LUTC PKT 12-06-2004
~('een
MEETING AGENDA
1.
CALL TO ORDER
2.
APPROVAL OF MINUTES: November 15, 2004
3.
PUBUC COMMENT (3 minutes)
4.
BUSINESS ITEMS
A.
Annexation Effective Date Update
B.
14111 Avenue South at South 312111 Street Signal; Project Acceptance
c.
Resolution Adopting the Inter-jurisdictional Regional Hazard Mitigation Plan
D.
Pacific Highway South HOV Lanes Phase I (S 312111 St. to S 324111 St.), Project
Acceptance
South 288th Street at SR-99 Signal and Intersection Improvements, Project
Acceptance
Accepting Grant Funding for Transportation Improvement Projects
E.
F.
G.
2005 Asphalt Overlay Program Preliminary Project List and Authorization to
Bid
Westway Street Lighting- 100% Design Approval & Authorization to Bid
H.
5.
FUTURE MEETINGS/AGENDA ITEMS
6.
ADJOURN
Action Conlen/5 Min.
Action Miller/5 Min.
Action Miller/5 Min.
Action Salloum/5 Min.
Action Salloum/5 Min.
Action Salloum/5 Min.
Action Salloum/15 Min.
Action Zukowski/5
Min.
Committee Members
Jack Dovey, Chair
Eric Faison
Michael Park
K:\COUNOL\LUTC STAFFING - 2004\12-6-04 AGENDA.doc
City Staff
Cary M. Roe, Public Wo'*s DiredJJr
Krystal Kelsey, Administraüve As:sistant
253-835-2701
MEETING MINUTES
In attendance: Committee Members Jack Dovey, Chair, Eric Faison and Michael Park; Mayor Dean McColgan, Deputy Mayor
Linda Kochmar, Council Member Jeanne Burbidge, Council Member Jim Ferrell; City Manager David Moseley; Deputy City
Attorney Karen ~Kirkpatrick; Public Works Director Cary Roe; Deputy Public Works Director Ken Miller~ City Traffic Engineer
Rick Perez; Street Systems Manager Marwan Salloum; Surface Water Manager Paul Bucich; Senior Traffic Engineer Maryanne
Zukowski; Community Development Services Director Kathy McClung; Senior Planner Margaret Clark; and Administrative
Assistant Krystal Kelsey.
1. CALL TO ORDER
Chair Dovey called the meeting to order at 5:30 pm.
2. APPROVAL OF MINUTES
The summary minutes of the October 18, 2004 meeting were approved as presented.
3.
PUBUC COMMENT
None.
4.
BUSINESS ITEMS - Chair Dovey changed the order of the agenda presentations as follows:
B. 2005 Street Sweeping Services Contract - Bid Award - The Committee m/s/c to place the staff
recommendation on the December 7,2004 Council Consent Agenda.
C. 2005 Right of Way Landscaping Maintenance - Bid Award The Committee m/s/c to place the staff
recommendation on the December 7, 2004 Council Consent Agenda.
D. East Branch Lakota Creek Restoration - 85% Design Status Report - Mr. Bucich gave the staff report. The
Committee m/s/c to place the staff recommendation on the December 7, 2004 Council Consent Agenda.
F. Resolution to Document Compliance with the Growth Management Act - Ms. Clark presented the staff
report. A resolution was presented to the Committee documenting the progress the City has made to date on the
Growth Management Act (GMA). The City still needs to adopt a concurrency ordinance and look at density in the
City. The Committee inquired about the impacts to grants since the City may not be in compliance with the Act.
However, adoption of the resolution shows that the City has made a good faith effort; having met the major aspects
of the GMA and they intend to continue with the update. The Committee also inquired about whether or not the PM
should be included in the update. Ms. Clark answered that she believed so, but would be checking with the state for
a firm answer to this question. In regards to incentives, do those for the downtown areas count and could the City
direct all 650 units downtown? Yes, those incentives do count, but a capacity analysis of the downtown area would
need to be conducted (and is underway) to identify vacant properties and properties that could be redeveloped. The
City could also look at cluster housing as an alternative
The Committee m/s/c to place the staff recommendation on the December 7, 2004 Council Consent Agenda.
A. Sound Transit Phase II - Joni Earl from Sound Transit addressed the Committee on the status and future of
Sound Transit projects throughout the region and in Federal Way. The following are excerpts from her presentation:
A mass transit system is good for the region's economy, by providing alternatives to congestion and helping
the movement of freight on highways and by trains through our rail corridors. Sound Transit is building that
regional mass transit system. And much of it is already in place. So far we're moving about 35,000 people
eve/}' day, a number that continues to climb as we improve our service.
In just five yea~, we've carried more than 34 million people. That's enough to fill Safeco Field more than
600 times. Our Sounder trains run about 73 miles between Tacoma, Seattle and Everett and they carry
more than 3,400 passengers eveI}' weekday. Our limited stop ST Express regional buses have already
logged more than 42 million miles on 19 new routes, linking Pierce County with Seattle, Bellevue, Everett
and other regional employment and population centers. Our buses carry about 30,000 people eveI}'
weekday. Tacoma Link carries more than 2,300 people a day. In our first year, about three quarte~ of a
million people took our trains and we're vel}' close to carrying our 1 millionth rider.
Another measure of our success is bricks and mortar. You've probably noticed the major construction work
going on near 1-5 in Federal Way, Lynnwood and Bellevue. Those, and many other Sound Transit projects,
are springing up around the region.
In just five yea~, we've invested nearly $1 billion in transit centers, park and ride lots, direct access ramps,
train stations and track improvements. We've built or helped build beautiful new Sounder train stations that
have become downtown showpieces in Tacoma, Puyallup, Sumner, Auburn, Kent, Seattle and Everett.
Sound Transit paying for improvements to signals, tracks, stations and grade crossings from Everett to
Lakewood past Tacoma. These improvements don't just benefit our Sounder commuter trains. Our trains run
on BNSF mainline tracks, so once the tracks are improved, the overall capacity in the corridor for freight and
for Amtrak trains has been improved, as well.
If you want to see how transit can vitalize a community, go to Tacoma and see our Tacoma Link light rail
line, which we built for $80 million. We've also added 10,000 parking spaces to the region - which is
roughly equivalent to a 33-stol}' parking garage.
While many of our projects are completed, othe~ are right around the corner. For example about a billion
dollars in construction is under way now on the Central Link light rail line.
With the local community's help, we're building first class projects that are revitalizing downtowns all around
the region. Our capital projects are becoming an important part of the community's fabric by spurring
economic growth and a new sense of pride.
We're also at work connecting Federal Way to Tacoma and the rest of the region. One of the most
important projects we have going is the Federal Way Transit Center and HOV access ramps to and from 1-5.
This is a major transit hub for Federal Way and all of South King County with parking for up to 1,200
vehicles and easy access to several hundred buses a day. The good news is that construction is going vel}'
well and the transit center and HOV access lanes will open next year.
Once it's open you can park your car for free at the transit center, catch a bus and leave the congestion
behind as your bus moves directly into the HOV lanes to wherever your destination is around the region.
Sound Transit worked closely with the City of Federal Way on the Transit Center and it now includes a
public rest room and security patrols around-the-clock 7 days a week.
,
One million in Sound Transit dollars is going toward local street improvements and new traffic signals,
improvements to congested inte~ections in downtown Federal Way and a contribution to the City's asphalt
pavement overlay program.
The Federal Way Transit Center is a major project for Sound Transit, but we're also aware that there are
other big regional transportation projects in Federal Way.
For example, Sound Transit is also helping pay for a new Redondo Heights park-and-ride lot near the
southeast comer of the inte~ection of Pacific Highway South and South 272nd Street in Federal Way. King
County is developing this vel}' important project along with the City of Federal Way. However, Sound
Transit will not be providing bus service from this park and ride.
The state Department of Transportation is evaluating six alternatives to the 1-5, SR 161 and the SR 18
Triangle. Sound Transit is also aware of the ongoing structural and aesthetic improvements that have been
made and are under way on Highway 99, the major link through Federal Way and to 1-5.
Another 1.2 million people are expected to be living in this region in the next 20 years. Imagine a city the
size of Portland squeezing into our region and using our already jammed transportation system. Mass
transit is no panacea, but it's a big part of the solution. Mass transit is how we can absorb growth of that
magnitude without sacrificing our quality of life.
Putting it off won't make it any cheaper - in fact ask those who were here in the early 1970s and turned
down building a comprehensive mass transit system for billions less than we're paying today. The longer we
wait the more costly it becomes. Keeping our current momentum going makes sense.
A timeline is in place for building the next piece of our region's mass transit system. We're calling that next
piece ST 2. The timeline we're working under shows that:
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.
Draft SEIS environmental studies will be released at the end of this month.
We're also updating our The Long Range plans from 1995 to see how different transit options mesh
with the region's latest growth projectionss, land use plans and travel patterns. The Long Range Plan
update will be finished in May of 2005.
WIth the help of cities and the public, the actual ST 2 projects that will fulfill the region's vision for the
future will be selected in early 2006
A possible ballot measure for ST 2 could be before the region's vote~ in the fall of 2006.
This is Federal Way's mass transit system and there will be many opportunities for you to participate in
planning for ST 2, the next piece of the regional mass transit system. Once the draft SEIS is released this
month, we'll be meeting with the community and the city to hear your comments and suggestions. In fact,
we've already begun meetings with officials in the City of Federal Way and other cities throughout the region
to discuss how our services will look and feel in each community.
Public meetings on the SEIS are scheduled throughout the region in Janual}'. The Long Range Plan update
will be finished in May of 2005. Open meetings on the Plan Update are scheduled for soon thereafter.
Sound Transit /I Projects will be selected in early 2006. Open meetings on Sound Transit 2 will be in 2006.
A possible ballot measure could be ready for a public vote in the fall of 2006. Because of the importance of
this issue to the region, we will have one of the most extensive public outreach plans in the region. Finally,
you can call us, write your comments, or log onto our Web site, www.soundtransit.org to participate.
I've covered a lot about our future, but I wanted to end with a thought or two about regional transit in
general. Whether or not you use transit, it's benefiting you - perhaps in ways you never considered. Some
say that mass transit only moves four percent of the people. What they don't tell you is that it moves more
than 40 percent of the people into downtown Seattle during rush hours - when we really need it. Interstate
405 and Inte~tate 90 carry something like three percent of all trips in the region, and yet we wouldn't
consider minimizing their impacts as transportation options.
One proof of the effectiveness of rail transit is that many cities that have rail. lines are expanding their
systems; including Portland, Denver, Salt Lake, Dallas, Vancouver, B.C.
The Committee raised the following questions:
Raised by Deputy Mayor Kachmar, answered by Joni Earl:
Q: Are there any plans for link light rail stations in the Federal Way area?
A:
We are linking at Link Light Rail along the whole 1-5 corridor. Some discussions on whether we
start in Tacoma and come north to Federal Way or come south to Federal Way from Seattle,
realizing that we can't build the entire project at once. There have been discussions about Federal
Way having a light rail station, but not at that level of detail right now.
Q:
With the Federal Way City Council and community as a whole have input on that decision/process?
A:
Yes, absolutely.
Q:
When will the draft EIS be distributed and will it be sent to all Council members?
A:
If that is what the City would like, Sound Transit will provide each Council member with a copy.
Also, a series of open houses in January throughout the region will be held to get public input.
Q:
Can you describe what a light rail station would look like?
A:
The only examples would be those planned in the Seattle area. These have been developed
based on local zoning regulations on how they should fit into each community. Each one is quite
different from the others without a specific prototype. The Federal Way City Council would be
involved quite extensively in the planning.
Q:
How large are the light rail stations?
A:
ST train platforms for light rail assume four car trains and are about 400 feet long.
Q:
What do you think might happen with the Federal Way TaD?
A:
Really can't say at this point. Current process is to put a project team together. Scott Kirkpatrick is
the current TOO manager and is working on an RFP and action plan so that they can sit down with
the City before they are out doing anything publicly so that it can be a partnership to find a viable
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Q:
developer for both the east and west property. While right now it is in ST hands, this is Federal
Way's City, and they want the City at the table with them as a partner.
At what point will most of this planning for Phase II be finalized, prior to the 2006 vote?
A:
Have all the planning work done by 2006. The planning must be done before it goes to the voters.
Furthermore, state legislature mandates an independent expert review panel appointed jointly by
the Governor's office, the DOT secretary, and the chair of the legislative transportation committee.
They are in the process of deciding who will be appointed to that..
Q:
Will the stations be identified prior to going for a vote?
A:
Station locations would probably be identified, but they would be at zero to five percent
engineering.
Q:
~ Is the current plan to have link light rail going all the way along SR 99 from SeaTac to Tacoma?
A:
(Eric Chips, Office of Policy and Planning spoke to this question.) Alignment could be along 1-5 or
SR 99, but no firm plans are in place. This is an area the City would certainly want to actively
influence.
Raised by Mayor McColgan, answered by Joni Earl:
Q: Do you prioritize specific projects (from Lakewood to Federal Way to Airport) that would be of a
better benefit regarding more added bus service or better link light rail?
A:
There are 200 - 300 project ideas that are going through the screening criteria and be whittled
down from there, The public needs to be engaged in that process.
Q:
What do you look for in a partnership with a City Council?
A:
Trust on both sides to focus on the issues that need to be focused on. Finding the. balance
between the right investment of ST funds and leveraging what cities are trying to achieve. Right of
way sharing, and doing a better job of collectively looking at ways to bring values for both sides to
the public to effectively use public tax dollars. Good communication.
Raised by Committee Member Park, answered by Joni Earl:
Q: Is Federal Way one of the nine locations for the public hearings scheduled in January?
A:
Ms. Earl did not bring a list with her of the meeting locations, but if the Council desires, the Federal
Way could be added to the list if they are not already scheduled.
Committee Member Park confirmed that the City would like Sound Transit to hold an open house in
our City, and asked that we be notified as soon as the date, time and location are known so that
press releases can be issued, notifying the public in advance of the dates. Ms. Earl agreed to do
so, but cautioned that these would be informal open houses, not public hearings. Maps and
additional information will be available for the public to review.
Raised by Committee Chair Dovey, answered by Joni Earl:
Q: How many other lines would the south end be competing with in, as in the Eastside and Everett, in
2006?
A:
Sound Transit has subarea equity [i.e. funds generated in a subarea must be spent in that same
subarea]. The importance of subarea equity means regardless of where else in the region Sound
Transit is building (like Bellevue, Everett, etc.), Federal Way would only compete with other projects
in the South King area as identified by the voters and the ST board. There aren't other light rail
projects in South King. Federal Way would be more likely to compete against projects such as east
west connects, additional Sounder service, additional transit centers, and added bus service in the
South King area, but not light rail.
Q:
Is there hope for a link from Tacoma to the airport?
A:
There is a lot of energy within the South Sound Delegation to have a connection to Federal Way.
However, such a connection would need to be funded jointly between South King and Pierce
County since the line would be coming out of downtown Tacoma and heading north.
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Raised by Deputy Mayor Kochmar, answered by Joni Earl:
Q: Would it be possible to have regular briefings from Sound Transit, perhaps on a quarterly basis?
A:
Yes, Sound Transit would be happy to provide quarterly briefings.
Committee Chair Dovey concluded the presentation by thanking Ms. Earl and her staff for their time and for the
information they shared.
F. City Center Access Study Briefing No.4 - Screening Level 2 Results & Options to Move Forward to
Screening level 3- Ms, Zukowski delivered the briefing/staff report to the Committee. Included in Ms. Zukowski's
presentation was a PowerPoint presentation depicting the options analyzed in Screening Level 2 and identified as
those that staff felt should be moved forward to Screening Level 3.
Dave Kaplan, a Stakeholder Team Membel'¡ addressed the Committee with his concerns regarding impacts to the
312" /Steel Lake area. Mr. Kaplan wanted to highlight what he feels are two additional negative impacts of either the
bridge or freeway exit. Because the Oty did not vacate the right of way between 2Ef" and I-~ two buildings of Steel
Lake Court Apartments are on the right of way with 16 apartments. Secondl", the Public Works and Parks
Maintenance yards would need to be relocated
The Committee inquired about why the Council should move forward options H4 and J5 if the one-way ring road was
not popular amongst members and was stated as not working as well. This option is one of the local options, and
was the highest scoring local option. The City is required to prove that it cannot fix its local problems first. This is
the only remaining local option left.
The Committee further inquired about the one-way couplet option, how it would work, and the levels of service
impacts. Ms. Zukowski answered that once it moves forward to the next screening stage significantly more analysis
will be conducted on this option, including economic impacts, Travel models will show the length of travel time from
different points within the City.
The Committee m/s/c to place the staff recommendation on the December 7,2004 Council Consent Agenda.
5. FUTURE MEETING/AGENDA ITEMS
6. ADJOURN
The meeting adjourned at 6:56 p,m.
G:ILUTÒLUTC Agendas and Summaries 2004\November 15, 2004 LUTC Minutes doc
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE 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
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 (MOU) 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 N e2atives
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 timeline fonnal 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 pennitting operational issues" c) maxinúze 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 fonnal
interlocal agreement
2. "I move that City Council adopt This option would: TIlls 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 fonnal
North Lake, Parkway and Redondo Departments to prepare agreement with King
East annexation areas" for provision of service County regarding
and annexation transitional
* This motion would entail 151 b) maxinúze 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 fonnal a) delay the annexation
date for thè 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.
Jack Dovey, Chair
Eric~Faison,Member
APPROVAL OF COMMITTEE REPORT:
Attachments: Draft interlocal agreement
Annexation Maps
3
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND
KING COUNTY, RELATING TO THE ANNEXATIONS OF THE NORTH
LAKE, REDONDO EAST, AND PARKWAY ANNEXA TI 0 N AREAS
THIS AGREEMENT is made and entered into this - day of , 2004. The
parties ("Parties") to this Agreement are the City of Federal Way, a State of Washington
municipal corporation ("City") and King County, a political subdivision ofthe State of
Washington ("County").
WHEREAS, the North Lake, Redondo East, and Parkway annexation areas ("Annexation
Areas") will become effective on January 1, 2005, pursuant to ordinances 05-_, 05-
-' and 05-_; and .
WHEREAS, the City and the County want to facilitate an orderly transition of services
and transfer of funds associated with the Annexation Areas; and
WHEREAS, the City and the County want to guarantee review continuity for pennit
applicants by authorizing the County to process pennits that have been applied for under
County jurisdiction and are vested in county regulations and codes; and
WHEREAS, the City and the County desire to mutually detennine the appropriate timing
for the transfer of public records; and
WHEREAS, the City and the County wish to ensure an orderly transfer of ownership and
maintenance of existing road and transportation facilities and to transfer appropriate
funds or fees dedicated to road improvements and maintenance that have been generated
in the Annexation Areas; and
WHEREAS, the City and the County want to ensure a smooth transfer of ownership and
maintenance of existing surface water facilities and to transfer appropriate funds or fees
dedicated to surface water and drainage improvements and maintenance that have been
generated in the Annexation Areas; and
WHEREAS, the County will partially fund the City's costs associated with annexation
including processing costs, costs associated with start-up of services and inherited deficit
with regard to insufficient capital and public facilities within the Annexation Areas; and
WHEREAS, the County will provide the City with the opportunity to acquire fee simple
properties useful to the public located within the Annexation Areas; and
WHEREAS, RCW 39.34.08 and other Washington law, as amended, authorizes any city
to enter into an interlocal agreement to pennit another government entity to perfonn any
governmental service, activity or undertaking which either entity is authorized by law to
perfonn; and
WHEREAS, the governing bodies of each of the parties hereto have detennined to enter
into this Agreement as authorized and provided for by the Growth Management Act,
codified at Chapter 36.70A RCW, the Governmental Services Act, codified at Chapter
36.115 RCW, the Interlocal Cooperation Act, codified at Chapter 39.34 RCW, and other
Washington law, as amended;
NOW THEREFORE, the City and the County agree as follows: In consideration of the
mutual tenus, provisions and obligations contained herein, it is agreed by and between
the City and the County as follows:
1. TERM. This Agreement shall become effective following the approval of the
Agreement by the official action of the governing bodies of each of the Parties and
the signing of the Agreement by the duly authorized representative of the Parties.
2. TERMINATION. Either Party may tenninate its obligations under this Agreement
upon 90 days advance written notice to the other Party and subject to the following
condition: Following a tennination, the Parties are mutually responsible for fulfilling
any outstanding obligations under this Agreement incurred prior to the effective date
of the amendment or tennination.
3. PERMITS. The County agrees to continue processing both building and land use
pennit applications in the annexed areas for which complete applications were filed
before the effective date of the annexation, as provided below:
a. Building Pennits.
i. Definitions. For the purposes of this Agreement, the following definitions
apply:
. "Building pennits" are defined as printed pennission issued by the
authorizing jurisdiction that allows for the construction of a structure, and
includes repair, alteration, or addition of or to a structure and shall also
include mechanical, plumbing, electrical, and sign pennits.
. "Completion" means final administrative or quasi-judicial approvals,
including final inspection and issuance of an occupancy pennit.
ii. Completion of Building Pennits. In areas that have been annexed, the County
agrees to complete processing of building pennit applications that were
deemed complete prior to the effective date of the annexations. On or about
the effective date of the Agreement, the County and City will detennine, in
consultation with the applicant(s), whether any pending building pennit
applications will be transferred to the City for completion.
2
iii. Appeals of Building Pennits. The County agrees to be responsible for
defending, at no cost to the City, any administrative, quasi-judicial, or judicial
appeals of building penn its issued by the County in the annexed areas.
IV.
Transfer by Request of Penn it Applicant. The City may at any time request
the County to transfer pending building pennit applications upon receipt of a
written request by the pennit applicant. The County will contact applicants
for pending pennit applications to provide advance notification ofthe transfer
date. The City will honor any intennediate approvals (such as building plan
check approval) that are effective prior to transfer of the pennit application.
Both the City and the County must agree to any such transfer.
b. Land Use Pennits.
1. Definition. For the purposes of this Agreement, the following definition
applies:
. "Land use pennits" are defined as variances, conditional use pennits, site
plan approvals, rezones, reasonable use pennits, special use pennits, SEP A
reviews, shoreline pennits, short subdivisions, fonnal subdivisions
(preliminary plats and final plats), boundary line adjustments, lot line
elimination, binding site plans, plat alterations and amendments, right-of-
way pennits, clearing and grading pennits, concurrency pennits and other
land use and engineering pennits and approvals.
ii. Completion of Land Use Pennits. In areas that have been annexed, the
County agrees to complete processing of land use pennit applications that
were deemed complete prior to the effective date ofthe annexations. On or
about the effective date ofthe Agreement, the County and City will detennine,
in consultation with the applicant(s)~ whether any pending land use pennit
applications will be transferred to the City for completion. Final plat
applications related to preliminary plats that were vested in County code shall
be processed by the County even if final plat application occurs after the
effective date of the annexation(s).
iii. Land Use Dedications, Deeds, or Conveyances. Final plats or other
dedications of public property will be transmitted to the City for City Council
acceptance. Dedications, deeds or conveyances will be in the name of the
City and will be forwarded to the City Council for acceptance by the City
even if the County is continuing to process the pennit.
iv. Appeals of Land Use Pennits. The County agrees to be responsible for
defending, at no cost to the City, any administrative, quasi-judicial, or judicial
appeals of land use pennits issued by the County in the annexed areas.
3
v. Transfer by Request of Penn it Applicant. The City may at any time request
the County to transfer pending land use pennit applications upon receipt of a
written request by the pennit applicant. The County will contact applicants
for pending pennit applications to provide advance notification of the transfer
date. The City will honor any intennediate approvals that are effective prior
to transfer of the pennit application. Both the City and the County must agree
to any such transfer.
c. Pennit Renewal or Extension. Any request to renew a building pennit or to renew
or extend a land use pennit under review or issued by the County in the
annexation areas shall be made in consultation between the County and the City.
The City shall have ultimate authority to detennine whether or not a renewal or
extension shall be granted.
d. Code Enforcement Cases. Code enforcement cases in the annexation areas
pending in the County may be transferred to the City on the effective date of the
annexation. The City shall detennine which cases, if any shall be transferred.
Any further action in those cases will be the responsibility of the City and at the
City's discretion. The County agrees to make its employees available at no cost
to the City if necessary to prosecute transferred cases.
e. Enforcement of Count V Conditions. Following the effective date of the
annexation, the City agrees to enforce any legally binding conditions imposed by
the County relating to the issuance of a building or land use pennit in an area
which has been annexed, to the same extent it enforces its own conditions. The
County agrees to make its employees available, at no cost to the City, to provide
assistance in enforcement of conditions on pennits originally processed by
County personnel.
f. Transference of Bonds and Financial Guarantees. If a pennit is transferred to the
City pursuant to subsections 3(a)(iv) or 3(b )(v), any perfonnance, maintenance, or
other bonds or financial guarantees held by the County to guarantee perfonnance,
maintenance, or completion of work associated with the issuance of said pennit
will be transferred to the City along with responsibility for enforcement of
conditions to said bonds. The County shall continue to administer bonds and
financial guarantees for those pennits the County continues to review.
4. RECORDS TRANSFER. The County shall, by January 1,2005, transfer to the City
those public records requested, including but not limited to, pennit records, criminal
records, public safety records, code enforcement records, publiè easement records, as-
built plans of publicly owned infrastructure including roads and drainage facilities,
capital project files for roads, transportation facilities and surface water facilities,
development files, RID files, mylars, plats, short plats, Pavement Management Files,
collision records, traffic volume data and maintenance records.
5. ROADS AND TRANPORTATION.
4
a. Annexation of Road Right-of-Ways. The City agrees to assume full legal control
and maintenance responsibility for public road right-of-ways within the annexed
area upon the effective date of annexation, unless otherwise mutually agreed in
writing.
b. Transfer of funds for adopted Capital Improvement Programs and discretionary
fund projects. The County agrees to transfer to the City funds for adopted Capital
Improvement Program projects and discretionary fund projects within the
annexation areas.
c. Transfer of Uncommitted Proportionate Share Mitigation Payments. The County
collects proportionate share mitigation payments (e.g., GMA impact fees and
road-related capacity payments collected pursuant to the State Environmental
Policy Act, the Mitigation Payment System and other funding mechanisms) as a
condition to the issuance ofland development pennits for roads. The County
agrees to transfer the uncommitted proportionate share of mitigation payments
generated within the Annexation Areas to the City within four months of the
effective date of the Agreement. The City agrees to utilize these funds to pay for
street improvements, maintenance and administration, to include design and
construction, within the Annexation Area in which the funds were collected.
d. Street Lighting. The City agrees to assume responsibility for operation and
maintenance of street lighting provided by Puget Sound Energy within the
annexation area, for which the County was previously responsible.
6. SURFACE WATER MANAGEMENT.
a. Annexation of Surface Water Facilities. The City agrees to assume full legal
control and maintenance responsibility for public surface water and drainage
facilities within the annexed area upon the effective date of annexation, unless
otherwise mutually agreed in writing. Easements benefiting the County for
residential detention, retention, water quality, or conveyance facilities will
transfer to the City. All tracts of land dedicated to the County will transfer to the
City upon the effective date of the annexation.
b. Taxes, Fees, Rates, Charges, and Other Monetary Adjustments. The City
recognizes that the County collects Surface Water Management fees. The County
agrees to transfer the uncommitted portion of these fees generated within the
Annexation Areas to the City within four months of the effective date ofthe
Agreement. The City agrees to utilize these funds to pay for surface water and
drainage facilities improvements, maintenance and administration, to include
design and construction, within the Annexation Area in which the funds were
collected.
5
7. POLICE SERVICES.
a. Annexation of Police Services: On the effective date of the annexation, police
service responsibility within the annexation areas will transfer to the City.
Criminal cases and investigations pending in the County prior to the effective date
of the annexation will remain the responsibility of the County.
b. Costs of Misdemeanor Prisoners: The County will continue to be responsible for
the costs of misdemeanor prisoners whose crimes were committed prior to the
effective date of annexation. The City will be responsible for the incarceration
costs of misdemeanor and gross misdemeanor prisoners brought into the system
on crimes committed on or after the effective date of annexation.
c. Cooperation between the City and County: The City and County have long
enjoyed a cooperative and functional relationship. Both parties look forward to
continued success based on this formula.
d. Sharing of intelligence information: The County agrees to provide specific
intelligence information regarding the annexation areas to the City upon request.
This may include, but is not limited to: persons of interest, contact records and
other similar information.
e. Sharing of community information: The County agrees to provide lists that the
County has regarding the annexation areas to the City upon request. These lists
may include, but are not limited to: members of block watch programs,
community groups, and/or homeowner's associations.
f.
Sharing of infrastructure information: The County agrees to provide the City
information regarding traffic accident data pertaining to intersections and other
infrastructure concerns in the interest of enforcement and education.
g. Annexation of Emergency Response (911) Services: The City and County agree
to coordinate emergency response services to preserve the safety of those in the
annexation areas.
8. FUNDING TO ADDRESS CAPITAL AND OPERATING DEFECITS. The County
shall pay to the City $190,000.00 from the County annexation incentive fund. The
City agrees to utilize these funds to pay for capital improvements within the
Annexation Areas, annexation processing costs associated with the subject
annexations or to pay for the administrative and start-up costs associated with
providing services within the Annexation Areas.
9. ACQUISITION OF TAX FORFEITED PROPERTY. The County agrees to transfer
ownership of certain tax-forfeited properties requested by the City. The City agrees
6
to pay the County an amount equal to the back taxes due on the forfeited properties as
well as administrative transfer costs.
10. ACQUISITION OF OTHER COUNTY OWNED PROPERTY. The County shall
transfer County owned property within the annexation areas to the City for
administrative transfer costs.
11. CONTACT PERSONS. The Parties stipulate that the following persons shall be the
contact person for their respective jurisdiction. .
City of Federal Way:
King County:
City Manager
City of Federal Way
33325 8th Avenue South
P.O. Box 9718
Federal Way, WA 98003-9718
11. COMPLIANCE WITH LAWS. Each Party accepts responsibility for compliance
with federal, state, or local laws and regulations. Specifically, in meeting the
commitments encompassed in this Agreement, all parties will comply with the
requirements ofthe Open Meetings Act, Public Records Act, Growth Management
Act, State Environmental Policy Act, and Annexation Statutes. The Parties retain the
ultimate authority for land use and development decisions within their respective
jurisdictions as provided herein. By executing this Agreement, the Parties do not
purport to abrogate the decision-making responsibility vested in them by law.
12. COMPLIANCE WITH OTHER AGREEMENTS, STUDIES, AND STANDARDS.
Unless otherwise specified in the Agreement, the Parties mutually agree to honor all
existing mitigation agreements, interlocal agreements, appropriate inteIjurisdictionai
studies, and agreed upon standards affecting the Annexation Areas.
13. INDEMNIFICATION.
a. City Indemnification. The City agrees to indemnify, defend and hold the County,
its elected officials, commissioners, officers, employees, agents and volunteers
hannless from any and all claims, demands, losses, actions and liabilities
(including costs and attorney fees) to or by any and all persons or entities,
including without limitation, their respective agents, licensees, or representatives,
arising from, resulting from or connected with this Agreement to the extent
caused by the negligent acts, errors, or omissions of the City, its elected officials,
commissioners, officers, employees, agents and volunteers; or by the City's
breach of this Agreement.
b. County Indemnification. The County agrees to indemnify, defend and hold the
City, its elected officials,' commissioners, officers, employees, agents, and
7
volunteers hannless from any and all claims, demands, losses, actions and
liabilities (including costs and all attorney fees) to or by any and all persons or
entities, including, without limitation, their respective agents, licensees, or
representatives, arising from, resulting from, or connected with this Agreement to
the extent caused by the negligent acts, eITors or omissions of the County, its
elected officials, commissioners, officers, employees, agents, and volunteers, or
by the County's breach of this Agreement.
c. Survival. The provisions of this Indemnification, Section shall survive the
expiration or tennination of this Agreement with respect to any event occurring
prior to such expiration or t~nnination.
14. CONTINGENCY. The obligations of the City and the County in this Agreement are
contingent on the availability of funds through the legislative appropriation and
allocation in accordance with law. In the event funding is withdrawn, reduced, or
limited in any way after the effective date of this Agreement, either Party may
tenninate the Agreement under Section 2 of this Agreement, subject to renegotiation
under those new funding limitations and conditions.
15. GENERAL PROVISIONS.
a. Entire Agreement. This Agreement contains all of the agreements of the Parties
with respect to any matter covered or mentioned in this Agreement and no prior
agreements shall be effective for any purpose.
b. Filing. A copy of this Agreement shall be filed with the Federal Way City Clerk
and recorded with the King County Auditor.
c. Records. Both Parties shall maintain adequate records to document obligations
perfonned under this Agreement. Both Parties shall have the right to review the
other Party's records with regard to the subject matter of this Agreement upon
reasonable notice. Such rights last for six (6) years from the date of pennit
issuance for each specific development subject to this Agreement.
d. Amendments. No provision of this Agreement may be amended or modified
except by written agreement signed by the Parties.
e. Severability. If one or more of the clauses of this Agreement is found to be
unenforceable, illegal, or contrary to public policy, the Agreement will remain in
full force and effect except for the clauses that are unenforceable, illegal, or
contrary to public policy.
f. Assignment. Neither the City nor the County shall have the right to transfer or
assign, in whole or in part, any or all of its obligations and rights hereunder
without the prior written consent of the other Party.
8
g. Successors in Interest. Subject to the foregòing Subsection, the rights and
obligations of the Parties shall inure to the benefit of and be binding upon their
respective successors in interest, heirs, and assigns.
h. Dispute Resolution. The Parties mutually agree to use a fonnal dispute resolution
process such as mediation, through an agreed upon mediator and process, if
agreement cannot be reached regarding interpætation or implementation of any
provision of this Agreement. All costs for mediation services would be divided
equally between the Parties. Each jurisdiction would be'responsible for the costs
of their own legal representation. -
1. Attorneys' fees, In the event either of the Parties defaults on the perfonnance of
any tenns of this Agreement or either Party places the enforcement of this
Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all
its own attorneys' fees, costs and expenses.
J. No waiver. Failure of either the County or the City to declare any breach or
default immediately upon the occurrence thereof, or delay in taking any action in
connection with, shall not waive such breach or default.
k. Applicable Law. Washington law shall govern the interpretation of this
Agreement. King County shall be the venue of any arbitration or lawsuit arising
out of this Agreement.
l.
Confidentiality. All infonnation regarding the City obtained by the County in
perfonnance of this Agreement shall be considered confidential to the fullest
extent allowable under the law. In the event that the County receives a public
records request for records covered by or related to this Agreement, the County
agrees to provide the City 14 days notice prior to the County's release of any
records.
m. Authority. Each individual executing this Agreement on behalf of the City and
the County represents and warrants that such individuals are duly authorized to
execute and deliver the Agreement on behalf of the City or the County.
n. Notices. Any notices required to be given by the Parties shall be delivered at the
addresses set forth above in Section 9. Any notices may be delivered personally
to the addressee of the notice or may be deposited in the United States mail,
postage prepaid, to the addresses set forth above in Section 9. Any notice so
posted in the United States mail shall be deemed received three (3) days after the
date of mailing.
o. Perfonnance. Time is of the essence of this Agreement and each and all of its
provisions in which perfonnance is a factor.
9
p. Equal Opportunity to Draft. The Parties have participated and had an equal
opportunity to participate in the drafting of this Agreement. No ambiguity shall be
construed against any party upon a claim that that party drafted the ambiguous
language.
IN WITNESS THEREOF, the Parties have executed this Agreement.
CITY:
COUNTY:
David H. Moseley, City Manager
Date:
Date:
ATTEST:
ATTEST:
N. Christine Green, CMC, City Clerk
DATED:
DATED:
Approved as to Fonn:
Approved as to Fonn:
-
Patricia A. Richardson, City Attorney
10
City of
Federal Way
Proposed
Redondo East
Annexation
Legend:
0 Annexation Area Boundary
~ Other Unincorporated Area
Incorporated Area
Scale:
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Map Date: May 2004
City of Federal Way,
33530 First Way S,
Federal Way, W A 98003
(253) 661-4000
www.cityoffederalway.com
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1
0 250 500 N
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Scale:
Map Date: Mar 2004
City of Federa Way.
33530 First Way S.
Federal Way. WA 98003
(253) 661.4000
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.
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CITY OF FEDERAL WAY
MEMORANDUM
SUBJECT:
December 6, 2004
Land Use and Transportation Committee
David H. MOS~anager
Ken Miller, P.E. Deputy Public Works Director
14,h A venue South at South 312'h Street Signal; Project Acceptance
'?t^
DATE:
TO:
VIA:
FROM:
POLICY QUESTION:
Should the Council accept the 14th Avenue South at South 312th Street Project, constructed by Signal Electric,
Inc., as complete?
BACKGROUND:
Prior to release ofretainage on any Public Works construction project, the City Council must accept the work as
complete to meet State Department of Revenue and Department of Labor and Industries requirements.
The above referenced contract with Signal Electric, Inc. is complete. The final construction contract amount is
$118,639.69, which is $31,177.34 below the $149,817.03 budget (including contingency) approved by Council on
February 3, 2004.
OPTIONS:
1. Authorize final acceptance of the completed 14th Avenue South at South 312th Street Project constructed
by Signal Electric, Inc. in the amount of$118,639.69 as complete.
2. Do not authorize final acceptance of 14th Avenue South at South 312th Street Project constructed by
Signal Electric, Inc. as complete and provide direction to staff.
STAFF RECOMMENDATION:
Staff recommends forwarding Option 1 to the December 21, 2004 City Council Consent Agenda for Approval:
1. Authorize final acceptance of the completed 14th Avenue South at South 31ih Street Project
constructed by Signal Electric, Inc. in the amount of $118,639.69 as cornplete.
COMMITTEE RECOMMENDATION:
Forward the above staff recommendation to the December 21, 2004 City Council Consent Agenda.
--- .---..-- ..m_"'- .- - .-..
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Public Works Department
Contract Pay Estimate
Project: 14th Avenue South at South 312th Street Signal Number: FINAL
Contractor: Signal Electric, Inc. Date: November 2, 2004
Contract Number: AG#: 04-018 Pay Period: "
Purchase Order Number: 052030
Item T CONTRACT PREVIOUS TOTAL THIS ESTIMATE 1 TO DATE
No. Contract Bid Item Estimated Qty Unit Unit Price Bid Price Quantities Total Amount Quantities Total Amount Quantities Percent Total Amount
1 Roadway Su'rveying 1 LS 3,000.00 3,000.00 1 $3,000.00 0 $0.00 1 10000% $3,000.00
2 Mobilization 1 LS 13,000.00 13,000.00 1 $13,000.00 0 $0.00 1 100.00% $13,000.00
3 Traffic Control Labor 640 HR 34.00 21,760.00 206 $7,004.00 61 $2,07400 267 41.72% $9,078.00
4 Roadside Cleanup 5,000 FA 1.00 5,000.00 243.79 $243.79 1000 $1,000.00 124379 24.88% $1,243.79
5 Removing Cement Concrete Sidewalk 110 SY 17.05 1,87550 96 $1,636.80 0 $000 96 87.27% $1,636.80
6 Removing Raised Island 50 SY 31.35 1,567.50 51 $1,598.85 0 $0.00 51 102.00% $1,598.85
7 Removng Cement Concrete Curb and Gutter 100 LF 12.90 1,290.00 110 $1,419.00 0 $0.00 110 110.00% $1,419.00
8 Excavation and Embankment 1 LS 1,815.00 1,815.00 1 $1,815.00 0 $0.00 1 100.00% $1,815.00
9 Cement Concrete Curb and Gutter 100 LF 32.50 3,250.00 117 $3,802.50 0 $0.00 117 117.00% $3,802.50
10 Cement Concrete Sidewalk 120 SY 47.50 5,700.00 1117 $5,305.75 0 $0.00 1117 93.08% $5,305.75
11 Traffic Signal at 14th Avenue SIS 312\h Street, Complete 1 LS 74,991.00 74,991.00 0.7 $52,493.70 0.3 $22,497.30 1 100.00% $74,991.00
12 Permanent Signing 1 LS 1,199.00 1,199.00 0 $0.00 1 $1,199.00 1.00 100.00% $1,199.00
13 Removing Pavement Markings 1 LS 550.00 550.00 0 $0.00 1 $550.00 1 100.00% $550.00
14 Paint Line 555 LF 0.72 399.60 0 $0.00 0 $0.00 0 0.00% $0.00
15 Painted Wide Line 132 LF 0.55 72.60 0 $0.00 0 $0.00 0 0.00% $0.00
16 Plastic Crosswalk Line 150 SF 2.20 330.00 0 $0.00 0 $0.00 0 0.00% $0.00
17 Plastic Stop Line 87 LF 3.30 287.10 0 $0.00 0 $0.00 0 0.00% $0.00
18 Plastic Traffic Arrow 4EA 27.50 110.00 0 $0.00 0 $0.00 0 0.00% $0.00
TOTAL
136,197.30
$91,319.39
I $27,320.30 J
$118,639,69
Date
tj VO-6 beAg
TOTAL DUE THIS ESTIMATE:
I $27,320~OJ
City of Federal Way. Project Engineer
i'\~\oÓr
~
~~
\ \ \'L\ C(L
TOTAL PAID TO DATE:
$118,639,69
APPROVED BY (Final Estimate):
Date
0ISTRI8UTION:
COO"Bc!or
PurChasing
I hereby acknowledge that the merechandise and/or services have been
received as stated on this invoice. As the authorized approver on purchase
order # 052030, I approve this invoice for payment.
Inspector
Project File
~ ~ \\\L-~C)~
APPROVAL FOR PAYMENT TRAFFIC DIVISION Date
K:\Con\,"c\12004l04.016 Signa' Electric. Inc.. Pay Estim"B 3
CITY OF FEDERAL WAY
MEMORANDUM
FROM:
SUBJECT:
December 6, 2004
Land Use and Transportation Committee
David H. M~ity Manager
Ken Miller ;.E.\eputy Public Works Director
~
DATE:
TO:
VIA:
Resolution Adopting the /nter-jurisdictional Regional Hazard Mitigation Plan
POLICY QUESTION:
Should the City of Federal Way accept its designated portion of the Inter-jurisdictional Regional Hazard
Mitigation Plan?
BACKGROUND:
Attached is a copy of Resolution 03-398 (approved by LUTC on October 20, 2004 and by Council on November
4, 2003) authorizing the City to participate in the Hazard Mitigation Plan of King County, and upon review and
approval, accept its designated portion of the plan as approved by FEMA. Also attached is Federal Way Fire
Department Resolution No. 388 adopting its designated sections of the regional plan.
The plan provides for a cooperative and regional approach to common problems and solutions. Common
examples of mitigation include: flood control, fire code requirements, building codes, buried utilities, traffic
control and public education. Benefits from the adopted plan include access to pre-disaster and post disaster
mitigation grants. Participating in the Regional Hazard Mitigation Plan were cities, utilities, schools, fire agencies
and King County government. Seattle, Redmond, Renton, Kent and Covington perfonned independent mitigation
plan efforts. The plan includes a regional profile, hazard identification and vulnerability assessment, history of
events, costJbenefit, strategy, and project proposals.
Regional goals and strategies include protecting lives and property, supporting emergency responders, increasing
public awareness, preserving natural systems and resources, encouraging partnerships, and enhancing planning
activities. There has been public participation and comment through council meetings, public presentations and
through the King County website. The adoption will be forwarded to FEMA along with the other jurisdictions'
resolutions. Staff will continue to work on revisions and updates to the plan.
OPTIONS:
Positives
2.
Reject approval of this resolution.
. This will allow the City to
access future pre-disaster
and post disaster mitigation
grants in the future.
. Adopting the designated
sections of the plan shows
the City's cooperative and
regional approach to
disaster planning.
. None
.
Negatives
None
1. Approve the attached resolution adopting
the Inter-jurisdictional Regional Mitigation
Plan designated sections for the City of
Federal Way
.
None
. The City would risk
becoming ineligible for
future mitigation and pre-
disaster planning grants.
December 6, 2004
Land Use and Transportation Committee
Resolution Adopting the Inter-jurisdictional Regional Hazard Mitigalion Plan
Page 2 0£2
Staff Recommendation:
Approve the attached resolution to adopt the Inter-jurisdictional Regional Mitigation Plan.
Committee Recommendation:
Forward the staff recommendation to the December 21,2004 City Council Agenda.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AUTHORIZING
APPROVAL OF THE KING COUNTY INTER-
JURISDICTIONAL REGIONAL HAZARD MITIGATION
PLAN AS APPROVED BY FEMA AS REQUIRED UNDER
THE MITIGATION ACT OF 2004 44 CFR 201.
WHEREAS, King County and other jurisdictions within King County, including the City of
Federal Way, have expressed a cooperative interest in disaster mitigation planning efforts; and
WHEREAS, King County and the City of Federal Way support disaster mitigation efforts and
regional disaster planning; and
WHEREAS, 21 public agencies including King County have Annexes to the plan; and
WHEREAS, regular revisions and updates to the plan are required by FEMA; and
WHEREAS, a locally adopted plan reviewed and approved by FEMA is required under the
Mitigation Act of 2004 44 CFR 201;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, HEREBY
RESOLVES AS FOLLOWS:
Section 1 Agreements Authorized. The City Manager is hereby authorized to accept and approve
the City of Federal Way's designated sections and support documents, including future administrative
changes as they may occur, of the Inter-Jurisdictional Regional Hazard Mitigation Plan as approved by
FEMA.
Res. #
, Page I
r"'\ r', ~ ..' T
Section 2. Severability. If any section, sentence, clause or phrase ofthis resolutio4.sXQìf1èI ,¿'þ~d' .
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this
resolution.
Section 3. Ratification. Any act consistent with the authority and prior ~o the effective date ofthis
resolution is hereby ratified and affinned.
Section 4. Effective Date. This resolution shall be effective immediately upon passage by the
Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON
this
day of
,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:
RESOLlITION NO.:
Revised: 1/9/04 .
Res. #
, Page 2
RESOLUTION NO. 03-398
A RESoLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASIDNGTON, AUTHORIZING
PARTICIPATING IN THE REGIONAL HAZARD
MITIGA TlONPLAN OF KING COUNTY.
WHEREAS, the City of Federal Way is vulnerable to the human and economic costs of
natural, technological and societal disasters; and
WHEREAS, the City Council of the City of Federal Way recognizes the importance of
reducing or eliminating those vulnerabilities for the overall good and welfare of the community; and
WHEREAS, the City of Federal Way has been an active participant in the Regional Hazard
Mitigation Plan of King County Task Force, which has established a comprehensive, coordinated planning
process to eliminate or decrease these vulnerabilities; and
WHEREAS, the City of Federal Way's representatives and staff have identified, justified and
prioritized a number of proposed projects and programs needed to mitigate the vulnerabilities of the City of
Federal Way to the impacts of future disaster; and
WHEREAS, these proposed projects and programs have been incorporated into the initial
edition of the Regional Mitigation Plan that has been prepared and issued for consideration and
implementation by the communities of King County,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
Section 1. The City of Federal Way hereby agrees to review and, upon the City of Federal
Way's approval, accept its designated portion of the Regional Hazard Mitigation Plan, upon approval by
FEMA; and
Res. # 03-398
, Page 1
ORIGINAL
Section 2. The City of Federal Way shall consider available funding opportunities for
implementation of the proposals designated therein; and
Section 3. The City of Federal Way will, upon receipt of such funding or other necessary
resources, consider implementation of the proposals contained in its section of the strategy; and
Section 4. The City of Federal Way wíll continue to participat~ in the updaring and expansion
of the Regional Hazard Mitigation Plan; and
Section 5. The City of Federal Way will further seek to encourage the businesses, industries
and community groups operating within and/or for the benefit of the City of Federal Way to also participate in
the updating and expansion of the Regional Hazard Mitigation Plan.
Section 6. 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 7. Ratification. Any act consistent with the authority and prior to the effective date of
the resolution is hereby ratified and affinned.
Section 8. Effective Date, This resolution shall be effective immediately upon passage by the
Federal Way City Council.
RESOLVED BY mE CITY COUNCIL OF mE CITY OF FEDERAL WAY,
WASHINGTON, this
4th day of
November
,2003.
CITY OF FEDERAL WAY
~'~~
VOR, JEANNE BURBIDGE
v
Res. # 03-398
, Page 2
~~
E GREEN, CMC
APPROVED AS TO FORM:
~'IÍ. ¿;~/~¿~
PATRICIA A. RICHARDSON, CITY ATIORNEY
FILED WITH THE CITY CLERK: 10/27/03
PASSED BY THE CITY COUNCIL: 11/04/03
RESOLUTION NO. 03-398
l:'council\agdbillsl2003\resolution-rcgional hazard mitigation plan oflcjng county. doc
Res. #
03~398
, Page 3
FEDERAL WAY FIRE DEPARTMENT
KING COUNTY, WASHINGTON
RESOLUTION NO. 388
A RESOLUTION of the Board of Commissioners of
Federal Way Fire Department, King County, Washington,
WHEREAS, King County and other jurisdictions within King County have
expressed a cooperative interest in disaster mitigation planning efforts, and
. WHEREAS, King County supports disaster mitigation efforts and regional
disaster planning, and
WHEREAS, 21 public agencies including King County have Annexes to
the plan, and
WHEREAS, additional agencies are expected to join the plan as annexes,
and
WHEREAS, regular revisions and updates to the plan are required by
FEMA, and
WHEREAS, a locally adopted plan reviewed and approved by FEMA is
required under the Mitigation Act of 2000 44 CFR 201 and
NOW, THEREFORE, BE IT MOVED by the Board of Fire
Commissioners of the Federal Way Fire Department that the Fire
Chief! Administrator is hereby authorized to accept and approve its designated
sections of the Inter-Jurisdictional Regional Hazard Mitigation Plan as approved
by FEMA. .
ADOPTED by the Board of Fire Commissioners of Federal Way Fire
Department, King County, Washington, at a regular meeting this 16th day of September
2004. - V
~~
CHAIRMAN/CO MMISS lONER
áJ~~
COMMISSIONER
/Û~~
COMMISSIONER
~I~~
COMMISSIONER
~ :£
. . 0) Œ~ruY-'Q ~)
Secretary
Resolution #388
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
December 6, 2004
Land Use and Transportation Committee ~
David Mosel~anager \ì..
Marwan Salloum, P .E., Street Systems Manager :~_/'.
Pacific Highway South HOV Lanes Phase I (S St. to S 32ih St.) - Project Acceptance
POLICY QUESTION:
Should the Council accept the Pacific Highway South HOY Lanes Phase I (S 31ih St. to S 324th St.) constructed
by SCI Infrastructure, LLC as complete?
BACKGROUND:
Prior to release of retainage on a Public Works construction project, the City Council must accept the work as
complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The
above referenced contract with SCI Infrastructure, LLC is complete.
The final construction contract amount is $8,412,494.48. This is $17,231.31 below the $8,429,725.79 budget
(including contingency) that was approved by the City Council on June 3, 2002 and February 24,2003.
OPTIONS:
1. Authorize final acceptance of the completed Pacific Highway South HOY Lanes Phase I (S 312th St. to S
324th St.) Project, constructed by SCI Infrastructure, LLC, in the amount of $8,412,494.48 as complete.
2. Do not authorize final acceptance of the completed Pacific Highway South HOY Lanes Phase I (S 312111
St. to S 324th St.) Project, constructed by SCI Infrastructure, LLC as complete and provide direction to
staff.
STAFF RECOMMENDATION:
Staff recommends forwarding Option 1 to the December 21, 2004 City Council Consent Agenda for Approval:
1. Authorize final acceptance of the completed Pacific Highway South HOY Lanes Phase I (S 31ih St. to S
324th St.) Project, constructed by SCI Infrastructure, LLC, in the amount of $8,412,494.48 as complete.
COMMITTEE RECOMMENDATION:
Forward the above staff recommendation to the December 21,2004 City Council Consent Agenda.
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CITY OF FEDERAL WAY
MEMORANDUM
VIA:
FROM:
SUBJECT:
December 6, 2004
Land Use and Transportation Committee ~
David MoSe~anager ,"----' /'
Marwan Salloum, P.E., Street Systems Manager'
South 28Kh Street at SR-99 Signal and Intersect} Improvements, Project Acceptance
DATE:
TO:
POLICY QUESTION:
Should the Council accept South 2881h Street at SR-99 Signal and Intersection Improvements constructed by
Frank Coluccio Construction Co. as complete?
BACKGROUND:
Prior to release of retainage on any Public Works construction project, the City Council must accept the work as
complete to meet State Department of Revenue and Department of Labor and Industries requirements.
The above referenced contract with Frank Coluccio Construction Co is complete. The final construction contract
amount is $1,695,561.49, which is $67,563.17 below $1,763,124.66 budget (including contingency) approved by
Council on May 20,2003.
OPTIONS:
1. Authorize final acceptance of the completed South 288th Street at SR-99 Signal and Intersection
Improvements constructed by Frank Coluccio Construction Co, in the amount 0[$1,695,561.49 as
complete.
2. Do not authorize final acceptance of the South 288111 Street at SR-99 Signal and Intersection
Improvements constructed by Frank Coluccio Construction Co as complete and provide direction to staff.
STAFF RECOMMENDATION:
Staff recommends forwarding Option 1 to the December 21, 2004 City Council Consent Agenda for approval:
Authorize final acceptance of the completed South 288th Street at SR-99 Signal and Intersection
Improvements constructed by Frank Coluccio Construction Co, in the amount of$1,695,561.49 as complete.
COMMITTEE RECOMMENDATION:
Forward the above staff recommendation to the December 21, 2004 City Council Consent Agenda.
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CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
December 6, 2004
VIA:
FROM:
Land Use and Trans ortation Conunittee
David Mosele 1 Manager &
Marwan Salloum, P.E., Street Systems Manager y -j) .....---.--'-.
Accepting Grant Funding for Transportation 'J!:;;'/t Projects
SUBJECT:
POLICY QUESTION:
Should the Council accept the grant funding as identified below for transportation improvement projects?
BACKGROUND:
This memorandum provides the Council with the CUITent status of the grant applications submitted in' 2004,
grant funding received to date, and required match.
GRANT
FUNDING
REQUIRED
MATCH
Pacific Highway 8 ROV Phase III (8 2841h 8t to Dash Point Rd)
(Design and Right of Way and Construction Phase)
. 2005 Countywide TEAll (Federal)
. 2005 Regional TEA21 (Federal)
PROJECT TOTAL
$778,655
$3,360,270
$4,138,925
$105,118
$453,634
$558,642
SR 18 at SR 161 Intersection Improvements
(Design, Right of Way and Construction Phase)
. 2006 Transportation Partnership Program (State)
PROJECT TOTAL
$0.00
$0.00
No Grant Funding Awarded
S 320lh Street at Is' Avenue South Intersection Improvements
(Design, Right of Way and Construction Phase)
. 2006 Arterial Improvements Program (State)
PROJECT TOTAL
$0.00
$0.00
No Grant Funding Awarded
Pacific Highway South HOV Phase IV
(Design and Right of Way)
. 2006 Transportation Partnership Program (State)
PROJECT TOTAL
$0.00
$0.00
No Grant Funding Awarded
OPTIONS:
1. Accept the 2005 Countywide TEA21 (Federal) Grant in the amount of $778,655 for the Pacific Highway South
HOV Phase III Project. Accept the 2005 Regional TEA21 (Federal) Grant in the amount of $3,360,270 for the
Pacific Highway South HOV Phase III Project.
2. Reject one or both of the grant funds awarded.
December 6, 2004
Land Use and Transportation Committee
Accepting Grant Funding for Transportation Improvement Projects
Page 2 of 2
STAFF RECOMMENDATION:
Staff recommends forwarding Option 1 to the December 21, 2004 City Council Consent Agenda for Approval:
.
Accept the 2005 Countywide TEA21 (Federal) Grant in the amount of $778,655 for the Pacific
Highway South HOY Phase III Project.
Accept the 2005 Regional TEA2l (Federal) Grant in the amount of $3,360,270 for toe Pacific
Highway South HOY Phase III Project.
.
COMMITTEE RECOMMENDATION:
Forward the above staff recommendation to the December 21, 2004 City Council Consent Agenda.
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CITY OF FEDERAL WAY
MEMORANDUM
December 6, 2004
Land Use and Trans ortation Committee
David Mos anager t
Marwan Sallou , P.E., Street Systems Manag - .:/'""
2005 Asphalt Overlay Program Preliminary P «. t List and Authorization to Bid
DATE:
TO:
VIA:
FROM:
SUBJECT:
POLICY QUESTION:
Should the Council approve the 2005 Asphalt Overlay Program Preliminary Project List and authorize staff to
proceed with the design and bid of the proposed 2005 Asphalt Overlay Program?
BACKGROUND:
Public Works staff has developed a list of recommended streets for the 2005 Asphalt Overlay Program. The total
estimated budget for the program is $1,748,000 and is comprised of the following:
2005 Proposed Overlay Budget
2005 Structures Budget
2004 Carry Forward (estimate)
Mitigation (estimate)
TOTAL FUNDING AVAILABLE
$1,481,000
$119,000
$48,000
$100,000
$1,748,000
The $119,000 from the Structures budget is for the City's annual Sidewalk Replacement Program, and will cover
the costs associated with the replacement of substandard wheelchair ramps, and repairing existing curb, gutter,
and sidewalks within the overlay project area.
The following is a preliminary list of Streets to be included in the 2005 Asphalt Overlay Program. The streets
were selected using the City's Pavement Management System and were verified by field reconnaissance. The
costs shown are estimated and will be refined as the design of each schedule is completed. A project vicinity map
and more detailed area maps are attached for your infonnation.
SCHEDULE
A
B
C
D
E
F
G
DESCRIPTION
S 320th St (25th Ave to 1-5)
11th Ave S (S 320th St to S 3241h St)
S 344tl1 St (SR 99 to 9th Ave S)
Palisades
West Marc
19th Ave SW
Madrona Meadows
AMOUNT
$273,600
$219,180
$88,850
$226,150
$404,500
$103,700
$268,400
$1,584,380
$158,438
$30,000
$70,000
$71,881
$72,062
$3,500
$1,990,261
ESTIMA TED SUBTOTAL CONSTRUCTION PROJECT COSTS:
10% Construction Contingency
Pavement Management System
In-house Design
Construction Administration
City's Administrative Fee
Printing and Advertising
ESTIMATED TOTAL PROGRAM COST:
December 6, 2004
Land Use and Transportation Committee
2005 Asphal1 Overlay Program
Pa¡?,e 2 of2
The estimated cost of $1,990,261 is a preliminary figure used for estimating purposes only and includes
construction administration, ten percent construction contingency, in-house design and construction management,
printing and advertising. The 2005 Asphalt Overlay Project will be awarded within the available overlay program
budget.
Once Council approves the list of streets for the Overlay Program, staff will begin the final design.
anticipated date for advertising is March 2005, with construction beginning in May 2005.
The
OPTIONS:
1. Approve the list of streets for the 2005 Asphalt Overlay Project as presented. Furthermore, authorize staff
to bid all or part of the 2005 Asphalt Overlay Project, returning with a request for permission to award the
project within the available 2005 Asphalt Overlay Budget to the lowest responsive, responsible bidder.
2. Direct staff to modify the preliminary list and return to Committee for further action
3. Take no action and provide direction to staff.
STAFF RECOMMENDATION:
1. Approve the list of streets for the 2005 Asphalt Overlay Project.
2. Authorize staff to bid all or part of the 2005 Asphalt Overlay Project and return with a request for
permission to award the project within the available 2005 asphalt overlay budget to the lowest responsive,
responsible bidder.
COMMITTEE RECOMMENDATION:
Forward the above staff recommendation to the December 21,2004 City Council Consent Agenda.
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2005 Overlay Project
Vicinity Map
A - S 320th St & 25th Ave S
0 - Palisades
G - Madrona Meadows
B -11th PlaceS
E - West Marc
c - S 344th St
F - 19th Ave SW
Note: This map is intended for use as a graphical representation only.
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CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
December 6, 2004
Land Use and Transportation Committee
FROM:
SUBJECT:
David H. Mose , t Manager ~
Maryanne Zukow i, P .E. ~ f.?
Westway Street Lighting-lOO% Design Approval & Authorization to Bid
POLICY QUESTION:
Should Council approve the 100% design of the Westway Street Lighting Project and authorize staff to send the
project out to bid?
BACKGROUND:
The Westway Street Lighting project will install 22 new streetlights per the City of Federal Way standards within
the Westway Neighborhood. The Westway community has experienced a high rate of crime as compared to the
rest of the City of Federal Way.
A comprehensive plan implemented a "weed and seed" concept to address the identified problem. The planned
street lighting project is a portion of the "seed" stage and has immediate need. The criminal element "weeded"
out of the community commits to the improvement of the area in various ways such as the installation of
streetlights. A positive and productive relationship nurtured by the police and the law-abiding residents of the
community maintains the environment produces. This meets the King County Consolidated Plan goal to
"Establish and Maintain a Suitable Living Environment".
PROJECT SAVINGS AND CONTINGENCY:
Currently the project design is completed and hereby presented for your consideration and approval to bid.
PROJECT EXPENDITURES:
Project Design
Engineers' 2005 Construction Estimate
10% Construction Contingency
TOTAL PROJECT COSTS
$18,000
$131,100
$13,110
$162,210
AVAILABLE PROJECT FUNDING:
Community Development Block Grant - Construction
$142,000
$18,000
$2,210
$162,210
Unexpended CDBG Design Grant Balance
Recommended Transfer from 2004 New Street Lighting Fund
TOTAL A V AILABLE CONSTRUCTION FUNDING
Staff recomrnends a transfer from the City's 2004 New Street Lighting Fund to cover the difference between the
engineers' estimate and the available project funding. The actual transfer amount may vary based on bids
received, but is calculated at $2,210 based on the engineers' estimate.
December 6, 2004
Land Use and Transportation Committee
Westway Street Lighting Project
Page 2 of 2
OPTIONS:
1. Approve the 100% design phase for the Westway Street Lighting Project and authorize staff to send the
project out to bid, returning to Council for authorization to award the contract to the lowest responsive,
responsible bidder.
2. Reject the 100% design phase for the Westway Street Lighting Project and provide direction to staff. ~
STAFF RECOMMENDATION:
Staff requests that the Committee place the following project recommendations on the December 21, 2004 City
Council Consent Agenda:
1.
Approve the 100% design phase for the Westway Street Lighting Project.
2.
Authorize staff to send the project out to bid, returning to Council for authorization to award the
contract to the lowest responsive, responsible bidder.
COMMITTEE RECOMMENDATION:
Forward the above staff recommendation to the December 21, 2004 City Council Consent Agenda.
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