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Council PKT 12-07-2004 Regular J . ~ Federal 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 December 7, 2004 ~ I. II. III. a. b. c. d. e. IV. V. AGENDA FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall December 7, 2004 - 7:00 p.m. (wwwcityoffederalway.com) * * * * * CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE I~~ PRESENTATIONS -/4 ~ Swearing-In Ceremony/Police Officer Planning Commission Introductions/Certificates of Appointment Human Services Commission Introduction/Certificate of Appointment Introduction of New Employees/City Manager Emerging Issues/City Manager ~ 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 come forward 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. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items m(JY be removed by a Councill11ember for separate discussion and subsequent motion. a. b. Minutes/November 16, 2004 Regular Meeting Council Bill #34912005-2006 Biennial Budget - Enactment Ordinance Council Bill #350/2005 Property Tax Rate - Enactment Ordinance Council Bill #351/ Admissions Tax - Enactment Ordinance c. d. Page 1 of 3 . . . e. f. g. h. l. J. k. l. m. n. VI. VII. .J Council Bill #352/Business License Amendment - Enactment Ordinance Council Bill #353/Massage License Amendment - Enactment Ordinance Council Bill #354/Bathhouse License Amendment - Enactment Ordinance 2005 Fee Schedule - Resolution Document Compliance with Growth Management Act - Resolution 2005 Street Sweeping Services Contract/Bid A ward 2005 Right-of-Way Landscaping Maintenance/Bid Award East Branch Lakota Creek Restorationl85% Design Status Report City Center Access Study Briefing No. 4/Screening Level 2 Results & Options to Move Forward to Screening Level 3 Proposed Site Lease Renewal for Nextel CITY COUNCIL BUSINESS a. Approval of New City Hall Contracts b. Ventana Final Plat - Resolution c. Proposed Settlement with WilTel Communications X- INTRODUCTION ORDINANCES a. Council Bill #35512004 Year-End Budget Adjustment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 2003-04 BIENNIAL BUDGET (AMENDS ORDINANCE 02-434, 03-441 AND 03-455). b. Council Bill #356/Bicycle Helmet AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADDING A NEW SUBSECTION, 196, TO ARTICLE VI CHAPTER 15 OF CITY OF FEDERAL WAY CITY CODE REGARDING BICYCLE HELMET REGULATIONS (AMENDING ORDINANCE NO. 91-91). c. Council Bill #357/Lodging Tax Advisory Committee Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 2 OF THE FEDERAL WAY CITY CODE BY AMENDING SECTION 2-95.2 TO ALLOW MORE THAN FIVE MEMBERS ON THE LODGING TAX ADVISORY COMMITTEE. d. Council Bill #358/Utility Tax Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 14, ARTICLE V, OF THE FEDERAL WAY CITY CODE TO CLARIFY TAXPAYER OBLIGATIONS WITH RESPECT TO RECORDS MAINTENANCE AND PRODUCTION, THE CITY'S INVESTIGATIVE AND ENFORCEMENT AUTHORITY, AND GRANTING THE CITY SUBPOENA POWER FOR TAXPAYER RECORDS (AMENDS ORDINANCE NOS. 95-257 AND 96- 262). * 3 ~~~ ~~~page2of3... ~) ~ ~ #3S9/ >1rz:tLø~ ~¿z-~ ..... (.ß-.) (/~ ~_/ß ~ff3bð(r~~- 1~~7Jr '; i \ /)'Q v r", /? r. § ---.J......... - ',- Í // ~ - .I,~':"':' ~~., -Lr VIII. IX. :A- 7Z- CITY COUNCIL REPORTS ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** THE COMPLETE AGENDA PACKET IS A V AILABLE FOR REVIEW AT CITY HALL AND ON THE CITY'S WEBSITE UNDER "PUBLIC DOCUMENT LIBRARY" Page 3 of 3. . . MEETING DATE: December 7,2004 ITEM# ~ ¿[ ) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: BUDGET IMPACT: ~ CONSENT D RESOLUTION D CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Draft minutes of the City Council regular meeting held on November 16,2004. 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 of the minutes of the City Council regular meeting held on November 16, 2004. .. ...................................................... ~ 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 # 1ST d. . rea 109 Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/10/2001 FEDERAL WAY CITY COUNCIL Regular Meeting Council Cham bers - City Hall November 16, 2004 - 7:00 p.m. DRAFT Minutes 1. CALL MEETING TO ORDER Mayor McColgan called the regular meeting of the Federal Way City Council to order at the hour of7:11 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 Deputy Mayor Kochmar led the flag salute. Mayor McColgan welcomed the youth and adult members of the current Advancing Leadership Class who were in attendance, and invited Program Director Terri Hickel to say a few words about the program. III. PRESENT A TI ONS a. Certificate of Appreciation/Pete von Reichbauer Mayor McColgan read and presented the Certificate of Appreciation to King County Councilmember and Sound Transit Boardmember Pete von Reichbauer, thanking him for his assistance in securing $1,000,000 for the grid road located to the west of the Sound Transit Facility in Federal Way-Mr. von Reichbauer expressed his appreciation for the City Council's recognition. b. Introduction of New Employees/City Manager City Manager Moseley reported there are no new employees. c. Emerging Issues/City Manager Mr. Moseley advised there are no emerging issues to be presented at this time. Federal Way City Council Regular Meeting Minutes November 16, 2004 - Page 2 of 9 IV. CITIZEN COMMENT Kathy Franklin - spoke in favor of the city's proposed community center. Barbara Reid - expressed concerns about the huge overrun costs for the proposed community center-she feels the community is deserving of the facility, and doesn't want the project compromised. Mike Anderson - spoke in favor of the proposed community center focusing on the pool facilities. Patrick Redmond and Mike Condos - spoke in opposition to the resolution approving the Ventana final plat. Allen Overland and Tom Barghausen - representing the Ventana plat developer indicated they have spent a great deal of time and money working with city staff to conform with the city code on the project. H. David Kaplan - expressed his gratitude to the Council for the 200S-2006 budget, especially by restoring monies to parks and public safety. V. a. b. c. d. e. f. g. h. 1. J. k. l. CONSENT AGENDA Minutes/November 2,2004 Regular Meeting - Approved Vouchers - Approved September 2004 Quarterly Financial Report - Approved Council Bill #348/Critical Aquifer Recharge Areas & Wellhead Protection Areas Code Amendment - Approved Ordinance No. 04-468 2005 Legislative Agenda and Policies - Approved Resolution No. 04-434 2004-2005 Diversity Commission Business Plan - Approved 2004-2005 Youth Commission Work Plan - Approved Centerstage Theater Conservatory Lease of Space in Steel Lake Annex - Approved Armstrong Property Park Name - Approved Human Services Commission Appointment (unexpired term) - Approved Appointment of City Representatives to Metropolitan Solid Waste Manage- ment Advisory Committee - Approved Proposed Site Lease Renewal for N extel - Item inadvertently omitted from motion to approve consent items/to be placed on December 7, 2004 agenda for consideration Councilmember Burbidge pulled consent agenda items (£), (g), (i) and G) for discussion purposes. Federal Way City Council Regular Meeting Minutes November 16, 2004 - Page 3 of 9 MOTION BY COUNCILMEMBER DOVEY TO APPROVE CONSENT ITEMS (a), (b), (c), (d), (e), (h), (k); SECOND BY DEPUTY MAYOR KOCHMAR. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes Consent item (0/2004-2005 Diversity Commission Business Plan: Councilmember Burbidge spoke briefly to the commission's proposed business plan. MOTION BY COUNCILMEMBER BURBIDGE TO APPROVE THE 2004-2005 DIVERSITY COMMISSION BUSINESS PLAN AS PRESENTED; SECOND BY COUNCILMEMBER FERRELL. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes Consent item (g)/2004-2005 Youth Commission Work Plan: Councilmember Burbidge again spoke to the commission's proposed work plan. MOTION BY COUNCILMEMBER BURBIDGE TO APPROVE THE 2004-2005 YOUTH COMMISSION WORK PLAN AS PRESENTED; SECOND BY DEPUTY MAYOR KOCHMAR. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes Consent item (i)/ Armstrong Property Park Name: Councilmember Burbidge explained the proposed name of the park is due to the abundance of Madrona trees on the site and the close proximity to the Madrona Meadows Subdivision; the reasoning aligns with the criteria outlined in Resolution No. 91-57. Federal Way City Council Regular Meeting Minutes November 16, 2004 - Page 4 of 9 MOTION BY COUNCILMEMBER BURBIDGE TO APPROVE MADRONA PARK AS THE NAME TO BE GIVEN TO THE NEIGHBORHOOD PARK BEING CONSTRUCTED AT THE ARMSTRONG PROPERTY; SECOND BY DEPUTY MAYOR KOCHMAR. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes Consent item (j)/Human Services Commission Appointment (unexpired term): Councilmember Burbidge thanked outgoing Human Services Commissioner Keri Newport for her services on the commission; she was unable to complete her term as she and her family have moved away from the city. MOTION BY COUNCILMEMBER BURBIDGE TO APPOINT NANCY ROBERTSON AS A VOTING MEMBER OF THE HUMAN SERVICES COMMISSION, TO FILL THE UNEXPIRED TERM OF COMMISSIONER KERI NEWPORT THROUGH JANUARY 31, 2006; SECOND BY DEPUTY MAYOR KOCHMAR. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes VI. PUBLIC HEARING Disposal of Surplus City Property/Old City Hall Facility . Staff Report . Citizen Comment . City Council Deliberation/Action Mayor McColgan introduced the hearing procedure format and opened the public hearing at 7:44 p.m. Management Services Director Iwen Wang provided a briefing on the action to be taken by Council, in accordance with state law. There being no citizens wishing to comment or any action required to be taken by the Council, Mayor McColgan closed the public hearing at 7:47 p.m. Federal Way City Council Regular Meeting Minutes November 16, 2004 - Page 5 of 9 VII. CITY COUNCIL BUSINESS a. Planning Commission Appointments MOTION BY MAYOR MCCOLGAN TO APPOINT THE FOLLOWING PERSONS TO THE CITY'S PLANNING COMMISSION: THREE 4-YEAR TERMS EXPIRING SEPTEMBER 30, 2008 - DAVE OSAKI, MERLE PFEIFER AND BILL DRAKE; ONE I-YEAR UNEXPIRED TERM ENDING SEPTEMBER 30,2005 - LAWSON BRONSON; AND ONE ALTERNATE WITH A TERM EXPIRING ON SEPTEMBER 30, 2008 - PAM DUNCAN-PIERCE; SECOND BY DEPUTY MAYOR KOCHMAR. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes b. Ventana Final Plat - Resolution Councilmember Dovey said the SEP A trees are distinct to the project and must be planted prior to approval of the final plat-he wants the applicant to finalize planting of all the required trees before the Council approves the final plat. MOTION BY COUNCILMEMBER DOVEY TO RETURN VENT ANA FINAL PLAT TO THE APPLICANT TO COMPLETE THE CONDITION OF PLANTING THE SEP A TREES-UPON COMPLETION, STAFF WILL VERIFY THE CONDITIONS HAVE BEEN MET AND RETURN THE FINAL PLAT TO THE COUNCIL AS A WHOLE; SECOND BY COUNCILMEMBER PARK. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes VIII. 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. Federal Way City Council Regular Meeting Minutes November 16, 2004 - Page 6 of 9 City Clerk Chris Green read the ordinance title into the record. MOTION BY DEPUTY MAYOR KOCHMAR TO MOVE THE PROPOSED ORDINANCE TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR MEETING ON DECEMBER 7, 2004; SECOND BY COUNCIL- MEMBER DOVEY. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes 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. City Clerk Chris Green read the ordinance title into the record. MOTION BY DEPUTY MAYOR KOCHMAR TO MOVE THE PROPOSED ORDINANCE TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR MEETING ON DECEMBER 7, 2004; SECOND BY COUNCIL- MEMBER FERRELL. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes 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). City Clerk Chris Green read the ordinance title into the record. MOTION BY DEPUTY MAYOR KOCHMAR TO MOVE THE PROPOSED ORDINANCE TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR MEETING ON DECEMBER 7, 2004; SECOND BY COUNCIL- MEMBER FERRELL. The motion passed as follows: Federal Way City Council Regular Meeting Minutes November 16, 2004 - Page 7 of 9 Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes 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 31 RELATING TO PAYMENT OF FEES~DELINQUENT PAYMENT REGARDING BUSINESS REGISTRATION (AMENDING ORDINANCE NO. 91-86). City Clerk Chris Green read the ordinance title into the record. MOTION BY DEPUTY MAYOR KOCHMAR TO MOVE THE PROPOSED ORDINANCE TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR MEETING ON DECEMBER 7, 2004; SECOND BY COUNCIL- MEMBER PARK. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes 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). City Clerk Chris Green read the ordinance title into the record. MOTION BY DEPUTY MAYOR KOCHMAR TO MOVE THE PROPOSED ORDINANCE TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR MEETING ON DECEMBER 7, 2004; SECOND BY COUNCIL- MEMBER PARK. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes Federal Way City Council Regular Meeting Minutes November 16, 2004 - Page 8 of 9 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 Clerk Chris Green read the ordinance title into the record. MOTION BY DEPUTY MAYOR KOCHMAR TO MOVE THE PROPOSED ORDINANCE TO SECOND READING AND ENACTMENT AT THE NEXT REGULAR MEETING ON DECEMBER 7, 2004; SECOND BY COUNCIL- MEMBER PARK. The motion passed as follows: Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes IX. CITY COUNCIL REPORTS Councilmember Faison reported the next meeting of the Finance/Economic Development/ Regional AtIairs Committee will be held on November 23rd, at 5:30 p.m. Councilmember Dovey announced the next meeting of the Land Use/Transportation Committee is scheduled for November 29th, at 5:30 p.m. Councilmember Burbidge reported the next meeting the of Parks/Recreation/Human Services/Public Safety Committee will be held on December 13th, at 5:00 p.m. She also reported on her attendance at the Regional Transit Committee meeting, and the recent City of Des Moines' ribbon cutting for the completion of the new section of Pacific Highway South. She will be attending upcoming meetings of the Puget Sound Regional Council Advisory Committee, the South County Area Transportation Board and the State Transportation Improvement Board. Deputy Mayor Kochmar thanked the Diversity Commission for the recent Community Night-the event was very enjoyable. Councilmember Park received an invitation to attend the HUD Regional 10 information session-Councilmember Burbidge and city staff were also among the invitees. Councilmember Ferrell reported on his appointment to the Jail Advisory Group tor South King County Cities. He attended the recent Lakehaven/City Liaison meeting with Mayor McColgan. Federal Way City Council Regular Meeting Minutes November 16, 2004 - Page 9 of 9 Mayor McColgan thanked the Diversity Commission and the Samoan community for the wonderful Community Night event. He recently attended the King County Mayors' meeting, and will be attending the upcoming SCA annual meeting and A WC Legislative Committee meeting. X. CITY MANAGER REPORT City Manager David Moseley announced the three area annexations were successful during the recent general election. Staff is currently working on informational brochures-they will be mailed out shortly to welcome the newest citizens to our community. The city's goal is to take over the three jurisdictions by January 1, 2005-in any event, no later than February 28, 2005. Mr. Moseley announced the necessity of an executive session for purposes of considering the sale or lease of property pursuant to RCW 42.30.110(1 )(c), and potential litigation pursuant to RCW 42.30.110(1 )(i)-expected time is 45 minutes. XI. EXECUTIVE SESSION b. To Consider Sale or Lease ofProperty/Pursuant to RCW 42.30.110(1 )(c) Potential Litigation/Pursuant to RCW 42.30.110(1 )(i) a. At 8:33 p.m., Mayor McColgan announced the Council would be recessing into Executive Session. Council returned to chambers at 8:55 p.m. XII. ADJOURNMENT Being no additional business to come before the Federal Way City Council, Mayor McColgan adjourned the regular meeting at the hour of 8:55 p.m. N. Christine Green. CMC City Clerk ~7 ITEM" :JZ: ~ MEETING DATE: ~vPIRÞel ttS, 2004 CITY OF FEDERAL WAY City Council AGENDA BILL , SUBJECT: 200S - 2006 Biennial Budget CATEGORY: .~ CONSENT 0 RESOLUTION D CITY COUNCIL BUSINESS BUDGET IMP ACT: IZI ORDINANCE 0 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: 0 APPROVED 0 DENIED 0 T ABLED/DEFERRED/NO ACTION ~ MOVED TO SECOND READ}NG (ord.inances only) ~ 1:2-/7/" 't ~ < COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 3'19 1~//4:/ð ~ K:\FIN\O506BUDGETlO506 BUDGET AGENDA BllL.DOC ORDINANCE NO. DRAft 1//9/6 i AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, ADOPTING THE 2005 - 0 6 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 ( " 2 005 and 2006 Adopted Budgets"). Section 2. Administration. The City Manager shall administer the Biennial Budget and in doing so may authorize 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\OSO6BUDGET\ORDINANCE\OSO6 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 $ 669,429 $ 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 35,268,765 769,428 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 32,703,258 769,428 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 ContracVStudies 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 3,943 723,665 723,665 3,943 735,118 735,118 3,943 Internal Service Funds: Risk Management 4,039,139 990,729 965,729 4,064,139 1,058.D45 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 1,174,007 904,573 2,412,766 1,176,330 948,896 2,640,200 Buildings & Furnishings 108,785 419,335 366,063 162,057 427,927 374,655 215,329 Grand Total All Funds $ 18,883,265 $ 66,696,900 $ 69,086,834 $ 16,493,331 $ 78,964,473 $ 80,252,980 $ 15,204,825 K:IFINIO506BudgeIlNew Programsl0506 detail of changes - council.xls 05_06 Ordinance 1113012004 12:48 PM MEETING DATE: A-~7 ~2004 ITEM# ~ W CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2005 Property Tax Levy CATEGORY: ~ CONSENT D RESOLUTION 0 CITY COUNCIL BUSINESS BUDGET IMPACT: [8] ORDINANCE D PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ .......--...................................................... ...........--.......................................................... .......-..................................................................... ATTACHMENTS: 2005 Property Tax Levy Ordinance ...................................... .................................................... 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. .......-......................... -~ .................................. .......................-................................ CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION ~MOVED TO SECOND READING (ordinances only) ~ /7-/7// '-f Q"E.. <::::::7 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 3s-v / (/ /(¿, / IJ ~ , REVISED - 05/10/2001 ORDINANCE NO. DRAFT /I/r/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 revenue sources and examined all anticipated expenses and other obligations for the 200S/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 revenues expenditures for the biennium;and WHEREAS the City Council, after hearing and duly considering all relevant evidence 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 200S for the purposes of paying expenses and discharge obligations of the city in the amount of Eight Million Two Hundred and Seventy Seven Thousand Dollars ($8,277,000). The levy amount includes (1) an increase in property tax revenue 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 b\fin\O506budget\ordinance\O5 ptytx ord.doc Section 1. 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 2. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 3. Effective Date. This ordinance shall take effect and be in force five (S) days from the time of its final passage, as provided 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 COUNC~: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. , Page 2 k,\fin\O506budget\ordinance\O5 ptytx ord.doc MEETING DATE: fI Ik7 N~OO4 ITEM# ~ Gù CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Admissions Tax Amendment CATEGORY: ¥ CONSENT 0 RESOLUTION 0 CITY COUNCIL BUSINESS BUDGET IMP ACT: 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 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: 0 APPROVED 0 DENIED 0 ..JABLED/DEFERRED/NO ACTION LW"MOVED TO SECOND READING (ordinances only) REVISED - O:2~ J-(7/ ð <{... 9- K:\AGNDITEM\2004\admissions tax amend COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ~~6 II/I ~ Ó '/: DRAFT 11/9(ot(- 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 provide substitute funds as promised; and WHEREAS, the voters of the state have passed tax limiting initiatives which limit the increase in property tax growth rate to the lower of 1 % 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 advisable 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 levy 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 advisable to adopt measures providing increased revenue 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 1, 2005 to January 1, 2007. ORD# , PAGE 1 THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment. The Federal Way City Code Chapter 14, Article IV, Section 153 is amended as follows: 14-153 Person subject to tax - Amount. Effective January 1, 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 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 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 effective 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 provided 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: /~-<:- "7 ~,2004 ITEM# r (¡L) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Business License Amendment CATEGORY: Þ6' CONSENT 1] RESOLUTION D CITY COUNCIL BUSINESS BUDGET IMPACT: 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 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: D APPROVED D DENIED D TABLED/DEFERRED/NO ACTION L.J:J..-MOVED TO SECOND READING (ordinances only) ~- 11-f7/ð'! C2f REVISED - 05/10/2001 K:\AGNDITEM\2004\business license amend COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 3S-à I/J/~/ðtf ¡ -'-, DK- ~ 1I/9!t) {- 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 detennined that the infonnation gathered from the business registration program provides a benefit to the citizens and to the City; and WHEREAS, the business registration program established in 1991 provided for Civil 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. ,PAGEl ORD# (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 every 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 five percent or $5, whichever is higher, on the amount of the registration fee, and an additional penalty of five percent or $5, whichever is higher, for each succeeding month of delinquency or part thereof, but shall not exceed a total penalty of $25 or 250 percent of the amount of such registration fee in any event, whichever is higher. (g) The registration fee levied in this article shall be in addition to any other fees provided for in any other ordinance or provision of this Code, except as otherwise provided. (Ord. No. 91-86, § 1(5), (15), 2-5-91) 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 invalidity of the application thereof to any person or circumstance, shall not ORD# ,PAGE 2 affect the validity of the remainder of the ordinancè, 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: ~7 N~ 2004 ITEM#.:JZ: Cf) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Massage License Amendment CATEGORY: ftJ ~;~~~iION D CITY COUNCIL BUSINESS BUDGET IMPACT: X ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ A TT ACHMENTS: 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: D APPROVED D DENIED D TABLED/DEFERRED/NO ACTION L..B-" MOVED TO SECOND READING (ordinances only) {fvL /;l-/7/¿1'(- ~ REVISED - 05/10/2001 K:\AGNDITEM\2004\massage license amend COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ;?S;-3 . 1(// &-/ tJ <f C'"{' ,j, '. ,,- ORÞ~~ , lI!c,/t 1 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 prevent activities that are detrimental to the public health, safety, morals, and the general welfare of the citizens of the City ofFederalVVay;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 detennined it is in the best interest of the public to revise the Federal Way City Code to unifonnly 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 follovling fees prior to the issuance of their license: Massage Business $15.00 per year ORD# ,PAGEl Massage Manager $15.00 per year Annual Renev,'al Fcc $15.00 per year Applicants seeking a license under this Chapter for massage business and/or massage manager shall submit a completed application fonn as prescribed herein together with a fee as ,provided in the fee schedule kept on file with the Citv 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 seven 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% (Ord. No. 95-229, § 1,3-21-95) 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 invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affinned. ORD# , PAGE 2 Section 4. Effective 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: ~7 ~~ 2004 ITEM# =rz::-~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Bathhouse License Amendment CATEGORY: ~ CONSENT D RESOLUTION D CITY COUNCIL BUSINESS BUDGET IMPACT: 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 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: REVISED - 05/10/2001 K:\AGNDITEM\2004\bathouse license amend COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 3~~ 11/ /'(" IJ cf D APPROVED D DENIED D TABLED/DEFERRED/NO ACTION t.g-MOVED TO SECO. ND READING jordinances only) tfv\- I ~/7It) l-( ~¡,<, "'! ~ ."""". \ ~'~; ¡!~ r \!, n,,!' ',',,"'" "'"( 'l~¡ q ( () Lj' 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 activities defined and regulated hereinafter are detrimental to the public health, safety, morals, and the general welfare of the citizens of the City of Federal Way and, therefore, such activities must be regulated as provided herein; and WHEREAS, regulation of the public bathhouse industry is necessary because in the absence of such regulation significant criminal activity 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: ORD# , PAGE 1 9-615 License fees. (a) Amount of fee. Applicants granted a license under this chapter shall pay to the city the follo'.ving feos 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 Annual Reno'.val Fee $15.00 per year Applicants seeking a license under this Chapter shall submit a completed form as prescribed herein together with a fee as provided in the fee schedule kept on file with the City Clerk. Such fees shall be in addition to general business licenses fees where applicable. (b) Late penalty. A late penalty shall be charged on all applications for renewal of a license received later than seven working days after the expiration date of such license. The amount of such penalty is fixed as follows: Days Past Due Additional Percentage of License Fees 8-30 25% 31 - 60 50% 61 and over 100% Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity ofthe application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. , PAGE 2 ORD# Section 3. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force five days from its passage, approval and publication, as provided by law. PASSED by the City Council of the City of Federal Way this - day of 2004. CITY OF FEDERAL WAY MAYOR, DEAN McCOLGAN ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTNE DATE: ORDINANCE NO. K:\ORDIN\2004\bathhouse license fee amend ORD# , PAGE 3 .....~.~.!.!NÇ..~A.I~.~.....~~.~.~~Þ..~!..?t.~9Q.~.........................................................................!!~M~$ (;A) .......................................................... CITY OF FEDERAL WAY City Council AGENDA ITEM .....~ Y..~. ç.I.~.... ~ ~ ~~.~ ~.!~c:>.I!... ~~~ P ~i!l.8.. ~ .9.9.?. ¥~~..ê. ~.h ~~ ~J~.. ~ ~. E ~p ~. ~~.Ì? g.. p !~ y"ig.~.~...~~. ~g.! ~!~ ~ I!... N. '? :... Q ~.::4.9.~.: ......... ............................... CATEGORY: L CONSENT X RESOLUTION COUNCIL BUSINESS BUDGET IMPACT: ORDINANCE Amount Budgeted: $ PUBLIC HEARING Expenditure Amt: $ OTHER Contingency Reqd: $ ............................................................................................................................................................................................................................................................................................................................................................................ ATTACHMENTS: Resolution and 2005 Fee Schedule ................................................................................................................................................................................................................................................................................................................................."""""""""""""""""""""'. SUMMARY /BACKGROUND: To implement the annual inflationary adjustment for all development fees including building, zoning, land use, public works pennit, inspection, and other development related services as provided by Resolution 98-281 and amended thereafter by resolution number 03-406; to implement various fee increases and new fees per 2005/06 budget deliberations; and to implement 2005 School Impact Fee pursuant to the Federal Way School District's 2004/05 Capital Facilities Plan as approved by Council at its September 7, 2004 regular meeting. ............................................................................................................................................................................................................................................................................................................................................................................ CITY COUNCIL COMMITTEE RECOMMENDATION: N/A. ............................................................................................................................................................................................................................................................................................................................................................................ PROPOSED MOTION: "I move the approval of proposed resolution and fee scheduled for adoption." ~~~~¡~¡~~~~~~;...~.._...._-_._.. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED T ABLED/DEFERREDINO ACTION - MOVED TO SECOND READING (ordinance only) COUNCIL BILL # 1ST READING ENACTMENT READING ORDINANCE # RESOLUTION # RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING A FEE SCHEDULE FOR 2005 AND REPEALING THE FEE SCHEDULE ADOPTED IN RESOLUTION NO. 03-406 FOR 2004. WHEREAS, the City is authorized under RCW 35A.11.020, 35A.63.100(2), and RCW 19.27.040 to require licenses for the conduct of business, pennits for the construction of structures and improvements, and to impose fees to recoup the costs of processing and/or providing services; and WHEREAS, the Federal Way City Code establishes the basis for the assessment and/or collection of such license, pennit fees, and service charges; and Whereas, the Federal Way School District has presented and the City has previously approved the District's 200412005 Capital Facilities Plan, establishing the School Impact fee for 2005; and WHEREAS, the City Council deemed it is advisable and necessary to provide gradual annual increases in Land Use, Mechanical, Plumbing, Public Works, Electrical, and Building pennits and established the mid':'year Consumer Price Index for All Clerical Workers (CPI-W) for the Seattle-Everett-Bremerton area as the basis for such adjustments in Resolution No. 98-281,01-351, and 02-377, and 03-406. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Repealer. The Fee Schedule attached as Exhibit A to City of Federal Way Resolution No. 03-406, is hereby repealed. Res. No. 01-_, Page 1 DRAFT 11/"3 oj tJ Ý Section 2. Fee Schedule. The City of Federal Way hereby adopts the 2005 Fee Schedule as attached hereto, identified as Exhibit A and hereby incorporated in full by this reference, for the various licenses, permits processes, and other business activities of the City. Section 3. Annual Inflationary Fee Adjustment. Unless otherwise specified, all development services and permit fees under the Land Use, Mechanical Code, Plumbing Permit, Public Works, Electrical Code and Uniform Building Code, shall continue be adjusted automatically each year thereafter in according to the percentage of inflation measured by the mid-year CPI- W for the Seattle-Everett-Bremerton area. 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. Effective Date. The fee schedule adopted by this resolution shall be effective January I, 2005. Any act consistent with the authority and prior to the effective date ofthe resolution is hereby ratified and affirmed. Section 6. Savings Clause. Resolution No. 03-406 a portion of which is repealed by this resolution, shall remain in full force and effect until the effective date of this Resolution, and shall remain in full force and effect in the event this resolution is invalidated in its entirety. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of , 2004. CITY OF FEDERAL WAY MAYOR, DEAN MCCOLGAN Res. No. 01-_, Page 2 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:\fin\O506budgetlappendix\2005 feesch reso.doc Res. No. 01-_, Page 3 CITY OF FEDERAL WAY 2005 FEE SCHEDULE 2004 2004 2005 2005 2005 TYPE OF FEE A Base Fee Adj Base Fee 1.30% Pursuant to King County Fee Schedule SECTION ONE. ANIMAL LICENSES. SECTION TWO. ADULT ENTERTAINMENT. Operator License (in addition to business license)* ............................. .................... $500 """"""""""""""""""" Manager or Entertainer License ................................................................. ............ $50 ........... ............... ..... ....... . If the original application for license is made subsequent to June 3D, the license fee for the remainder of that year shall be one-half of the annual license fee. Late Penalty: A late penalty shall be charged on all applications for renewal of a license received later than seven (7) days after the expiration date (being December 31 of each year) of such license. The amount of penalty is calculated as a percentage of the license: 8 - 30 days past due """""""""""""""""""'..........................................."..... 25% ...................................... 31 - 60 days past due........................................................................................ 50% ...................................... 61 and over days past due.................................................................................. 100% """"""""""""""""""" $525 $75 25% 50% 100% SECTION THREE. BUSINESS REGISTRATION. Gambling: Business Establishments Authorized by the State Gambling Commission to Operate Social Card Games and/or expanded card room activities: New Business, Expansion, or Change of Ownership ................................................ Renewal ......................................................................................................... Restaurants & Taverns: Restaurants per RCW 66.24.400 and Taverns per RCW 66.24.330 authorized to sell spirits, beer, and wine or beer and wine only, by the drink for on.premises consumption with less than 50% in dedicated dining areas: New Business, Expansion, or Change of Ownership................................................ Renewal ............,.........................................""""""""""""""""""""""""'" General Business LIcense: New Business, all categories unless otherwise identified herein ................................. Business RenewaL........................................................................................... Duplicate Registration (replacement).................................................................... Adult Entertainment Establishments: New Business, Expansion, or Change of Ownership.........................._..................... Renewal """""""""""""""""""""""""""""""""""""""""""""""""""'" $50 $25 $15 ...................................... """"""""""""""""""" ...................................... $75 $50 $15 $525 $125 $525 $50 $525 $125 Late Penalty: Failure to pay any registration fee due within thirty (30) days after the day it is due shall result in a penalty of 5% on the amount of the registration fee but not less than $5. and an additional penalty of 5% or $5 whichever is higher for each succeeding month of delinquency or part thereof, not to exceed 25% of the r1~stration fee or $25 dollars. l-i:(tIIU.]~.;I:.l'I:_:I!""'1 ~""~':~i~¡; I False Alarm Fee 4th and 5th false alarms in a registration year (July 1 - June 30), each al..................... 6th and successive false alarms in a registration year (July 1. June 30),..................... $500 $100 ...................................... ...................................... Registration Fee............................ ..................... Late Registration Fee Penalty............................................................................. Late False Alarm Payment Penalty...................................................................... Appeal Hearing Cancellation Fee......................................................................... $500 $25 ...................................... ...................................... $500 $100 """"""""""""""""""" """"""""""""""""""" $50 $100 ..................................... . ...................................... $15 $50 $25 $10 ...................................... ...................................... ...................................... ...................................... $50 $100 $25 $50 $25 $10 EXHIBIT "A" SECTION FIVE. FIRE CODE.ANNUAL PERMITS. Initial App!. Renewal Initial App!. Renewal Carnivals or Fairs: 1-10 Booths/Displays..........................................""""""""""""""""""""""" 11-20 Booths/Displays.........................................................................,............. 20 + BoothslDisplays........................................................................................ Compressed gases ..................................................................... $100.00 Cryogens .................................................................................. $200.00 Fire Hydrants and Water Control Valves................................................................ Flammable or Combustible Liquids: Install, Remove, Abandon - Residential Tank......................................................... Hazardous materials.................................................................... $200.00 Mall covered - Annual Fee ................................................................................. Open Burning................................................""""""""""""""""""""""""" Parade floats.................................................""""""""""""""""""""""""" Places of Assembly: Occupant Load 50 - 299 persons.................................................... Occupant Load 300 - 999 persons.................................................. Occupant Load 1,000 or more persons............................................ $120.00 $150.00 $180.00 Places of Assembly: 50-299 & Candles/Open Flame - RenewaL...................................... 300 - 999 & Candles/Open Flame - RenewaL................................... 1000+ & Candles/Open Flame - RenewaL....................................... $210.00 $240.00 $270.00 Repair Garage & Flammable/CombustibJe.Uquids.&.HatWork.-.JnitiaL---_---_..................... Repair Garage & Flammable/CombustibJe.Uquids.&.HotWDrk~.Rene.I6IaI.......................... Repair Garage & Hot Work - InitiaL.... ...........,........................................................... Repair Garage & Hot Work - Renewal.._......----....----..----..-------...m-..m.-....................... Repair Garage & Flammable/CombustibJe.Uqujds.&.LP..G.~.lJJitiaL_------............................ Repair Garage & Flammable/CombustibJe.Uqujds.&.LP..G.~.RenewaJ................................. Repair Garage & Flammable/CombustibJe.Uqujds.&.HotWDrk~.JnitiaLn._---_..................... Repair Garage & Flammable/CombustibJe.Uquids.&.HatWork~.Rene.I6IaL....................... Repair Garage & Spraying/Dipping & HatWork.-.JnitiaLm._n.-...---_n..-------...................... Repair Garage & Spraying/Dipping & HatWork.-.Rene.lo\Ial.....m...---........---..................... Repair Garage & Flammable/CombustibJe.Uqujds.&.LP..G.&.HalWack...loitiaJ..................... Repair Garage & Flammable/CombustibJe.Uqujds.&.LP..G.&.HalWack...Rene..................... Repair Garage & Flammable/CombustibJe.Uqujds.&.Spra~lingl.Dipping.&Hot........."""""'" Repair Garage & Flammable/CombustibJe.Uqujds.&.Spr.a¥ingl.Dipping.&Hot...................... All Other Permits (See Uniform Fire Code.Secüoo.105.8).-.JnitiaL_.____--------_..................... All Other Permits (See Uniform Fire Code.Secüoo.105.8).-.Rene.wal................................. $100.00 $150.00 $200.00 $50.00 $132.00 No Charge $35.00 $132.00 $1,000.00 No Charge $100.00 $80.00 $100.00 $120.00 $140.00 $160.00 $180.00 $210.00 $140.00 $210.00 $140.00 $300.00 $200.00 $300.00 $200.00 $300.00 $200.00 $390.00 $260.00 $390.00 $260.00 $120.00 $80.00 ...................................... """"""""""""""""""" """"""""""""""""""" $100.00 $200.00 ...................................... """"""""""""""""""" $200.00 ...................................... ...................................... ...................................... $120.00 $150.00 $180.00 $210.00 $240.00 $270.00 ...................................... ...................................... ...................................... ...................................... """"""""""""""""""" ...................................... ...................................... ...................................... ...................................... ...................................... ...................................... ...................................... """"""""""""""""""" ...................................... ...................................... Additional inspections required to secure. compliance. (min..1/2.hr.)___-----_.__..................... Note: Fire Department Annual Permit Fee entitles applicant to an initial inspection and one follow-up inspection. ...................................... Fire Department Review and Inspection of Building Permits ......_15.x.Buildjn..................... $47.00/hour """"""""""""""""""" 15% of Building Building Pen..................... Permit Fee, min. $47 $100.00 $150.00 $200.00 $50.00 $132.00 No Charge $35.00 $132.00 $1,000.00 No Charge $100.00 $80.00 $100.00 $120.00 $140.00 $160.00 $180.00 $210.00 $140.00 $210.00 $140.00 $300.00 $200.00 $300.00 $200.00 $300.00 $200.00 $390.00 $260.00 $390.00 $260.00 $120.00 $80.00 $47.00Ihour 15% of Building Permit Fee, min. $47 Fire Prevention System Permits Permit Fee (based on valuation).........................................................................Per UBC Table 1-A Per UBC Table 1-A Plan Review Fee ............................................................................................. 65% of FPS ...................................... 65% of FPS Permit Fee Permit Fee Note: City retains $20.00 of total fee for processing SECTION SIX. FIREWORKS. $100 Public Display Permit (together with $10D.OD.cashbood)....................m......................... 2 $100 ...................................... EXHIBIT "A" SECTION SEVEN. LAND USE. A. In addition to the schedule, a fire district administrative fee in an amount equal to 5% of the land use fee imposed shall be charged and collected by the City and paid to the fire district. Director's Approval; interpretation (Process 1) Other minor site review at hourly rate....................................... ..................... Site Plan Review (Process 2) Base Land Use Fee, Plus:................ ..................... Plus Fire Review at .5%..................................................... ..................... Plus Public Works Review................................................. over 25,000 sq. ft............................................................. ..................... over 50,000 sq. ft............................................................. ..........,.......... over 100,000 sq. ft............................................................ ..................... Land Surface Modification, ....................................................... ..................... Plus Per Acre................................................................... ..................... Plus Public Works Review................................................. """""""""'" Preliminary Plat, ..................................................................... ..................... Plus Per Acre................................................................... """""""""'" Plus Fire Review@ 5%...................................................... .."................. Plus Public Works Review................................................. ..................... Final Plat.............................................................................. ..................... Plus Public Works Review................................................. """""""""'" Boundary Line Adjustment ....................................................... ..................... Plus Fire Review @ .5%..................................................... ..................... Plus Public Works Review................................................. ..................... Boundary Line Elimination (lot line elimination - LlE)...................... ..................... Binding Site Plan..................................................................... ..................... Plus Fire Review@ 5%...................................................... ..................... Plus Public Works Review................................................. ..................... Short Subdivision ................................................................... ..................... Plus Fire Review Fee @ 5%................................................ ..................... Plus Public Works Review................................................. ..................... Shoreline Permit, Plus:............................................................. ..................... over $15,000 value............................................................. """""""""'" over $50,000 value............................................................. ..................... over $100,000 value........................................................... ..................... over $500,000 value........................................................... ..................... over $1,000,000 value......................................................... """""""""'" Plus Public Works Review................................................... ..................... Shoreline Conditional Use Permit (CUP)...................................... ..................... Plus Public Works Review................................................... ..................... Shoreline (Exempt Determination).............................................. ..................... Shoreline Variance.................................................................. ..................... Plus Public Works Review................................................... ..................... Process I-Applications............................................................ ..................... for radio tower and antenna structures for use by amateur radio oper ..................... Federal Way City Code Section 22-1047 (3) Zoning Fees New single family...................................................................................... Zoning inquiries..................................................................................,..... Project Approval (Use Process 3)............................................... ..................... Plus Fire Review Fee @ 5%................................................ ..................... over 25,000 sq. ft............................................................. ..................... over 50,000 sq. ft............................................................. ..................... over 100,000 sq. fL......................................................... ..................... Plus PW Review............................................................... ..................... 3 $58.50 1.30% ..................... $59.00 $920.50 1.30% ..................... $932.50 $46.00 1.30% ..................... $46.50 $778.50 1.30% $788.50 $293.00 1.30% ..................... $297.00 $512.50 1.30% ..................... $519.00 $733.00 1.30% ..................... $742.50 $1,194.00 1.30% """""""""'" $1,209.50 $13.00 1.30% """""""""'" $13.00 $548.00 1.30% ..................... $555.00 $3,380.00 1.30% ..................... $3,424.00 $67.50 1.30% """""""""'" $68.50 $307.50 1.30% """""""""'" $311.50 $2,771.00 1.30% """""""""'" $2,807.00 $1,428.00 1.30% """""""""'" $1,446.50 $1,047.00 1.30% ..................... $1,061.00 $750.00 1.30% ..................... $759.50 $57.00 1.30% ..................... $58.00 $407.00 1.30% ..................... $412.00 $146.50 1.30% ..................... $148.50 $1,139.00 1.30% ..................... $1,154.00 $93.00 ...................................... $94.00 $720.00 1.30% ..................... $729.00 $1,139.00 1.30% ..................... $1,154.00 $93.00 ...................................... $94.00 $720.00 1.30% ..................... $729.00 $1,307.00 1.30% ..................... $1,324.00 $586.50 1.30% ..................... $594.00 $1,757.50 1.30% ..................... $1,780.50 $3,222.00 1.30% ..................... $3,264.00 $6,444.50 1.30% ..................... $6,528.00 $9,665.00 1.30% ..................... $9,791.00 $772.50 1.30% ..................... $782.50 $3,104.00 1.30% ..................... $3,144.00 $1,874.50 1.30% ..................... $1,898.50 $72.50 1.30% ..................... $73.50 $2,239.00 1.30% ..................... $2,268.00 $1,056.00 1.30% ..................... $1,070.00 $146.50 1.30% """""""""'" $148.50 $6.50 1.30% ..................... $6.50 $0.00 $0.00 ...................................... $50.00 $50.00 ...................................... $1,085.50 $54.50 $293.00 $512.50 $731.50 $774.50 1.30% ..................... $1,100.00 $55.00 $297.00 $519.00 $741.00 $784.50 ..................................... . 1.30% 1.30% 1.30% 1.30% ..................... ..................... .................... . ..................... EXHIBIT "A" Hearing Examiner Approval (Process 4)...................................... ..................... Plus Fire Review Fee @ 5%................................................ ..................... Plus PW Review............................................................... ..................... Residential Variances............................................................. ..................... Plus Fire Review Fee @ 5%................................................ ..................... SEPA Environmental Checklist Only........................................... ..................... Plus Fire Review Fee @ 5%................................................ ..................... Plus Public Works Review................................................. ..................... SEPA Checklist as Part of Project.............................................. .........."......... Plus Fire Review Fee @ 5%................................................ ..................... Plus Public Works Review................................................. ..................... SEPAAppeals ....................................................................... ..................... Appeal of Administrative Decision *............................................ ..................... Appeal of Hearing Examiner Decision *....................................... ..................... Comprehensive Plan Amendments............................................. ..................... Plus Per Acre............................................... .................... ..................... Quasi-Judicial Rezones (Process 5) to RS Zone............................................................................ ..................... Plus .Per Acre.................................................................. ..................... Max..................................................................................................... to RM Zone............................................................................ ..................... Plus Per Acre............................................... .................... ..........,.......... Max..................................................................................................... to Commercial/Industrial Zone.................................................... ..................... Plus Per Acre................................................................... ..................... Max................................................................................................,.... Public Notice Fee (for use process 3 - 6 & SEPA decisions) .......... ...........,......... Pre-Application Meeting............................................................ ..................... Signs, First Sign....................................................................... ..................... Each Additional Sign/Same Application................................. ..................... Temporary Signs...................................................................... ..................... In-Home Day Care Facilities: 12 or fewer attendees (Process I)............................................ ..................... Home Occupation (Review Required): Standard Pennit.................................................................. ..................... Planning Commission...............;........................................... ..................... Accessory Dwelling Units.......................................................... ..................... $1.960.00 1.30% ..................... $1.985.50 $98.00 $99.50 $1,057.00 1.30% ..................... $1,071.00 $731.50 1.30% ..................... $741.00 $36.50 $37.00 $887.00 1.30% ..................... $898.50 $66.00 $67.00 $431.00 1.30% ..................... $436.50 $443.50 1.30% ..................... $449.00 $33.00 $33.50 $215.50 1.30% ..................... $218.00 $102.50 1.30% ..................... $104.00 $146.50 1.30% ..................... $148.50 $146.50 1.30% $148.50 $731.50 1.30% ..................... $741.00 $72.50 1.30% ..................... $73.50 $659.00 1.30% ..................... $667.50 $366.00 1.30% ..................... $370.50 $16,109.50 1.30% ..................... $16,319.00 $952.00 1.30% ..................... $964.50 $1,171.50 1.30% ..................... $1,186.50 $25,483.00 1.30% ..................... $25,814.50 $1,318.00 1.30% ..................... $1,335.00 $1,757.50 1.30% ..................... $1,780.50 $27,094.00 1.30% ..................... $27,446.50 $125.00 1.30% ..................... $125.00 $389.00 1.30% ..................... $394.00 $36.50 1.30% ..................... $37.00 $14.50 1.30% ..................... $14.50 $36.50 1.30% ..................... $37.00 $36.50 1.30% ..................... $37.00 $36.50 1.30% ..................... $37.00 $72.50 1.30% ..................... $73.50 $146.50 1.30% ..................... $148.50 * Appeal Fee shall be reimbursed in the event the reviewing authority detennines that the appellant has substantially prevailed in the appeal action. Note: Additional fees will be required to pay for any time spent on Land Use Applications by the Department of Public Works above the number of hours covered by the base amount allocated to Public Works for each application. B. REFUNDS OF LAND USE FEES. The Filing Fees as set forth in the Fee Schedule for the City are established to defray the cost of posting and processing and the proceedings in connection with a land use application. The Building & Zoning Director may authorize the refunding of not more than 80% of the total application fees paid provided the applicant presents a written request to withdraw or cancel prior to routing of the application for staff review. 4 EXHIBIT "A" SECTION EIGHT. MECHANICAL CODE. A. Permit Issuance Mechanical pemit fees are based on installation valuation. Way Fee Schedule. B. Plan Review Fees Plan review fees, when charged, are equal to 25% of the total mechanical fee as calculated above. C. Other Inspection Fees 1. Inspections outside of normal business hours, Per Hour, minimum 1 ..................... 2. Reinspection fees assessed under provisions of UBC See 116......... ..................... 3. Additional plan review required by changes, additions or revisions to ..................... which an initial review has been completed (minimum 1/2 hour) $61.00 1.30% ..................... $62.00 $61.00 1.30% ..................... $62.00 $61.00 1.30% ..................... $62.00 Over the Counter PermIt .................................................................. ..................... SECTION NINE. MISCELLANEOUS. $50.00 $29.00 """"""""""""""""""" Miscellaneous Permits (Land Use, Public Works & Building Permit Services): Any public work, land use, building permits not covered by the fee schedule, if performed by employee, is based on actual hourly cost, plus benefits of 30%, plus overhead of 25%. Any private or public professional service contract needed will be billed 100%, plus 10% billing and administrative charges. Maps, Plats, Miscellaneous.................................................................................... PhotocopIes, Per Page................... ..................... Rolled Plan Copies, Per Sheet................................................................................ $5 D size/ $7 E ...................................... $5 D size/ $7 E size GIS Map and Data Requests *: 81/2 by 11 - Paper - Color................................................................................. $4.00 81/2 by 11 - Paper- Black & White...................................................................... $3.00 81/2 by 11 - Mylar - Color.................................................................................. $5.00 81/2 by 11 - Mylar- Black & White...................................................................... $4.00 11 by 17. Paper-Color................................................................... .................. $5.00 11 by 17-Paper-Black&White........................................................... .............. $4.00 11 by 17 - Mylar- .Color..................................................................................... $6.00 11 by 17. Mylar- Black & White.......................................................................... $5.00 Up to 34 by 44 - Paper - Color............................................................................. $10.00 Up to 34 by 44 - Paper - Black & White................................................................. $7.00 Up to 34 by 44 - Mylar - Color.............................................................................. $37.00 Up to 34 by 44 - Mylar. Black & White.................................................................. $31.00 3Y> Floppy Disk or CD ROM (perdisklCD)............................................................. $1.50 * Maps that require extensive processing time or require additional ink and plotting supplies will be charged at a higher rate. Applicable sales tax will be added to the costs Staff Time to Complete Request, Per Hour............................................................ Computer Usage, Per Hour........................................................... ..................... Note: Staff time and computer usage will only be charged on requests for custom products. Audio Tape Duplication, Per Cassette..._....-........-.........................--..-...................... Video Tape Duplication, Per Tape ....------.-.......-.-.......-............-----------...................... Clerk's Certification.......... ....................-.....................-.............--.----...................... Notary Public Attestation or Acknowle.dgmenlor.as.otheJ:Wise................................... provided for in RCW 42.44.120, per signature Facsimile Usage (incomingtoutgoing).151 P.age.____------_..................... each additional page..............---.--.-------....--...............-------.-...-.-..................... Bound Printed Documents.........................._..........._......_....................................... Cost + 10% $0.15 size $10.00 $25.00 $5.00 $5.00 $3.00 $1.00 Actual Cost $35.00 $15.00 ...................................... ...................................... ...................................... ...................................... ...................................... ...................................... ...................................... .........,............................ ...................................... ...................................... """"""""""""""""""" """"""""""""""""""" """"""""""""""""""" """"""""""""""""""" """"""""""""""""""" ...................................... """""""""""""'.."....... """"""""""""""""""" ...................................... """"""....."................... ...................................... ...................................... ...................................... ...................................... Digitizing Fee for Single Family (Plans not submitted in digitized form)....................................................................................... Digitizing Fee for Commerical (Plans not submitted in digitized form).......................................................................................... Automation fee (Applies to all Land use.andDeveJopmentpermits)............................ 5 $0.00 ...................................... Cost + 10% $0.15 $10.00 $25.00 $5.00 $5.00 $3.00 $1.00 Actual Cost $4.00 $3.00 $5.00 $4.00 $5.00 $4.00 $6.00 $5.00 $10.00 $7.00 $37.00 $31.00 $1.50 $35.00 $15.00 $35.00 $105.00 $5.00 EXHIBIT "A" SECTION TEN. PAWNBROKER. Pawnbroker License... ........................................................................................... Secondhand Dealer License................................................................................... Late Penalty: A late penalty shall be charged on all applications for renewal of a license received later than seven (7) days after the expiration date (being December 31 of each year) of such license. The amount of penalty is calculated as a percentage of the license: 8-30dayspastdue................................................................................... 25% ...................................... 31 - 60 days past due.................................................................................. 50% ...................................... 61 and over days past due........................................................................... 100% ...................................... $300.00 $24.00 ...................................... """"""""""""""""""" $325.00 $50.00 25% 50% 100% A. Permit Issuance. each permit {when not part of a building permit: ..................... SECTION ELEVEN. PLUMBING PERMIT. $26.50 7. For each lawn sprinkler system or anyone meter including backflow ..................... devices therefore. 8. For vacuum breakers or backflow protective devices on tanks, vats, etc, or for installation on unprotected plumbing fixtures including necessary water piping: one {1)tofive {5),each......................................................... ..................... over five (5), each................................................................ """""""""'" B. Additional Fee: 1. For each plumbing fixture of trap or set of fixtures on one trap (incluc .... ......... """" drainage) piping and backflow protection therefore. 2. Rainwater systems - per drain {inside building)............................. ..................... 3. For each water heater and/orvent.............................................. ..................... 4. For each industrial waste pretreatment interceptor, including its trap ..................... excepting interceptors functioning as fixture traps. 5. For installation, alteration or repair of water piping and/or water treatil..................... 6. ..For repair or alteration of drainage orient piping.......................... ..................... $26.50 1.30% ..................... $9.00 1.30% ..................... $9.00 1.30% """""""""'" $9.00 1.30% """""""""'" $9.00 1.30% ..................... $9.00 1.30% ..................... $9.00 1.30% ..................... $9.00 1.30% """""""""'" $9.00 $9.00 $9.00 $9.00 $9.00 $9.00 $9.00 $6.50 $4.00 C. Penalty Fees: Any person who shall commence any work for which a permit is required by this Code without first having obtained a permit shall pay double the permit fee fixed by this section for such work. Such double permit fee shall be in additional to any penalty for a violation of the provisions of this Code. $6.50 $4.00 1.30% 1.30% ..................... ..................... D. Administrative Note: For the purpose of this section, a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached shall be construed to be a fixture. Fees for reconnection and retest of existing plumbing systems in relocated buildings shall be based on the number of plumbing fixtures involved SECTION TWELVE. PUBLIC DANCE AND DANCE HALL. Annualfee....................................................................................................... Annual fee after July 1 ...................................................................................... Per Event or Limited Permit, per day..................................................."""""""'" Renewal late charge fee.................................................................................... Processing fee for applications received less than 30 days from the eveJ......... .......... .. Litter control security deposit - cash or bond.......................................................... Appeal fee...................................................""""""""""""""""""""""""'" $150 $75 $25 $50 $50 $1,000 $50 ...................................... ...................................... .......,.............................. """"""""""""""""""" """"""""""""""""""" """"""""""""""""""" ...................................... $175 $100 $50 $75 $75 $1,000 $75 SECTION THIRTEEN. PUBLIC WORKS. A. Building Moving and OversizelOverwelght vehicle Permit. 1. Building moving through City """"""""""""""""""""""""'" ..................... 2. Building moving into or within City............................................. ..................... Pre-move inspection, the higher of actual cost or ........................ ..................... 3. Oversize/overweight vehicle permit.......................................... ..................... B. Street and/or Easement Vacation Application 1-300 lineal feet..................................................""""""""""'" ..................... every100 lineal feet thereafter, per 100 LF....................................... ..................... 6 $72.50 1.30% ..................... $73.50 $72.50 1.30% ..................... $73.50 $172.50 1.30% ..................... $175.00 $72.50 1.30% """""""""'" $73.50 $708.50 1.30% ..................... $717.50 $72.50 1.30% """""""""'" $73.50 EXHIBIT "A" C. Right-of-Way Use Permit, includes 1 inspection 1. Individual single family homeowner applications............................ """""""""'" 2. All other applications................................................................ ..................... 3. Supplement plan review fee for any and all pennits, per hour........... ..................... 4. Supplement construction inspection for any and all permits, per hour. ..................... D. Right-of-Way Code Variance Request, plus recording fee *............. ........"........... E. Development Review Fee. 1. Single Family........................................................................ """""""""'" 2. Short Subdivisions Construction Plans (Up to 8 hours of """""""""'" review time) a. Supplemental plan review/construction service fee, per hour ..................... b. Construction Inspection Fee, per hour................................... ..................... 3. Subdivisions and Commercial/Industrial Developments................. ..................... Construction Plans (up to 12 hours of review time) a. Supplemental plan review/construction service fee, per hour ..................... b. Construction Inspection Fee, per hour................................... ..................... F. Miscellaneous Public Works Permits and Services (Same fee struc:¡ture under Section Nine/Miscellaneous Fees) $161.00 1.30% """""""""'" $163.00 $223.00 1.30% ..................... $226.00 $58.50 1.30% ..................... $59.00 $52.00 1.30% ..................... $52.50 $72.50 1.30% ..................... $73.50 $58.50 1.30% ..................... $59.00 $467.00 1.30% ..................... $473.00 $58.50 1.30% """""""""'" $59.00 $52.00 1.30% ..................... $52.50 $700.50 1.30% """""""""'" $709.50 $58.50 1.30% """""""""'" $59.00 $52.00 1.30% ..................... $52.50 * Recording Fee per chapter 36.198.010 RCW and as amended and K.C. Code 1.12.120 and as amended Right of Way Activity Pennit Fee.......................................................... """""""""'" SECTION FOURTEEN RIGHT-OF-WAY ACTIVITY. ..................... $37.00 $36.50 1.30% Pursuant to King County Fee Schedule SECTION FIFTEEN. TAXICABS. SECTION SIXTEEN. MASSAGEIPUBLIC BATHHOUSE BUSINESSES. MASSAGE BUSINESSES: 1. Massage Business (in addition to a business license)......................................... &-Massage PraGtitìener.................................................................................... 3. Message Manager........................................................................................ 4. Late Penalty: A late penalty shall be charged on all applications for renewal of a license received later than seven (7) days after the expiration date (being December 31 of each year) of such license. The amount of penalty is calculated as a percentage of the license: 8 - 30 days past due .................................................,................................. 25% ...................................... 31 - 60 days past due.................................................................................. 50% """"""""""""""""""" 61 and over days past due........................................................................... 100% ...................................... Proration: The entire annual license fee shall be paid for the applicable calendar year regardlftss of when the application for license is made and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be required to be obtained and paid in full by January 31 of each respective year. PUBLIC BATHHOUSE BUSINESSES: 1. Public Bathhouse Business (in addition to business license)................................. 2. Bathhouse Attendant................................................................................,... 3. Bathhouse Manager..................................................""""""".""""""""""" 4. Late Penalty: A late penalty shall be charged on all applications for renewal of a license received later than seven (7) days after the expiration date (being December 31 of each year) of such license. The amount of penalty is calculated as a percentage of the license: 8-30dayspastdue................................................................................... 25% ...................................... 31 - 60 days past due.................................................................................. 50% ...................................... 61 and over days .past due.......................................................................... 100% ...................................... Proration: The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 3D, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be required to be obtained and paid in full by January 31 of each respective year. 7 $15.00 $~ $15.00 """"""""""""""""""" $75.00 þo addiontionallicen¡;e required ...................................... $75.00 25% 50% 100% $15.00 $15.00 $15.00 """"""""""""""""""" $75.00 $75.00 $75.00 ...................................... """"""""""""""""""" 25% 50% 100% EXHIBIT "A" SECTION SEVENTEEN. ELECTRICAL CODE. 0.2 New Residential Services Single Family - First 1300 sq ft """""""""""""""""""""""""'" """""""""'" Each additional 500 sq ft.............................................................. """""""""'" Each outbuilding or garage (inspected with service)........................... ..................... Each outbuilding or garage (inspected separately)............................. ..................... New Multi-Family (Includes three units or more) Up to 200 amp, Service............................................................... ..................... Feeder........................................................... ..................... 201-400 amp, Service.................................................................. ..................... Feeder........................................................... ..................... 401-600 amp, Service.................................................................. ..................... Feeder.................................................""""" ..................... 601-800 amp, Service.................................................................. ..................... Feeder................................................""""'" """""""""'" Over 800 amp, Service................................................................ ..................... Feeder........................................................... """""""""'" $87.00 $28.00 $36.50 $58.00 $94.50 $28.00 $117.50 $58.00 $161.00 $80.00 $206.00 $110.00 $294.50 $220.50 Altered Single/Multi Family (When inspected separately from the service). Service or Feeder 0 to 200 amp............................................................................. ..................... $72.50 .201-600amp............................................................................ """""""""'" $117.50 Over 600 amp............................................................................ ..................... $177.00 Mast or meter repair.................................................................... ..................... $43.50 Circuits,1st4 ........................................................................... ..................... $58.00 Circuits, Each Additional over4..................................................... ..................... $6.00 Mobile Homes Service or Feeder Only................................................................ ..................... Service and Feeder..................................................................... ..................... Mobile Home/RV Park 1st Service or Feeder """""""""""""""""""""""""""""""'" ..................... Each Additional Service or Feeder................................................. ..................... Commercial/Industrial 0-100 amps, 1st Service or Feeder................................................. ..................... Each Additional Service or Feeder.......................... """""""""'" 101-200 amps, 1st Service or Feeder............................................. ..................... Each Additional Service or Feeder.......................... ..................... 201-400 amps, 1st Service or Feeder............................................. ..................... Each Additional Service or Feeder.......................... ..................... 401-600 amps, 1st Service or Feeder............................................. ..................... Each Additional Service or Feeder.......................... ..................... 601-800 amps, 1st Service or Feeder............................................. ..................... Each Additional Service or Feeder.......................... ..................... 801-1000 amps, 1st Service or Feeder............................................ """""""""'" Each Additional Service or Feeder.......................... ..................... Over 1000 amps, 1st Service or Feeder.......................................... ..................... Each Additional Service or Feeder.......................... ..................... Over 600 volts surcharge............................................................. ..................... Mast or meter repair.......................................................... .......... """""""""'" Commercialllndustrial - Altered Service/Feeders . 0-200 amps, each Service or Feeder.............................................. ..................... 201-600 amps, each Service or Feeder........................................... ..................... 601-1000 amps, each Service or Feeder......................................... ..................... Over 1000 amps, each Service or Feeder........................................ ..................... Circuits, 1-5 Circuits.................................................................... ..................... Each Additional....................................................... ..................... 8 $58.00 $94.50 $58.00 $37.50 $94.50 $58.00 $117.50 $74.00 $220.50 $87.00 $256.50 $103.00 $332.00 $140.50 $405.50 $169.50 $442.00 $236.00 $74.00 $80.00 $94.50 $220.50 $332.00 $369.50 $74.00 $6.00 20.00% """""""""'" 20.00% """'.""."""" 20.00% ..................... 20.00% ..,.................. $104.50 $33.50 $44.00 $69.50 20.00% ..................... $113.50 20.00% ..................... $33.50 20.00% ..................... $141.00 20.00% ..................... $69.50 20.00% ..................... $193.00 20.00% ..................... $96.00 20.00% """""""""'" $247.00 20.00% ..................... $132.00 20.00% """""""""'" $353.50 20.00% ..................... $264.50 20.00% ..................... $87.00 20.00% """""""""'" $141.00 20.00% ..................... $212.50 20.00% ..................... $52.00 20.00% ..................... $69.50 20.00% """""""""'" $7.00 20.00% ..................... $69.50 20.00% """""""""'" $113.50 20.00% """""""""'" $69.50 20.00% """""""""'" $45.00 20.00% ..................... 20.00% """""""""'" 20.00% """""""""'" 20.00% ..................... 20.00% """""""""'" 20.00% ..................... 20.00% ..................... 20.00% ..................... 20.00% ....'. ............. 20.00% """""""'."'" 20.00% """""""""" 20.00% 20.00% 20.00% """"""""'" 20.00% """""""""'" 20.00% """""""""'. 20.00% .""""""""'" 20.00% ................... 20.00% ... ............. . 2000% 20.00% 20.00% ................. $113.50 $69.50 $141.00 $89.00 $264.50 $104.50 $308.00 $123.50 $398.50 $168.50 $486.50 $203.50 $530.50 $283.00 $89.00 $96.00 $113.50 $264.50 $398.50 $443.50 $89.00 $7.00 EXHIBIT "A" Temporary Service a. Residential/Multi-Family/Commercial/lndustrial............................. ..................... b. Commercial/Industrial Service or Feeder ampacity 0-100 amps..................................................""""""""""'" ..................... 101-200 amps................................................................ ..... ..................... 201-400 amps..................................................................... ..................... 401-600 amps..................................................................... ..............,...... over 600 amps..................................................................... ..................... Miscellaneous Equipment- CommerciaUlndustrial/Residential a. Thermostats , First................................................................... ..................... Each additional inspected at the same time.................................. ..................... b. Low voltage fire or burglar alarms, or voice or date cabling First 2500 sq ft........................................................................ ..................... Each additional 2500 sqft.......................................................... ..................... c. Signs and outlet lighting FirstSign............................................................................... ..................... Each additional inspected at the same time at the same.................. ..................... building or structure d. Swimming Pools, Hot Tub, Spa.................................................. ..................... e. Yard Pole meter loops.............................................................. ..................... f. Plan Review for service greater than 200 amp at 35% 01.......,.......... ..................... regular Permit Fee plus a plan submission fee of g. Additional plan review/Inspection, per hour .................................. """""""""'" $51.00 20.00% ..................... $61.00 $58.00 20.00% ..................... $69.50 $74.00 20.00% ................... $89.00 $87.00 20.00% ..................... $104.50 $117.50 20.00% ..................... $141.00 $127.00 20.00% ..................... $152.50 $43.50 20.00% .......... $52.00 $13.50 20.00% $16.00 $51.00 20.00% ..................... $61.00 $13.50 20.00% ..................... $16.00 $43.50 20.00% ..................... $52.00 $20.50 20.00% ..................... $24.50 $87.00 20.00% ..................... $104.50 $58.00 20.00% ..................... $69.50 $74.00 20.00% ..................... $89.00 $87.00 20.00% ..................... $104.50 SECTION EIGHTTEEN. INTERNATIONAL BUILDING CODE. Based on Total Valuation as follows: $1 to $500................................................................................. For each additional $100 or fraction thereof up to and including $2,000:........................................................................ $30.50 $30.5, Plus For each additional $1,000 or fraction thereof up to and including $25,000:....................................................................... $90.5, Plus For each additional $1,000 or fraction thereof up to and including $50,000........................................................................ $504.5, Plus For each additional $1,000 or fraction thereof up to and including $100,000...................................................................... $829.5, Plus For each additional $1,000 or fraction thereof up to and including $500,000...................................................................... $1279.5, Plus For each additional $1,000 or fraction thereof up to and including $1,000,000................................................................... $4279.5, Plus For each additional $1,000 or fraction thereof over $1,000,000................................................................................ $7279.5, Plus Other Inspections and Fees, Per Hour (1): 1. Inspections outside of normal business hours (min. 2 hours)........... ..................... 2. Reinspection fees ................................................................... ..................... 3. Inspections for which no fee is specifically indicated (min. 1/2 hour).. ..................... 4. Additional plan review required by changes, additions or revisions to ..................... 5. For use of outside consultants for plan checking and inspections, or b...................... Limited Access .Agreement..............-.-...........-.--.-.....-.-.--.--.-...-.-.-.......... $4.00 1.30% $31.00 1.30% $31, Plus $4.00 1.30% $91, Plus $18.50 1.30% $516.5, Plus $13.50 1.30% $854, Plus $9.00 1.30% $1304, Plus $7.50 1.30% $4304, Plus $6.00 1.30% $7304, Plus $5.00 $18.00 $13.00 $9.00 $7.50 $6.00 $4.50 $61.00 $61.00 $61.00 $61.00 Actual Costs (2) 4.50% 4.50% 4.50% 4.50% ..................... $63.50 $63.50 $63.50 $63.50 Actual Costs (2) .................... . ..................... ..................... ...................................... $0.00 ...................................... $250.00 (1) Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. (2) Actual costs include City administrative and overhead costs. 9 EXHIBIT "A" SECTION NINETEEN IMPACT MITIGATION. School Impact Fee: Single-Family Residences, per dwelling unit.......................................................... $3,269.00 ...................................... Plus City Administrative Fee @ 5%...................................... ..""""""""""""""""""""""""""""""""""""""""'" Multi-Family Residences, per dwelling unit............................................................ $940.00 ...................................... Plus City Administrative Fee @ 5%...................................... ..................................................................................... $2,868.00 $143.50 $905.00 $45.50 SECTION TWENTY. PUBLIC SAFETY. Videotapes, per tape................................................................................... ""'" $25.00 """"""""""""""""""" Oigitallmages, files to disc, per disk..................................................................... $5.00 """"""""""""""""""" Fingerprint Card................................................................................................ $10 1st 2/$3 each ...................................... additional $10.00 $60.00 $32.00 $10.00 $5.00 $10.00 $100.00 Case Report, 1st 10 pages................................................................................. Traffic Accident Report, 1st 10 pages.................................................................... Reports exceeding ten (10) pages, per page....................................-..................... Photograph Duplication (from film)........................................................................ Photo 10 Card.................................................................................................. Concealed Pistol License.. New........................................................................... Concealed Pistol License - Renewal..................................................................... Concealed Pistol License.. Ouplicate!Reissuance.................................................... Lamination..............................................."""""""""""""""""""""""""""" Concealed Pistol License Late Fee (if applicable).................................................... Traffic School (including Police and Court costs)..................................................... 10 $10.00 $10.00 $0.15 $1.00 ...................................... """"""""""""""""""" ...................................... ...................................... ...................................... """"""""""""""""""" ...................................... """"""""""""""""""" """"""""""""""""""" ...................................... """"""""""""""""""" $10.00 $10.00 $0.15 $2 per photo! $10 minimum $25.00 $10,00 $10 1st/$3 each additional $10.00 $60.00 $32.00 $10.00 $5.00 $10.00 $115.00 EXHIBIT "A" MEETING DATE: December 7, 2004 ITEM# XÇ;) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: DOCUMENTING PROGRESS TO DATE AND ESTABLISHING A SCHEDULE FOR COMPLETING THE SEVEN-YEAR UPDATE TO THE CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS .........................................................................................................................................................................................................-................................................-............................................................-...... CATEGORY: )j CONSENT ~ RESOLUTION D CITY COUNCIL BUSINESS BUDGET IMPACT: D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ......-.........-...........-...... ATTACHMENTS: 1) Draft Resolution documenting progress to date and establishing a schedule for completing the seven-year update to the City's Growth Management Act Comprehensive Plan and Development Regulations; 2) November 15, 2004, Memorandum to the Land Use/Transportation Committee (LUTe) with draft resolution. SUMMARYIBACKGROUND: The Growth Management Act (GMA) requires each City and County planning under GMA to complete a 7-year update to its comprehensive plan and development regulations and to adopt a resolution documenting how the update requirements have been met. The intent of the Update is to ensure that the Plan and Regulations comply with the key requirements made to the GMA between 1995 and 2001. CITY COUNCIL COMMITTEE RECOMMENDATION: The resolution and staff report were presented to the Land Use/Transportation Committee (LUTe) at their November 15, 2004, meeting. The LUTC recommended approval of the proposed resolution to the City Council for adoption at their December 7,2004, meeting. PROPOSED MOTION: "1 move approval of the resolution documenting progress to date and establishing a schedule for completing the seven-year update to the City's Growth Management Act Comprehensive Plan and Development Regulations." 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 # 1ST READING ENACTMENT READING ORDINANCE # RESOLUTION # 1:\2004 Comprehensive Plan\Update Status\120704 Council Agenda Bil1.doc/l 1/30/20042:27 PM DRAFt 1I/3o/tJ if RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOCUMENTING PROGRESS TO DATE AND ESTABLISHING A SCHEDULE FOR COMPLETING THE SEVEN- YEAR UPDATE TO THE CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS WHEREAS, the Growth Management Act of 1990, as amended, (Chapter 36.70A RCW or "GMA") requires the City of Federal Way to adopt a comprehensive plan which includes a land use element (including a land use map), housing element, capital facilities plan element, utilities element, and transportation element (including transportation system map[s]); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; and WHEREAS, RCW 36. 70A.130( 4) requires that the City of Federal Way, a "fully planning" city within King County shall update its comprehensive plan and development regulations, as necessary, to reflect local needs, new data, and current laws; and WHEREAS, updates can be done on a continuing basis, but must be done in a deliberate manner every seven years according to a schedule established by RCW 36.70A.130( 4); and WHEREAS, the deliberate GMA Update process includes four basic steps: (1) establishment of a public participation program that identifies procedures and schedules for the review, evaluation, and possible revision process; (2) review of relevant plans and regulations; (3) analysis of need for revisions; and (4) adoption of an appropriate resolution and/or amendments; and WHEREAS, RCW 36. 70A.130(1) requires counties and cities to "take legislative action" to determine whether or not to revise a plan or regulation; and WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July RES # , PAGE I 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14,2000, November 1,2001, March27, 2003, and July 20,2004; and WHEREAS, the City Council adopted the seven-year update process to its comprehensive plan on March 27, 2003; and WHEREAS, pursuant to Article IX, Chapter 22 of the Federal Way City Code (FWCC), and consistent with , RCW 36.70A.130(2), the City accepts applications for amendments to its comprehensive plan and development regulations no later than September 30th of each year for review and action during the following year; and WHEREAS, under RCW 36.70A.130, the plan and development regulations are subject to continuing review and evaluation, but the plan may be amended no more than one time per year; and WHEREAS, as part of its comprehensive plan and development regulations update, the City has established a public participation program, which consists of a docket program, notification of citizens interested in applying for amendments to the comprehensive plan and development regulations; publishing notices in the paper, and posting notices on all official notice boards; and WHEREAS, as part ofthe seven-year update completed on March 27, 2003, and subsequent amendments, the City has updated all chapters of the comprehensive plan to reflect local needs, new data, and current laws, as shown in Exhibit A, attached hereto; and WHEREAS, in compliance with the Growth Management Act (RCW 36. 70A.215), the City of Federal Way has detennined the actual density of housing development, and has detennined that development to be consistent with the City's comprehensive plan; and WHEREAS, prior to the update deadline of December 1,2004, the City has reviewed its comprehensive plan and development regulations and has detennined which revisions to the plans and regulations have been completed and which revisions are still outstanding; and WHEREAS, subsequent to its seven-year update, the City has been made aware of new Hearings Boards decisions, which may affect its compliance with the Growth Management Act; RES # , PAGE 2 Now, THEREFORE, the City Council of the City of Federal Way does hereby resolve as follows: Section 1. Compliance A. The City of Federal Way comprehensive plan and development regulations, as set forth in Exhibit A attached hereto, is in substantial compliance with the GMA. B. The City will continue to update its comprehensive plan and development regulations annually. C. As part of its 2005 Comprehensive Plan Update, which commenced October 1, 2004, the City will update its Transportation element to address concurrency requirements, as necessary; the Housing element of the City of Federal Way Comprehensive Plan will be amended as necessary to adopt policies that facilitate the provision of sufficient development capacity to accommodate its housing targets for the 2001-2022 planning period of 6,188 households; the Official Zoning Map and/or its development regulations shall be amended as necessary to address reasonable measures to provide sufficient capacity to accommodate its housing targets for the 2001-2022 planning period of 6,188 households; and the comprehensive plan designations and zoning map will be amended as necessary based on a review of existing comprehensive plan designations and zones with densities of less than four dwelling units per net acre to detennine whether they contain environmentally sensitive systems that are large in scope (e.g., watershed or drainage sub-basin), their structure and functions are complex and their rank order value is high. Section 2. Severability. The provisions of this resolution are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this resolution, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the resolution, or the validity of its application to any other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affinned. RES # , PAGE 3 Section 4. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. ADOPTED by the City Council of the City of Federal Way at a regular meeting of the City Council on the day of ,2004. 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: RESOLUTION No.: 1:\2004 Comprehensive Plan\Update Status\1 11504 Packet\Resolution.doc/II/30/2004 3:02 PM RES # , PAGE 4 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: To: VIA: FROM: SUBJECT: A B. November 15,2004 Land Use/Transportation Committee David ~ Manager Kathy McClung, Director of Community Development Services Margaret H. Clark, AICP, Senior Planner ~ ~ Documenting progress to date and establishing a schedule for completing the seven-year update to the City's Growth Management Act Comprehensive Plan and Development Regulations POLICY QUESTION Should the City of Federal Way adopt a resolution documenting progress to date and establishing a schedule for completing the seven-year update to the City's Growth Management Act Comprehensive Plan and development regulations? BACKGROUND According to a schedule established by RCW 36.70A130(4), each city and county in Washington must take action to review and, if needed, revise its comprehensive plan and development regulations to ensure they comply with the Growth Management Act (GMA). The schedule for the City of F«deral Way's update is December 1,2004. The intent of the update is for a city to review its comprehensive plan and development regulations to ensure that the plan and regulations comply with the key requirements made to the GMA between 1995 and 200 1. The update process includes four basic steps: 1. Establish a public participation program that identifies procedures and schedules for the review, evaluation, and possible review process; Review relevant plans and regulations; Analyze whether revisions are needed; Depending on the outcome of its review and analysis, each local government should adopt one of the following options by December 1,2004: (a) A resolution finding that, based on careful consideration of the facts and law, the jurisdiction's comprehensive plan and development regulations comply with the GMA, and the jurisdiction has met its update requirement under RCW 36.70A130(1); (b) An amendment (or amendments) to the comprehensive plan and/or development regulations, so that the plan and regulations comply with the GMA; or (c) A combination of both items above. 2. 3. 4. The State Department of Community Trade and Economic Development (CTED), the office responsible for administering the GMA, recommends that a local govemment that has made significant progress on its update progress, but is unable to adopt all needed revisions by their update deadline, would be prudent in taking steps to demonstrate good faith and progress. In such cases, the following interim steps are recommended: (a) Adopt, by the update deadline, a resolution that documents local progress already made and contains a schedule for completing the update; (b) Continue moving ahead as quickly as possible to be in full compliance with the GMA. These interim steps do not relieve a local government of its update requirements, nor does it necessarily mean that a local government will be eligible for state grants and loans. C. HISTORY OF COMPREHENSIVE PLAN AMENDMENT PROCESS The Federal Way City Council adopted its comprehensive plan on November 21, 1995, and adopted development regulations and a zoning map implementing the plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14,2000, November 1, 2001, March 27,2003, and July 20,2004. At the start of the City's major update process in 2002, RCW 36. 70A.130 had required that cities complete their five-year update no later that September 1, 2002. On April 2, 2002, Governor Locke signed Senate Bill (SB) 5841, which amended RCW 36. 70A.130 by changing the September 1, 2002, deadline for the 5- Year Update to December 2004, and specified that subsequent updates shall occur every seven years rather than the previous requirement of every five years, making it a seven-year update. Regardless of this change, the City of Federal Way had committed to certain deadlines as a condition of receiving a GMA grant from the state, and therefore, completed its major (seven-year) update in March 2003. Subsequent to its seven-year update, the City has been made aware of new Hearings Boards decisions, which may affect its compliance with the GMA as follows: 1. Requirement to Adopt Reasonable Measures to ensure adequate capacity to accommodate targets. Pursuant to RCW 36. 70A.215, the Buildable Lands section requires the implementation of a review and evaluation program by King County and its cities. The Buildable Lands evaluation, which covered the period 1996 through 2000, found that the City of Federal Way's target of 6,188 for 2001-2022 exceeded its capacity of 5,538 by 650 households. RCW 36.70A.215(1)(b) requires that jurisdictions identify reasonable measures, other than adjusting urban growth areas, to increase its capacity in order to accommodate its targets. Therefore, as a follow up to the evaluation, cities or unincorporated areas that lack sufficient capacity to meet their Countywide Planning Policy growth targets are required to adopt reasonable measures to remedy those shortfalls. Reasonable measures include adoption of policies, regulations, incentives or other actions as part of their comprehensive plan and development regulations update. 2. Compliance with "bright line" rule as adopted by the Central Puget Sound Growth Management Hearings Board (CPSGMHB). Recent CPSGMHB decisions have adopted a "bright line" rule, which requires comprehensive plans and development regulations within Urban Growth Areas (UGAs) to have densities no less than four residential dwellings units per net acre. The board recognized a limited exception for 2 D. E. environmentally sensitive systems that are large in scope (e.g., watershed or drainage sub-basin), where their structure and functions are complex and their rank order value is high. The City of Federal Way has adopted zoning designations whose density vary from 24 units per acre in the RM 2400 Multi-Family zoning district to one unit per five acres in the Suburban Estates zone. Therefore, as a response to the CPSGMHB decision, the City must evaluate its low-density zones. COMPLIANCE WITH GROWTH MANAGEMENT ACT As part of its seven-year update and subsequent annual updates, the City has complied with the following steps: 1. Established a public participation program that identifies procedures and schedules for the review, evaluation, and possible review process. Pursuant to Article IX, Chapter 22 of the Federal Way City Code (FWCC) and consistent with RCW 36.70A.130(2), the City's public participation program consists of a docket program, notification of citizens interested in applying for amendments to the comprehensive plan and development regulations; publishing notices in the paper; and posting notices on all official notice boards. Reviewed relevant plans and regulations. This occurred as part of the seven-year update and subsequent annual updates. Analyzed whether revisions are needed. The City made revision in March 2003 and July 2004 and will continue to update its comprehensive plan and development regulations annually to comply with GMA requirements. 2. 3. As part of the 2005 Update, the City will adopt a Concurrency Management System; adopt reasonable measures to ensure that it has adequate capacity to accommodate its targets; and will research compliance with the GMA of density lower than four dwelling units per net acre. OPTIONS The Committee has the following options: 1. Move approval of the resolution documenting progress to date and establishing a schedule for completing the seven-year update to the City's Growth Management Act Comprehensive Plan and development regulations to enactment on December 7, 2004. Move denial of the resolution documenting progress to date and establishing a schedule for completing the seven-year update to the City's Growth Management Act Comprehensive Plan and development regulations. Move to amend the resolution documenting progress to date and establishing a schedule for completing the seven-year update to the City's Growth Management Act Comprehensive Plan and development regulations for enactment on December 7,2004. 2. 3. STAFF RECOMMENDATION "I move approval of the resolution documenting progress to date and establishing a schedule for completing the seven-year update to the City's Growth Management Act Comprehensive Plan to enactment on December 7,2004." 3 COMMITTEE RECOMMENDATION Forward Option 1 to the full City Council for approval on December 7,2004. APPROVAL OF .COMMITTEE REPORT: ~ ATTACHED Draft Resolution documenting progress to date and establishing a schedule for completing the seven-year update to the City's Growth Management Act Comprehensive Plan and development regulations. 1:\2004 Comprehensive Plan\Update Status\ 111504 Packet\LUTC Staff Report.doc/1119/2004 10:01 AM 4 MEETING DATE: December 7, 2004 ITEM# ~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2005 Street Sweeping Services Contract - Bid Award CATEGORY: BUDGET IMP ACT: ~ CONSENT D RESOLUTION D CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditnre Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated November 15,2004. ..._...m______------------------------------------------------------- SUMMARYIBACKGROUND: Four bids were received and opened on October 20, 2004 for the 2005 Street Sweeping Services Contract, please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is McDonough & Son Inc. with a total bid of $62,053.74. The amount available in the 2005 budget for this contract is $74,605. -------------------------------------._--- ------------------------------------------- ------------------------------------...-------- CITY COUNCIL COMMITTEE RECOMMENDATION: At its November 15, 2004 meeting, the Land Use and Transportation Committee made the following recommendations: 1. Award the 2005 Street Sweeping Services Contract to McDonough & Son Inc., the lowest responsive, responsible bidder in the amount of$62,053.74. 2. Authorize the City Manager to execute the contract. PROPOSED MOTION: "I move to award the 2005 Street Sweeping Services Contract to McDonough & Son Inc., the lowest responsive, responsible bidder in the amount of $62,053.74 and authorize the City Manager to execute the contract. " 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 # REV (SED - os/] 0/200 1 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: November 15,2004 Land Use and Transportation Committee David H. M~anager Marwan Salloum~.E.: Street Systems Manager 2005 Street Sweeping Services Contract - Bid Aw POLICY QUESTION: Should the Council award the 2005 Street Sweeping Service Contract to the lowest responsive, responsible bidder? BACKGROUND: Four bids were received and opened on October 20, 2004 for the 2005 Street Sweeping Services Contract, please see attached Bid Tabulation Summary. The total bids for this contract are as follows: Company McDonough & Sons Action Services Corp. Ms. Lloyd, Inc. Davidson-Marcri Sweeping, Inc. Available Budget Amount Bid Amount $62,053.74 $67,565.56 $72,532.56 $116,578.08 $74,605.00 The lowest responsive, responsible bidder is McDonough & Son Inc. with a total bid of $62,053.74. The amount available in the 2005 budget for this contract is $74,605. OPTIONS: 1. Award the 2005 Street Sweeping Services Contract to McDonough & Son Inc., the lowest responsive, responsible bidder in the amount of $62,053.74 and authorize the City Manager to execute the contract. 2. Reject all bids for the 2005 Street Sweeping Services Contract and direct staff to rebid the project and return to Committee for further action 3. Do not award the 2005 Street Sweeping Services Contract to the lowest responsive, responsible bidder and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the December 7, 2004 City Council Consent Agenda for Approval: 1. Motion to award the 2005 Street Sweeping Services Contract to McDonough & Son Inc., the lowest responsive, responsible bidder in the amount of $62,053.74 and authorize the City Manager to execute the contract. 2. Motion to authorize the City Manager to execute the contract. November] 5, 2004 Land Use and Transportation Committee 2005 Street Sweeping Contract -~ Bid Award Paf[e 2 of2 COMMITTEE RECOMMENDATION: Forward the above staffrecommendation to the December 7, 2004 City Council Consent Agenda. ~ - - AP-~'~O~~~.-OF-C~~~~~-~T~EE ~~~ORT:-"-"-' t~ ~:h:i~-~-___~liC~ ~_--._--Ie~- ~;i)~e;--- J .-... .- . ---- "~-'-"'- ._-_._--~-- K:L U1(20114'2005 Slre,,-t Sweeping Servìœ5 Bid Award.DOC 2005 STREET SWEEPING SERVICES RFB No. 04.115 Bid Opening Date October 20. 2004 Vendor Name-> Location -> Item Amount 1 I Maior Artenal Streets 2 Minor Artenal Streets 3 Collector Artenals 4 State Routes S 22.781Mile, 8.34 Miles 44.83 Miles 13.92 Miles Unit Cost per Mile COlt per Sweepin $32.00 $30.00 $32.00 $35.00 $728.96 $250.20 $1,434.56 $487.20 Bid 1 McDonough & Son, Inc. Ravensdale, WA # Time per Ye.r Total COlt 12 12 12 12 $8,747.52 $3,002.40 $17,214.72 $5,848.40 COlt per Mile COlt per Sweepin $38.00 $38.00 $37.00 $38.00 $885.84 $316.92 $1,658.71 $528.96 Bid 2 Action Sevices Corp. Bremerton, WA # Time per Year Total Cost 12 12 12 12 $10,387.68 $3,803.04 $19,904.52 $6,347.52 Cost per Milo Bid 3 Ms Uoyd, Inc Enumclaw, WA COlt per # Time per Sweeping Year $39.00 $39.00 $39.00 $39.00 $688.42 $325.26 $1,748.37 $542.88 Bid4 Davidson-Maren Sweeing Inc. Bellevue, WA Total Cost COlt per Mile Total COlt Cost per Swoopin # Time per Year 12 12 12 12 $10,661.04 $64.81 $1,478.37 12 $17,716.48 $3,903.12 $64.81 $540.52 12 $6,486.18 $20,980.44 $64.81 $2,905,43 12 $34,865.19 $6,514.56 $64.81 $902.18 12 $10,825.86 121,473.40 ¡¡~¡Im¡¡~ $9,000.00 $55.00 $11,000.00 61 Emer¡¡ency Call out ñ~ 'tR'VI!AIt. Bid Signature Bid Bond Addwndums Acknowledged $55.00 $11,000.00 YES YES YES $31.00 P ge 1 of 1 $6,200.00 ,',;;".i ,'iI?,'þ!i$61,565.ðtA YES YES YES $45.00 YES YES YES YES YES YES MEETING DATE: December 7, 2004 ITEM# ~~. 11:-) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CATEGORY: 2005 Right of Way Landscaping Maintenance Contract - Bid Award BUDGET IMP ACT: [g] CONSENT D RESOLUTION D CITY COUNCIL BUSINESS 0 ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated November 15,2004. SUMMARYIBACKGROUND: Five bids were received and opened on November 3, 2004 for the 2005 Right of Way Landscaping Maintenance Contract. The lowest responsive, responsible bidder is TruGreen LandCare, LLC with a total bid of$129,964.86. The amount available in the 2005 budget for this contract is $160,000. CITY COUNCIL COMMITTEE RECOMMENDATION: At its November 15,2004 meeting, the Land Use and Transportation Committee made the following recommendations: 1. Award the 2005 Right of Way Landscaping Maintenance Contract to TruGreen LandCare LLC, the lowest responsive, responsible bidder in the amount of $129,964.86 2. Authorize the City Manager to execute the contract. PROPOSED MOTION: "I move to award the 2005 Right of Way Landscaping Maintenance to TruGreen LandCare LLC, the lowest responsive, responsible bidder in the amount of $129,964.86 and authorize the City Manager to execute the contract." 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: November 15 2004 FROM: SUBJECT: Land Use and Transportation Committee ~ David H. M~anager -'-- Marwan Sal~oumJ.~.~ Street Systems Managen . -.;')--'--'-'--- 2005 Right of Way Landscaping Maintenance act - Bid Award POLICY QUESTION: Should Council award the 2005 Right of Way Landscaping Maintenance Contract to the lowest responsive, responsible bidder? BACKGROUND: Five bids were received and opened on November 3, 2004 for the 2005 Right of Way Landscaping Maintenance Contract. The total bids for this contract are as follows: Company TruGreen LandCare, LLC Osaka Gardens, Inc. Northwest Landscape, Co. Northwest Landscape Service Green Effects Available Budget Amount Bid Amount $129,964.86 $137,991.04 $146,188.37 $157,409.66 $210,506.24 $160,000.00 The lowest responsive, responsible bidder is TruGreen LandCare, LLC with a total bid of $129,964.86. The amount available in the 2005 budget for this contract is $160,000. OPTIONS: 1. Award the 2005 Right of Way Landscaping Maintenance Contract to TruGreen LandCare LLC, the lowest responsive, responsible bidder, in the amount of $129,964.86 and authorize the City Manager to execute the contract. 2. Reject all bids for the 2005 Right of Way Landscaping Maintenance Contract and direct staff to rebid the project and return to Committee for further action. 3. Do not award the 2005 Right of Way Landscaping Maintenance Contract to the lowest responsive, responsible bidder and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the December 7, 2004 City Council Consent Agenda for Approval: 1. Motion to award the 2005 Right of Way Landscaping Maintenance to TruGreen LandCare LLC, the lowest responsive, responsible bidder in the amount of$129,964.86 2. Motion to authorize the City Manager to execute the contract. November 15, 2004 Land Use and Transportation Committee 2005 Right of Way Landscaping Maintenance Contract Bid Award Paf!.e 2 0(2 COMMITTEE RECOMMENDA nON: Forward the staff recommendations to the December 7, 2004 City Council Consent Agenda. <c , e'«. . .;; '.."'",. . ;;F., ...... .,.'.','?,", ,".'. . .. "'. . ." """. " .. ..'. APPROY¥ OF COMMJI'TEEREPORT: ;;':'..,/. ...'ic'O:: '>"""""'~ '."',," " ',," >; .",;. "'"f. ....,. '\,.. t;: .. .. ',. .,< . .; ...', ..'. .." .&.. . ric Faisoó,~:Mèú)bêr> ..', .. . k: .I ,,[c\:;OO4\:?OOS tight of way landscaping maintcnwlCC- bid ;;ward.doc MEETING DATE: December 7, 2004 ITEM# ~ (1) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: AG 03-058 East Branch Lakota Creek Restoration - 85% Design Status Report CATEGORY: BUDGET IMP ACT: ~ CONSENT D RESOLUTION D CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ .......-....--..........-....... ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated November 15,2004. .......-..-....-......-....... SUMMARY/BACKGROUND: This project restores approximately 2,625 lineal feet of the East Branch of Lakota Creek from the mouth of the creek, upstream to SR 509 at Lakota Park (the upstream limit); including an unnamed tributary (hereafter referred to as the North Tributary), an approximately 500-foot-long right-bank tributary. Several fish passage impediments will be eliminated; selected stream banks stabilized, and fish habitat structures added. In addition, stonnwater flows will be tight lined from the upper end of the North Tributary to the East Branch to reduce channel erosion in the North Tributary and reduce sediment input to the East Branch. The LUTC Committee approved the 30% design stage of the project on January 12,2004. Currently, the project design is approximately 85% complete. The estimated project expenditures are $948,342, including contingency, while the total available budget is $1,480,597. Current project estimates indicate a savings of up to $532,255, contingent upon final bids and the stream's response to winter storms this year. If a large event occurs, the design may need to be modified as was necessary on earlier stream restoration projects. CITY COUNCIL COMMITTEE RECOMMENDATION: At its November 15,2004 meeting, the Land Use and Transportation Committee made the following recommendations: Authorize Surface Water Management staff to proceed with design of the East Branch Lakota Creek Restoration Project, returning to the LUTC Committee at the 100% design completion stage for authorization to bid. PROPOSED MOTION: "I move to authorize Surface Water Management staff to proceed with design of the East Branch Lakota Creek Restoration Project, returning to the LUTC Committee at the 100% design completion stage for authorization to bid." CITY MANAGER APPROV AL: ~- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D 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 FEDERAL WAY MEMORANDUM DATE: TO: November 15,2004 Jack Dovey, Chair Land Use an_~ ~~~ation Committee David H. M,~u:Manager Paul A. Bucich, P.E., Surface Water Manage;@y) AG 03-058 East Branch Lakota Creek Restoration - 85% Design Status Report VIA: FROM: SUBJECT: POLICY QUESTION: Should Surface Water Management continue with design of the East Branch Lakota Creek Restoration Project in accordance with the SWM Capital Facilities Plan approved by the Council in 2002? BACKGROUND: This project restores approximately 2,625 lineal feet of the East Branch of Lakota Creek from the mouth of the creek, upstream to SR 509 at Lakota Park (the upstream limit); including an unnamed tributary (hereafter referred to as the North Tributary), an approximately 500-foot-long right-bank tributary. Several fish passage impediments will be eliminated; selected stream banks stabilized, and fish habitat structures added. In addition, stormwater flows will be tight lined from the upper end of the North Tributary to the East Branch to reduce channel erosion in the North Tributary and reduce sediment input to the East Branch. The LUTC Committee approved the 30% design stage of the project on January 12,2004. This memo provides a brief synopsis of the progress to date. Currently, the project design is approximately 85% complete and includes the following completed tasks: . The Topographical Survey and Mapping Hydrological and Hydraulic Analysis Stream Geomorphology Assessment Fish Use, Passage, and Habitat Assessment JARP A and Biological Evaluation Determination and Section 404 Permitting SEP A DNS Determination Geotechnical Exploration and Analysis Final Design Survey Pickups Obtaining All Necessary Easements Project Design Engineering and PS&E to 85% . . . . . . . . . Ongoing Tasks Include: . Obtaining Hydraulic Project Approval (HP A) permit . Obtaining Community Development Department Director's Approval . Project Design to 100% Estimated Project Expenditures: Preliminary Design Final Design Year 2004 Construction (Estimate) 10% Construction Contingency 15% Construction Management Total Project Costs: Total Available Budget: $162,518 $57,844 $582,384 $58,238 $87,358 $948,342 $1,480,597 MEETING DATE: December 7,2004 ITEM# r~\ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: City Center Access Study - Briefing No.4 - Screening Levell Results & Options to Move Forward to Screening Level 3 CATEGORY: BUDGET IMPACT: ~ D D CONSENT RESOLUTION CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ......-.....-........-.-....... ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated November 15,2004 and related exhibits. SUMMARYIBACKGROUND: The City of Federal Way, in conjunction with our project partners, the Washington State Department of Transportation (WSDOT), Federal Highways Administration (FHW A), Puget Sound Regional Council (PSRC), and the additional supporting agencies (the "Core Team") are performing a feasibility study to determine viable access solutions to the safety issues and the congestion at the interchange of S 320th Street and Interstate 5 access to the Federal Way City Center. The interchange is experiencing significant congestion for many hours of the day and is currently at capacity. If a successful and viable access solution is found, Federal Way will proceed in developing an Access Point Decision Report (APDR) to submit to the WSDOT. With City and State approval the report would go to the FHW A. An APDR is the initial step required by FHW A before changing an interstate highway interchange. Levell Screening Evaluations - Refined Concepts: The Levell Screening recommended, and Council approved, that a total of 15 options (including four local, seven modified interchange, and four new interchange concepts) be retained for more detailed evaluation in this process of the study. Following the October 19,2004 Core Support Team meeting, the following options were recommended for advancement to Screening Level 3: Spot Intersection Improvements Local improvements at failing intersections throughout the City of Federal Way study area No Build 2030 The current City Comprehensive Plan and surrounding regional plan that includes the widening ofthe S 320th St interchange and the S 312th St Bridge Crossing 1-5. H4 and J5 A combined local option for a one-way ring road couplet configuration clockwise around the City Center Core and a local improvement option of a new bridge crossing 1-5 at S 324th St. C2Vl Modifications to the S 320th St interchange gaining access to 1-5 at S 312th St. D2V4 Modifications to the S 320th St interchange with new access at the S 324th St area. The C2V2 modification to the S 320th St interchange gaining access to 1-5 at S 312th St including ramps and tunnel near the City of Federal Way Park & Ride near S 324th St was suggested as a design refinement if the study moves forward in the environmental process. It was further suggested to evaluate the impacts at S 312th St and S 324th St separately, whereas the C2V2 option contains both elements. CITY COUNCIL COMMITTEE RECOMMENDATION: At its meeting, the Land Use and Transportation Committee made the following recommendations: Motion to place the above options identified in Screening Level 2 on the December 6, 2004 City Council Consent Agenda so that they may be forwarded to Screening Level 3 for further analysis. PROPOSED MOTION: I move to forward the options identified above from Screening Level 2 to Screening Level 3 for further analysis. CITY MANAGER APPROVAL: ..........~ ............................. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D T ABLEDIDEFERRED/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: November 15,2004 Land Use and ¥Y' l~) FROM: Maryanne Zukowski, P.E., Senior Traffic Engineer SUBJECT: CITY CENTER ACCESS STUDY - BRIEFING NO.4 Screening Levell Results & Options to Move Forward to Screening Level 3 POLICY QUESTION: Should the options, as presented from the Level 2 screening and endorsed by both the Core Support and Stakeholder Teams, continue to Screening Level 3? BACKGROUND: The City of Federal Way, in conjunction with our project partners, the Washington State Department of Transportation (WSDOT), Federal Highways Administration (FHW A), Puget Sound Regional Council (PSRC), and the additional supporting agencies (the "Core Team") are perfonning a feasibility study to detennine viable access solutions to the safety issues and the congestion at the interchange of S 320th Street and Interstate 5 access to the Federal Way City Center. The interchange is experiencing significant congestion for many hours of the day and is currently at capacity. If a successful and viable access solution is found, Federal Way will proceed in developing an Access Point Decision Report (APDR) to submit to the WSDOT. With City and State approval the report would go to the FHW A. An APDRis the initial step required by FHW A before changing an interstate highway interchange. This is the fourth in a series of Land Use and Transportation Committee (LUTe) briefing updates of the current schedule and milestones accomplished to date for the project. The previous three briefings included: Briefine No.1. December 15.2003: Presented the Public Involvement and Communications Plan, the Project Work Plan, the Purpose and Need statement, the project issues map, and the study area of the project. Briefine No.2. April 5. 2004: Provided an update from project beginning to the development of 47 project alternatives in this project study. Briefine No.3. Aueust 16.2004: Presented 15 options retained for further evaluation, analysis, and scoring. Briefing No.4 Presents the Following: . 15 options evaluated at Level 2 Screening . Level 2 Screening results - overview of Technical Memorandum No.9 (TM 9) . Core Support Team recommendations for options to forward for further evaluation with input from the public, Stakeholder Team, and staff. . Stakeholder Team issues/concerns . Transit issues/concerns . Staff recommendations LEVEL 2 SCREENING EVALUATIONS - REFINED CONCEPTS: The Levell Screening recommended, and Council approved, that a total of 15 options (including four local, seven modified interchange, and four new interchange concepts) be retained for more detailed evaluation in this process of the study. It is important to note that the categories for new and modified interchanges were revised in order to better address design standards. The history of this process and the options are discussed in Technical Memorandum No.7 (TM 7). The table below lists the options that were retained for further evaluation. TABLE 1- OPTIONS EVALUATED IN LEVEL 2 SCREENING MODIFIED NE\V LOCAL ACCESS ACCESS D5 Cl F6 J5 C2Vl 12 H4 C2V2 AS E7 C2V3 13 C2V4 D4Vl D4V2 Total 4 Total 7 Total 4 The options shown in the PowerPoint presentation include location, aerial photography, and refined configuration. The 15 options are also provided as an attachment to this memo. Scoring Criteria: In Exhibit I are the Level 2 screening criteria for the Core Support and Stakeholder Teams' review. The scoring was weighted by consensus of the Core Support Team. Level 2 Screening Results: The summary scoring shown on the next page in Table 2 shows the results of the work accomplished by: 1. Citizen comments collected from the public open house for the project 2. The Stakeholder Team 3. City of Federal Way staff 4. CH2M Hill staff 5. The Core Support Team TABLE 2 - LEVEL 2 SCREEN RESULTS WEIGHT 2003 NO BUILD D5 3.0 LOCAL E7 2.4 ")") 2.9 CONCEPTS H4 2.4': 2.2 2.8 J5 25 2.4 2.7 <:1 2.1 u; 2.5 C2 \.\ 3.4 3.4 2.5 3.1 C2 \'2 3.4 .~.!ì 2.7 2.7 .1A MODIFIED C2n "'3.7 .~.2 2.7 2.5 3.0 CONCEPTS C2 \'-1 ;.3.6 :~.() :.. 2..1"", ")' 2.0 3.2 ....' D-I \ï ;2.8 3.1 .3.3.. 3.3 2.0 2.t) D-I \'2 ','1,3.2 .t2 3.0 J.o 2.0 .to :\5 'fl.g ") - ~'2.8r 2.X 1.5 2.5 ...../ NEW 1'6 ,>2.2 2.2 :3.2,-, 3.2 2.5' 2.5 2.5 CONCEPTS 12 2.8 ")~ 2;~, 2.3 2.0' 2.0 ~2r5'!, 2.5 _./ B 2.9 2.R 2:4 2.-1 3:0 1.7 2.8 2.6 JI WSDOT STAFF & TRANSIT STAFF SCORES I CITY STAFF & STAKEHOLDER SCORES CORE SUPPORT TEAM RECOMMENDATIONS: The history of scoring options can be found in Exhibit 2. The Core Support Team recommends the following options: Spot Intersection Improvements Local improvements at failing intersections throughout the City of Federal Way study area No Build 2030 The current City Comprehensive Plan and surrounding regional plan that includes the widening of the S 320th Street interchange and the S 312th Street Bridge crossing 1-5. H4 and J5 A combined local option for a one-way ring road couplet configuration clockwise around the City Center Core and a local improvement option of a new bridge crossing 1-5 at S 324th Street. C2V1 Modifications to the S 320th Street interchange gaining access to 1-5 at S 31th Street. Modifications to the S 320th Street interchange with new access at the S 324th Street area. D2V4 The C2V2 modification to the S 320th Street interchange gaining access to 1-5 at S 31th Street and also near the City of Federal Way Park & Ride near S 324th Street was suggested as a design refinement if the study moves forward to the environmental process. The Core Support Team recommended that the impacts of access at S 31th Street and S 324th Street be evaluated separately, whereas the C2V2 option includes access at both locations. Stakeholder Team Issues/Concerns: Meeting minutes are attached as Exhibit 3, detailing the Stakeholder Team's issues and concerns. The majority of these concerns are related to the access and the crossing ofI-5 at South 31th Street. Stakeholders who wish to present their issues to the LUTC will be present at the meeting. Staffhas allocated 10 minutes of this staff report to accommodate these comments. Transit Issues/Concerns: Transit issues and concerns from King County Metro are attached as Exhibit 4. STAFF RECOMMENDATION: Staff recommends moving the following options forward to Screening Level 3: Spot Intersection Improvements Local improvements at failing intersections throughout the City of Federal Way study area No Build 2030 The current City Comprehensive Plan and surrounding regional plan that includes the widening of the S 320th Street interchange and the S 31th Street Bridge crossing 1-5. H4 and J5 A combined local option for a one-way ring road couplet configuration clockwise around the City Center Core and a local improvement option of a new bridge crossing 1-5 at S 324th Street. C2V1 Modifications to the S 320th Street interchange gaining access to 1-5 at S 31th Street. Modifications to the S 320th Street interchange with new access at the S 324th Street area. D2V4 COMMITTEE RECOMMENDATION: Motion to place the above options from Screening Level 2 on the December 7, 2004 City Council Consent Agenda so that they may be forwarded to Screening Level 3 for further analysis. ~-:T ;-.- - - .~~(.,;. )\. ""';':"..'. ;;"'.'¡ '++'."'.......'../v .. . .. :C::APPR8VM.. OF;OM:MiTTEE:RtpÕRT:~: "Äc".' ".' .".: " EXHIBIT 1 LEVEL 2 SCREENING CRITERIA Criteria and Description Sub Criteria and Measures of Effectiveness Transportation Benefit I. Compatibility with Freeway Operations How does the option impact the overall operations of the transportation system? . II. Impact to freeway safety . Is the option likely to improve/degrade safety? III. Impact on Local Traffic Operations . Does the option improve the operating characteristics of the local system intersections as conveyed in the Purpose and Need? Does the option adversely impact operations . 1. Main Line Travel Demand Impacts on Poorly Operating Segments- as indicated by the traffic volume changes on LOS 0, E and F segments of the 1-5 mainline Existing Interchange Ramp Volume Relief- as indicated by: a. The net number of ramps impacted by volume changes as an indicator of ramp terminal operations impacts, b. Volume relief on the So. 320th S1. Interchange Ramps. 2. 3. New Interchange Ramp Utilization - as indicated by: a. Interchange volume/capacity ratio, b. Total Interchange volume served. No. of conflict points with the freeway mainline- as indicated by the net change from existing conditions, 1. 2. No. of High Accident Location (HALs) interchange ramps likely to be improved. Impact on Study Intersections - as indicated by: 1. a. Impact on key City Center Intersections #1-6, #8 based on net change in traffic volumes as potential influence on Level of Service (LOS) and the number of intersection s improved. Impact on specific intersections based on Local Options analysis, LOS results and no. of intersections improved. b. 2. Impact on Transit Operations- as indicated by qualitative assessment of increased travel times, re-routing, and/or lack of system connectivity. IV. Impact on Local Street Safety Impact on local study intersections - as indicated by: . Is the option likely to improve/degrade safety on local streets and high accident frequency intersections? 1. a. net number of high accident rate corridors with increased or decreased traffic volumes on critical movements, which may be indicative of a change in LOS net number of high accident rate locations with increased or decreased traffic volumes on critical movements, which may be indicative of a change in LOS b. V. Connectivity with and Circulation within the City Center . How does the option impact or enhance circulation within the City of Federal Way taking into account functional classification? 1. Subject to qualitative judgments relative to additional east-west connectivity, traffic congestion relief, likely travel time changes, pedestrian access, commercial access, etc. Are arterials allowed to function as arterials? VI. Compatibility with Non-Motorized Modes . Does the option support non-motorized facilities while not impacting existing ones? VII. Freight Mobility . Does the option provide increased mobility for freight? 1. Subjective qualitative judgments based on the options ability to accommodate bicycle lanes, pedestrian linkages. Crosswalk locations and lengths are considered 1. Subjective qualitative judgments based on levels of congestion, need to revise freight routes, increased travel times, access restrictions, etc. Criteria and Description Sub Criteria and Measures of Effectiveness VIII. Ability to Meet Design Standards . How well does the option adhere to AASHTO and WSDOT design standards? Are design exceptions likely to be accepted? 1. Subjective qualitative judgments based on design concept review IX. Constructability . How easy and lengthy would it be to implement the option during construction? X. Cost Effectiveness . Does the option provide relative benefit consistent with the level of investment? Impact to Built Environment XI. Compatibility with Local Plans . Is the option consistent with the Federal Way Comprehensive Plan - City Center Element. How well does the option support and advance those plans? 1. Subjective qualitative judgments based on the potential overall construction schedule, impacts to traffic operations, ability to sequence and phase project delivery, etc. 1. Ratio of the relative project cost (not actual) based on the major project elements to the amount of traffic removed from the South 320th Street corridor, as indicated by the change in traffic volumes at the SO. 320th St. and 23rd Ave. intersection. 1. Subjective judgment of how well the option promotes conversion to a smaller street grid within the City Center, how well it disperses traffic from S 320th Street to other Streets, and improves pedestrian, bicycle, and transit connections throughout the City Center and the surrounding neighborhoods. XII. Compatibility with State and Regional Plans 1. Are elements of the options included in the King County 2004 Transportation Needs Report, PSRC's Destination 2030, or the WSDOT Highway System Plan Subjective evaluation of how well the concept fits those plans Is the option consistent with county, regional and state plans? XIII. Disruptions and Displacements . How many commercial and residential properties will be displaced and to what level? Would the option disrupt any existing neighborhoods? XIV. Impact on Noise . . How will implementation of an option impact noise levels to residential communities? 1. Subjective qualitative judgment of the likely impact. XV. Impact on Section 4(f) Resources . Would there be any direct impacts on Steel Lake Park, any listed historic buildings, or other section 4(f) resources? 2. 1. Quantitative estimate of the net number of commercial and residential properties adversely affected. Subjective judgment of community disruption. 2. 1. Subjective qualitative judgment of potential noise impacts due to increased/decreased traffic volumes proximate to residential neighborhoods and other sensitive receptors (schools, hospitals, churches, libraries, etc.) Impact to Natural Environments XVI. Impact on Critical areas (steep slopes, wetlands, aquifer recharge, streams, etc.) 1. Subjective qualitative judgment of the likely impact . How will implementation of an option impact known critical resources? XVII. Impact on air quality 1. Correlates with level of congestion as defined by the local intersections . How will implementation of an option likely impact air quality? 2. Correlates with freeway congestion levels XVIII. Impact to Threatened or Endangered Species 1. Subjective qualitative judgment of the likely impact . Is the option likely to negatively impact threatened or endangered species? EXHIBIT 2 Scoring History of Option Selections At the August lffh 2004 Stakeholder Meeting the following options were scored and ranked as recommended to move forward as preferred options: . JS . 12 . C2Vl . H4 . C2V2 A local improvement option of a new bridge crossing 1-5 at S 324th St. A new interchange at 1-5 near S 296th St and connection to SR 509 in the City of Federal Way. A modification to the S 320th St interchange gaining access to 1-5 at S 312th St. A one-way ring road couplet configuration clockwise around the city center core area. A modification to the S 320th St interchange gaining access to 1-5 at S 31ih St including ramps and tunnel near the City of Federal Way Park & Ride. At the September 21st 2004 Core Support Team Meeting Criteria and Weighting occurred. At the October gh/ 2004 Core Support Team Meeting preliminary scoring occurred. At the October l;!h, 2004 Core Support Team Meeting winnowed the following in the preliminary scoring. . DS . H4 and JS . E7 and JS . C2Vl . C2V2 A local comprehensive plan option to remain in the 2030 analysis as required by the comprehensive plan. A combined local option for a one way ring road couplet configuration clockwise around the city center core area and a local improvement option of a new bridge crossing 1-5 at S 324th St. A combined local option for a smaller one way couplet configuration counterclockwise around the Commons and a local improvement option of a new bridge crossing 1-5 at S 324th St. A modification to the S 320th St interchange gaining access to 1-5 at S 312th St. A modification to the S 320th St interchange gaining access to 1-5 at S 312th St including ramps and tunnel near the City of Federal Way Park & Ride near S 324th St. At the October 13th 2004 Stakeholder Meeting the team reviewed the core team selections and provided the following input for options to move forward. . H4 and JS . E7 and JS C2Vl A combined local option for a one-way ring road couplet configuration clockwise around. the city center core area and a local improvement option of a new bridge crossing 1-5 at S 324th St. A combined local option for a smaller one-way couplet configuration counterclockwise around the Commons and a local improvement option of a new bridge crossing 1-5 at S. A modification to the S 320th St interchange gaining access to 1-5 at S 312th St. REPLACE C2V2 with D2V4 D2Y4 is a modification to the S 320th St interchange with new access at the 5 324th St area. . EXHIBIT 3 CITY CENTER ACCESS STUDY STAKEHOLDER TEAM MEETING #8 Wednesday October 13,2004; 12:00 - 1 :30 PM Amended 10/29/04 Meeting Minutes PRESENTERS: Maryanne Zukowski, P.E (City Staff) ATTENDEES: Kurt Reuter, Dini Duclos, Don Perry, Sandy Paul-Lyle, David Kaplan, Hope Elder, Ron Nowicki, Geoffrey Kelly, Steve Rapp, Eric Stavney, Lisa Cooke-Tinsley (new member addition to be approved on October 19th), Bob Griebenow (member of the Federal Way Chamber of Commerce assisting with Dini Duclos as the Chamber), and Ken Miller, P.E. (Staff). The Stakeholder group represents a wide and full range of interest and expertise. That experience ranges from former council members, ex-City Managers, City staff, Public Safety & Fire Department representatives, Chamber of Commerce President, business owners, private interest groups, and citizens. Please note there are a total of 14 voting members on record for the meeting date of October 13th, 2004. In attendance were 10 voting members representing a majority representation of the team at this meeting. Those not in attendance at the meeting were Cindy Wendland of the Federal Way School District Transportation Division, Fire Chief Allen Church of the Federal Way Fire Department, Officer Andy Hwang of the City of Federal Way Police Department, and Jan Gibson representing Weyerhaeuser interests. Members that were not in attendance will need to contact Maryanne directly for any concerns and issues based on the voting of the majority of the team. Staff member Darlene LeMaster was missed from the meeting as she was assisting the United Way Event for the City. Staff would like to thank Darlene for all of her assistance in organizing lunch and materials for the stakeholder team meeting. Summary: Meeting commenced at 12:00 PM and ended at 1:30 PM. Lunch was served as introductions and housekeeping items were attended to, and those housekeeping items were: . New member addition to the stakeholder team that was sent to the City Council for approval on October 19th, 2004. . E-mail request from Chuck O'Donnell that was sent out to all team members for the addition of an options to the current list of options currently endorsed by the group and the resignation of Chuck O'Donnell from the team. . TM9 revisions. . Weighting of the three scoring sections of Transportation Benefit, Impacts to the Built Environment, and Impacts to the Natural Environment. . Core support team meeting update/summary from their meeting on October 12th, 2004. Update of scoring of the 15 options. Lisa Cooke-Tinsley was introduced to the team as the first order of business. Maryanne discussed the proposed additional option from Chuck O'Donnell as presented in his e-mail dated 10/1 0/04 and discussed with the group that the LUTC already has made a decision that no additional options are to be brought forward as the budget will not allow additional funds to the project, the timing ofthe request would also compromise the current contract work in progress, and the scope of the request is far out of the range of the specific scope of this current study. Although Mr. O'Donnell has contributed a lot of time, commitment, and thought to his proposal the request is out of the range of this groups scope. Maryanne asked the group for any concerns or additional comments on this proposal. The consensus of the group was not to move forward on this request. TM9 corrections and addendums were handed out to the group. A few of the team members voiced strongly their dissatisfaction with this process and the change out of materials. Which made this more cumbersome is that the copies collated by Kinko's were mismatched and out of sort. It was explained to the group that Maryanne has collected all the changes over the past month and removed all unneeded change out of materials so there would be one change out. Since these materials would be cumbersome to mail and also confusing to change out, Maryanne instead wanted to walk through the change out of materials in their books. It was voiced very much from the team members their dissatisfaction of this time to proceed with this iteration and was also concerned that they had already read these materials and now they have to digest more information after they have removed the originals. Maryanne stated that anyone who needs their book changed out may leave it with her or come to city hall and we can change out the book pages together. There was voiced a concern that the core team that also changes out their materials are paid for their time, and the stakeholders are volunteers to this project and have jobs. Maryanne asked for suggestions from the group to better assist in this process for the change out of material addition and corrections to TM9 and future TM's. It was stated to the team that staff is currently working with the consultant on a better QAlQC program. Maryanne stated that all additional materials to TM9 would be additions and not change out of materials. The Hierarchy (percentage assignment sheets to the scoring criteria) sheet was handed out and some members are missing this sheet, as Kinko's did not copy it for all sets. The weighting of the three scoring sections of Transportation Benefit, Impacts to the Built Environment, and Impacts to the Natural Environment was explained as being determined by the Support Core Team. The team had questions on how this was determined and was explained by staff that this was through negotiations with the team. City Staff presented: Transportation Benefit Impacts to the Built Environment Impacts to the Natural Environment WSDOT/FHW AlCH2Mhill Transportation Benefit Impacts to the Built Environment Impacts to the Natural Environment Through negation the final approval went out as: Transportation Benefit Impacts to the Built Environment Impacts to the Natural Environment (40%) (35%) (25%) (70%) (15%) (15%) (60%) (25%) (15%) Staff conceded to the reduction since there are many more sets and subsets of criteria under the transportation benefit section that reduced the percentages in those categories. The other percentages had similar negations and limited consensus to reach agreement. Maryanne presented an update from the core support team on October 1 ih, 2004. The update of scoring of the 15 options and the reduction of options to a contract amount of 3. The final selections did not reach a consensus from the core team and some of those issues were brought to the stakeholder team for their input. The summary score sheets were handed out. It was presented to the team that the consultant ranked some sections based measurable data presented in TM9. Any subjective scoring ranking was not completed by CH2Mhill. It also was presented that the WSDOT/FHW A teams only scored a limited amount of sections based on their expertise and deferred a majority of scoring to the City. Transit scored only one section and City staff also scored those sections. The City submitted the majority of the scores. The city staff incorporated the stakeholder team scores into their scoring by interpolating their scores into the I - 5 method. In some cases the stakeholder scores did not match the city staff recommendation, those scores were negotiated in average. In a few cases some of the scores changed based on other additional knowledge outside of the stakeholder team. Maryanne stated that at any time the stakeholder team can contact her and those scores would be presented as scored by the stakeholders, staff teams, and Maryanne. So. where are we now? The stakeholder team previously scored 15 options and after the scoring was compiled, five (5) options stood out as potential solutions recoment at the next level of screening. Ranked from highest to lowest, the following alternatives remain viable: . J5 (Bridge crossing 15 at S 324th St.) . 12 (New interchange at 15 and S. 296th St connecting to SR 509) . C2Vl (Modification of the interchange at S 320th St. that includes new ramp locations at S 31ih) . H4 (Large one way couplet that uses S 316th St. and S 324 th St. . C2V2 (Similar to the C2Vl option with addition of a tunnel ramp sections at S 324th St. Discussion: (1) S 312th St Issues and concerns: Maryanne presented the local options recommended to move forward tentatively by the core team. The core team endorses those recommendations. Discussion of some of the decisions made from the core team meeting followed. The local option D5 which is a bridge crossing 15 at S. 31ih St was represented as a local option to measure how effective the solution is to the traffic impacts at S. 320th St and 15 and is a currently adopted comprehensive plan element. Maryanne stated that this element would go back in the 2030 traffic model as an element of no build based upon the scoring of the options and traffic elements it provides. No further analysis was needed from the data presented and it is an adopted comprehensive plan element. This direction was advised by the WSDOT and FHW A as this is a comprehensive plan element and belongs in the planned projects of the comprehensive plan that is currently adopted. The team members voiced their oppositions to considering the bridge crossing 15 at S. 31ih St option D5 a "done deal". Staff explained to the team that removing the S 312th St option D5 is not a condition that can be considered as part of this traffic study. It is a requirement of the study to prove all local options have been evaluated and do not meet the purpose and need before we evaluate a modified interchange option and a new interchange (in that order). Staff explained that it is not within the scope of this project to remove a comprehensive plan element that has been formally adopted by city council. It is required as part of this study to keep it in the no build 2030 model and it was evaluated separately to its efficiency against other options. Maryanne advised the team that the members who have an issue with this and a concern could voice their concerns and she would report this to the LUTC at the update of the project status planned for November 15th, 2004. Maryanne took a pole of the room on those who are strongly opposed to a bridge crossing 15 at S 312th St. 10 of the 12 members voiced that they are strongly opposed. Maryanne stated that they should write up that opposition so that she may present those concerns. (2) 01Jtion H4 (ONE-WAY ring road utilizing S 316th St. and S. 324th St.) Maryanne presented outstanding issues from the core team that needed a resolution. The current contract provides for (3) options to move forward for further analysis, where as H4 has been a controversial option among many reviewers and scoring parties. Maryanne polled the voting members on this option H4 moving forward for further analysis. 6 of the 10 voting members approve of this option moving forward. Option H4 as represented in TM7 was shown that it could be analyzed clock wise and counter clockwise. Previously stakeholder members wanted to see this option in the reverse as presented in the drawings as the clockwise travel pattern. Maryanne stated that the current clockwise travel pattern is all right turns. In the counterclockwise travel pattern as typically recognized by people is all lefts. Left turns typically take more green time out of a signal cycle. The staff traffic engineers' preference is clockwise. Mark Sawyer of the WSDOT mentioned that clockwise benefits the internal circle and the reverse travel pattern benefits the external traffic. The question was raised by the team as to how they would know what the traffic does if it is not analyzed in both directions. Staff responded that if one direction is chosen now and if it moves forward as a preferred alternative, that alternative most likely would be analyzed in many different variations. Maryanne took a poll of the voting members and 6 of the 10 members chose clockwise. (3) Options C2Vl and C2V2 issues and concerns: Maryanne presented information regarding the scoring of the modified interchange scoring were as C2Vl (Modification ofthe interchange at S 320th St. that includes new ramp locations at S 3 12th) and C2V2 (Similar to the C2Vl option with addition of a tunnel ramp sections at S 324th St. Were within the (5) options ranked the highest by the stakeholder team and were both scored number # lout of all of the scoring at 3.1 in the combined scores. The stakeholders voiced their concern and opposition over the "new interchange" at S 31th St. and felt that D2V2 with a location at S 324th St and with a score of3.0 should replace the C2V2 option to be analyzed. Staff commented on previous concern by Weyerhaeuser connecting traffic links in the Corporate Head Quarters Facility. Team members commented that Jan was not in attendance at this meeting to incorporate any concerns. (4) New Interchanges: Team members questioned what happened to the 12 option as previously chosen by the stakeholder team. Staff explained the no build score was 2.7 and all but one option in the new interchange section scored below the no build. The J5 option for a new interchange at S 336th St. scored 1/10 of a decimal place over no build with a score of 2.8. Staff further explained that in the diagrams for 12 within TM9 it shows that this option for a new interchange at IS and S 296th St connecting to SR 509 showed a substantial amount of traffic benefit reduction at IS and S 272nd St with 0 to 10 vehicle reduction per hour at the interchange of S 320th St and various ramp locations. Ken Miller asked to repeat the purpose and need statement for this project and it is copied below. In order to enhance access to and circulation within the City Center, the City of Federal Way seeks to improve safety and reduce congestion on the transportation network. Staff further explained that the objective in this study is to first prove that local improvements will not meet the needs, then evaluation of modified improvements will not meet the need, then we can move on to a new interchange location alternative. The interchanges scored lower than no build (do nothing) and one did only score 1/1 Oth of a decimal place. In all cases the new interchanges did not score as well as the local options and the modified interchange locations. No recommendation was made move a new interchange forward. There was one question in the meeting relating to how the scores are tabulated. Staff responded as the WSDOT column and the City column are shown in the spreadsheets and they are cumulative scores, where WSDOT did not score sections they assumed the City scores. The following comments were written up from the meeting to include in the meeting minutes documenting the concerns ofthe S 312th St Comprehensive Plan Element that cannot be eliminated from this project study as an adopted Comprehensive Plan Element. The following documentation of concerns will be provided to the LUTC on November the 15th. From: "h.david kaplan" <hdk1934@hotmail.com> To: Marvanne.Zukowski@cityoffederalwav.com, hdk1934@hotmail.com Subject: CCAS Stakeholders and S. 312 Street Date: Wed, 13 Oct 2004 15:55:21 -0700 Dear Maryanne: As per our discussion at this afternoon's meeting, I would like you to pass on the following comments when you next report to the LUTe. Many of the options we have been reviewing include either a bridge or an interchange at 1-5 and S. 312th Street. I would like to go on record to express my opposition to a bridge crossing 1-5 at S. 312th Street or a new freeway interchange at S. 312th Street and 1-5. (I also am opposed to the S. 312th Street Bridge in the City's Comp Plan. I will address that during the next phase of Comp Plan amendments.) I have the following reasons for my opposition: 1. It would be necessary to widen S. 312th Street through Steel Lake Park to at least three lanes, if not four. Ei.ther modification would negatively impact both the Massengale Ball field on the north side of S. 312th Street and 28th Avenue South and the Skate Park at the South side of S. 312th Street and 28th Avenue South. 2. The heavy traffic resulting from either of the options would negatively impact pedestrian safety at the crossing between the two parts of the park. 3. There are wetlands at 28th Avenue South and S. 312th, as well at the western boundary of the park on the South side of S. 312th Street. Buffer requirements would made roadway construction difficult, if not impossible to do at a reasonable cost. 4. We now have a pair of two lane streets at the intersection of 28th Avenue and 312th. The added traffic because of the 1-5 exit at 312th, plus HOV traffic heading north from 317th on 28th Avenue South, would negatively change the character of the neighborhood. S. The tremendous cost of land acquisition and construction may not warrant the value received in terms of traffic advantages and quality of life. Thank you for passing on these thoughts to LUTe. H. David Kaplan "Dini Duclos" <dinid(1i)multi-servicecenter.com> 10/14/2004 5:28:41 PM Maryann, Please add me as supporting David's expressed concerns. He has stated my objections perfectly. Dini Duclos Stayner, Eric" <EStavney@sea.devry.edu> 10/1512004 9:25:38 AM Maryanne, I hate to be an "add me too" person, but I found David's list of reasons for why our City should hesitate to build the 312th bridge to be nicely stated. He does not fly off the handle, but instead offers strong, rational, and I think compelling reasons for us to go on record as opposing this concept. Eric Stavney 3600 S. 344th Way Federal Way, WA 98001 estavney@sea.devry.edu (253) 943-3119 Sandy Paul-Lyle <spaul@ci.pacific.wa.us> 10/15/20048:36:45 AM Per our discussion at the October 13, 2004, City Center Access Stakeholders meeting, I want to be included in the voice opposing any crossing of 1-5 at south 312111 Street. When that option was placed in the Comprehensive Plan, it was merely a vision. Our unscientific work as stakeholders has discovered how unrealistic such a crossing would be in reality. For South 312111 Street to be effective as an arterial street, it would need to be widened to 3 or 4 lanes, preferably 4. Where would those lanes go? Through the wonderful new skate park? Through Steel Lake Park and the ballfields? An overcrossing would have to begin at 23rd Avenue South and would be very disruptive to homes and the park for all of eternity. Such a plan is impractical and expensive, more expensive than other options in my opinion. In order to preserve safety for pedestrians crossing between the parks, a pedestrian overpass or tunnel would have to be built. Steel Lake Park is a jewel in Federal Way and must be preserved, not compromised, for the greater good of all Federal Way Citizens. I do support a change in the Comprehensive Plan vision to remove the overcrossing at South 3121h Street. I think I need to be on the Planning Commission! (Oh, my god! Did I say that? 19 months. I cannot do another thing for 19 more months! Many of my current obligations will end in 19 months. Did I say I was counting?) Sandy Paul-Lyle City Clerk/Personnel Manager City of Pacific 100 3rd Avenue SE Pacific WA 98047 253.929.1105 253.939.6026 (fax) spaul(à)ci. pacific. wa. us Amendment 10/29/04 »> "Geoffrey C. Kelly" <celldumred@foxinternetnet> 10/28/20044:22:22 AM »> October 28, 2004 Hello Maryanne and others who may read these words. Thank you and the City of Federal Way for permitting me to serve on the stakeholder's committee for our ongoing traffic study, and additionally suggesting attendance at core meetings and comments for related matters. This communication is submitted in support of those deliberations The "issue" of 312 was originally dispatched by Hope Elder who early in our meetings suggested that earlier Councils had been told 312 would not become part of the freeway system. These were not Mrs. Elder's exact words, but my interpretation of them. Essentially, Hot places would get cold first! So is the vision (of the 20 year comprehensive plan) to become reality? And should we really be spending a lot of money on traffic studies assuming a "what if' was an "is"? Options for 312: (A) No nothing, (B) Bridge over 1-5 connecting East and West, (C) Freeway access essentially creating a 312th exit and access point. (D) [unlikely] Possible 1-5 access from 312 or city core access from freeway. Resulting in: (a) neighborhood peace and an unimpacted Steel Lake Park (SLP). (b) Significant increase in local traffic (1000 cars an hour amounts to sixteen movements a minute - there goes the neighborhood!) (c) Huge impact, requiring extensive mitigation. (d) Somewhat less impact, but extensive mitigation still required. Mitigation?: (1) Tunnel (high water table prevents), (2) Flyways (Bridges) Noise, unsightly, dangerous, (3) More lanes (kills the park). Summary: What mitigation! So, yes, Maryanne, this question should be addressed now rather than later. Please permit the following mini-rant. Please refer to TM 6 graphic F-4, Also the eliminated options text in TM-7 (Draft) pg 27. Please permit me the opportunity to address the reasons for elimination of my proposed ring road. My position is that there were and remain huge differences in my original proposal that the consultant's work does not acknowledge and that as a result the wrong local options were carried forward to second level screening. Before beginning, a short tutorial as to where I'm coming from. In my opinion, this isn't rocket science. If you have a street that is packed the only option is to provide alternative options - essentially, divide - the clients will use options most efficiently. Whether or not clients are city core bound visitors or commuters just passing through, both parties would be best served by a road system that permits smoother flows and in this case that means the only way to take traffic off 320 is to put it somewhere else. The focus of the city core user are the shopping options in and around 320th whereas the commuter user's focus is a freeway on or off ramp and the quickest way to transit the areas in which they have no interest. For many of the West of Pacific Highway South (PHS) citizens my ring road suggestion of March 3, 2004 was the local option that deserved serious study and in my opinion today, still deserves serious study - especially in light of the options that did move forward. My suggestion was the ring road and the only missing link was the 14th avenue connector (which was later learned to be a 20 year growth plan freature similar to 312th). 1-5 egress at 312 would be nice, and 1-5 access at 324 would have been nice but both not entirely necessary. So lets pick apart what TM 7 (Pg 27) said about my eliminated option: (1) Variations of the option are carried forward, therefore this option was deemed duplicative. [Yes, the nonessential 312 and 324 options to the freeway are carried forward, but no option carried forward correctly would have accomplished the task of reducing traffic in the 320th area. One option made 320 a one way street and the option that suggested 317 as a one way street ignores the fact that 312 is a heavy carrier of east and west bound western city citizens bound for the freeway ramp on 32Oth. A key element of my proposal is the intent to move western residents as quickly as possible from the intersection of PHS and 312 to a freeway on/off ramp and Q[ the city center. A one way loop at 317 is of marginal help.] (2) Results in partial interchanges, which is against WSDOT and FHWA policy. [Ture, but interchanges are not local options] (3) One way couplet is presented elsewhere. [Discussed in 1 above.] (4) Does not meet minimum interchange spacing requirements. [Similar to 2 above] (5) Impacts to transit system stops, operation and circulation. [Well EXCUSE ME! Should the transit "tail" wag the city "Dog"? Actually, I believe the F-4 proposal has better transit impact than the 317 proposal carried forward! But the thought that transit's 3000 daily commuters (1200 vehicles at the new transit center abuilding and 900 at the existing King County location plus walk ons) should adversely impact the 30,000 who leave town daily - well it leaves a bitter taste. I will acknowledge my numbers are soft and that there are serious concerns. But it does seem to me that wider streets going in the same direction can only benefit transit. Faster flow with fewer "deadman" lanes and room to pass slower busses offsetting pedestrian difficulty in accessing pickup points if they are on the wrong side of the street.] So in summary, I'm not very happy about the treatment afforded my F-4 suggestion. And if it comes to pass the 312 does become a major through way, suspected is that my disappointment level will only raise as it is questioned if my proposals would have mitigated somewhat the impact to SLP and the neighborhood. [Remember that my original proposal was for only a southbound 1-5 offramp under SLP exiting the west side.] In a slightly related matters, I would like to express my disappointment that the freeway access proposals from Dash Point Road and 336th streets did so poorly. It is presumed the Dash Point 1-5 traffic accesses 1-5 via 272 but it is also presumed some of that traffic ends up traveling through the city center and some may actually drive to 272 to access city core businesses at the 1-5/320th intersection rather than driving PHS to the city core. As for 336 an intersection here would remove some 320 traffic and potentially quite a bit if the new church's impact were rolled into the equations. So MaryAnne, in closing I share the frustration of the stakeholder who sees little benefit from these studies when the focus shifts away from keeping commuters out of town to taking somewhat better care of the traffic already there. And the cost of the C2 proposal will boggle the mind. If Auburn can't get a decent exit to its mall from highway 18, just where will our broke State find the money to do anything for us? And I really do resent my essentially local option being "canned" because of the 1-5 interface issues and substitute proposals that do not address the core problem - getting through traffic out of the immediate city core so citizens can actually use 320 as a local street for shopping. Thank you for your attention. Geoffrey Kelly [And a reminder that I do not use 1-5 for commuting, living and working in Federal Way] @) EXHIBIT 4 KING COUNTY METRO AND TRANSIT ISSUES King County Department of Transportation Metro Transit King Street.Center 201 SOl.lth Jackson Street Mail Stol? KSC-TR-O422 Seattle. WA 98104-3856 November 9, 2004 Maryanne Zukowski, Project Manager Federal Way City Center Access Study City of Federal Way, Public Works Department P. O. Box 9718 Federal Way, W A 98063-9718 Dear Ms. Zukowski: Following the last meeting of the Federal Way City Center Access Study on October 19,2004, staff from Sound Transit, King County Metro Transit, and Pierce Transit met to discuss the implications of the alternatives selected for Level 3 evaluation. Our discussions focused on Alternative H4, which would create a one-way loop operating eastbound on South 316th Street, southbound on 23rd Avenue South, westbound on South 324th Street, and northbound on 11th Place South. We would like to offer the following comments as part of the support team staff report: Essential Transit-Supportive Chanees to Alternative H4 Throughout, our analysis assumes that two modifications to Alternative H4 will be adopted. Without these adjustments, transit and park-and-ride garage operations would be dramatically affected in negative ways. Maryanne Zukowski November 9, 2004 Page Two . 21st Avenne South between South 316th and South 324th streets needs to be constructed so that transit routes and park-and-ride garage traffic will be able to access the transit center; and . The existing traffic signal on S. 320th St at 25th Avenue South needs to be relained. When the new transit center opens in 2006, King County Metro Transit plans to operate both Route 174 and Route 194 between the new transit center and the existing Federal Way park-and-ride lot. These two routes will provide a continued midday transit connection for commuters who park at the Federal Way park-and-ride lot. The potential e1.i.mination ofthis signal would jeopardize this planned midday connection by forcing both of these routes to operate a time-consuming routing around Sea-Tac Mall as the only way to return to the transit center. Generøl Comments about Alternative H4 1. The one-way couplet would require a number of King County Metro Transit and Pierce Transit routes to operate on circuitous routing to and from the Federal Way Transit Center now under construction at 23rd Avenue South and South 317th Street. Eight routes would be potentially affected, including routes 174, 181, 182, 187, 194,402,500, and 501. In the case of Metro service, the longer mnning times would require at least seven additional buses just to maintain cmrent service levels on five different routes. Their estimated annual cost would be approximately 33,500 service hours or about $2.7 million annually. Given the current and projected constraints on Metro resources, this incremental operating cost would have to come out of existing service hours jn the Federal Way area or elsewhere in South King County (that is, existing service would have to be decreased by this amount ifno additional resources were available to cover the increased operating costs). 2. The one-way couplet would adversely affect access into and out of the park-and-ride garage under construction as part of SolUld Transit's Federal Way Community Connections project, since South 316th Street and 23rd Avenue South would become one-way arterials. South 316th Street will provide the main access to and from the garage. The effects of diverting traffic to and from the garage during peak hours should be included in the Level 3 evaluation of Alternative H4, 3. One-way transit operation on large superblocks would discourage use of transit in the Federal Way City Center area in a variety of ways: . Walk distances to between bus stops and several major activity centers would increase. The Alternative H4 couplet would worsen the transit access to Sea- Tac Mall by requiring some routes to operate on different streets; Maryanne Zukowski November 9, 2004 Page Three . Bus travel times through the Center City area would increase substantially; and . Couplet operation also will make bus service more complex to understand. For example, in some instances a bus route would serve the same bus stop when going into and when leaving Federal Way. When this happens, customers tend to get confused and board buses going in the opposite direction from their desire. Ultimately, confusing and circuitous route design leads to decreased transit ridership, and is counter to the city's express desire to reduce aulo-dependence in the city center area. 4, The impact of one-way operation on 23rd Avenue South on the planned signal at 23rd Avenue South and South 3l7th Street should be evaluated. The main transit access for both regional and local buses will be through this interseclion. A 1e11gthened green phase favoring southbound traffic movements on 23rd Avenue South could potentially delay buses in and out of the transit center and lengthen transit operating times. 5. The construction of the park-aDd-ride garage does not relieve the need for the existing Federal Way park-and-ride to continue operations and provide parking capacity into the future. The planning for the park-and-ride garage, including extensive discussions among staff of the City of Fed.eral Way, the three transit agencies, and the Washington State Department of Transportation, assumed continued operation of the Fcderal Way park-and- ride, Decisions on long-range changes to transportation facilities serving the city center need to take into account the ramifications for future operation of both park-and-ride facilities. Conclusions In summary, our concerns with Alternative H4 include circuitous routings, lùgher operating costs to provide the same levels of service, hard-to-understand routings for transit customers, and loss of two-way access to potential destinations in the Federal Way city center. This alternative could also potentially compromise access to both park-and-ride facilities in the city center area. King County Metro Transil staff has prepared maps of the individual transit routings under the 2006 transit center operating plan and under the H4 couplet alternative, and. is prepared to discuss specifics about transit operations with members of the CH2M Hill consultant team. A set of these maps is attached to this letter. Sound Transit, King County Metro Transit and Pierce Transit share a common interest and commitment in providing effectivet high quality transit service that supports the transportation and economic development objectives of the City of Federal Way by making transit a more Maryarme Zukowski November 9, 2004 Page Four attractive alternative to single-occupant vehicle use in the city center area. We look forward to continued participation and collaboration on the support team of the Federal Way City Center Access Study to identify potential alternatives that address these objectives. Sincerely, ~~~ Mike Bergman Project Manager) Operations Department u~~ Victor Obeso Supervisor, Service Planning King County Metro ~ SeIÙor Operations Planning Manager Pierce Transit Attachments . . " New I-ð crossing 81 S. 312!h Street provkIes BddIlJonIlI ea&t-west oonnecövlty ATTRI BUTES 05 SCIU!I!NING CIUTl!IUA AbilItY to mœt De8lan SlIIndards' Fundamem.aly meebI WSOOT Design StandllrdSIl8 propoeed. ~ bridge lI\nJc:ture III 5 312\11 S\tM1 would IvMI minImal Impøct It> mainline 1-5 OISf'IItlons IInd 'NOO1d not a1Tect IIXIatIng tfll\lel p8t:l8m8. \~ ",... . <". 'or-' . \ ~~~; S~.¿.~ .... ... . - . 1'1.':......,.. ""', "~L"~, '", ",."A Federal Way LEGEND -- ..,., M.O.V: ....:uecT »"""" COIoI', P\NI ElBo1EN1' -.. IIBIO\IED N- 0' ...... 100 ooø 100 .. t.._" CITY OF FEDERAL WAY CITY CENTER ACCESS STUDY TM-9 LEVEL 2 SCREENING Figure D5.A Concept Design Features + ~ ~ .JIHILL '-I; . ¡ IMPACTS 10 NATUIIAL AND . BUILT DNlIIONIII!NT8 No d!8p/aœmen1B D5 No noise Impad8 on reeldence8 expedad Trat!Ic nolle may Increase In Steell.ak8 Pant No altlœl area Impecta .Â Federal Wðy LEGEND D8TNI JI"'IlO."~ 2O-YENI COIF. PlNI E\BIIEII!' -.. IOØI:M!D N- 01 LJoI88 .. ",,_-'!ID x. t..~" TM-9 LEVEL 2 SCREENING Figure D5.A Concept Environmental Factors + ~~ .. BJ.. - ATTRIBUTE8 H4 Creetes 8 One-way 'ring roed" along S. 316t11, 23rdAve. S, S. 3204111 and 11th P1aœ114I11AY8. South. Eliminate6left-tum confIcb¡ øt the _raI intense<:tlonti. .. ,. .,OOQ Of TM-9 LEVEL 2 SCREENING Figure H4.A Concept Design Features OPTION H4: L316 WB, L324 EB COUPLET + ~!I .81U. ~ ..~ Federal Way EX8'I'NO S.7IoM.Ov"""" JIO.nNI COMP. ...... BØIENT -.. IOØI!M!D --QI""". . - ,.. 0' r " .. .. ,..,000,.,. Figure H4.A Concept Environmental Factors ~ .~ federal Way l1li - ,... I!!IWIW-"IU. ATTIUBUTI!8 E7 C-- 8 One-way couplet between S. 320th and S. 3241t1 øtreeIa. 81mlMIIIs left-turn con!Id! lit severallnl8raectlons. SCRI!.I!NINO CRIT1!RIA AbIIIIv to meet OeaIQn 5œnd..-da: Fundamentatly meeta WSooT Design Stsnd8t't111 all proøosed. .. 1. . 1000 ~ TM-9 LEVEL 2 SCREENING Figure E7.A Concept Design Features pYW .ILL .~~ F='ederal Way - DI8TWG ",..OlOV -.acT 2O-'I!M OOIF. PUIII E\aIEI(T _° ..-0 ..- DIF ..-. J!!I! - ,. IMPACTS TO NA'r\lItAL AND BUILT I!NVlIIIiONMI!NT8 No dlaplaœmenl8 E7 No nòIee Imped8 on ~C88 8X)8CIIId No perk 1mpac18 ....å Federal Way Il1O .. ,... CITY OF FEDERAL WAY CITY CENTER ACCESS STUDY Figure E7.A Concept Environmental Factors OPTION E7: L32O WB, L324 EB COUPLET + ~~ ..1811..1. .. ,.. ,aaaI'T TM-9 LEVEL 2 SCREENING ATTRlBUTI!8 J5 New 1-5 Ct'O88i1g lit S. 324111 Street ~ additional east-west COf'Inec:IMIy. 8C1œ1!NING CltIT1!RIA AbIlity Ie meet Delllan Slandards: Fundsrrørtally meets WSDOT Design Slsndsrde 8e propoaed. .. 1. .1oaa"., TM-9 LEVEL 2 SCREENING Figure J5.A Concept Design Features + ~ ]8 .. IIU... ~v~ Federal Way - - '.. - v.t'i':..,,~'.,,'~ ~~e", .'",. -,"} -:.,:. '-"'..' ' --..'~-I¡; ',. """'J!u"",",'," -,""'-","" -,,'. -,,". i. ,",c ;'~,"Vif."'; ':-;'-j.," -. '.: ',;':.:.' 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AND BUILT ENVIRONMENT J5 No displacements \ .: Noise impacts to residences Tramc noise may Increasa In North Lake Fishing Access tIe 4,:~......1 ð'~G ¡""",..h, rÐ'ŒtJTIA L v/ë'TtAÞJD :DI fA C'f" No direct impacts on TilE species T&E: Threetened end Endangered ,. -.¡ " : " , '.' I¡ (,ëiš ~ ',' .t:: I ^ ¡t:; I: Ñ .( C') I 'A"~ } VI i '1 \y '~ I" of; ," I, as , I.... ,C') c6 Ii I, " , :«:',' .:. ~!^::L~7:ir; - ,,', .""",~~~ " . J .W4"'~"'" I ,"",,;A ~'- '..,~ '. '" . }:~ "~jA,' ::.:.!1:,.¡.¡f'", ,".' ;. ':f~,~1 "",,'.-. ",._-,. 'l"<',."l>:K.!..;r ~{¡:\" ;," ',:-,..~,""",~)(.;_. ' ..--; - "'¡'r:¥<>t~~> :.,.< ~"':;:;.r;" ,::;~.'t:;i~~f';~'f.;5' ~'f..>... ",/~" ,,'" -..",. " (~;t;';1r;~ "'i~;,:;\t1 :.~j,,- ' ' ',;; . ,:( "~"'.I,' Tf};, """'--'C' ',c""f II..,,'" .....,'~ - ' f":'.":~' -",',",',"', '-,'""""~",'r.;',:',,,',,'¡;'~,'"," . :L:;~¡.,,: "'i:L;~"'t ::c;?t- _~,~r:r' ,,', ro""l,"'," ",',,;'1\>-:':,:,-,.. ~. -. - . --,. ~:,.,"":'-I'1 ,7: '~~l~vtÄ', ~-""', ,-",::" '1' -~'-;JI!'~'" -+7'"""~"",!/;'I::t\'"....."¡,:",~".",,,,, ~ f,: :t~ .,Y: : ,,~,'i'::~t,; '~~:<~~.,:,' "', "t., r'~~ :¡"'"'.AW4:,, .," - ."'-=,' .r-~;'--,~;,~,,: ]"..~,::c;..~~~ E. ", '-1.:~' "'f~,..~,>-, "" '", ,'~~' \i ~'. '.:.t;" . !J:~¡:t!~:~~~f...:,.} ';' : ',:, ;,' ---.;""," ,".....,.....:f~,.~,-~..,¿~ ,..^~ ~~~~""'f:. , ""0"'- ,,' '" "'~'" ...- """""";'-~1.~"," ',-";J¡¡-.~:. ' ,N . -0 .\,"'~,..: '~~;.., ., Ji,' : " "'~"'" ". .:.i' II!, ","'- )~, ";..'4'; 1 I':,,"¡' " '~_. - . <!...... ~ ...,'~ federal Way ... 'CICIO ,.... Figure J5.B Concept Environmental Factors + OPTION J5: L312 EW, L324 EW L32 NS, L 13 NS - . , '."OOOFT TM.9 LEVEL 2 SCREENING CN2MI-IILL ,:.Tt8nd '. ~ ¡ ATTRIBUTES >! UIIIIZe8 a lingle IIgnaIlzed IntenectIon at ,i..."..., S. 32Oth StrIIel Allows for almlJtøneous 1eft.1\m IT1O\IIII118I'1 C1 t..oœ" TM-9 LEVEL 2 SCREENING Figure C1.A Concept Design Features .. ISI !II ... 8.L ~ "..~~ Federal Way J!!!! .. IOD - x. . .J L . ", 'r,t,',"" ','.~ A ,.. ". :-, . .. . . .." . .! ~ :..",,~ federal Wõry - - 1".400FT .. '" '. ji' C1 IMPACTS TO NATURAL AND 8UILT ENVIRONMeNTS ;;- .. . , '\ ,¡ ; oM .:.;. .:.. ~o dlsplecemenl$ No noise ¡TJ1)IICIS ox¡¡ected '" . ) J } . .. ., 1 ,f I:, ., ",', J!!III CliY OF FEDERAL WAY Crry CENTER ACCESS STUDY +..' Figure C1.8 Concept Environmental Factors TM-9 LEVEL 2 SCREENING "~:~'J{~';:~¡i. . JÆ~~3~~~':.~'-; .."" -~ .""", -'T~~' ¡~ , - 5e8Tac "'" Mell ~, ,; . . ....~ ;".." . ! ' . ,. \ ).'-- . c,' ',", " f ' ~=1:..':,gS32Q!n'_OQO""""""""1d :.'" ~>,' """II:, -,-""""""",CompIe.._",,,,_wcuOd - , ,,'" .' _nln..-ntIa Idltn.ø>oo,',I0,""""'_,, ""', ",-, ""~",'.",,,,',', - ~~ . '--.'...- -- "..iI.""...:"'""""""",,;,'i?t-." .' ~ """, *'<',',',."","""""."~"",,,'. '!iI,',';"',',,~,,',,'".', ""'."""'-",', .","., ~.",. "to"" "',' ~t,,~....... ' , .~,~ '.. '" . :..:'; '..,.~:';';'~ ." ,-~~\'J.Jç:~.,,'" """"" ~..,,' 0, ,",' - ':-- ,.. '..,.,. '.. ":';/:'. ,:~,;' .. :.;~Y':~;b;i~,i:~:\>:.' '. .,' :' . ':' ~-,,- . ". .. " ; , .'; 'i,"" ,""":, ',' " ..:, '. i i .. t , " ; I ~ .' ' " " i~]-.. ,'.' .~:':'.î", \'~~. 1 IMPA,CTSTONATURALAND C2 ""t' ~!, 1 ::k¡'" ,~"Aw(,'~ \." ",;""",""'9,_1 -i/ "",."" : BUILT ENVIRONMENTS V1 ~', t : .' .~' .....-:..:: "..,J.:. '., . - r '.. ,.,~,""~ "'(1)\,... n ,,' " ....,""'(. "Y"', ~ No displacements SHEET1."ì '" ,,' ..,".' -.~'-'~'/:" ~ ,\(0) i;. ,t '¡') ,J~, -~-' f" ," '" Noise ,mpac1son condos near 312th St ramps ", ,t 7' ""CII, ., iÞ-,",,'L,"'. ' , '~".. ',J '.',- ,1-. "',J"':,:r"~".'t,.. '" Traffic noise may increase in Steel Lake Park I, """",. ' i ' ...- . .Ji. r" ",' f"oŒ"'T1A~ WETLA/.1.Þ t J\#FER. ,~' ,-~, ", 1'! í"(','; "... +1..r~i.I!'"r..i~paol8 '~A~T'S ",r,"',~" 'f':-.'> ",,' _\ ",,{.'.'," ~~,'~:1'" ,J ,..¡ '~.' .", ,,'P', f' :- '-" No direct Impacts on T&E species . t I ).1 ,-... ì' ~~' .¡ , "". T&ETh_.f1(E~e<I . ,'ì 'It'.' ~ ft~," """~/'~ '(.. .. 't' "'¡¡ " . '.'~~"'~"'.7~"" , ".' ~.!~. ' ",_!':"""4',.'~"': . 7~,'..~,~~~~;=... -:- ~'1P~~:' ,,' JI".r1"'....",r. "',"'.,' , ,"'" ',11,":;"'-' ' 11., I' -tZV' ~';;,..,~ -.. ,. ,'. : 'r ....... -", . . -#'... :---- ~, :../1" ,,"' '~, .Þ,' :'-4\'-, 'I- .. "",'" , 'n:.......:.-" I. '--... ' . ""\"I"':":"""I"~';"'- ". '~ . ,......' ; ,~..; " .. tt-:...U ~ ". ~ ,:,' . - . ~~, ,"I.." - "'. -~,...,', Iv I. . . \ I 'f" ,.., .. '- " '- SeaTac "".,' Mall ~.:,' . ' , ": .,", <to ". , ": . ," ,~1 1), , . I < .. , . '. ¡ ?' T- , .. " ~" f:: : ì' : " "',. 'J,. ""10 -".. ""'" ,.. ... CITY OF FEDERAL WAY , CITY CENTER ACCESS STUDY TM-9 LEVEL 2 SCREENING Figure C2 V1.B1 Concept Environmental Factors + " . 400 FT ., ...:¿ ..";: IMPACTS TO NATURAL AND C2 ! )' ;:~,' ,,~...} BUILT ENVIRONMENTS V1 ~"~1r" , "I;IJO},¡'.J, ' .,. I No displacemenls SHEET 2 ~, ""'~~ ' ? \*' ;¡';> ,'" .,.;,' \.~ ' . Noise impscts on condos near 312th 51. ramps ',. '-':':fl',g ~1' tr.,:.'t:iI:..+~ Traffic noise may Increase In Steel lake Par\( .' ,., ; fÞreÑT1AJ. WETLAND IM1AGT$ '-~j^. "",... 'j *.erltICðlð,ðal",l'o"t>, ¡;s k.... '~', ',' , '~,,', ',' iJ No d,irect impacts on T&E species ." '. ,:" ..":1" , :.¡ .~'~ .... ',\ ~r~' '~~ T&E,Th<ea_d8ndEnd8/1g«ed ""',',~',t"~,..J',~,,','f"".',,,,',"" '""",,----- > . 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' '~. ."..;. , \., ,] ~ ' No displacements SHEET 1 ~" ~ ""~ .j "",~~ -'.. ,.ç.."~, ~ ti.', '~,4 , Noiseimpac:soncondosnear312thSt. ramps ,¡ '1. ': ' '. '. } ..~ " :1:,",.1'0'" . . ',Î(¡) , , Tra'llc noise may Increase in SI~el Lake Park ':- :'f" .:' '" ¡! ".., : ?, '~" ,,' I ,. D'I'9J11AL. wETLAAI D ~ ~ .~ ' ' . .- . '," ,,~, ": ' ~ . I t..rir.A!la,~gl""",~b!. ;¡:;~'Ácr:s :"y'< . ,¡.' i() , A': . .... .,:", .' ~ No direct Impecls on T&E species 1.1,.. ",,', '... '" ~'E 'Ive....."" II<'d Endong- , . t: I . , .. J' i" ~ ¡ ,~ " '1., ~ ~. ~_. ""~,;"""","','"",' ' , '-.. . ';) ~, '.." ;,:. I . " . ", . . : ".. " ;,,' l,' ' ,:. , , , ' .' 'dI'. .~.q..; "'" ;4:"~" -'. -..t', ',.0 .. " ' , ' ~.. .~i."";"'t~,,: ,'.' ". "Y,~""",.,_., . "-i. ," ':," f'II" ¡.... , .~ '. ,..,~ti;':",.lt :' '" ::.:r._~....1Of.,. >'-tt,Þ' " . '~;,' . " ;fOf,..."--,,, ~,,'.",",,',',' -,,~~,"C"""",""""""""'" , '~," . ""-'",, ".# ""'~,,' "'. 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WenA"ø i S\JFfCIl. ,""" .t ,.,. i Nv~,lIIðIlI8._I".~g"l~ :I'M'-ACT$ 'f,' " 1..',' ~' .'~ NodlrectlmpactsonT&Espedes .:" .;.,.., -' ,,' ~..,: "~ T&E:T"""'_ondE~nod 1< '~I .~-"" 't\','iiV", ~,",',""'~',.,.;i';'!P",,',.""*""',"" " ";, »" '," . -' ~ \""1:.~1\íoo .~,f.:7- " '.. '. ,oil .' t" . T~~ 11"\ '. ' 'r~,"" ',~ :. , .".&1'....;: 'þ - ~,- .'~, ,'It f .¡.,..,...gN¡ .¡i'I,",,' :""'"...... " ,". '. :'rl",~ ..t.."~;::¡..j,,..1"" ., = " " "":.""""~~""¡,,¿'W.,-,,,,,,..., , "'-,',,~,,~...,.....,' ," ,.~... ." . '.,,;'f- . ,- >., '~"J" '",. '" """",,',.,,"'.",",',',.',,'_,.'"'""",~"".",,,..,',,',,' '- '.."\.",'.,',','.,'-,'1">"""." -', ,~', ,"¡;¡;'Jt' .. "'". ~., '~..- ", "'"oii..~-"~ "'w" ,'. , ' '.,. " " ". . "~.;!~ ~,...~. ,~ ",1""""'Il"""', ~~".,J' ,','"r~~ð :;','-;;"'~~'," ",'- ':,(,',,':',,':~ ,,',3".,:",',',('~ '," ,,:. ,,~~ .,;C, -.r'. ,!II!' ~"'(f,~\) -- .,IF' " fI':~ > " :i.N ~;¡" T... . ..,.p ";~,"t,., ,'~"", ,"'~""?'o:V ',,',',,', ,'" 11M'"" ,,^,' . .'..- ." '.' 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I ,,' ,.;.,..~! p '~I':. , r ,'- f ,';" .,YJli I No dlsolacell'eots SHEET 1 .. t- ' , ' - - ' "to) ."',, , , l'""" ;; ~ " ;, I NOlselmpactsonCOnc!3S'II'.!Ir312thSt.ramps '1,: ',' ""',' ,,-.) '!' i" I Tralllc noise may Increase 'n Steel Lake Pari< , ~>' :,. . " ' .." ..." " :~rp -,' PDrENTTAL. wEr'LAÞJþ ~ 811FÆ1! I '11 I, ~' {, . f. .' ~t,lð....tleðlð,~g.""gd., "'X',I4.,, " II,CU ",-,'.,'.',"".,'~ ,'," ,,' ',"",'",."."'.,'.,',"':""".""",',. ,',,",' ,,~1, "J;"'\r'I'" .'~; Nodirectlrnpactso~T&Especies ,r 1'1, /. '~p \ ,,"," ~,' ""¡' . .,It,_, , 'r~ "'I' '." TIE T_oea"" Enclong.... ' , I' ',., riff ' ' ,'" , . '.,. .;' l ' "'. --'t~",'='~;J'T'.:.."" ~ 011)";" -", -;", ,j, , I " ' ~:..." .Þ " .,fIr ._..iP~..:--" ,"~ft'~~.~: ',: t ,'" ".~~... ".. . )"J....c,~' -.. ' I"" ~~ ~"""""']'. '" '- :: ,'" "", ' """",;"" r-'i!:(ofiIIiP. : I . ~" i'C"', ,I " , ;1:'. ""'-- ~ ' ,'. "','-"""""~',-,',',"",",,',",I"~'""""",'"".,,,,',, ',' ", :""I{.,.,~ "'!";.,......".,""~... ..; . ", . "':..~ ~: , .~,~." .l:"--L~j~' :;':: ~;:." <-",.... "'-"" ~""'~ ,~,' " -:.'~- ~ ~..--", """. " .or. , -" ~, . '" SeaTac Mall I. ' fl' ;,,' . " , I, , . '," 'Future Transit i U,Cénter .. ". ,i~" .n ,~ I i' ,;, : '\ ,'. . 23rdAve. S ' ,e'1' " ¡., : .I 'J '} \ .~ .~. ': .." : ,: I I ~'H,..".. " x. 1..4OOFT TM-9 LEVEL 2 SCREENING Figure C2 V3.B1 Concept Environmental Factors OPTION C2 V3: N312 M320 DIAMND CD MOD. + SHEET 1 of2 ~ '."...~ Federal Way "" ~ "" : . ", I I . ,t ~ø"" '. "",,", , ì J . ,(">i ,. . IMPACTS TO NATURAL AND '~)J BUILT ENVIRONMENTS ',:. . ) No dISplacements ,'" !Í S..",!... " '. Noise Impacts on condos near 312th SI. ramps \ '; f-" 4:' ""V ;;it'r,¡FS Traffic noise may Increase In Steel Lake Park .. uV ' ~'j f'ØTENrIAL ~Þ.,Þ . SVFç:Et. ~~, """."~ ,~"I ~","",,~I.~~"'q111~ rMM~ ;¡:;¡. ",', '" J¡,.,~ ,",~ ~~"",.. '~,:. ",:1 No dire d impacts on T&Especies , ,~\ ~""~ +"',.~" >, ""!!',, ,'., T&E,T1na, ",,_andEndango>ed " ,.", I " ' .~" M "'!"", ",,'.,";";:""r <t1' ','" '...- " ,:.- ;. ..." . .J_~"'~1I!~ .."" ' ".. ." -- ,. - ~ ^""'~'1'^ '~,.1~\ """, "'" . , f;. -. ' .. ,':_d. ";"¡.: ,; ,~.' ,-, ,~ 't 'P '" ~ ft ]:.. '~' .,'~:e ...t,~!!.,,~'3', "'¡io:r'""~,,,, ~ , 11 " ",,"- ~,~'W... ~~-'-'" ~~~':, '" , ,.'~". ,"" '~'-" ¡ ',I' >,;Z..'~-,~ .., .~. .: .. ',.'~i'f = ".....' ""', ,." ~ " :.. 'f!", ,þ~" ~ " ~ " '~~';. ~ ,;. J' ,~.: " :. ~, -' . '¡r,....." """,1""""""--' " ,"""",' '.. , ",',"'\r ,... ir.' ,} "",..., """'~,¡)"':~\':.. ,"'.. J;¡yt:!" ,....'. "':'" , r~ "'~"'.",1,'#I"'.~','..,""'.~,1 ~,"F '",;.",..' .;, '!;.~".,.::",.'.Ii; "'; ~~-, a."" \.~'. . ~ I """""",~, i".~7',,;',"""'- 4, ' " ....... :: , . ..'- -'~--":¡:;"""~f""' '" .~ ~.,~. """.'. .~'. k. <' ..:..~ "-.. ~, .' . ,>¡r.....~.. ".~~Ru.."",'t...t' ...'" " <to - >, r.¡ """ ".. .... , .#.í ",...,t...-.. ..,.. ':'.... f ,.. ',..' "'.." " . , ,.;.1\.j ~qJ!~:Jt.._~,J; , "~..¡¿". ':J.~~it1~~~~~~~ , ,,' ~.....,' 'f> ~ .... ,'. ,.,. C2 V3 SHEET 2 ..,... " ¡J' t . I, .. w.-, fI"' "0400FT TM.9 LEVEL 2 SCREENING Figure C2 V3.B2 Concept Environmental Factors """.t OPTION C2 V3: N312 M320 DIAMND CD MOD. + .. SHEET 2 of 2 '~ . ""..A Federal Way ... <CO ... x. : '" /1 '..<4GOn OPTION C2 V3: N312 M320 DIAMND CD MOO. + BRAIDED RAMP DETAIL ~W .. a.L - -------'III ~~~~ ~~~'!ê"'" ... "r"="'W:~~ A~~'J~~ . .. , /(= I".. ATTIIII8U"'U C2: '" .; ¡; " C>~. J .'. ""......'- ..=-uS ",.. .""',J"...".... V4 .....~ ,"'" """III~\, ............",...........-:""....",.., ",--' ~.' ..... ' """"""~""",--""-,,,,,50<'" 0",,<'" . - " , '", ' . ICR~~I- CRITDIA ' ' ;' Þ" .:." ~7~':::';;.~.:.~;......:~.~~.~;;" . _."'~ ~ I "; ,.' '""" Ooo",....."",<........."..""",.._.....,......".:.-o..~.. \ "';' " -- ;¡v'x, "-- "",........ . . 'r~ .. J ;,. . ~ i#, " ~"f,~;,~,!"-.;,,. :1;1"- "'-~~nouwn."'~"""""""'" -'. ~ .,. _.......c,""""""-""""""""".""""""""""'. , ~, ' """"""",',-,........ t'J. ....~. ' --~ " -, '. '. ' . ----~ .~.. :-0-.' ~... ~ i "..,;¡; ~. ,Þ'" ,.-""" '~~~~:'..-,~~Þ':4f.. ~., t ' ,.' " -- ," ' i;' 888T.c I' ", Mol! ' , - ~. . - H; : I t,- ' '~2\: I ;. - .. .. 0 " " . " ,", "" -r. " .', " "'-".'.' . ",.-- .. ,. . .. SeaTac Mall I' ¡. .. \ '; r¡".., "--'" :c "-,, : . , , I ',' I ,\ ' .,:" " 1 \ .. . , ¡ ;'-"'-:l1J.'.- ~~,. " .,-' ';" ,t" ")', 'I ' , , '. . ~ '" . , IMPACTS TO NATURAL AND C2', ~,' , ;.\.. ,,'.~ '~" ',' , ,) " ";;'~ ',,~'., ~.. BUILT ENVIRONMENTS V4" ~:, t"" """""W;...: '". ." "- r r"'" .,.;>, ~(I), Up to 3 residential displacements SHEET 1 . '¡'-Þ, \." ¡" [-1 :, , ',.,., ,',;'IfIf",,: '" "'l ',' j "IoiSIl :mpacts on condos near 312th SI. '. ' :' ,'" """" ~ ',. r ',- I ramO9 and homes near 3241h 5t extension ',. :- , .. , , ,. ; 4> <.. ,'. , ..., .... , ....' ,'; f"> ", ~ Traffic noise may increase in Steel Lake Park"'" '", '", 'Y, :' "fI: ' , fO~tfTlAL ..;Eíl,).ND 1 N'ÆR. ' .~~ I . ," . ,"" . ; :':: i Hal. ü""'ø,gg"""gd.. ¡lAtt4CTS ,; 1 / ,,~ ~ '. ,. ~, 1 I", ~ '7"','fjjt , ' Nodirecti~CI9o"T&Especies . \. ' ~:~ ,L,. /'l~,\' '1,"'0 ,,- T&E,n......""IIndEndonp","" , ,~'","" -~ ""',"" ,,-, ,.,,~' .. \ -. ','" , ,-- '" . ., .-:'7~W'-- " -, ' , ..' ,', ,~,..,.,."",;:", -"~if?,~"", "',', ".','~"""','"""""'".,,,,,",,'" ,~ ""'~!IJ-.nz~.~"':..:"', ',..- .J '.- ,.',.'.' ! """"":r~~"~',l'.""" """"'è"':'!'~ , ~; ! ". '- '-'{~ ;~"'."""" - :"1' '-,"'- ',,", .,', J~ ~~.... ..1, . :.. .. '.. I",,;~ ~t1.., " ".1-. ""<"""', ' .. . ,"'- '>.. ,..~ ""r:,'~...'-;'r,.,.,"t<-"': ", ,<.. \ "*. NOIII -, "'........' . ~J",C.I IMPACTS, "~"" "",-'~, .c:.w.', '," """"""...< ~' """'~' ~" '. "", ""->- ", . , ~~ ,,'. '..... . . . 1 '" . . ", \ .. ,I 1. . «JO FT TM-9 LEVEL 2 SCREENING Figure C2 V4.B1 OPTION C2 V4: N312 N324 M320 BRAIDED CD Concept Environmental Factors + SHEET 1 of 2 ~ ..,.~ Federal Way ... ... ... x> '..4410" CITY OF FEDERAL WAY CrTY CENTER ACCESS STUDY TM-9 LEVEL 2 SCREENING -:-. -" - OPTION C2 V4: N312 N324 M320 BRAIDED CD + BRAIDED RAMP DETAIL IS8W-. . I :!""" ',.. .'., ':"# ""',", IMPACTS TO NATURAL AND BUILT ENVIRONMENTS C2 V4 SHEET 2 ~ f " , ,':"J' , '.' ~~T' , '- ), '~ "', '"",-, -,,". ""1."J.¥, . " ,~,. ,'" .' \ ~f' ", X' . - ' .~~'.,~.,.. -, , I~~' -. 1 ~ :~1"1 '. , ",," .":V' . ~- . ' ~ ..' - ,', ,'~ . I t,'. ...-, I!ID «10 t!IO CITY OF FEDERAL WAY CITY CENTER ACCESS STUDY TM-9 LEVEL 2 SCREENING Figure C2 V4.B2 Concept Environmental Factors ,-..' "'to' ~ OPTION C2 V4: N312 N324 M320 BRAIDED CD + "" SHEET 2 of 2 CH2MHILL .. 1.' 400FT J:. ,. 0: . . - --~ !DO CITY OF FEDERAL WAY CITY CENTER ACCESS STUDY TM-9 LEVEL 2 SCREENING Figure D4 V1.A Concept Design Features + x. "._" ..._m.. . J,,: . T ',". .. ' '........., " 'i "" ~,. ' """""¡¡¡ ", / ... ", ~ ' ., ~;¡:rimJ"'C'" "';,,' 'Ý"""~' ... ,1."",,'1, . , f' , 1\: D4'-" "'. , 'I,',' "', ", ~ " . ,. .' 'Vi,. '. ...- ,.. . ",ONATVRALAN. V1 "~.,,.. \.. .,' \ ~ . "c. - ':,'"" I. Fuw,? :::'?'f'-...."",. !(.,. ft ." .;. . tIlJ-", " , (.0 ',',., ì "','", ; ~ SeaTae I," I , 1,' T~nst 'h" , :'}.~ 18' . "!II.,- . . ~v!" Moll. '~~Center I.: ."..- "'.. ',' , , 324IhStextenslon",;"",;"" '""..) "",',',þ,\""",."" , , ,'~' _5_' . "'" T 'j¡< , " ' ,-,~oo ' '" '. °, ", - ,;,' ~, - (, -- , ",c"".", - ., '. ' , '. , , 1, '..', < . \1" t"':! "~' ' , ", ..' " 0- "'c , '". .. ,,-' ," "'¡, ,.' ' ' . 'c , . '.. "'. , 23n1Ave, S ; , .. ". . ., .' .. . ., J, , , . "",," i:".' " , , .. '.'" .~" , 8. ",.,';""'" ~ 4. . ':r i' ;'" " ~ i".:. .~.', ,'~, "I,',,"," ~' :,",' :, ",."'~,,,J-"t'A-~~"'" ,""', &1, :y'ø¡,I~.. m8v,I"S,i~,rM,'~'t" "~,:-t :,: -, t".'~.,..', - "', """':;!", """'~tlMri' ,L'I¡",t"" :.'~ " '~ ~'" '0 :': ~~, ""'"I,'"","'~, !,"1:,"~:"""." '" 1.""~CfJY}"r,,.:¡..;-,(~;;~,;~~..: ~.}o-",.:rL1: ~ , , ", - , "'" 'd ',--.. .. ". ~, " .0 # '~.", ,..., . . % '. , i"""~. , "" . ".. .0""" '. " . I", ,IØ"... ::..' ',' ~'"""".."""",,,.,, .",'.Î','~,."'.AII;~",II."""'",,,,~,,,~""."'+""""',';","",1':,,0",,1'-~"'",',:"T"',I'"f,,!,",;l ,', ',"'¡"",-<" ., ...-.' '", ",-, , " '. ',.. ~ .' ""r " .. '" ",:' .'~ ' ,1", " '", .. " "" . ' ~. "". "'.,°, t' ï .',. /'0 ,..-, . ~'_.o......." '. 0 -" : ~..- ') '" "~", 11\1 ...., "'-0.- ,- ,0. 00", " ",0 -"'k, " ',- - '.... -.. "" _.'" ~"*",' ""'L,. ,.0 "f"":'" , 1- Pa~I\,"':,. ',' , :; ~ "'".,.M',iÞ-:::',""""¡'¡, . 0 ,0 . . '-. "". " "'0'", ", "'" "'" "'. ~oI.t---.,.a" ~.,., t- ~,."","','- - ,&',."""'""""",,,',,H.. "",", :,1_.,1, I"""(/)~.-"¡"';"-"""""""'," " . , """"," .""- ,",. ,-, /~ NOISE Rid' ',',,¡-. '".-""', , """"-, --..r<~,..", ,'" '-- , ------"::""""'r,p ..' 'I '. M""CTS ," ,81"",t, ""'1' '~". , '0 '~,""" , ' . " "'" t - , 0, , '-.i;¡< "'" " ' " , , --:.. .. .~'~ ,- ""'¡: '\-" '\' ~" 'I'.~ #;"01: I ~ . "- . :.: '-.~ <~ . .d._.- ': '<:.,.:-::- ';1 - "'-""', ~"...~.,' .& ,..'.~ "'I. . ""'~' ~,~ . . '"', . , ",", '. , '> ~. ~ """""'. . '~'" '. ~..' .. '-I' ~. .", .~ ~¥"""'" ,.," T:i~', 'T. '. -W:,..' - ",'4',"~. . '0 ~$ 9;-.. ,.,~" ", " n ! . . . ""2~r(O,ve. s' ) J} i.) :' . -~"~l .~, 32nd .... ~ '",..~ Federal Way ... .... !!10 CITY OF FEDERAL WAY CITY CENTER ACCESS STUDY TM-9 LEVEL 2 SCREENING Figure D4 V1.B Concept Environmental Factors mt..-HILL ".400FT x . ,- ATTlllIIUTU f>r'ovtdee ~ .5 accns lit S. 324111 SIrMl Providea eddltlonlll eal-wftl connectlYlty. f'IoYkI8S IInlœge 10 Weyert1aeu!l8f Wrty South. ~ ~ 1 <'! SeaTøc ., Mall 8CItI!1!NlNO CIUTl!JtIA .' '0.400" TM-9 LEVEL 2 SCREENING Figure D4 V2.A Concept Design Features + .l':!!MW-" .~ ~ ..o~ F'ederalWay .. ------- - .. .,..~ '(~1' IMPACTS TO NATURAL AND ;7 ',' (i," , I, BUILT ENVIRONMENTS 04 ~" þ ",", ~;...: V2, \;1 , ~' Up to 3 residen\Jal displacements r ': ..,4' .' \ ' Noise Impacts o~ homes near 324th SI extension , ~ ¡. ' ,~, ~,' and OI1"arnp '. . ,¡ . ~ - ¡ . . .' ,~. ," "".~ i ~,~~, . è>. . ,,~, " , o,.~ " .. 1- " ., , \,,\~I . : (¡ , ' , "",1 " ",'C \,'~ ;.", 1'" ¡ , '" ~ " 'PO- .., '~" : ".. 'I~'; ,.~" "n'" I .. . ~¡çn '~. ~ - SeaTac ;', "'.', '~Future ' ,,' :~',J,."Co, " Mall~, ' !"""", T~nsit " ';- ¡' HCenter .' ø ~ , ,1,' I "" ¡:' " ¡if. "~~d'ÃveS" t ' ,) " ! 'l . .. "'..' ¡"/' 23rdAve:s ' ,4 ...I, '" ? it "i ,;; \'~ \~ i ""r en ',~' '.', !",!' I .. ') Ÿ ~ "0 ,.. 1.1 ',.'.,.'.,...','d"'.',"O", ",.'..,""~,."'~"...,,,'~',',,."."~~"".'.,,',,',",.~,," ".Þ.,'Ì, ~'.".,.,',.'.,,"",,'.,,",.. :,,",.".,,'.".','..,,,"",.,' ,."',',"'";~.,,,,,,_.>;, , "'r.- . ,Iio'", "~y. ,~, yt..¡ ¡-, ..~~," ;;',','" ,;. ~, . .,' .... ~ ~ ' , " "Rømôve S~nsl" , .,...;; " .}" -" ,I & . -en ' ..~' 1" , , /'l>I~' ;,.;..1 '~~::~. ... ';,' '.r~, , "'1":-> (f)Pli?nf, "': ~ ~\;';""';', t "l: . Wl~'z;,;¡ 1J!!!!. """ .. . ,~f ¡, 'r ' ., ", "'Mp¡v;..,~~ """1', "" 'i '. .,/'" ,'ëiš~:,;",,\: _/,1; , ,,".,~........ s..,.,. ..,~ ,< '1_1""""" ,'-1"/ roB", ,', "',"", :~', ',..-.., \ t,"',"}"'," 'r,',,'," fé' ,,'W',I-.'¡ ,,-:,;-,\ .:::' ~';~,r";,:',.l< ~,,13~, f", """,;,.:', """",; I' ("-"IJ)',l~,.¡.¡J..""". ,'d£UIF'. I \."!~' ,', , , , . .: I' , '" ~ ' \ 'I I " """,' ",1 "".", "~,'r",'"'"""c",":9.":,' I It", ~ . 0 -""""""-" ,'.....JJ....-.v':, \.."."", ";.'}':$:.:~:W" ,-- ..-- ,*",", ",,;a",,',"" " ¡',~~"',"""".'1$,:'":.,..".,.",,, "L":"',,,,,.:. r"""" ,.. ,.,f' .. "', .......~ .', ".a, ..~" ,--\ '\~, ,;¡;:' :i' " ,.~tf ',.,""",""" ,,-'~"-,,',.',:, " ' ~.. " . .. r-. .. ," .,,¡,- " '-... Iii' ""...'lìü""','" , .' ", ,+~, . .. , ',' 'lit .. " '! .. ,.. ...-"¡' ", . , , Trafl'lC noise may ,"crease al North Lake FIshIng Access ~ ,.. .. \ .~. ' .... . p ,¡. t' '. "I """""" , êi5 ','I' -) , '" f~..- f, ~ .. -..t' ,..', -.-r,..,-,¡ , " <',:.">,',,;,:V',, '--:';,1' """,'~ ",,",'u. ", ~~..,;... , :-'tl(l).;.,;;;~ ,~".."":' ... ,~ '. ',~ <,11 .;¡ ' ~::en ? 5""" ,.. 'f't' , ,é)'. ,,4"", " ,J. " W " ,.. ", .:t yeS' ":..-, ..._:",,' ;,;', ",: ",""","".~" , ".<io.:',"... .. ' ;;f', ':s:.~,' ..~. tI:r.",~, ,t".,.. ',.", .",. , ' ,,~i~.i;t ž- '" -, ï. OPTION D4 V2: N324 1/2 DIAMND M320 ". ":""-~f..-l ,':~ ,. . - I'T TM-9 LEVEL 2 SCREENING Figure 04 V2,B Concept Environmental Factors +.. ~ ""N~ Federal Way ... ... ... x' .,.. . .... it' ATTRlBUTI!8 -! PnMdn new I-ó 8CC8II8 8t S. 3O4th StnJøl A5 Provtd.. 8dcttion8f eaat-wwt çenneclMty. AbIItv to me.! DeeIan Standønjs; Fundamentally meets WSOOT De8lgn Standfll11s as proposed. .. ".<IGD" TM-9 LEVEL 2 SCREENING Figure A5.A Concept Design Features +- I ~ ..III R.l ~ """.~ Federal Way D. ... OIl - ... .', 'r '~,. ~ '"',.~ Federal Way 2CIO 400 Il1O 1'.400FT X> Figure AS.S Concept Environmental Factors +. x' ".400" , 1 . ,r~..--...... CITY OF FEDERAL WAY CITY CENTER ACCESS STUDY TM-9 LEVEL 2 SCREENING Figure F6.A Concept Design Features '1 . - OPTION Fe: N288 DIAMND ¡¡r~A t8deral Way . ~- .. ... + ~-.. I '1 . ., 'J ~-¡ , . .,- ~"'-.....--. CITY OF FEDERAL WAY CITY CENTER ACCESS STIJDY TM-9 LEVEL 2 SCREENING o:-~ ~ ~Ðderal Way - .. - t'.aPT x. Figure F6.A Concept Environmental Factors +. ~!IIl.III a.L ATTRlIIUTU ProIItdes new I-ð IICC88I 81 S. 298Ih Slr881 wtth 8 '- ca~nectJon 10 D88h Potrt Reed. Provtd.. addIt'OO8l 8II1II--' 118\wor1( comect:vfly. 8CReDlINO CIlITeIlIA AbI':Y to :!It!IJ2Itill2.SJI!!J~ Fu'1d8rnerlal'y meets WSOOT DesIgn Stønc!ards R8 p!'DpO88d. Con8IrucIIon Sblalna' Con8trudIon ol r- 8!11.1Ctol1'8 CMlr 1-5 mainline al S. 298lh SIrNt 8nd of . ~ I'D8dW8y .'lgnl118l'll along S. 2!181h SInI8I bIItwIIe~ SR-W at'd Dean Poi,,! Rœd would extønd Ihø conltructlon ach8duie 8nd po\8'1t18Jy C:18r.Jpt 81de1Ing InlveI petterr.a ..7.à Federal Wiry LEGEND EXI8TWG - I""MOY-..cr - lO-'lfNlOIM'.I'IMEISIEIIT -- .m""" -.wID x. N~OI'- .. ""- TM-9 LEVEL 2 SCREENING Figure I 2.A Concept Design Features OPTION I 2: N296 DIAMND L298 '..400" + ISIW-" -.L " r ,. ,. -: - , I' 1".4OOFT TM-9 LEVEL 2 SCREENING Figure I 2.B Concept Environmental Factors <~~å Federal Way LEGEND DISTINO - J""H.o.y.PAO.ECT ""YI!NO<XM'."""""""'" - _° _u..... AIIUO\IB) x > ...-- OF LN<£8 2!!Ø_.'" «JO CH2MHILL J3 PIO\IkIeI -- ;-5 &cœ88 81 S. 336th BInIe'., SCREENING CRITERIA A:II1tv 10 meet DellIa~ SIB/ldard.' '!;-..;,¡ Dr8l.ll11C8 to SR-18 lnI8-::hange ..!Do ahort Ie slow adeQuats wMVt'IQ dlll'JlnCII. Note:DeI.gn modficstlon 10 ul'lze CD I8nøs or br8lded ramp' wo.Jld aI!ow Opt.io~ to nwet WSDOT De8Ign SløndørdL JJ Optic'! would ntqu!1'II ødcltlor...1 ccordll18:1an W'th the 1-5ISR.18 TnllnQ'Ð Prnjoct. x' "'400" TM-9 LEVEL 2 SCREENING Figure J3.A Concept Design Features + ISII ... I ....~ Federal Way JI!!! .. ... - ¡&...~..~~ ',' I . " /11Þ ~ \ ~ .., " ".:!, d' " .,?,"'"""', J'~~: \!II' , , ',,"'" .... ,._'VO, IMPACTS TO NATURAL AND BUILT ENVIRONMENTS Up to 8 residential displacements Noise lmøects 10 residences near ramps TraffIC noise '11ay Increase In Thompson Pa'" Two acssings 01 a stream by ramps, -Pøn~L Wf!TLAN~ JM'ACT$ Siream is 8 tributary 10 Hytebos Creek, which may contaIn T&E species TIE Th...l8nod - Enoonç..., .' ..~ .; , . j ",.. . - II l 00' - .. r ~; ....: -, ~". , ;,. :, 'j.: 4 ,...' '~ , ~ !Oi).' ~' ,r ;0 ... ..- :> ,. . ! . .. . '1 ~ , ,- '~- .. -,r1 ; ... ,.t~ ',. . ,,- , ..,.. , ,'~ I~. '-. .. . .' '. ... "" - CITY OF FEDERAL WAY CITY CENTER ACCESS STUDY Figure J3.B Concept Environmental Factors OPTION J3: N336 PARClO2 NWNE ..... III.. .#--.: ...... "f . . "='IJO" TM-9 LEVEL 2 SCREENING CH2MHlLL MF~TING DATE: ~7 Ne'.'~~r liJ, 2004 ITEM# JL(hl CITY OF FEDERAL WAY City Council AGENDA BILL 'I~- S"UBJECT: Proposed Site Lease Renewal for Nextel (AG #00-007) - 1600 SW Dash Point Road/ Sacajawea CATEGORY: BUDGET IMP ACT: X CONSENT D RESOLUTION D CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: A copy of the Staff Report for the Finance, Economic Development and Regional Affairs Committee meeting 10/18/04, and a copy of the 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 five (5) years with the option of three (3) five (5) year renewal tenns. The City received a renewal request dated September 15,2004, to extend the tenn for an additional five (5) year term. If the City chooses to accept the renewal, N extel' 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 tenn with a 4% annual increase thereafter. CITY COUNCIL COMMITTEE RECOMMENDATION: Approve 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: /)/ .', D APPROVED L!b..~ JL¿* D DENIED --------- .y.. D TABLED/DEFERIiEtlINO ACTION )T" D MOVED TO SECOND~inances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ( REVISED - 05/10/2001 ¥-. .~ ~ Á -- l~~ ~ Kolag,"dltemlN,<Ie' SI" L"", R,"~~. ~ ;:-dc~ ~ ~ ~. 'y;ð>;-- (~ - Y. CITY OF FEDERAL WAY MEMORANDUM DATE: October 18, 2004 FROM: Finance, Economic Development and Regional Affairs Committee David H. ~ager Pat Richardson, City Attorney r~ 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 five (5) antennas on two light standards, and 93 square feet within the concession building to house associated equipment. The tenn of the Lease is five (5) years with the option of three (3) five (5) year renewal tenus. The City received a renewal request dated September 15, 2004, to extend the tenn for an additional five (5) year tenn. 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 ofthe renewal tenn 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. Approve the renewal of the Lease at the current fair market rate of $1790 per month for the first year of the renewal tenn with a 4% annual increase thereafter. 2. Approve the renewal ofthe Lease at the current lease rate of$1140.61 per month for the first year ofthe renewal tenn with a 4% annual increase thereafter. 3. The City may refuse to renew if the fair marked rental, as detennined by an independent appraiser jointly selected and paid for by the City and Nextel, is twenty HI 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 tenn. Staff Recommendation Approve the renewal request for the Site Lease Agreement between Nextel West Corporation and the City of Federal Way at the current fair market value of $1790 per month for the first year of the renewal tenn 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~ &.Cúð() Committee Member J\~1ùræji K: \agnditem \fedrac \N extel renewal ~2- ~~ ~.. ~\ LEASE ORIGINAL THIS LEASE is entered into this ~ day of Jk/~ LK1999, 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 Property 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. Tenn. The tenD of this Lease shall be five (5) years ("Tenn") and shall commence on the date this Lease is fully executed ("ComrnencementDate"). 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 Term or Renewal Term; or (ii) if the fair market rental, as determined 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 Term 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 fiactional month at the beginning or at the end of the T enD or Renewal T enD, 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 of two 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 SEVENTY 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. Additional 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 shall 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 responsibilityofthe 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. Permitted Use of Premises. 6. 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 shall, at its expense, comply with all applicable present and future federal, state, and local 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 all 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 removal of the Equipment, Tenant shall 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 their 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 tlúrty (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 rue, smoke, intrusion, and AlC 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 tennination of the Lease; provided, Tenant repairs any damage to the Premises caused by such removal, restoring the Premises to its pre-Lease condition, nonnal 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 (1) 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 of the 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 tenD 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 hanDless 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 and 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. Compliance with 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 ofthis 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 under Section 3, termination under Section 15 herein or normal 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 terminate this Lease upon thirty (30) days prior written notice or pursue other remedies available under this Lease or available against the interfering party. 15. Termination a. This Lease may be terminated 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 terminate 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 determines that the Premises are no longer suitable because of economic reasons. 3. Upon thirty (30) days written notice by City (i) if Tenant permanently 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 hundred 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 unable to cure the conditions causing the endangerment within thirty (30) days after receipt of such notice, City may immediately terminate this Lease. 5. Immediately, in the event of an emergency, as determined by the City in its reasonable discretion. In addition, the City may immediately terminate 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 goverrunental 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 (FAA). 7. Upon thirty (30) days written notice by Tenant if it does not obtain or maintain, through no fault of Ten ant 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 (nonna! 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 pennitted by the laws of the State of Washington. 16. Indemnitv and 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 Hannless: Tenant shall, at its sole cost and expense, indemnify and hold hannIess 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 I, 9 and 10). The obligations described in this Section shall survive termination of this Lease. c. Insurance: During the term 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 wi~ City prior to commencement of the Term 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. DeductibIes: All insurance policies may be written with commercially reasonable deductibies. 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 Citv: In the event any action or proceeding shall be brought against the City resulting from 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 WId liabilities incurred by City in connection with such suits, actions or proceedings. 17. Holding Over. Any holding over after the expiration of the term allowed for in this Lease (including the Tenn and any Renewal Terms), with the consent of the City, shall be construed to be a tenWIcy from month to month WId shall otherwise be on the tenDS, covenants WId 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, demWIds, WId 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 ofFederaJ Way 33530 - 1st Way South Federal Way, W;\ 98003 Attention: City Treasurer With a copy to: City ofFederaJ Way 33530 - 1 st Way South Federal Way, WA 98003 Attention: City Attorney If to Tenant, to: Nextel West Corp. 1750 I ] 2th Avenue NE, Suite C-l 00 Bellevue, W A 98004 Attn: System Development Manager 10 And a copy to: Nextel West Corp. 1750 I 12th Avenue NE, Suite C-I 00 Bellevue, W A 98004 Attn: Property Manager And a copy to: Nextel CommunicatDns, 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 AssÎlmment 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 permitted 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 performance of any of the conditions, covenants, terms 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 Term 11 or Renewal Tenn, if any. of this Lease attributable to the Equipment or Tenant's use of the Premises. 24. Ouiet Eniovment/Title 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 perfonnance 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 perfonning all the tenns, covenants and conditions on Tenant's part to be observed and perfonned, 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 tenninate 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 tenninates due to condemnation, Tenant shall promptly remove all of its Equipment from the Premises. 26. Alteration. Damage 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 tenninate 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 tenninate 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 terms 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 tenninate. 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 Memorandum of Lease in the fonn 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 documentation 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. Lel!.islative Chanl!es. 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 fiom 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 Lil!htinl!. Reauirements. 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 fiom 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 1 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 ~,~JZ; Its: .' f~-v"/ By: Its: /!lJ.ß . ¡1f- Mati( B. Nelson 'lice President of Engineering & 0pemII0ns STATEOF Wf1-S#/1J6ìò,J COUNTY OF 1::./ /IJ I;.- On1ì¡c.efllba 13,('('11. before me, E,"eel1 7?ðb;hsCh ,Notary Public, personally appeared balll H. tt1D.çrle~ ,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. ~þ~ ~~ Notary fublic I" ø...et .(20'-~"" st<rtl" WaSh ""':Jfo" My commission expires: /- ,;).!J-c + c..f (SEAL) EILEEN ROBINSON STATE OF WASHINGTON NOT MY -e- PUBLIC \IV COMIiISSIOl EXPIRES 1-29-02 r1/)' 4f~~/.... 10 Public My commission expires: LV I / Ai I STATE OF -YVC<¿;~tivv¡þn COUNTY OF It1 VI ~ On ~ 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( Qf ~hich the person acted, executed the instrument. -_...,~.. SEe~\~111 .;-- <-> "'~""'~""'\)~ I" - V) .,- <;.JON /'.~', 11 I . :: 'T .c-#, -r;o:'. .... " - ~ =è:i I;:)'~; ~" ~ ,- (SEAL) ~ :() ~ . - II'~ : ~ \, 1íD\~ j ... 3 I "SD"~_,,,- " "'", '" -01-" ,.- ~o - 'r, -I~ """""""~Q .: 11 OFW"g{. --- 1111\"""...'" WITNESS my hand and official seal. 15 EXHIBIT A DESCRIPTION OF THE PROPERTY to the Lease dated t~l t~ , t 999, 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 16111 Avenue South right-of-way; Also, that portion of the north haif 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 thereoflying 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 WAY, a Washington municipal co oration, as City, and NEXTEL WEST CORP., a Delaware corporation, as Tenant. The Premises is described and/or depicted on the three-page Site Plan attached as B- I, B-2, and B-3 hereto. Notes: l. 2. 3. This Exhibit may be replaced by a survey of the Premises once it is received by Tenant. Setback of the Premises 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 DASH POINT ROAD .PROPOSED ROUTE OF CABLE UNDERGROUND IN STEEL CONDUIT EXHIBIT" 8" 0 EXISTING BUILDINGS II II tt II " " .. (2) PROPOSED PANEL 0 :: ANTENNAS, (2) GPS, :1 AND (1) TEST MOBILE ....,.--- :: ANTENNAS MOUNTED TO ,/r---~~~...~......--- :: EXIST. PLAYFIELD LIGHT ",': -..~...~......~...-..... :: STANDARDS «(1) PANEL " , : -'-""""'~~~"'.........-..-_" ANTENNA PER POLE) ,/ : ---......~--,!, , , --~ ," I , , " , " , " , . I " , " , , I , , d - SACAJAWEA SCHOOL NOTES ,) PLAN SHOWN IS A GRAPHIC REPRESENTATION OF LEASE AREA. P1TIO L EXISTING lJI.NDSCAPING 7 SITE PLAN - 1 OF 3 NEXTEL COMMUNICATIONS REDONDO/SACAJAWEA 1600 SW DASH POINT ROAD PROPOSED ROUTE OF POWER AND TELCO PROPOSED PROJECT LOCATION: S'-iO"xiO'-6" ROOM WITHIN EXIST. ONE STORY BLDG. SEE EQUIPMENT ROOM PLAN, SHEET 2 PACIFIC HWY. 50.- 10 ~oEB 20 SITE NUMBER: WAO226-1 DATE: OCTOBER 9. 1997 REV: ...... \ ~ to .1 .... 'ÌD I ü-, to I à NOTES: 1) PLAN SHOWN IS A GRAPHIC prPRrC;F:NTATION OF LEASE AREA, EXHIBIT It Bit 0 8'-10" I 13'-3" EQUIPMENT ROOM PLAN - 2 OF 3 NEXTEL COMMUNICATIONS REDONDO/SACAJAWEA 1 600 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 a'-IQ"xI0'-6" EQUIPMENT ROOM 0 1 2 -..... 4œ SITE NUMBER: WAO226-1 DATE: ' OCTOBER 9. 1997 REV: ... rl¡ \ ~ -- NOTES: 1) PLAN SHOWN IS A GRAPHIC REPRESENTATION OF LEASE AREA. EXHIBIT "B" b I ¡¡., EXISTING PlAYFIELD LIGHT STANDARD (2) PROPOSED PANEL ANTENNAS ({1) ANTENNA PER POLE) b I bl N I - Ò m (2) PROPOSED GPS ANTENNAS «(1) ANTENNA PER POLE) (1) PROPOSED TEST MOBILE ANTENNA PROPOSED ROUTE or CABLE ENCASED IN STEEL CONDUIT: PAINT TO MATCH b I .., .... 20 .~'1° SOUTH ELEVATION - 3 OF 3 NEXTEl COMMUNICATIONS REDONDO/SACAJAWEA 1 600 SW DASH POINT ROAD SITE NUMBER: WA0226-1 DATE: OCTOBER 9, 1997 REV: . - -~-- . t'IÎ \ ~ EXHIBIT C When Recorded Send To: Nextel Communications Ann: Property Manager 1750112" AvenueNE, SuiteC-too 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, d/b/a Nextel Communications, with an office at 1750 112" Avenue NE, Suite C-tOO, Bellevue, WA 98004 (bereinafterreferred to as "Tenant"). I. 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 term 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 oftbe 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, personaJly 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:\telecom\nextelfin.doc 19 CITY OF FEDERAL WAY CITY ATTORNEY'S OFFICE Memorandum 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: SUBÆCT: Nextel Site Lease Agreement - Sacajawea Park AG # OD- 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 term is five (5) years. Rent of$975 per month is due on the 1st 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 2/5/00. 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 NexteI.) The Property Administrator is Pamela Waitman and she can be reached at (425) 452-7569. Nextel refers to this Lease Agreement as W AO116 Redondo - Sacajawea Park. We have also dealt with a Kasey Sebastian at Nextel whose number is (425) 452- 7453. If you have any [urt,er uestions, please ~ive me a call. . ~ .-'tA ç...-- ø,,-A"\M -j- ~. ~ rw / - 2 1- d'ð cc: CIty Clerk r " - ~ () , '77 ,-_. I v {/ K:\memo\nextelsacpark.lea JAN 26 lOOO OAT! ClllllODIYYI 01/20100 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 At:t..I... CEF(rdFf,(~A,1 f OFfNSURANCE PRODUCER RECE IVE MARSH USA INC. 44 WHIPPANY ROAD MORRISTOWN, NJ 07952-1966 COMPANY 15780 -00001-- WA022 ¡&.aANAGEMENT SERVlaESA TRAVELERS INDEMNITY COMPANY OF ILLINOIS '.SURED CITY OF FEDERAL WA'/.OMPANY NEXTEL COMMUNICA nONS, 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 This,~ ~.... .....~.. n4-PII'~.&~jìt9ÿlW8~ iI....d. c",itillca1lt. 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 INITH RESPECT TO V'lHICH 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 REOUCED BY PAID CLAIMS, CO LTR POUCV EFFECTIVE, POLICY EXPIRATION DATE IIIIIIODIYY) DATE 'MM/DDIYV) LlIIITS TVPE OF INSURANCE POLICY NUMBER A ,GENERAL LIABILITY T JGLSA752G225A- TIL99 ~ COMMERCIAL GENERAL UABIUTY , ' CLAIMS MAOf I X ¡ OCCUR Î O_ER'S' CONTRACTOR'S PROT I 02105/99 ! 02105/00 I GENERAl AGGREGATE $ ~~RODUCTS .C¿M;/OP AGG : $ - PERSONAL' ADV INJURY $ , EACH OCCURRENCE $ IFI~~-;;~~EJAny,,",,-':".) $ MED EXP IAny one .....on) $ A B AUTOMOBILE LIABILITY ,x ANV AUTO loX-. ALLOW'lEDAUTOS I X j SCHEDULED AUTOS X I HIRED AUTOS . X NON.O_EDAUTOS l-~- §ARAGE LlABI!:~'Q'__- -- 02/05/99 ! 02/05/99 02/05/00 02105/00 : COMBINED SINGLE LIMIT $ I BODILV INJURV $ CP., po"on} I BODILY INJURY is , (p,..rodent) PROPERTY DAMAGE $ I TJCAP752G2271-TlL-99 THCAP752G228-3TIA-99 (TX) GARAGE LIABILITY AUTOONL!--,~A_ACCIDENT -' $ OTHER THAN AUTOONLV' . EACH ACCIDENT, S -- -. AGGREG~;~~ $ ,_~CHOCCURRE~C~- S ¡AGGREGATE i $ ANV AUTO D EXCESS LIABIUTY I X UMBRELLA FORM r I OTHER THAN UMBRELLA FORM C i ORKERS 0 PONSA 100 AND C I EIIPLOYERS'LIABlLlTY THE PROPRIETORI I PARTNERSiEXECUTIVE I OFFICERS ARE OTHER 17975-15-09 02105/00 102/05/99 'TVYCEUBI16D~0-9-99 (AIS) ¡TVYCO-UB-116D659-9 (NV) I ¡INCL , EXCL 2,000.000 2.000,000 1.000,000 1,000,000 1,000.000 10.000 1,000,000 4.000.000 4.000.000 $ 02/05/99 07/01199 , 02/05/00 02/05/00 X STATUTORVLlMITS , "..-.--------- - ..--t--.- '-~--"--' '- EACHACCIDENT : $ 1,000.000 _DIS~SE -POLlCVLIMIT. $ 1,000.000 DISEASE.EACHEMPLOVEE $ 1.000,000 DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEIIS UIIITS MAY HAVE BEEN REDUCED BV PAtO 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: WAO225-1 REDONDO. SACAJAWEA ROPERTY ADDRESS 1600 S. DASH POINT ROAD. FEDERAL WAY. WA 98023. ARCEL NUMBER: 052104901609 Q1!~TIFIÇATEHOIJ)ER CITY OF FEDERAl WAY ATTN: CITY TREASURER 33530 1ST WAY SOUTH FEDERAl WAY. WA 98003 SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCEu.ED 8I!FORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 12- DAYS WRITTEN NOTICE TO THE CERTIfiCATE HDLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NDTICE SHAu.lllPOSE NO OBLIGATION OR LlABlUTY OP ANV KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE / ,- n n Robert S. Fissel I'---'\J ~ ACORD CORPORATION 199 (.~~~.~,~~~~;:;~~_r_:~-':"": "'- 'n "'~~:~~'::~";::" ,'::"<.::~;,~~~~i:t~~~ty:~;.-~.t~~~) - PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MARSH USA INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE «VllHIPPANY ROAD HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR MORRISTOWN. NJ 07962-1966 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. COMPANIES AFFORDING COVERAGE 15780 -00001- INSURED COMPANY A TRAVELERS INDEMNITY COMPANY OF ILLINOIS NEXTELCOMMUNICATIONS, INC 2001 EDMUND HAllEY DR. RESTON, VA 20191-3421 COMPANY B TRAVELERS INDEMNITY COMPANY OF AMERICA :;:~;'t;;':,",';T-.~,_1t"-_:",,,,¡¡¡,,"l"'f !ifu,'j¡!:;.~~.¡J!j;-""'!!""171o¡tt.'ftf;'!'!!,!~., .,.i,"','....,",:"""'!!1tlJ:;¡;¡~:""",""~:¡c~??I".";".',~,>_.-_.- COMPANY C TRAVELERS INDEMNITY COMPANY OF CONNECTICUT COMPANY D CHUBB INSURANCE COMPANY OF NEW JERSEY !!~~~:!fJi~l~~i- ' .1' .. 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 A1f'f CONTRACT OR OTHER DOCUMENT 'MTH 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 CONDmONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF INSURANCE POUCY NUMBER POUCY UFEC1M! POUCY EXPtRA'I1ON UMITS Lm Do\TI! CMMIDDIYY) Do\TI! CMMlDDIYY) A GENERAl UAIIUTY T JGlSA752G226A-Tll99 02105199 02105100 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAlllA"'lfTY PRODUCTS - COMPIOP AGG $ 2,000,000 ClAIMS MADE 0 OCCUR PERSONAl. & AIN INJURY $ 1,000,000 OWNER'S & CONTRACTOR'S MOT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE ( an. (we) $ 1,000,000 MED EXP (M one $ 10,000 A AUTOMOIIu,e UAIIUTY T JCAP752G2271.TIL-99 02105199 02/05100 COMBINED SINGLE lNIT $ 1,000,000 B X A/<lY AUTO THCAP752G228.3T1A-99 02/05199 02/05100 X All ()II',!;ED AUTOS (TX) BODilY INJURY $ X SCHEDULED AUTOS (Pot po"""l X HIRED AUTOS "ODllYINJURY $ X NON-OWNED AUTOS (Pot ._) X GARAGE LIABILITY PROPERTY DAMAGE $ AUrO'ONl Y . EA ACCIDENT $ ANfAUTO OTHER THAN AUTO ONLY' . "]r,il.J,ri! EACH ACCIDENT $ AGGREGATE $ D 7975-15-00 02/05199 02/05100 EACH OCCURRENCE $ 4,000,000 X UMBREllA FORM AGGREGATE $ 4,000,000 OTHER THAN UMBREllA FORM $ C PEN TVYCEUB116D64o-9-99 (NS) 02lO5I99 02/05100 X STATUTORY lIMITS "'" EMPt.OYERS' UAIIUTY C TVYCO-UB-116D659-9 (NY) 07/01199 02105100 EACH ACCIDENT $ 1,000,000 THE PROPRETORI INCl DISEASE. POLICY UMIT $ 1,000,000 PARTNERS/EXECUTIVE $ 1,000.000 OFFICERS ARE. EXCl DISEASE. EACH EMPLOYEE OTHER DEBCRFTION OF OPERATlONSIlOCAT1OttSIVEHICI.E8/SPI!CLIL I"ÆMS UlIiTII MAY HAVE BEEN REDUCED ... PAID CUIIMS AND MAY HAW DEOUCT1ILES 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: WA0226-1 REDONDO. PROPERTY ADDRESS: 1600 S. DASH POINT ROAD, EDERALWAYWA 98023. .'," .<." ;. ;;!".",:,,:~!1!ri~~mm¡¡~llil~~~r~¡ii~j~~ïJ\t~~~~¡¡¡¡¡i~~~f~['~!Nir~~~¡¡l~¡fu~~"¡¡mJ._J~JIlI~?mgmmi~mmt1¡¡f~l~m1~!!IIt.~i~ft!I¡¡mj~~¡~¡R:!mk.' , SHOULD /IN'( OF THE Þa)VE DESCRIBED POLJQES BE CAHCEU.ED BEFORE THE EXPIRATION DATE THEREOF, TIlE ISSUING COIIP/IN'( WIll. ENDEAVOR TO MAIL .aIL..... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TKE LEFT, BUT FM.URE TO MAIL SUCH NOTICE SHAiJ. IMPOSE NO OBUGATION OR UAIIUTY OF ANY KIND UPON THE COMPANY, ITS MENTII OR REPRESENTATIVES- AUTHORIZED REPRESENTATIVE / .,.- cr - 0 Robert S. Fissel ~ ~ Jr""" ".r"".¡f¡'1¡~1!:i;i~~m~;[m¡;i:~~1~:mH~~¡~~;~~l~¡~:pJ~~\fTI:i¡m:~¡i~!¡!;!ii~:r.i!!i~~]~jJjj¡¡f~!1IJ~i~~¡~1!¡¡11i¡iJl~¡~!j¡¡J¡:.,IT;,:¡'ij!;i:¡~¡¡¡¡~'i*:IJ1~ïI-,;,è""" '" ',f,.,¡"!ð¡¡~í' CITY OF FEDERAl WAY ATTN: CITY TREASURER 33530 1 ST WAY SOUTH FEDERAL WAY. WA 98003 ,o:¡!w', FILE No.375 01/20 '00 15:03 NEXTEL DATE 20-JAN-OO CUST. ACCT, N". ID:NEXTEL FAX: "1()1 Edmund RaIley DriveReston, VA 20191 v~~ CITY OF FEDERAL PAGE 11 i No. 1007995 ¡ WA VENDOR NO. 56416 . . RNT-WAO22 & PEB 2000 RENT/SEC DEP ?BOO.OO PlEASE DETACH AND RETAIN THIS STAT~MENT AS YOUR RECORD OF PAYMENT. '1ñanÆ.You '~::~:: ~:~:.. :",:.,:' . ,.,..' ...-....:.,.. '.' t;;:X;Y."""" . . . ..,:.,: .""'".....,' >,;;"y-.",,". "'," '. '.I;~~::f~tt~ ' "OOlO01QQS" I:OI.¡,WI.S3QI: 80 0:11 i!¡;' 1" 01120/00 TH1J 14: 06 [TX/RX NO 8183J ID:NEXffi FAX: --'01 EdmUDd HaIley Drive Roaton. V ^ 20191 REGULAR VENDOR NAME CITY OF FlIDERAL ~E 3 : No. 1007996 WA~ VENDOR NO. 56416' FILE No.375 01/20 '00 15:02 N EXTEL DATE ~O-JAN-OO 20-JAN-OO R20 ADM7NISTRAT7VE COSTS 13,809.84 FSE-WA022 CUST, ACCT. NO. ','" " PLEASE DETACH AND RETAIN THIS STAT~M£NT AS YOUR RECORe OF PAYMENT, '11ian.Æ.You ,,- " ,r," "">,', "";,"'" ,',~c,:";..~..,""~~>" ..~", 11"001.00 'jU¡qr.'" 1:0 ¡,¡, i!OI,S:lql: BO 2&1U" on 01/20/00 THU 14:06 [TX/RX NO 8183] ~-R$ÞÎ'."~-~~~' ~" C\\J-=\ PRODUCER MARSH USA INC, 44 WHIPPANY ROAD P,O, BOX 1966 MORRISTOWN, NJ 07962,1966 ...' . "'eM"',,-,',',,,, ':,,:'T,' fFtGAŒ"',:.,, NSuRANOE"cL' CERTIFICATE NUMBER - . . '" " >," ' NYC-000"'"4??-00 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIACATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY, THIS CERTIFICATE DOES NOT AMEND, EXTENO OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIH, COMPANIES AFFORDING COVERAGE INSURED NEXTEL COMMUNICATIONS, INC 2001 EDMUND HALLEY DR, RESTON, VA 20191-3421 COMPANY A Zurich American Insurance Company COMPANY B National Union Fire Insurance Company (AIG) COMPANY C COMPANY 0 _SilAGES " "';'" ~",'" ',' ,:~"" :,)!',', THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD 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 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS C~~r--" TYPE OF INSURANCE A GENERAl LIABILITY - X COMMERCIAL GENERAL LIABILITY =b CLAIMS MADE II] OCCUR - owNER'S' CONTRACTOR'S PROT POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE IIIII'DDIYY) DATE IIIMfDOfYYI GLO 2964146-00 04/01/01 GENERAL AGGREGATE $ PRODUCTS, COMPIOP AGG $ PERSONAL & ADV INJURY $ EACH OCCURRENCE $ FIRE DAMAGE !""y one "'") $ MEO EXP IAn' one "."",n $ COMBINED SINGLE LIMIT $ 04/01/02 A ~TOMOBILE LIABILITY A ¿ ANY AUTO A ¿ ALL OWNED AUTOS A ¿ SCHEDUlEOAUTOS ¿ HIRED AUTOS ¿ NQN-oWNEDAUTOS X þARAGE LIABILITY I-- BAP 2984147,00 (ALL STATES) MA 2984148-00 (MA) TAP 2984149-00 (TX) BAP 2984150-00 (VA) 04/01/01 04/01101 04/01101 04/01101 04/01/02 04/01/02 04/01/02 04/01/02 BODILY INJURY IP'" "",son) BODILY INJURY (pe' ooodenl) PROPERTY DAMAGE ~"-~ON,V';"~;CllllN',_~ "-' - C-~F"CHA..A"';¡:¡"Y ,,;---_-..:.__:.._,:..:~ ..rH ArrlncNT $ AGGREGATE $ EACH OCCURRENCE $ AGGREGATE $ $ DESCRIPTiON OF OPERATlONSILOCATlONSIVEHICLESISPECIAlITEMS ILiMITS MAY BE SUBJECT TO DEDUCTIBLES DR RETENTIONSI EXCEPT WORKERS COMPENSATION, THE CERTIFICATE HOLDER NAMED BELOW IS INCLUDED AS AN ADDITIONAL INSURED IF REQUIRED BY LEASE OR CONTRACTUAL AGREEMENT, SITE NUMBER/NAME: WA0226-1 REDONDO, SACAJAWEA PROPERTY ADDRESS: 1600 S, DASH POINT ROAD, FEDERAL WAY, WA 98023, PARCEL NUMBER: 052104901609 ~TIFICATE HOLDER GARAGE LIABILITY R ANY A~O B EXCESS LIABILITY IXl UMBRELLA FOR" n OTHER THAN UMBRELLA FORM A WORKERs COIIPENSATION AND WC 2984144-00 tM.LOYER!' LI""'Lln A we 2984145-00 R'NCL EXCL BE 8713443 04/01/01 04/01/02 04/01/02 04/01/02 X T T~~:fJNÍ; I ..L"c.;' EL EACH ACCIDENT S EL DISEASE,POLICY LIMIT $ EL OISEASE-EACH EMPLOYEE $ 04/01/01 04/01101 THE PROPRIETOR! PARTNERS/EXECUTIVE OFFICERS ARE ,Of HEN " "',h',:,"', '< ::CANCE~~;Í~~~)¡>,;';~'~"".;t -'f>.C""'ò": " SHOULD """ OF THE POL"'",S DESCR""'D ""AElN BE CANCELLED BEFORE THE E:cPIAATION DATE THEREOF ::::- --- ;':',.. LIMITS 2,000,000 2,000,000 1,000,000 1,000,000 250,000 10,000 2,000,000 $ $ $ 4,000,000 4,000,000 I,Q(o),ÕÕÕ 1,000,000 1,000,000 THE INSU,",A "'-IN(] COVERAGE Wl.l ENOEAVON fO MAIl ---1J! DAVS WRITTEN ""TIco TO "" CEATIFICATE HOlDER """"" HEAE", BUT FALUAE TO MA. sue>< NOTICE SHAlL IMPOSE NO DOlIOAT,," OR CITY OF FEDERAL WAY ATTN: CITY TREASURER 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 l~Bllrrv 0' "'" "'NO UPON THE INSU,",A AFFOROING COVERAGE, 01$ AGENTS ON AE"""SENTAT"ES ,~'...: ' MARSH USA INC, BY: Michael D, Murphy Mtì1tfJJ81 " ~.f?~ ,',', VALÏO-A¡OF:~1 .... ..' " :', ..': "," ~~ \:\~-, A.~ftltl.. "G&RTIFICA1.- OF INSURANCE DATE (MM'OD"'" O~/19/0~ 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 POUCIES BELOW. COMPANIES AFFORDING COVERAGE PRODUCER MARSH USA INC, 44 WHIPPANY ROAD P.O. BOX 1966 MORRISTOWN, NJ 07962-1966 ,- COMPANY A TRAVELERS INDEMNITY COMPANY OF ILLINOIS ,.--. ". 'NSUREO COMPANY NEXTELCOMMUNICATIONS, INC 2001 EDMUND HALLEY DR. RESTON, VA 20191-3421 B TRAVELERS INDEMNITY COMPANY OF AMERICA COMPANY C TRAVELERS INDEMNITY COMPANY OF CONNECTICUT COMPANY D CHUBB INSURANCE COMPANY OF NEW JERSEY 1:0VERÁ_S ,<:'Y":;';- .". ,:7~.,'/ê" ;Y" '".: '.,' 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 QF 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 LTR TYPE OF INSURANCE POUGY NUMBER POUGY EFFECTIVE POUGY EXP'RATION DATE IIIMIOOIYV) DATE (IIIIIOOITYI LIMITS A ~NERAL lIA~lITY ..!<.. ~MERCIAl GENERAL LIAB'lITY - --.J CLAIMS MADE ~ OCCUR - OWNER'S & CONTRACTOR'S PROT T J-GLSA-752G226A 02105100 04101101 GENERAL AGGREGATE $ PRODUCTS, COMPIOP AGG $ PERSONAL & Ary.¡ INJURY $ EACH OCCURRENCE $ FIRE DAMAGE Anv one '.e) $ MEOEXPIAn">neoe<san) $ 2,000,000 2,000,000 1,000,000 1 ,000,000 1 ,000,000 10,000 A ~OMOBILE LIABIlITY B ~ ANY AUTO ..!<.. ALLOWNEOAUTOS ~ SCHEOUlEDAUTOS ~ HIRED AUTOS ..!<.. NON-OWNED AUTOS X GARAGE LIABILITY T J-CAP-752G2271 (NS) TH-CAP-752G2283 (TX) 02105100 02105100 04101101 04101101 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY IP"'p,""",) $ BODILY INJURY IP'" -cadent, $ PROPERTY DAMAGE $ GARAGE LIABILITY ==i ANY AUTO I D EXCESS UABllITY Xl UMBRELLA FORM I OTHER THAN UMBRELLA FORM C ~'¡>pRL~~SR;?L::¡~~TlON AND TVY AE-UB-116DM09 R T J-UB-303D572A THE PROPRIETOR! INCl PARTNERSIEXECUTlVE OFFICERS ARE: EXCL OTNER AUTOONlY,EAACCIDENT $ OTHER THAN AUTO ONLY' EACH ACCIDENT AGGR~GATE $ $ $ $ $ ,""""" $ $ $ 4,000,000 4,000,000 7975-15-09 02105100 04/01101 EACH OCCURRENCE AGGREGATE C 02105100 02105101 02105101 04101101 x I STATUTORY liMn's EACH ACCIDENT :,; 1,000,000 1,000,000 1,000,000 DISEASE, POliCY LIMIT DISEASE, EACH EMPLOY~E DESCRIPTION OF OPERATIONSllOCATIONSMHICL£SISPECIAL ITEMS mIlTS IIAY HAVE BEEN REDUCED BY PAID ClAIMS AND IIAY HAVE DECUCTIBL£S OR RETENTIONS, XCEPT WORKERS COMPENSATION, THE CERTIFICATE HO~DER 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 -'TIFICÞ.TE HO~,!.,( Nn1~_;.\\¡j: , "QØCELI:ATIOHi' ":~~~~£~; ';"-"~ "<'¡¡;""<' SHOULD ANY OF TH~ ABOVE DESCRtBEO POLICIES BE CANCELLED BEfORE TNE EXPIRATION DATE THEREOF, THE INSURANCE COIIPANY Will ENDEAVOR TO IIAil CITY OF FEDERAL WAY AnN: CITY TREASURER 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 3~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAIlED TO TNE LEFT, BUT fAILURE TO IIAiL SUCH NOTICE SHALl IMPOSE NO OBLIGATION OR lIABILITY OF UORÐ'~'.lMj31 ,,' , ANY KIND UPON THE COIIPANY, ITS AG~NTS OR R~PRESENTATIVES. JQ~JÐ'.ABSEII- lARSHI&"rIJC, r7 Robert S. FisSBI I'---'\.) ~ "",'-è '~", ",,:.., ACOÅJ)~ATIOH199~ MEETING DATE: December 7, 2004 ITEMW (('L.) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Approval of New City Hall Contracts CATEGORY: BUDGET IMPACT: D 0 ~ CONSENT RESOLUTION CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ A TT ACHMENTS: None. SÜMMARY/BACKGROUND:SÚïte law reqÙTresthe City töreÚïln5% ofthemöney dÜeiöeach conträëtor äsä trÜst fUlïd for the protection of anyone who performs labor; provides materials, supplies or equipment; or subcontracts to the prime contractor. In addition, on contracts less than $25,000, a contractor may elect to have the City retain another 50% of the contract in lieu of a performance bond. As part of the process, a notice of completion and punch list is issued to each contractor, the Department of Revenue must verify that no outstanding taxes are owed, and the Council must accept each contract is complete before any retainage or performance bond is released to the contractor. Staff has accepted the following projects as complete and seeks acceptance of completion by the City Council: Hilger Construction (Finish Carpentry); Shinstine Associates (Door and Door Installation); Nieman Glass (Glass & Glazing); D.L. Henricksen Co. Inc. (GWB & Partitions); Cummins NW (Emergency Generator); F100rseal Technology (Mortar Flooring); Sky Valley Constrution (Carpet Installation); and Acoustics NW (Acoustical Tile). CITY COUNCIL COMMITTEE RECOMMENDATION: FEDRAC recommends that the full Council authorize staff to place requests to accept new city hall contracts as complete, release retainage, and release performance bonds directly onto future Council business agendas. PROPOSED MOTION: "I move to accept the finish carpentry, door and door installation, glass and glazing, GWB & partitions, emergency generator, mortar flooring, carpet installation, and acoustical tile contracts as complete and authorize staff to release retain age, and performance bonds to the appropriate contractors." CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D 0 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 Certification for Release of Contract Retainage Bid/Contract No: AG04-101, Hilger Construction, Inc. Project Title: Finish Carpentry, Federal Way City Hall I hereby certify, as Contract Administrator representing the City of Federal Way, that all work required by the above cited contract was completed on November 4th, 2004, and final acceptance by the City Council was required. I also certify that no liens have been received within 30 days from the above date from any person or persons, subcontractors or materialmen, who have performed or provided any work or material on subject contract. ' S.W. Steve Ikerd Contract Administrator Dir ctor of Aaministering Departm t Cr J.. " Also, please find attached Notice of Completion of~'blic Work Contract for the notification of Department of Revenue and Employment Security Department. ~. ~~ State of Washington Department of Revenue PO Box 47474 Olympia, WA 98504-7474 Contractor's Registration No. (UBI No,): Date: HILGEC 1O33QK 601374542 I III II04 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT "" ',.' :'t:", ,.,." "'..' , :,.. <...' ':'~:':'"'.""'::":""¡'7".. . :'i~afue 8c"Ndili,*i'ia(/')"ì ,::!~."..."",..:,a'.",,:I<~~Æ~"', City of Federal Way P. O. Box 9718 Federal Way, W A 98063-9718 Assigned To Date Assigned Notice is hereb iven relative to the com letion of contract or ro' ect described below CTlptlon 0 ontract CITY OF FEDERAL WAY NEW CITY HALL PROJECT -- FINISH CARPENTRY (CONTRACT#AGO4-101) ontractor 5 arne eep one urn HILGER CONSTRUCTION, INc. 253/584-5350 ontractor 5 ress 10905 25TH AVENUE EAST; TACOMA, WASHINGTON 98445-5350 ate or ommenc ate or om¡> <te 5/11/2004 9/30/2004 TRA VELERS INSURANCE (BOND #104307082) agent 5 reS5 POB 2940; TACOMA, WASHINGTON 98401 Contract Amount: $ 139,000.00 Amount Disbursed: $ 153,227.42 Additions or Reductions: $ 8,617.94 Amount Retained: $ 7,380.90 Sales Tax: TOTAL: $ 12,990.38 $ 160,608.32 TOT AL: $ 160,608.32 Signature: Khanh Hang I ype or PTlnt Name Phone Number: 253/835-2525 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, W A 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired or a language other than English, please call (360) 753-3217. Teletype (ITY) users may call (800) 451-7985. You may also access tax information on our Internet home page at http:/dor.wa.gov. Certification for Release of Contract Retainage Bid/Contract No: AG04-092, Shinstine Assocates, LLC Project Title: #2 Doors and Door Hardware, Federal Wav Citv Hall I hereby certify, as Contract Administrator representing the City of Federal Way, that all work required by the above cited contract was completed on November 4th, 2004, and final acceptance by the City Council was required. I also certify that no liens have been received within 30 days from the above date from any person or persons, subcontractors or materialmen, who have perfonned or provided any work or material on subject contract. 5~ Steve Ikerd Contract Administrator . ,.= State of Washington Department of Revenue PO Box 47474 Olympia, W A 98504-7474 Contractor's Registration No. (UBI No.): Date: SHINSAIO 11 P A 601976915 11/11/04 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: . ""I\~~':¡¡.\:.""';""""'" ."""";"",::,.,......~.,.,),,,.,~ n ê. . Adoi.' "0 .Public'J\:'eD'cvJ"'I.:~F':.f<1:'1 .. ",' ".,. .,."..,:~~.. ,:.J.._~..~~:~_.._~.l.:~.:~:~""~"" ~~ . City of Federal Way P. O. Box 9718 Federal Way, W A 98063-9718 )¡ f :~iit~~j! f~~ .~~}.p.~~)j.ijij~~ ~~~ Assigned To Date Assigned Notice is hereby given relative to the completion of contract or project described below: CITY OF FEDERAL WAY NEW CITY HALL PROJECT -- DOORS/DOOR HARDWARE (CONTRACT #04-092) WESTERN SURETY COMP ANY (BOND #9292317747) agent s re55 POB 240111; SEATTLE, WASHINGTON 98124 Contract Amount: $ 53,221.00 Amount Disbursed: $ 55,243.40 Additions or Reductions: Sales Tax: $ $ -0- 4,683.45 Amount Retained: $ 2,661.05 TOTAL: $ 57,904.45 TOTAL: $ 57,904.45 Signature: Hhanh Hang Type or Pnnt Name Phone Number: 253/835-2525 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, W A 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department'S certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired or a language other than English, please call (360) 753-3217. Teletype (TTY) users may call (800) 451-7985. You may also access tax information on our Internet home page at http:/dor.wa.gov. Certification for Release of Contract Retainage Bid/Contract No: AGO4-118, Nieman Glass Co, Project Title: Glass & Glazing, Federal Way City Hall I hereby certify, as Contract Administrator representing the City of Federal Way, that all work required by the above cited contract was completed on November 4th, 2004, and final acceptance by the City Council was required. I also certify that no liens have been received within 30 days from the above date from any person or persons, subcontractors or materialmen, who have performed or provided any work or material on subject contract. s_~ - Steve Ikerd act Administrator rector 0 ¿~nistering Depm; ent Also, please find attached Notice of Completion of;~lic Works ontract for the notification of Department of Revenue and Employment Security Department. ~. ?~ State of Washington Department of Revenue PO Box 47474 Olympia, WA 98504-7474 Contractor's Registration No. (UBI No.): Date: NIEMEGCCO66KL 600638492 11/1 1/04 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: g\¡;;f~~li:'~'~~~~i~Æ:~~l;~~flt:~!iJ}' ~~~~~~i~f~;,:'t:~1J CIIY of Federal \\"') P. O. Box 9718 Federal Way, WA 98063-9718 . 3~jt:.i~(~tJ~~:'U!~,e'~~.~~~~~11J~~9~'~t~,~ 'f~].{¡;;( i'i, ;i:;; :. Assigned To Date Assigned Notice is hereby given relative to the completion of contract or project described below: cnpl1on 0 ontract CITY OF FEDERAL WAY NEW CITY HALL PROJECT - GLASS AND GLAZING (CONTRACT #AGO4-118) 1213 VALLEY STREET; SEATTLE 98]09 Contract Amount: $ 53,662.00 Amount Disbursed: $ 57,379.60 Additions or Reductions: $ 1,617.00 Sales Tax: $ 4,864.55 TOTAL: $ 60,143.55 Amount Retained: $ 2,763.95 TOTAL: $ 60,143.55 Signature: Khanh Hang I ype or Pnnt Name Phone Number: 253/835-2525 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, W A 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired or a language other than English, please call (360) 753-3217. Teletype (TTY) users may call (800) 451-7985. You may also access tax information on our Internet home page at http:/doLwa.gov. Certification for Release of Contract Retainage Bid/Contract No: AG04-025, D.L. Henrickson Co., Inc.. Project Title: GWB & Partitions, Federal Way City Hall I hereby certify, as Contract Administrator representing the City of Federal Way, that all work required by the above cited contract was completed on November 4th, 2004, and final acceptance by the City Council was required. I also certify that no liens have been received within 30 days ITom the above date ITom any person or persons, subcontractors or materialmen, who have performed or provided any work or material on subject contract. Steve ~d ~ Contract Administrator Dire tor o&~nis~~nt Also, please find attached Notice of Completion of Public Works Contract for the notification of Department of Revenue and Employment Security Department. . ?~ State of Washington Department of Revenue PO Box 47474 Olympia, W A 98504-7474 Contractor's Registration No. (UBI No.): Date: DLHENC*191C6 600388043 11111104 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT 'Ii. ;..."~...;...:..~~.».'~~~.rtíri~~.~,'.:Íj~~"."':I.'~'.i:¥ß .{;~.,~\" .,."P. "..,!....;;~_2~~I_: ",,~. Assigned To Date Assigned Notice is hereb cnptton 0 ontract iven relative to the com letion of contract or ro' ect described below CITY OF FEDERAL WAY NEW CITY HALL PROJECT -- GWB & PARTITIONS (CONTRACT #AG04-025) ontractor s ress ontractor same D.L. HENRICKSON CO., INe. 6005 20TH STREET; TACOMA, WASHINGTON 98424 ate or ommenc ate or omp ete ate or ccepte 1/15/2004 9/30/2004 12/7/04 urelyor on mg ompany FIRST NATIONAL INSURANCE OF AMERICA (BOND #6195513) agent s ress POB 34526; SEATTLE, WA 98124-1526 Contract Amount: $ 429,000.00 Additions or Reductions: $ 112,36\.00 Sales Tax: $ 47,639.77 TOTAL: $ 589,000.77 Amount Disbursed: $ 561,932.72 Amount Retained: $ 27,068.05 TOT AL: $ 589,000.77 , ;'i\I)isbu~ing Of.fic~r.;}~Ij¡¡:i,¡'1\;~i~ ,¡~,{;~;~¿:,:;~:¡~;!,:.¡',~'.j:S:;~(¡~,"1j~; IJ!:;'~ Signature: Khanh Hang Type or Pnnt Name Phone Number: 253/835-2525 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, W A 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RET AINEO FUND until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate fonnat for the visually impaired or a language other than English, please call (360) 753-3217. Teletype (ITY) users may call (800) 451-7985. You may also access tax infonnation on our Internet home page at http:/dor.wa.gov. Certification for Release of Contract Retainage Bid/Contract No: AG04-l26, Cummins NW Project Title: Emergency Generator, Federal Way City Hall I hereby certify, as Contract Administratorrepresenting the City of Federal Way, that all work required by the above cited contract was completed on November 16th, 2004,_and final acceptance by the City Council was required. I also certify that no liens have been received within 30 days from the above date from any person or persons, subcontractors or materialmen, who have performed or provided any work or material on subject contract. ~.~ Steve Ikerd Contract Administrator De art t Q~ YwtrJ~ Also, please find attached Notice of Completion of Public Works Contract for th notification of Department of Revenue and Employment Security Department. + ~~Ê:E State of Washington Department of Revenue PO Box 47474 Olympia, WA 98504-7474 Contractor's Registration No. (UBI No.): Date: CUMMINIO0328 601081801 11/18/04 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: '~}.:.r"':::l:IT~a~!~~~~:~~~r~s~r...Pllblic~~.~~:'.Lf:{:} ::, "I City of Federal Way P. O. Box 9718 Federal Way, W A 98063-9718 ...... .."-"" .... ..-,...-.. "",,--'--"-"'-"-'-'" , ---"'-...........--"-" .. :', ,':}: J)e(lartl,~eùt UscÖI!ly';:':':;',tç '. Assigned To Date Assigned Notice is hereb iven relative to the com letion of contract or ro' ect described below CITY OF FEDERAL WAY NEW CITY HALL PROJECT -- EMERGENCY GENERATOR (CONTRACT #AG04-126) eep one urn er 425/235-3400 (NO BOND IN LIEU OF 5-YR WARRANTY CONTRACT PROVISON) agent s ress Contract Amount: $ 176,698.00 Amount Disbursed: $ 184,544.98 $ 8,889.45 Additions or Reductions: $ 1,091.00 Amount Retained: Sales Tax: TOTAL: $ 15,645.43 $ 193,434.43 TOT AL: $ 193,434.43 I. --_.......,'.: ..;::~_.~ . ~~~~:'~i~~~;,~~~~l;~-~-~~.:L:.:~'i:l.f:,:::~r] Signature: Khanh Hang Type or Pnnt Name Phone Number: 253/835-2525 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, WA 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RET AINEO FUND until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate fonnat for the visually impaired or a language other than English, please call (360) 753-3217. Teletype (TTY) users may call (800) 451-7985. You may also access tax infonnation on our Internet home page at http:/dor.wa.gov. Certification for Release of Contract Retainage Bid/Contract No: AG04-115, Floorseal Technology Project Title: Mortar Flooring, Federal Way City Hall I hereby certify, as Contract Administrator representing the City of Federal Way, that all work required by the above cited contract was completed on November 16th, 2004,ßnd final acceptance by the City Council was required. I also certify that no liens have been received within 30 days from the above date from any person or persons, subcontractors or materialmen, who have performed or provided any work or material on subject contract. s.~ Steve Ikerd Contract Administrator 1 ~-ir ~~ Also, please find attached Notice of Completion of Public Works Contract for the notification of Department of Revenue and Employment Security Department. ~. ~~ State of Washington Department of Revenue PO Box 47474 Olympia, WA 98504-7474 Contractor's Registration No. (UBI No.): Date: FLOORSTO12DH 601895188 11118/04 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: Namt~ & Add,'ess of Public Agency .._._._n .--.-_u.. ---.... .----_..........._--_.-.. City of Federal Way P. O. Box 9718 Federal Way, W A 98063-9718 í i .--....... ---........_u.....--..-.u.--... ....--. [)cllartmcnt l.;St~ Only -....... ..--.-.......... -- ... ---.-.". ----.- Assigned To Date Assigned Notice is hereb iven relative to the com letion of contract or ro' ect described below scnpuon 0 ontract CITY OF FEDERAL WAY NEW CITY HALL PROJECT -- MORTAR FLOORING (CONTRACT#AG04-115) 1005 AMES A VENUE; MILPIT AS, CALIFORNIA 98035 atc or ommence ate or omp et ate or Accepte 5/28/2004 9/14/2004 12/7/2004 uretyor on 109 ompany DEVELOPERS SURETY & INDEMNITY COMPANY (BOND #869193P) agent s ress 17780 FITCH; IRVINE, CALIFORNIA 92614 Contract Amount: $ 10,985.00 Amount Disbursed: $ 16,102.98 Additions or Reductions: Sales Tax: $ 4528.47 $ 1,365.19 Amount Retained: $ 775.67 TOTAL: $ 16,878.66 TOTAL: $ 16,878.66 I..... ... --- ---.-- ~iSb_U.~illg_~~mcer___... ..~._.- _....~....l Signature: Khanh Hang l)pe or Pnnt Name Phone Number: 253/835-2525 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, W A 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate fonnat for the visually impaired or a language other than English, please call (360) 753-3217, Teletype (TTY) users may call (800) 451-7985. You may also access tax infonnation on our Internet home page at http:/dor.wa.gov, Certification for Release of Contract Retainage Bid/Contract No: AG04-082, Sky Valley Construction Project Title: Carpet Installation, New Federal Way City Hall I hereby certify, as Contract Administrator representing the City of Federal Way, that all work required by the above cited contract was completed on November 22nd, 2004,ßnd final acceptance by the City Council was required. I also certify that no liens have been received within 30 days from the above date from any person or persons, subcontractors or materialmen, who have performed or provided any work or material on subject contract. s.~ Steve Ikerd Contract Administrator en Also, please find attached Notice of co::!:1, ot~~tractfor the notification of Department of Revenue and Employment Security Department. ~ ~Ê~ State of Washington Department of Revenue PO Box 47474 Olympia, WA 98504-7474 Contractor's Registration No, (Um No,): Date: SKYV ACX033CM 601768982 11/25/04 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT from: Name& Address of Public Agency City of Federal Way p, 0, Box 9718 Federal Way, WA 98063-9718 Department Use Only Assigned To Date Assigned "eSClip ,on '" """"'c, CITY OF FEDERAL WAY NEW CITY HALL PROJECT -- Carpet Installation, Contract #AG04-082 ""'"a, or s ame I 2:)e;~;~';~~~;;4 SKY V ALLEY CONSTRUCTION , on "" or S ~""ress 2605 South 232m! Street, Des Moines, Washington 98198 "a e "°' """n,",,"c, I .;~ ~2"~';~~ornp'e " I ';;~;/~~ Aceep CI 5/18/2004 . mc ,OC ""'" "'g I om 1"'" , CBIC -- Bond #LC-1790 agen s 1\11' re" PO Box 6318; federal Way, Washington 98063 - Notice is hereby given relative to the completion of contract or project described below Contract Amount: $ )7,850.00 Amount Disbursed: $ 84,960.30 Additions or Reductions: $ 24,000.00 $ 7,202,80 Amount Retained: $ 4.<)92.50 Sales Tax: TOTAL: $ 89,052.80 TOTAL: $ 89,052.80 Disbursing Officer Signature: Khanh llang t ypc °' "lint Nanle Phone Number: 253/835-2525 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, W A 98504-7474, immediately after acceptance of the work done under this contract NO PA YMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired or a language other than English, please call (360) 753-3217. Teletype (TTY) users may call (800) 451-7985. You may also access tax information on our Internet home page at http:/dor.wa.gov. Certification for Release of Contract Retainage Bid/Contract No: AG04-123, Acoustics NW. Inc. Project Title: Acoustical Tile. Federal Way City Hall I hereby certify, as Contract Administrator representing the City of Federal Way, that all work required by the above cited contract was completed on November 4th, 2004, and final acceptance by the City Council was required. I also certify that no liens have been received within 30 days from the above date from any person or persons, subcontractors or materialmen, who have performed or provided any work or material on subject contract. s.~ Steve Ikerd Contract Administrator Dir tor of {\d inistering Departmen Also, please find attached Notice of comPlet~pu~act for the notification of Department of Revenue and Employment Security Department. . ~{;E~ State of Washington Department of Revenue PO Box 47474 Olympia, WA 98504-7474 Contractor's Registration No. (UBI No.): Date: ACCOUSN086QW 601420169 11111104 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: ;~.~~~~~~ ({¥;1£~y':\~:~:t.. ...12' ;~: l::H;:'!'N""""""~ 'k:d""":'~':':;"fi'>r6í.1tit~<'<\"i ;.¡r~~;~;:,,~~:~~'. ,.,.~r~' R, ~¡r.~,.}d~~~~, . City of Federal Way P. O. Box 9718 Federal Way, WA 98063-9718 Assigned To Date Assigned Notice is hereby given relative to the completion of contract or project described below: cnptlon 0 ontract CITY OF FEDERAL WAY NEW CITY HALL PROJECT - ACOUSTICAL TILE CONTRACT #AG04-123) ontractor s ame eep one urn ACOUSTICS NW, INc. 253/472-6598 ontractor s ress POB 110727, TACOMA, WASHINGTON 98411 ate or ommence ate or mpet 4/9/2004 1111104 urety Of on 109 mpany CBIC (BOND #LCI997) gent s Tess POB 9271; SEATTLE, WASHINGTON 98109 Contract Amount: $ 105,960.00 Amount Disbursed: $ 121,48960 Additions or Reductions: $ 11,082 Amount Retained: $ 5,852.10 Sales Tax: TOTAL: $ 10,299.70 $ 127,341.70 TOTAL: $ 127,341.70 ',t/i-,',',' "'",,":1,,,',""",:,',' 1', \("'~""ï"",',",~',~f,!"~,',, :~i;~:¡~~::~át:~:~: Signature: Khanh Hang [ ype or Pnnt Name Phone Number: 253/835-2525 The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, Olympia, W A 98504-7474, immediately after acceptance of the work done under this contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of Department's certificate, and then only in accordance with said certificate. To inquire about the availability of this document in an alternate fonnat for the visually impaired or a language other than English, please call (360) 753-3217. Teletype (TTY) users may call (800) 451-7985. You may also access tax infonnation on our Internet home page at http:/dor.wa.gov. MEETING DATE: December 7,2004 ITEM#E ~j- CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Ventana Final Plat, File No. 04-1O1264-00-SU CATEGORY: BUDGET IMP ACT: D ~ [gJ CONSENT RESOLUTION CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0 $0 $none ............."................. ..................................."...... ATTACHMENTS: Briefing memo dated November 30, 2004; Briefing memo dated November 9,2004; October 8,2004 Staff report (Exhibit D) with attachments to City Council Land Use/ Transportation Committee, including Final Plat Drawing (Exhibit B); draft Final Plat Resolution (Exhibit C); and Hearing Examiner Recommendation dated February 22, 1999 (Exhibit E). SUMMARY/BACKGROUND: The applicant has submitted a request for final plat approval for the 28-lot 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. At the November 16, 2004 meeting, the Council voted to return the Ventana final plat to the applicant for planting of SEP A trees. Staff confirmed that the SEP A trees have been planted and returned the final plat to City Council. Issues raised by the City Council are discussed in the attached briefing memos dated November 9, 2004 and November 30, 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: "I move approval of the Resolution approving the Ventana final plat." 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 5/10/2001 Doc. J.D. 29750 CITY OF FEDERAL WAY CITY COUNCIL BRIEFING DATE: To: VIA: FROM: November 30, 2004 Dean McColgan, Mayor Federal Way City Council David Moseley, City Manager Kathy McClung, Director Of Community Development Services ~c Cary Roe, Public Works Director ~ SUBJECT: Ventana Final Plat Briefing A. ISSUE B. c. D. Doc. I.D. 29743 The Ventana Final Plat decision. BACKGROUND At the November 16, 2004 Council meeting, the Council voted to return the Ventana final plat application to the applicant for planting of SEP A trees. Once the SEP A trees are planted, the final plat application can be returned to the City Council for reconsideration. As of this date, staff has verified that the required SEPA trees have been planted at the Ventana subdivision site in accordance with the approved planting plan. OPTIONS The City Council has three options available to them for consideration: 1. Find the plat is 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. RECOMMENDATION Staff recommends that the City Council find that the Ventana Final Plat is in substantial compliance with the conditions of the preliminary plat and APPROVE the plat. CITY OF FEDERAL WAY CITY COUNCIL BRIEFING DATE: November 9,2004 To: Dean McColgan, Mayor Federal Way City Council FROM: David Moseley, City Manager Kathy McClung, Director Of Community Development Services ~l.../ 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 have been planted, but the required "SEP A" trees and "code required" trees have 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 of the 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 ofthe 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 v. Lewis, 1996 WL 432419 (Wash. App Div. 2). 04-101264 Doc ID #29513 CITY OF FEDERAL WAY MEMORANDUM DATE: October 12, 2004 To: Jack Dovey, Chair Land Use/Transportation Committee FROM: VIA: SUBJECT: Ventana Final Plat Application Federal Way File #O4-101264-00-SU I. STAFF RECOMMENDATION Staff recommends that the Land Use/Transportation 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 306\h Place at 24\ A venue 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 Use/Transportation 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 Useffransportation 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. APPROV AL OF COMMITTEE ACTION ~ ~d:¿ 'L< , IC Faison Michael Par Ventana Final Plat LUTC Memorandum 04-10 1264 / Doc. I.D. 29107 Page 2 DRAFT /ð/ð&7ðy RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE VENTANA FINAL PLAT, FEDERAL WAY, WASIDNGTON, 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 RESOLVES AS FOLLOWS: I Also filed under SUB97-0005 based on previous computer system numbering. Res. # . Page 1 Section 1. Findings and Conclusions. 1. The Ventana final plat, City of Federal Way File No. 04-10 1264-00-SU, is in substantial confonnance to the preliminary plat and is in confonnance 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 1 above, the Ventana final plat, City of Federal Way File No. 04-10 1264-00-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. Res. # , Page 2 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. 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 affirmed. 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 Federa} ~ay 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: REsOLUTION No: . Page 3 Res. # VENT ANA FINAL PLAT Vi ci n ity Map ~r9'>~ 1 iiÞ-2'~ J;:;;; c-y~ {~~ 11ìl!A\- \-\ Y- 0.4 I 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. I I ) :1 j ~t- ~ j~ - f- - ----in -=-Hr ' - ~ ' ~ ~ I IS \fR -~ ~ -. k1 ~ H. /~,,\ ~ /11 1// "V:~ SIT~-1-1 = -f- >- e IT ~ "r -- -f- f- ~ H-I I'- ----i r- f- '- r- f- ~ -L w '- I -f-- - >- =r - -- tJð"rJ "~O4:r~~ ;= - ~ RE =\ ~E= C> 't.~ I ~ :::L Jl / ~- -\ "\ . ~ ~ir ~ I~ ¡ : // -\ ~ I , I I /. 'C\'~ . ~ rT- . I I ~ // - ')/1- ~, '-L I ~ a ~~ il~~~Wr\ ~~ . ,fSmIr \- ~w~~ ~ ~~ 1, . dì\ ~'l§l~~& í ~ ~ ~f ~~ ,y À\ /;¿ ~~~ ~ 0 - . r--~- 0.4 N 0.8 Miles + FILE NO: 04-101624-00-SU EXHIBIT A PAGE-1-0F L VENT AN A r ;ouII£IP"E 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 1~%\';'~ ;,;" 'J'(~--'" ~,r-':' -, :£\ '\ ' \ ..~' ~'. 11.""" "",'~';'~~'~, "",;.""""""(,/,,,,)1 """...........- , \' .~,-~,"" I SWIC"'11111-1X' SI 304TH STREET (NOT OPENI - ....'4fY....",. 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QII\R18I COWR ;ECfi!). ~ " "C!roIPH!Pl!.!o¡wor, HIGIIt!IIOS 1. ---------- raJIII_srol£'M1'+"'t' m....,~~.11tAi: C\IOR1!JIt:oRlOt<O!OOIC/lQ\,\1!D fI!J1",""'DOC1JI)1; ¡.J'" l' 01" p¡;>¡ 1)',., U,("" <:II.I:IIJ,tm1'llS111Jl(II"" LEGEND +",,",SECTION_ERO'QU.OiIi[ROOIINER.(CI<OJI.'1EDPOSmOIt) ~ fO1,tIDIIONIIÆIITAS!IJ1ID <II PlA1roR1Œ11SET ",",°'_""--- 10 BE srr AS C<JISII'UC1lOIt IS OOIIPIDID (U!) !)tOOONC1TEÐOMIUTrrf,OKOTAHiCI'lo\NŒ \(Jl. ", Pas. 11-12 - B\SIS Œ IÐOIIG ("') ~1IOO1IH - 011 PlAT 0""""- ,,"" -.a.. ... PG, 96 to) aMENSI)N MtlSURED FOR ",~.SUIM:Y 0 50 100 :aO'J r'\... ~- SCALf; t" . 100' fWEPJ<. WÞY ~lE "°. 04-10;254-00-SU B OF ~ .'DB No. 7133 Barghausen Consulting Engineers, Inc, c;.,;' "'~j,..<'r1;, land pq"'~g. S""'finq, En,;....".,1uI sc"",s IE215 J2.,d ~""'". ScuIh ~""" W>, 98032 ¡o-opn"." (415) 25'-6222 r.~ (\~) 251-8752 RECORDING GER11F1CATE: -";'q~o, nl" ,.. """d d the """'" .1 tho ,,"- dO} cf__-----, 200 -, nl__mio,\n p"'-..~- --"" oed '000"" ~ ""nm'__of FI.b 01 po,"-""""--' .",no,", of ~"' r.~"'1y, N""""~. OM""" Of REO,,",,' ANO EliC1I0IiS NW1/4 OF NE1/4, SEC. 12.T21N-R3E, W,M, SHEET 1 OF 5 ¡¡,òê¡;;-- Sn",<'r1"'.'" of .""do EXHIBIT PAGE' 1 ~ & :;; ! ö ~ N ¡g t ~ ~ :8 . õ ~ /. ~ <; 1 ~ ~ i ~ :< ~ ~ . ¡: l \'Ol1)"'1"'"' VENTANA A PORTION OF THE NORTHWEST 1/4 OF THE NORTHEST 1/4 SECTION 12, TOWNSHIP 21 NORTH, RANGE 3 EAST, WILLAMETTE MERIDIAN CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON LEGAl. DESCRIPTION 11ir NOR1HWEST QUAR1£R OF 11iE NOR!>'.WEST QUAR1£R OF THE NORTIt£AST Qu.oRTER 0, SrC11ON '2. TOWNSHIP 2' NORIM. """'" 3 EAST. "1I.WAmE NE",OIAN. IN lONG COUNTY. WA..<HIHGTON. DEDICATION KNOW ALL Pt'OPlE BY 11iESE PRESEI/TS THAT wf. THE UNDERSIGNED 0WNE1!S or INTEREST IN !>'.E lAHa HEREBY SUBai'llaED. HEREBY a£ClAAE THIS PlAT TO BE THE GRAP"C REPRESENTA- 0, 11ir SUBOMSICH N.ICE HERE- BY. #If) DO HEREBY OOIICA1( TO THE USE Of THE PUBUC I'ORMR AlL'STRŒTS AND A'ÆNtÆS NOT SHOWN ,IS ""VATE HEREON »10 DEOICATE THE USE THER[GF 'OR AlL PU8UC PURPOSES NOT INOONSJSID<T WiTH THE USE THEREOf ,OR PU8lJC .._AY PURPOSES. AND 1<50 THE .."'" TO NN(£ ALL NECES£"'" SlOPES FOR CUTS AHa nu..s UPON THE lDTS AHD !!!ACTS SHOWN THEREON IN THf ORiGINAl R£ASDHA8Lf G_G 0, s"'" SlRWS ....0 A'ÆHU{S. ""D FURTHER DED'CATE TO THE USE Of" THE PU8l1C AlL THE EÞSEMEIITS AHD 1RACTS SHOWN ON THIS PLAT roo AlL PUBue PURPOSES AS INDlCA1ID THEREON. INCLUDING BUT NOT uwm TO PARKS, OPOI SPACE. UTlU!1ES AND ORAINAGE UtILE.." SUCH EASEMENTS OR TRACTS ARE SPtCIF'CALLY IDEHT1f'.ED ON 1H1S PlAT 18 BEiNG DEDICATED OR OONV£YEI) TO A PIRSON OR ENT1TY OMR THAN THE PU8lJC, IN WHICH CAS'E WE DO HERœY OfDICATE AND OON\!EY SUCH smEETS, EASENENTS, OR 1RAC!S TO THE PERSON OR Ði11T'!' /OENT1<rn ANa FOR THE PURPOS£ STATEO. FURTHER, THE UNDERSIGNED OWN'J<S 0, THE lAND HEREBY SU80iVlDro. W- AND REWSE mR 'HENsElVES. THEIR IIBRS »10 ÞSSIGNS AND ANY PERSON OR ENTJ1)' OERMNo mLE 'RON 11£ UNDERSIGNED, ANY AND ALL CLOINS roR IJAIAGES AGAINST THE CITY OF f!D[RM. WAY, liS SUCCESSORS NoID ASSIGNS WHICH MAY BE OCCA- SiONED BY THE DES1GN. ESTABUSl<NÐiT. CöNSTRUcnON. OPERATION. FAILURE TO OPERATE. OR NAINTENANCE OF OOo\DS NoID/OR DRAINAGE SYSTEiols. AlTERATIONS OF THE GROUND SURFACE. VEGETATION. DIWIAGE OR s>Jt<fACE OR SUBSURFAC( 'HATER FlDWS Wf1>'.IN THE SUBDMS:ONS OR .11HIN "" OR.olNAGE OR OETENTION ,ACIUTIES DE- SI:;NED "0 RECEIVE OR ACTUAlLY IŒCEMNG ORHNAGE FROM >£ SUBOMSIONS AND THE CITY 0." FEDERM. WAY'S REViEW .<NO ---(!VAl OF PL\NS .<NO P~ mR SÞNE OTH£R TMAN ClAIMS RESUlTING fROld INADEQUATE MAlNTEtWlCE . BY THE Q1Y OF now< WAY. FUR!>'.ER. THE UNDERSIGNED O'IINERS Of IHE lAND HEREBY SU8QMDED, .AGREE FOR THENSElVES. THEIR HEIRS AND ASSJGNS TO INDENNIFf, HOlD HARlAti'SS. 10>10 DEFEJ~D THE CITY OF FEDERAl. WAY, ITS SUCCESSORS »10 ASSIGNs. FROU AND >GÞJNST "" DNoOAGE. INCLUDING "" OOSTS OF DEmISE. CWNED 8Y PERSONS \\\THIN OR "1III0UI TeE SUBDIVISIONS TO HAVE BEEN CAUSED BY THE DESION. ESTABUSHNEHT, CDNSTRUcnON. OPERATION. FAA.URE TO OPERATE, OR MAlNTE.\iANCE 0, ROo'DS AND/OR """1tAGE SYSTEM, Al1ERAT'ONS Of THE GROUND SUR- FACE. VEGETATION. DRAINAGE. OR SURFACE OR SU8SURFAC( WATER 'LOWS WflHlN THE SU80MSlONS OR v.!IHIN ANY DNJoJItAGE OR DEIEHTION FACr.mES DESiGN£D TO RECBVE OR ACTUAl1.Y RECEMNG DRAINAGE FROM THE SUB- DMSlDNS AND IME OTY OF FEDrnAl WAY'S RE'oIDV AND APPROVAl 0, PlANS AND PfRIIITS FOR SA~E. PRO"DED. THIS WAIVER AND INDENNIACAT1ON SHAlL NOT DE CONSTRUED /oS RElEASING THE em' OF FEDERAl. WAY. ITS suc- CESSORS OR ISSleNS. fROM lJA8jJTY "-OR DAMAGES, INa.ul>"" 11iE COST OF DEFENSE, RESULTlNG FROM NolO TO THE EXTENT OF THE SOLE NEGUGENCE OF !>'.E CITY OF FEDERAl. WAY, 11'5 SUCCESSORS. OR ASSIGNS. TliiS SUBOMSIOO, DEDICATION. ~ElfASE, INOEMNIRCATION OF ClJAIS. I0IO AGREEMENT TO HOlD HARWlESS IS HADE WiIH THE FREE CONS...T AND IN ACCORDANCE "IN THE DESI'!!:S 0, SAID OWNERS. R HANDS ""0 SEALS, ~~J\NA ~~ ~ SUSAH HORAN '?é£ C;;#e:e:r 5 FoG! 4POff/OÑIl'- '71"AI~"17.æe f AekNðUJJ..Þ6Me/J7" ACKNOWLEDGMEms ~~'OI'w=~~So:"'¡ SS. I CERi1FY IHAT I KNOW OR HAVE SATISFACTORY EViDENCE THAT GORDON RADO'IICH IS THE PERSOI' ..., A"PEAREO DETORE ME. ANa SAID PERSON ACKHOWLEOOED THAT HE SIGIIED TH'i """RUMENT, ON OAlH STATED HE WÞS ALTHORiZEO TO EXECUTE THE INS1RUNENT ...D ACI<>IOWlEOGED IT ,IS THE MANAGER 0, C""-'!. DE'ÆlOPNEIH llC. TO or TIlE FREE A'O VQlUNTAAY N:T OF SUCH PÞ«rY FOR THE USES .<NO PURPOSES MENTIONED IN THE INSTRUN"T. DATED THIS-LDAY Of"~. 200'. STATE OF W/oSHINGTON ¡ Ss OOVNTY OF KING ¡ . . I CERllFY !HAT I KNOW OR HAVE SATiSFAC'IORY EVIOÐICE THAT 1!Ji!!. ' IS THE PERSON WHO AoPEAREQ B"ME ME, ANI) SAID P£RSON ACKNOWLEDGED THAT (S¡HE SIGNED 1I1IS UN T 0" STA1f.D ~~~~E~ ~~E~~I,g,rg:rNl'Ero~'t'U~"M~ .:"o~~~~ ~ ÞSOFTH~"H PARTY FOR 1!<~FUm AND PURPOSES ~ONm IN TIlE INSTRUMENT. OATED .THIS.JÆ::'òAy O~~, 2004. /7. - 1- STATE O~ WASHJNGTON COUNTY OF KNG J. SS. I CERTIFY THAT I KNOW OR HAVE SATISFACTOIIY EVIDENCE IHAT SUS/" HORAN IS THE PERSW WHO APPEAR() DEFORE ME. N<IJ SHE ACKNOWLEDGED THAT SHE SIGHED THIS INSTRUMENT .<NO Þ.C~NOWlEDGED IT TO BE HER FREE AN~ 'IOLUHTARY ÞCI' FOR 11iE USES AHa PURPOSES MEH1IOHED IN THE 1NST!!UtÆNT. DATED THIS ~ DAY Of ~,.~ 20G4- ~~~.~ 1 T F3 STA1f. OF ¥iASH.HGT0t4 ='~PlRES ~~~ JODIE NIEMEYER NOTARY PUBliC SWEOFWASIINGION ~ISSIDN EX- MARCH 3. 2005 FEDERAL WAY ~LE NO. 04-101264-oo-SU APPROVALS DEPAfffi4ENT OF PUBUC WORKS EXAMINED ""0 APPROVED THiS_OI\Y Of"_----. -. 2004. PU8UC WORKS DIRECTOR -...----- DEPARTMENT OF' COMMUNITY DEVELOPMENT EXMCIHi:O...., APPROVED T><1S__-._DAf OF_- 2004. DIflECTDR OF CONIJUNrrY OEvrt.OP~tENT FEDERAL WAY CITY COUNCIL EXAMINED ""0 APPROVED THI$--_.___-DAY OF~- 2004. ~AYOR ATT!õST: CTIY CLERK KING COUNTY DEPARTMENT OF ASSESSI.tENTS' EXAMINEO "''O A"PROVED T"iS_OAY Of_. 2004. KING cow", ASSESS'OR ACCOU"T NUMBER_..- DEP\JTY KING cOUNTY ASSðSoR FINANCE DMSlON CERTIFICATE . , HEREBY CERTIFY THAT AlL PROPERTY TAXES AAE .AO, T"AT THERE ÞRE NO D!l.INCUElH SPlOW- ASSESSNENTS CERTIRED TO THIS omeE FOR COlLECTION "'0 THAT ALl. SoEClAl ÞSSESSNE.",S GERTIF1ED TO THIS Of"C£ FOR COllECTION ON "'IV OF THE PROPERTY HEREIN CONT"NED, DEDICATED 18 smms, AllEYS OR FOR ......, OTHER -UBUC VS£. NtE p"a '" FULl. THIS_OAYOF___, 2004. fiNANCE OiVISION MANAGER, ~'ANCE OMSìi5N------- ~_'h UTiUTY tASEIIENT PROVISIONS m rASENENT IS HÐŒBY RESER'IF.o FOR AND CONVEYED TO MEI SOUND eIERG'f, INC., COMCAST, QTIEST, lAIŒII.<'ÆN UTiUTY DISTRICT '"'A "'fiR RESPECTIVE SUCCESSORS NoID ÞSSIGNS UNOER ANO UPON THE "'"VAT! STRfi{S). IF /Hf, mD THE E)(1Ði1OR 10 (10) mr OF ALL lOTS. 1RAC1S AND SPACES wiTHIN THE PlAT L."NG PAPJti.EL \\ITH AND ÆJO'NING "'- STR£EI(S} IN WHICH TO CO:<sTRUCT, OPERATE. """7A1N, REPHR. REPlACE ¡æ ENlARGE UNDERGROUND "PEs, CONDUITS. CASL'S NolO W1R6 WITH ALL NfCGSAAY OR OON'Æ!lIENT UtIDERGROUIIO OR GJ1OUND-t.IOUNTED ""URJENANCES THERETO FOR THE PURPDSE 0' SER'IING THIS SU8Ol'll~CN AND OTHER PROPERTY WITH ElEcmc, GAS. TElEPHONE NolO OTHER UTrJTY SERVICE. TOGETHER :NITH THE RIGHT TO ENTER UPON THE STREETS. LOTS, TRACTS AND SPACES I,T ALL TIMES ro~ THE -URPOSE H!:RÐN STATED. DOWNSPOUT NOTE ALL BUIlD"'; DOWNSPOUTS, FOOTING OR/;HS, AND DRÞiNS FROU AU. INPERo1OUS SURfACES SUCH o\S PATIOS AND DR1'IEWAYS SHALl DE CONNECTED TO 1IIE P_NT sroRW DRAIN QUT,ElIS S1<OWH ON TH¡ ¡;¡.pROVED OONS'T- R\JcnOI DRAWINGS, PERNIT NO. 00-I009T3-<JD-EN FIlE WITH THE CITY OF FEDERAl WAY. 1HIS PV\N SHÞI.L BE SU8NlTITD WITH THE Al'!'UCAT1ON CF ÞNY ""'~HG Ff.RNIT. AlL CONHEÇ11ONS OF THE ORHNS NUST SE OOHSTRUC1tO .<ND A"PROVED PRIOR TO THE AtlAl. BUIlDING INSPEc- APPROVAl.. AlL INDIVIDUAl LOT Slue-OUTS SHAlL 9E PRiw.m.T OW"D AND ""NTAINED BY "'E LOT HOME OW~. SURVEYOR'S NOTES: 1. A œ.o IHAVERSE USING A 'Urn SET-"'" NoID A "SOKKIA SET 3100' TOTAl. STAT1ON W/os OONDUCT'..D, ESlAa- USHING THE A"'"~ AND DISTANCE RElATIONSHIP BrnlEEN 1HE NOIMIENTS N<IJ PROPERlY UNES AS SHO',", HEREON. THE RESUlTiNG OAYA OEEls OR EXCEEDS THE STAIIOARDS FOR LAND BOUNDARY SlJR'li:YSAS SET EORTH IN WASHINGTON ,lCNtNISTRATIVE COOE CH"FlER 332-'130-090. '. 2. PlAT CORNERS \\E\E STAKED WIIH 2" . PiPE, 24" IN lENGTil FlU£O "'" CONCRETE. fRONT LOT 'CORNERS \\£RE SlAKED WiIH J/4" GAlVANIZED IRON >'IPE "TH PLASTIC CAPS MARKED "BeE 25236". RE:AR LOT CORNERS -iRE STAKEO 'WITH 3/4' GAlVANIZED IRON .'PE VIITH PLASI1C CAPS HARKEO '"acE 28236", STREEI f.ICNUNENl'5 \\E\E SET AT ROAD ItITER3ECIIONS. PC'S. P1"S. OR P;'S. 3. BASIS 0; 8EARINGS AND sa:rKJN SU8DiV1S1ON PER PlAT 0; WOTA HIGHlANDS II>' DER'MN ROUPE DATED IIAROi 1976 "NO RECORDED IN VOlUlÆ .. OF PlATS. PAGES 71-72, UNDER RECORD"'G NO. 76D32JO640. ""-CORas Of" lONG CO\JNTY, WASHINGTON. 4. B<:NCHMARK: A RIM ON EXISTING SAN"A"" S£WfJ! './ANHOLE LOCA'tD IN LÆOTA HIGHlANDS. RI~267.67 PER fR-COUNTY LAND SUR>fY CO/JPAN'( 5/~/97. VmTiCAl DATUM' ~CAS JOB NO. 7133 Barghausen Consulting Engineers, Inc, eM! Engineemg, Lood -119. S"""ying, Enviro.'1menld - 18215 72nd A"""" South K,nt, WA 980J2 T,lephan~ 425) 251-6222 ;.~ (425) 251-B782 PA~E ~c OF~ J ~ ~ ! :;: " . ~ ;¡ ! D 0 ~ ~ ~ ¡ '" . ~ ! ;:; õ ~ ¡;. ~ § t I .. .! " [ \UU'f:/PAGE 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 RESlRICTIONS: ,. WRING 1\;E COURSE Of COHS1RCCT!ON OF "" LOT w:Ti!1N THIS SUBDMSION, STUB-OUT !N'IERT ElEVATIONS ro" STORM _tOOE SHOULD e, 'ÆRlF!EO BY THE INDIVIDlJÞl LOT ¡¡UllOfR OR 0_" TO ÞR(JI'OC THl NECf.S- SA.'<Y SlQP£ AW¡'Y "'OU THE PROPOSfD HOUSf. 2. TH£ ARTICLES OF iNCORPORATION FOR WE ,""TA'" HOMEOW'Ð1S' ASSOCIATION AAE ON mE WI1li THf STATE OF WAS><NGfON IN Oe_'<\' 3. ""V ¡.!)DRESSES S¡<OWN 'M: ?RElJIIINAR't ONLY ¡'~D AAE SUBJECT TO CHANGE. AS DICTATED BY THE IJC~D'NG DEPARTMOO. 4. 'HERE SHALL BE N~ DIR£Cf VEHlC"lAA I'£CES5 TO DR FRO. '>'I' 3D4TH mEET OR 2ðTH A'ÆNUE SW FW" THOSE LOIS ~Wl'" A9UT IT. 5. fRIoCT 'A' IS ,. STORM DRNNAGf 'RAeT .<ND IS oEREBY DEMUED TO THE Cf!'! Of 'EDERAI. WAY fOR DWNfR- SHiP "'D ""NTO<A'<CE PU""-OSES. 6. ""'OT 'e' IS It, OPEN SPACE TRACT -'liD IS IIERESY COO\'Ð'EO TO THE HOMEOWNERS' ASSWAtON IDOO1~ED '" NOTE 2, >SO'>'E, 'DR OWNERSH'P AND toIAJNTENAIICE pe'R?OSES. TI<E REIIOVAL OR DISTUR"^"",, 0' \~GW"ON .<NIJ lANDSCAPING SI\A!.I. el PROHmF.D W1HIN W.CT 'a', ExŒPI AS HEC'CSSARY roo t.II>INTENANC( æ "EPLACE- ""NT O' EXISTING PlANTiNGS - AS APPROVED ,~ WRmNG BY THE CITY Of F<.DERAL WAY. 7. THE STORM DRA.NlGE EASE""NI (S>I') r<oTED H£R,ON WITHIN LD. 25, IS PUSUC AND IS HEREBY CDNVF.\'!D TO THE C:lY D' r¡CERAI. WAY FOR ~'iE CONSrRUCTION, MAlNTOONCt AND R'FA" 0' S1ORII DRAINAGE f/>CILITJES. SIRUcrJRES, Rll. OR OBSTRUCTlDNS (INCLUDING BUT NCT U""ED TO OEC.S, PATIOS, OUTBU""'NGS, OR OVER- H'IIGS) SHMJ, ,'lVT fE """"'mED aMND THE BUILDING SETBACK UNE (BSBL) OR II"""N PUaUC DRJ;N")E EASO"N1S. .DDmONALLV, GRADING MJD CO,srrruanoN O' "'-NCING SHALL NOT eE Ali.OWED WI1li" THE puauc DRAJNAGE E.JSE1ÆNTS SHO'Iol ON 1li1S PLA' !lAP UNLESS O1"HERWISE APPRO\o£D BY 'HE CIn Of FrDEP.Al WAY. ~F t#;':':H~;.' F~": ~~t'm r~~~;:'1~~~/C~ o':-~~ ~:foE HERE9f DEOICAOEQ TO THE (>ff g. AlL ~T,LllY EA""""fS (UE) NO1[O HEREON I..'; lo-ÆET WIDE ARE HERE8\' CQ'f;t'f£0 TO ~Y AN' AlL UTIU11fS FOR 1liE INS7AUAT>ON AN\) ""NIDIANCE Cf WATER, SEll>", POW,", GAS, PHONE, AND CA9t.E TELf,.SlO'. AN O'<rnLYI:<G EASH"'" O'I£R 'HE I-FOOT ADJACENJ TO THE PUBLIC RIGHTS-Of-WAY HAS aEEN OEoICAillJ JO lHE CITY or FEDERAL MV 'S A R'G""-O,-WAY EASEMENT. (S," NOTE 8, ABOVE) :g¡, o";~,:;1".u:,~ ~~~J.~~ì,~s~ H£'JEON ARE N~'9Y OEOICATED TO L'<EltAVEN ~lIÜiY DISTRICT \1. AlL S""IT- "wm fASE.!JENTS (SSE) NOTED HEREON W1T1<1N LOTS '9 AND 2fi .." H~'<£BY DEÐlCA7ED TO lAKEHA\ÆN UlJU1Y DISTRICT 'OR OWN""H!" .v;, "Nt<Tl:NA'lCE PURFOSES. 12. THE RON! ~O smR" DR/oINAGE >YSTtJ,IS smL BE CONSTR'"CTED ACCORDING TO TH£ APPROVED Fl'" AND PROnlE. PER"" NO. oo-I00973-DO--EN ON nLE WITJj THE N' 0' I'EOERAL WAY, ~Y OfYATiON fRO" THE APPROVED PlmS W1u. REQUIRE Y.RIITEN APPROVAL "'OM 'ME 1)1". 0' FEDERAl WAY PUSUC WORIG OEf'A""DIT. 13. THE STom TREES, PlANTED AS A CONomON Dr PlAT "'PROVAl.. S"'lL BE PlANTED Þ<:COOO'~G TO ,"E AP?ROI',O r'GJNEERINC PlANS, PER"" NO. 00-100973-00-EN ON rO-E WITH 'HE CITY or mJERAl WAY. Au. SfREEr TREfS ShAu. aE M"",A'NED 8Y THE C!!Y or FEOERAL WAY. 14. THE BUILDING SETBACK u¡,ES ON CDR",," lOTS H¡'V¡ aEEN SHO\\'N IYITH A TlPlC'l FRO'7 YARD SETBAI;K: HOWEVER, PER FEDERAL \YAY CITY COO, 5£CTICN 22-1 (DEF1NlTiONS '?ROPEKfY UNE') THE FRONT PRDPEIm' LINE ON CORNER LOTS >JAY BE ON EITHE" SlREET, "IT'; THE BlAlDING SETBACK UN;.'; REVisE!> -CCORDING". 15. A PlAT ""'MCATE PRtPoIRro " CHICAGO Tm£ ""UPANCE COMPANY, THEIR OOOf> ND- ¡ 1100" AND DATED ""Y ,~ 200J, "0 ALL SUPPlßIENT!J.S TH'RmC, WfR, O<ElIED UPON FOR RECORD m:ws AfFECTING IH13 SU8O/V.sIO:t 'J:CORlJlNQ TO THESE DOCU~ENTS, T~E FOu.CIYINO 'TE"S Af'fer "'IS SIffi I\. AN U"OERGROUNO UTlUTY EASEMENT .<ND THE TERNS "'0 CONDITiONS THEREOF 'OR ="'K.: TRANSt<lSSION I>ND/OR 0:STRI8<JTJON SVSTEIJ AS RECOROED UNDER R£CDIÐI.\G NO. BOD5lðO331. THIS EASEMEN' HAS B',," C""PHICo\U.V OCPlCTED ON S'1l"..cr <, WIl"'" L01 28. B. AN ""REEMEN' "'D THE TooS AN!) CONOmDNS THEREOF FDR CONSTR\JCCON O' SEWER I\.~D WATER SY5IDJS AS REOORl>-:D UNOER OECOROING NO. 2000091900"". ,"IS DØCUMt'f[ NAS BEEN AIIENDED UNDER REC.oRDINO NOS, 20010925002152 ANO 20020B1200138', C. NOTICE OF ¡.!)oniONAL TAP OR C{)NNECTION CIR'!GES Fll'" BY WAfER DISTRICT NO. 12< IS R£CORDED uNDER RECORDING NO. 81C601D915. D. lICENSE TO ENTER PROPrnTY, "'I) "'E T£Rt,S AND CONDmONS THERror, TO INSPECI mE CONSTRUCTION OF It.tFROV1'}.ENTS AS RECORDED UNDfR RE"oORÐI'G NO. 200JD710oo0olO. T!1IS CCENSE WILL SELf-EXTINGUISH WNEN THE aONOS AR£ "ELEAS@. 15, ACCORDING TO S£PA CONDITIONS 0' APPROVAL. 56 DOUGLAS FI" 011 CRANO RR TREES, A "'NI"U" 0' SIX FEET iN HOOf[ AT THE TIIoIE 0' PlANTING, SHAlL BE INSTAllE" PR'OR TO FINAL PlAT APf'RO\IIL '£PA TREES HAYE BEEN PLA~TED ON LOTS 1-8. 12-16, iB. 2', 25-2B, AND ON TRACTS 'a', 'c' AND 'E' IN ACCOROANCE WI'" "'E APPROVED W<DSCAFE PWI CN RLE YnTH 1liE CITf or f1I>ERAL WAY, SHEET 35 Of 39 a; THE õ'GJ./EERING OESIGN Pl.'" SET. "s£PA' REPlJICE"OO TREES ARE REQUIRED TO "<TlGA"F' EN\I'?ONMENTAlIMPACTS AND TO PRO'<lÐE PERCHING OPPORTUNmES FOR AREA "iIlû EAGLES. THE SIPA fREES, WHICH AR" TO RE'¡\N " PERPErJlfY, SHAle BF t,¡,oMI'KD '!"I THE ",,~EOW¡¡¡:RS' ASSOCIAT'ON. " THE SErA TREES AR" DAW.Gro OR DESTROY-ill .. 'NY MI>NN"', WE HOMEOWNERS' ASSOCIATION S"ALl REPt,ICE SAID SEPA TREE W1TIi A MINIMUM SOHOOT TAIl lYPE DOUGlAS FIR OR GRAND FOR 11,." AN OVE?lYlNO £ASEME>IT IS HEREHV """"1£0 TO THE HOMEOWNERS' ASsOOIATION IOEN11~ED IN NOTE 2, ABOVE, OVER THOSE PORTIONS OF THE lOIS NOTED IN PARAGRAPH ONE OF TfllS NOTE Y"~H ARE IDE'lTIAED ON Y1<E ~~ ~¿;':D\~Eg :CC":J) ~D ~~g\,,~ g~~~,~.:c~ ÌrYE;;'f"fs"E~f~TR:~~~~}.(~~ 17. REPL"""ENT TREES '0" »GHlF!CANT TREES REMOVa: DURING CONSlRUCT10N SHAll Ii[ OEFICTED ON IHl' BUIlDING PERMIT SITf PlAN FOR LOTS 11, 17, 19, 20, 2'. 22, 23, 2<, .'IoID 25 ,;¡ THE TIME Of BUILDING I'ER- UIT APPUCATION. REPlACEMENT IREES SHAll BE BASED ON TH!: APPROVED TREr R(plJ,CEI.!EJ<T PlAN RECORDED UNDfR RECORDING NUMaER , O' SHAU. BE BASED ON THE APFROVED REP!ACE"OO TREE US1". REOUIRED REPt,IC.,"ENr YR"S SHALL aE INS1"Au.~ DN EN;>! Ao"I"EOTED lOT PRIOR TO nNAl "5I'E0- TION "'ID SHAI.!. DE ThE RESPONSI",LI'" OF 'HE INlJlVlDUAl HOME OWNER fOft M-"NTE.'ANoE AND REPlACEMENT. ,e. STORM YIATERS W:LL BE OISCHARGEO O'F-SITE "'OM 7R.\Ç"i 'A" VIA AM O~-S(1[ EASENENT ""'HIN lOT 25, AND OFF-SITE \1A EASEMf'oITS RECDROING NUI.!ŒRS 200J03210C0355, 20OJG321000365, 20020111002242 AND 20030"30018" ro PUBlIC RON"",S. A"" ""'NTIJAlLY TO OUT-rAllIN P\JGE' SO'-"D. . '9. FlU. SLOPES EJQS1" AT THE RfAR OF LOTS , THROUGH 8. 12 THROUGH 16, ANf) 2n '~GH 28, ACCORD'."'" TO A LETTER FROII ASSOCIAn;:D rARTH SCIENCfS, tIC.. DA.TED W.Y 24, 2004, THERE ARE NO BUIlDING RESTRIC- TIONS 'OR THESE StOPES OnlER THA' THE NDR"'l PROPERTY UNE SETBACK LIMITS PRESCRN!ED BY THE CfT( OF rrOEAAl ",Y. TIlE SLO!'f.S W~l BE SueJECT TO EROSION IF THEY ARE DlSJURBEO ANO ANV CONSTI'.UCTION ON 1liE SlOPES SHOUlD INCORPOMTE '" EROSION ""D SEDlMENl CO"ITROL P1.A' TO PREVENT TAA'JSPORT Of SOIL Of' THE SLOPES. A VEGETATI'I!: COVER SHOULD BE "AlNTAiNED OVER AU. PORT'ONS Of THE SlO?ES DN ""ICH D!:VELDPNENT OGES NOT OCCUR. PREFERABlE lmOSCN'ING WO~LD CONSIST or DEEPER-ROOTED, OIATIVE sPEClfS THAT 00 NOT RroUIRE SlGNI'ICA'fr IRRIG¡.TION 1IJ BE SUSTÞ.JNED. SITf-GENERAW STDR" WATER SHOI.W NOT BE ¡'UOWED TO DiSCHARGE 0",0 THE ~LL SCOPES. STaR" w.TER COu.EC"!ED FROI.I fj, INPE...OUS SUR- ""E' ON THE COTS SHOULD BE OIRECl'"iD TO T>1E FROJECI STORN WATER COLlEC'IlON SYSTEM. LANDSOI\.°ING mmlRES '"AT REOCiR£ DRAINAGE (i.E:, ROCKmES, RETAI"'NG WN..LS, ETC.) S~OULD 1lGI-ITUNE All. STORN \YATER COUECTIO' PIPES TO THE BOTTOM or THE SlOPES FOR D'sr.HAAGE. REOO"N"HDED READ'" IS THE DDCU"ENT 'SlO>E STAe'""l1ON .<ND EROSIO' COI'fTROI. USING 'f[t;[TAlION', pueUCATION 93-30 0Aill> ""V 1993, BY THE W>SHI"Gl"ON STATE OEPA""',," or ECOlOGY. 20. TRACTS "C', "Do '1010 "E" ARE LANDSCAPE !J!AC1'S, ...9 ARE H¡¡¡EBY CONVEYED TO 1liE HOLtEOWNERS' A5SCCIA"ON :D€NTI~EO IN NOTE 2, A80'<r fOR OWNERSHIP .<NO ""JNIDI'NOE P\JR?OSE5. FED'RAe WAY mE NO. 04-1017.54-'DO-SU PLAT DEDICATION F'OR NON-EXCLUSIVE EASEMENT ÞiI fASEIIOO IS HEREBY "ROOCAIiLY RESER'IED fOR 1<10 GIWI1£D 10 ~N II!1IJJY DlSTRICf, Irs H~RS. SUCCESSORS JW ASSIGNS, FO.' so LONG AS R SHALL OWN þ};O ""~7NN THE U11UTIES REFERENCED HERÐlj UNo<.R..., IPOH Tt£ AREA SOOWIf ON WE FL" "'D OESalfOCO HERE~ AS 'WAT£RUNE EASOIOO' (\It!) OR "SA'llTNff SE\\tR EÞStllEt<!" (SSE) 10 INSTAll. ""","N, ""lAOE, REf'Þ.JR "'0 DPERATE WATER AND SEVÆ:R NNNS N<D APPURTENANCES FOR THIS SuBDIViSI(>~ AND 01l!ER PRO"R" TOGE!HfR WIIH 1HE RIGHY TO ENTER tPJN S>JO EASE>lEIfTS ,;¡ All TINES fOR TH, PURPOSE $TATED. NO elJ1l.Ol'<G, Will. "OCKER>', FENCE. >REfS (),~ SnU¡CI'JRE or 0Ifr <0<0 SHALL BE ERECTED M PlAN!£D, NOR SHA:.L MY nli MATrnl'L BE ~JoCED WITHIN THE IIOUI<OARŒ5 0' SOlO F.A.~E"E", AREA. . NO ""CAYAIIOH SIWl ¡¡¡; UAOE WfTH'N "'REf ITET C' SA.O WATER OR SE""" SERVICE F/>CIUTIES ,\NO THE SUR'ACE LEvrl or :HE GROUND \!!!HIN THE EASalENJ 'R" SH-'I.I. ... "Þ.JNTAINED Al THE Ek'VATIONAS CU"'ENTLV EXISTING. GRAHTOR NX>IIDNAlLY GRANIS TO 01" GRANTEE, "fHE USE OF SUCH ""DITIO""- AREA ".ED!AlElY ¡.!)JAOENT ro SAID EAS<MEIfT AREA}<; S""U- BE REOORED mo. THE COtlSTRUCTION, ¡¡EOOKSTRUCTION, "","""",oE ,INQ O!'£RATION DF SND WA"-R OR SE\\£R fAC!LlnES- THE USE 0' SlJCIi /oDDIT'DNÞLAR'" SHAll. BE H[;j) TO A ROOO"'£U """'UII ...., BE "rnJRtlEO TO THE CONDITION "'SliNG It.,EOIATELV BEFO"E THE PROPER;'( WAS ENTU1EO UPOO flY GRANTEE OR ITS AGENTS. 'N AODmON TO THE OTHER RESTRICTIONS HfREIN, GRANTOR SHo\U. NO1" CON'/Ð' TO A ""00 PARlY. k'<l EASÐ.lOO O~ OTHER R!GHY O, USAGE HI THE PROPERTY WHICH WOuLD '~PMR OR I.JMIT THf GRANITE'S USE or THE EASE- "ENT ARf<\. r-----------------------------------------, I I I I I I I I I I I I I I I I I 2 I : T ¡ MAX. SlOPE Î : I I I I I I I I I I I I I I I I I I I I I I I I I I I I I : DETAIL: L______-------------------~~~------------_J PLAT NOiES: (continued ¡,om left) 21. BUIlDING ON SLOPING LOTS 1-5, 12-16 HID 20-26 SHOJ!.D FOLLOW THE GUIDEl.B or THE IN"R""TIOIt\L g~:¡gi~g i~p'rs(2~~ ~~~'O,~ ;~;J¿2 ~s p~~R D~:'\e~3;"~'iiN~=N A~6 ~~AN~ Jg,J,ESã, SUBJECT TO 'HE REQu"'urn1S Of SECTION 'eG5.3.5 Of THE tlTERNATION'I. BUIID..G COOE (200». Joe NO, 713.\ Barghausen Consulting EngIneers, Inc. CMI r'gW"'ing, Laod PIGMIng, SurveJin1¡, E11>ironmer.tol s.r-.it.. lem 72n<! A..I1IJC South Kent, Wk 9BO.J2 le1cphon~ (425) 251-6222 fc~ «25) 251-8182 NW1/4 OF NE1/4 SEC. 12 T21N.R3E W.M. SHEET 3 OF 5 ~_~HIEllT J ~ ~ ! ~ ] N :!i 8 ~ ~ ~ g l ;:j k ~ ~ i 1 ~ ~ ~ ¡; 8 j~ ~ s~ _~.Q5th STREET- ~~I!! Ili~ I!!B¡;¡~ il~~ ~!!I ~)!t~~ 1îI!!l!Ii ~ ;5 :1 g ~ d I ñ!Î -" a.. I <; ~: õ~ j' ~:; <u) -'¡£:> I , I I \'O1.Mj?jOE VENTANA C:i " ~ '" a.. ., 0 '" "I¡-""" I(:T "" ~ VIL""UI I I1V, '- 'If" .,¡::; D "'c" ~¡¡ 'Vi.. Iv, ","- Iv ~ >- () _J rZ ë: ;;'5 '1 :: . Lu C> -c ,/ ,/ .// ,/ " CD N ..., - 1;0- Cl. ., 0 "" z ~ 2 ;to t1) lui I> I~ l- I<> N in 0> N ..-, o:J O. ", 0 >< t- O < IX I- I I -- -j '2 !~! ' Jf YJ' 75' 25' s 1) 99, PGS. 7~-7'2 UHE TAIlf liNE lOT.o. lOO11I L1 ClR()JJ) C+ , t2 Cl ROAD ~oo' IJ 2ff>' L' TR!CIS 967' N L5 2' L6 10.68' NUm T110SE LOT UNES INTERSECTING CUR'ÆD LOT UNES a! RlGHT-OI'-WAY UNES NOT I/OITD /IS RADiAl [(R)] N!f. !/CN-R.\DIIL JOB NO, 7133 ClIM TAllli CUM lDf!tO. LfNGT!4 RIØUS C17 lDf 3 30,96' 225.00' CIB LOT 1 31,(11 25.00' C19 I lDf 18 32.58' 225.00' C2O lOT ,~ 11B6' moo 021 lDf 13 "1/111 27~rrJ C22 LOT 12 39.2T 23.rrJ C2J lDf 12 1s.M' 180,110' C2' !R.IC[' 21.0.}' 25.00' CIi> !R.IC[, 20.29' 50.00' 028 tor 2 218 275. m 1RACf C 8.oe' 50,00' C21I !R.IC[ 0 23.37' 5O.rrJ C29!ItICß 22.21' 5t5O' C30!1L><m 19.œ' 2~00' ....33'011' 031 !R.IC[" "01' 160.110" $22'2" CJ2 w.cr 0 IO-JO' 160 $30'29 l£GfND 00= !lCll(ltWIRJIRcœÐ{5ŒSllŒfIIORUfSCII'Í1J) & fWIII) IØII.IiB!T (SEE !HIT I fOR ŒSW:1IIN) . rm~FIJJÐLtlfW__SEJl1l'!ATtœIIER rn2J = m"":.. ~~ .: = ::y~-= SDESIOIII__l\I£NO:E1,SHIET.\) II RWE _lfffl£l\!ll!)l((s!I:Ml!EtSIfB3) 1£ UJrJIYf.IQIÐIT (SIr IIClE ~ !JiEIlJ) ILEIlllllUEEoISÐMC!!INDI£IO,SllIT3} SSE - !1m EmENI (SŒ HDŒ 11, !1m 3) iIS1!l !WING SIJBIO( 01£ 11( l1III IÐ\JOOIJfT EI5ÐIJII (s!I: ItDŒ 16, SIfEf J) "'. _FEEl )( c:1YOFIIJIIIIlIIIYSIHI"""""'_SU If! RÐWI f) MiTIC CIl' U;mJ8'!IT CUlM: lDf NO, 1.00111 I!AlXUS DELTA C1 lDf 2B ~1.28' <AJJ:# 58'<15'40' 28$ C2 lDf 28 2\.D3' 1MJt 48'11'23" 11.18' C3 lDf 2S 1'-'~ 210.00' -1',4"#' l.1B' c' lDf 24 21'" 25.00' 54""'7" 1293' C5lDf2.l3,68'25.C~B'25"'.'ß" C! lDf 22 IMi' 25.DD' 'X5O'D1' 9.81' c¡ lDf 22 41.11' 50.00' '701'48" 21M Co! lDI 21 JO.2~ 10.00 3f40'15' IMI œ lOT 20 J~2" 5D.rrJ 'fOm' 15.81 C1D LO119 48.89' 50. 26.60' CII LOT 18 41.41 50.00' ".98' C12 LOT 11 48.8i' 5D.00' 2S.6O' cn LOT 17 2118' 25.00' 12.<AJ C14 LOT 17 ...53' 25.00' 38.,,' C/O lDf 11 1.8' 2'0.00' DßI' C18 lOT 11 JUT 25.00' 25.rrJ FEOERA1. WAY nLE NO. D4-1O12&+-OO-SU Barghausen Con~ulting Engineers. Inc. cIv¡ Enç!"""g. Lond PIoroo;n9, Sul'lf'f"9, ["'Ì'""men(ol S..- 18215 l2I1d A-,'WJe South Kent, WA. 9B1l12. T...,""" (4"/.5) 25.1-5222 .'.. (425) 251-8782 NW1/4 OF NE1/4, SEC, 12, T21N-R3E W.M. SHEET 4 OF EXHIBIT .. ftAI'!e .~ x ~ I 0 ! ! . 0 !! 1008 J N :;:- ~ ¿ ~ ~ . ~ ~ 3 ~- ! .3- f g :>. d ~;( ~ # ""Ullf/P,,", J VENTANA A PORTION OF THE NORTHWEST 1/4 OF THE NORTHEST 1/4 SECTION 12, TOWNSHIP 21 NORTH, RANGE 3 'EAST, WILLAMETTE MERIDIAN CITY OF FEDERAL W A Y, KING COUNTY, WASHINGTON _roc. GY~ ill'RlCKC!!X:ANn rrs: . ACKNOWlEDGMENTS ~~OfOFW~NGTON ¡ 55. I cælfY !HAT I KHOW OR HA'Æ s.o.11srACTORY E\10ENCE 1IiAT RICK CECCAN!! IS THE PERSON WHO APPEARED ~~~ :'~~ft! ~~~~~~ED ~""W ~~t~."W~~TH OfS't~~ ~~ 10 BE 1HE FREE AN£) \IOUJNTA.~ I>C'i OF SUCH PNfr( fOR THE USES ..,0 PURPOS£S MElCTIONEo IN THE =~~~DAY Of~. 2004. ~~~~\.L~~ ~ NOTARY U~ STAT!: OF Iil\¡rQN =t1..E ,"""rr~-- """""SSION EXPIRES. .';;;... ! . ~ g ;! ] ~ :: 8 $ ~ FEDERAl WAY f1LE NO, 04-101264-00-8U JOI! 110. 713.1 ï } ,g r ;¡ õ. ~ ~ ~ ~ i ~ ïl ~ Barghausen Consulting Engineers, Inc. 0;," [nqin<ering. Land PIonring. s..ve-¡;ng. Envln>n.....01 Serkes 18215 72nd Avenue SoLlÜ1 KonI, W" 91032 T~1¡IIIone: (.25) 251-6222 Fox, (.25) 251-8782 ~~~I~ 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-SO', 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 ofCämmunity 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 Oseffransportation 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 RESOLVES AS FOLLOWS: Res. #I . Page I EXHIBIT ~ PAGE .1 ~ 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-SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effçct 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 recrçation, 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 schoo\. 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, Recon: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 I above, the Ventana final plat, City of Federal Way File No. 04-10 1264-00-SU, is approved subject to satisfaction of compliance with plat conditions and conditions required by the Public Works Director as Res. # . Page 2 EXHIBIT C. PAGE Z 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 shalI pay alI 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 affirmed. 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 Form: City Attorney, Patricia A. Richardson FILED WITH THE On' CLERIC PASSED BY THE CIlY 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 nON 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 nnd Avenue South Kent, W A 98032 Location: At the SW quadrant of the intersection ofSW 304th Street at 24th Avenue SW. In the NW y.. of the NE y.. of Section 12, Township 21 North, Range 3 East, W.M, King County (Exhibit 1 - Vicinity Map). ~ Ventana Final Plat Staff Report Request for Final Plat Approval Page 1 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 11, 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 20-131(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 20-131 (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 Z OF" Ventana Final Plat Staff Report Request for Final Plat Approval 04-10 I 264-O0-SU / 00c.1.D. 29178 Page 2 Improvements installed under file number OO-IOO973-00-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) if all tàxes 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 ofthe 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 300lh Street in order to maintain the outfall chánnel. 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 HIBJT t> 04-1~~t~ðF ~ Ventana 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 1, the Comprehensive Surface Water Management Plan, and the Stormwater System Operation and Maintenance Manual, and as modified by the Public Works 0 ¡rector. 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 of the conveyance system needed to accomplish the increase in runoff to 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, D, 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 V(Ï.thin 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. Staff Comment: This condition has been met. Note #6 on page 3 of 4 of the 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 SEPA mitigation. Open space replacement trees are proposed for adjacent lots 20 EXHIBIT Þ ~-L- Page 4 Ventana Final Plat StafTReport 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 of the 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 applicanthãs 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 FIð'(Ve'fing 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 requiredfor 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 singlejamily 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 requirement ~~~I~IT -p~- Ventana 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 3:1 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? 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 the,site be alerted to the possibility that archaeological remains could be exposed during construction, that evi-deñèe 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 waspresented 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 of25th 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 flAG£¡. " OF q Ventana Final Plat Staff Report Request for Final Plat Approval 04-10 I 264-O0-SU I Doc.ID. 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 SEP A 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 thel'reliminary 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 of37 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 obscuring site distance requirements. Significant trees shall not include red alder, cottonwood, poplar or big leaf m. aple. 4 The Eagles are known to perch in trees on the subject site. EX HI BIT . . PAGE :r ~ Ventana Final Plat Staff Report Request for Final Plat Approval 04-101264-O0-S0 I Doc.1D 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 ~ should unmitigated adverse impacts be identified by WSDOE. ~A~~IBtT O~~ Ventana Final Plat Staff Report Request for Final Plat Approval 04-10 I 264-O0-SU / DodD. 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 plàt 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 11x17 Reduced Copy of Vent ana Final Plat Map Final Plat Resolution of the City of Federal Way, Washington, Approving the Ventana Final Plat 8Y2 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 11,2003 Overall Landscape Planting Plan, Page 35 of39, Ventana Engineering Plans Site Modifications Letter, August 9,2002 Letter from Patrick Redmond, undated EXHIBIT Þ PAGE~OF -r- Ventana Final Plat Staff Report Request for Final Plat Approval 04-101 264-00-S0 / Doc.1D. 29178 Page 9 ,," (253) 661-4000 I- Federal Way, WA 98063-9718 March 11., 2{)O3 - . Mr. Rob Armstrong; PE Barghausen Consulting Engineering 18215 nod Avenue South Kent, W A 98032 F ~. ".... \'!. "- . ~ {L-c, ,- ...->-.. Re: File Numbers 00-100973-00-EN & SUB97-000S, Preliminary Plat of Vent ana Second Modification Request Response 'e.~- 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 April'6, 1999, and engineering. plans were submitted on March 13,2000. Previous modification requests relating to relocation of the 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.o( on-sit~. open;~ace from II,S 16 square feet to 7,783 square feet. Thë balance of the ope[i'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 affinal 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-ofpaym~ntto 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-ofpayment made for balance of the open špace obligation required under the FWCC: The Federal Way Hearing Examiner concurred with the Director's recommendation. - - According to your letter, lot grading that is necessary t<;> 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 thatit 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 ()n 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--L-OF ~ .. Mr. Rob Armstrong Page 2 March 11, 2003 f' The preliminary plat application for the Plat of Vent ana was approved through the Federal Way .... Hearing Examiner and City Council. The next formal step of the process will be the final plat that the City Council will review. In order for the.staffto recommend.approval of the final plât, tb.~ .,.;ypplication must be in substanti(il conformance to the appröved-'preliminary plàt'per FWCC ,.~ ' , -Section 20-136(b). . ;;,. -. - ,.' - The-F\V.CC doe~,~oÙp~Ctl'y what constitutes "substa~ial confo'rmance." In the absence of sp~Þific- criteria, weça.n '9fawúpoirFWCC Section 22,.36~.(which authorizes the Admini~{r!tÜv~, Guidelines. and Section 8, ,modification requests, contained therein), andFV{CC Section 22-41 Ì, "Complete '-- Compliance Required" (which des'cribes what constitutes a -minor or a major modifiCatio~);"'"anä:' =-:c': - - review your request based on these criteria. -- The- requ~st to reduce the size onhe ope-n spaCe tract tõì,J83'square feet 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 mi~igate 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 SeCtiðn 22-1568. These replacement trees shall be installed prior to final plat approval. ,~ .... -~{r Any person who receives a copy of this decision may appeal this decision.1þ.e appeal must be in the form 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 caÏendar 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 11.latterbeing appealed and astatemerit of the factual findings and Conclusions of the Director of Community+- - Development disputed by th~ person filing the appeal. - . - . \ . - This decision shall'riot wáivë compliance with future Citý()fFedêral Way codes~poiicies,aUd standards relating to th,is de~elopment. Please call Associate Planner Deb Barker at 253-661-4 Ü}J if you have any questions aooutthis letter. ',- '. - -. ..- ~- ,.,. ", Sincerely, -¡(~ ML~ Kathy McClung, Director C<>mmunity Development Services , c: Deb Barker, Associate Planner EXHIBIT~ PAGE~OF 2- F"oIe 1OO-I00000-OO-Ð{ Doc. LD.22OC9 A PORTlON OF THE ml1/4 OF NE 1/4, OF SEC. 12, lWP2lN. RGE.3E., WM KING COUNTY, CITY OF FEDERAL WAY, WASHNGTON -,~ .i 1'-SO' ~. ... ~ 'i H-W--~r !;;; -J Itf~&.f, '7:,1',',.',\\".,',',',.',' ~r'.~Frn)! BEE St£ET ~6 ; ..-.-.-.-..;:,.,..., BEE St£ET 137 ; :~ rA"~ ,-= ~,-"~ ..... ," .",.. :1 . .. .,~ ,,'-- //' TREE REPLACEMENT Rf:G.J,nEML~1 ¡; :,' ~ : ." .' I'1..AAliNO I'OTI:S. \. ._~,..,- ~'.......~,"-""""""." "',, """"-, "'.-,...............,...- ""'-1 .--~.."...........-_........... "'......",..,,""".""""""""-'- .",-.",..,--",.." -,"""",""'--- ., ".. ... a. , .. ~...- , ... .. .- ...... ~........-""'..._.."............."'" .."""'""""" ......."""..-...- -- .. ............ """" .. 'ON- , """"'""'"."""...-......""-- . .........""""""""""....."........"""....- .. """ ':-0'" """ """'""'" ON< .. ........ 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J ~ . ~.!!.i)~ 11>' .--~ (-" CITY HALL 33530 1 st Way South PO Box 9718 (253) 661-4000 Federal Way, WA 98063-9718 ~ !:'"' August 9,2002 "'¡i;'~ ~J- Mr. Chris Tobin Barghausen Consulting Engineers 18215 nnd Avenue South Kent, W A 98032 FiLE Re: File Numbers: OO-lOO973-00-EN & SUB97-000S; MODIFICATION REQUESTS Preliminary Plat of Vent ana, Federal Way Dear Mr. Tobin: This letter is in response to your June 27, 2002, letter proposing cl1.anges to the preliminary plat of Ventan.a. This plat received preliminary plat approval on April 6, 1999. Engineering plans were 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 of25th Avenue SW to the east side ofthatstiëet . .' . . !; ~.: '. : Proposal #2: Utilize a private access tract for fouf lots (18, 19,20, and 21) thai~~~IJ:-" extend southward from the èyebrow on 2~1h Avenue SW.' . ." ,..:'" , ' " ' ...' ".:,."'"',y",'.,d . Proposal #1 .' ,Clearing ofthe.~ajorityofthç siteexceptforthe.open ~P~Ge~~Hg¡'>Ìt~hfl\:"'.-,;;s!'Ù\';£;~~.:'i, allow for an on-site balance of the proposed earthwork With the currçnt.. h~ .' ,. ','-- layout.. ' - ",-::,"0'" ..' : '.. ""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 prOCèss will be the final plat that the City Council will review. In order for the staff to recommend approval of the final plat, the application must be, in «substàntialcompliànce" 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 FWCC Section 22-411, "Complete Compliance Required" (which describes what constitutes a minor or a major modification), and review your request based on these criteria. . EXHIBIT ~ PAGE'~OF , (~. ) _.-. ) 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 of2Sth Avenue SW is considered a minor change to the preliminary plat. The new location will result in a more natural setting (du~ to the elimination of the large concrete retaining walls) and enhanced views. The new locationand design must meet all requirements of the Public Works Department. ..,..,<,. . . ~ 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 tci 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 of the 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 Stonn Water Drainage Plan (page 4 of3~ received by the City on June 27, 02002) pursuantto the requirements ofFWCC Section 22-1568. Replacement tree in£:ormation shall be required with the construction pennits for new single-family dweUingunits on the nine referenced parcels. . This decision may be appealed by any person who receives a ropy of this decision. The appeal must b~ in the fonn of a: le~er delivered to the ~epartmep.t of Community Development Services (33530 1st Way South,' PO Box 9718, Federal Way, W A 98063-9718), and be accompanicil 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 Qf the factual findings and conclusións of.the Director of CommunitY Development disputed by the person filing the appeal. 0'. J ;'~:~>. . . . 0 '. ~. 0 This decisIon 'shaH nofwaive compliance' with futUre CitY of Federal Way Codes,:poÍicies, and sta.ndards relating to this development. Please call Deb Barker, Associate Pla~er'- at 253-661-4103 if you have any questions about this tetter. 0 0 0 . Sincerely, -K~~ Kathy McClung, DIrector. Community Development Services .- . c: Deb Barker, Associate Planner Ken Miller, Public Works Department Deputy Director FWCC Section 22-1568, "Significant.Trees" Marlcup of Overall Grading and Stocm Drainage Plan Jim Fending, Development ServiceS Manager «-. Sarady Long. Traffic Analyst 0 V 0 . ~A~~!tÕF: ~ enc: Administrative Guidelines Modification Requests FWCC Secti9n 22-411, "Complete Compliance Required" Fik ~IOO9n-4O-£N z :5 0... ill CJ « z '« I~ ~a: .=0 ~\- co 012 15« 5~ ~~ " §O --I --I « a: ð \ NVld 3QVNMJa IWlB Œ'I 0t«:J'9'W TIV\:B¡\O 8 31m 'J.ÐllS Nvrc ~ NOO. V\:IOd;()O swon NOJ.OtfT8M ~ '"tIL -- .. - - .. ... "" .."It I 11""""'-"""""- ..... ""-" . LU I .. U- L I' '11 - ~'.. ì 1 I ~ II! II g g ~ ~ " .. ,---¡ ì i \\ K t \1 t' 't~!~ , .' " " .; ',;:~ .. "" .. '", . ~, , ',:; , ~] ',,-:" ':' { .. " '~, :~ ,> ,<, '0, ,j , 0 " . - :gå ~' ,,"r"";' 7/ ':'::':OF 3 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 sorry 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 of the 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 rockeiy would be just outside my backyard fence, but the propoÚd 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 [InTI that evaluated the drainage for the Preliminary Plat proposal. I believe that this proposed compromise also influenced the Hearing Examiner's, Mr. Causseaux, decision fOf approval - because it would not reduce the value of existing property to increase the value of the property (lots) of the proposed Plat. Thee and a half years later, with only a 14 day notice that work would begin (this was the only notice, update received in alUhat 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 origim~l property allowing thyse eastern lots to build "Sound View" homes, greatly increasing the,property value of the homes to be bhilt on these lots at the cost of the value of the 4-6 homes along the eastern boundary Ime. It is evident from a tour of the Ventana properties that the regrading has greatlv improved the views' and significantlv increased not only the 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. ' ' .-r,"~ ,.',. "", 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 [mally 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). AB a citizen who has taken time to actively participate in the process and been presented with a Preliminary Plat approval that nino 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. Maybè you could review this for me. Please let me review my concerns: , . 1. The gra4ing of the Ventana Plat, arid the ugly and imposing 20' grass wall/mound on the eastern EXHIBIT 'I PAGE I ~ 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 firms 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 hav~ 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 requires 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 ofthe 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 Jike to be informed 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 greatlý ap~reciatea phone message, at (253)670-3749 my cell, and/or an email at redmondservice<maol.com. 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 ailow 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 initial hearings and I mow that you were very concerned about the results and impact on us by the changes ín the proposed Ventàna development. .. Patrick J. Redmond 30423 23rdAve 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 availáble to Mr. Causseaux, he should mow how the Preliminary Plat that he approved has changed if he is not aware. I am sure this is not what he approved. EXHIBIT 'f PAGE~OF L .: ~ Pierce County' . . Office of the Pierce County Hearing Examiner 902 South 10th Street Tacoma, Washington 98405 (200) 272-2206 STEPHEN K. CAUSSEAUX, JR. Pierce Cou,:,ty Hearing Examiner ( , TELECOPIER COVER SHEET '\(~ ' ð. d-- .- VIA TELECOPIER No. : U Co \ - Llol5. ~AO-/u..l~~ TO: RE: ~q ~ O~ 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 CHRXST;J:NA ALLEN, of McCARTHY, CAUSSEAUX & ROURKE, INC" p, S './ at (206) 272-2206 for res ending , Thank you, I STEPHEN K. CAUBBEAUX, JR. HEARING EXAMINER 902 South lOth Street Taooma, Washington 98405 (206) 272-2206 (Switchboard) (206) .272-6439 (Fao8imile) - .(} ( <7 ~~ ~... ~. 'ì-.. . ( @ EXHIBIT f PAGE-Lõf7Ø .""""",,~pa¡>o< . t .:;¡~Yd 90ZZZLZ£~Z ~('P T >s1 1.<t/"lT c..., ... t ,.,~~" L L "7"7 .~." ~ CITY OF .- -~-?--~ EDERAL.. ~~ t=IY'" 33530 1ST WAY SOUTH (253) 6ól-AOOO . FEDERAL WAY. WA 98003-6210 \ February 22, 1999 -, Wellington Morris Corporation Greg Sahar, Vice President 10335 Main street, Suite 8 Bellevue, WA 98004 REs VENTANA PRELIMINARY PLAT. FWM~# 99-02 Dear Applicant: Enclosed please find the Report and Decision relating to the above- entitled case. very4tt~ ~ L STEPHEN K. CAUSSEAUX, JR. HEARING EXAMINER SKC/ca co: All parties of recor~ City of Federal Way EXHIBIT e. PAGE z. OF r l -;:;:!:)Vd Of\77717CC7 CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) ) ) ) } ) FWHE# 99-02 SUB97-0005 VENTANA PRELIMINARY PLAT I. SUMMARY OF APPLICATION 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. II. PROCEDURAL INFORMATION Hearing Date: DecisIon Date: February 2, 1999 February 22, 1999 At the hearing the following presented testimony and evidence: 1. 2. 3. . . £ .-:;IDVd Deb Barker, City Associate Planner, City of Federal Way Bob Sterbank, Deputy City Attorney, City of Federal Way 4. David Halinen, Attorney at Lawr- on behalf of applicant, Bellevue PlacefSeafirst Building, 10500 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 88023 6. 7. Sean Redmond, 30423 23rd Ave. SW, Federal Way, WA 98023 8. Robert Collins, 30235 25\11 Ave. SW, Federal Way, WA 98023 9. Kent Nelson, 30206 25th Ave. SW, Federal Way, WA 98023 10. Chris Castrow, 2324 SW 30011\ St., Federal Way, WA 98023 . 1 EXHIBIT . ~ PAGE 3~ 90zzza£sz DaIS I '11 RT.Ol t>t>:t>1 h.Tnw' t:.t:. 77 .~-=~ 11. 12. Raymond Miller, 3827 38th Ave. SW, Federal '!jay, 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. 3. Staff Report with all attachments Letter dated January 31,1999, from Chris Carrel Memorandum dated February 2. 1999, from David Hannen 4. Rockery 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. \7 ":;¡ÐVd 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 applica"nt 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--1-.0F / r 90lllLl£5l Ð<I"I8: I ~ H~OI \7\7:\71 (NOW) 66. II "8:::=:3. 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 30411\ 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 eastto connect with 24th 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 appllcant must Install a re.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 12lh Avenue to 3041t1 Street which presently terminates at the plat boundary. Future plat resIdents will likely travel from the plat via 306tt1 Place onto 21't Avenue which provides a connection with S.W. 312th Street and Dash Point Rd., both of which provide access to SR-99. 30411\ 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 30401 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 Y: 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-of-way, utility easements, and building pads and must be 3 EXHI~IT ~ PAGE ~ <; ":;¡DVd 0(\77717C-'::'7 -~~~ . ~ ...-- removed. Most of the significant trees are located on 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. 8. Because of the topography, the applicant has requested the City to approve mass grading which will allow on-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, pl1eated 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.LOF I r 9 .:¡¡~Vd 907.7.7.I.7.r:.~l <'\n"Ta . 2Ø u.". ,....... ,..~~" LL 77 .~~-, 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 ensatina 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 w1l1 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 30411\ Street and 2410 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 30411\ 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 at! 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 appraisa1. 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 classification, 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 . f: PAGE~OF ff L '3DVd 90lllLll>5l Da,g I ~ HTDI QÞ:ÞT (",ow) 66. ZZ'E?,.;:. 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 ensur~ 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 makes 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 304th 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 EXHIBIT ~ PAGE~õF:Ll: "eO :3:ÐVd QO77717Cf:.7 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% ot 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 25\11 Avenue to the south and the extension óf 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-at-way will likely not be used for road purposes. 15. - - A drive through the View Cliff subdivision reveals an attractive, wet! 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 251/1 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. 304th Street, turn northbound on 24th Avenue S.W.. travel north for approxImately 1,000 feet. make a horseshoe left turn onto 3011\ Place which runs to the northwest. make a sharp left turn onto 25111 Avenue S.W., and then drive south about 1,000 teet to Ventana. A much quicker and easier access into Ventana is provided via 211\ Avenue and S.W. 3061h for drivers coming from either the north or the south. Ventana residents would have no reason to use Vìew 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 willlìkely use the Ventana roads as opposed to the present 24\11/304th route. While 25\h 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/3041/1 route to Dash Point Road. 7 EXHIBIT 1.. PAGE.!LOF .1L 6 '3:{)Vd 90zzza~sz I.þ:þt (>JOW\ (;(; 7.7. '",-:::: va,s I '" H~OI 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 commun1ty; prov1de 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 25m 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 3011l Place is longer than 1,200 feet. Connecting 25lh 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 ...IS- 0 1 '3~Vd 90ZZZLZ(;~Z "fT,q r 19 urnr n..."" ',..~~" ££ 77 .~~.. The Federal 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 single 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 foHows: t t °3::)Vd 8. land Use Goal 3 and land Use Policy (lUP) 14 encourage the preservation and protection of Federal Way single famity neighborhoods through strict enforcement of the City's land use regulations. Such includes the requirements of the subdivision code set forth above. Furthermore, smatter 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 25tn 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 ~ . PAGE-LLOF' / S 90llll.l£Sl :)018 t 'i Hl.O1 . et-:t-t (NOW) 66. II °E:õ.:i connections to create route alternatives, especially In areas with few access choices. . Opening 25th Ave. specifically complies with the above goal and polley 88 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: a. Arterial streets at least every 1,200 feet in single family zones and every 600 feet in non-single fa.mily zones. b. Collector streets every 600 feet in single family zones and every 600 feet In non-single family zones. Implementing TP 21 would require extending 304\1\ 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 adopted-standards. plans, and policies of the City Council. Furthermore, maintaining 25m 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 $2.882 per single family housing .unit oat the time of building permit issuance. As previously found, the applicant is providing safe walking conditions for students by providing sidewalks on both sides of internal plat roads and on the south side of 304111 St. E. to Adelaide Elementary School. 10 EXHIBIT (; PAGE1LOF ...LL l t °3DVd 90llZLl~!":jl Da-HI t '\' H1.0 t 6Þ:Þt (NOW) 66 7.7. °9'--': 21. Whlle concerns were raised regarding overcrowded conditions at the schools, our Court of Appeals has addressed this issue in the case of ~ A$sociates 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 the subdivision to the City 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 Federát 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 ~ lr PAGE...l.3.-0F ¡;: t '3rJVd 90ZZZLZ£SZ I)('ro<> T 1P UTi'T ........... L..-"" " ~~ 0__- 23. proposal for a rock retaining wall and requested the Examiners 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 potlcles of the Federal Way Comprehensive Plan and satlsfies all criteria of the Federal Way Subdivision Code and zoning regulations. 3. The proposed prelimInary plat makes appropriate provisIon for the public 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 schoo! 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 ~ EXHIBIT PAGE~OF vI '3:ÐVd 90771/.7(:0::.7 ~~-- . - ----- 5 t ":;¡::>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 shaH 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 shaH 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 dåwnstream 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 "Storm water System Operation and Maintenance Manual, n and as modified by the Public Works DIrector. 13 . . EXHIBIJ- é 1£: PAGEJ:LOF 90lll¿Z£5l 05:t-t (NOW) 66. ZZ"8:3.:! ::><118: I >¡l H~O t .' . 9 t '::¡:)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-at-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 pennits, a landscape plan. prepared by a licensed landscape architect, shall be submitted to the city tor approval, and shall include the following elements: a) b) Open space landscaping; Street trees in planter strips inside plat boundaries;"'" c) Tree conservation and significant tree replacement; and d) Visual screening ot all property boundaries of the detention tract from adjacent properties and the right-at-way with landscaping and/or fencing. Cyclone fencing, if used. shaH 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 shaH promote resìdentla1 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 90ZZZLZ£5Z :)G-¡13: I 19 H~Ot t<;:t>l (NOW! ¡;¡; 77 '07.3 . 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 shaH 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 shan 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 VlewCllff 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 fina1 approval by the City. RECOMMENDATION: . . L [ ':;¡::>Vd 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. n¡( DATED THIS 12- DAY OF 15 EXHIBIT ~ PAGE--'LOF .JL 90lllLl£5l 15:v[ (NOW) 66 7] °$'1"': ::>018 I 'Ii' H~OI rá TRANSMITTED THIS ðf), DAY OF February, 1999, to the following: APPLICANT: Wellington Morris Corporation Greg Seher, Vice President 10335 Main Street, Suite 8 Bellevuå, WA 98004 ENGINEER: Pinnacle Engineering, Inc. Ray Miller, PE 11100 NE 8\11 Street, Suite 355 Bellevue, WA 98004 OWNER: - Roberta and Ernest Gadberry 438 Comstock Place Seattle. WA 98109 David Halinen 10500 NE 811\ St. #1900 Dean Condos 30444 28th Ave. SW Keith Dewey 401 SW 152M Street Louise Uhlman 2434 SW 306111 Place Dianne Ray 2405 SW 301at Place Patricia Clark 30255 25th Ave. SW Sean Redmond 30423 23(0 Ave. SW Robert Collins 30235 25th Ave. 'SW Kent Nelson 30206 25\11 Ave. SW Penny Fullaway 30215 25th Ave. SW Mike Bollen 30432 23rd Ave. SW . Cary Lang Construction 34618 11th PI. S., Ste. 200 John Norris 10516 17211d Ct. SE Randolph Colton 30188 25tn Ave. SW City of Federal Way c/o Chris Green 33530 1 It Way S. 16 e 1 '3:~Vd 90lll¿l£5l Bellevue. WA 98004 Federal Way. WA 98023 Burian, WA 98186 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 A- PAGE-LLOF ~a-H! I ~ RtO t 7.<;: bl ("",wI ~J. 77 .~-. Ja-(~) MEETING DATE: December 7, 2004 ITEM# CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Proposed Settlement with WitTel Communications CATEGORY: BUDGET IMP ACT: 0 CONSENT D RESOLUTION [8] CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ """'m...._.........--....... ATTACHMENTS: Proposed release agreement, approved as to form by the City Attorney. .......-.....-....""""'-""""""'-"""""-""'" SUMMARYIBACKGROUND: A dispute has arisen between FederalWay and WilTel regarding compensation for work performed by the City of Federal Way when Federal Way attempted to install the interconnect cable into the 1-1/2" conduit provided by WilTel along Military Road as part of a franchises agreement with Federal Way. Both parties, WilTel and the City of Federal Way desire to settle all existing and possible claims relating to this dispute and therefore have reached a proposed settlement, as attached. WilTel Communications will pay the City of Federal Way a sum of$14,527.18 in full satisfaction oral! ofWilTel's obligations and liabilities in connection with the dispute. CITY COUNCIL COMMITTEE RECOMMENDATION: None. """'--"-""""'....-......' PROPOSED MOTION: "I hereby move to accept the proposed settlement with WilTel Communications as attached and authorize the City Manager to execute the agreement." CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED 0 TABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05110/200] RELEASE AGREEMENT DRAFT ¡¡þ()/tíf THIS RELEASE AGREEMENT ("Agreement") is entered into and effective as of the - day of , 2004 between the City of Federal Way, City Hall, 33325 8th Ave. South, Federal Way, WA 98063-9718 ("Federal Way") and WilTel Communications, LLC, a Delaware limited liability company, fonnerly known as Williams Communications, LLC., a Delaware limited liability company, ("WiITel") (sometimes collectively referred to as the "Parties"). RECITALS A. A dispute has arisen between Federal Way and WilTel regarding compensation for work perfonned by Federal Way when Federal Way attempted to install the interconnect cable into the 1-112" conduit provided by WilTe! along Military Road as part ofa franchise agreement with Federal Way, ("the Dispute"). B. Federal Way and WilTel desire to settle all existing and possible claims relating to the claimed Dispute by means of this Agreement. NOW, THEREFORE, in consideration of the above recitals, and other good and valuable consideration, Federal Way and WilTel agree to resolve any claims they may have in connection with the Dispute upon the following tenns and conditions: 1. Payment to Federal Way. WilTel agrees to pay Federal Way the sum of Fourteen Thousand, Five Hundred Twenty Seven and 181100 Dollars ($14,527.18) in full satisfaction of all ofWilTel's obligations and liabilities in connection with the Dispute. Withdrawal of Claims. Upon receipt ofWilTel' payment to Federal Way as 2. provided in paragraph 1 above, Federal Way agrees to withdraw and abandon any claims it now has or may in the future have against WilTel relative to the Dispute. Each party agrees to bear its own attorneys' fees, costs and expenses incurred in connection with this Dispute. 3. Release. Upon performance of the obligations set forth in paragraphs 1 and 2 of this Agreement, and in consideration of the promises and covenants contained herein Federal Way, intending to be legally bound, hereby fully and finally releases and forever discharges WilTel and its employees, agents, legal representatives, affiliated companies, contractors, subsidiaries, parent companies, predecessors, successors, partners, participants and joint venturers, and all other firms, persons, corporations or entities in any way connected with WilTel, from any and all claims, causes of action, liens, claims, rights, damages, loss, costs, legal fees or expenses (whether known or unknown, and whether asserted or unasserted), which it has or at any time may have had as a result of, or in connection with the Dispute, or any act or omission ofWilTel in relation to the Dispute. 4. Representations and Warranties. The Parties hereby represent and warrant to one another that they have the requisite power and authority to enter into this Agreement. 5. Entire Agreement. The Parties agree that this Agreement constitutes the full and complete understanding and agreement of the Parties. 6. Modification of Agreement. This Agreement may not be modified or amended except by an agreement in writing signed by the Parties. 7. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 2 8. Governing Law and Forum. In determining the rights of the Parties hereto, this Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Washington. 9. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute but one instrument. WHEREFORE, this Agreement shall be effective as of the date hereinabove written. CITY OF FEDERAL WAY: ATTEST: Davis H. Moseley, City Manager City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: ~ij !,~ ~h~ ßl\ !-y\ \ k in tricia A. Ric ardson, City Attorney WILTEL COMMUNICATIONS LLc. WITNESS: Robert Jackson 3 MEETING DATE: December 7, 2004 ITEM# ~ (L)' CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: North Lake Annexation Ordinance CATEGORY: BUDGET IMPACT: 0 CONSENT 0 RESOLUTION D CITY COUNCIL BUSINESS i:8J ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0 $0 $0 .......--........-...-..---.-....... .......-...........-...-...... m.m..._.................-...........-.......... ATTACHMENTS: Ordinance with Exhibit "A" (legal description) and Exhibit "B" (map), LUTC Staff Report .................................................................................................................................................................,,..""""""""""""""""".""""""-",,,..,."'.,.-...........................,.....,..................................................................................,............."..."....,.",.,.,""""""""""""""""""""""""""'...,.,.""".."""...,...,-"."",.,. SUMMARYIBACKGROUND: On November 2,2004 voters within the North Lake annexation area voted to approve the annexation. The King County Elections Division certified the results on November 17,2004. During this period of time, King County staff has been reviewing a draft annexation interlocal agreement prepared by City staff. The proposed annexation interlocal agreement would address annexation transitional issues including permit processing, acquisition of County-owned property, police transitional issues, records transfer and finances. Notably, Police and permitting transitional issues are operational in nature and thus of more immediate concern. On October 18,2004, LUTC directed staff to work towards a January 1,2005 effective date, provided an annexation interlocal agreement is adopted. At this point it is clear that the County, and then the City will not be able to review and adopt the interlocal agreement prior to January 1,2005. On December 6, 2004 LUTC directed staff to prepare an ordinance making the North Lake annexation effective on January 1,2005, contingent upon completion of a Memorandum of Understanding (MOU) to address annexation police and permitting operational issues. The proposed annexation interlocal agreement will then be processed and adopted by the County and the City during the first quarter of2005. CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC voted to recommend that City Council adopt an ordinance making the North Lake annexation effective January 1,2005, contingent upon completion ora Memorandum of Understanding with the County to address police and permitting operational issues. PROPOSED MOTION: "I move the proposed ordinance to second reading and enactment at the December 21, 2004 regular Council Meeting" F (2~.7'.) f'~. T ~""'<.." k. l,. ..""" 1'b/7/C f ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASIDNGTON, ESTABLISIDNG AN "EFFECTIVE DATE OF JANUARY 1, 2005 FOR THE NORTH LAKE ANNEXATION WHEREAS, residents within the North Lake area have expressed interest in annexation to the City and have submitted to the City an informal survey of residents in the area showing that a majority of those surveyed favor annexation to the City of Federal Way; and WHEREAS, the City Council of the City of Federal Way, Washington, has determined that it would be in the best interest and general welfare of the City of Federal Way and the annexing area to annex certain property east of existing City of Federal Way City Limits, south of S. 320th St., west of Peasley Canyon Rd. S., and north of Highway 18 and existing City of Federal Way City limits, and legally described in Exhibit "A" and graphically depicted in Exhibit "B" attached hereto and incorporated by reference as if fully set forth; and WHEREAS, financial analysis of revenues and costs for the North Lake territory indicate a net annual surplus to the City of Federal Way in the amount of$7,543; and WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14,2000, November 1,2001, March 27,2003, and July 20, 2004; and WHEREAS, the July 20, 2004 amendment included adoption of a Potential Annexation Area (PAA) Subarea Plan, which replaced Chapter 8, "Potential Annexation Areas," of the Federal Way Comprehensive Plan, and; and WHEREAS, Chapter 8, "Potential Annexation Areas," of the Federal Way Comprehensive Plan establishes Comprehensive Plan designations and zoning classifications for property within the Potential Annexation Area; and ,PAGEl ORD# WHEREAS, the North Lake area is within the City of Federal Way's Potential Annexation Area; and WHEREAS, portions of the North Lake area are regulated as shorelines of the State and those portions of the area will continue to be regulated under the King County Shoreline Management Master Program and Regulations until such time as the City of Federal Way amends its Shoreline Master Program to include this area; and WHEREAS, the Growth Management Act and the King County Countywide Planning Policies encourage transition of unincorporated urban and urbanizing areas within Potential Annexation Areas from county governance to city governance; and WHEREAS, annexations are exempt from the requirements of the state Environmental Policy Act; and WHEREAS, on May 18, 2004 City Council passed Resolution 04-413 calling for annexation by election of the North Lake area; and WHEREAS, on July 23, 2004 the King County Boundary Review Board notified the City the North Lake annexation was considered approved by the Board; and WHEREAS, on August 24, 2004 City Council passed Resolution 04-422, setting an election date of November 2, 2004 for the North Lake annexation; and WHEREAS, on September 27 and October 27, 2004 the City held informational open houses for the North Lake annexation; and WHEREAS, the City provided public notice of the North Lake annexation pursuant to RCW Chapter 35A.14.070; and WHEREAS, on November 2, 2004 voters within the North Lake area voted on the question of annexation to the City of Federal Way and a majority of voters residing within the area voted in favor of annexation; and WHEREAS, on November 17, 2004 the King County Director of Elections certified the results of ORD# , PAGE 2 the North Lake annexation WHEREAS, the City Council desires to establish an effective date of January 1, 2005 for the North Lake annexation. Now, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as follows: Section 1. Findings. A. The best interests and general welfare of the City of Federal Way and the annexing area would be served by the annexation of certain contiguous unincorporated tecritory lying in the area east of existing City of Federal Way City Limits, south of S. 320th St., west of Peasley Canyon Rd. S., and north of Highway 18 and existing City of Federal Way City limits, legally described in Exhibit "A" and graphically depicted in Exhibit "B" attached hereto and incorporated by reference as if fully set forth. B. Annexation of the North Lake area would benefit the citizens of Federal Way by transfecring permitting and land use authority from King County to the City, thereby establishing a future land use pattern and transportation network inthe area more consistent with that ofthe entire City. C. City Departments are ready to begin providing services within the North Lake annexation area. D. The City, in conjunction with the County is developing a Memorandum of Understanding to address annexation operational issues including permit processing and police transitional issues. E. The City has taken and is in the process of taking the steps necessary to receive tax revenues generated within the North Lake area, including notification of State and County offices and completion of an annexation certificate. F. Financial analysis of revenues and costs for the North Lake territory indicate a net annual surplus to the City of Federal Way in the amount of $7,543. Section 2. Zoning. All property located within the territory to be annexed shall, simultaneous with the annexation, have imposed the City of Federal Way Comprehensive Plan designations and zoning ORD# , PAGE 3 classifications, prepared under RCW 35A.14.330, and depicted in the Potential Annexation Area Chapter of the Federal Way Comprehensive Plan, as adopted by ordinance number 04-460. Section 3. Annexation Effective Date. The North Lake annexation shall be effective on January 1, 2005, subject to successful completion of a Memorandum of Understanding related to police and pennitting operational issues prior to January 1,2005. 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 other persons or circumstances. 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 take effect and be in force five (5) days from and after its passage, approval, and publication, as provided 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 ORD# , PAGE 4 FILED WITH THE CITY CLERIC PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: ORD# , PAGE 5 CITY OF FEDERAL WAY NORTH LAKE ANNEXATION AREA LEGAL DESCRIPTION That portion of Sections 15, 16,21, and 22, Township 21 North, Range 4 East, Willamette Meridian, situate in King County, State of Washington, more particularly described as follows: Beginning at the intersection of the Southerly margin of South 320th Street and the East line of the Northwest quarter of the Northwest quarter of said Section 15; Thence along portions of the Federal Way City Limits as annexed by Ordinance No. 94-220 the following described twenty four (24) courses: Thence Southerly along said East line to the Southeast corner of said subdivision; Thence Westerly along the South line of the Northwest quarter of the Northwest quarter of said Section 15 to the Northwesterly corner of Tract 8 ofthe unrecorded plat of Golden's North Lake Tracts, said Tract being described in the Deed recorded under Recording Number 20011107002457, records of King County, Washington; Thence Southerly along the Westerly line of Tracts 8 through 3, inclusive, of said unrecorded Plat to the line of ordinary high water of North Lake, said Westerly line of Tracts 8 through 3 being described in Deeds recorded under Recording Numbers 20011107002457, 20030326002143, and 8706250051 and as shown on King County Short Plats recorded under Recording Numbers 8404190784 and 8507300584, records of King County, Washington; Thence Southwesterly, Southerly, and Southeasterly along said line of ordinary high water to the Northerly line of the plat of Louise's North Lake Tracts as filed in Volume 40 of Plats, page 23, records of King County, Washington; Thence Southeasterly along said Northerly line to the Northeasterly corner of Lot 5 of said Plat; Thence Southerly along the Easterly line of said Lot 5 to the Northerly margin of South 337th Street; Thence Easterly along said Northerly margin to the Northwesterly margin of 33rd Place South; Thence Northeasterly along said Northwesterly margin to the Westerly extension of the Northerly line of Lot 27 of the unrecorded plat of Richard's North Lake Acres, said Lot 27 being described in the Deed recorded under Recording Number 9811032369, records of King County, Washington; Thence Easterly along said Westerly extension and the Northerly line of said Lot 27 to the EXHIBI1_- A PAGE \ OF.. 3 Northeasterly comer thereof, said Lot 27 being described in said Deed recorded under Recording Number 9811032369; Thence Northeasterly along the Westerly line of Lots 21, 22, and 23 of said unrecorded plat to the Northwesterly comer of said Lot 21, said Lots 21, 22, and 23 being also described in said Deed recorded under Recording Number 9811032369; Thence Easterly (South 88° 56' 13" East) along the Northerly line of said Lot 21 also being the North line of the Northwest quarter of Section 22, Township 21 North, Range 4 East, Willamette Meridian, to a point 1319.91 feet from the North quarter comer of said Section 22; Thence North 01 °04' 58" East, a distance of 497.62 feet, to the North Line of Tract 117 ofthe unrecorded Plat of North Lake Shore Lands, said Tract 117 being described in Deed recorded under Recording Number 9605210333, records of King County, Washington; Thence South 87° 56' 28" East, along said North line, a distance of 8.17 feet; Thence North 02°03' 32" East, along the West line of Tract 89 of said unrecorded Plat of North Lake Shore Lands, a distance of 210.00 feet, to the South margin of the County Road, as conveyed to King County by Deed recorded under recording Number 2596483, known as Roy B. Misener county road (South 334th Street), said Tract 89 being described in said Deed recorded under Recording Number 9605210333; Thence South 87° 56' 28" East, along said South margin, a distance of 16.72 feet, to a point of curvature of said South margin; Thence along said curve to the left, having a radius of 348.46 feet, through a central angle of 60° 00' 38", an arc length of364.97 feet to the intersection with the East line of Tract 36 of said unrecorded Plat of North Lake Shore Lands, said Tract 36 being described in said Deed recorded under Recording Number 9605210333; Thence South 00° 58' 32" West along the East line of said Tract 36, a distance of 124.31 feet, to the southerly comer common to Tracts 36 and 37, said Tract 36 and 37 being described in said Deed recorded under Recording Number 9605210333; Thence North 87° 56' 28" West, along the South line of said Tract 37, a distance of 13.01 feet to the intersection with the Northwesterly extension of the line common to Tracts 92 and 93 of said unrecorded Plat of North Lake Shore Lands, said Tract 92 and 93 being described in said Deed recorded under Recording Number 9605210333; Thence South 26° 55' 03" East along said extension and lot line, a distance of 297.20 feet to the North line of Tract 117 of said unrecorded Plat of North Lake Shore Lands, said Tract 117 being described in said Deed recorded under Recording Number 9605210333; EXHIBIT- A PAGE 2. OF.. .3 Thence South 87°56' 28" East, along said North line, a distance of 130.00 feet, to the West line of Tract 116 of said unrecorded Plat of North Lake Shore Lands, said Tract 116 being described in said Deed recorded under Recording Number 9605210333; Thence North 01°04' 58" East, along said West line, a distance 169.11 feet, to the Northwest comer of said Tract 116; Thence South 88° 59' 16" East along the North line of said Tract 116 and its Easterly extension, a distance of730.00 feet, to the east line of the Southwest quarter of Section 15, Township 21 North, Range 4 East, Willamette Meridian; Thence South 01 °04' 58" West along said East line, a distance 0[657.12 feet to the Quarter comer common to Sections 15 and 22, Township 21 North, Range 4 East, Willamette Meridian; Thence Southerly along the North-South centerline of said Section 22 to the Northerly margin of State Route 18, said point being the end of said twenty four (24) courses; Thence Northeasterly along the Northwesterly margin of State Route 18 to the intersection of the Westerly margin of South Peasley Canyon Road; Thence Northwesterly and Westerly along said Westerly margin of South Peasley Canyon Road and its extension thereof to the South margin of South 320th Street; Thence Westerly along said South margin of South 320th Street to the point of beginning. Legal Description Prepared By: Earth Tech, Inc 720 South 333rd Street, Suite 200 Federal Way, Washington 98003 253-838-6202 TimothyW. Wickham, P.L.S.21601 EXHIBI1.- ~ PAGE 3 OF.. 3 City of Federal Way North lake An nexation HIBiT EL ,G E ---L- J F.. Legend: 0 Annexation Area Boundary II Other Unincorporated Area III Incorporated Area Vicinity Map D. 500 N I Feet Scale: Map Date: December, 2004 City of Federal Way, 33325 8th Ave S, Federal Way, WA 98003 (253) 835-7000 www.cityoffederalway.com Please Note: This map is intended for use as a graphical representation ONLY. The City of Federal Way makes no warranty as to its accuracy. A Federal Way //eirke/cd/paa/Nlake .mxd CITY o.F FEDERAL WAY CITY Co.UNCIL Co.MMITTEE STAFF REPORT DATE: To.: December 6, 2004 SUBJECT: Land Use and transportation Committee David MOS~anager Kathy McClung, CDS Director Isaac Conlen, Associate Plann~ Annexations Effective Date VIA: FROM: Policy Question Should City Council make the North Lake, Parkway and Redondo East annexations effective on January 1, 2005, even though an annexation interlocal agreement with King County will not be effective on that date? Background o.n November 2, 2004 voters within the three annexation areas voted to approve all three annexations. The King County Elections Division certified the results on November 17,2004. During this period of time, King County staff has been reviewing a draft annexation interlocal agreement prepared by City staff. The proposed annexation interlocal agreement would address annexation transitional issues including permit processing, acquisition of County-owned property, police transitional issues, records transfer and finances. Notably, Police and permitting transitional issues are operational in nature and thus of more immediate concern. On October 18, 2004, LUTC directed staff to work towards a January 1, 2005 effective date, provided an annexation interlocal agreement is adopted. It appears unlikely the County, and then the City will be able to review and adopt the interlocal agreement prior to January 1, 2005. In the absence of an adopted interlocal agreement, we could, in conjunction with the County, develop a Memorandum of Understanding (MOU) to address operational issues as noted above. We believe we can implement an Mo.U prior to January 1, 2005. The proposed annexation interlocal agreement would then be processed and adopted by the County and the City during the first quarter of2005. 1 Options Options Positives Ne2:atives 1. "I move that City Council adopt This option would: This option would make the ordinances establishing an a) be consistent with the annexations effective prior to annexation effective date of January preliminary time line formal agreement with King 1,2005 for the North Lake, Parkway identified by LUTC, County regarding annexation and Redondo East annexation areas b) provide adequate lead transitional issues. contingent upon completion of a time for City Memorandum of Understanding Departments to prepare with the County to address police for provision of service, and permitting operational issues" c) maximize property and sales tax collection to * This motion requires accelerated the greatest extent ordinance consideration on possible and December 7, immediately following d) allow distribution of the December 6 LUTC meeting, state shared revenue in with 2nd reading on December 21, 2nd quarter of 2005 2004 e) provide a mutually agreeable plan to address annexation operational issues prior to adoption of a formal interlocal agreement 2. "I move that City Council adopt This option would: This option would: ordinances establishing an effective a) provide adequate lead a) make the annexations date of January 27,2005 for the time for City effective prior to formal North Lake, Parkway and Redondo Departments to prepare agreement with King East annexation areas" for provision of service County regard~g and annexation transitional * This motion would entail 1st b) maximize property and issues and reading on December 21,2004 and sales tax collection to b) preclude distribution of 2nd reading on January 18,2004. the greatest extent state shared revenues possible until the third quarter of 2005 3. "I move that City Council This option would: This option would: establish an annexation effective a) establish a formal a) delay the annexation date for the North Lake, Parkway agreement for handling effective date until and Redondo East annexation areas annexation transitional February 28, 2005, after an annexation interlocal issues prior to b) extend the period that agreement is adopted, but not later annexation effective land use actions could be than February 28,2005" date, submitted to the County b) provide adequate lead and become vested in time for City County rather than City Departments to prepare development regulations for provision of service and and c) preclude distribution of c) maximize property and state shared revenues sales tax collection to until the third quarter of the greatest extent 2005 possible 2 Staff recommendation Option 1: "1 move that City Council adopt ordinances establishing an annexation effective date of January 1, 2005 for the North Lake, Parkway and Redondo East annexation areas, contingent upon completion of a Memorandum of Understanding with the County to address police and permitting operational issues" Committee recommendation Forward option -L to the full City Council for approva1. MM....'.'.......' I.T."... ,TEE.~..,P.,O....T..:.."'.'......'..'..'.'..'.'.."..'.'."'..'.'..'.i".'.,'."" '..i.'.. ",.",.""..,..,....,', "'."..".'.'..: .'..""'..'.f'."'." ",< '.; ... "'.:~"Y; Enc Faison, Member' Micbael ~er Attachments: Draft interlocal agreement Annexation Maps 3 MEETING DATE: December 7, 2004 ITEM# J?l £e) ......-....................... CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Parkway Annexation Ordinance CATEGORY: BUDGET IMP ACT: D CONSENT ~ ORDINANCE Amount Budgeted: $0 0 RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $0 D CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $0 ATTACHMENTS: Ordinance with Exhibit "A" (legal description) and Exhibit "B" (map), LUTC Staff Report ......................................................""""............................................,."""""""""""""""""""""'..........."""""""""""""""'.,.....................""""""""""'...........................................,..........................,.,.............."""""""""""""""""""""""""""""""""""""""""""'.........................,.................,............................... SUMMARY/BACKGROUND: On November 2,2004 voters within the Parkway annexation area voted to approve the annexation. The King County Elections Division certified the results on November 17, 2004. During this period of time, King County staff has been reviewing a draft annexation interlocal agreement prepared by City staff. The proposed annexation interlocal agreement would address annexation transitional issues including permit processing, acquisition of County-owned property, police transitional issues, records transfer and finances. Notably, Police and permitting transitional issues are operational in nature and thus of more immediate concern. On October 18,2004, LUTC directed staff to work towards a January 1,2005 effective date, provided an annexation interlocal agreement is adopted. At this point it is clear that the County, and then the City will not be able to review and adopt the interlocal agreement prior to January 1,2005. On December 6,2004 LUTC directed staff to prepare an ordinance making the Parkway annexation effective on January 1,2005, contingent upon completion of a Memorandum of Understanding (MOU) to address annexation police and permitting operational issues. The proposed annexation interlocal agreement will then be processed and adopted by the County and the City during the first quarter of2005. CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC voted to recommend that City Council adopt an ordinance making the Parkway annexation effective January 1,2005, contingent upon completion of a Memorandum of Understanding with the County to address police and permitting operational issues. PROPOSED MOTION: "I move the proposed ordinance to second reading and enactment at the December 21, 2004 regular Council Meeting" 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) REVISED - 05/10/2001 COUNCIL BILL # 1ST do rea 109 Enactment reading ORDINANCE # RESOLUTION # ~60 CRAf1 "/~/71 ð f ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASIDNGTON, ESTABLISIllNG AN EFFECTIVE DATE OF JANUARY 1,2005 FOR THE P ARKW A Y ANNEXATION WHEREAS, residents within the Parkway area have expressed interest in annexation to the City of Federal Way; and WHEREAS, the City Council of the City of Federal Way, Washington, has determined that it would be in the best interest and general welfare of the City of Federal Way and the annexing area to annex certain property east of existing City of Federal Way City limits, south of 369th St. S. and 19th Way S., west of the east boundary of "Parcel X" in the Regency Ridge Condominium development and Enchanted Parkway and north of existing City of Milton City limits and Potential Annexation Area boundaries, and legally described in Exhibit "A" and graphically depicted in Exhibit "B" attached hereto and incorporated by reference as if fully set forth; and WHEREAS, although financial analysis of revenues and costs for the Parkway teITitory indicate a net annual deficit to the City of Federal Way of approximately $11,000, the benefits of annexing the teITitory, which include compliance with the GMA, localized regulatory control and localized provision of services, outweigh the financial costs; and WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14,2000, November 1, 2001, March 27,2003, and July 20, 2004; and WHEREAS, the July 20, 2004 amendment included adoption of a Potential Annexation Area (PAA) Subarea Plan, which replaced Chapter 8, "Potential Annexation Areas," of the Federal Way Comprehensive Plan, and; and WHEREAS, Chapter 8, "Potential Annexation Areas," of the Federal Way Comprehensive Plan ORD# ,PAGEl establishes Comprehensive Plan designations and zoning classifications for property within the Potential Annexation Area; and WHEREAS, the Parkway area is within the City of Federal Way's Potential Annexation Area; and WHEREAS, the Growth Management Act and the King County Countywide Planning Policies encourage transition of unincorporated urban and urbanizing areas within Potential Annexation Areas from county governance to city governance; and WHEREAS, annexations are exempt from the requirements of the state Environmental Policy Act; and WHEREAS, on July 6, 2004 City Council passed Resolution 04-418 calling for annexation by election of the Parkway area; and WHEREAS, on August 23, 2004 the King County Boundary Review Board notified the City the Parkway annexation was considered approved by the Board; and WHEREAS, on August 24, 2004 City Council passed Resolution 04-424, setting an election date of November 2, 2004 for the Parkway annexation; and WHEREAS, on September 27 and October 27, 2004 the City held informational open houses for the Parkway annexation; and WHEREAS, the City provided public notice of the Parkway annexation pursuant to RCW Chapter 35A.14.070; and WHEREAS, on November 2, 2004 voters within the Parkway area voted on the question of annexation to the City of Federal Way and a majority of voters residing within the area voted in favor of annexation; and WHEREAS, on November 17, 2004 the King County Director of Elections certified the results of the Parkway annexation; and WHEREAS, the City Council desires to establish an effective date of January 1, 2005 for the Parkway annexation. ORD# , PAGE 2 Now, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as follows: Section 1. Findings. A. The best interests and general welfare of the City of Federal Way and the annexing area would be served by the annexation of certain contiguous unincorporated territory lying in the area east of existing City of Federal Way City limits, south of 369th St. S. and 19th Way S., west of the east boundary of "Parc~l X" in the Regency Ridge Condominium development and Enchanted Parkway and north of existing City of Milton City limits and Potential Annexation Area boundaries, legally described in Exhibit "A" and graphically depicted in Exhibit "B" attached hereto and incorporated by reference as if fully set forth. B. Annexation of the Parkway area would benefit the citizens of Federal Way by transferring permitting and land use authority from King County to the City, thereby establishing a future land use pattern and transportation network in the area more consistent with that of the entire City. c. City Departments are ready to begin providing services within the Parkway annexation area. D. The City, in conjunction with the County is developing a Memorandum of Understanding to address annexation operational issues including permit processing and police transitional issues. E. The City has taken and is in the process of taking the steps necessary to receive tax revenues generated within the Parkway area, including notification of State and County offices and completion of an annexation certificate. F. although financial analysis of revenues and costs for the Parkway territory indicate a net annual deficit to the City of Federal Way of approximately $11,000, the benefits of annexing the territory, which include compliance with the GMA, localized regulatory control and localized provision of services, outweigh the financial costs. Section 2. Zoning. All property located within the territory to be annexed shall, simultaneous ORD# , PAGE 3 with the annexation, have imposed the City of Federal Way Comprehensive Plan designations and zoning classifications, prepared under RCW 35A.14.330, and depicted in the Potential Annexation Area Chapter of the Federal Way Comprehensive Plan, as adopted by ordinance number 04-460. Section 3. Annexation Effective Date. The Parkway annexation shall be effective on January 1, 2005, subject to successful completion of a Memorandum of Understanding related to police and permitting operational issues prior to January 1,2005. 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 other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. , PAGE 4 ORD# PASSED by the City Council of the City of Federal Way this ,2004. CITY OF FEDERAL WAY Mayor, Dean McColgan A ITEST: 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: ORD# , PAGE 5 day of CITY OF FEDERAL WAY PARKWAY ANNEXATION AREA LEGAL DESCRIPTION Those portions of the Southwest quarter of Section 28, the Northeast quarter of Section 32, the Northwest and the Southwest quarter of Section 33, Township 21 North, Range 4 East, Willamette Meridian, King County, Washington, more particularly described as follows: BEGINNING at the intersection ofthe southwesterly margin of Enchanted Parkway (AKA SSH No. 5-D / Kit Comer Road South / SR 161) and the northwesterly margin of 19th Way South, said point being described in City of Federal Way annexation Ordinance 98-311 ; THENCE Southwesterly along said Northwesterly margin to the Northerly margin of South 369th Street as described in City of Federal Way annexation Ordinance 98-311 and as shown on the plat of "Regency Woods Division 2" according to the plat thereof recorded in Volume 156 of Plats, Pages 16 through 20, inclusive, Records of King County, Washington; THENCE Westerly along said Northerly margin and the Westerly extension thereof to the Easterly margin of SR 5 (AKA PSH No.1) as described in City of Federal Way annexation Ordinance 98-311 and also being the City Limits of Federal Way as defined by King County Code Ordinance No. 8779; THENCE Southerly along said Easterly margin as defined by King County Code Ordinance No. 8779 to the intersection of the North line of the South 30 feet of the Southeast quarter of the Southwest quarter of the Northeast quarter of said Section 32; THENCE Easterly along said North line to the Easterly margin of Milton Road South and the City Limits of Milton as described in City of Milton Ordinance No. 1241; THENCE continuing along said North line and the North line of the South 30 feet of the Southwest quarter of the Southeast quarter of the Northeast quarter of said Section 32, said line being the City Limits of Milton, to the West line of the Southeast quarter of the Southeast quarter of the Northeast quarter of said Section 32; THENCE along the North line of the South 30 feet of the Southeast quarter of the Southeast quarter of the Northeast quarter of said Section 32 to the East line of said Northeast quarter, said East line also being the West line of the Plat of "Regency Woods Division 1" according to the plat thereofrecorded in Volume 154 of Plats, Pages 81 through 97, inclusive, Records of King County, Washington; THENCE Southerly along said West line of the Plat of "Regency Woods Division I" to the Quarter comer common to Sections 32 and 33; EXHtBIT- .6- PAGE ~ OF.. 1. THENCE Southerly along the West line of the Northwest quarter of the Southwest quarter of said Section 33, said line also being the West line of the Plat of "Regency Woods Division 1", to the Southwest comer of said Plat; THENCE Easterly along the South line of the Plat of "Regency Woods Division I" to the Northwesterly margin of the Puget Sound Electric Company Interurban Railway Right of Way as shown on said Plat; THENCE Northeasterly, Northerly, Easterly, and Southeasterly along said Puget Sound Electric Company Interurban Railway Right of Way to the Southerly comer of Parcel X of the Plat of "Regency Woods Division 1", said comer also being the Southwest comer of Tract A of the Plat of "Kings grove" according to the plat thereof recorded in Volume 118 of Plats, Pages 55 through 61, inclusive, Records of King County, Washington; THENCE Northerly along the West line ofthe Plat of "Kingsgrove" to the Northwest comer of said Plat; THENCE Easterly along the North line ofthe Plat of "Kings grove" to the Southwest comer of Tract G ofthe Plat of "Stone Creek" according to the plat thereof recorded in Volume 211 of Plats, Pages 93 through 98, inclusive, Records of King County, Washington; THENCE Northerly along the West line ofthe Plat of "Stone Creek" to the Northwest comer of said Plat; THENCE Easterly along the North line ofthe Plat of "Stone Creek" to the East line of the Northwest Quarter of Section 33; THENCE Northerly along the East line of said Northwest Quarter to the Southwesterly margin of Enchanted Parkway (AKA SSH No. 5-D / Kit Comer Road South / SR 161); . THENCE Northwesterly along said Southwesterly margin of Enchanted Parkway to the Point Of Beginning. Legal Description Prepared By: Earth Tech, Inc 720 South 333rd Street, Suite 200 Federal Way, Washington 98003 253-838-6202 Timothy W. Wickham, P.LS.21601 EXHIBIT- ~ PAGE z. OF: 2 ~ co 5 <.> <.> co :ê B '" co .Þ c: ~ co ~ 0 c: '" Q) .>< co E >, co s: City of Federal Way Parkway Annexation Map Date: December 2004 City of Federal Way, 33325 8th Ave S. Federal Way, WA 98003 (253) 835-7000 www.cityoffederalway.com f~ Scale: 0 250 500 I I Feet D N A Federal Way l/ørikø/,..ri/n""/c:.'^,P"r"'""",, nwri CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT SUBJECT: December 6, 2004 Land Use and transportation Committee David MOS~anager Kathy McClung, CDS Director Isaac Conlen, Associate Plann~ Annexations Effective Date DATE: TO: VIA: FROM: Policy Ouestion Should City Council make the North Lake, Parkway and Redondo East annexations effective on January 1, 2005, even though an annexation interlocal agreement with King County will not be effective on that date? Background On November 2, 2004 voters within the three annexation areas voted to approve all three annexations. The King County Elections Division certified the results on November 17, 2004. During this period of time, King County staff has been reviewing a draft annexation interlocal agreement prepared by City staff. The proposed annexation interlocal agreement would address annexation transitional issues including pennit processing, acquisition of County-owned property, police transitional issues, records transfer and finances. Notably, Police and pennitting transitional issues are operational in nature and thus of more immediate concern. On October 18,2004, LUTC directed staff to work towards a January 1, 2005 effective date, provided an annexation interlocal agreement is adopted. It appears unlikely the County, and then the City will be able to review and adopt the interlocal agreement prior to January 1, 2005. In the absence of an adopted interlocal agreement, we could, in conjunction with the County, develop a Memorandum of Understanding (MOD) to address operational issues as noted above. We believe we can implement an MOU prior to January 1, 2005. The proposed annexation interlocal agreement would then be processed and adopted by the County and the City during the first quarter of2005. 1 Options Options Positives Negatives 1. "I move that City Council adopt This option would: This option would make the ordinances estabHshing an a) be consistent with the annexations effective prior to annexation effective date of January prelinùnary timeline formal agreement with King 1, 2005 for the North Lake, Parkway identified by LUTÇ, County regarding annexation and Redondo East annexation areas b) provide adequate lead transitional issues. contingent upon completion of a time for City . Memorandum of Understanding Departments to prepare with the County to address police for provision of service, and permitting operational issues" c) maximize property and sales tax collection to * This motion requires accelerated the greatest extent ordinance consideration on possible and December 7, immediately following d) allow distribution of the December 6 LUTC meeting, state shared revenue in with 2nd reading on December 21, 2nd quarter of2005 2004 e) provide a mutually agreeable plan to address annexation operational issues prior to adoption of a formal interlocal agreement 2. "I move that City Council adopt This option would: This option would: ordinances establishing an effective a) provide adequate lead a) make the annexations date of January 27,2005 forthe time for City effective prior to formal North Lake, Parkway and Redondo Departments to prepare agreement with King East annexation areas" for provision of service County regard~g and annexation transitional * This motion would entail 1 sl b) maximize property and issues and reading on December 21,2004 and sales tax collection to b) preclude distribution of 2nd reading on January 18,2004. the greatest extent state shared revenues possible until the third quarter of 2005 3. "I move that City Council This option would: This option would: establish an annexation effective a) estabHsh a formal a) delay the annexation date for the North Lake, Parkway agreement for handling effective date until and Redondo East annexation areas annexation transitional February 28, 2005, after an annexation interlocal issues prior to b) extend the period that agreement is adopted, but not later annexation effective land use actions could be than February 28, 2005" date, submitted to the County b) provide adequate lead and become vested in time for City County rather than City Departments to prepare development regulations for provision of service and and c) preclude distribution of c) maximize property and state shared revenues sales tax collection to until the third quarter of the greatest extent 2005 possible 2 Staff recommendation Option 1: "I move that City Council adopt ordinances establishing an annexation effective date of January 1, 2005 for the North Lake, Parkway and Redondo East annexation areas, contingent upon completion of a Memorandum of Understanding with the County to address police and pennitting operational issues" Committee recommendation Forward option ~ to the full City Council for approval. MMIT~E~ '" '~'~ 't~~ ~; ::~~, ; .. Ene Faison, Member ~ Attachments: Draft interlocal agreement Annexation Maps 3 -VI ~) MEETING DATE: December 7, 2004 ITEM# .......-............-.......-....... ......-.................-...... CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Redondo East Annexation Ordinance CATEGORY: BUDGET IMP ACT: D CONSENT D RESOLUTION D CITY COUNCIL BUSINESS !:8J ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0 $0 $0 ......--.........-.................-....... .......-...-...-.--..-.-.-...--......-....... ATTACHMENTS: Ordinance with Exhibit "A" (legal description) and Exhibit "B" (map), LUTC Staff Report .................................................._.........................-.........................................................-....................-...................-.........................................................................-.................................................................................................-.................. .................................. .............-...................................... SUMMARYIBACKGROUND: On November 2,2004 voters within the Redondo East annexation area voted to approve the annexation. The King County Elections Division certified the results on November 17, 2004. During this period of time, King County staff has been reviewing a draft annexation interlocal agreement prepared by City staff. The proposed annexation interlocal agreement would address annexation transitional issues including permit processing, acquisition of County-owned property, police transitional issues, records transfer and finances. Notably, Police and permitting transitional issues are operational in nature and thus of more immediate concern. On October 18,2004, LUTC directed staff to work towards a January 1,2005 effective date, provided an annexation interlocal agreement is adopted. At this point it is clear that the County, and then the City will not be able to review and adopt the interlocal agreement prior to January 1, 2005. On December 6, 2004 LUTC directed staff to prepare an ordinance making the Redondo East annexation effective on January 1, 2005, contingent upon completion of a Memorandum of Understanding (MOU) to address annexation police and permitting operational issues. The proposed annexation interlocal agreement will then be processed and adopted by the County and the City during the first quarter of 2005. CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC voted to recommend that City Council adopt an ordinance making the Redondo East annexation effective January 1,2005, contingent upon completion of a Memorandum of Understanding with the County to address police and permitting operational issues. PROPOSED MOTION: "I move the proposed ordinance to second reading and enactment at the December 21, 2004 regular Council Meeting" 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) REVISED - 05/10/2001 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 3~/ ORDINANCE NO. n~) IJ,Ft: ~~7 i~ f AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASIDNGTON, ESTABLISIDNG AN EFFECTIVE DATE OF JANUARY 1, 2005 FOR THE REDONDO EAST ANNEXATION WHEREAS, the City Council of the City of Federal Way, Washington, has determined that it would be in the best interest and general welfare of the City of Federal Way and the annexing area to annex certain property, east and south of existing City of Des Moines City Limits, west of existing City of Federal Way City limits, and north of S. 284th S1. and legally described in Exhibit "A" and graphically depicted in Exhibit "B" attached hereto and incorporated by reference as if fully set forth; and WHEREAS, financial analysis of revenues and costs for the Redondo East territory indicate a net annual surplus to the City of Federal Way in the amount of$6,990; and WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14,2000, November 1,2001, March 27,2003, and July 20,2004; and WHEREAS, the July 20, 2004 amendment included adoption of a Potential Annexation Area (PAA) Subarea Plan, which replaced Chapter 8, "Potential Annexation Areas," of the Federal Way Comprehensive Plan, and; and WHEREAS, Chapter 8, "Potential Annexation Areas," of the Federal Way Comprehensive Plan establishes Comprehensive Plan designations and zoning classifications for property within the Potential Annexation Area; and WHEREAS, the Redondo East area is within the City of Federal Way's Potential Annexation Area; and WHEREAS, the Growth Management Act and the King County Countywide Planning Policies encourage transition of unincorporated urban and urbanizing areas within Potential Annexation Areas ORD# ,PAGEl from county governance to city governance; and WHEREAS, annexations are exempt from the requirements of the state Environmental Policy Act; and WHEREAS, on May 18, 2004 City Council passed Resolution 04-414 calling for annexation by election of the Redondo East area; and WHEREAS, on July 23, 2004 the King County Boundary Review Board notified the City the Redondo East annexation was considered approved by the Board; and WHEREAS, on August 24, 2004 City Council passed Resolution 04-423, setting an election date of November 2, 2004 for the Redondo East annexation; and WHEREAS, on September 27 and October 27, 2004 the City held infonnational open houses for the Redondo East annexation; and WHEREAS, the City provided public notice of the Redondo East annexation pursuant to RCW Chapter 35A.14.070; and WHEREAS, on November 2, 2004 voters within the Redondo East area voted on the question of annexation to the City of Federal Way and a majority of voters residing within the area voted in favor of annexation; and WHEREAS, on November 17, 2004 the King County Director of Elections certified the results of the Redondo East annexation; and WHEREAS, the City Council desires to establish an effective date of January 1, 2005 for the Redondo East annexation. Now, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as follows: Section 1. Findings. A. The best interests and general welfare of the City of Federal Way and the annexing area would be served by the annexation of certain contiguous unincorporated territory lying in the area east ORD# , PAGE 2 and south of existing City of Des Moines City Limits, west of existing City of Federal Way City limits, and north of S. 284th St., legally described in Exhibit "A" and graphically depicted in Exhibit "B" attached hereto and incorporated by reference as if fully set forth. B. Annexation of the Redondo East area would benefit the citizens of Federal Way by trans felTing pennitting and land use authority from King County to the City, thereby establishing a future land use pattern and transportation network in the area more consistent with that of the entire City. C. City Departments are ready to begin providing services within the Redondo East annexation area. D. The City, in conjunction with the County is developing a Memorandum of Understanding to address annexation operational issues including pennit processing and police transitional issues. E. The City has taken and is in the process of taking the steps necessary to receive tax revenues generated within the Redondo East area, including notification of State and County offices and completion of an annexation certificate. F. Financial analysis of revenues and costs for the Redondo East telTitory indicate a net annual surplus to the City of Federal Way in the amount of $6,990. Section 2. Zoning. All property located within the territory to be annexed shall, simultaneous with the annexation, have imposed the City of Federal Way Comprehensive Plan designations and zoning classifications, prepared under RCW 35A.14.330, and depicted in the Potential Annexation Area Chapter of the Federal Way Comprehensive Plan, as adopted by ordinance number 04-460. Section 3. Annexation Effective Date. The Redondo East annexation shall be effective on January 1, 2005, subject to successful completion of a Memorandum of Understanding related to police and pennitting operational issues prior to January 1,2005. 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 ORO# , PAGE 3 remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided 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 CLERIC PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: ORD# , PAGE 4 CITY OF FEDERALWAY REDONDO EAST ANNEXATION LEGAL DESCRIPTION That portion of Sections 32 & 33, Township 22 North, Range 4 East, Willamette Meridian, in King County, Washington; more particularly described as follows: Beginning at the intersection of the South right-of-way line of South 272nd Street and the Easterly right-of-way of State Road No.1, Pacific Highway South, said point also being on the Kent City Limits, Federal Way City Limits, and the south line of the North 38 feet of Section 33, Township 22 North, Range 4 East Willamette Meridian; THENCE westerly along the Kent City limits to the intersection of the South right-of- way line of South 272nd Street and the Westerly right-of-way of State Road No.1, Pacific Highway South, said point being an angle point in the Kent City limits and the Des Moines City Limits; THENCE along portions of the Des Moines City Limits as annexed by Ordinance No. 1166 and No. 1270 the following described courses: Westerly along the South right-of-way line of South 272nd Street to the Easterly right-of- way of 16th Avenue South, being in the Northwest quarter of Section 33, Township 22 North, Range 4 East of the Wlllamette Meridian, in King County, Washington; THENCE Southerly along said Easterly right-of-way to its intersection with the Westerly right-of-way of State Road No.1, Pacific Highway South; THENCE Southerly along said Westerly right-of-way to its intersection with the South right-of-way of South 279th Street; THENCE Westerly along said South right-of-way to the East line of Lot 6, Block 2 of the plat of Redondo on the Highway, recorded in Volume 30 of Plats at page 39, said East line also being the West line of the Northwest quarter of said Section 33; THENCE Southerly along said East line of Lot 6 to the Southeast comer thereof; THENCE Southerly and Westerly along the proposed Easterly right-of-way line of 15th Avenue South as shown in the illustrative site plan for the proposed development called "Pacific Place" dated 03/1 0/2000, to the North line of the Plat of Applewood, recorded in Volume 142 of Plats at pages 56 through 59; THENCE Westerly along the North line of said Plat of Applewood to the Northwest comer thereof; EXHIBIT__. Å PAGE I OF.. 2. THENCE Southerly along the West line of said Plat of Applewood and the Southerly extension thereof to the South right-of-way line of South 284th Street and the Federal Way City Limits as established by King County Ordinance 8779; THENCE along said Federal Way City Limits the following described courses: Easterly along said South right-of-way line of South 284th Street to the West line of the Southwest quarter of Section 33, Township 22 North, Range 4 East, W .M., King County; THENCE Northerly along said West line to the North line ofthe South half of said Southwest quarter of Section 33 ; THENCE Easterly along said North line to the East right-of-way line of Pacific Highway South, State Road No.1; THENCE Northerly along said East right-of-way line to the South right-of-way line of South 272nd Street and. the point of Beginning. Legal Description Prepared By: Earth Tech, Inc 720 South 333rd Street, Suite 200 Federal Way, Washington 98003 253-838-6202 Timothy W. Wickham, P.L.S.21601 EXHIBIT A PAGE 2- OF.. 2- City of Federal Way Redondo East Annexation Legend: 0 Annexation Area Boundary lEI Other Unincorporated Area l1li Incorporated Area EXHIBIT PAGE l B J F -----L- Scale: 0 I 250 6 500 N I Feet Map Date: December 2004 City of Federal Way, 33325 8th Ave. S, Federal Way, WA 98003 (253) 835-7000 www.cityoffederalway.com Please Note: This map is intended for use as a graphical representation ONLY. The City of Federal Way makes no warranty as to its accuracy. ...:. "" ern 01' ~ Federal Way II eri kel cd/paa/RedondoE .mxd CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT SUBJECT: December 6, 2004 Land Use and transportation Committee David MOS~anager Kathy McClung, CDS Director Isaac Conlen, Associate Plann~ Annexations Effective Date DATE: TO: VIA: FROM: Policy Question Should City Council make the North Lake, Parkway and Redondo East annexations effective on January 1, 2005, even though an annexation interlocal agreement with King County will not be effective on that date? Background On November 2, 2004 voters within the three annexation areas voted to approve all three annexations. The King County Elections Division certified the results on November 17,2004. During this period of time, King County staff has been reviewing a draft annexation interlocal agreement prepared by City staff. The proposed annexation interlocal agreement would address annexation transitional issues including permit processing, acquisition of County-owned property, police transitional issues, records transfer and finances. Notably, Police and permitting transitional issues are operational in nature and thus of more immediate concern. On October 18,2004, LUTC directed staff to work towards a January 1, 2005 effective date, provided an annexation interlocal agreement is adopted. It appears unlikely the County, and then the City will be able to review and adopt the interlocal agreement prior to January 1, 2005. In the absence of an adopted interlocal agreement, we could, in conjunction with the County, develop a Memorandum of Dnderstanding (MOD) to address operational issues as noted above. We believe we can implement an MOD prior to January 1, 2005. The proposed annexation interlocal agreement would then be processed and adopted by the County and the City during the first quarter of2005. 1 Options Options Positives Negatives 1. "I move that City Council adopt This option would: This option would make the ordinances establishing an a) be consistent with the annexations effective prior to annexation effective date of January preliminary time line formal agreement with King 1, 2005 for the North Lake, Parkway identified by LUTC, County regarding annexation and Redondo East annexation areas b) provide adequate lead transitional issues. contingent upon completion of a - time for City Memorandum of Understanding Departments to prepare with the County to address police for provision of service, and permitting operational issues" c) maximize property and sales tax collection to * This motion requires accelerated the greatest extent ordinance consideration on possible and December 7, immediately following d) allow distribution of the December 6 LUTC meeting, state shared revenue in with 2nd reading on December 21, 2nd quarter of 2005 2004 e) provide a mutually agreeable plan to address annexation operational issues prior to adoption of a formal interlocal agreement 2. "I move that City Council adopt This option would: This option would: ordinances establishing an effective a) provide adequate lead a) make the annexations date of January 27, 2005 for the time for City effective prior to formal North Lake, Parkway and Redondo Departments to prepare agreement with King East annexation areas" for provision of service County regarding and annexa tiontrarÌs itio nal * This motion would entail 151 b) maximize property and issues and reading on December 21, 2004 and sales tax collection to b) preclude distribution of 2nd reading on January 18, 2004. the greatest extent state shared revenues possible until the third quarter of 2005 3. "I move that City Council This option would: This option would: establish an annexation effective a) establish a formal a) delay the annexation date for the North Lake, Parkway agreement for handling effective date until and Redondo East annexation areas annexation transitional February 28,2005, after an annexation interlocal issues prior to b) extend the period that agreement is adopted, but not later annexation effective land use actions could be than February 28, 2005" date, submitted to the County b) provide adequate lead and become vested in time for City County rather than City Departments to prepare development regulations for provision of service and and c) preclude distribution of c) maximize property and state shared revenues sales tax collection to until the third quarter of the greatest extent 2005 possible 2 Staff recommendation Option 1: "I move that City Council adopt ordinances establishing an annexation effective date of January 1,2005 for the North Lake, Parkway and Redondo East annexation areas, contingent upon completion of a Memorandum of Understanding with the County to address police and pennitting operational issues" ~Committee recommendation Forward option -L to the full City Council for approval. " .. , " ' , MMfITE?llï"'L'C¡¡'a ""~~"""'J"'.'.~ Ene Faison, Member' '~er Attachments: Draft interlocal agreement Annexation Maps 3 MEETING DATE: December 7, 2004 ITEM# ~ ~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CATEGORY: 2004 Year-End Budget Adjustment BUDGET IMP ACT: 0 CONSENT 0 RESOLUTION D CITY COUNCIL BUSINESS IZI ORDINANCE D PUBLIC HEARING 0 OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ....................-....-.--....... .......-.............--.........-.-....... .......--.............-.......-.-....... ATTACHMENTS: Ordinance, budget adjustment exhibits A and B, and follow-up memo responding to questions raised at the FEDRAC meeting. ............-..."'.....-.......-.-....... .......-......-.....-.............-....... SUMMARYIBACKGROUND: This is the first reading of the 2004 Year-End Budget Adjustment which will incorporate those items Council previously approved during the year and and also miscellaneous corrections to the revised budget. .......-..--....-.............. CITY COUNCIL COMMITTEE RECOMMENDATION: The proposed 2004 budget adjustment was reviewed at the Finance Economic Development & Regional Affairs Committee at their meeting on November 23, 2004. A staff memo is attached addressing the questions raised at the meeting. .......-..........-......-..-....... PROPOSED MOTION: "I move for approval of the ordinance to second reading on December 21, 2004 for adoption of the 2004 Year-End Budget Adjustment." .......--.......-.-...-....-........-....-....... ......................... .................................... ~ CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED 0 DENIED 0 TABLED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 3~,s- REVISED - 05/10/2001 CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: Subject: November 30, 2004 Finance, Economic Development and Regional Affairs Committee David H. Moseley, City Manager Iwen Wang, Management Services Director 2004 Year-End Budget Adjustment - Follow up At the FEDRAC meeting on November 23, Council asked staff to identify funding sources for the proposed adjustment items. The attached list shows the funding sources. In summary, the major elements of the $2.3 million adjustments are: . $234,295 in grants received; $400k for the evidence building; . . $820k for the early retirement of the 1993 Saghalie Bonds as approved by the Council; $449,068 for 2% for the Arts for the New City Hall and Community Center projects (dollars are included in the project cost); and . $205k correction to the internal service fund portion of the unemployment and workers comp premiums, primarily to reflect the 29% increase in workers comp premium in 2003 and 9.5% increased in 2004. These premiums are budgeted correctly in operating funds (General, Street, Surface Water Management Funds, etc.), but not the corresponding internal service fund, thus the corrections are needed. The above items total $2.1 million. . In addition to the above, the proposed budget adjustment also recognizes some changes in expenditures that were not anticipated in the regular budget: $92k in probation service contract expenses with offsetting probation revenues. . $44k additional fuel cost: The gasoline price in the adopted 2004 budget was based on $1.50 per gallon while the average cost for 2004 is around $1.80 per gallon. Therefore the additional appropriation is needed to cover the difference. $70k in sign code defense: the continuation oflegal proceedings in pursing both insurance coverage with St. Paul and defense of the City's sign code. This should have been included in the carry forward adjustment earlier this year, but was not. Pending the final court decision, the City may get most of the expenses reimbursed from the insurance company; . . Replacement of a copier from rental to purchase, which is part of the budget reduction strategies for the 2005/06 budget, funded with replacement reserves. Replacement of police records mobile shelving system as part of the department's move, funded with replacement reserves. . . $16k VEBA benefit for Council to incorporate the Independent Salary Commission's action. The remaining items are transfers between funds and recognizing projected savings from the City Manager's contingency fund, which is the source for I-time funding in 2005/06 budget. Attachment: Revised 2004 Year-End Budget Adjustment Items. k:\fin\O304budget\ordinance\2004 housekeeping fedrac memo follow up.doc CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: Subject: November 16, 2004 Finance, Economic Development and Regional Affairs Committee David H. Mo~anager I wen W ang, M~arem~nt Services Director ~ 2004 Housekeeping Budget Adjustment This is an ordinance for the 2004 year-end Housekeeping Budget Adjustment. This budget adjustment is primarily to incorporate any items that have been approved by Council during the year, such as grants; to adjust those expenditures that are funded with matching revenues, such as the probation service; and make necessary corrections to errors and omissions in prior adjustments. Items have not been previously approved by Council are highlighted in bold in the attached summary. Attachment: 1. 2004 Housekeeping Budget Adjustment Summary. 2. Ordinance and exhibits. Committee Recommendation: Forward the 2004 Housekeeping Budget Adjustment Ordinance to the full Council on December 7, 2004 for first reading. k:\fin\bíenníal\ordínanc\2004 housekeeping fedrac memo.doc úl ORDINANCE NO. DRAFt 111d- 'f!6 'f AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 2003-04 BIENNIAL BUDGET (AMENDS ORDINANCE 02-434, 03-441 AND 03-455). WHEREAS, certain revisions to the 2003-04 Biennial Budget are necessary; and WHEREAS, these revisions are a result of the final biennium budget adjustment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 03-455, Section 1, is hereby amended to adopt the revised budget for the years 2003-04 biennium in the amounts and for the following purposes: Section 1. 2003-04 Biennial Budget. That the budget for the 2003-04 biennium is hereby adopted in the amounts and for the purposes as shown on the attached Exhibit A (2004 Revised Budget). Section 2. Severability. The provisions ofthis 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. ORD.# ,PAGEl Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affinned. Section 4. Effective Date. This ordinance shall take effect and be in force five (5) 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 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\fm\biennial\ordinance\2004 housekeeping ordinance.doc ORD.# , PAGE 2 General Fund ~pecial Revenue ~l:Inds: Street - --~~------~----, Arterial Street -----------_.,- -- , _.UJ~It,t~.'< ------- Solid Waste/Recycling Special Contract/Studies Hotel/Motel Lodging Tax 2% for the Arts -- Grants - CDBG Paths and Trails Debt Service Fund Capital Project Funds: -_____CIty Facilities Parks SWM Traffic Streets 1-- --- Enterprise Fund: Surface Water Management Dumas Bay Center Internal Service Funds: Risk Management Information Systems Support Services Fleet & Equipment Buildings & Furnishings , """"""" ,'" ,',"',',"" " , """"'," Grancl:Totaf AJlFunds ,..Rèi¡is.èd.." ..äeÎ'/in.Såi.. EXHIBIT A 2004 REVISED BUDGET ,',',',' ",Reven¡jes&()lhér.Souri:es " " RWis.èd.. ' ',ÇhaiJgfdit".."Rèvèijci~ , , ..R~veÌiuê.. ..1!uÌidäaiánê~..,...AêJJûsiment.. $ 7,964,118 $ 29,992,732 $ ,- 100,000 483,750 803,062 142,775 29,723 216,999 9,710 9,796 61,131 2,599,652 --- 24,010,644 944,857 6,538,635 155,560 8,194,294 4,031,639 1,786,882 7,303,020 308,421 - 134,000 - 1,626,279 9,400 6,212,836 3,883,330 1,258,000 2,021,764 - 17,584,227 3,519,421 802,926 754,864 1,836,761 201,397 1,485,064 434,387 , ' , , , , , ' , , ' , ' , , , , , , ' , , , , , , ' , , , , ............, ,..........,.. """"""""""""""" , $.,.61;ø.61;199 ...$..,.85,181;350', k:\flnlbienniallordinancI2004 YND Adjustmentxls ordinance 04 11/30/2004 11 :59 AM ----- 935,697 303,274 4,014,558 1,876,4 76 162,878 2,248,095 55,515 45,496 $ (0) 1 (1 ) 2 1 iQl ...--Ø 19,156 (0) (0) 0 1 0 (0) 7::¿~ Oil. : :~fJ::r~~nd~~1:Ë;EerUse~~~~:f" FY~;:l~e 219,98511 $ 38,222,33111 $ 36,848,973 $ - 14,410 - 4,146,049 2,270,632 8,106,082 451,197 29,723 350,999 458,778 1,636,074 70,531 4,031,639 2,270,632 7,268,897 367,660 29,723 350,999 9,710 1,636,075 6,444,631 27,893,974 2,048,394 5,913,533 155,560 ~- 25,051,269 4,240,464 1,104,080 667,464 1,782,879 179,650 1,161,079 357,867 (124,480)11 $ 36,724,49311 $ 14,410 449,068 - 65,000 .- ----=-,~- - 4,046,049 2,270,632 7 ,268,897 367,660 29,723 350,999 458,778 1,636,075 - 65,000 1,497,837 100,000 0 837,185 83,537 0 0 - ..J.! )1 5,531 1,547,858 -- - 2 154,464 .-- 2,646,866 (2) 1,501,613 - - 0 - 449,068 - - - - - - 9,062,488 - 28,293,976 2,267,858 8,560,399 155,558 26,552,882 1,070,000 400,000 65,000 275,000 6,591 57,107 12,629 - - - - 7,514,631 - 28,293,974 2,113,394 5,913,533 155,560 -- 25,051,269 214,654 2,120 4,101,958 -- 1,930,359 178,034 2,558,973 132,513 ':$6.t.654.., " ~2,4Š5, 77slI': ~149,598,~7911. .$1i9;81~115i..' ,.$;,290,.12511, '$1d2;tOS,477 II ~:::.. .11,493,502, - 0 250,000 400,000 65,000 -----:"'1--, 755,205 275,000 - 44,000 13,107 - 4,455,118 1,106,200 - - 5,044,422 3,713,238 364,275 3,777,159 503,009 - - - 4,240,464 1,104,080 - - 942,464 1,782,879 186,241 1,218,186 - 370,496 ATTACHMENT B CITY OF FEDERAL WAY 2004 BUDGET ADJUSTMENT General Fund: Non-Departmental IS Charge - Gasoline M&O Expenses - Source is General .Fund......................................................... IS Charge - Sign Code Legal Defense - Source is General Fund......................................................... Reduce City Manager Contingency............................................................................................... City Council VEBA - Source is General Fund................................................................................................... Municipal Court Probation Contract (offset by probation revenue).............................................."""""""""""""""" Public Safety 2004 LLEBG Grant................................................................................................................... King County Office of Emergency Management - Homeland Security Grant........................................... Street Fund: King County Office of Emergency Management - Homeland Security Grant................. ......................... $44,000 70,000 (475,215) 16,750 92,000 23,324 104,661 14,410 .. .SúbtotitlGenerill &StFe.etFiJrid... .. .. ($11.o;O10¡ . .. Paths & Trails Fund: Transfer to Parks CIP - Armstrong Property - Source is Paths & Trails Fund Balance.............................. Debt Service Fund: Transfer to New City Hall for Evidence Building - Source is Excess REEL........................................... 1993 Saghalie Park Bond - Early Retirement - Source is Excess REET................................................ . . SubfofaJ Special Revenue Fliilds<. City Facilities CIP Fund: New City Hall- Evidence Building-Source is Seizure Funds $150K & REET $250K................................. Parks CIP Fund: Armstrong Property - Source is Paths & Trails $............................................................................................. . . SlibtòtatCapitat Pi':oject Funds.. Risk Management Fund: Unemployment Compensation, with offsetting revenue...................................................................... Workers Compensation, with offsetting revenue............................................................................... Sign Code Defense - Source is General Fund.......................................................""""""""""""'" Mail & Duplication Services Fund: Replacement Copiers - Source is Replacement Reserves.................................................................. Fleet & Equipment Fund: Gasoline Increase - Source is General Fund................................................................................... Transfer Building Fund for PS Records Mobile Shelving Unit - Source is Replacement Reserves............... Buildings & Furnishings Fund: Public Safety Records Mobile Shelving Unit (use of replacements reserves).......................................... .... ... . .. . . .SubfÓfaJProptiéfaryFunds... 2% for the Arts Fund: New City Hall Art- Source is NCH CIP """"""""""""""""""""""""""""""""""""""""""""" Community Center Art- Source is Community Center CIP................................................................. ..SlibtòtatNoriArinuiil Programs.. .. . .. . 65,000 250,000 820,000 ...$1;135;000.. 400,000 65,000 $465;000> 15,000 190,000 70,000 6,591 44,000 13,107 12,629 $351;327 176,985 272,083 .. $449;068 . . . . . . . . . . . . . .............. ..GRANtriòiAL~ÁLLFÙNDS' .. ......... .'.$2;290,325.. 11/3012004 1159 AM 2004 YND AdJustmentxls list 04 MEETING DATE: December 7, 2004 ITEM# vw: Ç6-) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Bicycle Helmet Ordinance CATEGORY: BUDGET IMPACT: D D D CONSENT RESOLUTION CITY COUNCIL BUSINESS x ORDINANCE 0 PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memorandum dated November 1, 2004 to the Parks, Recreation, Human Services & Public Safey Committee, Proposed Ordinance SUMMARYIBACKGROUND: The City has recently received a number of inquiries about bicyclist safety and bicycle helmet laws. Research in response to those inquiries uncovered that the King County Board of Health, in its July 18, 2003 and May 15,2004 press releases, found the following: 1) in King County from 1997 to 2001, over 850 people required hospitalization for bicycle-related crashes and an additional twenty-four people died from bicycle-related crashes; 2) head injuries accounted for sixty percent of those deaths, 3) helmet use can reduce the number of head injuries suffered by bicycle riders by be~ween eighty-five and eighty-eight percent; and 4) several studies have shown that legislation, often in combination with education, increases helmet usage and decreases head injuries. Public Health- Seattle & King County, with Harborview Injury Prevention and Research Center and the Centers for Disease Control, have estimated that $10 million a year could be saved if every bicyclist in King County wore a helmet. Head injuries are a major cause of death and disability associated with the operation of a bicycle on public roadways and bike paths. Based on this clear data, the City proposes an ordinance to require bicycle riders and bicycle passengers to wear bicycle helmets on public property within the jurisdiction of the City of Federal Way. CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the proposed Bicycle Helmet Ordinance to promote the health and safety of bicycle riders and bicycle passengers on public property within the City of Federal Way. PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on December 21,2004" CITY MANAGER APPROV AL: ~ (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 # 3S-(P K:\AGNDITEM\2004\bicycie helmet ordinance 5.4-\ CITY OF FEDERAL WAY MEMORANDUM DATE: November I, 2004 TO: Parks, Recreation, Human Services & Public Safety Committee \ David H. ~~anager Pat Richardson, City Attorney Y ~ VIA: FROM: SUBJECT: Bicycle Helmet Ordinance Policy Issue Should the City of Federal Way enact an ordinance requiring the use ofa bicycle helmets by all bicycle riders and passengers on public property within the jurisdiction of the City of Federal Way? Background The City has recently received a number of inquiries about bicyclist safety and bicycle helmet laws. Research in response to those inquiries uncovered that the King County Board of Health, in its July 18, 2003 and May 15, 2004 press releases, found the following: I) in King County from 1997 to 2001, over 850 people required hospitalization for bicycle-related crashes and an additional twenty-four people died from bicycle-related crashes; 2) head injuries accounted for sixty percent of those deaths, 3) helmet use can reduce the number of head injuries suffered by bicycle riders by between eighty-five and eighty-eight percent; and 4) several studies have shown that legislation, often in combination with education, increases helmet usage and decreases head injuries. Public Health- Seattle & King County, with Harborview Injury Prevention and Research Center and the Centers for Disease Control, have estimated that $10 million a year could be saved if every bicyclist in King County wore a helmet. Head injuries are a major cause of death and disability associated with the operation of a bicycle on public roadways and bike paths. Based on this clear data, the City proposes an ordinance to require bicycle riders and bicycle passengers to wear bicycle helmets on public property within the jurisdiction of the City of Federal Way. Options 1. Approve the proposed Bicycle Helmet Ordinance. 2. Modify the proposed Bicycle Helmet Ordinance. \-\-\ '1 D~:~~+ +1.~ --~-~~~rI D;~..~I~ LJ~I~~+ r\-"':_~-~~ :- :+~ ~_+;_~h, J. l'-~J~~llll~ }llV}lV"'-U LJI'-Y'-"- 11'-1111~l U'lUlllU11~'- 11111" '-lllll'-lY. Staff Recommendation Approve the proposed Bicycle Helmet Ordinance to promote the health and safety of bicycle riders and bicycle passengers on public property within the City of Federal Way. (Option I) Committee Recommendation Forward option ~I to the full City Council for placement on the December 7, 2004 City Council Consent Agenda with a "do pass" recommendation. K:\agnditem\2004 Chart 15 bicycle helmet ord \-\-L DRAFT / t/:3% )L ORDINANCE NO. AN 0 RD IN AN CE OF THE CITY CO UN CIL 0 F THE CITY OF FEDERAL WAY, WASHINGTON, ADDING A NEW SUBSECTION, 196, TO ARTICLE VI CHAPTER 15 OF CITY OF FEDERAL WAY CITY CODE REGARDING BICYCLE HELMET REGULATIONS (Amending Ordinance No. 91-91) WHEREAS, the City of Federal Way is a non-charter code city under the laws of the State of Washington and, as such, has the power to enact ordinances for the protection of the public health, safety and general welfare and for other purposes; and WHEREAS, the City finds that requiring the wearing of bicycle helmets by persons operating or riding bicycles within the City of Federal Way furthers the health and safety of citizens; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, DOES ORDAIN AS FOLLOWS: Section 1. A new section is added to Article VI, Chapter 15 ofthe City of Federal Way City Code to read as follows: 15-196 BICYCLE HELMETS 15-196.1 PURPOSE AND POLICY: A. This Chapter is enacted as an exercise ofthe authority of the City of Federal Way to protect and preserve the public health and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes. B. It is the express purpose ofthis Chapter to provide for and to promote the health and welfare of the general public, and not create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this Chapter. ORD# ,PAGEl ORD# c. It is the specific intent of this Chapter to place the obligation of complying with its requirements upon any person falling within this scope, and no provision of, nor term used in, this Chapter is intended to impose any duty whatsoever upon the City of Federal Way or any of its officers or employees, for whom the implementation or enforcement 15-196.2 DEFINITIONS: As used in this Chapter, the following terms shall have the meanings indicated unless every context clearly requires otherwise: A. "Bicycle" means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels, either of which is 16 inches or more in diameter, or three wheels, anyone of which is more than 20 inches in diameter (RCW 46.04.071). Within this Chapter, the term "bicycle" shall include any attached trailers, side cars, and/or other device being towed by a bicycle. B. "Guardian" means a parent, legal guardian, an adult with custody, or temporary guardian who maintains responsibility, whether voluntary or otherwise for the safety and welfare of a person under the age of 18 years. c. "Public area" means public roadways, bicycle paths, sidewalks, parks, or any right- of-way or publicly owned facility under the jurisdiction of the City of Federal Way. 15-196.3 BICYCLE HELMET REQUIRED: A. Any person bicycling or riding as a bicycle passenger on or in tow of a bicycle upon any public area in the City of Federal Way shall wear a bicycle helmet and shall have either the neck or chin strap of the helmet fastened securely while the bicycle is in motion. B. No person shall transport another person on or in tow of a bicycle upon any public area in the jurisdiction ofthe City of Federal Way, unless the passenger is wearing a helmet that meets the requirements of this Chapter. c. A parent or guardian is responsible for requiring that a child under the age of 16 years wears a bicycle helmet while bicycling or riding as a passenger on a bicycle in any public area in the City of Federal Way, and has the neck or chin strap ofthe helmet fastened securely. ,PAGE 2 A. 15-196.4 BICYCLE RACES AND EVENTS- HELMET REQUIRED: Any person managing a bicycle race, an organized event involving bicycling, or a bicycle tour in the public areas of the City of Federal Way shall require that all participants on or in tow of bicycles wear approved bicycle helmets. B. The person managing any such event shall include the bicycle helmet requirement in any promotional brochures and on registration materials. 15-196.5 BICYCLE RACES AND EVENTS- HELMET REQUIRED: A. Any person engaging in the business of renting or loaning (e.g., "a test drive") any bicycle for use in any public place in the City of Federal Way shall supply the persons leasing or using bicycles with bicycle helmets, along with the bicycles, unless the bicycle riders and passengers possess bicycle helmets of their own for use with the bicycle. B. The rental papers (contract, agreement, or receipt) must advise the person renting the bicycle of the bicycle helmet requirements of this chapter. 15-196.6 PENALTIES- TRAFFIC INFRACTION: A. Effective January 1,2005, any person violating any of the provisions ofthis Chapter shall have committed a traffic infraction and shall be liable for monetary penalties as set forth in Section 15-191 of the Federal Way Municipal Code. B. The court may waive, reduce, or suspend the penalty and clear the notice ofviolation as a warning for an individual who has not received a notice of violation of this Chapter within one year, and provides proof that he or she has acquired a bicycle helmet at the time of appearance in court. c. Each rental and each event under FWMC 15-196.5 shall be a separate violation. Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstances, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulations, such decision or pre-emption shall not affect the validity ofthe remaining portions of this ordinance or its application to other persons or circumstances. ORD# , PAGE 3 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 five (5) days fTom and after its passage and publication, as provided 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. K:\ORDIN\chapter 15update.092004-bicyciehelmet Revised 9/30/04 ORD# , PAGE 4 MEETING DATE: December 7,2004 ITEM# / -VII (Œ) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Code Amendment to Allow Additional Lodging Tax Advisory Committee (LTAC) Members CATEGORY: BUDGET IMP ACT: CONSENT RESOLUTION CITY COUNCIL BUSINESS x ORDINANCE PUBLIC HEARING OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $0 $ $ A TT ACHMENTS: Memo to Council Committee; draft code amendments .......................-.............................-.......................................-.................. m.................. SUMMARYIBACKGROUND: The FWCC includes provisions for the City's L T AC, including the number and affiliation of each member. State law (RCW 67.28.1817) provides that the L T AC must include at least five members, constituted as follows: one member who is an elected official of the municipality, at least two members who are representatives of businesses authorized to collect the lodging tax, and at least two members who are persons involved in activities authorized to be funded by lodging tax revenues. (Italics added for emphasis.) Interestingly, while the language of Section 2-95.2 FWCC ("Membership") is almost identical, it does not include the words "at least" in setting out the L T AC membership, as does State law. As a consequence, the City of Federal Way L T AC is currently limited to five members. Nevertheless, it seems clear that the intent of the FWCC provisions was to allow for periodic review and change to the LTAC membership, given that Section 2-95.5 ("Changes to membership") provides the following language: The council may review the membership of the committee annually, and make such changes as the council may deem appropriate. The total number of members may be increased or decreased at the time of the annual review, by motion of the council duly adopted, but the number of members shall not be less than five. PROPOSAL: Add the words "at least" before the numbers and affiliations of the LTAC members, in accord with State RCW language, in Section 2-95.2 FWCc. In addition, a sentence is added to Section 2-95.2 to clarify that any addition of L T AC members must occur in pairs of one representative from the lodging industry and one representative fTom tourism activities, as per State RCW language. Please see attached draft code amendment for exact wording. .............................................................. ....................... ............m.._...... .....'..--.-..................m......................... ......'..m........................................................-................................................................................................-.......................... ..... ....... .................................--...................".'.""-"-".'.'..'.'."'."'.'........ CITY COUNCIL COMMITTEE RECOMMENDATION: At its November 9,2004 meeting, the FEDRAC E~~?~~~~~.ed. élPEr?'l.éll...?t!~~..E~?P.?~~~m~?~.~....él~.~~ ~~~~t'm PROPOSED MOTION: "I move to approve the proposed amendment to Section 2-95.2 ofthe Federal Way City Code to allow for more than five members ofthe Lodging Tax Advisory Committee and forward to second reading and enactment on December 21,2004." 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 # 3S-7 CITY OF FEDERAL WAY MEMORANDUM DATE: November 2, 2004 SUBJECT: Finance, Economic Development and Regional Affairs Committee David MOS~anager Patrick Doh~nomic Development Director Code Amendment to Allow Additional LTAC Members TO: VIA: FROM: Policy Question Should the Federal Way City Code (FWCC) be amended to allow more than five Lodging Tax Advisory Committee (LTAC) members? Background The FWCC includes provisions for the City's L T AC, including the number and affiliation of each member. State law (RCW 67.28.1817) provides that the L T AC must include at least five members, constituted as follows: one member who is an elected official ofthe municipality, at least two members who are representatives of businesses authorized to collect the lodging tax, and at least two members who are persons involved in activities authorized to be funded by lodging tax revenues. (Italics added for emphasis.) Interestingly, while the language of Section 2-95.2 FWCC ("Membership") is almost identical, it does not include the words "at least" in setting out the L T AC membership, as does State law. As a consequence, the City of Federal Way LTAC is currently limited to five members. Nevertheless, it seems clear that the intent of the FWCC provisions was to allow for periodic review and change to the LTAC membership, given that Section 2-95.5 ("Changes to membership") provides the following language: The council may review the membership ofthe committee annually, and make such changes as the council may deem appropriate. The total number of members may be increased or decreased at the time of the annual review, by motion of the council duly adopted, but the number of members shall not be less than five. FEDRAC memo L T AC Changes 11/2/04 Page 2 of 2 Proposal Option 1. Add the words "at least" before the numbers and affiliations of the L T AC members, in accord with State RCW language, in Section 2-95.2 FWCc. In addition, the following sentence is added to Section 2-95.2 to clarify that any addition of L T AC members must occur in pairs of one representative from the lodging industry and one representative from tourism activities, as per State RCW language. Please see attached draft code amendment for exact wording. Pros: In this way, the LTAC membership may be revised upwards or downwards by City Council, upon its review, in concert with Section 2-95.5. This is especially useful when L T AC membership recruitment yields several qualified candidates. Cons: No clear negative consequences. Option 2. Leave the FWCC language unchanged. Pros: Maintains a smaller, streamlined group. Cons: Does not provide flexibility to increase public participation in the L T AC membership as public interest increases. L T AC Recommendation. Approve Option 1. Committee Recommendation Forward Option ~ to the full City Council for approval on December 7, 2004. ð~ '" , , Committee Me / / V' DRAFT 1/(3ðjÓ Ý ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 2 OF THE FEDERAL WAY CITY CODE BY AMENDING SECTION 2-95.2 TO ALLOW MORE THAN FIVE MEMBERS ON THE LODGING TAX ADVISORY COMMITTEE. WHEREAS, RCW 67.28.180, authorizes local jurisdictions to levy and collect a special excise tax not to exceed two percent on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property for the purposes of tourism promotion, and/or acquisition or operation of tourism-related facilities; and WHEREAS, RCW 67.28.1817 requires that a municipality with a population of five thousand or more that imposes a lodging tax must establish a lodging tax advisory committee comprised of at least five members appointed by the legislative body ofthe municipality; and WHEREAS, RCW 67.28.1817 requires that a lodging tax advisory committee include one member who is an elected official of the municipality, at least two members who are representatives of businesses authorized to collect the lodging tax, and at least two members who are persons involved in activities authorized to be funded by lodging tax revenues; and WHEREAS, Section 2-95.1 FWCC creates the City of Federal Way Lodging Tax Advisory Committee, in accord with Chapter 67.28, RCW; and WHEREAS, Section 2-95.2 FWCC limits the lodging tax advisory committee to five members only; and ORD# ,PAGEl WHEREAS, the City of Federal Way Lodging Tax Advisory Committee at its September 10, 2004 meeting voted unanimously to allow for expansion of the committee's membership to up to seven members, by adding one member who is a representative of businesses authorized to collect the lodging tax and one member who is a person involved in activities authorized to be funded by the lodging tax revenues; and WHEREAS, the City Council wishes to expand the membership of the lodging tax advisory committee to encourage greater community participation in committee activities and increase the number of committee members able to work on committee projects and programs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 2, Article III, Division 7, Section 2-95.2 ofthe Federal Way City Code is amended, as follows: 2-95.2 Membership The membership of the lodging tax advisory committee shall be appointed by the city council and shall consist of at least five members: one member shall be an elected official ofthe city who shall serve as the chair; at least two members shall be representatives of businesses required to collect the tax, and at least two members shall be persons involved in activities authorized to be funded by revenue received from the tax. The number of members who are representatives of businesses required to collect tax under this chapter ORD# , PAGE 2 shall equal the number of members who are involved in activities authorized to be funded by revenue received under this chapter. Section 2. Seyerabilitv. 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 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 five (5) days from the time of its final passage, as provided 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 ORD# , PAGE 3 ./ APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ord i na nee \lodg i ngtaxordehanges. doe ORD# , PAGE 4 MEETING DATE: December 7, 2004 ITEM# "1! /1 (éJ) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Amendment to Federal Way City Code, Chapter 14, Article V, giving the City the authority to subpoena tax records CATEGORY: BUDGET IMPACT: D D 0 CONSENT RESOLUTION CITY COUNCIL BUSINESS X ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memorandum dated November 17, 2004 to the Finance, Economic, Development and Regional Affairs Committee, Proposed Ordinance SUMMARY /BACKGROUND: In an effort to conduct an audit on cellular service providers required to pay taxes under FWCC Chapter 14, Article V, the City has encountered resistance from companies to provide requested information. The information the City had asked for included account numbers, billing address for verification of jurisdiction, the amount ofthe last billing and a code to show whether the Federal Way Utility Tax was applied to that account. One of the cellular service providers, Cingular, has insisted that the information the City wants is confidential, proprietary information and is protected from disclosure under 47 u.S.c. 222. Cingular indicated that it would provide the information only if subpoenaed. As a government agency, the power to tax is a privilege and major source of revenue to fund the City. The ability to verify the accuracy of taxes received is just as vital a function to keep both the City and taxpayers accountable and to ensure that taxes are applied fairly and correctly to the City. RCW 35A.11.020 grants broad authority to code cities to adopt and enforce ordinances relating to and regulating its local or municipal affairs and appropriate to the good government of the city. Therefore, staff recommends the FWCC be amended to authorize the City to subpoena tax records to verify the accuracy of taxpayer returns. CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the Ordinance and forward to the full council for first reading at the December 7, 2004 meeting. PROPOSED MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on December 21,2004" 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 # ~sc? K:\AGNDITEM\2004\utility tax ordinance CITY OF FEDERAL WAY MEMORANDUM DATE: November 17, 2004 TO: Finance, Economic Development and Regional Affairs Committee VIA: David H. Moseley, City Manager FROM: Pat Richardson, City Attorney Q~ SUBJECT: Amendment to Federal Way City Code, Chapter 14, Article V, giving the City the authority to subpoena tax records. Policy Issue Should the Federal Way City Code (FWCC) be amended to grant the City the authority to subpoena tax records? Background In an effort to conduct an audit on cellular service providers required to pay taxes under FWCC Chapter 14, Article V, the City has encountered resistance from companies to provide requested information. The information the City had asked for included account numbers, billing address for verification of jurisdiction, the amount of the last billing and a code to show whether the Federal Way Utility Tax was applied to that account. One of the cellular service providers, Cingular, has insisted that the information the City wants is confidential, proprietary information and is protected from disclosure under 47 USe. 222. Cingular indicated that it would provide the information only if subpoenaed. As a government agency, the power to tax is a privilege and major source of revenue to fund the City. The ability to verify the accuracy of taxes received is just as vital a function to keep both the City and taxpayers accountable and to ensure that taxes are applied fairly and correctly to the City. RCW 35A.1l.020 grants broad authority to code cities to adopt and enforce ordinances relating to and regulating its local or municipal affairs and appropriate to the good government of the city. Therefore, staffrecommends the FWCC be amended to authorize the City to subpoena tax records to verify the accuracy of taxpayer returns. Options I. Approve the Ordinance and forward to the full council for first reading at the December 7,2004 meeting. 2. Reject the Ordinance. 3. Modify the Ordinance and forward to the full council for first reading at the ,,______,____,", ,-,r"'A u_--",--- UC;Ct;;J11Ut:l I, L.VV'-+ J11t:t:11J1~. Staff Recommendation Approve the Ordinance and forward to the full council for first reading at the December 7, 2004 meeting. (Option 1) Committee Recommendation Forward option - to the full City Council for placement on the December 7, 2004 City Council Agenda with a "do pass" recommendation. APPROV AL OF COMMITTEE ACTION: ~ ~fI C fíi ð1V\ Committee Chair K:\agnditem\fedrac\Utility tax ordinance ORAf1 } (/ 11/Ô ~ ORDINANCE NO. AN ORDINANCE OFTHE CITY COUNCIL OFTHE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 14, ARTICLE V, OF THE FEDERAL WAY CITY CODE TO CLARIFY TAXPAYER OBLIGATIONS WITH RESPECT TO RECORDS MAINTENANCE AND PRODUCTION, THE CITY'S INVESTIGATIVE AND ENFORCEMENT AUTHORITY, AND GRANTING THE CITY SUBPOENA POWER FOR TAXPAYER RECORDS (Amends Ordinance Nos. 95-257 and 96-262) WHEREAS, the City of Federal Way is a non-charter code city under the laws ofthe State of Washington and, as such, has the power to enact ordinances to levy a tax on the privilege of conducting an electrical energy, natural gas, storm drainage, garbage, cable television, cellular phone, digital pager or telephone business; and WHEREAS, non-charter code cities have broad power to adopt and enforce ordinances of all kinds relating to and regulating its local or municipal affairs and appropriate to the good government of the city; and WHEREAS, one of the most important functions of a government in setting and implementing tax policy is to strive for fairness, consistency, accuracy, equity, and efficiency; and WHEREAS, it is vital for the City to have access to taxpayers records in order to verify the correctness of taxpayer returns; and WHEREAS, the City Council finds that it would be in the best interest of the citizens of the City to amend FWCC Chapter 14, Article V, to give the City's designated authority the power to ORD# ,PAGE 1 subpoena tax records to verify the accuracy and correctness of taxpayer returns; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Taxpayer records FWCC Chapter 14, Article V, Section 180 is hereby amended to read as follows: 14-180 Taxpayer's records. @LEach taxpayer shall keep records for up to six years reflecting the amount of his or her gross operating revenues on services within the city, and such records shall be open at all reasonable times to the inspection of the designated official, or his or her duly authorized subordinates for verification of said tax returns or for the filing ofthe tax of a taxpayer who fails to make such return. (b) If a taxpayer does not keep the necessary books and records within the City, it shall be sufficient if such person (a) produces within the City such books and records as may be required by the designated official, or (b) bears the cost of examination by the designated official's agent at the place where such books and records are kept; provided that the taxpayer electing to bear such cost shall pay in advace to the City the estimated cost of the examination including round-trip fare, lodging, meals and incidental expenses, subject to adjustment upon completetion of the examination. (Ord. No. 95-257, § I, 12-19-95; Ord. No. 96-262, § 1,2-20-96) Section 2. Subpoena Power A new section is added to Chapter 14, Article V, to read as follows: 14-185.1 Subpoena Power. In addition to other remedies provided for herein, the City's designated official or his or her agent may fix a time and place for an investigation ofthe correctness of any return and may issue ORD# , PAGE 2 a subpoena to the taxpayer or any other person, to attend upon such investigation and there testify, under oath in regard to the matters inquired into and may, by subpoena, require the taxpay or any other person, to bring with him or her such books, records and papers as may be required by the designated official. Section 3. Severability Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstances, be declared unconstitutional or otheIWise invalid for any reason, or . should any portion of this ordinance be pre-empted by state or federal law or regulations, such decision or pre-emption shall not affect the validity ofthe remaining portions ofthis ordinance or its application to other persons or circumstances. Section 4. Ratification Any act consistent with the authority and prior to the effective date ofthis ordinance is hereby ratified and affirmed. Section S. Effective Date This ordinance shall take effect and be in force five (5) days from and after its passage 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 ORD# , PAGE 3 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.: K:\ORDIN\2004\Utility Tax\Chapter 14-180 amendment ORD# ,PAGE 4