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Council PKT 11-16-2004 Special/Regular ~ Fëderal Way City Council Meeting AGENDA CO UN CILMEMBERS Dean McColgan, Mayor Jeanne Burbidge Jack Dovey Eric Faison Jim Ferrell Linda Kachmar Mike Park CITY MANAGER David H. Moseley Office of the City Clerk November 16, 2004 I. II. III. I. II. III. IV. AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall N ovem ber 16, 2004 (111111111 cityoffèderal11lay. com) * * * * * SPECIAL MEETING - 5:30 p.m. CALL MEETING TO ORDER PLANNING COMMISSION INTERVIEWS ADJOURNMENT REGULAR MEETING - 7:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS a. b. Certificate of Appreciation/Pete yon Reichbauer Introduction of New Employees/City Manager Emerging Issues/City Manager c. CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please comefÒrward to the podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long. relate negatively to other individuals, or are otherwise inappropriate. Page 1 of3 . . . V. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee olthree members and brought before fitll Councillor approval: all items are enacted by one motion. Individual items may be removed by a CoundlmemberfÒr separate discussion and subsequent motion. a. b. c. d. e. f. g. h. 1. J. k. 1. VI. VII. VIII. Minutes/Noyember 2, 2004 Regular Meeting Vouchers September 2004 Quarterly Financial Report Council Bill #348/Critical Aquifer Recharge Areas & Wellhead Protection Areas Code Amendment - Enactment Ordinance 2005 Legislatiye Agenda and Policies - Resolution 2004-2005 Diyersity Commission Business Plan 2004-2005 Youth Commission Work Plan Centerstage Theater Conseryatory Lease of Space in Steel Lake Annex Armstrong Property Park Name Human Services Commission Appointment (unexpired term) Appointment of City Representatives to Metropolitan Solid Waste Manage- ment Advisory Committee Proposed Site Lease Renewal for Nextel PUBLIC HEARING . Disposal of Surplus City Property/Old City Hall Facility Staff Report Citizen Comment (3-minute limit) City Council Deliberation/Action . . CITY COUNCIL BUSINESS a. b. Planning Commission Appointments Ventana Final Plat - Resolution INTRODUCTION ORDINANCES a. Council Bill #349/2005-2006 Biennial Budget AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, ADOPTING THE 2005- 2006 BIENNIAL BUDGET. b. Council Bill #350/2005 Property Tax Rate AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR 2005. Page 2 0{3 . . . IX. X. XI. a. b. XII. c. Council Bill #351/Admissions Tax AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CODE CHAPTER 14, ARTICLE IV, SECTION 153 RELATING TO PERSONS SUBJECT TO TAX (AMENDING ORDINANCE NO. 02-432). d. Council Bill #352/Business License Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE, CHAPTER 9, ARTICLE II, SECTION 3\ RELATING TO PAYMENT OF FEES-DELINQUENT PAYMENT REGARDING BUSINESS REGISTRATION (AMENDING ORDINANCE NO. 91-86). e. Council Bill #353/Massage License Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE, CHAPTER 9, ARTICLE IX, SECTION 475 RELATING TO MASSAGE LICENSING FEES AND PENALTIES (AMENDING ORDINANCE NO. 95-229). f. Council Bill #354/Bathhouse License Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING SECTIONS OF CHAPTER 9, ARTICLE X, SECTION 615 OF THE FEDERAL WAY CITY CODE REGARDING BATHHOUSE LICENSING FEES AND PENALTIES (AMENDING ORDINANCE NO. 95-230). CITY COUNCIL REPORTS CITY MANAGER REPORT EXECUTIVE SESSION To Consider Sale or Lease of Property/Pursuant to RCW 42.30.110(l)(c) Potential Litigation/Pursuant to RCW 42.30.11 O( I )(i) ADJOURNMENT ** THE COUNCIL MA Y ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** . THE COMPLETE AGENDA PACKET IS AYAILABLE FOR REVIEW AT CITY HALL AND ON THE CITY'S WEBSITE UNDER "PUBLIC DOCUMENT LIBRARY" Page 3 o{3 . . . \ I MEETING DATE: November 16,2004 ITEM# 1 ~ )- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: BUDGET IMPACT: ~ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Draft minutes of the City Council regular meeting held on November 2,2004. SUMMARY/BACKGROUND: Official City Council meeting minutes for permanent records pursuant to RCW requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a PROPOSED MOTION: I move approval ofthe minutes ofthe City Council regular meeting held on November 2,2004. CITY MANAGER APPROVAL: >~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # ST 1 reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 FEDERAL WAY CITY COUNCIL Regular Meeting Council Cham hers - City Hall November 2, 2004 - 7:00 p.m. Minutes OR~f1 I. CALL MEETING TO ORDER Mayor McColgan called the regular meeting of the Federal Way City Council to order at the hour of7:03 p.m. Councilmembers present: Mayor Dean McColgan, Deputy Mayor Linda Kochmar, and Councilmembers Jeanne Burbidge, Jack Dovey, Eric Faison, Jim Ferrell, and Mike Park. Staff present: City Manager David Moseley, City Attorney Pat Richardson, and City Clerk Chris Green. . II. PLEDGE OF ALLEGIANCE Mayor McColgan called upon Police Officer Bill Drake to lead the flag salute. III. PRESENTATIONS a. Youth Commission Introductions/Certificates of Appointment Councilmember Burbidge read the names of the recently appointed Youth Commissioners and invited them to come forward to accept their Certificates of Appointment-those being Joseph Woo, Megan Loo, Christopher McColgan, Samuel Acuna, Kiley Martin, Allison Palumbarit, Hayley Johnson, Chelsea Friedman and Sarah Kirsch-none were in attendance. b. Introduction of New Employees/City Manager City Manager David Moseley advised there are no new employees at this time. c. Emerging Issues/City Manager Mr. Moseley further advised there are no emerging issues to report. Federal Way City Council Regular Meeting Minutes November 2, 2004 - Page 2 of 8 IV. CITIZEN COMMENT Dean Condos and Patrick Redmond - spoke in opposition to the Ventana Final Plat; they are both property owners adjacent to the proposed project. V. CONSENT AGENDA a. b. Minutes/October 19, 2004 Regular Meeting - Approved Ventana Final Plat - Resolution - Postponed to next regular meeting on November 16, 2004 Police Evidence Buildin,g/Financing Packa,ge & Authorization to Bid - Approved c. Councilmember Dovey pulled Consent Item (b )/V entana Final Plat. MOTION BY DEPUTY MAYOR KOCHMER TO APPROVE CONSENT AGENDA ITEMS (a) and (c) AS PRESENTED; SECOND BY COUNCILMEMBER FAISON. The motion passed as follows: . Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes Consent Item (b )/V entana Final Plat: Councilmember Dovey requested a staff briefing on the SEP A conditions of the project. Information was provided by Associate Planner Deb Barker and Public Works Deputy Director Ken Miller. Councilmember Ferrell noted an error in the packet materials-it is his recollection the Land Use/Transportation Committee recommended forwarding for review by full Council on November 2, 2004-not a recommendation for approval; he requested the record reflect same. Councilmember Dovey duly noted the correction, restating the committee's recommendation was to forward to full Council rather than approval. Staff noted the correction and also advised city staff and Barghausen Engineering representatives have scheduled a meeting with Mr. Condos on Friday, November 5, 2004, to discuss his concerns. Federal Way City Council Regular Meeting Minutes November 2, 2004 - Page 3 of 8 MOTION BY COUNCILMEMBER DOVEY TO DELAY AND SEND BACK TO ST AFF UNTIL THE REPLACEMENT TREES CONDITION IS MET BEFORE FINAL ACCEPT ANCE OF THE PLAT; SECOND BY DEPUTY MA YOR KOCHMAR. More discussion ensued regarding the SEP A conditions and concerns of the neighbors. Councilmember Dovey repeated his preference to have the replacement trees in place before final approval. Following an extended question and answer period between Councilmembers and city staff, COUNCILMEMBER DOVEY WITHDREW HIS EARLIER MOTION; DEPUTY MAYOR KOCHMAR CONCURRED. COUNCILMEMBER DOVEY THEN MOVED TO POSTPONE THE ITEM TO THE NOVEMBER 16 REGULAR MEETING; SECOND BY COUNCILMEMBER PARK. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes VI. PUBLIC HEARINGS a. 2005-2006 Biennial Budget & 2005 Property Tax Rate (As required by RCW 35A.34) Mayor McColgan read into the record, the procedures to be followed and convened the public hearing to consider the city's 2005-2006 biennial budget and 2005 property tax at the hour of 8:00 p.m. He announced testimony is limited to three minutes per person, and called upon the following citizens: Jason Wilson - representing the city's Public Safety Officers, he spoke in support of maintaining the requested number ofPSO's in the city's proposed budget. Sean O'Brien - current Boardmember and spokesman for the King County Sexual Assault Resource Center who thanked Councilmembers for their past support and requested continued funding for their organization. Betty Huff - spoke in support of continued funding and support of the arts in the city, and of the importance of the many cultural activities provided through the arts. Debby Englund - speaking as a school district nurse, she encouraged continuing support of the current Human Services funding for the King County Sexual Assault Resource Center by emphasizing the importance of such programs for all citizens. Federal Way City Council Regular Meeting Minutes November 2, 2004 - Page 4 of 8 Mina Kim - as a representative of the Korean-American Association of Tacoma, she encouraged continued funding for Korean-American organizations. John Lu - spoke in favor of continued funding for Korean services in the community, and of the importance of a Korean Hot Line service for activities such as the Korean Cultural Fest and other activities. Gary Martindale - General Manager of the Steadfast Company, the new mall owner, read two letters into the record-the first from the Steadfast Company and the other from Century Theaters (future mall tenant)-both opposing the admissions tax. Susan Mowrey - Director of Federal Way Youth and Family Services requested continued funding for their organization, and introduced their Russian Family Advocate who interpreted the thoughts and appreciation of a Russian woman (also present) who is currently receiving assistance for she and her children. Peggy LaPorte - thanked Council for their past funding for the FUSION organization and its projects; she requested continued funding consideration for their nine housing units for women and children. Kathy Franklin - as past president of the Federal Way Symphony, she encouraged the city's funding for the arts, and spoke to the importance of all arts. Diane Sweeney - representing the Federal Way Chorale; she read letters supporting continued funding of their group's activities-she also submitted a petition containing some 95 signatures requesting maintaining their portion of the contract for services. Cheryl Lee - encouraged continued funding for the city's Korean liaison position. Lori DeVore - expressed the vital need for continued funding of the city's arts programs. Being no additional comments, Mayor McColgan closed the public comment portion of the public hearing to consider the 2005-2006 biennial budget and 2005 property tax rate at the hour of 8:40 p.m.; he announced the public hearing is continued to November 3 for City Council deliberation only. b. 2005-20 10 Transportation Improvement Plat (TIP) & Arterial Street Improvement Plan (ASIP) - Approved Resolution No. 04-433 Mayor McColgan read into the record, the procedures to be followed and convened the public hearing to consider the 2005-2010 TIP and ASIP at 8:40 p.m. He announced testimony is limited to three minutes per person. Only one citizen signed up to speak. Federal Way City Council Regular Meeting Minutes November 2, 2004 - Page 5 of 8 H. David Kaplan - expressed concerns about the proposed roadway changes identified on the map as #26, located at So 31 ih St @ 28th Ave So near the city's skate park. Councilmember Dovey recused himself from discussion and action on this item. MOTION BY COUNCILMEMBER FAISON TO APPROVE THE RESOLUTION TO ADOPT THE 2005-2010 TRANSPORTATION IMPROVEMENT PLAN AND ARTERIAL STREET IMPROVEMENT PLAN, AND DIRECTED THE SAME BE FILED WITH THE WASHINGTON STATE SECRETARY OF TRANSPORTATION; SECOND BY COUNCILMEMBER BURBIDGE. The motion passed as follows: Burbidge Dovey Faison Ferrell yes recused yes yes Kochmar McColgan Park yes yes yes Mayor McColgan closed the public hearing to consider the 2005-20 I 0 Transportation Improvement Plan and Arterial Street Improvement Plan at 8:46 p.m. VII. COUNCIL BUSINESS a. Community Center/50% Design Consideration Councill11ember Ferrell expressed concerns about the project's original design being over budget-he feels it is unacceptable. Councilmember Dovey said he will vote to move the project ahead at this time, however, he feels if additional costs have not been eliminated once it reaches the 85% design approval stage, he will not support continuing the project. Deputy Mayor Kochmar feels the facility is badly needed. Councilmember Faison said he respects Councilmember Ferrell's position, however, the consultants have looked into reductions and feels it makes sense to go forward to the 85% design. MOTION BY COUNCILMEMBER BURBIDGE TO MOVE APPROVAL OF 50'~) DESIGN OF THE NEW COMMUNITY CENTER TO INCLUDE BID ALTERNATES AS PRESENTED, AUTHORIZATION TO PROCEED TO CONSTRUCTION DRAWINGS, AND RETURN TO COUNCIL FOR 85% DESIGN REVIEW; SECOND BY DEPUTY MAYOR KOCHMAR. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes no Kochmar McColgan Park yes yes yes Federal Way City Council Regular Meeting Minute.~ November 2, 2004 - Page 6 (~f 8 b. Han Woo-Ri Festival/Authorization to Continue Funding & Production/ Establish Festival Dates Economic Development Director Patrick Doherty updated Council on the festival since his last presentation in May when Council approved the preliminary plan-at that time he was instructed to bring back additional information in the fall. He then introduced the workshop consultants who presented a detailed report on the Korean Sports and Cultural Festival, including funding specifics for the event. MOTION BY COUNCILMEMBER FAISON TO AUTHORIZE CONTINUED FUNDING, PLANNING AND PRODUCTION OF THE HAN WOO-RI FESTIVAL, AND TO SET THE FESTIVAL DATE FOR THE WEEK OF MAY 9, 2005; SECOND BY COUNCILMEMBER DOVEY. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes VIII. INTRODUCTION ORDINANCE Council Bill #348/Critical Aquifer Recharge Areas & Wellhead Protection Areas Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 18 (ENVIRONMENTAL PROTECTION) AND 22 (ZONING), RELATED TO PROTECTION OF CRITICAL AQUIFER RECHARGE AREAS AND WELLHEAD PROTECTION AREAS. City Clerk Chris Green read the ordinance title into the record. Deputy Mayor Kochmar recused herself, in light of the fact she is an employee of the Lakehaven Utility District. MOTION BY COUNCILMEMBER DOVEY TO MOVE THE PROPOSED ORDINANCE TO SECOND READING AND ENACTMENT ON NOVEMBER 16; SECOND BY COUNCILMEMBER FAISON. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park recused yes yes Federal Way City Council Regular Meeting Minutes November 2, 2004 - Page 7 (~f 8 IX. CITY COUNCIL REPORTS Council member Ferrell reminded everyone of the Diversity Commission's Community Night being held this Friday evening at Todd Beamer High Schoo\. He also suggested changing the first meeting in November each year from Tuesday to Wednesday to honor the general election. Councilmember Park announced the next meeting of the Lodging Tax Advisory Committee will be held this coming Friday, November 5. Deputy Mayor Kochmar thanked city staff for the very successful open house yesterday. Councilmember Burbidge announced the Parks/Recreation/Human Services/Public Safety Committee will meet next Monday, November 8, at 5:00 p.m., in the Hylebos Room. She thanked those members of the Advancing Leadership Class who attended this evening.s meeting. Councilmember Dovey announced the next meeting of the Land Use/Transportation Committee will be held on November 15. at 5 :30 p.m. It will include a briefing on light link rail. Councilmember Faison provided an update on the recent meeting of the Puget Sound Regional Council, including Pacific Highway South projects. The next meeting of the Finance/Economic Development/Regional Affairs Committee will be held on November 9. at 5:30 p.m. Mayor McColgan reported the Suburban Cities Association has restructured its dues assessment in favor of the city. He also mentioned the upcoming Diversity Commission event being held this Friday evening at Todd Beamer High School. X. CITY MANAGER REPORT Mr. Moseley announced the debut of the city's new website was last Friday, and thanked Information Services Manager Mehdi Sadri and his staff for their hard work and dedication during the very lengthy project-they spent many hours during design and construction of the site. XI. EXECUTIVE SESSION To Consider Sale or Lease of Property/Pursuant to RCW 42.30.110(1 )(c) City Manager Moseley advised an executive session is not required this ev~ning. Federal Way Ci(v Council Regular Meeting Minutes November 2, 2004 - Page 8 of 8 XII. ADJOURNMENT Being no additional business to come before the Federal Way City Council, Mayor McColgan adjourned the regular meeting at the hour of 9:45 p.m. N. Christine Green, CMC City Clerk ,A/oc/ / ~ MEETING DATE: @€.9nm:mt ~, 2004 ITEM#~ """'-............-.........-....... CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: VOUCHERS CATEGORY: BUDGET IMP ACT: [g CONSENT D RESOLUTION D CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $2,901,400.30 $2,901,400.30 $ .............-...........-........-....... ATTACHMENTS: VOUCHER LIST SUMMARY /BACKGROUND: I, the undersigned, do hereby certify under penalty of petjury that the materials have been furnished, the services rendered, or the labor performed as des 'bed herein and that the claims are just and due obligations against the City of Federal Wa Was' gton, and that uth' authenticate and certify said claims. CITY COUNCIL COMMITTEE RECOMMENDATION: Approye attached vouchers pursuant to RCW 42.24 PROPOSED MOTION: I move approval of Vouchers. CITY MANAGER APPROVAL: . . -~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) .......-........-.......-....... COUNCIL ACTION: D APPROVED D DENIED D TABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF Federal Way MEMORANDUM Date: To: Via: From: Subject: October 19, 2004 Finance, Economic Development & Regional Affairs Committee David Moseley, City Manager Tho Kraus, Finance Manager Vouchers Action ReQuested: Accept the vouchers and forward to the October 26, 2004 Council meeting for approval. COMMITTEE ACTION: .. k:\fin\acctspay\checkrun\mfr cover.doc J<I ~>(cv. Committee Member .J l ~ K-Yr"C.--" I apChkLst 09/23/2004 4:47:05PM Final Check List CITY OF FEDERAL WAY Page: 1 Bank: key us bank Inv Date Description Amount Paid Check Total 181583 9/20/2004 000061 WA STATE REVENUE DEPAR 601-223-5385 9/20/2004 MSF-AUG04-REMIT B&O TAX 5,691.31 5,691.31 Voucher: 181583 181584 9/20/2004 007238 PETTY CASH: JURY FEES SEP 15/04 9/17/2004 MSF-9/04-REIM WITNESS/JUF 92.00 92.00 Voucher: 181584 181585 9/20/2004 001189 PETTY CASH - CM OFFICE CM 9/15/04 9/15/2004 REFRESHMENTS FOR DIVE 368.29 368.29 Voucher: 181585 181586 9/21/2004 002024 PETTY CASH-WITNESS FEES SEP 04 9/21/2004 MSF-SEP04 WITNESS FUND 483.01 483.01 Voucher: 181586 181587 9/21/2004 007238 PETTY CASH: JURY FEES SEP 04 9/21/2004 MSF-SEP04-REIM WITNESS/ 382.26 382.26 Voucher: 181587 181588 9/23/2004 000302 KING COUNTY RECORDS,ELE02-0057813 9/23/2004 CD-04-101152 KC RECORD IN 101.00 101.00 Voucher: 181588 181589 9/23/2004 005208 COMMERCIAL CARD SOLUT AUG 2004 8/31/2004 AUG04-CITY VISA CHARGES 12,639.44 12,639.44 ~ Voucher: 181589 . 181590 9/23/2004 001893 FEDERAL WAY SCHOOL DIS SIF-AUG 2004 9/21/2004 MSF-AUG04-SCHL IMPACT F 35,959.00 35,959.00 Voucher: 181590 181591 9/23/2004 007385 GMAC COMMERCIAL MORTG 982004776 9/21/2004 (OCT04) MRTGT PYMT PARA 48,429.50 48,429.50 Voucher: 181591 181592 9/23/2004 008070 NORTHWEST ACQUISITION L41274T 7/30/2004 CM-MODULAR FURNITURE F 995.52 Voucher: 181592 41276T 7/30/2004 CM-MODULAR FURNITURE F 911.31 1,906.83 181593 9/23/2004 005254 U S BANCORP AUG 2004 9/7/2004 PS-AUG04-CITY VISA CHARG 4,700.01 4,700.01 Voucher: 181593 181594 9/23/2004 003475 U S BANK AUG2004 9/7/2004 PW-FOOD-15 TO CITY CENT 7,870.16 7,870.16 Voucher: 181594 181595 9/23/2004 004258 WA STATE DEPT OF LlCENS JUL Y-AUG2004 9/22/2004 PS-(JUL Y-AUG04) REMIT CP 318.00 318.00 Voucher: 181595 181596 9/23/2004 004258 WA STATE DEPT OF LlCENS BIDEN,KENT 9/22/2004 PS-REMIT ALIEN FIREARM S 15.00 15.00 Voucher: 181596 181597 9/23/2004 008412 WESTMAN, LARRY PAUL WITNESS REI 9/20/2004 MC-WITNESS REIMB 9/20/04 96.25 96.25 Voucher: 181597 Sub total for us bank: 119,052.06 Check # Date Vendor Invoice Page: 1 apChkLst 09/23/2004 4:47:05PM Final Check List CITY OF FEDERAL WAY Page: 2 15 checks in this report. Grand Total All Checks: 119,052.06 7\ -L Page: 2 apChkLst 09/23/2004 4:47:05PM Final Check List CITY OF FEDERAL WAY Page: 3 Bank code: key Check # Date 520662 12/16/2003 J:Ä Page: 3 apChkLst Final Check List Page: 1 09/30/2004 11:43:19AM CITY OF FEDERAL WAY Bank: key us bank Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 181598 9/30/2004 004880 ACOUSTICS NORTHWEST I AG04-123 #3 9/14/2004 AG04-123A:NEW CH-ACOUS1 19,652.45 19,652.45 Voucher: 181598 181599 9/30/2004 001856 ACTION SERVICES CORPOR.t48628 8/31/2004 AGOO-6C:8/04 STREET SWPN 2,961.20 2,961.20 Voucher: 181599 181600 9/30/2004 000109 ACTIVE SECURITY CONTROL 13561 9/1/2004 SWM-REKEYABLE PADLOCK 113.65 Voucher: 181600 13557 8/26/2004 SWM-REKEYABLE PADLOCK 113.65 13548 8/10/2004 SWM-REKEYABLE PADLOCK 11.10 238.40 181601 9/30/2004 001043 ADOPT-A-STREAM FOUNDAT 1769 9/10/2004 SWM-WATER QUALITY EQU 105.10 105.10 Voucher: 181601 181602 9/30/2004 007637 AKELA SECURITY SERVICE I 3383 9/1/2004 AG03-206A:AUG04-COURT S 3,776.85 3,776.85 Voucher: 181602 181603 9/30/2004 000833 ALLEN & ASSOC INC, BRUCE 24135-2 7/29/2004 AG04-07A:SPRING VALLEY-A 3,500.00 3,500.00 Voucher: 181603 1'. 181604 9/30/2004 001652 ALLWEST UNDERGROUND I AU145806 8/18/2004 SWM-EQUIPMENT RENTAL; ~ 253.64 ~ Voucher: 181604 AU 146055 9/1/2004 SWM-EQUIPMENT RENTAL; ~ 143.57 AU 145434 7/27/2004 SWM-STEEL LAKE SNOUT P 114.19 511.40 181605 9/30/2004 008231 ALUMINUM & BRONZE FABRI 6460001 8/16/2004 PKCHB/BRONZE HANDRAILS 8,520.13 8,520.13 Voucher: 181605 181606 9/30/2004 001194 AMERICAN HOSE & FITTINGS653633-001 8/30/2004 PWS-REPAIR/MAINT SUPPL 24.96 24.96 Voucher: 181606 181607 9/30/2004 008028 ANCHOR ENVIROMENTAL LL 5796 8/18/2004 AG04-51:7 /04 W HYLEBOS B 25,893.03 25,893.03 Voucher: 181607 181608 9/30/2004 008429 ANDERSON, DAVID 181810 9/7/2004 PKRCS-REFUND-RECREA TI 50.00 50.00 Voucher: 181608 181609 9/30/2004 000649 APPL Y-A-LiNE INC 32694 7/23/2004 PWST-REPAIR/MAINTENANC 500.00 500.00 Voucher: 181609 181610 9/30/2004 008422 ARCHITEXTURES AG04-135 #1 9/14/2004 AG04-135A:NEW CH-FABRIC 12,576.14 12,576.14 Voucher: 181610 181611 9/30/2004 003057 ASSOC OF PERMIT TECHNIC K CIMMER 9/28/2004 CDB-10/04 WSAPT CONF-Clrv 87.00 87.00 Voucher: 181611 181612 9/30/2004 000437 ASSOCIATED COURIERS INC 330350 8/23/2004 SWM-COURIER SERVICES; C 27.27 27.27 Voucher: 181612 181613 9/30/2004 000575 ATTORNEYS' INFORMATION E64828 8/31/2004 LAW-INV#64828 25.00 25.00 Voucher: 181613 Page: 1 apChkLst 09/30/2004 11:43:19AM Bank: key us bank Check # Date Vendor 181614 9/30/2004 Voucher: 181615 9/30/2004 Voucher: 181616 9/30/2004 Voucher: 181617 9/30/2004 Voucher: ('\ ...J Final Check List CITY OF FEDERAL WAY Page: 2 (Continued) Invoice Inv Date Description Amount Paid Check Total 9/20/2004 PKDBC-REFUND RENTAL DE 150.00 150.00 7/29/2004 CD- ENVELOPES PRINTING ~ 81.44 8/30/2004 CM-PRINTING OF ADDRESS ( 19.04 100.48 9/3/2004 AG04-33:8/04 COM CTR DES 9,013.69 9,013.69 9/14/2004 PKM-8/04-356TH PK L T, 348T 777 .92 777 .92 008437 AUBURN SCHOOL DISTRICT C2913R5902 181614 004128 BAGNELL INC 181615 007479 BARKER RINKER SEACAT 181616 000792 BARRY'S TRUCKING & LAND 165977 181617 7567 7704 5283 Page: 2 apChkLst 09/30/2004 11:43:19AM Final Check List CITY OF FEDERAL WAY Page: 3 Bank: key us bank (Continued) Check # Invoice Vendor Date 181618 9/30/2004 001630 BLUMENTHAL UNIFORM CO I 384054 Voucher: 181618 375980-04 377291-01 385621 388573 386898 387493 385922 384805 388094 381771-01 381335 383466 388234 388234-01 387218 385953 385922-81 386005 388741 385479 384316-01 386000 386016 380988 387493-01 386267 384316 387804 386412 386918 383887 380978 348363-81 385922-80 -g Inv Date Description Amount Paid 8/30/2004 PS-UNIFORMS & ACCESS 609.28 9/15/2004 PS-UNIFORMS & ACCESS 291.58 8/30/2004 PS-UNIFORM CLOTHING 215.42 8/20/2004 PS-UNIFORMS & ACCESS 178.38 9/10/2004 PS-UNIFORMS & ACCESS 172.88 9/16/2004 PS-UNIFORMS & ACCESS 172.88 9/14/2004 PS-UNIFORMS & ACCESS 135.95 8/26/2004 PS-UNIFORMS & ACCESS 121.75 8/16/2004 PS-UNIFORMS & ACCESS 100.00 9/8/2004 PS-UNIFORMS & ACCESS 99.99 9/14/2004 PS-UNIFORMS & ACCESS 92.43 8/20/2004 PS-UNIFORMS & ACCESS 82.52 9/1/2004 PS-UNIFORMS & ACCESS 81.55 9/10/2004 PS-UNIFORMS & ACCESS 77.19 9/16/2004 PS-UNIFORMS & ACCESS 77.19 8/31/2004 PS-UNIFORMS & ACCESS 51.08 9/14/2004 PS-UNIFORMS & ACCESS 26.11 9/10/2004 PS-UNIFORMS & ACCESS 25.02 8/27/2004 PS-UNIFORMS & ACCESS 17.41 9/10/2004 PS-UNIFORMS & ACCESS 17.41 8/23/2004 PS-UNIFORMS & ACCESS 16.32 8/24/2004 PS-UNIFORMS & ACCESS 16.32 8/27/2004 PS-UNIFORMS & ACCESS 13.06 8/27/2004 PS-UNIFORMS & ACCESS 13.06 9/10/2004 PS-UNIFORMS & ACCESS 13.06 9/16/2004 PS-UNIFORMS & ACCESS 13.06 9/3/2004 PS-UNIFORMS & ACCESS 9.79 8/20/2004 PS-UNIFORMS & ACCESS 9.25 9/9/2004 PS-UNIFORMS & ACCESS 9.25 9/3/2004 PS-UNIFORMS & ACCESS 8.70 9/10/2004 PS-UNIFORMS & ACCESS 8.70 9/10/2004 PS-UNIFORMS & ACCESS 7.56 8/25/2004 PS-UNIFORMS & ACCESS 4.35 8/30/2004 PS-UNIFORMS & ACCESS -34.76 9/7/2004 PS-UNIFORMS & ACCESS -121.75 Check Total 2,631 .99 Page: 3 apChkLst Final Check List Page: 4 09/30/2004 11:43:19AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 181619 9/30/2004 002576 BRAD MASON TRUCKING & AG04-133 #2 9/16/2004 AG04-133:SEWER EXT BELL 23,542.22 23,542.22 Voucher: 181619 181620 9/30/2004 004866 BRIM TRACTOR COMPANY I IV64912 5/26/2004 MSFL T-REPAIR/MAINT SVC 78.45 78.45 Voucher: 181620 181621 9/30/2004 007519 BUSINESS INTERNET SERVI 9320 3/30/2004 AG04-11 :CITY WEB SITE 1M 4,935.00 4,935.00 Voucher: 181621 181622 9/30/2004 008440 BYNUM, DANIEL 03-47124 9/10/2004 PS-REFUND TRAFFIC SCHOC 100.00 100.00 Voucher: 181622 181623 9/30/2004 000414 CAFE PACIFIC CATERING IN 8820 9/15/2004 PWTR-LUNCH MEETING FO 216.90 216.90 Voucher: 181623 181624 9/30/2004 008413 CALIFORNIA GUITAR TRIO 10/14/2004 9/28/2004 PKKFT-PERFORMANCE 10/ 2,500.00 2,500.00 Voucher: 181624 181625 9/30/2004 003093 CASCADE COMPUTER MAIN 0078089 8/30/2004 MSDP-HP5SIMX MAINTENAN 196.74 196.74 n Voucher: 181625 CASCADE MOBILE MIX CONC 17980 9/9/2004 SWM-REPAIR/MAINTENANC 168.64 168.64 ~ 181626 9/30/2004 002351 Voucher: 181626 181627 9/30/2004 003403 CASCADE SAWING & DRILL 77692 8/24/2004 PKM-SLAB SAWING 918.00 918.00 Voucher: 181627 181628 9/30/2004 004692 CASTRO, GABRIEL CASTRO 9/29/2004 PS-8/04-CRIML INTDT-CASTR 122.00 122.00 Voucher: 181628 181629 9/30/2004 008278 CATON, LARRY CATON 9/29/2004 CDS: COMM ELECT INSP EX 160.00 160.00 Voucher: 181629 181630 9/30/2004 005573 CDW GOVERNMENT INC OM41206 8/27/2004 MSDP/PS - HP/CMPAQ LAPT 1,624.16 1,624.16 Voucher: 181630 181631 9/30/2004 005712 CHANG, JENNY 9/22/04 9/22/2004 MC-INTERPRETER SERVICE 70.00 70.00 Voucher: 181631 181632 9/30/2004 008426 CHRISTIAN FAITH CENTER 02-0053589 9/29/2004 CD-REFUND PROJECT IS CO 5,356.08 Voucher: 181632 EIS INTEREST 9/29/2004 CD-CFC EIS INTEREST 482.20 5,838.28 181633 9/30/2004 007443 CITIES INSURANCE ASSO OF 0405-023 9/1/2004 MSRM-INSURANCE PREMIU 383,096.00 383,096.00 Voucher: 181633 181634 9/30/2004 000142 CITY OF FED WAY-ADVANCE CK# 2175 9/13/2004 PS-8/04-CLOSE RANGE GUNI 206.26 206.26 Voucher: 181634 Page: 4 apChkLst Final Check List Page: 5 09/30/2004 11:43:19AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 181635 9/30/2004 000951 CITY OF FEDERAL WAY AG04-108 9/16/2004 AG04-108:RET HELD-WAGNE 20,999.70 Voucher: 181635 AG04-135 #1 9/14/2004 AG04-135A:RET HELD-ARCHI 10,694.00 AG04-58 #5 (F 8/27/2004 AG04-58:RET HELD-SANDER 2,466.14 AG04-1 07 #3 9/17/2004 AG04-107-RET HELD-LLOYD I 2,366.46 AG04-133 #2 9/16/2004 AG04-133:RET HELD-BRAD M 1,134.02 AG04-123 #3 9/14/2004 AG04-123A:RET HELD-ACOU~ 946.65 AG04-86 #4 9/17/2004 AG04-86D:RET-GUDMUNDS 752.74 39,359.71 181636 9/30/2004 003564 CLARY, JOHN K9 REIMB 9/14/2004 PS-K9 TRACKING GLASSES 126.17 126.17 Voucher: 181636 181637 9/30/2004 005102 COLE-PARMER INSTRUMENT5485373 8/31/2004 SWM-WATER QUAL. WEST H 364.74 Voucher: 181637 5476320 8/19/2004 SWM-WATER QUAL. WEST H 38.25 402.99 181638 9/30/2004 001127 COMMUNITY HEALTH CENT 1QTR2004 7/16/2004 AG03-188A:1QTR04 PRIMAR 3,584.50 Voucher: 181638 2QTR2004 7/16/2004 AG03-188A:2QTR04 PRIMAR 3,584.50 7,169.00 181639 9/30/2004 008381 CONOCOPHILLIPS FLEET 870165123508 8/26/2004 PS-8/04 FLEET FUEL 109.70 109.70 Voucher: 181639 ]\. 181640 9/30/2004 008430 DAVIS, ANGEL 183417 9/20/2004 PKRCS-REFUND-RECREA TI 50.00 50.00 - Voucher: 181640 C 181641 9/30/2004 000438 DELI SMITH & CHOCOLATE J 0691 9/14/2004 CC-REFRESHMENTS FOR C 59.02 59.02 Voucher: 181641 181642 9/30/2004 007596 DIAZ, PATRICIA 182241 9/9/2004 PKRCS-REFUND-RECREA TI 100.00 Voucher: 181642 182239 9/9/2004 PKRCS-REFUND-RECREA TI 15.00 182240 9/9/2004 PKRCS-REFUND-RECREA TI 3.00 118.00 181643 9/30/2004 005276 DMCMA TREASURER COLEMAN 9/29/2004 MC-DMCMA-COLEMAN-11/41 25.00 Voucher: 181643 STONE 9/29/2004 MC-DMCMA-STONE-11/4 THL 25.00 JENNINGS 9/29/2004 MC-DMCMA-JENNINGS-11/41 25.00 75.00 181644 9/30/2004 005341 DODD, ESCOLASTICA ROSA 9/15/04 9/15/2004 MC-INTERPRETER SERVICE 160.00 Voucher: 181644 9/14/04 9/14/2004 MC-INTERPRETER SERVICE 140.00 9/13/04 9/13/2004 MC-INTERPRETER SERVICE 100.00 9/8/04 9/8/2004 MC-INTERPRETER SERVICE 80.00 9/14/04 B 9/14/2004 MC-INTERPRETER SERVICE 80.00 9/17/04 9/17/2004 MC-INTERPRETER SERVICE 80.00 9/21/04 9/21/2004 MC-INTERPRETER SERVICE 80.00 9/21/04 B 9/21/2004 MC-INTERPRETER SERVICE 80.00 800.00 Page: 5 apChkLst Final Check List Page: 6 09/30/2004 11:43:19AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 181645 9/30/2004 007548 DOXTATER & COMPANY LLC SEPT2004 9/1/2004 AG04-143:9/1/04 KOREAN FE 10,000.00 Voucher: 181645 090904 9/1/2004 AG04-77:9/04 REBOK EVENT 2,000.00 KOREAN MATE 9/10/2004 CM-POSTCARD PRINTING, S 1,800.54 13,800.54 181646 9/30/2004 000570 EAGLE TIRE & AUTOMOTIVE t1036702 9/9/2004 PS-REP AI RlSVC/TIRES 2,322.09 Voucher: 181646 1036284 8/18/2004 PS-REPAIRlSVC/TIRES 1,019.79 1036733 9/11/2004 MSFL T-TUNE UP REPAIRIM 735.71 1036780 9/13/2004 PS-REP AI RlSVC/TI RES 514.14 1036920 9/21/2004 PS-REPAIRlSVC/TIRES 423.54 1036838 9/16/2004 PS-REPAIRlSVC/TIRES 347.92 1036422 8/25/2004 PS-REPAIRlSVC/TIRES 346.13 1036365 8/23/2004 PS-REPAIRlSVC/TIRES 283.14 1036643 9/7/2004 PS-REPAI RlSVC/TI RES 278.55 ~ 1036668 9/8/2004 PS-REPAIRlSVC/TIRES 149.80 1036268 8/18/2004 PS-REPAIRlSVC/TIRES 147.54 1036364 8/23/2004 PS-REPAIRlSVC/TIRES 141.57 1036562 9/2/2004 PS-REP AI RlSVC/TI RES 87.66 1036640 9/7/2004 PS-REP AI RlSVC/TI RES 58.71 1036890 9/20/2004 PS-REPAIRlSVC/TIRES 46.75 1036405 8/25/2004 PS-REP AI RlSVC/TI RES 31.54 1036627 9/7/2004 PS-REP AI RlSVC/TI RES 31.05 1036395 8/24/2004 PS-REPAI RlSVC/TI RES 30.44 1036363 8/23/2004 PS-REPAIRlSVC/TIRES 18.49 1036386 8/24/2004 PS-REP AI RlSVC/TI RES 18.49 1036625 9/7/2004 PS-REP AI RlSVC/TI RES 18.49 1036624 9/4/2004 PS-REPAIRlSVC/TIRES 13.32 1036655 9/8/2004 PS-REPAI RlSVC/TI RES 13.32 1036656 9/8/2004 PS-REPAIRlSVC/TIRES 13.32 7,091.50 181647 9/30/2004 001879 EARTH TECH INC 72378-316205 8/3/2004 AG03-202:7/04 COMM CTR S 781.00 781.00 Voucher: 181647 181648 9/30/2004 008141 EAST JORDAN IRON WORKS 2576877 9/8/2004 SWM-MANHOLE REPLACEM 610.37 Voucher: 181648 2577689 9/10/2004 SWM-MANHOLE REPLACEM 332.92 943.29 181649 9/30/2004 008071 ELECTRICAL CONSULTING S 21281 8/23/2004 NB/MS- REPLACEMENT AUX 2,395.42 Voucher: 181649 21280 8/23/2004 NB/MS-EMERGENCY SERVIC 1,632.00 4,027.42 181650 9/30/2004 000343 ELEPHANT CAR WASH 200 8/31/2004 PS-8/04-CAR WASH SERVIC 677.98 677.98 Voucher: 181650 Page: 6 apChkLst Final Check List Page: 7 09/30/2004 11 :43:19AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 181651 9/30/2004 007283 EMERALD AIRE INC 47281 9/20/2004 CHB-HEATING PROBLEM 369.92 Voucher: 181651 47249 9/7/2004 KLAHANEE-HVAC SERVICES 351.42 47188 9/20/2004 CHB-HEATING PROBLEM 340.01 47248 9/7/2004 MTN OFF-HV AC SERVICES 109.89 1 ,171 .24 181652 9/30/2004 004344 EMERGENCY FEEDING PRO 6/2004 7/19/2004 AG04-129:6/04 EMERGENCY I 2,882.00 2,882.00 Voucher: 181652 181653 9/30/2004 007919 EMPIRE FACILITY SERVICES 112315 8/1/2004 CM-CONSUL TING SERVICES 10,499.70 Voucher: 181653 12427 8/1/2004 CM-CONSUL TING SERVICES 6,700.72 12426 8/1/2004 CM-CONSUL TING SERVICES 5,533.84 22,734.26 181654 9/30/2004 006514 ENGINEERING BUSINESS SY 19151 9/13/2004 MSDP-DISASSEMBL Y, MOVE 244.80 Voucher: 181654 19258 9/9/2004 MSDP-9/04 SERVICE & MAIN 239.83 484.63 181655 9/30/2004 005900 ENR-ENGINEERING NEWS-R 000020746743 9/1/2004 PWAD-1 YR SUB RENEWAL; I 69.00 69.00 Voucher: 181655 T 181656 9/30/2004 008431 ERICKSON, DENISE 183421 9/20/2004 PKRCS-REFUND-RECREA TI 80.00 80.00 - Voucher: 181656 ~ 181657 9/30/2004 000328 ERNIE'S FUEL STOPS (DBA) 0172280 9/15/2004 MSFL T -FUEL FOR VEHICLES 2,906.21 2,906.21 Voucher: 181657 181658 9/30/2004 002366 ESM CONSULTING ENGINEE 50809 8/25/2004 AG04-52A:8/04 HISTORIC CA 1,602.12 1,602.12 Voucher: 181658 181659 9/30/2004 004840 EVAC-EMERGENCY VEHICLE 103442 9/15/2004 PS-ROT A TOR BRACKET 86.22 Voucher: 181659 103419 9/10/2004 PS-RPLC CIRCUIT BREAKER 68.27 103369 8/31/2004 PS-TRBL SHOOT RADIO 32.64 187.13 181660 9/30/2004 001131 EVERGREEN AUTO ELECTR 7998 9/20/2004 MSFL T-LiGHT REPAIR WIRI 143.75 Voucher: 181660 8000 9/20/2004 MSFL T-CIRCUIT BREAKER R 26.11 169.86 181661 9/30/2004 000229 FEDERAL WAY CHAMBER CO794 8/2/2004 PWSWR-NEWSLETTER AD S 1,031.00 Voucher: 181661 855 8/31/2004 CM-FW CHAMBER OF COMM 250.00 1,281.00 181662 9/30/2004 004270 FEDERAL WAY MIRROR 005732 8/21/2004 CDHS PUBLIC NOTICE 296.14 Voucher: 181662 005715 8/11/2004 CDHS PUBLIC NOTICE 119.52 415.66 181663 9/30/2004 00491 0 FILETEX LLC 04-1445 8/5/2004 CDA - COLOR CODED LABEL 528.84 Voucher: 181663 04-1448 8/11/2004 CDA - COLOR CODED LABEL 45.30 04-1461 8/30/2004 CDA - COLOR CODED LABEL 45.30 04-1466 9/7/2004 CDA - COLOR CODED LABEL 41.00 660.44 181664 9/30/2004 001686 FIRST CHOICE BUSINESS MAOO080486 8/31/2004 MSMD-8/04 MAINT SHARP A 23.51 23.51 Voucher: 181664 Page: 7 apChkLst Final Check List Page: 8 09/30/2004 11:43:19AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 181665 9/30/2004 002664 FLEX-PLAN SERVICES INC 60604 9/21/2004 AG03-47A:9/04-FLEXIBLE PL 386.10 386.10 Voucher: 181665 181666 9/30/2004 004366 FLOYD EQUIPMENT COMPAN34759 8/24/2004 SWM-REPAIRIMAINTENANC 60.93 60.93 Voucher: 181666 181667 9/30/2004 003068 FORESTRY SUPPLIERS INC 835326-00 9/14/2004 SWM-SUPPLIES STEEL LAK 179.15 179.15 Voucher: 181667 181668 9/30/2004 001669 FOSTER PEPPER & SHEFELM784365 9/21/2004 AG02-95C:8/04 LGL SVCS-LA 240.33 240.33 Voucher: 181668 181669 9/30/2004 007404 FULLER, MICHELLE M 9/15/04 9/15/2004 MC-INTERPRETER SERVICE 100.00 100.00 Voucher: 181669 181670 9/30/2004 002574 GRAHAM & DUNN, P.C. 222092 9/13/2004 AG99-143D:8/04-LGL SVCS-C 181.60 181.60 7'\ Voucher: 181670 AG04-86 #4 9/17/2004 AG04-86D:NEW CH-PAINTIN 15,626.93 15,626.93 - 181671 9/30/2004 008132 GUDMUNDSON CO INC \N Voucher: 181671 181672 9/30/2004 000671 H 0 FOWLER COMPANY 11522307 8/11/2004 PWS-REPAIRIMAINT. SUPPL 742.00 742.00 Voucher: 181672 181673 9/30/2004 002590 HACH COMPANY 3984853 8/31/2004 STREAM KIT REFILLS; SWM \ 122.35 122.35 Voucher: 181673 181674 9/30/2004 008432 HAIL, CARLOS 183418 9/20/2004 PKRCS-REFUND-RECREA TI 45.00 45.00 Voucher: 181674 181675 9/30/2004 008131 HAM MARS UNIFORM 36665 8/26/2004 PS-CONCEALABLE BODY AR 22,536.98 Voucher: 181675 36460 8/18/2004 PS-CONCEALABLE BODY AR 22,465.88 36512 8/19/2004 PS-CONCEALABLE BODY AR 17,345.10 62,347.96 181676 9/30/2004 008236 HAWORTH CORPORATION 10184579 8/17/2004 CM-CUBICLE COMPONENTS 1,798.46 Voucher: 181676 1 0184576 8/17/2004 CM-CUBICLE COMPONENTS 1,324.66 3,123.12 181677 9/30/2004 001367 HDR ENGINEERING INC M-72475 9/9/2004 AG04-96:S 356 WIDENING 1 42,745.90 Voucher: 181677 M-68656 8/4/2004 AG04-96:S 356 WIDENING 1 39,766.15 82,512.05 181678 9/30/2004 001487 HEWLETT-PACKARD COMPA 36617194 9/10/2004 MSDP/RR COMPAQ/HP PC W 15,889.15 15,889.15 Voucher: 181678 181679 9/30/2004 008441 HOEFLE, JUSTIN 03-47342 9/13/2004 PS-REFUND TRAFFIC SCHOC 75.00 75.00 Voucher: 181679 181680 9/30/2004 007812 HUCKELLWEINMAN ASSOC I 8/2004 9/8/2004 AG03-207:CONSOLIDATED H 8,952.05 Voucher: 181680 3QTR2004 8/13/2004 AG03-207:CONSOLIDATED H 5,870.92 14,822.97 Page: 8 apChkLst Final Check List Page: 9 09/30/2004 11:43:19AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 181681 9/30/2004 000016 IKON OFFICE SOLUTIONS 16116174 9/14/2004 MSDP 9/5 - 10/5 FAX MACHINI 169.40 Voucher: 181681 1677670A 9/1/2004 MSMD-TONER FREIGHT #6 16.31 1679951A 9/7/2004 MSMD-(DATE)COPIES MAINT 16.31 202.02 181682 9/30/2004 005231 IKON OFFICE SOLUTIONS 63221971 8/27/2004 MSMD-9/22-10/21 COPIER R 2,963.99 2,963.99 Voucher: 181682 181683 9/30/2004 003346 IMSA 30888 9/1/2004 PWTR-B.JEPSEN MEMB RE 60.00 60.00 Voucher: 181683 181684 9/30/2004 002893 INDUSTRIAL BOLT & SUPPLY 255346-1 8/27/2004 SWM-REPAIR/MAINTENANC 65.55 65.55 Voucher: 181684 181685 9/30/2004 003211 IRON MOUNTAIN/SAFESITE I P108787 8/31/2004 MSC-8/04 RECORDS STORAC 1,923.83 1,923.83 Voucher: 181685 181686 9/30/2004 001129 J & K FOUNDATIONS INC 30 9/6/2004 CHB/CONCRETE/CONSTRU 1,958.40 1,958.40 Voucher: 181686 181687 9/30/2004 005025 J&R COMMERCIAL JNTR SVC 2237 9/22/2004 CHB-9/04 JANITORIAL SERVI 6,765.18 T\ Voucher: 181687 2227 8/30/2004 CHB-OLD CH FINAL CLEANI 466.88 - 2235 9/22/2004 AG03-22:9/04-STEEL LK JNT 333.33 -L 2230 9/20/2004 CHB-M-FOLD TOWEL 74.35 7,639.74 181688 9/30/2004 005444 JENSEN, KRIS ROBERT 9/20-9/22/04 9/22/2004 MC-PRO TEM JUDGE 1,200.00 Voucher: 181688 9/13/04 9/13/2004 MC-PRO TEM JUDGE 175.00 1,375.00 181689 9/30/2004 005656 JIM'S DETAIL SHOP 11577F 9/22/2004 PS-DETAIL SVCS #662 INTE 79.99 79.99 Voucher: 181689 181690 9/30/2004 00201 0 KCM INC 143241 9/14/2004 AG03-48B:8/04 LAKOTA WET 21,942.31 21,942.31 Voucher: 181690 181691 9/30/2004 005568 KING COUNTY FLEET ADM 01202441 9/1/2004 PWTR-MA TERIALS/SUPPLIE 2,119.69 Voucher: 181691 202405 8/11/2004 SWM-MATERIALS/SUPPLIS F 334.35 202440 9/1/2004 PWS-MATERIALS/SUPPLIES I 34.66 2,488.70 181692 9/30/2004 000201 KINKO'S INC, ACCOUNT #020515100073481 9/3/2004 CM-PRINTING BUSINESS CA 21.22 21.22 Voucher: 181692 181693 9/30/2004 002128 KLEINS COMMERCIAL DOOR 1795 9/1/2004 PKDBC-REPAIR DOORS 181 .70 181 .70 Voucher: 181693 181694 9/30/2004 008427 KONSMO, GRACE 02-57159 9/9/2004 CD-RFND BOND # 500.00 500.00 Voucher: 181694 181695 9/30/2004 700487 KRZYZANIAK, VAL 183419 9/20/2004 PKRCS-REFUND-RECREA TI 60.00 60.00 Voucher: 181695 Page: 9 apChklst 09/30/2004 11 :43: 19AM Bank: key us bank (Continued) Check # Date Vendor Final Check list CITY OF FEDERAL WAY Invoice 181696 9/30/2004 003399 KVASNYUK, NIKOLAY 9/7-9/15/04 Voucher: 181696 181697 9/30/2004 000096 LAKEHAVEN UTILITY DISTRI Voucher: 181697 7\ - \f'I 181698 9/30/2004 005248 LANDON, MICHELLE Voucher: 181698 181699 9/30/2004 004052 LAW ENFORCEMENT EQUIP Voucher: 181699 181700 9/30/2004 007050 LAW OFFICES OF HAL GEIE Voucher: 181700 3050801 3238401 2961501 3075201 3033601 1768602 2798301 2830801 1639103 2913103 3075401 2926501 2926402 3336201 3075301 2573402 3266301 3336301 2922203 2961401 99902 3042401 3088801 101103 2957001 2922503 PRKG REIMB 09150408 Inv Date Description 9/15/2004 MC-INTERPRETER SERVICE 9/10/2004 9/10/2004 9/20/2004 9/10/2004 8/23/2004 9/10/2004 9/15/2004 9/15/2004 9/10/2004 9/10/2004 9/10/2004 9/10/2004 9/10/2004 9/10/2004 9/10/2004 9/10/2004 9/10/2004 9/10/2004 9/10/2004 9/10/2004 9/10/2004 9/20/2004 8/18/2004 9/10/2004 9/10/2004 9/10/2004 9/15/2004 PKM-WATER/SEWER CHAR PWS-7/04 WATER SVCS- PWS-8/04 WATER SVCS- PKM-WATER/SEWER CHAR PKM-WATER/SEWER CHAR PKDBC-7/04 SEWER SVCS- PKM-WATER/SEWER CHAR PKM-WATER/SEWER CHAR PKM-WATER/SEWER CHAR PARAGON BLDG-8/04 WATE PKM-WATER/SEWER CHAR PKM-WATER/SEWER CHAR PKM-WATER/SEWER CHAR PWS-7/04 WATER SVCS PKM-WATER/SEWER CHAR PWS-8/04 WATER SVCS- PKM-WATER/SEWER CHAR PWS-7/04 WATER SVCS PARAGON BLDG-8/04 WATE PWS-7/04 WATER SVCS- PKM-WATER/SEWER CHAR PWS-8/04 WATER SVCS- PWS-7/04 WATER SVCS- PKM-W A TER/SEWER CHAR PKM-WATER/SEWER CHAR PARAGON BLDG-8/04 WATE PS-PARKING REIMB CRIME A 9/15/2004 PS-SAFETY EQUIPMENT AG02-125 #32 9/16/2004 AG02-125:MTH03-PUBLIC DE Amount Paid 100.00 14,480.22 881.79 864.22 755.81 657.84 634.26 537.89 537.89 493.84 294.28 253.07 241.78 182.28 161.90 98.28 65.76 61.26 56.76 19.78 17.13 15.68 14.48 14.48 14.48 14.48 14.48 60.00 112.23 18,364.50 Page: 10 Check Total 100.00 21,384.12 60.00 112.23 18,364.50 Page: 10 apChkLst Final Check List Page: 11 09/30/2004 11 :43: 19AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 181701 9/30/2004 002363 LEARNING SPROUT 66392 9/9/2004 PRCS-PRESCHOOL EDUCAT 185.97 185.97 Voucher: 181701 181702 9/30/2004 006144 LEGEND DATA SYSTEMS, IN 51856 8/26/2004 NCHB-BADGE HOLDERS 84.53 Voucher: 181702 51974 9/3/2004 NCHB-BADGE HOLDERS 65.12 149.65 181703 9/30/2004 003664 LlLE INTERNATIONAL COMPA431997 9/5/2004 AG04-134:NEW CH-MOVING ~ 18,682.40 18,682.40 Voucher: 181703 181704 9/30/2004 000630 LLOYD ENTERPRISES INC AG04-107 #3 9/17/2004 AG04-107:LAKOTA WTLN RG 44,962.80 44,962.80 Voucher: 181704 181705 9/30/2004 005612 LONG, SARADY EMPLOY REIM 9/15/2004 PW-PRKG REIMB ITE CONF 330.80 330.80 Voucher: 181705 181706 9/30/2004 001500 MACLEOD RECKORD ARCHI 3515 9/3/2004 AG04-36:8/04 LAKOTA PARK 7,046.03 Voucher: 181706 3516 9/3/2004 AG04-35:8/04 SACAJAWEA P 4,635.00 11,681.03 181707 9/30/2004 004094 MATHESON, DEREK 4001 Q5 8/11/2004 CM-2 NIGHTS LODGING REI 286.78 7\ Voucher: 181707 AUG 04 9/2/2004 CM- REIMBURSEMENT FOR ~ 66.75 353.53 - 181708 9/30/2004 001234 MCCARTHY CAUSSEAUX RO 145 8/31/2004 CC-HEARING EXAMINER SEF 542.00 542.00 \' Voucher: 181708 181709 9/30/2004 008425 MCDONALD, PAVO 6/3-9/3 9/10/2004 PRCS-6/3 - 9/3 ART EXHIBIT 200.00 200.00 Voucher: 181709 181710 9/30/2004 004182 MCDONOUGH & SONS INC 136241 9/15/2004 PKMT/PARKING LOT CLEAN I 51.27 51.27 Voucher: 181710 181711 9/30/2004 001675 MCDOUGAL, MARY MCDOUGAL 9/29/2004 MSHR-9/04-WAPELRA CONF 152.84 152.84 Voucher: 181711 181712 9/30/2004 005176 MERINO, BETTY 9/14/04 9/14/2004 MC-INTERPRETER SERVICE 146.25 Voucher: 181712 9/21/04 9/21/2004 MC-INTERPRETER SERVICE 101 .25 247.50 181713 9/30/2004 008433 MINICHIELLO, ANNA 181808 9/7/2004 PKRCS-REFUND-RECREA TI 25.00 25.00 Voucher: 181713 181714 9/30/2004 006388 MOE, AARON FAIR 9/13/2004 PRCS-PURCHASE OF PUYAL 86.00 86.00 Voucher: 181714 181715 9/30/2004 003892 MONTGOMERY WATER GRO 2004-98 7/31/2004 AG03-58B:7/04 E LAKOTA CK 12,805.56 Voucher: 181715 2004-97 7/31/2004 AG02-75C:7/04-LAKOTA CK R 8,446.57 21,252.13 181716 9/30/2004 001843 MORRIS PIHA REAL ESTATE ~1127-0CT04 9/20/2004 AG98-212C:10/04-PS BLDG L 3,759.00 Voucher: 181716 3398-0CT04 9/20/2004 AG93-51:1 0/04-KLCC PKNG L 525.71 4,284.71 181717 9/30/2004 005160 MOSELEY, DAVID 3/04-4/04 MILEA 8/27/2004 CM-3/4/04 TO 4/29/04 MILEAG 208.50 208.50 Voucher: 181717 Page: 11 apChkLst Final Check List Page: 12 09/30/2004 11:43:19AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 181718 9/30/2004 000228 MULTI-SERVICE CENTER C2944R591 0 9/21/2004 PKDBC-REFUND RENTAL DE 122.80 122.80 Voucher: 181718 181719 9/30/2004 008415 MUL TICARE HEALTH SYSTE 1 QTR2004 9/16/2004 AG04-161:1QTR04 CDBG AD 1,917.00 Voucher: 181719 2QTR2004 9/16/2004 AG04-161:2QTR2004 CDBG A 1,917.00 3,834.00 181720 9/30/2004 004426 NASRO-NATIONAL ASSOCIA 4530WA 8/12/2004 PS- BASIC SRO COURSE 8/1 425.00 425.00 Voucher: 181720 181721 9/30/2004 008070 NORTHWEST ACQUISITION L04-176 8/13/2004 CM-WORKSTATION INSTA 20,353.67 Voucher: 181721 04-206 8/4/2004 CM-FURNITURE FOR NEW C 4,773.60 04-204 8/24/2004 CM-FURNITURE FOR NEW C 1,887.57 04-205 8/4/2004 CM-FURNITURE FOR NEW C 1,849.60 41274T 7/30/2004 CM-MODULAR FURNITURE F 995.52 04-164 8/4/2004 CM-FURNITURE FOR NEW C 900.86 41276T 7/30/2004 CM-MODULAR FURNITURE F 744.19 31,505.01 r-::. 181722 9/30/2004 004523 NOWDOCS INTERNATIONAL 23625 9/2/2004 MSDP-HP5SIMX MICR TONE 580.00 580.00 ~ Voucher: 181722 -J 181723 9/30/2004 007818 O'DONNELL, KELLI 1/21/04-9/21/04 9/21/2004 CD-1/04-9/04 MILEAGE REIM 349.50 349.50 Voucher: 181723 181724 9/30/2004 007444 ORCA PACIFIC INC 013559 9/7/2004 AG03-154A:SWIMMING POO 331 .85 Voucher: 181724 013624 9/9/2004 AG03-154A:SWIMMING POO 167.02 013393 9/1/2004 AG03-154A:SWIMMING POO 87.26 586.13 181725 9/30/2004 005312 ORT A, SCOTT SRT REIMB 9/22/2004 PS-SRT UNIFORM REIMB 94.09 94.09 Voucher: 181725 181726 9/30/2004 000705 OSBORNE INNOVATIVE PRO 0009515-IN 9/10/2004 PKM-TURFACE 373.76 373.76 Voucher: 181726 181727 9/30/2004 002545 PACIFIC AIR CONTROL INC 95360 9/15/2004 AG01-08B:10-12/04 KFT HVA 770.61 770.61 Voucher: 181727 181728 9/30/2004 000112 PACIFIC COAST FORD INC FOCS 108844 9/14/2004 MSFL T-REPAIR TRUNK LAT 281 .57 Voucher: 181728 FOCS108385 8/30/2004 PS-HORN & DEFROST REPA 178.21 272925-1 6/10/2004 PS-BRKT FRT LlC PLATE VEl- 30.65 490.43 181729 9/30/2004 006440 PAPE MACINERY INC 2108197 9/15/2004 MSFL T -REPAIR HOSE /MAI 1,047.09 Voucher: 181729 314392 9/10/2004 MSFL T -BULK HOSE & FITTI 59.62 1,106.71 181730 9/30/2004 006440 PAPE MACINERY INC 5134107 9/8/2004 PKM-US BLADE/lNV#5138557 512.01 Voucher: 181730 5138557 9/3/2004 PKM-US BLADE/INV#5138557 119.57 5144668 9/13/2004 PKM-US BLADE/INV#5138557 59.83 691.41 Page: 12 Final Check List CITY OF FEDERAL WAY apChkLst 09/30/2004 11:43:19AM Bank: key us bank Check # Date Vendor Page: 13 (Continued) Invoice 181731 9/30/2004 000920 PAPER DIRECT INC Voucher: 181731 181732 9/30/2004 000368 PERKINS COlE LLP Voucher: 181732 181733 9/30/2004 008222 PERTEET ENGINEERING INC 24006-003 Voucher: 181733 24020-004 24006-002 KLCC 9/23/04 Inv Date Description Amount Paid 149.90 3411540701014 8/18/2004 PKDBC-PAPERBROCHURES SO026926 181734 9/30/2004 001166 PETTYCASH-KLAHANEE Voucher: 181734 181735 9/30/2004 006241 PETTY CASH-POLICE DEPT PS 9/15/04 Voucher: 181735 181736 9/30/2004 007238 PETTY CASH: JURY FEES SEP 04 #3 Voucher: 181736 181737 9/30/2004 001411 POSTAL EXPRESS INC ~ Voucher: 181737 (5:)' 181738 9/30/2004 005583 PRAXAIR DISTRIBUTION INC 486003 Voucher: 181738 382967 181739 9/30/2004 008107 PRINT SOLUTIONS & CONSUL6570 Voucher: 181739 181740 9/30/2004 006079 PUBLIC SAFETY CENTER, IN 55204 IN Voucher: 181740 55204-1 IN 181741 9/30/2004 000120 PUGET SOUND CLEAR AIR A 02-2-10333-2-K Voucher: 181741 BM2408003 9/10/2004 LAW-AMYJO 9/23/04 CLE; UN 80.00 9/10/2004 PWEXP:COMM CTR REVIEW 3,955.00 9/3/2004 AG04-55:WESTWAY ST LGH 2,938.21 8/3/2004 PWEXP:COMM CTR REVIEW 1,394.91 9/23/2004 PRCS - DECORATION BOUG 226.11 9/15/2004 PS-MILEAGE REIMB:TRAINI 80.99 9/29/2004 MSF-9/04-REIM WITNESS/JUF 381.31 8/31/2004 CITY MAIL PROCESSING/COl 5,727.70 9/9/2004 PKM-WELDING SUPPLIES 20.11 8/26/2004 SWM-REPAIR/MAINTENANC 13.46 9/13/2004 PRCS-BLANK & WINDOW EN 211.07 8/17/2004 PS-SUPPLIES 720.43 8/17/2004 PS-SUPPLIES 16.95 9/27/2004 SWM-AG04-133: DEMOLITIO 200.00 Check Total 149.90 80.00 8,288.12 226.11 80.99 381.31 5,727.70 33.57 211.07 737.38 200.00 Page: 13 apChkLst Final Check List Page: 14 09/30/2004 11:43:19AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 181743 9/30/2004 000051 PUGET SOUND ENERGY INC 803-299-9735 8/26/2004 NCHB-8TH AVE 8-6/26/04- 17,802.81 Voucher: 181743 803-299-9735 9/16/2004 NCHB-8TH AVE 8-8/17-9/1 12,412.28 376-488-6325 9/16/2004 P8-7/16-7/31/04 ELECTRIC IT 1,101.81 128-255-2015 9/17/2004 PWTR-ELECTRICITY CHARG 569.33 250-275-5917 9/15/2004 PWTR-ELECTRICITY CHARG 517.87 669-650-2001 9/15/2004 PWTR-ELECTRICITY CHARG 299.74 128-255-3948 9/16/2004 PWTR-ELECTRICITY CHARG 275.63 483-657-3297 9/17/2004 PWTR-ELECTRICITY CHARG 244.51 487 -650-2008 9/15/2004 PWTR-ELECTRICITY CHARG 239.13 904-388-1003 9/15/2004 PWTR-ELECTRICITY CHARG 207.09 330-694-9979 9/15/2004 PWTR-ELECTRICITY CHARG 206.95 141-467-1006 9/15/2004 PWTR-ELECTRICITY CHARG 175.97 f\: 604-130-2008 9/15/2004 PWTR-ELECTRICITY CHARG 175.31 - 004-919-1000 9/16/2004 PWTR-ELECTRICITY CHARG 170.15 ~ 525-940-2005 9/14/2004 PWTR-ELECTRICITY CHARG 157.58 458-148-1001 9/15/2004 PWTR-ELECTRICITY CHARG 156.41 006-877 -3456 9/16/2004 PWTR-ELECTRICITY CHARG 150.56 017 -470-1375 9/15/2004 PWTR-ELECTRICITY CHARG 133.55 733-829-1003 9/14/2004 PWTR-ELECTRICITY CHARG 122.55 225-650-2002 9/16/2004 PWTR-ELECTRICITY CHARG 122.55 733-930-2007 9/14/2004 PWTR-ELECTRICITY CHARG 122.40 128-255-9812 9/17/2004 PWTR-ELECTR/CITY CHARG 122.40 100-093-8728 9/16/2004 PWTR-ELECTRICITY CHARG 118.85 497-198-1008 9/15/2004 PWTR-ELECTRICITY CHARG 118.78 993-440-2000 9/17/2004 PWTR-ELECTRICITY CHARG 116.10 925-940-2007 9/14/2004 PWTR-ELECTRICITY CHARG 102.70 250-275-0389 9/16/2004 PWTR-ELECTRICITY CHARG 95.68 017 -4 70- 7554 9/14/2004 PWTR-ELECTRICITY CHARG 94.01 183-469-1006 9/16/2004 PWTR-ELECTRICITY CHARG 87.64 190-977 -0008 9/17/2004 PWTR-ELECTRICITY CHARG 86.20 373-087 -1005 9/15/2004 PWTR-ELECTRICITY CHARG 76.79 753-129-1008 9/17/2004 PWTR-ELECTRICITY CHARG 73.87 233-930-2008 9/14/2004 PWTR-ELECTRICITY CHARG 68.82 736-169-1004 9/17/2004 PWTR-ELECTRICITY CHARG 58.69 873-272-3351 9/16/2004 PWTR-ELECTRICITY CHARG 55.07 Page: 14 apChkLst Final Check List Page: 15 09/30/2004 11 :43:19AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 504-368-1005 9/15/2004 PWTR-ELECTRICITY CHARG 53.99 177-437-1007 9/16/2004 PWTR-ELECTRICITY CHARG 53.64 720-429-1004 9/16/2004 PWTR-ELECTRICITY CHARG 51.45 755-430-2005 9/14/2004 PWTR-ELECTRICITY CHARG 47.47 886-203-1005 9/14/2004 PWTR-ELECTRICITY CHARG 47.19 917 -259-1001 9/16/2004 PWTR-ELECTRICITY CHARG 40.96 252-150-2001 9/16/2004 PWTR-ELECTRICITY CHARG 39.14 447 -269-3177 9/15/2004 PWTR-ELECTRICITY CHARG 35.67 359-540-2003 9/15/2004 PWTR-ELECTRICITY CHARG 32.63 156-140-8749 9/14/2004 PKM-ELECTRICITY CHARGE 32.13 357-656-6131 9/16/2004 PWTR-ELECTRICITY CHARG 17.10 250-275-4910 9/17/2004 PWTR-ELECTRICITY CHARG 14.45 017 -4 70-5400 9/16/2004 PWTR-ELECTRICITY CHARG 11.84 319-041-1003 9/14/2004 PKM-ELECTRICITY CHARGE 8.73 f'\ 657 -289-0009 9/16/2004 PWTR-ELECTRICITY CHARG 6.13 ~ 181744 9/30/2004 005977 699-699-1003 9/17/2004 PWTR-ELECTRICITY CHARG 5.84 420-530-2005 9/15/2004 PWTR-ELECTRICITY CHARG 5.56 37,143.70 PURE HEALTH SOLUTIONS I 31283 9/10/2004 PS-BOTTLED WATER SVC 391.68 391.68 Voucher: 181744 181745 9/30/2004 000202 OW EST 206-Z04-0609 4 9/4/2004 MSTEL-9/04 PHONE/DATA S 9,370.51 9,370.51 Voucher: 181745 181746 9/30/2004 008264 R-4 PRINTING INC 90099 7/30/2004 MSHR-LETTERHEAD & ENV 1,750.59 Voucher: 181746 90097 7/30/2004 MSHR-LETTERHEAD & ENV 894.75 90098 7/30/2004 MSHR-LETTERHEAD & ENV 644.64 90146 8/16/2004 MSHR-LETTERHEAD & ENV 422.14 89959 7/30/2004 MSHR-LETTERHEAD & ENV 174.08 3,886.20 181747 9/30/2004 008428 REED ELECTRIC INC 04-103400-00 9/13/2004 CDB-REFUND ELEC PERMIT 347.60 347.60 Voucher: 181747 181 748 9/30/2004 005033 RITTER VEGETATION SERVI 7492 8/18/2004 PWS-VEGETATION CONTRO 272.00 272.00 Voucher: 181748 181 749 9/30/2004 003469 ROAD WARRIORS INC 80104 8/4/2004 PWS-PROFESSIONAL FLAG 400.00 400.00 Voucher: 181749 181750 9/30/2004 008106 SANDERS GENERAL CONST AG04-58 #5 (F 8/27/2004 AG04-58:WEYERHAEUSER & 46,856.66 46,856.66 Voucher: 181750 Page: 15 apChkLst Final Check List Page: 16 09/30/2004 11 :43:19AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 181751 9/30/2004 008439 SEATTLE LAESTADIAN LUTH C2929R5912 9/21/2004 PKDBC-REFUND RENTAL DE 218.31 218.31 Voucher: 181751 181752 9/30/2004 003270 SEBRIS BUSTO PS 38348 9/9/2004 AG04-146:PSA LGL SVCS-MS 143.10 143.10 Voucher: 181752 181753 9/30/2004 000056 SIR SPEEDY PRINTING CENTI32536 9/16/2004 MSC-PRINTING SERVICES 321 .22 Voucher: 181753 32443 9/2/2004 MSC-PRINTING SERVICES 193.63 514.85 181754 9/30/2004 001014 SKCSRA-SOCCER REFEREE JUNE-SEPT 20 9/28/2004 AG02-40:6-9/2004 SOCCER R 1,840.00 1,840.00 Voucher: 181754 181755 9/30/2004 008434 SMITH, DENNIS 181811 9/7/2004 PKRCS-REFUND-RECREA TI 72.00 72.00 Voucher: 181755 181756 9/30/2004 008423 SOUND CONSULTANTS LLC 2003012.00 8/7/2004 NEW CH-HEH-PREPARE PRJ 3,885.35 3,885.35 Voucher: 181756 181757 9/30/2004 007438 SPRINT/ROTHHAMMER INT'L 10605A 8/31/2004 PRCS - KJP - GOGGLES FOR 138.26 138.26 [". Voucher: 181757 N 181758 9/30/2004 005921 STL SEATTLE 58019920 8/19/2004 SWM-WATER QUALITY TES 1,327.50 1 ,327.50 L. Voucher: 181758 181759 9/30/2004 000308 SUBURBAN CITIES ASSOCIA 931 8/27/2004 JUNE SCA MEMBERSHIP MT 165.00 165.00 Voucher: 181759 181760 9/30/2004 003896 SUMMIT LAW GROUP 23070 9/15/2004 LAW-8/04 PSA-TW MS RICHA 120.00 120.00 Voucher: 181760 181761 9/30/2004 005738 SUNBIRDS SHOPPING CENTE100654 8/6/2004 PWS-CLOTHING/FOOTWEA 97.53 97.53 Voucher: 181761 181762 9/30/2004 008438 SUPT OF PUBLIC INSTRUCTI C3009R5911 9/21/2004 PKDBC-REFUND RENTAL DE 150.00 150.00 Voucher: 181762 181763 9/30/2004 005215 TAB NORTHWEST 08-16556 8/31/2004 CM-SHELVING & PANEL INS 1,212.58 1,212.58 Voucher: 181763 181764 9/30/2004 003085 TECHNOLOGY INTEGRATION2213279 9/15/2004 MSDP-HP9500 BLK CARTRID 3,429.38 Voucher: 181764 2213733 9/16/2004 MSDP-HP9500 CLEANING K 41.89 3,471.27 181765 9/30/2004 004837 TEREX UTILITY WEST 65093001 8/31/2004 PWS-EQUIPMENT RENTAL F 184.96 184.96 Voucher: 181765 181766 9/30/2004 008424 THE BLIND LADY 8/17/04 8/17/2004 MC-HUNTER DOUGLAS ROL 473.28 473.28 Voucher: 181766 181767 9/30/2004 005623 THUILLlER, JENNIFER 2004039 9/9/2004 PWSWR-SPECIAL RECYCLI 350.00 350.00 Voucher: 181767 Page: 16 apChkLst Final Check List Page: 17 09/30/2004 11 :43:19AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 181768 9/30/2004 001424 THYSSENKRUPP ELEVATOR 1106048 8/23/2004 CHB/ELEVATOR MAINT SVC 257.87 257.87 Voucher: 181768 181769 9/30/2004 001424 THYSSENKRUPP ELEVATOR 1338195 9/1/2004 AG03-199:9/04 NEW CH ELE 139.68 139.68 Voucher: 181769 181770 9/30/2004 004218 TIMCO INC 115118 8/24/2004 PWS- EQUIPMENT FOR SNO 144.16 144.16 Voucher: 181770 181771 9/30/2004 008074 TRUGREEN LANDCARE LLC 3233792857 8/24/2004 AG04-31 :7/2004 ROW LNDSC 11,847.00 11,847.00 Voucher: 181771 181772 9/30/2004 008074 TRUGREEN LANDCARE LLC 3233819083 8/31/2004 AG04-152:8/04 DBC LANDSCP 2,393.01 2,393.01 Voucher: 181772 181773 9/30/2004 003572 TUCKER, CURTIS TUCKER 9/30/2004 PS-9/04-ADV CRINL INT-TUC~ 122.00 122.00 Voucher: 181773 l' 181774 9/30/2004 005019 UNITED RENTALS NORTHWE43321337-001 9/17/2004 PKM-SKID STEER AUGER RE 104.28 104.28 . Voucher: 181774 ~ 181775 9/30/2004 007357 UNITED REPROGRAPHICS 0058427 -IN 3/8/2004 CM-PRINTING OF ARCHITEC. 683.28 ~ Voucher: 181775 0058279-IN 3/9/2004 CM-PRINTING OF ARCHITEC. 482.80 0058416-IN 3/8/2004 CM-PRINTING OF ARCHITEC. 269.98 0067033-IN 9/7/2004 CM-PRINTING, BINDING OF A 130.32 0042720-IN 8/12/2004 CM-PRINTING, BINDING OF A 46.21 0069478-IN 9/3/2004 CM-PRINTING, BINDING OF A 21.53 66469R-IN 9/1/2004 CM-MYLARS OF ARCHITECT 13.06 0068348-IN 8/12/2004 CM-PRINTING, BINDING OF A 8.16 0068349-IN 8/12/2004 CM-PRINTING, BINDING OF A 8.16 1,663.50 181776 9/30/2004 003563 VALLEY COMMUNICATIONS COO02844 9/10/2004 PS-(JUL Y04)LANGUAGE UN 52.36 52.36 Voucher: 181776 181777 9/30/2004 005704 VERTICAL TRANSPORTATIO DVT05646X904 8/20/2004 AG01-61 :9/04-CH ELEVATOR 167.03 Voucher: 181777 DVT05642X904 9/20/2004 AGOO-171 :9/04-KLCC EL VTR ~ 157.05 324.08 181778 9/30/2004 001 033 WA STATE DEPT OF LlCENS 0027373 9/1/2004 SWM- PAUL BUCICH CERT P 116.00 116.00 Voucher: 181778 181779 9/30/2004 005139 WA STATE DEPT OF RETIRE 440389 9/1/2004 BARNES. JERRY-STATE RTR 376.60 376.60 Voucher: 181779 181780 9/30/2004 000340 WA STATE INFORMATION S 2004070226 8/3/2004 MSDP-SOFTWARE ANNUAL ~ 710.05 710.05 Voucher: 181780 181781 9/30/2004 003825 WA STATE TRANSPORTATIO RE41 JA5057 L 8/10/2004 AG03-200:7/04 1-5 TO CITY C 996.12 Voucher: 181781 RE41 JA5057 L 9/14/2004 AG03-200:8/04 1-5 TO CITY C 420.38 1,416.50 Page: 17 apChkLst Final Check List Page: 18 09/30/2004 11 :43:19AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 181782 9/30/2004 008294 WAGNER DEVELOPMENT I AG04-108 #3 9/16/2004 AG04-108:LAKOTA CRK RES 398,994.32 398,994.32 Voucher: 181782 181783 9/30/2004 006853 WAHl, PRAN 9/15/04 9/15/2004 MC-INTERPRETER SERVICE 100.00 100.00 Voucher: 181783 181784 9/30/2004 007155 WALLS, AARON WALLS 9/29/2004' LAW-10/04-WSAMA CONF-W) 209.54 209.54 Voucher: 181784 181785 9/30/2004 000541 WESTERN EQUIPMENT DIS 377427.2 9/16/2004 PKM-REPAIR SUPPLIES/EQU 510.75 510.75 Voucher: 181785 181786 9/30/2004 007983 WESTERN JOURNEY 30002251 9/1/2004 CM-CITY OF FW ADVERTISEr 3,485.00 3,485.00 Voucher: 181786 181787 9/30/2004 001427 WESTERN POWER & EQUIP Q0984112 9/10/2004 SWM-EQUIPMENT RENTAL; ~ 2,722.96 Voucher: 181787 J79482 9/10/2004 PWS-EQUIPMENT RENTAL; I 8.98 2,731.94 181788 9/30/2004 008435 WILSON, HOWARD 181809 9/7/2004 PKRCS-REFUND-RECREA TI 90.00 90.00 ¡::- Voucher: 181788 '. 181789 9/30/2004 004453 WILSON, MIA H RW &B BASKET 9/15/2004 PRCS-RW &B FESTIVAL BAS 214.00 214.00 ~ Voucher: 181789 ~ 181790 9/30/2004 008436 WOOD, HOLLY 183420 9/20/2004 PKRCS-REFUND-RECREA TI 40.00 40.00 Voucher: 181790 181791 9/30/2004 001206 WSSUA-WA STATE SOFTBA 67 9/2/2004 AG02-77:2004 SOFTBALL UM 4,600.00 4,600.00 Voucher: 181791 181792 9/30/2004 008304 WY'EAST COLOR INC 20040718 9/7/2004 SWM-DUCK POSTERS PRIN 27.20 27.20 Voucher: 181792 181793 9/30/2004 008420 YATES, JAMES JURY REIMB 9/21/2004 MC-JURY REIMB 9/20/04 24.50 24.50 Voucher: 181793 181794 9/30/2004 005545 YSIINCORPORATED 226957 8/26/2004 SWM-WATER QUALITY EQU 485.08 485.08 Voucher: 181794 181795 9/30/2004 000215 ZEP MANUFACTURING COMP63749332 8/17/2004 PWST-TOOLS AND SUPPLI 102.12 102.12 Voucher: 181795 Sub total for us bank: 1,607,847.59 Page: 18 apChkLst 09/30/2004 11 :43:19AM Final Check List CITY OF FEDERAL WAY Page: 19 197 checks in this report. Grand Total All Checks: 1,607,847.59 ~ ~ Page: 19 apChkLst 09/30/2004 11 :43:19AM Final Check List CITY OF FEDERAL WAY Page: 20 Bank code: key Check # Date 181742 9/30/2004 520662 12/16/2003 7"- ~ V"\. Page: 20 apChkLst 10/04/2004 2:34:35PM Final Check List CITY OF FEDERAL WAY Page: 1 Bank: key us bank Check # Date Vendor Invoice 18179609/30/2004007331 MAIL ADVERTISING BUREAU 35557 Voucher: 181796 18179709/30/2004 008418 DEMOLITION AND DISPOSAL FALL RECYCLE 09/30/2004 MIS-RECYCLE DEAD MONITC Voucher: 181797 181798 10/04/2004 000109 ACTIVE SECURITY CONTROL 13565 Voucher: 181798 181799 10/04/2004 000475 ALARM CENTERS/CUSTOM S 349792 Voucher: 181799 181800 10/04/2004005287 AMERICALL COMMUNICATIO 06416 Voucher: 181800 06416 1\' 181801 10/04/2004 003427 AMERICAN LOCKER SECURI 447929 ('J Voucher: 181801 'Ç' 181802 10/04/2004001522 AMERICAN RED CROSS Voucher: 181802 181803 10/04/2004 003129 AMS LASER SUPPLY Voucher: 181803 8/14/04 12791A 12791B 12660A 181804 10/04/2004 005715 ARCH WIRELESS HOLDINGS N61638381 Voucher: 181804 181805 10/04/2004007158 ARCHIVES NORTHWEST LLC 0040 Voucher: 181805 181806 10/04/2004 001233 AT&T BUSINESS SERVICE Voucher: 181806 181807 10/04/2004000075 AT&T WIRELESS SERVICES 1'20405718 Voucher: 181807 181808 10/04/2004000075 AT&T WIRELESS SERVICES I 26837633 Voucher: 181808 181809 10/04/2004000007 BOISE OFFICE SOLUTIONS AUG2004 Voucher: .'.181809 181810 10/04/2004008387 BORDENET, JOHN Voucher: 181810 181811 10/04/2004003093 CASCADE COMPUTER MAIN 9090802 Voucher: 181811 Inv Date Description 09/23/2004 CM-POSTAGE FALL NEWSLE 09/08/2004 PKRCS-LOCKSMITH SVCS 08/20/2004 PKCHB-9/04 ALRM MNTR SV 09/21/2004 SWM-AFTER HR CALL-OUT S 08/21/2004 SWM-AFTER HR CALL-OUT S 08/25/2004 KJP-KEY NUMBERING BLOC~ 09/03/2004 PRCS-BABYSITTER TRNG C 09/03/2004 MSDP-PRINTER TONER- 09/09/2004 MSDP-PRINTER TONER- 08/31/2004 MS/PS-PRINTER TONER- 09/02/2004 MSTEL-PAGER LEASE 9/3/ 08/31/2004 MC-8/04 STORAGE FEE 0565801124001 09/06/2004 MSTEL-LONG DISTANCE SV 10/19-20/04 09/02/2004 MSTEL-CELL AIR TIME- 09/12/2004 MSTEL-CELL AIR TIME- 08/31/2004 AUG2004-BOISE OFFICE SU 08/17/2004 PS-D MORSE 10 & PRVT FRA 09/09/2004 MSDP-PRINTER MAINT Amount Paid 5,200.00 150.00 63.72 103.00 144.65 108.95 68.22 360.00 269.28 244.80 163.20 512.26 100.97 19.83 122.49 23.14 972.76 25.00 685.44 Check Total 5,200.00 150.00 63.72 103.00 253.60 68.22 360.00 677.28 512.26 100.97 19.83 122.49 23.14 972.76 25.00 685.44 Page: 1 apChkLst 10/04/2004 2:34:35PM Final Check List CITY OF FEDERAL WAY Page: 2 Bank: key us bank (Continued) Check # Date Vendor 181812 10/04/2004 003002 CHOICES NORTHWEST INC Vouche~ 181812 181813 10/04/2004 005817 CITY OF FIFE Voucher: 181813 181814 10/04/2004 003551 CITY OF KENT Voucher: 181814 18181510/04/2004003752 COASTWIDE SUPPLY DBA Voucher: 181815 181816 10/04/2004 000721 CORLISS RESOURCES INC Vouche~ 181816 Invoice 41274T 41276T 0001124 RI2003 T1408672-1 T1409386 29672 27523 29795 29330 128804 128805 9564943-15 9479439-1 5 0172281 ~ 18181710/04/2004003472 DAY WIRELESS SYSTEMS I '.} Voucher: 181817 -J 181818 10/04/2004 000939 DS WATERS OF AMERICA, L Voucher: 181818 181819 10/04/2004000328 ERNIE'S FUEL STOPS (DBA) Voucher: 181819 181820 10/04/2004 000217 FEDERAL EXPRESS CORPOR7-622-48048 Voucher: 181820 7-623-04145 181821 10/04/2004 000285 FEDERAL WAY FIRE DEPART JUL 04 Voucher: 181821 04-0335 181822 10/04/2004 004270 FEDERAL WAY MIRROR 005760 Voucher: 181822 005753 005741 005752 005748 005774 181823 10/04/2004 001593 FEDERAL WAY TOWING INC 22755B Voucher: 181823 181824 10/04/2004 005213 FIFE PRINTING Voucher: 181824 181825 10/04/2004 002870 FREEWAY TRAILER SALES I 034975 Voucher: 181825 034976 16322 Inv Date Description Amount Paid 995.00 744.19 26,882.70 7,175.87 90.09 28.07 239.52 101.05 72.05 57.89 571.21 571.21 54.06 3.26 6,728.32 24.51 12.59 212.00 180.00 146.08 132.80 123.12 123.12 119.52 86.32 134.91 379.92 34.69 8.11 Check Total 1,739.19 26,882.70 7,175.87 118.16 470.51 1,142.42 57.32 6,728.32 37.10 392.00 730.96 134.91 379.92 42.80 07/30/2004 CM-MODULAR FURN FOR N 07/30/2004 CM-MODULAR FURN FOR N 08/19/2004 PS-7/04 JAIL SVCS AGO1-72 09/08/2004 PS-AUG FLEET SVC 09/16/2004 PKDBC-HOUSEHOLD SUPPL 09/16/2004 PKDBC-HOUSEHOLD SUPPL 09/14/2004 SWM-CRUSHED ROCK 08/26/2004 SWM-CRUSHED ROCK 09/15/2004 PWS-5/8 CRUSHED ROCK 09/10/2004 PWS-5/8 CRUSHED ROCK 09/15/2004 PS-INSTALL XTL500 & SETCe 09/15/2004 PS-INSTALL XTL500 & SETCe 08/12/2004 KJP-WTR CLR RNTL ACCT#4 07/31/2004 PKM-WTR/CLR RNTL ACCT# 09/15/2004 PS:9/1-9/15 FUEL FOR VEHfCI 09/10/2004 MS/PS-DELIVERY SERVICES 09/17/2004 PS-DELIVERY SERVICE 09/16/2004 KJP-FIRE CODE PERMIT 09/30/2004 NCHB-P2.2 PLACES OF ASS 09/04/2004 CDPL-9/04/04 LEGALS- 09/01/2004 CDPL-9/1/04 LEGALS- 08/25/2004 CDPL-8/25/04 LEGALS- 09/01/2004 CDPL-9/1/04 LEGALS- 08/28/2004 CDPL-8/28/04 LEGALS- 09/15/2004 CDPL-9/15/04 LEGALS- '09/14/2004 PS-TOWING SERVICES 09/09/2004 MC-PRINTING SERVICES 09/13/2004 MSFL T-RND PIN STYLE TRL 09/13/2004 MSFL T-VEHICLE REPAIRS/S Page: 2 apChkLst 10/04/2004 2:34:35PM Final Check List CITY OF FEDERAL WAY Page: 3 Bank: key us bank (Continued) Check # Date Vendor 181826 10/04/2004002547 GRAINGER INC Voucher: 181826 181827 10/04/2004000671 H D FOWLER COMPANY Voucher: 181827 181828 10/04/2004 005625 I/O SOLUTIONS LLC Voucher: 181828 181829 10/04/2004001431 ICON MATERIALS INC Voucher: 181829 Invoice 755-205534-0 1542907 C12687A 454893 457914 454090 458710 11536 F 181830 10/04/2004 005656 JIM'S DETAIL SHOP Voucher: 181830 " 181831 10/04/2004004659 KAYE-SMITH BUSINESS GRA 506026 '-.}' Voucher: 181831 \::c 181832 10/04/2004000125 KING COUNTY FINANCE DIV 1313859 Voucher: 181832 181833 10/04/2004003898 KING COUNTY RADIO Voucher: 181833 00400172 42809 39913 43291 36730 181834 10/04/2004 000201 KINKO'S INC, ACCOUNT #020515100073532 Voucher: 181834 515100073625 181835 10/04/2004001456 KUSTOM SIGNALS INC 208613 Voucher: 181835 181836 10/04/2004 001793 MICROFLEX INC Voucher: 181836 181837 10/04/2004 005004 MORRIS HANSEN ENTERPRI 13058 Voucher: 181837 181838 10/04/2004 001052 NAPA AUTO PARTS Voucher: 181838 181839 10/04/2004000089 NEWS TRIBUNE Voucher: 181839 00015163 779029 778856 500615 Inv Date Description 09/15/2004 PKNCH-FACILITY MAINT SU 09/14/2004 PKM-GD REPAIR/MAINT SUP 08/16/2004 MSHR-RECRUIT POLICE TE 09/08/2004 PWS-STREET REPAIR MTN - 09/14/2004 PWS-STREET REPAIR MTN - 09/07/2004 PWS-STREET REPAIR MTN - 09/15/2004 PWS-STREET REPAIR MTN - 08/05/2004 PS-DETAIL SVCS #505 09/14/2004 MC-PRINTING FORMS 09/07/2004 PWST-8/04-ALGONA TS-SOL 08/31/2004 MSTEL-RADIO SERVICES - 06/25/2004 MSTEL-RADIO SERVICES - 07/27/2004 MSTEL-RADIO SERVICES- 08/17/2004 MSTEL-RADIO SERVICES - 06/22/2004 MSTEL-RADIO SERVICES - 09/10/2004 PS-PRINTING SERVICES 09/21/2004 PS-PRINTING SERVICES 09/10/2004 PS-PROLASER III REPAIR 09/03/2004 MSA-TAX AUDIT PROGRAM- 08/20/2004 PKCHB-WINDOW CLEANING 09/16/2004 PWST-REPAIR & MAl NT SU 09/15/2004 MSFL T-REPAIR SUPPLIES 09/05/2004 MSA-10/04-10/05 NWSP SUB Amount Paid 39.38 314.14 645.00 628.41 606.64 211.52 126.50 21.00 552.59 26.68 4,809.30 592.89 135.38 91.67 45.38 262.21 112.12 199.94 151.23 1,090.00 45.20 7.59 138.00 Check Total 39.38 314.14 645.00 1,573.07 21.00 552.59 26.68 5,674.62 374.33 199.94 151.23 1,090.00 52.79 138.00 Page: 3 apChkLst 10/04/2004 2:34:35PM Final Check List CITY OF FEDERAL WAY . Page: 4 Bank: key us bank (Continued) Check # Date Vendor Invoice 181840 10/04/2004008070 NORTHWEST ACQUISITION L04-176 Voucher: 181840 04-206 04-204 04-205 04-164 41276T 181841 10/04/2004000504 ORIENTAL GARDEN CENTER 18792 Voucher: 181841 311998 311839 311841 311498 -- 311499 " 181842 10/04/2004005583 PRAXAIR DISTRIBUTION INC 287846 ~ Voucher: 181842 ~ 181843 10/04/2004007837 QUARTERMASTER Voucher: 181843 181844 10/04/2004006860 QUIGG BROS INC Voucher: 181844 181845 10/04/2004 000202 QWEST Voucher: 181845 181846 10/04/2004005922 QWEST DEX Voucher: 181846 181847 10/04/2004005940 RUDDELL INTERNATIONAL 40022 Voucher: 181847 181848 10/04/2004000351 SEATTLE TIMES-SUBSCRIPT 50680432 Voucher: 181848 181849 10/04/2004003340 SMITH PHD, DAVID H Voucher: 181849 Inv Date Description 08/13/2004 CM-WORKSTATION INSTA 08/04/2004 CM-FURNITURE FOR NEW C 08/24/2004 CM-FURNITURE FOR NEW C 08/04/2004 CM-FURNITURE FOR NEW C 08/04/2004 CM-FURNITURE FOR NEW C 07/30/2004 CM-MODULAR FURNITURE F 09/01/2004 PKM-AIR FILTER REPAIR 09/15/2004 PWST-WEED EATER LINE R 09/09/2004 PWST-FUEL CAPS FOR PLA 09/09/2004 PWST-PRESSURE WASHER: 08/26/2004 PKM-STIHL CHOKE CONTRO 08/26/2004 PKM-REPAIR/MAINT SUPPLI 08/20/2004 PKMT-WELDING SUPPLIES P594423201017 09/17/2004 PS-EXPLORE TRANSFERS 209035 08/31/2004 PWST-INBOUND-CONCRETE 253-815-992435 09/04/2004 MSTEL-(DATE) PHONE/DATA 2538159920112 09/04/2004 MSTEL-9/4/04-10/4/04 PHONE 022260951000 09/18/2004 PKDBC-DIRECTORY AD 673 08/27/2004 PS-EQUIPMENT/SUPPLIES 09/20/2004 PS-1 0/12/04-1/1 0/05 SEATTL 09/02/2004 PS-MIKE REDLING PRE-EMPL Amount Paid 20,353.67 . 4,773.60 1,887.57 1,849.60 900.86 744.19 60.41 11.71 10.73 5.23 2.76 -0.01 8.93 105.46 547.14 64.28 52.35 59.90 264.88 40.95 375.00 Check Total 30,509.49 90.83 8.93 105.46 547.14 116.63 59.90 264.88 40.95 375.00 Page: 4 apChkLst 10/04/2004 2:34:35PM Final Check List CITY OF FEDERAL WAY Page: 5 Bank: key us bank (Continued) Invoice 13871 14143 14025 14122 13984 13905 14043 13730 13651 14005 13963 13964 14119 14078 14058 14069 13990 13988 14046 14153 14103 14100 14101 14048 13654 13806 13793 181851 10/04/2004001618 SPEEDY AUTO & WINDOW G 9172-0057526 Vouche~ 181851 181852 10/04/2004 003307 STERICYCLE INC Voucher: 181852 181853 10/04/2004 005891 SUDDEN IMAGE INC Voucher: 181853 181854 10/04/2004 006414 SUMNER VETERINARY HOS 286349 Voucher: 181854 Check # Date Vendor 181850 10/04/2004001885 SPARKS CAR CARE Voucher: 181850 1': ~ 0002930644 3130 Inv Date DescriDtion 08/11/2004 PS-AUTO REPAIRlSVC 09/22/2004 PS-AUTO REPAIRS 09/01/2004 PS-AUTO REPAIRS 09/17/2004 PS-AUTO REPAIRS 08/26/2004 PS-AUTO REPAIRS 08/16/2004 PS-AUTO REPAIRlSVC 09/08/2004 MSFL T-AUTO REPAIRlSVC 07/19/2004 PS-AUTO REPAIRlSVC 07/08/2004 PS-AUTO REPAIRlSVC 09/09/2004 PS-AUTO REPAIRS 08/24/2004 PS-AUTO REPAIRlSVC 08/27/2004 PS-AUTO REPAIRlSVC 09/16/2004 PS-AUTO REPAIRS 09/10/2004 MSFL T-AUTO REPAIRlSVC 09/07/2004 PS-AUTO REPAIRlSVC 09/08/2004 PS-AUTO REPAIRS 08/26/2004 PS-AUTO REPAIRlSVC 08/26/2004 PS-AUTO REPAIRS 09/03/2004 PS-AUTO REPAIRS 09/22/2004 PS-AUTO REPAIRS 09/14/2004 PS-AUTO REPAIRlSVC 09/14/2004 MSFL T-AUTO REPAIRlSVC 09/14/2004 MSFL T-AUTO REPAIRlSVC 09/03/2004 PS-AUTO REPAIRS 07/07/2004 PS-AUTO REPAIRlSVC 07/29/2004 PS-AUTO REPAIRlSVC 07/28/2004 PS-AUTO REPAIRlSVC 09/21/2004 PS-#636 WINDSHIELD REPAI 08/31/2004 PS-8/04 WASTE DISPOSAL F 09/08/2004 PS-PHOTO SERVICES 09/07/2004 PS-DEX K9 VETERINARY SV Amount Paid 536.17 532.77 394.68 303.91 162.97 136.28 133.64 117.07 108.80 103.36 98.70 87.04 77.66 74.83 65.28 48.96 47.21 27.20 27.20 27.20 27.20 27.20 27.20 24.33 21.76 16.32 16.32 32.64 10.96 542.44 187.00 Check Total 3,271.26 32.64 10.96 542.44 187.00 Page: 5 apChkLst 10/04/2004 2:34:35PM Final Check List CITY OF FEDERAL WAY Page: 6 Bank: key us bank (Continued) Check # Vendor Invoice Date 181855 10/04/2004 006033 THE FAB SHOP LLC Voucher: 181855 181856 10/04/2004007758 THE SUPPLY SOURCE LLC Voucher: 181856 Z-2467 8041001 8041016B 8041035 181857 10/04/2004001424 THYSSENKRUPP ELEVATOR 1308985 Voucher: 181857 181858 10/04/2004004218 TIMCO INC Voucher: 181858 181859 10/04/2004001267 TOP FOODS HAGGEN INC 348662 Voucher: 181859 181860 10/04/2004003204 TRUCKERS SUPPLY INC Voucher: 181860 ~ 181861 10/04/2004008074 TRUGREEN LANDCARE LLC 3233819085 , . Voucher: 181861 3233819084 ~ 181862 10/04/2004002426 UNITED GROCERS CASH & C 13594 Voucher: 181862 181863 10/04/2004003837 UNITED PARCEL SERVICE 000F6588V364 Voucher: 181863 000F6588V384 181864 10/04/2004005019 UNITED RENTALS NORTHWE43266485-001 Voucher: 181864 181865 10/04/2004005019 UNITED RENTALS NORTHWE43123721-001 Voucher: 181865 43124113-001 43124084-001 1887855620 115949 996014 181866 10/04/2004001124 VERIZON WIRELESS Voucher: 181866 181867 10/04/2004 006278 VISUAL EFFECTS Voucher: 181867 181868 10/04/2004000094 WA STATE AUDITOR'S OFF! L50604 Voucher: 181868 181869 10/04/2004000340 WA STATE INFORMATION S 2004080206 Voucher: 181869 181870 10/04/2004002275 WA STATE LABOR & INDUST 137072 Voucher: 181870 137852 13566 Inv Date Description Amount Paid 282.88 119.14 71.48 55.87 139.68 42.93 52.07 23.24 764.86 280.70 50.57 386.81 17.08 229.36 155.98 43.52 10.88 79.01 288.32 2,729.10 1,108.90 . 207.00 47.80 Check Total 282.88 246.49 139.68 42.93 52.07 23.24 1,045.56 50.57 403.89 229.36 210.38 79.01 288.32 2,729.10 1,108.90 254.80 09/09/2004 NCHB-LlNE-X HAND RAILS 08/17/2004 PS-HOUSEHOULD ITEMS 08/19/2004 PS-HOUSEHOULD ITEMS 08/25/2004 PS-HOUSEHOULD ITEMS 08/01/2004 AG03-199:8/04 NEW CH ELE 09/10/2004 MSFL T -PLASTIC WRAP REP 09/09/2004 PKRCS-PROGRAM SUPPLIE 09/16/2004 MSFL T-GVW STICKERS REP 08/31/2004 PKM-NCHB:PESTICIDE SVCS 08/31/2004 PKM-HERITAGE WOODS PR 09/16/2004 PKRCS-JANITORIAL SUPPLI 09/04/2004 PS-DELIVERY SERVICE 09/18/2004 PS-DELIVERY SERVICE 09/16/2004 NEW CH-EQUIPMENT RENT 09/09/2004 SWM-EQUIPMENT RENTAL 09/09/2004 PWS-REPAIR/MAINT SUPPL 09/09/2004 SWM-CIP/EQPMT RENTALIS 09/06/2004 MSTEL-8/04 CELL AIR TIME 09/16/2004 PS- WINDOW TINTING 09/16/2004 MSF-8/04 STATE AUDITOR S 09/02/2004 MSTEL-SCAN SERVICE 08/12/2004 KJP-FACILITIES BOILER INSP 09/10/2004 PKMT-FACILITIES BOILER I Page: 6 . apChkLst 10/04/2004 2:34:35PM Final Check List CITY OF FEDERAL WAY Page: 7 Bank: key us bank (Continued) Check # Date Vendor 181871 10/04/2004000851 WA STATE PATROL Voucher: 181871 181872 10/04/2004004628 WA STATE PATROL IDENTI Voucher: 181872 181873 10/04/2004005565 WELCOME COMMUNICATIO Voucher: 181873 181874 10/04/2004003500 WESCOM COMMUNICATIO Voucher: 181874 Invoice 104012691 104012958 104013525 3834 15155 15140 15141 15142 807302029 181875 10/04/2004000173 WEST PAYMENT CENTER Voucher: 181875 r:: 181876 10/04/2004001427 WESTERN POWER & EQUIP J79367 ~ Voucher: 181876 r 181877 10/04/2004005680 WILD WEST INTERNATIONAL 3502 Voucher: 181877 181878 10/04/2004000660 WOODWORTH & COMPANY 1168232 Voucher: 181878 168958 168808 181879 10/04/2004004777 WVCIA-WA VIOLENT CRIMES 2004-006 Voucher: 181879 Inv Date Description 08/06/2004 MSHR-7/04 BCKGRND CHEC 08/06/2004 PS-JUL Y04-FINGERPRINTS 09/09/2004 PS-AUG04-FINGERPRINTS 09/07/2004 MSDP - NEXTEL CELLPHON 09/08/2004 PS-DPDT SWITCH 07/09/2004 PS-CALIBRATE RADAR SYST 07/09/2004 PS-CALIBRATE RADAR SYST 07/09/2004 PS-CALIBRATE RADAR SYST 08/31/2004 MSDP-DATABASE ACCESS S 09/10/2004 MSFL T-REPAIR SUPPLIES 08/31/2004 PS-FIRING RANGE FEE SVC 08/25/2004 NCHB-GENERAL CONTRACT 09/13/2004 SWM-GENERAL CONTRACT 09/07/2004 SWM-GENERAL CONTRACT 09/17/2004 PS-T ROBINSON, M BERTUC< Amount Paid 10.00 312.00 312.00 91.69 174.08 97.92 97.92 97.92 1,193.87 255.66 114.24 59.54 50.14 40.73 600.00 Sub total for us bank: Check Total 10.00 624.00 91.69 467.84 1,193.87 255.66 114.24 150.41 600.00 113,081 .06 Page: 7 apChkLst 10/04/2004 2:34:35PM Final Check List CITY OF FEDERAL WAY Page: 8 84 checks in this report. Grand Total All Checks: 113,081.06 T' ~ \vJ Page: 8 apChkLst 10/04/2004 2:34:35PM Final Check List CITY OF FEDERAL WAY Page: 9 Bank code: key (none) T" '-.Ñ -C Page: 9 Final Check List CITY OF FEDERAL WAY apChkLst 10/15/2004 11:52:07AM Bank; key us bank Check # Date Vendor Page: 1 Invoice 181880 10/4/2004 000774 IAAP-INTERNATIONAL ASSOCIAAP-T FIX Voucher: 181880 181881 10/11/2004004809 BRIGGS, PATRICK Voucher: 181881 181882 10/13/2004000302 KING COUNTY RECORDS,ELE02-57038 Voucher: 181882 181883 10/15/2004000332 ABC LEGAL MESSENGERS I 0087811-1 Voucher: 181883 181884 10/15/2004005113 ADMINISTRATOR OFFICE OF TRACY Voucher: 181884 18188510/15/2004000568 AGRI SHOP INC 211419 ~ Voucher: 181885 210402 ~ 18188610/15/2004000475 ALARM CENTERS/CUSTOM S354071 \J\ Voucher: 181886 354070 354135 354069 181887 10/15/2004002562 ALL BATERY SALES & SERVIC968735 Voucher: 181887 181888 10/15/2004008459 ALLINGTON, LAURIE Voucher: 181888 181889 10/15/2004008324 AMATEUR ELCTRONIC SUPP 1698389-01 Voucher: 181889 181890 10/15/2004005287 AMERICALL COMMUNICATIO 06417 Voucher: 181890 181891 10/15/2004001194 AMERICAN HOSE & FITTINGS655265-001 Voucher: 181891 655561-001 653926-001 181892 10/15/2004003645 AMERICAN JANITORIAL SVC 3581 Voucher: 181892 3582 181893 10/15/2004001522 AMERICAN RED CROSS 10004638 Voucher: 181893 181894 10/15/2004 002271 AMERICAN SOC CIVIL ENGIN 05 ASCE Voucher: 181894 Inv Date Description 10/4/2004 CD-2004 IAAP SEMINAR-TAM. UW /HS AUCTIO 10/11/2004 CM-04 UW /HS AUCTION CHA 183851 7/21/2004 CD-KC REC FEE 04-102593 9/30/2004 LAW-MONTHLY SRV CHRG; I 10/8/2004 MC-PRES JUDGES CONF-12 9/17/2004 PKM-SHOP/STAFF ESTIMAT 9/9/2004 PKM-EQUIPMENT PARTS/IN 9/20/2004 PKCP-4TH QTR 04 ALRM MN 9/20/2004 PKCP-4TH QTR 04 ALARM M 9/20/2004 PKCHB-(MTH04 )ALRM MNTR 9/20/2004 PKKFT-4TH QTR04 ALRM MN 6/30/2004 MS/NB- UPS BATTERIES - 9/24/2004 PKRCS-REFUND-RECREA TI 9/16/2004 PWAD-EOC SUPPLIES HOM 9/21/2004 PKM-AFTER HR CALL-OUT S 9/14/2004 PKM-3/8"N IPPLE/lNV#655265 9/16/2004 PKM-REPAIR/MAINT SUPPLI 8/31/2004 PKM-HOSE ASSEMBLY 10/5/2004 AG04-09:SEPT/04-DBC JNTR 10/5/2004 AG04-09:SEPT04-KFT JNTRL 9/17/2004 PRCS-FIRST AID/CPR TRAIN 10/1/2004 PW-M SALLOUM 05 MEMB D Amount Paid 175.00 100.00 115.00 101.00 75.00 33.62 6.46 120.00 120.00 103.00 60.00 5,4 73.00 35.00 366.90 71.30 55.01 48.71 35.88 3,503.46 450.00 102.00 245.00 Check Total 175.00 100.00 115.00 101.00 75.00 40.08 403.00 5,473.00 35.00 366.90 71.30 139.60 3,953.46 102.00 245.00 Page: 1 apChkLst 10/15/2004 11:52:07AM Final Check List CITY OF FEDERAL WAY Page: 2 Bank: key us bank (Continued) Check # Date Vendor Invoice 181895 10/15/2004 003129 AMS LASER SUPPLY Voucher: 181895 181896 10/15/2004005501 ANDREWS, AMY Voucher: 181896 181897 10/15/2004006211 AQUATECHNEX, INC. Voucher: 181897 181898 10/15/2004 005715 ARCH WIRELESS HOLDINGS N6163838J Voucher: 181898 181899 10/15/2004 008389 ARCHITECTURAL DIRECTIO 366456 Voucher: 181899 181900 10/15/2004003090 ARTCO CRAFTS Voucher: 181900 ""F\ 181901 10/15/2004001233 AT&T BUSINESS SERVICE 0565801552001 ! \ Voucher: 181901 ~ 181902 10/15/2004000075 AT&T WIRELESS SERVICES I 20405718 ~ Voucher: 181902 181903 10/15/2004 000075 AT&T WIRELESS SERVICES I 0033654119 Voucher: 181903 181904 10/15/2004000575 ATTORNEYS' INFORMATION £65790 Voucher: 181904 181905 10/15/2004005480 AUBURN CONCRETE INC Voucher: 181905 181906 10/15/2004 008388 AUBURN MECHANICAL INC 7570 Voucher: 181906 181907 10/15/2004007098 AVANTA Voucher: 181907 181908 10/15/2004 005587 AVAYA INC Voucher: 181908 181909 10/15/2004004128 BAGNELL INC Voucher: 181909 13329A 13763A 12/23/03 12/30/03 516 3165 1382 C2579R17131 2719297194 7813 7809 7511 181910 10/15/2004001790 BARGREEN ELLINGSON INC 4406254 Voucher: 181910 181911 10/15/2004 007467 BEERY + ELSNER LLP Voucher: 181911 5315 Inv Date Description Amount Paid 9/22/2004 MSDP-PRINTER TONER- 1,272.74 9/29/2004 MS/PS-PRINTER TONER- 893.40 12/23/2003 MC-INTERPERTER SVCS 80.00 12/30/2003 MC-INTERPERTER SVCS 60.00 8/17/2004 AG03-55:8/04 ST LK AQUA TI 1,991.91 10/2/2004 MSTEL-10/3/04-11/04/04 PAG 810.33 10/13/2004 LOCKER ROOM AREAS/FLO 35,219.37 9/14/2004 PKRCS-MISC SUPPLIES-ART 98.34 9/16/2004 MSTEL-LONG DISTANCE SV 24.00 10/2/2004 MSTEL-CELL AIR TIME- 113.37 9/27/2004 PS-CELLULAR PHONES AIR 1 25.49 9/30/2004 LAW-INV#65790 MONTHLY D 25.00 9/29/2004 SWM-CONSTRUCTJON MAT 50.12 9/27/2004 PKM-BACKFLOW TESTING 676.06 9/27/2004 PKDBC-REFUND RENTAL DE 158.02 9/4/2004 MIS-8/31/04-9/29/04 PBX MAl" 547.17 9/24/2004 CDHS COpy CERT MANUAL 1,057.97 9/23/2004 SWM- NEWSLETTER CaPlE 163.74 7/21/2004 CM-PRINT NOTEPADS FRO 46.51 9/30/2004 NCHB-SMOKING RECEPT AC 339.24 9/30/2004 AG03-65B:9/04 PSA-LGL SVC 979.95 Check Total 2,166.14 140.00 1,991.91 810.33 35,219.37 98.34 24.00 113.37 25.49 25.00 50.12 676.06 158.02 547.17 1,268.22 339.24 979.95 Page: 2 apChkLst 10/15/2004 11:52:07AM Bank: key us bank Check # Date Vendor Final Check List CITY OF FEDERAL WAY Page: 3 (Continued) Invoice 181912 10/15/2004 008114 BEST WAY CONCRETE Voucher: 181912 181913 10/15/2004000426 BOB'S MAYTAG HOME APPLI 35358 Voucher: 181913 181914 10/15/2004004315 BRENT'S ALIGNMENT & REP Voucher: 181914 181915 10/15/2004008414 BROWN PAPER TICKETS Voucher: 181915 181916 10/15/2004008263 BUDGET PRINTING Voucher: 181916 181917 10/15/2004 008450 C-N-I LOCATES L TO Voucher: 181917 T'\ j 4584 8227 8197 8196 TICKETS 5651-1 5728-3 1567 Jnv Date Description Amount Paid 9/2/2004 NCHB-CONTROL PADS FOR I 220.32 9/22/2004 PKDBC-WASHER REPAIR 174.06 10/5/2004 MSFL T-LOF/BRAKES/CK FU 615.58 9/29/2004 MSFL T-SHOCK, CV BOOT C 380.85 9/29/2004 MSFL T-FT END ALIGNMENT 56.52 8/31/2004 PKKFT-TICKETS:FALL SHOW 131.00 8/24/2004 MSHR-BUSINESS CARD MAS 808.38 8/24/2004 MSHR-BUSINESS CARD PRI 771 .39 9/16/2004 NCHB-LOCATE STREET LlG 162.50 Check Total 220.32 174.06 1,052.95 131.00 1,579.77 162.50 Page: 3 apChkLst Final Check List Page: 4 10/15/2004 11 :52:07 AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 181918 10/15/2004 000414 CAFE PACIFIC CATERING IN 8960 10/1/2004 PKDBC-CATERING SVC 5,052.40 Voucher: 181918 8937 10/1/2004 PKDBC-CATERING SVC 5.049.00 8936 10/1/2004 PKDBC-CATERING SVC 1,717.92 8933 10/1/2004 PKDBC-CATERING SVC 803.22 8885 9/27/2004 PKDBC-CATERING SVC 781.44 8935 10/1/2004 PKDBC-CATERING SVC 697.68 8931 10/1/2004 PKDBC-CATERING SVC 689.70 8938 10/1/2004 PKDBC-CA TERING SVC 612.00 8940 10/1/2004 PKDBC-CATERING SVC 594.40 8851 9/20/2004 PKDBC-CATERING SVCS DA 569.60 8852 9/20/2004 PKDBC-CA TERING SVC 536.22 T\ 8888 9/27/2004 PKDBC-CATERING SVC 514.35 ~ 8922 9/30/2004 PKDBC-CATERING SVC 466.63 õ: 8819 9/15/2004 PKDBC-CATERING SVC 435.79 8950 10/1/2004 PKDBC-CATERING SVC 406.80 8942 10/1/2004 PKDBC-CATERING SVC 367.20 8932 10/1/2004 PKDBC-CA TERING SVC 352.56 8941 10/1/2004 PKDBC-CATERING SVC 270.30 8886 9/27/2004 PKDBC-CATERING SVC 239.24 8934 10/1/2004 PKDBC-CATERING SVC 170.40 8887 9/27/2004 PKDBC-CA TERING SVC 114.80 8930 10/1/2004 PKDBC-CA TERING SVC 109.98 8939 10/1/2004 PKDBC-CATERING SVC 49.80 8853CR 9/20/2004 PKDBC-CATERING SVCS DA -574.00 20,027.43 181919 10/15/2004 002367 CARLYLE INC 370787-02 9/2/2004 MSDP-NB CAT6 BLUE 15' DR 435.47 Voucher: 181919 369180-01 8/19/2004 MS/DP/NB PATCH CABLES 1 433.84 370787-01 8/27/2004 MSDP-NB CAT6 WHITE 15' D 160.48 1,029.79 181920 10/15/2004 000991 CASCADE COFFEE INC 20393675 10/4/2004 MSM&D-MTG COFFEE SUPP 123.54 123.54 Voucher: 181920 181921 10/15/2004 002351 CASCADE MOBILE MIX GONG 18590 10/4/2004 SWM-REPAIR/MAINT. SUPP 261 .12 Voucher: 181921 18586 10/4/2004 SWM-REPAIR/MAINT. SUPP 206.72 467.84 181922 10/15/2004001481 CH2M HILL NORTHWEST INC 3479455-66 9/13/2004 AG03-152:8/04-PAC HWY SO I 31,514.61 31,514.61 Voucher: 181922 181923 10/15/2004 007443 CITIES INSURANCE ASSO OF 4209 8/26/2004 MSR-DED REIMB-11/20/02 F 5,000.00 5,000.00 Voucher: 181923 Page: 4 apChkLst Final Check List Page: 5 10/15/2004 11 :52:07 AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 181924 10/15/2004 004044 CITY OF AUBURN 04-012693 8/10/2004 PS-JULY 04 PRISONER LODe: 3,542.49 Voucher: 181924 04-012897 9/15/2004 PS-AUG 04 PRISONER LODG 3,205.11 04-012518 7/2/2004 PS-JUNE 04 PRISONER LODC 1,630.67 8,378.27 181925 10/15/2004 000142 CITY OF FED WAY-ADVANCE CK# 2177 9/8/2004 PS-9/04-WVCIA CONF-ROBIN 576.05 Voucher: 181925 CK# 2180 9/8/2004 PS-9/04-IABTI CONF-SCHENK 508.60 CK# 2181 9/13/2004 PS-9/04-WSPCA CONF-CLAR' 394.89 CK#2184 9/22/2004 PS-9/04-FBINAA CONF-NORM 313.44 CK#2183 9/22/2004 PS-9/04-FBINAA CONF-KIRKP 308.44 CK# 2186 10/4/2004 PWS-10/04-RD&ST SEM-FOS. 122.00 2,223.42 181926 10/15/2004 000951 CITY OF FEDERAL WAY AG04-62 #3 9/22/2004 AG04-62A:RET HELD-TOTEM 1,089.65 Voucher: 181926 AG04-26 #7 9/30/2004 AG04-26H:RET-VECA ELECn 933.06 AG04-116 #3 9/30/2004 AG04-116A:RET HELD-OL YMF 850.50 AG04-82 #4 9/30/2004 AG04-82:RET HELD-SKY VAL 130.24 ~ AG04-115 #3 9/14/2004 AG04-115:RET HELD-FLOOR 38.78 3,042.23 ~ 181927 10/15/2004 005817 CITY OF FIFE 0001227 9/27/2004 PS-(MTH04) JAIL SVCS AG01 24,678.62 24,678.62 ~ Voucher: 181927 181928 10/15/2004 007779 CITY OF TUKWILA 04 JAIL ASSEMI 7/14/2004 CM-2004 COST ALLOCATION 5,571.00 5,571.00 Voucher: 181928 181929 10/15/2004 000650 COASTLINE TRACTOR IN95948 9/3/2004 MSFL T-REPAIR/MAINT SVCS 63.65 Voucher: 181929 IN95448 7/30/2004 PW-DUL PYMT INV# IN95448 -11.10 52.55 181930 10/15/2004 003752 COASTWIDE SUPPLY DBA T1408672 9/15/2004 PKDBC-HOUSEHOLD SUPPL 442.14 Voucher: 181930 T1411325 9/21/2004 PNCHB-JANITORIAL SUPPLI 298.97 T1409130 9/16/2004 PNCHB-JANITORIAL SUPPLI 221.12 T1411325-1 9/28/2004 PKCHB-JANITORIAL SUPPLI 127.82 W1415545 9/30/2004 MC-JANITORIAL SUPPLlES- 95.61 T1401129 8/26/2004 PKRCS-JANITORIAL SUPPLI 87.35 T1379652 7/7/2004 PKRCS-JANITORIAL SUPPLI 82.46 T1371755-4 7/7/2004 PKCP-HOUSEHOLD SUPPLI 28.30 CW 1336442 3/23/2004 PKRCS-JANITORIAL SUPPLI -89.63 T1368360 6/9/2004 PKCHB-JANITORIAL SUPPLI -202.29 1,091.85 181931 10/15/2004 008240 COLUMBIA STATE BANK AG04-101#5 9/30/2004 AG04-101D:RET HELD-HILGE 191.58 191.58 Voucher: 181931 181932 10/15/2004 008417 COMCAST 01-53417 9/25/2004 MSF-OVERPAfD ON INV#PW 82.00 82.00 Voucher: 181932 Page: 5 apChkLst 10/15/2004 11 :52:07AM Bank: key us bank Check # Date Vendor Final Check List CITY OF FEDERAL WAY Page: 6 (Continued) 181933 10/15/2004 007591 COMMERCIAL SPACE ONLI Voucher: 181933 181934 10/15/2004008465 CONTRERAS, JUDITH Voucher: 181934 181935 10/15/2004 000721 CORLISS RESOURCES INC Voucher: 181935 Invoice 65804 65886 03-4742 4044 MORGAN 91570969 91570894 91582455 181945 10/15/2004007548 DOXTATER & COMPANY LLC OCT2004 Voucher: 181945 081704 090904 AG03-101 #14 181946 10/15/2004 005842 DPK INC Voucher: 181946 Inv Date Description 9/1/2004 CD-9/04 PRRTY DTB SVCS-W 10/1/2004 CD-10/04 PRRTY DTB SVCS-\¡ 9/27/2004 PS-REFUND TRAFFIC SCHOC 9/27/2004 9/21/2004 9/22/2004 9/23/2004 9/22/2004 8/31/2004 PS-READY MIX SWM-CRUSHED ROCK PWS-5/8 CRUSHED ROCK PWS-5/8 CRUSHED ROCK PWS-5/8 CRUSHED ROCK AUGUST 2004 CORPORATE E 9/16/2004 PKKFT-ANNUAL FIRE SPRIN 6/30/2004 AG04-148:2% PUBLIC ART-CI 9/21/2004 PKPL-NEWSPAPER LEGAL N 9/29/2004 CHB/CABINETS/WOODWOR 10/15/2004 MC-11/4/04 THURSTON CNT 6/30/2004 6/30/2004 8/18/2004 10/1/2004 8/17/2004 10/1/2004 9/15/2004 PS-MOTORCYCLE PARTS PS-MOTORCYCLE PARTS PS-DH ACC PLATFORM BRAC AG04-143:10/04 KOREAN FE AG04-77:6-7/04 REBOK EVEN AG04-77:9/04 REBOK EVENT AG03-101B:PAC HWY HOV L Amount Paid 100.00 100.00 75.00 885.84 523.41 447.80 149.63 60.67 4,726.03 228.48 1,937.31 145.00 358.99 10,120.00 625.60 4,549.41 25.00 3,495.72 3,495.10 361.11 10,000.00 4,000.00 2,000.00 497,329.72 Check Total 200.00 75.00 2,067.35 4,726.03 228.48 2,082.31 358.99 10,120.00 625.60 4,549.41 25.00 7,351.93 16,000.00 497,329.72 31182 30455 30601 30756 30602 181936 10/15/2004 000063 CORPORATE EXPRESS OFF AUG04 Voucher: 181936 A 181937 10/15/2004005131 COSCO FIRE PROTECTION I 21162 ...Ç. Voucher: 181937 d 181938 10/15/2004 004058 COSTCO WHOLESALE MEMB SEPT2004 9/26/2004 COSTCO SEPT04 SUPPLIES Voucher: 181938 0001116507433 10/12/2004 MSF-2004-2005 MBRSHP RN 181939 10/15/2004003536 CREATIVE OFFICE FURNISH 04-74342 8/16/2004 CDHS-WHARTON TASK CHA Voucher: 181939 181940 10/15/2004007760 CULTURAL DVLPMT AUTHOR TASK 2 & 3 Voucher: 181940 181941 10/15/2004 000168 DAILY JOURNAL OF COMMER3159579 Voucher: 181941 181942 10/15/2004 003033 DESIGN PLUS Voucher: 181942 181943 10/15/2004005276 DMCMA TREASURER Voucher: 181943 181944 10/15/2004 008027 DOWNTOWN HARLEY INC Voucher: 181944 Page: 6 apChkLst 10/15/2004 11 :52:07 AM Final Check List CITY OF FEDERAL WAY Page: 7 Bank: key us bank (Continued) Check # Invoice Date Vendor 18194710/15/2004000570 EAGLE TIRE & AUTOMOTIVE 11037045 Voucher: 181947 1036998 1036962 1036951 1037021 1037047 1037048 1037043 1037041 1037040 1036904 2004-2784 181948 10/15/2004007133 ECO-PAN LLC Voucher: 181948 181949 10/15/2004001046 EQUIFAX CREDIT INFORMATI8568618 Voucher: 181949 r;s 181950 10/15/2004000328 ERNIE'S FUEL STOPS (DBA) 0173484 ~. Vouche~ 181950 181951 10/15/2004 002366 ESM CONSULTING ENGINEE 51134 Voucher: 181951 181952 10/15/2004006412 ESP PRINTING Voucher: 181952 18195310/15/2004001131 EVERGREEN AUTO ELECTR 8027 Voucher: 181953 181954 10/15/2004008442 EVERGREEN TRAILS INC Voucher: 181954 181955 10/15/2004 001748 EVERSON'S ECONO-VAC INC 030459 Voucher: 181955 181956 10/15/2004000217 FEDERAL EXPRESS CORPOR7-623-63761 Voucher: 181956 7-668-20653 181957 10/15/2004 000229 FEDERAL WAY CHAMBER CO4017 Voucher: 181957 108737 316670 Inv Date Description Amount Paid 9/28/2004 PS-AUTO REPAIRlSVC/TIRE 666.58 9/25/2004 MSFL T-AUTO REPAIRlSVC/ 649.21 9/24/2004 MSFL T-AUTO REPAIRlSVC/ 642.69 9/23/2004 PS-AUTO REPAIRlSVC/TIRE 283.14 9/27/2004 PS-AUTO REPAIRlSVC/TIRE 283.14 9/28/2004 PS-AUTO REPAIRlSVC/TIRE 283.14 9/28/2004 PS-AUTO REPAIRlSVC/TIRE 283.14 9/28/2004 PS-AUTO REPAIRlSVC/TIRE 34.73 9/28/2004 MSFL T-AUTO REPAIRlSVC/ 23.30 9/28/2004 PS-AUTO REPAIRlSVC/TIRE 18.49 9/21/2004 PS-AUTO REPAIRlSVC/TIRE 14.41 9/24/2004 SWM-CONCRETE RECLAIM 168.64 9/25/2004 PS-CREDIT REPORTS 21.42 9/30/2004 MSFL T-FUEL FOR VEHICLES 3,253.04 9/25/2004 AG04-52A:9/04 HISTORIC CA 684.00 9/17/2004 PWSWR-PRINTING SERVIC 980.29 9/24/2004 MSFL T-REPAIRIMAINT SVCS 126.75 9/15/2004 PS-SRT 54 PAX COACH @ 5. 486.99 8/31/2004 AG03-75:SWM INFRASTRUCl 13,679.16 9/24/2004 PS-DELIVERY SERVICE 15.65 10/4/2004 PS-DELIVERY SERVICE 7.42 9/29/2004 MSHR-ADV LDRS GOVT DAY 1,000.00 Check Total 3,181.97 168.64 21.42 3,253.04 684.00 980.29 126.75 486.99 13,679.16 23.07 1,000.00 Page: 7 apChkLst 10/15/2004 11:52:07AM Final Check List CITY OF FEDERAL WAY Page: 8 Bank: key us bank (Continued) Check # Vendor Invoice Date 005783 005797 005789 005808 005782 005799 005809 181959 10/15/2004004690 FEDERAL WAY NUTRITION S 093004FWPD Voucher: 181959 181960 10/15/2004001893 FEDERAL WAY SCHOOL DIS SIF-SEPT2004 Voucher: 181960 r'\ 181961 10/15/2004007547 FEDERAL WAY SENIOR CEN 3QTR2004 .c.. Voucher: 181961 ,...,) 181962 10/15/2004004910 FILETEX LLC , Voucher: 181962 181963 10/15/2004003802 FINAL TOUCH FINISHING SCI-169 Voucher: 181963 181964 10/15/2004006723 FLATRATEINFO QUICKINFO 1018779 Voucher: 181964 181965 10/15/2004 008270 FLOOR SEAL TECHNOLOGY I AG04-115 #3 Voucher: 181965 181966 10/15/2004001299 FORD GRAPHICS Voucher: 181966 181958 10/15/2004004270 FEDERAL WAY MIRROR Voucher: 181958 04-1482 181967 10/15/2004002870 FREEWAY TRAILER SALES I Voucher: 181967 03-031690 03-030054 03-028199 035344 035278 035357 106162 181968 10/15/2004000738 G I JOE'S FEDERAL WAY Voucher: 181968 181969 10/15/2004004566 G&M HONEST PERFORMANC69740 Voucher: 181969 69564 181970 10/15/2004004385 GAMACHE, JOHN GAMACHE Voucher: 181970 181971 10/15/2004008419 GARY'S PROCESS SERVICE L2004009135 Voucher: 181971 Inv Date Description Amount Paid 9/18/2004 PKRCS-NEWSPAPER ADS - 219.12 9/25/2004 PKPL-9/25/04 NEWSPAPER A 219.12 9/22/2004 CDPL-9/22/04 LEGALS- 185.92 9/29/2004 CDPL-9/29/04 LEGALS- 150.06 9/18/2004 CDPL-9/18/04 LEGALS- 126.16 9/25/2004 CDPL-9/25/04 LEGALS- 99.60 9/29/2004 CM-9/29/04 NEWSPAPER AD 43.82 9/30/2004 PS-SEPT 04 OFFICER LUNCH 315.70 10/14/2004 MSF-(SEPT04) SCHL IMPACT 42,497.00 10/7/2004 AG04-131 :3QTR04-ADUL T D 2,995.00 9/22/2004 CD-COLOR-CODED LABLES 75.46 9/9/2004 PRCS:YOUNG L&G TAUGHT! 120.00 9/13/2004 PS-INSIGHT GVT SINGLE US 2,400.00 9/14/2004 AG04-115:MORT AR FLOOR '^ 805.14 9/29/2004 SWM-PRINTING SERVICES; ~ 281.88 9/23/2004 PKPL-ARMSTRONG PRK BID 155.15 9/15/2004 PKPL- AMRSTRONG PK BID 88.30 9/27/2004 MSFL T-BH82000/PINTLE MO 156.84 9/23/2004 PWST-SLIP HOOK AND SAF 11.65 9/27/2004 MSFL T -BHU82516 HITCH CO 3.64 10/6/2004 PKM-WORK JEANS/BOYD 117.46 10/6/2004 MSFLT-WIPER BLAD/MINI L 70.98 9/30/2004 MSFL T - TRICO II BLADE 20.06 10/15/2004 PRCS-04 ARTS NW CONF-GJI 84.00 7/19/2004 CDB-WILLIE CHO ENTERP S 50.00 Check Total 1,043.80 315.70 42,497.00 2,995.00 75.46 120.00 2,400.00 805.14 525.33 172.13 117.46 91.04 84.00 50.00 Page: 8 apChkLst Final Check List Page: 9 10/15/2004 11 :52:07 AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 181972 10/15/2004 008448 GRACE NIRSCHL ARTWORK ARTIST 10/6/2004 PRCS-ARTIST 150.00 150.00 Voucher: 181972 181973 10/15/2004 700612 GROUSEPOINTE HOMEOWNE8/3/04 10/7/2004 NMF-GROUSEPOINTE ESTA 1,876.99 1,876.99 Voucher: 181973 181974 10/15/2004 008134 GUARDIAN SECURITY AG04-71 #6 9/30/2004 AG04-71D:NEW CH-SECURIT 2,792.50 Voucher: 181974 AG04- 7 4 #6 9/30/2004 AG04-74:NEW CH-CCTV CON 1,909.48 4,701.98 181975 10/15/2004000671 H D FOWLER COMPANY 11549976 9/27/2004 PKM-LAKOTA PARKS REPAI 1,578.21 Voucher: 181975 11548132 9/22/2004 PKM-LAKOTA PARKS REPAI 1,203.95 11548148 9/22/2004 PKM-LAKOTA PARKS REPAI 272.97 3,055.13 181976 10/15/2004 007681 HART, TIFFANY 185102 10/7/2004 PKRCS-REFUND RENTAL DE 60.00 60.00 Voucher: 181976 181977 10/15/2004 003841 HEAD-QUARTERS PTS 10295 9/30/2004 PKM-09/04-PORTABLE TOIL 406.50 Voucher: 181977 10454 10/1/2004 PWSWR-SUPPLIES FOR RE 72.50 479.00 7" 181978 10/15/2004 001487 HEWLETT-PACKARD CaMPA 2500124641 9/25/2004 MSDP-NB FIELD RACKMOUN 83.78 83.78 -E. Voucher: 181978 \.N 181979 10/15/2004 008148 HILGER CONSTRUCTION INC AG04-1 01 #5 9/30/2004 AG04-101D:FINISH CARPENT 3,977.18 3,977.18 Voucher: 181979 181980 1 0/15/2004 002477 HOME DEPOT-DEPT 32-250 7363734 9/1/2004 AUG04-HOME DEPOT SUPPL 256.83 Voucher: 181980 2023430 6/18/2004 AUG04-HOME DEPOT SUPPL 108.26 2025053 9/16/2004 AUG04-HOME DEPOT SUPPL 91.89 3021018 8/16/2004 AUG04-HOME DEPOT SUPPL 72.41 4581628 9/24/2004 AUG04-HOME DEPOT SUPPL 62.05 6363345 8/13/2004 AUG04-HOME DEPOT SUPPL 23.76 6201322 9/22/2004 AUG04-HOME DEPOT SUPPL 23.27 9363275 8/10/2004 AUG04-HOME DEPOT SUPPL 21.12 1201285 9/17/2004 AUG04-HOME DEPOT SUPPL 14.30 673.89 181981 1 0/15/2004 003256 HURLEY ENGINEERING COM 11463 9/21/2004 PKDBC-START UP BOILER S 249.04 249.04 Voucher: 181981 181982 10/15/2004 001431 ICON MATERIALS INC 463805 9/23/2004 PWS-STREET REPAIR MTN - 3,138.70 Voucher: 181982 461628 9/21/2004 PWS-STREET REPAIR MTN - 629.64 3,768.34 181983 10/15/2004 000016 IKON OFFICE SOLUTIONS 16162682 10/5/2004 MSMD-(9/5 - 10/5) COPIES M 849.44 Voucher: 181983 16122612 9/17/2004 MSMD-(8/5-9/5)COPIES MAl 747.70 1,597.14 181984 10/15/2004 005231 IKON OFFICE SOLUTIONS 63475010 9/27/2004 MSMD-10/22-11/21 COPIER R 1,835.92 1,835.92 Voucher: 181984 Page: 9 apChkLst Final Check List Page: 10 10/15/2004 11 :52:07 AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 181985 10/15/2004 005156 ISCO INC 401330-00 9/17/2004 SWM-WATER QUALITY STA 257.74 257.74 Voucher: 181985 181986 10/15/2004 005893 J & K PLUMBING INC 6356 9/16/2004 PKDBC-SNAKE DRAINS/REP 473.28 473.28 Voucher: 181986 181987 10/15/2004 005025 J&R COMMERCIAL JNTR SVC 2250 9/27/2004 LOCKER ROOMS FLOOR SC 493.63 Voucher: 181987 2251 10/1/2004 AG03-22:9/04-MNT OFF JNTR 375.00 868.63 181988 10/15/2004 007241 JACO ENVIRONMENTAL INC 11494 9/16/2004 PWST-RECYCLING SERVIC 80.00 80.00 Voucher: 181988 181989 10/15/2004 005656 JIM'S DETAIL SHOP 11584 F 9/27/2004 PS-DETAIL SVCS #656 65.00 65.00 Voucher: 181989 181990 10/15/2004007157 JONES & STOKES ASSOCIATIO019689 6/7/2004 AG03-190:5/04 CITY CTR PL 24,882.49 Voucher: 181990 0021104 9/8/2004 AG03-190:8/04 CITY CTR PL 13,629.07 38,511.56 181991 10/15/2004008456 JR ELECTRIC 04-103442-00 10/5/2004 COB-REFUND ELEC PERMIT 67.48 Voucher: 181991 04-103443-00 10/5/2004 COB-REFUND ELEC PERMIT 56.28 123.76 7\ 181992 10/15/2004 001647 KELLER SUPPLY COMPANY 0135299 9/17/2004 PKM-NEO GASKET WADE 83.57 83.57 ~ Voucher: 181992 -C. 181993 10/15/2004 005652 KENT CHAMBER OF COMMEF4935-09 8/16/2004 CM-04 SPONSORSHIP-SO K 2,500.00 2,500.00 Voucher: 181993 181994 10/15/2004 000125 KING COUNTY FINANCE DIV 1314060 9/17/2004 PWTR-8/04 BSC SIGN/MRKNC 26,907.16 Voucher: 181994 1312076 8/20/2004 PS-{MTH04} KING CO JAIL 17,374.98 1314062 9/17/2004 PWTR-8/04 BSC SIGN/MRKNC 9,001.46 1314061 9/17/2004 PWT-(MTH04)DISC INVSTGT 3,776.82 202439 9/1/2004 PKM-10 VEHICLE UNATTEND 349.25 57,409.67 181995 10/15/2004 005568 KING COUNTY FLEET ADM 01202474 10/1/2004 PKM-DISABLED PARKING SI 176.20 176.20 Voucher: 181995 181996 10/15/2004 003898 KING COUNTY RADIO 00400380 9/30/2004 MSTEL-RADIO SERVICES - 4,809.30 Voucher: 181996 43679 8/23/2004 MSTEL-RADIO SERVICES - 136.12 43693 9/14/2004 MSTEL-RADIO SERVICES - 90.75 43037 8/18/2004 MSTEL-RADIO SERVICES - 26.19 43038 8/18/2004 MSTEL-RADIO SERVICES - 19.86 5,082.22 Page: 10 apChkLst 10/15/2004 11:52:07AM Bank: key us bank Check # Date Vendor Final Check List CITY OF FEDERAL WAY Page: 13 (Continued) 182014 10/15/2004008461 MELNIK, JANNA Voucher: 182014 182015 10/15/2004 008451 MENDIO PUBLISHING SVC 556104 Voucher: 182015 182016 10/15/2004 001793 MICROFLEX INC Voucher: 182016 182017 10/15/2004003170 MODERN SECURITY SYSTE 40182 Voucher: 182017 182018 10/15/2004003892 MONTGOMERY WATER GRO 2004-126 Voucher: 182018 2004-125 182019 10/15/2004 008415 MUL TICARE HEALTH SYSTE 3QTR2004 Voucher: 182019 182020 10/15/2004004419 MUSCO SPORTS LIGHTING L 116159 Voucher: 182020 ~ 182021 10/15/2004001902 MYERS MASTER LAWN CAR -1: Voucher: 182021 -' 182022 10/15/2004 008454 NAGY, ALEX Voucher: 182022 182023 10/15/2004 001052 NAPA AUTO PARTS Voucher: 182023 182024 10/15/2004 006796 NEELY, MALCOLM Voucher: 182024 Invoice 03-47394 00015213 779 780 02-54854 781977 780171 02-48740 Inv Date Description Amount Paid Check Total 9/24/2004 PS-REFUND TRAFFIC SCHOC 75.00 75.00 4/26/2004 MSHR-AD PUBLISHING - SP 300.00 300.00 10/1/2004 MSA-TAX AUDIT PROGRAM - 57.31 57.31 9/25/2004 PKM-10/04 ALARM MONITORI 34.82 34.82 8/31/2004 AG02-75C:8/04-LAKOTA CK R 7,857.03 8/31/2004 AG03-58B:8/04 E LAKOTA CK 4,817.05 12,674.08 10/7/2004 AG04-161 :3QTR2004 CDBG A 1,917.00 1,917.00 8/4/2004 PKM-CELEBRA TION PK SPO 423.23 423.23 10/1/2004 PKM:9/04 LANDSCAPE MAIN 3,600.19 10/1/2004 CITYHALL:9/04 LANDSCAPE ~ 367.74 3,967.93 9/23/2004 PW-RFND BOND REL#03-1 700.00 700.00 10/4/2004 MSFL T-OIL 32.02 9/23/2004 MSFL T-TOWELS SWM TRUC 28.24 60.26 9/24/2004 PW-RFND BOND REL#02-1 628.50 628.50 Page: 13 apChkLst 10/15/2004 11:52:07AM Bank: key us bank Check # Date Vendor Final Check List CITY OF FEDERAL WAY Page: 14 (Continued) Invoice T L 182026 10/15/2004000043 NEW LUMBER & HARDWARE 173909 Voucher: 182026 173905 175248 175291 175347 175804 175555 174756 175875 175235 174914 174943 174910 175143 175989 175195 175371 174956 175605 173973 175850 175198 175035 175304 175353 175981 174970 175738 175118 174730 175321 174815 173500 175930 175755 ~ Inv Date Description Amount Paid Check Total 8/9/2004 PKM-REPAIR SUPPLIES 133.13 8/9/2004 PKM-REPAIR SUPPLIES 100.91 9/8/2004 PKM-REPAIR SUPPLIES 100.86 9/9/2004 PKM-REPAIR SUPPLIES 74.97 9/10/2004 PKM-REPAIR SUPPLIES 59.09 9/21/2004 PKM-REPAIR SUPPLIES 55.27 9/15/2004 PKM-REPAIR SUPPLIES 54.44 8/27/2004 PKM-REPAIR SUPPLIES 53.93 9/23/2004 KJP-REPAIR SUPPLIES 43.63 9/8/2004 PKM-REPAIR SUPPLIES 29.62 8/31/2004 PKM-REPAIR SUPPLIES 29.32 9/1/2004 PKM-REPAIR SUPPLIES 28.02 8/31/2004 PKM-REPAIR SUPPLIES 26.28 9/5/2004 PKM-REPAIR SUPPLIES 25.67 9/24/2004 PKM-REPAIR SUPPLIES 25.47 9/7/2004 PWST-REPAIR/SUPPLIES 24.47 9/11/2004 PKM-REPAIR SUPPLIES 24.45 9/1/2004 PW ST -REP AI R/SU PPLI ES 23.46 9/16/2004 PWST-REPAIR/SUPPLIES 21.71 8/10/2004 PKM-REPAIR SUPPLIES 20.79 9/22/2004 KJP-REPAIR SUPPLIES 20.41 9/7/2004 PKM-REPAIR SUPPLIES 18.00 9/2/2004 SWM-REPAIR/SUPPLIES 16.69 9/9/2004 PKM-REPAIR SUPPLIES 15.83 9/10/2004 SWM-REPAIR/SUPPLIES 15.24 9/24/2004 PKM-REPAIR SUPPLIES 15.21 9/1/2004 PW ST -REP AI R/SU PPLI ES 14.67 9/20/2004 PKM-REPAIR SUPPLIES 14.51 9/4/2004 PKM-REPAIR SUPPLIES 13.57 8/27/2004 SWM-REPAIR/SUPPLIES 13.30 9/10/2004 PKM-REPAIR SUPPLIES 11.53 8/30/2004 KJP-REPAIR SUPPLIES 10.53 7/30/2004 PKM-REPAIR SUPPLIES 9.78 9/23/2004 PKM-REPAIR SUPPLIES 8.74 9/20/2004 PKM-REPAIR SUPPLIES 8.06 Page: 14 apChkLst Final Check List Page: 15 10/15/2004 11 :52:07AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 175058 9/3/2004 PKM-REPAIR SUPPLIES 7.63 174761 8/27/2004 SWM-REPAIRlSUPPLIES 7.05 174611 8/25/2004 PKM-REPAIR SUPPLIES 6.85 174701 8/26/2004 SWM-REPAIRlSUPPLIES 6.65 175036 9/2/2004 SWM-REPAIRlSUPPLIES 6.26 175571 9/16/2004 PKM-REPAIR SUPPLIES 5.79 174822 8/30/2004 KJP-REPAIR SUPPLIES 4.01 173820 8/6/2004 PKM-REPAIR SUPPLIES 3.82 175618 9/16/2004 PWST -REPAIRlSUPPLIES 2.71 174751 8/27/2004 SWM-REPAIRlSUPPLIES 2.33 175644 9/17/2004 PKM-REPAIR SUPPLIES 1.96 172865 7/19/2004 SWM-REPAIRlSUPPLIES 0.97 175211CR 9/8/2004 PKM-REPAIR SUPPLIES -24.63 1,192.96 - 182027 10/15/2004 000089 NEWS TRIBUNE 220280 9/26/2004 MSHR-8/30/04-9/26/04 JOB A 2,497.98 2,497.98 f" Voucher: 182027 ~ 182028 10/15/2004004701 NEXTEL COMMUNICATIONS 400102318-034 9/29/2004 MSTEL-CELLULAR AIRTIME 3,731.75 3,731.75 -.£:) Voucher: 182028 182029 10/15/2004 001391 NORTH COAST ELECTRIC C 080606100 9/24/2004 NCHB--ELECTRICAL SUPPLI 100.97 100.97 Voucher: 182029 182030 10/15/2004 008421 NORTHSHORE CHEVRON&C 3/03-8/04 8/20/2004 PS-51 CARD (Q2 6.95 CARWAf. 354.45 354.45 Voucher: 182030 182031 10/15/2004 008446 NORTHWEST ASSOC OF CD rNWACDM 04/ 9/23/2004 CDHS CONF REG 195.00 195.00 Voucher: 182031 182032 10/15/2004 008411 NOWICKI & ASSOCIATES INC 04-0018 9/24/2004 SWM-INSPECTION/REPORT; 305.00 305.00 Voucher: 182032 182033 10/15/2004 005117 NWPMA-NW PAVEMENT MG 204229 10/1/2004 PWST -J MULKEY NWPMA 04 195.00 195.00 Voucher: 182033 182034 10/15/2004 008458 OCTAGON INC 01-54422 9/25/2004 MSF-OVERPAID BUSINESS L 25.00 25.00 Voucher: 182034 182035 10/15/2004 002623 OFFICEMAX CREDIT PLAN 261J246 9/2/2004 SWM-OFFICE SUPPLIES 11.03 11.03 Voucher: 182035 182036 10/15/2004 008462 OH, YOUNG 03-47502 10/4/2004 PS-REFUND TRAFFIC SCHOC 75.00 75.00 Voucher: 182036 182037 10/15/2004 003530 OLYMPIC FENCE CO INC AG04-116 #3 9/30/2004 AG04-116A:NEW CH-FENCE - 17,656.47 17,656.47 Voucher: 182037 Page: 15 apChkLst 10/15/2004 11 :52:07 AM Bank: key us bank Check # Date Vendor Final Check List CITY OF FEDERAL WAY Page: 16 (Continued) Invoice 013844 013908 SEPT 2004 182038 10/15/2004007444 ORCA PACIFIC INC Voucher: 182038 182039 10/15/2004005741 OUTCOMES BY LEVY Voucher: 182039 182040 10/15/2004 007708 P2CS CONSTRUCTION MANASEPT 1 Voucher: 182040 OCT 1 182041 10/15/2004000112 PACIFIC COAST FORD INC FOCS107205 Voucher: 182041 182042 10/15/2004004004 PACIFIC COAST FORD INC Voucher: 182042 182043 10/15/2004008383 PACIFIC FIRE & SECURITY Voucher: 182043 r::: 182044 10/15/2004006670 PARAS GENERAL CONTRACT02-45215 ìJ\ Voucher: 182044 G 182045 10/15/2004008222 PERTEET ENGINEERING INC 24006.000-1 Voucher: 182045 24006.000-2 182046 10/15/2004 008455 PETERSON, DOUGLAS 02-48805 Voucher: 182046 182047 10/15/2004007470 PETTY CASH - MGMT. SVC. MS 10/11/04 Voucher: 182047 182048 10/15/2004 002024 PETTY CASH-WITNESS FEES SEPT 04 #2 Voucher: 182048 WF INCREASE '182049 10/15/2004 007238 PETTY CASH: JURY FEES WF INCREASE Voucher: 182049 182050 10/15/2004004479 PFEIFFER, GEORGE Voucher: 182050 182051 10/15/2004000049 PRESTON GATES & ELLIS LL 632877 Voucher: 182051 182052 10/15/2004 004788 PROPERTY DAMAGE APPRA 829-11962 Voucher: 182052 182053 10/15/2004 008463 REDDING, BILL Voucher: 182053 182054 10/15/2004006873 REGENCY CLEANERS Voucher: 182054 Inv Date Description Amount Paid Check Total 9/23/2004 AG03-154A:SWIMMING POO 130.56 9/29/2004 AG03-154A:SWIMMING POO 130.24 260.80 9/30/2004 AG03-191 :9/04-LOBBYIST SV 3,907.55 3,907.55 9/1/2004 AG03-189A:8/04 CSTR CNSL T 4,510.00 10/1/2004 AG03-189A:9/04 CSTR CNSL T 2,009.00 6,519.00 7/28/2004 MSFL T-LOF 33.98 33.98 9/1/2004 SUI-SEPT04-VEH LEASE-200 274.41 10/1/2004 SUI-OCT04- VEH LEASE-200 274.41 548.82 8/4/2004 PKDBC/KFT-ANNUAL FIRE A 734.40 734.40 9/30/2004 PW-RFND BOND REL#00-1 1,516.75 1,516.75 7/9/2004 PWEXP:6/04 CRESTVIEW W ¡ 2,731.20 8/3/2004 PWEXP:7/04 CRESTVIEW W ¡ 265.00 2,996.20 10/14/2004 CDPL-RFND 02-101401-00 E 365.89 365.89 10/11/2004 PWDS-REC FEE DECLARATI 512.65 512.65 10/11/2004 MSF-9/04 WITNESS FUND P 414.31 10/14/2004 MSF-FEE INCREASE FROM $ 250.00 664.31 10/14/2004 MSF-FEE INCREASE FROM $ 250.00 250.00 10/7/2004 PKRCS-PREVIOUS OVERPAY 1.00 1.00 9/15/2004 AG02-124C:LEGAL SVCS-288 126.50 126.50 9/16/2004 MSR-LST DT 9/10/04 CLAIM # 75.00 75.00 10/4/2004 PS-REFUND TRAFFIC SCHOC 75.00 75.00 9/30/2004 AG02-98:9/04-PS DRY CLNG ~ 2,466.46 2,466.46 SEPT 2004 OCT 2004 6207 185099 03-47357 SEPT2004 Page: 16 Final Check List CITY OF FEDERAL WAY apChkLst 10/15/2004 11 :52:07 AM Bank: key us bank Check # Date Vendor Page: 17 (Continued) 182055 10/15/2004004317 RITZ CAMERA ONE HOUR PH 1026046700 Voucher: 182055 182056 10/15/2004 003426 SCHENKEL, KEITH Voucher: 182056 182057 10/15/2004 004763 SHOCKLEY, BILL Voucher: 182057 182058 10/15/2004 008170 SKY VALLEY CONSTRUCTIO AG04-82 #4 Voucher: 182058 182059 10/15/2004005602 SPRINGWOOD ASSOCIATES 11080 Voucher: 182059 182060 10/15/2004004892 SYNERTECH SYSTEMS CORF3264 Voucher: 182060 182061 10/15/2004 001187 TECHNOLOGY EXPRESS ~ Voucher: 182061 ~ 182062 10/15/2004008424 THE BLIND LADY Voucher: 182062 182063 10/15/2004008241 THE COMMERCIAL BANK AG04-71 #6 Voucher: 182063 AG04- 74#6 182064 10/15/2004001424 THYSSENKRUPP ELEVATOR 1370897 Voucher: 182064 182065 10/15/2004 007994 TOTEM STEEL INC Voucher: 182065 182066 10/15/2004001690 TOYS R US Voucher: 182066 182067 10/15/2004 000065 U S POSTMASTER Voucher: 182067 182068 10/15/2004001805 VADIS NORTHWEST Voucher: 182068 182069 10/15/2004 008038 VEGA ELECTRIC CO INC Voucher: 182069 182070 10/15/2004005704 VERTICAL TRANSPORTATIO DVT05646XA04 9/20/2004 AG01-61:10/04-CH ELEVATO Voucher: 182070 DVT05642XA04 10/12/2004 AGOO-171:10/04-KLCC ELVTR 182071 10/15/2004 000469 WA STATE DEPT OF LlCENS 999149 10/6/2004 PS-ALARM REGIS FEE NOT f' Voucher: 182071 Invoice SCHENKEL SHOCKLEY 133590 FW02 AG04-62 #3 01-52855 PERMIT 722 00013971 AG04-26 #7 Inv Date Description 9/14/2004 PS-PHOTO SUPPLIES/SVC 10/15/2004 PS-CLAN LAB SFTY-SCHENKI 10/15/2004 PS-CLAN LAB SFTY-SHOCKLI 9/30/2004 AG04-82:NEW CH-CARPET I 10/6/2004 AGOO-155:CEL PK MTGTN M 8/31/2004 MSDP-COMPILE EXISTING A 9/3/2004 MSDP/PS - SONY CYBER-SH( Amount Paid Check Total 5.73 5.73 145.00 145.00 145.00 145.00 2,703.73 2,703.73 2,482.62 2,482.62 1,500.00 1,500.00 1,986.34 1,986.34 1 ,577 .60 1,577.60 134.51 91.98 226.49 139.68 139.68 22,621.13 22,621.13 60.00 60.00 625.00 625.00 4,101.42 4,101.42 19,370.35 19,370.35 167.03 157.05 324.08 15.00 15.00 9/27/2004 CHB-MINI BLIND CLEANING 9/30/2004 AG04-71 D:RET HELD-GUARD 9/30/2004 AG04-74:RET HELD-GUARDIP 10/1/2004 AG03-199:10/04 NEW CH EL 9/22/2004 AG04-62A:NEW CH-STRUCTL 9/25/2004 MSF-FALSE ALARM-CHECK C 10/9/2004 MSMD-10/04-9/05 BUS REPL 8/31/2004 AG04-28:8/04 CITY LITTER C 9/30/2004 AG04-26H:NEW CH-ELECTRI Page: 17 Final Check List CITY OF FEDERAL WAY Page: 18 apChkLst 10/15/2004 11 :52:07AM Bank: key us bank Check # Date Vendor (Continued) Invoice 00023460 182072 10/15/2004000851 WA STATE PATROL Voucher: 182072 182073 10/15/2004 008457 WALDEN BOOKS Voucher: 182073 182074 10/15/2004 008464 WELLER, KIMBERLY Voucher: 182074 182075 10/15/2004 000544 YMCA OF GREATER SEATTL 3QTR2004 Voucher: 182075 01-54483 03-47404 T\ \J'\ ~ Inv Date Description Amount Paid Check Total 9/15/2004 MSDP-3QTR04 ACCESS USE 2,280.00 2,280.00 10/4/2004 MSF-OVERPAID BUSINESS L 25.00 25.00 10/4/2004 PS-REFUND TRAFFIC SCHOC 75.00 75.00 9/30/2004 AG04-149:3QTR2004 CDBG '^ 4,955.04 4,955.04 Sub total for us bank: 1,061,419.59 Page: 18 apChkLst 10/15/2004 11:52:07AM Final Check List CITY OF FEDERAL WAY Page: 19 195 checks in this report. Grand Total All Checks: 1,061,419.59 T5 '-J"\ ~ Page: 19 apChkLst 10/15/2004 11:52:07AM Final Check List CITY OF FEDERAL WAY Page: 20 Void Checks Bank code: key Check # Date 182025 10/15/2004 520662 12/16/2003 ^ \..J\ -C, Page: 20 MEETING DATE: November 16,2004 ITEM# §(Q) - CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CATEGORY: September 2004 Quarterly Financial Report BUDGET IMPACT: [8J CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ........................... A TT ACHMENTS: September 2004 Quarterly Financial Report SUMMARY /BACKGROUND: CITY COUNCIL COMMITTEE RECOMMENDATION: Was reviewed at the Finance, Economic Development and Regional Affairs Committee at their October 26th meeting. PROPOSED MOTION: "I move for the approval of the September 2004 Quarterly Financial Report." ~;~~~~~~~::-~- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 ~ CITY OF ~ Federa I Way MEMORANDUM Date: October 26, 2004 To: Finance, Economic Development & Regional Affairs Committee Via: From: David Moseley, City Manager Tho Kraus, Finance Manager Subject: September 2004 Quarterly Financial Report Action Requested: Accept the September 2004 Quarterly Financial Report and forward to the November 16th Council meeting for full Council approval. OMMITTEE ACTION: " c~ cJ Committee Member Jlr---Wrtj( K: \FIN\MFR\MFRFED RACCVR. DOC ~I Citv of Federal Wav ~ CITY OF~ Federal Way September 2004 Ouarterlv Financial Report Quarterly Financìal Report - September, 2004 """" ..... ....... .. ..........."" .............. .. .: -:.:-:-:.:.:.: -:.:. TIC Operating Revenues vs Operating Expenditures:':':':':':':':': ":-:'."'.": ThruSeptember ".".'.'.'.':'. ........... -:.:-:-:-:- 35.0 : .......... -:-:-:.:-:- 30.0 : . . .. .. . . . . ':':':'íiì':25.0: :::::::,g:20.0:: ::-::::S§: .15.0.: -:-:-::~: 10.0 : . . '::"::5.0 : .. . .. . . .. . . ... . ... . . .. .. . " . ... . . .. .. .. ........... ...... -:.1999. : :2000:-:-:.2001-:.:.:2002:-' '.2003-:-:-:2004:-:-:-'.'" .. . . . . ... . .. . .. . .. .. . ... . .. . -+- REVENUES .. . . . . . .. . ... . . . . .. .. .. .. . . . . . . . . . . . ---- EXPENDITURES .' . OVERVIEW The Quarterly Financial Report is intended to provide an overview of financial activity that has taken place in the reporting period. This report focuses mainly on activity incurred in the following operating funds: General, Street, Arterial Street, Utility Tax Projects, Solid Waste & Recycling, HotellMotel Lodging Tax, Paths & Trails, Surface Water Management, Debt Service, and Dumas Bay Center. The Summary of Sources and Uses (Attachment A) captures financial activity through September for the years 1999 through 2004. OPERATING REVENUES Operating funds revenue collections through September total $32.6M which is $408.1K or 1.3% above the ytd budget of $32.2M. Of this amount, $1.0M is related to Utility taxes and REET that are reserved for the payment of debt services. Attachment A provides a comparison ofYTD revenues by major sources for 2004 with comparative figures for the past five years. .'..':."':..:..': REVENUE SUMMARY BY MAJOR REVENUE SOURCES Period Ending September 30, 2004 Property Taxes Sales Tax Hotel/Motel Lodging Tax riminal Justice Sales Tax Intergovernmental Real Estate Excise Tax pambling Taxes Utility Taxes ourt Revenue Building Permits/Fees-CD Expedited Review Fees-CD ROW PermitsJFees-PW Expedited Review Fees-PW Licenses Franchise Fees $ 4,354,669 $ 8,066,229 87.471 1,192,524 2,606,875 1,771,430 1,550.399 4,728,552 772,267 1,152,330 65,348 229,313 44,356 88.434 472.568 Passport Agency Fees Recreation Fees Dumas Bay Centre Knutzen Family Theatre Interest Earnings ~dminlCash Mgmt Fees SWM Fees Refuse Collection Fees Police Services Miscellaneous/Other 536,264 385,710 58,834 339.020 355.515 1,760,213 133,725 541.782 82,980 31,376.809 4.495,825 $ 35,872.634 $ Subtotal Operating Revenues þther Financing Sources otal Revenues & Other Sources ..1o0:i~ : ~Actual~ . . . . 4,424,548 $ 7,889,838 104,939 1,186,328 2.129,855 2,268,218 1.457,579 5,217,332 903.992 1,025,743 132,379 284,754 28,118 54,994 501,495 16,290 597,246 368,504 86.190 402,195 394,944 1,840,770 149,867 665,569 84,307 32,215,990 13,239,334 45,455.324 $ .: 20:04 ReVisèdBUdgel : '. . . . . . . . '.:: :rhrough:: . ~ Ariri""i: S.~m,;~r 8,107,771 $ 4,584,620 10,835,153 8,099,928 134,000 94,932 1,714,051 1,275,234 2,810,601 2,087.482 1,900,000 1,430,065 1,850,000 1,381,547 7,253,021 5.476,393 1,183,975 877.079 1.194,009 953,851 50,785 290.475 17,371 79,321 486,991 377,296 142,100 653,062 934,950 500,250 76,601 632,180 542,000 3.437,136 168,545 883,914 111,349 45,441,964 8,539.315 53.981,279 $ 801,671 378,483 50,679 488,298 406,121 2,040,923 140.454 664,319 78,368 32,235,391 6,850.455 39.085,846 $ I~ ..ACfuitl..... ::ttirougti::. .:Sopte,;,i..ir::.. $ 4,584,620 7,894,996 102,102 1,205,052 2,112,200 2,268,381 1,058,699 5,661,813 863,204 1,145,212 50,785 251,061 17,371 60,966 512,269 47,590 711,391 356.759 73,138 148.499 406,121 2,040,923 137,704 872,777 59,825 32.643,458 6,850,455 39.493,913 $ ....~ltananc.;'..... :~~~';";;b¡';(¡jnf~v;,~~bt~j': . ::~I.is:($)::" :Ì'ei~¡'¡1%). 0.0% -2.5% 7.6% (204,932) 7,170 (70,182) 24,718 838,316 (322,848) 185.419 (13,875) 191,362 (39,414) (18.356) 25,279 47,590 (90,280) (21,724) 22,458 (339,798) (2.750) 208.458 (18,543) <W8,D67 <W8,D67 -5.5% 1.2% 58.6% -23.4% 3.4% -1.6% 20.1% 0.0% .13.6% 0.0% -23.1% 5.2% nJa -11.3% -5.7% 44.3% -69.6% 0.0% 0.0% -2.0% 31.4% -23.7% 1.3% 0.0% 1.0% City of Federal Wav September 2004 Ouarterlv Financial Report Real Estate Excise Tax To date, REET of $2.27M is above the ytd budget of $1.43M by $838K or 59%. Year-to-date collection is about the same as 2003's. September's receipt of $278K is $79K above the monthly estimate and includes a total of 272 real estate transactions, of which 65 were tax exempt and of remaining 207, 6 were mobile home sales. The largest transactions in the current month consist of the sale of Courtyard by Marriott hotel in Gateway Center, Travelodge hotel on S. 328th S1., and Izzy's Pizza restaurant @32703 Pac. Hwy. S. . . . . . . . . . :::MOrith:: Jan Feb Mar Apr May Jun Jul ~u9 Sep Oct Nov Dee .:::1-999:> . :::::::~()(J():::. Aâiiåi. . .'. .AÇt¡¡~r. .. ... 289,269 $ 103,300 $ 65,939 103,388 80,862 166,189 203,522 166,725 169,610 183,110 162,569 182,137 278,955 323,080 194,853 203,678 326,168 163,636 279,424 299,621 209,096 101,804 177,881 153,124 ..................................... . ...................................... . .... <REALfSTATEEXCfSETAKREVENU6S: .:.:.:.:.:.: :Yeå¡:~tQcdåtØ :tlii.û$Øptember::.':':':':' <:'2QQ'V: "'.:::~QO.;L"""".::2Q()J:> ...."'" ......... <A'ÇtiÚtL .. .::Ac.ti/'af. . . <.<.<:A<itiiiff: . .. .. 92,006 $ 114,439 $ 307,354 $ 80,019 112,868 338,361 174,165 247,357 129,942 124,749 152,735 193,685 139,014 329,252 196,095 230,600 255,814 219,314 154,965 162,739 271,561 168,149 263,742 262,023 361,664 132,484 349,883 148,307 210,334 211,217 155,743 116,037 155,412 168,156 419,672 216,540 :::8udge{~< . . . . . 139,064 $ 105,244 119,792 135,090 161,178 179,449 200,988 190,360 198,900 182,866 119,118 167,951 .. . :::~OQ.,::: $ YTD Total $ Annual Total 1,525,331 $ 1,771,430 $ 1,430,065 $ 2,268,218 $ 1,771,747 $ 1,595,242 $ 2,851,386 $ 2,517,473 $ 1,997,537 $ 1,900,000 $ 2,438,148 $ 2,149,790 $ .. . .. . :<Açtuaf: . . . 122,026 147,294 199,576 243,531 182,533 604,017 285,928 205,322 278,155 . <:2QQ4.:Sudget:. . .'.:::$:V¡j,.:<:': <:%:W,:: $ (17,038) -12.3% 42,050 40.0% 79,784 66.6% 108,441 80.3% 21,355 13.2% 424,568 236.6% 84,940 42.3% 14,962 7.9% 79,255 39.8% - 0.0% - 0.0% - 0.0% 2,268,381 $ 838,316 58.6% YTD Est. RE Value $ 354,349,488 $ 319,048,346 $ 305,066,182 $ 354,285,938 $ 453,643,576 $ 286,013,000 $ 453.676,258 . Represents monthly historical patterns Following table summarizes major real estate transactions (those resulting in over $IOK in REET) that occurred during 2004. Waterstone Place Apartment @ 2211 S Star Lake Rd. Seatac Village @ 1800 S 320th St. Courtyard by Marriott hotel in Gateway Center Abam Office building @ 33301 9th Ave S Capital One Office @ E Campus Corporate Park Washington Park at 33801 1st Way S East Empire Garden Home at 1647 S 333rd St Line Retail Store at 2132 SW 336th St. Emerald Professional Center @ 720 South 348th St. Vacant Residential Land @ SW Dash Point Road Olympic Office Center and a vacant commercialland @ S 333rd St 47,922,238 25,450,000 12,863,000 8,300,000 8,250,000 7,412,000 6,352,985 2,614,000 3,400,000 2,451,000 2,050,000 127,065,223 $ $ J-t 237,215 125,978 63,672 41,085 40,838 36,689 31,447 12,939 16,830 12,132 10,148 628,973 2 City of Federal Wav September 2004 Ouarterlv Financial Report Sales Tax Sales tax received through September of $7.89M is $205K or 2.5% below the ytd budgeted amount of $8.1M. Year-to-date revenue of $7.89M is above September 2003 ytd revenue of $7.89M by $5K or 0.1 %. The current month's receipt of $939K is below the monthly estimate of $940K by $IK or 0.1 %. :MPti.fh Jan $ Feb Mar ~pr May Jun Jul fl\ug Sep Oct Nov Dec YTD Total Annual Total ..1999... .......... :Mt~åi> .. ... 711,432 $ 1,013,425 717,005 633,460 783,051 772,812 727,701 855,198 896,291 817,021 880,787 856,762 $ 7,110,375 $ 9,664,945 $ 10,159,767 $ 10,302,061 $ 10,773,246 $ 10,518,230 $ 10,835,153 7,652,649 $ 7,719,138 $ 8,066,229 $ 7,889,836 $ 8,099,928 $ 7,894,996 $ (204,932) -2.5% $ .. . ",""""""",""""""".......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .t.()Ç~i ~~rA'i.:$.A;iE.~. rAX.~vE..Ni;JE.$... . . . . 'Yê.år~to::(latethrÛSêptêfflber . . . . . . . . .2001... ""~2~02""2od3" ...........200:4>'........ ......... .......... ......... Mtli~( . . . . .. Mtli~" . . . . . :Mt(¡ii( .. .$~g~t". .: .Mt(¡~C . . . . 794,061 $ 860,153 $ 822,996 $ 832,939 $ 852,297 $ 1,152,601 1,234,151 1,185,480 1,219,599 1,117,608 834,652 750,503 735,211 800,135 779,947 729,487 730,253 745,691 759,333 707,611 927,767 911,658 874,035 917,865 875,451 694,540 792,402 789,466 810,673 831,979 798,287 840,945 833,909 842,783 808,352 879,080 1,010,404 963,561 977,041 983,203 908,664 935,760 939,487 939,560 938,548 889,821 897,820 872,821 897,593 - 858,019 938,959 914,692 948,531 - 835,083 870,238 840,881 889,101 - 20oø: Â~tj¡~I. . . . . 764,071 $ 1,201,953 759,673 764,524 859,218 797,833 798,587 928,307 778,483 782,049 908,800 816,270 'Budget is projected based on past 5 yea~s history. ............... . .20G4Bu{Jget . . . lVaf . ..%\({¡( 19,358 2.3% (101,991) -8.4% (20,188) -2.5% (51,722) -6.8% (42,414) -4.6% 21,306 2.6% (34,431) -4.1% 6,162 0.6% (1,012) -0.1% - 0.0% - 0.0% - 0.0% Sales Tax by SIC Code Retail sales continue to remain the largest source of sales tax revenue, accounting for 66% of all sales tax collections. Ytd retail sales tax collection is $15K or 0.3% above ytd 2003. The increase is mainly attributable to increased consumer spending in retail general merchandise, retail building material, retail apparel and accessories, retail eating & drinking, and retail food stores; but is offset by misc. retail trade, retail automotive/gas and retail furniture. Services industry accounts for 13% of the total sales tax collections. On ytd basis, services sales tax is up $30K or 3% compared to ytd 2003. The increase is mainly attributable to the increased activity in business services, but offset by a decrease in amusement activity due to a one-time distribution received in early 2003 for new installations at one of the major amusement facilities. Construction and contracting activity, which accounts for 9% of sales tax collections, is $58K or 7.5% below ytd 2003's activity. ...c;<>mppiJ.~nt... ..............~ioùp..""" Retail Trade Services Construct/Contract Wholesaling Transp/Comm/Utility Manufacturing Government Fin/Ins/Real Estate Other Total ......... .............. """"""""""""'" ... .... .. . c:;6M.fJA~/S()N()t=iA.LE$1"ÅXÞ()àEC:;7"iC)NsåY$iÞ~R()tJP.' ........................ """""""""',,,,"""""'...... .... """"'.. '<Yeai~tD~datethiuSeþteiribe""""'" "..... <.1999. .....200<L<>2QQ1> . ...2002.. ....2(JO3. . ....... ......... ......... .......... Actua(>. . Actual . . . . Actùal. . Ac.tcja1. ACtual $ 4,634,814 $ 4,986,937 $ 4,960,952 $ 5,085,537 $ 5,156,186 $ 667,157 688,551 825,062 982,346 986,416 614,202 857,088 808,270 859,603 769,031 404,744 469,704 460,982 408,119 346,488 309,393 280,804 295,474 292,990 315,108 222,276 99,482 102,704 143,457 83,500 100,479 113,819 108,853 134,474 39,295 88,091 90,006 83,192 90,493 130,203 69,218 66,259 73,649 69,210 63,609 $ 7,110,375 $ 7,652,649 $ 7,719,138 $ 8,066,229 $ 7,889,836 $ 20{J4. Actual 5,171,621 $ 1,016,645 711,253 376,327 315,869 83,042 27,337 129,466 63,436 7,894,996 $ J5 . .Çh~nge,fr0ltl20Q3'.. <$ '.'.'."...~.<" 15,435 0.3% 30,229 3.1% (57,778) -7.5% 29,839 8.6% 761 0.2% (458) -0.5% (11,958) -30.4% (737) -0.6% (173) -0.3% 5,160 0.1% 3 Citv of Federal Wav September 2004 Ouarterlv Financial Report SALES TAX ACTIVITY BY SIC CODE YTD Through September 2004 Wholesaling 4.8% Fin/lns/Real Estate 1.6% Other 0.8% Constr/Cntract 9.0% Sales Tax Activity by Area SALES T AX COMPARISON by AREA . YTDThroughSeptember . . Chgfrom 2003 Group 1999 2000 2001 2002 2003 2004 $ % Total Sales Tax $7,110,375 $7,652,649 $7,719,138 $8,066,229 $7,889,836 $7,894,996 $5,160 0.1% S 348th Retail Block $1,237,310 $1,253,257 $1,118,052 $1,150,932 $1,137,695 $1,131,946 ($5,749) -0.5% % chg from pre v yr -16.3% 1.3% -10.8% 2.9% -1.2% -0.5% na na Percentage of total 17.4% 16.4% 14.5% 14.3% 14.4% 14.3% -0.1% -0.6% The Commons 760,991 793,604 769,048 695,577 643,423 573,664 ($69,759) -10.8% % chg from prey yr -23.5% 4.3% -3.1% -9.6% -7.5% -10.8% na na Percentage of total 10.7% 10.4% 10.0% 8.6% 8.2% 7.3% -0.9% -10.9% Major Auto Sales 303,563 351,999 306,715 334,583 354,139 303,608 ($50,531) -14.3% % chg from prey yr -20.4% 16.0% -12.9% 9.1% 5.8% -14.3% na na Percentage of total 4.3% 4.6% 4.0% 4.1% 4.5% 3.8% -0.6% -14.3% S 312th to S 316th 211,367 356,777 382,768 387,780 405,345 434,376 $29,031 7.2% % chg from prey yr 132.4% 68.8% 7.3% 1.3% 4.5% 7.2% na na Percentage of total 3.0% 4.7% 5.0% 4.8% 5.1% 5.5% 0.4% 7.1% Pavilion Center 121,429 150,543 153,926 357,561 327,029 353,881 $26,852 8.2% % chg from prey yr -7.1% 24.0% 2.2% 132.3% -8.5% 8.2% na na Percentage of total 1.7% 2.0% 2.0% 4.4% 4.1% 4.5% 0.3% 8.1% Hotels & Motels 32,256 73,851 98,594 81,656 99,328 102,823 3,495 3.5% % chg from prey yr -32.0% 129.0% 33.5% -17.2% 21.6% 3.5% na na Percentage of total 0.5% 1.0% 1.3% 1.0% 1.3% 1.3% 0.0% 3.5% The City's largest retail center, South 348th, which generates about 14% of the City's sales tax has a year-to-date collection of $1.lM, has decreased $6K or 0.5% compared to 2003. Retail building materials and general merchandise are up, but are offset by declines in retail furniture, wholesale durable goods, and retail eating & drinking. The Commons is showing a $70K or 11 % decline compared to 2003. The year-to-date tax from the Mall's department stores, which generate 59% of total Mall's sales tax, has decreased $57K or 14% compared to 2003. Year-to-date major auto sales have decreased $51K or 14% compared to last year's ytd activities. The variance is attributable to the outstanding auto sales record in 2003 due to the consumer incentive programs. South 312th to South 316th is up $29K or 7% from the prior year. The increase is attributable to $32K increase by the center's biggest box retailer. J~ 4 Citv of Federal Wav SeDtember 2004 Ouarterlv Financial ReDort Pavilion Center is up $27K or 8% from the same period of prior year. The center's biggest contributor, who is responsible for about one-half of the center's total sales, is picking up its sales again and is up $17K compared to 2003. Hotels & Motels year-to-date sales tax total $1O3K, which is $3.5K or 3.5% above the same period in 2003. Hotel/Motel 1.3% Pavilion Center 4.5% SALES TAX BY AREA YTD through September 2004 S 312th/S316th 5.5% Major Autos 3.8% Other 63.3% The Commons 7.3% Gambling Tax Gambling tax collection of $1.06M is $323K or 23.4% below the year-to-date budget of $1.38M. In comparison to 2003 year-to- date collection, 2004's tax collection is lower by $399K or 27.4%. September's collection of $115K is $28K or 19.6% below the monthly budget estimate of$143K. The decrease is mainly attributable to the closure of three card room establishments. .......... ......... .......... : Morith Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee YTD Total Total 199!L. . $90,611 98,117 104,183 130,536 150,818 145,174 137,222 110,081 111,146 115,324 118,762 118,390 $ 1,077,887 $1,430,362 . :2000:: . . . $127,344 116,227 106,912 142,792 133,715 134,100 141,075 103,991 143,483 156,436 143,530 152,094 $1,149,639 $1,601,699 ... ........ .. .. ............................. . : :G~AfBLIN(;TAXREV:ENUE::.: .'. 'yriJThr~¡jgh$êPie",be;.:'" .:200L.. $193,344 178,617 183,941 238,928 168,101 185,526 188,828 150,734 187,319 174,314 188,392 189,073 $1,675,338 $2,227,117 .2002:::. . $210,579 212,309 175,625 189,533 167,112 161,592 142,814 150,984 139,851 134,904 119,265 121,874 $1,550,399 $1,926,443 . .~:2003:::. . $159,323 152,943 160,415 176,029 184,574 160,030 167,736 143,130 153,398 164,713 93,167 88,537 $1,457,579 $1,803,996 220O4~"(gØV .'. . ::$:Var'~::::%V¡¡r: $ (41,712) -26.6% (38,881) -25.5% (34,402) -23.4% (46,640) -26.2% (43,196) -26.8% (36,884) -23.4% (31,779) -20.7% (21,369) -16.2% (27,985) -19.6% '.'.'.'.'.'.'..::2004:::..'.'.'.'.'.'. ::BlidaeL..'.:::ACtuaL. . 156,889. $ 115,177 152,395 113,514 147,282 112,880 177,807 131,167 161,175 117,979 157,731 120,847 153,416 121,637 131,910 110,541 142,942 114,957 164,956 152,549 150,948 $1,381,547 $1,058,699 ($322,848) $1,850,000 - - - - - - -23.4% : .: GAMBLINC; TAX BY AÇTPlfT'I:. ""." :YTDThà;ilgJjSeptéiriber:.' "". ......... :.:2003 Actual:: :::2004 Actual:. :qhange:frortiZO03: .. ... . $: ::$ $: ACtivity'.:: % %. %%.~ Games/Bingo 0.4% 6,381 0.6% 5,962 (418) -6.6% Pulltabs/Punehboards 19.6% 285,748 24.3% 256,789 (28,959) -10.1% Cardrooms 80.0% 1,165,451 75.2% 795,947 (369,504) -31.7% Toteìl. .:100.0% 1,457;579. :100;0% 1;~5a,699 $(398;~1> ~27A% Jl 5 City of Federal Way September 2004 Quarterlv Financial Report Hotel/Motel Lodging Tax Hotel/Motellodging tax collections through September total $102K, which is $7K or 7.6% above the year-to-date budget of $95K. Compared to 2003, the lodging tax is $3K or 2.7% below the same period in 2003. The variance is mainly due to the extra payments received in early 2003 for 2002's late returns. . . . . . . . . . ......... : .M~nth : . Jan Feb Mar Apr May Jun Jul Aug Sep Oet Nay Dee YTD Total $ Grand Total $ .1999. .......... :::A#ti~~::: 4,541 5,401 5,690 8,539 7,613 8,971 6,428 24,171 $ 47,182 $ Table reflects cash basis accounting 2°tJO~ .......... :A«#48'( . 7,169 6,255 6,204 7,553 10,383 7,351 8,584 12,106 15,569 15,967 13,463 11,904 81,173 122,507 . . . . . .. ... ~ßT~L.if.tö.f~L i().Þc;j¡J~: t#lffi.Vt=N~~~'.: . . . . . . '<Y~r~t~dåt~.tfir,;;,:Septembør~ . . . . . . . 2ti°( '~ooi '~.2oOJ~ . '. . . . . . . . .200:4 . . . . . . . >MtiÙi/. . Mt¡liif .:A#tiiiC13ti~g~i}.~çt¡jå( . . 10,145 7,374 8,122 8,234 9,377 10,977 8,359 12,316 9,430 11,529 11,239 6,072 12,153 8,848 7,340 11,226 7,769 11.436 9,485 11,775 13,693 8,491 11,449 11,044 9,613 10,978 8,938 9,109 9,124 11,554 10,663 13,751 12,110 11,340 10,352 9,933 12,915 12,577 12,020 14,065 16,071 13,802 15,666 15,407 16,496 12,644 13,479 14,909 14,426 - 9,607 13,367 12,246 12,351 - 11,641 14,982 9,947 12,291 - $ 104,925 $ 87,471 $ 104,939 $ 94,932 102,102 $ 138,817 $ 129,299 $ 142,041 $ 134,000 ............... . 2004E3udgeJ . . . $vår"vsr 1,143 13.9% 2,099 22.3% (1,508) -17.0% 2,290 24.1 % (1,431) -13.0% 2,430 26.6% (988) -8.7% 2,045 17.0% 1,089 7.1% - - - - - - 7,170 7.6% Utility Tax Utility taxes received through September total $5.66M, which is $185K or 3% above the ytd budget total of$5.48M. This includes 85 low income senior rebates totaling $5K. The ytd thru September utility tax receipt is above the same period in 2003 by $444K or 9%. r....................................................................................................... .:....:...:...Yi:, .:...:.:::::: ..................1999~ .:2000 .2001. .2002. <2åð3.~<2004<: . . . . . . . . Mon'ti'ACti1af. ...Ai:itii~l. .AÇt~f . Ac.tdåi . . . .AÇti:¡~f. .>8tJ.èfg:Øt" >Mt~~> . Jan $ 464,657 $ 494,362 $ 559,223 $ 568,968 $ 519,082 $ 632,154 $ 687,590 Feb 480,358 512,067 580,723 584,764 541,210 650,483 741,009 Mar 470,869 496,215 595,183 602,121 611,927 667,054 705,007 Apr 491,502 559,861 617,404 620,964 682,144 730,692 709,531 May 475,874 466,035 544,080 567,810 696,681 649,725 617,502 Jun 388,985 409,595 466,013 482,725 563,872 557,502 565,728 Jul 389,430 419,539 435,775 442,319 540,460 546,750 554,115 Aug 370,719 383,806 416,374 429,790 521,251 518,395 540,628 Sep 394,041 428,707 428,486 429,090 540,705 523,639 545,771 Oet 435,017 462,901 468,293 481,552 571,961 599,528 - Nav 426,991 446,614 466,773 456,405 557,063 572,915 - Dee 412,635 444,629 495,606 490,171 637,771 604,185 - Tax Rebate - - - - - - (5,068) YTD Total $ 3,926,436 $ 4,170,187 $ 4,643,259 $ 4,728,552 $ 5,217,332 $ 5,476,393 $ 5,661,813 $ .:~ <iI1Ò4So(jgift> '.'. ...::$Y~ri.;in~::.:.%Wr¡aijçø $ 55,436 8.8% 90,526 13.9% 37,953 5.7% (21,161) -2.9% (32,223) -5.0% 8,226 1.5% 7,365 1.3% 22,233 4.3% 22,132 4.2% - 0.0% - 0.0% - 0.0% (5,068) nfa 185,419 3.4% Gas taxes are above the ytd budget of $700K by $150K or 21%. Electricity is below the ytd budget of $1.9M by $55K or 3%. Cable taxes are above the ytd budget of $572K by $17K or 3%. Phone taxes are below the ytd budget of $828K by $58K or 7%. Cellular phone taxes are above the ytd budget of $993K by $1 03K or 10%, which includes a settlement of $20K from a bankruptcy proceeding for the periods from January 1999 to December 2001. Jf) 6 Citv of Federal Wav September 2004 Ouarterlv Financial Report The rate hikes in mid and late 2003 by Puget Sound Energy and the severe cold winter weather have attributed to the increase in ytd gas tax collected. Compared to ytd 2003, Electricity is up $42K or 2%, Gas is up $213K or 34%, Cable is up $44K or 8%, Phone is down $36K or 5%, and Cellular phone is up $150K or 16%. I '. :':":'.'.'. ..:.199g::::. ....:ACf~i.:... $ 1,504,694 490,786 242,241 360,302 795,682 440,816 7,173 84,741 Electric Gas Solid Waste Cable Phone Cellular Pager SWM Tax Rebate Total . . itJiJD ..M#i~C $ 1,533,701 544,316 250,053 389,437 791,738 575,915 4,182 80,844 - ................. ................. """"",,: .vr'l:JT'( TA)(E$::............ : :YW4è;:.di;i-e tiiiÙSfipttiiiib'fir:: I >2oot:. ....::Aiiti:i.¡j(:.... $ 1,476,062 807,440 269,871 436,202 824,876 745,185 6,532 77,092 .2003> .................20£14. ..'.: Act~/::.. :A¡jij~~~ ~diii' .YjD .Bud~t: $ 1,824,700 $ 2,494,588 $ 1,922,223 636,471 859,213 699,703 350,520 467,765 346,126 544,381 765,874 571,684 806,080 1,105,572 827,641 946,323 1,353,979 993,34 7 4,895 6,882 5,297 103,963 199,148 110,373 .......:2¡j(¡4Budge,.t:......... $Va(iaÌ1Ce .\fa(i¡j;i~ $ (55,079) -2.9% 149,692 21.4% 39,105 11.3% 16,875 3.0% (57,825) -7.0% 103,467 10.4% (2,435) -46.0% (3,313) -3.0% (5,068) n/a 185,419 3.4% .2ð(j2: ....::A'c,tiÙil.::... $ 1,544,134 787,441 294,013 454,243 741,140 823,078 6,696 77,806 ......... ......... ...::Aciliiii.:... $ 1,867,144 849,395 385,231 588,560 769,816 1,096,814 2,862 107,060 (5,068) $ 5,661,813 $ - - - - $ 3,926,436 $ 4,170,187 $ 4,643,259 $ 4,728,552 $ 5,217,332 $ 7,253,021 $ 5,476,393 - - Table reflects reporting aclivity through year-Ie-dale State Shared Revenue Year-to-date distribution of $3.32M is below the ytd budget of $3.36M by $45K or 1.4%. The unfavorable variance is due mainly to decreases in criminal justice- low population, local criminal justice sales tax and fuel tax, but offset by increases in criminal justice-high crime, liquor profits tax and liquor excise tax. ........... ........... .......ReveiJiie...... Motor Vehide Excise Tax City Hardship Assistance Camper Excise Tax Liquor Profits Tax Liquor Excise Tax Grim Just Low-Pop/DCD Grim Just Hgh Crime Equalization Local Grim Just Sales Tax Fuel Tax Veh Lie/I Fees DUI - Cities Local Govt Fin Asst. Total Change from prior year :::1999::: ......... ......... . . .::AcwaL . . $ 1,059,402 23,048 318,219 199,795 106,696 173,087 433,576 1,091,039 1,276,152 499,402 16,505 $ 5,196,921 376.9% - ............................. . . .sf AT~$HARED REViNV~S . . Y~r~tc>:(JøtettitfJSAA(em~r . . . . .......... ......... .. ....... ........ ... . .2000. . .2ð(j1. . . . . . >2ð(j2. ... .2003 . . . . . . . . .20q4.. . . . . . . ..2004BiJdget . . . ......... ......... ......... . .:::Actii;il::. . . . :::Ar:tt.iiJf:: . .:ACtilà}.::ACtilaL:>Bcidgee::: . ':ACttiiJf:: .:$Viit'::: ':%Viit': $ 202,556 $ - $ - $ - $ - $ - $ - n/a - - 35,064 - - - - n/a 3,837 - - - - - - n/a 350,298 354,248 352,045 404,754 365,389 448,078 82,689 22.6% 185,941 205,627 219,275 222,008 224,669 239,959 15,290 6.8% 71,723 56,144 56,960 58,368 179,979 56,324 (123,655) -68.7% - - 41,102 124,494 - 84,919 84,919 n/a 24,103 - - - - - - n/a 1,200,173 1,253,590 1,192,524 1,186,328 1,275,234 1,205,052 (70,182) -5.5% 1,275,049 1,284,583 1,307,640 1,291,415 1,307,063 1,272,330 (34,734) -2.7% 545,624 569,654 583,995 18,196 - - - n/a 8,192 9,190 10,794 10,619 10,382 10,591 209 2.0% 686,126 470,179 - - - - - n/a $ 4,553,622 $ 4,203,215 $ 3,799,399 $ 3,316,183 $ 3,362,716 $ 3,317,252 $ (45,464) -1.4% -12.4% -7.7% -9.6% -12.7% -11.5% -12.7% n/a n/a - . Represents rronthly historical patterns (1999 - 2003) for the 2004 Budget. ~1 7 Citv of Federal Wav September 2004 Ouarterlv Financial Report Building Permits and Plan Check Fees Ytd building permit revenues total $1l45K, which is above the ytd budget by $191K or 20.1%. This does not include ytd pass through revenues of $51K. Revenues collected for expedited review is currently not budgeted nor are the offsetting expenditures. Building permits, which includes mechanical, plumbing and clear/grade permits total $572K and is above the ytd budget by $91K or 19%. Electrical permits of $91K are above the ytd budget of $83K by $8.6K or 10%. Plan check fees of $375K are $63K or 20% above the ytd budget estimate of $312K. ........... . .Rfiv~rl¿~ January February March April May June July August September October November December YTD Total Annual Total YTD Expense" Recovery Ratio 19999~2000. Açt~f . . . AAÚ~i. .. $ 77,562 $ 68,683 $ 95,739 64,619 144,848 104,586 88,404 103,334 161,106 86,274 165,674 92,413 115,236 101,765 134,784 63,482 96,214 112,409 52,306 119,502 87,017 72,901 69,149 72,125 $ 1,079,567 $ 797,566 $ $ 1,288,040 $ 1,062,094 $ 1,683,845 1,706,572 64.1% 46.7% . .............:çQM"'I)Þ(I:T'(Pçy~L;QPM~NT:: ..'.'..". . . : :9ltit:D.iNr;F'~Ri~itsiji)NING: F~i;;$ip~NCi:l~Ci<F)Ûi$.. """""""""""""""""""":.1~9~.20Q',(.::':':""""""""""""""""'" 22j)f)1~ .:200L. .:::2003. . . . . . . . .::10ð4 Mt~~C .. .. :Mt~~{. . .;4Çtq~C. . aal,¡(J!Prl . AAc;W~/~ . 114,042 $ 235,933 $ 134,380 $ 117,094 $ 68,435 67,205 76,786 68,531 72,326 175,557 98,724 108,771 94,599 108,392 110,590 91,446 119,843 73,435 93,810 137,906 69,065 113,178 104,776 102,356 119,897 100,012 164,763 188,806 137,109 147,090 76,038 110,974 134,493 103,621 98,434 99,766 138,017 110,152 102,965 117,666 162,977 84,066 116,571 116,178 169,636 51,303 118,473 70,508 79,543 - 53,826 85,987 109,983 78,197 - 67,060 132,036 87,010 82,419 - 879,275 $ 1,152,330 $ 1,025,743 $ 953,851 $ 1,145,212 $ 1,051,463 $ 1,488,826 $ 1,293,244 $ 1,194,009 $ 1,145,212 1,763,430 1,750,233 1,894,487 1,779,019 1,873,904 49.9% 65.8% 54.1% 53.6% 61.1% .. . . . . . .2fXJ4SUdge(::: . . . . . $V~ ri~iW~ ~ $ Va:j(~;1Çfi $ (48,658) -41.6% 103,230 142.7% 2,198 2.0% 44,097 47.0% 17,541 17.1% 9,980 7.3% (5,186) -5.0% 14,702 14.3% 53,458 46.0% - - - - - - 191,361 20.1% na na na na na na .. Expenditures include Community Development Admin, Planning, and Building. The table below presents a synopsis of year-to-date building permit activity for new construction between 2002 and 2004: Building Division - Permit Activity YTD Through September, 2004 2002 2002 2003 2003 2004 2004 ::ìYP~~fJiè¡:¡j¡¡t:. :::Nó,:: viiiri~($V :::Nó,:: Y~I¡¡~($) ¡'<ii. Y;iIÌi~($)~ New Residential (Platted) 120 $ 25,601,217 116 $ 27,167,563 84 $ 18,279,527 New Commercial 19 35,658,686 12 6,602,868 20 39,773,669 New Multi-Family Units I I 1,042,389 New Public Subtotal -New Construction 140 $ 61,259,903 129 $ 34,812,820 104 $ 58,053,196 Manufactured Homes Residential Alterations 124 2,726,792 115 3,269,278 106 3,591,328 Commercial Alterations 326 18,322,279 187 14,417,077 235 14,139,500 Plumbing Only 71 81 75 Mechanical Only 234 967,717 256 1,217,959 295 1,471,272 Misc. Building Permits Subtotal - Alterations 755 $ 22,016,788 639 $ 18,904,314 711 $ 19,202,100 Electrical Permits 962 822 897 Total Building Permits 1857 $ 83,276,691 1590 $ 53,717,134 1712 $ 77 ,255,296 Non-Building Permits: Sign Permits 181 625,109 173 334,534 166 437,143 Totals 181 $ 625,109 173 $ 334,534 166 $ 437,143 Total Commercial Yaluation 345 $ 53,980,965 199 $ 21,019,945 255 $ 53,913,169 ICommercial as a % of Total 19% 65% 13% 39% 15% 70% * Includes all new, alteration 8 J to Citv of Federal Wav September 2004 Ouarterlv Financial Reoort ROW Permits and Fees Overall Public Works permits and fees collected through September total $251K, which is $39K or 14% below the ytd budget of $290K. Right-of-way permits collected total $70K which is $81K or 54% below the ytd budget of $150K. Plan review fees collected total $102K which is $IK or 1% above the ytd budget of$10IK. Public works inspection fees of$80K is $41K or 103% above the ytd budget of$39K. Revenues collected for expedited review total $17K and are not included in this table. .'.' January February March April May June July August September October November December Year-to-Date Total Annual Total Monthly Average 1~~~ Á-Úiial $ 19.293 $ 16,802 38,782 16,286 12.147 17,944 10,644 23.777 10,346 14,652 18,508 38,690 $ 166,021 $ $ 237,871 $ 19,823 """"""""""""""""""""'........... . . : p,ušilc iiV.o~Kš i?ÚU.frTSÆ;I;ÅN rŒviÊw:i;NšpiÚjiìóN.FE~s . . """"""""""""""""""""'.:1~~~2Óli~.:"'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.' :.:~.. : : },i;j¡j¡j( 23,523 $ 17,837 22.290 22,313 45,771 24,811 13,887 21,405 22,846 17.754 19,801 8,163 214,683 $ 260,401 $ 21,700 :";lDØt:: ..""'" :':ACflilir.: 44,253 $ 29.361 12,940 23,964 32,040 37,544 29,732 49,974 22.312 17,687 25,232 39,532 282,118 $ 364,569 $ 30,381 . !qq2~ :::A<;tÌiiti:: 39.039 $ 13,302 11,707 23,975 51.651 17,263 14,223 36.986 21,169 11,332 17,465 41.369 229,313 $ 299,479 $ 24,957 J () :::200:r: . :. Actilil¡':' 31.391 $ 16,851 76,604 14,823 26,878 29.063 22,556 25,430 41,158 14,878 14,439 82,170 284,754 $ 396,240 $ 33,020 ::20~: B¡jdg~t: 36,426 $ 28,794 36.098 36,275 32,401 31,807 27,485 32.648 28,540 22,820 26,778 37.223 290,475 $ 377,296 31,441 ......::2004S!idgØV....... ::Aiifi¡iii: :$vj¡;¡iiiii:ii:: ':::%vj¡;¡iiiii:ii: 21.128 $ (15.299) -42.0% 34,076 5,282 18.3% 28.113 (7,985) -22.1% 21,779 (14,496) -40.0% 23,236 (9,165) -28.3% 41,327 9,520 29.9% 13,662 (13,823) -50.3% 27.251 (5,398) -16.5% 40,489 11,949 41.9% - - - - - - 251,061 $ (39,414) -13.6% na na na 27,896 9 Citv of Federal Wav September 2004 Ouarterlv Financial Report Court Revenue Including probation revenue, the total collected through September amounts to $863K which is $14K or 2% below last year's collections. Court filings (which the City is compensated on) are down 15% ytd from 2003. Additionally the City's share of total municipal court revenue is down 3% ytd from 2003 due to state legislative action, which resulted in decreased revenue to the City. A recent Supreme Court ruling prevents the police from issuing citations or impounding vehicles for Driving While License Suspended 3 degree (DWLS 3). As a result the loss of the DWLS cases will cause a decrease in court revenue. DWLS 3 comprises 33% of the court's criminal caseload. . .fJi:'Qb¡i~iQ!i $ørvjÇ(i$.. . . .Y1DT9t!tI. . . .~oo.4 :. .. ~harig~fr()rri 8i:iCl9~'. : .thru September. .>BildgeV:. .'.'..ACtuaL ."$.Vai..: ..S.Vai'. Revenue $ 160,000 $ 247,092 $ 87,092 54.4% Expenses 156,667 212,940 (56,273) -35.9% Net Revenue S 3,333 $ 34,152 na na COURT REVENUE .... .... BvMonth Budget (less Probation) $854,000 $949.,700 $893;478 $905,875 $908,813 $943,975 I 1999 2000 2001 2002 2003 2004 2004 Budget Month Actual Actual Actual Actual Actual Budget Actual $ Yar "!oYar January $ 62,565 $ 61,809 "$ 78,577 $ 48,982 $ 55,490 $ 70,457 $ 65,393 ($5,064) -7.2% February 66,562 83,491 70,573 57.256 78,815 81,324 $ 72,879 (8,445) -10.4% March 84,643 83,707 74,074 69.769 82.635 90,415 $ 72,423 (17,992) -19.9% April 82,673 74,273 77,631 72,609 73,723 87,549 $ 72,468 (15,081) -17.2% May 61,106 75,541 82,169 46,487 67,131 75,769 $ 68,128 (7,641) -10.1% June 72,121 73.046 73,812 49,004 77,763 78,842 $ 72,420 (6,422) -8.1% July 61,536 71,957 59,668 65,189 70,613 75,393 $ 75,816 423 0.6% August 71.255 97,179 71.793 68,659 57.817 83,913 $ 69,263 (14,651) -17.5% September 62,059 71.311 67,015 55.775 64,752 73,418 $ 47,323 (26,095) -35.5% October 58,199 60,635 62,650 79,013 77,681 77,939 $ - November 64,346 71,783 52.340 67,344 61,858 72,953 $ - December 58,863 65,100 45,386 66,133 97,011 76,004 $ - Year-to-date Total $ 624,519 $ 692,316 $ 655,312 $ 533,731 $ 628,739 $ 717,079 $ 616,112 $ (100,967) -14.1% Probation Services - - 96,448 226,465 275,253 160.000 247,092 87,092 54.4% Traff Schl Adm Fee - - 31.986 12,071 - - - - 0.0% Year-to-date Total $624,519 $692,316 $783,747 $772,267 $903,992 877,079 $863,204 ($13,875) -1.6% Year-to-date % Change nla 11% 13% -1% 17% -3% -5% IlIa Annual Total $805,928 $889,832 $1,007,514 $1,047,397 $1,239,552 $1,183.975 . Included in Court Revenue are Probation Services and remittances from District Court for 'Shared Court Costs-. 'Court Record Services" and Other Court-related miscellaneous revenue. Traffic School is now included in Police Revenues. Traffic and non-parking fines total $382K and is $35K or 8% below the ytd budget, and compared to ytd 2003, collections are below by 1 %. Parking infractions total $28K and is $l6K or 36% below the ytd budget, and compared to ytd 2003, collections are below by 36%. DUI and other misdemeanors total $l07K and is $l5K or 12% below the ytd budget, and compared to ytd 2003, collections are above by 4%. Criminal costs total $52K and is $21K or 29% below the ytd budget, and compared to ytd 2003, collections are above by 1 %. ..COÙRTREVENliE.: ............... """ . .. .------------------------------~------------,---~---~--~---~-+---~~!~~~?-ry.r!'!~~~-~~~Ï=1~hj~=i:=j:~=j~~t=j~=:==j===:~-~==:~~t~[~~J~==:=== Civil Penalties Traffic & Non-Parkin9 Parking Infractions DUI & Other Misd Criminal Traffic Misd Criminal Costs' Shared Court Costs Subtotal 1ØØØ 4,514 368.652 45,795 82,682 40.392 75,293 7,192 624,519 .. .Zò:óø: :: 4.206 402,460 38,342 118.966 45,768 76,131 6,443 692,316 Probation Services Trail Schl Adm Fee Total 624,519 692,316 . CrimInal costs Include scleenel fees. 21>1>1. 5,373 371,035 49,792 120,163 40,074 63,085 5,792 655,312 96,448 31.986 783,747 ~QQZ 4,460 303,126 22,723 110.817 45,739 43,513 3,352 533,731 226,465 12,071 772,267 J/L .20Ò~ 4,560 384.936 44,319 102.870 35.244 52,696 4,113 628,739 275.253 "".... ... .. . ......... . Arin\ial BUdget. . 7,417 552,703 52,458 164,459 73,007 87,965 5,966 943,975 240,000 28,200 106.977 34,293 52,202 3,498 616,112 247,092 ........... Y1'!lB~dg~i 5,168 416.913 44,315 122,090 49,777 73,032 5,783 717,079 160,000 ..Ai;tli;i~.. 8,662 382,280 903,992 1,183,975 877,079 863,204 .: $)i~r'. 3,494 (34,633) (16,115) (15.113) (15,484) (20,830) (2,285) (100,967) 87,092 (13,875) . o¡'i(i¡r 67.6% -8.3% -36.4% -12.4% -31.1% -28.5% -39.5% -14.1% 54.4% 0.0% -1.6% 10 Citv of Federal Wav September 2004 Ouarterlv Financial Report OPERATING KXPENIJITURES Operating funds expenditures through September total $30.5M or 67% of the annual operating budget of $45.4M. Operating expenditures are below the ytd budget of$32.1M by $1.6M or 5%. IlJ~~~ City Council City Manager Municipal Court-Operations Management Services CivillCriminal Legal Services Comm. Development Svcs Police Services Jail Services Parks and Recreation Public Works City Overlay Program Solid Waste Hotel/Motel Lodging Tax Surface Water Management Debt Service Dumas Bay Centre Knutzen Family Theatre Subtotal Operating Expenditures Other Financing Uses' Total Expenditures & Other Uses EXPENDITURE SUMMARY BY DEPARTMENT Period Ending September 30, 2004 ......"'" ........... ..::2002:::::::::: .:::2003::.. A.:ÌlJal:: . .Aêtu~i.. .. $ 234,201 $ 253,966 $ 528,593 486,397 935,380 1,006,380 1,226,754 1,272,304 864,016 868,696 2,166,008 2,396,612 10,158,486 11,014,581 739,093 801,872 2,333,390 2,643,372 2,631,180 2,495,746 1,610,010 1,465,278 214,908 203,291 76,572 62,946 1,282,399 1,442,401 2,234,343 2,392,088 379,518 371,649 109,862 142,343 27,724,713 29,319,922 8,125,628 15,818,454 $35,850,341 $45,138,376 rOther Financing Uses are those activities considered one time In nature. .::~Ø~:~¡;'vìsÌ!i:f::Jù(1g&t.:.. :::::..::::::::::::::.'. '::::Trn-ough:::.. :.Mn~al.:.... .::septernber.'. 288,288 $ 242,162 868,888 655,568 1,349,066 1,047,373 2,043,473 1,482,916 1,427,447 1,053,585 3,776,077 2,736,916 15,919,130 11,525,310 1,384,060 975,083 4,042,762 3,047,311 4,031,639 2,873,507 1,270,632 1,120,114 367,661 255,025 350,999 131,491 2,480,447 1,762,868 5,069,631 2,682,541 501,630 379,864 179,177 129,736 45,351,006 32,101,369 17,153,703 14,746,170 $62,504,709 $46,847,540 A~~I$.. ....~~.:W!1~rii::e:.. ...::through::::: : Fåvmbie (UnfåvmbJe) ...S~pterribet-.. .'.'.'.'.'...$...""""" """...%..""" $ 242,135 $ 27 0.0% 595,241 60,327 9.2% 984,342 63,031 6.0% 1,422,448 60,468 4.1 % 895,294 158,291 15.0% 2,455,249 281,667 10.3% 11,355,471 169,839 1.5% 716,422 258,661 26.5% 2,855,469 191,842 6.3% 2,678,606 194,901 6.8% 1,120,114 - 0.0% 210,626 44,399 17.4% 131,491 - 0.0% 1,677,592 85,276 4.8% 2,682,541 - 0.0% 354,931 24,933 6.6% 150,067 (20,332) -15.7% 30,528,038 1,573,331 4.9% 14,746,170 - nla $ 45,274,209 $ 1,573,331 3.4% City Council City Council expenditures total $242K, which is below the ytd budget total of $242K by $27 or less than 1 %. One-time funded programs include PSRC/ACC participation ($39K). City Manager Activity through September totals $595K, which is below the ytd budget total of $656K by $60K or 9%. The favorable variance of expenditures to budget is due primarily to timing differences on one-time funded programs such as contract lobbyist/city video ($80K) and printing & photo services for the City's newsletters ($46K). Municipal Court Municipal Court expenditures total $984K, which is below the ytd budget total of $1.O5M by $63K or 6%. Management Services Management Services expenditures through September total $1.42M, which is below the ytd budget total of $1.48M by $60K or 4%. The favorable variance of expenditures to budget is due primarily to favorable variances for one-time funded programs such as cable franchise negotiation ($50K), payroll system ($21K), job advertisements ($35K), and employee educational assistance ($12K). Civil/Criminal Legal Law expenditures through September total $895K, which is below the ytd budget total of $1,054K by $158K or 15%. The favorable variance of expenditures to budget is due primarily to favorable variances for one-time funded programs such as domestic violence assistance ($60K) and labor negotiations ($50K). J/3 II Citv of Federal Wav September 2004 Ouarterlv Financial Report Community Development Community Development expenditures through September total $2.46M, which is below the ytd budget total of$2.74M by $282K or 10%. The favorable variance of expenditures to budget is due primarily to favorable variances for one-time funded programs. These programs include neighborhood matching grant ($20K), CERT and volunteer program ($9K), human services contracts ($76K), employee and human services contributions ($46K), human service comp plan ($50K), association dues «$9K), shoreline inventory ($40K), abatement ($6K), permit process intern ($15K), code amendments ($90K), business park zone study ($40K), consult state grant ($52K), planned action SEPA ($161K), and upgrades to the permit computer system ($110K). Hotel/Motel Lodging Tax Ytd expenditures total $131K and are comprised of tourism promotion ($28K), General Fund admin fees ($10K), Korean Cultural & Sports Festival ($36K), events planning-Women's Marathon/Sporting Event ($22K), Farmers Market ($22K), distribution of rack cards ($3K), Tourism Enhancement Grants ($9K), and misc. ($lK). Overall revenues total $104K and are made up of hotel/motel tax ($1O2K), interest earnings ($2K), and postcard sales of($23). Community Development Block Grant The following tables summarizes City and King County managed CDBG projects through 2nd quarter, 2004. COMMUNITY DEVELOPMENT BLOCK GRANT CITY MANAGED PROJECTS Activity Summary Report for the Period Ending June 30, 2004 Program Total 2004 2004 Ending Description Grant Award Begin Bal Expend Balance 2002 Program (open project) 23rd Ave S at 314th St Street Improvements 195,000 189,795 28,730 161,065 Total 2002 195,000 189,795 28,730 161,065 2003 Program (open projects) - - - - 978 FW Consolidated HCD Plan 43,442 39,414 29,706 9,708 145 Westway Street Lighting Project 160,000 159,776 10,774 149,002 Thompson/Armstrong Park-FW Parks (C03373 75,000 75,000 - 75,000 979 Multi-Service Center Employment Services Proj 103,050 95,854 38,918 56,936 Total 2003 381,492 370,044 79,398 290,646 2004 Program - - - - 961 Planning & Administration 84,579 84,579 35,431 49,148 983 Big Brothers, Big Sisters of King & Pierce Coun 16,743 16,743 4,286 12,457 982 Catholic Community Services - Katherine's Hou 5,000 5,000 - 5,000 962 CARES 31,006 31,006 15,503 15,503 971 Emergency Feeding 5,764 5,764 2,882 2,882 972 Community Health Centers of King County Den 14,338 14,338 7,169 7,169 974 PACT - Parents and Children Together 9,527 9,527 4,763 4,764 975 FW Senior Center Adult Day Health 11,980 11,980 5,990 5,990 980 Korean Women's Association - Parenting Class 5,000 5,000 - 5,000 984 Multi-Care Health Systems - Adult Day Health 7,669 7,669 3,835 3,834 981 ElderHealth NW - Connection Adult Health Can 7,669 7,669 - 7,669 Total 2004 199,275 199,275 79,859 119,416 Total City Managed Projects $ 775,767 $ 759,114 $ 187,987 $ 571,127 ~Ii 12 Citv of Federal Way September 2004 Quarterlv Financial Report COMMUNITY DEVELOPMENT BLOCK GRANT KING COUNTY MANAGED PROJECTS Activity Summary Report for the Period Ending June 30, 2004 Begin Bal Program Total L.T.D L.T.D" Remaining 2004 Ending Description Grant Award Expenditures RecaptRolI for Exp-2004 Expend Balance 2000 Catholic Community Services Transitional Shelter (C99756) 15,000 - - 15,000 15,000 - Habitat for Humanity Site Acquisition (C99767) 15,000 - 15,000 30,000 - 30,000 Housing Repair Program (CO06331 140,000 138,015 - 1,985 386 1,599 Total 2000 $170,000 $138,015 $15,000 $46,985 $15,386 31,599 2001 King County Home Repair Program (C01633) 120,000 115,665 - 1,761 (338) 2,099 HomeSight (C98391 1 150,000 - 150,000 150,000 - Total 2001 $270,000 $115,665 $0 $151,761 $149,662 $2,099 2002 King County Home Repair Program (C02633) 120,000 82,592 1,050 2,099 - 2,099 Lutheran Social Services - Intergenerational Campus (CO1709) 5,000 - - 5,000 - 5,000 Federal Wav Bovs & Girls Club - Rehab 123,755 - - 123,755 - 123,755 Total 2002 $248,755 $82,592 $1,050 $130,854 $0 $130,854 2003 McEachern House Rehabilitation (C03899) 15,000 - - 15,000 - 15,000 King County Home Repair Program(C03633) 120,000 138,377 (18,377) - - - FUSION (C03277) 207,254 - - 207,254 207.254 - Children's Therapy Center (C02783) 30,000 - - 30,000 27,000 3,000 Ocean Ridge Apartments Child Care IC033741 99,999 - (99,9991 - - - Total 2003 $472,253 $138,377 ($118,376) $252,254 $234,254 $18,000 2004 Abused Deaf Women's Advocacy Service Facility (C03102) 80,914 - - 80,914 80,914 - King County Home Repair Program(C03633) 94,669 - 18,377 113,046 29,693 83,353 FUSION (C04129) 24,640 - - 24,640 - 24,640 Children's Therapy Center (C02783) 36,989 - - 36,989 - 36,989 Birth to Three Development Center Acquisition (C04119) 138,710 - - 138,710 - 138,710 Boys & Girls Club of King County Youth Development Center EX3 (C04128) 199,999 - - 199,999 - 199,999 Boys & Girls Club of King County Playground Construction (C04124) 56,000 - - 56,000 - 56,000 Multi-Service Center Garden Parks Anartment AcQuisition (C04 138,710 - 138,710 - 138,710 Total 2004 $770,631 $0 $18,377 $789,008 $110,607 $678,401 Total Projects Managed by KC $1,931,639 $474,649 ($83,949) $1,370,862 $509,909 $860,953 . Reflect funds that have either been recaptured (unexpended funds are put back in the pot and reallocated in future years for city's use) or . rolled over (balance is carried over to the next year and added to similar project, such as Housing Rehab.) Police Services Police Services have expended $11.36M through September, which is below the ytd estimated budget of $11.53M by $170K or 2%. The favorable variance of expenditures to budget is due primarily to personnel costs. .'.'. ..F'iJ~Iic.~~fetyPerš()nn~IG~~ts... '.'. . .2QQ4. rr.[)Tl\ru$~pt~",~er ~I); ~I)O4. $ Variance % Variance Favorable Favorable Annual Budget YTD Budget YTD Actual (Unfavorable) (Unfavorable) Salaries/Wages 8,886,235 6,664,676 6,412,411 252,266 3.8% P3 555,860 555,860 327,717 228,143 41.0% Temp Help/On-Call/Field- Training 39,423 29,567 8,279 21,288 72.0% Overtime 255,000 191,250 387,424 (196,174) -102.6% Termination Pay - - 4,893 (4,893) n/a Benefits 2,327,616 1,745,712 1,738,983 6,729 0.4% Subtotal 12,064,134 9,187,066 8,879,707 307,359 3.3% Traffic School OT 57,000 42,750 46,728 (3,978) -9.3% Total Personnel Costs 12,121,134 9,229,816 8,926,435 303,381 3.3% ,)/Ç 13 Citv of Federal Wav September 2004 Ouarterlv Financial Report Year-to-date Police overtime is 16% or approximately $60K below the same period last year. There is a $19K increase in overtime for contracted services and the homeland security programs. When the increase from the billable overtime is included the total overtime is decreased by 9% or around $40K for the fIrst nine months of the year. Court related overtime accounts for $31K or 7.9% of 2004's total overtime. The court case flow work group is currently evaluating opportunities to reduce police overtime for court appearances. PS Overtime By Type Type 2003 2004 $ % Training 20,245 21,110 865 4% Court 38,080 30,519 (7,561) -20% Field Operation 261,036 214,029 (47,007) -18% SOAP 2,274 (2,274) -100% Other 44,321 40,753 (3,568) -8% City Portion 365,957 306,411 (59,546) -16% Contract or Grant $ 56,234 $ 81,013 24,779 44% Homeland Sec. 5,347 (5,347) 0% Billable 61,581 81,013 19,432 32% Grand Total $ 427,538 $387,424 $ (40,114) -9% As shown by the month-to-month overtime comparison graph, 2004 montWy expenses declined over the levels from 2003 through May. In June and July the 2004 expenses climbed above the June and July 2003 expenses. August and September 2004 saw the monthly expenses decline in comparison to the August and September 2003 levels. Police Overtime Expense $80,000 -II- 2003 -.- 2004 $70,000 $60,000 $50,000 (J ~$40,OOO 0 $30,000 $20,000 $10,000 $0 Jan Feb Mar Apr May Jun Month Jul Aug Sep The following is an analysis on traffic school activity. Through September, revenues total $lnK, while expenditures total $66K. . .Traffic.Schooiþ.ctì:vity... .. 'vrP 'ttii¡;¡søpt,~ro~¡:...' Revenue Change from 2003 1999'. . . . .2OQO> . .2001... . . . . .2002... . . . . ....2003.. .. .. .>2004<. .. .$Chg> '.'%Chg< $ 44,900 $ 61,275 $ 82,656 $ 58,212 $ 169,224 $ 172,137 $ 2,913 1.7% Expenditures: Overtime Supplies TravelfTraining Other Charges Court Costs Capital Other Total Expenditures - 32,447 1,005 32,504 700 2,504 163 27,918 15,504 7,358 1,004 38,864 3,932 295 195 46,728 8,829 9,132 1,613 (7,864) (4,897) (8,837) (1,418) 14,653 - - - - - - - -20.2% -124.5% -2995.7% -727.1% nfa nfa n/a -53.2% 2,739 266 - 387 - - - 3,958 - - - - - - - - - - 17,658 33,839 35,871 55,742 43,286 66,302 (23,016) (Jl~ 14 Citv of Federal Wav September 2004 Ouarterlv Financial Report Jail Services The table below compares activity through August as September invoices have not been received. Jail Services is below the ytd budget of$975K by $259K or 26.5%. r .. . January February March I\pril May June July I\ugust September October November December YTD Total Grand Total ... . : :J~;' :Serv~t1$ i3.yMf'J,i,fh::: . . . '>Yii)itiniAiIguši:' I .. . '.'.'.'.'.'. ...>2~:... '.'.'.'.'. ..ÇiÙjrige;,OtiJBi:id.g~t> .:Sudriet:::.:..:.:::Actii<iL. . . . .:<$Va(::."%:Vat::: $ 114,278 $ 84,767 $ 29,511 25.8% 115,404 81,184 34,220 29.7% 123,975 105,967 18,008 14.5% 123,922 104,278 19,643 15.9% 129,705 91,051 38,654 29.8% 122,149 75,474 46,675 38.2% 128,504 83,270 45,234 35.2% 117,146 90,430 26,716 22.8% 109,569 - - 0.0% 104,296 - - 0.0% 97,974 - - 0.0% 97,137 - - 0.0% 975,083 $ 716,422 $ 258,661 26.5% 1,384,060 . . :::1!99: > . . . . . $ 94,333 $ $ 90,164 $ $ 121,485 $ $ 125,588 $ $ 149,750 $ $ 150,656 $ $ 183,945 $ $ 163,973 $ $ 108,393 $ $ 115,714 $ $ 113,844 $ $ 111,013 $ $ 1,079,895 $ $ 1,528,859 $ 2000> .. ... 120,003 $ 128,139 $ 144,080 $ 138,973 $ 160,082 $ 124,017 $ 122,690 $ 108,249 $ 104,715 $ 110,104 $ 114,645 $ 101,125 $ 1,046,234 $ 1,476,823 $ :::200f......:::'2002:>...... 111,723 $ 108,739 $ 116,334 $ 112,436 $ 120,793 $ 99,516 $ 129,903 $ 84,259 $ 121,097 $ 75,907 $ 121,974 $ 74,045 $ 102,848 $ 92,830 $ 94,176 $ 91,360 $ 115,010 $ 89,959 $ 98,208 $ 79,586 $ 72,631 $ 84,463 $ 88,610 $ 78,485 $ 918,848 $ 739,093 $ 1,293,306 $ 1,071,585 $ <2003:::. . 92,944 86,453 95,849 104,660 110,778 108,047 107,300 95,840 91,957 86,502 75,775 77,142 801,872 $ 1,133,248 $ Parks and Recreation Parks Operations expenditures through September total $2.86M, which is $192K or 6% below the ytd budget of $3.05M. The favorable variance of expenditures to budget is due primarily to favorable variances for one-time funded programs. One-Time funded programs include: maintenance contract ($25K), facilities repair and maintenance ($32K), senior services ($25K), Arts Commission-contract for services program ($25K), Arts Commission contract carry-forward ($23K), and registration system upgrades ($5K). Of the total $138K I-time budget, only $67K or 48% has been spent through 3rd quarter. Additionally Facilities Maintenance had a favorable variance of expenditures to budget. The growth in Senior Services revenue is due to the popularity of the trips and tours program. Recreation Inc program growth is due to increased registration as the program has become better known in the area. The number of programs offered has been slowly increased based on interest. Recreation and Cultural Services: Direct program expenditures total $901K or 66.1 % of the total annual budget of $1.36M not including indirect costs. Including indirect administration costs, recreation expenditures total $1.16M and are 67.2% of the total annual budget of $1. 73M. Recreation fees total $707K and are 77 .9% of the total annual budget of $907K. Recreation fees have recovered 78.5% of direct program costs and is 11.9% above the annual budgeted recovery ratio of 66.6%. Considering indirect administration costs, the recovery ratio is reduced to 60.7% or 8.3% above the annual budgeted recovery ratio of 52.4%. Dumas Bay Centre Dumas Bay Centre operating revenues of $357K are down by $22K or 6% compared to the ytd budget of $378K. Operating expenditures through September total $355K, which is $25K or 7% below the ytd budget of $379.9K. Dumas Bay Centre has recovered 100.5% of its operating expenses. Knutzen Theatre Operating revenues of $73K are up $22K or 44% compared to the ytd budget of $51K. Operating expenditures through September total $150K, which is $20K or 16% above the ytd budget of $130K. Knutzen Theatre has recovered 48.5% of its operating expenses. Electrical repair & maintenance expenditures were made for the winches, which are not expected to recur in the near future. 15 J/l City of Federal Waf September 2004 Ouarterlv Financial Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ~~C~~Åj!q~~. GiA'F¡j~$ERV'CEPRO~AAM$AN.~Dt)~~. BAY ë~N~~PERi=qRMANC~... '.' .'.'.'.'.'.'.'.'.'. '.'.'.'.'.'.'.'.' ...........'.'..ifê.å., toD~iøTtiroiÚih.September2004.' .'.'.'.'.'.'.'.'.'.'. '.'.'.'.'.' .'.'.'.' .'.'.' .'.'.'.' . .Revenues...'.. . . . "'.T.'.. . '..Expendítu,.e:s. . . . "RëCoVè;yRáìtOo/".. Biiøg~~I.Ac~~' ...>%j. .l;Jucig~>l"~Aç~qai.l".%E3ii(;lge.t . 'ActiJ~>. RECREATION & CULTURAL SERVICE PROGRAMS 1,404 70.2% 20,626 76,751 87.1% 108,667 55,218 93.9% 87,565 180,335 90.6% 113,742 134,246 80.9% 138,325 21,800 76.5% 90,993 35,172 198.7% 53,764 725 145.0% 1,800 35,689 144.5% 41,200 19,378 253.3% 84,280 145,865 46.5% 620,614 706,583 77.9"1. $ 1 ,361,576 $ - 0.0% 369,929 DUMAS BAY CENTRE Dumas Bay Centre 1 496,750 I 356,759 1 71.8%1 501,630 I 354,931 I 70.8%1 99.0%1 100.5% Knutzen Family Theatre 1 76,601 1 72,835 1 95.1%1 179,1771 150,067 1 83.8%1 42.8%1 48.5% ........... ..Pi:Qi¡¡'~m.. Steel Lake Aquatics Arts & Special Events Youth Athletics Adult Athletics Community Recreation Community Center Recreation Inc Youth Commission Red, White & Blue' Senior Services Kenneth Jones Pool Subtotal Administration 1 TOTAL RECREATION 2,000 88,100 58,800 199,000 166,000 28,500 17,700 500 24,700 7,650 314,000 906,950 $ $ - 706,583 I 1$ 906,950 1 $ 77.9%1 $ 1,731,505 1 $ I TOTAL DUMAS BAY CENTRE I $ Arts Commission GRAND TOTAL 429,593 I 680,807 I $ 93,529 2,505,841 $ 23,937 84,901 38,693 101,713 144,611 63,806 34,413 1,575 49,261 52,046 305,639 900,596 263,577 1,164,1721 504,998 I 24,736 1,693,907 116.1% 78.1% 44.2% 89.4% 104.5% 70.1% 64.0% 87.5% 119.6% 61.8% 49.2% 66.1% 71.3% 67.2%1 9.7% 81.1% 67.2% 175.0% 120.0% 31.3% 32.9% 27.8% 60.0% 9.1% 50.6% 66.6% n/a 52.4%1 5.9% 90.4% 142.7% 177.3% 92.8% 34.2% 102.2% 46.0% nla 37.2% 47.7% 78.5% n/a 60.7%1 Expenditures do not include residual equity transfers or other Interfund contributions. . Red, White & Blue revenues inciude King County grant revenues for 2003 which were booked in 2004. Accrual reversais in December. 2004 will reverse out these revenues. Kenneth Jones Pool Ytd pool expenditures total $306K, revenues total $306K. .KØn"~ti)JQòe$ .pQOr. .perc;ty!sFi;j~;;cifJjs.' . Operating Revenue Transfer-In from Utility Tax Total Oper Rev & Other Sources Salaries & Benefits Supplies Utilities Professional Services Travel & Training Other Services & Charges Intergovernmental Capitallmprovements/Maintenance Interfund Charges Total Oper Expenditures ...Alii1~r' .......... BiJ(jget . . . 314,000 309,000 623,000 $ $ 620,614 $ Rev Over/(Under) Exp 2,386 JIÐ .....ACtu~L..... """"""""" . .YT[l~epteit\bet.. $ 157,503 148,137 305,639 203,212 5,403 74,829 933 2,821 2,157 421 5,272 10,592 305,639 - 16 Citv of Federal Wav September 2004 Ouarterlv Financial Report Celebration Park The following table is a breakdown of Celebration Park revenues and expenditures. Ytd revenues of$385K consists of a $232K subsidy from the Utility Tax fund, $5K in concessions, and $148K from recreation revenues. The ball field, soccer field, and field light rentals are accounted for in youth and adult atWetic programs. M&O expenditures total $249K. .............. .:2004:.............. :AAi:iuaIBu~g:et:: ::YT:DsøptømÞ.e.r:: 102,980 19,427 1,846 500 ............................. . .............................. . :Cøi~bråt¡òO Pårk Opeiåtion$.: Adult Softball League Fees Adult Softball Tournament Rentals Youth Softball Tournament Rentals Softball Gate Fee Youth Softball Light Fees Adult Soccer League Fees Youth Soccer Tournament Rentals Soccer Field Rentals Soccer Field Lights Subtotal - Recreation Revenue Operating Revenue - Concession Fees Transfer-In from Utility Tax Total Oper Rev & Other Sources Salaries & Benefits Supplies Professional Services LeaseslRentals Electricity Water & Sewer Repairs & Maintenance Interfund Charges Total Oper Expenditures ............... .............. >2003 ACì;iâ¡ . . . 101,780 21,800 1,800 500 2,400 15,000 800 3,025 600 147,705 7,205 220,803 375,713 206,017 27,806 3,328 4,065 26,964 44,445 4,989 8,940 326,554 . . Rev Over/(Under) Exp 49,159 - 28,000 231,843 259,843 187,056 31,850 4,000 6,000 40,000 32,000 9,000 8,919 318,825 $ (58,982) - 21,390 2,025 - - 148,168 4,809 231,843 384,820 151,574 20,926 480 4,769 25,800 28,332 10,276 6,689 248,847 135,973 Note: Recreation Revenue is accounted for, budgeted, and managed under the Parks Department-Recreation Division. The Recreation Revenue shown is based on booking records for youth and adult softball and soccer games and associated fees. The Operating Revenue-Concession Fees and Operating Expenditures for Celebration Park are accounted for, budgeted, and managed under the Parks Department-Maintenance Division. Utility Taxes provide additional revenues for the operation of Celebration Park. Public Works Operations Public Works Operating expenditures are below the September ytd budget of $2.87M by $195K or 7%. The favorable variance of expenditures to budget is due primarily to favorable variances for one-time funded programs. These programs include: emergency management software ($17K), signal coordination grant ($23K), Silver Lk NTS & 320 S ($33K), tree replacement ($20K), and flatbed truck & retrofit ($50K). With more of the operations occurring late in summer with billings processed in the fall, more expenditures are expected in the next few months. Solid Waste and Recycling Operations Expenditures are below the September ytd budget of $255K by $44K or 17%. The favorable variance of expenditures to budget is due primarily to timing of grant programs. Surface Water Management Operations Expenditures are below the September ytd budget of $1.76M by $85K or 5%. The favorable variance of expenditures to budget is due primarily to favorable variances for one-time funded programs which include: ecosystem restoration project ($IOK) and Vactor cleaning service ($41K). Additionally there was a delay in the hiring for two positions which contributed to the favorable variance of expenditures to budget. JI9 17 Citv of Federal War Seotember 2004 Ouarterlr Financial Reoort The table below presents a year-to-date analysis of the Public Works and Surface Water Management (SWM) contracts with King County, WSDOT, and private vendors. Most ongoing maintenance takes place during the spring and summer months. .. . : :&.1. . :., : yn;J thi'it :seMemlJer :: ... .,... <Expenditures" ... > Budget .::« >::Actu.aF'., . . >:%:>. '.'. Emergency Management $ 7,500 $ (34,776) -463.7% Subtotal Administrative Services 7,500 (34,776) -463.7% Contracted Engineering Services 500 - 0.0% Expedited Plan Review (1) - 11 ,743 nla Subtotal Development Services 500 11,743 2348.7% Neighborhood Traffic Safety-Private Contract 40,000 - 0.0% Pavement Marking Maintenance-Private Contract 15,000 23,738 158.3% Access Management Retrofits 8,000 - 0.0% Contracted Engineering Services 8,000 29,548 369.4% Neighborhood Traffic Safety 10,000 - 0.0% Traffic Maintenance-King County 360,100 323,253 89.8% Traffic Impact Fee 5,047 - 0.0% Sutotal Traffic Services 446,147 376,539 84.4% Street Maintenance - Private Contractors (2) 261,382 72,935 27.9% Street Maintenance - WSDOT 50,036 17,477 34.9% Structure Maintenance (3) 119,367 119,367 100.0% Subtotal Street Systems 430,785 209,778 48.7% Pavement Management System 20,000 - 0.0% Subtotal Overlay Program 20,000 - 0.0% Solid Waste Litter Control 48,250 28,319 58.7% Subtotal Solid Waste 48,250 28,319 58.7% Water Utility Billing - KC 79,845 30,619 38.3% Watershed Interlocal Agreement - 8,311 nla State Highway Maintenance - WSDOT 20,000 8,738 43.7% Water Analysis 13,877 - 0.0% Str. Sweeping, Catch Basin, Manhole & Pipes 213,711 135,958 63.6% Total Surface Water Management 327,433 183,627 56.1% Snow & Ice Removal 26,200 2,815 10.7% Subtotal Snow & Ice Removal 26,200 2,815 10.7% Total Contractual Services $ 1,306,815 $ 778,046 59.5% (1) Expedited plan review service expenditures have matching revenues. (2) Private Contracts for streets maintenance/traffic control ($16,687), ROW vegetation, mowing and tree maintenance ($161,000), stump grinding, irrigation services, dangerous tree removal ($10,000), small works projects ($14,000), noxious weed control ($6,000), paving inspection services ($17,445), and tree replacement ($20,000). (3) Private Contractors for sidewalk, ramps, curb and gutter maintenance ($112,696) and fences, guardrails. barriers and retaining wall maintenance ($6,671). J2AJ 18 City of Federal Way September 2004 Quarterlv Financial Report CASH & INVESTMENTS The following table shows the in-house investment activity schedule and their related yields and comparison to benchmark. Per policy, the basis used by the City to determine whether market yields are being achieved is the range between the average 6 month US Treasury Bill (1.91%) and the State Investment Pool (1.52%). The current in-house investment yield is 2.61% which is greater than both benchmarks. Investment Schedule Seøtember. 2004 Settlement Investment Maturity Yield to Type Date Par Amount Cost . Date Maturity Aaencv - FNMA 3136F3V3 07/21/03 $ 800,000 $ 797,500 07/21/06 2.38% Aaency - FHLB 31339YZX3 08/14/03 $ 1,000,000 $ 1,000,000 08/14/06 2.52% Agency - FFCB 31331QN78 06/09/03 $ 1,000,000 $ 999,500 03/09/07 2.46% Aaencv - FNMA 3136F3VQ6 OS/27/03 $ 1,000,000 $ 1,000,750 OS/25/07 2.48% Aaency - FNMA 3136F3UT1 05/30/03 $ 1,000,000 $ 997,529 12/03/07 2.59% Aaencv - FHLMC 3128X1VW4 08/22/03 $ 900,000 $ 887,400 01/30/07 3.18% Averaqe Maturitv 434 AveraQe Yield to Maturity 2.61% AveraQe Yield - 6 mo. T -Bill 1.91% Municipal Investor Account $ 22,873,480 1 day 1.58% State Investment Pool $ 27,721,450 1 day 1.52% Averaqe Portfolio Maturitv & Yield 45 1.72% Total Investments $ 56,277,609 . The total invested balance at the end of September is $56.3M, which includes $27.7M in the state investment pool, $5.7M in-house investment purchases, and $22.9M in the Municipal Investor Accounts. The state pool is composed of agency coupons (4.2%), discount notes (63.5%), certificates of deposit (4.4%), treasury securities (6.7%) and repurchase agreements (21.3%). The City's total investment portfolio is made up 49% State Pool, 10% In-House Investments, and 41 % Municipal Investors Accounts. Investment Interest Rates Comparison For the Month of September Total Portfolio by Category September 30, 2004 4.0% , I 3.5% I.. - ; 3.0% I . 25% ¡ u_- 2.0% r-- 1.5% I.:, 1.0% I.". 05% ~ ~ 0.0% ! . State Investment Pool [J In-house Investment III Municipal Investor Account . Portfolio Average Municipal Invenstors Account 41% State Investment Pool 49% -~-= -~j .~.' l1li6 Month T-Bill In-House Invest (Agencies) 10% 2002 2003 2004 JLl 19 City of Federal Way Seotember 2004 Quarterly Financial Reoort DEBT SERVICE The following is a schedule of outstanding debt as of June 30, 2004: OUTSTANDING GENERAL OBLIGATION DEBT - As of June 30,2004 Amooot Outstanding Outstanding Fooding Date of Maturity Originally Debt as of Amooot Amooot Debt as of Callable Callable Description Pumose Sowœ Issue Date Interest Rate Issued 1/1/2004 Issued Redeerœd 6/3012004 Date Amooot General Obtif!;ation Bonds: Develop Saghalie 1993 limited Park REEf 14-100-93 I-Dee-O8 2.70- 5.70 2,390,000 1,000,000 - - 1,000,000 I-Dee-O3 1,000,000 Transport. & Street 1995 limited hrorove Proiects Utax 28-Dee-95 I-Dee-O5 3.90-4.75 5,000,000 1,280,000 - 1,280,000 - - Tnmsport. & Street 1996limited hrorove Proiects Utax 29-Feb-% I-Dee-O5 3.50 - 4.50 2,500,000 635,000 - - 635,000 - - Knutzen Theatre, Sportsfields, Downtown PS 1997limited Facility Utax 22-Apr-97 I-Dee-12 5.00 - 5.30 16,150,000 8,465,000 - (1,520,000) 6,945,000 I-Joo-06 3,660,000 Pwch Sl. Mainl. Mower & Dutrç 1999 COPS Truck REEf I-Aug-99 I-Joo-04 5.16 184,000 20,490 (20,490) - - - Valley Conrn (911 Dispatch)-Center 2000 limited Bldg & Eouimœnt REEf 12-SetHJQ I-Dee-15 5.31 2,551,600 2,193,000 - 2,193,000 - - Paragon Buililing GMAC Loan 2003 limited AssUl11Dtion GF 1-Jul-O3 I-Nov-O7 7.58 6,168,599 6,137,026 (274,349) 5.862,677 I-Apr-07 5,800,000 2003 limited Conrnunitv Center Utax 15-Nov-O3 I-Dee-33 4.67 - 15,000,000 - 15,000,000 - - Total General Obligation Debt $ 34,944,199 $ 34,730,516 $ $ (1,814,839) $ 32,915,677 10,460,000 Public Works Trost Fund Loan: .j-Aug-~4, SWM CIP-Kitts 24-Jul-96 & PwrL Comer Project SWM Q4-Sep-97 1-Jul-14 1.00 1,555,440 948,634 - - 948,634 - - SWM UP-Sealac Mall Detention 31-May&14 PwrL Proj. SWM Aug 1-Jul-19 1.00 2,475,000 1,537,916 1,537,916 - - Subtotal PwrFL 4,030,440 2,486,550 - - 2,486,550 - - Grand Total $ 38,974,639 $ 37,217,066 $ $ (1,814,839) $ 35,402,227 $ 10,460,000 Under RCW 39.36.020(2), The City Council may approve bond issues not to exceed 1.5% of the City's assessed valuation. In addition, the public may vote to approve bond issues for general government in an amount not to exceed 2.5% of the value of all taxable property within the City. The City's outstanding total general obligation debt is $32.9M at 06/30/04, including the note assumption for the acquisition of the new city hall facility and Community Center bond issue. This leaves the City with a remaining debt capacity without voter approval of $64M and an additional $63M that can be accessed with voter approval. The voter approved capacity is generally referred to as unlimited tax general obligation debt, which requires 60% voter approval and the election must have a voter turnout of at least 40% of those who voted in the last State general election. With this vote, the voter approves additional property tax be levied above and beyond the constitutional and statutory caps on property tax. In addition to these general purpose debt capacity, RCW 39.36.030(4) also allows voters to approve park facilities and utility bond issues, each limited to 2.5% of the City's assessed valuation. Therefore, legally the City can issue up to a total of 7.5% of the City's assessed valuation in bonds for $440M. The table to below shows the available debt capacity for the City as of June 30, 2004. J 21-- 20 ... c:()M.P:UT~ T1()t11C)FU"'JTJ\T!9N ()f: It4DI:E5TE)N.~~:: ...................:Jilhe30;:2004.................. General Purposes Excess Levy Excess Levy Total Councilmanic Excess Levy Open Space Utility Debt DESCRIPTION (Limited GO) (Unlimited GO) and Park Purooses Capacity AV= $6,262,874,389 (A) 1.50% $ 93,943,116 $ (93,943,116) 2.50% 156,571,860 156,571,860 156,571,860 $ 469,715,579 Add: Cash on hand for debt redemption (B) 2,715,158 - - - 2,715,158 Less: COPs outstanding - - - - - Bonds outstanding (32,915,677) - - - (32,915,677) REMAINING DEBT CAPACITY $ 63,742,597 $ 62,628,744 $ 156,571,860 $ 156,571,860 $ 439,515,060 GENERAL CAPACITY (C) $126,371,340 (A) Final 2003 Assessed Valuation. (B) Fund balance of $2,715,158 in debt service prefunding balance and $0 in utility tax fund. (C) Combined total for Councilmanic, and Excess Levy capacities. The Public Works Trust Fund Loans are the obligation of the Surface Water Utility and backed by the rates collected from users and are not considered as the City's general obligation debts nor are they subject to the limitation of indebtedness calculation. J1-J 21 Citv of Federal Wav Sevtember 2004 Ouarterlv Financial Revort FlINn ACTIVITY SUMMARY FF(¡iiÌl Êi~g#ii1irigFu~ ...Sillæ;ceåÙ/1f04... .. . . . GeneraUStreet Fund: $ 8,109,614 $ Debt Service Fund: (1) 2,599,652 Special Revenue: Arterial Street Utility Tax (1) Solid Waste & Recycling Special Study (Gov. TV) HotellMotel Lodging Tax 2% for the Arts (2) CDBG (3) Paths & Trails Subtotal Special Revenue Funds 483,750 803,062 142,776 29,723 216,999 9,710 9,795 1,695,816 Capital Project: Municipal Facility Downtown Revitalization Unallocated 1997 Bond Proceeds CommunitylSenior Center/Pool Celebration Park Park Improvements Surface Water Management Transportation Subtotal Capital Projects 6,923,229 17,087,417 115,735 829,123 6,538,635 8,369,009 39,863,147 Enterprise Funds: Surface Water Management (4) Dumas Bay Centre Operations Dumas Bay Centre Capital Knutzen Family Theatre Capital Knutzen Family Theatre Operations Subtotal Enterprise Funds 935,697 (22,234) 266,881 50,623 8,005 1,238,971 Internal Service Funds: (5) Risk Management Information Systems Mail & Duplication Fleet & Equipment Buildings & Furnishings Subtotal Internal Service Funds 4,014,558 1,876,477 162,878 2,248,095 55,516 8,357,524 . . """"'" ............ ... Revenue... .... ...... .. .. .."""""'" """""""""'" ............... """"""""" Èxpen(ltUies . Ne1Irtcorrielnt(Oùt). 23,656,996 $ 28,631,630 $ (4,974,634) $ 5,947,613 4,057,541 1,890,073 1,673,249 5,441,125 264,631 5,293 104,159 1,120,114 6,244,186 210,626 (22) 131,491 92,516 176,085 553,135 (803,062) 54,005 5,315 (27,332) (92,516) (126,960) 6,956 (430,458) - - 49,126 6,956 7,544,539 7,974,997 - 855,077 5,270,523 (4,415,446) - - - - - - 2,055,720 1,226 1,096,261 2,041,402 10,219,014 16,268,700 645,291 7,398 244,672 2,146,430 6,691,359 15,005,674 1,410,429 (6,172) 851,589 (105,028) 3,527,654 1,263,027 2,047,385 378,993 123,632 550 165,133 2,715,692 3,406,581 354,931 (1,359,196) 24,062 123,632 550 15,065 (1,195,887) - - 150,067 3,911,579 598,908 1,208,814 149,294 970,116 296,758 3,223,890 609,540 1,090,830 123,704 833,019 241,065 2,898,159 (10,632) 117,984 25,590 137,096 55,693 325,730 Total All Funds $ 61,864,723 $ 59,357,431 $ (1) Utility Tax and Debt Service fund balance is reserved for the payment of debt service. (2) 2% for the Arts deficit balance due to New City Hall, not yet budgeted. (3) CDBG Fund deficit balance due to timing of grant reimbursements. (4) SWM deficit balance due to timing of transfers to Capital Projects. (5) Internal Service fund balance is comprised of accumulated replacement reserves for the purpose of fixed asset replacement, with the exception of Risk Management, which is comprised of accumulated reserves for self-insurance and strategic reserve. 62,479,580 $ (3,122,149) $ JI~ """""" """""" '.. :9130/2004 3,134,980 4,489,724 1,036,885 - 196,781 35,038 189,667 (82,806) (117,164) 6,956 1,265,358 2,507,783 - - - - 18,497,846 109,562 1,680,712 6,433,607 11,896,663 41,126,174 (423,499) 1,828 390,513 51,172 23,070 43,084 4,003,927 1,994,461 188,468 2,385,191 111,208 8,683,254 58,742,575 22 Citv of Federal Wav September 2004 Ouarterlv Financial Report SUMMARY ATTACHMENT A ATTACHMENT A CITY OF FEDERAL WAY SUMMARY OF SOURCES AND USES OPERATING FUNDS Through September 2004 1999 - 2004 -. .- '-~~-, - -. ..-- .~-'..~.._~-- --=--... ~--.--. "2004 R"",;,JÕlld\Jel ---- -----¡¡¡:III"I' ~.~. -. ¡¡:;;-',;;',¡:¡;--" ï I T"rOIlO" """"U" ~;lv:"."II' 11J1I!.,.or,1bk, our"" U\e. 1999 2000 211111 2002 211113 A""",'I 5"lllellltlor 5"1>10Illllor Dull".. '5. Pore.". ,'0: : Beginning Fund Balance $ 17,580,138 $ 18,050,658 $ 20,817,900 $ 22,799,494 $ 24,598,825 $ 13,307,184 $ 13,338,452 $ 13,338,452 $ 0.0"10 Operating Revenues Property Taxes 3,706,823 3,823,994 4,089.276 4,354.669 4,424.548 8,107,771 4,584,620 4,584,620 0.0% Sales Tax 7.110.375 7,652.649 7,719,138 8,066,229 7,889,836 10,835.153 8,099,928 7,894,996 (204,932) -2,5% HotellMotel Lodging Tax 24,171 81.173 104,925 87,471 104,939 134,000 94.932 102.102 7.170 7.6% Criminal Justice Sales Tax 1,091,039 1,200,173 1.253,590 1,192,524 1,186,328 1,714,051 1,275,234 1.205.052 (70,182) -5.5% Intergovernmental 4,105,882 3,353,449 2,949,626 2,606.875 2.129,855 2,810,601 2.087,482 2.112,200 24.718 1.2% Real Estate Excise Tax 1,771.747 1.595,242 1,525.331 1,771,430 2,268.218 1,900,000 1,430,065 2,268,381 838,316 58.6% Gambling Taxes 1,077,887 1,149.639 1,675.338 1,550,399 1,457,579 1,850.000 1,381,547 1,058,699 (322,848) -23.4% Utility Taxes 3,926,436 4,170,187 4,643,259 4.728,552 5,217,332 7,253,021 5,476,393 5,661,813 185,419 3.4% Court Revenue 624,519 692,316 783,747 772,267 903,992 1,183,975 877,079 863,204 (13,875) -1.6% Buildln9 Permits/Fees-CD 1,079,587 797,586 879,275 1,152,330 1,025,743 1,194,009 953,851 1,145.212 191,361 20.1% Expedited Review Fees-CD 67,782 98,572 87.853 65.348 132,379 50,785 50,785 0.0% ROW Permits/Fees-PW 166,021 214.683 282.118 229.313 284,754 377,296 290.475 251,061 (39,414) -13.6% Expedited Review Fees-PW 46,424 36,016 17,617 44,358 28,118 17,371 17,371 0.0% Licenses 113,158 67,735 62,625 88,434 54,994 142.100 79,321 60,966 (18,356) -23.1% Francl1ise Fees 353.299 366,549 429,580 472,568 501,495 653,062 486,991 512,269 25,279 5.2% Passport Agency Fees 16,290 47.590 47,590 n/a Recreation Fees 509,655 460,836 498,365 536,264 597,246 934,950 801,671 711,391 (90,280) -11.3% Dumas Bay Centre 366,509 353,010 444,597 385,710 368,504 500,250 378,483 356,759 (21,724) -5.7% Knutzen Family Theatre 27,670 52,589 52,030 56,834 86,190 76,601 50,679 73,138 22,458 44.3% Interest Earnings 787.651 858,700 721,608 339,020 402,195 632,180 488,298 148,499 (339,798) -69.6% Admin/Cash Mgmt Fees 126,360 132,445 357,227 355,515 394,944 542,000 406,121 406,121 0.0% WM Fees 1,764,758 1,733,061 1.673,238 1,760,213 1,840.770 3,437,136 2,040.923 2.040.923 - 0.0% Refuse Collection Fees 111,515 95,942 112,264 133,725 149,867 168,545 140,454 137,704 (2,750) -2.0% Police Services 226.976 645.360 559,478 541,782 665,569 883,914 664,319 872,777 208.458 31,4% Miscellaneous/Other 118624 45 800 53,569 82,980 84,307 111,349 78,368 59825 (18,543 -23.7% otal Operating Revenues 29,304,849 29,677,685 30,975,674 31,376,809 32,215,990 45,441,964 32,235,391 32,643,458 408,067 1.3'A Operating Expenditures City Council 166,290 172.201 179,036 234,201 253,966 288,288 242,162 242,135 27 0.0% City Manager 441,492 315,738 491,456 528,593 486,397 868,888 655,568 595,241 60.327 9.2% Municipal Court-Operations 290,785 533,887 811,930 935,380 1,006,380 1,349,066 1,047,373 984,342 63,031 6.0% Management Services 1,283,812 1,164,597 1,225,126 1.226,754 1,272,304 2,043,473 1,482,916 1,422,448 60,468 4.1% Civil/Criminal Legal Services 924.175 937,528 855,082 864,016 868,696 1,427,447 1,053,585 895,294 158,291 15.0% Comm. Development SVc5 2,122,650 2,147.229 2,145.699 2,166.008 2,396,612 3,776,077 2.736,916 2,455.249 281,687 10.3% Police Services 8,895,841 9,667,650 9,930,566 10,158,486 11,014,581 15,919,130 11,525.310 11.355.471 169,839 1.5% ail Services 1,079,895 1,046,234 918,848 739,093 801,872 1,384,060 975,083 716,422 258,661 26.5% Parks and Recreation 2,453,555 2,298,444 2.351,148 2,333,390 2,643,372 4,042,762 3,047,311 2,855,469 191,842 6.3% Public Works 2.350.852 2,201.378 2,242,837 2.631,180 2,495,746 4.031,639 2,873,507 2,678,606 194.901 6.8% City OvMay Program 1,445,161 1,363,525 701,888 1,610,010 1,465,278 1,270,632 1,120,114 1,120,114 0.0% Solid Waste 170,521 206,814 240,933 214.908 203,291 367,661 255,025 210,626 44,399 17.4% Hotel/Motel Lodging Tax 62,506 11,303 76,572 62,946 350,999 131,491 131.491 0.0% Surface Water Management 1,135.795 1,091,223 1,173,791 1,282,399 1,442,401 2,480,447 1,762,868 1,677,592 85,276 4.8% Debt Service 2,267,244 2,253,288 2,269,712 2,234,343 2,392.088 5,069,631 2,682,541 2,682,541 0.0% Dumas Bay Centre 360,012 367,477 419,430 379,518 371,649 501,630 379,864 354,931 24,933 66% Knutzen Familv Theatre 83751 136 293 114013 109 862 142343 179177 129736 150 067 (20332 -15.7% otal Operating Expenditures 25,471,831 25,966,012 26,082,798 27,724,713 29,319,922 45,351,006 32,101,369 30,528,038 1,573,331 4.9"10 Operating Revenues over/(under) Operating Expenditures 3,833,019 3,711,673 4,892,875 3,652,096 2,896,069 90,958 134,021 2,115,419 1,981,398 1478.4"10 Other Financing Sources 2,679,352 2,715,170 5,207,715 4,495,825 13,239,334 8,539,315 6,850,455 6,850,455 0.0% Otber Financing Uses 4,322,158 4,276,722 9,016,865 8,125,628 15,818,454 17,153,703 14,746,170 14,746,170 0.0% Ending Fund Balance Solid Waste 273,338 218,395 217,973 255,697 201,140 83,535 196,781 n/a n/a Arterial Street 379,205 408,833 1,244,684 592,159 840,091 1,000,000 1.036.885 nla n/a Utility Tax 4,222.178 5,698,674 4,668,096 6,558.502 837,186 nla nla Snow & Ice Removal 100,000 100,000 100,000 100,000 100,000 100,000 100,000 Na nla Surface Water Management 714,638 1,402,900 (210,062) (335,320) 99,143 214,656 (423,499) Na n/a Path & Trails 19,552 29,590 40,180 48,331 70,531 6.956 n/a n/a Strategic Reserve 2,022,900 2,011,583 - nla nla Debt Service 5,110,564 4,252,348 8,288,422 7,017,918 15,176,710 2,367,857 4,489,724 Na nla Dumas Bay Centre Operations 26,786 (11,132) 14,021 5,215 (3,145) 2,119 1,828 n/a n/a Knutzen Family Theatre 46,624 35,440 40,205 48,399 43,847 23,070 n/a n/a Police 389,575 369,866 567,429 562,248 498,401 376,626 363,966 n/a IlIa P3 300,000 300,000 300,000 300,000 300,000 300,000 300,000 IlIa IlIa Interfund Loans 10,000 10,000 10,000 10,000 10,000 10,000 10,000 Na n/a Unreserved 6154 971 5374280 6620677 7658 638 7 649 586 (578756 1 452445 Na IlIa otal Endlno Fund Balance $ 19,770,351 $ 20,200,777 $ 21,901,625 $ 22,821,787 $ 24,915,773 $ 4,783,754 $ $ 7,558,156 $ 1,981,398 n/a J25 23 1 ()' 15!2IJ()4 ; ;'7.'rJ,\,o,,",eSoll",I<! IlIIl'rO\omell's,~o';!C'hSI'O~" ,'241;;, ,II:'! S" ,,¿O,h S:"OI <JOII~k k:III"" ::0:0> I I ¡""WI, !loa ,IIi" 1 "",1"1< ",," 'I (IL\ 2:. All'; 11~',"II,::lOlh,SI"'"'-,:ilh,!':;"',.snl:!: ", 1-',I:I::uy Ll:d,',.~r""",! ,,",1 S:"'"""",,, i /In:;:,,, !loW"",IC""IIIICIIOII 'II'."":iCIIt,:h",,YSOI,.Ihll<.>\,LaIlCS Il'h;l>el-:-'.. ,112IhS"eelh'So, ¡ ,'24:1: Sueol ¡""""'" lilIW""'¡C""",'",'::",, L. ~ r-;'T.\ 21, fPPi t- ,I 1'.!c1Ii, lI:e!:"',,' ~"",h II()\' La"es Iii I'i:,"" II-';" 114,;: :-'IIeel 10 ~" I ;~"Ih ~:'e": i,l t¡,'",.., !loa ".", (",n",.:.. ",," I (:E,\~I.II'I',-\II', ~ :2,1,11 ,,:rc," :,: SII'}') p",:,','t ! :~,;':~'~iUi:,'~::d(""""';¡':"'" ---- 'I . ,.. ;" ""'. ".. 'I, .' , ; 1""", I Lel,.",-, -,...., 11th . ","" 11':"",";;--;" ,>I::,S",'c:t"j)",:; P"""li"",: 1"""<:"" ¡¡¡IW I (1'1',.-\ 21. .1'1', PUBLIC WORKS DEPARTMENT STREETS DIVISION PROJECT STATUS REPORT ",:"'::,',: . - '1"1",,111 S:tllnlllll. 1'.1':. ~In'ct Snlcrm 'hll¡!cr .. ADOPTED ';: B(j~GE'f ..- PR,OJ(CT;,.'" ",'. AMOUNT "'BuricEr.1:'~ ,,¡ ENCUj\.IB:'õ> .?'~'<':f:":'(~::~' :'~',', ,: ',>\' ~(:,: ~'13 I! n2 (",: '~I" i'I"!CeI :< """":,.,,,1 ",d .1<cop:,,1 h~ :ho ('II) COIIII"" 0" ~1;¡y h. 2híi4 ,,~~';~~~~~~~ð1 ~ii ii~~ 5~i~~:i~¡~-.';>~~Hf~~~1?~fj ,:; )f;',;' V.\ 1"0 7% 12"'S le'IX 204 ~A ~ \ I ï~le:."I:om.'II:",)!"I""ollf:III<J""'O(I,,.I<C""'l'ld,,1 I \1;orr!; 21!O~ I 11);" \, \ ~'A ;% 2i~1 ;,'IS 11'b 1""1""( I> n""p:e!e 7')'1 '1")8 .00 7112 h 00 12n, 'IOU VA (,Ii[¡ ! Ino I I : 100 I i '/J.! I Th:>I""IO""<II;;.I""""<I"I(Oo,, Ihe""IIIi.,,;:nr,,.JI>K. I ~:~J;.s!lIll;I!"! I""Jed ",1"'""1:": COIIII',""oll 15 ~o'elllber I i I ,\ n.. ! 'Ii", ¡""Ien """II"ie:", hOIi I 20,\ I '¡"" I I I> 1'0 ~'\ i : , I L, ; ",. L "" I "" I "" L"" i h"" I I h ¡¡~ 11;:>1""1""".;;:.1,.""",;::1'"">":,.",,,,('112\1:1111.1,,:,, ::.r;c:III>"":'III:,-oll¡"":":I¡,,~IIIII.II.::vdc<:~' P,o,I,..1 ,o:;'",'c:'n:;",:,:"'d"bll:.,:¡".,~,,,:g..i2"% s..no.o42 1.'J2:'.'I,'O 12.1i01,>,I, Ih.2.'4..:0': :.I.lh,<OI. 4,000-"';0 ,f)c',,:;: <. ,(()\\ ; SA"h.1I42 !I!c-:.h:;¡((OW ColI<ln,,",nll) 1.'1l','I}!) IDe.,;", e ""GUII"""'1I :l,Oo;,3XO (I k'>I!"d{()\\ ( 'oli<!n,c:lo:1I ld!!JiJ,OIiO !I),'",;", ((OW .'< C"'b:""'U,,") 1.1,1"':<% 't """"1<'.":11 i, :",,-'.00 ¡()",.,,'II' ~~;è5~,;i~;~'~.;:;.. d.,.H'._',!Ii>.,'"", , -..,;;..,~,"'J;"'~¡'~' ,\.,t,t:)O."":.."~: ' ':'~:, CI.O ::¡.~~{~. I.....,. ""c..¡:, "'.- ;í~~:~.¡~~~~.;~;:',': :~}11::~~r~~j~~:}- 'i.;<:.Ii:'a~~"';,,:, ~j~~%i¡\~~¡j.;" : '¡~~~"~'~~;:~~~r.}::;, ~~ ~.\¡,\ ¡"t',.:"'," ¿i~~~~(iJ1;~~~r: l§;¡aî'~~\~'~' . "'.;¡~~~~f;;J.i~i.-l.',:: i'",-~"",:¡~, "~"¡;'. '::~':""."~~~F~~~~ ~/r;~..t, .,'t~'1 ~,f~f~~r \~ ""'.'>:""'~¡1:\ i ,"..r:'~'~~:;~~I~: ",.~"...,,¡. ~!I' ",\~1If~¡~1'4;. ",1>".'" ~:};;i;t~:;_~W~~j~t;~~: ;¿:; or; ~ ~i k ~,¡ ..¡ d ! 'n -[ " "', '" N :::> ~ .. '::! ~, - ~ - -.. ;; or. .:ì1 ~. ~~ ~ .::. ~~ ~J .r '- .. .. ~~ %.~ - '- '" u j- or, ," ,"" ,- " ~o 'j É" .. ? ,~ n, :', or: l~ .~ ? ... õ ;J .,. ..... :1', ..' '" -, '" -, - "" ". " ;:; 'j .r, ~, ~ g ,; G .~ ~ J] NO<:;; ,- ." = '" ;"", ~ ~.j N '" ". '" ,-, " .~ - ,?:' 'J .f' g B' " ~ " ,,- l~ ~ t; ¡¡-D [~ ~ '~ 6 ..f .... /. - ..... z :: "', - "- - ", ~o ¿ ~ ~ .:;: ~ ;, -"¡ ;, A "" -.----- - N --,-'--- ,; ~ " 'i::. ~ ~ ~ç :;::'" ~: ~ '-" ¿: ~ ;¡~ "i ~ ~1 - ~. .. ~ ,., " ,¡:; T. ~ i::. ~.~ g~ ~ i.. t. or, .., ..... :1'. .. ..... 7. 6 '" n, :; ,"" ~ ~ r g ", ';, ;,: - ç "" .... -------- --..-....--- ,----.,... " ~ "0 ..¡ 8 ¡;; ... ~ ~ ...", 88 NN c;:; 9~ ><- -, - J2-j 10/18/04 PUBLIC WORKS DEPARTMENT SWM DIVISION PROJECT STATUS REPORT Paul A. Bucich, P.E., Suñace Water Division Manager The project is 80% complete. The abandoned house and foundation have been removed. All log structures, including logjams, log weirs and log revetments have been installed in the creek. Contractor is working on weed W. Hylebos Channel I 6/02 I I I I I I 6/04 I 10104 I control and waiting for the right season I $1,211.295 I $964,449 12/04 6102 3/03 4/03 4/03 to plant trees. It is projected that the Stabilization Design total construction cost will be approximately $416,000 ($33,000 less than the original bid). The total project cost including design, pennitting, construction, construction management, and post construction monitoring will be approximately $754,000. This project is funded for design, right of way acquisition, and construction. Preliminary design was completed in march 1999. Property acquisition is SW 356th Street Drainage I 1/99 I I I I I I I I complete. As part of this project, City I $ 623,535 I Study/SW356th St Closed 12/04 1199 N/A 12/03 12/03 TBD N/A is providing a sanitary sewer main for $592,034 Depression Acquisition Land Acquisition the residents on 6th Ave SW. The project for installing the sewer was ,j awarded to Brad Mason Trucking & Excavating, and the construction is com leted. ):J The project design is at 85% level. East Branch Lakota Creek 5/03 12/05 5103 5/03 11/03 11/03 6105 10/05 Obtained most penuits and easements. I $1,564,599 I $221,841 Restoration The project design should be completed by January 2005. The project is 84% complete. Tree planting is the only item left to be completed. The contractor is working on the punch list items. Tree planting will be completed in late October or I $767,370 Lakota Wetland Regional I 4/03 I 12/04 I 4103 I 4/03 I 8/03 I 4/03 I 6/04 I 10104 I early November. It is projected that the Grant ($194,000) I $915,936 Detention Pond total construction cost wilI be Totai $961.370 approximately $214,000 ($25,000 less than the original bid). The total project cost including design, pennitting, property acquisition construction, and construction management will be L . I I I I I I I I approximately $868,000. I I I The project is 93% complete. The only item left is planting, which will be completed in late October or early November. It is projected that the total construction cost will be approximately Lakota Creek Restoration (two I I I I I I I I $827,000 ($35,000 more than the projects to be combined into 7/02 12/04 7/02 07102 04/03 4/03 6/04 10/04 I original bid, but within City Council I $2,054,788 I $1,175,398 one) approved 10% construction contingency). The total project cost including design, permitting, property acquisition, construction, construction management, and post construction monitoring win be approximately $1,213,000. This project entails construction of a regional stormwater facility on the Twin Lakes Golf and Country Club Joe's Creek Regional I I I I I I I I I driving range. R. W. Beck has been I $1,500,000 Stormwater Facility and Salmon 6/04 10/05 7/04 7/04 12/04 N/A 6/05 10/05 hired to conduct the engineering ($750,000 City) I $374,000 Habitat Restoration Project evaluation and design for the project. ($750,000 Other) Work commenced on 7/6 with geotechnical explorations as wen as wetland delineations. This project win relocate the West ~ II S. 373,d and Hylebos Creek Branch ofHylebos Creek to the east of it's current location of the crossing at S. 373,d A new crossing win be constructed, approximately 1400 lineal I $1,500,000 I Stream Restoration and Bridge 6/04 12/06 12/04 1/05 12/05 7/04 6/06 12/06 feet of creek re-built/restored, and over $4,400 Replacement Project six acres of riparian habitat built. The City anticipates partnering with others on the acquisition of 27 acres and the restoratlOn proJect. The annual programs are used to correct Annual Proj(rams deficiencies posing hazards in major conveyance systems, solve minor Minor CIPIMaior Maintenance 1/04 12/04 N/A N/A N/A N/A N/A N/A localized flooding problems improving Major maintenance projects water quality and habitat, reduce the liability aspects of publicly owned RID RID Retrofit facilities, and restore lost functions and 6-9ponds values of City's many streams and lakes. Lake and Stream Steel Lake survey for noxious Each year a list of projects is developed weeds in Spring 2004; water for each of the foHowing programs: quality improvements to discharges into Steel Lake in - Minor CIPlMajor summer of 2004. Maintenance - RID Retrofit Water Qualitv - Lake & Steam Stonn Drainage Hot Tape - WQ Improvement Projects Stencil; Total: Creek and pond temperature monitoring program; $238,251 $68,618 Catch basin insert evaluations K:\CIPlswmO101504.doc - ~ MEETING DATE: Ib Novembe~: 2004 ITEM# ~ C~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: AMENDMENTS TO FEDERAL WAY CITY CODE (FWCC) CHAPTERS 18 AND 22, CRITICAL AQUIFER RECHARGE AREAS AND WELLHEAD PROTECTION CATEGORY: 'r5d' CONSENT 1] RESOLUTION 0 CITY COUNCIL BUSINESS BUDGET IMPACT: [8] ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ...........................................................................................................................................................................................................................................................................................................................................................................................,.............."...""""""".................................".""".""""""......"""...,...................,.....,.....""""""."".,.,..............,............"" ATTACHMENTS: (1) Proposed Ordinance with Exhibit A (Amendments to FWCC Section 22-1, "Definitions"; FWCC Chapter 22, Article XIV, "Environmentally Sensitive Areas"; FWCC Chapter 22, Article IV, "Nonconfonnance"; FWCC Chapter 22, Article XIII, Division 7, "Land Modifications"; and FWCC Chapter 18, "Environmental Protection"). (2) October 26, 2004, Memorandum to the City Council with Exhibit I-A. (3) October 11,2004, Memorandum to the Land Use/Transportation Committee (LUTe) with Exhibits 1-3. (4) October 18,2004, Correspondence from Mark Asplund. (5) September 24,2004, Memorandum to the Land Use/Transportation Committee (LUTe) with Exhibits 1-6. (Please note that due to their bulk, only Exhibit 1 and Exhibits A, B, and C of 1 are included in this packet. Exhibits D through L of Exhibit 1 and Exhibits 2-6 are not included, but are available in the Council Conference Room..) ............."""""",..",......................"",."",,-..................................................,.............................................'..."""""..............,........................"'."""..................,....,...............'."""""'_,......,............................"..""""""'..........,....-.....................,..,..,..,.................,...,.......................,.,...........,....,...,..............................'..""......................,.,......................................................,....,...................,. SUMMARYIBACKGROUND: The purpose of the proposed amendments is to protect Wellhead Protection Areas and Critical Aquifer Recharge Areas (CARAs). The City is required by the Growth Management Act (GMA) to adopt regulations to protect CARAs. In addition, the Lakehaven Utility District is required under federal and state law to implement a Wellhead Protection Program. The Planning Commission held a public hearing on September 1,2004, and recommended approval of the proposed code amendments to the Land Use/Transportation Committee and City Council. ...........,.,...............................................,...,..................,...,........,.........,.,...,.............,...............,...,...,.,.,.................,..,..,.........................,....................,....................,..............................................,...................................-........,...,...............................,.........................,......................,.....,.........,.,...................................'...'..""""'........,........,...................'..'...."""..............,......................."""" CITY COUNCIL COMMITTEE RECOMMENDATION: The Land Use/Transportation Committee (LUTe) discussed the proposed amendments during public meetings on October 4 and 18, 2004. During the October 4,2004 meeting, the LUTC had a number of questions regarding how the review process between the Lakehaven Utility District, Federal Way Fire Department, and City of Federal Way would be coordinated. The LUTC was concerned about duplication of regulation and their impact on businesses that handle or store hazardous materials. Staff responded to the LUTe's questions in an October 11, 2004 Staff Report. During the October 18, 2004, presentation to the LUTC, staffrecommended changes to the proposed amendments to reflect the LUTe's concerns (See October 26, 2004, Memorandum to the City Council), The Planning Commission recommendation as amended by the LUTC is being forwarded to the full Council for first reading on November 2, 2004. PROPOSED MOTION: "I move the LUTe's recommendation to approve amendments to FWCC Chapters 18 and 22, Critical Aquifer Recharge Areas and Wellhead Protection, which are attached as Exhibit A to the proposed ordinance, to second reading and enactment on November 16, 2004." CITY MANAGER APPROVAL: ....~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED JJ T ABLED/DEFERRED/NO ACTION ~ MOVED TO SECOND READING (ordinances only) ..JvL III/to! ð f COUNCIL BILL # 1 ST READING ENACTMENT READING ORDINANCE # RESOLUTION # 35/E 1:\2004 Code Amendments\Wellhead Protection\City Council\Exhibit A to Adoption Ordinance\111604 AGENDA BILLdocl11/9/2004 11 :29 AM CITY OF FEDERAL WAY DRAFT ORDINANCE NO. 04 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 18 (ENVIRONMENTAL PROTECTION) AND 22 (ZONING), RELATED TO PROTECTION OF CRITICAL AQUIFER RECHARGE AREAS AND WELLHEAD PROTECTION AREAS AND AMENDING CHAPTER 18 (ENVIRONMENTAL PROTECTION) TO ADDRESS CHANGES TO CHAPTER 197-11 WAC, SEPARULES. WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); WHEREAS, the City of Federal Way finds that amending FWCC Chapter 18 (Environmental Protection) and FWCC Chapter 22 (Zoning) to add new definitions related to Wellhead Protection Areas and Critical Aquifer Recharge Areas and to modify existing. sections of Chapter 22, Article IV (Nonconformance); Article XIII, Division 7 (Land Modifications); and Article XIV (Environmentally Sensitive Areas) meet the intent of Chapter 36.70A RCW, Growth Management; WHEREAS, the City of Federal Way finds that these code amendments will implement and are consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on September 1, 2004, and forwarded a recommendation of approval to the City Council; WHEREAS, the Land/Use Transportation Committee of the Federal Way City Council considered these code amendments on October 4, and October 18, 2004, following which it recommended adoption of the text amendments as recommended by the Planning Commission and amended by the Land Use/Transportation Committee; WHEREAS, the City Council finds that the code amendments relating to protection of Wellhead Protection Areas and Critical Aquifer Recharge Areas are consistent with the intent and purpose of Ord No. 04 - ,Page I FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. NOw, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposed FWCC text amendments are consistent with, and substantially implement, the Federal Way Comprehensive Plan concept to preserve the natural environment by adopting policies and regulations to protect the quality of groundwater, aquifer recharge areas, and wellhead protection areas. 2. The proposed amendment bears a substantial relationship to public health, safety, and welfare because it provides regulations that will protect the City's drinking water supply. These regulations establish Critical Aquifer Recharge Areas and Wellhead Protection Areas, within which certain activities could present a risk of contaminating the City's drinking water supply. A review process is established for proposed activities within these areas whereby potential risks to drinking water can be identified and mitigated through the environmental review process. 3. The proposed FWCC text amendments are in the best interest of the residents of the City because they provide for increased protection of the residents' primary supply of drinking water. Section 3. Amendment. FWCC Chapters 18 and 22 are amended as set forth in the attached Exhibit A. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of 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 any other persons or circumstances. Ord No. 04 - , Page 2 Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affinned. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on day of ,2004. the APPROVED: Mayor, Dean McColgan ATTEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: 1:\2004 Code Amendments\WelIhead Protection\City Council\Exhibit A to Adoption Ordinance\2nd Reading Adoption Ordinance.doc/I 1/9/2004 11 :02 AM Ord No. 04 - , Page 3 EXHIBIT A TO ADOPTION ORDINANCE FEDERAL WAY CITY CODE CHAPTER 22. ARTICLE I. 22-1 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned means knowing relinquishment, by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" shall include but not be limited to circumstances inyolving tax forfeiture, bankruptcy, or mortgage foreclosure. Abandoned personal wireless service facility means a PWSF that meets the following: (1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or (2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days; or (3) The antenna has been relocated at a point less than 80 percent of the height of the support structure; or (4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days. Accessory means a use, activity, structure or part of a structure which is subordinate and incidental to the main activity or structure on the subject property. Accessory dwelling unit (ADU) means either a freestanding detached structure or an attached part of a structure which is subordinate and incidental to the main or primary dwelling unit located on the subject property, providing complete, independent Hving facilities exclusively for one single housekeeping unit, including permanent provisions for Hving, sleeping, cooking and sanitation. ADU, attached means an accessory dwelling unit that has one or more vertical and/or horizontal walls, in common with or attached to the primary dwelling unit. ADU, detached means a freestanding accessory dwelling unit that is not attached or physically connected to the primary dwelling unit. Accessory hardship dwelling unit means an attached ADD which satisfies the criteria set forth in FWCC 22-633. Accessory living facility means an area or structure on the subject property, which is accessory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the subject property and that employee's family, or for the business owner/operator and that person's family. Adjoining means property that touches or is directly across a street from the subject property. For the purpose of height regulations, any portion of a structure which is 100 feet or more from a low density zone is not considered to be adjoining that zone. Adult entertainment activity or use shall mean all of the following: (1) Adult theater shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (defined as follows) for observation by patrons therein and which excludes minors by virtue of age. a. Specified anatomical areas shall mean both of the following: 1. When less than completely and opaquely covered: i. Human genitals or pubic region; ii. Human buttock; iii. Human female breast below a point immediately above the top of the areola; 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. b. Specified sexual activities shall mean all of the following: 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse or sodomy; 3. Fondling or other erotic touching of human genitals, pubic region, buttock or breast. (2) Adult bookstore shall mean an establishment which in whole or in portion thereof has a substantial or significant portion of its stock and trade books, magazines or other periodicals, which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" and which excludes minors by virtue of age. (3) Adult cabaret shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize specified anatomical areas and/or whose performances or other activities include or mimic specified sexual activities and which establishment excludes minors by virtue of age. Activities and uses defined as "adult entertainment activity or use" are only pennitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. Agricultural use means any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. Air rights means the right to, in some manner, control the use of the space above the surface of the ground. AKART means". . . all known, available and reasonable methods of prevention, control and treatment" as interpreted in the Washington Administrative Code (WAC 173-201A...020). This is a technologv-based approach to limiting pollutants from wastewater discharges, which requires both an engineering and economic judgment. Alluvium means soil deposits transported by surface waters. Antenna(s) means any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points, including, but is not limited to: (1) Omni-directional (or "whip ') antenna(s) transmits and receives radio frequency signals in a 360-degree radial pattern. (2) Directional (or "panel") antenna(s) transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees. (3) Parabolic antenna(s) (or "dish ') antenna(s) is a bowl-shaped device for the reception and/or transmission of communications signals in a specific directional pattern. (4) Ancillary antenna is an antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna. Applicant means both of the following, depending on the content: (1) A person who applies for any pennit or approval to do anything governed by this chapter, which person must be the owner of the subject property, the authorized agent of the owner, or the city. (2) Any person who is engaging in an activity governed by this chapter or who is the owner of property subject to this chapter. Aquifer means a water-bearing porous soil or rock strata capable ofvielding a significant amount of groundwater to wells or springs. Average building elevation (ABE) means a reference datum on a subject property from which building height is measured. ABE is the average of the highest and lowest existing or proposed elevations, whichever is lowest, taken at the base of the exterior walls of the structure; provided, that ABE shall not be greater than five feet above the lowest existing or proposed elevation. FWCC - Section 22-1, Definitions Page 2 Average slope means the average grade of land within each land area representing a distinct topographical change. Backfill means material placed into an excavated area, pit, trench or behind a constructed retaining wall or foundation. BMP's or Best Management Practicers) means maintenance measures and operational practices that are considered the most effective, practical means of preventing or reducing pollution from nonpoint or point sources. BMPs are defined by trade organizations, government agencies, and other organizations involved in pollution prevention and environmental regulation. Building means a roofed structure used for or intended for human occupancy. Building mounted signs means all of the following: Wall-mounted signs, marquee signs, under marquee signs and projecting signs. Bulkhead means a wall or embankment used for retaining earth. Business or vocational school means a post-secondary institution that offers instruction in business principles and practices that will enhance one's ability to perform in a business setting, i.e., secretarial, accounting, purchasing, computer programming or usage, or training in fields such as health services, restaurant management, real estate, beautician training, or professional training or continuing education in these or similar fields. Cell-on-wheels (C-O- W) means a mobile temporary personal wireless service facility. Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses, when operated in conjunction with and within boundaries of such cemetery. Change of use means a change of use determined to have occurred when it is found that the general character of the operation has been modified. This determination shall include review of, but not be limited to: (1) Hours of operation; (2) Required parking; (3) Traffic generation; (4) General appearance; (5) Type, extent or amount of indoor or outdoor storage; and (6) Constituents of surface water discharge or runoff. Church, synagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class II home occupation means those family child care homes that qualify under FWCC 22-1069. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use means the uses allowed in the commercial zones and not permitted in any other zones of the city. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. FWCC - Section 22-1, Definitions Page 3 Common recreational open space usable/or many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Comprehensive plan means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line means the interconnection of points having the same height above sea level. Convalescent center means an inpatient facility, excluding facilities defined as hospitals, for patients who are recovering from an illness or who are receivIng care for chronic conditions; mental, physical, emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include assisted living facilities. Critical aquifer recharge areas means areas in which water reaches the zone of saturation by surface infiltration. These areas are hydro-geologically susceptible to contamination and contamination loading potential including, but not limited to, such areas as sole water source aquifer recharge areas, special protection groundwater management areas, wellhead protection areas, and other areas with a critical recharging effect on aquifers used for potable water. Cross-section (drawing) means a visual representation of a vertical cut through a structure or any other three-dimensional form. Curb cut means the connection of a driveway with a street, which may entail a structural alteration to the curb by lowering the height of part of the curb. Day care facility means the temporary, nonresidential care of persons in a residence or other structure on a regular, recurring basis. Dedication means the deliberate appropriation of land by its owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purpose to which the property has been devoted. Deleterious substance includes, but is not limited to, chemical and microbial substances that are classified as hazardous materials under FWCC 22-1, "hazardous materials," whether the substances are in usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which monitoring requirements of treatment based standards are enforced under Chapter 246-290 WAC. Development activity means any work, condition or activity which requires a permit or approval under this chapter or the city's building code. Development permit means any permit or approval under this chapter or the city's building code that must be obtained before initiating a use or development activity. Domestic animal means an animal which can be and is customarily kept or raised in a home or on a farm. Domestic violence shelters means housing for adult women or men and their dependent children, if any, who are victims of domestic violence perpetrated by the spouse, domestic partner or significant other ofthe adult victim. Dredging means removal of earth and other materials ITom the bottom of a body of water or watercourse or ITom a wetland. Dredging spoils means the earth and other materials removed ITom the bottom of a body of water or watercourse or ITom a wetland by dredging. Driveway means an area ofthe subject property designed to provide vehicular access to a parking area or structure located on the subject property. FWCC - Section 22-1, Definitions Page 4 Dry land means the area of the subject property landward ofthe high water line. Dwelling unit means one or more rooms in a structure or structures, excluding mobile homes, providing complete, independent living facilities exclusively for one family, including permanent provisions for living, sleeping, cooking and sanitation. A factory-built home or manufactured home is considered a dwelling unit under this chapter only if it meets the standards and criteria of a designated manufactured home established in RCW 35A.63 .145. There are the following three types of dwelling units: (1) Dwelling unit, attached, means a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or other uses above or below it. (2) Dwelling unit, detached, means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use. (3) Dwelling unit, stacked, means a dwelling unit that has one or more horizontal walls in common with or attached to one or more other dwelling units or other uses and may have one or more vertical walls in common with or adjacent to one or more other dwelling units or other uses. Easement means land which has specific air, surface or subsurface rights conveyed for use by someone other than the owner of the subject property or to benefit some property other than the subject property. EMF means electromagnetic field, which is the field produced by the operation of equipment used in transmitting and receiving radio frequency signals. Equipment shelter means the structure associated with a PWSF that is used to house electronic switching equipment, cooling system and back-up power systems. Erosion and deposition means the removal of soils and the placement of these removed soils elsewhere by the natural forces of wind or water. Essential public facility is any facility or conveyance which has the following attributes: (1) It is typically difficult to site due to unusual site requirements and/or significant public opposition; (2) It is necessary component of a system, network or program which provides a public service or good; (3) It is owned or operated by a unit oflocal or state goyernment, private or nonprofit organization under contract with or receiving government funding, or private firms subject to a public service obligation; (4) It meets a general and/or specific category for facility types or individual facilities listed below in Class I and Class II essential public facilities. a. Olttss I: Facilities of a county, regional or state-wide nature. Those essential public facilities intended to serve a population base that extends significantly beyond the boundaries of the city, and which may include several local jurisdictions or a significant share of the Puget Sound regional population. Such facilities may include, but are not limited to, the following: 1. State or regional education facilities (except minor branch facilities). i. Research facilities; ii. University branch campuses; iii. Community college. 2. State or regional transportation facilities. i. Light and/or standard rail lines; ii. Commuter terminals; iii. Transit centers; iv. Park and ride lots in residential zones. 3. State or regional correctional facilities. 4. Solid waste handling facilities (large scale). i. Transfer station; FWCC - Section 22-1, Definitions Page 5 ii. Recycling center. 5. Sewage treatment plants. 6. Power plants. b. Class II: Facilities of a local nature. Those essential public facilities that are intended to meet the service needs of the local community. In any cases local facilities are characterized by providing some type of in-patient care, assistance, or monitoring. Such facilities may include, but are not limited to, the following: 1. Substance abuse facilities. 2. Mental health facilities. 3. Group homes/special need housing. 4. Local schools. i. Elementary school. ii. Middle school. iii. High school. 5. Social service transitional housing. i. Domestic violence shelter. ii. Homeless shelter. iii. Work-release. Excavate or excavation means the mechanical removal of soils and/or underlying strata. Family means an individual or two or more individuals related by not more than four degrees of affinity or consanguinity and including persons under legal guardianship, or a group of not more than five persons who are not related by four or fewer degrees of affinity or consanguinity; provided, however, that any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the city trom making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 use 3604(f)(3)(b). Family child care home means a business regularly providing care during part of the 24-hour day to 12 or fewer children (including the children ofthe day care provider) in the family abode ofthe person or persons under whose direct care the children are placed. Fastfood restaurant means an establishment which offers quick food service which is accomplished through one or more of the following mechanisms: (1) Limited menu of easily produced items. (2) Orders are not taken at the customer's table. (3) Food is served in disposable wrappings or containers. Fence means a manmade barrier or wall constructed for the purpose of enclosing space or separating parcels of land. Fill material means dirt, structural rock or gravel, broken concrete and similar structural substances customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel placed on the surface of the ground. Finished grade means the final contour of the land surface prior to landscaping. Floor means the horizontal surface inside a structure designed and intended for human use and occupancy. Geologically hazardous areas means areas which because of their susceptibility to erosion, land- sliding, seismic or other geological events are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns. Geologically hazardous areas include the following areas: (1) Erosion hazard areas are those areas having a severe to very severe erosion hazard due to natural agents such as wind, rain, splash, trost action or stream flow. (2) Landslide hazard areas are those areas potentially subject to episodic downslope movement of a mass of soil or rock including, but not limited to, the following areas: FWCC - Section 22-1, Definitions Page 6 a. Any area with a combination of: I. Slopes greater than 15 percent; 2. Penneable sediment, predominately sand and gravel, overlying relatively impenneable sediment or bedrock, typically silt and clay; and 3. Springs or groundwater seepage. b. Any area which has shown movement during the holocene epoch, from 10,000 years ago to present, or which is underlain by mass wastage debris of that epoch. c. Any area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action. d. Any area located in a ravine or on an active alluvial fan, presently or potentially subject to inundation by debris flows or flooding. e. Those areas identified by the United States Department of Agriculture Soil Conservation Service as having a severe limitation for building site development. f. Those areas mapped as class U (unstable), DOS (unstable old slides), and URS (unstable recent slides) by the Department of Ecology. g. Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking. (3) Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting. These conditions occur in areas underlain by cohesionless soils oflow density usually in association with a shallow groundwater table. (4) Steep slope hazard areas are those areas with a slope of 40 percent or greater and with a vertical relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance. A slope is delineated by establishing its toe and top, and measured by averaging the inclination over at least 10 feet of vertical relief. Glare means both of the following: (1) The reflection of harsh, bright light. (2) The physical effect resulting from high luminances or insufficiently shielded light sources in the field of view. Government facility means a use consisting of services and facilities operated by any level of government, excluding those uses listed separately in this chapter. Gross floor area means the total square footage of all floors, excluding parking area, in a structure as measured from either the interior surface of each exterior wall of the structure or, if the structure does not have walls, from each outer edge of the roof. Certain exterior areas may also constitute gross floor area. Ground floor means the floor of a structure that is closest in elevation to the finished grade along the facade of the structure that is principally oriented to the street which provides primary access to the subject property. Groundwater means water that occurs in subsurface openings in the earth, such as the spaces between particles in unconsolidated deposits or along fractures in consolidated deposits. Groundwater contamination means the presence of any substance designated by the u.S. Enyironmental Protection Agency ŒP A), or the State of W ashin~ton Department of Ecology (DOE), as a primary or secondary water Quality parameter, in excess of the maximum allowable containment level (MCL). Group home type II means housing for juveniles under the jurisdiction of the criminal justice system. Such groups include state-licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, halfway houses providing residence to juveniles needing correction, or for those selected to participate in state-operated work release and pre-release programs. The director of community development services shall have the discretion to classify a group home proposing to serve juveniles convicted of the offenses listed under group home type III in this section as a group home type III, and any such home shall be sited according to the regulations contained within type III classification. FWCC - Section 22-1, Definitions Page 7 Group homes type II-A: Maximum number of 12 residents including resident staff. Group homes type II-B: Thirteen or more residents including residential staff. Maximum number to be determined on a case-by-case basis. The limitation on the number of residents in a group homes type II shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). Group homes type III means housing for adults that have been convicted of a violent crime against a person or property, or have been convicted of a crime against a person with a sexual motivation, or have been convicted or charged as a sexual or assaultive violent predator. These individuals are under the jurisdiction of the criminal justice system or have entered a pre- or post-charging diversion program. Such groups involve individuals selected to participate in state-operated work/training release and pre-release programs or similar programs. Such category does not include full-time detention facilities. Gymnasium means a room or building equipped for sports, which must be accessory to a school facility, health club, social service club such as the Boys and Girls Club, or similar facility. A gymnasium may also be used as an auditorium to hold concerts and other performing arts. Hardship means a current or impending health condition which requires a person to live in close proximity to, and/or share housing with a caregiver. Hazardous liquid means: (a) Petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 c.F.R. Part 195 in effect March L 1998; and (b) carbon dioxide. Hazardous materials means anv material, either singularlv or in combination, that is a phvsical or health hazard as defined and classified in the International Fire Code, whether the materials are in usable or waste condition; and any material that may degrade groundwater quality when improperlv stored, handled, treated, used, produced, recvcled, disposed of, or otherwise mismanaged. Hazardous materials shall also include anv hazardous waste, hazardous substance, dangerous waste, or extreme Iv hazardous waste that is a physical or health hazard as defined or classified in Chapter 70.105 RCW and Chapter 173- 303 WAC, whether the materials are in usable or waste condition. Hazardous materials shall also include petroleum or petroleum products that are in a liquid phase at ambient temperatures, including any waste oils or sludge. Hazardous waste means all dangerous and extremely hazardous waste, including substances composed ofradioactive and hazardous components (see Chapter 70.105 RCW). Hazardous waste storage means the holding of dangerous waste for a temporary period (see WAC 173-303-040(85)). Hazardous waste treatment means the physical, chemical or biological processing of dangerous wastes to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage or reduced in volume (see WAC 173-303-040(97)). Heat means added energy that causes substances to rise in temperature, fuse, evaporate, expand or undergo any other related change. Heavy equipment means high capacity mechanical devices for moving earth or other materials, mobile power units, including but not limited to carryalls, graders, loading/unloading devices, cranes, drag lines, trench diggers, tractors over 80 HP, augers, caterpillars, concrete mixers and conveyors, harvesters, combines, or other major agricultural equipment, and similar devices operated by mechanical power as distinguished from manpower. Height of structure means the vertical distance above the average building elevation measured to the highest point of a flat roof or to the deck line of a mansard roof, or to the mid-point between eave and ridge of the highest principal roof of a gable, hip, gambrel, or similar sloped roof. For single-family residential structures where the total area of dormers exceeds 35 percent of the total area of the underlying sloped roof, height will be measured to the ridge of the highest principal gable. High density residential zones means the following zones: RM 3.6, RM 2.4, RM 1.8, RS 5.0, RS 7.2, RS 9.6, and comparable zones in other jurisdictions. FWCC - Section 22-1, Definitions Page 8 Home occupation means an occupation, enterprise, activity or profession which is incidental to a residential use, which is carried on for profit or customarily carried on for profit and which is not an otherwise permitted use in the zone in which it occurs. Horizontal dimension means the length of the facade of a structure as measured along a plane, excluding eaves which extend out no more than 18 inches trom the exterior wal1s of the structure. Hospital means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from il1ness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, extended care facilities and/or training facilities. Hotel or motel means a single building or group of buildings containing individual sleeping units intended for transient occupancy. Improvement means any structure or manmade feature. Industrial use means the uses al1owed in the industrial zones and not permitted in any other zones of the city. Industrial zones means the BP zoning district. Inoperable motor vehicle shall be any vehicle that has been in a stationary position for more than 14 days, is apparently inoperable or requires repairs in order to be operated legal1y on the public roads or is unable to move a distance of 10 feet on level pavement under its own power. Institutional uses mean the following uses: Schools, churches, colleges, hospitals, parks, governmental facilities and public utilities. Irrevocable license means a written irrevocable permission given by a property owner to the city for specified purposes. Issuance, when used with respect to a decision of the director of community development services or a decision of the hearing examiner issued under this chapter, means the date that is three days after the date the written decision of the director or hearing examiner is mailed. Proof of mailing shall be by affidavit or by declaration under penalty of perjury. Issuance, when used with respect to a city council decision made by ordinance or resolution while sitting in a quasi-judicial capacity, means the date on which the council passes the ordinance or resolution, as evidenced by the date of passage indicated on the face of the ordinance or resolution. Junk means old or scrap metal, rope, rags, batteries, paper, rubber, machinery, scrap wood, debris, trash, or junked, dismantled, wrecked or inoperable motor vehicles or parts thereof. Junk or junked vehicle means any vehicle substantially meeting at least two of the following conditions: (I) Is extensively damaged, such damage including but not limited to any of the following: A broken window or windshield or missing wheels, tires, motor, or transmission; (2) Is apparently inoperable; (3) Is without a current, valid registration plate. Junkyard means a property or place of business which is maintained, operated or used for storing, keeping, buying, selling or salvaging junk. Kennel means an establishment, generally retail in nature, which houses, cares for, breeds, raises or sells dogs or cats. Land surface modification means the clearing or removal of trees, shrubs, groundcover and other vegetation and all grading, excavation and filling activities. Landscaping means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation. Landward means toward dry land. Linear frontage of subject property means the frontage of the subject property adjacent to all open, improved rights-of-way other than Interstate 5. If the subject property is not adjacent to an open, improved right-of-way, linear trontage means the frontage of the subject property on any public access FWCC - Section 22-1, Definitions Page 9 easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights-of- way. Lot means a parcel of land having fixed boundaries described by reference to a recorded plat, by reference to metes and bounds, or by reference to section, township and range. Low density use means a detached dwelling unit on a subject property that contains at least five acres. Low density zone means the following zones: SE and comparable zones in other jurisdictions. Major stream means any stream, and the tributaries to any stream, which contains or supports, or under normal circumstances contains or supports, resident or migratory fish. If there exists a natural permanent blockage on the stream course which precludes the upstream movement of anadromous salmonid fish, then that portion of the stream which is downstream of the natural permanent blockage shall be regulated as a major stream. Manufactured homes means a factory-built structure transportable in one or more sections which is built on a permanent chassis and designed to be a dwelling with or without a permanent foundation when connected to required utilities. A manufactured home shall be built to comply with the National Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15, 1976). Maximum lot coverage means the maximum percentage of the surface ofthe subject property that may be covered with materials which will not allow for the percolation of water into the underlying soils. See FWCC 22-955 et seq. for further details. Mean sea level means the level of Puget Sound at zero tide as established by the u.S. Army Corps of Engineers. Medium density zones means the following zones: RS 15.0, RS 35.0 and comparable zones in other jurisdictions. Microcell means a wireless communication facility consisting of an antenna that is either: (1) Four feet in height and with an area of not more than 580 square inches; or (2) If a tubular antenna, no more than four inches in diameter and no more than six feet high. Minor facility means a wireless communication facility consisting of up to three antennas, each which is either: (I) Four feet in height and with an area of not more than 580 inches; or (2) If a tubular antenna, no more than four inches in diameter and no more than six feet in length; and the associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area. Minor stream means any stream that does not meet the definition of "major stream." Moorage facility means a pier, dock, buoy or other structure providing docking or moorage space for waterborne pleasure craft. Multiuse complex means all of the following: A group of separate buildings operating under a common name or management; or a single building containing multiple uses where there are specific exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that request treatment as a multiuse complex. Natural features mean physical characteristics of the subject property that are not manmade. Natural materials means materials chemically unaltered from their natural state. Noise means the intensity, duration and character of sound from any and all sources. Nonconformance means any use, structure, lot, condition, activity or any other feature or element of private or public property or the use or utilization of private or public property that does not conform to any of the provisions of this chapter or that was not approved by the city of Federal Way through the appropriate decision-making process required under this chapter. Nonliving groundcover means gravel, chipped bark or similar nonpolluting material through which water can freely percolate to the soil beneath. Normal maintenance means normal maintenance includes interior and exterior repairs and incidental alterations. Normal maintenance and repair may include, but is not limited to, painting, roof repair and FWCC - Section 22-1, Definitions Page 10 replacement, plumbing, wiring and electrical systems, mechanical equipment replacement and weatherization. Incidental alterations may include construction of nonbearing walls or partitions. Nursing home. See "Convalescent center." Occupant means a person that legally occupies a structure or property. Odor means stimulus affecting the olfactory nerves. Office use means a place of employment providing services other than production, distribution, sale or repair of goods or commodities. The following is a nonexclusive list of office uses: Medical, dental or other health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or goods are available on the premises; real estate, insurance, travel agent, loan companies, brokerage or other similar services. The following uses are specifically excluded from the definition of office: Banks, savings and loan companies and similar financial institutions. Office zones means the PO, OP and CP-l zoning districts. Official notification boards of the city means the bulletin boards in the public areas of City Hall and other public locations as designated by city council. On-site hazardous waste treatment and storage facilities mean facilities which treat and store hazardous wastes generated on the same lot or geographically contiguous or bordering property. Travel between two properties divided by a public right-of-way, and owned, operated or controlled by the same person, shall be considered on-site travel if: (1) The travel crosses the right-of-way at a perpendicular intersection; or (2) The right-of-way is controlled by the property owner and is inaccessible to the public (see WAC 173-303-040(39)). Open record hearing means a hearing that creates the city's record of decision for an application or appeal through testimony and submission of evidence and infonnation, under procedures prescribed by the city's hearing examiner or the city council. An open record hearing may be held prior to the city's decision on an application, or as part of an appeal. Open space means land not covered by buildings, roadways, parking areas or other surfaces through which water cannot percolate into the underlying soils. Ordinary high water mark means, on lakes, streams and tidal waters, that mark that will be found by examining the bed, banks or shore and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil or land a character distinct from that of the abutting uplands; provided, that any tidal area where the ordinary high water mark cannot be found based on the previous text of this definition, the ordinary high water mark shall be the line of mean high tide. Outdoor means not contained within a building. Outdoor storage means any material or item (including vehicles), being stored for or awaiting sale, lease, processing or repair and not enclosed within a building. Owner means, in reference to real property, the person or persons holding fee title to the property as well as the purchaser or purchasers under any real estate contract involving the real property. Parking area means any area designed and/or used for parking vehicles. Parking space means an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use. Person means any individual, partnership, association, corporation, unit of government or any other legal entity. Personal wireless services means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. Personal wireless service facility (PWSF) means a wireless communication facility, including a microcell, that is a facility for the transmission and/or reception of radio frequency signals, and which FWCC ~ Section 22-1, Definitions Page 11 may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve the necessary elevation, and reception and transmission devices and antennas. Preapplication conference means a meeting, between an applicant and members of the development review committee, which is held prior to formal application, during which the project is discussed relative to city and other pertinent codes and/or regulations. Primary dwelling unit means the main structure located on the subject property which is distinguishable from any accessory dwelling unit because it is greater in total square footage. Primary vehicular access means the major street from which the majority of vehicles enter the subject property . Principal use means the primary or predominant use of any lot or parcel. Private club means an association of persons organized for some common purpose, but not including groups organized primarily to sell merchandise or render a service which is customarily carried on as a business. Property line means those lines enclosing the subject property and those lines defining a recorded vehicular access easement or tract. The following are categories of property lines: (1) The front property line is any property line that is adjacent to a right-of-way which is more than 21 feet in width, excluding Interstate 5. If the subject property is adjacent to more than one right-of- way which is more than 21 feet in width, the applicant shall designate which of the adjacent property lines is the front property line and the remainder of such adjacent property lines will be considered as either a rear property line or side property line, based on the definition in this section. If the subject property is not adjacent to a right-of-way which is more than 21 feet in width, then the front property line is the property line adjacent or principally oriented to the street providing primary vehicular access to the subject property, as determined by the director of the department of community development. (2) The rear property line is any property line that is farthest from, and essentially parallel to, the front property line. (3) The side property line is any property line other than a front property line or a rear property line. Public park means a natural or landscaped area, provided by a unit of government, to meet the active or passive recreational needs of people. Public utility means the facilities of a private business organization such as a public service corporation, or a governmental agency performing some public service and subject to special governmental regulations, the services which are paid for directly by the recipients thereof. Such services shall include but are not limited to: Water supply, electric power, telephone, cablevision, natural gas and transportation for persons and freight. The term also includes broadcast towers, antennas and related facilities operated on a commercial basis. Public works director means the director of the department of public works of the city. Qualified groundwater scientist means a hydro-geologist or engineer who meets the following criteria: (1) Has received a baccalaureate or post-graduate degree in earth science or engineering; and (2) Has sufficient education and experience in geology and hydro-geology as may be demonstrated by state registration, professional certifications, or licensing that enable that individual to make sound professional judgments regarding groundwater and groundwater vulnerability. Regulated lakes means the follo'.viflg \votlands Wetlands #8-21-4-26, 7-21-4-71, 11-21-3-9, 14-21-3- 2, 14-21-3-5, 13-21-3-12,9-21-4-38, 17-21-4-55,20-21-4-57, and 20-21-4-61 as shown in the Kffig County Wetlafl(is lÐventory Notebooks, Volume 3 SOl:ltl'l June 19, 1999, City of Federal Way Final Wetland Inventory Report, except vegetated areas meeting the definition of "regulated wetland" located around the margins of regulated lakes shall be considered regulated wetlands. fB Lower Pl:lget Sound 6, 7,12,15, 16 and 17. (2) Hylebos 2, 11, 13 and 16. FWCC - Section 22-1, Definitions Page 12 Regulated wetlands, see the definition of "regulated wetlands" under the definition of "wetlands." means: (1) Those wetlands, as described belew, whieh fall into one or more of the follo'.ving categories: a. Category I wetlands meet one of the follo\ving criteria: 1. Contain the presence of speeies or doeumented habitat recognized by state or federal agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or 2. Contain the presence of plant associations of infrequent ocelHTenee, irreplaceable ecological ftHletions, or exeeptionalloeal signifieance including but not limited to estuarine systems, peat bogs and fens, mature forested wetlands, groundwater exchange areas, significant habitat or tHlique educational sites; or 3. Haye three or more v¡etland classes, one of which is open water. b. Category II wetlands are greater than 2,500 square feet in area, do not exhibit the characteristies of Category I wetlands, and meet one of the following oriteria: 1. ¡\re eontiguous with '.vater bodies or tributaries to water bodies 'lihich under normal eircumstances contain or support a fish population, including streams v.here flow is intermittent; er 2. "\re greater than one aere in size in its entirety; or 3. "\re less than or equal to one aere in size in its entirety and haT/e two or more '/letland elasses, '/lith neither class dominated by non native in'lasive species. . c. Categof)' III wetlands are greater than 2,500 square feet in area and do not exhibit those eharaeteristics of Categor/ I or II '.vetlands. (2) The follov;ing areas, as shown in the King County Wetlands Inventory Notebook, Volume 3 South, shall be regulated by the city's shoreline master program, but shall not be considered regulated wetlands, unless vegetated '.vetlands are present: a. Lov¡er Puget Sound Beaeh; b. Lower Puget SotHld 1 and 51; and c. Areas defined as a regulated lake, by the eity's shoreline master program. Vegetated areas meeting the definition of '\vetland" herein, and which are located arotHld the margins of regulated lakes, are regulated \vetlands for the pu-rpose ef this definition. Relative means persons connected through blood, marriage or other legal relationships by not more than four degrees or affinity or consanguinity and including persons under legal guardianship. Required yards means the areas adjacent to and interior from the property lines and high water mark of a lot. If two or more required yards are coincidental, the area will be considered the required yard with the greater dimension. Required yards are categorized as follows: (1) Front. That portion of a lot adjacent to and parallel with the front property lines and at a distance therefrom equal to the required front yard depth. (2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance therefrom equal to the required rear yard depth. (3) High water line yard. That portion of a lot adjacent to and parallel with the high water mark and at a distance landward therefrom established in this chapter. (4) Side. That portion of a lot adjacent to and parallel with each side property line and at a distance therefrom equal to the required side yard depth. All required yards not otherwise categorized shall be designated side yards. Residential use means developments and occupancy in which persons sleep and prepare food, other than developments used for transient occupancy. Residential zone means the following zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2, RS 5.0, RM 3.6, RM 2.4, RM 1.8 and comparable zones in other jurisdictions. Restaurant or tavern means commercial use (excluding fast food restaurants) which sells prepared food or beverages and generally for consumption on the premises. FWCC - Section 22-1, Definitions Page 13 Retail establishment means a commercial enterprise which provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. Retail sales, bulk, means a retail establishment engaged in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of such goods. Bulk retail involves a high volume of sales of related and/or unrelated products in a warehouse setting and may include membership warehouse clubs, i.e., "big box" retail. Bulk retail is differentiated from general retail by any of the following characteristics: (1) Items for sale include large, categorized products, e.g., lumber, appliances, household furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may also include a variety of carry out goods, e.g., groceries, household, and personal care products; (2) A large inventory of goods and merchandise is stored on the subject site in high-ceiling warehouse areas, high-rack displays, and/or outdoor storage areas; and (3) High volume truck traffic, regular pick up and delivery of large items, a designated contractor pick-up area, and high parking to building ratios. Retail sales, general and specialty, is differentiated from bulk retail by the size of the building, size of items purchased and sales volume. General and specialty retail includes the sale of smaller items such as groceries, drug store sundries, specialty hardware, paint supplies, and sports equipment, etc. Typically not a discount or volume warehouse store. Typical user is the general public. Right-of-way means land dedicated or conveyed to the public or a unit of government, the primary purpose of which is the movement of vehicles and/or pedestrians and providing for access to adjacent parcels, with the secondary purpose of providing space for utility lines and appurtenances and other devices and facilities benefiting the public. Right-of-way realignment means the changing of the horizontal position of the improvements in a right-of-way. Roofline means the line fonned by the outside of the gable of the roof, or if the roof is flat or mansard, the top of the roof or mansard. Runoffmeans the overland or subsurface flow of water. Schools means institutions of learning, excluding those offering post-secondary education, offering instruction in the several branches of learning and study required by the Basic Education Code of the State of Washington to be taught in public, private and parochial schools, including those disciplines considered vocational, business-related, or trade in nature. Shared access points means a common point of vehicle access from a street to more than one lot or use. Significant natural vegetation means any area containing a concentration of significant trees; any area of significant biological importance; and any area containing dense, mature, native vegetation. Significant trees. A "significant tree" shall be defined as: (1) Twelve inches in diameter or 37 inches in circumference measured four and one-half feet above ground; and (2) In good health; and (3) Not detrimental to the community (e.g., is not diseased, dying, or likely of falling into public open space or right-of-way, etc.) or obscuring safe sight distance requirements. Significant trees shall not include red alder, cottonwood, poplar or big leaf maple. Silt or sediment means the soil particles mobilized and deposited by the processes of erosion and deposition. Single housekeeping unit means an individual or two or more individuals related by not more than four degrees of affinity or consanguinity and including persons under legal guardianship, or a group of not more than three persons who are not related by four or fewer degrees of affinity or consanguinity, provided, however, that any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the city from making reasonable accommodations to disabled person in order to FWCC - Section 22-1, Definitions Page 14 afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). Single-use building means a building which contains one use. Small animals mean dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.), foxes, bobcats and similar small wild animals. Social service transitional housing means facilities other than offices and group homes as defined in this chapter, operated by a nonprofit social service agency, licensed as required by the state, providing temporary and transitional housing to individuals on an as-needed basis including, but not limited to, emergency shelters, homeless shelters, and other such crisis intervention facilities. This classification includes domestic violence shelters as defined herein, except that such shelters wherein the total number of residents does not exceed the maximum number allowed under the "family" definition, may be permitted outright in all residential zones. Type A: Maximum number ofresidents to be consistent with the maximum number of unrelated adults allowed under the zoning definition of family. Type B: All social service transitional housing not meeting the definition of "Type A," above. Maximum number to be determined on a case-by-case basis. The limitation on the number of residents in social service transitional housing shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such person equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988,42 USC 3604(f)(3)(b). Special needs housing means housing not specifically defined by this chapter, and which will be processed under the classification most closely related to the proposed use, as determined by the director of community development services. State Environmental Policy Act means Chapter 43.21 C RCW. Storm drainage means the movement of water, due to precipitation, either surficially or subsurficially. . Story means the area or a structure between the floor and the horizontal supporting members of the ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area between that floor and the ceiling directly above is not a story. Stream means a course or route, formed by nature, including those which have been modified by humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its length, along which surface waters naturally and normally flow in draining from higher to lower elevations. A stream need not contain water year round. In a developing setting, streams may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition is not meant to include irrigation ditches, stormwater facilities or other artificial watercourses unless they are used by resident or anadromous salmonid fish, or the feature was constructed to convey natural streams which existed prior to construction of the watercourse. Street means both of the following: (1) A public right-of-way. (2) A vehicular access easement or tract. Street providing direct vehicle access means the street from which a vehicle can enter the subject property without traversing another street or piece of property. In the case of a multiuse complex, the street providing direct vehicular access is the exterior street that borders the complex and not an internal street surrounded by the complex. Structure means anything which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner. Structural alterations means any change in the supporting member of a building or structure. Structured parking means parking provided on more than one level and within a structure, either above- or below-grade. Structured parking shall not include a surface parking lot. FWCC - Section 22-1, Definitions Page 15 Subject property means the entire lot or parcel, or series of lots or parcels, on which a development, activity or use is or will locate or on which any activity or condition regulated by or subject to this chapter is or will occur or take place. Support structure means any built structure, including any guy wires and anchors, to which antenna and other necessary associated hardware is mounted. Support structures may include the following: (1) Lattice tower. A support structure which consIsts of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section. (2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors. (3) Monopole. A support structure which consists of a single steel or wood pole sunk into the ground and/or attached to a concrete pad. (4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with certain conditions. Temporary personal wireless service facility means a personal wireless service facility which is to be placed in use for a limited period of time, is not deployed in a permanent manner, and does not have a permanent foundation. Tenant improvement means any work, improvement or remodeling completely within the interior of a building necessary to meet the varied requirements of continuing or succeeding tenants. Threshold determination means the decision by the responsible official (the community development services director) whether or not an environmental impact statement (ElS) is required for projects that are not categorically exempt under the State Environmental Policy Act (SEPA). Topsoil means the uppermost strata of soil containing a large percentage of organic materials and which is capable of providing suitable nourishment for vegetation. Trade school means a post-secondary institution that trains persons for qualification in specific trades or occupations, i.e., mechanics; construction trades such as carpentry, HV AC, and wiring; electronics repair and service including computers; plumbing; chefs and culinary training; upholstery; bartending. Traffic control devices means signs, signals, stripes and other mechanical or graphic items which control the flow, direction or speed of vehicular and pedestrian traffic. Use means the nature of the activities taking place on private property or within structures thereon. Each separate listing under the "Use" column in FWCC 22-596 through 22-878 is a separate use. Vehicle service station means a commercial use supplying petroleum products that are for immediate use in a vehicle. Vehicle storage area means an outside area which is used for the storage and/or display of operational vehicles. Vehicular access easement or tract means privately owned land used and legally committed, through easements, plat restrictions or similar mechanisms, to providing access for vehicles and pedestrians to properties other than the property within the tract or easement. It may also provide space for utility lines and appurtenances and other devices and facilities benefiting nearby properties or the public. Waterward means toward the body of water. Well means a hole or shaft sunk into the earth to tap an underground supply of water. Welmeld means an area containing two or more wells with overlapping zones of contribution that supply a public water system. Wellhead means the top of the shaft of a well or similar water extraction facility from which potable water is extracted. Wellhead capture zone means an area in which groundwater is calculated to travel to a pumping well. Capture zones are usually defined according to the time that it takes for water within a particular zone to travel to a well. Calculated capture zones usually only approximate actual capture zones as a result of assumptions required to conduct the calculation. FWCC - Section 22-1, Definitions Page 16 Wellhead protection area (WHP A) means the surface and subsurface area surrounding a well or wellfield that supplies a public water system through which contaminants are likely to pass and eventually reach the water weIHs) as designated under the Federal Clean Water Act. Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of Ecology publication #96-94) as set forth in WAC 173-22-080, as it exists as of November I, 1999, or as subsequently amended, will be used for identification and delineation of wetlands within the city. Although a site-specific wetland may not meet the criteria described above, it will be considered a regulated wetland if it is functionally related to another wetland that meets the criteria. Regulated wetlands means: (1) Those wetlands, as described below, which fall into one or more of the following categories: a. Category I wetlands meet one of the following criteria: 1. Contain the presence of species or documented habitat recognized by state or federal agencies as endangered, threatened or potentiallv extirpated plant, fish or animal species; or 2. Contain the presence of plant associations of infrequent occurrence, irreplaceable ecological functions, or exceptional local significance including but not limited to estuarine systems, peat bogs and fens, mature forested wetlands, groundwater exchange areas, significant habitat or unique educational sites; or 3. Have three or more wetland classes, one of which is open water. b. Category II wetlands are greater than 2,500 square feet in area, do not exhibit the characteristics of Category I wetlands, and meet one of the following criteria: 1. Are contiguous with water bodies or tributaries to water bodies which under normal circumstances contain or support a fish population, including streams where flow is intermitte!!1;. or 2. Are greater than one acre in size in its entirety; or 3. Are less than or equal to one acre in size in its entirety and have two or more wetland classes, with neither class dominated by non-native invasive species. c. Category III wetlands are greater than 2,500 square feet in area and do not exhibit those characteristics of Category I or II wetlands. (2) See definition of "Regulated lakes." Wholesale trade means a commercial establishment which sells to retail establishments. Zones means use zones as described in FWCC 22-596 through 22-878. Zoning map means the series of maps adopted by the city, and designated the official zoning map of the city, showing the geographical location of use zones within the municipal boundaries. (Ord. No. 90-43, § 2(3.10),2-27-90; Ord. No. 90-51, §§ 1,2,3-27-90; aId. No. 91-87, §§ 2 - 4,2-5-91; Ord. No. 91-92, § 4,4-16-91; Ord. No. 91-100, § 4, 6-4-91; Ord. No. 91-105, § 3, 8-20-91; Ord. No. 91-113, § 3,12-3-91; Ord. No. 94-223 § 3(A), 10-18-94; Ord. No. 95-245, § 3(A), 11-21-95; aId. No. 96-269, § 3, 6-18-96; Ord. No. 96-270, § 3(A), 7-2-96; Ord. No. 97-295, § 3, 5-20-97; Ord. No. 97-291, § 3,4-1-97; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 97-300, § 3, 9-16-97; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 99-337, § 2, 3-2-99; Ord. No. 99-348, § 2,9-7-99; Ord. No. 99- 353, § 3, 11-16-99; Ord. No. 99-357, § 3, 12-7-99; Ord. No. 00-363, § 2,1-4-00; Ord. No. 01-385, § 3,4-3-01; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 03-443, § 3, 5-20-03) 1:\2004 Code Amendments\Welihead Protection\City Council\Exhibit A to Adoption Ordinance\definitions.doc/I0/26/2004 3:33 PM FWCC - Section 22-1, Definitions Page 17 FEDERAL WAY CITY CODE CHAPTER 22. ARTICLE XIV. ENVIRONIVIENTALL Y SENSITIVE CRITICAL AREAS Sections: Division 1. Generally 22-1221 Purpose. 22-1222 Applicable provisions. 22-1223 Jurisdiction. 22-1224 Other authority and jurisdiction. 22-1225 Liability. 22-1226 - 22-1240 Reserved. Division 2. Administration 22-1241 Administration. 22-1242 Maps adopted. 22-1243 Basis for detennination. 22-1244 Reasonable use ofthe subject property. 22-1245 Appeals of detennination made under article. 22-1246 Bonds. 22-1247 Dedication. 22-1248 Exemptions. 22-1249 - 22-1265 Reserved. Division 3. General Site Design Requirements 2-1266 Responsibility of applicant. 22-1267 Physical barriers. 22-1268 Vehicle circulation areas. 22-1269 Time limitation. 22-1270 Other requirements. 22-1271 - 22-1285 Reserved. Division 4. Geologically Hazardous Areas Development 22-1286 Limitations. 22-1287 - 22-1305 Reserved. Division 5. Streams 22-1306 22-1307 22-1308 22-1309 22-1310 22-1311 Setbacks. Relocation. Bulkheads. Culverts. Removal of streams from culverts. Rehabilitation. 22-1312 Intrusion into setbacks. 22-1313 Additional requirements for land surface modification. 22-1314 - 22-1330 Reserved. Division 6. Regulated Lakes 22-1331 Conformance with division. 22-1332 Setback areas. 22-1333 Activities and improvements waterward of the ordinary high water mark. 22-1334 Activities and improvements within the required setback areas from regulated lakes. 22-1335 Rehabilitation. 22-1336 Bulkheads. 22-1337 - 22-1355 Reserved. Division 7. Regulated Wetlands 22-1356 Determination of wetland and regulated wetland. 22-1357 Wetland categories and standard buffers. 22-1358 Structures, improvements and land surface modifications within regulated wetlands. 22-1359 Structures, improvements and land surface modification within regulated wetland buffers. 22-1360 - 22-1368 Reserved. Division 8. Regulated Well Heads 22-1369 Criteria. 22 1370 22 1375 Reserved. Division 9. Critical Aquifer Rechar2e Areas and Wellhead Protection Areas 22-1370 22-1371 22-1372 22-1373 22-1374 22-1375 22-1375.1 Limitations. Classification of wellhead capture zones. General requirements. Prohibited activities in wellhead capture zone 1. Regulation of facilities handling and storing hazardous materials. Performance standards. Use of pesticides, herbicides, and fertilizers in critical aquifer recharge areas and wellhead protection areas. Division 1. Generally 22-1221 Purpose. The purpose of this article is to protect the environment, human life and property from harm and degradation. This is to be achieved by precluding or limiting development in areas where development poses serious or special hazards; by preserving and protecting the quality of drinking water; and by preserving important ecological areas such as steep slopes, streams, lakes and wetlands. The public purposes to be achieved by this article include protection of water quality, groundwaterrecharge, shoreline stabilization, stream flow maintenance, stability of slope areas, wildlife and fisheries habitat FWCC ER','ironmeRtalIy Sensitive Areas Critical Areas Page 2 maintenance, protection of human life and property and maintenance of natural stonnwater storage systems. (Ord. No. 90-43, § 2(80.10),2-27-90; Ord. No. 91-105, § 4(80.10), 8-20-91; Ord. No. 91-123, § 3(80.10), 12-17-91 ) 22-1222 Applicable provisions. The provisions of this article apply throughout the city and must be complied with regardless of any other conflicting provisions of this chapter. The provisions of this chapter that do not conflict with the provisions of this article apply to the subject property. (Ord. No. 90-43, § 2(80.15), 2-27-90; Ord. No. 91-105, § 4(80.15), 8-20-91; Ord. No. 91-123, § 3(80.15), 12-17-91) 22-1223 Jurisdiction. This article applies to the subject property if it: (1) Contains or is within 25 feet of a regulated slope geologically hazardous area; (2) Contains or is within 100 feet of a well head; (3) Contains or is within 100 feet of the ordinary high water mark of a major stream; (4) Contains or is within 50 feet ofthe ordinary high water mark of a minor stream; (5) Contains or is within 25 feet of any regulated lake; or (6) Contains or is within 200 feet ofthe edge of any regulated wetland, including regulated wetlands associated with any major stream, minor stream, or regulated lake. (7) Is located within a critical recharge area or a wellhead protection area (1, 5, or 10-Year Wellhead Capture Zone). (Ord. No. 90-43, § 2(80.20), 2-27-90; Ord. No. 91-105, § 4(80.20), 8-20-91; Ord. No. 91-123, § 3(80.20), 12-17-91; Ord. No. 99-353, § 3, 11-16-99) 22-1224 Other authority and jurisdiction. Nothing in this article in any way limits, or may be construed to limit, the authority of the city under any other applicable law, nor in any way decreases the responsibility of the applicant to comply with all other applicable local, state and federal laws and regulations. (Ord. No. 90-43, § 2(80.25), 2-27-90; Ord. No. 91-105, § 4(80.25), 8-20-91; Ord. No. 91-123, § 3(80.25),12-17-91) 22-1225 Liability. (a) Prior to issuance of any building permit or other permit by the building official, the applicant may be required to enter into an agreement with the city, in a form acceptable to the city attorney, releasing and indemnifying the city from and for any damage or liability resulting from any development activity on the subject property which is related to the physical condition ofthe steep slope, stream, regulated lake or regulated wetland. This agreement shall be recorded in the county, at the applicant's expense, and shall run with the property. (b) The city may also require the applicant to obtain insurance coverage for damage to city or private property and/or city liability related to any such development activity. (Ord. No. 90-43, § 2(80.55), 2-27-90; Ord. No. 91-105, § 4(80.55), 8-20-91; Ord. No. 91-123, § 3(80.55), 12-17-91) 22-1226 - 22-1240 Reserved. Division 2. Administration 22-1241 Administration. Except as otherwise established in this article, this article will be implemented and enforced as part of the city's review of any development activity on the subject property. If the development activity requires approval through process I, II or III, the provisions of this article will be implemented as part of these processes. If the development activity does not require approval through process I, II or III, the provisions of this article will be implemented through site plan review under FWCC 22-361 et seq. (Ord. No. 90-43, § 2(80.30(1»,2-27-90; Ord. No. 91-105, § 4(80.30(1», 8-20-91; Ord. No. 91-123, § 3(80.30(1»), 12-17-91) FWCC - Efwirenmentally SeAsitive:\reas Critical Areas Page 3 22-1242 Maps adopted. The city hereby adopts the King County Wetlands Inventory Notebook, Volume 3 South June 19, 1999, City of Federal Way Final Wetland Inventory Report, to show the locations of regulated lakes and certain regulated wetlands in the city. The City hereby adopts the Lakehaven Utility District Wellhead 1, 5, and 10-Year Capture Zones Maps, as now existing or amended. (Ord. No. 90-43, § 2 (80.30(2)), 2-27-90; Ord. No. 91-105, § 4(80.30 (2)),8-20-91; Ord. No. 91-123, § 3(80.30(2)),12-17-91) 22-1243 Basis for determination. The determinations regarding whether the subject property is regulated under this article, as well as the extent and nature ofthe regulations that will apply to the subject property, will be determined based on environmental information and mapping possessed by the city as well as other information and mapping provided by or through the applicant. The city may require the applicant, at the applicant's expense, to provide any information, mapping, studies, materials, inspections or reviews that are reasonably necessary to implement this article and to require that such information, studies, mapping, materials, inspections and reviews be provided or performed by a qualified professional acceptable to the city. Other provisions of this article detail other infom1ation and inspections that may be required in some instances. (Ord. No. 90-43, § 2(80.30(3», 2-27-90; Ord. No. 91-105, § 4(80.30(3»), 8-20-91; Ord. No. 91-123, § 3(80.30(3)),12-17-91) 22-1244 Reasonable use of the subject property. (a) The provisions of this section establish a mechanism whereby the provisions of this article may be modified or waived on a case-by-case basis iftheir implementation would deprive an applicant of all reasonable use of the subject property. (b) An applicant may apply for a modification or waiver ofthe provisions of this article using process N; except, that applications for projects on single-family residential lots platted prior to the incorporation of the city may use process III. (c) The city may approve a modification or waiver of the requirements of this article on a case-by- case basis based on the following criteria: (1) The application of the provisions of this article eliminates all reasonable use of the subject property. (2) It is solely the implementation of this article, and not other factors, which precludes all reasonable use of the subject property. (3) The applicant has in no way created or exacerbated the condition, which forms the limitation on the use of the subject property, nor in any way contributed to such limitation. (4) The knowledge of the applicant of limitations on the subject property when he or she acquired the subject property. (5) The waiver or modification will not lead to, create nor significantly increase the risk of injury or death to any person or damage to improvements on or off the subject property. (d) If the city grants a request under this section, it shall grant the minimum necessary to provide the applicant with some reasonable use of the subject property, considering the factors described in subsections (c)(l) through (c)(5) of this section. The city may impose any limitations, conditions and restrictions it considers appropriate to reduce or eliminate any undesirable effects or adverse impacts of granting a request under this section. (Ord. No. 90-43, § 2(80.35), 2-27-90; Ord. No. 91-105, § 4(80.35), 8-20- 91; Ord. No. 91-123, § 3(80.35),12-17-91; Ord. No. 99-353, § 3,11-16-99) 22-1245 Appeals of determination made under article. Any determination made by the director of community development under this article may be appealed using the procedures established for appeals of interpretations under FWCC ~ 22-350. (Ord. No. 90-43, § 2(80.40),2-27-90; Ord. No. 91-105, § 4(80.40),8-20-91; Ord. No. 91-123, § 3(80.40),12-17-91) FWCC - Eßvirenmentally Sensitive Areas Critical Areas Page 4 22-1246 Bonds. The city may require a bond under FWCC 22-146 et seq. to insure compliance with any aspect of this article. (Ord. No. 90-43, § 2(80.45), 2-27-90; Ord. No. 91-105, § 4(80.45), 8-20-91; Ord. No. 91-123, § 3(80.45), 12-17-91) 22-1247 Dedication. The city may require the applicant to dedicate development rights or an open space easement to the city to insure protection of steep slopes, wells, streams, regulated lakes and regulated wetlands and other areas within the jurisdiction of this article. (Ord. No. 90-43, § 2(80.50), 2-27-90; Ord. No. 91-105, § 4(80.50),8- 20-91; Ord. No. 91-123, § 3(80.50),12-17-91) 22-1248 Exemptions. The following activities are exempt from the provisions of this article: (1) Emergencies, that in the opinion of the director of community development, threaten the public health, safety and welfare; (2) Normal and routine maintenance and repair of the following facilities, for which a maintenance plan has been approved by the public works director: a. Existing drainage ditches provided, however, that this exception shall not apply to any ditches used by salmonids other than to permit free migration of salmonid to their spawning grounds; b. Surface water facilities, provided that such activities shall not involve conversion of any regulated wetland not currently being used for such actiyity; c. Existing public facilities and utility structures or right-or-way. The maintenance plan may be designed to address individual facilities or facility components, area- wide facilities or city-wide systems. The maintenance plan shall identify the nature of the potential maintenance or repair activities, specifications for work which may occur within potential sensitive areas, specifications for restoring and/or mitigating impacts, specifications for timing of maintenance or repair activities, and process for contacting or notifying the city of pending maintenance or repair activities to ensure compliance with the approved plan. The public works director may require that an appropriate bond or security be maintained with the city to ensure restoration of disturbed areas. (Ord. No. 91-105, § 4(80.37),8-20-91) 22-1249 - 22-1265 Reserved. Division 3. General Site Design Requirements 22-1266 Responsibility of applicant. The applicant shall locate all improvements on subject property to minimize adverse impacts in to steep slopes geologically hazardous areas, wells, streams, regulated lakes,- aHd regulated wetlands, and critical aquifer recharge and wellhead protection areas. (Ord. No. 90-43, § 2(80.60(1)), 2-27-90; Ord. No. 91- 105, § 4(80.60(1)), 8-20-91; Ord. No. 91-123, § 3(80.60(1)),12-17-91) 22-1267 Physical barriers. The applicant shall install a berm, curb or other physical barrier during construction and, if necessary, following completion of development of the subject property, to prevent direct runoff and erosion from any disturbed area onto or into a steep slope geologically hazardous area, any area within 100 feet of a well head, a stream, a regulated lake or a regulated wetland. (Ord. No. 90-43, § 2(80.60(2», 2-27-90; Drd. No. 91-105, § 4(80.60(2)), 8-20-91; Ord. No. 91-123, § 3(80.60(2)),12-17-91) FWCC - EnvireRmeRtally Sensit¡"'e :\3'eas Critical Areas Page 5 22-1268 VehicIe circulation areas. The applicant shall locate all parking and vehicle circulation areas as far as possible from any 5teej) ~ geologically hazardous area, well head, stream, regulated lake and regulated wetland. (Ord. No. 90- 43, § 2(80.60(3)), 2-27-90; Ord. No. 91-105, § 4(80.60(3)), 8-20-91; Ord. No. 91-123, § 3(80.60(3)),12-17-91) 22-1269 Time limitation. The city may limit development activities which involve any land surface modification to specific months of the year and to a maximum number of continuous days or hours in order to minimize adverse impacts. (Ord. No. 90-43, § 2(80.60(4)), 2-27-90; Ord. No. 91-105, § 4(80.60(4)), 8-20-91; aId. No. 91-123, § 3(80.60(4)),12-17-91) 22-1270 Other requirements. The city may require other construction techniques, conditions and restrictions on development in order to minimize adverse impacts on steep slopes geologically hazardous areas, wells, critical aquifer recharge areas and wellhead protection areas, streams, regulated lakes~ or regulated wetlands. (Ord. No. 90- 43, § 2(80.60(5)), 2-27-90; Ord. No. 91-105, § 4(80.60(5)), 8-20-91; Ord. No. 91-123, § 3(80.60(5)),12-17-91) 22-1271 - 22-1285 Reserved. Division 4. Geologically Hazardous Areas Development 22-1286 Limitations. (a) This section regulates development activities and land surface modifications on or within 25 feet of a geologically hazardous area. (b) Development activities, land surface modifications or the installation and maintenance of landscaping nonnally associated with residential, commercial or park use may not occur on or within 25 feet of a geologically hazardous area unless no reasonable alternative exists and then only if the development activity or land surface modification will not lead to or create any increased slide, seismic or erosion hazard. (c) Before approving any development activity or land surface modification under this section, the city may require the applicant to submit the following infonnation: (I) A soils report prepared by a qualified professional engineer licensed in the state which describes how the proposed development will impact each of the following on the subject property and nearby properties: a. Slope stability, landslide hazard and sloughing. b. Seismic hazards. c. Groundwater. d. Seeps, springs and other surface waters. e. Existing vegetation. (2) Recommended foundation design and optimal location for roadways improvements. (3) Recommended methods for mitigating identified impacts and a description of how these mitigating measures may impact adjacent properties. (4) Any other infonnation the city detennines is reasonably necessary to evaluate the proposal. (d) If the city approves any development activity or land surface modification under this section, it may, among other appropriate conditions, impose the following conditions of approval: (1) That the recommendations of the soils report be followed. (2) That the applicant pay for the services of a qualified professional engineer selected and retained by the city to review the soils report and other relevant infonnation. (3) That a qualified professional engineer be present on site during all land surface modification activities. FWCC - Em'iroRmentalIy SeRsitive 1\reas Critical Areas Page 6 (4) That trees, shrubs and groundcover be retained except where necessary for approved development activities on the subject property. (5) That additional vegetation be planted in disturbed areas. (Ord. No. 90-43, § 2(80.65), 2-27-90; Ord. No. 90-79, § 3, 12-18-90; Ord. No. 91-105, § 4(80.65),8-20-91; Ord. No. 91-123, § 3(80.65),12-17-91) 22-1287 - 22-1305 Reserved. Division 5. Streams 22-1306 Setbacks. (a) No land surface modification or improvements may take place or be located in a stream or within the following setback areas except as allowed within this article: (I) The setback area for a major stream includes all areas within 100 feet outward from the ordinary high water mark of a major stream. (2) The setback area for a minor stream includes all areas within 50 feet outward from the ordinary high water mark of a minor stream. (b) The setback areas established by this section do not apply to any segment of a stream that is presently within a culvert, unless that stream will be taken out of the culvert as part of development of the subject property. (Ord. No. 90-43, § 2(80.75), 2-27-90; Ord. No. 90-79, § 4,12-18-90; Ord. No. 91-105, § 4(80.75), 8-20-91; Ord. No. 91-123, § 3(80.75), 12-17-91; Ord. No. 99-353, § 3, 11-16-99) 22-1307 Relocation. (a) Relocation of a stream on the subject property is permitted subject to all of the conditions and restrictions of this section. (b) A proposal to relocate a stream will be reviewed and decided upon using process IV in FWCC 22- 431 et seq. (c) As part of any request under this section, the applicant must submit a stream relocation plan, prepared by a qualified professional approved by the city, that shows the following: (I) The creation of a natural meander pattern. (2) The formation of gentle side slopes, at least two feet horizontally to one foot vertically, and the installation of erosion control features for stream side slopes. (3) The creation of a narrow subchannel, where feasible, against the south or west bank. (4) The utilization of natural materials, wherever possible. (5) The use of vegetation normally associated with streams, including primarily native riparian vegetation. (6) The creation of spawning and nesting areas, wherever appropriate. (7) The re-establishment of the fish population, wherever feasible. (8) The restoration of water flow characteristics compatible with fish habitat areas, wherever feasible. (9) The filling and revegetation of the prior channel. (10) A proposed phasing plan specifying time of year for all project phases. (d) The city will allow a stream to be relocated only if water quality, habitat and stormwater retention capability of the streams will be significantly improved by the relocation. Convenience to the applicant in order to facilitate general site design may not be considered. (e) Prior to diverting water into the new channel, a qualified professional approved by the city shall inspect the new channel following its completion and issue a written report to the director of community development stating that the channel complies with the requirements of this section. (t) The amount of flow and velocity of the stream may not be increased or decreased as the stream enters or leaves the subject property. (Ord. No. 90-43, § 2(80.80), 2-27-90; Ord. No. 91-105, § 4(80.80), 8-20- 91; Ord. No. 91-123, § 3(80.80),12-17-91; Ord. No. 99-353, § 3,11-16-99) FWCC - Environmentally SeFlsitiye :\reas Critical Areas Page 7 22-1308 Bulkheads. (a) A bulkhead may not be located in or along a stream except as established in this section. (b) A request for a bulkhead in or along the stream will be reviewed and decided upon using process III in FWCC 22-386 et seq. (c) A request to locate a bulkhead in or along the stream will only be granted if the bulkhead is needed to prevent significant erosion and the use of vegetation will not sufficiently stabilize the bank to prevent this erosion. (d) The bulkhead, if permitted, must be designed to minimize the transmittal of water current to other properties. Changes in the horizontal or vertical configuration of the land in or around the stream must be kept to a minimum. (Ord. No. 90-43, § 2(80.85), 2-27-90; Ord. No. 91-105, § 4(80.85), 8-20-91; Ord. No. 91-123, § 3(80.85),12-17-91; Ord. No. 97-291, § 3,4-1-97) 22-1309 Culverts. (a) Culverts are permitted in streams only if approved under this section. (b) The city will review and decide upon applications under this chapter using process III in FWCC 22-386 et seq. (c) The city will allow a stream to be put in a culvert only if: (1) No significant habitat area will be destroyed; and (2) It is necessary for some reasonable use of the subject property. Convenience to the applicant in order to facilitate general site design will not be considered. The applicant must demonstrate, by submitting alternative site plans showing the stream in an open condition, that no other reasonable site design exists. (d) The culvert must be designed and installed to allow passage of fish inhabiting or using the stream. The culvert must be large enough to accommodate a lOO-year storm. (e) The applicant shall, at all times, keep all culverts on the subject property free of debris and sediment so as to allow fÌ"ee passage of water and, if applicable, fish. The city shall require a bond under FWCC 22-146 et seq. to ensure maintenance ofthe culvert approved under this section. (Ord. No. 90-43, § 2(80.90),2-27-90; Ord. No. 91-105, § 4(80.90),8-20-91; Ord. No. 91-123, § 3(80.90),12-17-91; Ord. No. 97-291, § 3,4-1-97) 22-1310 Removal of streams from culverts. If development of the subject property requires approval through process I, II or III of this chapter, the city may require the stream to be taken out of the culvert and restored to a natural-like configuration as part of the city's approval of development of the subject property. (Ord. No. 90-43, § 2(80.95), 2-27-90; Ord. No. 91-105, § 4(80.95), 8-20-91; Ord. No. 91-123, § 3(80.95),12-17-91) 22-1311 Rehabilitation. The director of community development may permit or require the applicant to rehabilitate or maintain a stream by requiring the removal of detrimental materials such as debris, sediment and invasive, non-native vegetation. Approval of stream rehabilitation shall be based on a review of a plan containing, at a minimum, an analysis of existing conditions, identification of the source, if possible, of the degradation of the stream or riparian zone, proposed corrective actions, including installation of native species within the riparian corridor, performance standards, monitoring schedule, planting plans, erosion and sedimentation control plans, and grading plans as necessary. The director shall require an applicant to retain the services of a qualified professional in preparing the restoration plan. These actions may be permitted or required at any time that a condition detrimental to water quality, stability of stream banks, degradation of existing naturally vegetated buffers, or in stream habitat exists. Intrusions into regulated steep slopes and associated setbacks will be allowed for purposes of approved stream rehabilitation projects. (Ord. No. 90-43, § 2(80.100), 2-27-90; Ord. No. 91-105, § 4(80.100),8-20-91; Ord. No. 91-123, § 3(80.1 00), 12-17-91; Ord. No. 99-353, § 3, 11-16-99) FWCC - EnvirøRmentally Seflsitive .A.reas Critical Areas Page 8 22-1312 Intrusion into setbacks. (a) Essential public facilities, public utilities and other public improvements. The director of community development may permit the placement of an essential public facility, public utility or other public improvements in a setback from a stream ifhe or she determines that the line or improvement must traverse the setback area because no feasible alternative location exists based on an analysis of technology and system efficiency. The specific location and extent of the intrusion into the setback area must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility. "Public utility and other public improvements" shall not include improvements whose primary purpose is to benefit a private development, including without limitation interior roads or privately-owned detention facilities installed within or during the construction of a residential subdivision, binding site plan, or other commercial development. (b) Minor improvements. Minor improvements such as footbridges crossing the stream, walkways and benches may be located within the setback area if approved through process III, based on the following criteria: (1) It will not adversely affect water quality; (2) It will not adversely affect the existing quality of wildlife habitat within the stream or setback area; (3) It will not adversely affect drainage or stormwater retention capabilities; (4) It will not lead to unstable earth conditions nor create erosion hazards; (5) It will not be materially detrimental to any other property nor to the city as a whole; and (6) It is necessary to correct anyone of the adverse conditions specified in subsections (b)(1) through (b)( 5) of this subsection. (c) Other intrusions. Other than as specified in subsections (a) and (b) of this section, the city may approve any request to locate an improvement or engage in land surface modification within stream setback areas only through process IV, based on the following criteria: (1) It will not adyersely affect water quality; (2) It will not adversely affect the existing quality of wildlife habitat within the stream or setback area; (3) It will not adversely affect drainage or stormwaterretention capabilities; (4) It will not lead to unstable earth conditions nor create erosion hazards; (5) It will not be materially detrimental to any other property in the area ofthe subject property nor to the city as a whole, including the loss of significant open space; and (6) It is necessary for reasonable development ofthe subject property. (Ord. No. 90-43, § 2(80.105), 2-27-90; Drd. No. 91-105, § 4(80.105), 8-20-91; Ord. No. 91-123, § 3(80.105),12-17-91; Ord. No. 99-353, § 3,11- 16-99) 22-1313 Additional requirements for land surface modification. If any land surface modification is permitted within the stream or stream setback area, the applicant shall comply with the following additional requirements: (1) All fill material used must be nondissolving and nondecomposing. The fill material must not contain organic or inorganic material that would be detrimental to water quality or the existing habitat. (2) The applicant may deposit dredge spoils on the subject property only if part of an approved development on the subject property. (3) The applicant shall stabilize all areas left exposed after land surface modification with native vegetation normally associated with the stream or setback area. (Ord. No. 90-43, § 2(80.110),2-27-90; Ord. No. 91-105, § 4(80.110), 8-20-91; Ord. No. 91-123, § 3(80.110), 12-17-91) FWCC - EnvirøRmeRtally Seflsitive :\reas Critical Areas Page 9 22-1314 - 22-1330 Reserved. Division 6. Regulated Lakes 22-1331 Conformance with division. No structure, improvement nor land surface modification may be constructed or take place within regulated lakes or within setback areas from regulated lakes except as allowed in this article. (Ord. No. 90- 43, § 2(80.115), 2-27-90; Ord. No. 91-105, § 4(80.115), 8-20-91; Ord. No. 91-123, § 3(80.115), 12-17-91) 22-1332 Setback areas. All areas landward 25 feet in every direction from the ordinary high water mark of a regulated lake is within the setback area from a regulated lake. (Ord. No. 90-43, § 2(80.120), 2-27-90; Ord. No. 91-105, § 4(80.120),8-20-91; Ord. No. 91-123, § 3(80.120),12-17-91) 22-1333 Activities and improvements waterward of the ordinary high water mark. This section regulates structures, improvements and activities waterward of the ordinary high water mark of regulated lakes. (1) Dredging and filling. Except as permitted in conjunction with activities regulated under process III and lV, FWCC 2217622-386 et seq. and 2251622-431 et seq., dredging and filling waterward of the ordinary high water mark of a regulated lake is prohibited. (2) Structures and improvements. Except as permitted in conjunction with activities regulated under process III and lV, FWCC 22 17622-386 et seq. and 22 51622-431 et seq., the only structures or improvements that may be located waterward of the ordinary high water mark of a regulated lake are moorage structures. The city will review and decide upon any proposal for a moorage structure waterward of the ordinary high water mark using process III. The city may grant a request under this section if the moorage structure is accessory to a dwelling unit or public park on the subject property and no significant habitat area will be damaged by its construction or use. A moorage structure, if permitted, may not extend waterward further than is reasonably necessary to function properly, but in no event more than 200 feet waterward of the ordinary high water mark. Moorage structures may not be treated with creosote, oil base or other toxic substances. The top of the moorage structure may not be more than two feet above the ordinary high water mark. (Ord. No. 90-43, § 2(80.125),2-27-90; Ord. No. 91-105, § 4(80.125), 8-20-91; Ord. No. 91-123, § 3(80.125),12-17-91; Ord. No. 99-353, § 3,11-16-99) 22-1334 Activities and improvements within the required setback areas from regulated lakes. No structure, improvement nor land surface modification may be located or take place within the setback area from a regulated lake except as allowed in this section. (1) Landscaping and land surface modification. Except as otherwise specifically permitted in this section, the setback area from a regulated lake may not be covered with an impervious surface. Installation and maintenancè of normal residential or park-like landscaping may take place within the required setback area, provided that no fertilizers, pesticides or other chemicals or substances are applied within the setback area that will degrade water quality or hasten eutrophication of the lake. Land surface modification beyond installation and maintenance of normal residential or park-like landscaping may only be permitted within the setback area if approved through process III based on the following criteria: a. The proposed land surface modification is necessary for the reasonable use ofthe subject property . b. The land surface modification will not increase or decrease the size of the regulated lake. c. The land surface modification will not change the points where any water enters or leaves the subject property nor in any way change drainage patterns to or from adjacent properties. d. The proposed land surface modification will not be detrimental to water quality or habitats in or around the lake. FWCC ~ Ew.'ironmeAtally SeAsitive .^.-reas Critical Areas Page 10 (2) Minor structures and improvements. Minor improvements such as walkways, benches, platforms for storage of small boats and small storage lockers for paddles, oars, life preservers and similar boating equipment may be located within the setback area if approved by the director of community development based on the following criteria: a. The minor improvement will not adversely affect water quality. b. The minor improvement will not destroy nor damage a significant habitat area. c. The minor improvement will not adversely affect drainage or stormwater retention capabilities. d. The minor improvement will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole. (3) Essential public facilities and utilities. The director of community development may permit the placement of an essential public facility or utility in the setback area if he or she detemines that the line or improvement must traverse the setback area because no feasible alternative location exists based on an analysis oftechnology and system efficiency. The specific location and extent of the intrusion into the setback area must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility. (4) Other intrusions. a. Where the properties immediately abutting the subject property have dwelling units which extend into the setback area, the applicant may construct a dwelling unit on the subject property that extends into this setback area to the extent pemitted in subsection (4)(b) of this section. b. Where subsection (4)(a) of this section applies, the dwelling unit on the subject property may be no closer to the ordinary high water mark of the regulated lake than the average of the distance of the two dwelling units on the properties immediately abutting the subject property. If one of the properties immediately abutting the subject property does not contain a dwelling unit or the dwelling unit on that abutting property is more than 25 feet from the ordinary high water mark of the regulated lake, the setback of the dwelling unit on that lot will be presumed to be 25 feet for the purposes of calculating the pemissible location for the dwelling unit on the subject property under this section. (5) Revegetation. The applicant shall stabilize all areas left exposed after land surface modification with appropriate vegetation. (Ord. No. 90-43, § 2(80.130), 2-27-90; Ord. No. 90-79, § 5,12-18-90; Ord. No. 91-105, § 4(80.130), 8-20-91; Ord. No. 91-123, § 3(80.130),12-17-91; Ord. No. 99-353, § 3, 11-16-99) 22-1335 Rehabilitation. The director of community development may permit or require the applicant to rehabilitate or maintain a regulated lake by requiring the removal of detrimental materials such as debris, sediment and inappropriate vegetation and by requiring the planting of native vegetation. These actions may be permitted or required at any time that a condition detrimental to water quality or habitat exists. (Ord. No. 90-43, § 2(80.135),2-27-90; Ord. No. 91-105, § 4(80.135), 8-20-91; Ord. No. 91-123, § 3(80.135),12-17-91) 22-1336 Bulkheads. (a) General. A bulkhead is pemitted within or adjacent to a regulated lake subject to the provisions of this section. (b) Required pemit. The city will review and decide upon an application under this section using process III. (c) Criteria. The city may pemit a bulkhead to be constructed only if: (I) The bulkhead is needed to prevent significant erosion. (2) The use of vegetation will not sufficiently stabilize the shoreline to prevent the significant erOSIOn. (d) Design features. A bulkhead may not be located between a regulated lake and a wetland. Changes in the horizontal or vertical configuration of the land must be kept to a minimum. The bulkhead must be designed to minimize the transmittal of wave energy to other properties. (Ord. No. 90-43, § 2(80.140), 2-27-90; Ord. No. 91-105, § 4(80.140), 8-20-91; Ord. No. 91-123, § 3(80.140),12-17-91; Ord. No. 99-353, § 3, 11-16-99) FWCC - EnvireBffiætally SeBsitive ,^d'eas Critical Areas Page II 22-1337 - 22-1355 Reserved. Division 7. Regulated Wetlands 22-1356 Determination of wetland and regulated wetland. (a) Generally. This section contains procedures and criteria for determining whether an area is defined as a regulated wetland under this chapter. (b) Evaluation. If the city determines that a wetland may exist on or within 200 feet ofthe subject property, the director of community development shall require the applicant to submit a wetland report, prepared by a qualified professional approved by the city, that includes the information set forth in subsections (b)(1) through (b )(7) and (c) of this section. The director of community development shall use the information required by subsections (b)(1) and (b )(2) to determine if the area is a regulated wetland and, if so, shall use the information required by subsections (b )(3) through (b )(7) and (c) to determine the category and the precise boundaries of that regulated wetland. (1) An evaluation of whether the area in question is a regulated wetland, based on the definition of "regulated wetland" in FWCC 22-1. (2) An overview of the methodology used to conduct the study. (3) A description of the wetland and plant communities found therein, a map delineating the edge of the wetland and location of plant communities, and a detailed description of the method used to identify the wetland edge. (4) The wetland classification, according to the U.S. Fish and Wildlife Service "Classification of Wetlands and Deep Water Habitats in the U.S." (5) A list of observed plant and wildlife species, using both scIentific and common names, and a description of their relative abundance. (6) A list of potential plant or animal species based on signs or other observation. (7) An evaluation and assessment of the existing or potential functions and values of the wetland based on the following factors: Surface water control; wildlife habitat; pollution and erosion control; groundwater exchange; open space and recreation; and educational and cultural opportunities. (c) Drainage facilities. Surface water ponds, drainage ditches, and other such facilities which were designed to impound or convey water for an engineered purpose are not considered regulated wetlands under this article proyided they meet all of the following criteria: (I) The drainage facility must have been intentionally human created. This is to differentiate from those wetland sites that are accidental consequences of development actions, such as road construction or culvert placement. Such sites may be considered regulated wetlands by the director upon a review, under subsection (b)(7) of this section, of the ecological functions and values of the site. (2) The drainage facility must have been originally constructed on uplands (nonwetland areas). If the drainage facility is located within a straightened, channelized, or otherwise disturbed natural watercourse, it may be considered a regulated wetland by the director upon a review, under subsection (b )(7) of this section, of the ecological functions and values ofthe site. (3) The facility must be actively operated as fer use as a surface water drainage facility. Abandoned drainage facilities may be considered regulated wetlands by the director upon a review, under subsection (b)(7) of this section, of the ecological functions and values ofthe site. (4) Wetland conditions have not expanded beyond the originally constructed drainage facility boundary. In such a case the expanded area may be considered a regulated wetland by the director upon review, under subsection (b)(7) of this section, of the ecological functions and values of the site. (5) The drainage facility was not designed or constructed as a requirement to mitigate previous wetland impacts. FWCC - ERviroRmefitally SeRsitive .A.reas Critical Areas Page 12 (6) The director finds that limited ecological functions and values do not warrant application of the city's wetland regulations. (Ord. No. 90-43, § 2(80.145), 2-27-90; Ord. No. 91-105, § 4(80.145), 8-20-91; Ord. No. 91-123, § 3(80.145),12-17-91; Ord. No. 99-353, § 3,11-16-99) 22-1357 Wetland categories and standard buffers. (a) Regulated wetlands are classified into the following categories: (1) Category I wetlands meet one of the following criteria: a. Contain the presence of species or documented habitat recognized by state or federal agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or b. Contain the presence of plant associations of infrequent occurrence, irreplaceable ecological functions, or exceptional local significance including but not limited to estuarine systems, peat bogs and fens, mature forested wetlands, groundwater exchange areas, significant habitat or unique educational sites; or c. Have three or more wetland classes, one of which is open water. (2) Category II wetlands are greater than 2,500 square feet in area, do not exhibit the characteristics of Category I wetland~, and meet one of the following criteria: a. Are contiguous with water bodies or tributaries to water bodies which under normal circumstances contain or support a fish population, including streams where flow is intermittent; or b. Are greater than one acre in size in its entirety; or c. Are less than or equal to one acre in size in its entirety and have two or more wetland classes, with neither class dominated by non-native invasive species. (3) Category III wetland are greater than 2,500 square feet in area and do not exhibit those characteristics of Category I or II wetlands. (b) Standard buffer widths for regulated wetlands are established as follows: (1) Category I wetlands shall have a standard buffer width of 200 feet. (2) Category II wetlands shall have a standard buffer width of 100 feet. (3) Category III wetlands shall have a standard buffer width of 50 feet for wetlands that are greater than 10,000 square feet in area, and shall have a standard buffer width of 25 feet for wetlands that are between 2,500 to 10,000 square feet in area. (Ord. No. 90-43, § 2(80.150),2-27-90; Ord. No. 91-105, § 4(80.150),8-20-91; Ord. No. 91-123, § 3(80.150), 12-17-91; Ord. No. 99-353, § 3,11-16-99) 22-1358 Structures, improvements and land surface modifications within regulated wetlands. (a) Generally. No land surface modification may take place and no structure or improvement may be located in a regulated wetland except as provided in this section. (b) Public park. The city may allow pedestrian access through a regulated wetland in conjunction with a public park. The access, if approved, must be designed to the maximum extent feasible to protect the wetland fÌ'om any adyerse effects or impacts of the access and to limit the access to the defined access area. (c) Rehabilitation. The director of community development may permit or require an applicant to rehabilitate and maintain a regulated wetland by removing detrimental material such as debris and inappropriate vegetation and by requiring that natiye vegetation be planted. These actions may be required at any time that a condition detrimental to water quality or habitat exists. (d) Modification. Other than as specified in subsections (b) and (c) ofthis section, the city may approve any request to locate an improvement or engage in land surface modification within a regulated wetland using process IV. The specific location and extent of the intrusion into the regulated wetland must constitute the minimum necessary encroachment. Approval of a request for improvements or land surface modification within a regulated wetland through process IV shall be based on the following criteria: (1) It will not adversely affect water quality. (2) It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat. (3) It will not adversely affect drainage or stormwater retention capabilities. FWCC - ERYireRffieatally SeRsitiye Areas Critical Areas Page 13 (4) It will not lead to unstable earth conditions nor create erosion hazards. (5) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of open space. (6) It will result in no net loss of wetland area, function or value. (7) The project is in the best interest of the public health, safety or welfare. (8) The applicant has demonstrated sufficient scientific expertise and supervisory capability to carry out the project. (9) The applicant is committed to monitoring the project and to make corrections if the project fails to meet projected goals. (e) Required infonnation. As part of any request under this section, the applicant shall submit a report, prepared by a qualified professional approved by the city, that includes the following infonnation: (1) Mitigation plan. A mitigation plan shall include the following elements: a. Environmental goals and objectives. b. Perfonnance standards. c. Detailed construction plans. d. Timing. e. Monitoring program for a minimum of five years. f. Contingency plan. g. Subject to the applicant's election of timing alternatives provided in subsection (e)(4) of this section, a perfonnance and maintenance bond in an amount of 120 percent of the costs of implementing the mitigation plan or the contingency plan, whichever is greater. (2) Mitigation. Mitigation of wetland impacts shall be restricted to restoration, creation or enhancement, within the same basin, of in-kind wetland type which results in no net loss of wetland area, function or value. Where feasible, mitigation measures shall be designed to improve the functions and values of the impacted wetland. (3) Minimum acreage mitigation ratio. The following are ratios for providing restoration, creation or enhancement of impacted wetland areas. The first number of the ratio specifies the acreage of wetland requiring restoration, creation or replacement and the second specifies the acreage of wetlands impacted. Wetland Category Creation and Restoration Enhancement Category I (all types) Category II: Forested Scrub/Shrub Emergent Category III: Forested 2: 1 4: 1 Scrub/Shrub 1.5: 1 3: 1 Emergent 1.25:1 2.5:1 The director may pennit or require the above replacement ratios to be increased or decreased based on the following criteria: a. Probable success of the proposed mitigation. b. Projected losses in function or value. c. Findings of special studies coordinated with agencies with expertise which demonstrate that no net loss of wetland function or value is attained under an alternative ratio. d. In no case shall the minimum acreage replacement ratio be less than 1.25: 1. (4) Timing. All required wetland mitigation improvements, including monitoring, shall be completed and accepted by the director of community development prior to beginning activities that will disturb regulated wetlands, or the applicant shall provide the perfonnance and maintenance bond 6:1 12:1 3:1 2:1 2:1 6:1 4:1 4:1 FWCC - ER'¡jronmeRtal1y Seflsitive ,^.reas Critical Areas Page 14 specified in subsection (e)( I )(g) of this section. In either event, the applicant may not take any action that disturbs a regulated wetland or its buffer until the director has reviewed and approved the mitigation plan. All wetland- or buffer-disturbing activities, and all mitigation, shall be timed to reduce impacts to existing plants and animals. (5) Inspections. The applicant shall pay for services of a qualified professional selected and retained by the city to review the wetland mitigation report and other relevant information, conduct periodic inspections, issue a written report to the director of community development stating that the project complies with requirements of the mitigation plan, and to conduct and report to the director on the status ofthe monitoring program. (Ord. No. 90-43, § 2(80.155), 2-27-90; aId. No. 90-79, § 6,12-18-90; aId. No. 91-105, § 4(80.155),8-20-91; Ord. No. 91-123, § 3(80.155),12-17-91; Ord. No. 99-353, § 3,11-16-99) 22-1359 buffers. (a) Generally. Except as allowed in this section, no land surface modification may take place and no structure or improvement may be located within a regulated wetland buffer. (b) Buffer averaging. Buffers may be averaged only when the wetland or the buffer which is proposed to be reduced contains habitat types which have been so permanently impacted that reduced buffers do not pose a detriment to the existing or expected habitat functions. Through process III, the applicant must demonstrate to the satisfaction of the director of community development that the proposed buffer averaging will meet all of the following criteria: (1) Reduced buffers will not affect the water quality entering a wetland or stream; (2) Reduced buffers will not adversely affect the existing quality of wildlife habitat within the wetland or the buffer; (3) Reduced buffers will not result in unstable earth conditions nor create erosion hazards; and (4) Reduced buffers will not be detrimental to any other public or private properties, including the loss of open space. At no point shall the buffer width be reduced to less than 50 percent of the required standard buffer width, unless the buffer, in existing conditions, has already been permanently eliminated by previous, legally permitted actions. The total area contained within the buffer after averaging shall be equal to the area required for standard buffer dimensions. (c) Essential public facilities, public utilities and other public improvements. The director of community development may permit the placement of an essential public facility, public utility or other public improvements in a regulated wetland buffer if he or she determines that the line or improvement must traverse the buffer because no feasible or alternative location exists based on an analysis of technology and system efficiency. The specific location and extent ofthe intrusion into the buffer must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility. (d) Minor improvements. Minor improvements such as footbridges, walkways and benches may be located within the buffer from a regulated wetland if approved through process III, based on the following criteria: (1) It will not adversely affect water quality; (2) It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat; (3) It will not adversely affect drainage or stormwater retention capabilities; (4) It will not lead to unstable earth conditions nor create erosion hazards; and (5) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole. (e) Buffer reduction. Through process III, the director of community development may reduce the standard wetland buffer width by up to 50 percent, but in no case to less than 25 feet, on a case-by-case basis, if the project includes a buffer enhancement plan which utilizes appropriate native vegetation and clearly substantiates that an enhanced buffer will improve and provide additional protection of wetland functions and values, and where one of the following conditions can be demonstrated: Structures, improvements and land surface modification within regulated wetland FWCC - Environmentally Sensitive Areas Critical Areas Page 15 (1) Existing conditions are such that the required standard buffer exists in a pennanently altered state (e.g., roadways, paved parking lots, pennanent structures, etc. which does not provide any buffer function, then the buffer can be reduced for that portion where the intrusions are existing. (2) Except for Category I wetlands, existing conditions are such that the wetland has been permanently impacted by adjacent development activities, as evidenced by such things as persistent human alterations or the dominance of non-native invasive species. (3) A project on an existing single-family lot platted prior to the incorporation of the city, where imposition of the standard buffer would preclude reasonable use of the lot. The director shall have the authority to detennine if buffer averaging is warranted on the subject property and, if so, may require additional buffer area on other portions of the perimeter of the sensitive area. (f) Modification. Other than as specified in subsections (b) and (c) of this section, the city may approve any request to locate an improvement or engage in land surface modification within the buffer from a regulated wetland through process IV, based on the following criteria: (1) It will not adversely affect water quality; (2) It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat; (3) It will not adversely affect drainage or stonnwater retention capabilities; (4) It will not lead to unstable earth conditions nor create erosion hazards; and (5) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of open space. Any modification under this subsection shall not reduce the standard buffer by more than 50 percent, and in no case shall the remaining buffer be less than 25 feet. The city may require, as a condition to any modification granted under this subsection, preparation and implementation of a wetland buffer enhancement plan to protect wetland and buffer functions and values. (g) Revegetation. The applicant shall stabilize all areas left exposed after land surface modification with native vegetation nonnally associated with the buffer. (h) Buffer increases. The director shall require increased environmentally sensitive area buffer widths on a case-by-case basis when the director detennines that a larger buffer is necessary to protect environmentally sensitive area functions, values or hazards based on site-specific conditions. This detennination shall be supported by appropriate documentation showing that additional buffer width is reasonably related to protection of environmentally sensitive area functions and values, or protection of public health, safety and welfare. Such detennination shall be attached as pennit conditions. The detennination shall demonstrate that at least one of the following factors are met: (1) There is habitat for species listed as threatened or endangered by state or federal agencies present within the sensitive area and/or its buffer, and additional buffer is necessary to maintain viable functional habitat; (2) There are conditions or features adjacent to the buffer, such as steep slopes or erosion hazard areas, which over time may pose an additional threat to the viability of the buffer and/or the sensitive area. In such circumstances the city may choose to impose those buffers, if any associated with the condition or feature posing the threat in addition to, or to a maximum, beyond the buffer required for the subject sensitive area. (Ord. No. 90-43, § 2(80.160), 2-27-90; Ord. No. 90-79, § 7, 12-18-90; Ord. No. 91-105, § 4(80.160),8-20-91; Ord. No. 91-123, § 3(80.160),12-17-91; Ord. No. 99-353, § 3,11-16-99) 22-1360 - 22-1368 Reserved. Division 8. Regulated Well Heads 22-1369 Criteria. Any well constructed after March 1, 1990, must comply with the siting criteria of Chapter 173-160 WAc. Any improvement or use on the subject property erected or engaged in after March 1, 1990, must FWCC - ErwireRmeRtally SeRsitive Areas Critical Areas Page 16 comply with the requirements in Chapter 173-160 WAC regarding separation of wells from sources of pollution. (Ord. No. 90-43, § 2(80.70), 2-27-90) 22 1370 22 1375 Reserved. Division 9. Critical Aquifer Rechan!e Areas and Wellhead Protection Areas 22-1370 Limitations. This division regulates any development activity, or division of land which requires review under Chapter 18, Environmental Protection, and which is located within designated wellhead capture zones. Wellhead Capture Zones 1, 2, and 3 are designated as critical aquifer recharge areas under the provisions ofthe Growth Management Act (Chapter 36.70A RCW) and are established based on proximity to and travel time of groundwater to the city's public water source wells. This division shall not apply to projects that have received a Letter of Completeness prior to the effective date of the amendments. 22-1371 Classification of wellhead capture zones. The Lakehaven Utility District (LUD) has designated three wellhead capture zones based on proximity to and travel time of groundwater to the city's public water source wells: (a) Wellhead Capture Zone 1 represents the land area overlaying the one-year time-of-travel zone of any public water source well owned by LUD. (b) Wellhead Capture Zone 2 represents the land area overlaying the five-year time-of-travel zone of any public water source well owned by LUD, excluding the land area contained in Wellhead Capture Zone 1. (c) Wellhead Capture Zone 3 represents the land area overlaying the lO-year time-of-travel zone of any public water source well owned by LUD, excluding the land area contained in Wellhead Capture Zones 1 or 2. 22-1372 General requirements. (1) Activities may only be permitted in a critical aquifer recharge area and wellhead protection area if the applicant can show that the proposed activity will not cause contaminants to enter the aquifer; (2) The city shall impose development conditions to prevent degradation of the critical aquifer recharge and wellhead protection area. All conditions to permits shall be based on known, available, and reasonable methods of prevention control and treatment (AKART). (3) The proposed activity must comply with the water source protection requirements and recommendations of the Federal Enyironmental Protection Agency, State Department of Ecology, State Department of Health, and the King County Health Department. (4) The proposed activity must be designed and constructed in accordance with the King County Surface Water Design Manual (KCSWDM), the Federal Wav Addendum to the KCSWDM, and the King County Storm water Pol/ution Control Manual (BMP manual). 22-1373 Prohibited activities in wellhead capture zone 1. (1) Land uses or activities for development that pose a significant hazard to the city's groundwater resources resulting from storing, handling, treatin~, using, producing, recycling, or disposing of hazardous materials or other deleterious substances shall be prohibited in Wellhead Capture Zone 1, except as specified in FWCC 22-340. These land uses and activities include, but are not limited to: a. On-site community sewage disposal systems as defined in Chapter 248-272 WAC; b. Hazardous liquid pipelines as defined in Chapter 81.88 RCW: c. Solid waste landfills; d. Solid waste transfer stations: e. Liquid petroleum refining, reprocessing, and storage; FWCC - ERvirøflmefltally SeRsiti'le Areas Critical Areas Page 17 f. The storage or distribution of gasoline treated with the additive MTBE; g. Hazardous waste treatment, storage, and disposal facilities (except those defined under pennit by rule for industrial wastewater treatment processes per Chapter 173-303-802rSlrc 1 WAC); h. Chemical manufacturing, including but not limited to, organic and inorganic chemicals, plastics and resins, phannaceuticals, cleaning compounds, paints and lacquers, and agricultural chemic<l;ls; i. Dry cleaning establishments using the solvent perchloroethylene; i. Primary and secondary metal industries that manufacture, produce, smelt, or refine ferrous and non-ferrous metals from molten materials; k. Wood treatment facilities, including wood preserving and wood products preserving; 1. Mobile fleet fueling operations; m. Mining (metal, sand, and gravel); and n. Other land uses and activities that the city detennines would pose a significant groundwater hazard to the city's groundwater supply. (2) The uses listed in FWCC 22-13 79( 1 ) represent the state of present knowledge and most common description of said uses. As other polluting uses are discovered, or other tenns of description become necessary, they will be added to the list of uses prohibited within this zone. 22-1374 Ree:ulation offacilities handline: and storine: hazardous materials. (1) Any development activity or division ofland which requires review under Chapter 18, Environmental Protection located in critical aquifer recharge areas (wellhead capture zones 1, 2, and 3) shall submit a Hazardous Materials Inventory Statement with a development pennit application. On-going operation and maintenance activities of public wells by public water providers are exempt from these requirements. (2) The Deyelopment Reyiew Committee will review the Hazardous Materials Inventory Statement along with the land use application, to detennine whether hazardous materials meeting the definition of FWCC 22-1 will be used, stored, transported or disposed of in connection with the proposed activity. The Development Review Committee shall make the following detennination: (a) No hazardous materials are involved. (b) Hazardous materials are involved; however, existing laws or regulations adequately mitigate any potential impact, and documentation is provided to demonstrate compliance. (c) Hazardous materials are inyolved and the proposal has the potential to significantly impact Critical Aquifer Recharge Areas and Wellhead Capture Zones; however, sufficient infonnation is not available to evaluate the potential impact of contamination. The City may require a Hydrogeologic Critical Area Assessment Report to be prepared by a qualified groundwater scientist in order to detennine the potential impacts of contamination on the aquifer. The report shall include the following site and proposal related infonnation, at a minimum: (i) Infonnation regarding geologic and hvdrogeologic characteristics of the site, including the surface location of the wellhead capture zone in which it is located and the type of infiltration of the site. (ii) Groundwater depth, flow direction, and gradient. (iii) Location of other critical areas, including surface waters, within 200 feet of the site; (iv) Best Management Practices (BMPs) and Integrated Pest Management (!PM) proposed to be used, including: 1. Predictive evaluation of groundwater withdrawal effects on nearby wells and surface water features; 2. Predictive evaluation of contaminant transport based on potential releases to groundwater; and 3. Predictive evaluation of changes in the infiltration/recharge rate. (3) A Spill Containment and Response Plan may be required to identify equipment and/or structures that could fail, and shall include provisions for inspection as required by the applicable state regulations. (4) A Groundwater Monitoring Plan may be required to monitor quality and quantity of groundwater, FWCC Eavironmeatally SeRsiti'¡e ,A.reas Critical Areas Page 18 surface water runoff. and/or site soils. The city mav require the owner of a facility to install one or more groundwater monitoring wells to accommodate the required groundwater monitoring. Criteria used to determine the need for site monitoring shall include, but not be limited to, the proximity of the facility to production or monitoring wells, the type and quantity of hazardous materials on site, and whether or not the hazardous materials are stored in underground vessels. (5) The city may employ an outside consultant at the applicant's expense for third-party review of the Hydrogeologic Critical Area Assessment Report, the Spill Containment and Response Plan, and the Groundwater Monitoring Plan. 22-1375 Performance Standards. (1 ) Any new or existing use applying for a development permit, or subdivision approval which requires review under Chapter 18, Environmental Protection within wellhead capture zone 1, which involves storing, handling, treating, using, producing, recycling, or disposing of hazardous materials or other deleterious substances meeting the definition of FWCC 22-1 shall comply with the following standards: (a) Secondary containment: i. The owner or operator of any facility or activity shall provide secondary containment for hazardous materials or other deleterious substances in quantities specified in the International Fire Code. ii. Hazardous materials stored in tanks that are subject to regulation by the Washington State Department of Ecology under Chapter 173-360 WAC (Underground Storage Tank Regulations) are exempt from the secondary containment requirements of this section, provided that documentation is 1Jrovided to demonstrate compliance with those regulations. (b) Design and construction of new stormwater infiltration systems must address site-specific risks of releases posed by all hazardous materials on site. These risks may be mitigated bv physical design means, or equivalent best management practices, in accordance with an approved Hazardous Materials Management Plan. Design and construction of said stormwater infiltration systems shall also be in accordance with the KCSWDM, as amended by the City of Federal Way, and shall be certified for compliance with the requirements of this section by a professional engineer or engineering geologist registered in the State of Washington. (c) The following standards shall apply to construction activities occurring where construction vehicles will be refueled on site, and/or hazardous materials meeting the definition ofFWCC 22-1 will be stored, dispensed, used, or handled on the construction site. As part of the city's project permitting process, the city may require any or all of the following items: i. Detailed monitoring and construction standards; ii. Designation of a person on site during operating hours who is responsible for supervising the use, storage, and handling of hazardous materials, and who has appropriate knowledge and training to take mitigating actions necessary in the event of a fire or spill; iii. Hazardous material storage, dispensing, refueling areas, and use and handling areas shall be provided with secondary containment adequate to contain the maximum release from the largest volume container of hazardous substances stored at the construction site; iv. Practices and procedures to ensure that hazardous materials left on site when the site is unsupervised are inaccessible to the public. Locked storage sheds, locked fencing, locked fuel tanks on construction vehicles, or other techniques may be used to preclude access; v. Practices and procedures to ensure that construction vehicles and stationary equipment that are found to be leaking fueL hydraulic fluid, and/or other hazardous materials will be removed immediately, or repaired on site immediately. The vehicle or equipment may be repaired in place, provided the leakage is completely contained; vi. Practices and procedures to ensure that storage and dispensing of flammable and combustible liquids from tanks, containers, and tank trucks into the fuel and fluid reservoirs of FWCC - EHviT8ßmentally SeRsitive ,A.Teas Critical Areas Page 19 construction vehicles or stationary equipment on the construction site are in accordance with the International Fire Code; and vii. Practices and procedures, and/or onsite materials adequate to ensure the immediate containment and cleanup of any release of hazardous substances stored at the construction site. On site clean up materials may suffice for smaller spills, whereas cleanup oflarger spills may require a subcontract with a qualified cleanup contractor. Releases shall immediately be contained, cleaned up, and reported if required according to state requirements. (2) Any development activity, or diyision of land which requires reyiew under Chapter 18, Environmental Protection within all wellhead capture zones 0, 2, and 3), which involves storing, handling, treating, using, producing, recycling, or disposing of hazardous materials, or other deleterious substances, meeting the definition of FWCC 22-1 shall comply with the following standards: (a) Fleet and automotive service station fueling, equipment maintenance, and vehicle washing areas shall have a containment system for collecting and treating all runoff from such areas and preventing release of fuels, oils, lubricants, and other automotive fluids into the soil. surface water, or groundwater. Appropriate emergency response equipment shall be kept on site during the transfer, handling, treatment, use, production, recycling, or disposal of hazardous materials or other deleterious substances. (b) Secondary containment or equivalent best management practices, as approved by the Director of Community Development Services, shall be required at loading and unloading areas that store, handle, treat, use, produce, recycle, or dispose of hazardous materials, or other deleterious substances, meeting the definition of FWCC 22-1. (c) Fill material shall not contain concentration of contaminants that exceed cleanup standards for soil as specified in the Model Toxics Control Act (MTCA). An Imported Fill Source Statement is required for all projects where more than 100 cubic yards of fill will be imported to a site. The city may require analytical results to demonstrate that fill materials do not exceed cleanup standards. The Imported Fill Source Statement shall include: i. Source location of imported fill; ii. Previous land uses of the source location; and iii. Whether or not fill to be imported is native, undisturbed soil. (d) All development or redevelopment shall implement best management practices (BMPs) for water quality and quantity, as approved by the Director of Community Development Services. Such practices include biofiltration swales and use of oil-water separators, BMPs appropriate to the particular use proposed, cluster development, and limited impervious surfaces. 22-1375.1 Use of pesticides. herbicides. and fertilizers in critical aquifer rechan!.e areas and wellhead protection areas. Proposed developments with maintained landscaped areas greater than 10,000 square feet in area which requires review under Chapter 18, Environmental Protection shall prepare an Operations and Management Manual using Best Management Practices (BMPs) and Integrated Pest Management (IMP) for fertilizer and pesticide/herbicide applications. The BMPs shall include recommendations on the quantity, timing, and type of fertilizers applied to lawns and gardens to protect groundwater quality. 1:\2004 Code Amcndments\Wellhead Protection\City Council\Exhibit A to Adoption Ordinance\Final Env Sensitive Areas.doc/J 0/26/2004 4:28 PM FWCC - Em'ironmentally Seasitive .-"reas Critical Areas Page 20 FEDERAL WAY CITY CODE CHAPTER 22. ARTICLE IV. NONCONFORMANCE Sections: 22-325 Purpose and intent. 22-326 Administration. 22-327 When conformance is required. 22-328 Regulations applicable to nonconforming use. 22-329 Abatement of nonconformance that was illegal when initiated. 22-330 Immediate compliance with certain provisions required. 22-331 Certain nonconformances specifically regulated - Generally. 22-332 Nonconforming use. 22-333 Nonconforming procedure. 22-334 Nonconforming development. 22-335 Nonconforming signs. 22-336 When public improvements must be installed. 22-337 Nonconforming water quality improvements. 22-338 Special provisions for residential uses. 22-338.1 Nonconforming accessory dwelling units. 22-338.2 Nonconforming adult entertainment, activity, retail, or use. 22-339 Special provisions for compliance with government regulations. 22-340 Special provisions for critical aquifer recharge areas and wellhead protection areas. 22 31022-341 Prohibition on increasing nonconformance. 22 311 22-342 Applicability of uniform building codes. 22 31222-343 Special provision for damaged improvements. 22 31322-344 Appeals. 22 311 Reserved. 22-325 Purpose and intent. The purpose of this article is to allow for the continuance and maintenance oflegally established nonconforming uses and structures, and to provide standards delineating the circumstances in which nonconforming uses and structures must be brought into conformance with the standards and provisions prescribed within this chapter. In particular, the intent of this article is to: (1) Ensure a reasonable opportunity for use oflegally created lots which do not meet current minimum code requirements for the zoning district in which they are located. (2) Ensure a reasonable opportunity for use, maintenance and minor improvement of legally constructed buildings, structures and site development features, encourage a reasonable opportunity for a change of tenants using such buildings, structures, or features, even where those buildings, structures and features do not comply with development regulations prescribed by this chapter, and provide more flexibility relative to structures and developments that were built in accordance with the codes and laws in effect at the time of construction. (3) Ensure a reasonable opportunity for continuation oflegally established uses which do not conform to use regulations for the zoning district in which they are located. (4) Encourage the replacement of nonconforming uses having potentially undesirable impacts on conforming uses. (5) Encourage the upgrading of nonconforming buildings, structures and site development featurés which do not comply with development regulations prescribed by this chapter. (Ord. No. 97-307, § 3,12-16-97) 22-326 Administration. This article establishes when and under what circumstances nonconforming aspects of a use or development must be brought into conformance with this chapter. The provisions of this article should be used only if there is some aspect of the use or development on the subject property that is not permitted under this chapter. (Ord. No. 90-43, § 2(165.05),2-27-90; Ord. No. 91-113, § 4(165.05), 12-3-91; Ord. No. 92- 135, § 3(165.05),4-21-92; aId. No. 92-144, § 3(165.05),6-16-92; ard. No. 97-307, § 3,12-16-97) 22-327 When conformance is required. If an aspect, element, activity or use of or on the subject property conformed to the applicable zoning chapter in effect at the time that aspect, element, activity or use was constructed or initiated, that aspect, element, activity or use way continue and need not be brought into conformance with this chapter unless a provision of this article requires conformance. (Ord. No. 90-43, § 2(165.10), 2-27-90; Ord. No. 91-113, § 4(165.10),12-3-91; aId. No. 92-135, § 3(165.10),4-21-92; aId. No. 92-144, § 3(165.10), 6-16-92; aId. No. 97- 307, § 3, 12-16-97) 22-328 Regulations applicable to nonconforming use. If a use is nonconforming in the zone in which it is located, this chapter does not establish applicable dimensional or other regulations. Ifthe use is a legal nonconforming use, the city will, in order to identify applicable regulations, determine the zone that allows the uses most similar to the nonconforming use and apply the development regulations of that zone. If the use is a legal nonconforming use that is allowed in one or more zones other than the zone in which it is located, the city determine the zone most similar to the zone in which the nonconforming use is located and apply the development regulations of that zone. (Ord. No. 90-43, § 2(165.15),2-27-90; Ord. No. 91-113, § 4(165.15),12-3-91; Ord. No. 92-135, § 3(165.15),4-21- 92; Ord. No. 92-144, § 3(165.15), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) 22-329 Abatement of nonconformance that was illegal when initiated. (a) Generally. Except as specified in subsection (b) ofthis section, any nonconformance that was illegal when initiated must immediately be brought into conformance with this article. The city may, using the provisions of Article IV of this chapter or any other applicable law, immediately abate any nonconformance that was illegal when initiated. (b) Exceptions. If a nonconformance has ever been in complete conformance with an applicable zoning code it may continue to exist subject to the provisions of this article, and it is not subject to abatement under subsection (a) of this section. (Ord. No. 90-43, § 2(165.20),2-27-90; aId. No. 91-113, § 4(165.20),12-3-91; Ord. No. 92-135, § 3(165.20),4-21-92; Ord. No. 92-144, § 3(165.20),6-16-92; Ord. No. 97- 307, § 3, 12-16-97) 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter: (1) Nonconformance with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconformance with the standards in the Uniform International Fire Code and FWCC 8-51 through 8-120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director in consultation with the appropriate fire safety officials; FWCC - Nonconfonnance Page 2 (7) Nonconfonnance with the odor standards in FWCC 22-958; (8) Nonconfonnance with the provisions in FWCC 22-1111 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformancewltli the provisions in FWCC 22-952 regarding junk; (10) Nonconfonnance with the glare standards in FWCC 22-950; (11) Nonconfonnance with the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconfonnance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, using any of the provisions of FWCC 22-121 et seq. or any other applicable law, immediately abate or seek discontinuance of-any nonconfonnance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25),2-27-90; Ord. No. 91-113, § 4(165.25),12-3-91; Ord. No. 92-135, § 3(165.25),4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) 22-331 Certain nonconformances specifically regulated - Generally. (a) FWCC 22-332 through 22-336 specify when and under what circumstances certain nonconfonnances must be corrected. If a nonconfonnance must be corrected under this section, the applicant must, as part ofthe application for any development pennit, submit all infonnation that the city reasonably needs to review the correction. In addition, the city will not issue a certificate of zoning compliance or pennit occupancy until the correction is made. (b) IfFWCC 22-330 applies to a specific nonconfonnance, the provisions of this section do not apply to that same nonconfonnance. (Ord. No. 90-43, § 2(165.35(1)), 2-27-90; Ord. No. 91-113, § 4(165.35(1), 12-3- 91; Ord. No. 92-135, § 3(165.35(1)),4-21-92; Ord. No. 92-144, § 3(165.35(1), 6-16-92; Ord. No. 97-307, § 3,12- 16-97) 22-332 Nonconforming use. Any nonconfonning use must be tenninated if: (1) The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the nonconfonning use; (2) Other than as specified in subsection (1) of this section, the applicant is making changes or alterations or doing work, other than nonnal maintenance, in anyone consecutive l2-month period to any structure that houses or supports the nonconfonning use and the fair market value of that change, alteration or work exceeds 15 percent of the assessed or appraised value of that structure. The applicant may provide an appraisal of the structure on the subject property. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used; (3) The subject property has been abandoned. (Ord. No. 90-43, § 2(165.35(2), 2-27-90; Ord. No. 91- 113, § 4(165.35(2»,12-3-91; Ord. No. 92-135, § 3(165.35(2», 4-21-92; Ord. No. 92-144, § 3(165.35(2»),6-16-92; Ord. No. 97-307, § 3,12-16-97) 22-333 Nonconforming procedure. Repealed by Ord. No. 97-307. (Ord. No. 90-43, § 2(165.35(3)), 2-27-90; Ord. No. 91-113, § 4(165.35(3)), 12-3-91; Ord. No. 92-135, § 3 (165.35(3)),4-21-92; Ord. No. 92-144, § 3 (165.35(3)), 6-16-92.) 22-334 Nonconforming development. If any aspect, structure, improvement or development does not confonn to the development regulations prescribed in this chapter, that aspect, structure, improvement or development must be brought into confonnance or otherwise improved as set forth below. (1) Change of use - Single-tenant site. If any applicant proposes a change of use on property used or occupied by a single tenant or use, the applicant shall meet those provisions detennined by the director FWCC - Nonconformance Page 3 to be reasonably related and applicable to the change of use. These provisions shall apply to the entire site. (2) Change of use - Multi-tenant site. If an applicant proposes a change of use on only a portion of property occupied by multiple tenants or uses,lhe applicant shall meet those provisions determined by the director to be reasonably related and applicable to the change of use. These provisions shall apply only to that geographic portion of the site related to the use or tenant space on which the change is proposed. (3) Increase in gross floor area. If an applicant proposes to increase the gross floor area of any use on the subject property in anyone of the following ways, the applicant shall comply with the development regulations in effect at the time of the proposal, as specified below: a. If expansion of gross floor area of an existing building occurs either through addition of new floors within the structure or enlargement of the existing building footprint, the applicant shall comply with all development regulations in effect at the time the expansion is proposed. If the property on which the expansion is proposed is occupied by multiple tenants or uses, the applicant sh~.ll comply with those development regulations applicable to the geographic portion of the site on which the expansion is proposed; or b. If a new and separate structure is being constructed on an already developed site, the applicant shall comply with all development regulations applicable to the geographic portion of the site on which the new structure and any related improvements are to be constructed; or c. If the increase in gross floor area involves an existing single-family residential dwelling, the applicant shall comply with the development regulations in effect at the time of the proposal. For single-family residences, existing nonconformities may remain and continue so long as the existing nonconformities are not being increased or expanded in any way. New construction or renovation which involves the increase in gross floor area of a nonconforming single-family structure is subject to all applicable requirements of this Code including but not limited to provisions related to environmentally sensitive areas (Article XIV), off-street parking (Article XV), improvements (Article XVI), and landscaping (Article XVII). (4) Abandonment. If an applicant proposes any work, including tenant improvements, on property that has been abandoned. The applicant shall comply with all development regulations applicable to the subject property, to the extent physically or technically practicable on the site. (5) The use conducted on the subject property has ceased for more than one year, in which case the applicant shall repair and/or restore the improvements on the site (e.g., drainage, landscaping, curbing, parking, parking lot landscaping, etc.) to a condition as near as physically possible to the condition required by the requirements of approval of the existing development. (6) The applicant is making any alteration or changes or doing any work, other than normal maintenance or other than tenant improvements, in anyone consecutive 12-month period to an improvement that is nonconforming and the fair market value of the alteration, change or other work exceeds 50 percent of the assessed or appraised value of that improvement. The applicant may provide an appraisal of the improvement. The appraisal must be from a source acceptable to the city. The director may require the applicant to provide an appraisal from a second source acceptable to the city if the assessed valuation appears to be inaccurate or inappropriate. If more than one appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. In the event this subsection is triggered with respect to a single-tenant or single-occupant site, the applicant shall meet all development regulations applicable to the property. In the event this subsection is triggered with respect to a site occupied by multiple tenants or uses, the applicant shall comply with those development regulations applicable to the geographic portion of the site on which the alteration, change or improvement is proposed. For purposes of this determining value under this section, improvements required pursuant to FWCC 22-334 (nonconforming development), 22-336 (street/sidewalk improvements), 22-337 (nonconforming water quality improvements) and 22-1473 (street/sidewalk FWCC - Nonconformance Page 4 improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection. This section does not govern application of Article XIX, community design guidelines; application of Article XIX is governed by FWCC 22-1630 thro~h 22-1639, as amended. This section also does not govern applic.ation of development regulations relating to water quality, signs, or street/sidewalk improvemeñrs; application of those development regulations is governed by FWCC 22- 337,22-335,22-336 and 22-1472, all as amended. (Ord. No. 90-43, § 2(165.35(4)), 2-27-90; Ord. No. 91-113, § 4(165.35(4)),12-3-91; Ord. No. 92-135, § 3(165.35(4)), 4-21-92; Ord. No. 92-144, § 3(165.35(4)), 6-16-92; Ord. No. 97-307, § 3,12-16-97; Ord. No. 02-420, § 3,7-2-02) *Editor's note - Ordinance No. 97-307, § 3, adopted December 16, 1997, amended § 22-334 to read as herein set out. Formerly, such section pertained to certain nonconformance specifically regulated - nonconforming parking. 22-335 Nonconforming signs. (a) Purpose. In order to ease the economic impact of this Code on businesspersons with substantial jnvèStment in signs in existence on the date of adoption of this Code, this section provides for up to 10 years of continued use of a nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this 10-year time period and/or may be amortized for federal income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section. (b) Definitions. A "nonconforming sign" means any sign as defined by FWCC 22-1597 which was legally in existence on the effective date of this Code, February 28, 1990, but which does not comply with the sign regulations of Article XVIII of this chapter, Signs, or any other sections of this Code. Any words, terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in FWCC 22-1 and 22-1597. (c) Legal nonconformance. (1) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of this Code, February 28, 1990, or located in areas annexed to the city thereafter which does not conform with the provisions of this Code, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: a. The sign was coyered by a sign permit on the date of adoption of this Code, if one was required under applicable law; or b. If no sign permit was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the date of adoption of this Code. (2) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss of legal nonconforming status and other limitations set forth in this section. (3) Exclusions. No temporary signs, portable signs, special signs, or incidental signs shall be eligible for characterization as legal nonconforming signs. (d) Legal nonconforming sign permit. (l) Required. A legal nonconforming sign permit is required for each legal nonconforming sign. The permit shall be obtained by the sign user or the sign owner, or the owner of the property upon which the sign is located, within 60 days of notification by the city that the sign is legal nonconforming. The permit shall be issued for no fee and shall expire at the end of the applicable amortization period prescribed in subsection (e) of this section. (2) Necessary information. Applications for a legal nonconforming sign permit shall contain the name and address of the sign user, the sign owner and the owner of the property upon which the sign is located, and such other pertinent information as the director of community development may require to ensure compliance with the Code, including proof of the date of installation of the sign. (3) Failure to comply. A legal nonconforming sign for which no permit has been issued within the 60-day period shall within six months be brought into compliance with the Code or be removed. Failure to comply shall subject the sign user, owner and/or owner of the property on which the sign is located to the remedies and penalties of FWCC 22-1604. FWCC - Nonconfonnance Page 5 (e) Amortization. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code, on or before February 28, 2000, and all signs which are made nonconforming by a subsequent amendment to this Code shall be discontinued and removed or made conforming within five years after the date of such amendment (collectively the "amortization period"). Upon the expiration of the amortization period, the sign shall be brought into conformance with this Code, with a permit obtained, or be-removed. A sign prohibited pursuant to FWCC 22-1600 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. (f) Extension ôr exemption from amortization period. (1) Applicability. This subsection applies to any sign which is required to be removed pursuant to subsection ( e) of this section following expiration of the amortization period. (2) Purpose. A sign amortization exemption or extension is a mechanism by which the city may provide relief from the effect of the sign amortization program when its enforcement would fail to noticeably improve the appearance of the neighborhood and the city any when a hardship would result from its enforcement. (3) Who may apply. The property owner or the person displaying the sign which is required to be removed pursuant to subsection (e) of this section may apply for a sign amortization extension or exemption. (4) Decisional criteria. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteria: a. The sign is compatible with the architectural design of structures on the subject property; b. The sign substantially complies with the requirements of the sign code for the land use district in which it is located. For purposes of this subsection, "substantial compliance" means that the height of the sign is within 10 percent of the sign height required by Article XVIII of this Code and that the sign area of the sign is within 20 percent of the sign area required by Article XVIII of this Code. Minor deviations from these percentages may be approved by the administrator if he or she concludes that the resulting sign is harmonious with the character öf the primary structures on the subject property and with the signs and structures on surrounding properties; c. The enforcement of this Code would result in a substantial hardship to the applicant due to the size, shape, topography, location or surroundings of the subject property and such hardship was not created by any action of the applicant or would result in a substantial economic hardship to the applicant because the applicant erected a sign, or made an application for a sign permit, between February 28, 1990, and June 6, 1995, in compliance with the existing sign code; d. The sign complies with the city's minimum sign distance at intersection requirements pursuant to FWCC 22-1151 et seq.; . e. If illuminated, the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not correctly visible; f. It is consistent with the city's comprehensive plan; and g. It is consistent with the public health, safety and welfare. (5) Applicable procedure. Except as otherwise provided by this subsection (f), the city will process an application for a sign amortization exemption or extension through process I of this Code. (g) Loss of legal nonconforming sign status. All nonconforming signs shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor therefore, and such nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: (1) Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconforming sign is associated. FWCC - Nonconformance Page 6 (2) Other alterations. The applicant is making any change, alteration or perfonning work other than nonnal maintenance or other than tenant improvements, in any 12-month period to any structure that houses or supports the use with which the nonconfonning sign is associated and the fair market value of those changes, alterations or other work exceeds 25 percent of the assessed value of that structure as detennined by the King County assessor. (3) Abandonment or business cessation. The subject property containing the sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive days. (4) Sign alterations. The applicant is making changes, alterations or perfonning any work to the legal nonconfonning sign other than regular and nonnal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconfonning sign designation. (5) Chal1g~ in use. There has been a change in use on the subject property as that tenn is defined by FWCC 22-1. - (6) Change in tenant. There has been a change in tenant or business on the subject property. In connection with any multiuse or multi-tenant complex, the foregoing events which require that a nonconfonning sign be either removed or brought into confonnance with this Code, shall apply only to the individual owner's or tenant's building-mounted or freestanding signs who has triggered the elimination ofthe legal nonconfonnance and not to the other signs located on the subject property, including any copy change in a center identification or tenant directory sign in order to include such tenant's name. (h) Historic signs. Nonconfonning on-site historical signs may be retained through process II, Article VII of this Code, if the sign is detennined to be of historic significance by satisfying all ofthe following criteria: (1) The sign is used in connection with a building which has been designated as a historic building pursuant to any federal, state or local preservation authority; (2) The subject sign or signs are substantially unchanged or unaltered since initial installation; (3) The subject sign or signs are a good example of the prevailing signage during the period in time it was installed; and (4) The subject sign or signs have been well maintained and are not materially detrimental to the public health, safety and welfare. (i) Government acquisition of property for right-of-way. (1) A sign that becomes nonconfonning with respect to its setback from the edge of a public right-of-way as a result of a local, state, or federal government acquisition of property for right-of-way expansion shall be characterized ~s a legal nonconfonning sign and shall be allowed subject to the requirements of subsection (i)(3) of this section. (2) The city may, using process I, allow the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria: a. The enforcement of this Code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local, state, or federal government acquisition of property for right- of-way expansion and not by any action of the applicant; b. The sign is not prohibited by FWCC 22-1600 and, except for location within a required setback, complies with all other requirements of FWCC 22-1596 through 22-1629; c. The sign complies with the city's minimum sight distance at intersection requirements pursuant to FWCC 22-1511 et seq.; and d. Location of the sign with a required setback is otherwise consistent with the public health, safety, and welfare. FWCC - Nonconfomlance Page 7 (3) Loss of legal nonconforming sign status. All nonconforming signs specified in subsections (1) and (2) of this section shall be immediately removed or modified to conform to all the provisions of this chapter, and a new pennit secured therefor~, and such nonconfonning sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: a. The applicant is making any changes, alteration, or perfonns any work to the legal nonconfonning sign other...¡han regular and nonnal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that any copy change in a center identification or tenant directory sign shall not result in the loss of such sign's legal nonconfonning sign designation; or b. The applicant is making any changes, alterations, or perfonns work other than nonnal maintenance or other than tenant improvements to any structure or improvement that houses or supports the use with which the nonconfonning sign is associated, and the fair market value of those changes, alterations, or other work, in anyone consecutive 12-month period, exceeds 75 percent of the assessed value of that structure or improvement, as detennined by the King County assessor. The applicant may provide an appraisal of the structure or improvement. The appraisal must be from a source that is acceptable to the city. The community development services director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inaccurate or inappropriate. If an appraisal acceptable to the city is provided by the applicant or required by the city, the larger of the two amounts shall be used. For purposes of detennining value under this subsection, improvements required pursuant to FWCC 22-334 (nonconforming development) and/or 22-336 (street! sidewalk improvements) shall not be counted towards the 75-percent threshold, which would trigger application of this subsection. (j) Exemption. The city may elect not to apply any provision of this section if the removal of a sign would require the city to pay compensation under any federal, state or other law, including Chapter 47.42 RCW. (Ord. No. 90-43, § 2(165.35 (5)), 2-27-90; Ord. No. 91-113, § 4 (165.35(5)), 12-3-91; Ord. No. 92-135, § 3 (165.35(5)),4-21-92; Ord. No. 92-144, § 3 (165.35(5)), 6-16-92; Ord. No. 95-235, § 3, 6-6-95; Ord. No. 97-307, § 3,12-16-97; Ord. No. 99-357, § 4,12-7-99; Ord. No. 01-398, § 1,7-17-01) 22-336 When public improvements must be installed. Any applicant for a development pennit for any type of activity on property on which a nonconformance is located shall provide the improvements required by Article XVI of this chapter, as provided in FWCC 22-1473, as amended. (Ord. No. 90-43, § 2(110.20),2-27-90; Ord. No. 97-307, § 3,12-16- 97) Editor's note - Ordinance No. 97-307, § 3, adopted December 16, 1997, amended § 22-336 to read as herein set out. Formerly, such section pertained to nonconforming signs - nonconforming buffers and derived from Ord. No. 90- 43, § 2(165.35(6)), 2-27-90; Ord. No. 91-113, § 4(165.35(6)),12-3-91; Ord. No. 92-135, § 3(165.35(6)),4-21-92; Ord. No. 92-144, § 3(165.35(6)),6-16-92. 22-337 Nonconforming water quality improvements. This section sets forth the standards when and under what circumstances a structure, improvement or development or property that does not conform to the development regulations prescribed in Chapter 21 FWCC (as amended) relating to water quality, or does not conform to the development regulations contained in Article XIII, Division 12, of this chapter (FWCC 22-1196 through 22-1220, as amended) must be brought into compliance with the development regulations in Chapter 21 FWCC pertaining to water quality and Article XIII, Division 12 of this chapter (FWCC 22-1196 through 22-1220, as amended). (1) Redevelopment. Any person proposing to redevelop a structure, improvement, development or property must bring that structure, improvement, development or property into compliance with the development regulations in Chapter 21 FWCC pertaining to water quality and Article XIII, Division 12 of this chapter (FWCC 22-1196 through 22-1220, as amended), where the proposed redevelopment meets or exceeds the thresholds set forth below. For the purposes of this section, "redevelop" or "redevelopment" FWCC - Nonconformance Page 8 means, on an already developed site; the creation or addition of impervious surface; the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling, where the structural development exceeds 50 percent of the assessed or appraised value of the structure or improvement being redeveloped; the repair or replacement of impervious surface that is not part of a routine maintenance activity; a change of use which has a potential to release a new pollutant(s) to the city's surface water systems; or land disturbing activities associated with impervious redevelopment. a. Redevelopment which involves the creation or addition of impervious surfaces having an area of 5,000 square feet or more; b. Redevelopment which involves the construction or replacement of a building footprint or other structure having a surface area of 5,000 square feet or more, or which involves the expansion of a building footprint or other structure by 5,000 square feet of surface area or more; c. Redevelopment which involves the repair or replacement of 5,000 square feet or more of an impervious surface, when such redevelopment is not part of a routine maintenance activity; d. Redevelopment which involves the collection and/or concentration of surface and/or stormwater runoff from a drainage area of 5,000 square feet or more; e. Redevelopment which contains or directly discharges to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area determined by the public works director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; f. Redevelopment which involves a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s)" means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change III use; g. Redevelopment, other than normal maintenance or other than the tenant improvements, but including any increase in gross floor area, in anyone consecutive 12-month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement being redeveloped. The applicant may provide an appraisal ofthe improvement. The appraisal must be from a source acceptable to the city. The director may require the applicant to provide an appraisal from a second source acceptable to the city if the assessed valuation appears to be inaccurate or inappropriate. If more than one appraisal is provided by the applicant or required by the city, the greater of the two amounts shall be used. For purposes ofthis determining value under this section, improvements required pursuant to FWCC 22-334 (nonconforming development), 22-336 (street/sidewalk improvements), 22-337 (nonconforming water quality improvements) and 22-1473 (street/ sidewalk improvements) shall not be counted towards the 50 percent threshold which woúld trigger application of this subsection; h. Redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem, as determined by the public works director based on a map, plan, water quality monitoring data or a written policy in existence or implemented by the director prior to submission of a redevelopment application determined to trigger application of this subsection, where the director determines that the redevelopment requires additional specific controls to address the documented water quality problem. (2) Timing. All improvements required by this section shall be constructed or installed concurrent with the redevelopment triggering application of this section, unless an applicant for redevelopment opts to pursue incremental construction of required improvements. In that event, the applicant shall develop and submit to the public works director a stormwater management plan detailing all of the improvements required by this secti°!l, and proceed according to the following subsections. FWCC - Nonconfonnance Page 9 a. Extent of construction of required water quality improvements. Where the public works director determines that incremental construction is physically feasible, the applicant shall construct that portion of the required improvements according to the following schedule: % of Redevelopment % of Water Quality Improvements 0 - 24 25 25 - 49 50 >50 100 Where construction of 100 percent of water quality improvements is required under this subsection, the improvements may be constructed over a period extending no more than five years from the date of approval of the redevelopment. A person choosing to utilize such extended construction shall provide, prior to approval of the stormwater management plan, a performance bond and bond agreement that: 1. Have a term equal to the construction schedule proposed in the plan; and 2. Comply with the applicable requirements of FWCC 22-147 through 22-175, as amended. b. Incremental construction not feasible. Where the public works director determines that incremental construction is not physically feasible, 100 percent of the required water quality improvements must be installed, concurrent with the redevelopment. c. Calculation of redevelopment value. For purposes of calculating the value of redevelopment in order to apply subsection (2)(a) of this section, the public works director shall consider the cost of the proposed redevelopment as a percentage of the assessed or appraised value (whichever is greater) of all structures on the subject property. If an appraisal is used, it must be prepared by an MAl appraiser acceptable to the city, and paid for and submitted by the applicant. d. Subsequent redevelopment. Whenever any person seeks approval for redevelopment on property for which incremental construction of required water quality improvements was previously authorized pursuant to this subsection (2), any additional water quality improvements to be required shall be determined by application of the schedule in subsection (2)(a) based on the stormwater management plan prepared as part of the first request for authorization of incremental construction. If water quality requirements have changed since preparation of the initial stormwater management plan, a new plan shall be prepared detailing improvements required to comply with any existing and new requirements, and the schedule in subsection (2)(a) shall also be applied to the new plan. (3) Location of water quality improvements. A person proposing redevelopment on a property or site having a Federal Way comprehensive plan designation ofCC-F (City Core - Frame) or CC-C (City Core - Center) may construct water quality facilities required by this section below grade. Editor's note - Ordinance No. 97-307, § 3, adopted December 16, 1997, amended § 22-337 to read as herein set out. Formerly, such section pertained to nonconforming signs - any other nonconformance and derived from Ord. No. 90-43, § 2(165.35), 2-27-90; Ord. No. 91-113, § 4(165.35), 12-3-91; Ord. No. 92-135, § 3(165.35),4-21-92; Ord. No. 92-144, § 3(165.35), 6-16-92. 22-338 Special provisions for residential uses. If the subject property contains a residential use that became nonconforming as to use or density as a result of the adoption ofthis chapter, the following regulations apply: (1) If the improvements on the subject property are damaged or destroyed by any sudden cause, the structure may be rebuilt; provided, that the number of dwelling units and the gross floor area in and on the subject property may not be increased from that which existed immediately prior to the damage or destruction and any other nonconformity of or on the subject property may not in any way be increased. The provisions of this subsection are only available if the applicant applies for a building permit within 12 months after the sudden damage or destruction and construction is commenced and completed under that building permit. (2) Other than as specified in subsection (1) of this section, the nonconforming use or density must be corrected if the applicant is making changes, alterations or doing other work, other than normal FWCC - Nonconformance Page 10 maintenance, in any l2-month period to any structure on the subject property containing multi-unit housing (attached and/or stacked dwelling units) and fair market value of these changes, alterations or other work exceeds 50 percent of the assessed or appraised value of that multi-unit structure. The applicant may provide an appraisal of the improvement. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. Changes, alterations, additions or other work is subject to all applicable requirements of this Code including but not limited to provisions related to environmentally sensitive areas (Article XlV), off-street parking (Article XV), improvements (Article XVI), and landscaping (Article XVII). (3) Other than as specified in subsection (l) of this section, the nonconforming use or density must be corrected if the applicant is making changes, alterations, adding improvements or doing other work other than normal maintenance, in any 36-month period, on the subject property containing a single- family use and fair market value of these changes, alterations, additions or other work exceeds 75 percent of the assessed or appraised value of that single-family structure. Changes, alterations, additions or other work must comply with all bulk, dimensional and other development requirements for a single-family detached dwelling located in the RS 7.2 zone (FWCC 22-631). The applicant may provide an appraisal of the improvement. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. Changes, alterations, additions or other work is subject to all applicable requirements of this Code including but not limited to provisions related to environmentally sensitive areas (Article XIV), off-street parking (Article XV), improvements (Article XVI), and landscaping (Article XVII). (Ord. No. 90-43, § 2(165.45), 2-27-90; Ord. No. 91-113, § 4(165.45), 12- 3-91; Ord. No. 92-135, § 3(165.45),4-21-92; Ord. No. 92-144, § 3(165.45), 6-16-92; Ord. No. 97-307, § 3,12-16- 97; Ord. No. 02-419, § 3,7-2-02) *Editor's note - Ordinance No. 97-307, § 3, adopted December 16, 1997, deleted § 22-338. Formerly, such section pertained to additional provision if a quasi-judicial decision is required and derived from Ord. No. 90-43, § 2(165.40),2-27-90; Ord. No. 91-113, § 4(165.40),12-3-91; Ord. No. 92-135, § 3(165.40),4-21-92; Ord. No. 92- 144, § 3(165.40), 6-16-92. Subsequently, the same ordinance renumbered §§ 22-339 - 22-343 as 22-338 - 22-342. 22-338.1 Nonconforming accessory dwelling units. (a) Eligibility. Any nonconforming accessory dwelling unit ("ADD") located within the city limits on the date of adoption ofthis Code, February 28, 1990, or located in areas annexed to the city thereafter, which does not conform to FWCC 22-613, 22-648, 22-965 or any other provisions of this Code, is eligible for designation as a legal nonconforming ADD provided it meets the following requirements: (1) The ADD was covered by a permit on the date of adoption of this Code, if one was required under applicable law; or (2) If no permit was required under applicable law, the ADD was in compliance with applicable law on the date of adoption of this.Code. (b) Allowed. All legal nonconforming ADDs are allowed subject to the provisions related to loss of nonconforming status and other limitations set forth in this chapter. (c) Loss of legal nonconforming ADD status. All nonconforming ADDs shall be immediately removed or modified to conform to all of the provisions of this Code and a permit secured therefor, and shall lose their legal nonconforming designation when one or more of the following events occur: (1) Increase in square footage. The applicant is increasing the gross floor area of any ADD; (2) Other alteratioqs. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any 12-month period to any ADD and the fair market value of such changes, alterations or other work exceeds 50 percent of the assessed value of that ADD as determined by the King County assessor; FWCC - Nonconfonnance Page 11 (3) Abandonment or cessation of occupancy. The subject property containing the ADD is abandoned for 90 or more consecutive days or the ADU is not occupied for 180 consecutive days; or (4) Change in use. There has been a change in use on the subject property as that term is defined by FWCC 22-1. (Ord. No. 95-245, § 3(E), 12-5-95; Ord. No. 97-307, § 3, 12-16-97) Editor's notc- Provisions enacted by § 3(E) of Ord. No. 95-245, adopted Dec. 5, 1995, as § 22-339, have been included herein at the discretion of the editor as § 22-338.1. 22-338.2 Nonconforming adult entertainment, activity, retail, or use. Any adult entertainment, activity, use, or retail use located within the city limits on the effective date of this Code, which are either made nonconforming by this Code or which are existing nonconforming uses shall be terminated within one year; provided, however, that such termination date may be extended upon the approval of an application filed with the city's community development director within 120 days of the effecti ve date ofthis Code provision requesting an extension to such one-year amortization period. The director's decision on whether or not to approve any extension period and the length of such period shall be based upon the applicant clearly demonstrating extreme economic hardship based upon an irreversible financial investment or commitment made prior to February I, 1999, which precludes reasonable alternative uses of the subject property. (Ord. No. 99-347, § 3, 8-3-99) 22-339 Special provisions for compliance with government regulations. The provisions of this section will be followed regardless of any conflicting regulations of this article. Any regulations of this article which do not conflict with the provisions of this section are unaffected by this section. ( 1) Oil tanks. Any excavation, development activity or construction performed to comply with the "Underground Storage Tanks; Technical Requirements and State Program Approval; Final Rules" (40 CFR 280 and 281), as now existing or as hereafter amended or with the provisions of Chapter 90.76 RCW, or any regulations adopted thereunder, may not be used as the basis, or part of the basis, for requiring that nonconformance on the subject property be corrected. (2) Governmental acquisition of property for right-of-way expansion. A proposal for structural alterations or change in use shall not trigger a requirement otherwise applicable under FWCC 22-334.that an applicant correct an existing nonconformance as to lot coverage, minimum lot size, parking, landscaping, or setback requirements, if the nonconformance w~s created solely by a local, state, or federal government acquisition of property for right-of-way expansion, and if the proposal meets the following requirements: a. The nonconformity is not, in any way, enlarged, expanded, increased, intensified, compounded, or in any other way made greater; b. The applicant is making any alteration or changes or doing any work, other than tenant improvements and the fair market value of the alteration, change or other work, in anyone consecutive l2-month period, does not exceed 75 percent of the assessed or appraised value ofthe improvement. The applicant may provide an appraisal of the improvements. The appraisal must be from a source that is acceptable to the city. The community development services director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal acceptable to the city is provided by the applicant or required by the city, the larger of the two amounts shall be used. For purposes of determining value under this subsection, improvements required pursuant to FWCC 22-334 (nonconforming development) and/or 22-336 (street/sidewalk improvements) shall not be counted towards the 75-percent threshold which would trigger application of this subsection; and c. The proposal is otherwise consistent with the public health, safety, and welfare. (3) Other government regulations. Other than as specified in subsection (1) ofthis section, the city may, using process IV, exempt a property or use from any of the requirements of this article if: FWCC - Nonconformance Page 12 a. The actions or events which form the basis of requiring that nonconformance on the subject property be corrected are necessitated solely to comply with local, state or federal regulation; b. The actions necessitated to comply with those regulations will not significantly extend the expected useful life of the nonconforming aspect; and c. The public benefit of complying with the local, state or federal regulation clearly outwe1ghs the public benefit in correcting the nonconformance. (Ord. No. 90-43, § 2(165.50),2-27-90; Ord. No. 91-113, § 4(165.50),12-3-91; Ord. No. 92-135, § 3(165.50),4-21-92; Ord. No. 92-144, § 3(165.50),6-16-92; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 01-398, § 2, 7-17-01) 22-340 Special provisions for critical aquifer rechan!e areas and wellhead protection areas. The provisions of this section will be followed regardless of any conflicting regulations of this article. Anv regulations of this article which do not conflict with the provisions of this section are unaffected bv this section. This section applies to any development activity, which requires review under Chapter 18, Environmental Protection. If a nonconformance must be corrected to comply with FWCC Chapter 22, Article XIV, Division 9, the applicant must, as part of the application the development permit, submit all information that the city reasonablv needs to review the correction. In addition, the city will not issue a land use approval or building permit until the correction is made. (1) A nonconforming use as defined in FWCC 22-1373 may be continued unless the thresholds ofFWCC 22-332 are reached, in which case it shall be terminated. (2) Regardless of the thresholds in FWCC 22-334, any use, applving for a development permit within Wellhead Capture Zones 1, 2, or 3, must be brought into compliance with the performance standards specified in FWCC 22-1375. 22 310 22-341 Prohibition on increasing nonconformance. No nonconformance may, in any way, be enlarged, expanded, increased, intensified, compounded or in any other way made greater, except as specifically permitted in this article. (Ord. No. 90-43, § 2(165.55), 2-27-90; Ord. No. 91-113, § 4(165.55),12-3-91; Ord. No. 92-135, § 3(165.55),4-21-92; Ord. No. 92-144, § 3(Í65.55), 6-T6-92; Ord. No. 97-307, § 3,12-16-97) 22 311 22-342 Applicability of uniform buildin2 codes. Nothing in this article in any way supersedes or relieves the applicant from compliance with the requirements of the city's building codes, the Uniform International Building Code, the Uniform International Fire Code, and other construction-related codes as adopted and amended from time to time by the city. (Ord. No. 90-43, § 2(165.60), 2-27-90; Ord. No. 91-113, § 4(165.60),12-3-91; Ord. No. 92-135, § 3(165.60),4-21-92; Ord. No. 92-144, § 3(165.60), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) 22 342 22-343 Special provision for damaged improvements. If a nonconforming improvement is damaged by sudden accidental cause, that improvement may be reconstructed only if it meets the following requirements and not otherwise: (1) The cost of reconstructing the damaged improvement does not exceed 75 percent of the assessed or appraised value of that improvement prior to the damage. The applicant may provide an appraisal of the improvement which has been damaged. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal form a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. (2) The improvement, as reconstructed, is not any more nonconforming than it was immediately prior to the damage. (3) The applicant applies for a building permit to reconstruct the damaged improvement within six months of the date of the damage and reconstructs the improvement pursuant to that building permit. FWCC - Nonconfonnance Page 13 (Ord. No. 90-43, § 2(165.30), 2-27-90; Ord. No. 91-113, § 4( 165.30), 12-3-91; Ord. No. 92-135, § 3( 165.30),4-21- 92; Ord. No. 92-144, § 3(165.30), 6-16-92; Ord. No. 97-307, § 3,12-16-97) 22 343 22-344 Appeais. Notwithstanding any other provision in this chapter, a decision of the director or the hearing examiner with respect to the application of any provision of this article shall be appealable as part of, and under the process applicable to, any appeal of a decision of the director or the hearing examiner on the underlying application or project for which city approval is sought. (Ord. No. 90-43, § 2(175.10(7), 2-27-90; Ord. No. 97- 291, § 3,4-1-97; Ord. No. 97-307, § 3,12-16-97) 22 344 Reser-led. 1:\2004 Code AmendmentslWelIhead ProtectionlCity CouncillExhibit A to Adoption OrdinanceINonconfonnance.doc/10/26/2004 4:38 PM FWCC - Nonconfonnance Page 14 FEDERAL WAY CITY CODE CHAPTER 22. ARTICLE XIII DIVISION 7. LAND MODIFICATIONS 22-1091 General provisions. (a) General. The applicant shall comply with this section with respect to all land surface modifications. The requirements of Chapter 22, Article XIV, Critical Areas, shall govern for fill occurring in critical aquifer recharge areas and wellhead protection areas. (b) Nature of fill materials. All materials used as fill must be nondissolving and nondecomposing. Fill materials must not contain organic or inorganic material that would be detrimental to water quality or existing habitat or create any other significant adverse impacts to the environment. (Ord. No. 90-43, § 2(115.75(1), (2)), 2-27-90; Ord. No. 90-77, § 3(115.75(1), (2)), 12-11-9~) 22-1092 Bonds. The city may require the following bonds for any land surface modification approved by or under this division: (1) A perfonnance bond to guarantee that the land surface modification will confonn to city standards and requirements. (2) A maintenance bond for the stability of the work and the preservation of vegetation. (Ord. No. 90-43, § 2(115.75(5)), 2-27-90; Ord. No. 90-77, § 3(115.75(5)),12-11-90) 22-1093 Permitted outright. A land surface modification is pennitted only if it: (1) Has been approved as part of a valid development pennit (except grading pennits issued under chapter 70 of the city's building code), subdivision, or substantial development pennit; .". (2) Is for cemetery graves; (3) Is in a right-of-way and authorized in writing by the director of the department of public works; (4) Is for mining, quarrying, excavating, processing, stockpiling of rock, sand,~gravel, aggregate or clay where a pennit has been issued by the state department of natural resources; (5) Is for exploratory excavations under the direction of a professional engineer licensed in the state, provided that the extent of the land surface modification does not exceed the minimurtrnecessary to obtain the desired infonnation; (6) Is for nonnal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right-of-way; (7) Is for excavations for utility service connections to serve existing and/or new structures and is outside any area that is within the jurisdiction of FWCC 22-1221 et seq.; (8) Is for actions which must be undertaken immediately, or within a time too short to allow for compliance with the pennit requirements ofFWCC 22-1094, to avoid an imminent threat to public health or safety; to prevent an imminent danger to public or private property; or to prevent an imminent threat of serious environmental degradation. This determination will be made by the director of community development; (9) Is for the removal of overhanging vegetation and fire hazards or for removal of blackberry vines or dead, dangerous or diseased trees when authorized by the building official; (10) Is for placement of fill on land owned or controlled by the city; (11) Is an integral part of an ongoing agricultural or horticultural use on the subject property; (12) Is conducted on property which contains a detached dwelling unit and which, because of the size of the property or the location of the dwelling unit, cannot be further subdivided or divided; or (13) Complies with all ofthe following criteria: a. The subject property contains a permanent building or an active use. b. The land surface modification will not change the points where the stormwater or groundwater enters or exits the subject property; and will not change the quality, quantity, or velocity of stormwater or groundwater. c. The land surface modification is outside any area that is within the jurisdiction ofFWCC 22-1221 et seq. d. In anyone-year period, not more than 100 cubic yards of fill material is deposited on, excavated and removed from or moved from place to place on the subject property. If the subject property is larger than one acre, the limit is 100 cubic yards within each acre. e. No trees defined as significant trees will be removed and no vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code. f. If the subject property is two acres or larger and has 20 percent or more of its area covered with native vegetation, the land surface modification will not remove more than 20 percent of that native vegetation. The limitations of this subsection apply to all land surface modification on the subject property over time. g. The land surface modification will not result in more than a two-foot increase or one-foot decrease in the average elevation of the subject property, computed using the elevation of the midpoint of each property line. (Ord. No. 90-43, § 2(115.75(3)), 2-27-90; Ord. No. 90-77, § 3(115.75(3»,12-11-90) 22-1094 Discretionary approval. (a) Generally. A land surface modification that does not meet the requirements ofFWCC 22-1093 may be approved through process III. (b) Required information. In addition to the application material required in process III, FWCC 22- 386 et seq., the applicant must submit the following: (1) A recent survey of the subject property. (2) A map showing the limits of the proposed land surface modification; the location of utilities, easements, right-of-way improvements and any area regulated under FWCC 22-1221 et seq. that is on or within 400 feet of any area to be disturbed by the proposed land surface modification. (3) A tree retention plan. (4) An erosion control/construction phase stormwater control plan. (5) A soils report which contains sufficient information to determine the potential impacts of the proposed land surface modification, as well as proposed measures to reduce or eliminate these impacts, all as determined by the city. (c) Decisional criteria. The city may approve the proposed land surface modification if it complies with the following criteria: (1) Except as allowed under this chapter, it will not alter or adversely affect streams, lakes, wetlands or significant trees, either on or off the subject property. (2) It will not violate any express policy ofthe city. (3) It meets at least one of the following criteria: a. It is necessary to correct an erosion or drainage problem on an undeveloped site. b. It is necessary to create new utility or access corridors. c. Other unusual circumstances exist which make it reasonable to pennit land surface modification in advance of the issuance ofa development permit, subdivision or short subdivision approval or shoreline substantial development permit. (Ord. No. 90-43, § 2(115.75(4)), 2-27-90; Ord. No. 90- 77, § 3(115.75(4)), 12-11-90; Ord. No. 00-375, § 23, 10-3-00) FWCC - Land Modifications Page 2 22-1095 Tree and plant restoration. If, during the land surface modification, any tree required to bë retained or-planted is damaged or destroyed, the applicant shall plant a tree of the same species at least five inches in diameter, as measured six inches about the top of the root ball if deciduous and at least 17 feet high if coniferous, in the immediate vicinity of the damaged or destroyed tree. The city may require the applicant to remove the damaged or destroyed tree. In addition, if the land surface modification destroys groundcover or shrubbery, the applicant shall hydroseed the bare soil and plant shrubs at least 24 inches in height in the immediate vicinity of the damaged or destroyed vegetation. (Ord. No. 90-43, § 2(115.75(5)), 2-27-90; Ord. No. 90-77, § 3(115.75(5)), 12-11- 90) 22-1096 - 22-1110 Reserved. 1:\2004 Code Amendments\Wel1head Protection\City Council\Exhibit A to Adoption Ordinance\land modifications.doc/10/26/2004 4:42 PM FWCC - Land Modifications Page 3 FEDERAL WAY CITY CODE CHAPTER 18 ENVIRONMENTAL PROTECTION Articles: I II III In General Environmental Policy Shoreline Management Article I. IN GENERAL Sections: 18-1 - 18-25 Reserved. 18-1 - 18-25 Reserved. Article II. ENVIRONMENT AL POLICY Sections: Division 1. Generally 18-26 Purpose and authority. 18-27 Adoption by reference. 18-28 Additional definitions. 18-29 Fonns - Adoption by reference. 18-30 - 18-45 Reserved. Division 2. Administration 18-46 Designation of responsible official. 18-47 Lead agency detennination and responsibilities. 18-48 Fees. 18-49 Public notice. 18-50 Notice - Statute of limitations. 18-51 Administrative appeals. 18-52 - 18-70 Reserved. Division 3. Categorical Exemptions and Threshold Determinations 18-71 1872 +&--+; 18 - 72 ~ 18-73 18-74 Adoption of regulations. Timing. Categorical exemptions - Rules. Categorical exemptions - Flexible thresholds. Planned actions - Definition and criteria. 18-75 Ordinances or resolutions designation planned actions - Procedures for adoption. 18-76 Planned actions - Project review. ~ 18-77 Categorical exemptions - Determination. +8--+é 18-78 Threshold determination - Early review at conceptualleyel. +&-+7 18-79 Threshold determination - Environmental checklist. 18-80 Threshold determination of nonsignificance. +8-+& 18-81 Threshold determination - Mitigated detennination of nonsignificance. 18-82 Optional DNS process. -l&-+9 18-83 - 18-95 Reserved. Division 4. Environmental Impact Statement 18-96 Rules. 18-97 Preparation. 18-98 Other considerations. 18-99 Commenting. 18-100 - 18-115 Reserved. Division 5. Environmental Policy Statement 18-116 Definitions - Adoption by reference. 18-117 Use of existing environmental documents. 18-118 Compliance with State Environmental Policy Act - Adoption by reference. 18-119 State Environmental Policy Act decisions- Adoption by reference. 18-120 State Environmental Policy Act decisions Forwarding recommendations. 18-121 State Environmental Policy Act decisions - Substantive authority. 18-122 State Environmental Policy Act policies. 18-123 - 18-140 Reserved. Division 6. Environmentally Sensitive Areas 18-141 Designation of areas. 18-142 Portfolio Critical areas maps and inyentories. 18-143 Exemptions. 18-144 Treatment of proposals. 18-145 -18-160 Reserved. Division 1. Generally 18-26 Purpose and authority. The city adopts this policy under the State Environmental Policy Act (SEP A), RCW 43.21 c.120, and the State Environmental Policy Act rules, Chapter 197-11 WAC. (Ord. No. 90-40, § 1 (20.1 0), 2-27-90) 18-27 Adoption by reference. The city adopts by reference, as now existing or amended, the basic requirements of the Washington Administrative Code applying to the State Environmental Policy Act process as follows: (1) 197-11-040, Definitions. (2) 197-11-050, Lead agency. (3) 197-11-055, Timing of the State Environmental Policy Act process. FWCC - Chapter 18, Environmental Protection Page 2 (4) 197-11-060, Content of environmental review. (5) 197-11-070, Limitations on action during State Environmental Policy Act process. (6) 197-11-080, Incomplete or unavailable information. (7) 197-11-090, Supporting documents. (8) 197-11-100, Information required of applicants. (Ord. No. 9040, § 1(20.20),227 90) (9) 197-11-158, GMA proiect review - Reliance on existing plans, laws, and regulations. 00) 197-11-164, Planned actions - Definition and criteria. (11) 197-11-168, Ordinances or resolutions designating planned actions - Procedures for adoption. (12) 197-11-172, Planned actions - Project review. (13) 197-11-210, SEPAJGMA integration. (14) 197-11-220, SEPAJGMA definitions. (15) 197-11-228, Overall SEPAJGMA integration procedures. (16) 197-11-230, Timing of an integrated GMAJSEP A process. 07) 197-11-232, SEP AJGMA integration procedures for preliminary planning, environmental analysis, and expanded scoping. 08) 197-11-235, Documents. 09) 197-11-238, Monitoring. (Ord. No. 90-40, & 1(20.20), 2-27-90) 18-28 Additional definitions. In addition to those definitions contained within WAC 197-11-700 through 197-11-799 as now existing or amended, when used in this article the fol1owing terms shall have these meanings, unless the content indicates otherwise: Critical Aqquifèr recharge area shall mean areas in which water reaches the zone of saturation by surface infiltration. These areas wffi€fl-.are hydrogeologically susceptible to contaminatlOn and contamination loading potential including but not limited to such areas as sole water source aquifer recharge areas, special protection groundwater management areas, well head protection areas, and other areas with a critical recharging effect on aquifers used for potable water. Department shall mean any diyision, subdivision or organizational unit of the city established by ordinance, rule or order. Early notice shall mean the city's response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant's proposal. Fish and wildlife habitat conservation area shall mean the management of land for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. Habitat conservation areas include but are not limited to such areas as: (1) Areas with which endangered, threatened, and sensitive species have a primary association; (2) Habitats and species oflocal importance; (3) Commercial and recreational shellfish areas; (4) Kelp and eelgrass beds; herring and smelt spawning areas; (5) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat; (6) Waters of the state; (7) Lakes, ponds and streams planted with game fish by a governmental or tribal entity; (8) State natural area preserves and natural resource conservation areas; or (9) Streams. Frequently flooded area shall mean lands in the floodplain subject to a one percent or greater chance of flooding in any given year including but not limited to such areas as streams, lakes, coastal areas and wetlands. FWCC - Chapter 18, Environmental Protection Page 3 Geologically hazardous area shall mean areas, because of their susceptibility to erosion, landsliding, seismic or other geological events, are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns. Geologically hazardous areas include the following areas: (1) Erosion hazard areas are those areas having severe to very seyere erosion hazard due to natural agents such as wind, rain, splash, frost action or stream flow. (2) Landslide hazard areas are those areas potentially subject to episodic downslope movement of a mass of soil or rock including but not limited to the following areas: a. Any area with a combination of: 1. Slopes greater than 15 percent; 2. Permeable sediment (predominately sand and gravel) overlying relatively impermeable sediment or bedrock (typically silt and clay); and 3. Springs or groundwater seepage. b. Any area which has shown movement during the Holocene epoch, from 10,000 years ago to present, or which is underlain by mass wastage debris of that epoch. c. Any area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action. d. Any area located in a ravine or on an active alluvial fan, presently or potentially subject to inundation by debris flows or flooding. e. Those areas identified by the United States Department of Agriculture Soil Conservation Service as having a severe limitation for building site development. f. Those areas mapped as Class U (unstable), DOS (unstable old slides). and URS (unstable recent slides) by the Department of Ecology. g. Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking. (3) Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of seismIcally Induced ground shaking, slope failure, settlement or soilliquefactìo[1, or surface faulting. These conditions occur in areas underlain by cohesionless soils of low density usually in association with a shallow groundwater table. (4) Steep slope hazard areas are those areas with a slope of 40 percent of greater and with a vertical relief of 10 or more feet, a vertical rise of ten feet or more for every 25 feet of horizontal distance. A slope is delineated by established its toe and top and measured by averaging the inclination over at least 10 feet of vertical relief. Regulated lakes shall mean Wetlands #8-21-4-26,7-21-4- 71. 11-21-3-9, 14-21-3-2, 14-21-3-5, 13-21- 3-12,9-21-4-38, 17-21-4-55,20-21-4-57, and 20-21-4-61 as shown in the June 19, 1999, City of Federal Way Final Wetland Inventory Report, except vegetated areas meeting the definition of "regulated wetland" located around the margins of regulated lakes shall be considered regulated wetlands. State Environmental Policy Act rules shall mean Chapter 197-11 WAC adopted by the Department of Ecology. Stream shall mean courses or routes, formed by nature, including those modified by man, and generally consisting of a channel with a bed, banks or sides throughout substantially all their length, along which surface waters naturally and normally flow in draining from higher to lower elevations. A stream need not contain water year round. In a developing setting, streams may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition is not meant to include irrigation ditches, stormwater facilities or other artificial watercourses unless they are used by resident or anadromous salmonid fish, or the feature was constructed to convey natural streams which existed prior to construction of the watercourse. FWCC - Chapter 18, Environmental Protection Page 4 Wetland shall mean those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that ooder nonnal circumstances do support, a preyalence of ';egetation typically adapted for life in saturated soil conditions. Wetlands generally include s'Namps, marshes, bogs and similar areas, with the exception of tHe follo'.ving areas shown in the King Coooty \Vetlands Inventory Notebook, Volume 3 South: (1) Lower Puget Soood Beach; (2) Lower Puget Soood 1 and 51; and (3) Areas defm.ed as a "regulated lake" pursuant to Chapter 22 F'NCc. Methodology in the January 1989 Federal Manual for Identifying and Delineating Jurisdictional \1./ etlands, and subsequent United States .\rmy Corps of Engineers regulatory guidance letters, will be used for regulatory delineations of',yetlands within the city. Wellhead capture zone shall mean an area in which groundwater is calculated to travel to a pumping well. Capture zones are usuallv defined according to the time that it takes for water within a particular zone to travel to a well. Calculated capture zones usuallv only approximate actual capture zones as a result of assumptions required to conduct the calculation. Wellhead protection area (WHP A) shall mean the surface and subsurface area surrounding a well or wellfield that supplies a public water system through which contaminants are likelv to pass and eventuallv reach the water welles) as designated under the Federal Clean Water Act. Wetlands means those areas that are inundated or saturated bv surface or groundwater at a frequencv and duration sufficient to support, and that under nonnal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of Ecologv pubhcation #96-94) as set forth in WAC' 173-22-080, as it exists as oLN(2\1~1"!h~r: 1, 1999, or as subsequently amended, will be used for identification and delineation of wetlands \\íthll1 the city. Although a site-specific wetland may not meet the criteria described above.ít\\jlLh~considered a regulated wetland ifit IS functionally related to another wetland that meets the criteria. Re'šulated wetlands means: í..llIhQsewetlands, as described belo\\,-, w_hich fall into one or more of thejQl1()wing categories: a. Category I wetlands meet one of the following criteria: I. Contain the presence of species or documented habitat reco~ized bv state or federal agencies as endangered, threatened or potentiallv extirpated plant, fish or animal species; or 2. Contain the presence of plant associations of infrequent occurrence, irreplaceable ecological functions, or exceptional local significance including but not limited to estuarine svstems, peat bogs and fens, mature forested wetlands, groundwater exchange areas, si~ificant habitat or unique educational sites; or 3. Have three or more wetland classes, one of which is open water. b. Category II wetlands are greater than 2,500 square feet in area, do not exhibit the characteristics of Category I wetlands, and meet one of the following criteria: 1. Are contiguous with water bodies or tributaries to water bodies which under nonnal circumstances contain or support a fish population, including streams where flow is intennittent; or 2. Are greater than one acre in size in its entirety; or 3. Are less than or equal to one acre in size in its entirety and have two or more wetland classes, with neither class dominated bv non-native invasive species. c. Category III wetlands are greater than 2.500 square feet in area and do not exhibit those characteristics of Category I or II wetlands. (2) See definition of "Regulated lakes." Working day shall mean a day upon which the city is open for business. Other references to days refer to calendar days. (Ord. No. 90-40, § 1(20.30),2-27-90; Old. No. 91-105, § 5(20.30), 8-20-91) FWCC - Chapter 18, Environmental Protection Page 5 18-29 Forms - Adoption by reference. The city adopts the following forms and sections of Chapter 197-11 WAC by reference, as now existing or amended: (1) WAC 197-11-960, Environmental checklist. (2) WAC 197-11-965, Adoption notice. (3) WAC 197-11-970, Determination of non significance (DNS). (4) WAC 197-11-980, Determination of significance and scoping (DS). (5) WAC 197-11-985, Notice of assumption oflead agency status. (6) WAC 197-11-990, Notice of action. (Ord. No. 90-40, § 1(20.300),2-27-90) 18-30 - 18-45 Reserved. Division 2. Administration 18-46 Designation of responsible official. (a) For those proposals for which the city is a lead agency, the responsible official shall be the director of the department of community development. The responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement, and perform any other functions assigned to the lead agency or responsible official by the State Environmental Policy Act rules. (b) The responsible official shall be responsible for the city's compliance with Chapter 197-11 WAC whenever the city is a consulted agency, and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashIon and l11clude data from all appropriate depaiiments of the city. (Ord. No. 90-40, § 1(20.40.10,20.40.20),2-27-90) 18-47 Lead agency determination and responsibilities. (a) The responsible official, upon receIving an application for a nonexempt action or initiation by a city department of a nonexempt action, shall dctennine the lead agency for that proposal under WAC 197 -11-050 and 197-11-922 through 197-11-940, unless the lead agency has been prevIOusly determined or the responsible official is aware that another department or agency is in the process of determining the lead agency. (b) When the city is not the lead agency for a proposal, all departments of the city shall use and consider as appropriate either the determination of nonsignificance or the final environmental impact statement of the lead agency in making decisions on the proposal. No city department shall prepare or require preparation of a determination of nonsigni[¡cance or environmental impact statcment in addition to that prepared by the lead agency unless the responsible official determines a supplemental environmental review is necessary under WAC 197-11-600. (c) If the city, or any of its departments, receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the l5-day time period. Any such petition on behalf of the city shall be initiated by the responsible official. (d) The responsible official is authorized to make agreements as to lead agency status or shared lead agency's duties for a proposal under WAC 197-11-942 and 197-11-944. (e) The responsible official shall require sufficient information from the applicant to identify other agencies with jurisdiction. (f) Within 90 days ofreeeipt of issuing a Letter of Completeness for the a completed application and environmental checklist, the responsible official shall make a threshold determination~ or notify the FWCC - Chapter 18, Environmental Protection Page 6 applicant that a determination of significance is likely and indicate the areas of likely impact. The applicant may request an additional 30 days for the issuance of the threshold determination by the responsible official, or for the responsible official to eyaluate mitigation measures proposed by the applicant. The responsible official shall grant such extension, if requested. A final determination shall be made within 90 days from the receipt of the applicant's response for additional information, unless the applicant requests an additional 30 days as provided in this section. (g) A "completed application" and environmental checklist is defined to be: (I) Answers to all checklist items; (2) All expanded environmental studies determined by the city to be required, whether provided by the city, another agency with jurisdiction and/or expertise, or by the applicant at the request of the city; (3) Text description and documents for nonproject action; (4) Master land use application; (5) Self-addressed, stamped envelopes required pursuant to FWCC; (6) All required filing fees. (h) Within ~ 28 days of receipt of an application and an environmental checklist, the responsible official shall either: (I) Respond to the applicant in writing with a notification Letter of eÇompleteness or Incompleteness; or (2) Request in writing any additional information reasonably related to the responsible official's determination whether or not the proposal is likely to have significant adverse environmental impacts. (i) In the event applicant submits less than the complete information requested by the responsible official pursuant to subsection (h)(1) or (h)(2) of this section, the application shall not be considered complete. The responsible official may periodically request in v,Titing the additional required information. U) Only at such time as applicant submiL; to the city either the complete additional information requested pursuant to subsection (h) of thi.; section, or a written respor:se indicating the inability to provide it, the responsible official shall: (I) L;sl1e a threshold determination \vithin 90 days from receipt of the applicant's response of issuing a Letter of Completeness; or (2) Notify the applicant that a determination of significance is likely und indicate the areas of likely impact. A final determination shall be made within 90 days from the receipt of the applicant's rcsponse for additional information, unless the applicant requests an additional 30 days as provided in subsection (Ie) of this section. (k) The applicant may request an additional 30 days for the issuance of the threshold determination by the responsible official, or for the responsible official to evaluate mitigation measures proposed by the applicant. The responsible official shall grant such extension, if requested. (Ord. No. 90-40, § 1(20.50.10- 20.50.50),2-27-90; Ord. No. 93-192, § 1,11-9-93) 18-48 Fees. (a) The city shall establish fees for its activities in accordance with the provisions of this chapter: (1) Threshold determination. For every environmental checklist the city will review when it is lead agency, the city shall collect a fee from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of fees. (2) Environmental impact statement. a. When the city is the lead agency for a proposal requiring an environmental impact statement and the responsible official determines that the environmental impact statement shall be prepared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred, including overhead, by the city in preparing the environmental impact statement. The responsible official shall advise the applicant of the projected costs for the environmental impact statement prior to actual preparation. FWCC - Chapter 18, Environmental Protection Page 7 b. The responsible official may determine that the city will contract directly with a consultant for preparation of an environmental impact statement, or a portion of the environmental impact statement, for activities initiated by some persons or an entity other than the city and may bill such costs incurred including overhead directly to the applicant. Such consultants shall be selected by the city. c. The applicant shall pay the projected amount to the city prior to commencing work. The city will refund the excess, if any, at the completion of the environmental impact statement. If the city's costs exceed the projected costs, the applicant shall immediately pay the excess, and the city is not obligated to proceed until the monies have been received. If a proposal is modified so that an environmental impact statement is no longer required, the responsible official shall refund any fees collected under subsection (a)(1) or (a)(2) of this section which remain after incurred costs, including overhead are paid. (3) Appeals. All appeals shall be accompanied by a nonrefundable appeal fee. (b) The city may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this article relating to the applicant's proposal. The city may charge any person for copies of any document prepared under this chapter, and for mailing the document in a manner provided by state law. (Ord. No. 90-40, § 1 (20.290.10 - 20.290.30), 2-27-90) 18-49 Public notice. (a) The city shall give public notice for project-related actions as follows: (1) Notices will be posted at the City Hall on each of the official public notification boards of the ~and public libraryies, published in a newspaper of general circulation in the city, posted prominently on the site and mailed to all owners ofreal property as shown in the records of the county assessor aHè--atI- occupants of real property located within 300 feet of the site and any interested party or agency who has filed its name directly with the responsible official or as part of a public hearing or scoping process for the following situations: a. When the responsible oftìcial issues a determination of non significance, optional determll1ation of nonsignificance, or mitigated determination of nonsigni !ìcance; b. When an appeal had been filed related to a threshold detemlination as provided in this article; c. A draft environmental impact statement is available for public review and comment. (2) In addition to the requirements of subsection (a)(1) of this section, notices will be mailed to all owners of real property as shown in the records of the county assessor and all occupants of real property located within 600 feet of a proposed project-related action for the following situations: a. When the city commences scoping; b. Wheneyer the city holds a public hearing as required by WAC 197-11-535. (b) Notice of public hearing shall be issued no later than ~ 14 days before a public hearing. (c) Notice of a threshold determination or environmental impact statement hearing on nonproject proposals shall be published in a newspaper of general circulation in the city, mailed to interested parties or agencies who have registered with the city, and posted'in the City Hall and library. (d) The responsible official shall maintain a public list of all State Environmental Policy Act actions known as the "city of Federal Way State Environmental Policy Act Register." The register shall be available for public inspection during normal working hours. The register will be revised weekly as needed and the responsible official will mail copies to any person who has made a request and paid in advance a fee based on the cost of reproducing and mailing. The requirements of this subsection are not mandated by state regulations but will be provided by the city as voluntary extra notice. Failure to provide this notice shall not affect the validity of any action or proceeding related to the State Environmental Policy Act. (e) The responsible official shall maintain a public list of the names of parties or agencies who have indicated interest in receiving public notices related to any State Environmental Policy Act procedures. FWCC - Chapter 18, Environmental Protection Page 8 (t) The city may require an applicant to compensate the city for costs of compliance with the public notice requirements for the applicant's proposal or to provide addressed lists and addressed, stamped envelopes, unless that requirement is waived by the responsible official. (Ord. No. 90-40, § 1(20.180.10- 20.180.60), 2-27-90) 18-50 Notice - Statute of limitations. The city, applicant or proponent may publish a notice of action as provided by RCW 43.21 c.080 for any final action taken under the provisions of this article. The form of the notice shall be substantially in the form provided in WAC 197-11-990. (Ord. No. 90-40, § 1(20.250),2-27-90) 18-51 Administrative appeals. (a) Any interested party may appeal to the hearing examiner a threshold determination, or the adequacy of a final environmental impact statement and conditioning or denial of an action exoept as pro'lided in subseotion (b) of this section. The appeal shall be conducted under the provisions of process IV, FWCC 22-431 et seq.; provided, that the notice distribution requirements ofFWCC 22-436(b)ill shall be replaced with the notice distribution requirements of FWCC l8-49(a) - (t). (b) .'\ny governmental aotion not requiring a legislative decision that is conditioned or denied by a nonelected city official shall be appealed directly to the oity council as provided by RCW 43.2lc.060. Appeal procedures shall be conducted under the provisions ofW AC 197-11-680(3). Appeals are subject to the restrictions in RCW 36.70B.050 and 36.70B.060 that local governments lJrovide no more than one open record hearing and one closed record appeal for permit decisions. (c) All appeals filed under this section must be filed in writing with the city clerk within 14 calendar days of the date of the decision appealed or the conclusion of the comment period or completion of the giving of required notices, whichever is longer. All appeals shall contain a specific statement of reasons why the decision of the responsible official is alleged to be in error. (d) All relevant evidence shall be received during the appeal and the decision shall be made de novo. The determination by the city's responsible official shall carry substantial weight in any appeal proceeding. (e) The decision of the hearing examiner on an appeal filed under this section shall be final. (t) Appeals of the hearing examiner's final decision shall first be to the city council as provided in process IV, FWCC 22-431 et seq. (g) For any appeal under this section, the city shall provide for a record that shall consist of the following: (1) Findings and conclusions; (2) Testimony under oath; and (3) A taped or written transcript. (h) Upon filing an appeal to the city councilor a judicial appeal, any certified copies or written transcripts required for such shall be prepared by the city at the expense of the appellant, subject to possible reimbursement of transcript preparation costs as provided in FWCC 22-446. (Ord. No. 90-40, § 1(20.240.10-20.240.70),2-27-90; Ord. No. 92-133, § 4, 4-21-92; Ord. No. 93-185, § 1,8-17-93; Ord. No. 97-291, § 3,4-1-97) 18-52 - 18-70 Reserved. Division 3. Categorical Exemptions and Threshold Determinations 18- 71 Adoption of regulations. The city adopts the following sections of Chapter 197-11 WAC as now existing or amended, by reference: (1) 197-11-300, Purpose ofthis part. (2) 197-11-305, Categorical exemptions. FWCC - Chapter 18, Environmental Protection Page 9 (3) 197-11-310, Threshold determination required. (4) 197-11-315, Environmental checklist. (5) 197-11-330, Threshold determination process. (6) 197-11-335, Additional information. (7) 197-11-340, Determination of non significance (DNS). (8) 197-11-350, Mitigation determination of non significance. (9) 197-11-360, Determination of significance (DS/initiation of scoping). (10) 197-11-390, Effect ofthreshold determination. (Ord. No. 90-40, § 1(20.60),2-27-90) 18 72 Timing. (a) Time estimates. The time estimates oontaæed in this section apply 'Nhen the city processes licenses, as defined by W"^~C 197 11 760, permits or approvals for private projects, and any governmental proposals submitted to the responsible official by other agencies or departments. The actual time may vary with the complexity of the project, cooperation of consulting agencies, availability of staff, eto., and time estimates shall not be construed to be mandatory. (b) Categorical exemptions. The city will normally identify ,¡:hether an action is categorically exempt '.vithin five working days øfthe date an applicant's complete application and ehecklist are submitted. (c) Threshold determinations. The city will normally complete thíCshold determinations ',vithin the designated number of days after receipt of a complete application and checklist as follows: (1) When the threshold determination is based solely on revie',v of the environmental checklist: 15 '.'lorking days. (2) When further information is requested from applicant or consulting agency: a. Information will be requestèd ,¡¡ithin 15 ',vorking days. b. The city will normally ';.'ait no longer than 30 working day~; for a consulted agency to respond. c. The responsible official '."ill normally complete the thre:~hold deternlination wit~ workin; days of recei'ling the requcc.ted information. (d) Initiation of further studie:; or field investigations. /\d4+i+ma-l-:~tudic:~ will norm~:lly be COll1p-leæJ \.vithin 30 working days. (e) ,'\pplicant recOlmnends in writing that environmental impact statement be prepared. Threshold determination '.vill normally be completed "vithin 15 working days. (f) Response to request for early notice. The response ,-vill normally be completed '.vithin 10 '.vorking days of receipt of request, and the threshold determination ',vithin 15 working days of receipt of the clarified proposal, environmental checklist and/or permit application. (Ord. No. 90 10, § 1(20.70.1 0 20.70.60),22790) -l-8--13 18-72 Categorical exemptions - Rules. The city adopts by reference the following rules for categorical exemptions in Chapter 197-11 WAC, as now existing or amended: (1) 197-11-800, Categorical exemptions. (2) 197-11-880, Emergencies. (3) 197-11-890, Petitioning State Department of Ecology to change exemptions. (Ord. No. 90-40, § 1(20.80),2-27-90) l8-14 18-73 Categorical exemptions - Flexible thresholds. (a) The city establishes the following exempt levels for minor new construction defined in WAC 197- 11-800( 1 )(b) based on local conditions: (1) For residential structures up to four dwelling units. (2) For agricultural structures covering up to 10,000 square feet. (3) For office, commercial, recreational, service or storage buildings up to 4,000 square feet gross floor area, and up to 20 parking spaces. FWCC - Chapter 18, Environmental Protection Page 10 (4) For parking lots up to 20 parking spaces. (5) For landfills and excavations up to 500 cubic yards. (b) Whenever the city establishes new exempt levels under this section, it shall send them to the State Department of Ecology as required by WAC 197-11-800(l)(c). (Ord. No. 90-40, § 1(20.90.10,20.90.20),2- 27-90) 18- 74. Planned actions - Definition and criteria. (1) A planned action means one or more types of project action that: (a) Are designated planned actions by an ordinance or resolution adopted by the city; (b) Have had the significant environmental impacts adequately addressed in an EIS prepared in conjunction with: (i) A comprehensive plan or subarea plan adopted under chapter 36.70A RCW; or (ii) A fully contained community, a master planned resort, a master planned development, or a phased project; (c) Are subsequent or implementing projects for the proposals listed in (b) of this subsection; (d) Are located within an urban growth area, as defined in RCW 36.70A.030, or are located within a master planned resort; (e) Are not essential public facilities, as defined in RCW 36.70A.200; and (D Are consistent with a comprehensive plan adopted under chapter 36.70A RCW. (2) The city shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than its jurisdictional boundaries. (3) The city may limit a planned action to a time period identified in the E¡S or the designating ordinance or resolution adopted under FWCC 18-76 18- 75. Ordinances or resolutions designating planned actions - Procedures for adoption. (1) The city must designate a IJ]anned action by ordinance or resolution, Public notice and O]lliQrtllllity for public comment shall be provided as part of the agency's process for adopting the ordinance or res01ution. (2) The ordinance or resolutlOn: (a) Shall describe the type(s) of project action being designated as a planned action; (b) Shall describe how the planned action meets the criteria in FWCC 18-74 (including specific reference to the EIS that addresses anv significant environmental impacts of the planned action); (c) Shall include a finding that the environmental impacts of the 1Jlanned action haye been identified and adequately addressed in the E¡S, subject to project review under FWCC 18-76; and (d) Should identify any specific mitigation measures other than applicable development regulations that must be a1Jplied to a project for it to qualify as the planned action. (3) ¡fthe city has not limited the planned action to a specific time period identified in the EIS, it may do so in the ordinance or resolution designating the planned action. (4) The city is encouraged to provide a periodic review and update procedure for the planned action to monitor implementation and consider changes as warranted. 18- 76. Planned actions - Project review. (1) Review of a project proposed as a planned action is intended to be simpler and more focused than for other projects. A project proposed as a planned action must qualify as the planned action designated in the planned action ordinance or resolution, and must meet the statutory criteria for a planned action in RCW 43.21 C031. Planned action project review shall include: (a) Verification that the project meets the description in, and will implement any applicable conditions or mitigation measures identified in, the designating ordinance or resolution; and (b) Verification that the probable significant adverse environmental impacts of the project have been adequately addressed in the EIS prepared under FWCC 18-74(1 )(b) through review of an FWCC - Chapter 18, Environmental Protection Page 11 environmental checklist or other project review fonn as specified in WAC 197-11-315, filed with the project application. (2)(a) Ifthe project meets the requirements of subsection (1) of this section, the project shall qualify as the planned action designated by the city, and a project threshold detennination or EIS is not required. Nothing in this section limits the city from using this chapter or other ap?licable law to place conditions on the project in order to mitigate nonsignificant impacts through the nonnallocal project review and pennitting process. (b) If the project does not meet the requirements of subsection (1) of this section, the project is not a planned action and a threshold detennination is required. In conducting the additional environmental review under this chapter. the lead agency may use information in existing environmental documents, including the £IS used to designate the planned action (refer to WAC 197-11-330 (2)(a) and 197-11-600 through 197-11-635). If an EIS or SEIS is prepared on the proposed project, its scope is limited to those probable significant adverse environmental impacts that were not adequately addressed in the EIS used to designate the planned actÍon. (3) Public notice for projects that qualify as planned actions shall be tied to the underlying pennit. If notice is otherwise required for the underlying permit, the notice shall state that the proiect has qualified as a planned action. If notice is not otherwise required for the underlying pennit, no special notice is required. However, the city is encouraged to provide some form of public notice as deemed appropriate. ~ 18- 77 Categorical exemptions - Determination. (a) When the city receives an application for a license or a city department initiates a proposal, the responsible official shall determine whether the license or proposal is exempt. The determination of exemption shall be final and not subject to administrative review. The procedural requirements of this article shall not apply to proposals or licenses which are determined to be exempt, nor shall an environmental checklist be n:qUlred to be completed. (b) In determining whether a proposal is exempt the responsible official shall make certain the proposal is properly defined and shall identify the governmental license required. If the proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency for the nonexempt action. (c) Ifa proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to completion of the procedural requirements of this article, except that: (1) The city shall not give authorization for any action that is nonexempt, any action that would have an adverse environmental effect, or any action that would limit the choice ofreasonable alternatives; (2) The city may withhold approval of an exempt action that would lead to modifications of the physical environment serving no purpose if the nonexempt actions were not approved; (3) The city may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if the nonexempt actions were not approved. (Ord. No. 90-40, § 1(20.100.10 - 20.100.30),2-27-90) l8-+6 18- 78 Threshold determination - Early review at conceptual level. (a) When the city's only action on a proposal is a decision on a building pennit or other permit that requires detailed project plans and specifications, the applicant may request in writing that the city conduct an environmental review prior to submission of the plans and specifications. In addition to the required environmental documents, the applicant shall submit any additional infonnation as detennined by the responsible official. (b) An applicant may request in writing early notice of whether a detennination of significance (DS) is likely under the following conditions: (1) The request shall precede the city's actual threshold determination for the proposal; (2) The proposal is sufficiently definite to allow meaningful environmental analysis; FWCC - Chapter 18, Environmental Protection Page 12 (3) Adequate information is available on the proposed action and potential environmental impacts to make a threshold determination; (4) The responsible official may require that additional information be submitted prior to responding to the request for early notice. (c) The responsible official's response to the request for early notice may: (1) State whether the city currently considers issuance of a determination of significance likely and, if so, indicate the general or specific areas of concern that are leading the city to consider a determination of significance and whether any additional information is needed. The responsible official may also indicate that with the approval of the applicant, a determination of significance would be issued and scoping initiated. (2) State that the applicant may change or clarify the proposal to mitigate the indicated impacts, and may revise the environmental checklist and/or proposal as necessary to reflect the changes or clarifications. (d) The city's written response to a request for early notice shall not be construed as a determination of significance or nonsignificance. Preliminary discussion of clarifications of or changes to a proposal shall not bind the city to consider the clarification or changes in its threshold determination. (Ord. No. 90- 40, § 1(20.110.10 - 20.110.40),2-27-90) l8-++ 18-79 Threshold determination - Environmental checklist. (a) A completed environmental checklist shall be filed at the same time as an application for a permit, license, certificate or other approval not exempted by this chapter unless the city and applicant agree that an environmental impact statement is required, or State Environmental Policy Act compliance has been completed or initiated by another agency. The checklist shall be m the form ofW AC 197-11-960 with such additions that may be reqlllred by the responsible oftïcial in accordance with WAC 197-11-906(4). (b) For private proposals, the applicant normally shall be reqUIred to complete the environmental checklist, although the cIty may decide to complete all or part of the checklist if the folloWIng occurs: (1) The city has tcchlllcal information that IS unavailable to the private app]¡cant: (2) The applicant has provided inaccurate information on previous or current proposals. (Ord. No. 90-40, § 1(20.120.10,20.120.20),2-27-90) 18-80 Threshold determination of nonsi2nificance. (1) If the responsible official determines there will be no probable significant adverse environmental impacts ITom a proposal, the lead agency shall prepare and issue a determination of nonsignificance (DNS) substantially in the form provided in WAC 197-11-970. If an agency adopts another environmental document in support of a threshold determination, the notice of adoption (W AC~97 -11- 965) and the DNS shall be combined or attached to each other. (2) When a DNS is issued for any of the proposals listed in (2)(a), the requirements in this subsection shall be met. The requirements of this subsection do not apply to a DNS issued when the optional DNS process in FWCC 18-82 is used. (a) An agency shall not act upon a proposal for fourteen days after the date of issuance of a DNS if the proposal involves: (i) Another agency with jurisdiction; (ii) Demolition of any structure or facility not exempted by WAC 197-11-800 (2)(f) or 197- 11-880; (iii) Issuance of clearing or grading permits not exempted in Part Nine of these rules; (iv) A DNS under WAC 197-11-350 (2), (3) or 197-11-360(4); or (y) A GMA action. FWCC - Chapter 18, Environmental Protection Page 13 (b) The responsible official shall send the DNS and environmental checklist to agencies with jurisdiction, the Department of Ecology, and affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal. and shall give notice under FWCC 18-49. (c) Any person, affected tribe, or agency may submit comments to the lead agency within fourteen days of the date of issuance of the DNS. (d) The date of issue for the DNS is the date the DNS is sent to the Department of Ecology and agencies with jurisdiction and is made publicly available. (e) An agency with jurisdiction may assume lead agency status only within this fourteen-day period (W ACI97-11-948). (D The responsible official shall reconsider the DNS based on timely comments and may retain or modify the DNS or, if the responsible official determines that significant adverse impacts are likely, withdraw the DNS or supporting documents. When a DNS is modified, the lead agency shall send the modified DNS to agencies with jurisdiction. (3)(a) The lead agency shall withdraw a DNS if: (i) There are substantial changes to a proposal so that the proposal is likely to have significant adverse environmental impacts; (ii) There is significant new information indicating, or on, a proposal's probable significant adverse environmental impacts; or (iii) The DNS was procured by misrepresentation or lack of material disclosure; if such DNS resulted from the actions of an applicant, any subsequent environmental checklist on the proposal shall be prepared directly by the lead agency or its consultant at the expense ofthe applicant. (b) Subsection (3)(a)(ii) shall not apply when a nonexempt license has been issued on cærivate project. (c) If the lead a~ency withdraws a DNS, thc agency shall make a new threshold determination and notify other ageJ:lCL~swithjurisdiction of the \Vlthclra\\iélLanc1lJe.w threshold determmatloll.Jfa DSi~ Issued, each ageney\vlth Jurisdiction shall commence (lctIQn to suspend, modify, or revol<c any approvals until the necessary envlf()_nmental review has occurred (see also WAC 197-11-0701 l8-18 18-81 Threshold determination - Mitigated determination of nonsigniticance. (a) The responsible ot1icial may issue a determination of nonsignificance based on mitigating conditions attached to the proposal by the responsible official or on changes or clarifications proposed by the applicant. When an applicant submits a changed or clarified proposal with a revised checklist, the city shall base its threshold determination on the changed or clarified proposal as follows: (1) If the city indicated specific mitigation measures in response to the request for early notice, and the applicant mc I udcd those measures, the city shall issue a determination of nonslgni Cicance if no additional information or mitigation is required. (2) If the city Indicated areas of concern, but did not indicate specific mitigation measures, the city shall issue a determination of nonsignificance or determination of significance as appropriate. (3) The applicant's proposed clarification, changes, mitigations or other conditions must be specific and presented in writing. (b) Mitigation measures justifying issuance of a mitigated determination of nonsignificance may be incorporated in the determination of nonsignificance by reference to agency staff reports, studies or other documents. (c) Mitigation measures incorporated in the mitigated determination of nonsignificance shall be conditions of approval of the permit and may be enforced in the same manner as any conditions of the permit, or any other manner as prescribed by the city. Failure to comply with the designated mitigation measures shall be grounds for suspension and/or revocation of any license issued. (d) The city shall not act upon a proposal for which a mitigated determination of nonsignificance has been issued until the appeal period has expired. FWCC - Chapter 18, Environmental Protection Page 14 (e) If the city's tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated determination of nonsignificance for the proposal, the city should eyaluate the threshold determination to assure consistency with WAC 197-11-340(3 )(a) relating to the withdrawal of a determination of nonsignificance. (Ord. No. 90-40, § 1(20.130.10- 20.130.50), 2-27-90) 18-82 Optional DNS process. (1 ) If the city has a reasonable basis for determining significant adverse environmental impacts are unlikely, it may use a single integrated comment period to obtain comments on the notice of application and the likely threshold determination for the proposal. If this process is used, a second comment period will typically not be required when the DNS is issued (refer to subsection (4) of this section). (2) If the lead agency uses the optional process specified in subsection (1 ) of this section, the lead agency shall: (a) State on the first "age of the notice of application that it expects to issue a ONS for the proposal. and that: (i) The optional ONS process is being used; (ii) This may be the only opportunity to comment on the environmental impacts of the proposal; (iii) The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and (iv) A COPy ofthe subsequent threshold determination for the specific proposal may be obtained upon request (in addition, the lead agency may choose to maintain a general mailing list for threshold determination distribution). (b) List!!JJhe notice of application the con.dl tlOns being considered to mitigate clwlronmental impacts, if a mItIgated ONS is expected; WJ-'omplyyv'lth the requirements for a Tlotice("U'.<1)JRlication and public noticç III FWÇC 18-49; and (d) Send the notice of application and envlronnlcntal checklist to: Ltlbv:cl1elcs with jurisdiction, the Dep-artmçDl2fEcology, affected tríbcsoand each local agency or politIcal subdivision whose public services would be changed as a resultoflllwiementation of the proposal; and (ii) Anyone requesting a COPY of the environmental checklist for the specitlc proposal (in addition, the lead agency may choose to maintain a general mailing list for checklist distribution). (3) If the lead agency indicates on the notice of application that a ONS is likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice of application (WAC 197-11-948). (4) The responsible oftìcial shall consider timeIy comments on the notice of application and either: (a) Issue a DNS or mitigated DNS with no comment period using the procedures in subsection (5) of this section; (b) Issue a DNS or mitigated ONS with a comment period using the procedures in subsection (5) of this section, if the lead agency determines a comment period is necessary; (c) Issue a OS; or (d) Require additional information or studies prior to making a threshold determination. (5) If a DNS or mitigated DNS is issued under subsection (4)(a) ofthis section, the lead agency shall send a coPy of the DNS or mitigated DNS to the Department of Ecology, agencies with jurisdiction, those who commented, and anyone requesting a copy. A coPY ofthe environmental checklist need not be recirculated. !8-19 18-83 - 18-95 Reserved. FWCC - Chapter 18, Environmental Protection Page 15 Division 4. Environmental Impact Statement 18-96 Rules. The city adopts by reference the following sections of Chapter 197-11 WAC, as now existing or amended: (1) 197-11-400, Purpose of environmental impact statement. (2) 197-11-402, General requirements. (3) 197-11-405, Environmental impact statement types. (4) 197-11-406, Environmental impact statement timing. (5) 197-11-408, Scoping. (6) 197-11-410, Expanded scoping. (7) 197-11-420, Environmental impact statement preparation. (8) 197-11-425, Style and size. (9) 197-11-430, Format. (10) 197-11-435, Cover letter or memo. (11) 197-11-440, Environmental impact statement contents. (12) 197-11-442, Contents of environmental impact statement on nonproject proposals. (13) 197-11-443, Environmental impact statement contents when prior nonproiect environmental impact statement. (14) 197-11-444, Elements of the environment. (15) 197-11-448, Relationship of environmental impact statement to other considerations. (16) 197-11-450, Cost-benefit analysis. (17) 197-11-455, Issuance of determination of environmental impact statemcnt. (18) lLJ7-11-460, Issuance of final envIronmental impact statement. (Ord No. C)()-40, § 1 (20.140),2- 27-90) 18-97 Preparation. (a) PreparatIon of environmental impact statements, supplemental envlronmentalll11paet statements, and other envIrtmmental documentation shall be under the direction of the responsIble official. The documents may be prepared by the city stan~ or by a consultant approved and directed by the city, but will be paid for by the applicant. A consultant preparing or sub consultant participating in the preparation of an environmental impact statement may not subsequently work for the proponent of the proposed project. The responsible official shall notify the applicant of the city's procedure for environmental impact statement preparation, including review, approval and distribution of the draft and final environmental impact statement. (b) The city may require an applicant to provide information the city does not pÒssess, including specific investIgations relating to elements of thc envIronment. The applicant is not required to supply information not required under this chapter, or that is requested from another agency, provided this does not apply to information requested under another statute or ordinance. (c) Before the city issues a preliminary or final environmental impact statement, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAc. (Ord. No. 90-40, § 1(20.150.10 - 20.150.30),2-27-90) 18-98 Other considerations. As defined in WAC 197-11-448, the following information may be part of the existing environment for purposes of content, but will not be considered as elements of the environment requiring discussion in the environmental impact statement or as criteria for threshold determinations: (1) Finance and economics. (2) Social policy. (3) Cost-benefit analysis. FWCC - Chapter 18, Environmental Protection Page 16 (4) Nonconstruction aspects of education and communications. (Ord. No. 90-40, § 1(20.160),2-27- 90) 18-99 Commenting. The city adopts the following sections of Chapter 197-11 WAC as now existing or amended by reference: (1) ] 97 -] 1-500, Purpose of this part. (2) 197-11-502, Inviting comment. (3) ] 97-11-504, Availability and cost of environmental documents. (4) 197-11-508, State Environmental Policy Act register. (5) ] 97-1 ]-535, Public hearings and meetings. (6) 197-11-545, Effect of no comment. (7) 197-11-550, Specificity of comments. (8) 197-11-560, Final environmental impact statement response to comments. (9) 197-11-570, Consulted agency costs to assist lead agency. (Ord. No. 90-40, § 1(20.170), 2-27-90) 18-100 - 18-115 Reserved. Division 5. Environmental Policy Statement 18-116 Definitions - Adoption by reference. The city adopts by reference the following sections of Chapter 197-]] WAC as now existing or amended, and as supplemented in this chapter: (1) 197-11-700,Definitions. (2) [97-11-702, Act. (3) 197-11-704, Action. (4) 197-11-706, Addendum. (5) 197-11-708, Adoption. (Ü) 197-11-710, Affected tribe. (7) 197-11-712, Affecting. (8) 197-11-714, Agency. (9) 197-11-716, Applicant. (10) 197-11-718, Built environment. (11) 197-] 1-720, Categorical exemption. (12) 197-11-72 L Closed record appeal. ~ 13 197-11-722, Consolidated appeal. f-J-J1 11 197-11-724, Consulted agency. (J2ll27-11-726. Cost-benefit analysis. f-l-4t li{il197-11-728, County/city. fB1 LiD 197-11-730, Decision maker. (16) Q[} 197-11-732, Department. tl-+-t li.2l197 -11- 734, Determination of nonsignificance. (-l-&j ílQ.L197-11- 736, Determination of significance. fl-9) alll97-11-738, Environmental impact statement. fWj (lll197 -11-740, Environment. ~ {TIl197-11-742, Enyironmenta] checklist. ~ (Ml197-11-744, Environmental document. ~ Q2l197-11-746, Environmental review. (21) 197 11 718, Efl\1.roflffientally sensiti'le areas. ~ í1Ql197-11-750, Expanded scoping. FWCC - Chapter 18, Environmental Protection Page 17 ~ QZlI97-11-752, Impacts. (H) aID 197-11-754, Incorporation by reference. R-&j Q2l197-11-756, Lands covered by water. R-91 QQlI97-11-758, Lead agency. ~ QllI97-11-760, License. fJ-B Q1l.197-11-762, Local agency. ~ Q]l197-11-764, Major action. ~ QÐ...197-11-766, Mitigated determination of non significance. ~ (ill197-11-768, Mitigation. ~ QQ.L197-11-770, Natural environment. ~ Qll197-11-772, National Environmental Protection Agency. ß+j Q[L197-11-774, Nonproject. (39) 197-11-775, Open record hearing. ~ ßQ.L197-11-776, Phased review. ~ ß.ll197-11-778, Preparation. f4G1 ß2l197-11-780, Private project. (4B@197-11-782, Probable. ~ ß1l197-11-784, Proposal. ~ (lli197-11-786, Reasonable alternative. f44i ß& 197 -11-788, Responsible official. ~ ßllI97-11-790, State Environmental Policy Act. f4Ð1 {ill197-11-792, Scope. f4-fi [42l197-11-793, Scoping. f4&t ŒQl197-1l-794, Significant. (49j illlJ97-1l-796, State agency. ~ í.22l197-11-797, Threshold determination. ~ 0ll197-11- 799, Underlying governmental action. (Ord. No. 90-40. ~ 1(20.260),2-27-90) 18-117 Use of existing environmental docli mellts. The city adopts the following sections of Chapter 197-11 WAC as now exIsting or amended by reference: ' (1) 197-11-600, When to use existing environmental documents. (2) 197-11-610, Use ofNEPA documents. (3) 197-11-620, Supplemental environmental impact statements - Procedures. (4) 197-11-625, Addenda - Procedures. (5) 197-11-630, Adoption - Procedures. (6) 197-11-635, Incorporation by reference -Procedures. (7) 197-11-640, Combining documents. (Ord. No. 90-40, § 1(20.190),2-27-90) 18-118 Compliance with State Environmental Policy Act - Adoption by reference. The city adopts by reference the following sections of Chapter 197-11 WAC as now existing or amended, and as supplemented in this chapter: ( 1) 197 -11-900, Purpose of this part. (2) 197-11-902, Agency State Environmental Policy Act policies. (3) 197-11-916, Application to ongoing actions. (4) 197-11-920, Agencies with environmental expertise. (5) 197-11-922, Lead agency rules. (6) 197-11-924, Determining the lead agency. (7) 197-11-926, Lead agency for governmental proposals. (8) 197-11-928, Lead agency for public and private proposals. FWCC - Chapter 18, Environmental Protection Page 18 (9) 197-11-930, Lead agency for private projects with one agency with jurisdiction. (10) 197-11-932, Lead agency for private projects requiring licenses fÌ'om more than one agency, when one of the agencies is a county/city. (11) 197-11-934, Lead agency for private projects requiring licenses fÌ'om a local agency, not a county/city, and one or more state agencies. (12) 197-11-936, Lead agency for private projects requiring licenses fÌ'om more than one state agency. (13) 197-11-938, Lead agencies for specific proposals. (14) 197-11-940, Transfer oflead agency status to a state agency. (15) 197-11-942, Agreements on lead agency status. (16) 197-11-944, Agreements on division oflead agency duties. (17) 197-11-946, Department of Ecology resolution of lead agency disputes. (18) 197-11-948, Assumption of lead agency status. (Ord. No. 90-40, § 1(20.270),2-27-90) 18-119 State Environmental Policy Act decisions - Adoption by reference. The city adopts by reference the following sections of Chapter 197-11 WAC as now existing or amended: (I) 197-11-650, Purpose of this part. (2) 197-11-655, Implementation. (3) 197-11-660, Substantive authority and mitigation. (4) 197-11-680, Appeals. (Ord. No. 90-40, § 1(20.200),2-27-90) 18-120 State Environmental Policy Act decisions - Forwarding recommendations. For nonexempt proposals, any determmation of non significance or mitIgated detemlination of nonslgm ficance or completed drati and final environmental impact statement for the proposal shall accompany the city staffs recommendatIon to any appropriate advisory body such as the planning CO1111111SS10n, or to the hearing examiner or city council. (Ord. No. 90-40, ~ 1(20210),2-27-90) 18-121 State Environmental Policy Act dccisions - Substantivc authority. (a) The city may attach conditions to a permit or approval for a proposal so long as: (1) Such conditions are necessary to mitigate specific adverse environmental impacts clearly identified in an environmental document prepared under this chapter; (2) Such conditions are in writing; (3) Such conditions are reasonable and capable of being accol11pl1shed; (4) The city has considered whether other local, state or federall11itigation measures applied to the proposal are sufficient to mitigate the identified impacts; and (5) Such conditions are based on one or more policies in FWCC 18-122 and are cited in the permit, approval, license or other decision document. (b) The city may deny a permit or approval for a proposal on the basis of State Environmental Policy Act so long as: (1) A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final environmental impact statement or final supplemental environmental impact statement; (2) A finding is made that reasonable mitigation measures are insufficient to mitigate an identified impact; and (3) The denial is based on one or more policies identified in FWCC 18-122 and identified in writing in the decision document. (Ord. No. 90-40, § 1(20.220.10,20.220.20),2-27-90) FWCC - Chapter 18, Environmental Protection Page 19 18-122 State Environmental Policy Act policies. (a) The policies and goals set forth in this article are supplementary to those in the existing authorization of the city. (b) The city designates and adopts by reference the policies in this section as the basis for the city's exercise of authority under this article. The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may: (1) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (2) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing sulToundings; (3) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable and unintended consequences; (4) Preserve important historic, cultural, and natural aspects of our national heritage; (5) Maintain, wherever possible, an environment which supports diversity and variety of individual choice; (6) Achieye a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and (7) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. (c) The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. (d) The city adopts by reference the fÒllowing city codes, ordinances. resolutions, plans and polIcies as now exist or as may hereinafter be amended or superseded: (1) The Federal Way Comprehensive Plan; (2) The Federal Way City Code and documents adopted by reference therell1, including without lImitation the following chapters: a. Zoning (Chapter 22 FWCC) and the official zoning map: b. Subdiyisions (Chapter 20 FWCC); c. Surface and Stormwater Management (Chapter 21 FWCC); d. Shoreline Regulation and the Shoreline Management Master Program (Chapter 18 FWCC); aOO e. Methods to Mitigate Development Impacts (Chapter 19 FWCC); and f. Solid Waste (Chapter 12 FWCC) (3) The Shoreline Management Guide Book (DOE); (4) The Washington State Flood Reduction Plan (1993 DCD); (5) Ordinances relating to Surface Water Runoff, Ordinance No. 90 31 and Surface Water Management, Ordinance No. 90 32; (6) The 1999/2000 Lakehaven Utility District Comprehensive Sewer System Plan Update; (7) The.f-9.9.9 Lakehaven Utility District Comprehensive Water System Plan Update; (8) The Federal Way Comprehensive Parks, Recreation, and Open Space Cultural Services Plan; (9) The King County Fire Protection District Number 39 Federal Way Fire Department Long Range Plan; (10) The Federal Way School District Number 210 Capital Facilities Plan; (11) The Code of the King County Board of Health; (12) The Federal Way Solid Waste Maflagement Plan; (13) The Federal Way Recycle Plan; (11) The Federal '""lay Transportation Improvement Plan; FWCC - Chapter 18, Environmental Protection Page 20 (15) The Federal Way Hazardous ",Taste Management Plan; fMj [l2} The Executive Proposed Basin Plan Hylebos Creek and Lower Puget Sound, King County Surface Water Management, July 1991; (17) The Federal Way Private Utility Element; fl-8f Ql) The King County County-Wide Planning Policies, to the extent currently adopted by the Federal Way city council, and as may be adopted hereafter; fl-9) íl.Ð. The ~ 2001 King County Final Comprehensive Solid Waste Management Plan,--as--tt now exists or may hereafter be amended; ~.Q.2} The Federal Way Comprehensive Surface Water Management Plan; (21) The Guide to Conducting Wetland Inventories (DOE); ~ (lQ} Washington State Shoreline Management Act of 1971; (23) The StaNdard Specification fDr CoNstruction of Trails (Forest Service 1981); ~ Q1} The Puget Sound Water Quality Management Plan; ~ ílID. The King County Division of Parks and Recreation Play Area Design and Inspection Handbook; ~ Q21 The Sea-Tac International Airport Impact Mitigation Study, February 1997, prepared by Hellmuth, Obata and Kassabaum, Inc., and Raytheon Infrastructure Services, Inc., under a grant from the state of Washington; (Rj (20) The Washington State Department of Transportation Pavement Guide, February 1995; ~ @ The Highway Capacity Manual, Special Report 209, Transportation Research Board, 1997; ~ @ The Institute of Transportation Engineers, Trip Generation, 5th Edition, 1991; ~ @ The.f...99.& King County Surface Water Design Manuah (KCSWDM) and the Federal .wav Addendum to the KCSWDM: EJ-B (24) The Stormwater Management Manual for the Puget Sound Basin, Washington State Department of Ecology, February 1992 August 2001; ß-21 @ The King County Stormwater Pollution Control Manual and Best Management Practices (EMP manual); aOO (26) The January 2002 UR~Federal Way Stream InventQr-y~an(l fHif1D Planning documents not specifically listed above but referenced in the environmental analysis of the city's comprehensive plan. (Ord. No. 90-40, § 1 (20.230.1 0,20.230.20),2-27-90; Ord. No. 91- 109, § 2,9-17-91; Ord. No. 91-114, § 3,12-3-91; Ord. No. 92-130, § 3, 3-17-92; Ord. No. 92-136, § 3,4-21-92; Ord. No. 92-137, § 1,5-5-92; Ord. No. 92-140, § 3,6-2-92; Ord. No. 93-184, § 1,8-17-93; Ord. No. 93-202, § 1, 12-21-93; Ord. No. 95-246, § 2,11-21-95; Ord. No. 00-365, § 3,3-7-00) 18-123 - 18-140 Reserved. Division 6. Environmentally Sensitive Critical Areas 18-141 Designation of areas. (a) The following areas of the environment are designated as environmentally sensitive critical areas pursuant to RCW 36.70/~.O60 36.70A.030(5) and W.^~C 197 11 908: (1) Critical Af!quifer recharge areas and Wellhead protection areas (Wenhead Capture Zones 1, 5 and 10); (2) Fish and wildlife habitat conservation areas; (3) Frequently flooded areas; (4) Geologically hazardous areas; (5) Regulated Wwetlands; and (6) Streams. FWCC - Chapter 18, Environmental Protection Page 21 (b) For each of these environmentally sensitive critical areas, the responsible official shall use city codes, ordinances, resolutions, plans and policies identified in FWCC 18-122 to preclude land uses and development which are incompatible with these areas. (Ord. No. 90-40, § 1(20.280.10),2-27-90; Ord. No. 91- 105, § 6(20.280.10), 8-20-91; aId. No. 93-192, § 2, 11-9-93) 18-142 Portfolio Critical areas maps and inventories. (a) The environmentally sensitive areas portfolio, comprised of Critical area maps and documents inventories, generally designates the location of environmentally sensitive critical areas within the city and is adopted by reference. (b) Area-wide inventories and documents øomprising the en'/ironmentally sensitive areas portfolio identifying critical areas may not identify all environmentally sensitive critical areas designated under this section. Whether mapped or not, the provisions of this diyision will apply to all designated environmentally sensitive critical areas located within the city. Whenever there is evidence of afl environmentally sensitive a critical area located within or in proximity to a nonexempt action, the responsible official may require a special study to determine the extent such en'¡jronmentally sensitive critical area may exist. (Ord. No. 90-40, § 1(20.280.10),2-27-90; Ord. No. 91-105, § 6(20.280.10), 8-20-91) 18-143 Exemptions. (a) For each environmentally sensiti'le critical area, the exemptions within WAC 197-11-800 that are inapplicable for that area are: (1) WAC 197-11-800(1), Minor new construction, flexible threshold. (2) WAC 197 -11-800(2)(a) through (g), Other minor new construction. (3) WAC 197-11-800(6)(a), Minor land use decisions, short plat approval. (4) WAC 197-1l-800(21)(a), (d), (g)@, Utilities. (b) Unidentified exemptIons shall continue to apply within en vlronmentally sensitive areas of the cIty. (c) l..s provided in \\1,'\(: 197 11 800(3)(f), certain exemptions do not apply on lands covered by "vater, and this remains true regardless of'Nhether or not lands covered by "vater are mapped. (Orel. No. 90- 40, § 1 (20.280.10 - 20.280.30), 2-27-90: Ord. No. 91-105, § 6(20.280. 10), 8-20-91) 18-144 Treatment of proposals. The city shall treat proposals located wholly or partially wIthin an environmentally sens-i-t:-i-ve a critical area no differently than other proposals under this chapter except as stated in FWCC 18-143. A threshold determination shall be made for all such proposals. The city shall not automatically require an environmental impact statement for a proposal merely because it is proposed for location in afl environmentally sensitive a critical area. (Ord. No. 90-40, § 1(20.280.20),2-27-90) 18-145 - 18-160 Reserved. 1:\2004 Code Amendments\ Wellhead I'rotection\City Council\Environmental Protection.docll 0/27/20049:24 AM FWCC - Chapter 18, Environmental Protection Page 22 ~ CITY OF ~ Federal Way MEMORANDUM October 26, 2004 To: Mayor and City Council Members SUBJECT: David Moseley, City Manager Kathy McClung, Director of Community Development p:s ~ Margaret H. Clark, AICP, Senior Planner ~ Amendments to Federal Way City Code (FWCC) Chapters 22 and 18, Critical Aquifer Recharge Areas and Wellhead Protection Areas, File #04- 102618-00-UP VIA: FROM: MEETING DATE: November 2, 2004 I. BACKGROUND The Land Use/Transportation Committee (LUTC) discussed the proposed amendments to Chapters 22 and 18, to protect Critical Aquifer Recharge Areas and Wellhead Protection Areas during public meetings on October 4 and 18, 2004. During the October 4, 2004 meeting, the LUTC had a number of questions regarding how the review process between the Lakehaven Utility District, Federal Way Fire Department, and City of Federal Way would be coordinated. The LUTC was concerned about duplication of regulation and their impact on businesses that handle or store hazardous materials. Staff responded to the LUTC's questions in an October 11,2004 Staff Report; and during the October 18, 2004, presentation to the LUTC, staff recommended changes to the proposed amendments to reflect the LUTC's concerns. These changes are discussed in Section II ofthis memorandum. In addition, staff made changes in response to a letter from Mark Asplund, an attorney representing some local businesses. These changes are intended to clarify that the regulations would not apply to existing businesses. Changes made subsequent to the October 18, 2004, LUTC meeting to address LUTC's comments and to clarify the kind of uses that would be regulated are shown as underlined and shaded (new language) and stijl~~ø~~~lÎ:ñd.5baâed (proposed deletions) (Exhibit I-A). II. DISCUSSION OF AMENDMENTS MADE TO ADDRESS LUTC'S COMMENTS Items No.1 and 2 address the LUTC's questions and comments, and Item No.3 is intended to clarify that the regulations would not apply to existing businesses. 1. The LUTC inquired about the degree of cooperation that presently occurs or can occur between the City of Federal Way, the Lakehaven Utility District, and the Fire Department. The LUTC was concerned that business owners handling hazardous materials would have to fill out duplicate checklists or survey forms from three different agencies. They inquired whether a standard checklist could be utilized. Staff Response: The proposed Wellhead Protection/Critical Aquifer Recharge Area regulations will not result in duplication between the three agencies. All three agencies participate in the City's Development Review Committee (DRC), which review development applications. When an application for a development permit in a Critical Aquifer Recharge Area and Wellhead Protection Area is received, the DRC will review whether hazardous materials will be used, stored, transported, or disposed of in connection with the proposed activity. This will be determined through a completed Hazardous Materials Checklist, similar to that currently used by the Lakehaven Utility District, which the applicant would fill out. Amendments have been made to FWCC 22-1374 to codify this process (Exhibit I-A). 2. The LUTC inquired whether hazardous materials could be broken down by type and quantity. Staff Response: There are over 3,000 types of hazardous materials that can be utilized by businesses. Some materials are hazardous only if stored or used incorrectly. Other materials are considered hazardous only if stored in certain quantities. Therefore, it is not possible to have a useable checklist for the public that includes a detailed list of every hazardous material by critical quantity, i.e., different thresholds that identify at what quantity a specific hazardous material could contaminate the groundwater. On the other hand, because of the unique characteristic of different potentially hazardous materials, it may not be practicable to use just one threshold. As a result, staff has deleted the original code language, which uses a threshold of 20 gallons liquid or 200 pounds solid as a determination of when a Hydrogeologic Critical Area Assessment Report should be prepared. Hazardous materials will be regulated on a case-by-case basis, depending on the type of material. Amendments have been made to FWCC 22-1374 to codify this process as follows (Exhibit I-A): The Development Review Committee will review the Hazardous Materials Inventory Statement along with the land use application, to determine whether hazardous materials meeting the definition of FWCC 22-1 will be used, stored, transported, or disposed of in connection with the proposed activity. The Development Review Committee shall make the following determination: (a) No hazardous materials are involved. (b) Hazardous materials are involved; however, existing laws or regulations adequately mitigate any potential impact, and documentation is provided to demonstrate compliance. (c) Hazardous materials are involved and the proposal has the potential to significantly impact Critical Aquifer Recharge Areas and Wellhead Protection Areas; however, sufficient information is not available to evaluate the potential impact of contamination. The City may then require an applicant to prepare a Hydrogeologic Critical Area Assessment Report in order to determine potential impacts on Critical Aquifer Recharge Areas and Wellhead Protection Areas. 3. In an October 18,2004 letter, Mark Asplund, an attorney representing some local businesses, requested that the code amendments be revised to clarify that the proposed amendments would File #O4-102618-00-UP Page 2 not apply to existing/ongoing uses and operations. Staff Response: Staff has revised language throughout FWCC Chapter 22, Division 9, the new code section intended to protect Critical Aquifer Recharge and Wellhead Protection Areas, to state that the regulations would apply only to development activity or divisions of land, which require review under Chapter 18, Environmental Protection, which is review pursuant to the State Environmental Policy Act (SEP A). This clearly excludes existing businesses from regulation, because SEP A review only applies to new businesses, expansion of existing businesses, a change in use, or a division of land into five or more lots. 1:\2004 Code Amendments\Wellhead Protection\City Council\Exhibit A to Adoption Ordinance\11O204 Memo to Cc.doc/lO/27/2004 8:53 AM File #04-1026 I 8-00-UP Page 3 EXHIBIT I-A Division 9. Critical AQuifer Rechan?:e Areas and Wellhead Protection Areas 22-1370 Limitations. Jhis division regulates de~felopment activities and land surfaee modifications any development åctivity, or division ofland which requires review under Chapter 18, Environmental Protection, and which is located within designated wellhead capture zones. Wellhead Capture Zones 1. 2, and 3 are designated as critical aquifer recharge areas under the provisions of the Growth Management Act (Chapter 36. 7aA RCW) and are established .þased on proximity to and travel time of groundwater to the city's public water source wells. This division shall not applv to projects that have received a Letter of Completeness prior to the effective date of the amendments. 22-1371 Classification of wellhead capture zones. The Lakehaven Utility District (LUD) has designated three wellhead cavture zones based on proximity to and travel time of groundwater to the city's public water source wells: (a) Wellhead Capture Zone I represents the land area overlaying the one-year time-of-travel zone of any public water source well owned by LUD. (b) Wellhead Capture Zone 2 represents the land area overlaying the five-year time-of-travel zone of any public water source well owned by LUD, excluding the land area contained in Wellhead Capture Zone 1. (c) Wellhead Capture Zone 3 represents the land area overlaying the 1 a-year time-of-travel zone of any public water source well owned by LUD, excluding the land area contained in Wellhead Capture -Zones I or 2. 22-1372 General reQuirements. (1) Activities may only be permitted in a critical aquifer recharge area and wellhead protection area if the applicant can show that the proposed activity will not cause contaminants to enter the aquifer; (2) The city shall impose development conditions to prevent degradation of the critical aquifer recharge and wellhead protection area. All conditions to permits shall be based on known, available, and reasonable methods of prevention control and treatment (AKART). (3) The proposed actiyity must comply with the water source protection requirements and recommendations of the Federal Environmental Protection Agency, State Department of Ecology, State Department of Health, and the King County Health Department. (4) The proposed activity must be designed and constructed in accordance with the King County Surface Water Design Manual (KCSWDM), the Federal Wav Addendum to the KCSWDM, and the Kin,? Countv Storm water Pollution Control Manual (BMP manual). 22-1373 Prohibited activities in wellhead capture zone 1. (1) Land uses or activities for development that pose a significant hazard to the city's groundwater resources resulting from storing, handling, treating, using, producing, recycling, or disposing of hazardous materials or other deleterious substances shall be prohibited in Wellhead Capture Zone I, except as specified in FWCC 22-340. These land uses and activities include, but are not limited to: a. On-site community sewage disposal systems as defined in Chapter 248-272 WAC; b. Hazardous liquid pipelines as defined in Chapter 81.88 RCW; c. Solid waste landfills; d. Solid waste transfer stations; e. Liquid petroleum refining, reprocessing, and storage; f. The storage or distribution of gasoline treated with the additive MTBE; g. Hazardous waste treatment, storage, and disposal facilities (except those defined under permit by rule for industrial wastewater treatment processes per Chapter 173-303-802fSH c 1 WAC); h. Chemical manufacturing, including but not limited to, organic and inorganic chemicals, plastics and resins, pharmaceuticals, cleaning compounds, paints and lacquers, and agricultural chemicals; i. Dry cleaning establishments using the solyent perchloroethylene; i. Primary and secondary metal industries that manufacture, produce, smelt, or refine ferrous and non-ferrous metals from molten materials; k. Wood treatment facilities, including wood preserving and wood products preserving; 1. Mobile fleet fueling operations; ill. Mining (metaL sand, and gravel); and n. Other land uses and activities that the city determines would pose a significant groundwater hazard to the city's groundwater supply. (2) The uses listed in FWCC 22-1379(1) represent the state of present knowledge and most common description of said uses. As other polluting uses are discovered, or other terms of description become necessary, they will be added to the list of uses prohibited within this zone. 22-1374 Re!!ulation offacilities handlin!! and starin!! hazardous materials. ( 1) Any land uses and aetivities development activity or division of land which requires review under Chapter 18, Environmental Protection located in critical aquifer recharge areas (wellhead capture zones 1. 2, and 3) shall submit a Hazardous Materials Inventory Statement with a development permit application. Si1'lg::h~ [amil',' l'êsÜhmtial äSêS t}fl'lazanhms matêFÏals !!r dêh~têrit}äS 8äbstaftíJ@s arê êJ:êmf'lt frt}m this l'ê€\.tÏrêmêftt, 1mt mä8t íJt}nft}rm tt} tl'lt}s@ }HJrÍ@rmaftêê staftdanls ift p.vCC 22 1375.1. 1ft additit}ft, øOn- going operation and maintenance activities of public wells by public water providers are exempt from these requirements. (2) Land uses and GetNitiesthat involve the use, storage, transport, or disposal of hazardous materials as defined in FWCC 22 1,ifiCluantities equal or greater to 20 gallons liquid, or 200 pounds solid, shall submit a Hydrogeologie Critieal :\rea Assessment Report and a Spill Containment and Response Plan, which shall at the minimum conform to the performance standards in FWCC 22 1381. (3) ^ Hydrogeolog:ic CriticaLArea .^.ssessment Report shall be prepared by a qualified ?J'oundwater scientist to determine the potential impacts of contamination on the aqui fcF:-Thc report shall include the following site and proposal related infon1l¡ltion, at a minimum: (2) The_Development Review Committee will review the Hazardous Materials Inventory Statement along with the land use application, to determine whether hazardous materials meeting the definition of FWCC 22-1 will be used, stored, transported or disposed of in connection with the proposed activity. The Development Review Committee shall make the following determination: (a) No hazardousmateria1sare involved. (b) Hazardous materials are involv~9: however, existing laws adequately mitigate any potential impact, and documentation is provided to demonstrate compliance with those [çgulations. (c) Hazardous materials are inyolved and the proposal has the potential to significantly impact Critical Aquifer Recharge Areas and Wellhead Capture Zones: however, sufficient information is not available to evaluate the potential impact of contamination. The City may require a Hy~rogeologic Critical Area Assessment Report to be prepared by a qualified groundwater scientist in order to determine the potential impacts of contamination on the aquifer. The report shall include the following site and proposal related infonnation. at a minimum: (i) Information regarding geologic and hydrogeologic characteristics of the site, including the surface location of the wellhead capture zone in which it is located and the type of infiltration of the site. (ii) Groundwater depth. flow direction, and gradient. (iii) Location of other critical areas, including surface waters, within 200 feet of the site: (iv) Best Management Practices (BMPs) and Integrated Pest Management (!PM) proposed to be used, including: EXHIBIT I-A FWCC - En'¡irenmentally Seßsitive :\reas Critical Areas Page 2 1. Predictive evaluation of groundwater withdrawal effects on nearby wells and surface water features; 2. Predictive evaluation of contaminant transport based on potential releases to groundwater; and 3. Predictin: .eYaluar!.~)n of ehaJ:H!Cs inJhc ¡!1filtr~tion 'recharge rate. (3) A Spill Containmcnl am.! R~~",p()lb~' Pta.n -i:s. may hç '.~~mlircd 1(\ I(knld~ ~'qllipment and/or structures that could fail, and shall include provisions for inspection as required by the applicable state regulations. (4) A Groundwater Monitoring Plan may be required to monitor quality and quantity of groundwater, surface water runoff, and/or site soils. The city may require the owner of a facility to install one or more groundwater monitoring wells to accommodate the required groundwater monitoring. Criteria used to determine the need for site monitoring shall include, but not be limited to, the proximity ofthe facility to production or monitoring wells, the type and quantity of hazardous materials on site, and whether or not the hazardous materials are stored in underground vessels. (5) The city may emplov an outside consultant at the applicant's expense for third-party review of the Hydrogeologic Critical Area Assessment Report, the Spill Containment and Response Plan, and the Groundwater Monitoring Plan. 22-1375 Performance Standards. Ll.L'\ny new or cxisÜ!l!~.JI~e applying(or a ~1<:~yc1opmcnt p~rmit, or suhd.i\'isio!1 apPu)\,al whiçh requires IJL~ i~w LJndcrJJuIPI.CI~J X, I::n\'irOl.1!1!~.D.t~!.I?I:ot~ctim1. wiJ.bin \\ l.'III1Cad eapt.un; lone I, \\'Illeh involves storing, handling, treating, using, producing, recycling, or disposing of hazardous materials or other deleterious substances meeting the definition ofFWCC 22-1 shall comply with the following standards: (a) Secondary containment: i. The owner or operator of any facility or activity shall provIde secondary containment for hazardous materials or other deleterious substances, in aggregate quantities equal to or greater than 20 gallons liquid or 200 Munds solid, in quantities specified in the International Fire Code. whichever is smaller. ii. Hazardous materials stored in tanks that are subject to regulation by the Washington State Department of Ecology under Chapter 173-360 WAC (Underground Storage Tank Regulations) are exempt from the secondary containment requirements of this section, provided that documentation is provided to demonstrate compliance with those regulations. (b) Design and construction of new stormwater infiltration systems must address site-specific risks of releases posed by all hazardous materials on site. These risks may be mitigated by physical design means, or equivalent best management practices, in accordance with an approved Hazardous Materials Management Plan. Design and construction of said stormwater infiltration systems shall also be in accordance with the KCSWDM, as amended by the City of Federal Way, and shall be certified for compliance with the requirements of this section by a professional engineer or engineering geologist registered in the State of Washington. (c) The following standards shall apply to construction activities occurring where construction vehicl~<;_will be refueled on site, and/or the quantity of hazardous materials tfl.a.t meeting the definition of FWCC 22-1 will be stored, dispensed, used. or handled on the construction site is in aggregate Ell:umtities equal to or greater t1:Hm 20 galleas liquid or 200 polffids solid. exclusive of the quaHtity of Hazardous material contaiaed iR fuel erfhlid reservoirs of eenstruetioo veHicles. As part of the city's project permitting process. the city may require any or all of the following items: i. Detailed monitoring and construction standards; EXHIBIT] -A FWCC - Envireameatally SeRsiti'le A1'eas Critical Areas Page 3 ii. Designation of a person on site during operating hours who is responsible for supervising the use, storage, and handling of hazardous materials, and who has appropriate knowledge and training to take mitigating actions necessary in the event of a fire or spill; iii. Hazardous material storage, dispensing, refueling areas, and use and handling areas shall be provided with secondary containment adequate to contain the maximum release from the largest volume container of hazardous substances stored at the construction site; iv. Practices and procedures to ensure that hazardous materials left on site when the site is unsupervised are inaccessible to the public. Locked storage sheds, locked fencing, locked fuel tanks on construction vehicles, or other techniques may be used to preclude access; v. Practices and procedures to ensure that construction vehicles and stationary equipment that are found to be leaking fuel. hydraulic fluid, and/or other hazardous materials will be removed immediately, or repaired on site immediately. The vehicle or equipment may be repaired in place, provided the leakage is completely contained; vi. Practices and procedures to ensure that storage and dispensing of flammable and combustible liquids from tanks, containers, and tank trucks into the fuel and fluid reservoirs of construction vehicles or stationary equipment on the construction site are in accordance with the International Fire Code; and vii. Practices and procedures, and/or onsite materials adequate to ensure the immediate containment and cleanup of any release of hazardous substances stored at the construction site. On site clean up materials may suffice for smaller spills, whereas cleanup of larger spills may require a subcontract with a qualified cleanup contractor. Releases shall immediately be contained, cleaned up, and reported if required according to state requirements. (2) Any new or existing use applying for a development pemHt activity, or division ofland which requires review under Chapter 18, Environmental Protection within an wen head capture zones (1,2, and 3), which involves storing, handling, treating, using, producing, recycling, or disposing of hazardous materials, or other deleterious substances, meeting the definition of FWCC 22-1 shall comply with the following standards: (a) Fleet and automotive service station fueling, equipment maintenance, and vehicle washing areas shall have a containment system for collecting and treating all runoff from such areas and preventing release of fuels, oils, lubricants, and other automotive fluids into the soiL surface water, or groundwater. Appropriate emergency response equipment shall be kept on site during the transfer, handling, treatment, use, production, recycling, or disposal of hazardous materials or other deleterious substances. (b) Secondary containment or equivalent best management practices, as approyed by the Director of Community Development Services, shall be required at loading and unloading areas that store, handle, treat, use, produce, recycle, or dispose of hazardous materials, or other deleterious substances, in aggregate quantitiesequaLtoor greater than 20 gallons liquid or 200 pounds solid meetîngthe definition of FWCC 22-1. (c) Fill material shall not contain concentration of contaminants that exceed cleanup standards for soil as specified in the Model Toxics Control Act CMTCA). An Imported Fill Source Statement is required for all projects where more than 100 cubic yards of fill will be imported to a site. The city may require analytical results to demonstrate that fill materials do not exceed cleanup standards. The Imported Fill Source Statement shall include: i. Source location of imported fill; ii. Previous land uses of the source location: and iii. Whether or not fill to be imported is native, undisturbed soil. Cd) All development or redevelopment shall implement best management practices (BMPs) for water quality and quantity, as approved by the Director of Community Development Services. Such practices include biofiltration swales and use of oil-water separators, BMPs appropriate to the particular use proposed, cluster development. and limited impervious surfaces. EXHIBIT I-A FWCC - ERviraHmeRtally SeRsitive I\reas Critical Areas Page 4 22-1375.1 Use of pesticides, herbicides, and fertilizers in critical aquifer recharl!e areas and wellhead protection areas. (1) ResÜi€m.tial ä8@. .^cp~IÍ¡Jati€Jß €If h€Jä8@h€Jld f)@8tieid@s, h@l'.@ÙÚd@s, Im.d fcftiliz@rs snaIl ß€Jt e¡:geed tim@8, l'at@s, 88ß@@ntratÏ€ms, and l88ati8n8 sp@8iti8d 8n th@ pa@l:aRing. (2) Other MSgS. Proposed dcyc]opments with maintaincdJ¡¡]ldscapcd ar~;'lS greater than 10,000 square feet in area which requires review under Chapter 18. Environmental Protection shall prepare an Operations and Management Manua] using Best Management Practices (BMPs) and Integrated Pest Management (IMP) for fertilizer and pesticidelherbicide applications. The BMPs shall include recommendations on the quantity, timing, and type of fertilizers applied to lawns and gardens to protect groundwater quality. 1:\2004 Code Amendments\Welihead Protection\City Council\Exhibit A to Adoption Ordinance\Exhibit I-A Environmentally Sensitive Areas.docll 0/26/20045: J 8 PM EXHIBIT I-A FWCC - ER'iireRmeRtally SeRsiti\'e Areas Critical Areas Page 5 ~ CITY OF ~ Federal Way MEMORANDUM October 1 1, 2004 VIA: Jack Dovey, Chair Land Use/Transportation Committee (LUTe) David Mo~~'jI~nage' Kathy McClung, Director of Community De\éelopment Services Margaret H. Clark, AICP, Senior Planner ~ Janet Shull, AICP, Planning Consultant \UÅ<- W.:Jg, i~J'" '- V . To: FROM: '. - SUBJECf: Follow-up to October 4,2004, LUTC Meeting Amendments to Federal Way City Code (FWCC) Chapters 22 and 18 Critical Aquifer Recharge Areas and Wellhead Protection Areas, File #04-102618-00-UP MEETING DATE: October 18, 2004 1. BACKGROUND Staff presented proposed amendments to FWCC Chapter 22, related to Wellhead Protection and Critical Aquifer Recharge Areas (CARAs) on October 4,2004. The LUTC asked staff to research and follow up on a number of concerns and/or questions and bring them back to the October 18, 2004, LUTC meeting. The LUTC questions and the staff responses are contained in Section II of this staff report. II. REQUEST FOR ADDITIONAL FOLLOW-UP BY THE LUTC 'The'LUTC had a number of questions regarding how the Lakehaven Utility District, Federal Way Fire Department, and City of Federal Way would coordinate on the regulation -of businesses that handle or store hazardous materials. 1) The LUTC requested that a representative from Lakehaven and Fire attend the October 18, 2004, LUTC meeting. Staffhas invited Stan French, Water QualitylProduction Engineer with the Lakehaven Utility District, and a representative from the Federal Way Fire Department to attend the next meeting. 2) What is the degree of cooperation that occurs or can occur between these agencies? The LUTC was concerned that business owners handling hazardous materials would have to fill out duplicate checklists or survey forms from three different agencies. They inquired whether a standard checklist could be utilized. . The following table summarizes how the roles and responsibilities of the Lakehaven Utility District, City of Federal Way, and Federal Way Fire Department would relate to each other in regard to Wellhead Protection and protection of Critical Aquifer Recharge Areas. Critical Aquifer Recharge and Wellhead Protection Areas, File #04-IO2618-O0-UP Page I TABLE 1 Agency Lakehaven Utility District City of Federal Way City of Federal Way City of Federal Way Public Federal Way Fire Planning Division Building Division Works Department Surface Department Water Management Division State Mandate Lakehaven Utility District (LUD) The City of Federal Way is None INone None is a Group A public water system required under the Growth (public water systems that serve Management Act to adopt 25 or more persons or 15 or more regulations to protect critical connections) and is therefore aquifer recharge areas. mandated under federal and state law to implement a Wellhead Critical Aquifer Recharge Protection Program, Areas are the same as Wellhead Protection Areas. Authority Lakehaven Utility District has no The City of Federal Way can No specific regulatory No specific regulatory No specific regulatory regulatory authority. regulate development within authority related to authority related to Wellhead authority related to Wellhead Protection Areas/ Wellhead Protection Protection or protection of Wellhead Protection or Critical Aquifer Recharge or protection of Critical Aquifer Recharge protection of Critical Areas through their Critical Aquifer Areas. Aquifer Recharge development review process. Recharge Areas. Areas. Role Maps Wellhead Protection Zones Reviews and permits all Reviews and approves The Surface Water Conducts yearly applications to develop land all building permits Management Division reviews inspections of all Updates an inventory every two and to expand or change all development and commercial uses j years. This inventory ranks existing uses. redevelopment for impacts to parcels within the Wellhead ground water quality. It also Protection Area according to their responds to any problems land use, location within the I associated with illegal well's capture zones, and possible dischar;ge to groundwater. susceptibility to contamination. How Can Agency review can be coordinated through the City's Development Review Committee process. All development of land, including new uses, Agency Review expansion of existing uses, and change of one use to a 'different use must be reviewed by an interdisciplinary team, consisting of representatives from be Coordinated? the City's Planning, Building, Surface Water Management Divisions, and the Lakehaven Utility District and Fire Department. All new uses, expansion of existing uses, or change of uses would be required to fill out a Hazardous Materials Checklist, similar to that shown as Exhibit 1. This is a new checklist that Lakehaven has just created to be utilized in its biennial survey. Critical Aquifer Recharge and Wellhead Protection Areas October II, 2004, LUTC Memorandum File #04-102618-00-UP Page 2 Role of the Lakehaven Utility District The Lakehaven Utility District (LUD) provides water and sewer to the City of Federal Way. The LUC operates 16 wells within the-City that serve all of Federal Way'sresidents and businesses, with the exception of some users who are served by private wells. Lakehaven's role in Wellhead Protection is to map the Wellhead Protection Areas (WHPA)/CARAs. In order to protectthe drinking water supply and to comply with state requirements, LUD has identified all parcels of land located within the WHP A. In accordance with the Washington Administrative Code (WAC 246-290), LUD is required to update this program every two years. As a part of the update, they perform a susceptibility analysis of parcels found within the groundwater "capture zones" that provide drinking water to customers. They use this information to identify parcels that store, generate, or handle hazardous materials that have a potential (if not maintained properly) to harm the public drinking water supply provided by these wells. As part of this update, they send a questionnaire (Exhibit 1)1 to all businesses'within tht: capture zones requesting informatiún about activities that mayor may not be occurring on the parcel of land (they are particularly interested in the handling, storing and containment practices of chemicals or other hazardous materials). They also send a letter to the owners-on-record for the parcels identified. This inventory identifies whether the users are considered High, Medium, or Low Risk in relationship to pollution of the Wellhead Protection Zone. Examples of High Risk Parcels include gas stations, car repair shops, dry cleaners, buildings with hydraulic lifts, or businesses which use or store large amounts of chemicals or solvents. Examples of Medium Risk Parcels include commercial properties that could potentially have a future tenant storing or using hazardous substances, or long-term parking for large machinery or trucks. Low Risk Parcels consist of land uses that have been identified as posing a low risk to the groundwater should a leak or spill of hazardous materials occur onsite. These parcels are primarily residential properties and vacant land. LUD then sends a notification letter to high-risk businesses indicating that the property has been listed as a High Risk Parcel for the wellhead protection program update, and encourages property owners and tenants to responsibly oversee operations on the parcel. How would the City's new regulations work? The City is required by the Growth Management Act (GMA) to adopt regulations to protect CARAs. If adopted by the City Council, regulations to protect Critical Aquifer Recharge Areas and Wellhead Protection Areas would be implemented as part of the City's State Environmental Policy Act (SEPA) review. This means that any application to develop land and to expand or change existing uses located within a designated Wellhead Protection and Critical Aquifer Recharge Area would be subject to these regulations. The following is a summary of how the proposed Wellhead Protection and Critical Aquifer Recharge Area regulations would be implemented: 1. Every application for a land use permit for property located within a Wellhead Protection/ Critical Aquifer Recharge Area will be required to fill out a Hazardous Materials Checklist. 2. This checklist, along with the land use application, will be reviewed by the members of the Development Review Committee, which will make the following detennination: I This is a new questionnaire that will be used by the Lakehaven Utility District for this year's (2004) update. Critical Aquifer Recharge and Wellhead Protection Areas, October 11,2004, LUTC Memorandum File #04-102618-O0-UP Page 3 (a) No hazardous materials are involved. (b) Hazardous materials are involved; however, existing laws already adequately mitigate any potential impacts. (c) Hazardous materials are involved and a Hydrogeologic C_ritical Area Assessment Report . must b'é" prepared. The report would identify additional mitigation meaSLKes required to contain a spill. Role of the Federal Way Fire Department As shown in Table I above, the Fire Department is part of the Development Review Committee responsible for reviewing all development within the City. However, the Fire Department also has a role in inspecting existing businesses for compliance with the Fire Code. Over the course of every year, the Fire Department visits every business within the City and conducts an inspection relate.<! to the prevention, control and mitigation of dangerous conditions. This involves inspecting btIsinesses Telated to their storage, dispensing, use, and handling of hazardous materials. This Îunctiûhisnot specifically related to prQtection of Wellheads or Critical Aquifer Recharge Areas. The Fire Department's role is one of on-going inspection and maintenance. The Fire Department does not have a checklist that lists quantities of each hazardous material because they inspect for over 3,000 different chemicals, each with different thresholds. In general, Federal Way does not have a large manufacturing base, so there are not that many materials being stored. The following is a list of the more common hazardous materials found in the City. Table II Chemical Names Description Common UsesfUsers I. Paint, Solvent Flammable and combustible liquid Vehicle repair and painting operations 2. Gasoline Flammable liquid. Typically stored Vehicle service stations and dispensed 3. Acetylene An unstable, reactive flammable gas Metal cutting and welding 4. Liquid Propane Gas Used for storing, dispensing Welding and soldering 5. Chlorine Gas Oxidizer, corrosive, and toxic Water treatment 6. Calcium Hypochlorite Oxidizer and corrosive Pool chemicál 7. Sodium Hypochlorite Corrosive Pool chemical 8. Trichloroenthene Toxic carcinogenics Dry cleaning Tetrachloroethene The adoption of a Wellhead Protection/Critical Aquifer Recharge Area program would assist in the Fire Department yearly inspection program by identifying new businesses that are using, storing, or transporting haplrdous materials. Critical Aquifer Recharge and Wellhead Protection Areas, October 11,2004, LUTC Memorandum File #04-102618-O0-UP Page 4 Summary In summary, the adoption of Wellhead Protection/Critical Aquifer Recharge Area regulations by the City will not result in duplication. The Lakehaven Utility District provides water to all - residents within the City, and is required by law to adopt a Wellhead Protection Program. The District does not have any regulatory authority. The District delineates and maps Wellhead Protection zones, which are equivalent to Critical Aquifer Recharge Areas. The City of Federal Way, through its permitting process, would ensure protection of the drinking water supply through documenting compliance with existing state laws, or in some circumstances, requiring additional compliance identified through special studies. Not every business located within Wellhead Protection Areas would be required to prepare a special study. This will be determined through a completed Hazardous Materials Checklist, similar to that currently used by the Lakehaven Utility District (Exhibit 1), which the applicant would fill out. The Development Review Committee, which includes the City, Lakehaven, and the Fire Department, would review this checklist. Lastly, the role of the Fire Department would be to ensure that both new and existing businesses continue to comply with the regulations. 3) The LUTC would like the hazardous materials broken down by type and quantity. Based on information from the Fire Department, there are over 3,000 types of hazardous materials that can be utilized by businesses. Some materials are hazardous only if stored or used incorrectly. The Lakehaven,Utility District, in Exhibit I, has attempted to summarize these potentially hazardous materials. Based on information from both the Fire Department and Lakehaven, Lakehaven's list of potentially hazardous materials covers all those materials regulated by the Fire Department. However, the Fire Departme~t breaks down those listed by Lakehaven into specific chemical types for enforcement purposes. Therefore, it is not possible to have a useable checklist for the public that includes a detailed list of every hazardous material by critical quantity, i.e., a threshold that identifies at what quantity a specific hazardous material could contaminate the groundwater. As discussed above under Summary, the process of a tiered review will help to identify businesses that have a high risk of contaminating the wellhead protection areas and will also identify those businesses that may already comply with City regulations by virtue of having to comply with state regulations. 4) The LUTC would like to know how private wells are regulated. How would these regulations interface with Wellhead Protection? The City does not presently regulate the construction of private wells. Pursuant to WAC 173- 160, the Department of Ecology regulates the construction and decommissioning of all wells in the State of Washington. The well operator who constructs the well, the property owner, and the water well contractor are responsible and liable to take the necessary measures to guard against waste and contamination of the groundwater resources. They are also responsible for notifying the Department of Ecology of their intent to begin construction, alteration, or decommissioning of a well by filling out a notice of intent 72 hours prior to the work. Although the City does not regulate the construction of private wells, Section 22-1223 of the Federal Way City Code, Chapter 22, Article XIV, "Environmentally Sensitive Areas," requires a 10O-foot separation around all wellheads, whether public or private. This would prohibit any construction within 100 Critical Aquifer Recharge and Wellhead Protection Areas, October 11,2004, LUTC Memorandum File #04-1 026 1 8-OO-UP Page 5 feet of a private well. In addition, the King County Board of Health, Title 12, Section 12.24.0 1 0, and WAC 173-160-020 and 173-160-205 require that the property owner sign a Protective Covenant which prohibits potential sources of contamination within a horizontal distance of not less than 100 feet of the well. Exhibit 3 shows all known location of private wells based on infonnation from Lakehaven.Staff_also checked with the Department of Ecology; however, their information was not specific to location, but was by Section, Township, and Range. Neither the City nor the local health department regulates the drilling ånd location of private wells; however, the separation around private wells is enforced by the City of Federal Way and the health department, when the well's location is known. As presently proposed, the Wellhead Protection and Critical Aquifer Recharge Ordinance would not govern private wells. 5) What is the effect if a jurisdiction does not adopt Critical Aq uifer Recharge Areas! Wellhead Protection Regulations by the statutory deadline of December 1, 2004? State law requires King County and all of its cities to revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of the Growth Management Act (GMA) by December 1, 2004. Adoption of a Critical Aquifer Recharge Area/Wellhead Protection Ordinance is a requirement under GMA. If ajurisdiction does not meet this deadline, it would be listed in the state's Office of Community Development's (OCD) (the agency that administers the GMA) database as not in compliance with the GMA Update requirements and would be vulnerable to a "failure to act" determination by the growth management hearings board. It would also not be eligible to apply for funding from the Public Works Trust Fund or from the Centennial Clean Water Fund. Other state funding agencies would also consider its non-compliance status in making decisions on whether to provide funding to that jurisdiction. "Fail,!re to act" appeals to the growth management hearings boards are open-ended; they may be filed at any time following the statutory deadline. III. LAND UsEffRANSPORTATION COMMlTTEE OPTIONS/STAFF RECOMMENDATION The Committee has the following options: I. Recommend that the full Council adopt an ordinance approving the proposed code amendments as recommended by the Planning Commission, and the additional changes related to nonconformance proposed by staff. (These changes are shown in Section IlL 1 and IV of the October 4, 2004, Staff Report.) 2. Recommend that the full Council modify and then approve the proposed code amendments. 3. Recommend that the full Council disapprove the proposed code amendments. Staff recommends that the LUTC recommend to the full Council Option No.1 above, that is, adoption of the Planning Commission's recommendations and the additional staff changes. Critical Aquifer Recharge and Wellhead Protection Areas, October 11,2004, LUTC Memorandum File #O4-102618-OO-UP Page 6 VI. LAND USE(fRANSPORT A nON COMMITTEE RECOMMENDA nON The LUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by Planning Commission, including the additional staff changes. vi As recommended by Planning Commission, including the additional staff changes, and as amended by the LUTe. APPROV AL OF COMMITTEE ACTION: /2< LIST OF EXHIBITS Exhibit 1 Exhibit 2 Exhibit 3 Lakehaven Utility District Hazardous,Materials Questionnãlre List of Critical Materials Activity from Lakehaven Utility District Location of Private Wells from Lakehaven Utility District 1:\2004 Code Amendments\ WeUhead Protectim\WTOREVISIONS TO LUTOIO [804 Staff Report to LUTc.docll 0/1112004 8:59 AM Critical Aquifer Recharge and Wellhead Protection Areas, October 11,2004, LUTC Memorandum File #04-102618-OO-UP Page 7 ~.,.. .. .-..-.-. -..-..-.,.-Îk...:...-..,--, . .::--:';,j ': - '. . 8~'1 ~11L11Y OlS~ HAZARDOUS MATERIALS QUESTIONNAIRE WELLHEAD PROTECTION PROGRAM - -~ - Lakehaven Utility District réquests all business or facilities operating within a delineated "Wellhead Protection Area" complete and submit this Hazardous Materials Questionnaire. Please return this Questionnaire addressed to: Lakeltavell Utility District Wellhead Protection Program P.O. Box 4249 Federal Way, WA 98063-4249 SECTION I Please provide the following information: Phone numbers, description of your business activity and operator information- Please provide the contact information for the person responsible for filling out this form if different from the business owner. After completing Section I, complete Sections II , III, & IV Business Name: Today's Date: Description of Business Activity: Business Owner's Name: Phone: ( ) Business Address: SuitelBldg.# City: I State: Zip: Business Representative/Contact Name: Contact address if different from above: - Contact Phone: ( ) I Fax: ( ) E-Mail: SECTION II Provide the approximate quantity of all of the following types of hazardous materials or deleterious substances that are or will be stored, handled, treated, used, produced, recycled, or disposed of at your business or facility. If you do not use any of the types or quantities of materials listed below proceed to Section III. MATERAIL LIQUID (gallons) SOLID (pounds) (1) Acid or basic solutions or solids (2) Antifreeze or coolants (3) Bleaches, peroxides, detergents, surfactants, disinfectants, bactericides, algaecides H:\Projects\ Wellhead Protection Program\2004\Questionnaire\SAF EXH \ B \T - ..)I¡;~ PAGEi SECTION II Continued.... MATERAIL LIQUID (gallons) SOLID (pounds) (4) Brake, transmission, hydraulic fluids - (5) Brine solutions (6) Corrosion or rust prevention solutions '(7fCutting fluids -- (8) Deicing materials (9) Dry cleaning or cleaning solvents (10) Electroplating or metal finishing solutions (11) Engraving or etching solutions (12) Explosives .-- (13) Fertilizers (14) Food or animal processing wastes (15) Formaldehyde (16) Fuels, additives, oils, greases (17) Glues, adhesives, or resins (18) Inks, printing, or photocopying chemicals (19) Laboratory chemicals, reagents or standards (20) Medical, hospital, pharmaceutical, dental, or veterinary fluids or wastes (21) Metals (hazardous e.g. arsenic, copper, chromium, lead, mercury, silver, etc.) (22) Paints, pigments, dyes, stains, varnish, - sealers~ (23) Pesticides, herbicides or poisons (24) Plastic resins, plasticizers, or catalysts (25) Photo development chemicals (26) Radioactiye sources (27) Refrigerants, cooling water (contact) (28) Sludges, still bottoms (29) Solvents, thinners, paint removers or strippers (30) Tanning (leather) chemicals (31) Transformer, capacitor oils/fluids, PCB's (32) Waste Oil (33) Wood preservatives (34) List OTHER hazardous materials or deleterious substances on a separate sheet. EXHIBIT_- -" H:\Projects\Wellhead Protection Program\2004\Questionnaire\SAF P AGE 2. ~..J E ry #2. SECTION III Check box # I if you do notStore, handle, treat, use, produce, recycle, or dispose of any of the types and quantities of hazardous material or deleterious substance listed in Section II, proceed to Section IV. Check box(s) #2 - #5, if they apply to your facility or activity. You must complete Section IV, si!!n and return the completed Questionnaire. - . #1 [ I My business or facility does not store, handle, treat, use, produce, recycle, or dispose of any of the types and quantities of hazardous materials or deleterious substances listed above. - #2 [ I Fuel tanks for our building heating system has a capacity of less than one thousand one hundred (1, 100) gallons and exists for consumptive use on the parcel. Please check one: Buried tank [ I Above ground tank [ I #3 [ I Petroleum products are stored in a vehicle or equipment fuel tanks. Storage within wholesale and retail facilities of hazardous materials or other #4 [ I deleterious substances are for sale in original containers with a capacity of less than or equal to five (5) gallons liquid or one hundred (100) pounds solid. The pr~sence of chemical substances on this parcel is for "temporary" non- #5 [ I routine maintenance or repair of the facility (such as paints and paint thinners) and are in individual containers not exceeding five (5) gallons liquid or one hundred (100) pounds solid. . SECTION IV Check an of the foUowin items that currently exist or will be installed in the future at our business or facili . #1 [ Stormwater infiltration system (e.g., french drain, dry well, stormwater swale, etc. Underground storage tank, hydraulic lifts or elevator, chemical systems or other machine that uses hazardous materials. Cathodic rotection wells Water wells, monitorin wells, resource rotection wells, iezometers Leak detection devices, training for employees for use of hazardous materials, self-contained machine, etc. #2 [ #3 [ #4 [ #5 [ Please sigll this Questiollllaire alld retum it withill the Ilext 30 days Of receipt usillg tlte ell closed ellvelope or tlte retum address Oil tlte frollt of the Questioll1taire. I certify under penalty of law that the above information is true and correct to the best of my knowledge. Signature Date Printed Name Title H:\Project1>\ Wellhead Protection Program\2004\Questionnaire\SAF EXHIBIT- . I PAGEJ.-. _)\;AGF.~ Critical Quantity Reference Kg 1,000 Ib 323 1 300 Ib 96.9 1 50 la 16.2 1 50 Ib 16.2 1 2 la 0.646 1 13.4 Iia 4.33 1 10 la 3.23 1 50 la 16.2 1 500 VI 162 1 13.4 II a 4.33 1 5,000 Ib 1,615 4 400 Iia 129 7 15,000 lIa 4,845 4 0.0072 Iia 0.002 4 100 IV 32.3 4 100 Iv 32.3 - ,.. 4,9 1.1 lIa 0.355 4,9 1.1 Iia 0.355 4 1,100 IV 355 50 IV 16.1 6 0.3 Iia 0.096 9 0.064 lIa 0.020 9 0.160 Iia 0.051 9 49 lIa 15.8 9 200 lIa 1,680 2 5 la 1.62 2 la 32.3 11 UI 32.3 11 III 323 4,10 Ib 323 4,10 Ib 323 4,10 323 4 0.323 Classification codes should be assumed to have critj materials on site unless the proponent provides assurance otherwise. Chemicals in addition to thos( listed be found on some sites. In some cases SIC Co< other than those listed may be associated with a ger category. S;1Lt<~; ~ ID DOE No. Substance Name Designation 1017 Copper salts, N EC 1018 Iron salts, NEC 1019 Lead salts, NEC 1020 Manganese salts, NEC 1021 Mereu ry salts, N EC 1022 Nickel salts, NEC 1023 Selenium salts, NEC 1024 Silver salts, N EC I 1025 Sodium salts, NEC II 1026 Thallium salts, NEC ~ . 1027 Zinc salts, NEC f ,I 0001' 2,4-Dimethylphenol ~ \ 0002 Bis-(2-ethylhexyl) phthalate t: ¡, 0003 1 ,2,4-Trichlorobenzene 0004 Ethyl benzene i: 0005 Isopropyl benzene 0006 2,4-Dinitrotoluene 0007 2,6-Dinitrotoluene ¡ 0008 m-Xylene 0009 Styrene 0010 Bis (2-chloroethyl) ethe 00'11 N-Nitroso-di-N-butyl ine 0012 N-Nitrosopyrrolidin ¡ 0013 N-Nitrosodipheny' mine 'I ! 0014 Isophorone 0015 Toxaphene 0016 Methoxychl 0017 Ethylene col 0018 Isopropy' alcohol 0019 Oil an rease 0020 Gasp. ne 0021 Die el (Fuel Oil) 0022 P enols,.NEC Critical Materials Activity List. The following types of business activity have been found to use, handle or store critical materials. For the purposes of administering this ordinance, proposed activities fitting one of the general business descriptions provided or ha ving one of the specified Standard Industrial Critical Materials Activity Type of Business SIC Codes Possible Critical Materials Agricultural Chemical Warehousing and Distribution 5191 2873 2874 2875 2879 Ammonium Nitrate Sulfate Chloride Pesticides and herbicides Critical Quantity 1,600 Ib as NH4NO3 370 Ib as NH4NO3 3,000 Ib as (NH4)2S04 1,200 Ib as KCI 3353 ., EXHIBIT~. 2. PAGE , JF .3 Aluminum Rolling Mills Hydrocarbon solvents Methyl ethyl ketone 1,1,1-Triehloroethane Gasoline and Diesel fuels 232 110 gal 105 gal 70 gal 110 gal t ;51 --j/ " } . . Critical Materials List (cont'd.) Type of Business SIC Codes Possible Critical Materials Aluminum Rolling Mills (cont'd.) Aluminum Reduction Building Materials Production Chemical Manufacturing 3334 3341 2435 2436 2439 2491 2492 2813 2816 2819 Chloride salts - Chromium salts Fluoride salts Chromium salts Gasoline and Diesel fuels Fluoride and Cyanide wastes Pentachlorophenol Copper salts Chromium salts Phenolic resin glue Caustic soda All types of chemicals may be on site Critical Quantity 1,00 OlbasNaCI 90 Ib as Na2Cr207 300 Ib as AIFj- 90 Ib as Na2Cr207 110 gal 70 gal 5% soln. 90 Ib as CuSO4 90 Ib as NaCr207 15tb based on formaldehyde 850lb Chemical Warehousing and Distribution 5161 Cleaning Supplies, 2841 Manufacturing and Distribution 2869 5087 5161 All types of chemicals may be on site Isopropyl alcohol Chlorinated phenols Dibutylphthalate- 110 gal 20lbs 3000 gal Dry Cleaning Establishments Educational Institutions Electrical and Electronic Products Manufacturing 3993 Electroplating Operations Foundries Furniture Refinishing 7215 7217 8221 8222 3612 3641 3662 3674 3677 3679 3825 3993 3471 3321 3322 3325 3361 3362 3369 7641 Trichloroethene Tetrachloroethene Hydrocarbon solvents All chemicals may be present present in laboratory quantities Metal salts (Cu, Ni, Zn) Cyanide Methylene chloride 1,1,1-Trichloroethane Acetone Methyl ethyl ketone Formaldehyde Metal salts (Cr, Cu, Ni & Zn) Cyanide Sodium Phosphate Trichloroethene Tetrachloroethene Xylene Other solvents Metal salts (Cr, Cu, Ni & Zn) Cyanide Trichloroethene Isopropyl alcohol Caustic soda cleaning soln. Methylene chloride Acetone Hydrocarbon solvents Paint related products 2.5 gal 2.0 gal 110 gal 90lb 150 gal 10% NaCN soln. 10 gal 70 gal 60 gal 105.gal 1 gal 90lb 150 gal 10% NaCN soln. 300 gal 30% soln. 2.5 gal 2.0 gal 110 gal 110 gal 90lb 1251bs as NaCN 2.5 gal 11 0 gal 250 gal 35% soln. 10 gal 60 gal 110 gal Medical Facilities 1 gal If\.. ~. , .j. 0742 8062 8069 8071 EXHIBIT__~__-2. PAGE 2. DE 1 Mono and Polycyclic Aromatic Hydrocarbons Prescription drugs Biological contaminants 233 Critical Materials List (cont'd.) Type of Business Paint Manufacturing and Wholesale Distribution Paint Shops Petroleum Products Production and Storage: Bulk Distribution of Petroleum Products I ; ! : SIC Codes Possible Critical Materials 2816 2865 5198 7535 2992 5171 5172 Metal salts (Cr, Pb, Sb & Zn) Phthalate esters Methylene chloride Methyl ethyl ketone Ethylene glycol Hydrocarbon solvents Hydrocarboñ solvents Xylene Methylene chloride Gasoline Diesel fuel and Heating oil Lubricating oils Ethylene glycol Methyl alcohol Critical Quantity 90lb 10 gal 105 gal 7.5 gal 110 gal 110 gal 110 gal 10 gal 110 gal 110gal 110 gal /.5 gal 60 gal Photo Processing ¡ ,I ; ; i Printing Establishments .J ;1 I; I I : 7333 7395 2711 2751 2752 2761 Silver salts Phenols Cyanide Aromatic Hydrocarbons Silver salts Aromatic Hydrocarbons Phenols Cyanides Tetrachloroethene Hydrocarbon solvents 50 Ibs as AgNO3 10lbs 1251bs as NaCN 110 gal 50 Ibs as AgNO3 110 gal 10lbs - 1251bs as NaCN 2.0 gal 110 gal Gasoline Distribution ;jl . I , , ¡ i \ :1 fl: I Metal Fabrication Secondary Metals Refining Seed Cleaning and Treating . \ I Solvent Recycling r Trucking Companies 5541 3441 3442 3443 3444 3341 721 2911 4171 4172 4231 - Gasoline Diesel fuel Lubricating oils Ethylene glycol Methyl alcohol Metal salts (Cr, Cu, Ni & Zn) 110 gal 110 gal 110 gal 7.5 gal 60 gal 90lb 250 gal 155 gal 150 gal 110 gal 110 gal 250 gal 35% soln. 300 gal 30% solo. 600lb 90lb 1000 Ibs as NaCI 3000 Ibs as (NH4)2S04 1 gal 70 gal 2.5 gal 2.0 gal 110 gal 110 gal 7.5 gal 250 gal 35% soln. 234 Caustic cleaning solutions Hydrochloric acid Sulfuric acid Hydrocarbon solvents Xylene Caustic soda Sodium phosphate Sodium hydroxide Metal salts (AI, Cr, Zn) Chloride Sulfate Hexachlorobenzene Other pesticides 1,1,1-Trichloroethane Trichloroethene Tetrachloroethene Gasoline and Diesel Hydrocarbon solvents Ethylene glycol Caustic soda cleaning soln. EXHIBIT__- z. PAGE-3--.)FJ ,', '( " , " " fi~lrf!::;: ; iifJ ..'," -'-' "- .~ ": ' ".;. " :~;; "~ ,,~;,' " ;1 , c;:!J\o ::I: ,0 Á ,À "J) ,0 ~ '~,'::";¡;,~--- ",","," -0' m ~~:):~, '>" I ~::jr"'~\» X "",,' ... 1""\ I :::if,;",.', ',', ~ J ;.y:::;?{,~~, ,m - ",','f",'"",,'~,',:;J,,C',',':",'~' ,,/,", ,'", OJ ~f~;~"#.?~:'<; ..<,'. - :."1"';(,,,' " ." ~' -:-1 ~$~~;;~>~~":- *,~,;y,',',""',',:':~,.'-.:.;'1~~i,TI,,":""'.:.~"~~ ~:~f\~ :': '/ ,v.J "'", ~¿~ ' ;" '~ >, ,".' ' ¡;¿. \\ {~~;>,: ' ('.)~,'" ~\\" ,',,""'" r.t>.. ," v' \{~\"" ~'--, ' "-'" ¡ i I ~ . r-~-- -~ / "::-~j J ! / / / '/""" ~ .' r-é. . \J :I: . \. ~, . ~. G .. . . it ",,0 o'~"I.?-O ' \ .:¡;.Q, :f" <I) 0' I w' >' ~, "C)o ' ;§' d . . , '---- 'ì \ "" ". , , . .'SW320th ST. ~; . ~¡ ~! -, "', Ñ: ~ 0 0 (J)' >- > :ï:' u, ü:' ü; it! r7 $¥V 336th ST I ' S 336th ST, ~' <I), /J 0 '" 5' ~, "ï Ñ' ",S348th ST ~I D > ~, <;;, ,~. . . SW 356th ST . . t ~ ú' ç::, (j:' «'{ J It) -> ~' \ ¡...;, , g \ ,,%,: ': íJ ) ~ j~-" . '" -/ c:J S 312th ST S 320th 11 /-- I / c, tf >- cr; t: ..J, ~ \ \ i , I I I I I , /1 ¡~;- -1 q '--' I d ) f , :"-1 \...-.1 ,..J ,~ -' ,I' I ,~~' " /J -~ p! cv: ¡j (] CJ . ('. :,\ ~¡ \ ì v . . . Private Well Locations Legend Private Vaults (wells) . . . Private well data was provided by Lakehaven Utility District in 2000. Only private wells that were known by lakehaven at the time data was aquired is included in this map. City of Federal Way P,O, Box 9718 33325 8th Ave, S Federal Way, WA 98063-9718 'N'NYV, cityoffed e ra 'way.com Map Date: October 2004, This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy, ~ federal Way 0 0,5 1 1. . Law Offices A Limited Liability Partnership Including Professional Corporations 1420 Fifth Ave. Suite 4100 Seattle. WA 98101-2338 206.223.7000 Facsimile: 206.223.7107 Website: www.lanepowell.com Anchorage. AK Olympia. WA Pocùand. OR Seattle. WA Vancouva. WA London. England LANE POWELL SPEARS LUBERSKY LLI' ~ Mark 1. Asplund (206) 223-2542 asplundm@IanepoweII.com October 18, 2004 VIA E-MAIL Ms""Margaret Clark Senior Planner City of Federal Way 33325 8th Ave. S. P. O. Box 9718 Federal Way, W A 98063-9718 Re: Critical Aquifer Rechart!e Areas/Wellhead Protection Areas Code Amendment Dear Ms. Clark: We represent commercial and industrial interests with operations or facilities in the City of Federal Way. With regard to the proposed revisions to Chapter~22, Article XIV, Division 9, which establishes and regulates activities in Critical Aquifer Recharge and Wellhead Protection Areas (the "Wellhead Regulations"), our clients have asked us to submit brief comments regarding the latest version of the proposed Wellhead Regulations, to ensure that they make the necessary distinction between new and existing/ongoing uses and operations. It is our understanding, from discussions with you and other staff, that the City has never intended the proposed Wellhead Regulations to apply to existing commercial or industrial operations in Federal Way, except where such businesses make a major physical change or modification to its operations that independently would necessitate a new, development-specific pennit. For existing operations, none of the requirements of the Wellhead Regulations, or various other amended references to the Critical Aquifer Recharge and Wellhead Protection Areas, are meant to apply to existing businesses or uses (including but not limited to the regulatory requirements under 22-13 74). The current draft of the Wellhead Regulation still contains potentially ambiguous language about applicability of the Wellhead Regulations to existing land uses and business operations. We request that the City consider additional revisions to the draft language to address these ambiguities. The remainder of this letter discusses those potential ambiguities. ------------ " Ms. Margaret Clark October 18, 2004 Page 2 1. Subsection 22-1370, which describes the applicability of the new Division 9, states that the Wellhead Regulations regulate, "development activities and land surface modificatioI15 within designated wellhead capture zones." Unfortunately, the City's defuútion of "development activity" contained in Section 22-1 is very broadly defined to include "any work, condition or activity which requires a permit or approval under this chapter or the city's building code." To the extent ongoing operations of an existing commercial or industrial use constitute an "activity" requiring a permit or approval under Chapter 22, then they are potentially subject to the Division 9 Wellhead Regulations. In order to clarify this language, consider adding some clearly stated exemption for ongoing operations at the outset. For example, the City could use language similar to 'the final sentence of Subsection 22-1374(1) which exempts certain ongoing LUD operations: "Ongoing operation and maintenance activities of public wells by public water providers are exempt from these requirements." In fact, moving the exemption to the first section of Division 9 and expanding it to include all ongoing operation will also remove the ambiguity created by having the current "industry-specific" exemption (i.e. by exempting the LUD, does this mean other operations are not exempt? Why would the LUDne~ the exemption otherwise?) 2. Subsection 22-1372, which imposes general requirements, would be adequately clarified by the proposed revisions outlined in Item 1 above. Otherwise, these various requirements could be erroneously construed to apply to "activities" in general. There is, however, in each section some clarifying language (i.e. subsection (1) refers to an "applicant" and subsection (3) talks about "proposed activity," etc.). In addition to changing the language in 22-1370, consider adding language in 22- 1372 that clearly indicates it applies to proposed new activities or development. 3. Subsection 22-1373, which prohibits certain activities in Wellhead Capture Zones 1, has language similar to 22-1372, which could be clarified. The opening phrase "[l]and uses or activities for development" could be clarified, even though it appears to limit the scope to new development. 4. Subsection 22-1374 likewise does not clearly exempt existing uses. For example, Subsection (1), applies to "[ a]ny land uses and activities located in critical aquifer recharge areas." There is nothing to indicate that existing businesses or operations are exempt. In fact, adding a use/entity-specific exemption for LUD's "ongoing" operations potentially implies that any other existing or "ongoing" operations are not exempt and thus are subject to all of 22-1374'5 requirements. Likewise, Subsection (2) indicates that --.---- r- ., ! i ¡ ! I ¡ I ., ¡ ¡ ¡ ; ¡ ! .-------- ---- Ms. Margaret Clark October 18, 2004 Page 3 "[l]and uses and activities that involve the use, storage, transfer, or disposal of hazardous materials" must submit various reports and response plans. Nothing in this subsection indicates that the regulations apply only to new land uses and activities. We would like to see a clarification for all of 22-1374, clearly stating that it does not apply to existing businesses, since this section imposes potentially onerous reporting and planning requirements that the City itself has said are only meant to apply to new 9:~velopment. 5. Subsection 22-1375 uses language that may be appropriate for the entire Division; specifically, it purports to apply to "new or existing users] applying for a development pennit." This language effectively captures new uses while also addressing those existing uses that, by virtue of their plans to significantly expand or modify existing operations, are in effect a "new use." Consider using this language throughout. Another option would be to add a new defined tenn for "Existing Operations or Activities" and then provide the necessary exemption using the defined tenn. We appreciate the opportunity to submit comments to these new regulations. Our goal is to provide constructive comments in hopes of establishing rules that effectively and efficiently meet the needs of both the City and its business and industrial community. Please feel free to contact me with any questions or comments. Very truly yours, LANE POWELL SPEARS LUBERSKY LLP ~ Mark J. Asplund ~ MJA:mja 106666.0267/1145081.1 ~ CITY OF ~ Federal Way PLANNING COMMISSION - . RECOMMENDA TION September 24, 2004 FROM: Jack Dovey, Chair Land Use/Transportation Committee (LUTC) Da v i~anagCr Kathy McClung, Director of Community Development Services ~ Margaret H. Clark, AICP, Senior Planner (\AC- To: VIA: S UßJECT: Amendments to Federal Way City Code (FWCC) Chapters 22 and 18 Critical Aquifer Recharge Areas and Wellhead Protection Areas File #O4-102618-00-UP MEETING DATE: October 4, 2004 1. BACKGROUND The purpose of the proposed amendments is to protect Wellhead Protection Areas and Critical Aquifer Recharge Areas (CARAs). Wellhead Protection Areas are based on established times of travel, or in other words the amount of time it takes for a particle of water at the zone boundary to travel to the well site. Wellhead Protection Areas include three capture zones (one-year, five-year, and t~_n-year capture) zones, which correspond respectively to the time that it would take a contaminant to reach a well. Critical Aquifer Recharge Areas are those areas deemed necessary to provide adequate recharge and protection to aquifers used as sources of potable (drinking) water. Wellhead Protection Areas meet the definition of critical aquifer recharge areas; therefore, for purposes of the code amendments and the reports, Wellhead Protection Areas and Critical Aquifer Recharge Areas will both be referred to as CARAs. The City is required by the Growth Management Act (GMA) to adopt regulations to protect CARAs. In addition, the Lakehaven Utility District is required under federal and state law to implement a wellhead protection program. The staff report to the Planning Commission is attached as Exhibit 1. Proposed staff amendments are shown as underline (proposed additions) and strikeout (proposed deletions), with Planning Commission changes shown as double underline and 3êlt\;!l@ 8tril~ø¡j11t. The Wellhead Capture Zones Maps I, 5, and 10 are attached as Exhibits A, B, and C to Exhibit 1. II. SUMMARY OF PROPOSED AMENDMENTSIPLANNING STAFF RECOMMENDATION Regulations to protect Critical Aquifer Recharge Areas and Wellhead Protection Areas will be implemented as part of the City's State Environmental Policy Act (SEPA) review. This means that any use, unless specifically exempted, would be subject to these regulations. The following is a summary of the proposed Federal Way City Code (FWCC) amendments as presented to the Planning Commission. I. Amend FWCC Section 22-1, "Definitions": Add new definitions as necessary related to the new code language. The proposed new definitions are contained in Exhibit D of Exhibit 1. 2. Amend FWCC Chapter 22, Article IV, "Nonconformance ": Add a new section (22-340) that addresses nonconforming uses or development located in Critical Aquifer Recharge Areas and Wellhead Protection Areas (Exhibit E of Exhibit 1). Alteration or expansion of existing uses or activities that are prohibited in Wellhead Capture Zone I would be prohibited if the thresholds of Section 22-332 (Nonconforming Uses) were met. Alteration or expansion of other regulated uses in CARAs would be allowed subject to the requirements of FWCC Chapter 22, Article XIV, "Environmentally Sensitive Areas," Division 9 - Critical Aquifer Recharge Areas and Wellhead Protection Areas. 3. Amend FWCC Section 22-1223, "Environmentally Sensitive Areas ": Add,". ..subject property if it is located within a Critical Recharge Area or aI,S, or 10-year Wellhead Capture Zone" (Page 3 of Exhibit F of Exhibit 1). The recommended amendment is as follows: This article applies to the subject property if it: (1) Contains or is within 25 feet of a regulated slope; (2) Contains or is within 100 feet of a wellhead; (3) Contains or is within 100 feet of the ordinary high water mark of a major stream; (4) Contains or is within 50 feet of the ordinary high water mark of a minor stream; (5) Contains or is within 25 feet of any regulated lake; eF (6) Contains or is within 200 feet of the edge of any regulated wetland, including regulated wetlands associated with any major stream, minor stream, or regulated lake~ (7) Is located within a Critical Recharge Area or a L 5, or 10-year Wellhead Capture Zone. 4. Amend FWCC Section 22-1242, "Environmentally Sensitive Areas ": Add reference to LUD maps that show the location of the wellhead capture zones (Page 4 of Exhibit F of Exhibit 1). The recommended language is as follows: "The City hereby adopts the Lakehaven Utility District Wellhead 1, 5, and 10 Year Capture Zones Maps as now existing or amended." The well field capture zone areas may be modified from time to time based on updated information provided by the Lakehaven Utility District." 5. Amend FWCC Chapter 22, Article XIV, "Environmentally Sensitive Areas ": Add a new Division 9 - Critical Aquifer Recharge Areas Wellhead Protection Areas (Exhibit F of Exhibit 1). This new Division 9 is proposed to accomplish the following: I. 2. Identify prohibited new land uses or activities within Wellhead 1 Year Capture Zones. Establish performance standards for certain uses or activities within designated wellhead protection areas that involve hazardous materials. Amendments to FWCC, Chapters 22 and 18, Critical Aquifer Recharge and Wellhead Protection Areas File #O4-IO2618-O0-UP Planning Commission Recommendation to LUTC Page 2 6. Amend Chapter 22, Article XII/, Division 7, "Land Modifications" (Exhibit G of Exhibit 1): State that, 'The requirements of Chapter 22, Article XIV Critical Areas shall govern for fill occurring in Critical Aquifer Recharge Areas and Wellhead f>rotection Areas." 7. Amend FWCC Chapter 18 (Exhibit H): I. Housekeeping changes have been made to language in this chapter to bring it into compliance with previous changes made in Chapter 197-11 WAC (SEPA Rules) as a result of the adoption of House Bill 1724. Definitions are being added relative to the new Critical Aquifer Recharge Area and Wellhead Protection amendments. Amendments are being made to existing definitions to make them consistent with FWCC Section 22-1, "Definitions." 2. 3. III. PLANNING COMMISSION RECOMMENDATION The Planning Commission conducted a public hearing on September 1,2004. The minutes of the September 1,2004, Planning Commission are attached as Exhibit 2. After the close of the public hearing, the Planning Commission discussed the staff recommendations and recommended approval of the staff recommendation to the City Council with two requests for staff follow-up. The Planning Commission stated that proposed FWCC Sections 22-1374 (Page 20 of Exhibit F of Exhibit 1) and 22-1375.1 (Page 18 of Exhibit F of Exhibit 1), relating to regulation of single-family development needed some clarification. They also inquired whether the requirement could be implemented. The Commissioners requested that businesses that may be affected by these code amendments receive notification prior to the Land Use/Transportation Committee meeting. Response to Planning Commission's Requests: I. Any reference to the use of hazardous material by single-family uses has been deleted, because single-family uses will not be regulated and therefore, the requirement would be difficult to implement. Staff had included this language as a "Best Management Practice." The deletions to these sections are shown as a€Hlble striteêul. The changes as recommended by the Planning Cõmmission are attached as Exhibit 3 and shown as follows. 22-1374 Regulation of facilities handling and storing hazardous materials. (I) Any land uses and activities located in critical aquifer recharge areas (wellhead capture zones L 2, and 3) shall submit a Hazardous Materials Inventory Statement with a development permit application. Sin~le f.amil:,' resi€lential üses êfhazar€lêHs materials êr aeleteriøus ~Hces arc e::empt frêm this requirement, but must eønførn: tê thøse ~erfêmUlngg standards ~C 22 1375.1. In adaitiêlÞ, (JOn-going operation and maintenance activities of public wells by public water providers are exempt from these requirements. 22-1375.1 Use of pesticides, herbicides, aId fertilizers in criticà aquifer recharge areas and wellhead protection areas. (I) Residential use. .~ppligati€)n êf\HHlselwld fJestieides, herbiei€lcs, aftd krtiliærs shall Rêt e::eeea times, rat~~tH~entratiøns, ana lêeatiøns speeifieå ên the pael:a;ing. Amendments to FWCC, Chapters 22 and 18, Critical Aquifer Recharge and Wellhead Protection Areas File #04-1026 I 8-O0-UP Planning Commission Recommendation to LUTC Page 3 Other Hses. Proposed developments with maintained landscaped areas greater than 10,000 square feet in area shall prepare an Operations and Management Manual using Best Management Practices (BMPs) and Integrated Pest Management (IMP) for fertilizer and pesticide/herbicide applications. The BMPs shall include recommendations on the quantity, timing, and typè of fertilizers applied to lawns and gardens to protect groundwater quality. 2. All property owners of commercially zoned properties that are located within a Critical Aquifer Recharge Area or Wellhead Protection Zone were notified on September 22,2004 (Exhibit 4). Three property owners or their representative have called asking for a copy of the regulations. IV. ADDITIONAL CHANGES PROPOSED BY STAFF Staff has made some changes to FWCC Chapter 22, Article IV, "Nonconformance" as shown in Exhibit 5, purely for clarification purposes. The intent of the previous amendments as presented to the Planning Commission at their September I, 2004, public hearing has not changes v. LAND UsEffRANSPORT A TlON COMMITTEE OPTIONS/STAFF RECOMMENDA nON The Committee has the following options: I. Recommend that the fun Council adopt an ordinance approving the proposed code amendments as recommended by the Planning Commission and the additional changes related to Nonconformance proposed by staff. (These changes are shown in Section IlL I and IV of this Staff Report). 2. Recommend that the full Council modify and then approve the proposed code amendments. 3. Recommend that the fun Council disapprove the proposed code amendments. Staff recommends that the LUTC recommend to the full Council Option No.1 above, that is, adoption of the Planning Commission's recommendations and the additional staff changes. VI. LAND UsEffRANSPORT A nON COMMITTEE RECOMMENDA nON The LUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by Planning Commission, including the additional staff changes. As recommended by Planning Commission (including the additional staff changes) and amended by the LUTe. APPROVAL OF COMMDTEE ACTION: Jack Dovey, Chair Eric Faison, Member Michael Park, Member Amendments to FWCC, Chapters 22 and 18, Critical Aquifer Recharge and Wellhead Protection Areas File #04-1026 I 8-O0-UP Planning Commission Recommendation to LUTC Page 4 LIST OF EXHIBITS Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Staff Report for the September 1,2004, Planning Commission Meeting with Exhibits A-L Minutes of September I, 2004, Planning Commission Meeting FWCC Chapter 22, Article XlV, "Environmentally Sensitive Areas" September 22,2004, Notification of Owners of Commercial Property within CARAs/Wellhead Protection Areas FWCC Chapter 22, Article IV, "Nonconfonnance" Draft Adoption Ordinance [:\2004 Code Amendrnents\Wellhead Protection\LUTOPC Rec Staff Report to LUTCdoclO912712oo4 2:52 PM Amendments to FWCC, Chapters 22 and 18, Critical Aquifer Recharge and Wellhead Protection Areas File #04-1 026 I 8-00-UP Planning Commission Recommendation to LurC Page 5 EXHIBIT 1 STAFF REPORT FOR THE SEPTEMBER 1, 2004 PLANNING COMMISSION MEETING WITH EXHIBITS A-L ~ CITYOF~ . Federal Way .,- STAFF REPORT TO TI-IE PLANNING COMMISSION Amendments to Federal Way City Code (FWCC) Chapt<rs 22 and 18 Critical Aquifer Recharge Areas and Wellhead Protection Areas File #04-102618-00- UP Planning Commission Meeting of September 1, 2004 I. PURPOSE OF THE PROPOSED AMENDMENTS The purpose of the proposed Critical Aquifer Recharge Areas is to provide the City with a mechanism to protect Wellhead Protection Areas and those areas deemed necessary to provide adequate recharge and protection to aquifers used as sources of potable (drinking) water (Critical Aquifer Recharge Areas [CARAs]). Wellhead Protection Areas meet the definition of critical aquifer recharge areas; therefore, in this report, Wellhead Protection Areas and Critical Aquifer Recharge Areas will both be referred to as CARAs. II. BACKGROUND A. Requirements of the Growth Management Act In 1990, the Washington State Legislature adopted the Growth Management Act - Engrossed Substitute House Bill 2929, codified as Chapter 36.70A RCW (Revised Code of Washington). This statute, combined with Article II of the Washington State Constitution, mandates that local jurisdictions adopt ordinances that classify, designate, and regulate land . use in order to protect critical areas. Pursuant to RCW 36.70A.O30, "Critical Areas" are defined as wetlands, frequently flooded areas, areas with a critical recharging effect on aquifers used for potable water (aquifer recharge areas), geologically hazardous areas, and those areas necessary for fish and wildlife conservation. B. Federal Safe Drinking Water Act Section 1428 of the 1986 Amendments to the Federal Safe Drinking Water Act mandates that every state develop a wellhead protection program. The Safe Drinking Water Act requires that all federally defined public water systems (Group A systems!) using groundwater as their source implement a Wellhead Protection Program. According to the 1986 Safe Drinking I This includes all public water systems that serve 25 or more persons or 15 or more connections. Refer to WAC 246-290-020 for more details. Water Amendments, Wellhead Protection Areas (WHPAs) are defined as, "...the surface and subsurface area surrounding a well or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellfield." C. Washington State Wellhead Protection Program In Washington State, the Governor designated the Department of Health (DOH) as the lead agency for wellhead protection program development and administration. In July of 1994, the Washington Administrative Code (W AC) addressing requirements for Group A public water systems (WAC 246-290) was modified to include mandatory wellhead protection measures for all Group A water systems in the state using wells or springs as their source of supply. The Lakehaven Utility District (LUD) is a Group-A public water system, which uses groundwater as a source, and is, therefore, mandated under federal and state law to implement a wellhead protection program. D. Relationship of Critical Aquifer Recharge Area with the State Environmental Policy Act (SEPA) and Federal Way City Code (FWCC) Chapter 18 Pursuant to RCW 36.70A.030(5) and FWCC Section 18- 141, critical aquifer recharge areas are considered sensitive areas. WAC 197-11-908 states that each city or county may select certain categorical exemptions that do not apply in one or more critical areas designated in a critical areas ordinance. The City has determined that the exemptions within WAC 197-11- 800 that are inapplicable for critical areas are the following: (I) WAC 197-11-800(1), Minor new construction, flexible threshold (2) WAC 197-11-800(2)(a) through (g), Other minor new construction (3) WAC 197-11-800(6)(a), Minor land use decisions, short plat approval (4) WAC 197-11-800~, Utilities The CARAs ordinance will be implemented as part of SEP A review. III. ROLE OF LAKEHA YEN UTILITY DISTRICT In the City of Federal Way, the Lakehaven Utility District (LOD), a Group-A public water system, operates 13 wells that are located within the City limits and serve all of Federal Way's residents and businesses. In addition to these 13 wells, there are additional wells located just outside the City limits within the designated Potential Annexation Area (P AA). The LUD relies on four major aquifers: the Redondo-Milton Aquifer (RMC); Mirra- Lake Aquifer (MLA); Eastern Upland Aquifers (EUA); and Federal Way Deep Aquifer (FWDA). These aquifers underlay the majority of the City. The LUD has the primary responsibility for developing and implementing state-mandated wellhead protection program requirements. To date, LUD has completed the following state- mandated requirements: Critical Aquifer Recharge Areas & Wellhead Protection Areas Planning Commission StatTReport File #04-102618-QO-UP Page 2 . A completed susceptibility assessment Delineated wellhead protection areas for each well An inventory within each wellhead protection area of all potential sources of contamination that may pose a threat to the water bearing z°u..e (aquifer) utilized by the well Documented that delineation and inventory findings have been distributed to required entities Developed a contingency plan for providing alternate sources of drinking water in the event that contamination does occur. Coordinated with local emergency responders for appropriate spill/incident response measures. . . . . . IV. Critical Aquifer Recharge Areas - Designation and Classification In Washington State, a wellhead protection area is based on established times of travel, or in other words the amount of time it takes for a particle of water atthe zone boundary to travel to the well site. The state DOH requires that each well have three designated Wellhead Protection Areas (WHPAs) as follows: Zone I - One-year capture zone: Zone 1 is managed to protect the drinking water supply from viral, microbial, and direct chemical contamination. Zone 2 - Five-year capture zone: Within Zone 2, all potential contamination sources shall be addressed, with an emphasis on pollution prevention and risk reduction management. Zone 3 - Ten-year capture zone: Within Zone 3, existing "high risk" and medium risk potential contaminant sources will be targeted to receive increased regulatory attention and technical assistance, with an emphasis on pollution prevention and risk reduction management. Buffer Zone: [n addition to the above, a buffer zone may be identified that potentially extends to include the entire zone of contribution (the entire area around a well or wellfield that is recharging or contributing water to the well or wellfield.). The buffer zone may also identify additional non- contiguous critical aquifer recharge areas requiring protection from contamination. In the City of Federal Way, CARAs will be implemented in only Zones 1-3 as follows: 1. Class [ CARAs include those mapped areas located within the one-year capture zone of a Wellhead Protection Area (Exhibit A). 2. Class 2 CARAs include those mapped areas located within the five-year capture zone of a Wellhead Protection Area (Exhibit B). 3. Class 3 CARAs include those mapped areas located within the ten-year capture zone of a Wellhead Protection Area (Exhibit C). In developing regulations to protect critical aquifer recharge areas and wellheads, the one-year capture zone is the most critical in teons of eliminating risks of contamination. A hazardous material spill or release within the one-year capture zone would be difficult to contain or clean up before it might potentially reach the drinking water source. Typical clean up activities can take six months or longer to implement and carry out. Critical Aquifer Recharge Areas & Wellhead Protection Areas Planning Commission Staff Report File #O4-IO2618-OO-UP Page 3 V. VI. RESEARCH Staff reviewed the following documents/materials in the preparation of the proposed amendments to the FWCC: . Federal Requirements established by the Safe Drinking Water Act of 1986 Washington State DOH, Wellhead Protection Program Guidance Document, April 1995 Department of Ecology, Guidance Documentfor the Establishment of Critical Aquifer Recharge Area Ordinances, July 2000 Lakehaven Utility District, Wellhead Protection Area Definition, June 1996 Lakehaven Utility District, Wellhead Protection Program, December 1998 EP AI AP AlP AS, A Guide to Wellhead Protection, 1995 APA Environment and Development, A Primer in Aquifer and Wellhead Protection, February 1994 APA Zoning News, Zoningfor Wellhead Protection, August 1995 City of ßonney Lake, Wellhead Protection Areas - Classification and Regulation City of ßurien, Critical Aquifer Recharge Areas - Classification aoo Performance Standards, 2003 City of Portland, OR; Columbia South Shore Wellhead Protection Area, June 2003 City of Redmond, Wellhead Protection Ordinance, 2003 City of Renton, Wellhead Protection Regulations South Tacoma, Groundwater Protection District Regulations, 1988 City of Stanwood, Wellhead Protection Code Provisions (summary) City of Issaquah, Proposed Amendments for Critical Aquifer Recharge Areas (CARA), 2004 . . . . . . . . . . . . . . . SUMMARY OF PROPOSED AMENDMENTS Aquifer recharge areas provide a source of potable water and contribute to stream discharge during periods of low flow. The City finds that certain portions of its planning area are susceptible to contamination of drinking water and watercourse supplies through rapid infiltration of pollutants through the soil to ground water-aquifers. The primary purpose of Wellhead Protection Area regulations is to protect critical aquifer recharge areas by preventing land use activities that pose potential contlmination and to minimize impacts to recharge areas through the application of strict perfonnance standards. Through adoption of the CARAs ordinance, proposed new development, expansion, or modification of existing land use activities within identified wellhead protection areas and critical recharge areas which can pose potential risks to the City's water supply can be identified and the risks substantially minimized through application of appropriate land use controls, development standards, and environmentll mitigation measures. The July 2000 Department of Ecology "Guidance Document for the Estlblishment of Critical Aquifer Recharge area Ordinances" recommends that adoption of new rules or ordinances consider existing activities and facilities. This publication states that existing activities or facilities that do Critieal Aquifer RèCharge Areas & Wellhead Protection Areas Planning Commission Staff Report File #04-IO2618-O0-UP Page 4 not pose a significant threat to the public health or environment may be allowed to continue over areas designated as a CARA. However, upon modification of the activity (expansion, remodeling, etc.), the jurisdiction is strongly advised to take the opportunity to require the owner/operator to at least meet AKART (all known, available, and reasonable methods of prevention, control, and treatment) in order to reduce the potential for contamination of the groundwater source(s). Through implementation of SEP A, the CARAs code amendments will regulate all development activities, unless exempted by FWCC Section 18-141. FWCC Chapter 2 [, "Surface and Storm water Management," has adopted the King COlUlly Swjace WaleI' Design Manual (KCSWDM), the Federal Way Addendum to the KCSWDM, and the King County Stormwater Pollution Control Manual (BMP Manual). In combination, these regulations apply to all existing development, new development, and redevelopment. Regulated development includes all single-family residential development; projects that add 5,000 square feet or more of new impervious surface; collection and concentration of surface and storm water runoff from a drainage area of more than 5,000 square feet; projects which contain or directly discharge to a floodplain, stream, lake, wetland, or closed depression, groundwater discharge area, or other water quality sensitive area; or redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem. The following is a summary of the proposed FWCC amendments. 1. Amend FWCC Section 22-1, "Definitions": Add new definitions as necessary related to the new code language. The proposed new definitions are contained in Exhibit D. 2. Amend FWCC Chapter 22, Article IV, "Nonconformance": Add a new section that addresses nonconforming uses or development located in Critical Aquifer Recharge Areas and Wellhead Protection Areas (Exhibit E). Alteration or expansion of existing uses or activities that are prohibited in Wellhead Capture Zone 1 would be prohibited. Alteration or expansion of other regulated uses in CARAs would be allowed subject to the requirements of FWCC Chapter 22, Article XIV, "Environmentally Sensitive Areas," Division 9 - Critical Aquifer Recharge Areas and Wellhead Protection Areas. 3. Amend FWCC Section 22-1223, "Environmentally Sensitive Areas": Add "...subject property if it is located within a Critical Recharge Area or a I, 5, or 10-year Wellhead Capture Zone" (Page Jof Exhibit F). The recommended amendment is as follows: This article applies to the subject property if it: (I) Contains or is within 25 feet of a regulated slope: (2) Contains or is within 100 feet of a wellhead; (3) Contains or is within 100 feet of the ordinary high water mark of a major stream; (4) Contains or is within 50 feet of the ordinary high water mark of a minor stream; (5) Contains or is within 25 feet of any regulated lake; ef (6) Contains or is within 200 feet of the edge of any regulated wetland, including regulated wetlands associated with any major stream, minor stream, or regulated lake: or (7) Is located within a Critical Recharge Area or a 1, 5, or 10-year Wellhead Capture Zone. Critical Aquifer Recharge Areas & Wellhead Protection Areas Planning Commission Staff Report File #04-1 026 I 8-O0-UP Page 5 VII. 4. Amend FWCC Section 22-1242, "Environmentally Sensitive Areas": Add reference to LUD maps that show the location of the wellhead capture zones (Page 4 of Exhibit F). The recommended language is as follows: - "The City hereby adoPts the Lakehaven Utility District Wellhead 1, 5. and 10 Year Qmture Zones Map as now existing or amended." The wellfield capture zone areas may be modified from time to time based on updated information provided by the Lakehaven Utility District." 5. Amend FWCC Chapter 22, Article XIV, "Environmentally Sensitive Areas": Add a new Division 9 - Critical Aquifer Recharge Areas Wellhead Protection Areas (Exhibit F). This new Division 9 is proposed to contain the following: 1. 2. Identify prohibited new land uses or activities within Wellhead 1 Year Capture Zones; Establish performance standards for certain uses or activities within designated wellhead protection areas that involve hazardous materials. 6. Amend Chapter 22, Article XIII, Division 7, "Land Modifications" (Exhibit G): State that, "The requirements of Chapter 22. Article XIV Critical Areas shall govern for fill occurring in Critical Aquifer Recharge Areas and Wellhead Protection Areas." 7. Amend FWCC Chapter 18 (Exhibit H): 1. Housekeeping changes have been made to language in this chapter to bring it into compliance with previous changes made in Chapter 197-11 WAC (SEPA Rules) as a result of the adoption of House Bill 1724. Definitions are being added relative to the new Critical Aquifer Recharge Area and Wellhead Protection amendments. Amendments are being made to existing definitions to make them consistent with FWCC Section 22-1, "Definitions." 2. 3. PUBLIC COMMENT RECEIVED The City issued a Determination of Nonsignificance (DNS) on the proposed amendments on July 17,2004 (Exhibit I). We received the following three agency responses on the DNS. 1. Letter from Tacoma Water stating that they have no comments (Exhibit .I). 2. July 24, 2004, letter from Lakehaven Utility District (Exhibit K). In response to Lakehaven's comments, staff has amended the definition of "qualified groundwater scientist." We do not propose to regulate the I OO-year capture zone under the proposed regulations, as there are other regulations in place (Surface Water Management and inspections through the Fire Department) that can address potential problems. We have added language (Section 22-1374) to address Lakehaven's concern relative to maintenance of their wells (Page 18 of Exhibit F). Critical Aquifer Recharge Areas & Wellhead Protection Areas Planning Commission Staff Report File #O4-102618-O0-UP Page 6 3. August 2,2004, letter from Department of Ecology (Exhibit L). The Department of Ecology's concern about source control related to new development and redevelopment is already addressed through the City's adoption of the KCSWDM, the Federal Way Addendum to the KCSWDM, and the King County BMP Manual. VIII. STAFF RECOMMENDATION Staff recommends that the FWCC be amended to implement Critical Aquifer Recharge Area and wellhead protection regulations as proposed in Section III of this report. IX. REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22 "Zoning," Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: . 1. To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528. 3. To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. X. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: ..'\, . 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. The Federal Way Comprehensive Plan (FWCP) Chapter IX, "Natural Environment," Wellhead Protection Areas section includes the following language: The intent of the wellhead protection program is to be proactive and prevent contamination of groundwater used for drinking water. The objective of wellhead protection is to protect the health of people using groundwater supplies for drinking water. This is accomplished by providing management zones around public wells or wellfields to detect and manage potential sources of groundwater contamination. Another goal of the program is to promote awareness of special efforts to protect the groundwater and urge customers to take a proactive approach to protecting the sources of the City's drinking water. Critical Aquifer Recharge Areas & Wellhead Protection Areas Planning Commission Staff Report File #04-102618-OO-UP Page 7 An~; .-" '-The City will prepare wellhead protection regulations as part of its future work program to be performed through a process developed by a joint City/District Wellhead Protection Commillee, as is required by current state regu!ntions. The proposed FWCC text amendment is consistent with the following FWCP goals and policies: NEG4 fmplement a local wellhead protection program to ensure a safe source of drinking water and to avoid the large financial impact of contaminated wells. NEP24 The City will continue to work in conjunction with local water purveyors to delineate Wellhead Protection Areas for each well and wellfield as required and outlined by the state's Wellhead Protection program. NEP27 The City should establish an interagency Wellhead Protection Committee to coordinate and implement a Wellhead Protection Plan, as is required by current state regulations. NEP29 The City should establish buffer zones of sufficient size to protect wellhead areas. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed amendment bears a substantial relationship to public health, safety, or welfare because it provides'regulations that will protect the City's drinking water supply. These regulations establish a wellhead protection overlay to the official zoning map that identifies areas where proposed activities could present risk to contamination of the City's drinking water supply. A review process is established for proposed activities within the wellhead capture areas whereby potential risks to drinking water can be identified through the environmental review process and mitigated. 3. The proposed amendment is in the best interest á the residents of the City. The proposed text amendment is in the best interest of the residents of the City because it provides for increased protection for the residents' primary supply of drinking water. XI. PLANNING COMI\USSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: l. Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modified; Critical Aquifer Recharge Areas & Wellhead Protection Areas Planning Commission Staff Report File: #04-1026 I 8-O0-UP Page 8 3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or 4. Forward the proposed rwcc text amendments to City Council without a recommendation. XII. EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Class 1 CARAs Class 2 CARAs Class 3 CARAs FWCC Section 22-1, "Definitions" FWCC Chapter 22, Article IV, "Nonconfom1ance" FWCC Chapt.er 22, Article XIV, "Environmentally Sensitive Areas" FWCC Chapter 22, Article- XIII, Division 7, "Land Modifications" FWCC Chapter 18, "Environmental Protection" Notice of Environmental Determination of Non significance March 3, 2000, Tacoma Water Letter July 21,2004, Lakehaven Utility District Letter August 2, 2004, Washington State Department of Ecology Letter 1:\2004 Code Amcndments\WeDhcad Protcctioo\Planning Commission\StaffRcport.docl08126120043: 18 PM Critical Aquifer Recharge Areas & Wellhead Protection Areas Planning Commission Staff Report File #04-1 02618-O0-U P Page 9 w+. , " "l ~ - ,\ )~~h 5T J I ¡\ PugetSound ;:: '" w > « ., on '" N SW 336th ST ;:: '" :> « ;; N \ ... .~ "- ... ~ ~~ 1 SW 356th ST " " ". , " " " " " ". 1>- J ~ t --~ ~" "'.. "'... ~<!" M41i'/1-(' <>"'-" ~('It- .~'" 0 ,. )J CITY OF FEDERAL WAY COMPREHf:NSIVE PLAN WELLHEAD 1 YEAR CAPTURE ZONES NATURAL ENVIRONMENT ELEMENT " I Federal Way City Limits I . , /\' Potential Annexation Boundary N 1 Yr. Capture Zone ð Wells , l::.XHlb¡. .A PAGE-LOE Source: Lakehaven Utility Dlstrict. 0 1 Mile "..- -_--.J å federal Way NOTE: This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to i1s accuracy M.""""J~,,,,(), "'¡ko_""""""""""",", w+. PugetSound '\ f ';~mJUI-r- ",' ",-'- ,,' ,,' -,-,-' "," " ~" ~"4 "-", :> « iQ" \ I I « ../ ~ ~ 8 WefW6 .. N J SW 356th ST " " " " " " " " " ". l>- ! ~ LU :t « ---,. ,,"- CITY OF FEDERAL WAY COMPREHENSIVE PLAN WELLHEAD 5 YEAR CAPTURE ZONES NATURAL ENVIRONMENT ELEMENT "I Federal Way City Limits , . /\' Potential Annexation Boundary N 5 Yr. Capture Zone ~ Wells :..AHlbi ¡ ß PAGE.-l.-OF-' Source: Lakehaven Utility District. 0 1 Mile ¡. - I ~ Federal Way NOTE: This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy M.,,"m,"ul,- "",.",'/q"",,""_dlW"'.... -"--'~~-'O>" ., .+. PugetSound "","-'" ~ ;:: '" w > .. ;.; ;;; :; .. ;; ¡;; 'I SW 356th ST " " " " " " " " " ". l)- l ~ ILl :t .. ---.". ~.. ~"'.. ... CITY OF FEDERAL WAY COMPREHENSIVE PLAN WELLHEAD 10 YEAR CAPTURE ZONES NATURAL ENVIRONMENT ELEMENT " I Federal Way City Limits I . /\ ' Potential Annexation Boundary N 10 Yr. Capture Zone ~ Wells !-ì~hjß¡ . c... PAGE-LOF~ Source: lakehaven Utility District. 0 1 Mile '.-- I ~ Fëderal Way NOTE: This map is intended for use as a graphical representation only, The City of Federal Way makes no warranty as to its accuracy Mop p"m., "" 2004 ""-""p....,....."'p,"""" EXHIBITS D- L OF EXHIBIT 1 AND EXHIBITS 2-6 ARE AVAILABLE FOR YOUR REVIEW IN THE COUNCIL CONFERENCE ROOM MEETING DATE: November 16,2004 ITEM#L(L ) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2005 Legislative Agenda and Policies CATEGORY: BUDGET IMPACT: cg¡ CONSENT cg¡ RESOLUTION D CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0.00 $0.00 $0.00 ATTACHMENTS: FEDRAC staff report and draft resolution. SUMMARY/BACKGROUND: See attached FEDRAC staff report. CITY COUNCIL COMMITTEE RECOMMENDATION: Adopt the draft 2005 Legislative Agenda and Legislative Policies, including the resolution on transportation funding. PROPOSED MOTION: "I move to adopt the draft 2005 Legislative Agenda and Legislative Policies, including the resolution on transportation funding, and affirm the City's capital budget priorities as Joe's Creek, the Hylebos Park boardwalk, and the Dumas Bay Centre rehabilitation on page C9." CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D T ABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: October 19, 2004 Finance, ECO~OmiC cvelopment and RegIonal Affairs Conunittee David Mosel anager. J^ f'...r-. Derek Matheso , Assistant City Manag"v Doug Levy, Government Affairs Consultant 2005 Legislative Agenda and Policies VIA: FROM: SUBJECT: Policy Issue Should the City Council approve the draft 2005 Legislative Agenda and Legislative Policies, including a resolution on transportation funding? Legislative Agenda Attached is the draft 2005 Legislatiye Agenda as revised by stafffrom last year's version. Revisions fall into four categories: updates to reflect new conditions; new issues; reprioritizations from active issues to support issues or vice versa; and deleted items. All changes are highlighted below. The staff presentation will provide detail on the most significant of the changes and respond to Council questions. Updates: New items: . Capital Budget request list - New language reflects that 2005 looms as a year when the state's 2005-07 Capital Budget is developed. The police evidence annex project is deleted, since it will be underway during the session. As a practical matter, staff recommends the request list be shortened to deal with only a couple of high-priority projects, since the likelihood of getting state Capital Budget funding for more than that is quite low. Page 5. Local transportation funding needs - In "Active" section. Page 4. Municipal Court services flexibility - Consolidated several items from the 2004 Agenda. Page 10. Ongoing local revenue needs - Reyised to note establishment of a Local Government Financing and Land-Use Task Force through the 2004 Supplemental Operating Budget, and new economic development financing authority as an example of a funding tool worthy of support. Page 3. Parks M&O - Language added to note support for new funding sources that could be dedicated in part or in whole to maintenance and operations needs. Page 15. Regional Transportation Investment District (RTID) - Reflects the fact that an RTID measure did not go to the ballot in 2004, and numerous stakeholders may pursue revisions to the statute in 2005. Page 5. . . . . . . Discarded or recycled computer and electronic equipment - Authorizing local government to impose fees. Page 15. Driving While License Suspended - Added as a result of last summer's Redmond v. Moore decision, which triggers the need for a legislative fix to restore local government authority to charge DWLS 3. Page 7. Economic development financing - Reflects an effort by numerous cities to obtain new .033 state sales tax credit authority to support infrastructure and capital facilities for projects of $1 0 million or more that can be constructed within the next 4-5 years. Page 8. . . ~I . Engineering finns, providing up-tront fee infonnation in their RFQ submittals - Recommended as an addition to the "support" section ofthe 2005 Agenda, as requested by Lakehaven. Page IS. Motorized scooters, retain local authority to regulate. Page 15. Nightclub liquor licenses - Added to reflect city support for agency-request legislation being brought forward by the State Liquor Control Board. Page 10. Property tax levy rate ratification - Amending state statute (2ESSB 5659) so that along with a levy lid lift, a ratification of an existing rate can be taken to voters as well. Page 4. Public Disclosure Act / Hangartner Case - Reflecting desire by cities and other local and state government entities to preserve the attorney-client privilege and overbroad components of the recent Hangartner v. Seattle decision. Page 14. Public works bid laws - Preserve existing. Page 15. Puget Sound Regional Council (PSRC), automatic voting seat on Executive Board - Added due to developments in last session's 2004 Supplemental Transportation Budget that left Bellevue, Kent, Renton and Bremerton - but not Federal Way - with new automatic voting seats on the PSRC Executive Board. Note that at this writing, we are also pursuing a new possibility that this issue can be resolved via PSRC and would not have to go before the Legislature. Page 7. "Stipulated Orders of Continuance" - Added to note support of any 2005 legislative initiative to restore authority for prosecutors to enter into "sacs." A recent judicial ethics opinion casts doubt on whether SOCs can continue to be used. Page 11. State Highway Projects - Priority projects listed in agenda. Page 5. . . . . . . . . Reprioritizations: . GMA Impact fees, timing of payment of - Moved from policies to "Support" section given likelihood of legislative debate in 2005. Lodging Tax Advisory Committees - Moved out of support and into policies given low likelihood of 2005 legislative action. Streamlined Sales Tax (SST) - Sourcing changes - Moved trom support to active. Videotaping of all criminal interrogations - With low likelihood of any 2005 legislation, moved out of "support" section (actually, it involves opposition to statewide mandating of this) and into policies. Washington Wildlife, Recreation and Parks (WWRP) funding - Moved into support section in recognition of 2005 as a biennial capital budget year. . . . . Deleted items: . Condominium construction, addressing liability issues that limit it - 2004 legislation enacted. New assessments on convicted DV offenders - Successfully enacted in 2004. Police officer DV policies - 2004 legislation enacted. Stonnwater - resolved to our satisfaction through a process involving the Department of Ecology and a stakeholder advisory committee (which included a city representative). "TPEAC" - Deleted in that the current discussions involving the Transportation Project Efficiency and Accountability Committee do not involve legislative matters. . . . . Transportation Resolution At the Big City Mayors Meeting during the June A WC Conference, mayors agreed to adopt similar resolutions urging the State Legislature to address funding for local transportation needs. The attached resolution is consistent with the Legislative Agenda document and with the resolutions of other cities. C,- Options 1. Adopt the draft 2005 Legislative Agenda and Legislative Policies, including the resolution on transportation funding. 2. Adopt the draft 2005 Legislative Agenda and Legislative Policies, including the resolution on transportation funding, with modifications made by the committee. 3. Direct staff to retum to the committee with more significant modifications. Staff recommendation Recommend that the full City Council adopt the draft 2005 Legislative Agenda and Legislative Policies, including the resolution on transportation funding. (Option 1) Committee recommendation "I move to place option ~ onto the November 16 consent agenda." APPROVAL OF COMMITTEE REPORT: c~ '" Ex('v~ Committee Member J ih k-Y'((..1i C.3 RESOLUTION NO. J) R J.\ fl{ 11/11 (; Y A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, URGING 2005 STATE LEGISLATIVE ACTION TO ADDRESS FUNDING FOR MUNICIPAL TRANSPORTATION INFRASTRUCTURE. WHEREAS, Federal Way and other Washington cities face the challenge of maintaining transportation infrastructure while also attempting to address capacity and mobility needs for their residents, businesses, and day-to-day work force; and WHEREAS, the challenge for Federal Way is made eyen more acute by the fact that, along with serving 84,000 residents, it is a transportation hub and through-point for two counties; home to large employers such as the Weyerhaeuser Corp. and Capital One; and location of a major theme park that is a regional and statewide destination for yisitors, particularly in summer months; and WHEREAS, meeting local funding challenges has become more difficult giyen a series of reyenue setbacks, such as: Res. # . Loss of the $15 motor yehicle fee due to the repeal ofInitiatiye 776, which will cost Federal Way $775,000 to $800,000/year in oyerlay funds and matching grant funding sources. Flat and declining gas tax receipts, due to the fact that the Legislature has authorized no new gas tax distributions for cities since 1990. In Federal Way, the "Arterial Streets" portion of the gas tax that can be used for arterial mobility and capacity needs has decreased slightly from 1999, as has the "Street" portion of gas tax receipts that can be deyoted to maintenance needs. Meanwhile, costs to maintain, preserve, and build streets continue to rise. . . Additionally, buying power of the existing gas tax has declined nearly 40% oyer the past decade due to new incorporations, more fuel-efficient yehicles, etc. . The fact that the state Transportation Improyement Board (Till), a major funding partner for local corridor capacity and mobility projects in Federal Way, also has not receiyed any new infusion of gas tax dollars since 1990. , Page I . City general fund challenges in participating in oyerlay and maintenance programs, due to a sagging economy and declining local reyenues. . State Supreme Court decisions to inyalidate local transportation funding options that had been employed by some cities; and WHEREAS, cities' options for transportation reyenues are limited at this time, while the demand for transportation infrastructure maintenance and improyement continues to grow; and WHEREAS, the last comprehensiye action by the Legislature to proyide direct local funding and local options for transportation funding came in 1990; and WHEREAS, in 1990, along with new direct funding, the Legislature, recognizing the need for local transportation funding, authorized four mechanisms: (1) local option fuel tax, (2) commercial parking tax, (3) street utility fee, and (4) yehicle license fee; and WHEREAS, 14 years later, these sources either lack viability or haye been invalidated through court decisions or initiatiyes or both; and WHEREAS, as the condition of the transportation infrastructure deteriorates, the cost becomes significantly more expensiye for repair or replacement, effectiyely doubling eyery 10 to 15 years; and WHEREAS, absent adequate funding for critical maintenance and oyerlay work, the condition of Federal Way's streets would decline from a yery good 87 out of 100 rating; and WHEREAS, the cost to the public extends beyond these direct costs in the form of impacts on the quality of life; on the business inyestment climate; on transportation safety; and on the ability to trayel without facing delays, detours and congestion; and WHEREAS, along with the lack of resources to maintain the existing transportation network, Federal Way is hard-pressed to make capital improyements in transportation infrastructure, as eyidenced by the fact that funding is not ayailable to do all the projects in its 6- Year Transportation Improyement Plan (TIP) - eyen though many of these are dictated by "concurrency" requirements in state law; and WHEREAS, nearly all other cities face similar problems; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, HEREBY RESOLVES AS FOLLOWS: Section 1. New Direct Funding. The City of Federal Way calls upon the Goyemor and the Legislature to proyide new direct funding to pay for transportation infrastructure needs Section 2. New Funding Options. The City of Federal Way also calls on the Goyemor and Legislature to proyide new funding options and tools that may be enacted at the localleyel Res. # , Page 2 Section 3. Call to Other Cities. The City of Federal Way encourages other Washington municipalities to join in this call by passing similar resolutions as a means of conyeying the seyerity and urgency of the situation. Section 4. Seyerability. If any section, sentence, clause or phrase of this resolution should be held to be inyalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the yalidity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affinned. Section 6. Effectiye Date. This resolution shall be effectiye immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2004. CITY OF FEDERAL WAY MAYOR, DEAN McCOLGAN ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: K:\resolution\muni transportation infrastructure 2005 legislation Res. # , Page 3 CITY OF FEDERAL WAY 2004-2005 LEGISLATIVE AGENDA AND LEGISLATIVE POLICIES FEDERAL WAY CITY COUNCIL Jeanne BurbidgeDean McColQan, Mayor Dean McColganLinda Kochmar, Deputy Mayor Jeanne Burbidqe Jack Dovey Eric Faison Mary GatesJim Ferrell Linda Kochmar Michael Park FEDERAL WAY CITY ADMINISTRATION David Moseley, City Manager Donn3 H3ncon, Assist:.:mt-Git-y-Manager Derek Matheson, Assistant City Manager (Legislative Relations) c~ ~v of Fed~ Way ~~Leaisla~ve Aaenda II About this Document The City of Federal Way's 20042005 Legislative Agenda and Legislative Policy Document is organized as follows: . The Leqislative Aqenda reflects the City's position on matters that are expected to arise either as legislation or in the state budget process, or both. Each major area of the Legislative Agenda first lists local government financing, tax/revenue, and transportation issues, with remaining issues categorized in alphabetical order. The 2-004-2005 Agenda helps note the City's level of involvement in an issue by listing it as: "Active" - meaning the City, as an individual entity, plans to actively involve itself in advocating for or against a given legislative/budget provision; "Support' - meaning the City has a great deal of interest in a given legislative/budget provision, but is more likely to support an advocacy effort than to lead it; . The Federal Issues portion of this document reflects the City's position and interest on several issues that directly impact local government funding and capacity to provide general services, maintain adequate tax revenues, address transportation, deal with core services, such as law enforcement and parks, and do its part on the critical issue of homeland defense. . The Leqislative Policies and Statements of Principles guide the City's approach to legislative advocacy and positions and reflect the City's principles in terms of interaction between state and local governments. These policies and principles are meant to serve the City in its approach to legislative issues, not just in a given year, but over time as well. However, in any legislative cycle, the City may have both overarching policies and principles on an issue as well as specific positions on a legislative initiative, funding effort, or bill(s}. +-+Þe-Index denotes the ye-æ:-tRat-specific policy positions and-leg+&!a-tive items wore adopted,amendeG; 8R€i...u¡x.Iated,-and- t-he1f locatioA-inthis-dwument--. 2 cç ~edera, Way ~~ive Agenda II I Active Items for 200§.4 Financing Issues . Avoid Unfunded and Inadequately Funded Mandates In keeping with its policy of vocally opposing mandates that are unfunded or inadequately funded, the City of Federal Way will actively oppose bills and budget initiatives that contain unfunded mandates. Being mindful of Initiatives 62 and 601, the economic hard times that have stricken our state, and the continuing fallout from "9/11," legislators, state agencies, and courts should refrain from imposing new mandates on local governments without the necessary funding to go with them. Federal Way strongly urges legislators to refrain from imposing unfunded mandates, to ask if pending bills and budget matters contain unfunded mandates, and to seek full funding for local governments if mandates are considered a necessity for policy reasons. Specific "unfunded mandate" items the City will be prepared to oppose, absent necessary funding, include Growth Management Act (GMA) measures involving permitting, and "buildable lands" inventories, etc. which impose new responsibilities on local government. . Guard Aqainst Tax-relief and Tax-exemption Measures That Erode Local Government Revenues Despite the budget pressures facing our state, the 2GG3-2004 Legislature received scores of requests for new tax relief or tax exemptions, as advocates of tax exemptions on business and property tax relief, etc., brought their cases to Olympia. The Legislature is to be commended for showing restraint in the areas of tax relief and tax exemption. The City of Federal Way urges the Legislature to avoid worsening the budget and fiscal landscape for local governments by passing ill-advised measures that erode local revenues through tax exemptions or tax relief. ~cal revenue erosion measures the City is prepared to oppose include: *l\ny initi3tive from-the Stato G3mbling Commissì~ute or eliminate local ga~ authority and revenue in favor of a state gambling tax. (NOTE: The GamMng Commission has listed this as a possible study item ho;]díng into 2001, but h3S made no firm decision to pursue it)-. . Sales Tax StreamlininQ The State LeQislature enacted SB 5783 in 2003, leqislation that larqelv brinç¡s Washinqton into compliance with a "Streamlined Sales Tax" (SST) project under development in a few dozen states. The SST effort involves unifyinq sales tax definitions and practices, in hopes that Conç¡ress will explicitly authorize that sales tax be imposed on Internet-based transactions currently receivinQ tax-free treatment. Federal Way supports legislation to further bring Washington into compliance with the federal Streamlined Sales Tax (SST) project. The City is involved in discussions as to what is an appropriate mitigation package for jurisdictions impacted by a change in local sales tax 'sourcinq' under the SST. . OnQoinq Revenue/Local Government Financinq With the exception of the hardest-hit cities and counties, the 2004 Leqislature continued the process of phasinq out all m-ffiSfH)R-Se-te-a-$2.6 billion state s~3-begislature enacteEl--a--2003-Q.5 G¡3efati-Ag Budget~a~post-Initiative 695 backfill funding appropriated to assist impacted cities and counties for 2003. The-fffiat-bu€iget~~millien-f{)f-the haffiest-hft-GiHes-i~-&tate-an4-$3-millÍOfHGF-the hardest-hit-GGUffiies--. The City of Federal Way was not among cities receiving the collective $6.5 millionfew remaininQ backfill funds. Federal Way has already foregone the yearly $300,000 provided by the old sales tax equalization program. Additionally, the City has dealt with property tax revenue decreases brought on by voter-approved Initiative 747, used banked property taxing capacity to address law enforcement needs, and worked to move police personnel away from desks and onto streets during a-post-9/11 era when citizens are demanding more 3 c,C? safety and security. The City does not believe that local governments should have to address these issues alone and strongly believes the State of Washington has a long-term policy obligation to assist and partner with its cities Federal Way urges lawmakers to discuss new revenue needs for cities and counties in the 2004 2005 Session and through the Local Land-Use and Financing Task Force established through a 2004 Supplemental Operating Budget proviso. The City will work closely with city and county associations and individual jurisdictions advocating this issue. Specific local financing and funding efforts the City will be supportive of include: *Providing cities 'Nith ::1 share of the $401 million in one time federal funds the StJte of Washington received through Congressional 3pprovali3st May of the "Jobs Growth and T3x Act of ~Efforts to provide new economic development financinq authority to cities *Efforts to secure a permanent funding source for public health *Efforts to maintain critical health and human services "safety net" funding . Property tax levy rate ratification authority In 2003, throuqh Second Enç¡rossed Substitute Senate Bill 5659, the Leç¡islature provided city and county qovernments with new authority to submit multi-year levy lid lifts to their voters. However, this leç¡islation requires that any city utilizinq the new authority "Just qo to voters and ask for some type of increase in the property tax rate. As an additional feature of state law, the City of Federal Way would like the Legislature to enact enabling legislation that allows cities and counties the authority to lock in or ratify existinq rates over a multi-year period. The City has asked that this issue be pursued by the Association of Washington Cities (AWC) for the benefit of all cities and will be actively pursuing it as a 2005 agenda item. Transportation . Additional Fundinq Needs - Particularly Local Fundinq and Options and Proqrams such as TIB Last ,l'.pril,the 20031n 2003, the State Legislature enacted a 10-year, $4.2 billion "Nickel Package" transportation investment plan. The "Nickel Package," which took effect in July 2003, was financed by a 5-cent increase in the gasoline tax, a 15% truck weight fee increase, and a 0.3% sales tax surcharge on the sale of new and used automobiles. While the package was deeply appreciated by Federal Way and other cities, and included more than $100 million in investment on state corridors in and around the City, it was widely acknowledged as only a first step. Additional investment in the state's congested transportation system will still be needed. Just as importantlY, an-d-jt-sRouk!-be-no-ted-o-tflatthe Nickel Package included no direct funding for local governments~1O new local transportation fundinq options, and very little new funding for local programs that assist cities and counties in implementing transportation improvements. With the exception of some fundinq for a few local freiqht mobility projects, no new local fundinq was forthcominq in 2004, either. During the 2004-2005 session, Federal Way will actively support advocate initiatives to augment local transportation funding and options, particularly in terms of direct gas tax distributions to cities, as well as new local fundinç¡ options that can replace the $15 vehicle fee repealed by Initiative 776. The loss of the $15 vehicle fee alone costs the City nearly $800,000 per year. Moreover, existing gas tax receipts to Federal Way have remained flat or declined over the past few years, and the City has been forced to commit more and more of its local general funds towards transportation needs. Additionally, Federal Way will actively assist with, particuJafly any efforts to add funding for the Transportation Improvement Board (TIB). TIB has been an excellent funding partner for local governments, operates with low overhead, and has addressed operational inefficiencies and financing "over-obligation" problems from previous years. 4 L7 Finally, it should be noted that Federal Way will assist with efforts to provide new and dedicated funding for freight mobility. as well as funding for transit and Commute Trip Reduction (CTR) programs. . State Hiqhway System Projects In the event the 2005 Leqislature looks at a new-investment packaqe for Hiqhways of Statewide Siqnificance (HSS), Federal Way would advocate for the following priority projects that are critical to traffic flow through and around the City: *Interstate 5/State Route 18/State Route 161 "Triangle" Interchange *Interstate 5/272"d Street Interchange and 272"d Street improvements *City Center Access Study involving 1-5 - Environmental Assessment dollars . Reqional Transportation Investment District (RTID) In 2001ð, the RTID Executive Board elected not to qo forward with puttinq a reqional transportation investment packaqe on the ballot for Kino, Snohomish. and Pierce County voters. In the 2005 Leqislature, certain stakeholders will be pursuinq revisions to the RTID enablinq statute that, in their minds, would make the RTID more attractive to voters and more able to accommodate non-roadway and local projects. These may include additional taxinq options, allowinq hiqh-capacíty transit proiects to be eliqible for RTID funds. and lesseninq local match requirements for local arterial projects. Federal Way officials believe it is critical that the RTID remain viable and workable, and the City will be actively involved in any 2005 legislative discussions regarding the enabling statute. heg.isJ.aturepassed-statutorY-fevisioos-that-allowed-theGef1tfal-Pu.get-Sound-~:RegioRatTraf1&portatiOR -Ifwestment DistriGt:-(RTID) to further bond 3gainst region;)1 tran-sportation investment&c~ever-,-ir1 ordeF-to--f . in the current RTID project ti&t;--ad4tio-n-æ enhancemeAt-s-ID-RTID's bending authority will be needed. AGGi-tiGnally, within the RTto,-artEI ~ularly within-øarts of King County, there are ph ilO5O¡}h ic;)1 dis3greements reg~-¡:¡t-ofeGt-s--tHat s-ROtHd be inGluGed-m-3n RTID ballot measure. Gertain--eff.fGial.s-H1 Seattle prefer 3-Groadef.pr-$Gt eligibility in the RTID st3tute, enabling the RTID to propose-funding for light rail ~~ officials, particularly in East King County, are adamant that Sound Transit is the proper place for light rail investments. as the RTID is better suited for investment in state highway corridors 3nd limited loc;)1 and transit funding needs. ffi-Gooperation with county agencies, Federal Waywill-actively pursue a 2004 legislative initiative to-ef1-hance bonding authority for the RTID. Capital Budget Needs . 2004-2005 Session Project List In response to its area state legislators. Federal Way has stepped up efforts to obtain funding for needed infrastructure improvements, particularly with respect to parks and recreation, through the state's biennial Capital Budget process. Working with its 30th District legislative delegation in 2003, the City succeeded in obtaining $250,000 for the Hylebos State Park and $106,000 for Historical Cabins Park. In 2004With 2005 looming as another biennial capital budget year, Federal Way will actively seek additional Capital Budget funding on a number of projects, including a.-feq-ue-slfo-r-.$-1.425 milUona series of reQuests for-in "line item" funding in the 2()O42005-07 Supplemental Capital Budget. Details of these projects are provided in the chart below. BeGause.mostotthe.Capital Budget requests can be pm'sued via programs such as the Washington Wildlife & Recreation Program (WWRP) already funded in the 2003 05 Capital Budget, the Twin Lakes detention facility Jine-item-request-is-the-City!s-most.signifiGant2004CapitaJFeH ig h-prioritv line-item req u e s ts include $1 million for the Joe's Creek Salmon Enhancement and Reqiona/ Detention Pond project (total cost is estimated at $1.75 million).quest. 5 CB Project Brief Description State Funding Needed Capital Budget Line-Item, or Capital Budget grant program *Twin-lakes-Go-l-f& FaCflit.ywoukl.beOR $-lA25-milHoo1 million Line-item funding needed Country Club regiooaJ e.rfving r;:mge, decrease detention pGFtGJoe's &torffiwatef. flows into Creek Stream Restoration Joe'.s-G.f:eek, reduce and Salmon erosion into creek, and Enhancement Re.J.f}-pfOtect salmon runs. ExffiURg pond frequently floods, c3using property damageAddress erosion, deteriorated pipinq, and bank conditions that make fish passaqe difficult, and lead to floodinq of private properties in the Joe's Creek basin *Hylebos Park Boardwalk Auqment the state's $400,000 Line-Item $250,000 capital budqet contribution for this project in a former state park. The state's 2003- 05 Capital Budget contribution was allocated prior to cost-estimate work that shows this as a $1.3 million project. 50/50 city-state cost- share proposed *Dumas Bay Center Capital upqrade to $480,000 Line-Item rehab conference center and theater facilitv *Downtown Park Preliminary study to ID & $75,000 Line-Item develop a central park in the City's core *Sacajawea Park Renovate running track $75,000 lAC Youth Athletic from cinder track to Facilities grant, or line- rubberized/asphalt track - item joint project with School District *Community/Senior Add artworks to enhance $272,000 Line-Item Center overall quality of the project !Dumas B3Y Center Ongoing capit:J1 upgmde, $480,000 Line Itom fehab *poverty Bay Park Develop master plan for $100,000 Line-Item this heavily-wooded facility with beach access 6 Cq Other !_-.- Remedy for OWLS 3 suspensions imperiled by Redm.._ond v. Moore Midway throuqh 2004, in a narrowly-decided case in,{9lvinq a third-deqree Drivinq While License Suspended (DWLS) charqe by the City of Redmond, the Washinqton State Supreme Court ruled that the DWLS 3 was unconstitutional because it did not provide adequate due process and hearinQ notice for the offender. This has resulted in Federal Way and scores of other cities and counties - as well as the state Department of Licensing - dismissinQ hundreds if not thousands of cases that involved DWLS 3 charqes such as failure to appear or failure to pay. The problem is that OWLS is a "gateway crime" that is often an indicator of more serious acts committed by an offender - thus, lettinq offenders free on OWLS 3 charqes creates a huqe public safety problem across the state. Federal Way will actively work with police. prosecutors, and other jurisdictions in seekinç¡ a 2005 leç¡islative remedy - such as a separate hearinç¡ notice - that will aç¡ain allow OWLS 3 charç¡es to be brouç¡ht forward and prosecuted if necessary. . Amend 2004 Supplemental Transportation Budqet proviso relatinq to PSRC votinq seats Federal Way will actively work in the 2005 Leqislature to revise a 2004 Supplemental Transportation Budqet proviso that provided some cities with new ruget Sound Regional Council (PSRC) executive board votinq seats - but did not qrant that same automatic votinq seat to Federal Way. The City believes the budget proviso took a helpful policy step in recoqnizing the need for more automatic voting seats outside Seattle, but inappropriately omitted Federal Way while includinq Bellevue, Kent, and Renton. Federal Way stronç¡ly believes that for an array of reasons related to transportation, transit, density. etc., it merits an automatic votinç¡ seat. The City will thus work to both extend the 2004 budç¡et proviso on PSRC votinç¡ seats, and adjust it to include Federal Way. Stormwater I Oppose Gnv ORefoos--P-h3se II Stormwater Permit ReG}l:;!-ffements put forth by the OepartrneHt-of--EœIGWf (DOE), Particularly if they Constitute a na'tV "Unfunded Mandate" for Local GovernrneAts fl.s it prepares to draft permit requirements for scores of loc31 agencies to comply with-federal Clo3n Water J\ct provisions, the DOE has established an advisory committee comprised of representatives of local government, business, and environmental organizations. The agency wantedmput on hO'.' exp::msiva to m3ke a nell.' "Phase II" storm'llater permit under the N3tional Pollutant Discharge gimination {NP-Q.€.&-}f)Ortion of the Clean Water AGt-.-bOGal-advisory committee reptB&ef1tatives, including Feåefaf-Way-s-torm',."ater program manager PatJ.!-Bucich, believe strongly that the 006 should f1Bt-enact per~irements that exceed miniffil:m feder31 guidelines already-B&tabHshed for Phase II wmmunities uR-Gef.-tl::¡e..Clean W3ter Act. To dG-otherwise would impose new mandate&aOO-liability on agencies suffi.-a&-FBGeFal '\Jay. 'f-t-he--'[)Gé-recommendsP-hase-n.-st(}Fmwatef-per.ffi~tswhich-,cÐntain-requifementsthat-.goabove and beyond the minimum guidelines in the Clean-Wator Act, Federal Way 'Nill jo-inìhe AWC, counties, and-otherffidividuallocal governments in urging the LegislatUfe-t-todisaHow-t-his unfunded mandate.-Þcdcral Way is proud of the significant efforts and investment-it-makes in storm'Nater proteG-tion,but believes mandating new tcrms-in-a Phase II permitwouki-triggef unnecessary liability-and costs on local government-. =. Þlaceholder.-..Emerging Issues:.. :rheGìty's-2004Leg¡f;'i'~' ~'(' ;^..:.f!'l~!~ hn:d,:", .1 r~:3(~O f(lr " sues that may , emerge-after..the.City.'s Agenda document-has--been-pFinteo i,i110 j'.i')i)""'f¡O lìÿ C.if CO..I~G" ;~.t sill! requ+re-the I' GitY"S"~Gt.ive partiGipati.on Sll.'Gh was..the:Gase..j.n..the.2(:~-.!:-~!!;:'.O:\ \".:\~Ii~ ::¡H C.~y In"'Hi'! n:,..:r,.I(.;C¡::¡I.gOvefl1l:nents III tum¡Hg...away..Q.west-promoled leg¡slatlon-to-unoerGUt. ,OGa~ nght-of-way-.au.thorlty,--Aga¡n in ¿(,()4,.emergent ; f5sues...may require the City'-s actjve..attentioA-. 7 CtO ~eral Way ~~ve AQenda II I I Support Items for 2{)()42005 Assuming these items arise during the 2004-2005 Legislative session, Federal Way will work in support of efforts led by others in the following areas (grouped in alphabetical order according to general subject matter): Economic Development/Infrastructure Tools Gambling . New economic development financinq authority for cities via state sales tax credit Federal Way will stronQly support leqislation beinQ developed by a number of cities that is desiqned to create new financinq authoritv for economic development and infrastructure purposes, The leqislation would establish a .033 percent state sales tax credit. akin to the credit used to help numerous non-Kinq County iurisdictions finance and develop special event and convention centers, . Expansion of Tax-Increment Financinq (TIF) At a time when the economy is in an ongoing recession, the state's ability to directly assist cities is very limited, and the electorate is leery of any new general tax increases, tools to foster infrastructure and economic development become even more critical. One tool used by other states is "Tax-Increment Financing." TIF directs future increments of tax revenue to finance debt payments for infrastructure that serves new development and creates new jobs and revenue within a community and for the State. The 2001 and 2002 Legislatures authorized very limited forms of TIF, and cities made a stronq push in the 2003 and 2004 sessions of the LeQislature to expend "TIF." Given the House Speaker's reluctance to embrace the expansion of TIF, Federal Way will not be initiatinç¡ advocacy efforts in this area but would continue to support leç¡islative efforts advanced by others. -that.aHowajurisGìGtioft-te--applyfl:l-tur8--ÌftGrements-of1ocaJ-tax-fBVenuestowarG-jnfra&truGtur8-aRÒ eGoR-OfniGòeve1opment--.f'-eGeral--WaY-A-as-beenìrwolved-,iR-B-GGa1+tìonof'governmental-aftd.busj.ness orgaRìzatioHs-workj.ngwith-the-GoveFHOf:-s-GffiG8--oR-:'Execl:l-tive-,Reque&~-legì&latioRregarGìng--T-If., which woulò-m3ke the State of Washington :J more active funding p:Jrtner .ffi-Ge.mmunity infrastructure and pave-th-e-way-for economic development, nm"! jobs, and new revenue to-growthe-eGonemy-. Fedoral Way will support legislation to expand tax increment financing, building on legislation such as E2SSB 5364, which twice passed off the floor of the State Senate in 2003. . Non-Tribal GamblinQ Expansion Proposal Federal Way does not believe that significantly expanding non-tribal gambling is an appropriate way to address the fiscal crisis confronting state and local governments. Further, the City has concerns about how such proposals affect a community's character and quality of life. In 2003, Federal Way opposed the non-tribal gambling expansion proposal from the Entertainment Industry Coalition (EIC). In November 2004. the state's voters will be decidinQ on Initiative 892, which qreatly expands non-tribal qamblinq while reducinq state propertv tax levels. If the initiative fails on the fall ballot and reappears as a leqislative matter in 2005. It this ,issue reappears ' iR..2004-, Federal Way will join others in opposing non-tribal gambling expansion. If the Legislature feels it must make a policy choice to do so, Federal Way would join other cities in urging the Legislature to impose local tax and revenue components to assist with the additional law enforcement and public safety impacts that could arise. Local Government Financing Issues . New Unincorporated Area Utility Taxinq Authority During the 2002 session, King County led county governments in advocating new countywide utility taxing authority through bills such as HB 2950. Federal Way and suburban cities throughout King County strongly opposed this legislation, because it -for...8everal reasons: it was offered at atime whon citizensaFe--a&kj.ng-c~to impose ne'.',' taxes; it would have beenS.-9lJ[ltvwide and thus would have added to existing utility taxes already imposed by cities~ 8 Cll However, Federal Way expressed its willin~mess to support unincorporated area utility tax authority for Kin~ County and other counties in the 2003 and 2004 sessions, and would continue to do so if the idea is brought forth in 2005. i-8f:¡.EIthe.Citybel i eve sKi A-g-CooRty,4ke-muniGfp-al+t1es-,shotJk:J.--GOHs+def--Ð-uGgetreGuGtioHs-and-inteffial beIt-t fgh ten. ì ng -b efo¡: e- a skfR ~ f}fO¥8. .. m-Gf& -tæœ &:-Kin 9- Gount y-t r i eG . . 89 a ffi- iH-2OO3-w it A-a-bill that-woukt- haveaIJowed-ne 'II utility t;) X a uthofityooJ-y-Ìf1.-I:ffiinGeff*)fated--areas,-ß.eGau.se.-of-it&-d.e.&tf.e.-te pf.omot&anAexatìon-øf-l:m-in co rp 0 r3 ted-ar-easi-K:ing-Gøtm ty m 3 y a gain-pBf-s-ue-th-i&-authefi.ty-. Federal Way\,,'ould be supportive of a new utîlity tax authority in 2004 if it wore restricted to unincorporated areas only. I Sale!; Tax StreamlininQ The St3te Legislature enacted S8 5783 in 2003, legislation that largely brings Vlfashington into compliance with a "Streamlined Sales Tax" (SST) project under development in a few dozen states. Tho SST effort involves unifying sale!; tax definitions and practices, in hopes that Congress will explicitly authorize-tBat- sales tax be imposed on Internet based tr:msactions currently receiving t:Jx free treatment Federa!Waysuppor-ts-legfstation-to-furtherSSTcompHanceeffortsin-2004-rsuch.asa-change-in thecfeditingror--~sourcing.'...of-l-oGalsales-taxestoa-~point-of-.del-ivety'--method-rath-er-than-the current~poiRt-of-origin-'-method-..-HowevefrFederaIWay-is-mind-ful--thata-change-in--sourcing oould-.-have.si.gnificant-oogativ-e-fevenue-impacts-on.many-warehousing-baseG-cities-inSouth Kin.gCounty.The-Cily-thus-supports-theideao-f-inc.udin.g-mitigation-or-'ho-Id--nafmless! provisiolts-intoany 2004 legislative initiative-on-SST, providing mit-igation measurQS do not take away re'.'enuos that would otherwise accrue to cilies-. PLOOQin Q. -Tax Ad II ismy-Gømmi Uee-Au thofiW .n-2003,hotäìndustF'f-ínteFests..aGyancedSB.&668-,--Th+s¡eg.islatkHl-cootained a pFoYísion-that-woukl have given--hotel motel tax advisory committees-the-au-thority to trump the deci~ loc;)1 elected officials-in-temls of spending :Jllocations. Federal Way 'Nill support NNC and indi',idual cities in their opposition to hotel motel tax legislation in 2004 that seeks to undermine local decision making authority. Transportation ! "Loc:]! Option" and ! 776 Loc31 Replacement Fundinq Needs for Cities For the l:Jet sevoral ye3rs, tho ,^,ssociation of Washington Cities (AWC) :Jnd a number of individual cities have asked the Legislature to adopt new local option fin:Jncing tools to 3ssist municipalities with local transportation funding neods. In 2003, a local option measure again failed to m3ke it through the legislative procesG. The need for local option or local replacemont funding becomes even more critical heading if1te--2-OO'1, with the recent SupremeGÐurt ruling that Initiative 776 is constitutional. I 776 repeals a $15-ve-hicle licensing fee utilized in--K:ing County and its cities. The fee geAefated $750,000 per year for the City of Federal Way and was-&latOO to fund local road maintenance and operation (M&O) and~y needs. F-ederaI-Waywil.I-be-stf-ORgly.supportive-of.2004-efforts-to--obtain-additional-Iocalreplacement funding-and-"-Iocal--option" tools for cities-, +*ranspmt aHo nPermitt j.RQ€ffiGienGy:...&-Account aoìlity-( T PEAG) In2003,-theLegislatuFeexpanded-the-+PEAG-efroft...whffiR-had--pr8-vious1-yseFved-as-apilot-based-effoFt toexpedite,GøR&olidate..and--&tFeamline-thepeFmi-ttin§--prOGeS&fm-a-few~mega-pFoject'.state-high-way in-vestm eAts.;. .. The 2003.-aGtí-en.. exteooeG the. T PEAG-pmGess-to.G over aM. foMways;inGlooing -local roaGways7+Ae-L~i51:Jtura directed TPEAG--coH'fmittees-to-ex-amine ways-to-expedite-and :Jdd efficiency to the perm-it--pÆ')G~-øf.aJI-~es. The A'NC is actively partiGipatin-g--i-A-tt1e TPEAG -pFOGe&&-and-wams--ffi-ensure that 3dditional-peFmi-tting efficiencies do not have-the.affeGt.of undercutt~ m--e4mìnatiHglOGaJ-auth-ority ova r peFffi-Ìt&;-S-E-PA-et£-. Foderal Way-will support efforts by AWCand-others to protect necessary local permitting authority and autonomy as the TPEAC process moves forward. 9 CIL. Criminal Justice, Law Enforcement, Courts . Additional Flexibility for Municipal Court ServicesCourt Fundinq Task Force Issues - Municipal court services flexibility. election of iudqes. subject matter handled by Municipal C()urts For more than a year, a Court Fundinq Task Force comprised of iudQes, elected offjcials, business. labor. lawyers and others has been examininq the problems with the fundinq of trial courts in the State of Washinillon. Cities have had some concern about the makeup of the task force, which has very few representatives of the executive branch of local qovernments. Nonetheless, the Court Fundinq Task Force has moved ahead and plans to submit to the Legislature a taxinQ options packaqe to better fund the court system. The CFTF packaqe contains a number of features. some of which the City will support, others it will remain neutral on. and still others that Federal Way is prepared to oppose: 'New fundinQ for courts: Federal Way wil! support this plank of the CFTF package; 'Explicit authority for cities to contract with one another for multi-jurisdictional Municipal Court services: Federal Way supports this and believes that cities may already have this authority. However, the City may join AWC in opposing certain 'strings attached' provisions that could be paired with this legislation and thus make it more onerous. 'Authorizinq Municipal Courts to expand their subject-matter jurisdiction: The CFTF is mullinq over this part of its packaqe and may propose that more anti-harrassrnernharassment, domestic violence and other cases be referred to Municipal Courts. Given already-rapidly-increasing caseloads and resource and budget problems that ALREADY exist, Federal Way will be prepared to strongly oppose this provision if it comes forth as a mandate vs. option. In the aftermath of King County's decision to renegotiate certain District Court services, 3 number of King County cities are pursuing a legislative initiative that explicitly allows cities to enter into agreements with--ooeBROther for Municipal Court-sePJice provision across jurisdictional-J.ine&-.The legislative effort is similar ín-ffiaf1-Y-respects to SSB 5500 from the 2003 Session. However, judges:-representatives have negotiated for a compromise that would grant multi city contracting authorityto-Mu~Courts in exchange-for new statutory requirements regarding election of judges. Citie5'~5als to require only new multi city municipal courts to elect judges, to have only certain sized-Gitìe&~ed to elect j~ or to provide cities with initial appointment authority followed by confirmation elections, have all been fejeGtedbyjudge&-to..dat&:-At-thfs..wf~Hng.;theoutlook.for--20Q4-leg~&latlon¡&uncerta+R-: ~a.f.Way 'Nil! support 2004-leg.is-J.aoofHm-multi city Municipa-I-G-9uft-GoAtfactiRg-authority .f-it fs.-bfought-fGfWard. However, tho Citydoes-AOt want to see its--autho-r-itytG-ap-pomt judges u-nnece ss afHy.-undef.m.i.ned- . 2005 Liquor Control Board aqency-request leqislation - NiQhtclub Licensinq: Federal Way will actively work with the State liQuor Control Board to advance legislation regarding the licensing of nightclubs. Current licensinq practices have niQhtclubs licensed as "spirits, beer. and wine restaurant" establishments - thus allowinq them to have minors on their premises. Proposed 2005 leqislation submitted by the LCB would set UP a separate licensinq process for niqhtclubs. require the niQhtclubs to provide security and operations plans. and qive local officials a clearer sense of the type of license beinq proposed. Illeqal activity at a teen niqhtclub has been a siqnificant problem for Federal Way police. PAssess-Convicted- DV..G.ffender sto-..Þ!elp.-þ'.jn anœD--VServiçes- During tho new session, domestic violonce-f*'ovention advoc3tes may offer logisl;:3tion that 3uthorizes courts of--Hmi-ted jurisdiction to impose court 3ssessments on convicted DV offenders, with proceeds targe-teG-to help offset the cost of DV proQfams established by cities and counties. Federal 'Nay ,,'¡il! support this legislative initiative if it is brought fon.vard in 2004. ! Domestic Violence Perpetrated by Police Officers: RequirinQ Local Governments to have Provention . Pelic" and Traininq in Place On the heels of the Crystal Brame David Bmme tragedy in Tacoma earlier this year, a "Crystal Cle3r" Committee has been meeting for several months and is preparing legislation for 2001. The legislation appears to call for 3dditional training and policy attention to the issue of domestic violence perpetr:)ted by police officers. 10 r13 f-edefal-Wa y--stroo-g~Pf)Gfts-~-tdea-of-takJR 9 s t C P s to--av-okJ-anyW-i-Rc ¡Gents ,-but-seeks-to eRsu-re-any-2004legislaHon--Goes-Rottr-igger new cost rcquiroments-of'createfUJ1he.F-l.iability e x p 0- S 1::.1 r e..for. . . fi- R an c i-a It y-st Fa pped-1-oG a-I- 9 ovem ments-. . Technical Fix in Statute to Allow Repeat Lewd Conduct Offenders to be Prosecuted as Felons The City of Everett, with support from law enforcement associations and prosecutors, will be bringing an initiative to the 20G4-2005 Legislature regarding lewd conduct/indecent exposure violations. The I initiative is designed to fix an oversight in the statutes that may prevent repeat violators from being charged and convicted as felons. Just as it did in 2004, Federal Way will support a 2004 legislativethis initiative ensuring that repeat violators of lewd conduct and indecent exposure laws can be charged as felons. . "Stipulated Orders of Continuance" (SOCs) 12An sac is an aqreement between prosecutor and defendant. siqned by a judqe, where in return for the defendant's willinqness to pay costs and attend a course of treatment. the prosecutor aqrees to hold off -'--:on prosecutinq a case. It is a very useful tool for prosecutors and defense attornevs alike. However, many judges, includinq Municipal Court íudqes, believe a recentlv-issued judicial ethics opinion forbids the practice of enterinq into sacs. ..:::.Federal Way will support any 2005 legislative initiative brought forth to restore sacs as a usable ..:::.tool to settle cases between prosecutors and defendants. . Druq Seizures: Timinq and Direction of Proceeds g~AAGRffií.nal Interroqations to be Videotaped +wo-P-ìerœ-GountylegislatofS-maYiJfesent a measure-tethe-2004-heg.ìsJ.atur e-that would reqtÛre---aIt-Gfìmìnal ffiteFfogatíonsbevideotaped;-Th-is.-wevi-sìen-wasina2003-biU-{HB-.::'-932-}-thatwasintreduœdbut-never-møved outo-f-its-GommiUeeo-f-er-+g.in;--Federa\...Way-,-aleng-with--rewesentativesof-lawen-forcernent-asseG1atioH&anÐ proS8Gutofs,-hassfgni-fìcaRt-GOOœrns-regaroìngthe--cost-;wactiGality-,aoo-petentia\.. Ghi-liing-effeGt-of.-th-ìs-type of Jegi-sJ.ative--initiative, Federal Way-wHlsupport associations that represent la'.... enforcement and-prGSeCutors in their efforts to head off any 2004 legislation, if it is introduced. 'Druq Seiztlfes4iminq and Direction of Proceeds One of the criticisms of drug forfeiture efforts by law enforcement is that proceeds from drug seizures are not always returned to law or drug enforcement. This is not true in Federal Way. The City has an exacting process of returning drug seizure proceeds to law and drug enforcement and maintains very detailed accounting records. A citizen initiative on drug seizures did not collect enough valid signatures to qualify for the 2002 ballot. This matter did not surface in the 2003 or 2004 Legislature and, thus far, indications are that it will not come up again in 20042005. If legislation in this area is brought forth in 200.§4, Federal Way will join other local governments and law enforcement agencies in strongly opposing it. Prior legislation would have limited drug seizures to post-conviction only, along with shifting proceeds from drug seizures away from local law enforcement and toward state drug treatment programs. . Protectinq Privacy of Law Enforcement Personnel The City has traditionally supported leqislation supports legislation such 3& SB 6660, which 'Nas unsuccessful in the 2002 Legislature. The mO3sureto protected items such as law enforcement social security numbers and home phone numbers from public disclosure and dissemination. If legislation is brought forward in 200.§4_to protect the privacy of law enforcement personnel, Federal Way will be supportive of it. Efficiency Measurers Promoted by Cities and Counties . Efficiency Measures Pursued by the Tri-Association Group and Individual Local Governments In preparation for the ~2005 session of the Legislature, the Tri-Association group, comprised of the I Association of Washington Cities (AWC), Washington State Association of Counties (WSAC), and the Washington Association of County Officials (WACO), will pursue examine a legislative initiative to revise I 11 CIL{ certain statutes that are obstacles to local government cost-effectiveness and efficiency. Additionally, the AWC rnavpursuemay pursue a cities "technical fix" bill aimed at removinq or revising some outdated and obsolete sections of state statutes whichthat impede cities from carryinq out their responsibilities. Examples of items that Federal Way has sent alon~ to the AWC for a possible 2005 technical-fix bill include: The Tri Association initiative in'lol'.'es expediting the approval of Public Works Trust Fund (PWTF) loan projects, expanding allowable uses of the second 114% of the Real Estate Excise Tax (REET), making technical corrections to cooperative purchasing laws, and o'leraliliability reform. F eder a ~ .. W æ¡ ~ e- H:i-A SS()G . a t ion-e ffj Gte ~ A G ; -. add. üonaU.y.,sup. X) rt s-the fGUowmg-Hems, which ,,',ere submitteG-tG-tne-AWC in the eveflt.-tR.e-AWC-pufSües-a-bi#-a teGRnicaJ-#x-bill-f&~ ffi-2004¡. *Eliminating the requirement in RCW 43.09.230 that cities provide the name of their labor relations' consultants in collective bargaining. The requirement does not appear to serve any purpose and involves needless time and paperwork. *Eliminating the requirement under RCW 39.44 that cities provide information on their bonded indebtedness to the State Department of Community, Trade, and Economic Development (CTED). Such information already is provided to the State Auditor's Office. *Revising the requirement that planning commissions, under RCW 35.63.040, must meet at least nine times per year. The requirement is arbitrary and should involve more flexibility for cities such as Federal Way. GMA, Annexation, Housing Targets, Land-Use, Permitting, Impact Fees . Annexation Authority for Cities In 2GW2004, the Legislature directed a study of annexation issues throuqrL? proviso in its ~~ental OperatinQ Budqet. The Department of Community. Trade, §nd Economic Development is acting as the cooveAorconvener for this study and has established an advisory committee on which cities have a seat. Federal Way hopes that this study of barriers to annex(jtion, and needed fundinq that could better facilitate annexation, will yield a series of proposals for the 2005 Leqislature. Thus far, there have been some technical annexation fixes suQQested, and the City of Kirkland is workinQ on legislation that could establish new financinQ authority for cities embarkinq upon costly annexations. eoacted.twe.-measures designed-to-pr.oviGe-Bities with some assistanœ-inthe-;:¡rea of ;:mnexatio~) SSß.-á4OO-,-a+lo'Ning :J now doubJe-majOlity-method of annex3t~edwhen a m3jority of voter.s and-amatGfHy-of O'Nners of the acreage-if1-a-g+ven area are in agreernBRtwith-a-pF9f*)sed annexatien-. Trns.augmeAted the petition mothod-form-9f.-aAAex.atioo-~der1egalquestien in two caws-GUFrently~ineG-by-the-State-Supreme Cou~-1755;-aI!owing a more ~pediteGway of annexing iGkmd are3&-ef.unincorpor~UAdedby-citíes. In 2~ AWC and ;) number of cities will seek further annexation 13"'" reforms. Federal Way will support additional measures that better facilitate the process of annexations, which are expected to occur under the tenets of the Growth Management Act (GMA). . Housinq Issues Involvinq Buildable Lands and Housinq Tarqets Federal Way is sympathetic to the goals and objectives of housing availability and land supply for housing under the Growth Management Act. The City supports a thorough review of the process for allocating housing targets as well as establishment of objective criteria for allocating targets. Additionally, the City did not oppose the agreed-upon language in SSB 5602 from the 2003 session, which asks cities to ensure that amendments to their comprehensive plans and GMA plans, "taken collectively," will not diminish a city's commitment to meeting housing targets and economic development goals. However, the City does have concerns with illlY.-potential ~2005 legislative pursuits proposals that would being offered by realtors, who may introduce new definitional and data- collection requirements to the Buildable Lands program that will add new costs and requirements for cities. 12 rJç Federal Way will work against mèasures that unnecessarily add new costs and requirements for cities and counties within the Buildable Lands program. Additionally, the City will work against any measures that break 20-year housing targets into smaller intervals, such as annual targets, as well as legislative initiatives that attempt to hold cities responsible for housing market performance. . Timinq of GMA Impact Fee Payments Durinq the 2004 Session, individual cities and the AWC headed off leQislation that would have delayed the timinq of payment of GMA impact fees. These are currently collected at the front end of the permit process, so that local Qovernments and schools can use the fees to address immediate impacts that new developments brinq (e.q. need for traffic siqnals, sidewalks, school portable buildinqs, etc.). Stakeholders representinq the buildinq industry contend the up-front payment of impact fees makes it more difficult for small builders to finance housinq developments. A 2004-2005 interim work qroup was to be assembled on this topic, and leQislation in 2005 is a possibility. Federal Way will be aliQned with cities, counties, and school districts in opposinQ any 2005 leQislation that makes the collection of impact fees more costly and onerous by delayinQ the timinQ of payment of those fees. . GMA Work Group - Potential 20042005 Leqislative Items This summer and fall, stakeholders from local government, business, and environmental groups, together with state CTED representatives, have-beefl-e->œmÌAìngwill meet to examine incremental improvements that might be made to the GMA. The Work Group stakeholders are 100kinQ at thinQs such as delayinq GMA update requirements for small, and slower-qrowinq jurisdictions. are studying...a vafiely-e-HsSUOS, including wa-ys--toGUt-down on frivolous appeals, aoolo streamline ministerial reviews of-GMA-related ordinances that are-amended by localities-, Federal Way will support 2004-2005 legislation forwarded by the GMA Work Group if it has consensus support from those around the table and has broad support from local government. However, the City would be opposed to any legislation that compromised its authority to appeal GMA plans in neighboring counties or cities that do not adequately address issues such as transportation, building standards, zoning, etc., that are critical to Federal Way. . Clarifyinq Local Zoninq Authority on Location of Gamblinq Establishments Federal Way supports legislation clarifying that localities, through their zoning and land-use police powers, have authority to condition the location of gambling establishments and determine where they should be situated in a community. Such leqislation came close to passinq in 2004, stallinq on the Senate Floor in the closinq weeks of session. Federal Way believes such authority already exists in law and wants to ensure that any 2004-2005 legislative initiative is drafted so that it builds off of the concept of existing authority.~ . Qppose-Ensure fundinq for new~new New-Permit Processinq Reporting Requirements In 2004, the State Leqislature enacted SHB 2811, leQislation which requires cities and counties to file reports on their permit processinq - and to post and continually update such reports on tRe-ìr web&ìt-etheir website. While Federal Way understands the ç¡eneral rationale involved in this statute, it has pointed out that there are costs associated with it, costs which should be reimbursed by the state. A 2004-05 interim study to assess and øffii-ßej.R.tpinpoint those costs was amended into 2811 throuqh the City's efforts. Federal Way will support 2005 legislation andlor budget provisions to provide a reimbursement for the permit processing reporting requirements under SHB 2811. During the 2003 0'1 legislative interim, a House local government committee's "Permit Work Group" has examined the issuo of land use permit processing at tho local level. Foderal Way supports efforts to make the permitting system 'Nark better and h3s demonstrated that with its own emphasis on permit streamlining. The City also effectively met 120 day permit processing requirements that previously exi&ted-iA-state statute-. TheGitywoul-d-opposelegislative-inUiatives-th-at-impose-newmandatesand-r-eql:Ji:rements-o-n already o-ver-bur de-nede itie s, +~Goo.dGmff1ÌUffi--bia!:m#v 13 (' /lo [)uringthe~ast-year;af)-all¡anGeof-buikjefs;-~oGalgovenlment&;andothers-sough-t-Ghanges-to-statelaw toredu-GeHab-i¡'¡ty-exposur-efof--GoRdominiuffi-buiklers.,-T-hebuildefsGontended-that-t-he-iiabiHtythey facedfrorn-lawsuits-OVef-BOndominiufndefeGts;-and-thediffi-GuUytheyhada-GGessi-ng.affordab-e.¡¡abHity msufan-Ge--GO\Jefa§O, '113 s 3 ct i ngasa-GisincentWe-to--Gondorninium-bui1díAg;-aAd in fi II un d e r t-he-GMA 2SSg.~536 W3S the product-of.-t-he-~ian-G&&work:--ThelegisI3tion, designed to-Bte-er more-GO~ì&putes-to-arbítr3tion without-unduly--Gompromising the legal righ-ts-of índividua~owners,pfogressed through-the-Senate-b-uhtHtimateJy, st311ed in the House-, Federal Way '.'Ii II support 2004 legislation regarding condominium liability, provided it is crafted in a way that balances the interests of all parties. . Planninq and Environmental Review Fund (PERF) In its agency-request package for the 2004 Supplemental Operating Budget, the Department of Community, Trade, and Economic Development (CTED)f&recommeflding-that.theGovefRorès-GffiGe inGltldo $1.5 million in his budget submittal to the Legisl3ture to rocapita4ærecommended the Leqislature invest $1.5 million into recapitalizinq the Planning and Environmental Review Fund (PERF). The PERF program was funded in 1995-97, but was discontinued when the state ran into economic troubles. The program provides grants to local governments that prefer planned action pre-planning of large areas so that there can be an overall land-use vision for such areas vs. a parcel-by-parcel, case- by-case view. For Federal Way, which has utilized such planning for its downtown core, PERF dollars could be put to good use. Federal Way hopes that 2004-05 interim discussions on permit processing issues will yield a recommendation on PERF funding for the 2005-07 biennial budget, and will support such a proposal if it comes forth. wiU-support an Executive bral1G-h-2004 Supplemental Budget request to recapitalize the PE-RF' fUfld, Liability Reform . Liabilitv Reform Packaqe/"Public Duty" doctrine . In 2003 and 2004, a group known as the Liability Reform Coalition worked on advancing a series of liability reform measures through the Legislature. The Liability Reform package dealt with a range of issues, such as medical malpractice costs, "joint and several" liability, and tort judgementiudç¡ment interest rates (2004 leqislation was passed on this item)., and liability An additional issue of importance to cities, counties. and the state involves what can be covered and inde,mnified as a qovernment al responsibility in the "Public Duty Doctrine" p.¡:ote-Goon for employers who -f}fovide employee reference inforrnaoon-In-good faith. Some of the legislative measures are ones-tAat-Federal Way has supported some of the liability reform pieces, includinq those that provide liability protection for employee reference information. 'joint and several' reform. and the Public Duty Doctrine amendments. However, for tactical reasons, the State Senate leadership has wanted all liability measures combined into one omnibus bill, which failed to passjn 2003 and 2004. Federal Way will support certain pieces of any 2004-2005 liability reform package, particularly i-nv-otvi-ng"""'J-heinvolving the employee reference. Public Duty Doctrine, and putting brakes on Hab+lft.y-protection on employee reference information and reforms to "joint and several" liability costs for cities. However, the City will be hesitant to advocate lar~er. omnibus bills that deal with more controversial items that do not directly affect cities. Miscellaneous Local Government Issues . Public Records Requests, Attorney-Client Privileqed Documents In a recent State Supreme Court case involvinq the Seattle Monorail. the Court upheld the riqht of local qovernments to use the attorney-client prjvileqe section of state statute to keep certain sensitive documents from disclosure, Additionally. in this case. known as the Hangartner case, the Court upheld qovernment's authority to deny records requests that are overly broad;;:md vague. Newspapers. the State Auditor's Office. and others have stated their intention to qo to the 2005 Leqislature with a bill to clarify and possibly reverse trle decision in Hanqartner. Federal Way will work with a coalition of cities. counties, ports. school districts and others in attemptinq to ensure that the decision in Hanqartner and the overall state of the Public Disclosure Act is left intact 14 fJl The city stronç¡lv believes that the attorney-client privileQe is critical when it comes to records that involve sensitive information (e.ç¡. neç¡otiations, real estate, etc.). Further, the city believes that while the overwhelming majority of public records reQuests are legitimate and well-founded, some are intentionally crafted in an overly broad and vague manner and end up as an abuse of the system that costs local governments considerable time, resources, and dollars. Additionally, the city believes there should be a higher fee on copying of public records so that local governments can achieve a cost-recovery on these requests. . Requlation of motorized scooters Federal Way is one of a number of cities that enacted local ordinances durinq 2004 to address ç¡rowing safety and noise problems associated with motorized scooters. State law provides local qovernments with the authority to requlate the motorized scooters. but at least one state lawmaker has announced his intention to sponsor 2005 legislation to make the requlations more uniform and standardized. Federal Way will join AWC and other cities in working to ensure that 2005 legislation on motorized scooters continues to provide local jurisdictions with the regulatory authority they need, while also looking at uniformity and standardization that may be helpful to cities. . Public works bid laws During the 2004 session of the Leqislature, several bills were initiated reqardinq the public works biddinq process. The bills would have made the public works bid process more onerous, more costly. and perhaps more prone to liability problems, by. for example, requirinq local qovernments to establish new "just cause" provisions for rejectinq bids. AWC, on behalf of cities. helped defeat these bills. Federal Way will join cities, counties, and ports in opposinç¡ 2005 leç¡islation that attempts to add new costs and complexities to a public works bidding process that works well under current statute. . Requirinq fee information to be included in RFQ documents proV:lded by enqineerinq firms - Federal Way will support legislation that the lakehaven Utility District expects to bring forward on this issue in 2005. The leqislation would require that consultinq enqineerinç¡ firms include fee information up-front in their RFQ submittals. . Authorizinq local qovernments to impose fees for recyclinq or discardinq of electronic and computer equipment Federal Way is prepared to support legislation in this issue area if it comes forth in 2005. Parks and Recreation . Washinç¡ton Wildlife, Recreation and Parks (WWRP) proqram fundinq in the 2005-07 Capital Budqet As it has in previous biennial capital budaet cycles, Federal Way will stronaly support retaining current funding levels for, and hopefully expandinç¡ fundinç¡ for, the Washinç¡ton Wildlife, Recreation and Parks (WWRP) proQram within the state capital budQet. The City has made Qood use of WWRP funds for parks improvements over the years. . Parks M&O needs Federal Way has had past concerns with legislative initiatives that would dilute existing capital funds for parks and allow some of those funds to be used for parks M&O needs instead. However, the City would support efforts to provide new Real Estate Excise Tax (REET) or Conservation Futures fundinç¡ where a portionofportion of the new fundinç¡ is dedicated to M&O. :rhe-City.would-t'athers-upportt'et-aining-the-v.t-%--REE+-forcapitalpurpos-es-õ . Conservation Futures fundinq Federal Way is supportive of legislation to provide counties with additional conservation futures taxing authority subject to public vote. However, such legislation should also contain formulas to apportion money in proportion to where the dollars are collected, provisions to ensure that conservation futures funds are distributed throughout a county over time, and safeguards to ensure cities have an adequate voice in the allocation of these funds. Rights-of-WaylT elecom m u n ications 15 C/8 . Federal Way will again join others in guarding against passage of legislative bills and amendments that would require public agencies to pay utility relocation costs of private entities, or would otherwise infringe on local authority to manage and control the use of the public rights- of-way. In 2003, Qwest sought to undercut that authority and set a dangerous precedent in statute, with a bill that required Sound Transit to pay all Qwest costs for relocating its facilities outside of the Link Light Rail right-of-way. +R+&-.!egislation may be back agaffi-m-2004----MGitioo-al1y, there is speculatioo thatGlympiG..Pipe1ìne-wiH-pufsuea2004-j.n-j.tiative.-t-o-feduGeÌ{JGaJauthorityoverpjpeHne-rigl1-ts-of- waySuccessful neootiations between Sound Transit and Qwest kept this from being a 2004 issue. The City will quard aqainst any 2005 leqislative proposal that may come forth. Water-Sewer District Assumption . Authority for Cities to Assume Water-Sewer Districts In the 1a&t-2004 session, Federal Way worked with the AWC and other individual city representatives to derailleqislation that Lakehaven Utility District promoted legisl3tioo-fSß 51\H) tRa-t-would have added cumbersome requirements to cities wishing to assume existing water and sewer districts. While Federal Way is not imminently seeking to assume water districts such as Lakehaven and, in fact, looks for opportunities to work in concert with the Lakehaven Utility District, the City does not want to see water- sewer assumption laws undermined. Specifically. Federal Way will work against water-sewer assumption laws that make these efforts I more difficult, cumbersome, and costly for cities. Workers' Compensation . Legislation was brouqht forward in 2003 and 2004 &im-iJ.aHoihat-\}¡:ought forward in 2003;-whiGh recalculates the way workers' compensation benefits are distributed. Such leqislation; is expected to be the subject of considerable discussion and activity again in 200§4. Businesses and employers say that the Department of Labor and Industries (L&I) already has some of the richest workers' compensation benefits in the country, and ahealth-GORtfR.genGy-.r-e&eFve.makes-aGUfFeftt~y-proposed-4g.,4.fatejnGFeaSe unfteGessaFprior rate increases were too hiqh-y. L&I says the rate increases were is-necessary and that a reduced 2003 rate hike made it-them unavoidable. Federal Way will support efforts to reform workers' compensation in a manner that addresses some of the rapidly rising cost impacts of the system on businesses and local governments. 16 Cl9 ~y of Federa~ Way 2004-2005 LeQislative AQenda II Federal Issues . Sales Tax on Cataloos, Mail-Order Sales, E-Commerce Federal Way supports congressional action allowing state and local governments to collect sales and other applicable taxes from remote catalog and internet sellers. Past judicial decision§. and a federal moratorium on Internet taxation gives out-of-state retailers an unfair competitive advantage over locally based businesses. A sales tax simplification and streamlining project that involves at least-thfee I Gœ-eftmore than 40 states, including Washington, is designed to show Congress that uniform definitions and procedures can be used to make the sales tax process as seamless as possible for "e-tailers." Federal Way supports this effort by Washington and other states. . Community Development Block Grant Federal Way supports full funding of the Community Development Block Grant program. In greater Federal Way, CDBG funds support emergency services, public safety, and community-based collaborations. Federal Way opposes efforts to cut CDBG funding and isple-asedthaHheF-Y-2004 appr-opriati.ons-pr.{).cess kept-level GDOO.-fundinghas urQed the state's ConQressional Delegation to reverse a House Subcommittee decision to reduce FY 2005 fundinQ levels,;~ . COPS & Local Law Enforcement Block Grants Since their inceptions in 1994 and 1996 respectively, the COPS grants and Local Law Enforcement Block Grants have been important sources of revenue for the City of Federal Way's public safety efforts. The COPS Universal Hiring Program and COPS MORE programs provided roughly $2.3 million and 28 police officers to Federal Way's new police department. In addition, the city has received nearly $500,000 from LLEBG. Federal Way supports maintaining federal COPS grants and Local Law Enforcement Block Grants, which provide valuable public safety funding to cities. Similarly, the City strongly opposes efforts to cut and consolidate COPS and LLEBG funding. . Transportation Equity Act for the 21 st Century (TEA-21) Federal Way supports reauthorization of the Transportation Equity Act for the 21 st Century (TEA-21) and efforts to streamline the re~ulation of funded projects. In addition, the City has submitted the Triangle Interchange and 348 h Street projects for inclusion in the TEA-21 "High Priority Projects" (HPP) demonstration funding category. . Land and Water Conservation Fund Federal Way strongly supports full funding for the Land and Water Conservation Fund and its stateside component to support the acquisition, construction, and repair of recreation and park facilities. The City was pleased to see the FY 2004 appropriations process continue funding for the stateside program. . Homeland Security Fundinq Federal Way supports funding for homeland security and is doing its part to keep local communities as safe and secure as possible. However, the City urges Congress, in any measure~ for provision of homeland security funds, to distribute those funds as directly as possible and to consider funding for training and overtime costs that will occur. /\irport Communities Coalition Þedefal \^!ay seeks support and assistance from its congr~Ral-~ation in pressing for a fuU--am:i impartial review of Port of SeattJ.e-thH'd run'Nay project r~mits-by federal regulatory ag.ern;+es-. 17 CVJ ~y of Federa! Way 20042005 Legislative Agenda 1/ Legislative Policies . Home Rule The City of Federal Way strongly supports the adoption of a constitutional home rule amendment that would guarantee decision-making authority for local matters at the local level. The City also urges the Legislature to refrain from enacting legislation that adversely impacts the concept of local self- government or restricts the ability of cities and towns to exercise existing powers and authorities. As an example, hotel/motel industry stakeholders have previously promoted initiatives to qive non-unelected Lodqinq Tax Advisory Committee members authority to trump the decisions of local elected officials- somethinq cities successfully opposed. The City also believes the Legislature should affirm the home rule authority of cities, counties, and regional bodies to retain locally enacted and locally voted taxes and fees, a principle eroded by Initiative 776, which sought to repeal a regional transit authority funding ~ource approved by voters and repealed did repeal a $15 vehicle licensing fee enacted by four counties-. I . Broad-based Authority to Utilize Cost-Effective and Flexible Policies Federal Way supports state legislative efforts to establish broad-based, cost-effective policies for local government structure, financing, and service delivery systems, combined with adequate flexibility for local governments to adapt their structures, finances, and service delivery systems to unique local conditions. These efforts must be focused on eliminating duplicate services and preserving local control over service delivery. The City also supports legislation that enhances local flexibility to address issues of local concern. . Opposition to Unfunded Mandates or Inadequately Funded Mandates As directed by provisions in Initiative 62 (RCW 43.135.060) and subsequent Initiative 601, Federal Way strongly urges the Legislature, state agencies, and courts not to impose financial or operating burdens on cities unless such mandates are accompanied by the full financial resources necessary to aGGommodate-.compliaR-Geimplement them. The City opposes legislation which mandates increased local costs or which results in an inappropriate diminution of local authority over local affairs. . Local Government Fundinq and Tax Policy Federal Way strongly supports the creation of a permanent, ongoing funding source to address the needs of cities, counties, and other local government entities in the aftermath of the elimination of the Motor Vehicle Excise Tax (MVET). The City also believes current taxing and revenue authority must be protected and not undermined, as has been attempted in recent years with efforts to remove business licensing fee authority. The City also believes municipalities should be authorized to seek a simple- majority voter approval - rather than the current 60% threshold in state law - for bond measures to seek-VO-ìe¡:.approvalf-oran..e-xGeSS-pfOpe¡:ty-té*-ievyto-fund debt service on capital facilities projects contained in an adopted Capital Facilities Plan or Transportation Improvement Plan. The bonGS would beuAJimìtedgeAefalobIìgatìonsof-.tRe-Gily-and--appro-vedbyasìmple-maj-orìty.:-Furth er, th e City suggests that future Legislatures examine the advisability of a policy that places a sales tax on infrastructure investments, such as parks and cultural arts facilities. Finally, the City believes the state should be obligated to share sales tax non-remittance penalties with local governments, in the same manner that it distributes collection of incoming sales tax. . Transportation The City of Federal Way strongly believes the State of Washington must maintain primary responsibility over the funding and maintenance of the state's transportation system, and that mechanisms such as regional transportation financing should never be used as more than a supplement to the state system. 18 CZ-,I The City strongly supports ongoing local funding assistance and distribution in any state transportation financing efforts, as well as funding of multiple modes of transportation. The transportation system must operate as a whole, with each part of the system receiving equatfundìn€}focusfundinq. I . Economic Development. Infrastructure, Parks Open Space In an era when citizens are wary of increased taxes and fees, the City of Federal Way strongly supports legislative initiatives that provide cities with increased economic development tools capable of growing local economies and the local job base, thus providing increased revenue for local government operations and key services. Federal Way believes that in structuring economic development programs, the state should place equal emphasis on job retention and job creation, refraining from policies that provide a preference for one over the other. The City also strongly supports legislative initiatives and funding to protect and enhance parks and open space, and legislation that ensures reliable and dependable funding for infrastructure in general. The Public Works Trust Fund (PWTF), one of the state's best infrastructure funding sources, should be protected, not diverted, and should not be required to incur a legislative approval process that results in delays, missed construction windows, and increased costs. . ESA. Water Resources. Flood Prevention The Endangered Species Act is essentially an unfunded mandate from the federal government. In addressing the ESA and specifying requirements for local governments, the state should provide funding without exacerbating the unfunded mandate nature of ESA. Providing local governments with meaningful input and flexibility to address their unique local conditions is also critical. Federal Way supports continued state financial assistance for water supply, groundwater, stormwater, and surface water facilities, which are important in complying with state and federal water quality standards. The City also supports the authority of water districts to manage their systems, have the tools they need to address current and future supply demands, and participate in regional planning as appropriate. Finally, given the number of flood-prone areas in Federal Way, the City strongly supports and urges comprehensive flood damage prevention planning accomplished at the local level as a partnership among impacted cities, the county, state, and affected area interests. Each flood prone area is unique and should be planned for accordingly. . EnerQV & Telecommunication: Federal Way strongly supports maintaining the authority of local governments to manage their publicly owned rights-of-way, and opposes efforts to pre-empt or diminish that authority. The City supports maintaining the requirement that private utilities bear the costs of relocating their facilities within city rights-of-way, and that local governments may charge a fee to wireless telecommunications providers seeking to locate facilities in rights-of-way. On electric industry deregulation, Federal Way supports provisions to ensure service is available at affordable and reasonable prices, that providers pay their fair share of taxes, and that local governments continue to manage industry facilities within the rights-of- way. The City also urges that in any electricity deregulation, state law should require out-of-state electricity providers to collect state and local utility taxes on services provided to in-state customers. . Land-Use and Permittinq Issues, Includinq Growth Manaqement. Shorelines. Critical Areas, Comprehensive Plans The City of Federal Way endorses the Growth Management Act (GMA) as an essential and responsible planning tool, and supports the land-use and permitting framework that includes the State Environmental Policy Act (SEPA), local comprehensive plans, shoreline plans, and critical areas ordinances. However, the GMA and other land-use requirements pose funding and timing challenges for local governments. Federal Way urges the Legislature to assist local governments in meeting these challenges by ensuring adequate and ongoing funding, providing sufficient time for refinements and updates of plans, and coordinating, simplifying, and streamlining existing plans and Acts. One example of simplicity and flexibility is to allow technical amendments to comprehensive plans more than once a year. The City also believes in ultimately eliminating state-level shoreline use permits and elimination of Boundary Review Boards as an outdated, obsolete function. Federal Way supports legislative initiatives requiring Growth Management Hearings Boards to defer to local decisions, policies, and processes. The City supports practical solutions to private property issues and disputes, including regulatory reform, in a manner that does not alter the constitutional definition of takings, does not place an undue financial burden on taxpayers, or diminish local governments' ability to protect the public health, safety 19 C-/ l ?-' and welfare of their communities. Finally, the City supports legislative initiatives that ensure Forest Practice permits issued within city limits or designated urban growth boundaries be subject to the same local government review process now provided for consideration and issuance of Class IV Forest Practice permits. Alternatively, cities should be allowed to adopt and enforce land clearing, significant tree protection, and related issues for Class II and III forest permits. . Social and Human Services, Housinq, and Public Health Federal Way supports maintenance and adequate funding of human service programs, including those that may be delegated to the state from the federal government. Any legislative action delegating federal authority should ensure appropriate local government input into development of block grant dispersal regulations or procedures and development of any new processes to assist or support low- income, high-need populations. The City supports a dedicated capital and ongoing funding source for affordable housing that is acceptable to developers, realtors, and state and local government. Such funding should be integrated into the larger social services system that supports families living in affordable housing. Federal Way also strongly supports continued state funding for public health services, and believes County Boards of Public Health should provide representative seats for city officials. . Youth Issues and Juvenile Offenders Federal Way supports legislative initiatives that enhance funding to local governments to initiate and expand youth services, especially for youth violence reduction programs. The City supports enhancing the Department of Social and Health Services' (DSHS) ability to enforce day-care licensing requirements, improve services for daycare providers, and ensure accessibility to childcare for all citizens. The City supports funding for programs designed to prevent child abuse and neglect. Federal Way also supports efforts to make parents more accountable for children who are juvenile offenders, and any initiatives to provider stronger sanctions for chronic, persistent offenders, as well as greater court discretion to impose detention or secure treatment where warranted. . Law Enforcement, Criminal Justice, Emerqency Services Federal Way opposes legislative initiatives to remove authority and discretion for local law enforcement agencies to provide local and specialized services for their citizens. The City also opposes efforts to transfer incarceration responsibilities from the state to localities without additional funding. The City supports flexibility for police officers to enforce the state's laws anywhere in the state, better enabling officers to assist with incidents outside a city's borders and easing liability concerns. Further, given rising costs and increasing public demands in public safety and criminal justice, Federal Way strongly supports legislative initiatives to assist cities and counties with full cost recovery for items such as incarceration, driving while intoxicated (DWI) convictions, and witness costs. The City also supports measures to strengthen DWllaws, such as defining a third offense as a 'felony'. Federal Way supports court admissibility of radar speed-measuring devices. Federal Way strongly supports maintaining and enhancing the emergency 911 system and opposes the unnecessary creation of non-emergency communications systems suggested in the past, such as E-311. The City also opposes, as costly and unnecessary, any leqislative initiatives to mandate that aJI criminal interroqations be videotaped. . Municipal Court Oversiqht and Local Authority Federal Way appreciates the need to achieve greater efficiencies in the state's court system, but strongly opposes any effort to eliminate local authority and budget/personnel oversight over Municipal Courts that have been used to control costs and increase local flexibility. The City opposes any new unfunded responsibilities placed on the local court system, and any initiatives that require increased remittance of district and municipal court revenues to the state. Federal Way opposes efforts to pl3ce new e I eGtìon-aAd-fu-II-tiffie--stak:1&fef-U+FefRemS-{)f!-¡}aft-time-~~The-Gìty suwefts fA-G¡:eased~~t-Gomffi.i.sskme¡:s. ;-pr~mfS &ìoAers-wìth. .the-same authoFj.ty.prov:iGeG-IDMUA~.(;{)urt judges. Federal Way further supports clarifying Municipal Court authority to hold sessions outsíde of city limits under certain circumstances. Finally, Federal Way urges legislative attention and focus to reducing local liability in operating misdemeanor probation and pre-trial release programs. 20 CZ-3 . Gamblinq and Liquor Control, Adult Entertainment and Retail Federal Way supports legislative initiatives that provide cities with more direct involvement in the commercial liquor license and card room application processes, along with enhanced public hearing, public input, and written comment authority. Federal Way opposes the expansion of non-Tribal gambling. The City supports confirming local government zoning authority over the location within a community of gambling establishments. The City supports the idea of model ordinance authority consistent with provisions of adult entertainment ordinances upheld by the courts. Federal Way also supports increased authority for local governments to minimize secondary impacts of adult retail establishments by adopting strict requirements for location and hours of operation. . Public Works: Biddinq, and Contractinq: Federal Way supports increasing the dollar threshold for small public works projects and exempting such projects from the state's definition of public works projects. The City supports continued streamlining and flexibility of laws and regulations governing the bidding process, including raising the ceiling of small works roster projects. On recycling, Federal Way opposes legislative and other efforts to fund countywide solid waste by allowing counties to collect a fee directly from customers of city franchisers. . Personnel, Labor, and Contractinq/Waqe Issues: Federal Way supports civil service reform allowing cities to streamline hiring processes, diversify workforces, and recruit, retain, terminate and reward employees. The City strongly supports changes to the binding interest arbitration statutes, introducing factors such as a city's financial ability to meet contract costs, local labor market conditions, and internal equity with other city employees. The City also supports mandating final offer arbitration. Concerning prevailing wage, Federal Way supports legislation clarifying that maintenance activities performed through contract are exempt from prevailing wage requirements, as is maintenance work performed by regular employees. . General GovernmenUGovernmental Operations Federal Way supports the rights of citizens to access the records and operations of their local government, but urges that full cost recovery be allowed on records retrieval. The City supports eliminating an outdated requirement that interlocal agreements be filed with county auditors, since agreements are recorded with all governments that are signatory to such an interlocal. F-et!eral 'Nay supports 311owing advisory boards to provide anaJysis and input to City Councils on ba#øt-propositions, and recom~at cities be allowed to take 3 position on such propositions. The City further supports standardizing voter registration maintenance costs to local governments in a manner that accurately reflects the cost of maintaining such records. . Buildinq Code Council Federal Way supports continued State Building Code Council jurisdiction over building-related codes and other codes now under its jurisdiction. . Tort Reform Issues: Federal Way supports any legislative initiatives to clarify that a defendant should not be mandatorily I required to join all potential "at fault" entities into litigation or risk losing the ability to apportion fault to the third party(s). Any move to the contrary would inappropriately shift the burden of proof from the plaintiffs to the defendant in proving fault. 21 CLL{ MEETING DATE: November 16, 2004 .I~E:# ~~ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2004-2005 Diversity Commission Business Plan CATEGORY: BUDGET IMPACT: [8] CONSENT D RESOLUTION D CITY COUNCIL BUSINESS 0 ORDINANCE D PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0.00 $0.00 $0.00 ATTACHMENTS: PRHSPS staff report. ......................................................... ..................................... SUMMARYIBACKGROUND: See attached PRHSPS staff report. .............................................................. ............................. CITY COUNCIL COMMITTEE RECOMMENDATION: Forward the 2004-2005 Diversity Commission Business Plan to the full City Council on November 16,2004 with a do pass recommendation. ................................. PROPOSED MOTION: "I move to approve the 2004-2005 Diversity Commission Business Plan." ........................................................................ ~- ............................................ CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED D DENIED 0 TABLED/DEFERREDINO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 5.A CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: October 5,2004 David M~ager Bryan Cooper, Chair, Diyersity Commiss~~ Derek Matheson, Assistant City Manage~ Via: From: Subject: Diversity Commission Business Plan 2004-2005 Back2;roun d: Attached is a copy of the 2004-2005 Diyersity Commission Business Plan as approyed by the Commission at its September meeting. Per City Council direction and the Diyersity Commission's bylaws, the Commission is presenting the plan to the City Council for approyal. This year's business plan calls for management of the Martin Luther King, Jr. celebration, staging a "Community Night" cultural eyent, proyiding culturally diyerse books to public and/or school libraries for the enrichment of young readers, deyelopment of a program to assist the Federal Way School District in its efforts to address the minority achieyement gap issue, continued long-range planning for an International Festiyal to be held in conjunction with the opening of the City's new community center, sending representatiyes to yearly diyersity training sessions for City employees to observe training practices, periodic attendance and reporting at City Council meetings, inyiting guest speakers to address the Commission on releyant community issues, and continuing the Commission's public relations efforts yia all media forums. A Commission representatiye will be present to proyide an oyerview of last year's accomplishments and this year's proposed projects. Committee Recommendation: Forward the 2004-2005 Diyersity Commission Business Plan to the full City Council on Noyember 16, 2004 with a do pass recommendation. .. APPROVAL OF COMMITTEE 6~ t\~\ Purpose: Mission: Members: Goals and Projects: FEDERAL WAY DIVERSITY COMMISSION BUSINESS PLAN 2004-2005 Advises the City Council on policy matters involving the community's cultural and ethnic differences, ensuring that these differences are considered in the decision-making process. To help Federal Way become a community which is united amidst diversity, where each individual is respected, equally valued, equally needed and equally cherished. Equality is not sameness, it is equivalent value. Bryan Cooper (Chair), Ron Walker (Vice-Chair), Carolina Lucero, Antwan Tinsley, Teresa Camacho, Diana Gonzalez, J. Lee Cook, Dorry Peterson, Keith Schenkel; and Jacqueline Piel, Dawn Williams, and Jason Weichert (Alternates). Events Manage the 2005 Martin Luther King, Jr. Celebration. (January 2005) Organize a "Community Night" event featuring the foods, traditions, and entertainment of the Pacific Islander cultures of Hawaii, Samoa, and the Philippines. (October 2004) Continue long-range planning for an international festival to coincide with the opening of the city's new community center. The Commission will coordinate with the City's Parks Department on the project and update the Council Committee on a quarterly basis. (Ongoing) Education Assist school district with minority achievement gap issue. (Ongoing) Provide culturally diverse books to public and/or school libraries for enrichment of young readers. City Council will be advised as to which schools are chosen to receive books. (Yearly) Training Send representatives to yearly diversity training sessions for City employees to observe training practices (Spring 2005) Public Relations Promote commission programs and diversity through all media forums, including local and ethnic newspapers, Channel 21, City Update newsletter, A WC's "In Touch" Magazine, school assemblies, Speakers' Bureau, website, commission brochure, and event attendance. (Ongoing) Attend City Council meetings periodically to increase Commission involvement and give visibility to the Council and community. (Ongoing) Arrange for guest speakers at meetings to address community issues. Invite community members to attend these meetings. (Ongoing) Ç\-L MEETING DATE: November 16, 2004 ~TEM# Y"- ~J CITY OF FEDERAL WAY City Council AGENDA BILL SlJßJECT: 2004-2005 Youth Commission Work Plan CATI<:GORY: HlJDGET IMPACT: [2] CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTH I~R Amount Budgeted: Expenditure Amt.: Contingency Req~d: $ $ $ ATTACHMENTS: Committec action form dated Octobcr 29, 2004; Youth Commission Work Plan SUMMARY/BACKGROUND: The Youth Commission held a special meeting in Octobcr to develop a work plan for the 2004-2005 school year. A copy ofthc Work Plan is included for Council Review. CITY COUNCIL COMMITTEE RECOMMENDAnON: Motion to recommend to Council a "do pass" to accept the 2004-2005 Youth Commission Work Plan and placc before Council on November 16,2004. I)ROI)OSED MOnON: H] movc approval of the Youth Commission 2004-2005 Work Plan as presented." CITY MANAGER AI)PROV AL: ~- u_- --- --- ---- --- ------ --- u_------- ----- ---_._----~-~---~--- -- --_.~ .__.._~----- (BELOW TO BE COMPLETh'J) BY CITY CLERKS OFÞ1CE) COUNCIL ACTION: 0 AI)PROVED 0 })I{NŒD 0 TABLE])!DE~'ERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 S1' reading Enactment reading ORDINANCE # RESOLUTION # -- ------ -----~_.- ----------- ---- ~._~ -_.------------ ._---.------ ------.---..-- - --~------~ REVISED -- 05/10/2001 5.5 CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: Subject: CC: October 29, 2004 PRHSPS Council Committee Dayid MOS~ Manager Aaron Moe, Recreation Coordinator 2004-2005 Youth Commission Work Plan Donna Hanson, Parks, Recreation and Cultural Seryices Director Mary Faber, Recreation and Cultural Services Superintendent Background On October 27,2004, the Youth Commission held a special meeting to develop a Work Plan for the 2004-2005 school year. The list of actiyities and eyents and their tentative schedule is listed as follows: 1. TUNE Nights - (Noyember, February, May) 2. Adopt-A-Family (mid-December) 3. City-Wide Talent Show (March 31) 4. Teen Art Expo (March-April) 5. Youth Recognition Night (April) 6. Battle of the Bands - (August) 7. Teen Car Show - (May) 8. Special Eyents Coordination/Participation - includes: MLK Day, Fall Camiyal, Teen Flashlight Egg Hunt, Festiyal Days, High School Drags, Relay for Life, Adopt-a- Beach, Red White & Blues Festiyal, and Jingle Bell Brunch. (throughout year) Discussion This work plan is similar to the Youth Commission's 2003-2004 work plan with the exception of the Teen Car Show, and an interest among this year's commission to become more inyolyed with the High School Drags, Festival Days, and Relay for Life. Staff Recommendation Motion to recommend to Council a "do pass" to accept the 2004-2005 Youth Commission Work Plan and place on the Noyember 16 Council agenda for approyal. ß-\ MEETING DATE: November 16, 2004 ITEM#. ~W CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Centerstage Theater Conservatory Lease of Space in the Steel Lake Annex CATEGORY: HIJDGET IMPACT: ~ 0 0 CONSENT RESOLUTION CITY COIJNCIL ßIJSINESS 0 ORDINANCE 0 I)UBLIC HEARING D OTH KR Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ A TTACHMENTS: Committee action form dated November 8, 2004; Centerstage Theater Conservatory Lease of Space in the Steel Lake Annex SUMMARY/BACKGROUND: Centerstage Theater Conservatory has requested to lease space on the second floor of the Steel Lake Annex, beginning in January 2005. The Annex is currently used as a pre-school education facility. It has been used as an office space for recreation staff prior to the opening of the K1ahanee Lake Community Center. Leasing space to Centerstage would have no direct impact on current services as no classes are scheduled in the space requested. Centerstage is in the process of re-organization and is interested in reducing expenses. The Arts Commission reviewed the request to lease space at the Steel Lake Annex at the October meeting. Staff recommendation: Authorize staff to draft a lease agreement for use of 162 Square feet of space at the Steel Lake Annex by Centerstage Theater Conservatory for office space for a $ 1 2.00 per square foot annua11y. CITY COUNCIL COMMITTEE RECOMMENDATION: Forward option 1 to the fu11 City Council for approval on consent agenda on November 1 6,2004. PROPOSED MOTION: "] move to authorize staff to draft a lease of space agreement with Centerstage Theater Conservatory at the Steel Lake AnncxFacility." (:Il'~ M~~~G~I~~P~OV~I": ?~ ... ==-= (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) C01JNCIL ACTION: 0 0 0 0 AI)I)ROV~:D DENIED TAßLED/DEFERRED/NO ACTION MOVED TO SECOND READING (ordinances only) COIJNCIL BILL # ST l' reading Enactment reading ORDINANCE # RESOLUTION # -~~u_--~---- -- ~ ----- --- ----_u_- -- --- --- -- -~ --------~---~-------~----_u~ REVISED -- 05/10/2001 5.£"" CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT __n_____~----~----------- ---- ----- --- -------- DATE: TO: Noyember 8, 2004 VIA: FROM: Parks, Recreation, Human Services and Public Safety Dayid M~y Manager Mary Faber, Recrea60n and Cultural Services Superintendent SUBJECT: Centerstage Theater Conservatory Lease of Space in the Steel Lake Annex Policy Question Should the City enter into a lease agreement for office space with Centerstage Theater Conservatory at the Steel Lake Annex? Background At the March 2004 PRHSPS Committee meeting staff reported that Centerstage Theater Conservatory had requested use of space at Dumas Bay Centre or Knutzen Family Theatre for office space and small rehearsal space. At the time of the report to Council Committee, the Arts Commission was working with Centerstage to understand their needs and also assess the impact to the current business plan and programs held at Dumas Bay Centre and the Knutzen Family Theatre. Some of their concerns were the lack of appropriate space and access to utilities for deycloping another office at the Centre and impacts to on-going programs and services. The Commission asked staff to research other city facilities and report back to the Commission. Staff toured Centerstage through the second floor of the Steel Lake Annex. The Annex is currently used as a pre-school educa60n facility. The main floor is the classroom area the second floor is used as a play space, storage and work preparation area. It is not ADA accessible and the City is not able to program the space for public use. It has been used as an office space for recreation staff prior to the opening of the Klahanee Lake Community Center. Leasing space to Centerstage would haye no direct impact on current seryices as no classes are scheduled in the space requested. Therc would be some impact to the pre-school program as a work room would be lost and more people would be in the building in a yery small space. The area requested has phone and computer access. Centerstage deternlined that the current facility met their needs better and renewed their lease. This fall, Centerstage met with staff and the Arts Commission and requested to lease space on the second floor of the Steel Lake Annex, beginning in January 2005. Centerstage is in the process of re-organi zati on and is interested in reducing expenses. The Arts Commission reyiewed the request to lease space at the Steel Lake Annex at the October meeting. They approved the request with the following recommendations: E -\ . . . Staff will work with finance to estabhsh a reasonable rate based on type of use and condition of faci1ities with an emphasis on proyiding a low cost option for Centerstage. Deyelop a lease that outlined use for an office space with no general pub1ic access for ticket sales. (All sales would be handled yia internet, mail or will call to avoid excess traffic in the building and reduce security issues.) Deyelop a lease agreement with the legal department for an annual renewal out1ining fees, including leasehold taxes and insurance and guidelines for use. The agreement should include language that the City is not responsible for any tenant improvements and phone and computer access fees but will be responsible for electrical, water and cleaning. Retail space is currently leased at $19 per square foot annually and up, non-commercial retail (warehouse, unimproyed) space is currently leased at approximately half that rate, beginning at $9.50 a square foot annually. The space at Steel Lake Annex would provide access to basic utilÜies (phone and computer access charges would be the responsibi1ity of Centerstage) and office space. Based on the use of conditions of space, use of space and the fact it would not have a negatiye impact on the business plan staff is recommending $ 1 2.00 per square foot annually. The square footage ayailable is approximately 1 62 square feet ($1,944 ). Options 1 . Authorize staff to draft a lease agreement with Centerstage Theater for use of space on second floor of the Steel Lake Annex for 12.00/sq foot annually wÜh the proyision that 'Centerstage is responsible for any leasehold taxes, insurance, tenant improvements and and computer access fees. . This is a new source of revenue for the City, this space is currently used as a work room storage space. There will be additional utility fees for increased electrical and water use. Storage space will need to be re-located to another city facility (no additional expenses). There will be some impact to pre-school programs as people enter and exit buildings. There will be some impact to Centerstage from the actiyity and yolume of pre- school education classes. . . . . 2. Decline the request from Centerstage Theater to lease space at Steel Lake Annex. . This would c1iminate the new source of revenue for the City. There would be no need to re-locate storage and workroom areas. There would be no impact to pre-school education classes. . . 2 E-2- ~~ 'J.- ~ Staff recommendation \\ø Authorize staff to draft a lease agreement for use of space at the Steel Lake Annex by Centerstage Theater Conservatory for office space for a $12.00 per square foot annually. Committee recommendation Forward option I to the full City Council for approyal on consent agenda on Noyember 16, 2004. APPROVAL OF COMMITTEE Ó~~~. Yo mittee Chair C /' 3 ~-5 MEETING DATE: November 16, 2004 ITEM# T C J CITY OF FEDERAL WAY City Council AGENDA BILL SlJUJECT: Amlstrong Property Park Name CATEGORY: BUDGET IMPACT: ~ 0 0 CONSENT RESOLUTION CITY COlJNCIL BUSINESS 0 ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Committee action form dated November 8, 2004; Armstrong Property Park Name SUMMARY/BACKGROUND: The Park and Recreation Commission was tasked with recommending a name for the property referred to as Armstrong Park. On April 1 st, a public meeting was held to review names submitted by the public for this neighborhood park development. Citizens in attendance also submitted suggested names that evening. The commission reviewed the names submitted prior to and at the public meeting. A list of options was compiled and reviewed by the commission. The name they have unanimously recommended for the property is "Madrona Park". This was chosen because of the abundance of Madrona trees on the site and the close proximity of the Madrona Meadows subdivision. This reasoning aJigns with the criteria described in Resolution 91-57. CITY COUNCIL COMMITTEE RECOMMENDATION: Forward the recommendation to adopt "Madrona Park", as the name to be given to the neighborhood park being constructed on the Armstrong property, to the fu11 City Council for approval on consent agenda. I)ROPOSED MOTION: "} move approval of Madronna Park as the name to be given to the neighborhood park being constructed at the Armstrong Property." ~TY MANAGER AP:R~V:~~ .~ ~ . -- -c _.~ -~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE] COUNCIL ACTION: 0 0 0 0 APPROVED DENIEn l' ABLED/DEFERRED/NO ACTION MOVEn TO SECOND READING (ordinances only) COUNCIL BILL # 81' 1 reading Enactment reading ORDINANCE # RESOLUTION # ---------------- --~--~------ ~- --~ ------ REVISED - 05/10/2001 S/~ CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT MEMORANDUM DATE: TO: November 8, 2004 SUBJECT: Parks, Recreation, Human Services, and Pub1ic Safety Committee David MO~anager Kurt Reuter, Park Operations Superintendent Armstrong Property Park Name VIA: FROM: -------- ------------ Po1icy Questioll Should the City Council accept the Parks and Recreation Commission's recommendation to name the neighborhood park being constructed on the Armstrong property, "Madrona Park"? Background The Park and Recreation Commission was tasked with recommending a name for the property referred to as Armstrong Park. Armstrong was the name of the previous owner of the property and has been the name used to reference the property to date. On April 1 S\ a pub1ic meeting was held to review names submitted by the pub1ic for this neighborhood park development. Citizens in attendance also submitted suggested names that evening. The commission reviewed the names submitted prior to and at the pub1ic meeting. A list of options was compiled and reviewed by the commission. During their discussions they reviewed Resolution 91-57, (attached) which sets forth the po1icies and criteria to be followed when naming city parks and faci1ities. Applying these criteria to the names that were submitted via the pub1ic process, it became evident that none of the names met the standards described in the resolution. They decided to take no action at that time as some of the names were being considered for other locations. Once these other issues were resolved, they again began the task of deciding on a name to recommend to the council committee. The next step undertaken by the commission involved the formation of a sub committee to examine this issue and report back to the full commission with a recommendation. The sub committee gave their report at the October 7, 2004 commission meeting. The name they have unanimously recommended for the property is "Madrona Park". This was chosen because ofthe abundance of Madrona trees on the site and the close proximity of the Madrona Meadows subdivision. This reasoning a1igns with the criteria described in Resolution 91-57. Staff recommendation Accept the name of "Madrona Park" as recommended by the Parks and Recreation Commission. G,~\ Committee recommendation ~._- Forward the recommendation to adopt "Madrona Park", as the name to be given to the neighborhood park being constructed on the Armstrong property, to the full City Council for approval on consent agenda. APPROVAL OF COMMITTEE ". .~~.v 0 mittee Chair 2 ~-2. RESOLUTION NO. ljl-.'Ji COpy A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDER~L WAY, WASHINGTON, RELATING TO PARKS AND PUBLIC FACILITIES, CREATING A POLICY AND PROCEDURE FOR NAMING/RENAMING CITY PARKS AND t:'_:'CTI}TT-¡:-~. _..------- --------- -----------~-"--------~---' --_u_--.---- __d m_n.._- - .. .. ----..--..----.-- ----~-- WHEREAS, the City Council may have occasions to name or rename City parks and other City facilities; and \ŒEIŒAS, it is apprúp:riète to est:ablish criteria ?i1Ô procedures for the official naming/renaming of city parks and other facilities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY 0: FEC:::RJ:!.L h'AY, \';Þ.SHINGTON I DOES HEREBY RESOLVE AS FOLLO~S: Section 1. A. The naming/renaming of city Parks and other City facilities shall only be in accordance with the procedures and criteria set forth below. Once adopted, name changes should only occur on an exceptional basis. B. The following criteria shall be considered: 1. Neighborhood or geographical identification; 2. Natural or geological features; 3. Historical or cultural significance; 4. The individual or entity who has donated substantial monies or land or has been otherwise instrumental in the acquisition of the property. 5. The articulated preference of residents of the neighborhood surrounding the public facility. ~<~ c. 6. Facilities living be named for shall not persons; however, exceptions may be considered when a s i gni f icant contr ibution of land or money is made and the donor stipulates naming the facility as a ccndi~ic~ of ttc ~c~aticn cr when an unusually outstanding public service would so justify. The follo'wing shall íollo'v;ed for procedures be naming/renaming of city parks and other city facilities: The city shall solicit suggestions for names 1. Îrom organizations individuals. ldl and suggestions, solicited or whether independentlyofferedr shall be acknowledged and recorded by the city. 2. The city Council, following review and recommendations and public meetings by the city Council its designeer shall and/or determine the name for City parks and other City facilities. 3. There shall be a lapse of at least twelve (12) months between the date of the death of the person(s) or of the event commemorated and the issuance of the final Committee recommendation of the proposed park name. -2- b-L-\ RESOLVED by the City Council of the City of Federal Way, this 2nd day of April , 1991. CITY OF FEDERAL WAY MAYOR, DEBRA ERTEL .l\TTEST: Þ/e/ ,h. ,Ii ¡~~ «A y-'TY CLERK ,-liAUREEN. M. SWANEY,) CMC APPROVED AS TO FORM: -~ . J / ,1~'--:'~ ..///':, .i C}TY ATTORNEY, SANDRA- DRISCOLL FILED WITH THE CITY CLERK: March 29, 1991 PASSED BY THE CITY COUNCIL: April 2, 1991 RESOLUTION NO. 91-57 911254 -3- C. ':"\ - .5 MEETING DATE: November 16, 2004 ITEM# ~~~j CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: HUMAN SERVICES COMMISSION APPOINTMENT (unexpired term) BUDGET IMPACT: CATEGORY: [8J CONSENT 0 RESOLUTION D CITY COUNCIL BUSINESS D ORDINANCE 0 PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: None SUMMARY/BACKGROUND: As a result ofthe resignation of Human Services Commissioner Keri Newport on November 3, 2004, it is necessary to name a replacement for her unexpired term through January 31,2006. During the last interviews, Nancy Robertson was selected as the first alternate for future appointments. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A PROPOSED MOTION: I move the appointment of Nancy Robertson as a voting member of the Human Services Commission, to fill the unexpired term of Commissioner Keri Newport through January 3],2006. (The City Clerk will arrange for introduction and presentation of the appointment certificate for the new appointee at the December ih regular meeting) CITY MANAGER APPROVAL: . ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D D D D APPROVED DENIED T ABLED/DEFERRED/NO ACTION MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 MEETING DATE: November 16, 2004 ITEM# ~ (iJ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Appointment of City Representatives to Metropolitan Solid Waste Management Advisory Committee CATEGORY: BUDGET IMPACT: ~ D D CONSENT RESOLUTION CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ A TT ACHMENTS: Memorandum to the Finance, Economic Deyelopment & Regional Affairs Committee dated October 26, 2004. SUMMARYIBACKGROUND: In July 2004, the King County Council approved Ordinance #14791, which provides direction on regional solid waste-related planning, including fonning the Metropolitan Solid Waste Management Advisory Committee (MSWMAC). The role of the MSWMAC is to advise the County Executive, County Council, and Solid Waste Interlocal Forum (which resides within the Regional Policy Committee) on all solid waste management issues. All cities with interlocal agreements participating in the County solid waste system have been asked to appoint representatives to the MSWMAC, and notify the County of appointments by December 1, 2004. Cities have sole discretion on whom to appoint to the MSWMAC, and may change appointments at any time. To date, six cities have appointed representatives to the MSWMAC, designating various sets of elected officials and/or staff alternates. Because the MSWMAC has the potential to substitute for the Regional Policy Committee as the designated Solid Waste Interlocal Forum, staff recommends that at least one elected official be appointed to the MSWMAC. In addition, staff intends to continue involyement in related technical issues that will come before the MSWMAC and require city input, which will include participation in all MSWMAC meetings. Therefore, a staff level MSWMAC appointment as an alternate is also recommended. This would provide the City with the greatest flexibility to meet the MSWMAC's changing agenda. CITY COUNCIL COMMITTEE RECOMMENDATION: At its meeting, the Finance, Economic Development & Regional Affairs Committee made the following recommendation: Forward approval of the proposed appointments to the Metropolitan Solid Waste Management Advisory Committee for action on the NoT/ember 2, 2001 November 16, 2004 City Council Consent Agenda with a recommendation for adoption. The Federal Way City Council representative will be Deputy Mayor Linda Kochmar. The alternate will be the Federal Way Public Works Director or designee. PROPOSED MOTION: I move to appoint Deputy Mayor Linda Kochmar as the City Council's representative to the Metropolitan Solid Waste Management Advisory Committee. I further move to appoint the Public Works Director or his designee as the alternate to this committee. CITY MANAGER APPROVAL: -7f{i£ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REYISED - 05/10/2001 CITY OF FEDERAL WAY MEMORANDUM Date: To: October 26, 2004 Finance, Economic Development and Regional Affairs Committee David H. MO~anager Rob Van Orsow, Solid Waste & Recycling Coordinator <îLV~~ø-....../ Appointment of City Representatives to Metropolitan Solid Waste Management Advisory Committee Via: From: Subject: BACKGROUND: In July 2004, the King County Council approyed Ordinance #14791, which provides direction on regional solid waste-related planning, including forming the Metropolitan Solid Waste Management Advisory Committee (MSWMAC). The role of the MSWMAC is to advise the County Executive, County Council, and Solid Waste Interlocal Forum (which resides within the Regional Policy Committee) on all solid waste management issues. All cities with interlocal agreements participating in the County solid waste system have been asked to appoint representatives to the MSWMAC, and notify the County of appointments by December 1, 2004. DISCUSSION: Cities collectively sought the formation of the MSWMAC as a way to increase City influence over County solid waste rate and policy issues. An array of solid waste issues will confront cities in the coming years, as the solid waste system is modified to prepare for Waste Export, and transfer stations are renovated and/or newly constructed to serve the needs of this growing region. Level of service issues must also be addressed so that priorities and system costs can be identified in order to allow for informed policy decisions. Suburban city staff has met regularly with County Solid Waste Division and County Council staff in preparation of Ordinance #14791, and a sub-group of city staff is beginning the process of making recommendations on basic operating procedures for the new MSWMAc. These recommendations will be presented to the Regional Policy Committee in report form by December 31, 2004 per the ongoing process established by the Ordinance. Cities have sole discretion on who to appoint to the MSWMAC, and may change appointments at any time. To date, six cities have appointed representatives to the MSWMAC, designating various sets of elected officials and/or staff alternates. Because the MSWMAC has the potential to substitute for the Regional Policy Committee as the designated Solid Waste Interlocal Forum, staff recommends that at least one elected official be appointed to the MSWMAc. In addition, staff intends to continue involvement in related technical FI issues that will come before the MSWMAC and require city input, which will include participation in all MSWMAC meetings. Therefore, a stafflevel MSWMAC appointment as an alternate is also recommended. This would provide the City with the greatest flexibility to meet the MSWMAC's changing agenda. STAFF RECOMMENDATION: Staff requests that the Finance, Economic Development and Regional Affairs Committee forward MSWMAC appointments to the November 2, 2004 City Council meeting Consent Agenda, with a recommendation for adoption. Staff suggests that the Committee name one City Council representative, and name the Public Works Director [or designee] as an alternate. COMMITTEE OPTIONS: Other FEDRAC options include: . Making a recommendation to the City Council of no City of Federal Way appointments to the MSWMAC . Making a recommendation to the City Council for further deliberation on this issue at the November 2, 2004 City Council meeting, with the intent of identifying and selecting City of Federal Way appointments to the MSWMAC PROPOSED COMMITTEE RECOMMENDATION: I move to forward approval of the proposed appointments to the Metropolitan Solid Waste Management Advisory Committee for action on the November 2, 2004 City Council meeting Consent Agenda with a recommendation for adoption. The Federal Way City Council representative ~.£Ötln"ilR1em'ua~ L~ f(OC-k""-'tr. The alternate will be the Federal Way Public (' Works Director or designee. Dtrvfð M~ K:\FEDC\2004\MSWMi\C Aprointm~nts.do~ -=FL MEETING DATE: November 16, 2004 ITEM# YW CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Proposed Site Lease Renewal for Nextel (AG #00-007) - 1600 SW Dash Point Road/ Sacajawea CATEGORY: BUDGET IMPACT: X CONSENT D RESOLUTION D CITY COUNCIL BUSINESS 0 ORDINANCE D PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: A copy ofthe Staff Report for the Finance, Economic Development and Regional Affairs Committee meeting 10/18/04, and a copy ofthe Site Lease Agreement. SUMMARYIBACKGROUND: On December 28, 1999, Nextel West Corporation entered into a Site Lease Agreement with the City to lease a parcel ofland at Sacajawea Park. The facility includes five (5) antennas on two light standards, and 93 square feet within the concession building to house associated equipment. The term of the Lease is fiye (5) years with the option of three (3) fiye (5) year renewal terms. The City receiyed a renewal request dated September 15,2004, to extend the term for an additional fiye (5) year term. If the City chooses to accept the renewal, Nextel's rental rate will increase from $1140.61 per month to the current fair market rent of $1790.00 per month for the first year of the renewal term with a 4% annual increase thereafter. CITY COUNCIL COMMITTEE RECOMMENDATION: Approye the renewal request. PROPOSED MOTION: "I move approval of the Finance, Economic Development and Regional Affairs Committee recommendation." CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 K:\agenditem\Nextel Site Lease Renewal CITY OF FEDERAL WAY MEMORANDUM DATE: October 18, 2004 FROM: Finance, Economic Deyelopment and Regional Affairs Committee David H. ~ager Pat Richardson, City Attorney ~~ TO: VIA: SUBJECT: Site Lease Renewal for Nextel (AG #00-007) - 1600 SW Dash Point Road/ Sacajawea Policy Issue Should the Site Lease Agreement between Nextel West Corporation and the City of Federal Way be renewed at the current fair market rent? Background On December 28, 1999, Nextel West Corporation entered into a Site Lease Agreement with the City to lease a parcel ofland at Sacajawea Park. The facility includes fiye (5) antennas on two light standards, and 93 square feet within the concession building to house associated equipment. The term ofthe Lease is fiye (5) years with the option of three (3) fiye (5) year renewal terms. The City receiyed a renewal request dated September 15, 2004, to extend the term for an additional fiye (5) year term. Staff recommends that, if the City chooses to accept the renewal, Nextel's rental rate be increase from $1140.61 per month to the current fair market rent of $1790.00 per month for the first year of the renewal term with a 4% annual increase thereafter. Nextel will continue to maintain insurance of $3 Million combined limit for commercial general liability and $3 Million for automobile liability. Options 1. Approye the renewal of the Lease at the current fair market rate of $1790 per month for the first year of the renewal term with a 4% annual increase thereafter. 2. Approye the renewal of the Lease at the current lease rate of$1140.61 per month for the first year of the renewal term with a 4% annual increase thereafter. 3. The City may refuse to renew if the fair marked rental, as determined by an independent appraiser jointly selected and paid for by the City and Nextel, is twenty HI I percent (20%) more than the rent due by Nextel (provided that MAl real estate appraisal methods are followed) and Nextel refuses to amend the Lease to provide for the increased rental rate. Any refusal to renew under this provision must be in writing and sent to Nextel by October 28, 2004, at least sixty (60) days prior to expiration of the current term. Staff Recommendation Approve the renewal request for the Site Lease Agreement between Nextel West Corporation and the City ofF ederal Way at the current fair market value of $1 790 per month for the first year of the renewal term with a 4% annual increase each year thereafter. (Option 1) Committee Recommendation Forward option L to the full City Council for placement on the November 2,2004 City Council Consent Agenda with a "do pass" recommendation. APPROV AL OF COMMITTEE ACTION: CO~ ¿ fXcu~ Committee Member J\~ lëfrLJl K: \agndi tem \fedrac \N extel renewal ~2- ~\,. ~.. ~\ LEASE ORIGINAL THIS LEASE is entered into this ~day ofjk/t1Ml,(1999, by and between the CITY OF FEDERAL WAY, WASHINGTON, a Municipal Corporation (hereinafter "City") and NEXTEL WEST CORP., a Delaware Corporation, with its principal office located at 1750 1 12th Avenue NE, Suite C-l 00, Bellevue, W A 98004 (hereinafter "Tenant"). City is the owner in fee simple of a parcel of land located in the City of Federal Way, County of King, State of Washington, more commonly known as Sacajawea Park, 1600 SW Dash Point Road, 98003, legally described on Exhibit A which is attached hereto and incorporated herein by reference (the "Property") which includes two (2) light standards and a concession building. Tenant desires to lease space on the Property as described below for the installation and operation of certain equipment which includes requisite antennas, and connecting cables and appurtenances (collectively, "Equipment") for use in connection with its wireless telephone communications service ("Service"). In consideration of their mutual covenants, the parties agree as follows: 1. Leased Premises. City leases to Tenant and Tenant leases from City, a portion of the Propeny consisting of approximately ninety-three (93) square feet of space within the concession building and attachment points and space on two (2) light standards (hereinafter the "Premises") for its Equipment, together with necessary space and rights for access and utility easements, all as described and depicted in Exhibit B which is attached hereto and incorporated herein by reference. City and Tenant acknowledge that these light standards and the building are not exclusively for Tenant's use; however, Tenant has exclusive rights to the designated equipment space and to the designated portion of the two (2) light standards where Tenant's Equipment is located. Tenant may locate its Equipment on the Premises in the manner as described specifically in the attached Exhibit B. 2. Tests and Construction Tenant shall have the right at any time following the full execution of this Lease, after reasonable notice to City, to enter upon the Property for the purpose of making appropriate engineering and boundary surveys, inspections, soil test borings and other reasonably necessary tests. Tenant shall not commence construction of the Equipment until the Commencement Date of this Lease and upon issuance of all necessary licenses, permits and any other necessary approvals. A portion of Tenant's construction work shall include replacement of the City's roof in the concession building where Tenant's radio equipment will be located, as well as the nearby park restroom building, generally depicted on the attached Exhibit B. Final construction drawings shall be subject to City's review and approval and approval shall not be unreasonably withheld or delayed. 3. Relocation In the event City desires to redevelop, modify, remodel or in any way alter the Property and/or any improvements located thereon ("Redevelopment"), City shall in good faith use its best efforts to fully accommodate Tenant's continuing use of the Premises. Should any proposed Redevelopment necessitate the relocation of the Tenant's Equipment, Tenant and City shall use best efforts to find a mutually acceptable alternate location for the Tenant's Equipment. Tenant shall relocate or make the necessary alterations, at Tenant's sole cost, expense and risk; provided, however, that City has provided Tenant with no less than ninety (90) days prior written notice of City's proposed Redevelopment. In the event that Tenant and City cannot agree on an alternate location for Tenant's Equipment on the Property using best efforts, either party may tenninate this Lease, the effective tennination date being ninety (90) days after Tenant's receipt of City's notice of the proposed Redevelopment. If the parties agree on an acceptable alternate location for Tenant's Equipment, Tenant and City agree to use their best efforts to amend this Lease to docwnent the new, alternate Equipment location, and from and after the date Tenant begins installation of its Equipment at such new location, such new location shall be deemed the Premises (or part thereof, as applicable) herein. 4. Term. The term of this Lease shall be five (5) years ("Tenn") and shall commence on the date this Lease is fully executed ("Commencement Date"). Tenant may renew this Lease for three (3) additional five (5) year tenDS ("Renewal Tenn(s)") upon giving written notice to the City no more than six (6) months before and no later than three (3) months before the end of the current Tenn or Renewal Tenn. The City may refuse to renew this Lease for a Renewal Tenn (i) in the event of an uncured breach of this Lease existing at the expiration of the then current Tenn or Renewal Tenn; or (ii) if the fair market rental, as detennined by an independent appraiser jointly selected and paid for by the City and Tenant, is twenty percent (20%) more than the Rent due by Tenant hereunder (provided that MAl real estate appraisal methods are followed) and Tenant refuses to amend this Lease to provide for the increased rental rate. Any such refusal to renew by the City shall be in writing and shall be sent to Tenant at least sixty (60) days prior to expiration of the then current Tenn or Renewal Tenn. In addition, the City may refuse to renew this Lease for the reasons set forth in Paragraph 3 herein, provided that all of the requirements set forth in Paragraph 3 have been complied with. 5. Rent a. Within fifteen (15) days of the Commencement Date and on the first day of each month thereafter, Tenant shall pay to City as rent NINE HUNDRED SEVENTY FIVE and NOll 00 DOLLARS ($975.00) ("Rent"). Rent for any fractional month at the beginning or at the end of the Tenn or Renewal Tenn, if any, shall be prorated. Rent shall be payable to the City at 33530 1st Way South, Federal Way, Washington 98003; Attention: City Treasurer. Tenant shall pay the City a late payment charge equal to five percent (5%) of the amount due for any payment not paid when due. Any amounts not paid when due shall also bear interest until paid at the lesser of the rate oftwo percent (2%) per month or the highest rate permitted by law. b. The Rent shall be increased by four percent (4%) per year throughout the Term ofthis Lease and Renewal Terms (if any). c. Within thirty (30) days of the Commencement Date, Tenant shall submit to the City a Security Deposit in an amount equal to five (5) months' Rent, or FOUR THOUSAND EIGHT HUNDRED SEYENTY FIVE and NOIlOO DOLLARS ($4,875.00), which shall be 2 refunded at the termination of this Lease if Tenant is not in default of the Lease. In the event Tenant fails to pay Rent or other charges when due, cure periods considered, the City shall deduct such amount from the Security Deposit, and Tenant agrees to immediately refund to the City any such deduction from the Security Deposit. The Security Deposit shall be held by the City without liability for interest. d. AdditionaJ Consideration. As additional consideration for this Lease, within thirty (30) days after the Commencement Date, Tenant shall reimburse the City for all of the City's costs and expenses to negotiate and execute this Lease, including attorneys' and consultants' fees and the time expended by the City staff and City Attorney's office; provided that in no event shall such reimbursement amount exceed FIFTEEN THOUSAND and 00/100 DOLLARS ($15,000.00); and provided further that, as a condition precedent to Tenant's obligation to reimburse the City herein, City shaJl provide to Tenant documentation of such costs and expenses. In addition, within thirty (30) days following the Commencement Date and upon continuous commercial radio operations from the Premises, Tenant shall provide the City with six (6) standard ESMR mobile phones (specific model to be determined by Tenant). Tenant shall not be responsible for any service charges for such phones, including but not limited to installation, activation, access, air time, long distance and toll charges associated with the use of said phones, which shall be the sole responsibility of the City. The City shall refer solely to the manufacturer of such phones, and not to Tenant, for the cost of any necessary phone repair or replacement. 6. Permitted Use of Premises. a. Tenant shall use the Premises for the installation, operation, and maintenance of its Equipment to provide Service. The Equipment and Premises may not be used for cable television services. b. Tenant shaJl, at its expense, comply with all applicable present and future federal, state, and loeaJ laws, ordinances, rules and regulations (including, for example, laws and ordinances relating to zoning, aesthetics, landscaping, fencing, permits, removal and abandonment, screening, health, radio frequency emissions, other radiation and safety) in connection with the provision of Service and the use, operation, maintenance, construction and installation of Equipment on the Premises. Tenant shall obtain aJl required governmental approvals, authorizations, licenses and permits at Tenant's expense. City agrees to reasonably cooperate with Tenant in obtaining, at Tenant's expense, including reimbursement of City's reasonable attorneys', administrative and other related fees, any licenses and permits required by Tenant's use of the Premises. Said cooperation shall in no way infer any special consideration or deviation from the land use and building construction permit approval process of the City that is applicable to the intended use of the Premises by Tenant. c. Tenant shall remove the Equipment from the Premises upon termination of the Lease. Upon removaJ of the Equipment, Tenant shaJl restore the affected area of the Premises to the reasonable satisfaction of the City. All costs and expenses for the removal and restoration to be performed by Tenant shall be borne by Tenant. If, however, Tenant requests permission not to 3 remove all or a portion of the improvements. and City consents to such nonremoval, title to the affected improvements shall thereupon transfer to City and the same thereafter shall be the sole and entire property of City, and Tenant shall be relieved of its duty to otherwise remove same. d. The City reserves the right to use the Property, excluding the Premises, for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the Property, or developing, improving, repairing or altering the Property; provided that, subject to Section 3 herein, such alterations do not adversely affect Tenant's use of the Premises or its operation of the Equipment thereon. 7. Restoration. In the event that Tenant causes damage of any kind during the course of installing, operating or maintaining the Equipment, including damage to the Premises caused by cutting, boring, jack hammering, excavation or other work, and including latent damage not immediately apparent at the time of the work, Tenant shall repair the damage and restore the Premises at its sole cost and expense, without delay or interruption and within the reasonable time period prescribed by the City. Restoration of the Premises shall be to a condition that is equivalent to or better than the condition of the Premises prior to commencing the installation, operation or maintenance of the Equipment and to a condition satisfactory to the City. Restoration of the right- of-way surface shall either include six inches (6") of crushed surfacing top course and three inches (3") of asphalt, class "B," or be replaced to the original condition, at the City's reasonable . discretion. Whenever part of a square or slab or existing concrete sidewalk or driveway is cut or damaged by Tenant, the entire square or slab shall be removed and replaced. All materials and compacting shall be in accordance with the "Standards and Specifications for Road, Bridge, and Municipal Construction," as amended. 8. Improvements. Tenant may update or replace the Equipment from time to time provided that the replacement facilities are not greater in number or size or different in type, color or shape or height than the existing facilities and that any change in thèir location on the Premises is approved in writing by City. Subject to the foregoing, Tenant may change the Equipment configuration specified in Exhibit B with the prior written approval of City. Tenant shall submit to City a written request for any such change and any supplemental materials as may be requested, for City's evaluation and approval. City shall have thirty (30) days after receipt of all requested materials in which to respond to such request and unless City so notifies Tenant to the contrary such approval shall be deemed granted. Except as may be required by FAA or FCC requiremen~ no lights or signs may be installed on the Premises or as part of the Equipment. Tenant further agrees to monitor the Equipment for flTe, smoke, intrusion, and NC power failure by Tenant's 24- hour electronic surveillance system. In connection therewith, Tenant has the right to do all work necessary to prepare and maintain the Premises for Tenant's business operations and to install transmission lines connecting the antennas to the transmitters and receivers, after reasonable notice to the City. All of Tenant' s construction and installation work shall be performed at Tenant's sole cost and expense and in a good and workmanlike manner, in the reasonable determination of the City. Tenant shall submit to the City a structural analysis demonstrating the wind and load capacity of the light standards for Tenant's Equipment, which shall be stamped by a Washington State professional engineer. Tenant shall also submit a construction schedule to the City for the City's 4 approval, which approval shall not be unreasonably delayed or withheld. Title to the Tenant Equipment shall be held by Tenant. All of Tenant's Equipment shall remain Tenant's personal property and are not fixtures. Tenant has the right to remove all Equipment at its sole expense on or before the expiration or earlier termination of the Lease; provided, Tenant repairs any damage to the Premises caused by such removal, restoring the Premises to its pre-Lease condition, normal wear and tear excepted. Tenant acknowledges that the removal of the Equipment does not include removal of any portion of the concession building or light standards. 9. Premises Access. a. Tenant, Tenant's employees, agents, contractors, lenders and invitees shall have reasonable access, at no charge, to the Premises twenty-four (24) hours a day, seven (7) days a week. The City grants to Tenant, and its employees, agents, contractors and invitees, a non- exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of the Property described in Exhibit B. City retains and reserves the right to access the Property at all times. The City's access to the Premises shall be coordinated with Tenant, upon not less than twenty-four (24) hours prior notice, except in the case of emergencies as determined in the City's reasonable discretion. b. The City shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. City shall be responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Tenant's use of such roadways. 10. Utilities. Tenant shall, at its expense, separately meter charges for the consumption of electricity and other utilities associated with its use ofthe Premises and shall timely pay all costs associated therewith. In the event Tenant is unable to obtain separately metered services for the Premises, Tenant shall have the right to draw electricity from the existing utilities at the Premises by means of setting an electrical deduct meter at the Premises wherein Tenant shall pay to the City as additional consideration the sum of ONE HUNDRED AND NOll 00 DOLLARS ($100.00) per month for the right to draw electricity from the City's existing electrical service at the Premises; except that the City shall have the right to increase this monthly amount; and Tenant agrees to pay the increase in the event the servicing electric company increases its rates during the term of this Lease, or if Tenant's electric consumption increases beyond $100.00 per month. Tenant shall also have the right to use a standby power generator at the Premises. The City agrees to sign such documents or easements as may be required by said utility companies to provide such service to the Premises, including the grant to Tenant or to the servicing utility company, at no cost to Tenant, of an easement in, over, across, or through the Property as required by such servicing utility company to provide utility services as provided herein so long as such grant of easement does not interfere with the City's use of the Property. Tenant shall release and hold harmless the City for any interruption in service while drawing electricity from the existing utilities on the Property, as long as the City, after sufficient notice to Tenant, makes a diligent effort to restore power to the Premises by means of requesting the electric company to restore said service during a power outage. Tenant agrees to obtain separate utility service for the Premises in the event the City notifies Tenant during 5 the Term of this Lease, including any Renewal Terms, of City's own need for additional electrical power. 11. Maintenance. a. Tenant shall, at its own expense, maintain the Premises 3lld Equipment on or attached to the Premises in a safe condition, in good repair and in a manner suitable to City subject to force majeure or unless affected by destruction which is not the result of Tenant's activities or operations. Additionally, Tenant shall keep the Premises free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. Tenant shall have sole responsibility for the maintenance, repair, and security of its Equipment and leasehold improvements. b. Tenant shall not be required to make any repairs to the Premises or Property (except as otherwise set forth herein) unless such repairs shall be necessitated by reason of the act, default or neglect of Tenant, its agents, employees, contractors, or invitees. Tenant is required to make all necessary repairs to the Tenant's Equipment. 12. Comoliancewith Laws. Tenant's use of the Premises is subject to its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority. Tenant shall erect, maintain and operate its Equipment in accordance with applicable site standards, statutes, ordinances, rules and regulations now or hereinafter in effect as may be issued by the Federal Communications Commission, the City, or any other federal, state or other governing bodies. Tenant specifically waives any right to claim that any aspect of this Lease is contrary to any provision of any local, state or federal law (including the Telecommunications Act of 1996) in effect as of the date of this Lease. 13. Police Powers. This Lease is subject to ordinances of general applicability enacted pursuant to the City's police powers. 14. Interference. a. Tenant shall operate the Equipment in a manner that will not cause interference to the City, and other lessees or licensees of the Property whose use predates this Lease, and in compliance with the requirements of Federal Way City Code ("FWCC") §22- 966(i)(2). In addition, with respect to lessees or licensees whose operations commence after installation of the Equipment hereunder, Tenant shall not make any change in its operations that causes or is intended to cause material interference with such lessees or licensees. All operations by Tenant shall be in compliance with all Federal Communications Commission ("FCC") requirements. b. Pursuant to FWCC §22-966(h), the City may issue permits for and enter into leases to allow collocation of other telecommunications facilities on the Property, and Tenant consents to same; provided however that the collocation must occur in compliance with FWCC 6 §22-966(h) and City shall not lease the Premises to any party other than Tenant unless there is a relocation ill1der Section 3, tennination under Section 15 herein or nonnal expiration of this Lease. c. In the event that any collocation results in interference with Tenant's operations, and provided that the Tenant has complied with Section 14.a. above, the City agrees to take reasonable steps to encourage the interfering party to eliminate such interference. In the event that the interference is not eliminated within sixty (60) days of notice to City by Tenant, Tenant may tenninate this Lease upon thirty (30) days prior written notice or pursue other remedies available ill1der this Lease or available against the interfering party . 15. Tennination a. This Lease may be tenninated as follows: I. Upon thirty (30) days written notice by either party for the other party's failure to cure a default or breach, including non-payment by Tenant of amounts due under this Lease, within that thirty (30) day period, provided that if such non-monetary default cannot reasonably be cured within such thirty (30) day period, this Lease shall not tenninate if such defaulting party commences to cure the default within the thirty (30) day period and cures the default within sixty (60) days after receipt of notice of such default. 2. Upon ninety (90) days written notice by Tenant that the Premises are or become unusable under Tenant's design or engineering specifications for its Equipment or the communications system to which the Equipment belongs or if Tenant detennines that the Premises are no longer suitable because of economic reasons. 3. Upon thirty (30) days written notice by City (i) if Tenant pennanently abandons the Premises or its Equipment; provided, however, that City acknowledges that Tenant's communications facility located on the Premises is unmanned; or (ii) if Tenant becomes the subject of a bankruptcy proceeding and the bankruptcy proceeding is not vacated within one hill1dred twenty (120) days; 4. Upon ninety (90) days written notice by City, for reasons involving public health, safety, or welfare. In addition, if the public's health, safety or welfare is endangered by the operations of Tenant's Equipment and Tenant fails to discontinue its operations as soon as is reasonably possible after receipt of notice thereof, and thereafter Tenant is ill1able to cure the conditions causing the endangennent within thirty (30) days after receipt of such notice, City may immediately tenninate this Lease. 5. Immediately, in the event of an emergency, as detennined by the City in its reasonable discretion. In addition, the City may immediately tenninate this Lease in the event of an emergency arising from Tenant's Equipment or Tenant's use of the Premises if Tenant fails to cure the situation giving rise to the emergency as soon as is reasonably possible after receipt of notice thereof. 7 6. Upon thirty (30) days written notice by City if Tenant fails to comply with all applicable federal, state, and local laws, including, without limitation, all governmental codes. ordinances, resolutions, standards and polices as now existing or hereafter adopted or amended, including, without limitation, all requirements of the FCC and the Federal Aviation Administration(F AA). 7. Upon thirty (30) days written notice by Tenant if it does not obtain or maintain, through no fault of Tenant and using reasonable efforts to maintain, any license, pennit or other approval necessary for the construction and operation of its Equipment on the Premises; or if it is unable to occupy and utilize the Premises due to an action of the FCC, including, without limitation, a take back of channels or change in frequencies. 8. For any other reason set forth in this Lease. b. In the event of any termination under this Section, Tenant shall pay City all monies due as of the date of termination, including rent, attorneys' and collection fees and any other damages incurred by City as a result of such termination. In addition Tenant shall, at its sole expense, return the Premises to the same condition existing on the Commencement Date (normal wear and tear, and casualty beyond Tenant's control, excepted), and shall remove all Equipment. c. No re-entry and taking of possession of the Premises by City pursuant to an uncured default by Tenant, beyond any applicable cure period, shall be construed as an election on City's part to tenninate this Lease, regardless of the extent of renovations and alterations by City, unless a written notice of such intention is given to Tenant by City. Notwithstanding any reletting without termination, City may at any time thereafter elect to terminate this Lease for such previous uncured breach by Tenant. This Section IS.c. shall not be construed to allow City to re-enter and take possession of the Premises, or relet the Premises without termination of this Lease, other than as set forth in this Lease or as permitted by the laws of the State of Washington. 16. Indemnitvand Insurance. a. Disclaimer of Liability: City shall not, at any time, be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Tenant's construction, installation, maintenance, repair, use, operation. condition or dismantling of the Premises or Tenant's Equipment and Tenant expressly assumes all such risk. b. Indemnification and Hold Harmless: Tenant shall, at its sole cost and expense, indemnify and hold harmless City and City's officers, boards, commissions, employees, agents, attorneys, contractors and subcontractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), arising or alleged to arise from any act or omission of Tenant, its employees, agents, contractors or subcontractors or which may be in any way connected with the 8 construction, installation, operation, maintenance, repair, use, condition or dismantling of the Premises or Tenant's Equipment. To the extent permitted by law, the City shall indemnify and hold Tenant harmless from all claims (including attorneys' fees, costs and expenses of defending against such claims) arising or alleged to arise from the sole negligence of the City or the City's agents, employees, or contractors occurring in or about the Premises, or in or about the Tenant's access and utility rights-of.way (as such access and utility rights of way are provided for by Sections 1,9 and 10). The obligations described in this Section shall survive termination of this Lease. c. Insurance: During the tenD of this Lease, Tenant shall maintain in full force and effect and at its sole cost and expense, and naming City, its officers, boards, commissions, employees and agents as additional insureds, the following types and limits of insurance: i. Comprehensive commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) excess, and Three Million Dollars ($3,000,000) in the annual aggregate. ii. Comprehensive automobile liability insurance with combined single minimum limits of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) excess, and Three Million Dollars ($3,000,000) in the annual aggregate. iii. Worker's compensation insurance and such other insurance as may be required by law. d. Evidence of Insurance: Certificates of insurance for each insurance policy required by this Lease, along with written evidence of payment of required premiums, shall be filed and maintained with. City prior to commencement of the T enD of this Lease and thereafter. e. Cancellation of Policies of Insurance: All insurance policies maintained pursuant to this Lease shall contain the following or substantially similar endorsement: "The issuing insurance company shall endeavor to provide at least thirty (30) days written notice (certified mail. return receipt requested) and at a minimum shall provide at least fifteen (15) days written notice to the City prior to the cancellation, replacement or material alteration of such insurance coverage." f. Deductibles: All insurance policies may be written with commercially reasonable deductibles. g. License: All insurance policies shall be with insurers licensed to do business in the State of Washington and with a rating of A-IV unless waived by the City. 9 h. Defense of City: In the event any action or proceeding shall be brought against the City resulting nom Tenant's operations hereunder, Tenant shall, at Tenant's sole cost and expense, resist and defend the same provided, however, that Tenant shall not admit liability in any such matter on behalf of the City without the written consent of City. Nothing herein shall be deemed to prevent City from cooperating with Tenant and participating in the defense of any litigation with City's own counsel. Tenant shall pay all expenses incurred by City in response to any such actions, suits' or proceedings. These expenses shall include all out-of-pocket expenses such as attorneys' fees and shall also include the reasonable value of any services rendered by the City Attorney's office, and the actual expenses of City's agents, employees, consultants and expert witnesses, and disbursements and liabilities incurred by City in connection with such suits, actions or proceedings. 17. Holdim! Over. Any holding over after the expiration of the tenD allowed for in this Lease (including the Tenn and any Renewal Terms), with the consent of the City, shall be construed to be a tenancy nom month to month and shall otherwise be on the terms, covenants and conditions herein specified. 18. Acceptance of Premises. Tenant accepts the Premises in the condition existing as of the date of this Lease. City makes no representation or warranty with respect to the condition of the Premises and City shall not be liable for any latent or patent defect in the Premises. 19. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, postage prepaid certified mail, return receipt requested; to the following addresses: If to City, to: City of Federal Way 33530 - 1st Way South Federal Way, Wi\ 98003 Attention: City Treasurer With a copy to: City of Federal Way 33530- 1st Way South Federal Way, WA 98003 Attention: City Attorney Ifto Tenant, to: Nextel West Corp. 1750 112thAvenueNE, Suite C-I00 Bellevue, WA 98004 Attn: System Development Manager 10 And a copy to: Nextel West Corp. 1750 112thAvenueNE, SuiteC-I00 Bellevue, W A 98004 Attn: Property Manager And a copy to: Nextel Communicatbns, Inc. 2001 Edmund Halley Drive Reston, VA 20191-3436 Attn: Legal Dept., Contracts Manager City or Tenant may, from time to time, designate any other address for this purpose by written notice to the other party. 20. Subleasing or AssÎlznment Tenant shall not sublease the Premises or the Tenant's Equipment or facilities without prior written consent from City, which consent may be conditioned at City's sole discretion. Additionally, Tenant may not assign or otherwise transfer all or any part of its interest in this Lease or in the Premises without the prior written consent of City; provided, however, that Tenant may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor-in-interestor entity acquiring fifty-one percent (51 %) or more of its stock or assets, subject to any financing entity's interest, if any, in this Lease as set forth in Section 29. City may assign this Lease upon written notice to Tenant, subject to the assignee assuming all of City's obligations herein, including, but not limited to, those provisions set forth in Section 29. Notwithstanding anything to the contrary contained in this Lease, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without consent of the City Tenant's interest in this Lease to any financing entity to whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances, or similar financial arrangements or instruments or in respect of guaranties thereof. 21. Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties hereto, and, subject to Section 20, their respective pennitted successors and assigns. 22. Non-Waiver. Except as otherwise set forth elsewhere in this Lease, the parties are not waiving any of their rights. The failure of either party to insist on strict perfonnance of any of the conditions, covenants, terns or provisions of this Lease or to exercise any of its rights hereunder shall not waive such rights, but such party shall have the right to specifically enforce such rights at any time and take such action as might be lawful or authorized, either in law or equity. The receipt of any sum paid by Tenant to City after a breach of this Lease shall not be deemed a waiver of such breach unless expressly set forth in writing by the City. 23. Taxes. Tenant shall pay all personal property and other taxes (or payments in lieu of taxes) and assessments for the Premises, if any, which become due and payable during the T ern 11 or Renewal Term, if any. of this Lease attributable to the Equipment or Tenant's use of the Premises. 24. Ouiet Eniovmentffitle City represents to Tenant that: a. City has title to the Premises free and clear of any encumbrances, liens or mortgages, except those encumbrances, liens, mortgages and other matters of record, and any other matters disclosed and otherwise apparent to Tenant; b. City has legal ingress and egress rights from a public right-of-way to the Property; c. Execution and performance of this Lease will not violate any laws or agreements binding on City; and d. City covenants and agrees with Tenant that upon Tenant paying the Rent and observing and performing all the terms, covenants and conditions on Tenant's part to be observed and performed, Tenant may peacefully and quietly enjoy the Premises. 25. Condemnation In the event the Premises are taken in whole or in part by any entity by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the condemning authority. Tenant shall not be entitled to any portion of the award paid and the City shall receive the full amount of such award. Tenant hereby expressly waives any right or claim to any portion thereof. However, Tenant shall have the right to claim and recover from the condemning authority, other than the City, such other compensation as may be separately awarded or recoverable by Tenant. If this Lease terminates due to condemnation, Tenant shall promptly remove all of its Equipment from the Premises. 26. Alteration. Damal!.e or Destruction If the Premises or any portion thereof is altered, destroyed or damaged so as to materially hinder effective use of the Equipment through no fault or negligence of Tenant, Tenant may elect to terminate this Lease as of the date of the alteration, destruction or damage by giving City notice thereof no more than thirty (30) days following the date of such alteration, destruction or damage. In such event, Tenant shall promptly remove the Equipment from the Premises and shall restore the Premises to the same condition as existed prior to this Lease except to the extent the Premises are altered, destroyed or damaged through no fault or negligence of Tenant. City shall have no obligation to repair any damage to any portion of the Premises. If Tenant chooses not to terminate this Lease, Rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises. 27. Miscellaneous. a. City and Tenant respectively represent that their signatory is duly authorized and has full right, power, and authority to execute this Lease. 12 b. With the exception of applicable existing and future laws, ordinances, rules, and regulations, this Lease constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind concerning the subject matter hereof There are no representations or understandings of any kind not set forth herein. Any modification of or amendment to this Lease must be in writing and executed by both parties. c. This Lease shall be construed in accordance with the laws of the State of Washington. d. Section captions and headings are intended solely to facilitate the reading hereof. Such captions and headings shall not affect the meaning or interpretation of the text herein. e. If the methods of taxation in effect at the Commencement Date of the Lease are altered so that in lieu of or as a substitute for or in addition to any portion of the property taxes and special assessments, if any, now imposed on Equipment, there is imposed a tax upon or against the rentals payable by Tenant to City, Tenant shall also pay those amounts. f. Tenant shall be responsible for obtaining all other necessary approvals, authorizations and agreements from any party or entity and it is acknowledged and agreed that the City is making no representation, warranty or covenant whether any of the foregoing approvals, authorizations or agreements are required or have been obtained by Tenant from any person or entity. g. If any provision of this Lease is found to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining tenns of this Lease, all of which shall continue in full force and effect; provided that if Tenant's obligation to pay Rent is found to be invalid or unenforceable, then this Lease shall automatically terminate. h. This Lease may be enforced at both law and equity. Damages are not an adequate remedy for breach. i. The City acknowledges that a Memorandwn of Lease in the form attached hereto as Exhibit C will be recorded by Tenant in the official records of the County where the Property is located. In the event the Property is encumbered by a City mortgage or deed of trust, the City agrees to obtain and furnish to Tenant a non-disturbance and attornment instrument for each such mortgage or deed of trust. j. Tenant may obtain title insurance on its interest in the Premises. The City shall cooperate by executing docwnentation required by the title insurance company. k. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Lease, such party shall not unreasonably delay or withhold its approval or consent, unless otherwise set forth herein. 13 I. All Exhibits attached hereto form material parts of this Lease. m. This Lease may be executed in duplicate counterparts, each of which shall be deemed an original. 28. Legislative Changes. In the event that any federal, state or local governmental entity adopts a law, ordinance, or regulation, or amends existing laws, ordinances, or regulations, and the new or amended law, ordinance, or regulation would limit, impair, or affect any of the parties' rights or obligations under this Lease, Tenant agrees that the provisions of this Lease shall remain lawful and binding and enforceable on the parties, and Tenant waives any rights to claim otherwise. . 29. Waiver of City's Lien. a. The City waives any lien rights it may have concerning the Tenant's Equipment which is deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without the City's consent. b. Tenant has indicated to City that Tenant has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of Tenant's Equipment (the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith: (i) subsequent to Tenant's receipt of all necessary permits and approvals to install and operate the Equipment on the Premises (and subject to Tenant's compliance with Section 6 herein) the City consents to the installation of the Collateral; (ii) the City disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) the City agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. 30. Markin;¡ and LilZhtin¡¡; ReQuirements. Tenant acknowledges that it, and not the City, shall be responsible for the Premises and Equipment's compliance with all marking and lighting requirements of the FAA and the FCC. Tenant shall indemnify and hold the City harmless from any fines or other liabilities caused by Tenant's failure to comply with such requirements. Should the Tenant or the City be cited by either the FCC or FAA because the Premises or the Tenant's Equipment is not in compliance, and should Tenant fail to cure the conditions of noncompliance within the timeframe allowed by the citing agency, the City may either terminate this Lease immediately on notice to Tenant or proceed to cure the conditions of noncompliance at Tenant's expense. 14 J IN WITNESS WHEREOF, the parties have executed this Lease as of the date first set forth above. CITY: CITY OF FEDERAL WAY, a Washington municipal corporation TENANT: NEXTEL WEST CORP., a Delaware corporation, d/b/a Nextel Communications 8y'~~ Its: .. {¡:V~-/f By: Its: ¡7lJ.ß. /W<- Mati( B. Nelson 'flce President of Engineering & Operations STATE OF ()j 11-s'#/IJ6-ìO rJ COUNTY OF k: IIÙ ~ On .Pícefll~t'5 /3 ('t11, before me, E,Úel1 Rvb;hSCh ,Notary Public, personally appeared Ùa' f.I. ~ {)s;: le~ ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signatUre on the instrument, the entity upon behalf of which the person acted, executed the instrument. WITN:ESS my hand and official seal. 7i~ß~ 1{~~ NotaryptIblic 'n "...t .çor~~ st<rtl' wasÝI~f-o" My commission expires: /- ,;Fl-c.J- þ"; (SEAL) EILEEN ROBINSON ST A TE OF WASHINGTON NOT ARY -.- PUBLIC \IV COIUIiSSIOll EXPIRES )-29-02 ~ 1/)' 4i~('2-#1t/- Ý'° Public My commission expires: tV I / Pv I STATE OF -YV~C;~tìV"JþM COUNTY OF ~ VI'j On ___lZJLfJ q'f , before me, ' , Notary Public, personally appeared ~, personally known to me (or roved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signatUre on the instrument, the entity upon beh¡¡l( «;If ~hich the person acted, executed the instrument. .-'~'\-o. SE8.q\~\IJ --- ,,> ,~';~'ìÔN""'ú~ ", :: V) :'~-:'- 14;;.." 11 " :; ;[;ff \:),~~ ~~ ~ ~ (SEAL) ~ ~o ~_. - I/I~ ~ ~ \ 1t1l\~ j 3 I "SP~:~- " ~.. '00 -0,.1) ,-- ~o - " -I~ """""""....Q .: "I OFW"~'+-_-- 1\\\\\"","'- WITNESS my hand and official seal. 15 EXHIBIT A DESCRIPTION OF THE PROPERTY totheLeasedated~ 1999, by and between the CITY OF FEDERAL WAY, a Washington municipal corporation, as City, and NEXTEL WEST CORP., a Delaware corporation, as Tenant. The Property is described and/or depicted as follows: The Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 5, Township 21 North, Range 4 East, Willamette Meridian, In King County, Washington; except that portion thereoflying within the 161h Avenue South right-of-way; Also, that portion of the north half of the Northeast Quarter of the Southeast Quarter of Section 5, Township 21 North, Rang 4 East, Willamette Meridian, lying Southerly of the South margin of South Dash Point Road; except that portion thereof lying within the 16th Avenue South right-of- way. 16 EXHIBIT B DESCRIPTION OF THE PREMISES to the Lease dated 1999, by and between the CITY OF FEDERAL WA Y, a Washington municipal co oration, as City, and NEXTEL WEST CORP., a Delaware corporation, as Tenant. The Premises is describedandlor depicted on the three-page Site Plan attached as B-1, B-2, and B-3 hereto. Notes: L 2. 3. This Exhibit may be replaced by a survey oflbe PROmises on<:e it is RO<:eived by Tenant. Setback of the PROmises from the Property's boundaries shall be the distance required by the applicable governmental authorities. Width of the access road shall be the width required by the applicable governmental authorities, including police and fire departments. 17 (2) PROPOSED PANEL ANTENNAS, (2) GPS, AND (1) TEST MOBILE ,-~,- ANTENNAS MOUNTED TO ". r '-~~~,..~¡:~~~~~~""" EXIST. PLAYFIELD LIGHT ",'! ---'1:.~~~~"""-- STANDARDS «1) PANEL " , : ---'1:."""""~'::.~"""~- I ANTENNA PER POLE),/ : ---l::.~l::.'=~' ," -- .' . , , " I " , " , , , " , ,,' : , .' Q ! DASH POINT ROAD PROPOSED ROUTE OF CABLE UNDERGROUND IN STEEL CONDUIT - SACAJAWEA SCHOOL NOTES 1) PLAN SHOWN IS A GRAPHIC REPRESENTATION OF lEASE AREA. EXHIBIT "s" PROPOSED ROUTE OF POWER AND TELCO PROPOSED PROJECT LOCATION: 8'-10'x10'-ß" ROOM WITHIN EXIST. ONE STORY BLDG. SEE EQUIPMENT ROOM PLAN, SHEET 2 L EXISTING LANDSCAPING 7 PACInG HWY. 50.- ~O ffi 20 SITE PLAN - 1 OF 3 NEXTEL COMMUNICATIONS REDONDO/SACAJAWEA 1600 SW DASH POINT ROAD SITE NUMBER: WAO226-1 DATE: OCTOBER 9, 1997 REV: --. \ ~ 'k I <n NOTES: 1) PLAN SHOWN IS A GRAPHIC f/fPRrC:;F:NTATION OF LEASE AREA. 1.0 I :... 1.0 I Ò EXHIBIT "13" I ~ I 0 B'-10" I 13'-3" 3'-11" EQUIPMENT ROOM PLAN - 2 OF 3 NEXTEL COMMUNICATIONS REDONDO/SACAJAWEA 1600 SW DASH POINT ROAD PROPOSED CONDENSER UNIT EXISTING STORAGE REMOVE EXISTING STUD WALL: OWNERS EQUIPMENT TO BE RELOCATED TO' NEW WALL PROPOSED NEW STUD WALL PROPOSED 8'-10'x10'-6" EQUIPMENT ROOM 0 1 2 -- 4œ SITE NUMBER: WAO226-1 DATE: . OCTOBER 9, 1997 REV: ~ r\ \ ~ b I OJ N I - Ò m -- NOTES: I) PLAN SHOWN IS A GRAPHIC REPRESENTATION Of LEASE AREA. EXHIBIT "S" 0 I ¡,., EXISTING PLAYFIELD LIGHT STANDARD . a I 0 1 N (2) PROPOSED PANEL ANTENNAS (1) ANTENNA PER POLE) (2) PROPOSED GPS ANTENNAS (1) ANTENNA PER POLE) (1) PROPOSED TEST MOBilE ANTENNA PROPOSED ROUTE OF CABLE ENCASED IN STEEL CONDUIT; PAINT TO MATCH b I h .... 'SOUTH ELEVATION - 3 OF 3 NEXTEL COMMUNICATIONS REDONDO /SACAJAWEA 1600 SW DASH POINT ROAD SITE NUMBER: WAO226-1 DATE: OCTOBER 9. 1997 REV: , _.~-_. to/) \ ~ EXHIBIT C When Recorded Send To: Nextel Communications Ann: Property Manager 1750112'" Avenue NE, Suite C-lOO Bellevue, W A 98004 MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE is entered into on this - day of ,1999, by and between the CITY OF FEDERAL WAY, a Washington municipal corporation. with an office at 33530- I" Way South, Federal Way, WA 98003 (hereinafter referred to as "City"), and NEXTEL WEST CORP., a Delaware corporation, dlb/a Nextel Communications, with an office at 1750 112'" Avenue NE, Suite C-IOO, Bellevue, WA 98004 (hereinafterreferred to as "Tenant"). 1. city and Tenant entered into a Lease (the "Lease") on , 1999, for the purpose of installing, operating and maintaining a communications facility in connection with Tenant's wireless telephone communications service and other improvements. 2. The tenn of the Lease is for five (5) years commencing on , 199---, ("Commencement Date") and terminating on the fifth anniversary of the Commencement Date with three (3) successive five (5) year options to renew (subject to the provisions of the Lease). 3. The land that is the subject of the Lease is described in Exhibit A annexed hereto. The portion of the land being leased to Tenant (the "Premises") is described in Exhibit B annexed hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written. CITY: CITY OF FEDERAL WAY, a Washington municipal corporation TENANT: NEXTEL WEST CORP., a Delaware corporation, d/b/a Nextel Communications By: By: Title: Title: Date: Date: ]8 STATE OF COUNTY OF , before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the entity upon behalf of which the person acted, executed the instrument. On WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: STATE OF COUNTY OF , before me, , Notary Public, personally appeared . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the entity upon behalf of which the person acted, executed the instrument. On WITNESS my hand and official seal. (SEAL) Notary Public My commission expires: K:\telccomlncxtelfin.doc 19 CITY OF FEDERAL WAY CITY A TIORNEY'S OFFICE Memorandwn DATE: January 24, 2000 TO: Iwen Wang, Management Services Director Jenny Schroder, Parks Director Stephen Clifton, CDS Director Bob C. Sterbank, Deputy City Attome~ FROM: SUBJECT: Nextel Site Lease Agreement - Sacajawea Park AG # ðD- DO 1 (to be assigned by Clerk) Attached for your files are copies of the executed Site Lease Agreement dated December 28, 1999 between the City of Federal Way (as Lessor) and Nextel West Corp. (as Tenant), for locating its equipment at on the concession building and two light standards at Sacajawea Park. A Memorandum of Lease has been executed and will be recorded by Nextel. The Lease tenn is five (5) years. Rent of$975 per month is due on the 151 of each month. Rent shall be increased by four percent (4%) per year of Lease. I have also attached a copy of the Insurance Certificate, which should be renewed shortly, as this one expires on 2/5100. The Lease also provides that the City is to receive 6 ESMR mobile phones within 30 days of the Commencement Date. See paragraph 5(d). Please have the appropriate City staff person contact Nextel to arrange delivery of these phones. A check in the amount of$7,8oo is attached for Iwen which covers prorated December rent, January and February rent and the security deposit of $4,875 (5 months rent). Also attached is a check in the amount of$13,809.84 to cover the City's administrative costs in negotiating this Lease, which amount should be reimbursed to Law's civil 410 account. (See attached December 10, 1999 letter to Nextel.) The Property Administrator is Pamela Waitman and she can be reached at (425) 452-7569. Nextel refers to this Lease Agreement as W AOl16 Redondo - Sacajawea Park. We have also dealt with a Kasey Sebastian at Nextel whose number is (425) 452-7453. ¡fyou have any furt,er uestions. please give me a call. . ---.. 'ç.-- pj.,A"'k -i- -..A. ~ ~ / - 2 1- ~ cc: CIty Clerk r ~rr-~U "()'--' II/C- K:\memo\nextelsacpark.lea CJ" - Af:fÞ.I... CEItT'tFr,CA,. rË OF .INSURANCE P~ODUCE~ R E C E I MARSH USA INC. VE 44 WHIPPANY ROAD MORRISTOWN, NJ 07962-1966 OAT! ¡IIII/DDIYY! 01/20/00 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE JAN 26 ?OOO , COMPANY 15780 -00001-- WA022 ¡ASANAGEMENT SERVlâESA TRAVELERS INDEMNITY COMPANY OF ILLINOIS 'NSU~ED CITY OF FEDERAL WA'to;"~ANY . un NEXTEL COMMUNICATIONS, INC B TRAVELERS INDEMNITY COMPANY OF AMERICA 2001 EDMUND HAllEY DR. RESTON. VA 20191-3421 COMPANY C TRAVELERS INDEMNITY COMPANY OF CONNECTICUT COMPANY D CHUBB INSURANCE COMPANY OF NEW JERSEY COVeRAGE S t~1s ,~~.. Þ¡ie~~..nctl8jJ1ácØ anY ¡nv~1y .....d ..rtifIea. . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT \/\11TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO LTR POUCY EFFECTIVE POUCY EXPI~ATION DATE ,MMIOOIYY DATE ,MM'DDIYY) TYPE OF INSURANCE POUCYNU...ER LIIiITS A GENERAL UABIUTY . T JGLSA752G226A- TIL99 Ii-, COMMERCIAL GENERA. L LIABILITY hi' , . , CLAIMS MADE : X OCCUR 'Î O~ER'S' CONTRACTOR'S PROT 1 02/05/99 02105/00 ! GENERAl AGGREGATE $ ~PRODUCTS .COMProP AGG I $ PERSO.NAL' AOV INJURY $ . EACH OCCURRENCE, $. IFI~~-;;~GE(Any ",.:~.) $ MED EXP (Any one po<son) $ A B AUTOIIOBILE LIABILITY ,X ANY AUTO I-J<..: ALLOWNEOAUTOS I X j SCHEDULED AUTOS X I HIREOAUTOS X NON-OWNED AUTOS I-~- ~ARAGE LlABII.'TY__- --- GARAGE UABIUTY AUTOONL~-.:~þ"ACCIDENT _I $ OTHER THAN AUTO ONLY' - -- - EACH ACCIOENT , $ -- - - AGGREGA~;~ $ I TJCAP752G2271-TIL-99 THCAP752G228-3TIA-99 (TX) 02/05/99 102105199 02105/00 02105100 ; COMBINED SINGLE LIMIT $ I n. 8COILY INJURY $ (P.'po"on) 1 80DlL Y INJURY i$ :IP",--I) PROPERTY DAMAGE $ ANY AUTO D EXCESS UABlLlTY I X UMBRELLA FORM r I OTHER THAN UMBRELLA FORM C i ORK S C .NSATION AND C I EMPLOYERS' LIABILITY THE PROPRIETOR! I PARTNERSlEXECUTIVE I OFFICERS ARE OTHER 17975-15-09 ,. EACH OCCURRE~C~ .-. I AGGREGATE 102105/99 02105100 'TVYCEUB116D640-9-99 (AIS) ¡TVYCO-UB-116D659-9 (NY) I i INCL , EXCL , 02/05/99 107101199 '02105100 02/05/00 X STATUTORY LIMITS r ' ' ..----------_u - -----1----' ----"'-~. , EACH ACCIDENT '$ 1,000.000 DISEASE - POLICY LIMIT $ 1,000.000 . - H--- . . - OISEASE. EACH EMPLOYEE $ 1,000.000 2,000.000 2.000,000 1.000,000 1,000,000 1.000,000 10,000 1,000.000 $ i$ $ 4.000,000 4.000,000 DESCRIPTION OF OPERATlONS'LOCATIDNSNEHICCES/SPECIA!.ITEMS UIiITS IIAY HAVE IEEN REDUCED BY P"'O CLAIMS AND MAY HAVE DEDUCTIBLES OR RETENTIONS. XCEPT WORKERS COMPENSATION, THE CERTIFICATE HOLDER NAMED BELOW IS INCLUDED AS AN ADDITIONAL INSURED IF REQUIRED BY EASE OR CONTRACTUAL AGREEMENT. SITE NUMBER/NAME: WAO226-1 REDONDO. SACAJAWEA ROPERTY ADDRESS: 1600 S. DASH POINT ROAD, FEDERAL WAY. WA 98023. ARCEl NUMBER: 052104901609 ce~TIFICÀTIU'OI.DER CAHCEUATION CITY OF FEDERAL WAY ATTN: CITY TREASURER 33530 1ST WAY SOUTH FEDERAL WAY. WA 98003 SHOULD ANY OF THE ABOVE DESCRIIED POUCIES BE CAN CEll-ED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 11L- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAIlED TO THE lEFT, BUT F"'LURE TO MAIL SUCH NOTICE SHALl-IIiPOSE NO OBLIGATION OR UABlLlTY OF ANY (JND UPON THE CDIIPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE / .-- (7 n Robert S. Fissel f'-.--'\J ~ Acortb CORPORATlON19t (~~~.~~~~~;.,:'~~~:.':,. .~~~ '~.::." ,,"" ~~:;~~::*".:.: ¡;,.!.<;H¡(:t::f.~;~'!""'¡;;'n;í"~i'l , .. ' ' . .......:,.,"~., Lti~ "-,, 01./:l0/00 " .,. , ',. .. ,.. .. . ." . PROOUCEII THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATION MARSH USA INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE «ItIIHIPPANY ROAD HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR MORRISTOWN. NJ 07962-1966 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY 15780 -00001- A TRAVELERS INDEMNITY COMPANY OF ILLINOIS INSURED COMPANY NEXTEL COMMUNICATIONS, INC B TRAVELERS INDEMNITY COMPANY OF AMERICA 2001 EDMUND HALLEY DR. RESTON, VA 20191-3421 COMPANY C TRAVELERS INDEMNITY COMPANY OF CONNECTICUT COMPANY D CHUBB INSURANCE COMPANY OF NEW JERSEY ~.i.~,~~:-::";: Tiw.itP ~'U-~"'ili~"~~jr,,-qf"j".~'--- , r.: ; ,T_~ä,l~'~~ ~~:j! ~"i.I;.;., ~I,~~ nl!ò I:,; ".I :;::~ J!~Y "'A' "1= "LI(;.l,;..- I';S:.ItI\"",:L ~I"I: ¡; ¡¡;'..CW'III',. IIH~ li;f"IU,I 1(; H'L '..~." '1;.[' !'.AMr:: ,0.:10,1 1 ~ ::/ i". r~") ICY I'! 'II:::,) INDICATED, NOlWl1HSTANDING ANY REQUIREMENT. TERM OR CONDITION OF AtfY CONTRACT OR 01HER DOCUMENT '1\111H RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL 1HE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO tYPE OF INSURANCE POUCY NUMBI!R POUCY _EC11IÆ POUCY EXPIRA11ON UMfTS LTJI DA11! (MMIDcm') DA11! (MMIDDIVV) A GENERAL UAIIUTY T JGlSA752G226A- TIL99 02105199 02105100 GENERAl AGGREGATE $ 2,000.000 ~ $ X OMERCIAL GENERAl lIABilITY PROOUCTS . COMPIOP AGG 2,000,000 . CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURV $ 1,000.000 OWNER'S & CONTRACTOR'S MOT EACH OCCURRENCE $ 1,000,000 f- - FIRE OAMAGE (Any on. rn) $ 1,000,000 MEDEXPI!\nvono--' $ 10.000 A AUTOMOØIle lWIUTY T JCAP752G2271-TIL-99 02105199 02/05100 - COMBINED SINGlE lNIT $ 1,000,000 B ~ AI('(AUTO THCAP752G228-3T1A-99 02105199 02105100 X All O'MIED AUTOS (TX) BODllV INJURY $ X SCHEDULED AUTOS (Por ponoon) - ~ HIRED AUTOS BOOIl V INJURV $ X N~D AUTOS (Por_) - X GARAGE LIABILITY PROPERTY DAMAGE $ GM/IIÆ UAIIUTY AU1'Ò'ONlV.EAACCIDENT $ ~AI('(AUTO OTHER THAN AUTO ON.. v' ':¡f,i~l,. EACH ACCIDENT $ I AGGREGATE $ D EXCESS UAIIUTY 7975-15-09 02/05199 02/05100 EACH OCCURRENCE $ 4,000,000 ~ ~MBRELLAFORM AGGREGATE $ 4,000,000 OntER niAN UMBRELlA FORM $ C PENaATlON,,"U TVYCEUBI16D!W0-9-99 (A/S) 02/05/99 02/05100 X I STATUTORYLNITS ,,:þ;<:iilII EMPLOYERS' UAIIUTY 02/05100 1$ C TVYCO-UB-116D659-9 (NV) 07101/99 EACH ACCIDENT 1,000,000 THE PROPRETORJ R'NCl DISEASE. PDlICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE DISEASE. EACH EMPLOYEE I $ 1,000,000 OFFICERS ARE EXCl OTHER DESC~N OF OPERAl1ONSII.OCATIONSlVEHlCl.ESlSPI!ClAl.ITEMS UMITS MAY HAVE BEEN REDUCED fN PAID ~IIS AND IIAY ""VI! DEDUCTlIIL.£9 OR R&TEN1IONS. ~XCEPT WORKERS COMPENSATION, THE CERTIFICATE HOLDER NAMED BELOW IS INCLUDED AS AN ADDITIONAL INSURED IF REQUIRED BY EASE OR CONTRACTUAL AGREEMENT. SITE NUMBER/NAME: WA0226-1 REDONDO. PROPERTY ADDRESS: 1600 S. DASH POINT ROAD, EDERALWAYWA 98023. '~,; ",",'m...»~"" x-,. .;";,.,.""".m~ri~~~mm:i\¡!1!ß~r.~~~ûi~j~~w:<ilRi~ ~lti¡¡j)~i~\¡li~T¿~1¡l!!'!~ill~ifJJ~J~I!WJ81~miili~:I¡:1~i:j~~~~1'!J1¡¡Jø.B't~~~!!I!~~~ij¡1I*¡ ~,:f~!~. SHOULD ANY OF THE ÞlIOVE DESCRIBED POLICIES lIE CANCEI.1£I) BEFORE THE CITY OF FEDERAL WAY EXPIRA 1ION DATE ntEREOF. TIlE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTN: CITY TREASURER ~ DAYS WRITTEN NOTICE TO THE CEJmFICATE HOI.DEA NAMED TO THE LEFT. 33530 ISTWAY SOUTH BUT FAILURE TO MAIL SUCH NO11CE SHAU.IMPOSE NO OElUGAT1ON OR UAIIUTY OF FEDERAL WAY. WA 98003 ANY KIND UPON THE COMPANY, ITS OGENl1I OR REPRESENTAl1YES. AUTHORIZED REPRESENTATIVE ~ ~ RDbert S. Fissel .," ~,._,.,,' .' '" '"':- ., ,. ¡'!¡i~f¡:¡j~ ~!~j ~ ~;~ii i: 1¡~~lm 1: ¡~~~¡'th~~ @!~i~ ~~ :~: i: :~J ';;ì ~ m;iii~¡¡¡ä¡¡j~f¡: ~jjj~f~Î1I!Ij¡~!¥j ~~!,11i!~l (ffi ¡~~, ~ 1:',: ,ni' m'i': nmW, :!~ 1~i¡ ..~.ill ~/J:f" ,", !~;~ iii FILE No.375 01/20 '00 15;03 NEXTEL 20-JAN-OO CUST. ACCT. NO. ID:NEXTEL FAX: '1()1 Edmund RaIley Drive Reston, VA 20191 v~UJA,\ CITY OP FEDERAL WA t No. ; PAGE 4 1007995 DATE VENDOR NO. 56416 . . I RNT-WAO22 I!iL 20-JAN-OO R2e~AN & FEB 2000 RENT/SEC DEP 7,800.00 ,. PLEASE DETACH AND RETAIN THIS STATEMENT AS YOUR FlECORD OF PAYMENT, '1TuutÆ.You ""i"V ,'. I ". ,.~ "':":';""';;",~'1Ç,~:f,',:.:,.:< /~(:;,<'~~',,;;i ",,~~~;,::":~,¡.,::;,:..,,~,I,,,',,:.'¿;¡<,'";::",'.',",',,J:;,t!.',>,"'",;::' "'i~":',';!:,:~~:\-~':"~r:;",, 'N l"" -. ,,"'" ~J),¡ '"'~""""."':B::1Íi ,,-..I'N""""""" , "Ii,' _c.. ~"', .,',,'.~,',¡"-',",.,4" ,,",',-,',."',',",""",",'",:,: """'."'" I,""",.".."".'.'.",,,'.,',',,'...".',",',~N'~.'.,;,,', " ~..:::t:~~~~:;if~~~'~;~~~:f~J~~ ~~t;:t.':-"-' i.¡~{; ~~i'ii ' .... "OO~001qq5" .:0 L ¡, i!O L 5 :i q.: ao O;l? i! ¡;, 1" 01/20/00 THU 14:06 (TX/RX NO 818J] FILE No.375 01/20 '00 15:02 NEXTEL ID:NEXTEL FAX: -"'(II Edmund Hallcy Drive R08ton, V ^ 2019l R~ULAR VEN R NAME CITY OF FEDERAL WA DATE CUST. ACCT. NO. 20-JAN-OO FSE-WAO22 20-JAN-OO R20 ADMrNISTRATIVE COSTS " " ' , , ',"-' P1.EASE DETACH AND RETAIN THIS STATEMENT AS YOUR RECORD OF PAYMENT. '1i'ianÆ.YOU " . ~ 3 ! No. 1007996 VENDOR NO, 56416' 13,809.84 :. ,.",." .,,""""'~ , i i '1"001000 ?QQb'" 1:0 ¡'¡'i!0 IoS3QI: 80 i!b'i"" 03? 01/20/00 TBU 14.:08 [TX/RX NO 8183] .. ~~ÞÏ....ttSA:¡~'!l~; \;~s ~~-=ì. PRODUCER MARSH USA INC. 44 WHIPPANY ROAD PO, BOX 1966 MORRISTOWN. NJ 07962-1966 ~ ,.~,...-" -::,'TlFI&AJ£?e,','" NStJR.ANOE§é.¿, CERTFICATENUMBER " , .. . ., ' " ','." ~ NYC.0003M4??-00 THIS CERTIFICATE IS ISSUED AS A MAHER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY, THIS CERTIFICATE DOES NOT AMEND, EXYEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN, INSURED NEXTEL COMMUNICATIONS, INC 2001 EDMUND HALLEY DR, RESTON, VA 20191-3421 ~ERAGES COMPANIES AFFORDING COVERAGE COMPANY A Zurich American Insurance Company COMPANY B National Union Fire Insurance Company (AIG) COMPANY C COMPANY D .."- ',..,",,' ,m.::','., .,\T"', .': THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVC BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDmONS AND EXCLUSIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO LTR TYPE OF INSURANCE POLICY NUM&R A GENERAl LIABILITY GLO 2984146-00 - X COMMERCIAL GENERAL LIABILITY = ::::J CLAIMS MADE ~ OCCUR - OWNER'S S CONTRACTOR'S PROT A AUTOMOBJLE LIABILITY A X ANY AUTO A ....-x ....- All OWNED AUTOS A X SCHEDUlED AUTOS _X - HIREOAUTOS X NQN.OWNEDAUTOS X 3ARAGE LIABILITY BAP 2984147-00 (ALL STATES) MA 2984148-00 (MA) TAP 2984149-00 (TX) BAP 2984150-00 (VA) GARAGE LIABILITY ~ ANY AUTO B EXCESS LlABJLlTY Xl UMBRELLA FORM Î OTHER THAN UMBRELLA FORM :~:L~::R;~~~~;~TION AND BE 8713443 A A WC 2984144-00 R'NCL WC 2984145-00 EXCL THE PROPRIETOR! PARTNERS/ExECuTIVE OFFICERS ARE, U,"<" POLICY E..ECTIVE POLICY EXPIRATION DATE ""/OOIYY DATE ,""IOOIYY) 04/01/01 04/01102 GENERAL AGGREGATE $ PRODUCTS, COMP/OP AGG $ PERSONAL S ADV INJURY $ EACH OCCURRENCE $ FIRE DAMAGE {Anyone "'e) $ MED ExP (Anyone 00"00) $ COMBINED SINGLE LIMIT $ LIMITS 2,000,000 2,000,000 1,000,000 1,000,000 250,000 10,000 2,000,000 $ $ $ ",'.'"i ,', 4.000.000 4,000,000 'C',',' ~ 1,000,000 1,000,000 1.000,000 DESCRIPTION OF OPERAtiONSILOCATIONSNEHICLESISPECIAlITEIIS fUIIITS IIAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) EXCEPT WORKERS COMPENSATION, THE CERTIFICATE HOLDER NAMED BELOW IS INCLUDED AS AN ADDITIONAL INSURED IF REQUIRED BY LEASE OR CONTRACTUAL AGREEMENT, SITE NUMBER/NAME: WAO226-1 REDONDO, SACAJAWEA PROPERTY ADDRESS: 1600 S, DASH POINT ROAD, FEDERAL WAY. WA 98023, PARCEL NUMBER: 052104901609 ~RTIFICATE HOLDER " "',h'C"", CITY OF FEDERAL WAY ATTN: CITY TREASURER 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 .~'.." .. .. :', ,': ,:'" ' c"",,: , 04/01/01 04/01/01 04/01101 04/01101 04/01/02 04/01102 04/01102 04/01/02 BOOIL Y INJURY (Po< person) BODILY INJURY (Pel BCadenl) PROPERTY DAMAGE 04/01/01 AUTOONLY-EAACCIDENT $ OTHER THAN AUTO ONLY" FAf'H Af'rlnFNT $ AGGREGATE $ EACH OCCURRENCE $ AGGREGATE $ $ 04/01/02 04/01/01 04/01/01 x I T~~I'fJi'is I I E" EL EACH ACCIDENT $ El OISEASE,POLICY LIMIT $ EL DlSEASE-EACH EMPLOYEE $ 04/01/02 04/01/02 , .:, "'CANCE~¡¡::;'ê1;!"f!i1j;>.f!:'¡'~.""'", < "';'~:", ';-'~f:.. """ SHOULD A"" 0' TH' pouc"s D£SCRIBEO HE."N BE CAl<CElLEO BE""'" THE """""TO,. OAT' TH""OF, TH' '.SU"" AfFORDING COVERAG' W1LL ENO£AYOR TO MAIl ---10 DAYS WRITTEN NOnce TO THE LIAB""'" OF AHY KINO UPON "'" "SU'" AF'OROONe COVERAGE, ITS -GENTS O' """SENTATIV" œRnFtCATE HOLOER NAMED H"'IN, BUT "'U" TO ..... SUCH NOTŒ SHALL IMPOSE .0 OBLIGATION "" IIARSH USA INC, BY, Michael 0, Murphy MIf,1(f/tlSt ~.f!~ i::' VALiD'MOF::~1 ~~ ~~- At:...I... 'GlATIFfCA1- OF I NSlHtAN C E DATE (MMIOONY) 01/19/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MARSH USA INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 44 WHIPPANY ROAD HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO. BOX 1966 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. MORRISTOWN. NJ 07962-1966 COMPANIES AFFORDING COVERAGE -- COMPANY A TRAVelERS INDEMNITY COMPANY OF ILLINOIS INSURED COMPANY NEXTEL COMMUNICATIONS, INC B TRAVELERS INDEMNITY COMPANY OF AMERICA 2001 EDMUND HALLEY DR. ."- RESTON, VA 20191-3421 COMPANY C TRAVELERS INDEMNITY COMPANY OF CONNECTICUT COMPANY D CHUBB INSURANCE COMPANY OF NEW JERSEY .cOVER"öI:. .:;.',"i', ,O" -,,'C', "",.;"',."i ',', ;y -j'. " ",-, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POlICY NUMBER POUCY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE '"MIOM'Y) DATE ,IIMIOONY) A GENERALlIA",UTY T J-GLSA- 752G226A 02/05/00 04/01/01 GENERAL AGGREGATE $ 2,000,000 f-- ~ ~~ERCIAl GENERAL lIABILITY PRODUCTS, COMPIOP AGG $ 2,000,000 - CLAIMS MADE 0 OCCUR PERSONAL & Ary,¡ INJURY $ 1,000.000 - OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Anyone ".e) $ 1,000,000 MEO EXP (Anyone pe<son) $ 10,000 A ...UTOMOBIL£ UABILlTy T J-CAP- 752G2271 (AlS) 02/05100 04/01/01 - COMBINED SINGL£ LIMIT S 1,000.000 B ~ ANY AUTO TH-CAP-752G2283 (TX) 02/05/00 04/01/01 X ALL OWNED AUTOS BODILY INJURY $ - (Perp"""", .2<- SCHEDULED AUTOS ~ HIRED AUTOS BODILY INJURY $ ~ NON-OWNED "'UTOS (Per acadenl X GARAGE LIABILITY PROPERTY DAMAGE $ GARAGE lIABILITY AlITO ONLY. EA ACCIDENT $ ~ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ I AGGREGATE $ D EXCESS lIABlillY 7975-15-09 02/05/00 04/01101 EACH OCCURRENCE $ 4,000,000 ~ UMBRELLA FORM AGGREGATE $ 4,000,000 OTHER THAN UMBRELLA FORM $ C WORIŒRS COMPENSAT",N AND TVYAE-UB.11606409 02105/00 02/05/01 X I STATUTORY liMnS ""c"',' ::- EMPLOyERS'l1ABIUTY $ C T J.UB-303D572A 02105/01 04/01/01 EACH ACCIDENT 1,000.000 THE PROPRIETOR! R'NGl DISEASE. PO\.ICY LIMIT $ 1.000.000 PARTNER$ÆXECUTIVE $ 1,000,000 OFFICERS ARE: EXCL DISEASE. EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAlITEMS UMITS MAY H"'VE BEEN REDUCED BY PAID ClAIMS AND MAY HAVE DEDUCTIBLES OR RETENTIONS. XCEPT WORKERS COMPENSATION. THE CERTIFICATE HOLDER NAMED BELOW IS INCLUDED AS AN ADDITIONAL INSURED IF REQUIRED BY EASE OR CONTRACTUAL AGREEMENT. SITE NUMBERINAME: WA0226.1 REDONDO. SACAJAWEA ROPERTY ADDRESS: 1600 S. DASH POINT ROAD, FEDERAL WAY. WA 98023. ARCEL NUMBER: 052104901609 .TIFIC~TE HO4~E)t::'. ÑYó_6~ . ..cpC ELlATIONt' ... B.:(~~~~. :~, ':., SHOULD "'"'I OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF FEDERAL WAY EXPIRATION DATE TNEREOF. THE INSURANCE COMPANY WILL ENDEAVOR TO IIAiL AnN: CITY TREASURER 3~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TNE LEFT, 33530 1ST WAY SOUTH BUT FAILURE TO IIAiL SUCH NOTICE SHIU.LIIIPOSE NO DBLIGATION OR UABILITY OF FEDERAL WAY, WA 98003 "'"'I KINO UPON THE COIIPANY, ITS AGENTS OR REPRESENTATIVES, )Q~JlØm 9611- ~~ Robert S, Fissel ~oltl)'_~31 .,'.- ".. i. .. ,,'-... Acoe.êóRi>olutTION 199 "\ MEETING DATE: November 16, 2004 ITEM#:VJ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Surplus of Old City Hall CATEGORY: BUDGET IMPACT: D CONSENT D RESOLUTION D CITY COUNCIL BUSINESS ~ ORDINANCE ~ PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ .............................. .................................................... ............................. ATTACHMENTS: None. ............................................................................................... .....................................................-....-....................................................... SUMMARY /BACKGROUND: .................-.......-............................ .......................-....... The City Council has previously conducted public hearings regarding a potential lease or sale of the old city hall. The pwpose of these hearings is to notify the public of the City's intent to swplus the property and to allow ample opportunity for public comment. Declaring the building swplus does not require the City to sell the building, but does allow the City to consider such offers. The Council will take additional public action prior to entering into any purchase and sell agreement. ................................... CITY COUNCIL COMMITTEE RECOMMENDATION: N/A ........................................ PROPOSED MOTION: No action is required at this time. CITY MANAGER APP~~~~: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) .................-........... .............................-.............................. COUNCIL ACTION: D APPROVED D DENIED D T ABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 MEETING DATE: November 16,2004 ITEM# -c-V 1/ (ct) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: PLANNING COMMISSION APPOINTMENTS CATEGORY: BUDGET IMPACT: D CONSENT 0 RESOLUTION ~ CITY COUNCIL BUSINESS D ORDINANCE 0 PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: none SUMMARY/BACKGROUND: At a special meeting on November 16,2004, the City Council will interview applicants to fill three 4-year terms and one I-year unexpired term on the city's Planning Commission. All three of the commissioners whose terms are expiring have reapplied, as well as one alternate who has applied for a voting position. There are two additional alternates on the commission at this time. The Council will confirm their new appointments during that evening's regular meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: none PROPOSED MOTION: I hereby move the appointment ofthe following persons to the city's Planning Commission: Three 4-year terms expiring September 30, 2008 - One I-year unexpired term ending September 30, 2005 - (The City Clerk will arrange for introductions and presentation of the appointment certificates for the new appointees at the December 7th regular meeting) CITY MANAGER APPROVAL: . 7\51^ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D T ABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # ST l' reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 MEETING DATE: November 16, 2004 ITEM# Yi! (j- ) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Ventana Final Plat, File No. 04-1O1264-00-SU CATEGORY: BUDGET IMP ACT: D ~ ~ CONSENT RESOLUTION CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0 $0 $none ATTACHMENTS: Briefmg memo dated November 9,2004; October 8, 2004 Staff report (Exhibit D) with attachments to City Council Land Use/ Transportation Committee, including draft Final Plat Resolution (Exhibit C); and Hearing Examiner Recommendation dated February 22, 1999 (Exhibit E). SUMMARYIBACKGROUND: The applicant has submitted a request for final plat approval for the 28-10t Ventana subdivision. The Federal Way City Council approved the Ventana preliminary plat on April 6, 1999. The City Council Land Use/Transportation Committee (LUTe) reviewed the final plat application at their October 18, 2004, meeting. The City Council reviewed the final plat application at their November 2, 2004 meeting, and voted to continue the review to the November 16,2004 meeting. Issues raised by the City Council are discussed in the attached briefing memo dated November 9, 2004. CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC voted to recommend forwarding the Ventana final plat application to the full City Council for further discussions. .........-.......--........... PROPOSED MOTION: Options include: "I move that the Ventana Final Plat resolution be approved because it is in substantial compliance with the preliminary plat conditions." "I move denial of the Ventana Final Plat resolution because it is not in substantial compliance with the conditions of the preliminary plat" "I move the V entana plat be returned to the applicant to complete the condition of planting the SEP A trees. Upon completion, staff will verify that the conditions have been met and return the final plat to the council as a whole". CITY MANAGER APPROVAL: -~...- " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) Doc. J.D. 29507 COUNCIL ACTION: D APPROVED D DENIED D TABLEDIDEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) REVISED - 05/10/2001 Doc. J.D. 29507 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL BRIEFING DATE: November 9,2004 To: Dean McColgan, Mayor Federal Way City Council FROM: Dayid Moseley, City Manager Kathy McClung, Director Of Community Development Services ~ Cary Roe, Public Works Director ~ VIA: SUBJECT: Ventana Final Plat Briefing A. ISSUE The Ventana Final Plat decision. B. BACKGROUND At the November 2, 2004 Council meeting, the Council delayed the decision on the final plat until staff could address three questions. Responses to these issues have been provided: 1. What trees were required to be planted on the site? 210 significant trees were removed from the site for development. Conditions of plat require planting of two types of trees. a. The State Environmental Policy Act (SEPA) process required that 56 replacement trees be planted as mitigation to provide for eagles perching in the area. These trees are fir trees to be a minimum of six feet at the time of planting. The Federal Way City Code (FWCC) requires that 47 evergreen or deciduous trees be planted for removing significant trees. b. Additional required street trees haye been planted, but the required "SEP A" trees and "code required" trees haye not. The staff has allowed the developer to bond for these trees based on them being considered "landscaping." City Council raised the issue that the SEP A trees are not subject to a bond. 2. Why were the building sites raised on the east side of the plat? Following the approval of the preliminary plat, the engineering company representing the applicant on this project was changed. The new engineering company, Barghausen Consulting Engineering, Inc., revised the grading plan due to concerns about directing drainage toward the retaining wall and/or creating drainage problems on the neighboring properties. The new grading plan eliminated the rock retaining wall and created a 2: 1 slope away from the neighboring properties, toward the internal plat road, which resulted in a higher building pad elevation. In addition, the engineer adjusted the elevation of the internal plat road, which also contributed to a higher adjacent building elevation. It is the understanding of staff that the internal plat road was raised in elevation to balance the onsite soil materials and reduce the need to haul dirt offsite. This action also resulted in improving some of the lot views. The Public Works Department approved the design change because it was an improved design and potentially reduced the number of truck trips through the adjacent neighborhood streets. 3. Is a finding by the Hearing Examiner the same as a condition of approval? No. A finding by the Hearing Examiner does not constitute a condition of approval. The Hearing Examiner is an independent office with responsibility for reviewing preliminary plat applications and making recommendations to the City Council. The Hearing Examiner issues a recommendation only, and it is the City Council that must make the final decision regarding approval of any plat application. The Hearing Examiner must base a recommendation on consistency with the comprehensive plan, applicable provisions ofthe FWCC, public health, safety, and welfare, design criteria, and development standards. FWCC Section 20-126(c). The Hearing Examiner is required to include any conditions or restrictions deemed necessary to eliminate or minimize any undesirable effects of granting the application within the recommendation. FWCC Section 20-126(d). He or she must also include a written statement of facts supporting his or her recommendation, a statement of conclusions based on those facts, and a statement of the criteria used by the Hearing Examiner in making the recommendation. FWCC Section 20-126 (e). As the FWCC makes clear, the conditions and the findings and conclusions serve different purposes. Only the conditions, which must be explicitly stated as such, become requirements for approval. The findings and conclusions provide the background and explanation for the conditions, but a finding or conclusion does not rise to the level of a condition. The applicant is not required to comply with any observations or recommendations within a Hearing Examiner decision that are not made conditions of approval. I C. OPTIONS The City Council has three options available to them for consideration: 1. Find the plat in substantial compliance with the conditions of the preliminary plat and APPROVE the plat. Find the plat not in substantial compliance with the conditions of the preliminary plat and DENY the plat. Return the plat to the applicant to complete conditions identified. Upon completion, staff will verify that the conditions have been met and return the final plat to the council as a whole. 2. 3. I Fisher y. Lewis, 1996 WL 432419 (Wash. App Diy. 2). 04-101264 Doc ID #29513 CITY OF FEDERAL WAY MEMO RAND UM DATE: October 12,2004 To: Jack Dovey, Chair Land Userrransportation Committee FROM: VIA: SUBJECT: Ventana Final Plat Application Federal Way File #O4-101264-00-SU I. STAFF RECOMMENDATION Staff recommends that the Land Userrransportation Committee forward to the City Council a recommendation approving the Ventana Final Plat Resolution. II. SUMMARY OF ApPLICA TION/EXHIBITS This application requests final plat approval for Ventana, a subdivision of28 single-family lots on 9.9 acres. The Federal Way City Council granted preliminary plat approval for the 28-lot residential subdivision on Arril6, 1999. The Ventana subdivision is located between SW 3041h Street and SW 3061h Place at 241 Avenue SW. Zoning for the site at the time of application was and continues to be Residential Single-Family (RS 9.6). Pursuant to Federal Way City Code (FWCC) Section 20-136, the City Council may approve the final plat application only if all criteria of FWCC Section 20- 136(b) are met. Findings and conclusions contained in the staff report to the City Council and referenced in the resolution indicate that the application is consistent with these criteria. The following exhibits are included with this memorandum: Exhibit A, Vicinity Map; Exhibit B, Final Plat Map; Exhibit C, Resolution; and Exhibit D, Staff Report (with attachments). III. REASON FOR COUNCIL ACTION The final decision for final plats rest with the City Council in accordance with FWCC Section 20- 136(b). Bringing this matter before the City Council Land Userrransportation Committee for review and recommendation prior to the full Council is consistent with how land use matters are currently processed by the City. IV. PROPOSED MOTION I move that the Land UselTransportation Committee forward to the City Council, and place on the November 2,2004, City Council consent agenda, a recommendation approving the Ventana Final Plat Resolution. APPROVAL OF COMMITTEE ACTION ~~Æ¿ --,~- F~son . Michael Par ~ Ventana Final Plat LUTC Memorandum 04-10 1264 / Doc. I.D. 29107 Page 2 DRAFT ./ð 1d-&7ðy RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE VENTANA FINAL PLAT, FEDERAL WAY, W ASIDNGTON, FILE NO. 04- 101264-00-SU WHEREAS, the Ventana preliminary plat, City of Federal Way File No. 97-103866 OO-SUI, was approved subject to conditions on April 6, 1999, by Federal Way Resolution No. 99-292; and WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 99-292 and in the February 22, 1999, Recommendation of the Federal Way Hearing Examiner with the exception of condition #9 which was modified by the Federal Way City Council in conjunction with Preliminary Plat approval; and WHEREAS, the applicant submitted the application for Ventana final plat within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, the City of Federal Way's Department of Community Development Services and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval and the Federal Way Hearing Examiner and the Federal Way City Council, and their analysis and conclusions are set forth in the October 12, 2004, Staff Report; and WHEREAS, the City Council Land Use/Transportation Committee considered the application for the Ventana final plat at its October 18,2004, meeting and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Staff Report and the application for Ventana final plat during the Council's November 2,2004, meeting; Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLYES AS FOLLOWS: I Also filed under SUB97-0005 based on previous computer system numbering. Res. # ,Pagel Section 1. Findings and Conclusions. 1. The Ventana final plat, City of Federal Way File No. 04-101264-00-SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete. 2. Based on inter alia, the analysis and conclusions in the Staff Report which are adopted herein by reference and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, play grounds, and schools and school grounds as are required by City Code, or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who only walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions listed in the Federal Way Resolution No. 99-292 and the conditions listed in the February 22, 1999, Recommendation of the City of Federal Way Hearing Examiner, with the exception of Condition #9 which was modified by the Federal Way City Council in conjunction with preliminary plat approval, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 20-135. 5. All required improvements have been made and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guaranty for completion and maintenance of all required plat improvements, as identified in the October 12, 2004, Final Plat Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid or will be paid, prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section I above, the Ventana final plat, City of Federal Way File No. 04-101 264-00-SU, is approved subject to satisfaction of compliance with plat conditions and conditions required by the Public Works Director as identified in the Staff Report and as required by applicable codes and policies. , Page 2 Res. # Section 3. Recording. The approved and signed final plat, together with all1egal instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records. The applicant shall pay all recording fees. Section 4. 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 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affinned. Section 6. 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 ,2004. City of Federal Way Mayor, Dean McColgan Attest: City Clerk, N. Christine Green, CMC Approved as to Fonn: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No: Res. # , Page 3 VENT ANA FINAL PLAT Vicinity Map I I . -( 9 - ~ ~ .. ~) ,- q ~. l . r J ~( c, ~ J t..... ý-~';: 7. f-- I--.- ~ ,.--- f--I-- - ~ I f--, i=r f--~, r ~ ~çs~D ~~,~ e- t7~~- . ¡;tiJ ~<¡, ~ SITE" -1 H-~ c j IT \\ Y ¿;, j~ 'L /--. I-- 'rJJ, r- I-- I-- ~ - - I- f--- ~~ -~ - --- .., -M 'F ----J f--I- <--I-- - -I-- (I) --th '- -I-- - -I-- - ~ ~ 1; "IO41"H4- +... - -'= I-- ARE ~laE~ -- '" v' :¡: -- Y I: c> ,¡, --'í ~ ::..i / ~~ -- - .\- \ ~ 'in- - 1 : \ ~ ~ 'f¡ WI 1 ì ~ ;j<' ~\~ ~,Œ ~ T / ~~ r¿ ~ - t::== f 1W¡y -, 7)'ßJ)f1:,= ~ . ~~ , ~~,~ ~ ~~~I \ - ~ ~~" / ð' '-"- -I- /1///// ^\--- ~1-, At ~ ~ ' ~ ~ T- -, ,- //9r hlrT T~i 'y\y 0.4 I 0 0.4 N 0.8 Miles + Map Date: October '04 City of Federal Way 33325 8th Avenue S. PO Box 9718 Federal Way, WA 98063 www.cityoffederalway.com ' This map is intended for use as a graphical representation ONLY. The City of Federal Way makes no warrenty as to its accuracy. FILE NO: 04-101624-00-SU EXHIBIT A PAGE-LOF ...L j """...."",, VENT ANA A PORTION OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12. TOWNSHIP 21 NORTH. RANGE 3 EAST. WILLAMETTE MERIDIAN CITY OF FEDERAL WAY. KING COUNTY. 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PUBUC PURf'OS(S NOT ~COHSISTEHT "'TH TH( US( THER£D( (OR Pueuc H~HW'Y PURPOSES, "'0 AlSO !H( R~HI TO """" '1J. ,.:ern..", SlOPES (OR C\JTS "'0 fU.J.S UPOt< T)t( lOTS "'0 TRACTS SHOWN MR("" .. THE OR"""'- R<ASONJ&( CRADINO 0( .... SIRt:ETS "'0 A"'NUES, "'" nJRTH(R DEDOCATI' TO "" USE Of THE PVBUC '1J. THE EASE"ENTS "'O WCTS SHOWN ON THIS "-'T (OR AU. PUBuc PURPOSES AS """"'TED TH(REON, 'HCLU~NC ,,"T NOT ""ITEt) TO PAAKS, OPEN SP""E, ununES "'0 DRA/NAG( UNlfSS SUCH EAS(HENTS OR TRACTS AA( SP(CIFlC'1J.' romFlED ON THIS I'VoT AS fiONG 0£D£CAT1'D OR CON><'r[O TO A P(RSOII OR (I/TIIY OTHER TI<N< !H( PUÐIJC, ~ WHICII CAS( W( DO HER(BY O£~CAT( "'" COIMY SUCH sm(ETS, EAS("ENTS, OR m;cTS TO 1>« P(RSON OR (NITTY ""NnAro "'0 (00 "" PURPOSE STAT£D. FœTH(R, "" UNO£RS""(O OWN(RS 0( T)t( lAAO HER(II'( SUBDMO(!), w"'" AND R(l£.AS( fOR """SEl"'S. THÐf! HE'" AND ASSIGNS AND "" P"",," "" EN"IY O£RMNG TI11.£ fROM "" UNOI'RSICNEO, "" AND '1J. Ct.WS (OR );j""" """NST "'( ClIY 0( (("'RAI. WAY, ITS SUCC£SSORS "'0 ASSICNS W\iIC!f "'"' or OCCA- SiON£D II'( 11££ D(SlCH, (STÞSUSH""T, CONSTRUCTION, ""(RA"ON, (NlUR( TO ""(RATE. OR ""NTEH"";( 0( _S "'O/OR DRA/NAG( S"T("S, AlTl'RAnoNS O( 1>« GIIOUHO SURfAC(, "'G(TATION, -- OR SURf"'" 00 suesu".ocr: W'T(R FLOWS ""HIN TN( SUBQMSONS OR "'I><" "" -""" OR I)(T(N11OH (ACIUT1£S "'- SIGHED TO R(CEIV( 00 AC1\MU.Y R(C£MNO DlWNAGE fROM THE SU"",,",""" AND THE CiTY 0( ((O£RAI. WAfS R"'EW "'" APPROVAl Of PlAAS "'0 PERHITS (00 SAME OTHER THAN C""'" RESUlTY<C fROM ,"""OUAT( ""NTENANC( BY I><E CITY Of ((t)(RAI. WAY. ,,",TH(R, T)t( U"",RSlGN(O OWN(RS 0( "'E lAAD H"(BY SU'~""D, ""'" "'" """SEl"'S, TN(~ HE'RS "'0 ASS~NS TO "DEHNO", HOlD ""'HlfSS, "'0 DEFEND 1>« C,TY 0( fEO£RAI. WAY, ITS SUCC(SSOftS "'0 ASSIGNS, fRO" "'0 """""T "" """"'E. RfClUD£NG N<Y COSTS Of DUrHSE. ClAIHro II'( PERSONS wm«H 00 ""HOUT THE SUBDMSIOHS TO HA'" BID CAUSED II'( THE O£SICN, EST""-iSHHENT, CONSmucTlON, OI'ERATIOH, (NlUR£ TO OPERA", OR "NNTENAHC[ Of OOAOS "'D/OR _NAG( SYSTI'", "-TERAl1ONS Of THE CIOOUNO SUR- (""E. "'G(TATION, ORAIHAC(, OR "",(.ocr: OR SUBSURf""E WATER FlOWS WITHIN THE SUBOMSIONS OR ""HIN "" -NAG< Of! omNT"N r""ou11ES "'S~N(D TO R(crM OR ""1\INJ.' R(crMIIC _NAG< fROM TH( 5OB- DMSIONS "'0 THE CITY Of ((o(RAI. WA<5 ""£W AND APPROY"- 0( PlAAS AND ""'ws rOR ........ P""""D, TH" WAMR "'" "'E""'ACAl1OH SHAU. NOT " CDHS£RUED AS RElLASINC TH( CITY Of ftD(RAI. WAY, ITS SUC- CESSORS OR ASSICHS, rRON """UTY rOR DA"""S, ONCLUDING 1>« COST 0( O£f(HSE. R(SUl"NO ""'" AND TO I><E ""'HT 0( THE SOL( N(GlJG(NC( or THE C£TV 0( ((o(RAI. WAY, ITS succrSSORS, OR ASSIGHS, TH" SUBDMSlDH, DEDOCAnON, RElEASE. 'NOEHHIACAnON Of C"""', "'0 """'"ENT TO HOLD H"'"",S IS "ADE "'I>< THE rREE CONSENT "'0 " ACCORDAN<E WITH IHE DESIRES Of SND OWNERS, IN ""'ESS """EO( '" 5(1 OUR IWIOS "'0 ",,"5, CN<N. DEVElOP",", u.C.. A W""'HOTON U"IT(() """UTY CORPANY BY, GOROON RADO.cH ITS, """"ER 1>« CORHERe( ""'K Of w""NGTOH. HA BY, 'TS. SUSN< ....... ACKNOWLEDGMENTS ~~';;TYOf O(W';':"TON ¡ ss- I cr'"" ""T I KHDW OR HA'" SAnsr""TOR' "'O£",E ""T GORDON RA()()'o1C1< IS I><E P(RSDN WHO APP(AA(D "'DR( 11£, "'0 SND PERSON ACKNOWlEDGED THAT HE SICN£D I><IS INSTRU"ENT, ON DAI>< STATED HE WAS ",I><ORIl£D TO "'CUTE 1>« INSTRUHE" "'0 ""KNOwlEDGED IT AS TH( HANAGI'R Of CANN. """,-",,""T llC TO " I><E "TEE "'0 VOLUNT"" "'" Of SUCH P"'TY fOR TN( USES "'0 PURPOSES """OHED IN THE INST"""ENT DATED THIS_D" Dr_, 'DO', HDTm PUBlJC " "'0 fOR 1>« STAT( 0( WASH£NOTON R(SI~HG AT PR,"TED HAM( C""H"90N (XPIRES ~6~"'" ';';;1:::;'GIOH ¡ SS. I crR"" ""T I KNO" OR HA'" SATlSr""TOR' ""DEHCE n..T ----- IS THE PERSON ,,"0 ""'EARED B"ORE HE. AHD SND PERSON ""KNOwlEDGED I><AT (5IHE SIGNED m" ,"S£Ru"ENT, ON DAm STAlED (S)H( WAS "'THOT""D TO EXECUTE TH( ,"STRU"ENT "'0 ""KNOWC(DGED IT AS THE ---- Of I><E C""HE""( .....K or WASH,"GTON, HA TO " 1><[ fREE "'0 VOlU""'T "'" Of SUCH PAATY (OR THE US(S AND PURPOSES HENTlON(D '" THE "smu"," DATED THIS_DAY Of_, 'DOJ. HOTAA' PUBUC " "'0 fOR I><E STATE Of WASH,"GTDN R(SI~NC AT ""TED H""( COIAH"S,," "PIRES STATE Of WASH'NOIDH COONTY Of K,"G ¡55 I CER"" THAT I KHDW OR HA" SAnsr""IQRY "'DENCE 'HAT SUSAN HORAN IS THE p(RSON WHO APPEARED "rDR( HE, "'0 SHE ACKHOWC[OC(O THAT SH( SIGN[O I><IS "STRUH(NT "'0 ACKHOWL(DG[O " TO " HER rR(E "'" VOlUHTAAT ""T fOR 1>« us(S N<O PURPOSES "ENTIQN(D " IH( ,"STRU",NT. DAlEO IT<S _DAY or -' 200' NOTm PUBlJC ~ "'" fOR THE STAlE 0( WASH£NOION R(9D£NC AT -TED""'( CORHISSION "PIRES f(O£"", WAY (Ill' NO, D,-TDI26H)0-SU APPROVAlS DEPARTMEHT O( PUBUC WORKS EK""NED AND ""PRO",D TH"_~_DA' Of_____, 200'. Pu8l~ wbR"s-òi¡¡Eëi6R-------~------ DEPARTMENT or COH"UWIY DEVElOPMENT ("HINEO AND 'PPRO'lED JHIS___OAY or__, "04- DIRECTORO'-CÓO;¡¡¡UNiTYOËVELOP;;¡¡ NT FEDERA,- WAY CITY COUNCIL EK'.""D AND APPR"'<D ""5____OA' or__~___-, 200' ¡¡¡'YÕ.------------------ ------ .-- ATTEST, ëlffC¡¡RK- - -- .---------------.- u --- - KING COUNTY DEPARTHENT O( ASSESSMENTS EX""'"'" A"O APP"\~D THI5___0AY or- --- , 2CD' ;¡¡;¡¡;èôliNiY:<ŠšEssOR-- DEPUiY'K,fiG- ëö¡;"WAss(ssõ. '"'COUNT NUHeER______---------- -~--- FINANCE DMSIDN CERTlflCATE I HEREBY CER"TV 'HAT '1J. PROPERTY TA.<ES "'E P"D, THAT 'HERE ARE 'IC "'UHOUENT "ED"" ASSESSHEN" Cf"nD TO THfS DTFæE fOR CDillCTION AND I><AT AlL SPECIAl '-'SESSH",TS CER"'ED '0 I><IS DfT"E fOR COllEC"O" '" "" Of JHE """"TY HER(IN CDN1N"ED, D£D,,^TED '-' S"ECTS, "'-lETS OR TOR AH' OO," puBLæ "'E, AAE PNO " fUlL TO<IS ------- DA' Of --------, 200.. "H"'" OMSIOH HANAG", "N"'" DMSION D(PUrY------~ UTILITY EASEMENT PROVlSIONS '" EAS("ENT G HEREBY R(SEOM:D fOR "'o CON""ro TO PUGCT SOUND ""ROY, RfC, ""CAST, D>'ST, WE"'v," U"UTY DlSm£CT "'0 I>«lR R(""C"'" SUCcrSSORS .'" AS-eNS UHOER "'0 uPON THE PRIVATE 'T""(S), If Ni',"'DI><EEKT1'R"" lO(£OlrmOfAlltDTS,"'OCTS"'DSP""""'1><1N THE ""Tl",ICPARAUEl""""" N>lO><£NO "-l smm(SI " 'HQi TO CONS£RUCT, OP(RATE, WiNT"N, R£P,.,., PEPlXE >M; "LA.o( uNOERGR~JNC PlP(S, COHD~TS, OOU:S "'0 W~ES .ITH "'- HECESSAA' OR C_NIE", US",PCRDv'D DR GROUND-HOv"'ED N'PliRŒNANCES I><ERCTO roR I><E PlJ¡P{)SE Of S,",,", THIS SU""'ION AND 01><" p"P"IY "'JH "'CTR£C, GAS, TillPHON( AND OTHER U"UTY "<"'E, lOG("" WITH TH( ~GHT TO ('TER UPON THE S<REm, Lers, £PAC" "'0 SPAC1:S AT AU. "HES rOR !HE PURPG" HEREIN STATI'O. DOWNSPOUT NOTE AU- ,,"'",NG DOWNSPOU", fOO"HG ORNNS, "'0 ORNNS fROM AlL '"PERVIOUS SURf""ES SUCN AS °A;"" AHD DRO"""" SHALl " C""NEDTED TO T"E FE"""NT STOR" -" OO<LCT AS SI"" OH 'Hf"""""-' ceNS<- ROCT"" _"NOS, PER"'T NO 00-£00913-00-" f£l( "'TH TH( C£TV or fEO£RAI. w., 'HIS PC"', "'AU. " 5OBHmm WlJ" JH' N'RueAno.. or ÞHY 'UIlD". P£RH'I. "-l CON"enoNS 01' ,,£ D,"NS "'-'Sf " COWRuurD ",0 APP"""'D PR"" TO 'HE ANAl BUIlDING INSPECT,," APPROVAl All INOMDUAl 'O, SlUB-Ov," 5"'" " PRWATELT OWNED AHD HNNTNN(D II'( THE lOT"""" 0.,," - SURVEYOR'S NOTES; 1. A AElD """'RSf USING A 'urn SEH" "'0 A '5DKK" SCT 3£00- TO'Al STA"C"'S CO"O""O. "'.>6 USH£NG I><E "'GU"",, "'0 Ol3£AN" "LA"O"SHIP BCTWE<N THE HO",""'" "'0 HNO'TRn l "" '" ",eM, HEREON THE J£ESUl"HG om H'ETS OR mEEDS THE STAH""'D5 TOR lAND .OvNOARY """5 '" '" """, fN ""'H,"GTDH _'NlSTP""" CODE CHAPTER "'-L'O-O9D , PLAT COR HERS w(HE S"T<ED "'TH ,. . "P(, ,,' £N [(HGI>< rlUED AlT" co","'" "°<7 feT ,'O""" W(RE S"'<ED ,,1>< 'I" G.\CV^,Q(O IRDH rll'!' WlI>< PLAST~ CAPS H'_,"fD -30£ "",' ce,,' :OJ '_U""R5 wERE STAKED WITH 'I" GAlVAHIZED ""N "PE "'TH PlAS"C CAPS H,-o.EO -9C( """ ""'" """',T'¡' w(RE SCT Aõ ROAD IN"RS""ONS, PC'S, prs, OR PI'S. ,- BASIS Of WRINGS "'0 Sl"~H SUBOMS~' P(R PLAT Of WOJA ,~"'-"'OS v, lJl.~"" "'" "'" V",C¡, 191' "'0 RW)NOED IN ",,"UHE " or PLATS, P""ES 71-72, UNOCR RECO"'NG " ¡',O"""', """'GS or KING COUNTY, WASHINGTON- , ",NCHI""K A ROH ON "IST'NO """TAA' SM' "N'HOlE lOCAtED I" '-"'O£A "'0..""". P",,'<1.[1 PER T"-CDUNTY lAAD SUR"" COHo"" 5/23/91. "'RnCAl D,ruH KCAS l ~ \\ ',.: ~ \ 1\ \\\i\ \ \ \:': l-"';;',¡(: (¡)C.: .i. ,jIron/;""'! / ., /' :,",: "", " il:1"~;'I:I:H:f':' .5.r' 0. ) ::,;'10 "0" !. !'. ":\'.. Gml" "I; ';¡I,":"eers, Inc. ~ "0' """",,(,~~.~.s.M" i'. I-"":'" ,"'" "¡eo!' ~ . .1-' " """, ')251-9'82 ~ "'-~"'~,/ ",,'!:,o,:'¡:'.:,':,T21N-R3EW.M. ~ '.'0"'; ~:,¡!::I:'()F4 " , .', " EXHIBIT l< PAGE 2 ^;...."....;^.~ J VENTANA """"" A PORTION OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 3 EAST, WILLAMETTE MERIDIAN CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON PlAT NOTES AND RESTRICTIONS: '. OUR~C "" COURSE or CONSlRUCT1Ot< O' "" LOT WlTHIH THIS SU8OM~OH, STU,-OUT IIMRT EltY"OOS 'OR STORM OFWN"'< SHOULD" V<"'"(O BY TH( ~m~ou'l lOT 'U'lO(R OR OWN£R 'O PRO~O( TH( H(C(S- 5AAY SlOPT: '"" ""'" TH( P,,"POSEO NOUS£. 2. TH( "'ITCl£S or ,"CORPORATION roR TH( "'HT,"' HO"(OWN(RS' "SOCIATION "" ON "l£ WITH TH( ST'" or W"HINOTOH IN Ol"'P,,- ,. "" ""'R£5SES SHO"WN "" PRW",""" ONl' ,"0 M( SUMCT TO C""C'. " OlC"'£O BY TH( 'UWNC O£PMTM£NT. '. TH(R( SIWJ. B( NO mR(CT "'H~WR ",cm TO OR fROM SW ""TH STRm OR 26TH ,,"NU( SW fROM -( LOrs,",~H"!UT IT. , """T ',' IS , STORM OIW""" T""'T ,"0 IS H(R(BY O£OICAT(!) 10 '"( CIIY or f(0£FW. w" 'OR O"WN£R- SHIP ..., M""T(""",( PlJRPOS£S. G. TTW:T ',' IS '" OP'" S1'>CT: TTW:T "'" IS H(R(BY CQNVO£D 10 TH< kQ<,I£OWN(,,' "SOCIA"ON "'H""(D ~ NOI'( 2, ""'" 'OR 0WN(RSH!f' "'0 ""HT(H"'C( PURPOSES. THE R"""'" OIl "SruR""C( or v<cmnoH "'0 "",oso"","c SIWJ. BE "",,"""'0 WlT~H """T "', EXC(PI " N(ers,,", 'OIl N.NT(N"'," DR REPl>C(- N£NT 0' EXISTING Þ"","NOS "'0 " "",,"ov<o IN "lnNG BY 1I1( C1IY O, fET)[FW. W". 7. THE STOIIN OIW""" (.IStN"" (SOC) NOT(D H<REON WlTtIN LOT >S, IS PlJBUC "'" IS HER(BY COH\'£'I[() 1O THE CIIY 0' ",I)(FW. w" 'DR THE CONSlROCT1Ot<, ""N"""'C( "'" R£P.R 0' STO,," OIWH""" """TI£'. S1R\JCTU8£S. fill. OIl 08S1R\JCT1ONS (IHClUDINC BUT NOT ,,"T[D 10 I)(C"" "1105, OUTBUIlDINCS, OIl MR- tW<CS) SI1.<U. NOT 8£ Þ£"'TT£D """"" THE B1J<.I>NC S£1ijAC' UN( (BS8l) OIl """H P\J8UC """""'" £.<S(N(Hrs. """T1Ot<oIU.Y, C"""HC "'0 CONSTRUCTION or F[NC1NG SHoIU. NOT B( oIU.OWED WTTHIH TH( PlJBL~ """HAC( ""M("", SNOWN ON 1I11S P1JIT .... UNLESS OTH£R"'" ""PRO\'(D BY TH( CIIY or f£OCRAl W,y. G oIU. ""'NT or w" ""N(Hrs (RWE) HOT[D H<REON " ON(-fOOT WlI)( "" H<R(BY O£D<A"D TO TH( CIIY or FED(RAl w" 'DR TN( ~ST""'TOO "'0 ""N""-'"C£ or STRm UCNTIHC. ,. '" VT!UTY (AS("'Hrs (U() H')lID I£REON " lO-ftrT OID( "" I£RE" C<JNVE)tD TO "" "'0 '" UTTUT1(S fOR '"( IHST'lLATION "'" ""H""""'( or W"'R, SEW£R, POW£R, CAS, PHON(, "'0 CABLE """'IOH. '" MRl""" (AS(N,", OV<R THE I-fCOT ADJ.OCENT TO IH( Þueuc R""TS-or-w" "" B"N D£D~,T(!) TO TH( CITY or FED£FW. W" " , """I-or-W" (AS(N(NT. (5(( NOT( e, """£) TO. 'll "",ReO( ",(M(NTS (W\.£) HOT(D N(R(ON >O( H(R(BY O£D~,T(D TO lAK(H""H unuIY DISTR~T 'DR QWN[RSH~ "'0 N.NT(fWICE PURPOS£S. 11. .., """'R' "WER '-"(N("", (SS£) NO1(O to(OH WlTH~ lOTS" "'0 20 "'" H<REB' ()(OIÇAT[D TO lAK(H""" UT.,IY ~STR~T fOIl QWN[RSHIP "'" ""H"H"'" PU8POS£S. 12. '"( RO'" "'0 STOIIN O""IN"'" "STO" SH'l1. 0( CONSTRUCT[O "'cœ<HNC 10 THE""""""'" """ "0 PRO"£' PT:RMIT NO. 00-IOO97>-OO-(N Ot< flL£ WI," THE CIIY 0' F1'DER" W". "'Y D£'MIION fR"" TH( """"MD """' WIll REOVIR( WRlTT[H ""ÞROv" fRO!< '"' CIIY or F1'D(FW. W" PU8UC WOR" D£PAA""NT. ". TH£ 'lRm "",S, I'tNIT[D " , CON1>IT1Ot< or PLAT ""PROV.... SH'l1. B£ PwIT£O "'CORDI"" TO THE APPROVED (NCIN"RINC P"",, P(RNIT NO. OO-IOO"'-OO-EH ON Al£ WITH ,"E CITY or 'EOERIIL WA'. ..u. SIREO lR((5 SHoIU. B( N.NT""D BY TH( C1IY or FEDERAl "". ... IH( BUIlDiHC SETIIÞoC' UHES OH COR"'R lO15 "'v< "'H SHOWN WllI1 , IYP1CAl 'R"'<T YAAO SO"",; ~~"c~R~~ MA~'j,.CI~ 'i~..~c;.,~t'r, 2~ñ\ ~':'~~c ~~°,'k".IYu~¡~~~~¿;:yRTY ". 'PlAT erR"""'1'( PREP""" B' "'""'" mu: """""'" "",p"", Tl£m _R "'. 11100" ..0 ",T(!) MA' 16, 200', ..., ..u. SUPP""'Hr"s TH(R(Of, WERE REl<O UPON FOR R"OIID "'., "FECTINC THIS SUBOMSIOH. "'CORDING TO '"(" """,,"OITS, TH( '0Ll"'" IT(", "",CT 1I11S ~T(; , ... IJHOEROROUND IJ1TUTY (AS(N£NT "'" THE """" ..0 CO""'I"'" THmar fOR ELtClRlC TTW<S"IS'IOH ""'/DR "STRll!UTTON mTEN " R£COIIO£O UNO(R R(CDROINC NO. B0051""'. THIS (ASENoo "" O(£N C""'NiC"" D(P~TED Of< SHŒT " WllI1'" LDT 2e. B. '" """""NI "'" THE W!I<S ..0 COOO<T1ONS THEREor FOR COt<STROCTION OF _R "'" ""R S""N' " RECORD£D IJHOER RECOROINC NO. 200000"0012". TtITS DOCV","T H" 8E£N ""NO£D """'R RECORDINC HOS. 20010025002152 ..., 2002""12001"'. C. NOT1C£ or """"""'" T"" OIl CONN"TION CHAACT:S F1lED BY w,,'" "srT":1 NO. 121 " RECORD£D UNOER RECOR~NG NO. 810"'0016. D. UC£NSE TO ""R PROPI'RIY, "'" THE "R'" "'" CONOITIONS ,"(REor, TO """CT THE CONSTRUCnoH 0' ,""RQV£N(N!S " RECORO£D UNO'" RECORDING NO. 200""'0000<0. THIS lJC£NSE WIll ''If -OOTHCVISH WH£N 1I1( eoHOS AA( RElÐSID. 16. "'CORCING TO ".. COHomoNS or """""", 56 DOUOlAS 'IR OIl CIW<O ... TRŒS, , N"NVN 0' 5" ftrT ~ H(,,", " TH£ TINE OF I'tNITlNC, SHoIU. B( IIISTÞillD PR"'" '0 ...... PLAT """""... 1I1£S( """ OILl 0( lOWED Ot< lOTS " 2, " 16, ,e "0 ", "'0 TRACT ... IN «CORON<C£ WTTH THE APPRO"'D TR£( R£PlAC(N(HT PlAN ON '" WI," THE CITY or FEO£RIIL WA', SHm " or JO or THE (NC,",(RINC D(SlCN """ '0. 's£P" REPlACENENT TRm .... REQUIRED TO N"IOATE (tMRO""£NT.. ",P"'" "'0 TO P""",O( Þ£RCHIHC OP!'OIITUNlnES fOR AAfA ..... fACLES. TH( ".. TRE£S, WH~H >O( TO REM"" IH ""..OUIIY, SHAll " ""NT"NID BY TH( NOM(OWN",,' "SOC~TION. MA,",,( ".. R(PlAC£N£NT lR((5 WHICH N"'uRE , NIHINUN or 15 TO 20 FEO ~ H(ICHI, SHALl B( APPROVED TO 0( """" VP B' TH( NOM(QWN£RS' "SOCIATlOt<, " lONG " '" PT:RC(H' CROWN IS R£TÞIN£D. W '"" ".. lREES "'" _0 OIl Dt:,TROY£O IH mY MANN(R, '"( NON(OWN"'S' ASSOCIATION SHeU. REPlAC£ s.w ".. TR([ WITH , NININ'" S,,-fOOT ,..u. "'" DOUOlAS "R OIl CIW<O 'DR lR£(. '" MRLYINC (AS(N"T IS HER£BY CRANT(O TO TH£ ""'(O"WN"'" .<SSoC1.<noH ~NTIfTED ~ HOT( 2, ,"OV<. MR (HOS( PORTIONS or TH( LOrs NO"D IH P""""""'H 0Nt: or 1I11S HOTE WH~H "'" ICENTIAID ON TH( M"" P""" (SHm . or ') " lR" REPlAC(",NT (AS(M£Nrs (IRE). "'" MR S""fTCTENT """lION.. PORTIONS 0' '"0 lOTS TO ",ms "'" (AS(N(NT AA(AS, 'OIl 1I1( """"""'C( or TN!: '5(..' R(PlAC£NENT IRE£5. 17. R(P"":£M,"T IREES fOR SlCH."",T TR(£S REMOV£D DURIHC CONSTROCTION SHoIU. B( O£P'Cl(D ON TH( B~l"HC Þ£,,"IT SIT[ PlAN 'OR LOTS 11, 17, TO, 20. 21, 22. ", 21, "'0 25 " THE T1IoI( or - Þ£R- N" AI'PUC""N. REPlAC£"'NT IR((5 SIWJ. 8£ "'(0 OH TH( """MO TR" REPlAC(,,(HT PW< ",CORO'" VHDER R"OIIDINC HUMB(R . OR SHeU. BE BASED OH TH£ APPRO"'D REPlAC(NENT TRE( UST. R(OUIRED REPlAC(II£NT TRm SIWJ. B( IIIST"'(D "" fACH "'(CT[O lOT P1'TOR TO F1N>lIllSP£C- nON ,"0 SHoIU. 0( TH( RE5T'ONSiBIUTY or TH( IN""'DUAl HON( OWHER 'OIl M""",NANC( "'" R(PlAC(N(NT. Ie. STORN WAT(RS WIll B( OISCNARC(D Off-sm: ""'" TRACT ',' .... .... ""-Sl" (.ISt"'HT WlIH~ lOT 25, "'0 orf-SI" .... ""M(NTS RECORCIHC """B(RS 200"""000"", 200"""000"'6, 2002011TOO22<2 "'" 200"'""00"" TO PVSlIC RO.oW'1'S. "'" MIIT\MU.Y 10 OUT-folU. IN PUCE! SQ\JND. to. FlU. SlOPES EXIST AT THE REAA or LOrs I '"""""" e, " - TO, ..., 20 THROUCH 2I!. """""'HC TO , lETTT:R ""'" '5SOC1A1(O £ART11 SC<NC£S, ~C.. 0111(0 MAY 2'. 200', THERE .... NO 8UtDII<C RESlR~- T1ONS 'DR 111m SlOPES 01l1£R TNAN THE """""'- PROf'I'RTY lINE S(T"", UNirs PRESCRIBED BY THE CITY or fET)[FW. ..,. TN( SlOPES W\U. 8£ SUBJECT 10 £.OOSOON .. TH(Y "'" "S,""BEO ,"0 "" CONS1R\JCTlOt< ON '"' SlOPEs SHOULO """"PORAT[ ... (ROSION ...0 """'(H' CONTTIOL """ TO P_NT """"""'T or SOIl orf TN( SlOP£S. ,"'OCT"'" C"""" SHOUlD 8£ _T..HID MR ..u. PO"'IONS Of THE SlOPEs ON ,",~H DE'ÆlOPN(HT DOE' NOI OCCUR. PllEF1'1W1L( IN<OSCAAING """'" CONSIST or Dt:£P(R-RCOT[O, "'1M: SPECIES T11AT co NOT REOUIRI' SICNIfTCN!IIRRICATTON 10 at: susr.H(D. ~"-CT:N(RAT[D STORN W'T[R SHOUlD HOT BE oIU.OWED TO D1SCNAACE ONIO THE fU SlOPES. STORM W,,'" C<UECTID fRO!< All "Þ£IMOIJS SUR- f"'£S "" THE lOrs SHOUlD BE ~R(Cl(O TO THE PROJECI ST""N ",T[R Cou.r:CnoH 5""". lANOSCAI'INC f£};TUR£S T11AI REOUIRE .....""" (1.(" ROC1«RlES, REI"- "AllS, DC.) SHOUlD lTCNTT.iN£ All STO,," WAT[R C<UECTION PIP(5 TO THE eo""" or 1I1( SlOP£S FOR OISCNARCE. RECOMII£HD£D R£.KOINC ~ TH£ OOCWU<T 'SLOÞ£ S",'U2ATION "'" (ROSION COHTROl USINC "'OCT"ION', P\J9l<ATTON ".-'" OIIT(D MA' 1m. BY 1I1( W"",",,T"" STAT[ DEPAIT"'£NT OF EOOlOCY. 20. TRACTS 'C', ". "'" '£" "'" lAHOSCH'[ TRACTS, "'" ..... "'REBY """""" 10 THE NOII£O"WN(RS' "'ocv.TION ""HT1f1EO ~ NOT[ 2, ""'" FOR OWN£RSHIP "'" ""H"NANC( PURP0S£'5. FEOCRAl W" nu: NO. ()4-10T26'-00-SU PlAT DEDICATION FOR NON-EXCLUSIVE EASEMENT AN fAS(""T IS HEREBY "(.c"",' RESlIMD fOR '"" C,,"!EO ro "".""'N unv" rIlST"". "'5 ''<oS. """'0"' ANO"S<NS,fORSOL~""'1T9\OU.OWN""'IIKiNT.N'Ii(,",UT'S""'¡NC£DI'E"""O[R'""JP'N"¡"[). S"""""TI£Pl.ATHlDDlSCOI'£D"Rt>""'ITOJN(EAs("""'(O1.QOR""""'S(NC'fASl.".I-("'ITO'""'li, """'ON, REIVa. "',., "0 OPERAT( ","R ..0 5£W£R MN" ," ""'PuR"N"", COR IH-S scem'IS"N "'" O'li," PRO"RIY TOO(1ll(R "", 'Ii( '"'"' '0 [NI'(R UI'DN ,"0 =""'" " "-l TM' 'OR IH( ",",OS( ""to HQIMl>NC. W'U., ROC<[". FtNC(,TR((S OR ,TRUC,""(D'."""D"',,-, O('RCtITD O'P","lEO. IIOR "'N.!. ""F1U."'Tl'R""R£I'LK£D","~TH£8OUND"I£SOf,"D()S".HT"", "OExCA""'O"SI"_LD(""""'," ,"R" 'm or ""0 ..T" OR "WER SCR\'IC( f"""", "'0 TH( "R"« l(V(l o' Tel CRCUND "'THIN 'H( (AS(",NT MfA '",U R' ,..",'."'" ,. 'H, ,""'M" " ..~",..,- "'-"NC. GRANrOR 'O""ON"" """" TOTH(CRAN"(.,"(I ",," '. rO"'D "".'NT AAfAASSH", 0( R'OUIR£O 'OR ;H( ?£PAnON Of "'O wo"R OR SEW" ""'lITI£5. TH( US( 0 ""l£ V""MUM >NO or ROUR"" TO TH( CONO'TlCN [XIS; ",ON BY CR""E OR Irs IoC(NTS IH"",noHrOIH(O!> '. 'YTO"""O"~IY""(A$'M(NT OR O,"ER RIGt<! Dr u'^<i( IH TH( PROPERlY WHICH WOULD "PNR OR UN" '"( c""..,n USE '" TH( "",. N£NT AA£A r-----------------------------------------, : I: I I I I I I I : ~ I : ¡ I I MAX. 2SlOP( . .-e: I¡J!~~¡II ~ l ! : -="í~llJ~Y' : : -;f.w~ -- -. ___n__- : : ,",¡,~"'7..#" J : :il¡l-Jltj3~ 4'" [=~QI)TlHC -J______n..- : : ...l,-ëIJY; I : ,,_,I¡=,U¡; : I 1,1=,). -H/J-"---' WH(R(H-THESlOREH(lCNT I : ;::r : I i I I : DETAIL: L______-------------------~~~~------------j PlAT NOTES: (con\;nued from left) 21. '~""HC ON SlOPINC LOTS H. 12-16 ..,," 20-" SHOULD fOllOW TH( CII'DEU"£S 0' It'ENn,,,"c'',, BIII""HC CODE ("""I SWIOH "OU2 " PER '",UR( "OSJ I roo CO""'UCT"N ON 0" "'-""'" TO ,':s- erNmNC SlOffS lm TH," IHIV"'O " PER OONl ,""'" "-1,,..-( SET"'" "'o ,,'~'~...m 'C';CD " SUMCT TO TH( "(O,,"(M(I<rs or S(CTION """ or TH' ~"RN"'OI'" ,"'D"C 'CUE l,e,,) - - - ~ ( ~ g "," O~-Iu.~c' ~ ~ JCO NO. "0" I ~ ;:. d q , Barghausen Consulting Engineers, Ine. C;',iI (O"O"';;". to"" "'00,<. "",,;,.,, f,.)",~,'" "c,<.. IBm "'" ,~"'" s"", ""," "'" 1",,-, (425)251-"'2 "" ("'J25'-"" NW1f4 OF NE1f4 SEC, ß T21N-R3E W.M, SHEET 3 OF 4 '" EXHIBIT PAGE ~ B OF~ .";" .- . VENTANA I [ ,CW","" J ';"-\'-'~~:c! ~:G. 2 "'" .,¡; ~"'C "A >OL. >" ,Me >" ~ (NOT OPEN! - 0' « '" C) n. <1 0 '" 1 .' ~ - - I I --1 ~' hi 'r '-4' ~ ,,;;[ " . 50 " .. ~ ",.,,' " ~' """ I I / " 25' 25' 99, ?~;s.::-;2 .... ",It! UN< LO"". lD«11< l1R 0.- 4.'" U 0."" ,.., LJ""", .". 14 T lJ""", ",' ..""'" ,,' ""'" "",'OS" "..,'." ,..or" ,,' NOr" , ....,.", ~ j"' . ., ~""U'" ,. , " , " ".. . , '. LEGEND - """"......""""tiIHIT"""""""""i $ """"""""tnom' "",.""..".,¡ . O1TIX""""""",,"""""!(1"I'tIJ"""" ŒQJ =' ==:. ~':" .: :: :':;.¡m .. -""""!AIOOITtn""",HITII '" OD<! IX "'!AIOOIT tn ""'. om II If UIU11'OOJ(JIT tn""', om ~ '" ......"""""tn"""'SItIT~ '" ""'.. ,...". - tn "'" II. SItIT ~ ISO. ......"""""'" .. !IIII_-tn""',O<III Y. ..... f1IT )( Uf!IX.......",......"","""""!(1 'ft..... NO ""'" <» ... ,.",. !(1 '" õ ~ . ".ICe NO. "" i Barghausen ""'. O§ Consulting Engin'eeors:'lnc. ~ CMlr_. .',l"'P""',,5o"'. y'""(".",~,""""",,, ~ ~. 16m n,,' ,....~ ',",' ""'," '60" ~ '" T.'",~, (415) 251-8222 r" (415)'51-"" ~ : NW1/4 OF NE1/4, SEC, 12,.flIN-R3E, W-,-M. C SHEET 4 OF 4 . ,,' ." ,. . , " " .r . . " " . . ,. . , ., . !' . .. EXHI~T 1;> PAGE OF~ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE VENTANA FINAL PLAT, FEDERAL WAY, WASHINGTON, FILE NO. 04- 101264-00-SU WHEREAS, the Ventana preliminary plat, City of Federal Way File No. 97-103866 OO-SUI, was approved subject to conditions on April 6, 1999, by Federal Way Resolution No. 99-292; and WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 99-292 and in the February 22, 1999, Recommendation of the Federal Way Hearing Examiner with the exception of condition #9 which was modified by the Federal Way City Council in conjunction with Preliminary Plat approval; and WHEREAS, the applicant submitted the application for Ventana final plat within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, the City of Federal Way's Department of Community Development Services and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval and the Federal Way Hearing Examiner and the Federal Way City Council, and their analysis and conclusions are set forth in the October 12, 2004, Staff Report; and WHEREAS, the City Council Land Useffransportation Committee considered the application for the Ventana final plat at its October 18, 2004, meeting and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Staff Report and the application for Ventana final plat during the Council's November 2,2004, meeting; Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLYES AS FOLLOWS: Res. # . Page I EXHIBIT ~ PAGE -I ~ I Also filed under SUB97-0005 based on previous computer system numbering. Section 1. Findings and Conclusions. 1. The Ventana final plat, City of Federal Way File No. 04-101264-00-S0, is in substantial confonnance to the preliminary plat and is in confonnance with applicable zoning ordinances or other land use controls in eff~ct aUhe time the preliminary plat application was deemed complete. 2. Based on inter alia, the analysis and conclusions in the Staff Report which are adopted herein by reference and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recr~ation, play grounds, and schools and school grounds as are required by City Codè, or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who only walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions listed in the Federal Way Resolution No. 99-292 and the conditions listed in the February 22, 1999, Reco~mendation of the City of Federal Way Hearing Examiner, with the exception of Condition #9 which was modified by the Federal Way City Council in conjunction with preliminary plat approval, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 20-135. 5. All required improvements have been made and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guaranty for completion and maintenance of all required plat improvements, as identified in the October 12, 2004, Final Plat Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid or will be paid, prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section 1 above, the Ventana final plat, City of Federal Way File No. 04-10 I 264-00-S0, is approved subject to satisfaction of compliance with plat conditions and conditions required by the Public Works Director as Res. # . Page 2 EXHIBJT c,? PAGE 2 OF identified in the Staff Report and as required by applicable codes and policies. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records. The applicant shall pay all recording fees. Section 4. Severability. Ifany 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 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLYED BY THE CITY COUNCIL OF THE CITY .OF FEDERAL WAY, WASHINGTON, this day of , 2004. City of Federal Way Mayor, Dean McColgan Attest: City Clerk, N. Christine Green, CMC Approved as to Form: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERIC PASSED BY THE CITY COUNCIL: EXHI~T C PAGE OF ..2- REsOLUTION No: Res. # . Page 3 ~ CITY OF ~ Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT REQUEST FOR FINAL PLAT ApPROVAL VENTANA FINAL PLAT - MODIFIED File No. 04-101264-00-SU I. RECOMMENDA TION City of Federal Way staff has reviewed the final plat of Vent ana for compliance with preliminary plat conditions and all applicable codes and policies, and recommends approval of the final plat application. II. INTRODUCTION Date: October 12, 2004 Request: Request for final plat approval for Ventana Subdivision Description: Ventana is a proposed subdivision of28 single-family lots on approximately 9.9 acres. The 28-lot Ventana Preliminary Plat was granted approval by the Federal Way City Council on April 6, 1999, per City Council Resolution 99-292. Access to the Ventana subdivision is from 24th Avenue SW connecting to SW 304th Street on the north and to SW 306th Place on the south. All required roads, sidewalks, storm drainage facilities, sewer lines, water lines, and related improvements have been constructed or are financially guaranteed. Owner:. Gordon Radovich, Canal Development, LLC, 360-649-3320 6052 Chico Way NW Bremerton, W A 98312 Surveyor: Barghausen Consulting Engineers, Inc., 425-251-6222 18215 nod Avenue South Kent, W A 98032 Location: At the SW quadrant of the intersection ofSW 304th Street at 24th Avenue SW. In the NW ~ of the NE ~ of Section 12, Township 21 North, Range 3 East, W.M, King County (Exhibit 1 - Vicinity Map). ~ Ventana Final Plat StafTReport Request for Final Plat Approval Page I Sewage Disposal: Lakehaven Utility District Water Supply: Lakehaven Utility District Fire District: King County District No. 39 School District: Federal Way Public Schools, No. 210 Report Prepared By: Deb Barker, Associate Planner III. HISTORY AND BACKGROUND The Ventana subdivision is 28 single-family lots on approximately 9.9 acres, with approximately 7,383 square feet of constrained open space (Exhibit 2 - Final Plat Map). A proposed resolution of the City of Federal Way, Washington, to approve the final plat of Vent ana is enclosed (Exhibit 3 - Ventana Final Plat Resolution). The 28-lot Ventana Preliminary Plat was granted approval by the Federal Way City Council on April 6, 1999, per City Council Resolution 99-292 (Exhibit 4 - Preliminary Plat Map and Exhibit 5 - Resolution 99-292). Zoning for the 9.9-acre site is Single-Family Residential (RS) 9.6. The Ventana plat is a standard subdivision under the codes, and the minimum permitted lot size is 9,600 square feet. Lot sizes on the Ventana Final Plat range from 9,609 to 14,882 square feet, with an average lot size of approximately 10,500 square feet. The applicant applied for Engineering Approval on March 13, 2000. During engineering review, the applicant applied for modifications to the approved preliminary plat. In an August 9,2002 decision, the City approved the relocation of the stormwater detention tract from the west side of 25th Avenue SW to the east side of 25th Avenue SW and conditionally permitted clearing a majority of the site in conjunction with plat construction. In a March II, 2003 letter, the City conditionally approved the reduction of the open space tract. Engineering approval was granted on May 29,2003, and site work commenced shortly thereafter. Clearing and grading activities ran through the summer and fall of2003, with on- and off-site infrastructure construction extending into the spring of2004. Preliminary plat approval was scheduled to expire on April 6, 2004, five years from the date of preliminary plat approved pursuant to FWCC Section 20-13I(a). The applicant applied for extension to the preliminary plat on February 17,2004, noting that the plat was substantially complete. The Federal Way Hearing Examiner administratively granted an extension to the preliminary plat application as provided for in FWCC Section 20-13I(c). The applicant filed an application for final plat approval on April 6, 2004. The final plat application was determined to be complete on September 8, 2004, following resolution of outstanding issues including completion of the site work. EXHIBIT P PAGE ~ OF" Y entana Final Plat Staff Report Request for Final Plat Approval 04-10 I 264-00-SU / Doc. LD. 29178 Page 2 Improvements installed under file number 00-1 00973-00-EN are now substantially complete. Pursuant to RCW 58.17.110 and Section 20-136 of the Federal Way City Code (FWCC), the City Council is charged with determining whether: I) the proposed final plat conforms to all terms of the preliminary plat approval; 2) if the subdivision meets the requirements of all applicable state laws and local ordinances that were in effect at the time of preliminary plat approval; 3) ifall tãxes and assessments owing on the property have been paid; and, 4) if all required improvements have been made or sufficient security has been accepted by the City. City of Federal Way staff has reviewed the Ventana Final Plat for compliance with preliminary plat conditions and all applicable codes and policies. Generally, all applicable codes, policies, and plat conditions have been met, or are financially secured as allowed by FWCC Section 20-135. A draft proposed resolution of the City of Federal Way, to approve the final plat of Vent ana is enclosed (Exhibit 3). IV. COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS The following lists conditions of preliminary plat approval in the same order referenced in Federal Way City Council Resolution 99-292, followed by staff comments as to the status of the conditions. Required improvements have been substantially completed or are financially secured as allowed by FWCC Section 20-135. 1. Because the plat proposes to redirect surface water runoff from the northeast basin into the western basin (the net result of which is an increase in the real size of the plat's westernmost drainage basin, as required by the Public Works Director), and prior to constructing the plat improvements, the conveyance system downstream of this basin shall be analyzed in sufficient detail to insure that the increased volume of water discharged from this basin can be accommodated. A level three downstream analysis shall be performed from the plat to Puget Sound for engineering plan review. Additional hydrologic/hydraulic analysis shall be required if the level three analysis is not sufficient to determine all drainage problems. The applicant shall be required to construct all improvements necessary to mitigate all identified conveyance problems, whether existing or resulting from the plat's development, as identified during engineering plan review, as required by the Public Works Director. Engineering approval shall not be granted if it is determined that proposed mitigation is not adequate to address the impacts of the project. Staff Comment: This condition has been met. The applicant submitted a level three downstream analysis prepared May 26, 1999, by Barghausen Consulting Engineers, in conjunction with the Engineering application.' Revisions to the TIR were received through May of2003. The analysis identified all drainage parameters resulting from the on-site system and the downstream system. The applicant constructed a downstream system that collected and detained storm drainage flows on the site and released them through a public system to Puget Sound as depicted on page 17 of 39 of the approved Engineering Plans. These downstream improvements have been inspected and approved by the City. Rip-rap was installed 200 feet from Puget Sound north of SW 300th Street in order to maintain the outfall channel. I In a January 2000 letter, the applicant proposed to voluntarily convert from the 1990 KCSWDM to the 1998 KCSWDM for storm water improvements. The Public Works Department conditionally approved of this in an April 14, 2000 memorandum. E X HlBIr 1) 04-1TiA~t~ðF ..!L Yentana Final Plat Staff Report Request for Final Plat Approval 2. All plat drainage elements shall be required to conform to the standards, policies, and practices of the City of Federal Way's Surface Water Management Division as outlined in the adopted 1990 King County Surface Water Design Manual, the City of Federal Way Comprehensive Surface Water Management Plan - Phase J, the Comprehensive Surface Water Management Plan, and the Storm water System Operation and Maintenance Manual, and as modified by the Public Works Director. Staff Comment: This condition has been met. A stormwater quality pond was constructed per the 1998 King County Surface Water Design Manual (KCSWDM) and City of Federal Way addendum requirements. The applicant constructed an adequate downstream conveyance system down to Puget Sound and reconstructed existing portions ofthe conveyance system needed to accomplish the increase in runoffto Puget Sound. 3. Retention/detention facilities used to control runoff from the site to off-site drainage courses shall be located in a detention tract dedicated to the City at the time of final plat approval, unless located within improved public rights-of-way. Vegetative screening of the facilities shall be provided. Staff Comment: This condition has been met. Tract A, as depicted on Sheet 4 of 4 of the final plat, is the storm drainage tract for the subdivision. According to sheet 3 of 4, Tract A is to be conveyed to the City of Federal Way for ownership and maintenance purposes. Downstream conveyance systems have been deeded to the City via statutory warranty deed for ownership and maintenance. Vegetative screening has been planted around the stonn drainage facility consistent with the approved engineering plans. This screening landscaping is located in Tracts C, 0, and E. Note 20 on sheet 3 of 4 states that these tracts are to be maintained by the Homeowners Association. 4. The final plat drawing shall establish the open space in an open space tract to be owned in common and maintained by property owners of the proposed subdivision, and prohibiting removal or disturbance of landscaping within the tract, except as necessary for maintenance or replacement of existing plantings and as approved by the City. Additional vegetation may be located in open -space(s) and Native Growth Protection Easement (NGPE) tracts to meet the MONS conditions as approved by the City. Staff Comment: This condition has been met. Note #6 on page 3 of 4 ofthe final plat drawing (Exhibit 2), which establishes Tract B as an open space tract owned and maintained by the Ventana Homeowners Association, implements this condition of preliminary plat approval. The approved preliminary plat depicted a constrained open space tract 11,516 feet in size. The balance of the open space obligation was to be satisfied by a fee-in-lieu-of payment. In a January 8, 2003 letter, the applicant requested that the open space tract be reduced to 7,783 square feet in size due to adjacent lot grading constraints. This request was conditionally approved on March 11,2003, as follows (Exhibit 6 - Open Space Modification Approval): To mitigate the impact to significant trees and the environment, ten replacement trees shall be required to be planted in the open space tract and on lots 20 through 23, pursuant to FWCC Section 22-1568. These replacement trees shall be installed prior to final plat approval. Engineering plans depicted Tract B as an open space tract. No clearing or grading activities were proposed within this tract and vegetation was not to be removed except as approved by the City according to notes on engineering plan pages. Seven fir trees will be planted in the open space tract association with SErA mitigation. Open space replacement trees are proposed for adjacent lots 20 EXHIBIT Þ ~-L Page 4 Yentana Final Plat Staff Report Request for Final Plat Approval 5. through 24 as depicted on sheet 35 of the approved engineering plans (Exhibit 7 - Overall Landscape Planting Plan). Prior to issuance of construction permits, a landscape plan, prepared by a licensed landscape architect, shall be submitted to the City for approval, and shall include the following elements: a) Open space landscaping; b) Street trees in planter strips inside plat boundaries; c) Tree conservation and significant tree replacement; and, d) Visual screening of all property boundaries ofthe detention tract from adjacent properties and the right-of-way with landscaping and/or fencing. Cyclone fencing, if used, shall be painted black or green, and shall be surrounded by vegetation. Staff Comment: This condition has been met. Although the preliminary plat established development parameters for the subdivision, the applicant has requested several modifications to the approved plat layout, to clearing and grading activities, to open space configuration and tree removal in conjunction with engineering review. The "final" landscape plan was reviewed and approved in conjunction with engineering approval, and has been implemented in accordance with the approved plan or bonded as provided for in FWCC (Exhibit 7 - Overall Landscape Planting Plan). a) Existing grades and trees are to remain in the open space tract according to page 35 of the approved engineering plans. In addition to the retained significant trees, seven "SEP A" trees are to be planted as a condition of SEP A compliance. b) Thundercloud Flowering Plum street trees were proposed to be installed in the plat right-of- way. The Public Works department approved a modification to the Crabapple street tree. These have been installed and approved by the Public Works Department. c) Tree conservation and significant tree replacement was conceptually approved with the preliminary plat. Partial site grading was approved due to topographic constraints. In a June 27, 2002 letter, the applicant requested clearing the majority ofthe site except for the open space tract to allow for an on-site balance of the proposed earthwork with the current layout. The City, in an August 9,2002 response, noted that the request results in additional impacts to significant trees and the environment, thereby impacting the neighborhood (Exhibit 8 - Site Modifications). However, as conditioned below, the request was deemed to be a minor change to the preliminary plat. To mitigate the impacts to significant trees and the environment, replacement trees shall be required for parcels 11, 17, 19, 20, 21, 22, 23, 24, and 25 as depicted on the reduced scale Overall Grading and Storm Water Drainage Plan (page 4 of 38 received by the City on June 27, 2002) pursuant to the requirements of FWCC Section 22-1568. Replacement tree information shall be required with the construction permits for new single-family dwelling units on the nine referenced parcels. The replacement tree requirements are identified on the approved landscape plan. Species approved for replacement trees have been identified by H. Bruce McCrory, Registered Landscape Architect. Note 17 on sheet 3 of 4 of the final plat also identify the replacement tree requicemcnr ~~~I~IT -p ~ Yentana Final Plat Staff Report ~ Request for Final Plat Approval Page 5 d) The north, south, and east portions of the detention pond are screened from the right-of-way and adjacent properties with vegetation. A fence along the east side of the pond screens the adjacent residential properties from the pond. Cyclone fencing was not required around the storm drainage facility since pond slopes were 3: I as provided for in the KCSWDM. 6. Retaining walls and rockery design shall be harmonious with existing adjoining residential uses, and shall promote residential design themes through such means as terracing, orientation, natural material selection, use of vegetation, and textural treatment. Staff Comment: This condition has been met. The preliminary plat depicted extensive use of retaining walls along the east and west property lines. The applicant elected to regrade the site to eliminate use of retaining walls.2 There is one rockery located on the north side of lot one, approximately four feet in height. This low scale rockery is consistent with residential rockery construction. 7. The applicant must develop written procedures to inform personnel working on thè -site be alerted to the possibility that archaeological remains could be exposed during construction, that evi-deñêe of the remains can include concentrations of organic material, shell, fire modified rock, burned or oxidized sediments, bone or lithic, and that should remains be exposed, personnel must follow specific procedures to notify the Washington State Department of Archaeology and Historic Preservation, the City of Federal Way, and an archaeologist. The written procedures shall be reviewed and approved by the City prior to beginning construction. Staff Comment: This condition has been met. A "Discovery Plan" prepared by Northwest Archaeology Services denoting discovery procedures for human remains and cultural resources was included on the approved engineering plans prior to engineering plan approval. No evidence of archaeological remains was presented to the City as provided in the plan. 8. To provide a safe route of travel for school children, the applicant shall install a pedestrian corridor from the subject site, west along the southern side of SW 304th Street to Adelaide Elementary School, subject to review and approval by the Public Works Director. Staff Comment: This condition has been met. The at-grade pedestrian route of travel on the south side of SW 304th Street from the subject site to Adelaide Elementary was designed by the applicant with input from affected neighbors, approved by the City and constructed by the applicant. 9. According to the Plat of View Cliff No. 2, the temporary turn-around located at the southern portion of View Cliff No. 2 is to become void on the extension of 25th Avenue SW. Because 25th Avenue SW is not being extended to through traffic, the cul-de-sac does not become void. Further, as a part of its road plans for the plat, the applicant shall provide for a cul-de-sac at the north end of 25th Avenue SW, with provisions for a pedestrian connection to the plat of View Cliff No. 2, and with provisions for emergency vehicle access to the cul-de-sac at the south end of 25th Avenue SW with the plat of ViewCliffNo.2. Staff Comment: This condition has been met. The cul-de-sac constructed at the northern end of 25th Avenue SW provides for pedestrian and emergency vehicle access while precluding vehicular access into ViewCliffNo. 2. - EXHIBIT Þ 2 Attached is a letter received June 2004 from a neighbor regarding the elimination of retaining walls PAGE>. C. OF q Yentana Final Plat Staff Report Request for Final Plat Approval 04-10 I 264-00-SU I Doc.1D. 29178 Page 6 v. COMPLIANCE WITH SEP A MITIGATION MEASURES The following lists SEP A mitigation measures contained in the Mitigated Determination of Nonsignificance (MDNS) issued on October 16, 1998, for the proposal. The required tree installation is financially secured as allowed by FWCC Section 20-135. 1. One or two Douglas Fir or Grand Fir trees, a minimum of six feet in height at the time of planting, shall be installed in each building lot before final building inspection shall occur; or In lieu of planting the trees within individual lots, the same number and type of trees shall be installed within an area, such as an open space or detention tract. The trees shall be a minimum of six feet in height at the time of planting, and shall be installed before the final plat is approved. 2. Staff Response: This condition has been met. The SEPA condition of approval mitigated the removal of 21 0 significant trees3 from the subject site and required that evergreen trees be planted to provide future perching opportunities for Bald Eagles that nest in nearby Poverty Bay Park.4 The approved landscape plan submitted with the engineering plans depicted 56 Douglas Fir trees planted in building lots, the open space tract, and in the storm drainage tract, planted on twenty-foot centers with fifty-foot separation between tree groups in conformance with the SEP A conditions of approval. The applicant has provided an assignment of funds to guarantee that the SEP A trees will be planted in approved locations depicted on the Engineering plan in conjunction with residential development. VI. DECISIONAL CRITERIA Pursuant to FWCC Section 20-136, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording. 1. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the conditions of preliminary plat have been met or are financially guaranteed. The applicant's request to modify the plat from the flagpole driveways to a cul-de-sac was administratively approved by the Public Works Department in September 1999. The applicant, in a June 27, 2002 letter, requested to relocate the detention/water quality storm drainage pond from the west side of 25th Avenue SW (as approved in the preliminary plat) to the east side of the street in order to create a more natural setting due to the elimination of large concrete retaining walls, and enhanced views. The City approved the new location as a minor change to the preliminary plat in an August 9,2002 letter (Exhibit 8). As previously noted, the appliCant opted to regrade the site to avoid extensive use of retaining walls, which conformed to lot alignment in the preliminary plat. The City approved conditional mass grading of the site, which eliminated the majority of the significant trees from the site. However, the removal of the significant trees is mitigated with installation of 37 replacement trees planted on ten individual lots in conjunction with home construction. Based on the minor modifications and associated conditions of approval for those modifications to the preliminary plat, the final plat is determined to be in substantial conformance to the preliminary plat. 3 A significant tree.is defined as 12 inches in diameter or larger, in good health and not detrimental to the community or Þ obsc. uring site distance requirements. Significant trees shall not include red alder, cottonwood, poplar or big leaf maple. 4 The Eagles are known to perch in trees on the subject site. EXH I BIT . PAGE :r QFir Yentana Final Plat 8tatfReport Request for Final Plat Approval 04-10 1264-00-80/ Doc. I.D. 29178 Page 7 2. The final plat is in conformity with applicable zoning ordinances, or other land use controls. Staff Response: This criterion has been met and/or is financially guaranteed. Pursuant to FWCC Section 20-155, the plat provides 1.72 percent of on-site open space located in Tract B. The applicant has made a fee-in-lieu-of open space payment to the City in the amount of $71,000.00, thereby satisfying the balance ofthe open space obligation. On- and off-site infrastructure improvements are substantially complete. As provided in FWCC Section 20-135, performance and maintenance bonds are in place for completion of any outstanding improvements. 3. That all conditions of the Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met as noted in the staff comments above. All plat conditions have been met and/or are financially guaranteed to be completed within six months of final plat approval. All life safety improvements have been completed. 4. That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. Staff Response: This criterion has been met. The final plat is consistent with applicable zoning and subdivision regulations and ensures the public health, safety, and welfare is protected. Two neighborhoods surrounding the subdivision construction and adjacent to the downstream construction were adversely impacted by construction activities as a result of this project. As there is no formal notification process required when engineering plans for subdivision are submitted or ultimately approved, those residents adjacent to the Ventana subdivision who actively followed the preliminary plat process were caught unaware of the timing of clearing, grading, and filling construction work. The fact that four years passed between preliminary plat approval and the beginning of construction led many to assume that the project would not proceed. The applicant, at the urging of staff, provided a notice to the immediate neighborhood prior to beginning clearing activities, and the City added a Ventana Construction Update to the City's Website to keep neighbors informed on known construction timeframes. However, the City received numerous calls from residents adjacent to the project, from homeowners who were living with the noise and vibration of construction equipment, who encountered wildlife leaving the site, or who were impacted by the dust and dirt. Many expressed concern about the lack of pubic notice. The City forwarded requests from impacted property owners to the Developer for resolution. Staff fielded a number of calls regarding the potential for this site being impacted by the former Tacoma Smelter plant based on a pilot scale investigation of soils. Washington State Department of Ecology (WSDOE) had jurisdiction over this matter. Knowing that the WSDOE did not comment on the 1998 MONS, the City did not require the Ventana developer to provide any additional information or conduct additional environmental review, although the City reserved the right to review the situation and identify any appropriate mitigation. measures t:> should unmitigated adverse impacts he identified hy WSDOE. ~~~IBtT OF ~ Yentana Final Plat Staff Report Request for Final Plat Approval 04-10l264-00-SU I Doc. ID. 29178 Page 8 The plat infrastructure has been installed and/or adequately financially guaranteed as discussed above, including: safe walking routes to school; open space fee-in-lieu-of payment to the City; drainage system installation; water system installation; sewer system installation; and street improvements. 5. That all required improvements have been made, and maintenance bonds or other security for such improvements have been submitted and accepted. Staff Response: This criterion has been met. All road and storm drainage improvements for V entana have been constructed and/or are financially guaranteed. The street improvements are complete. In addition, all water lines and sewer lines have been installed and deemed substantially complete as identified in the April 9, 2004, letter of substantial completion from the Lakehaven Utility District. 6. That all taxes and assessments owing on the property being subdivided have been paid. Staff Response: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. VII. CONCLUSION .j Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Ventana meets all platting requirements of RCW 58.17.110 and FWCC Section 20-136. Plat infrastructure improvements have been substantially completed and/or financial guarantees have been provided to assure completion of plat conditions within six months of final plat approval, as allowed by FWCC Section 20-135. The project has been developed in conformance with Resolution 99-292. A recommendation of final plat approval is therefore being forwarded to the City Council for your approval. VIII. EXHIBITS Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Vicinity Map for Ventana l1x17 Reduced Copy of Vent ana Final Plat Map Final Plat Resolution ofthe City of Federal Way, Washington, Approving the Ventana Final Plat 8~ x 11 Reduced Copy of Approved Ventana Preliminary Plat Resolution 99-292 - April 6, 1999, City of Federal Way Preliminary Plat Approval of Ventana Open Space Modification Letter, March II, 2003 Overall Landscape Planting Plan, Page 35 of39, Ventana Engineering Plans Site Modifications Letter, August 9,2002 Letter from Patrick Redmond, undated EXHIBIT T PAGE.!i-OF 04-101 264-00-SU / Doc.1.D. 29178 Page 9 Yentana Final Plat Staff Report Request for Final Plat Approval -- " (253) 661-4000 ~ Federal Way, WA 98063-9718 March 11-, 2{)03 - - Mr. Rob Armstrong,PE Barghausen Consulting Engineering 18215 nod AvenUe South Kent, W A 98032 0: ~ c F ~L-c. ,- ...~>'. Re: File Numbers OO-lOO973-00-EN & SUB97-000S, Preliminary Plat of Vent ana Second Modification Request Response .... '~- Dear Mr. Armstrong: This letter is in response to your January 8, 2003, letter proposing changes to the preliminary plat ofVentana. Preliminary plat approval was granted on ApriI-6, 1999, and engineering p-Ians were submitted on March 13,2000. Previous modification requests relating to relocation o'fthe storm' detention/water quality pond and site clearing were approved on Augus~ 9,2002. ~ , . Your letter requests a modification to the open space tract located on the western side of the project site. Specifically, you propose to reduce'portions of this tract from 50 to 25 feet in width westoflots 20 and 21,:to be consistent with the rest of the open space tract. This would result in a decrease.oÍon-sitc'open;tpace from I 1,516 square feet to 7,783 square foot. The balance of the open 'space obligation required under Federal Way City Code.(FWCC) Section 20-155 is to be' met via fee-in-lieu of payment at the time offinal plat approval. ' The subject site is 9.91 acres in size. The appliCant is required to provide 15 percent of the subject site in opeQ space, or make fee-in-lieu-of payment to the City. The 396,396 square foot 'site requires that 59,459 square feet of open space be established. During the preliminary plat approval, the Parks Director agreed that 2.5 percent of the site could be established as privately owned constrained open space with a fee-in-lieu-of payment made for balance of the open space obligation required under the FWCC: The Federal Way ~earing Examiner concurred with the Director's recommendation. According to your letter, lot grading that is necessary t9 provide suitable building pads for two of the lots adjacent to the open space tract would require the removal often significant trees that are be retained within the open space tract. You indicated that it would not be feasible to pull the grading back further into the two lots as they already have substandard building pads. Tree replacement is proposed within revised the open space tract and on the westerly edge of lots 20 through 23~ As significant trees would not be retained, the open space is to be reduced in size. EXHIBIT. " PAGE--'--OF 2- ,. '. Mr. Rob Annstrong Page 2 March 11,2003 .. The preliminary plat application for the Plat of Vent ana was approved through the Federal Way ... Hearing Examiner and City Council. The next fonnal step of the process will be the final plat that the City Council will review. lnorder for the.staffto recommend.approval of the finàl plåt, tQ~ '.,..,..;.application must be in substanti~l confonnance to the approved-preliminary plat'per FWCC :.~ ,. , -Section 20-136(b). '. ;,,' The'F~CC dóês.Jcif~MC1"fy what constitutes "substa~ial confo'nnance." In the absence. of spe<äfic- criteria, wegip. "9raWúporrFWCC Section 22,.36J,.(which authorizes the Admini~tr~!lv~ Guidëlines' and Section 8, ,modification requests, contained therein), and FWCC Section 22-41 I, "Complete' Compliance Required" (which dešcribes what constitutes a minor or a major modification)tand ,- ~.:. - review your request based on these criteria. ' .- The- requ~st to reduce the size ofthe open spaée tract to'ì,J8lšCuare feet results in additional impacts to significant trees and the environment, thereby impacting the neighborhood. However, as conditioned below, your requèst can be considered a minor change to the preliminary plat. To mitigate the impacts to significant trees and the environment, ten replacement trees shall be required to be planted in the open space tract and on lots 20 through 23 pursuant to FWCC SeCtión 22-1568. These replacement trees shall be installed prior to '.. final plat approval. . .. .~;~ Any person who receives a copy of this decision mày appeal this decision. The appeal must be in ~he Conn of a letter delivered to the Department of Community Development Services (33530 1st Way South, PO Box 9718, Federal Way, W A 98063-9718), and must be accompanied by the established fee, within 14 caiendar days after the effective date of decision. The effective date of decision is March 14,2003. The appeal letter múst cOntain a clear reference to the l11atterbèing appealed and a statement of the factual findings and conclusions of the Director of Community... - Development disputed by th~. person filing the appeal. . " \' '. . This decision shaU riot wáivë compliance with future City <>fFederal Way codes~ poiicies~ add standards relating to th,is development. Please call Associate Planner Deb Barker at 253-661-41(}l if you have any questions about this letter. ",. . . . ' , Sincerely, 1\~ ML~ Kathy McClung, Director Community Development Services , c: Deb Barker, Associate Planner EXHIBIT ~ PAGE~OF 2.- f"oIc IOO-tOO973-OO-EN Doc. LD,12O49 A POA11ON OF THE ~ 1/4 OF NE It4. OF SEC. 12, 1WP.21N.. AGE.3£. WM. KING COUtm'. CITY OF FEDERAL WAY, WASHNGTON ",I¡!¡ ~!Iii ~-¡; I ~¡~ I i I , ...,.,.... 1'-50' "'.'~ \- ,...'" ' \\\\, "V~i~ ~---.:f """""""""""~.."".".",,.,,c< " \, , I~~~' ',:",,;;;;;== ,y QroundcovertStv'ub PIen\ing De\M """"" ., .d m ~~. SEE St£ET 116, -.-------.-'--> SEE 8tEET # :, :¡:, ;ii .."~,....-."'--.....¡ . "" ,.,""'W 'I'" ¡: d~~ : ""'""""""""". TYPICAL DRAINAGE POND PLANTING SEC11ON .--- .."-- PLANT SCI-EDUlE ~ 1II!r-"-'" ...." """ E",.."...E """-,,, ,.., ..."""""""""".o,"""""'.._c M"""""."""'- ,.."".""",-"""", "". M """, '" ,,~'n" "'.....""""',....-, .. ,...",n' "" " "". """" ",. ..". ,._"""""",-",,-, """"""""""""""1>"."""" """ """'" """ ."" """ ,"""""" Evergreen Tree Planting/Staklng Detai z III ~ si!: I ~ hi! ~ i€h¡ ~ ffU < mil ~ ï :) mn~ ~ un~. Ai ~~!1!J!.. ~ ~§""" .° ....- . < '; "" ,. ".. ..... """"" ""'" .'" .......'" ~: :'.,~::,::: ::::~" =:""~,,... \.' .""..._"""...,..,""""'~"." . "'" "",.. " ."""" " .. ...", ""'" """'" "...'" ...""'_...""",""""",, .""""""",","""""..""",-,. "'.,,-..""""""'" ."""""'"""""""",, .""",.-""""""""""""M'M"""" """""'" ¡;¡,':~ ~ii.£~'f"¡'""~,!ß:.~!%.""" """ .. """" '"" """ "","""". """""""""""""""""'" """"""""""""""""",~"""..ST"""n"" """""""",En""""""'" '"" ""..." """'" ,'. ... "",' "'" ..., . .- "'" ..."","-""""",......,"...""""",,"".,..,,, """"""""""""""",,' ........""", ,'", ."" """"" :£~";>,,,~~~:r~>::""":'=:.J"'..."" .....""".......",-,."""""",,- .-....",,"""'...- "'....."""""""""',""'..""""""'_.-."'" """.","" " ..-st ,.j ,,- Deciduous Tree Planting/Staking Detail ;¡;¡-;;-,... SiZE ""'" CONOI11OI< """" """""'-- "'... """."""'-""""""'" -.."""-.............. 0 0 .~~ @ 1":'- ~ .... 'IC. - .... - " '"""""'"" ~ -"r- ~- UP] -,.....'" """"'" .--- """"~_\"';;1;.~ ........ =- ~ ............, " -- I...... -- - ...... .i:.iF~ ¡7;,;.,},:/;.I""""""""" 'l/:./L1 --""'" "':&.c ~ f8'. N' 1<... _. r'- r' ,...... I""'" I"",,, xc..'" TREE REPLACEMENT REoc.... I,; ',., i \ \ __",.......r """"" -- """I"""'~::::::::ffi,t'"":..""",J!!'~,,,,, ~; ...... ....... ""'"""" ..... " """""'" """" ""-' "m..""""",,"m"""""'-'~""""'- ........, ",...... -"'" '" " ....... '" """'... -- """'" '"" E""""""U,"""""""""""""""""- ...... " ....., """'" ""'" .....' """" , .... -.. """""""""""""""""""'""",' . """""".........""-"""""""'"....""" "" .. -- "" """"" """ "" """"" .-..... .....-..."~"""",, ,. ..", ,. _"'O""""""""""""'-- . .."""."""""""""""""""""""........."""""'- """",n."""""""""""""" """"',,""..... -.."......."""""""""". HH_""""_M..~_........r,"'-'H [fl#lC. I""""" "" :,. ~ ~'. ."""",' ---"',- ......--- ...""",' """",,- -- ~.....--- ~~.. ""'n""""""""""'~""""'.""'--'-- ""'n-"""""""""~"""""-"-'._"- " ! ". (, I ¡;. , .~. ~i~ "~'U,.."",~"",""_fi"."~' . ,., """'" no ""',....." . ......",............. -- " """""""" ......1" ......", .....""..-- ...---.....""""" "" . , , , , .... r' .... ..... ""'" æ~M'~":" ".. :::::::w""':¡"'.."\.1!:./.1'5",,, ==tt1\'~...w M>':' ,..."""'" ~ ; g I~i~¡<') ~< lib 6 ~ I Illl~~\ . ~ .~,~ t.ti~ ¡ I )..)J.,., I ~ i ! i I EXHIBIT, PAGE '."""'~ . :/'-'l:j .,..~ ,.,..T:t.:l.~- VERT'iCAL'I),I,1WKCAB .f'B'Mf ... . Ql!,1DOO7H<>-ÐI j ~" '" ""0.. 1 ;;,'1' \ l ~ 1 i ~ ! 1 ~"e . .....,; j ml5 ¡ 11'1' ~ 1= OF ÆDSW. WAY I g " ~!!,()~ ,--~ (-"J CITY HALL 33530 1 st Way South PO Box 9718 (253) 661-4000 Federal Way, WA 98063-9718 ~ < :::;. August 9,2002 ::rY Mr. Chris Tobin Barghausen Consulting Engineers 18215 nnd Avenue South Kent, W A 98032 FiLE Re: File Numbers: OO-10O973-00-EN & SOO97-0005; MODIFICATION REQUESTS Preliminary Plat of Vent ana, Federal Way Dear Mr. Tobin: This letter is in response to your June 27, 2002, letter proposing changes to the preliminary plat of Ventan~. This plat received preliminary plat approval on April 6, 1999. Engineering plans w~~ submitted on March 13,2000, with comments provided by the City in April 2000. Several meetings to discuss drainage related matters have occurred of late:- ' . Your letter lists three proposed changes to the subdivision. Thè proposed changes are summarized as follows: Proposal #1: Relocation of detention/water quality pond fròm the west side of251h Avenue SW to the east side ofthatstièet. ' !. ¡ ',,: Proposal #2: , , , ,- '",',- Utilize a private access tract for four lots (18, 19,20, and 21) thatvvould,';,: extend southward from th~ éyebrow on 2~!h Avenue SW." Co ;') '-:;:'~:;i:~ "Clearing of the majority oftll(,~ site except, for ~e ,~pen ~pàae ~~1?J'Joh ~~ff,", '<'ír¡;,:,:V~;X~~ allow for an on-site balance of the proposed earthwork with the currçnt " h., " "",', ",.- " layout " ',' . ,. -,<.,,",-, , Proposal #1 The preliminary plat application for the Plat ofVentana has been approved.through the Federal Way Hearing Examiner and CitY Council. The next fonnal step of the proCéss will be the final plat that the City Council ~ill review. In order for the staff to recommend approval of the final plat, the application must be in "substantial compliance" with the approved preliminary plat ' The Federal Way City Code (FWCC) does not specify what constitutes "substantial compliance." In the absence of specific criteria, we can draw upon FWCC Section 22-363 (which authorizes the Administrative Guidelines an4 Section 8, modification requests, contained therein), and FWCCSection 22-411, "Complete Compliance Required" (which describes what constitutes a minor or a major modification), and review your request based on these criteria. EXHI BIT ~ PAGE'~OF '? .-' c -,-, ) Mr. Chris Tobin Page 2 August 9,2002 ".,;~/-~', Request #1 Your request to locate the detention/water quality pond from the west side to the east side of 25th Avenue SW is considered a minor change to the preliminary plat. The new location will result in a more natural setting (due to the elimination of the large concrete retaining walls) and enhanced views. The new location ,and design must meet all requirements of the Public Works Department. ,,~v ,. Request #2 , Your request to install a private access tract cannot be approved because the plat is vested to the 1998 'Subdivision Code, which required all lots to have direct access to a public street. The previously approved cul-de-sac would still be approved. , ' Request #3 Your request to clear a majority ofthe site results in additional impacts to significant trees and the environment, thereby impacting the neighborhood. However, as conditioned below, your request can be considered a minor change to the preliminary plat. To mitigate the impacts to significant trees and the environment, replacement trees shall be required for parcels 11, 17, 19,20,21,22,23,24, and 25 as depicted on the reduced scale, , Overall Grading and Storm Water Drainage Plan (page 4 of38 received by the City on June 27, '2002) pursuantto the requirements ofFWCC Section 22-1568. Replacement tree information shall be required with the construction permits for new single-family dwelling units on the nine referenced parcels. ' This decision may be appealed by any person who receives a éopy of this decision. The appeal must be in the form of a letter delivered to the Departmept of Community Development Services (33530 1st Way South, PO Box 9718, Federal Way, WA 98063-9718), and be accompanied by the established fee, within 14 calendar days after the effective date of the decision. The effective date of decision is August 12,2002. The appeal letter must contain a clear reference to the mattér being appealed "and a statement Qfthe factual findings and . ,~.~:~lusións o!.the Director of CommunitY Development disputed b~ the perso~ filing ~e appeal. This decisiori'shall not waive compIiancewith future City of Federal Way codes,:poÌicies, and sta_ndards relatingto this development. Please cåll Deb Barker, Associate Pla~er; at 253-661-4103 if you have any questions about this fetter., ' ' Sincerely, -¡(~ ~ Kathy McClung, Director.. 0- Community Development Services ,', enc: Administrative GuidcIincs Modification Requests FWCC Section 22-411, "Complete Compliance Required" FWCC Section 22-1568, "Significant,Trees" Markup of Overall Grading and Stonn Drainage Plan c: Deb Barker, Associate Planner Ken Miller, Public Works Department Deputy Director Jim Femling, Development Services Manager ~, Sarady Long, Traffic Analyst V EXHIBII ' . 'PAGE~Ôf r file MO<}IOO97]~ / Kt«1 c::oum. CITY OF FEDèw. WAY. wAl!tfl'lCl1'ON . OVERALL GRADING AND STORM DRAINAGE PLAN ""- .- , ...~ roSa' ---"'--- hJ-" '" ~-fr~' F t L E ~i \, 'i J -'" ;........IIì .. TRÆ I !'nEND< TIEl! TO lIE ~ .1!R TO III! PETAlS> NO1ES> ,. 8t>Uft""""-",--",,,,""-' L ,,---"""'.-""""'-- -....,,--,,""-, L -......-,,--.....- . ..----...-- ""'~~ LEOEND ¡¡;¡:;¡;¡;¡- -.-- """'...- , --...-n --- ---... -........ -"""" -........ ....... <0 0 -- @ . --_u-- -=- 0 . G""~",,-,,",,"",,;,'r',"""',,"',",:fi,"""'Z",",,"""í', '$',1, ..' ..','," ", " ..' , .." ' , '," '.., , .,' '..'. ' , , - .- .. i ~ i I i ~ II ~ i II. Î II~ u. UI. "" I §.. U !f II l sj! ~ ~ ~ } I 1 Deb Barker City Associate Planner City of Federal Way ,. Ms. Barker, I discussed my concerns about the development of the Ventana Plat last Fall, and I am sony that it has taken me this long to respond with a letter outlining these concerns. If you remember, you worked with my brother, Sean Redmond, during the hearing process for the Preliminary Plat approval in the fall/winter 1998-1999. At that time we were very concerned with the proposed grading of this property, the drainage (my property is down-hill on the eastern boundary ofthe Ventana Plat) of the proposed design and the retaining wall that was to be incorporated along the eastern boundary line. (PIs. Refer to Mr. Gregory Moore's response letter dated Oct. 30, 1998, Exhibit H-2, and FWHE# 99-02) My brother and myself were actively involved with the Hearing Process, and even at your suggestion took and submitted photographs of various rockeries in the Federal Way area that we felt might be ascetically acceptable. The proposal submitted to the Hearing Examiner and the public called for a terraced rockery/retaining wall of 8' along the eastern boundary line. I was not pleased that this rockery would be just outside my backyard fence, but the propo'sed wall appeared to be an acceptable solution to the grading plan and the 20' drainage easement, collection system, that was recommended by the Pinical Company, an engineering fmn that evaluated the drainage for the Preliminary Plat proposal. I believe that this proposed compromise also influenced the Hearing Examiner's, Mr. Causseaux, decision for approval because it would not reduce the value of existing property to increase the value of the property (lots) of the proposed Plat. . Thee anda half years later, with only a 14 day notice that work would begin (this was the only notice, update received in al1.that time, the property was clear-cut and a massively regraded. The result is a 20+' mound of dirt and grass that rises at about a 60 degree angle, about 2' from my backyard fence. This mound raised all the east~ lots up to the level of the highest point (or above?) of the origin~l property allowing thÿse eastern lots to build "Sound View" homes, greatly increasing the. property value of the homes to be built on these lots at the cost of the value of the 4-6 homes along the eastern boundary line. It is evident from a tour of the Ventana propërties that the regrading has greatly improved the views' and significantly increased not only th~ value of the eastern lots (1-8) ofVentana, but also the . neighboring properties on the northern and southern property lines. The only increase that will befall the owner's of neighboring homes on the eastern property line will be in property taxes, (which now is . greater than their Market Value). A 5 minuet walk through of the Ventana development Will support and verify my claims. .'~;-" ,.,. Deb, you have been very helpful in the past, especially in working with us initially on the design . and approval of the rockery/retaining wall and drainage along the eastern boundary line. I know that once the preliminary Plat is approved .that you do not have control of the process, but I hope that you can bring my concerns to the proper authority. I fmally had enough when I saw.an add for,the home to be built on lot #4 (right over my backyard) that is being offered for $750,000+, which is only possible because of the improvements made at the cost to value of my property (my realtor informs me I will probably not be able to even get the tax value for my home). As a citizen who has taken time to actively participate in the process and been presented with a Preliminary Plat approval that iIi-no way resembles the developed property in question, I feel as if I have been mistreated by your process and am not sure that the proper procedures were followed. Maybe you could review this for me. Please let me review my concerns: . - 1. The grading of the Ventana Plat, and the ugly and imposing 20' grass wall/mound on the eastern 'I EXHIBIT --==-r- PAGE ( OF ~ boundary line. 2. Drainage on the eastern boundary of the Ventana Plat, and the lack of any collection system. (How can the analysis of 2 engineering finns differ so dramatically?) 3. The improvements on the eastern lots (raising and leveling the lots for "Sound Views") at the cost of the neighboring properties that have been in existence since the 70's, which is in direct conflict with the city charter. 4. Major changes in the approved preliminary plat which should haw gone through a public review for . the neighboring property owner's whose property value was effected in a major way. . 5. The 4 year period of time between the approval and start of building (isn't there a rule that rèquires the process to be repeated if the work does not start within a one year period?). 6. How can a review and approval process that encourages the participation of Citizens result in developments that adversely effect those citizens who became part of the process without any warning. Even more discouraging is the fact that those involved were shown an approved development that addressed their concerns only to find something else built that exceeded their worst nightmares without any notice or warning from the City of Federal Way who requested they become part of the system? Does this mean that we should ignore the. procedures of the different departments of the City of Federal Way and call in Lawyers whenever a possible development is proposed close to us? This would really have a negative impact on any possible development in the area, let alone the cost to everyone. Isn't this what these processes and hearings are trying to eliminate? .. Deb, I would like to be infonned about when the final approval hearing will be, and once again try to work through the system. I do work out of the State quite often, so if possible I would greatly appreciate a phone message, at (253)670-3749 my cell, and/or an email at redn'londservice<maoI.co'm. , . I have lived in Federal Way, at this address, for over 12 years and I am di~appoint~ that a . contractor can come in and make a profit at the cost of my investment in my home. The City of Federal Way has let me down, I maybe just a little guy in its eyes (not a rich contractor/developer) but I am a citizen and that means the City of Federal Way (an organization supported by and granted its existence by a bUnch of us little guy/citizens!) should be concerned about my rights and not let their system aÌlow developers to come in and extract great profits at our expense. They sell, take their profits and leave, it's the citizens who will be supporting this city in the long run. Thank. you for your time and help. I truly mean that, you have supported my brother and myself during the initÜi.l hearings and I know that you were very concerned about the results and impact on us by the changes'in the proposed Ventana development' '. Patrick J. Redmond 30423 23n1Ave SW Federal Way, W A 98023 (253) 661-9349 (home) -. cc PatRichardson@CityofFederaIWay.com. Chris.Green@CityofFederaIWay.com. Chris, I would appreciate it if you made a 'copy availàble to Mr. Causseaux, he should know how the Preliminary Plat that he approved has changed if he is not aware. I am sure this is not what he approved. EXHIBIT q - P AGE ...k.... 0 F ..L:- .. ~ Pierce County . . Office of the Pierce County Hearing Examiner STEPHEN K. CAUSSEAUX. JR. Pierce Cou,:,ty Hearing Examiner 902 South 10th Street Tacoma, Wa$hlngton 98405 (206) 272-2206 ( ~ TELECOPIER COVER SHEET '\(À) . ð. d-- ,- VIA T:S:L1!:COPIER TO: u \.0 \ - LlOtS ~^OJ-;~.l~~ RE: ~~ ~ O~ No.: FROM: STEPHEN K. CAUSSEAUX, JR., HEARING EXAMINER Transmitted herewith are a total of \~ pages, including this cover sheet. If you do not receive all page please call sender CHRIST;i:NA ALLEN, of McCARTHY, CAUSSEAUX & ROURKE, INC., P.S., at (206) 272-2206 for resending. Thank you. I STEPHEN IC CAUBSEAUX, JR. REARING EXAMINER 902 South lOth Street Taooma, Washington 98405 (206) 272~2206 (Switchboard) (206) 272-6439 (raaltmile) . '- /~ <7 . /~~~ {J } ~~-U EXHIBIT 'f P AGE ....L ()f7r @ '.."...on~pa¡>o< . t o::;:ûVd 90ZZZLZ£5Z ÛGì8 I'" HJO1 Çb:bT (o,U'\W\ e.e. 77 "-=-::: CITY OF II' ~ -- ~ ~...... ~r:r ~ - - - - - t:=..L.-JI ~ ~ '- ~~ ~ 33530 1ST WAY SOUTH (253) 661-4000 . FEDERAL WAY. WA 98003-6210 February 22, 1999 -. Wellington Morris Corporation Greg Sahar, Vice President 10335 Main street, Suite 8 Bellevue, WA 98004 REs VENT ANA PRELIMINARY PLAT. FWH~D 99-02 Dear Applicant: Enclosed please find the Report and Decision relating to the above- entitled case. very~~ ~ L STEPHEN K. CAUSSEAUX, JR. HEARING EXAMINER SKC/ca cc: All part iea of recor-d City of Federal Way EXHIBIT e. PAGE 2- OF ~ l '::r:)Vd 907.7.7./.7'.1="(;7 CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) ) ) ) ) ) I. SUMMARY OF APPJ..ICATKlli VENTANA PRELIMINARY PLAT FWHE# 98-02 SUB87.QOOS Preliminary plat approval of a 28 lot single family residential subdivIsion as provided for under Federal Way City Code (FWCC) Chapter 20. SubdivisIons; and requiring approval pursuant to FWCC Section 20-110. RAL INFO TION Hearing Date: DecisIon Date: February 2. 1989 February 22, 1999 At the hearing the following presented testimony and evidence: 1. 2. 3. 4. . . £.:;¡~Vd Deb Barker, City Associate Planner. City of Federal Way Bob Sterbank. Deputy City Attorney, City of Federal Way David Halinen, Attorney at Law, on behalf of applicant. Bellevue PlacefSeafirst Building. 1050~ NE 8th. Suite 1900. Bellevue, WA 98004 Dean Condos. 30444 28th Ave. SW, Federal Way. WA 98023 5. Dianne Ray, 2405 SW 301'( Place, Federal Way, WA 88023 Patricia Clark. 30255 25th Ave. SW, Federal Way, WA 98023 6. 7. Sean Redmond. 30423 23rd Ave. SW. Federal Way. WA 98023 Robert Collins. 30235 25th Ave. SW, Federal Way, WA 88023 8. 9. Kent Nelson, 30206 25th Ave. SW, Federal Way, WA 98023 10. Chris Castrow, 2324 SW 300m St., Federal Way, WA 88023 . 1 EXHIBIT. ç: PAGE ~ .1iJL 90zzza£5z ~a,g T ~ RTO T bb:bT (,,"'WI ~~ 77'ç::-::J 11. 12. Raymond Miller. 3827 38th Ave. SW. Federal Way. WA 98023 Richard Perez. Public Works, City of Federal Way 13. - Jeff Pratt, Surface Water Manager. City of Federal Way \ At the hearing the following exhibits were admItted as part of the official record of these proceedings: 1. 2. Staff Report with all attachments Letter dated January 31. 1999. from Chris Carrel 3. Memorandum dated February 2. 1999, from David Hallnen 4. Rookery Section 5. Submittal from Dianne L. Ray dated February 2, 1999 6. Submittal from Patricia Clark dated February 2, 1999 7. Letter to Examiner from Robert F. Jones, Diane Ray. and Dale Kure dated January 18, 1999 III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence Into '- ~ the record. and taken this matter under advisement. 2. 3. 4. V -:;¡:OVd The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "111 and incorporated in its entirety by this reference. All appropriate notices were delivered In accordance wIth the requirements of the Federal Way City Code (FWCC). The applicant has a possessory ownership Interest in a rectangular. 9.91 acre parcel of unimproved property located in the northwest portion of the City of Federal Way near Poverty Bay Park. The applicant is requesting preliminary plat approval to subdivide the site into 28 single-family residential lots with a minimum lot size of 9.600 square feet and an average lot size of 11.582 square 2 EXHIBIT e PAGE...!.-OF / r 90ZZZLZ£SZ O<n:g I ~ H~O t vv:t>t (NOW) 66. 2:Z'8::O3 5. ~^ ,: "-. feet and a density of 2.8 dwelling units per acre. The north property line of the parcel abuts the View Cliff single-family residential subdivision; the east property line abuts the Adelaide Park single-family subdivision; the south property line abuts the Lakota Highlands single-family subdivision; and the west property line - abuts unplatted parcels Improved with single-family dwellings. \ A review of the preliminary plat reveals that access is provided at the northeast corner of the site from 304th Street S.W. onto 24th Avenue S.W. which currently extends north into the View Cliff subdivision and which will be extended south to connect with 24th Avenue S.W. in the Lakota Highlands subdivision. 25th Avenue S.W. currently dead-ends at the south end of the View Cliff No.2 subdivision but will be connected to a Ventana plat road which will extend south and east to connect with 24\11 Avenue S.W. A 26,358 square foot storm drainage detention' pond is located at the northwest corner of the plat, and 10.954 square feet of open space are provided along the slopes at the west property line. Because of topographic differences. the applicant must Install a r~tajning wall of up to eight feet In height, one foot from the. six residential lots of the Adelaide Park subdivision which abut the east property line. 6. A visit to the site establishes that the parcel has significant topographic differences and is heavily vegetated with second growth timber and dense understory. Access to the site is provided from S.W. Dash Point Road via either 21st Avenue. 16th Avenue, or 12th Avenue to 3041t1 Street which presently terminates at the plat boundary. Future plat residents will likely travel from the plat via 306tf1 Place onto 21'\ Avenue which provides a connection with S.W. 312th Street and Dash Point Rd.. both of which provide access to SR-99. 304th Street appears substandard for virtually it's entire length as do Internal roads in the View Cliff subdivision. Adelaide Elementary School, located on the southeast corner of the intersection of 16th Avenue and 3041h Street. is within walking distance of the plat. The site Is also a short distance from Lakota Junior High School located southeast of the intersection of 312th Street and Dash Point Road. The proposed subdivision should complement abutting and nearby development which consists of attractive, well-maintained. single family homes. 7. Section 22-1568 of the Federal Way City Code (FWCC) defines a significant tree as one In good health which has a diameter of 12 Inches or a circumference of 37 inches measured 4 Yz feet above ground. The preliminary tree preservation and removal plan identified 239 significant trees on the site, 210 of which are located in future rights-ot-way. utility easements, and building pads and must be 3 EXHI~IT ~ PAGE 1iJL.. S ':;[DVd 90ZZZLZ¡;:SZ """'.~T ,..~.....-.. .".".~-, ",,-ref, 10 UT'" 8. removed. Mast of the significant trees are located an the western half of the site, and most of the 29 retained trees are located either along the north property line adjacent to View Cliff or in the southwest corner above 26th Avenue S.W. Conditions of approval and mitigating measures In the Mitigated Determination of Nonsignificance (MONS) require the applicant to replant the site with two, six foot high, Douglas or grand fir trees on each building lot or within open space areas. Furthermore, the applicant must plant 66 street trees along both sides of internal plat roads IncludIng the extension of 25th Avenue into the View Point subdivision. Because of the topography, the applicant has requested the City to approve mass grading whIch will allow an-site material to be used as fill for low areas and eliminate the necessity of removing and replacing material which would require. 6,000 to 8,000 truck trips. This number of truck trips would impact local subdivision streets and could create a safety hazard due to pavement width and sight distance problems. If mass grading is approved by City staff. all excavated material can be used on-site and no Import fill will be required. While tree removal and. mass grading will temp'orarily create a most unattractive appearance, construction of attractive single-family homes and the planting of street trees and fir trees and the landscapIng of yards will soon render the site . compatible with abutting subdivisions. 9. ,. .Concerns were raised by residents of the area regarding the possibility of eagles. goshawks, owls, plleated woodpeckers, and ensatina salamanders on the site. Terra AssocIates, Inc., conducted several wildlife assessments in response to said concerns and submitted reports dated June 26, 1997, March 19. 1998, and November 23, 1998 (Exhibit Q to the staff report). These reports establish that the nearest eagle nest is located more than 2,000 feet north of the parcel adjacent to Puget Sound. The Washington Department of Fish and Wildlife generally prohibits development within 330 feet of a nest, restricts development within -660 feet of a nest, and requires preservation of perch trees within 200 feet of the shoreline. While some large trees on the site could be used for occasIonal perching, because the eagle nest is more than 2,000 feet away and because the eagle activity is concentrated along the shoreline, development of the site will have no adverse impact on the pair of bald eagles nesting on Poverty Bay. Goshawks are only rarely observed in the Puget Sound region. almost always In the forested areas of the Cascade mountaIns In eastern King County. Goshawks are often confused with Cooper's hawks which are rather common In the Puget Sound area, and no evidence of nests were observed on the site. Great horned owls may roost or perch on the site, however since this species is 4 EXHIBIT e PAGE~OF I r 9 ':;¡f>Vd 90lllL..ZE:Sl f>(na I '1/ H.I.O t <:;v:~t (NOW) f.,f, 7.7. .!'1-:r~ 10. very adaptable and relatively tolerant of human activities, development of the site will create no significant adverse impact on the owls. Pileated woodpeckers generally inhabit mature and old growth forests which have large snags and fallen trees. but are also reported to use open woodlands. parks, and wooded suburbs in the Puget Sound area. The study identified sIx snags on the Ventana site which have been used for foraging by pileated woodpeckers and one large Douglas fir that has a nest cavity which could have been used by said woodpeckers. However, the foraging appears relatively old and the 10 acre site Is much too small to support a pair of woodpeckers. The habitat Is only of marginal suitability since the healthy condition of the trees provides a low density of small snags. While ensatina salamanders are found they are not on any state or federal list of threatened, endangered, or sensitive species. The ensatlna is . described by expert publications as "one of the most widespread of specIes of salamanders." Development of the site will not adversely affect any species or habitat of concern. - The applicant wIll comply with all FWCC infrastructure requirements. Fifty foot wide rights-of-way will be improved with 28 feet of pavement. vertical curbs, gutters, sidewalks, and street trees. The intersection of 304th Street and 24111 Avenue S.W. will be widened and improved with sidewalks on the west and south sides. The applicant will also install a raIsed asphalt sidewalk on the south side of 304th Street from the parcel to Adelaide Elementary School. Conditions also require a retaIning wall design along the south property line to promote residential design themes through terracing and the use of natural material. 11. Section 20-155 (b) FWCC requires all residential subdivisions to retain 15% of the gross land area in open space. However, said section also authorizes applicants to elect a fee in lieu of open space payment to satisfy open space requirements. Following consideration of the City's overall park plan: and the quality, location, and service area of the open space, the parks director accepted the offer of payment in lieu of open space. The payment is based on the most recent assessed value of the property or a professional appraisal. Thus, the plat complies with Section 20.155(b) as the applicant is maintaining 2.5% of the site as open space and the parks director has agreed to accept a fee in lieu of payment for 12.5%. Because of the mass grading required to develop the site in accordance with it's zone c1assificatlon. the absence of critical areas such as wetlands, and the large amount of open space within the immediate area to include Poverty Bay Park and numerous ravines and steep slopes. the parks director's decision is appropriate. The plat makes appropriate provision for open 5 EXHIBIT ~ P AGE -L- 0F7C... L "3::>Vd 90llUl£Sl ::>a,g T '1/ >1'TOT 0 b : b T {UI"\W\ ~ ~ 77"<: -= ~ 12. spaces, parks, and playgrounds. Significant concerns were raised by downstream property owners to the west regarding storm drainage control and the increased runoff caused by removal of the trees and understory and the creation of Impervious surfaces. The sIte is located within an area of the South Lower Puget Sound Sub-Basin which has downstream conveyance, flooding, erosion, and habitat problems associated wIth storm water runoff. Pinnacle Engineering, Inc., prepared a preliminary storm drainage report dated October 17, 1997, and revised August 14, 1998 (Exhibit I to the staff report.) The report proposes mitigation as recommended by the basin plan which requires use of a seven day storm event in sizing on-site detention facilities. Pinnacle Engineering, Inc., also performed a Level 2 downstream assessment which identified substandard draInage facilities. Conditions of approval require that all storm water facilities be designed in accordance with the 1990 King County Surface Water Design Manual. Pinnacle, in Its efforts to find an established drainage course which will accommodate plat storm drainage, is attempting to obtain easements across private property. If successful, such will ensure a discharge route that will not impact downstream property owners. The Examiner has added a condition which requires the applicant to provide a copy of the final stonn drainage plan to Dean Condos with opportunIty to review and comment prior to it's final approval by the City.- Compliance with the basin plan, the KCSWDM. and the provision of adequate downstream facilities will ensure that the plat makeš appropriate provIsIon for drainage ways. 13. The principal objection raised by neighboring property owners is the proposed connection of 25th Avenue S.W. between the Ventana and View Cliff subdivisions. King County approved View Cliff in the mid-1960's many years before the Incorporation of Federal Way and prIor to adoption of County road standards. The View Cliff final plat contains the following note: Temporary turnaround to become voId on extension of 25th Avenue S.W. The final plat also reflects 25th Avenue S.W. extending to the 3041h Street right-ot- way. Thus, King County intended that 25th Avenue would be extended and that the temporary cul-de-sac would be eliminated. All property owners within View Cliff were either aware of the temporary nature of the cul-de-sac or were charged with it's knowledge since it is a recorded document. However, property owners 6 e EXHI. BIT -=::-iT' P AGE --L- 0 F ....Lt2- "8' :ir::>v d 90lllLZ{:.!;Z ~~-~ . ~ _.. - . 14. correctly assert that View Cliff has had no problems with it's internal circulation for the past 30+ years and strenuously object to the creation of another access Into the subdivision for a number of reasons to Include: higher traffic volumes on inadequate and poorly designed streets; opposition by 97% of the residents of ' View Cliff; creation of a high speed traffic corrIdor; elimination of a basketball hoop and play area for children at the 2511\ Ave. cul-de-sac; creation of unsafe walking and bicycling conditions; increased crime caused by better access and more than one way out; and the fact that the extensIon of 25th was required by King County as opposed to the City. In addition to the temporary cul-de-sac and extension of 25th to the south property line, the final plat of View Cliff No.2 reflects that the unopened right-of- . way of S.W. 304t11 Street abuts the entire south property line of the plat (lots 1 and 18). Thus, when View Cliff No.2 was approved, King County contemplated the extension of 25111 Avenue to the south and the extension ot 304th Street to the north to provide a connection with 25th Avenue. Since the City has not required the applicant to either dedicate the additional right-at-way for 304\11 Street or to .construct said street, the existing 30 foot wide unopened rIght-of-way will likely not be used for road purposes. 15, A drive through the View Cliff subdivision reveals an attractive, well maintained neighborhood with streets of substandard width and no curbs, gutters, or sidewalks, and either narrow or no shoulders. View Cliff is shaped similar to a chicken "wishbone" with the two prongs being 25th Avenue and 24th Avenue and the stem extending north from their intersection. To access Ventana through View Cliff, a driver would travel westbound on S.W. 304tn Street. turn northbound on 24th Avenue S.W., travel north for approxImately 1,000 feet, make a horseshoe left turn onto 3018( Place which runs to the northwest. make a sharp left turn onto 25tt\ Avenue S.W., and then drIve south about 1,000 feet to Ventana, A much quicker and easier access into Ventana is provided via 211\ Avenue and S.W. 30ath for drivers coming from eIther the north or the south. Ventana residents would have no reason to use View Cliff roads unless visIting someone In View Cliff, or If other accesses were closed. Connecting 25th Avenue will likely mean that some residents of View Cliff desiring to travel south will likely use the Ventana roads as opposed to the present 24th/304m route, While 25th Avenue will experience more traffic, it will not become the thoroughfare that residents fear. The VIew Cliff subdivision contains 54 lots, most of which will continue to use the 24th/304th route to Dash Point Road. 7 EXHIBIT ~ .. PAGE.!LOF ..LL. 6 '3~Vd ~aì8: I >¡¡ H.LO! /, t> : t> t ('-TOW) F, F, 77 ';:: -= ; 90Z:Z:Z:l.Z£SZ: 16. .. Residents have accused City staff of not listening to their desire to keep 25th Avenue closed. Residents point to the virtual unanimous support for closure as evidenced by petition signatures. However, City staff and the Examiner must review policies and standards adopted by the Federal Way City Council in . determining proper access for a new subdivision. Land use decisions are not made by popular vote, but are determined by whether the project complies with adopted criteria. Chapter 20 FWCC contains the Federal Way Subdivision Code. Section 20.2 states that the purpose of said chapter is to implement the Comprehensive Plan; promote the health, safety, and general welfare; promote safe and convenient travel by the public on streets and highways through the proper planning and coordination of new streets within a subdivision with existing and planned streets in the surrounding communIty; provIde for proper ingress and egress; and promote the effective use of land by preventing overcrowding or scattered development which would adversely Impact the transportation system. Thus, the City Council has determined that in approving new subdivisions, City staff must plan and coordinate "new streets within a subdivision with existing and planned streets in the surrounding community," City staff has done so by requiring a road connection contemplated for many years. 17. Section 20-151 FWCC entitled "Subdivision Design" provides in part as follows: a. Subdivisions should be designed 80 that traffic Is distributed in a logical manner toward a collector street system, to avoid intrusion and over-burdening of residential streets, and to connect with planned or existing streets. c. Cul-de-sac streets should be no longer than 600 feet. d. Blocks should be no longer than 1,200 feet without an intersecting connector road. If 25th is not connected, a cul-de-sac substantially longer than 600 feet will be maintaIned. Even with 25th Ave. connected, the distance between its intersection with 24th Ave. SW and SW 30111 Place is longer than 1,200 feet. Connecting 25th will not overburden the existing road even though it is substandard. The only objective way of determining whether a street is overburdened is to refer to a recognized traffic engineering publication establishing standards for local streets. Otherwise, some residents may think that 10 vehicle trips per day overburdens a street while others may think that 500 vehicle trips per day overburdens a street. 8 EXHIBIT ...-t PAGEJILOF -'L- 0 t ';a:JVd 90lllLZE:5l oa"Ig J 1/ 1-!Tn¡ Of, : f, T . (U"W\ ~ ~ 77'c: '" ~ The Federa! Way City Council has adopted traffic volume limits for each street classification. All streets abutting and within the Ventana and View Cliff subdivisions are classified as local streets, and Table 111-3 of the comprehensive plan states that local streets can handle a maximum of 1.500 vehicle trips per day. The Institute of Transportation Engineers Trip Generation Manual estimates that each stngle family residential dwelling will generate ten vehicle trips per day. Thus, if every vehicle trip from every single family dwelling in both the Ventana and View Cliff subdivIsions use 25th Ave., such would amount to 820 vehicle trips per day or 55% of the roadls capacity. 18. Connecting 25th is also consistent with the land use goals and policies of the Federal Way Comprehensive Plan as follows: t 1 ':;¡DVd a. land Use Goal 3 and Land Use Policy (LUP) 14 encourage the preservation and protection of Federal Way single family neighborhoods through strict enforcement of the City's land use regulations. Such includes the requirements of the subdivision code set forth above. Furthermore, smaller street grids are encouraged to disperse vehicular traffic so that no residential streets are overburdened and walking distances .are shortened, which in turn reduces vehicular use. LUP 17 encourages the development of transportation routes to single family neighborhoods which re-enforces the concept of multiple routes between destinations. The transportation goals and policies of the comprehensive plan encourage the protection of neighborhoods from traffic Impacts. As previously found, connection of 25th with the Ventana street network will add little, If any. traffic to the streets within View Cliff. The connection will provide an alternative vehicle and pedestrian route for residents of View Cliff travelling to the south. b. Transportation Goal 2 and TP 20 state as follows: Transportation Goal 2: Provide a safe. efficient, and economic street system with sufficient capacIty to move people, goods, and services at an appropriate level of service. The City shall adopt policies for the construction, reconstruction, maintenance, and preservation of new and existing facilities such as gravel and. substandard streets. TP 20: Take advantage of opportunities to open new road 9 ..EXHIBIT ~ . PAGEJLOF. /" 90lllLl£Sl Da18 I ~ H~ot . eÞ:Þ1 (NOW) 66. II .\:::=:.5 connections to create route alternatives, especially In areas with few access choices. . \ Opening 25th Ave. specifically complies with the above goal and polley as it creates a second alternative route Into View Cliff which consists of 54 lots served by only one access. c. TP21 states as follows: Enhance traffic circulation and access with closer spacing of through streets as follows: 8. Arterial streets at least every 1,200 feet in single family zones and every 600 feet in non-single family zones. b. Collector streets every 600 feet in single family zones and every 600 feet In non~slngle family zones. Implementing TP 21 would require extending 304th St. to 25th Ave" but City staff has elected not to do so, However, based upon the adopted comprehensive plan policies and subdivision code criteria, City staff has correctly required the extension of 25th Ave. Following the desires of residents would directly contradict the adapted "standards, plans, and policies of the City Council. Furthermore, maintaining 25!t1 a dead-end road would not further the health, safety, and welfare as it creates problems not only for emergency vehicle providers, but also delivery trucks, garbage trucks, mail service,etc" which must now backtrack for significant distances due to the road layout. The plat makes appropriate provisions for streets, roads, alleys, and other public ways. . 19. Lake Haven Utility District will provide both potable water and fire flow to the site and sanitary sewer service to each lot. The Federal Way Fire Department has a fire station within a reasonable response time. The plat makes appropriate provision for water supplies, sanitary waste, and fire protection. 20, The applicant must comply with the Federal Way School Impact Fee Ordinance and make a payment of $2,882 per single family housing .unit .at the time of building permit issuance, As previously found, the applicant is providing safe walking conditions for students by providing sidewalks on both sides of internal plat roads and on the south side of 304111 St. E. to Adelaide Elementary School. 10 EXHIBIT ( PAGE--'-LOF --'.L l t "3:DVd 90lllLl£~l ¡;b:bl ("",WI ¡;¡; 77 """-=:1 DQì8: 1'1/ HIOI 21. While concerns were raised regarding overcrowded conditions at the schools, our Court of Appeals has addressed this issue in the case of Kenart and A$soeiS!tes v. SkaQlt County, 37 Wn. App 295 (1984) as follows: \ School capacity is always a legitimate concern, but, taken alone any development could be halted solely on this ground. If no solution exists, then perhaps no further development Is appropriate, but the mere fact that more houses mean more children and more children mean greater school capacity is needed, is not the end of the inquiry. 37 Wn. App 295 at 302. The City Council has adopted a School Impact Fee Ordinance to address overcrowding, and taxes generated by the subdivisIon will also support the public schools. The plat makes appropriate provision for schools and school grounds and safe walking conditions for students. Section 20-126 FWCC requires the Examinerto issue a written recommendation of approval or disapproval of thesubdívision to the Clty Council. Section 20- 126(c) sets forth the decision criteria used by the Examiner in reviewing the preliminary plat. Findings on each criteria are hereby made as follows: A. As previously found, the proposed plat is consistent with the Federál Way Comprehensive Plan. B. As previously found, the preliminary plat is consistent with applicable provisions of the subdivision code. C. The preliminary plat is consistent with the public health. safety, and welfare assuming that the applicant complies with applicable development codes and regulations. D. As previously found, the preliminary plat satisfies the design criteria set forth in Section 20-2 FWCC as well as the criteria set forth in RCW 58.17.110. E. The preliminary plat Is consIstent with the development standards set forth in Sections 20-151 through 20-157 and 20-178 through 20-187 FWCC. 22. Concerns were raised by one or more property owners abutting the east side of the parcel regarding the proposed retaining wall. The applicant submitted a 11 EXHIBIT~ P AGE 13-0 F ..!.II- £ I ':;¡DV¿ 90ZZZL.,Z£SZ Da,g I '" RIO I ¡;ú:úT '..rAW' ¡;¡; 77'q.,,~ 23. proposal for a rock retaining wall and requested the Examiner's approval. However, neither City staff nor residents had had an opportunity to review the proposal and the Examiner will not approve it, but will impose the CIty's recommended Condition 6. In doing so, the Examiner is not finding that said wall is not appropriate or not å good design, but only that it should be further reviewed prior to approval. . \ The Examiner has modified conditions of approval as agreed to between the applicant and the City, but has declined to adopt the modifications requested for the drainage condition. The Examiner agrees that since the applicant is proposing the preliminary plat, it is responsible for remedying downstream conveyance problems. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The pro.posed preliminary plat of Ventana is consistent with the goals and policies of the Federal Way Comprehensive Plan and satisfies all criteria of the Federal Way Subdivision Code and zoning regulations. 3. The proposed preliminary plat makes appropriate provision for the pub1íc health, safety, and welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, water supplies, sanItary waste, fire protection, parks, playgrounds. sites for schools and school grounds, and safe walking conditions for students. 4. The proposed preliminary plat satisfies all criteria set forth In Sections 20-126(c), 20-151 through 20-157, and 20-178 through 20-187 FWCC. 5. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision consistent with existing development in the area, and therefore should be approved subject to the following conditions: 1. Because the plat proposes to redirect surface water runoff from the 12 h EXHIBIT PAGE .1!LOF V t ':;¡DVd 90ZZZLU:;Z ~,..,~~ . ~ -- - - . 51 '3::)Vd northeast basin into the western basin (the net result of which is an increase in the real size of the plat's westernmost drainage basin. as required by the Public Works Director). and prior to constructing the plat improvements, the conveyance system downstream of this basin shall be analyzed in sufficient detail to Insure that the increased volume of water discharged from this basin can be accommodated. A level three downstream analysis shall be performed from the plat to Puget Sound for engineering plan review. Additional hydrologic/hydraulic analysis shall be required if the level three analysis Is not sufficIent to determine all drainage problems, The dòwnstream capacity of the new drainage conveyance for the Southwest basin between the project site and Puget Sound has to be . adequate. The capacity of this conveyance needs to be fully analyzed using the design standard outlined In the King County Surface Water Design Manual. The analysis will be reviewed in the engineering review process. Any deficiency of the conveyance has to be addressed before engineering approval of the project. Depending upon the result of the analysis and the historical observation record. the mitigation effort may involve substantial improvement of the conveyance system downstream. The bonds and liability requirement. including drainage facilities restoration and site stabilization bond and the maintenance defect bond, shall be applied to all downstream improvements constructed by the developer. The applicant shall be required to construct all Improvements necessary to mitigate all identified conveyance problems, whether existing or resulting from the plat's development, as Identified during engineering plan review. as required by the Public Works Director. Engineering approval shall not be granted if it is determined that p~oposed mitigation Is not adequate to address the impacts of the project. 2~ All plat drainage elements shall be required to conform to the standards, policies, and practices of the City of Federal Way's Surface Water Management Division as outlined in the adopted "1990 King County Surface Water Design Manual, "the "City of Federal Way Comprehensive Surface Water Management Plan ~ Phase I, II the "Comprehensive Surface Water Management Plan," and the tIStormwater System Operation and Maintenance Manual, n and as modified by the Public Works Director. 13 EXHIBIJ- é 13- PAGEJ:LOF 90lllLl£5l 05:t>t (NOW) 66. ll'S3:d :)GïS I 'Ii' H~OI .' . 91 ':;¡::>Vd 3. Retention/detention facilities used to control runoff from the site to off-site drainage courses shall be located In a detention tract dedicated to the city at the time of final plat approval, unless located within improved public rights-of-way. Vegetative screening of the facilities shall be provided. 4. The final plat drawing shall establish the open space In an open space tract to be owned In common and maintained by property owners of the proposed subdivision (or owned by an incorporated homeowners' association and maintained by the association), and prohibiting removal or disturbance oflandscaping within the tract, except as necessary for maintenance or replacement of existing plantings and as approved by the. city. Additional vegetation may be located In open space(s) and Native Growth ProtectIon Easement (NGPE) tracts to meet the MDNS conditions as approved by the city. - 5. Prior to issuance of construction permits, a landscape plan, prepared by a licensed landscape architect, shall be submitted to the city for approval, and shall include the following elements: a) Open space landscaping; b) Street trees in planter strips inside plat boundaries;"'" c) Tree conservation and significant tree replacement; and d) Visual screening of all property boundaries of the detention tract from adjacent properties and the right-at-way with landscaping and/or fencing. Cyclone fencing, if used, shall be painted black or green, and shall be surrounded by vegetation. 6. Retaining walls and rockery design shall be harmonious with existing adjoIning residential uses, and shall promote residential design themes through such means as terracing, orientation, natural material selection, . use of vegetation, and textural treatment. 7. The applicant must develop written procedures to inform personnel working on the site (1) to be on the alert the possIbility that (a) archaeological remains could be exposed during construction. and (b) 14 EXHIBIT e; IT PAGEJ'-' OF 90ZZZ¿Z£5Z ::>o,a I ~ H~OI .15:\11 (NOW) 66. ZZ '\B~ evidence of such remains can Include concentrations of organic material, shell, fire modified rock, burned or oxidized sediments, bone or lithic, and (2) that should remains be exposed, personnel must follow specific procedures to notify the Washington State Department of Archaeology and Historic Preservation, the City of Federal Way, and an archaeologist. The written procedures shall be revIewed and approved by the city prior to beginning construction. 8. To provide a safe route of travel for school children, the applicant shall install an asphalt-paved pedestrian pathway from the subject site, west along the southern side of SW 304th Street to Adelaide Elementary School, subject to review and approval by the Public Works Director. The. pathway shall generally be 8~feet wide, but may be narrowed down to a 5- foot wide in places as necessary to avoid construction conflicts with existing Improvements along the ,route. 9. According to the Plat of VlewCliff No.2, the temporary turn-around located at the southern portion of Viewcliff No.2 is to become void on the extension of 25th Avenue SW. The applicant will be responsible for preparation and submittal of any documents necessary to accomplish the voiding of the existing 25 Avenue SW cul-de-sac at the direction of the city. 10. The applicant shall provide a copy of the final storm drainage plans to Dean Condos for review and comment prior to final approval by the City. RECOMMENDATION: . . L t ";;¡ÐVd It is hereby recommended to the Federal Way City Council that the prelimInary plat of Ventana be approved subject to the conditions contained In the conclusions above and the mitigating measures set forth in the Mitigated Determination of Nonslgnlficance. 111/ DATED THIS 12- DAY OF lS EXHIBIT ~ PAGEJLOF JL 90lllLZ£Sl ÐGl8: I :¡ HlOt ts:t>t (NOW) 66. II 'S3:" rá TRANSMITTED THIS ðQ DAY OF February, 1999, to the following: APPLICANT: Wellington Morris Corporation Greg Sahar, Vice President 10335 Main Street, Suite 8 Bellevue, WA 98004 ENGINEER: Pinnacle Engineering, Inc. Ray Miller. PE 11100 NE 8t11 Street, Suite 355 Bellevue. WA 98004 OWNER: - Roberta and Ernest Gadberry 438 Comstock Place Seattle, WA 98109 David Halinen 10500 NE 8th St. #1900 Dean Condos 30444 28th Ave. SW Keith Dewey 401 SW 152f\d Street Louise Uhlman 2434 SW 306111 Place Dianne Ray 2405 SW 301 at Place Patricia Clark 30255 25th Ave. SW Sean Redmond 30423 23(Q Ave. SW Robert Collins 30235 25th Ave. "SW Kent Nelson 30206 2Stn Ave. SW Penny Fullaway 30215 25th Ave. SW Mike Bollen 30432 23rd Ava. SW . Gary Lang Construction 34618 11th PI. S.. Ste. 200 John Norris 10516 172Md Ct. SE Randolph Colton 30168 25\11 Ave. SW City of Federal Way c/o Chris Green 33530 1 It Way S. 16 e I .:3:DVd 90lllL..l£5l Bellevue, WA 98004 Federal Way. WA 98023 Burian, WA 98166 Federal Way, WA 98023 Federal Way, WA 98023 Federal Way, WA 98023 Federal Way, WA 98023 Federal Way. WA 98023 Federal Way, WA 98023 Federal Way, WA 98023 Federal Way, WA 98023 Federal Way. WA 98003 Renton, WA 98059 Federal Way, WA 98023 Federal Way, WA 98003 . EXHIBLT - e PAGE-ILOF L.. Da1:a 1 "i Hl.Ol l5:t>1 (NOW) 66.77""-;:;. ,VI/f(?t) MEETING DATE: November 16, 2004 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2005 - 2006 Biennial Budget CATEGORY: D CONSENT D RESOLUTION D CITY COUNCIL BUSINESS BUDGET IMPACT: [8J ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: 2005 - 2006 Budget Ordinance and Exhibit A. ........................................... SUMMARYIBACKGROUND: The City Manager has submitted the City's proposed 2005 - 2006 budget to the City Council for consideration. The Council held public hearings on October 5th and November 2nd allowing for citizen comment on the proposed budget document. ........................................ CITY COUNCIL COMMITTEE RECOMMENDATION: PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on December 7,2004. CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D TABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 3t/-9 K:IFINIO506BUDGET\O506 BUDGET AGENDA BllL.DOC ORDINANCE NO. DRAft /J!9!ð i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, ADOPTING THE 2005 - 06 BIENNIAL BUDGET. WHEREAS, the tax estimates and budget for the City of Federal Way, Washington, for the 2005-06 fiscal biennium have been prepared and filed on October 5, 2004 as provided Titles 35A.34 and 84.55 of the Revised Code of Washington; and WHEREAS, the budget was printed for distribution and notice published in the official paper of the City of Federal Way setting the time and place for hearing on the budget and said notice stating copies of the budget can be obtained on-line and at the Office of the City Clerk; and WHEREAS, the City Council of the City of Federal Way, having held public hearings on the budget on October 5 and November 2, 2004, and having considered the public testimony presented; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORD. # , PAGE 1 2005-06 Biennial Budget. That the budget for Section 1. the 2005-06 biennium is hereby adopted in the amounts and for the purposes as shown on the attached Exhibit A ( " 2 0 0 5 and 2 0 0 6 Adopted Budgets"). Section 2. Administration. The City Manager shall administer the Biennial Budget and in doing so may authori ze adjustments to the extent that they are consistent with the budget approved herein. Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of 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 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effecti ve Date. This ordinance shall be effective January I, 2005. PASSED by the City Council of the City of Federal Way day of , 2004. this ORD. # , PAGE 2 CITY OF FEDERAL WAY MAYOR, DEAN MCCOLGAN ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED ~S TO FORM: CITY ATTORNEY, PATRICIA RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K,\FIN\O506BUDGET\ORDINANCE\O506 BUDGET ORD.DOC ORD. # , PAGE 3 EXHIBIT A 2005 . 2006 ADOPTED ORDINANCE 2005 2006 Beginning Fund Beginning Fund Ending Fund Fund Balance Revenue Expenditure Balance Revenues Expenditure Balance General Fund $ 1,497,837 $ 30,696,787 $ 31,525,195 $ 669,430 $ 31,330,354 $ 31,689,784 $ 310,000 Street 100.000 3,743,569 3,743,570 99,999 3,808,260 3,808,259 100,000 Subtotal General/Street Fund 1,597,837 34,440,356 35,268,765 769,429 35,138,614 35,498,043 410,000 Less Transfer from GF To ST Fund (2,565,507) (2,565,507) (2,450,398) (2,450,398) Net General/Street Fund 1,597,837 31,874,849 32,703,258 769,429 32,688,216 33,047,645 410,000 Special Revenue Funds: Arterial Street . 1,481,008 1,481,008 - 1,502,519 1,502,519 - Utility Tax 954,260 7,527,399 7,735,400 746,259 7,639,498 7,416,360 969,397 Solid Waste/Recycling 94,284 301,501 345,685 50,100 303,217 349,313 4,004 Special Contract/Studies 5,289 . . 5,289 . . 5,289 Hotel/Motel Lodging Tax . 150,000 150,000 . 150,000 150,000 . 2% for Arts - - - . . - - Grants. CDBG - 877,572 877,572 . 747,398 747,398 - Paths and Trails 5,531 3,397 - 8,928 3,441 . 12,369 Debt Service Fund 2,897,555 6,322,273 6,083,127 3,136,701 5,965,861 5,278,856 3,823,706 Capital Project Funds: Capital Project-City-wide . . - . - . . Capital Project-Parks 776,464 345,000 952,000 169,464 779,000 794,000 154,464 Capital Project-SWM 2,646,866 2,032,561 3.733.726 945,701 779,291 1,559,485 165,507 Capital Project-Transportation 1,606,409 4,556,050 4,333,417 1,829,042 17,209,625 18,532,417 506,250 Enterprise Fund: Surface Water Management 347,314 3,588,215 3,510,724 424,805 3,618,549 3,693,744 349,610 Dumas Bay Centre 3,943 738,865 738,865 3,943 750,318 750,318 3,943 Internal Service Funds: Risk Management 4,039,139 990,729 965,729 4,064,139 1,058,045 1,033,045 4,089,139 Information Systems 1,544,756 1,586,229 1,471,510 1,659.475 1.552,437 1,467,261 1,744,651 Mail & Duplication 111,501 177,603 183,870 105,234 177,603 171,870 110,967 Fleet & Equipment 2,143.332 1,254,007 884,573 2,512,766 1,256,330 928,896 2,840,200 Buildings & Fumishings 108,785 419,335 366,063 162,057 427,927 374,655 215,329 Grand Total All Funds $ 18,883,265 $ 66,792,100 $ 69,082,034 $ 16,593,332 $ 79,059,673 $ 80,248,180 $ 15,404,825 K:\FIN\0506BudgetINew Programs\0506 detail of changes - council.xls 05_06 Ordinance 11/1012004 9:27 AM MEETING DATE: November 16, 2004 . ITEM# Yí// - a~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2005 Property Tax Levy CATEGORY: 0 CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS BUDGET IMPACT: ~ ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ mm.......................... ...................................................-..............""....... mm.".."...................... A TT ACHMENTS: 2005 Property Tax Levy Ordinance ..........-............................m... ....m_m.._..................... SUMMARYIBACKGROUND: The City Council held public hearings on October 5th and November 2nd on the proposed 2005/06 budget and 2005 proposed property tax levy. The 2005 proposed property tax levy is based on the 1 % increase plus new construction and would result in a decrease in the tax rate from $1.30 to approximately $1.27 per $1000 of assessed valuation. .................................. ............-...............",...... ................................... CITY COUNCIL COMMITTEE RECOMMENDATION: .......-............................ .............-...-........................................................... ..........................."'" PROPOSED MOTION: I move the proposed ordinance to second reading and adoption at the next regular meeting on December 7, 2004. ........._..........m.--_....... -~..- .............-..."'......'.-""..... CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDillEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 3s-o REVISED - 05/10/2001 ORDINANCE NO. DRAFT /1/9/ð 'f AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR 2005. WHEREAS the City Council of the City of Federal Way has met and reviewed all reyenue sources and examined all anticipated expenses and other obligations for the 2005/06 biennium; and WHEREAS the City Council, in the course of considering the biennium budget, has conducted public hearings on the proposed property tax levy for 2005, and proposed reyenues . expenditures for the biennium;and WHEREAS the City Council, after hearing and duly considering all relevant eyidence and testimony presented, determined that it is necessary and advisable to authorize an increase in regular property tax levy consistent with the limit factor prescribed by RCW 84.55.0101 to discharge the expected expense and obligations of the city; now, therefore, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. l&Yy. There shall be and there is hereby levied against the property in the City ofF ederal Way, Washington, a municipal regular property tax for the year 2005 for the purposes of paying expenses and discharge obligations of the city in the amount of Eight Million Two Hundred and Seyenty Seven Thousand Dollars ($8,277,000). The levy amount includes (1) an increase in property tax reyenue from the previous year of Eighty Thousand Nine Hundred and Seventy Two Dollars ($80,972) or one percent (1 %), (2) new construction and improvements to property, (3) any increase in the value of state assessed property, and amounts authorized by law as a result of any annexations that have occurred, as well as applicable refunds already made. ORDINANCE NO. , Page 1 k,\fin\OSO6budget\ordinance\OS ptytx ord.doc Section 1. Seyerability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdiyision, section, or portion ofthis ordinance or the inyalidity of the application thereof to any person or circumstance, shall not affect the yalidity of the remainder of the ordinance, or the yalidity of its application to other persons or circumstances. Section 2. Ratification. Any act consistent with the authority and prior to the effectiye date ofthis ordinance is hereby ratified and affirmed. Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as proyided by law. PASSED by the City Council of the City of Federal Way this ,2004. day of CITY OF FEDERAL WAY MAYOR, DEAN MCCOLGAN ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTNE DATE: ORDINANCE NO. , Page 2 b\fin\O506budget\ordinance\O5 ptytx ord.doc MEETING DATE: November 16, 2004 ITEM# J!¡I L (C-) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Admissions Tax Amendment CATEGORY: BUDGET IMP ACT: D CONSENT D RESOLUTION D CITY COUNCIL BUSINESS X ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Proposed Ordinance SUMMARYIBACKGROUND: During the Special Meeting held on November 4,2004, regarding the 2005-06 budget City Council deliberated and directed staff to prepare an ordinance amending the date for collecting the Admissions Tax. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on December 7, 2004" CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED 0 DENIED D T ABLEDIDEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # d~/ REVISED - 05/10/2001 K:\AGNDITEM\2004\admissions tax amend DR AFT /1/9/Oý AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CODE CHAPTER 14, ARTICLE IV, SECTION 153 RELATING TO PERSONS SUBJECT TO TAX (AMENDING ORDINANCE NO. 02- 432). ORDINANCE NO. WHEREAS, the state legislature repealed the Motor Vehicle Excise Tax which reduced the Public Safety funding for all local governments and will cease to proyide substitute funds as promised; and WHEREAS, the voters of the state haye passed tax limiting initiatives which limit the increase in property tax growth rate to the lower of I % or inflation which does not keep pace with the public safety cost increases; and WHEREAS, as part of the 2003-2004 budget deliberation process, the City Council has determined that it is adyisable to increase the service levels in the area of public safety in public schools and on city streets; WHEREAS, State law permits the City to leyy a tax not to exceed 5% on charges for admission to recreation or amusement facilities and places; and WHEREAS, the City deemed it necessary and adyisable to adopt measures proyiding increased reyenue to fund the proposed increase in public safety service demands commencing January 1, 2005; and WHEREAS, the City Council desires to defer the commence date from January I, 2005 to January 1, 2007. ORD# , PAGE 1 THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section I. Amendment. The Federal Way City Code Chapter 14, Article N, Section 153 is amended as follows: 14-153 Person subject to tax - Amount. Effectiye January I, 200~1, there is levied and imposed a tax of two and one-half percent to be paid by every person, regardless of age, who pays an admission charge to any place within the city limits. No tax shall be levied on any person who is admitted free of charge and from whom no compensating payment is obtained. The tax on reduced admission charges shall be charged on such reduced charge and not on the regular admission charge. (Ord. No. 02-432, § 3, 11-19-02) Section 2. Severability. The prOYlSlOnS of this Ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this Ordinance or the inyalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this 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 effectiye date of this Ordinance is hereby ratified and affirmed. Section 4. Effective Date. This Ordinance shall take effect and be in force 30 days from and after its passage, approval and publication, as proyided by law. ORD# , PAGE 2 PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this - day of ,2004. CITY OF FEDERAL WAY, WASHINGTON By MAYOR, DEAN McCOLGAN ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: ORDINANCE NO. K:\ORDIN\2004\admission tax amend 2007 start , PAGE 3 ORD# MEETING DATE: November 16, 2004 ITEM# <ill (I -(ÇJ) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Business License Amendment CATEGORY: BUDGET IMPACT: 0 CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS x ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Proposed Ordinance SUMMARYIBACKGROUND: During the Special Meeting held on November 4,2004, regarding the 2005-06 budget City Council deliberated and directed staff to prepare an ordinance amending Chapter 9, Article II, Section 31. CITY COUNCIL COMMITTEE RECOMMENDATION: N/ A PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on December 7, 2004" CITY MANAGER APPROVAL: ~..~. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 T ABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 3S-à REVISED - 05/10/2001 K:\AGNDITEM\2004\business license amend \ -, DR t 1/ /9 I {) {- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE, CHAPTER 9, ARTICLE II, SECTION 31 RELATING TO PAYMENT OF FEES - DELINQUENT PAYMENT REGARDING BUSINESS REGISTRATION (AMENDING ORDINANCE NO. 91-86). WHEREAS, the City Council has determined that the information gathered from the business registration program proyides a benefit to the citizens and to the City; and WHEREAS, the business registration program established in 1991 provided for Ciyil Penalties and for Criminal Penalties; and WHEREAS, not all businesses timely renew and/or register with the City and thus, become subject to the criminal and civil penalties; and WHEREAS, the City Council finds that the civil penalty amount for delinquent renewal and/or register should increase to reflect the administration cost; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment. The Federal Way City Code Article II, Section 31 is amended as follows: 9-31 Payment of fees - Delinquent payment. (a) Each initial registration required pursuant to this article shall expire at the end of the year in which it was issued and a renewal registration shall be required for each subsequent year. ORD# ,PAGEl (b) The business registration fees shall be as provided in the fee schedule kept on file with the city clerk. The fee schedule shall include a rate for the initial year's registration and an annual renewal rate for subsequent yearly registrations. (c) Each annual registration fee provided for in this article shall become due and payable on January 1st of eyery year and shall be deemed delinquent on February 1st. As to any business commenced during any year, the fee shall be due and payable on the first day that business is transacted or carried on. (d) All new businesses initially registered in the last quarter of any year are exempt from payment of the next year's business registration renewal fee. ( e) Any new businesses having to pay a special license fee shall be exempt from the payment of the initial year's business registration fee. (f) Failure to pay any registration fee due within 30 days after the day on which it is due and payable shall result in a penalty of fiye percent or $5, whicheyer is higher, on the amount of the registration fee, and an additional penalty of five percent or $5, whicheyer is higher, for each succeeding month of delinquency or part thereof, but shall not exceed a total penalty of $25 or 259 percent of the amount of such registration fee in any C'lent, whichever is higher. (g) The registration fee levied in this article shall be in addition to any other fees proyided for in any other ordinance or proyision of this Code, except as otherwise provided. (Ord. No. 91-86, § 1(5), (15), 2-5-91) Section 2. Seyerability. The provisions of this ordinance are declared separate and seyerable. The inyalidity of any clause, sentence, paragraph, subdiyision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not ORD# , PAGE 2 affect the yalidity of the remainder of the ordinancé, 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 ordinance shall 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 ,2004. CITY OF FEDERAL WAY MAYOR, DEAN McCOLGAN ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORDIN\2004\Business Fees - Delinquent Payment Revised 11-8-04 ORD# , PAGE 3 MEETING DATE: November 16,2004 ITEM# ')1/11&) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Massage License Amendment CATEGORY: BUDGET IMP ACT: 0 CONSENT D RESOLUTION 0 CITY COUNCIL BUSINESS x ORDINANCE D PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Proposed Ordinance SUMMARYIBACKGROUND: During the Special Meeting held on November 4,2004, regarding the 2005-06 budget City Council deliberated and directed staff to prepare an ordinance amending Chapter 9, Article IX, Section 475 of the City Code regarding massage licensing fees. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on December 7, 2004" CITY MANAGER APPROVAL: ~" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED D TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ;~3 REVISED - 05/10/2001 K:\AGNDITEM\2004\massage license amend ~.."'{" . \:I""" 0 R þ'~'ïJ., u/q/ci ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE, CHAPTER 9, ARTICLE IX, SECTION 475 RELATING TO MASSAGE LICENSING FEES AND PENALTIES (AMENDING ORDINANCE NO. 95-229). WHEREAS, regulation of massage businesses is necessary to preyent activities that are detrimental to the public health, safety, morals, and the general welfare of the citizens ofthe City of Federal Way; and WHEREAS, regulation of massage businesses is necessary to reduce significant criminal activity, including prostitution and breaches of the peace, that have historically and regularly occurred in the massage business; and WHEREAS, the Federal Way City Council has determined it is in the best interest of the public to reyise the Federal Way City Code to uniformly set a fee schedule for all business registration and penalties for delinquent payments; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment. Chapter 9, Article IX, Section 475 of the Federal Way City Code is hereby amended as follows: 9-475 License fees. (a) Amount of fee. Applicants granted a license under this chapter shall pay to the city the follO'.ving fees prior to the issuance of their license: Massage Business $15.00 per year ORD# ,PAGEl Massage Manager $15.00 per year Annual Renewal Fee $15.00 per year Applicants seeking a license under this Chapter for massage business and/or massage manager shall submit a completed application form as prescribed herein together with a fee as provided in the fee schedule kept on file with the City Clerk. Such fees shall be in addition to general business license fees where applicable. For massage practitioner (not employee of registered massage business) the general business license requirements of Chapter 9, Article II shall apply. (b) Late penalty. A late penalty shall be charged on all applications for renewal of a license received later than seyen working days after the expiration date of such license. The amount of such penalty is fixed as follows: Days Past Due Additional Percentage of License Fees 8 -30 25% 31 - 60 50% 61 and oyer 100% (Ord. No. 95-229, § 1,3-21-95) Section 2. Seyerability. The provisions of this ordinance are declared separate and seyerable. The inyalidity of any clause, sentence, paragraph, subdiyision, section, or portion of this ordinance or the inyalidity of the application thereof to any person or circumstance, shall not affect the yalidity of the remainder of the ordinance, or the yalidity of its application to other persons or circumstances. Section 3. Ratification. Any and all acts consistent with the authority and prior to the effectiye date of this ordinance are hereby ratified and affirmed. , PAGE 2 ORD# Section 4. Effectiye Date. This ordinance shall take effect and be in force five days from its passage, approval and publication, as provided by law. PASSED by the City Council of the City of Federal Way this - day of 2004. CITY OF FEDERAL WAY MAYOR, DEAN McCOLGAN ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORDIN\2004\massage license fees amend ORD# , PAGE 3 MEETING DATE: November 16,2004 ITEM# JlLIL Cf) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Bathhouse License Amendment CATEGORY: 0 CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS BUDGET IMPACT: x ORDINANCE 0 PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Proposed Ordinance SUMMARYIBACKGROUND: During the Special Meeting held on November 4,2004, regarding the 2005-06 budget City Council deliberated and directed staffto prepare an ordinance amending section Chapter 9, Article X, Section 615 of the City Code regarding bathhouse licensing fees. CITY COUNCIL COMMITTEE RECOMMENDATION: N/A PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on December 7,2004" CITY MANAGER APPROVAL: ~ " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDillEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # J ~-- f REVISED - 05/10/2001 K:\AGNDITEM\2004\bathouse license amend -",t:'!'?' 'i: 'f!. ~o ~}' \'l"" \ '\\ .~. '~~ ':""".\ v.¿~ , [( (q( r/r ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING SECTIONS OF CHAPTER 9, ARTICLE X, SECTION 615 OF THE FEDERAL WAY CITY CODE REGARDING BA THOUSE LICENSING FEES AND PENALITIES (AMENDING ORDINANCE NO. 95- 230). WHEREAS, the actiyities defined and regulated hereinafter are detrimental to the public health, safety, morals, and the general welfare ofthe citizens of the City of Federal Way and, therefore, such activities must be regulated as proyided herein; and WHEREAS, regulation of the public bathhouse industry is necessary because in the absence of such regulation significant criminal actiyity has historically and regularly occurred. This history of criminal activities in the bathhouse industry has included prostitution and breaches of the peace and the presence within the industry of individuals with hidden ownership interests and outstanding arrest warrants; and WHEREAS, the Federal Way City Council has determined it is in the best interest of the public to revise the Federal Way City Code to uniformly set a fee schedule for all business registration and penalties for delinquent payments for the City of Federal Way; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment. Chapter 9, Article X, Section 615 of the Federal Way City Code is hereby amended as follows: ,PAGEl ORD# 9-615 License fees. (a) Amount of fee. Applicants granted a license under this chapter shall pay to the city the follo'Ning fees prior to the issuance of their license: Public Bathhouse $15.00 per year Bathhouse Attendant $15.00 per year Bathhouse Manager $15.00 per year A.~.nual Renewal Fee $15.00 per year Applicants seeking a license under this Chapter shall submit a completed form as prescribed herein together with a fee as proyided in the fee schedule kept on file with the City Clerk. Such fees shall be in addition to general business licenses fees where applicable. (b) Late penalty. A late penalty shall be charged on all applications for renewal of a license receiyed later than seyen working days after the expiration date of such license. The amount of such penalty is fixed as follows: Days Past Due Additional Percentage of License Fees 8 -30 25% 31 - 60 50% 61 and over 100% Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the inyalidity of the application thereof to any person or circumstance, shall not affect the yalidity of the remainder of the ordinance, or the yalidity of its application to other persons or circumstances. ORD# , PAGE 2 Section 3. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. Section 4. Effectiye Date. This ordinance shall take effect and be in force five days from its passage, approval and publication, as proyided by law. PASSED by the City Council of the City of Federal Way this - day of 2004. CITY OF FEDERAL WAY MAYOR, DEAN McCOLGAN ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ORDIN\2004\bathhouse license fee amend , PAGE 3 ORD#