Council PKT 03-15-2005 Regular
A Federal Way
City Council Meeting
AGENDA
CO UN CILMEMBERS
Dean McColgan, Mayor
Jeanne Burbidge
Jack Dovey
Eric Faison
Jim Ferrell
Linda Kochmar
Mike Park
CITY MANAGER
David H. Moseley
Office of the City Clerk
March 15,2005
I.
II.
III.
a.
b.
c.
d.
e.
f.
g.
IV.
V.
AGENDA
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
March 15, 2005 - 7:00 p.m.
(wwwcityolfederalway.com)
* * * * *
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
PRESENTATIONS
Proclamation/Sister City Donghae Incorporation Anniversary on April I,
1980
Proclamation/Absolutely Incredible Kid Day on March 17, 2005
Arts Commission Introductions & Certificates of Appointment
Diversity Commission Introductions & Certificates of Appointment
Lodging Tax Advisory Committee Introductions & Certificates 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 jÓrward to the
podium and state your name jÓr 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 olthree members and brought befÓre
jÚIl Council jÓr approval; all items are enacted by one motion. Individual items may be removed by a
Councilmember jÓr separate discussion and subsequent motion.
a.
b.
Minutes/March 1, 2005 Regular Meeting
Vouchers
(over please...)
VI.
VII.
VIII.
IX.
c.
d.
December 2004 Quarterly Financial Report
Ming Court Preliminary Plat - Resolution
Campus Crest Preliminary Plat & Concomitant Agreement - Resolution
Colella Estates Final Plat - Resolution
City Center Access Study - Budget Update
North Lake Aquatic Weeds Management Grant Acceptance
Aquatic Weeds Management Request for Proposals
2005 Asphalt Overlay Project Bid Award
Olympic Pipeline Company Agreement to Share Information
Sewer Extension Bellacarino Woods - Final Acceptance
SW 356th Street Regional Pond Fencing Contract Award
e.
f.
g.
h.
1.
J.
k.
1.
m.
CITY COUNCIL BUSINESS
a.
Mayer Right of Way Lease Agreement
INTRODUCTION ORDINANCES
a.
Council Bill #362/2005 Carry Forward Budget Adjustment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 2005-06
BIENNIAL BUDGET (AMENDS ORDINANCE 04-469).
b.
Council Bill #363/0lympic Pipeline Franchise
AN ORDINANCE GRANTING OLYMPIC PIPE LINE COMPANY, AN INTERSTATE
PIPELINE CORPORATION INCORPORATED IN THE STATE OF DELAWARE, ITS
SUCCESSORS AND ASSIGNS THE NONEXCLUSIVE RIGHT, PRIVILEGE,
AUTHORITY AND FRANCHISE TO CONSTRUCT, OPERATE, MAINTAIN,
REMOVE, REPLACE, AND REPAIR EXISTING PIPELINE FACILITIES, TOGETHER
WITH EQUIPMENT AND APPURTENANCES THERETO, FOR THE
TRANSPORTATION OF PETROLEUM PRODUCTS WITHIN AND THROUGH
CERTAIN RIGHTS OF WAY, AND STREETS WITHIN THE CITY OF FEDERAL
WAY.
c.
Council Bill #364/Convert the Appointment Municipal Court Judge Position
to an Elected Position (tentative)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, TO AMEND THE FEDERAL WAY CITY CODE TO CONVERT THE
APPOINTED MUNICIPAL COURT JUDGE POSITION TO AN ELECTED POSITION
(AMENDING ORDINANCE NOS. 99-339, 01-397)
CITY COUNCIL REPORTS
CITY MANAGER REPORT
(please see next page ...)
X.
EXECUTIVE SESSION
a.
Potential Litigation/Pursuant to RCW 42.30.110(1 )(i)
XI.
ADJOURNMENT
** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA **
THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND
ON THE CITY'S WEBSITE UNDER "PUBLIC DOCUMENT LIBRARY"
~
I
MEETING DATE:
March 15, 2005
ITEM#1L CA)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
CITY COUNCIL MEETING MINUTES
CATEGORY:
BUDGET IMP ACT:
E CONSENT
D RESOLUTION
D CITY COUNCIL BUSINESS
D ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
A TT ACHMENTS: Draft minutes of the City Council regular meeting held on March 1,2005
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 March 1,2005
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 - 05/10/2001
Federal Way City Council Regular Meeting Minutes
Marcil /,2005 - Page / of 7
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
March 1,2005 - 7:00 p.m.
Draft Minutes
I.
CALL MEETING TO ORDER
Mayor Dean McColgan called the regular meeting of the Federal Way City Council to
order at 7:00p.m.
Councilmembers present: Mayor Dean McColgan, Deputy Mayor Linda Kochmar, and
Councilmembers Jeanne Burbidge, Jack Dovey, Jim Ferrell, Eric Faison and Mike Park.
Staff present: City Manager David Moseley, City Attorney Pat Richardson, and City Clerk
Chris Green.
II.
PLEDGE OF ALLEGIANCE
Mayor McColgan called upon H. David Kaplan to lead the flag salute.
III.
PRESENTATIONS
a.
Proclamation/Literacy Month
Mayor McColgan read aloud the proclamation.
b.
Proclamation/Red Cross Month
Mayor McColgan read aloud the proclamation. Mr. Daniel Suk from the American
Red Cross was unable to attend the meeting to accept the proclamation.
c.
Introduction of New Employees/City Manager
City Manager Moseley introduced Rose Briscoe as the new Court Clerk 2 in the
Municipal Court. She most recently worked for the Lakewood Municipal Court as
a Court Specialist.
Also introduced was Curt Steffen, Sr., who is the new Surface Water Managemel1t
Inspector. He was formerly a maintenance worker and volunteer firefighter/captain
for the City of Milton.
Both employees were unable to attend the meeting.
Federal Way City Council Regular Meeting Minutes
March 1,2005 - Page 2 of7
d.
Emerging Issues/City Manager
City Manager Moseley reported that there were no emerging issues at this time.
IV.
CITIZEN COMMENT
Ernest Commodore: Mr. Commodore stated that he opposes the gates and private cameras
that are being proposed by the homeowner's association at Campus Estates.
H. David Kaplan: Mr. Kaplan feels that not enough information is being communicated to
citizens in the City Council reports.
V.
CONSENT AGENDA
c.
Minutes/February 15,2005 Regular Meeting
Final Summary/January 29, 2005 Annual Retreat
Interlocal Agreement between City of Auburn & City of Federal
Way/Custody of Misdemeanor Inmates
Reallocation of 2005 CDBG Funds for AdultDay Health Services
Lakota Creek Restoration Improyement Project/Project Acceptance
USA Pacific Rim Sports Summit/Approval, Acceptance and Support of
Event - Resolution
a.
b.
d.
e.
f.
Councilmember Dovey pulled consent item (f) from the agenda.
MOTION BY DEPUTY MAYOR KOCHMAR TO APPROVE CONSENT AGENDA
ITEMS (a) through (e) AS PRESENTED; SECONDED BY COUNCILMEMBER
FERRELL. The motion passed as follows:
Burbidge
Dovey
Faison
Ferrell
yes
yes
yes
yes
Kochmar
McColgan
Park
yes
yes
yes
Consent Item CD/ USA Pacific Rim Sports Summit/Approval, Acceptance and Support of
Event
Concerns were raised by Councilmember Dovey regarding guarantees that police overtime
pay will be reimbursed to the city for providing security at the event. It was suggested that
a letter should be drafted to accompany the resolution that is to be sent to the organizing
committee.
City Manager Moseley called upon Chief Kirkpatrick to give a staff presentation. Chief
Kirkpatrick mentioned that law enforcement organizations in the Puget Sound area together
have brought up the same concerns as the Council to the organizing committee.
Federal Way City Council Regular Meeting Minutes
March I, 2005 - Page 3 of 7
MOTION BY COUNCILMEMBER BURBIDGE TO APPROVE THE
RESOLUTION; SECONDED BY DEPUTY MAYOR KOCHMAR. The motion
passed as follows:
Burbidge
Dovey
Faison
Ferrell
yes
no
yes
yes
Kochmar
McColgan
Park
yes
yes
yes
VI.
CITY COUNCIL BUSINESS
a.
Arts Commission Appointment - (unexpired term)
MOTION BY COUNCILMEMBER BURBIDGE TO APPROVE THE
APPOINTMENT OF MAGGIE ELLIS FROM AL TERNA TE TO VOTING
MEMBER OF THE ARTS COMMISSION TO FILL THE UNEXPIRED TERM OF
COMMISSIONER PEG ALTMAN THROUGH DECEMBER 31, 2007. MOTION
SECONDED BY COUNCILMEMBER FAISON. The motion passed as follows:
Burbidge
Dovey
Faison
Ferrell
yes
yes
yes
yes
Kochmar
McColgan
Park
yes
yes
yes
b.
Diversity Commission Appointments - (unexpired terms)
MOTION BY COUNCILMEMBER FAISON TO APPROVE THE APPOINTMENT
OF JACQUELINE PIEL TO A VOTING MEMBER OF THE DIVERSITY
COMMISSION TO FILL THE UNEXPIRED TERM OF KEITH SCHENKEL
THROUGH MAY 31, 2007; AND THE APPOINTMENT OF DAWN WILLIAMS AS
A VOTING MEMBER OF THE DIVERSITY COMMISSION, TO FILL THE
UNEXPIRED TERM OF COMMISSIONER TERESA CAMACHO THROUGH
MA Y 31, 2006. MOTION SECONDED BY DEPUTY MAYOR KOCHMAR. The
motion passed as follows: .
Burbidge
Dovey
Faison
Ferrell
yes
yes
yes
yes
Kochmar
McColgan
Park
yes
yes
yes
c.
Lodging Tax Advisory Committee Appointments
MOTION BY COUNCILMEMBER PARK TO APPROVE THE APPOINTMENTS
OF SCOTT BROWN AND MIKE DUNWIDDIE TO TWO-YEAR TERMS
EXPIRING OCTOBER 31, 2007; APPOINTMENTS OF RICHARD SERACKA
AND LENNY FREUND TO TWO-YEAR TERMS EXPIRING OCTOBER 31,2006;
AND THE APPOINTMENT OF JOANNE PIQUETTE TO A ONE-YEAR TERM
EXPIRING OCTOBER 31, 2005; ALL TO THE LODGING TAX ADVISORY
Federal Way City Council Regular Meeting Minutes
March 1, 2005 - Page 4 of 7
COMMITTEE. MOTION SECONDED BY DEPUTY MAYOR KOCHMAR. The
motion passed as follows:
Burbidge
Dovey
Faison
Ferrell
yes
yes
yes
yes
Kochmar
McColgan
Park
yes
yes
yes
d.
East Branch Lakota Creek Restoration/I 00% Design Approval and
Authorization to Bid - (postponedfrom February J 5, 2005 regular meeting)
Mayor McColgan called upon Surface Water Manager Paul Bucich to make a staff
presentation. Councilmember Ferrell called on Steve Zurilgen to state his opinion on the
issue. Mr. Zurilgen stated that his preference would be to use a 24-inch pipe because of
public safety concerns.
MOTION BY COUNCILMEMBER FAISON TO AUTHORIZE STAFF TO
ADVERTISE PROJECT FOR BID, WITH USE OF THE 24-INCH PIPE IN LIEU
OF THE ORGINALL Y DESIGNED I8-INCH PIPE. MOTION SECONDED BY
DEPUTY MAYOR KOCHMAR. The motion passed as follows:
Burbidge
Dovey
Faison
Ferrell
yes
no
yes
yes
Kochmar
McColgan
Park
yes
yes
no
e.
PSE Easement for Evidence Building
MOTION BY COUNCILMEMBER FAISON TO AUTHORIZE THE CITY
MANAGER TO GRANT AN EASEMENT TO PUGET SOUND ENERGY.
MOTION SECONDED BY COUNCILMEMBER BURBIDGE. The motion passed as
follows:
Burbidge
Dovey
Faison
Ferrell
yes
yes
yes
yes
Kochmar
McColgan
Park
yes
yes
yes
f.
Wi-Fi Proof of Concept Project Scope and Equipment Purchasing
Information Systems Manager Medhi Sadri was called upon to make a staff presentation.
Deputy Mayor Kochmar recused herself from the discussions, because a number of water
tanks owned by Lakehaven will be used for mounting the wireless antennas around the city.
MOTION BY COUNCILMEMBER DOVEY TO AMEND THE AGENDA IN
ORDER TO CHANGE THE WI-FI ITEM FROM INFORMATION ONLY TO AN
ACTION ITEM. MOTION SECONDED BY COUNCILMEMBER FERRELL. The
motion passed as follows:
Federal Way City Council Regular Meeting Minules
March 1,2005 - Page 5 of7
Burbidge
Dovey
Faison
Ferrell
yes
yes
yes
yes
Kochmar
McColgan
Park
recused
yes
yes
MOTION BY COUNCILMEMBER DOVEY TO APPROVE THE WI-FI PROOF
OF CONCEPT PROJECT SCOPE AND PURCHASING RESOLUTION. MOTION
SECONDED BY COUNCIL MEMBER FERRELL. The motion passed as follows:
Burbidge
Dovey
Faison
Ferrell
yes
yes
yes
yes
Kochmar
McColgan
Park
recused
yes
yes
VII.
CITY COUNCIL REPORTS
Councilmember Burbidge reported that the next Parks, Recreation, Human Services, and
Public Safety (PRHSPS) Council Committee meeting will be March 14th at 5 JOpm. Last
week she attended the monthly Joint Resolution Committee meeting. They discussed the
potential cuts in federal Community Development Block Grant (CDBG) funding and the
possibility of Federal Way becoming an "entitlement city" for CDBG funding. She spoke
with the Human Services Commission regarding this issue; the Commission will make a
recommendation to the Council in the near future. On March 2211d, she will be attending
the next monthly meeting of the South County Area Transportation Board (SCATBd) at
SeaTac Airport. SCA TBd will be discussing the future of Sound Transit in South King
County.
Councilmember Dovey reported that the next Land Use/Transportation Committee meeting
is March ih at 5:30pm. He suggested that in the future, the Council should examine its
policies in expending money in addition to the staff recommendation on projects. He
appreciated the very constructive citizen comments brought forth to the Council concerning
some of the more recent issues. Tomorrow (March 2nd) he, along with Councilmember
Ferrell and Mayor McColgan, will be attending the Economic Development Committee
meeting of the Federal Way Chamber of Commerce to discuss why businesses have come
to the City and why some have left.
Councilmember Faison reported that last Wednesday he attended a meeting of the Puget
Sound Regional Council (PSRC) Executive Board. PSRC is forming a task force to
examine membership in general. The City is also talking to Olympia about
creating/assigning a seat for Federal Way in the Legislature. Last Thursday, he and
Councilmember Burbidge, along with representatives from Pierce County and the City of
Tacoma, attended a meeting of the Dash Point Social Improvement Club regarding
annexation procedures. He encouraged citizens to attend the Public Forum on City Center
Retail Development tomorrow at 4:30pm, hosted by Leland Consulting Group. The next
Finance, Economic Development, and Regional Affairs Committee meeting will be March
8th at 5:30pm. Federal Way School Superintendent Tom Murphy will be at the meeting to
discuss a new bond proposal.
Federal Way City Council Regular Meeting Minutes
March 1,2005 - Page 6 of7
Councilmember Ferrell reported that he spoke to a group of retired federal employees at
Grace Church on Federal Way's future. On the PRHSPS Committee agenda on March 14th
is the conyersion of the municipal judge from an appointed position to an elected one. A
judge from the Kent Municipal Court will be on hand to discuss the issue. If approved, the
proposed ordinance would be placed on the agenda for the March 15 Council meeting.
Councilmember Park discussed the 15th anniversary of Federal Way's incorporation. The
next Lodging Tax Advisory Committee meeting is scheduled for March 4th at 8:00a.m.
The Han Woo-Ri Executive Committee will meet on March ih at 6:30p.m. Much progress
has been made regarding the fundraising efforts to put on this event.
Deputy Mayor Kochmar mentioned the 15th anniversary celebration and how far the City
has come as a result of the tremendous efforts by its citizens to volunteer their time and
energy to improve the quality of life in Federal Way. She, along with other
councilmembers and staff, will be traveling to Washington, DC next week to advocate
issues of concern to Federal Way.
Mayor McColgan recognized the efforts of our state legislators in advocating issues of
concern for Federal Way. He recently met with the Big City Mayor's Group, whose
purpose is to find and advocate common issues of concern to the twelve largest cities in
Washington State. They had a yery productive discussion with transportation leaders in
both houses of the Legislature. This Saturday, the Federal Way Sister City Baseball Team
will be working with Habitat for Humanity as part of their community service project. The
team (comprised of local high school students) will be traveling to Japan this June to
participate in a baseball tournament in Federal Way's sister city of Hachinohe. The Mayor
also appreciated the very constructiye discussions on some yery tough issues over the past
few Council meetings.
The Council thanked the Federal Way Historical Society for their help in organizing the
City's 15th anniversary celebration and complimented staff for the very informative
presentations on issues in recent months.
VIII.
CITY MANAGER REPORT
City Manager Moseley reported that he, along with Assistant City Manager Derek
Matheson and a number of councilmembers, will be traveling to Washington, DC next
week to attend the National League of Cities Conference. They will also meet with both
Senators Murray and Cantwell and Reps. Smith and Reichert. The City is seeking federal
funds for transportation projects, such as the "triangle project," 1-5 City Center Access
Study, and the S. 348th - SR 161 project. Funding for salmon habitat restoration projects
such as Joe's Creek is also being sought.
Reference checks are being done on the two finalists for the federal lobbyist contract.
Leland Consultant Group is in town to host the City Center Retail Study in Council
Chambers tomorrow, March 2nd. Mr. Moseley presented an advertising poster for the Han
Woo-Ri Festival scheduled in May. Last week, the City received a letter from the U.S.
Federal Way City Council Regular Meeting Minutes
March 1, 2005 - Page 7 of 7
Department of Transportation Federal Highway Administration commending the City for
its efforts on the City Center Access Study, especially in terms of public outreach.
The Council went into executive session at 9: 13p.m; with an expected duration of 47
minutes.
IX.
a.
b.
c.
X.
EXECUTIVE SESSION
To Consider Sale or Lease of Real Property/Pursuant to RCW
42.30.110(1)(c)
Potential Litigation/Pursuant to/Pursuant to RCW 42.30.11 O( I )(i)
Collective Bargaining/Pursuant to RCW 42.30. 140(4)(a)
ADJOURNMENT
There being nothing further to discuss, Mayor McColgan adjourned the regular meeting of
the Federal Way City Council at 10:00p.m.
N. Christine Green
City Clerk
MEETING DATE: February 22, 2005 ITEM# 'YCb)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: VOUCHERS
CATEGORY: BUDGET IMP ACT:
~ CONSENT D ORDINANCE Amount Budgeted: $2,415,046.64
D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $2,415,046.64
D CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $
..-..............................................-...................... ................-.....-.-...................................--.-........-...............-.-........-..............-............""""""""""""""""""""'-""'-""""""""""""-...............-...............-..............................-....................................-.......-.-........."........................................-......"""""""-"'-"""""..-.................
ATTACHMENTS: VOUCHER LIST
...................-................ ........................................................""-""""'-"""""""""""""""""-'"....................""""""-""""""""""""""""""""""""""""""""""""""...............--.....-...........-........................-.......
...............-........................................................-.......-..........-.................-.........
SUMMARY /BACKGROUND:
I, the undersigned, do hereby certify under pe alty of peIjury that the materials have been furnished, the services
rendered, or the labor as des' d herein and that the claims are just and due obligations against the City of
Fed ashington that thorized to authenticate and certify said claims.
........................... .....................-................. .............. ................---...-................ _...... -..........-.---... ........-..--............ ...............................-.... ........_.... ..--..-.-........-- -....--.....-.........-....-...... ................... ........................-...........-.-...... ----.......................-............ -.. .................-. ......... ....................-.......
CITY COUNCIL COMMITTEE RECOMMENDATION:
Approve attached vouchers pursuant to RCW 42.24
....."............................................................--.......-................"" .............-..................-...-.....................................................................................-....................................................-.................-.--........-.........................-...........-..........-..........................-....-..-.....-..........................-.....................--"""'"
PROPOSED MOTION: I move approval of Vouchers.
-;;;;~::;,~~~:..~..... --_..- -....-
(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:
February 17, 2005
To:
Finance, Economic Development & Regional Affairs Committee
Via:
David Moseley, City Manager
From:
Tho Kraus, Finance Manager
Subject:
Vouchers
Action Requested:
Accept the vouchers and forward to the February 22, 2005 Council meeting for approval.
ApPROVAL OF
ACTION:
../
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k:\fin\acctspay\checkrun\mfr cover.doc
JI
apChkLst
01/21/2005 2:19:35PM
;;200+
Page: 1
Final Check List
CITY OF FEDERAL WAY
Bank: key us bank
Check #
Date
183707 1/14/2005
Voucher:
183708 1/14/2005
Voucher:
183709 1/21/2005
Voucher:
183710 1/21/2005
Voucher:
183711 1/21/2005
Voucher:
183712 1/21/2005
Voucher:
L,
~
Vendor
Invoice
Inv Date Description Amount Paid Check Total
12/15/2004 AG02-125:MTH03-PUBLIC DEI 7,672.50 7,672.50
1/1/2005 AG02-125B: 1/05 -PUBLIC DEF 19,920.00 19,920.00
11/3/2004 MSGAC-I-NET HUB RELOCAT 70,356.30 70,356.30
12/31/2004 MSF-MTH04-CITY VISA CHAR 8,961.14 8,961.14
1/6/2005 (DEC04) CITY VISA CHARGE~ 966.72 966.72
1/7/2005 PS-(DEC04)CITY VISA CHARC 1,206.79 1,206.79
Sub total for us bank: 109,083.45
007050 LAW OFFICES OF HAL GEIERAG04-125 #36
183707
007050 LAW OFFICES OF HAL GEIERAG04-125 #37
183708
007317 COMCAST OF WASHINGTON 51938
183709
005208 COMMERCIAL CARD SOLUTICDEC 2004
183710
005253 U S BANCORP
183711
005254 U S BANCORP
183712
DEC 2004
DEC2004
Page: 1
apChkLst
01/21/2005 2:19:35PM
Final Check List
CITY OF FEDERAL WAY
Page: 2
109,083.45
6 checks in this report.
Grand Total All Checks:
C
-L.
Page: 2
apChkLst
01/21/2005 2:19:35PM
Final Check list
CITY OF FEDERAL WAY
Page: 3
Bank code: key
Check # Date
520662 12/16/2003
C
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Page: 3
apChkLst
01/24/2005 9:47:11AM
Final Check List
CITY OF FEDERAL WAY
Page: 1
Bank: key us bank
Check #
Vendor
Invoice
Date
183713 1/24/2005
Voucher:
183714 1/24/2005
Voucher:
007385 GMAC COMMERCIAL MORTG,982004776
183713
000375 WSBA-WA STATE BAR ASSO(16419
183714 19445
24436
25266
31681
34989
34067
L.
~
Inv Date Description Amount Paid Check Total
1/18/2005 (FEB05) MRTGT PYMT PARA< 48,429.50 48,429.50
1/21/2005 WSBA DUES 2005 PAR #1641 412.97
1/21/2005 WSBA DUES 2005 A KIRKPAT 396.00
1/21/2005 WSBA DUES 2005 KK#25436 392.30
1/21/2005 WSBA DUES 2005 AW #2526E 392.30
1/21/2005 WSBA DUES 2005 AMY JO #3' 321.99
1/21/2005 WSBA DUES 2005 - SNELL #3 202.15
1/21/2005 WSBA DUES 2005 SPRUTE #: 202.15 2,319.86
Sub total for us bank: 50,749.36
Page: 1
apChkLst
01/24/2005 9:47:11AM
Final Check List
CITY OF FEDERAL WAY
Page: 2
50,749.36
Grand Total All Checks:
2 checks in this report.
L
..J
Page: 2
apChkLst
01/24/2005 9:47:11AM
Final Check List.
CITY OF FEDERAL WAY
Page: 3
Void Checks
Bank code: key
Check # Date
520662 12/16/2003
L
C~
Page: 3
apChkLst
01/31/2005 11:10:46AM
Final Check List
CITY OF FEDERAL WAY
Page: 1
183715 1/28/2005 000302 KING COUNTY RECORDS,ELE02-59235
Voucher: 183715
183716 1/31/2005 004234 ABT TOWING OF FEDERAL W12968
Voucher: 183716
183717 1/31/2005 000664 ACAP CHILD & FAMILY SERVI14QTR2004
Voucher: 183717 4QTR2004
183718 1/31/2005 001856 ACTION SERVICES CORPORN9603
Voucher: 183718 49354
49062
49602
49267
49266
002899 ADOLFSON ASSOCIATES INC2004038-002
183719 2004006-004
007637 AKELA SECURITY SERVICE 1t-3483
183720
001110 AMAYA ELECTRIC
183721
Bank: key us bank
Check #
Date
:f) 183719 1/31/2005
Voucher:
183720 1/31/2005
Voucher:
183721 1/31/2005
Voucher:
183722 1/31/2005
Voucher:
183723 1/31/2005
Voucher:
183724 1/31/2005
Voucher:
183725 1/31/2005
Voucher:
183726 1/31/2005
Voucher:
183727 1/31/2005
Voucher:
Vendor
Invoice
Inv Date Description
1/26/2005 CD-KG RECORD FEE 04-1016
12/4/2004 RSK-04-03-091-372 PS#658 T(
1/6/2005 AG03-87:2004 SUBSDZD CHll
1/6/2005 AG03-90:4QTR04 APPLE PAR
12/31/2004 AGOO-6C:12/04 STREET SWPI
11/30/2004 AGOO-6C:11/04 STREET SWPI
10/31/2004 AGOO-6C:10/04 STREET SWPI
12/31/2004 AGOO-6C:12/04 STREET SWPI
10/31/2004 AGOO-6C:9/04 STREET SWPN
10/31/2004 AGOO-6C:9/04 STREET SWPN
1/25/2005 COMM CTR-11/04 PROF SVC:
1/13/2005 CDENPR:9/04 WINDSWEPT P
1/3/2005 AG03-206A:12/04-COURT SEe
1/5/2005 PKM-11/04 FAC ELECTRICAL
1/5/2005 PKM-12/04 FAC ELECTRICAL
1/5/2005 PKCP-10/04 FAC ELECTRICAl
1/2/2005 AG04-09:(12/04) DBC JNTRL ~
1/2/2005 AG04-09:(12/04)KFT JNTRL S'
1/2/2005 AG04-09:(12/04)PKM JNTRL S
1/6/2005 PKM-HAZARDOUS TREES RE
12/30/2004 PKM-HAZARDOUS TREES RE
12/31/2004 PS-(12/04) STORAGE FEE
11/30/2004 PS-(11/04) STORAGE FEE
12/31/2004 MC-(12/04) STORAGE FEE
12/23/2004 MS-GIS/BLACK INK VALUE P,l
12/31/2004 LAW-12/04 MEMBERSHIP FEE
1/24/2005 AG04-33:12/04 COM CTR DES
Amount Paid
91.00
124.00
2,500.00
1,250.00
10,094.00
6,049.40
3,024.70
3,024.70
315.00
270.00
5,907.80
373.71
3,905.00
6,197.85
3,191.82
2,409.32
2,315.00
840.00
350.00
2,475.20
745.28
322.27
270.03
201.26
1,800.12
25.00
154,374.51
Check Total
91.00
124.00
3,750.00
22,777.80
6,281.51
3,905.00
11,798.99
3,505.00
3,220.48
793.56
1,800.12
25.00
154,374.51
7079-19
7079-20
7079-18
003645 AMERICAN JANITORIAL SVCS3735
183722 3736
3737
002534 ARBORSCAN INC 5516
183723 5502
007158 ARCHIVES NORTHWEST LLC 0048
183724 0048
0040
007865 ART UNICA DIGITAL MEDIA Ll6866
183725
000575 ATTORNEYS' INFORMATION £67535
183726
007479 BARKER RINKER SEACAT 5427
183727
Page: 1
apChklst
01/31/2005 11:10:46AM
Final Check list
CITY OF FEDERAL WAY
Page: 2
Bank: key us bank
(Continued)
Check #
Vendor
Invoice
Date
183728 1/31/2005 002945 BEVERLY'S HAPPY KEYBOAR 12/12/04
Voucher: 183728
183729 1/31/2005 008385 BIG BROTHERS BIG SISTERS4QTR2004
Voucher: 183729
183730 1/31/2005 002645 BIRTH TO THREE DEVELOPM4QTR2004
Voucher: 183730
183731 1/31/2005 008621 BLAIR, LINDA
Voucher: 183731
183732 1/31/2005 001630 BLUMENTHAL UNIFORM CO 11403630-01
Voucher: 183732 403680
407896
393698-01
393698
409097
cr 183733 1/31/2005 000007 BOISE OFFICE SOLUTIONS 671148
Voucher: 183733 720712
720161
886895
887584
586964
590420
882498
837885
780131
721462
591472
665512
TASK B
BLAIR,LlNDA
r
---
-
183734 1/31/2005 008320 BRUCE MYERS
Voucher: 183734
183735 1/31/2005 000414 CAFE PACIFIC CATERING INC9124
Voucher: 183735
183736 1/31/2005 001003 CATHOLIC COMMUNITY SER\4QTR2004
Voucher: 183736 4QTR2004
4QTR2004
4QTR2004
Inv Date Description
12/12/2004 PKKFT-PIANO TUNING:HOLIC
1/4/2005
AG04-156:FW MENTORING PI
Amount Paid
95.00
5,560.00
5,250.00
77.34
352.35
207.32
99.77
92.43
51.07
13.03
887.92
184.63
158.02
124.53
56.22
51.06
33.86
27.95
24.81
11.20
9.14
6.63
3.86
10,000.00
468.00
1,999.00
1,250.00
750.00
436.45
Check Total
95.00
5,560.00
5,250.00
77.34
815.97
1,579.83
10,000.00
468.00
4,435.45
1/7/2005
AG03-82:4QTR04 FAMILY SVC
1/10/2005 UTILITY TAX REBATE PROGF
12/30/2004 PS-UNIFORMS & ACCES.
12/30/2004 PS-UNIFORMS & ACCES.
12/30/2004 PS-UNIFORMS & ACCES.
10/29/2004 PS-UNIFORM CLOTHING
10/15/2004 PS-UNIFORM CLOTHING
12/30/2004 PS-UNIFORMS & ACCES.
12/31/2004 DEC2004-BOISE OFFICE MN<
12/31/2004 DEC2004-BOISE OFFICE MN<
12/31/2004 DEC2004-BOISE OFFICE MN<
12/31/2004 DEC2004-BOISE OFFICE MN<
12/31/2004 DEC2004-BOISE OFFICE MN<
12/31/2004 DEC2004-BOISE OFFICE MN<
12/31/2004 DEC2004-BOISE OFFICE MN<
12/31/2004 DEC2004-BOISE OFFICE MN<
12/31/2004 DEC2004-BOISE OFFICE MN<
12/31/2004 DEC2004-BOISE OFFICE MN<
12/31/2004 DEC2004-BOISE OFFICE MN<
12/31/2004 DEC2004-BOISE OFFICE MN<
12/31/2004 DEC2004-BOISE OFFICE MN<
1/1/2005 AG04-153:COMM CTR-2% PUI
11/1/2004 PKDBC-CATERING SVCS DAl
12/31/2004 AG03-94A:4QTR04 EMERGEN
1/13/2005 AG04-178:4QTR04 CATHOLIC
1/5/2005 AG03-95A:4QTR2004 VOL CH
12/10/2004 AG03-096A:4QTR04 AFTER-H
Page: 2
apChkLst
01/31/2005 11:10:46AM
Final Check List
CITY OF FEDERAL WAY
Page: 3
Bank: key us bank
(Continued)
Check #
Date
Vendor
Invoice
183737 1/31/2005 004676 CENTERSTAGE THEATRE ARDEC2004
Voucher: 183737 JUL Y2004
FEB2004
183738 1/31/2005 001481 CH2M HILL NORTHWEST INC 3494133
Voucher: 183738
183739 1/31/2005 700127 CHILDRENS HOME SOCIETY <4QTR2004
Voucher: 183739
183740 1/31/2005 005657 CHOICEPOINT BUSINESS AN[ABOO011 02877
Voucher: 183740
183741 1/31/2005 008015 CHURCHILL, SIGRID M
Voucher: 183741
183742 1/31/2005 007443 CITIES INSURANCE ASSO OF 4238
f' Voucher: 183742 4115
-- 183743 1/31/2005 004838 CITY OF ENUMCLAW DEC2004
Voucher: 183743
183744 1/31/2005 000951 CITY OF FEDERAL WAY
Voucher: 183744
183745 1/31/2005 005817 CITY OF FIFE
Vouche~ 183745
CHURCHILL
AG04-108 #6
0001410
0001409
48960834-511
001969 CODE PUBLISHING COMPAN~23500
183746
001127 COMMUNITY HEALTH CENTEl4QTR2004
183747 4QTR2004
002863 COMPLETE COLLISION CENT 5005
183748
004395 CONSOLIDATED ELECTRICAl0220-440518
183749 0220-436613
0220-441722
183750 1/31/2005 000721 CORLISS RESOURCES INC 39933
Voucher: 183750 40369
183751 1/31/2005 000063 CORPORATE EXPRESS OFFI<DEC2004
Voucher: 183751
183752 1/31/2005 007885 CORTINAS, SYLVIA ANN
Voucher: 183752
183746 1/31/2005
Voucher:
183747 1/31/2005
Voucher:
183748 1/31/2005
Voucher:
183749 1/31/2005
Voucher:
Inv Date Description
12/29/2004 AG04-89:12/04 ARTS PRG-TH
12/31/2004 AG04-89:7/04 ARTS PRG-THE
12/31/2004 AG04-89:FEB04-ARTS PRG-TI
1/7/2005 AG04-67:12/04 WEST HYLEBC
1/10/2005 AG03-104:4QTR04 STRENGHI
12/31/2004 PS-(12/04) AUTO TRACKXP S'
1/12/2005 UTILITY TAX REBATE PROGF
10/4/2004 RSK-03-01-091-345 DEDUCTII
4/6/2004 RSK-03-02-210-342 DEDUCTII
1/6/2005 PS-DEC04 JAIL SVCS
1/20/2005 AG04-108:RET HELD-WAGNE
1/7/2005 PS-(12/04) JAIL SVCS AG01-7:
1/7/2005 PS-(11/04) JAIL SVCS AG01-7:
12/13/2004 PS-(MTH04) JAIL SVCS AG01.
1/10/2005 MSC-CODIFICATION SVCS
1/7/2005 AG03-188AAQTR04 PRIMAR'f
1/5/2005 AG04-151 AQTR04 CDBG DE~
9/23/2004 RSK-04-03-091-375 PS#657 SI
11/30/2004 PKM-LIGHTING SUPPLIES
9/7/2004 NCHB-LIGHTING SUPPLIES
12/28/2004 PKRCS-LiGHTING SUPPLIES
12/15/2004 NCHB-PARKING LOT CONCR
12/20/2004 NCHB-PARKING LOT CONCR
12/31/2004 DEC2004 CORPORATE EXPR
CORTINAS,SYL' 1/10/2005 UTILITY TAX REBATE PROGF
Amount Paid
1,800.00
1,600.00
1,200.00
11,355.32
1,250.00
15.00
80.49
5,000.00
3,697.70
1,450.00
485.21
26,252.72
22,443.00
613.00
5,429.12
8,975.00
3,584.50
1,347.60
863.20
205.63
9.67
531.27
442.07
5,094.73
44.99
Check Total
4,600.00
11,355.32
1,250.00
15.00
80.49
8,697.70
1,450.00
485.21
49,308.72
5,429.12
12,559.50
1,347.60
1,078.50
973.34
5,094.73
44.99
Page: 3
apChkLst
01/31/2005 11:10:46AM
Final Check List
CITY OF FEDERAL WAY
Page: 4
Bank: key us bank
(Continued)
Check #
Invoice
Date
Vendor
4QTR2004
L
-
~
183753 1/31/2005 000555 CRISIS CLINIC
Voucher: 183753
183754 1/31/2005 701985 DAWN
Voucher: 183754
183755 1/31/2005 005601 DMCMA
Voucher: 183755
183756 1/31/2005 001432 DON SMALL & SONS OIL DIST12412
Voucher: 183756
183757 1/31/2005 008027 DOWNTOWN HARLEY INC 91600042
Voucher: 183757 91601267
183758 1/31/2005 000939 OS WATERS OF AMERICA, LP0984205-15
Voucher 183758 1050336-15
0985082-15
0984203-15
0985079-15
0984204-15
094208-15
183759 1/31/2005 001307 DYNAMIC LANGUAGE CENTEI176956
Voucher: 183759
183760 1/31/2005 001879 EARTH TECH INC
Voucher: 183760
183761 1/31/2005 008141 EAST JORDAN IRON WORKS 2620029
Voucher: 183761 2620028
183762 1/31/2005 003948 EDGEWOOD FIREPLACE SHC687680
Voucher: 183762
183763 1/31/2005 004842 ELDERHEAL TH NORTHWEST 4QTR2004
Voucher: 183763
183764 1/31/2005 008620 ELLIS, JASON
Voucher 183764
183765 1/31/2005 004344 EMERGENCY FEEDING PROG4QTR2004
Voucher: 183765 4QTR2004
3QTR2004
183766 1/31/2005 002644 FEDERAL WAY BOYS & GIRL~4QTR2004
Voucher: 183766
4QTR2004
2002-2004
53644-334086
PO035551
Inv Date Description
Amount Paid
750.00
4,250.00
8,487.13
298.54
372.36
16.27
252.20
62.40
44.86
28.80
19.26
13.06
12.86
51.95
19,866.80
349.25
-195.84
113.13
1,918.00
97.82
5,850.00
1,441.00
1,441.00
2,500.00
Check Total
750.00
4,250.00
8,487.13
298.54
388.63
433.44
51.95
19,866.80
153.41
113.13
1,918.00
97.82
8,732.00
2,500.00
1/7/2005
AG03-76A:4QTR04 TEEN LlN~
1/4/2005
AG03-81 :4QTR04 CNF DV & S
12/31/2004 MC-2002-2004 PROBATION C
12/27/2004 PKM-STL LK ANNEX FUEL -
12/1/2004 PS-OIL SERVICES MOTORCY
12/20/2004 PS-HDP LATCH KIT MOTORC
12/31/2004 PKDBC-WTR/CL RNTL ACCT~
1/5/2005 KJP-WTR CLR RNTL ACCT#4:
12/31/2004 PKM-WTR/CLR RNTL ACCT#I-
12/31/2004 PKKFT-WTR/CL RNTL ACCT#
12/31/2004 PKRCS-WTR/CL RNTL ACCT
12/30/2004 PKCP-WTR/CLR RNTL ACCT~
12/31/2004 MC-WTR/CLR RNTL ACCT#4:
1/5/2005 MC-INTERPRETER SERVICE~
1/12/2005 AG02-20C:12/04 SURVEYING
12/31/2004 SWM-DUCTfLE IRON BI-DIRE'
12/31/2004 SWM-RING RETURN ITEMS
12/21/2004 PWS-EQUIPMENT REPAIRS
1/19/2005 AG04-150:4QTR04 CDBG ELD
12/27/2004 PS-THIGH TASER RIG
1/13/2005 AG03-89:4QTR04 EMERGENC
1/24/2005 AG04-129:4QTR04 EMERGEN
10/15/2004 AG04-129:3QTR04 EMERGEN
12/6/2004 AGO3-120:4QTR04 OPERATIN
Page: 4
apChkLst Final Check list Page: 5
01/31/2005 11 :10:46AM CITY OF FEDERAL WAY
Bank: key us bank (Continued)
Check # Date Vendor Invoice Inv Date DescriDtion Amount Paid Check Total
183767 1/31/2005 002571 FEDERAL WAY CHORALE DEC2004 1/8/2005 AG04-88:12/04 FW CHORALE. 1,100.00 1,100.00
Voucher: 183767
183768 1/31/2005 000652 FEDERAL WAY COMMUNITY 4QTR2004 1/15/2005 AG03-111 :4QTR04 EMERGEN 3,750.00 3,750.00
Voucher: 183768
183769 1/31/2005 004817 FEDERAL WAY COMMUNITY/f4QTR2004 1/10/2005 AG03-110:2003 FUSION 500.00 500.00
Voucher: 183769
183770 1/31/2005 000285 FEDERAL WAY FIRE DEPARTI4QTR2004 1/28/2005 CDB-4QTR2004 REMIT PERM 15,224.22 15,224.22
Voucher: 183770
183771 1/31/2005 004270 FEDERAL WAY MIRROR MIRROR 1/27/2005 MSHR--12/11/04 JOB ADV 159.30 159.30
Voucher: 183771
183772 1/31/2005 007547 FEDERAL WAY SENIOR CENT4QTR2004 1/3/2005 AG03-126:4QTR04 NUTRITIOI 3,125.00
Voucher: 183772 4QTR2004 1/3/2005 AG04-131:4QTR04 SENIOR C. 2,995.00 6,120.00
L 183773 1/31/2005 001686 FIRST CHOICE BUSINESS MAO0120543 12/30/2004 MSMD-COPIER RPR,MNT,SUI 45.10 45.10
- Voucher: 183773
W 183774 1/31/2005 001669 FOSTER PEPPER & SHEFELM793293 1/25/2005 AG02-95C:12/04 LEGAL SVCS 813.00
Voucher: 183774 794097 1/20/2005 AG02-95C:12/04 LGL SVCS-Lf 149.70 962.70
183775 1/31/2005 004578 GENE'S TOWING INC 271047 11/21/2004 RSK-04-03-091-367 PS#643 T( 147.97 147.97
Voucher: 183775
183776 1/31/2005 001478 GEOLINE POSITIONING SYST175704 12/29/2004 PS-TRIPOD, EXT FIBERGLAS 285.03 285.03
Voucher: 183776
183777 1/31/2005 003390 GORDON, STAN ANNUAL BOOT 12/4/2004 PS-ANNUAL BOOT ALLOWAN 100.00 100.00
Voucher: 183777
183778 1/31/2005 002574 GRAHAM & DUNN, P.C. 226345 1/14/2005 AG04-181:12/04 PSA LGL SVC 273.56 273.56
Voucher: 183778
183779 1/31/2005 001367 HDR ENGINEERING INC M-89623 1/17/2005 AG04-96:12/04 S 356 WIDENlt 2,769.84 2,769.84
Voucher: 183779
183780 1/31/2005 002477 HOME DEPOT-DEPT 32-250079202018 12/28/2004 DEC2004 HOME DEPOT SUPf 594.93
Voucher: 183780 8560755 12/9/2004 DEC2004 HOME DEPOT SUPf 42.11
1586697 12/16/2004 DEC2004 HOME DEPOT SUP! 41.46
9202017 12/28/2004 DEC2004 HOME DEPOT SUPf 26.39 704.89
183781 1/31/2005 007812 HUCKELLWEINMAN ASSOC I~NOV2004 12/14/2004 AG03-207:11/04 CONSOLIDAl 2,749.70
Voucher: 183781 DEC2004 12/31/2004 AG03-207:CONSOLIDATED H( 276.25 3,025.95
183782 1/31/2005 005757 INSTITUTE FOR FAMILY DVLF4QTR2004 1/6/2005 AG03-79A:4QTR04 PACT PRC 5,750.00
Voucher: 183782 4QTR2004 1/24/2005 AG04-130:4QTR04 INSTITUTE 2,382.00 8,132.00
Page: 5
apChkLst
01/31/2005 11:10:46AM
Final Check List
CITY OF FEDERAL WAY
Page: 6
Bank: key us bank
(Continued)
Invoice
Check # Date Vendor
183783 1/31/2005 001129 J & K FOUNDATIONS INC
Voucher: 183783
183784 1/31/2005 004096 JOHNSON CHRISTIE ANDREV8665
Voucher: 183784
183785 1/31/2005 007157 JONES & STOKES ASSOCIATI0022586
Voucher: 183785 0022165
183786 1/31/2005 005934 K P TRANSLATION SERVICES6/29/04
Voucher: 183786 12/4/04
12/14/04
12/7/04
12/15/04
12/27/04
12/31/04
12/29/04
000125 KING COUNTY FINANCE DIVI~1340866
183787 1323480
1322485
1340868
1340867
1340916
183788 1/31/2005 005568 KING COUNTY FLEET ADM 01'202689
Vouche~ 183788 202688
202690
183789 1/31/2005 005773 KOREAN WOMEN'S ASSOCIA4QTR2004
Voucher: 183789
44
L
-L. 183787 1/31/2005
Voucher:
Inv Date DescriDtion
Amount Paid
11,995.20
75.00
14,964.36
8,029.11
161.25
161.25
161.25
161.25
116.25
116.25
116.25
90.00
15,153.78
10,999.24
7,587.50
2,814.55
1,596.59
600.00
1,083.16
152.18
151.84
1,750.00
Check Total
11,995.20
75.00
22,993.47
1,083.75
38,751.66
1,387.18
1,750.00
1/5/2005
AG04-169:12/04 MISC CONCR
1/18/2005 AG04-05: 12/04-PSA LEGAL S\
12/1/2004 AG03-190:11/04 CITY CTR PLJ
11/8/2004 AG03-190:10/04 CITY CTR PLJ
6/29/2004 MC-INTERPRETER SVC
12/7/2004 MC-INTERPRETER SVC
12/14/2004 MC-INTERPRETER SVC
1/5/2005 MC-TRANSLATION SERVICE~
12/15/2004 MC-INTERPRETER SVC
12/27/2004 MC-INTERPRETER SVC
12/31/2004 MC-INTERPRETER SVC
12/29/2004 MC-TRANSLATION SERVICE~
1/19/2005 PWTR-12/04 BSC SIGN/MRKt\
12/21/2004 PS-{11/04} KING CO JAIL
12/16/2004 PWT-(11/04) DISC INVSTGTN
1/19/2005 PWT-12/04 DISC INVSTGTN ì
1/19/2005 PWT-12/04 DISC INVSTGTN ì
1/11/2005 AG02-069:DE-ICER CTR SEMI
1/7/2005 SWR-12/04 MATERIALS/SUPI
1/7/2005 PKM-(12/04)MATERIALS/SUPf
1/7/2005 SWM-(12/04) MATERIALS/SUF
1/6/2005 AG03-88:4QTR04 WE ARE FA
Page: 6
apChkLst Final Check List Page: 7
01/31/2005 11:10:46AM CITY OF FEDERAL WAY
Bank: key us bank (Continued)
Check # Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total
183790 1/31/2005 000096 LAKEHAVEN UTILITY DISTRIC1768602 1/11/2005 PKDBC-SEWER SVCS - 673.30
Voucher: 183790 2913103 1/11/2005 CHB- WTR/SWR SVCS 505.17
1639103 1/11/2005 PKM-UTILITY CHARGES 426.58
3075201 1/11/2005 PKM-UTILITY CHARGES 137.52
3075401 1/11/2005 PKM-UTILITY CHARGES 133.64
2926402 1/11/2005 PKM-UTILITY CHARGES 125.01
2926501 1/11/2005 PKM-UTILITY CHARGES 104.22
3075301 1/11/2005 PKM-UTILITY CHARGES 98.28
3238401 1/11/2005 PWST-UTILITY CHARGES 59.33
2922203 1/11/2005 CHB-WTR/SWR SVCS 19.78
99902 1/11/2005 PKM-UTILITY CHARGES 15.68
101103 1/11/2005 PKM-UTILITY CHARGES 14.48
L. 2573402 1/11/2005 PWST-UTILITY CHARGES 14.48
- 2961401 1/11/2005 PWST-UTILITY CHARGES 14.48
V'\ 3336201 1/11/2005 PWST-UTILITY CHARGES 14.48
3336301 1/11/2005 PWST-UTfLiTY CHARGES 14.48
2922503 1/11/2005 PKM-UTILITY CHARGES 14.48
2957001 1/11/2005 PKM-UTILITY CHARGES 14.48
3050801 1/11/2005 PKM-UTILITY CHARGES 14.48
3266301 1/11/2005 PKM-UTILITY CHARGES 14.48
2798301 1/14/2005 PKM-UTILITY CHARGES 14.48
2830801 1/14/2005 PKM-UTILITY CHARGES 14.48
3042401 1/20/2005 PWS- WATER SVCS- 14.48
2781401 1/20/2005 PKM-FAC WATER/SEWER S\I 14.48 2,486.75
183791 1/31/2005 007545 LANE POWELL PC 3311229 1/18/2005 AG03-142:12/04 PSA CONTRL 550.00 550.00
Voucher: 183791
183792 1/31/2005 007050 LAW OFFICES OF HAL GEIERAG04-125 #38 12/31/2004 AG02-125A:12/04-PUBLIC DEF 1,683.00 1,683.00
Voucher: 183792
183793 1/31/2005 001500 MACLEOD RECKORD ARCHIT3635 1/5/2005 AG04-35:12/04 SACAJAWEA F 6,274.50
Voucher: 183793 3636 1/5/2005 AG04-36:12/04 LAKOTA PARK 6,143.26 12,417.76
183794 1/31/2005 007736 MATTSON, RICHARD OJ DANCE 12/12/2004 PRCS-12/12/04 OJ INC DANCE 100.00 100.00
Voucher: 183794
183795 1/31/2005 008616 MGM - MIKE GIBSON 7869 11/18/2004 PS-BC C-SONE TARGET W/PI 215.00 215.00
Voucher: 183795
Page: 7
apChkLst Final Check List Page: 8
01/31/2005 11 :10:46AM CITY OF FEDERAL WAY
Bank: key us bank (Continued)
Check # Date Vendor Invoice Inv Date DescriDtion Amount Paid Check Total
183796 1/31/2005 003352 MOTOROLA INC 41066201 1/12/2005 PWAD-EOC SUPPLIES HOME 3,749.71 3,749.71
Voucher: 183796
183797 1/31/2005 000228 MULTI-SERVICE CENTER 4QTR2004 1/4/2005 AG03-92A:4QTR04 FOOD & C 35,272.16
Voucher: 183797 4QTR2004 1/4/2005 AG04-182:4QTR04-CDBG BIG 25,363.97
4QTR2004 1/7/2005 AG03-93:4QTR04 EMERGITRt 9,800.00
4QTR2004 1/4/2005 AG03-91 :4QTR2004 LlTERAC' 3,000.00 73,436.13
183798 1/31/2005 008415 MUL TICARE HEALTH SYSTErlJ4QTR2004 12/5/2004 AG04-161 :4QTR04 CDBG ADL 1,918.00 1,918.00
Voucher: 183798
183799 1/31/2005 000043 NEW LUMBER & HARDWARE 177862 11/4/2004 PKM-GRD REPAIR SUPPLIES 16.45
Voucher: 183799 178482 11/18/2004 PKM-GRD REPAIR SUPPLIES 7.34 23.79
183800 1/31/2005 000877 NIEMEN GLASS COMPANY NIEMAN GLASS 1/28/2005 NEW CH-RET REL AG04-118 I 2,763.95 2,763.95
Voucher: 183800
183801 1/31/2005 008570 NORTHWEST DOOR INC 0294060 12/30/2004 PKM-DOOR & REPAIR 1,025.71 1,025.71
Voucher: 183801
r 183802 1/31/2005 003736 NORTHWEST TOWING INC 9662 12/9/2004 PS-TOWING SERVICES 1,910.53
"--.
- Voucher: 183802 9657 12/17/2004 PS-TOWING SERVICES 437.38
~. 9628 12/15/2004 PS-TOWING SERVICES 306.27
9432 9/24/2004 RSK-04-03-091-354 PS#811 T( 221.95
9587 11/16/2004 RSK-04-03-091-354 PS#811 T( 190.40
9607 11/26/2004 PS-TOWING SERVICES 106.08 3,172.61
183803 1/31/2005 000891 OFFICE DEPOT CREDIT PLAN268892010-001 12/15/2004 MC-OFFICE SUPPLIES 901.88 901.88
Voucher: 183803
183804 1/31/2005 000046 OREGONIAN PUBLISHING COI01101496-1212: 12/12/2004 MSHR-AD:GEN EMPLMT:POL 420.15 420.15
Voucher: 183804
183805 1/31/2005 000315 PACIFIC NORTHWEST TITLE 1412476 12/16/2004 PWSCIP-TITLE REPORTS 152.98 152.98
Voucher: 183805
183806 1/31/2005 008222 PERTEET ENGINEERING INC 24006-005 1/7/2005 PWEXPR:12/04 SAGHALIE FIF 2,485.00
Voucher: 183806 24006-005 1/7/2005 PWEXP: 12/04 COMM CTR RE 350.00 2,835.00
183807 1/31/2005 001189 PETTY CASH - CM OFFICE CM 12/16/04 12/16/2004 HS-PARKING REIMBURSEME 332.61
Voucher: 183807 CM 1/24/05 1/24/2005 CDS-05 CALENDAR G FEWIN 152.03 484.64
183808 1/31/2005 002822 PETTY CASH-DUMAS BAY CEDBC 1/19/05 1/19/2005 PKDBC-WEED PREVENTER 111.81 111.81
Voucher: 183808
183809 1/31/2005 001411 POSTALEXPRESSINC BM2412004 12/31/2004 CITY MAIL PROCESSING/COt 7,072.42 7,072.42
Voucher: 183809
Page: 8
apChkLst Final Check List Page: 9
01/31/2005 11 :10:46AM CITY OF FEDERAL WAY
Bank: key us bank (Continued)
Check # Date Vendor Invoice Inv Date DescriDtion Amount Paid Check Total
183810 1/31/2005 007511 PREGNANCY AID OF S. KING 4QTR2004 12/28/2004 AG03-100AQTR2004 PREGNJ 375.00 375.00
Voucher: 183810
183811 1/31/2005 000049 PRESTON GATES & ELLIS LLF643294 1/11/2005 PW-PROPERTY ACCQ ADVIC 3,875.00
Voucher: 183811 644466-A 1/21/2005 AG02-137B:CLASS ACTION L\ 705.50
644466 1/21/2005 AGOO-107D:12/04 SGN CODE- 198.00 4,778.50
183812 1/31/2005 000051 PUGET SOUND ENERGY INC 131-066-1002 1/3/2005 PWTR-ELECTRICITY CHARGI 11,883.60
Voucher: 183812 376-488-6325 1/18/2005 PS-ELECTRICITY CHRS 1,680.14
536-673-1007 1/3/2005 PWTR-ELECTRICITY CHARGI 235.28
638-448-1005 1/3/2005 PWTR-ELECTRICITY CHARGI 84.10
738-448-1003 1/3/2005 PWTR-ELECTRICITY CHARGI 63.08
352-691-1007 1/3/2005 PWTR-ELECTRICITY CHARGI 27.68
442-691-1006 1/3/2005 PWTR-ELECTRICITY CHARGI 27.68
342-691-1008 1/3/2005 PWTR-ELECTRICITY CHARGI 25.49
062-691-1002 1/3/2005 PWTR-ELECTRICITY CHARGI 14.69 14,041.74
L 183813 1/31/2005 000990 PUGET SOUND REGIONAL CC200527 8/12/2004 CC-PSRC 2004 DUES ASSES~ 25,339.00 25,339.00
Voucher: 183813
-
...J 183814 1/31/2005 005885 R C AUTO BODY 19 1/21/2005 RSK-04-03-091-372 PS#658 RI 5,358.57
Voucher: 183814 28 10/5/2004 RSK-04-03-091-375 VEH#657 : 363.78 5,722.35
183815 1/31/2005 008564 RED CARPET INTERIOR DESI'011905-CFW 1/19/2005 CITYHALL: INVENTORY SURF 1,012.50 1,012.50
Voucher: 183815
183816 1/31/2005 001139 RED WING SHOE STORE 00132004806 12/28/2004 PWDS-DOWER,ANN-UNIFOR 129.46 129.46
Voucher: 183816
183817 1/31/2005 008223 RST INTERNATIONAL INC 379 6/17/2004 AG04-23A:5/04 TRAFFIC MOD 2,300.00 2,300.00
Voucher: 183817
183818 1/31/2005 003726 SAFEWA Y STORE #1555 648473 9/17/2004 PKRCS-CARNIVAL EVENT SU 110.93
Voucher: 183818 MF04662 9/7/2004 PKRCS-INVOICE COpy FEE 3.00 113.93
183819 1/31/2005 008106 SANDERS GENERAL CONSTRSANDERS 1/28/2005 AG04-52:RET REL-SANDERS 30,179.51 30,179.51
Voucher: 183819
183820 1/31/2005 007489 SANDERS, BETTY EMPLOYEE REI 1/24/2005 PRCS-BRS WORKSHOP FOO 68.07 68.07
Voucher: 183820
183821 1/31/2005 008072 SA TO SERVICE LLC FW-5 12/30/2004 AG04-144:COMM CTR-2% PUI 75,992.00 75,992.00
Voucher: 183821
183822 1/31/2005 008447 SEARCH GEAR INC 29896 1/28/2005 CDHS-RUCKSACK SG 451.88
Voucher: 183822 28047 3/12/2003 CDHS-ROCKER HELMET CEF 297.00 748.88
Page: 9
apChkLst
01/31/2005 11 :10:46AM
Final Check list
CITY OF FEDERAL WAY
Page: 10
Bank: key us bank
(Continued)
Check #
Date
Invoice
4QTR2004
4QTR2004
4QTR2004
002231 SHELDON & ASSOCIATES INC97451
183824 97437
97402
97478
97420
97418
97427
97516
14545
Vendor
183823 1/31/2005 001126 SENIOR SERVICES
Voucher: 183823
183824 1/31/2005
Voucher:
183825 1/31/2005 001885 SPARKS CAR CARE
Voucher: 183825
183826 1/31/2005 003600 SPILLMAN TECHNOLOGIES 1t'-13680
L Voucher: 183826
-' 183827 1/31/2005 003307 STERICYCLE INC
c,<- Voucher: 183827
183828 1/31/2005 007990 SYMBOLARTS LLC
Voucher: 183828
183829 1/31/2005 005215 TAB NORTHWEST
Voucher: 183829
183830 1/31/2005 008484 TACOMA COMMUNITY HOUSE4121004
Voucher: 183830
183831 1/31/2005 000873 TARGET STORES DIVISION, P1104045253
Voucher: 183831
183832 1/31/2005 006267 US BANK
Voucher: 183832
183833 1/31/2005 005019 UNITED RENTALS NORTHWE45210693-001
Voucher: 183833 45210693-003
183834 1/31/2005 004552 VALLEY CITIES COUNSELlNG4QTR2004
Voucher: 183834 4QTR2004
4QTR2004
4QTR2004
183835 1/31/2005 003563 VALLEY COMMUNICATIONS COO03446
Voucher: 183835
0003086573
0003054686
0040562-IN
0040710-IN
12-17633
Inv Date Description
1/5/2005 AG03-86:4QTR04 MEALS ON'
12/31/2004 AG03-85:4QTR04 VOLUNTEEI
1/3/2005 AG03-84A:4QTR04 CONGREC
12/31/2004 CDENPR12/04 GETHSEMANE
9/30/2004 CDENPRLAKEHAVEN WELL
9/30/2004 CDENPR9/04 GETHSEMANE
11/30/2004 CDPL-ENV REV:11/04 STARKt
12/31/2004 CDENPR:12/04 ST FRANCIS \J
9/30/2004 CDENPR9/04 KASHMIR GILL-
9/30/2004 CDENPR9/04 DIAMOND PAIN
12/31/2004 CDENPR12/04 KASHMIR Gill
11/29/2004 RSK-04-03-091-376 PS#643
1/5/2005
MSDP-SPILLMAN SOFTWARE
12/30/2004 PS-12/04 WASTE DISPOSAL F
11/30/2004 PS-11/04 WASTE DISPOSAL F
11/23/2004 PS-BADGE,B17K CUSTOM SE
12/3/2004 PS-BADGE,B17K CUSTOME S
12/31/2004 PS-OFFICE EQUIPMENT/SUP
12/31/2004 MC-INTERPRETER SVCS
11/17/2004 PKRCS-PRESCHOOL HOLIDA
153590804396 12/31/2004 MSF-2004 BANK ANALYSIS FI
1/2/2005
1/25/2005
1/7/2005
1/7/2005
1/10/2005
1/7/2005
1/12/2005
PRCS-EQUIPMENT RENTAL (
PRCS-EQUIPMENT RENTAL (
AG03-105:4QTR04 CHLD&FMI
AG03-121:4QTR04 DV ADVOC
AG03-78A:4QTR2004 FM SPP
AG03- 77:4QTR04 DV TREA TN
PS-(11/04)LANGUAGE LINE U
Amount Paid
2,375.00
1,425.00
750.00
2,002.50
1,423.75
1,330.13
942.50
860.75
760.00
648.75
472.50
2,387.79
Check Total
9,975.00
10.96
8.99
230.00
220.00
3,481.60
290.00
28.23
9,625.80
1,355.38
-262.38
11,250.00
7,500.00
5,077.38
1,250.00
85.68
4,550.00
8,440.88
2,387.79
9,975.00
19.95
450.00
3,481.60
290.00
28.23
9,625.80
1,093.00
25,077.38
85.68
Page: 10
apChkLst
01/31/2005 11 :10:46AM
Final Check List
CITY OF FEDERAL WAY
Page: 11
Bank: key us bank
(Continued)
183836 1/31/2005 007888 VANIR CONSTRUCTION MGMP80005
Voucher: 183836
183837 1/31/2005 001866 WA STATE DEPT OF ECOLOGWC05005001 1/17/2005 AG04-120:11/04 EXOTIC PLM
Voucher: 183837
183838 1/31/2005 004258 WA STATE DEPT OF LlCENSIIDEC2004 1/27/2005
Voucher: 183838 LlSITSYN,OLEG 1/27/2005
183839 1/31/2005 000253 WA STATE DEPT OF TRANSP RE-313-ATB501 1/11/2005
Voucher: 183839 RE-313-ATB501 1/11/2005
183840 1/31/2005 003825 WA STATE DEPT OF TRANSP RE41JA5057L01 1/11/2005
Voucher: 183840
183841 1/31/2005 000280 WA STATE EMPLOYMENT SEI684072-00
Voucher: 183841
183842 1/31/2005 004752 WA STATE LABOR & INDUSTF574,570-008
Voucher: 183842
L 183843 1/31/2005 000851 WA STATE PATROL
:ö Voucher: 183843
183844 1/31/2005 000061 WA STATE REVENUE DEPAR-601-223-5385 1/20/2005 MSF-DEC04-REMIT B&O TAX
Voucher: 183844
183845 1/31/2005 002649 WA STATE REVENUE DEPT:M601-201-517
Voucher: 183845 4QTR2004
183846 1/31/2005 008294 WAGNER DEVELOPMENT INCAG04-108 #6
Voucher: 183846
183847 1/31/2005 000783 WASTE MANAGEMENT
Voucher: 183847
183848 1/31/2005 000173 WEST PAYMENT CENTER 808075315
Voucher: 183848 807804408
183849 1/31/2005 005680 WILD WEST INTERNATIONAL 3708
Voucher: 183849
183850 1/31/2005 007379 WORTHY AND ASSOCIATES L03-02A-17B
Voucher: 183850 03-02B-17
183851 1/31/2005 001121 WWEE-WA WOMEN EMPLOY¡4QTR2004
Voucher: 183851
183852 1/31/2005 005722 YAKIMA COUNTY DEPARTMEIDEC 2004
Voucher: 183852 DEC2003
DEC2004
Check #
Date
Vendor
Invoice
105015934
Inv Date Descriotion
1/3/2005
AG04-187:11/04 COMM CTR I\¡
PS-12/04 REMIT CPL FEES
PS-REMIT ALIEN FIREARM S-
AG90-7A:12/2004 WSDOT ST
PWST-12/04 PREML ENGINEE
AG03-200:12/04 1-5 TO CITY C
1/15/2005 CH-4QTR04 U I TAX
12/30/2004 MSF-L&I VOLUNTEER HRS 41
1/6/2005
MSHR-(12/04) BCKGRND CHE
1/10/2005 MSF-CAFE PACIFIC CONCS-L
1/28/2005 MSF-(4QTR04)REMIT LEASa
1/20/2005 AG04-108:11/04 LAKOTA CRK
601-0000757-10 1/1/2005
SWR-(12/04) LITTER DISPOSJ
12/31/2004 MSDP-12/04 DATABASE/COM
11/25/2004 LAW-WA COURT RULES STA
12/31/2004 PS-12/04 FIRING RANGE FEE
12/31/2004 AG03-43A: 12/04ARMSTRONG
12/31/2004 AG03-44A:12/04 THOMPSON I
12/3/2004 AG03-83:4QTR2004 CACD PR
12/16/2004 PS-3QTR04 RECONC UNUSE
12/15/2004 PS-(2003) RECONC UNUSED
1/10/2005 PS-(12/04) JAIL SVCS AGOO-11
Amount Paid
6,333.45
2,963.26
402.00
15.00
3,113.56
71.48
1,616.61
16,944.56
238.57
80.00
3,135.75
3,261.00
647.03
9,218.98
337.44
1,251.41
354.49
106.62
2,425.50
52.50
1,500.00
90,893.68
53,724.56
49.855.06
Check Total
6,333.45
2,963.26
417.00
3,185.04
1,616.61
16,944.56
238.57
80.00
3,135.75
3,908.03
9,218.98
337.44
1,605.90
106.62
2,478.00
1,500.00
194,473.30
Page: 11
apChkLst
01/31/2005 11:10:46AM
Final Check List
CITY OF FEDERAL WAY
Page: 12
(Continued)
Bank: key us bank
Inv Date Description
12/30/2004 AG04-149:4QTR04 CDBG W/ f
Check #
Date
Vendor
Invoice
183853 1/31/2005 000544 YMCA OF GREATER SEATTLE4QTR2004
Voucher: 183853
183854 1/31/2005 008036 YWCA SOUTH KING COUNTY 4QTR2004
Voucher: 183854
1/3/2005
AG03-129A:4QTR04 DV CHIL[
Amount Paid
5,270.48
500.00
Sub total for us bank:
L
b
Check Total
5,270.48
500.00
1,110,016.98
Page: 12
apChkLst
01/31/2005 11:10:46AM
Final Check List
CITY OF FEDERAL WAY
Page: 13
1,110,016.98
Grand Total All Checks:
140 checks in this report.
L.
~
Page: 13
apChkLst
01/31/2005 11:10:46AM
Final Check List
CITY OF FEDERAL WAY
Page: 14
Void Checks
Bank code: key
Check # Date
520662 12/16/2003
L
~
Page: 14
apChkLst
02/03/2005 2:22:02PM
Final Check List
CITY OF FEDERAL WAY
Page: 1
Bank: key us bank
Check #
Date
Vendor
Invoice
183855 2/3/2005 000475 ALARM CENTERS/CUSTOM SI368146
Voucher: 183855 368145
368222
368144
194370
~
183856 2/3/2005
Voucher:
183857 2/3/2005
Voucher:
183858 2/3/2005
Voucher:
183859 2/3/2005
Voucher:
183860 2/3/2005
Voucher:
183861 2/3/2005
Voucher:
007166 ALLEN, KAREN
183856
008627 AN. ANNA
183857
000190 APA-AMERICAN PLANNING A~120504-116439
183858 150504-084901
005715 ARCH WIRELESS HOLDINGS 106163838A
183859
003034 AWC DRUG & ALCOHOL TES12005 AWC
183860
001630 BLUMENTHAL UNIFORM CO 11403630-02
183861 409866
409843
408960
409584
408553
411349
409055-01
410682
406295
409093
409052
403680-01
409602
406948
408806
409639
408814
409418
408812
194368
Inv Date Description Amount Paid
12/20/2004 PKCP-1QTR05 ALRM MNTR-E 120.00
12/20/2004 PKCP-1QTR05 ALARM MTR/S 120.00
12/20/2004 PKCHB-1/05 ALRM MNTR SVC 103.00
12/20/2004 PKKFT -1 QTR05 ALRM MNTR 60.00
1/13/2005 PKRCS-REFUNO-RECREA TIC 8.00
1/13/2005 PKRCS-REFUND-RECREA TIC 40.00
12/7/2004 CDP - APA MEMBERSHIP/HAF 210.00
12/7/2004 COP - APA MEMBERSHIP BAF 210.00
12/30/2004 MSTEL-1/05 PAGER LEASE 391.16
11/30/2004 MSHR-AWC TESTING CONSC 680.00
1/11/2005 PS- UNIFORMS & ACC. 216.40
1/7/2005 PS- UNIFORMS & ACC. 194.64
1/4/2005 PS- UNIFORMS & ACC. 125.07
1/3/2005 PS- UNIFORMS & ACC. 100.00
1/3/2005 PS- UNIFORMS & ACC. 100.00
1/5/2005 PS- UNIFORMS & ACC. 100.00
1/12/2005 PS- UNIFORMS & ACC. 100.00
1/6/2005 PS- UNIFORMS & ACC. 99.99
1/7/2005 PS-UNIFORM CLOTHING 73.93
1/5/2005 PS- UNIFORMS & ACC. 63.15
1/3/2005 PS- UNIFORMS & ACC. 54.45
1/5/2005 PS- UNIFORMS & ACC. 45.65
1/5/2005 PS- UNIFORMS & ACC. 33.67
1/4/2005 PS- UNIFORMS & ACC. 30.46
1/3/2005 PS- UNIFORMS & ACC. 15.12
1/5/2005 PS- UNIFORMS & ACC. 10.88
1/4/2005 PS- UNIFORMS & ACC. 8.70
1/7/2005 PS- UNIFORMS & ACC. 8.70
1/3/2005 PS- UNIFORMS & ACC. 4.35
1/5/2005 PS- UNIFORMS & ACC. 2.18
Check Total
403.00
8.00
40.00
420.00
391.16
680.00
1,387.34
Page: 1
apChkLst Final Check List Page: 2
02/03/2005 2:22:02PM CITY OF FEDERAL WAY
Bank: key us bank (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total
183862 2/3/2005 008628 BUCASAS, ERIC 194371 1/13/2005 PKRCS-REFUND-RECREA TIC 8.00 8.00
Voucher: 183862
183863 2/3/2005 000414 CAFE PACIFIC CATERING INC9447 1/3/2005 DBC-CATERING SVC 973.96
Voucher: 183863 9462 2 1/3/2005 DBC-CATERING SVC 650.50
9518 1/19/2005 DBC-CATERING SVC 561.26
9461 1/3/2005 DBC-CA TERING SVC 540.15
9519 1/19/2005 DBC-CATERING SVC 137.16
9533 1/20/2005 DBC-CATERING SVC 58.10
9517 1/3/2005 DBC-CATERING SVC 30.60 2,951.73
183864 2/3/2005 004676 CENTERSTAGE THEATRE ARC3180R17918 1/18/2005 PKDBC-REFUND RENTAL DE 45.07 45.07
Voucher: 183864
183865 2/3/2005 004359 CENTURY SQUARE SELF-STC6478 1/2/2005 PKM-1/05-6/05 STORAGE RH 962.50 962.50
Voucher: 183865
C 183866 2/3/2005 007714 CERTIFIED FOLDER DISPLAY 302498 12/29/2004 CM-CITY FOLDER DISPLAY R 6,640.02 6,640.02
. Voucher: 183866
~ 183867 2/3/2005 003564 CLARY, JOHN 328808 1/22/2005 PS-K9 MEDICINE 128.99 128.99
1. Voucher: 183867
183868 2/3/2005 003131 CLEMENT COMMUNICATION~104593-40 1/5/2005 MSHR-SUPERVISOR'S GUIDE 291.20 291.20
Voucher: 183868
183869 2/3/2005 004442 CRAWFORD, GARY MILEAGE REIMI 1/19/2005 PS-MILEAGE REIMB TRNG 77.64 77.64
Voucher: 183869
183870 2/3/2005 008635 CREATIVE MEMORIES C2972R17879 1/12/2005 PKDBC-REFUND RENTAL DE 110.66 110.66
Voucher: 183870
183871 2/3/2005 005782 CSDC SYSTEMS INC 6801 11/10/2004 MSDP/ALL-05AMANDA ANNUl 12,360.00 12,360.00
Voucher: 183871
183872 2/3/2005 007552 D J IMPRINTS 00215273 1/13/2005 AG04-175:PRINTED CLOTHIN 821 .70 821.70
Voucher: 183872
183873 2/3/2005 000854 D J TROPHY 00215235 1/6/2005 CC-APPRECIATION PLAQUE 98.04 98.04
Voucher: 183873
183874 2/3/2005 005922 DEX MEDIA WEST 024142160000 1/18/2005 PKDBC&KFT-1/05 DIRECTOR' 59.90 59.90
Voucher: 183874
Page: 2
apChkLst Final Check List Page: 3
02/03/2005 2:22:02PM CITY OF FEDERAL WAY
Bank: key us bank (Continued)
Check # Date Vendor Invoice Inv Date DescriDtion Amount Paid Check Total
183875 2/3/2005 005341 DODD, ESCOLASTICA ROSA 1/7/05 1/7/2005 MC-INTERPRETER SVC 160.00
Voucher: 183875 1/11/05 1/11/2005 MC-INTERPRETER SVC 130.00
1/12/05 1/12/2005 MC-INTERPRETER SVC 130.00
1/18/05 1/18/2005 MC-INTERPRETER SVC 110.00
1/10/05 1/10/2005 MC-INTERPRETER SVC 80.00
1/13/05 1/13/2005 MC-INTERPRETER SVC 80.00
1/21/05 1/21/2005 MC-INTERPRETER SVC 80.00 770.00
183876 2/3/2005 000939 DS WATERS OF AMERICA, LP0984206-15 11/25/2004 CC-4 CASES OF BOTTLED W. 27.43 27.43
Voucher: 183876
183877 2/3/2005 008640 DUNLAP, SHEREE 03-48478 1/10/2005 PS-REFUND TRAFFIC SCHOC 75.00 75.00
Voucher: 183877
183878 2/3/2005 000570 EAGLE TIRE & AUTOMOTIVE 11039154 1/18/2005 PS-LOF/BATTERY/FUEL FIL TI 320.94
Voucher: 183878 1039231 1/22/2005 MSFL T-REPAIR/SVCITIRE 297.52
L 1039124 1/17/2005 PS-FUEL PUMP REPAIR SVC~ 77.68
r--J 1038857 1/3/2005 MSFL T-REPAIR/SVCITIRE 31.54
1038856 1/3/2005 MSFL T-REPAIR/SVCITIRE 27.19
'^ 1039170 1/19/2005 PS-LOF REPAIR SVCS/MNT 18.49
1039052 1/12/2005 MSFL T-REPAIR/SVCITIRE 17.70
1039199 1/20/2005 MSFL T-REPAIR/SVCITIRE 13.32 804.38
183879 2/3/2005 006177 EARL, SHARYN LYNN 050001 1/11/2005 GUIDE TO CITY & COMM SVC 45.00
Voucher: 183879 050005 1/20/2005 EXPLORE FW FLYER 30.00
50002 1/11/2005 MLK CERTIFICATES 22.50
050004 1/14/2005 JOE'S CREEK BRIEFING SHE 15.00
050003 1/14/2005 SCANNING MAPS 7.50
050006 1/19/2005 SCANNING MAPS 7.50 127.50
183880 2/3/2005 004905 ELSASSER, DENNIS 40683 1/7/2005 PS-ANNUAL BOOT ALLOWAN 97.97 97.97
Voucher: 183880
183881 2/3/2005 006514 ENGINEERING BUSINESS SY~20165 1/5/2005 MSDP-1/05 SVC&MAINT-KIP 2 239.60
Voucher: 183881 20117 1/4/2005 MSDP-20# BOND PAPER 24X! 196.93 436.53
183882 2/3/2005 000328 ERNIE'S FUEL STOPS (DBA) 0182884 1/15/2005 MSFL T-FUEL FOR VEHICLES. 1,363.87 1,363.87
Voucher: 183882
183883 2/3/2005 004840 EVAC-EMERGENCY VEHICLE 103922 1/12/2005 PS-FIXED GROUND ADAPTEF 43.52 43.52
Voucher:' 183883
183884 2/3/2005 000217 FEDERAL EXPRESS CORPOR7-967-22518 1/21/2005 MSF-PASSPORT SVC 01-557~ 33.58 33.58
Voucher: 183884
Page: 3
apChkLst Final Check List Page: 4
02/03/2005 2:22:02PM CITY OF FEDERAL WAY
Bank: key us bank (Continued)
Check # Date Vendor Invoice Inv Date DescriDtion Amount Paid Check Total
183885 2/3/2005 008636 FICKER, WANDA C2956R6169 1/12/2005 PKDBC-REFUND RENTAL DE 150.00 150.00
Voucher: 183885
183886 2/3/2005 001686 FIRST CHOICE BUSINESS MA05026496463 1/7/2005 MS/M&D-COPIER LEASE FOR 117.50 117.50
Voucher: 183886
183887 2/3/2005 006028 FREEBORN LAW OFFICES PS1/13/05 1/13/2005 MC-PRO TEM LEGAL SERVIC 50.00 50.00
Voucher: 183887
183888 2/3/2005 007644 FRIENDS OF LAS VEGAS 3/7 -3/9/05 1/19/2005 PS-TRNG PRACTICAL HOMIC 1,185.00 1,185.00
Voucher: 183888
183889 2/3/2005 001637 FRY'S WELDING INC 12314 1/6/2005 PKM-BOLLARDS/BASES 1,074.33 1,074.33
Voucher: 183889
183890 2/3/2005 008637 FUALAAU, PETER 194945 1/21/2005 PKRCS-REFUND RENTAL DE 500.00 500.00
Voucher: 183890
L. 183891 2/3/2005 008629 GOLDSBOROUGH, SANDRA 194372 1/13/2005 PKRCS-REFUND-RECREATIC 60.00 60.00
Voucher: 183891
t:'. 183892 2/3/2005 008630 GRECO, JESSICA 194367 1/13/2005 PKRCS-REFUND-RECREATIC 42.00 42.00
. Voucher: 183892
183893 2/3/2005 005625 I/O SOLUTIONS LLC C13217A 1/5/2005 MSHR-POLICE OFFICER TES' 216.00 216.00
Voucher: 183893
183894 2/3/2005 000016 IKON OFFICE SOLUTIONS 16327538 1/5/2005 MSMD-(DATE)COPIES MAl NT 1,101.58
Voucher: 183894 16327539 1/5/2005 MSDP (DATE) FAX MACHINE~ 169.40 1,270.98
183895 2/3/2005 000966 INPRA-INTERNATIONAL NW F1/12/05 1/12/2005 PKM-INPRA ACADEMY/REUTI 750.00 750.00
Voucher: 183895
183896 2/3/2005 005934 K P TRANSLATION SERVICES 1/4/05 1/4/2005 MC-INTERPRETER SVC 161.25 161.25
Voucher: 183896
183897 2/3/2005 703062 KHAN, MAIMUNA KHAN 1/24/2005 UTILITY TAX REBATE PROGF 72.49 72.49
Voucher: 183897
183898 2/3/2005 006222 KIM, RICHARD PUBM-572 01 1/31/2005 PS-FALL 2004 TUITION 1,464.00 1,464.00
Voucher: 183898
183899 2/3/2005 004383 KIRKPATRICK, ANNE PER DIEM RElrv 1/11/2005 PS-LEED TRAINING PER DIE~ 54.00 54.00
Voucher: 183899
183900 2/3/2005 008639 LEBEAU, AARON 03-47645 1/10/2005 PS-REFUND TRAFFIC SCHOC 75.00 75.00
Voucher: 183900
183901 2/3/2005 004594 LlM, VANNARA S 1/12/05 1/12/2005 MC-INTERPRETER SVC 100.00 100.00
Voucher: 183901
Page: 4
apChkLst Final Check List Page: 5
02/03/2005 2:22:02PM CITY OF FEDERAL WAY
Bank: key us bank (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total
183902 2/3/2005 001004 MAILMEDIA DBA IMMEDIA 49726 1/19/2005 PRCS-PARKS BROCHURE-SF 4,828.50 4,828.50
Voucher: 183902
183903 2/3/2005 006008 MCLOUGHLIN & EARDLEY COO029172-IN 1/3/2005 PS-SIREN, DASH LIGHT, SPE, 367.35
Voucher: 183903 0029368-1 N 1/10/2005 PS-SIREN, BETA112 POLICE I 266.41 633.76
183904 2/3/2005 005176 MERINO, BETTY 1/11/05 1/11/2005 MC-INTERPRETER SVC 157.50 157.50
Voucher: 183904
183905 2/3/2005 008029 MONTES DE OCA RICKS, MAF1/18/05 1/18/2005 MC-INTERPRETER SVC 123.75
Voucher: 183905 1/20/05 1/20/2005 MC-INTERPRETER SVC 90.00
1/21/05 1/21/2005 MC-INTERPRETER SVC 90.00 303.75
183906 2/3/2005 001843 MORRIS PI HA REAL ESTATE ~ 1155-FEB05 2/2/2005 AG98-212C:1/05 PS BLDG LEi 3,759.00
Voucher: 183906 3516-FEB05 2/2/2005 AG93-51 :2/05 KLCC PKNG LO 525.71 4,284.71
183907 2/3/2005 003432 MORSE, DEBRA MILEAGE REIMI 1/14/2005 PS-MILEAGE REIMB TRAININI 165.25
Voucher: 183907 HOTEL REIMB 1/13/2005 PS-HOTEL REIMB TRNG 64.90 230.15
L 183908 2/3/2005 003355 MURPHY, GARY 2695*1 *28768 1/23/2005 PS-CIS CLOTHING 275.00 275.00
Voucher: 183908
~ 183909 2/3/2005 000089 NEWS TRIBUNE 495092 12/12/2004 PKDBC-2005 NEWSPAPER Sl 138.00
Voucher: 183909 295625 1/2/2005 PKM-1 YEAR SUBSCRIPTION 96.10 234.10
183910 2/3/2005 008626 OGORODNIK, DMITRIY F OGORODINIK 1/24/2005 UTILITY TAX REBATE PROGF 41.35 41.35
Voucher: 183910
183911 2/3/2005 001891 ON-HOLD CONCEPTS INC 129957 1/1/2005 MIS-05 MS/COM PHONE SYS. 228.00 228.00
Voucher: 183911
183912 2/3/2005 004004 PACIFIC COAST FORD INC JAN2005 1/1/2005 SUI-1/05 VEH LEASE-2001 FO 274.41 274.41
Voucher: 183912
183913 2/3/2005 008624 PEDERSEN, ROLFE 5240104 1/22/2005 PWST -RESOLED WORK SHO 68.49 68.49
Voucher: 183913
183914 2/3/2005 001189 PETTY CASH - CM OFFICE CM 1/26/05 1/26/2005 CM-CAMERA BAG FOR NEW 139.29 139.29
Voucher: 183914
183915 2/3/2005 002822 PETTY CASH-DUMAS BAY CE PKDBC 1/29/05 1/19/2005 PKDBC-WEED PREVENTER:F 36.68 36.68
Voucher: 183915
183916 2/3/2005 006241 PETTY CASH-POLICE DEPT PS 1/19/05 1/19/2005 PS-LUNCH:WSCPA MEETING 171.04 171.04
Voucher: 183916
183917 2/3/2005 002024 PETTY CASH-WITNESS FEES JAN 2005 1/24/2005 MC-JURY & WITNESS REIMB 709.20 709.20
Voucher: 183917
183918 2/3/2005 008631 PINEIRO, CINDY 194373 1/13/2005 PKRCS-REFUN D-RECREA TIC 52.00 52.00
Voucher: 183918
Page: 5
apChkLst
02/03/2005 2:22:02PM
Final Check List
CITY OF FEDERAL WAY
Page: 6
Bank: key us bank
Check #
Date
183919 2/3/2005
Voucher:
183920 2/3/2005
Voucher:
183921 2/3/2005
Voucher:
183922 2/3/2005
Voucher:
183923 2/3/2005
Voucher:
183924 2/3/2005
Voucher:
183925 2/3/2005
L Voucher:
. 183926 2/3/2005
~ Voucher:
tcs 183927 2/3/2005
Voucher:
183928 2/3/2005
Voucher:
183929 2/3/2005
Voucher:
183930 2/3/2005
Voucher:
183931 2/3/2005
Voucher:
183932 2/3/2005
Voucher:
(Continued)
Vendor
Invoice
Inv Date DescriDtion
Amount Paid Check Total
62.38 62.38
40.00 40.00
30,802.00 30,802.00
61.75
52.71 114.46
0.23 0.23
438.46 438.46
60.00 60.00
81.59 81.59
40.00 40.00
923.20 923.20
71.95 71.95
150.00 150.00
277.00 277.00
300.00 300.00
1/4/2005
PKM-WELDING SUPPLIES
005583 PRAXAIR DISTRIBUTION INC 462856
183919
008632 PRICE, LORNA
183920
000120 PUGET SOUND CLEAR AIR AC05228S
183921
000202 aWEST
183922
000202 aWEST
183923
005885 R C AUTO BODY
183924
008633 REINTSMA, LARRY
183925
008113 ROBINETT, DONALD
183926
008634 ROBINSON, BILLIE
183927
007228 ROGERS, TANITH
183928
005684 SCHWAN, KURT
183929
007960 SGI-USA
183930
002405 SMITH PUBLISHERS LLC, M Ll9627921-R5
183931
008638 SMITH, DANA
183932
194944
1/21/2005 PKRCS-REFUND-RECREATIC
11/15/2004 CC-05 CALENDAR YEAR CLE
253-815-99243E 1/4/2005 MSTEL-(2/05) PHONE/DATA S
253-815-9920 1/4/2005 MSTEL-(2/05) PHONE/DATA S
253-630-152926 12/29/2004 MC-(1/05) FAX MCHN CHRGS
412
194376
5192
194375
TCSLUS 431
6054
C3133R6171
194369
1/21/2005 PS-REPAIR SERVICES
1/13/2005 PKRCS-REFU ND-RECREA TIC
1/21/2005 PWSMW-SOFTWARE MANU)!
1/13/2005 PKRCS-REFUND-RECREATIC
12/22/2004 MSHR-EDUC ASSNT/TUITION
1/7/2005
PS-ANNUAL BOOT ALLOWAN
1/12/2005 PKDBC-REFUND RENTAL DE
12/20/2004 LAW-WA EMPLOYMENT LAW
1/13/2005 PKRCS-REFUND RENTAL DE
Page: 6
apChkLst Final Check List Page: 7
02/03/2005 2:22:02PM CITY OF FEDERAL WAY
Bank: key us bank (Continued)
Check # Date Vendor Invoice Inv Date DescriDtion Amount Paid Check Total
183933 2/3/2005 001885 SPARKS CAR CARE 14856 1/20/2005 PS- REPAIR/SVC 778.05
Voucher: 183933 14857 1/20/2005 MSFL T-REPAIRS/SVC 737.19
14813 1/13/2005 PS- REPAIR/SVC 594.40
14802 1/13/2005 PS- REPAIR/SVC 412.75
14854 1/21/2005 MSFL T-REPAIRS/SVC 299.20
14834 1/17/2005 MSFL T-REPAIRS/SVC 244.80
14855 1/21/2005 MSFL T-REPAIRS/SVC 229.36
14563 1/12/2005 PS- REPAIR/SVC 87.04
14822 1/14/2005 MSFL T-REPAIRS/SVC 77.17
14825 1/14/2005 MSFL T-REPAIRS/SVC 50.41
14835 1/17/2005 MSFL T-REPAIRS/SVC 27.20
14845 1/18/2005 PS- REPAIR/SVC 14.72 3,552.29
183934 2/3/2005 006151 SPRINT SPECTRUM 14132A 1/11/2005 PRCS-GOGGLES FOR KJP 197.28 197.28
L Voucher: 183934
183935 2/3/2005 004356 SUMPTER. KYLE 45868 1/17/2005 PS-SRT EQUIPMENT 219.23
~ Voucher: 183935 17614 1/5/2005 PS-JAN 05 THRU MAR 05 RA~ 113.75 332.98
183936 2/3/2005 000341 SUNRISE SELF STORAGE 278209 1/11/2005 PS-2/05 STRG RENTAL FEE L 175.00
Voucher: 183936 278208 1/11/2005 PS-1/05 STRG RENTAL FEE L 175.00 350.00
183937 2/3/2005 007868 TABILE, ROMEO 194374 1/13/2005 PKRCS-REFUND RENTAL DE 500.00 500.00
Voucher: 183937
183938 2/3/2005 001424 THYSSENKRUPP ELEVATOR 183816 1/1/2005 AG03-199:1/05 CH ELEVATO" 149.04 149.04
Voucher: 183938
183939 2/3/2005 004218 TIMCO INC 120404 1/4/2005 PKM-BOL TS/BEARINGS/BUS~ 13.97 13.97
Voucher: 183939
183940 2/3/2005 006520 US TREASURY, C/O WA STA1HANWOO-RI 2/3/2005 HAN WOO-RI NW KOREAN SI 500.00 500.00
Voucher: 183940
183941 2/3/2005 005143 UNIVERSITY OF WASHINGTO3/21-3/25/05 1/1/2005 PS-A HWANG 3/21-3/25/05 E) 685.00 685.00
Voucher: 183941
183942 2/3/2005 001124 VERIZON WIRELESS 1916724883 1/6/2005 MSTEL-1/05 DATE-CELL AIR 1 67.58 67.58
Voucher: 183942
183943 2/3/2005 005704 VERTICAL TRANSPORTATIOl\DVT05642X105 12/20/2004 AGOO-171:1/05-KLCC ELVTR ~ 167.65 167.65
Voucher: 183943
183944 2/3/2005 001061 WA STATE AGRICULTURE DE56163 12/2/2004 PWS-05 P FOSTER PESTICID 25.00 25.00
Voucher: 183944
Page: 7
apChkLst
02/03/2005 2:22:02PM
Final Check List
CITY OF FEDERAL WAY
Page: 8
Bank: key us bank
Check # Date
183945 2/3/2005
Voucher:
183946 2/3/2005
Voucher:
183947 2/3/2005
Voucher:
183948 2/3/2005
Voucher:
c
~
(Continued)
Vendor
Invoice
Inv Date DescriDtion Amount Paid Check Total
1/4/2005 WCMAANNUALDUES05MO 282.00 282.00
1/10/2005 PS-REFUND TRAFFIC SCHOC 75.00 75.00
1/11/2005 PKM-WORK BOOTS/RAIN GE. 253.66
1/11/2005 PKM-WORK BOOTS/RAIN GE. 173.29 426.95
1/20/2005 CHB 1/05 JANITORIAL SERVI( 2,335.00 2,335.00
Sub total for us bank: 94,696.22
000802 WCMA-WA CITY MANAGEME~2005 WCMA
183945
008641 WHYTE, GWENDOLYN
183946
005697 WORK-SPORTS & OUTDOOR:6844
183947 5438
000947 YOUR INC 3147
183948
03-48433
Page: 8
apChkLst
02/03/2005 2:22:02PM
Final Check List
CITY OF FEDERAL WAY
Page: 9
94,696.22
94 checks in this report.
Grand Total All Checks:
L
~
Page: 9
apChkLst
02/03/2005 2:22:02PM
Final Check list
CITY OF FEDERAL WAY
Page: 10
Bank code: key
Check # Date
520662 12/16/2003
L
~
rI
Page: 10
apChkLst
02/04/2005 11 :22:03AM
Bank: key us bank
Check # Date Vendor
Final Check List
CITY OF FEDERAL WAY
Page: 1
Inv Date DescriDtion
Invoice
183949 2/4/2005 008041 BLIND CLEANERS NORTHWEFW02 9/27/2004 NCHB-BLIND CLEANING
Voucher: 183949 FW04 12/20/2004 NCHB-NEW MINI BLINDS FOF
183950 2/4/2005 004221 WA STATE TREASURER'S OF JAN-DEC 2004 2/4/2005 PS-2004 DRUG FORFEITED P
Voucher: 183950
Amount Paid
1,577.60
. 299.42
4,841.87
Sub total for us bank:
...)J
..¡J
Check Total
1,877.02
4,841.87
6,718.89
Page: 1
apChkLst
02/04/2005 11 :22:03AM
Final Check List
CITY OF FEDERAL WAY
Page: 2
2 checks in this report.
Grand Total All Checks:
6,718.89
c
~
..f.
Page: 2
apChkLst
02/04/2005 11 :22:03AM
Final Check List
CITY OF FEDERAL WAY
Page: 3
Bank code: key
Check # Date
520662 12/16/2003
c
~
V\
Page: 3
Final Check List
CITY OF FEDERAL WAY
apChkLst
02/15/2005 2:11:56PM
Bank: key us bank
Check # Date Vendor
Page: 1
Invoice
16-1-2867
6701708
Inv Date Description
2/4/2005
CD-KG RECORDING FEE
12/17/2004 PS-2005-1 033/1122 PRG ADM
CITYHALL-WORKSTATION S\
1/4/2005
1/4/2005
MSFL T-LOCKSMITH SVCS
1/14/2005 PS-1/9/05 TOWING SVCS
NEW CH-LOCKSMITH SERVIC
PKM-FACILITY LOCKSMITH S
NEW CH-LOCKSMITH SERVIC
PS-PADLOCK, EYED ALIKE
PKM-FACILITY LOCKSMITH S
PS-FALCON/BEST KEY G KE'1
PS-FORD KEY 1996 & UP WIT
PKDBC-DND KEY - NEUTER E
MC-3/05 NEW COURT CONF-I
CDENPR:8/04 NORTHLK/RES
CD-ENPRRESIDENTIAL SOU'
PKCHB-2/05 ALRM MNTR SVC
NCHB-2/05 - 4/05 ALARM MNl
CD-CENSUS MILEAGE REIME
1/20/2005 MSFL T-PW BOOM TRUCK PU
1/21/2005 PWAD-EOC SUPPLIES HOME
1/3/2005
1/4/2005
PKM-HONDA ELEC START, \II,
PKM-TOOLS/EQUIPMENT
Amount Paid
101.00
96.00
700.00
1,335.52
22.85
316.61
791.79
227.31
106.58
94.53
64.22
27.74
23.10
14.10
25.00
796.55
697.50
103.00
75.00
23.04
56,000.01
94.96
4,995.01
90.01
Check Total
101.00
96.00
700.00
1,335.52
22.85
316.61
1,349.37
25.00
1,494.05
178.00
23.04
56,000.01
94.96
5,085.02
183951 2/14/2005 000302 KING COUNTY RECORDS,ELE05-100135-00 2/11/2005 CD-KG RECORDING FEE
Voucher: 183951
183952 2/14/2005 000302 KING COUNTY RECORDS,ELE02-59391
Voucher: 183952
183953 2/15/2005 005186 1033/1122 PROGRAM
Voucher: 183953
183954 2/15/2005 008317 A COMPLETE OFFICE INSTAL441
Voucher: 183954
183955 2/15/2005 000083 MRO INC DBA THE LOCK SH'41866
Voucher: 183955
183956 2/15/2005 004234 ABT TOWI NG OF FEDERAL W 11299
Voucher: 183956
~. 183957 2/15/2005 000109 ACTIVE SECURITY CONTROL 13631 1/26/2005
r Voucher: 183957 13616 1/7/2005
13624 1/19/2005
13629 1/21/2005
13617 1/10/2005
13637 2/2/2005
13632 1/27/2005
13627 1/20/2005
183958 2/15/2005 005113 ADMINISTRATOR OFFICE OF LISA COLE 2/14/2005
Voucher: 183958 'o.
183959 2/15/2005 002899 ADOLFSON ASSOCIATES INC 2003005-12 9/3/2004
Voucher: 183959 2004006-1 6/28/2004
183960 2/15/2005 000475 ALARM CENTERS/CUSTOM S1372888 1/20/2005
Voucher: 183960 372825 1/20/2005
183961 2/15/2005 008653 ALEXANDER, CAIT MILEAGE REIMI 2/1/2005
Voucher: 183961
183962 2/15/2005 008596 AL TEC INDUSTRIES INC
Voucher: 183962
183963 2/15/2005 008324 AMATEUR ELCTRONIC SUPPl1733437 -01
Voucher: 183963
183964 2/15/2005 005614 AMB TOOLS & EQUIPMENT C(263192
Voucher: 183964 263203
Page: 1
apChkLst
02/15/2005 2:11 :56PM
Final Check List
CITY OF FEDERAL WAY
Page: 2
Bank: key us bank
005287 AMERICALL COMMUNICATIOtD6416
183965 D6417
003645 AMERICAN JANITORIAL SVCS3777
183966 3778
002271 AMERICAN SOC CIVIL ENGINI338685
183967 203489
390129
183968 2/15/2005 007782 ANIMAL EMERGENCY CLINIC 4113
Voucher: 183968
183969 2/15/2005 002534 ARBORSCAN INC
Voucher: 183969
183970 2/15/2005 005715 ARCH WIRELESS HOLDINGS IA61638388
L Voucher: 183970
~ 183971 2/15/2005 001233 AT&T BUSINESS SERVICE
-J Voucher: 183971
183972 2/15/2005
Voucher:
183973 2/15/2005
Voucher:
183974 2/15/2005
Voucher:
Check #
Date
183965 2/15/2005
Voucher:
183966 2/15/2005
Voucher:
183967 2/15/2005
Voucher:
183975 2/15/2005
Voucher:
183976 2/15/2005
Voucher:
183977 2/15/2005
Voucher:
183978 2/15/2005
Voucher:
183979 2/15/2005
Voucher:
056 580-4150-0C 1/13/2005 MSTEL-LONG DISTANCE SVC
056580-1552 OC 1/16/2005 MSTEL-LONG DISTANCE SVC
056 580-1552-0C 11/16/2004 MSTEL-LONG DISTANCE SVC
000075 AT&T WIRELESS & CINGULAF047-502737422 2/2/2005 MSTEL-1/05 CELL AIR TIME-
183972
000075 AT&T WIRELESS & CINGULAFO033654119
183973
004128 BAGNELL INC
183974
(Continued)
Vendor
Invoice
Inv Date Description Amount Paid
1/21/2005 SWM-1/05 AFTER HR CALL-O 123.31
1/21/2005 PKM-1/05 AFTER HR CALL-at 73.76
2/4/2005 AG04-09:(1/05) DBC JNTRL S\ 5,591.35
2/4/2005 AG04-09:(1/05)KFT JNTRL SVI 550.00
1/26/2005 PWST-M SALLOUM 05 ASCE I 245.00
1/26/2005 PWST-A EMTER 05 ASCE ME 225.00
1/26/2005 PWST-P BUCICH ASCE 05 ME 215.00
1/31/2005 PS-MEDICAL EXAM-J CLARY 150.00
1/10/2005 PKM-HAZARDOUS TREES RE
788.80
Check Total
197.07
6,141.35
685.00
150.00
788.80
387.52
77.62
108.01
25.49
425.12
4,277.15
56.25
50.00
459.00
1,098.66
5521
8424
8285
8296
8298
001706 BARCLAY DEAN INTERIORS 82397
183975
005421 BARGER, KENNETH
183976
004190 BAYLEY, LILLY MAY
183977
007163 BIDDLE CONSULTING GROUF23494
183978
003440 BILL HATCH SPORTS
183979
1/28/05
1/25/05
01552-00
2/2/2005
MSTEL-2/05 PAGER LEASE
387.52
28.84
24.59
24.19
108.01
1/29/2005 MSTEL-PS MDC CELL AIR TII\
25.49
1/31/2005 CM-PRINTING - EXPLORE FE
1/5/2005 SWM-(10) COPIES OF 10-PA(
1/6/2005 SWM-LAKE MANAGEMENT DI
1/6/2005 CD-300 ENVELOPES-PRINTII\
12/30/2004 CHB-PANELS, DIVEDERS, SH
299.55
44.61
42.00
38.96
4,277.15
1/28/2005 MC-INTERPRETER SVC
1/25/2005 MC-INTERPRETER SVC
1/6/2005 MSDP/HR-05 OPAC SOFTWAI
1/28/2005 PRCS-CAMP BASKETBALLS
56.25
50.00
459.00
1,098.66
Page: 2
Final Check List
CITY OF FEDERAL WAY
apChkLst
02/15/2005 2:11 :56PM
Bank: key us bank
Check # Date Vendor
Page: 3
(Continued)
Invoice
183980 2/15/2005 005608 BLACKSHIRE, MARKEITH EBUS/400
Voucher: 183980
183981 2/15/2005 008041 BLIND CLEANERS NORTHWE,7135
Voucher: 183981
~
Qï:'
Inv Date Description
12/27/2004 MSHR-EDUC ASSNT/TUITION
1/3/2005
CH-METAL MINI BLINDS
Amount Paid
1,238.40
407.12
Check Total
1,238.40
407.12
Page: 3
apChkLst
02/15/2005 2:11:56PM
Final Check List
CITY OF FEDERAL WAY
Page: 4
Bank: key us bank
(Continued)
Check #
Date
Vendor
Invoice
183982 2/15/2005
Voucher:
001630 BLUMENTHAL UNIFORM CO 11403630
183982 405051
402313-02
412035
414194
415378
408551
408622
408652
407594
408618
409158
412632
408653
408959
409338
415590
407996
414586
403453
414586-01
405162
414626
415294
411592
414612
400561-80
411590
411748
415902
411597
411767
407125
410783
406675
L
~
--.Çj
Inv Date Description
12/22/2004 PS- UNIFORMS & ACCESS.
12/28/2004 PS- UNIFORMS & ACCESS.
12/28/2004 PS- UNIFORMS & ACCESS.
1/18/2005 PS- UNIFORMS & ACCESS.
2/3/2005 PS- UNIFORMS & ACCESS.
2/3/2005 PS- UNIFORMS & ACCESS.
12/27/2004 PS- UNIFORMS & ACCESS.
12/27/2004 PS- UNIFORMS & ACCESS.
12/27/2004 PS- UNIFORMS & ACCESS.
12/28/2004 PS- UNIFORMS & ACCESS.
12/30/2004 PS- UNIFORMS & ACCESS.
12/30/2004 PS- UNIFORMS & ACCESS.
1/18/2005 PS- UNIFORMS & ACCESS.
1/19/2005 PS- UNIFORMS & ACCESS.
1/20/2005 PS- UNIFORMS & ACCESS.
1/20/2005 PS- UNIFORMS & ACCESS.
2/1/2005 PS- UNIFORMS & ACCESS.
12/21/2004 PS- UNIFORMS & ACCESS.
1/28/2005 PS- UNIFORMS & ACCESS.
12/22/2004 PS- UNIFORMS & ACCESS.
2/3/2005 PS- UNIFORMS & ACCESS.
12/28/2004 PS- UNIFORMS & ACCESS.
1/28/2005 PS- UNIFORMS & ACCESS.
2/3/2005 PS- UNIFORMS & ACCESS.
1/13/2005 PS- UNIFORMS & ACCESS.
2/3/2005 PS- UNIFORMS & ACCESS.
1/14/2005 PS- UNIFORMS & ACCESS.
1/13/2005 PS- UNIFORMS & ACCESS.
2/3/2005 PS- UNIFORMS & ACCESS.
2/3/2005 PS- UNIFORMS & ACCESS.
1/13/2005 PS- UNIFORMS & ACCESS.
1/13/2005 PS- UNIFORMS & ACCESS.
12/28/2004 PS- UNIFORMS & ACCESS.
1/14/2005 PS- UNIFORMS & ACCESS.
12/28/2004 PS- UNIFORMS & ACCESS.
Amount Paid
1,041.54
384.99
380.75
358.88
270.75
234.90
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
100.00
81.55
75.02
68.11
42.43
35.85
32.59
28.29
28.23
27.74
21.76
21.71
20.67
20.60
13.59
10.88
8.70
8.70
5.44
Check Total
4,323.67
Page: 4
apChkLst Final Check list Page: 5
02/15/2005 2:11:56PM CITY OF FEDERAL WAY
Bank: key us bank (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total
183983 2/15/2005 004919 BRATWEAR 303112 1/14/2005 PS-SPECIALIZED POLICE API 440.64
Voucher: 183983 303139 12/27/2004 PS-SPECIALIZED POLICE API 254.59
303155 12/28/2004 PS-SPECIALIZED POLICE API 105.54 800.77
183984 2/15/2005 004315 BRENT'S ALIGNMENT & REPA8637 1/13/2005 MSFL T-FRONT END ALiGNME 56.52 56.52
Voucher: 183984
183985 2/15/2005 008487 BROWN, ARTHUR W EOC REIMB 1/17/2005 PWAD-EOC SUPPLIES HOME 73.96 73.96
Voucher: 183985
183986 2/15/2005 006057 BUCHER,WILLIS & RATLIFF, (FINAL 1/14/2005 AG01-143: PM SUB AREA PL 4,802.29 4,802.29
Voucher: 183986
183987 2/15/2005 008292 BUNK III, RAYMOND FALL 2004 EDUI 1/29/2005 PS-FALL 04 TUITION BUSA5C 5,184.00 5,184.00
Voucher: 183987
183988 2/15/2005 000414 CAFE PACIFIC CATERING INC9596 2/1/2005 PKDBC-CATERING SVC 1,625.40
L. Voucher: 183988 9591 2/1/2005 PKDBC-CATERING SVC 951.84
9599 2/1/2005 PKDBC-CATERING SVC 818.64
...!.. 9581 1/28/2005 PKDBC-CATERING SVC 745.10
0 9594 2/1/2005 PKDBC-CATERING SVC 642.60
9597 2/1/2005 PKDBC-CATERING SVC 595.00
9593 2/1/2005 PKDBC-CATERING SVC 510.00
9598 2/1/2005 PKDBC-CATERING SVC 468.00
9595 2/1/2005 PKDBC-CATERING SVC 363.72
9615 1/31/2005 PKDBC-CATERING SVC 169.16
9614 1/31/2005 PKDBC-CATERING SVC 156.40
9582 1/28/2005 PKDBC-CATERING SVC 136.62
9590 2/1/2005 PKDBC-CATERING SVC 122.60
9592 2/1/2005 PKDBC-CATERING SVC 122.60
9616 1/31/2005 PKDBC-CATERING SVC 103.32
9613 1/31/2005 PKDBC-CATERING SVC 90.46
9533 1/20/2005 PKDBC-CATERING SVC 49.80 7,671.26
183989 2/15/2005 000991 CASCADE COFFEE INC 20407261 1/24/2005 MSM&D-1/05 MTG COFFEE SI 156.64 156.64
Voucher: 183989
183990 2/15/2005 003093 CASCADE COMPUTER MAINT9096485 1/11/2005 MSDP-2/05-HPLJ8150DNC426 685.44
Voucher: 183990 9096804 1/17/2005 MSDP-1/05 HP LASER JET 104.09 789.53
183991 2/15/2005 004359 CENTURY SQUARE SELF-STC6479 1/2/2005 PKRCS-1/05-STORAGE FEES 109.00 109.00
Voucher: 183991
Page: 5
apChkLst
02/15/2005 2:11 :56PM
Final Check List
CITY OF FEDERAL WAY
Page: 6
Bank: key us bank
(Continued)
Check #
Vendor
Invoice
Date
2/4/05
05-013584
.r.
AG04-43 #4
AG04-57 #6
AG04-189 #2
AG04-127 #4
AG04-184 #3
183997 2/15/2005 008617 CITY OF UNIVERSITY PLACE AR-1011
Voucher: 183997
183998 2/15/2005 003752 COASTWIDE SUPPLY DBA
Voucher: 183998
183999 2/15/2005
Voucher:
184000 2/15/2005
Voucher:
T1454927
T149942
T1459623
T1459942-2
T1459942-1
T1458825
T1457908
T1454927-2
T1445941
T1454927-1
T1448328-4
T1448328-3
T1454927-3
T1459942-3
T1454927
007591 COMMERCIAL SPACE ONLlNE66165
183999
002935 COMMISSION ON ACCREDITP23010
184000
Inv Date Description
1/13/2005 AG03-152:12/04 PAC HWY SO
2/4/2005
MC-INTERPRETER SVC
PS-6/05 DEPOSIT FEE CHANt
2/11/2005 PS-DEC04 PRISONER LODGII
11/30/2004 AG04-43:RET HELD-EMERAU
9/2712004 AG04-57:RET HELD-CONNEC
1/31/2005 AG04-189A:RET HELD-STATE
1/18/2005 AG04-127C:RET HELD-EVERC
2/1/2005 AG04-184:RET HELD-ROYAL I
1/21/2005 CC-1/2 OF ERIC FAISON'S RE
1/11/2005
1/24/2005
1/24/2005
1/26/2005
1/25/2005
1/20/2005
1/19/2005
1/17/2005
1/6/2005
1/13/2005
1/19/2005
1/6/2005
1/26/2005
1/28/2005
1/24/2005
2/11/2005
JANITORIAL SUPPLIES
PKDBC-HOUSEHOLD SUPPLI
PKCHB-JANITORIAL SUPPLIE
PKDBC-HOUSEHOLD SUPPLI
PKRCS-JANITORIAL SUPPLIE
JANITORIAL SUPPLIES
JANITORIAL SUPPLIES
JANITORIAL SUPPLIES
JANITORIAL SUPPLIES
JANITORIAL SUPPLIES
JANITORIAL SUPPLIES
JANITORIAL SUPPLIES
JANITORIAL SUPPLIES
PKRCS-JANITORIAL SUPPLIE
JANITORIAL SUPPLIES
CM-1/05 PROPERTY DATABA
1/24/2005 PS-COMM CONF-WILSON & ~
Amount Paid
30,979.73
35.00
50.00
2,305.43
3,091.26
1,390.11
1,116.04
431.08
385.86
57.50
1,139.73
623.83
287.40
213.65
100.10
90.22
56.99
37.60
37.49
32.64
28.59
28.40
21.44
10.81
-39.91
100.00
760.00
Check Total
30,979.73
35.00
50.00
2,305.43
6,414.35
57.50
2,668.98
100.00
760.00
183992 2/15/2005 001481 CH2M HILL NORTHWEST INC 39494684
Voucher: 183992
183993 2/15/2005 005712 CHANG, JENNY
Voucher: 183993
183994 2/15/2005 008619 CHANNEL ISLANDS CHALLENCURTIS TUCKE 2/11/2005
Voucher: 183994
183995 2/15/2005 000011 CITY OF AUBURN
Vouche~ 183995
183996 2/15/2005 000951 CITY OF FEDERAL WAY
Voucher: 183996
Page: 6
apChkLst Final Check List Page: 7
02/15/2005 2:11 :56PM CITY OF FEDERAL WAY
Bank: key us bank (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total
184001 2/15/2005 008290 CONNECTED TECHNOLOGleAG04-57 #6 9/27/2004 AG04-57B:NEW CH-LOW VOL 28,858.41 28,858.41
Voucher: 184001
184002 2/15/2005 008445 COPIERS NORTHWEST INC 18747 1/6/2005 MIS:PRINTER & FAX TONER I 305.84
Voucher: 184002 19370 2/2/2005 MIS:PRINTER & FAX TONER I 203.89
18778 1/7/2005 MIS:PRINTER & FAX TONER I 203.89
18853 1/11/2005 MIS:PRINTER & FAX TONER I 150.58
19107 1/21/2005 MIS:PRINTER & FAX TONER I 150.58
19147 1/24/2005 MIS:PRINTER & FAX TONERI 104.45
19183 1/25/2005 MIS:PRINTER & FAX TONER I 104.45
18781 1/7/2005 MIS:PRINTER & FAX TONER I 57.54 1,281.22
184003 2/15/2005 000721 CORLISS RESOURCES INC 42426 1/14/2005 PKM-ECOLOGY BLOCKS/INV~ 380.80
L Voucher: 184003 42427 1/14/2005 PKM-ECOLOGY BLOCKS/INV~ 380.80
43279 1/25/2005 PWS-5/8 CRUSHED ROCK 43.57 805.17
...r:. 184004 2/15/2005 000771 COSTCO/HSBC BUSINESS SCJAN2005 1/26/2005 JAN05-COSTCO SUPPLIES 797.39 797.39
~ Voucher: 184004
184005 2/15/2005 008651 CRONE, HEATHER MILEAGE REIMI 1/14/2005 CD-CENSUS MILEAGE REIME 108.95 108.95
Voucher: 184005
184006 2/15/2005 000854 0 J TROPHY 00215254 1/10/2005 MSHR-PLAQUE/ENGRAVING 29.38
Voucher: 184006 00215401 2/2/2005 PS-ENGRAVING SERVICES 8.70 38.08
184007 2/15/2005 000168 DAILY JOURNAL OF COMMER3163582 1/22/2005 PWST-LEGAL NOTICE 2005 A 656.20 656.20
Voucher: 184007
184008 2/15/2005 000438 DELI SMITH & CHOCOLATE J(0840 1/19/2005 MC-1/19/05 LUNCH MEETING 50.44 50.44
Voucher: 184008
184009 2/15/2005 000773 DELS FARM SUPPLY 5696 11/16/2004 SWM- BALED STRAW; INVOI( 32.57 32.57
Voucher: 184009
184010 2/15/2005 000578 DETAIL PLUS 244 1/11/2005 MSFL T-CAR WASH SVCS 146.88
Voucher: 184010 242 1/20/2005 MSFL T-CAR WASH SVCS 146.88
243 1/21/2005 MSFL T-CAR WASH SVCS 146.88
102 1/24/2005 MSFL T-CAR WASH SVCS 146.88
247 1/24/2005 MSFL T-CAR WASH SVCS 146.88
300 1/24/2005 MSFL T-CAR WASH SVCS 146.88
301 1/24/2005 MSFL T-CAR WASH SVCS 146.88
302 1/24/2005 MSFL T-CAR WASH SVCS 146.88 1,175.04
024208492000 1/22/2005 PKDBC-(1/05) DIRECTORY A[ 379.60 379.60
184011 2/15/2005 005922 DEX MEDIA WEST
Voucher: 184011
Page: 7
apChkLst Final Check List Page: 8
02/15/2005 2:11:56PM CITY OF FEDERAL WAY
Bank: key us bank (Continued)
Check # Date Vendor Invoice Inv Date DescriDtion Amount Paid Check Total
184012 2/15/2005 004932 DISCOUNT SCHOOL SUPPLY P12217780101 1/20/2005 PRCS-PRESCHOOL SUPPLIE 105.87 105.87
Voucher: 184012
184013 2/15/2005 005275 DMCJA, STEPHEN SHEL TON:D TRACY 11/24/2004 MC-2005 DMCJA DUES-D TRi 250.00
Voucher: 184013 PLATTER 11/24/2004 MC-2005 DMCJA DUES-A PLA 200.00 450.00
184014 2/15/2005 008039 DMX MUSIC 191913 1/1/2005 MIS-(1/05) DBS STANDARD 79.38 79.38
Voucher: 184014
184015 2/15/2005 005341 DODD, ESCOLASTICA ROSA 1/25/05 1/25/2005 MC-INTERPRETER SVC 150.00
Voucher: 184015 2/1/05 2/1/2005 MC-INTERPRETER SVC 140.00
2/4/05 2/4/2005 MC-INTERPRETER SVC 120.00
2/7/05 2/7/2005 MC-INTERPRETER SVC 90.00
1/24/05 1/24/2005 MC-INTERPRETER SVC 80.00
L 1/26/05 1/26/2005 MC-INTERPRETER SVC 80.00 660.00
184016 2/15/2005 001432 DON SMALL & SONS OIL DIST12463 1/19/2005 PKM-STL LK ANNEX FUEL - 314.15 314.15
~ Voucher: 184016
~ 184017 2/15/2005 008297 DOWNER CORP AG04-127 #4 1/18/2005 AG04-127B:NEW CH-SIGNS - 8,949.26 8,949.26
Voucher: 184017
184018 2/15/2005 007548 DOXTATER & COMPANY LLC JAN2005 1/3/2005 AG04-143:1/05 KOREAN FESl 5,431.00
Voucher: 184018 HWR020105 2/1/2005 AG04-143:2/05 KOREAN FESl 5,431.00 10,862.00
184019' 2/15/2005 005842 DPK INC AG03-101 #18 1/15/2005 AG03-101B:PAC HWY HOV L~ 95,213.88 95,213.88
Voucher: 184019
184020 2/15/2005 007612 DRAKE, WILLIAM E 1648059 1/28/2005 PS-TARGUS WIRELESS PRE~ 54.39
Voucher: 184020 621007 1/28/2005 PS-CHARGES FOR MOTORC' 37.95
1648062 1/28/2005 PS-SPEAKER FOR LAPTOP F 30.44 122.78
184021 2/15/2005 000939 DS WATERS OF AMERICA, LP1325534-15 1/28/2005 PKKFT-WTR/CL RNTL ACCT# 64.00
Voucher: 184021 1325538-15 1/28/2005 PKDBC-WTR/CL RNTL ACCn 35.72 99.72
Page: 8
apChkLst
02/15/2005 2:11 :56PM
Bank: key us bank
Check # Date Vendor
Final Check List
CITY OF FEDERAL WAY
Page: 9
(Continued)
Invoice
000570 EAGLE TIRE & AUTOMOTIVE 11038563
184022 1038732
1039413
1039177
1039271
1038850
1038907
1038946
1039320
1038479
1038730
1038873
1038853
1038894
1038539
1039006
1039034
1038569
1038658
1038518
1039414
1038953
1038804
1038970
1036885
1039466
1039478
1037394
1038744
1039064
1038763
1039388
184022 2/15/2005
Voucher:
C
-L
--C
Inv Date DescriDtion
12/15/2004 PS- REPAIRISVCITIRES
12/27/2004 PS- REPAIR/SVCITIRES
2/3/2005 PS- REPAIR/SVCITIRES
1/19/2005 PS- REPAIR/SVCITIRES
1/25/2005 PS- REPAIR/SVCITIRES
1/3/2005 PS- REPAIR/SVCITIRES
1/5/2005 PS- REPAIR/SVCITIRES
1/6/2005 PS- REPAIR/SVCITIRES
1/28/2005 PS- REPAIR/SVCITIRES
12/10/2004 PS- REPAIR/SVCITIRES
12/27/2004 PS- REPAIR/SVCITIRES
1/4/2005 PS- REPAIR/SVCITIRES
1/3/2005 PS- REPAIR/SVCITIRES
1/5/2005 PS- REPAIR/SVCITIRES
12/14/2004 PS- REPAIR/SVCITIRES
1/10/2005 PS- REPAIR/SVCITIRES
1/11/2005 PS- REPAIR/SVCITIRES
12/15/2004 PS- REPAIR/SVCITIRES
12/21/2004 PS- REPAIR/SVCITIRES
12/13/2004 PS- REPAIR/SVCITIRES
2/3/2005 PS- REPAIR/SVCITIRES
1/7/2005 PS- REPAIR/SVCITIRES
12/30/2004 PS- REPAIR/SVCITIRES
1/7/2005 PS- REPAIR/SVCITIRES
9/20/2004 PS- REPAIR/SVCITIRES
2/7/2005 PS- REPAIR/SVCITIRES
2/8/2005 PS- REPAIR/SVCITIRES
10/18/2004 PS- REPAIR/SVCITIRES
12/28/2004 PS- REPAIR/SVCITIRES
1/13/2005 PS- REPAIR/SVCITIRES
12/29/2004 PS- REPAIR/SVCITIRES
2/1/2005 PS- REPAIR/SVCITIRES
Amount Paid
708.43
657.33
550.36
499.70
477.37
437.01
405.54
374.82
318.99
272.38
229.63
193.78
186.36
160.25
100.92
99.89
85.98
80.56
63.15
58.23
57.98
32.61
31.05
28.84
23.31
23.31
23.31
20.12
18.49
18.49
13.32
7.77
Check Total
6,259.28
Page: 9
apChkLst
02/15/2005 2:11:56PM
Final Check List
CITY OF FEDERAL WAY
Page: 10
Bank: key us bank
(Continued)
Check # Date Vendor
184023 2/15/2005 006177 EARL, SHARYN LYNN
Voucher: 184023
Invoice
050009
050017
050011
050008
050015
050010
050012
050014
050013
72378-336051
184024 2/15/2005 001879 EARTH TECH INC
Voucher: 184024
184025 2/15/2005 008517 ECOCHICA DESIGN
I Voucher: 184025
"--. 184026 2/15/2005 008580 ECOGRAPHICS INC
..L Voucher: 184026
V) 184027 2/15/2005 003948 EDGEWOOD FIREPLACE SHC25262
Voucher: 184027 25224
184028 2/15/2005 000152 ELECTRO PRODUCTS/CABLE203568
Voucher: 184028
184029 2/15/2005 000343 ELEPHANT CAR WASH
Voucher: 184029
184030 2/15/2005 007283 EMERALD AIRE INC
Voucher: 184030
76
77
9801
200
AG04-43 #4
48160
48044
184031 2/15/2005 007919 EMPIRE FÀCILITY SERVICES 112352
Voucher: 184031
184032 2/15/2005 006514 ENGINEERING BUSINESS SY~20327
Voucher: 184032
184033 2/15/2005 001046 EQUIFAX CREDIT INFORMATI8998559
Voucher: 184033
184034 2/15/2005 004840 EVAC-EMERGENCY VEHICLE 103943
Voucher: 184034 103632
184035 2/15/2005 001131 EVERGREEN AUTO ELECTRIC8597
Voucher: 184035 8669
8674
Inv Date DescriDtion Amount Paid
1/20/2005 PARKS BROCHURE, SPRING 1,590.00
1/27/2005 SUMMER CAMPS FLYERS 240.00
1/20/2005 MAD HUTTER'S MOTHER'S D 217.50
1/20/2005 HOOKED ON FISHING FLYER 112.50
1/24/2005 RACK CARD "EXPLORE FED' 97.50
1/20/2005 FLASHLIGHT EGGHUNT FL YE 97.50
1/20/2005 EARTH DAY FLYER 75.00
1/20/2005 POOL SCHEDULE 75.00
1/20/2005 FRIDAY NIGHT SCAPPERS Fl 22.50
1/31/2005 AG03-202:1/05 COMM CTR SL 519.00
1/12/2005 PWSWR- MULTI-FAMILY OUT 973.00
1/12/2005 PWSWR- LABELS; PRINTING 535.00
1/12/2005 PWSWR- BLUE RECYCLING ¡ 1,680.36
1/10/2005 PWT-EQUIPMENT REPAIRS 86.99
1/6/2005 PWT-EQUIPMENT REPAIRS 32.64
1/28/2005 MS-VGA CABLE FOR VIDEO F 37.00
12/31/2004 PS-12/04-CAR WASH SERVIC 454.64
11/30/2004 AG04-43:HVAC NEW CITY HA 64,174.49
1/18/2005 CHB-12/04 HEATING PROBLE 1,060.03
1/25/2005 CHB-1/19/05 HEATING PROBL 379.71
12/16/2004 CM-OFFICE PLANNING, FUR~ 29,208.44
1/19/2005 MSDP-REPLACEMENT OF GL 394.81
1/25/2005 PS-(1/05) CREDIT REPORTS 21.56
1/17/2005 PS-AUTO REPAIRS/INSTALLP 330.97
11/4/2004 PS-AUTO REPAIRS/INSTALLP 130.56
1/7/2005 MSFL T - REPAIR/SVC 503.48
1/14/2005 MSFL T- REPAIR/SVC 465.04
1/17/2005 MSFLT- REPAIR/SVC 443.14
Check Total
2,527.50
519.00
1,508.00
1,680.36
119.63
37.00
454.64
65,614.23
29,208.44
394.81
21.56
461.53
1,411.66
Page: 10
apChkLst
02/15/2005 2:11:56PM
Final Check List
CITY OF FEDERAL WAY
Page: 11
Bank: key us bank
Check # Date
184036 2/15/2005
Voucher:
184037 2/15/2005
Voucher:
184038 2/15/2005
Voucher:
184039 2/15/2005
Voucher:
184040 2/15/2005
Voucher:
L
.L
C-
184041 2/15/2005
Voucher:
184042 2/15/2005
Voucher:
184043 2/15/2005
Voucher:
184044 2/15/2005
Voucher:
184045 2/15/2005
Voucher:
(Continued)
Vendor
Invoice
Inv Date DescriDtion
1/11/2005 PS-2005 FBINAA DUES-KIRKF
11/11/2005 PS-2005 FBINAA DUES-B WIL
1/1/2005 CM-AD FOR CHAMBER'S 200!
2/14/2005 PS-GLOCK 17 9MM WINS
1/11/2005 PKKFT-LODING:ARTERBERR
1/15/2005 FEDERAL WAY MIRROR
1/8/2005 FEDERAL WAY MIRROR
1/15/2005 FEDERAL WAY MIRROR
1/2/2005 FEDERAL WAY MIRROR
1/22/2005 FEDERAL WAY MIRROR
1/29/2005 FEDERAL WAY MIRROR
1/8/2005 FEDERAL WAY MIRROR
1/8/2005 FEDERAL WAY MIRROR
1/15/2005 FEDERAL WAY MIRROR
1/2/2005 FEDERAL WAY MIRROR
1/8/2005 FEDERAL WAY MIRROR
1/12/2005 FEDERAL WAY MIRROR
1/15/2005 FEDERAL WAY MIRROR
1/2/2005 FEDERAL WAY MIRROR
2/1/2005 PS-JAN 05 OFFICER LUNCHE
12/17/2004 PS-DEC 04 OFFICER LUNCHE
1/25/2005 PKM-1/2 IRRIGATION AT
2/15/2005 MSF-(1/05) SCHL IMPACT FEE
1/20/2005 CD-LASER PRINT COLOR-CO
1/31/2005 MSMD-1/05 COPIER RPR,MN-
Amount Paid
65.00
65.00
200.00
510.27
43.84
219.12
212.48
212.48
172.64
159.30
159.30
146.08
141.60
141.60
92.96
87.24
84.12
83.66
57.10
311.25
193.30
14.48
52,766.00
87.04
29.14
Check Total
130.00
200.00
510.27
43.84
1,969.68
504.55
14.48
52,766.00
87.04
29.14
003130 FBINAA WASHINGTON CHAPlKIRKPATRICK
184036 B WILSON
000229 FEDERAL WAY CHAMBER CO1739
184037
003121 FEDERAL WAY DISCOUNT GL053072
184038
000220 FEDERAL WAY EXECUTEL 170520
184039
004270 FEDERAL WAY MIRROR
184040
006004
005993
006003
005984
017587
017618
005994
017516
017545
005982
005992
005996
006005
005983
004690 FEDERAL WAY NUTRITION SE0201 FWPD
184041 1217FWPD
001183 FEDERAL WAY PUBLIC SCHOAR03908
184042
001893 FEDERAL WAY SCHOOL DISTSIF-JAN 2005
184043
004910 FILETEX LLC
184044
001686 FIRST CHOICE BUSINESS MAOO010530
184045
04-1573
Page: 11
apChkLst Final Check List Page: 12
02/15/2005 2:11:56PM CITY OF FEDERAL WAY
Bank: key us bank (Continued)
Check # Date Vendor Invoice Inv Date DescriDtion Amount Paid Check Total
184046 2/15/2005 001299 FORD GRAPHICS 03-054504 1/14/2005 PWST- 2005 ASPH. OVRL Y; P 719.09
Voucher: 184046 03-052791 1/5/2005 PWTR-WESTWAY PROJ.; PRI 320.02
03-056403 1/24/2005 PWTR-FLYER FOR CITY CEN 130.56
03-052681 1/5/2005 PWTR-WESTWAY PROJ.; CO 88.07 1,257.74
184047 2/15/2005 006028 FREEBORN LAW OFFICES PS1/24-1/28/05 1/28/2005 MC-PRO TEM SVC 24.75 HOU 1,237.50 1,237.50
Voucher: 184047
184048 2/15/2005 005439 FREEBORN,SUE 1/27/05 1/27/2005 MC-PRO TEM JUDGE 6.5 HR~ 325.00 325.00
Voucher: 184048
184049 2/15/2005 002870 FREEWAY TRAILER SALES IN037527 1/12/2005 MSFL T-UMS BOARD #460 46.01 46.01
Voucher: 184049
184050 2/15/2005 004566 G&M HONEST PERFORMANC 72527 1/18/2005 MSFLT-BLK RUBBER FLOOR 59.15
Voucher: 184050 72114 1/4/2005 MSFLT-MINIATURE LAMP 10.67 69.82
184051 2/15/2005 003118 GALLS INC 5746714100024 1/14/2005 PS-CLOTHING/EQUIP 579.03
L Voucher: 184051 5746714100016 12/23/2004 PS-CLOTHING/EQUIP 484.83
~ 5751197601019 1/20/2005 PS-CLOTHING/EQUIPMENT 211.17
5749893401015 1/13/2005 PS-CLOTHING/EQUIP 100.19
5749893401023 1/18/2005 PS-CLOTHING/EQUIP 93.75 1,468.97
184052 2/15/2005 006609 GANG PREVENTION SERVICE2005-07 1/6/2005 PS-4/20-4/21/05 B LISLE GAN( 150.00 150.00
Voucher: 184052
184053 2/15/2005 000117 GFOA-GOV'T FINANCE OFFICO042003 1/25/2005 MS-4/1/05 - 3/31/06 GFOA DUI 580.00 580.00
Voucher: 184053
184054 2/15/2005 004824 GOS PRINTING CORPORATIO63151 1/26/2005 MSF-BLANK WHITE PAPER 47.11 47.11
Voucher: 184054
184055 2/15/2005 003831 GSR POLYGRAPH SERVICES 1/31/05 1/31/2005 PS-1/05 POLYGRAPH EXAMS 375.00 375.00
Voucher: 184055
184056 2/15/2005 000671 H D FOWLER COMPANY 1603950 1/25/2005 PKM-IRRIGATION SUPPLIES/I 102.15
Voucher: 184056 1603948 1/25/2005 PKM-IRRIGATION SUPPLIES 28.64 130.79
184057 2/15/2005 008236 HAWORTH CORPORATION 1 D184578 8/17/2004 NEW CITYHALL-CUBICLE CO 4,440.35 4,440.35
Voucher: 184057
184058 2/15/2005 001367 HDR ENGINEERING INC M-91507 2/3/2005 AG04-96:1/05 S 356 WIDENINI 939.30 939.30
Voucher: 184058
184059 2/15/2005 003841 HEAD-QUARTERS PIS 11086 2/1/2005 PKMT/SANICAN SERVICES 406.50 406.50
Voucher: 184059
184060 2/15/2005 000724 HOMEGUARD SECURITY SERBE3666 2/2/2005 PKM-ALARM MONITORING S' 287.40 287.40
Voucher: 184060
Page: 12
Final Check List
CITY OF FEDERAL WAY
Page: 13
(Continued)
Invoice
apChkLst
02/15/2005 2:11:56PM
Bank: key us bank
Check # Date Vendor
C13271A
C13290A
123104
184061 2/15/2005 005625 I/O SOLUTIONS LLC
Voucher: 184061
184062 2/15/2005 003670 IABTI
Voucher: 184062
184063 2/15/2005 002898 IACP
Voucher: 184063
1572795
1569008
1571038
1571954
184064 2/15/2005 000126 ICMA-INT'L CITY MNGMT ASSI206941
Voucher: 184064
184065 2/15/2005 005658 INLAND TECHNOLOGY INC 50216
Voucher: 184065
L, 184066 2/15/2005 001483 INSTITUTE OF MGMT ACCOU27548
-t Voucher: 184066
<.s:; 184067 2/15/2005 003211 I RON MOU NT AI N/SAFESITE I MS22983
Voucher: 184067
184068 2/15/2005 005025 J&R COMMERCIAL INC
Voucher: 184068
184069 2/15/2005
Voucher:
184070 2/15/2005
Voucher:
184071 2/15/2005
Voucher:
184072 2/15/2005
Voucher:
184073 2/15/2005
Voucher:
2327
2328
2326
1/26/05
005444 JENSEN, KRIS ROBERT
184069
007157 JONES & STOKES ASSOCIATI0023127
184070
003462 JUNKER, RYAN
184071
005934 K P TRANSLATION SERVICES 1/26/05
184072 1/11/05
1/12/05
1/25/05
10/7/03
1/18/05
003309 KCDA PURCHASING COOPER65088601
184073
18094
Inv Date DescriDtion
1/21/2005 MSHR-POLICE OFFICER TES'
1/24/2005 MSHR-POLICE OFFICER TES'
12/31/2004 PS-W SHOCKLEY 2005 IABTI
Amount Paid
135.00
105.00
50.00
Check Total
240.00
50.00
400.00
1,044.80
130.56
175.00
806.07
5,613.09
200.00
2,112.50
100.00
922.50
62.33
12/31/2004 PS-2005 MBSHP DUES- A HW 100.00
12/31/2004 PS-2005 IACP MBSHP DUES 100.00
12/31/2004 PS-2005 IACP MBSHP DUES 100.00
12/31/2004 PS-2005 IACP MBSHP DUES 100.00
1/1/2005 CM-05 MOSELEY MEMBERS!- 1,044.80
1/27/2005 PS-POLICE SUPPLIES 130.56
1/1/2005 MSF-2005 MBRSHP DUES-D J. 175.00
1/31/2005 MSC-(1/05) RECORDS STORJ 806.07
1/21/2005 CHB-1/05-JANITORIAL SVCS 4,904.76
1/21/2005 PKM: 1/05 MT OFF-JANITORIJ. 375.00
1/21/2005 PKM: 1/05 STEEL LK-JANITOF 333.33
1/26/2005 MC-PRO TEM JUDGE 4.0 HOl 200.00
1/7/2005 AG03-190:12/04 CITY CTR PL¡ 2,112.50
1/18/2005 PS-ANNUAL BOOT ALLOWAN 100.00
1/26/2005 MC-INTERPRETER SVC 206.25
1/11/2005 MC-INTERPRETER SVC 161.25
1/12/2005 MC-INTERPRETER SVC 161.25
1/25/2005 MC-INTERPRETER SVC 161.25
10/7/2003 MC-INTERPRETER SVC 116.25
1/18/2005 MC-INTERPRETER SVC 116.25
1/3/2005 PWSWR-RECYCLING CONTA 62.33
Page: 13
apChkLst
02/15/2005 2:11 :56PM
Final Check List
CITY OF FEDERAL WAY
Page: 14
Bank: key us bank
(Continued)
Check #
Vendor
Invoice
Date
184074 2/15/2005 000125 KING COUNTY FINANCE DIVI~1341572
Voucher: 184074 1323196
1341446
184075 2/15/2005 005568 KING COUNTY FLEET ADM 01'202710
Voucher: 184075
184076 2/15/2005 003898 KING COUNTY RADIO 00401759
Voucher: 184076 401598
184077 2/15/2005 000302 KI NG COU NTY RECORDS, ELE 11 /30/04
Voucher: 184077
184078 2/15/2005 000267 KING COUNTY SHERIFF'S OF105-005
Voucher: 184078
184079 2/15/2005 000376 KING COUNTY WATER & LANI1590
Voucher: 184079
C. 184080 2/15/2005 000201 KINKO'S lNG, ACCOUNT #020!5151 00074645
-C Voucher: 184080 515100074468
~. 515100074585
515100074468
515100074482
515100074576
515100074586
515100074498
515100074421
515100074469
515100074516
515100074552
515100074637
515100074532
515100074529
515100074530
515100074460
515100074672
39574
184081 2/15/2005 000032 KROLL MAP COMPANY INC
Voucher: 184081
184082 2/15/2005 003399 KVASNYUK, NIKOLAY 1/4/05-1/18/05
Voucher: 184082
Inv Date DescriDtion
1/24/2005 PS-{12/04} KING CO JAIL
12/21/2004 AG03-161 :(1/05)-I-NET SVCS I
1/24/2005 AG03-161:(2/05)-I-NET SVCS I
2/2/2005 PWST-1/05 SIGN FOR DE-ICIt
2/2/2005 MSTEL-RADIO SERVICES -
1/25/2005 MSTEL-TECH LABOR-
2/2/2005 MSC-(12/03 - 11/04) KC ELEC-
1/6/2005 PS-WEB-BASED INF-REGION.
2/7/2005 SWM-2005 SURFACE WATER
2/3/2005 KINKO'S PRINTING SVCS
1/11/2005 KINKO'S PRINTING SVCS
1/25/2005 KINKO'S PRINTING SVCS
2/7/2005 KINKO'S PRINTING SVCS
1/12/2005 KINKO'S PRINTING SVCS
1/24/2005 KINKO'S PRINTING SVCS
1/25/2005 KINKO'S PRINTING SVCS
1/13/2005 KINKO'S PRINTING SVCS
1/5/2005 KINKO'S PRINTING SVCS
1/11/2005 KINKO'S PRINTING SVCS
1/17/2005 KINKO'S PRINTING SVCS
1/20/2005 KINKO'S PRINTING SVCS
2/2/2005 KINKO'S PRINTING SVCS
1/19/2005 KINKO'S PRINTING SVCS
1/19/2005 KINKO'S PRINTING SVCS
1/19/2005 KINKO'S PRINTING SVCS
1/10/2005 KINKO'S PRINTING SVCS
2/7/2005 KINKO'S PRINTING SVCS
1/20/2005 PWST-KROLL MAP FOR KAn
2/1/2005
MC-INTERPRETER SVC
Amount Paid
9,580.08
800.00
800.00
111.21
5,494.00
49.37
73,980.05
397.00
1,735.36
915.66
826.44
652.80
588.93
582.08
435.20
431.81
408.00
383.96
344.40
340.00
337.28
270.64
151.78
94.23
90.30
22.41
16.32
252.96
250.00
Check Total
11,180.08
111.21
5,543.37
73,980.05
397.00
1,735.36
6,892.24
252.96
250.00
Page: 14
apChkLst Final Check List Page: 15
02/15/2005 2:11:56PM CITY OF FEDERAL WAY
Bank: key us bank (Continued)
Check # Date Vendor Invoice Inv Date DescriDtion Amount Paid Check Total
184083 2/15/2005 005837 LAIRD, DOUG CLOTHING ALl! 2/8/2005 PS-ANNUAL DETECTIVE CLO 275.00 275.00
Voucher: 184083
184084 2/15/2005 000096 LAKE HAVEN UTILITY DISTRIC2906301 1/28/2005 PKM-UTILITIES 88.45
Voucher: 184084 2961501 1/20/2005 PWS-WATER SVCS- 81.71
1014202 1/28/2005 PKM-UTILITIES 78.90
3059601 1/25/2005 PKM-UTILITIES 14.48
2592802 1/28/2005 PKM-UTILITIES 14.48
2781501 1/28/2005 PKM-UTILITIES 14.48 292.50
184085 2/15/2005 008475 LATITUDE 3 MEDIA GROUP LL4606 1/20/2005 CM-ADVERTISEMENT IN GLC 1,200.00 1,200.00
Voucher: 184085
184086 2/15/2005 004052 LAW ENFORCEMENT EQUIPrv12290406 12/28/2004 PS-SAFETY EQUIPMENT 126.32
Voucher: 184086 01150503 1/7/2005 PS-SAFETY EQUIPMENT 117.50
I' 12290405 12/28/2004 PS-SAFETY EQUIPMENT 76.76 320.58
-
Ú' 184087 2/15/2005 008332 LAW OFFICE OF RIC W ARMSCA31771 1/27/2005 AG04-160A:1/27 CONFLICT PI 150.00 150.00
Voucher: 184087
Ci 184088 2/15/2005 005668 LAW OFFICES OF DESMOND JAN2005 2/2/2005 AG01-62C:1/05 PUBLIC DEFEI 1,500.00 1,500.00
Voucher: 184088
184089 2/15/2005 007050 LAW OFFICES OF HAL GEIERAG02-125 #39 2/1/2005 AG02-125B: 2/05-PUBLIC DEF 19,920.00 19,920.00
Voucher: 184089
184090 2/15/2005 006144 LEGEND DATA SYSTEMS INC53483 2/1/2005 PS-BADGE HOLDER, PROX C 124.41 124.41
Voucher: 184090
184091 2/15/2005 003474 LEIRA (LAW ENFORCEMENT 12005 1/18/2005 PS-2005 LEIRA MEMBERS FE 365.00 365.00
Voucher: 184091
184092 2/15/2005 003664 LlLE INTERNATIONAL COMPA431997 1/28/2005 CM - CITY HALL, POLICE, ANI 8,272.00 8,272.00
Voucher: 184092
184093 2/15/2005 000630 LLOYD ENTERPRISES INC 78593 1/12/2005 PKM-PRO GRO NEW CITY HP 409.63
Voucher: 184093 78985 1/27/2005 PRO GRO-NEW CH PARKING 409.63
78769 1/20/2005 PWS-PLAYFIELDSAND 59.71 878.97
184094 2/15/2005 004149 LMI OFFICE SUPPLY NOTARY RENE' 2/1/2005 MSF-J CLARK NOTARY OFFIC 106.00 106.00
Voucher: 184094
Page: 15
apChkLst
02/15/2005 2:11:56PM
Final Check List
CITY OF FEDERAL WAY
Page: 16
Bank: key us bank
(Continued)
Check #
Vendor
Date
184095 2/15/2005 005339 LOWE'S HIW INC
Voucher: 184095
Invoice
Inv Date Descriotion
913753 1/18/2005
913886 1/20/2005
931070 1/14/2005
913920 1/7/2005
913794 1/18/2005
913457 1/14/2005
963049 1/11/2005
931869 1/12/2005
913974 1/21/2005
963757 1/6/2005
913393 1/14/2005
931452 1/14/2005
913867 1/19/2005
913889 1/24/2005
MILEAGE REIMI 1/31/2005
MILEAGE REIMI 2/3/2005
3736 1/20/2005
JAN2005 LOWE'S SUPPLIES
JAN2005 LOWE'S SUPPLIES
JAN2005 LOWE'S SUPPLIES
JAN2005 LOWE'S SUPPLIES
JAN2005 LOWE'S SUPPLIES
JAN2005 LOWE'S SUPPLIES
JAN2005 LOWE'S SUPPLIES
JAN2005 LOWE'S SUPPLIES
NEW CH-SUPPLIES
JAN2005 LOWE'S SUPPLIES
JAN2005 LOWE'S SUPPLIES
JAN2005 LOWE'S SUPPLIES
JAN2005 LOWE'S SUPPLIES
JAN2005 LOWE'S SUPPLIES
CD-CENSUS MILEAGE REIME
CD-CENSUS MILEAGE REIME
PS-#5171 ROCK CHIP REPAIF
L
\.51 184096 2/15/2005 008650 MACGILVRA, GLENN
Voucher: 184096
184097 2/15/2005 008645 MAY VALLEY AUTO GLASS
Voucher: 184097
184098 2/15/2005 007982 MAYER CONSTRUCTION CO., MAYER CONST 2/11/2005 NEW CH-RET REL AG04-42 M
Voucher: 184098
184099 2/15/2005 001234 MCCARTHY CAUSSEAUX ROl9025-00M-150 1/31/2005 AG96-148B:(1/05)HEARING E)
Voucher: 184099
184100 2/15/2005 004182 MCDONOUGH & SONS INC 138453
Voucher: 184100
184101 2/15/2005 005176 MERINO, BETTY
Voucher: 184101
1/27/2005 PKlMT-SWEEP ANNEX PARKI
1/25/05
2/1/05
2/7/05
00015385
00015423
00015473
184103 2/15/2005 003170 MODERN SECURITY SYSTEM 40954
Voucher: 184103 41257
184104 2/15/2005 003892 MONTGOMERY WATER GROl2004-212
Voucher: 184104
1/25/2005 MC-INTERPRETER SVC
2/1/2005 MC-INTERPRETER SVC
2/7/2005 MC-INTERPRETER SVC
1/4/2005 MSDP-JAN-DEC 2005 @ $25/~
1/4/2005 MSA-TAX AUDIT PROGRAM-
2/1/2005 MSA-TAX AUDIT PROGRAM-
12/25/2004 PKM-(1/05) ALARM MONITOR
1/25/2005 PKM-(2/05) ALARM MONITOR
12/31/2004 AG03-58B:12/04 E LAKOTA C~
184102 2/15/2005 001793 MICROFLEX INC
Voucher: 184102
Amount Paid
437.94
398.98
107.10
64.99
48.37
34.35
21.73
21.73
17.70
16.22
16.14
13.23
11.91
4.29
126.77
103.68
32.62
1,368.38
1,570.50
501 . 19
146.25
135.00
101.25
300.00
117.52
75.80
34.82
34.82
15,662.10
Check Total
1,214.68
230.45
32.62
1,368.38
1,570.50
501.19
382.50
493.32
69.64
15,662.10
Page: 16
apChkLst
02/15/2005 2:11:56PM
Final Check List
CITY OF FEDERAL WAY
Page: 17
Bank: key us bank
(Continued)
Check #
Vendor
Invoice
Date
f
184105 2/15/2005 000699 MUNICIPAL RESEARCH & SEF2503
Voucher: 184105
184106 2/15/2005 001902 MYERS MASTER LAWN CARE820
Voucher: 184106 821
184107 2/15/2005 005532 NACM-NATIONAL ASSOCIATI(G HOFFMAN
Voucher: 184107
184108 2/15/2005 001052 NAPA AUTO PARTS 796945
Voucher: 184108 797818
184109 2/15/2005 004445 NATIONAL SAFETY INC 0145112-IN
Voucher: 184109 0145617-IN
184110 2/15/2005 001018 NELSON TRUCK EQUIPMENT 370395
Voucher: 184110
184111 2/15/2005 008567 NEUDORFER ENGINEERS INC13419
Voucher: 184111
v~
~
,
Inv Date DescriDtion Amount Paid Check Total
2/14/2005 MSC-3/05-3/06 MC CODE HO~ 350.00 350.00
1/31/2005 PKM:1/05 LANDSCAPE MAINl 1,014.71
1/31/2005 CHB:1/05 LANDSCAPE MAINT 121.86 1,136.57
2/1/2005 MC-2005 NACM DUES-G HOF 75.00 75.00
1/6/2005 MSFL T-WINDOW WASH PUM 17.40
1/12/2005 MSFL T-MIRROR 4.32 21.72
1/12/2005 PS-UNIFORM CLOTHING 540.53
1/24/2005 PS-UNIFORM CLOTHING 360.34 900.87
12/28/2004 MSFLT-TRUCK#250 &241 AR 65.28 65.28
1/25/2005 AG04-163:TEST& BALANCE C 6,814.69 6,814.69
Page: 17
apChkLst
02/15/2005 2:11:56PM
Final Check List
CITY OF FEDERAL WAY
Page: 18
Bank: key us bank
(Continued)
Check #
Vendor
Invoice
Date
184112 2/15/2005
Voucher:
000043 NEW LUMBER & HARDWARE 180844
184112 180511
180851
180452
180365
180256
180691
180286
180190
180289
180202
180850
180463
180839
180744
180178
180625
180935
180854
180725
180869
180367
180853
326612
L
\,jt")
'-.JJ
184113 2/15/2005 000089 NEWS TRIBUNE
Vouche~ 184113
184114 2/15/2005 004701 NEXTEL COMMUNICATIONS 400102318-038
Voucher: 184114
184115 2/15/2005 008070 NORTHWEST ACQUISITION L04-331
Voucher: 184115
184116 2/15/2005 004280 NORTHWEST JANITORIAL SUO076389-IN
Voucher: 184116
184117 2/15/2005 003736 NORTHWEST TOWING INC 9656
Voucher: 184117 9554
184118 2/15/2005 000708 NRPA-NAT'L REC & PARKAS~20017452
Voucher: 184118
Inv Date Description
1/24/2005 PKM-CH REPAIR SUPPLlES-
1/13/2005 MSFL T-REPAIR SUPPLIES
1/24/2005 PWST-REPAIR SUPPLIES
1/12/2005 KJP- SUPPLIES
1/10/2005 PKM-GRD REPAIR SUPPLIES
1/6/2005 PWST-REPAIR SUPPLIES
1/19/2005 PWST-REPAIR SUPPLIES
1/7/2005 PKM-CH REPAIR SUPPLlES-
1/5/2005 PWST-REPAIR SUPPLIES
1/7/2005 KJP- SUPPLIES
1/5/2005 PKM-GRD REPAIR SUPPLIES
1/24/2005 SWM-REPAIR SUPPLIES
1/12/2005 SWM-REPAIR SUPPLIES
1/24/2005 PKM-GRD REPAIR SUPPLIES
1/21/2005 PWST-REPAIR SUPPLIES
1/5/2005 PWST-REPAIR SUPPLIES
1/18/2005 KJP- SUPPLIES
1/26/2005 PKM-GRD REPAIR SUPPLIES
1/24/2005 SWM-REPAIR SUPPLIES
1/20/2005 PWST-REPAIR SUPPLIES
1/25/2005 SWM-REPAIR SUPPLIES
1/10/2005 PWST-REPAIR SUPPLIES
1/24/2005 PKM-GRD REPAIR SUPPLIES
12/19/2004 CM-13 WKS NEWSPAPER SU
Amount Paid
73.81
55.18
46.96
43.72
42.05
34.26
31.70
21.98
21.52
20.64
20.54
18.79
15.72
14.18
12.01
6.62
6.01
5.84
3.31
2.94
2.88
1.57
-7.24
138.00
1/29/2005 MSTEL-1/05 CELLULAR AIRTI 3,644.51
1/13/2005 CM-WORKSTATIONS FOR NE 1,816.09
1/24/2005 PS-HOUSEHOLD SUPPLIES 409.58
12/22/2004 PS-12/22/04 TOWING SERVIC 478.18
1/20/2005 PS-1/16 TOWING SERVICES 118.05
1/3/2005 PRCS-B JENSEN 3/05 NAT'L; 720.00
Check Total
494.99
138.00
3,644.51
1,816.09
409.58
596.23
720.00
Page: 18
apChkLst
02/15/2005 2:11:56PM
Final Check List
CITY OF FEDERAL WAY
Page: 19
Bank: key us bank
(Continued)
Check #
Date
Vendor
Invoice
2/2/2005
Inv Date Description
PS-PRE-EMPL PHYSICAL EX}
22086668J365 12/30/2004 CM-OFFICE SUPPLIES
MILEAGE REIMI 2/1/2005
1094
277387
276997
92348
204023
2/7/05
CJN350-80
CD-CENSUS MILEAGE REI ME
10/11/2004 PWSCIP-REIMBURESEMENT
1/13/2005 PWST-MAINTENANCE/REPAI
1/20/2005 PRCS-PUGET SOUNDER PRC
1/12/2005 MSFL T-REPAIR
12/27/2004 MSFL T-REPAIR
1/26/2005 SWM-CIFLLWET TOPSOIL
1/25/2005 PKM-PAINT SUPPLIES
1/5/2005
2/8/2005
2/7/2005
2/3/2005
2/7/2005
2/3/2005
PWSWR-SELF-ADHESIVE LAI
PRCS-LUNCH PURCHASE Fa
MSFL T-VEHICLE REGISTRAT
PS-GUN CLEANING SUPPLlE:
MC-INTERPRETER SVC
PWST-SMALL TOOLS (SHOP)
1/24/2005 CM-PRINTING OF UPDATED (
PS-TUITION REIMB CJA350/C
2/8/2005
Amount Paid
140.00
271.99
4.05
90.00
7.01
57.35
64.24
8.16
1,586.61
60.07
268.19
222.18
502.13
114.16
60.00
3.48
731.53
957.60
Check Total
140.00
271.99
4.05
90.00
7.01
57.35
72.40
1,586.61
60.07
268.19
222.18
502.13
114.16
60.00
3.48
731.53
957.60
184119 2/15/2005 003529 OCCUPATIONAL HEALTH SEF1844-24
Voucher: 184119
184120 2/15/2005 002623 OFFICEMAX CREDIT PLAN
Voucher: 184120
184121 2/15/2005 008652 OGLESBY, TERA
Voucher: 184121
184122 2/15/2005 008644 OH INVESTMENTS, LLC
Voucher: 184122
184123 2/15/2005 000504 ORIENTAL GARDEN CENTER 314271
Voucher: 184123
184124 2/15/2005 000034 ORIENTAL TRADING COMPA~597612302-01
Voucher: 184124
C 184125 2/15/2005 000112 PACIFIC COAST FORD INC
\J\ Voucher: 184125
r 184126 2/15/2005 002379 PACIFIC TOPSOILS INC
~ Voucher: 184126
184127 2/15/2005 000885 PARKER PAINT MANUFACTUF21 0971
Voucher: 184127
184128 2/15/2005 008593 PELICAN PRESS
Voucher: 184128
184129 2/15/2005 001166 PETTY CASH - KLAHANEE KLCC 2/7/05
Voucher: 184129
184130 2/15/2005 007470 PETTY CASH - MGMT. SVC. JAN2005
Voucher: 184130
184131 2/15/2005 006241 PETTY CASH-POLICE DEPT PS 2/3/05
Voucher: 184131
184132 2/15/2005 003520 PHUNG, NOVA C
Voucher: 184132
184133 2/15/2005 000808 PLATT ELECTRIC SUPPLY 6967662
Voucher: 184133
184134 2/15/2005 001612 POLLARD PRINTING GROUP 169656
Voucher: 184134
184135 2/15/2005 004680 PON, KEITH
Voucher: 184135
Page: 19
apChkLst
02/15/2005 2:11:56PM
Final Check List
CITY OF FEDERAL WAY
Page: 20
Bank: key us bank
(Continued)
Check #
Date
Vendor
Invoice
r
-
\J"\
\.J)
184136 2/15/2005 007322 POVERTY BAY COFFEE COMI1/25/05
Voucher: 184136 1/21/05
184137 2/15/2005 005583 PRAXAIR DISTRIBUTION INC 617844
Voucher: 184137 535812
184138 2/15/2005 000049 PRESTON GATES & ELLIS LLF645139
Voucher: 184138
184139 2/15/2005 000139 PSFOA-PUGET SND FINANCE2005
Voucher: 184139
184140 2/15/2005 006079 PUBLIC SAFETY CENTER, INC64723IN
Voucher: 184140
184141 2/15/2005 007179 PUBLIC SAFETY COMPUTER :430
Voucher: 184141 423
Inv Date DescriDtion Amount Paid Check Total
2/14/2005 PS-1/25/05 SANDWICH 39.40
1/25/2005 PS-1/21/05 SANDWICH 38.58 77.98
1/24/2005 PKM-WELDING SUPPLIES/IN' 230.36
1/20/2005 PKM-WELDING GAS/INV#535 9.27 239.63
1/27/2005 AG02-124C:12/04 LGL SVCS-~ 3,760.50 3,760.50
2/14/2005 MSF-2005 PSFOA DUES 100.00 100.00
1/5/2005 PS-SUPPLIES 424.85 424.85
1/27/2005 PS-TAME TRNG CLASS 150.00
1/24/2005 PS-TAME DATABASE ANNUA 100.00 250.00
Page: 20
apChkLst
02/15/2005 2:11 :56PM
Final Check list
CITY OF FEDERAL WAY
Page: 21
Bank: key us bank
(Continued)
Check #
Invoice
Vendor
Date
184144 2/15/2005
Voucher:
000051 PUGET SOUND ENERGY INC 803-299-9735
184144 131-066-1002
353- 789-964 7
156-140-2114
311-112-7001
411-836-4779
519-842-1009
727-469-1000
411-836-8556
128-255-2015
250-275-5917
345-200-2003
669-650-2001
483-657 -3297
487 -650-2008
128-255-3948
345-200-2003
625-940-2003
330-694-9979
411-836-9315
604-130-2008
904-388-1003
141-467-1006
536-673-1007
006-877 -3456
925-940-2007
525-940-2005
420-530-2005
128-255-9812
017 -4 70-0088
156-140-6529
017-470-1375
458-148-1001
993-440-2000
100-093-8728
L
\J'I.
'\
Inv Date DescriDtion Amount Paid Check Total
1/18/2005 NCHB-8TH AVE S-ELECTRICr 14,557.55
2/1/2005 PWTR-ELECTRICITY CHRGS 11,883.57
1/20/2005 KJP-ELECTRICITY/GAS 8,786.63
1/20/2005 PKM-ELECTRICITY CHRGS 5,605.49
1/19/2005 PKDBC/KFT -ELECTRCTY CH F 3,484.04
1/20/2005 PWTR-ELECTRICITY CHRGS 3,389.45
1/18/2005 PKM-ELECTRICITY CHRGS 2,550.33
1/19/2005 PKDBC/KFT -ELECTRCTY CH F 1,974.71
1/18/2005 PWTR-ELECTRICITY CHRGS 1,573.45
1/19/2005 PWTR-ELECTRICITY CHRGS 1,030.70
1/14/2005 PWTR-ELECTRICITY CHRGS 975.86
1/25/2005 PKM-ELECTRICITY CHRGS 672.04
1/14/2005 PWTR-ELECTRICITY CHRGS 487.53
1/19/2005 PvVTR-ELECTRICITY CHRGS 388.31
1/14/2005 PWTR-ELECTRICITY CHRGS 343.68
1/18/2005 PWTR-ELECTRICITY CHRGS 306.32
1/18/2005 PKM-ELECTRICITY CHRGS 299.59
1/20/2005 PWTR-ELECTRICITY CHRGS 276.61
1/14/2005 PWTR-ELECTRICITY CHRGS 265.00
1/20/2005 PWTR-ELECTRICITY CHRGS 262.81
1/14/2005 PWTR-ELECTRICITY CHRGS 256.63
1/14/2005 PWTR-ELECTRICITY CHRGS 256.25
1/14/2005 PWTR-ELECTRICITY CHRGS 244.94
2/1/2005 PWTR-ELECTRICITY CHRGS 235.28
1/18/2005 PWTR-ELECTRICITY CHRGS 216.42
1/14/2005 PWTR-ELECTRICITY CHRGS 213.56
1/14/2005 PWTR-ELECTRICITY CHRGS 211.83
1/14/2005 PWTR-ELECTRICITY CHRGS 211.37
1/19/2005 PWTR-ELECTRICITY CHRGS 207.98
1/20/2005 PWTR-ELECTRICITY CHRGS 207.98
1/18/2005 PKM-ELECTRICITY CHRGS 193.62
1/14/2005 PWTR-ELECTRICITY CHRGS 192.97
1/14/2005 PWTR-ELECTRICITY CHRGS 189.13
1/19/2005 PWTR-ELECTRICITY CHRGS 188.46
1/18/2005 PWTR-ELECTRICITY CHRGS 182.19"
Page: 21
Check #
Date
Vendor
Final Check List Page: 22
CITY OF FEDERAL WAY
(Continued)
Invoice Inv Date Description Amount Paid Check Total
733-930-2007 1/14/2005 PWTR-ELECTRICITY CHRGS 158.95
128-255-7188 1/20/2005 PWTR-ELECTRICITY CHRGS 157.59
733-829-1003 1/14/2005 PWTR-ELECTRICITY CHRGS 148.85
652-017-1007 1/20/2005 PWTR-ELECTRICITY CHRGS 143.01
497 -198-1008 1/14/2005 PWTR-ELECTRICITY CHRGS 132.55
190-977 -0008 1/19/2005 PWTR-ELECTRICITY CHRGS 128.25
017-470-7554 1/14/2005 PWTR-ELECTRICITY CHRGS 124.79
183-469-1006 1/18/2005 PWTR-ELECTRICITY CHRGS 122.74
250-275-0389 1/18/2005 PWTR-ELECTRICITY CHRGS 119.24
996-289-0001 1/20/2005 PWTR-ELECTRICITY CHRGS 106.05
753-129-1008 1/19/2005 PWTR-ELECTRICITY CHRGS 104.84
472-400-1005 1/20/2005 PWTR-ELECTRICITY CHRGS 87.83
233-930-2008 1/14/2005 PWTR-ELECTRICITY CHRGS 84.28
638-448-1005 2/1/2005 PWTR-ELECTRICITY CHRGS 84.10
373-087-1005 1/14/2005 PWTR-ELECTRICITY CHRGS 82.78
736-169-1004 1/19/2005 PWTR-ELECTRICITY CHRGS 81.27
873-272-3351 1/18/2005 PWTR-ELECTRICITY CHRGS 79.76
504-368-1005 1/14/2005 PWTR-ELECTRICITY CHRGS 77.28
177-437-1007 1/18/2005 PWTR-ELECTRICITY CHRGS 63.17
889-288-1007 1/20/2005 PWTR-ELECTRICITY CHRGS 63.17
738-448-1003 2/1/2005 PWTR-ELECTRICITY CHRGS 63.08
017-470-3645 1/14/2005 PWTR-ELECTRICITY CHRGS 62.41
755-430-2005 1/14/2005 PWTR-ELECTRICITY CHRGS 59.02
886-203-1005 1/14/2005 PWTR-ELECTRICITY CHRGS 53.28
917-259-1001 1/18/2005 PWTR-ELECTRICITY CHRGS 50.79
156-140-4276 1/18/2005 PKM-ELECTRICITY CHRGS 49.59
786-203-1007 1/20/2005 PWTR-ELECTRICITY CHRGS 48.83
447 -269-3177 1/14/2005 PWTR-ELECTRICITY CHRGS 47.94
720-429-1004 1/18/2005 PWTR-ELECTRICITY CHRGS 47.33
017-470-9253 1/18/2005 PWTR-ELECTRICITY CHRGS 45.83
252-150-2001 1/18/2005 PWTR-ELECTRICITY CHRGS 45.37
359-540-2003 1/14/2005 PWTR-ELECTRICITY CHRGS 43.56
004-919-1000 1/18/2005 SWM-ELECTRICITY CHRGS 39.28
156-140-8749 1/14/2005 PKM-ELECTRICITY CHRGS 35.39
352-691-1007 2/1/2005 PWTR-ELECTRICITY CHRGS 27.68
Page: 22
apChkLst
02/15/2005 2:11:56PM
Bank: key us bank
c
Vì
-J
apChkLst
02/15/2005 2: 11 :56PM
Final Check List
CITY OF FEDERAL WAY
Page: 23
Bank: key us bank
Check #
Date
t
-
\J'\ 184145 2/15/2005
ç~ Voucher:
184146 2/15/2005
Voucher:
Invoice
442-691-1006
342-691-1008
357-656-6131
062-691-1002
250-275-4910
017 -470-5400
319-041-1003
657 -289-0009
017-470-3751
002-141-1004
699-699-1003
225-650-2002
121-220-2004
221-220-2002
005977 PURE HEALTH SOLUTIONS IN31283
184145
008649 QUALITY WATER SERVICES
184146
(Continued)
Vendor
184147 2/15/2005 000202 QWEST
Voucher: 184147
184148 2/15/2005
Voucher:
184149 2/15/2005
Voucher:
184150 2/15/2005
Voucher:
184151 2/15/2005
Voucher:
184152 2/15/2005
Voucher:
000202 QWEST
184148
004826 R W BECK INC
184149
005885 RC AUTO BODY
184150
001139 RED WING SHOE STORE
184151
006873 REGENCY CLEANERS
184152
Inv Date Description Amount Paid
2/1/2005 PWTR-ELECTRICITY CHRGS 27.68
2/1/2005 PWTR-ELECTRICITY CHRGS 25.49
1/18/2005 PWTR-ELECTRICITY CHRGS 22.53
2/1/2005 PWTR-ELECTRICITY CHRGS 14.69
1/19/2005 PWTR-ELECTRICITY CHRGS 14.45
1/18/2005 PWTR-ELECTRICITY CHRGS 11.84
1/14/2005 PKM-ELECTRICITY CHRGS 6.60
1/18/2005 PWTR-ELECTRICITY CHRGS 6.29
1/19/2005 PWTR-ELECTRICITY CHRGS 5.92
1/19/2005 PKM-ELECTRICITY CHRGS 5.84
1/19/2005 PWT- ELECTRICITY CHRGS 5.84
1/18/2005 PWTR-ELECTRICITY CHRGS 5.84
1/20/2005 PWTR-ELECTRICITY CHRGS 5.84
1/20/2005 PWTR-ELECTRICITY CHRGS 5.84
1/10/2005 PS-BOTTLED WATER SVC 391.68
20109 12/30/2004 CHB-WATER COOLERS REP)
20108 12/30/2004 PKM-WATER COOLER
18288 10/31/2004 CHB-APR-OCT RENTAL WATI
50668 12/30/2004 CHB-11/04-12/04 RENTAL WA
253-946-9943-7f 1/16/2005 MSTEL-(2/05) PHONE/DATA S
253-661-9833-7! 1/16/2005 MSTEL-(2/05) PHONE/DATA S
253-529-9921-4i 1/26/2005 MSTEL-(2/05) PHONE/DATA S
253942-7800-45. 1/25/2005 MSTEL-(2/05) PHONE/DATA S
253-630-1529-2E 1/29/2005 MC-(2/05) FAX MCHN CHRGS
4,824.19
2,412.10
266.18
76.05
49.91
49.91
44.93
29.69
20.85
Check Total
65,356.85
391.68
7,578.52
174.44
20.85
27,634.23
527.68
129.46
2,386.41
0071377
1/19/2005 SWM-12/04 JOE'S CRK RGNL
27,634.23
415
1/26/2005 PS-INSTALL NEW STICKERS
527.68
1320000000037: 1/27/2005 PWDS-CLOTHING AND FOOT
129.46
NOV2002
11/30/2004 AG02-98:(11/04)PS DRY CLN(
2,386.41
Page: 23
apChkLst Final Check List Page: 24
02/15/2005 2:11:56PM CITY OF FEDERAL WAY
Bank: key us bank (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total
184153 2/15/2005 004317 RITZ CAMERA ONE HOUR PH1026014420 1/20/2005 PS-PHOTO SUPPLIES/SVC 34.67
Voucher: 184153 1026016460 1/26/2005 PS-PHOTO SUPPLIES/SVC 23.50
1026011530 1/12/2005 PS-PHOTO SUPPLIES/SVC 22.29
1026009900 1/10/2005 PS-PHOTO SUPPLIES/SVC 7.13 87.59
184154 2/15/2005 008543 ROYAL CONSTRUCTION OF PAG04-184 #3 2/1/2005 AG04-184:NEW CH-NORTH p, 8,010.51 8,010.51
Voucher: 184154
184155 2/15/2005 005703 SAFEWA Y STORE #3501 800746 1/18/2005 PKRC~PUGETSOUNDERS~ 30.51
Voucher: 184155 800737 1/4/2005 PKRCS-PUGET SOUNDER S~ 3.59
MF05071 1/10/2005 PKRCS-PUGET SND SNACKS 3.00 37.10
184156 2/15/2005 002285 SEATTLE AQUARIUM 27303 1/5/2005 PRCE-REC INC TRIP ADMISS 172.80 172.80
Voucher: 184156
184157 2/15/2005 000351 SEATTLE TIMES-SUBSCRIPH50680432 1/18/2005 PS-(1/11-4/11/05) SEATTLE TI 40.95 40.95
Voucher: 184157
---
û\ 184158 2/15/2005 005771 SETINA MANUFACTURING CC122173 1/27/2005 PS-WRAP ARND FENDERS 2( 457.47 457.47
-Q Voucher: 184158
184159 2/15/2005 002231 SHELDON & ASSOCIATES INC97411 8/31/2004 CDENPR:8/04 CHRISTIAN FAI 2,014.62
Voucher: 184159 97390 8/31/2004 CDENPR: 8/04 RABIE- 1,021.13
97385 8/31/2004 CDPL-ENV REV:8/04 STARKO 242.50 3,278.25
184160 2/15/2005 008610 SIEMENS BUILDING TECHNOl11441498 1/25/2005 CHB-REPLACE CHECK STATI 618.96
Voucher: 184160 11440643 1/24/2005 CHB-INSTALLED ROOM SEN~ 563.68 1,182.64
184161 2/15/2005 003873 SIGN-A-RAMA 7902 1/6/2005 PWSWR-PRINTING SERVICE 217.67 217.67
Voucher: 184161
184162 2/15/2005 005761 SIR SPEEDY PRINTING #0905 39670 1/17/2005 CD-PRINTING SERVICES 857.44 857.44
Voucher: 184162
184163 2/15/2005 003340 SMITH PHD, DAVID H 767 2/1/2005 PS-PRE-EMPL Y PSYCH EVAL 375.00 375.00
Voucher: 184163
184164 2/15/2005 007991 SMS CLEANING 1264 1/21/2005 AG04-19:1/05 KLCC JNTRL S\ 780.00 780.00
Voucher: 184164
184165 2/15/2005 000723 SOUND RESOURCE MGMT GIFWA-021 1/31/2005 AGOO-154B:SOL WST/RECY C 2,066.64 2,066.64
Voucher: 184165
Page: 24
apChkLst Final Check list Page: 25
02/15/2005 2:11:56PM CITY OF FEDERAL WAY
Bank: key us bank (Continued)
Check # Date Vendor Invoice Inv Date DescriDtion Amount Paid Check Total
184166 2/15/2005 001885 SPARKS CAR CARE 14970 2/4/2005 PS- REPAIR/SVC 920.63
Voucher: 184166 14836 1/25/2005 PS- REPAIR/SVC 572.31
14748 1/5/2005 PS- REP AI R/SVC 483.54
14738 12/30/2004 PS- REPAIR/SVC 383.32
14902 1/31/2005 PS- REPAIR/SVC 370.56
14799 1/15/2005 PS- REPAIR/SVC 277.32
14887 1/24/2005 PS- REPAIR/SVC 219.87
14919 1/27/2005 PS- REPAIR/SVC 143.64
14793 1/11/2005 PS- REPAIR/SVC 128.51
14653 12/14/2004 PS- REPAIR/SVC 81.60
14913 1/26/2005 PS- REPAfR/SVC 43.52
14915 1/26/2005 PS- REPAIR/SVC 32.30
14911 1/26/2005 PS- REPAIR/SVC 31.23
L 14955 2/3/2005 PS- REPAIR/SVC 29.46
~ 14752 1/4/2005 PS- REPAIR/SVC 27.20
a 184167 2/15/2005 006747 14792 1/10/2005 PS- REPAIR/SVC 27.20 3,772.21
SPECIALIZED ARMAMENT WF11436 2/14/2005 PS-EXTRACTOR 25.00 25.00
Voucher: 184167
184168 2/15/2005 002548 SPRAGUE PEST CONTROL 365917 1/3/2005 PKM-ST LK PEST CONTROL ~ 89.22 89.22
Voucher: 184168
184169 2/15/2005 005602 SPRI NGWOOD ASSOCIATES 11098 2/2/2005 AGOO-155:1/05 CEL PK MTGTI 4,149.15 4,149.15
Voucher: 184169
184170 2/15/2005 006151 SPRINT SPECTRUM 0129395367-7 1/15/2005 PS-(1/05) WIRELESS MODEM 1,260.00 1,260.00
Voucher: 184170
184171 2/15/2005 007120 ST JOSEPH'S MEDICAL CENT J0420002529 7/18/2004 PS-G MADISON 503-66-5521 ( 1,988.12 1,988.12
Voucher: 184171
184172 2/15/2005 008561 STATE CONSTRUCTION, INC AG04-189 #2 1/31/2005 AG04-189:NEW CH-N PRKG L 23,168.94 23,168.94
Voucher: 184172
184173 2/15/2005 003704 STRAY, JOHN WO7201610001 1/19/2005 PS-ANNUAL BOOT ALLOWAN 100.00 100.00
Voucher: 184173
184174 2/15/2005 006414 SUMNER VETERINARY HOSPI299390 1/26/2005 PS-(DEX) 1/26/05 VETERINAF 468.25
Voucher: 184174 298437 1/16/2005 PS-(DEX) 1/14/05 VETERINAF 276.07
300446 2/5/2005 PS-(DEX) 2/5/05 VETERINAR'Y 102.52
297458 1/4/2005 PS-(DEX) 1/4/05 VETERINAR'Y 66.62 913.46
Page: 25
apChkLst Final Check List Page: 26
02/15/2005 2:11:56PM CITY OF FEDERAL WAY
Bank: key us bank (Continued)
Check # Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total
184175 2/15/2005 008484 TACOMA COMMUNITY HOUSE5011 004 1/31/2005 MC-INTERPRETER SVC 240.00 240.00
Voucher: 184175
184176 2/15/2005 000588 TACOMA PUBLIC UTILITIES 100048250 1/26/2005 PKDBC/KFT-PUBLIC UTILITIE 317.36 317.36
Voucher: 184176
184177 2/15/2005 008643 TELEDATA COMMUNICATION BM7160 12/1/2004 PS-1/05 TECH SUPP-SOFTEC 97.74 97.74
Voucher: 184177
184178 2/15/2005 001424 THYSSENKRUPP ELEVATOR 1113835 2/1/2005 AG03-199:2/05 NEW CH ELEV 149.04 149.04
Voucher: 184178
184179 2/15/2005 004218 TIMCO INC 121312 1/24/2005 PKM-SUPPLIES FOR PIPE SH 55.91 55.91
Voucher: 184179
184180 2/15/2005 000581 TOOL TOWN INC 39749 1/26/2005 PKM-CLAMP ALLEN/HOLDER 14.13 14.13
Voucher: 184180
L. 184181 2/15/2005 001267 TOP FOODS HAGGEN INC 346219 1/12/2005 PKRCS-PROGRAM SUPPLIES 39.28 39.28
~ Voucher: 184181
184182 2/15/2005 001436 TREE RECYCLERS TR#50201 2/1/2005 PKM-FELL ALDERS@33301 1( 293.76
Voucher: 184182 TR#50103B 1/3/2005 PKM-REMOVE DEAD HEMLO< 195.84 489.60
184183 2/15/2005 008074 TRUGREEN LANDCARE LLC 3234105846 1/31/2005 CHB-1/05 LANDSCAPE SVCS 57.66
Voucher: 184183 3234105845 1/31/2005 CHB-1/05 LANDSCAPE SVCS 41.34 99.00
184184 2/15/2005 000065 . U S POSTMASTER #722/CD 2/14/2005 CD-PERMIT #722 BUSINESS I 230.00 230.00
Voucher: 184184
184185 2/15/2005 003837 UNITED PARCEL SERVICE 0000F6588V045 1/22/2005 PS-DELIVERY SERVICE 227.65
Voucher: 184185 0000F6588V035 1/15/2005 PS-DELIVERY SERVICE 48.58 276.23
184186 2/15/2005 005019 UNITED RENTALS NORTHWE45443327-001 1/4/2005 NEW CH-EQUIPMENT RENT,A 87.28 87.28
Voucher: 184186
184187 2/15/2005 007357 UNITED REPROGRAPHICS 0076840-1 N 1/10/2005 CM-PRINTING OF ARCHITEC' 8.16
Voucher: 184187 0079806-IN 2/2/2005 CM- PRINTING OF PLANS FO 8.16 16.32
184188 2/15/2005 001805 VADIS NORTHWEST 00014203 1/31/2005 AG04-28:1/05-LlTTER CONTR 3,062.50 3,062.50
Voucher: 184188
184189 2/15/2005 003563 VALLEY COMMUNICATIONS (0003478 1/25/2005 PS-(1/05 - 2/05) ASSESSMENl 187,824.50
Voucher: 184189 0003457 1/25/2005 PS-(1/05) MDT USER FEE- 840.00
0000914 3/25/2005 PS-(3/03) MDT USER FEE- 690.00
0003483 1/25/2005 PS-(12/04)LANGUAGE LINE U 85.68
200456 5/15/2002 PS-(5/02)LANGUAGE LINE US 5.00 189,445.18
184190 2/15/2005 007888 VANIR CONSTRUCTION MGMP80006 1/27/2005 AG04-187:12/04 COMM CTR ~ 4,158.81 4,158.81
Voucher: 184190
Page: 26
apChkLst
02/15/2005 2:11 :56PM
Final Check List
CITY OF FEDERAL WAY
Page: 27
Bank: key us bank
(Continued)
Check #
Vendor
Invoice
Date
189901960
1/25/05
184205 2/15/2005
Voucher:
000779
000773
000789
000812
000833
000780
000732 WASPC-WA ASSOC SHERIFF:1608-1
184205
Inv Date DescriDtion
1/7/2005
MSF-ENV FOR 1099 & W2
12/27/2004 PS-MBSHP FEE-GABRELUK, I
1/5/2005 PS-MBSHP FEES-J CLARY
1/1/2005 MSTEL-05 WATOA MEMBER~
SWM-J MACGILLIVRAY 05 PE
SWM-G NEIFFER 05 PESTICII
PS-WSCPA DUES-S FLORES
12/31/2004 CDB-(9/04 &12/04) COpy OF F
1/26/2005
1/26/2005
1/26/2005
12/1/2004
1/21/2005
2/2/2005
PS-EMPL YMNT HISTORY-E N
PS-EMPL YMNT HISTORY-J EI
PS-EMPL YMNT HISTORY-G C
MSHR-2005 STATE PURCHS~
PS-P ANTS AN D VESTS
MSTEL-1/05 SCAN SERVICE
1/20/2005 PS-2005 WSPCA DUES-J CLA
1/20/2005 PS-2005 WSPCA FEE-GABRE
12/31/2004 SWR-2005 WSRA FEES-ROB
1/25/2005 MC-INTERPRETER SVC
1/6/2005
1/4/2005
1/11/2005
1/25/2005
2/1/2005
1/6/2005
1/3/2005
PKDBC-CONST TOOLS/EQP f
PKM-GRD:CNSTRCTN TOOU
PKDBC-CONST TOOLS/EQP f
PKM-GRD:CNSTRCTN TOOL~
PKM-GRD:CNSTRCTN TOOL~
SWM-; THERMOMETER FOR
PS-2005 WASPC FEE-KIRKPP
Amount Paid
167.03
85.17
50.00
50.00
100.00
25.00
25.00
50.00
5.48
13.87
13.87
13.87
2,000.00
59.84
1,065.63
20.00
20.00
250.00
100.00
33.70
20.93
20.19
16.29
8.68
4.34
425.00
Check Total
167.03
85.17
100.00
100.00
50.00
50.00
5.48
41.61
2,059.84
1,065.63
40.00
250.00
100.00
104.13
425.00
184191 2/15/2005 005704 VERTICAL TRANSPORTATIOr-.DVT05646X205 1/20/2005 AG01-61:2/05- CH ELEVATOR
Voucher: 184191
184192 2/15/2005 007243 VISIBLE
Voucher: 184192
184193 2/15/2005 007013 VRPDA (VALLEY RETIRED PO 12/27/04
Voucher: 184193 1/2/05
184194 2/15/2005 007304 WAASSOC OF TELECOM OFfWATOA 05
Voucher: 184194
184195 2/15/2005 001061 WA STATE AGRICULTURE DE60137 1/13/2005
Voucher: 184195 WSDA NEIFFEf; 1/13/2005
184196 2/15/2005 003606 WA STATE CRIME PREVENTI<S FLORES 11/1/2004
Voucher: 184196
184197 2/15/2005 006638 WA STATE DEPT OF LlCENSII0847411
Voucher: 184197
~ 184198 2/15/2005 000280 WA STATE EMPLOYMENT SEI212-62-1423
r--J Voucher: 184198 413-17 -9270
\ 537-82-3177
184199 2/15/2005 001208 WA STATE GENERAL ADMIN 118-1-40213
Voucher: 184199 15-1-3767
184200 2/15/2005 000340 WA STATE INFORMATION SEI2005010210
Voucher: 184200
184201 2/15/2005 006876 WA STATE POLICE CANINE AJ CLARY
Voucher: 184201 GABRELUK
184202 2/15/2005 001162 WA STATE RECYCLING 28-0RSOW
Voucher: 184202
184203 2/15/2005 006853 WAHl. PRAN
Voucher: 184203
184204 2/15/2005 006007 WALKER ACE HARDWARE
Voucher: 184204
Page: 27
apChkLst
02/15/2005 2: 11 :56PM
Final Check List
CITY OF FEDERAL WAY
Page: 28
Bank: key us bank
(Continued)
Check #
Date
Vendor
Invoice
184206 2/15/2005 000783 WASTE MANAGEMENT
Voucher: 184206
184207 2/15/2005 000802 WCMA-WA CITY MANAGEMErWCMA 3/05
Voucher: 184207
184208 2/15/2005 000266 WCPDA-WASHINGTON CITY FMCCLUNG
Voucher: 184208
184209 2/15/2005 004525 WCRC-WASHINGTON CITIZErTOURT
Voucher: 184209
184210 2/15/2005 005565 WELCOME COMMUNICATJON4116
Voucher: 184210 4153
184211 2/15/2005 003500 WESCOM COMMUNICATIONS15494
Voucher: 184211 15495
15496
15492
15493
808217105
Inv Date DescriDtion
Amount Paid
3,488.00
0014613-1055-7 2/1/2005
SWR-(1/05) LITTER DISPOSAl
L
ç"
\jJ 184212 2/15/2005 000173 WEST PAYMENT CENTER
Voucher: 184212
184213 2/15/2005 008642 WESTERN SLOPE CENTER F<291
Voucher 184213
184214 2/15/2005 000076 WFOA-WA FINANCE OFFICEF<575
Voucher: 184214
184215 2/15/2005 002204 WILBUR-ELLIS COMPANY 639171
Voucher 184215
184216 2/15/2005 001091 WMTA-WASHINGTON MUNICIT KRAUS
Voucher: 184216
184217 2/15/2005 000660 WOODWORTH & COMPANY 111086
Voucher 184217
184218 2/15/2005 004440 WSLEFIA-WA STATE LAW EN B SKINNER
Voucher: 184218 B SKINNER
184219 2/15/2005 006062 WSTOA-WASHINGTON ST TA2005
Voucher: 184219
184220 2/15/2005 005545 YSIINCORPORATED
Voucher: 184220
240962
2/1/2005 CM-05 WCMA SPRING CONF. 215.00
12/13/2004 CD-2005 WCPDA FEE-MCCLL 50.00
2/14/2005 SWR-2005 WCRC DUES-P TC 50.00
1/20/2005 PS-BATTERY/PHONE ACCES: 103.40
2/1/2005 MSDP-NEXTELPARTS- 46.66
1/11/2005 PS-CALIBRATE RADAR SYST 163.20
1/11/2005 PS-CALIBRATE RADAR SYST 163.20
1/11/2005 PS-CALIBRATE RADAR SYST 163.20
1/11/2005 PS-CALIBRATE RADAR SYST 97.92
1/11/2005 PS-CALIBRATE RADAR SYST 97.92
1/25/2005 MC-1/05 WESTLAW ACCESS 427.59
1/13/2005 PS-LEVEL 2 EXAM CASE #05- 306.13
1/31/2005 MSF-WFOA MBSHP DUES-T ~ 50.00
1/7/2005 PWST-DE-ICING AGENT; GRJ 1,086.26
1/12/2005 MSF-2005 WMTA DUES-KRAL 30.00
2/3/2005 PWST -AIB ASPHALT 604.65
2/8/2005 PS-SPRING TRNG-B SKINNEF 60.00
2/7/2005. PS-2005 MBSHP DUES-BILL S 30.00
1/11/2005 PS-2005 WSTOA TEAM-VALLI 75.00
2/1/2005 SWM-WATER QUALITY EQUII 1,500.00
Check Total
3,488.00
215.00
50.00
50.00
150.06
685.44
427.59
306.13
50.00
1,086.26
30.00
604.65
90.00
75.00
1,500.00
Page: 28
apChkLst
02/15/2005 2:11:56PM
Final Check List
CITY OF FEDERAL WAY
Page: 29
Sub total for us bank:
1,043,781.74
('
-..
ç'
-C,
Page: 29
apChkLst
02/15/2005 2:11:56PM
Final Check List
CITY OF FEDERAL WAY
Page: 30
268 checks in this report.
Grand Total All Checks:
1,043,781.74
.-
,..-..
~
\f,
Page: 30
apChkLst
02/15/2005 2:11:56PM
Final Check List
CITY OF FEDERAL WAY
Page: 31
Bank code: key
Check # Date
184142 2/15/2005
184143 2/15/2005
520662 12/16/2003
c
~
~
Page: 31
MEETING DATE:
March 15,2005
ITEM# JL CC)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
December 2004 Quarterly Financial Report
CATEGORY:
[8] CONSENT
D RESOLUTION
D CITY COUNCIL BUSINESS
BUDGET IMPACT:
D ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
..............-................-.........-....................................-.......-.---...........-....-...............
""""""" -..................-....-.......... ........................ -.. .......--.---...........-........ ..-.-.. ....-...........-..- ........-..........-.. .-........................- ..--....-......-..-..... """""""""""""""""""""""""......-...-................. ....-. - ...........-.............
ATTACHMENTS: December 2004 Quarterly Financial Report
-..........................-.................-......-.....................
........................................................ ................................................-............. .............--...........................................-............... ....................................................
................................................-................
SUMMARY /BACKGROUND:
..............""""""""""""""""""""-"""""-"""""""-"""""""""""'"...........-..................... ...............................................-..--.....-................-......-................-.................-..--....................................................-..............................
...........-..................-.......-.........--....-..................-..
CITY COUNCIL COMMITTEE RECOMMENDATION: Was reviewed at the Finance, Economic Development and
Regional Affairs Committee at their February 22nd meeting.
PROPOSED MOTION: "I move for the approval of the December 2004 Quarterly Financial Report."
..............-..................
.......-.........................................-............-..........-.................-.....................................-...-....................-.-.............................-....-.....-......................-.................................................................................
...........-....................-.............
~
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 #
REVISED - 05/10/2001
~
CITY OF ~
Federa I Way
MEMORANDUM
Date:
February 22,2005
Finance, Economic Development & Regional Affairs Committee
To:
Via:
From:
David Moseley, City Manager
Tho Kraus, Finance Manager
Subject:
December 2004 Quarterly Financial Report
Action Requested:
Accept the December 2004 Quarterly Financial Report and forward to the March 15th Council meeting for full Council
approval.
ApPROVAL OF COMMITTEE ACTION:
K: \FIN\MFR \M FRFE D RA CCVR. DOC
I.1-
Citv of Federal Way
December 2004 Quarterlv Financial Report
~
CITY OF ~
Federal Way
Quarterly Financial Report - nl~ember, 2004
YTD Operating Revenues vs Operating Expenditures
Thru December
60.0
55.0
.,,-
50.0 -
45.0 ./ '"
'ûì 40.0
c 35.0 a.- -.8- -'--- ~
~ II -- REVENUE
30.0
::; 25.0 -- EXPEND
~ 20.0
15.0
10.0
5.0
.
1999 2000 2001 2002 2003 2004
OVERVIEW
The Quarterly Financial Report is intended to provide an overview of [mancial activity that has taken place in the reporting period.
This report focuses mainly on activity incurred in the following operating funds: General, Street, Arterial Street, Utility Tax
Projects, Solid Waste & Recycling, HotellMotel Lodging Tax, Paths & Trails, Surface Water Management, Debt Service, and
Dumas Bay Center. The Summary of Sources and Uses (Attachment A) captures financial activity through December for the years
1999 through 2004.
OPERATING REVENUES
Operating funds revenue collections through December total $46.5M which is $877.9K or 1.9% above the ytd budget of$45.7M.
Of this amount, $1.42M is related to Utility taxes and REET that are reserved for the payment of debt services. Attachment A
provides a comparison ofYTD revenues by major sources for 2004 with comparative figures for the past five years.
REVENUE SUMMARY BY MAJOR REVENUE SOURCES
Period Ending December 31, 2004
2004 Revised Budget Actuals Variance
2002 2003 Through Through Favorable (Unfavorable)
ources Actual Actual Annual December December Dollars ($) Percent (%)
Property Taxes $ 7.644,130 $ 7.951,984 $ 8,107,771 $ 8,107,771 $ 8,121.088 13.317 02o¡.
Sales Tax 10,773,246 10,518.231 10,835,153 10,835,153 10.536,297 (298,856) -2.8o¡.
Hotel/Motel Lod9ing Tax 129,299 142,041 134,000 134.000 141.737 7,737 5.8%
Criminal Justice Sales Tax 1,600,854 1,596.367 1,714.051 1,714,051 1,639,478 (74,573) -4.4o¡.
Intergovernmental 3.545,956 2.857,314 2.810,601 2.810.601 2,822,588 11.987 0.4%
Real Estate Excise Tax 2,517,473 2,851,386 1.900,000 1.900.000 3,057.745 1.157.745 60.9%
Gambling Taxes 1.926,443 1,803,996 1,860.000 1,850,000 1,420.073 (429,927) -23.2%
Utility Taxes 6,156.679 6.984,127 7.253,021 7.253.021 7.512,343 259.322 3.6%
Court Revenue 1.047,397 1,239.552 1.275.975 1,275,975 1,185,489 (90,486) -7.1%
Building Permits/Fees-CD 1.488,826 1.293,244 1,194,009 1.194.009 1,553,990 359.982 30.1%
Expedited Review Fees-CD 188,379 214,464 79.962 79,962 nla
ROW Permits/Fees-PW 299,479 396.240 377,296 377,296 306,813 (70,483) -18.7%
Expedited Review Fees-PW 47.853 32,066 32,553 32,553 nla
Licenses 157,512 117.191 142.100 142,100 177.445 35,345 24.9%
Franchise Fees 616,668 671,975 653,062 653,062 700,714 47,652 7.3'Æ
Passport Agency Fees - - 57,910 57,910 nla
Recreation Fees 617,179 727,496 934,950 934.950 839.796 (95.154) -10.2%
Dumas Bay Centre 509,554 462.285 500.250 500,250 474,922 (25.328) -5.1%
Knutzen Family Theatre 80.308 113,165 76,601 76,601 87,134 10,533 13.8%
Interest Earnings 445,160 510,462 632,180 632.180 200,805 (431,375) -68.2%
drniniCash Mgmt Fees 480,748 526.592 542,000 542,000 541,495 (505) -0.1%
SWM Fees 3,087.207 3,397,997 3,437.136 3,437,136 3,522,667 85,531 2. 50¡.
Refuse Collection Fees 187,725 163,458 168.545 168,545 179,076 10,531 6.2%
Police Services 699,185 974.649 1,011,899 1,011,899 1,272.651 260,753 25.8%
Miscellaneous/Other 129,182 105,681 111.349 111.349 75,093 (36.256) -32.6%
Subtotal Operating Revenues 44,376,443 45,652,162 45,661,949 45,661,949 46,539,866 877,917 1.9'Æ
Other Financing Sources 4,634,062 14,662.034 8,803,725 7.804,460 7,804,460 0.0%
Total Revenues & Other Sources $ 49,010,505 $ 60,314,196 $ 54,465,674 $ 53,466,409 $ 54,344,327 $ 877,917 1.6"/.
-- ,...,
~
Ow of Federal Wav
December 2004 Ouarterlv Financial Report
Real Estate Excise Tax
To date, REET of$3.06M is above the ytd budget of$1.9M by $1.16M or 61%. Compared to 2003, collections are up $206K or
7.2%. December's receipt of $300K is $132K above the monthly estimate and includes a total of 283 real estate transactions, of
which 103 were tax exempt and of remaining 180, 16 were mobile home sales. The largest transactions in the current month
consist of the sale of Crestview West Apartment @ 27900 Pac Hwy S, Forest Park Office Bldg @ 33310 9th Ave S, Saltwater
Park Apartment @ 28620 Pac Hwy S, Grand Central Sauna & Hot Tub Store @ 32510 Pac Hwy S, and Eton Technical Institute @
31919 6th Ave S.
REAL ESTATE EXCISE TAX REVENUES
Year-ta-date thru December
1999 2000 2001 2002 2003 2004 2004 Budget
Month Actual Actual Actual Actual Actual Budget. Actual $Var % Var
Jan $ 289,269 $ 103,300 $ 92,006 $ 114,439 $ 307,354 $ 139,064 $ 122,026 $ (17,038) -12.3%
Feb 65,939 103,388 80,019 112,868 338,361 105,244 147,294 42,050 40.0%
Mar 80,862 166,189 174,165 247,357 129,942 119,792 199,576 79,784 66.6%
f',pr 203,522 166,725 124,749 152,735 193,685 135,090 243,531 108,441 80.3%
May 169,610 183,110 139,014 329,252 196,095 161,178 182,533 21,355 13.2%
Jun 162,569 182,137 230,600 255,814 219,314 179,449 604,017 424,568 236.6%
Jul 278,955 323,080 154,965 162,739 271,561 200,988 285,928 84,940 42.3%
~ug 194,853 203,678 168,149 263,742 262,023 190,360 205,322 14,962 7.9%
Sep 326,168 163,636 361,664 132,484 349,883 198,900 279,951 81,051 40.7%
Oct 279,424 299,621 148,307 210,334 211,217 182,866 199,627 16,761 9.2%
Nov 209,096 101,804 155,743 116,037 155,412 119,118 288,344 169,226 142.1%
Dee 177,881 153,124 168,156 419,672 216,540 167,951 299,596 131,645 78.4%
YTD Total $ 2,438,148 $ 2,149,790 $ 1,997,537 $ 2,517,473 $ 2,851,386 $ 1,900,000 $ 3,057,745 $ 1,157,745 60.9%
Annual
Total $ 2,438,148 $ 2,149,790 $ 1,997,537 $ 2,517,473 $ 2,851,386 $ 1,900,000 $ 3,057,745
YTD Est.
RE Value $ 487,629,564 $ 429,958,072 $ 399,507,302 $ 503,494,576 $ 570,277,248 $ 380,000,000 $ 611,549,086
. Represents monthly historIcal patterns
Following table summarizes major real estate transactions (those resulting in over $10K in REET) that occurred during 2004.
Major Transactions - YTD thru 12/31/04 Taxable Sales REET Tax
Waterstone Place Apartment @ 2211 S Star Lake Rd. 47,922,238 237,215
Seatac Village @ 1800 S 320th S1. 25,450,000 125,978
Federal Way Center @ 2505 S 320th S1. 15,560,000 77,022
Crestview West Apartment @ 27900 Pac Hwy S 13,625,000 67,444
Courtyard by Marriott hotel in Gateway Center 12,863,000 63,672
Abam Office building @ 33301 9th Ave S 8,300,000 41,085
Capital One Office @ E Campus Corporate Park 8,250,000 40,838
Washington Park @ 33801 1 st Way S 7,412,000 36,689
East Empire Garden Home @ 1647 S 333rd St 6,352,985 31,447
Emerald Professional Center @ 720 South 348th S1. 3,400,000 16,830
Forest Park Office Bldg @ 33310 9th Ave S, 3,350,000 16,583
Saltwater Park Apartment @ 28620 Pac Hwy S, 2,790,000 13,811
Line Retail Store @ 2132 SW 336th S1. 2,614,000 12,939
Vacant Residential Land @ SW Dash Point Road 2,451,000 12,132
Olympic Office Center and a vacant commercialland @ S 333rd St 2,050,000 10,148
Total $ 162,390,223 $ 803,832
LLf
2
Citv of Federal Wav
December 2004 Ouarterlv Financial Report
Sales Tax
Sales tax received through December of $10.54M is $299K or 2.8% below the ytd budgeted amount of $10.84M. Year-to-date
revenue of$1O.54M is above December 2003 ytd revenue of $10.52M by $18K or 0.2%. The current month's receipt of$841K is
below the monthly estimate of $889K by $48K or 5.4%.
LOCAL RETAIL SALES TAX REVENUES
Year-ta-date thru December
1999 2000 2001 2002 2003 2004 2004 Budget
Month Actual Actual Actual Actual Actual Budget * Actual $Var % Var
Jan $ 711,432 $ 764,071 $ 794,061 $ 860,153 $ 822,996 $ 832,939 $ 852.297 $ 19,358 2.3%
Feb 1,013,425 1,201,953 1,152,601 1,234,151 1,185,480 1,219,599 1,117,608 (101,991) -8.4%
Mar 717,005 759,673 834,652 750,503 735,211 800,135 779,947 (20,188) -2.5%
Apr 633,460 764,524 729,487 730,253 745,691 759,333 707,611 (51,722) -6.8%
May 783,051 859,218 927,767 911,658 874,035 917,864 875,451 (42,413) -4.6%
Jun 772,812 797,833 694,540 792,402 789,466 810,673 831,979 21,306 2.6%
Jul 727,701 798,587 798,287 840,945 833,909 842,783 808,352 (34,431) -4.1%
Aug 855,198 928,307 879,080 1,010,404 963,561 977,041 983,203 6,162 0.6%
Sep 896,291 778,483 908,664 935,760 939,487 939,560 938,548 (1,012) -0.1%
Oct 817,021 782,049 889,821 897,820 872,821 897,593 862,312 (35,281) -3.9%
Nov 880,787 908,800 858,019 938,959 914,692 948,531 937,836 (10,695) -1.1%
Dec 856,762 816,273 835,083 870,238 840,882 889,101 841,153 (47,948) -5.4%
YTD
Total $ 9,664,945 $ 10,159,770 $ 10,302,061 $ 10,773,246 $ 10,518,231 $ 10,835,152 $ 10,536,297 $ (298,855) -2.8%
Annual
Total $ 9,664,945 $ 10,159,770 $ 10,302,061 $ 10,773,246 $ 10,518,231 $ 10,835,152 $ 10,536,297
'Budget is projected based on past 5 yea(s history.
Sales Tax by SIC Code
Retail sales continue to remain the largest source of sales tax revenue, accounting for 65% of all sales tax collections. Ytd retail
sales tax collection is $31K or 0.5% above ytd 2003. The increase is mainly attributable to increased consumer spending in retail
general merchandise, retail building material, retail apparel and accessories, retail eating & drinking, and retail food stores; but is
offset by misc. retail trade, retail automotive/gas and retail furniture.
Services industry accounts for 13% of the total sales tax collections. On ytd basis, services sales tax is up $9K or 0.7% compared
to ytd 2003. The increase is mainly attributable to the increased activity in business services, but offset by a decrease in
amusement activity due to a one-time distribution received in early 2003 for new installations at one of the major amusement
facilities.
Construction and contracting activity, which accounts for 10% of sales tax collections, is only $2.5K or 0.2% below ytd 2003's
activity.
COMPARISON OF SALES TAX COLLECTIONS BY SIC GROUP
Year-to-date thru December
Component 1999 2000 2001 2002 2003 2004 Change from 2003
Group Actual Actual Actual Actual Actual Actual $ %
Retail Trade $ 6,205,108 $ 6,595,604 $ 6,534,748 $ 6,666,872 $ 6,781,352 $ 6,812,746 $ 31,394 0.5%
Services 917,612 970,113 1,130,669 1,368,367 1,345,951 1,354,839 8,888 0.7%
Construct/Contract 984,931 1,104,115 1,146,339 1,220,608 1,047,305 1,044,765 (2,540) -0.2%
Wholesaling 535,546 651,677 601,832 552,979 499,661 507,151 7,490 1.5%
ransp/Comm/Utility 397,800 388,329 407,328 390,614 435,846 431,157 (4,689) -1.1%
Manufacturing 269,838 122,791 134,170 186,019 110,294 104,452 (5,842) -5.3%
Government 142,910 141,774 147,531 173,966 44,019 33,219 (10,800) -24.5%
Finllns/Real Estate 116,212 110,025 106,858 122,894 168,227 162,308 (5,919) -3.5%
Other 94,988 75,342 92,587 90,926 85,576 85,660 84 0.1%
Total $ 9,664,944 $ 10,159,770 $ 10,302,061 $ 10,773,246 $ 10,518,231 $ 10,536,297 $ 18,066 0.2%
IS
3
Citv of Federal Wav
December 2004 Ouarterlv Financial Report
SALES TAX ACTIVITY BY SIC CODE
YTD Through December 2004
Wholesaling
4.8%
Manufacturing
1.0%
Fin/Ins/Real
Estate
1.5%
Transp/Comm/Util
4.1%
Other
0.8%
Constr/Cntract
9.9%
Retail Trade
64.7%
Sales Tax Activity by Area
SALES TAX COMPARISON by AREA
YTD Through December
Chg from 2003
Group 1999 2000 2001 2002 2003 2004 $ %
Total Sales Tax $9,664,944 $10,159,770 $10,302,061 $10,773,246 $10,518,231 $10,536,297 $18,066 0.2%
S 348th Retail Block $1,644,481 $1,651,715 $1,463,535 $1,505,793 $1,491,509 $1,473,237 ($18,272) -1.2%
% chg from prev yr 11.3% 0.4% -11.4% 2.9% -0.9% -1.2% na na
Percentage of total 17.0% 16.3% 14.2% 14.0% 14.2% 14.0% -0.2% -1.4%
The Commons 1,025,153 1,030,750 987,939 895,957 829,796 759,879 ($69,917) -8.4%
% chg from prev yr 3.0% 0.5% -4.2% -9.3% -7.4% -8.4% na na
Percentage of total 10.6% 10.1% 9.6% 8.3% 7.9% 7.2% -0.7% -8.6%
Major Auto Sales 418,203 464,949 446,905 451,404 461,264 408,078 ($53,186) -11.5%
% chg from prev yr 9.7% 11.2% -3.9% 1.0% 2.2% -11.5% na na
Percentage of total 4.3% 4.6% 4.3% 4.2% 4.4% 3.9% -0.5% -11.7%
S 312th to S 316th 321,566 477,146 509,660 518,758 543,077 574,639 $31,562 5.8%
% chg from prev yr 253.6% 48.4% 6.8% 1.8% 4.7% 5.8% na na
Percentage of total 3.3% 4.7% 4.9% 4.8% 5.2% 5.5% 0.3% 5.6%
Pavilion Center 161,598 196,810 208,045 458,666 432,464 459,844 $27,380 6.3%
% chg from prev yr 23.6% 21.8% 5.7% 120.5% -5.7% 6.3% na na
Percentage of total 1.7% 1.9% 2.0% 4.3% 4.1% 4.4% 0.3% 6.1%
Hotels & Motels 42,238 102,787 130,643 121,349 133,151 140,673 7,522 5.6%
% chg from prev yr -10.9% 143.4% 27.1% -7.1% 9.7% 5.6% na na
Percentage of total 0.4% 1.0% 1.3% 1.1% 1.3% 1.3% 0.1% 5.5%
The City's largest retail center, South 348th, which generates about 14% of the City's sales tax has a year-to-date collection of
$l.5M, has decreased $18K or 1.2% compared to 2003. Retail building materials and general merchandise are up, but are offset
by declines in retail furniture, wholesale durable goods, and retail eating & drinking.
The Commons is showing a $70K or 8.4% decline compared to 2003. The year-to-date tax from the Mall's department stores has
decreased $65K or 13% from 2003, with help of additional $12K tax collected from the new store opened in October of this year.
Year-to-date major auto sales have decreased $53K or 11.5% compared to last year's ytd activities. The variance is attributable to
the outstanding auto sales record in 2003 due to the consumer incentive programs.
South 312th to South 316th is up $32K or 5.8% from the prior year. The increase is attributable to $37K increase by the center's
biggest box retailer.
I<O
4
Citv of Federal Wav
December 2004 Ouarterlv Financial Report
Pavilion Center is up $27K or 6.3% from the same period of prior year. The center's biggest contributor, who is responsible for
about one-half of the center's total sales, is picking up its sales again and is up $23K compared to 2003.
Hotels & Motels year-to-date sales tax total $141K, which is $7.5K or 5.6% above the same period in 2003.
SALES TAX BY AREA
YTD through December 2004
S 312th/S316th
5.5%
Other
63.7%
Hotel/Motel
1.3%
Pavilion Center
4.4%
The Commons
7.2%
Gambling Tax
Gambling tax collection of $1.42M is $430K or 23.2% below the year-to-date budget of $1.85M. In comparison to 2003 year-to-
date collection, 2004's tax collection is lower by $384K or 21.3%. December's collection of $125K is $26K or 17.5% below the
montWy budget estimate of $151K. The decrease is mainly attributable to the closure of three card room establishments.
GAMBLING TAX REVENUE
YTD Through December
2004 2004 Budget
Month 1999 2000 2001 2002 2003 Budget Actual $Var %Var
Jan $90,611 $127,344 $193,344 $210,579 $159,323 156,889 $ 115,177 $ (41,712) -26.6%
Feb 98,117 116,227 178,617 212,309 152,943 152,395 113,514 (38,881) -25.5%
Mar 104,183 106,912 183,941 175,625 160,415 147,282 112,880 (34,402) -23.4%
Apr 130,536 142,792 238,928 189,533 176,029 177,807 131,267 (46,540) -26.2%
May 150,818 133,715 168,101 167,112 184,574 161,175 117,979 (43,196) -26.8%
Jun 145,174 134,100 185,526 161,592 160,030 157,731 120,847 (36,884) -23.4%
Jul 137,222 141,075 188,828 142,814 167,736 153,416 121,637 (31,779) -20.7%
Aug 110,081 103,991 150,734 150,984 143,130 131,910 110,541 (21,369) -16.2%
Sep 111,146 143,483 187,319 139,851 153,398 142,942 114,957 (27,985) -19.6%
Oct 115,324 156,436 174,314 134,904 164,713 164,956 109,466 (55,490) -33.6%
Nav 118,762 143,530 188,392 119,265 93,167 152,549 127,293 (25,256) -16.6%
Dee 118,390 152,094 189,073 121,874 88,537 150,948 124,515 (26,433) -17.5%
YTD Total $ 1,430,362 $1,601,699 $ 2,227,117 $1,926,443 $1,803,996 $1,850,000 $1,420,073 ($429,927) -23.2%
Total $1,430,362 $1,601,699 $2,227,117 $1,926,443 $1,803,996 $1,850,000 $1,420,073
GAMBLING TAX BY ACTIVITY
YTD Through December
2003 Actual 2004 Actual Change from 2003
Activity % $ % $ $ %
Games/Binga 0.6% 11,052 0.6% 8,977 (2,074) -18.8%
Pulitabs/Punehbaards 20.7% 373,316 24.3% 344,743 (28,573) -7.7%
Card rooms 78.7% 1,419,628 75.1% 1,066,353 (353,275) -24.9%
Total 100.0% 1,803,996 100.0% 1,420,073 $ (383,923) -21.3%
'I,
5
Citv of Federal Wav
December 2004 Ouarterlv Financial Reoort
Hotel/Motel Lodging Tax
HotellMotel lodging tax collections through December total $142K, which is $8K or 5.8% above the year-to-date budget of
$134K. Compared to 2003, the year-to-date lodging tax is about the same as last year. .
HOTEUMOTEL LOQGING TAX REVENUES
Year-to-date thru December
1999 2000 2001 2002 2003 2004 2004 Budget
Month Actual Actual Actual Actual Actual Budget * Actual $ Var % Var
Jan 7,169 10,145 7,374 8,122 8,234 9,377 1,143 13.9%
Feb 6,255 10,977 8,359 12,316 9,430 11,529 2,099 22.3%
Mar 6,204 11,239 6,072 12,153 8,848 7,340 (1,508) -17.0%
Apr 7,553 11,226 7,769 11,436 9,485 11,775 2,290 24.1%
May 10,383 13,693 8,491 11,449 11,044 9,613 (1,431) -13.0%
Jun 4,541 7,351 10,978 8,938 9,109 9,124 11,554 2,430 26.6%
Jul 5,401 8,584 10,663 13,751 12,110 11,340 10,352 (988) -8.7%
Aug 5,690 12,106 9,933 12,915 12,577 12,020 14,065 2,045 17.0%
Sap 8,539 15,569 16,071 13,802 15,666 15,407 16,496 1,089 7.1%
Oct 7,613 15,967 12,644 13,479 14,909 14,426 15,546 1,120 7.8%
Nov 8,971 13,463 9,607 13,367 12,246 12,351 12,932 581 4.7%
Dec 6,428 11,904 11,641 14,982 9,947 12,291 11,157 (1,134) -9.2%
YTD Total $ 47,182 $ 122,507 $ 138,817 $ 129,299 $ 142,041 $ 134,000 141,737 7,737 5.8%
Grand Total $ 47,182 $ 122,507 $ 138,817 $ 129,299 $ 142,041 $ 134,000 $ 141,737
Table reflects cash basis accounting
Utility Tax
Utility taxes received through December total $7.51M, which is $259K or 4% above the ytd budget total of$7.25M. This includes
85 low income senior rebates totaling $5K. The ytd thru December utility tax receipt is above the same period in 2003 by $528K
or 8%.
1999 2000 2001 2002 2003 2004 2004 Budget
Month Actual Actual Actual Actual Actual Budget Actual $ Variance % Variance
Jan $ 464,657 $ 494,362 $ 559,223 $ 568,968 $ 519,082 $ 632,154 $ 687,590 $ 55,436 8.8%
Feb 480,358 512,067 580,723 584,764 541,210 650,483 741,009 90,526 13.9%
Mar 470,869 496,215 595,183 602,121 611,927 667,054 705,007 37,953 5.7%
Apr 491,502 559,861 617,404 620,964 682,144 730,692 709,531 (21,161) -2.9%
May 475,874 466,035 544,080 567,810 696,681 649,725 617,502 (32,223) -5.0%
Jun 388,985 409,595 466,013 482,725 563,872 557,502 565,728 8,226 1.5%
Jul 389,430 419,539 435,775 442,319 540,460 546,750 554,115 7,365 1.3%
Aug 370,719 383,806 416,374 429,790 521,251 518,395 540,643 22,248 4.3%
Sep 394,041 428,707 428,486 429,090 540,705 523,639 545,963 22,324 4.3%
Oct 435,017 462,901 468,293 481,552 571,961 599,528 584,695 (14,833) -2.5%
Nov 426,991 446,614 466,773 456,405 557,063 572,915 595,016 22,101 3.9%
Dee 412,635 444,629 495,606 490,171 637,771 604,185 670,612 66,427 11.0%
Tax Rebate - - - - - - (5,068) (5,068) n/a
YTD Total $ 5,201,078 $ 5,524,330 $ 6,073,931 $ 6,156,679 $ 6,984,127 $ 7,253,021 $ 7,512,343 $ 259,322 3.6%
UTILITY TAXES
Year-ta-date thru December
Gas taxes are above the ytd budget of $859K by $215K or 25%. Electricity is below the ytd budget of $2.5M by $53K or 2%.
Cable taxes are above the ytd budget of $766K by $29K or 4%. Phone taxes are below the ytd budget of $l.1M by $87K or 8%.
Cellular phone taxes are above the ytd budget of $1.4M by $128K or 10%, which includes a settlement of $20K from a bankruptcy
proceeding for the periods from January 1999 to December 2001.
IS
6
Citv of Federal Wav
December 2004 Quarterlv Financial Report
The rate hikes in mid and late 2003 by Puget Sound Energy and the severe cold winter weather have attributed to the increase in
ytd gas tax collected. Compared to ytd 2003, Electricity is up $53K or 2%, Gas is up $245K or 30%, Cable is up $55K or 8%,
Phone is down $63K or 6%, and Cellular phone is up $200K or 16%.
UTILITY TAXES
Year-ta-date thru December
1999 2000 2001 2002 2003 2004 2004 Budget
Actual Actual Actual Actual Actual Annual Bdgt YTD Budget Actual $ Variance . Variance
Electric $ 1.944,250 $ 1,977,055 $ 1,904,457 $ 2,006,554 $ 2,389,069 $ 2,494,588 $ 2,494,588 $ 2,441,935 $ (52,653) -2.1%
Gas 601,714 677,259 974,993 918,478 829,892 859,213 859,213 1,074,501 215,288 25.1%
Solid Waste 329,964 341,039 362,788 394,437 471,666 467,765 467,765 513,878 46,113 9.9%
Cable 476,864 521,992 591,605 600,052 739,751 765,874 765,874 794,917 29,043 3.8%
Phone 1,069.707 1,062.954 1,093,815 981,575 1,081,716 1,105,572 1,105,572 1,018,451 (87,121) -7.9%
Cellular 615,191 794,266 998,819 1,101,560 1,282,051 1,353.979 1,353.979 1,482,410 128,431 9.5%
Pager 9,415 5,242 9,271 8,435 6,038 6,882 6,882 3,639 (3,243) -47.1%
SWM 153,973 144,522 138,183 145,588 183.944 199,148 199,148 187,679 (11,469) -5.8%
ax Rebate - - - - - - - (5,068) (5,068) n/a
Total $ 5,201,078 $ 5,524.330 $ 6,073,931 $ 6,156,679 $ 6,984,127 $ 7,253,021 $ 7,253,021 $ 7,512,343 $ 259,322 3.60/.
Table reflects reporting activity through year-tCHIate
State Shared Revenue
Year-to-date distribution of $4.46M is below the ytd budget of $4.52M by $63K or 1.4%. The unfavorable variance is due mainly
to decreases in criminal justice- high crime, local criminal justice sales tax and fuel tax, but offset by increases in liquor profits tax
and liquor excise tax.
STA TE SHARED REVENUES
Year-to-cIate thru December
1999 2000 2001 2002 2003 2004 2004 Budget
Revenue Actual Actual Actual Actual Actual Budget * Actual $Var %Var
Motor Vehide Excise Tax $ 1,059,402 $ 202,556 $ - $ - $ - $ - $ - $ - nIB
City Hardship Assistance - - - 35,064 - -. - - nIB
Camper Excise Tax 23,048 3,837 - - - - - - nIB
Liquor Profits Tax 412,576 466,746 442,941 458,749 527,500 473,995 605,243 131,248 27.7%
Liquor Excise Tax 242,698 281,352 282,016 295,100 300,207 297,135 323,236 26,101 8.8%
Crim Just Low-Pop/DCD 142,293 73,200 76,903 75,563 78,672 77,267 75,484 (1,783) -2.3%
Crim Just Hgh Grime 173,087 - - 82,034 167,402 160,000 84,919 (75,081) -46.9%
Equalization 433,576 24,103 - - - - - - nIB
Local Grim Just Sales Tax 1,478,343 1,632,969 1,653,470 1,600,854 1,596,387 1,714,051 1,639,478 (74,573) -4.4%
Fuel Tax 1,752,670 1,735,658 1,754,967 1,809,220 1,751,138 1,788,204 1,719,587 (68,617) -3.8%
Veh Lidl Fees 687,022 733,086 690,231 775,840 18,196 - - - nIB
DUI - Cities 16,505 10,936 13,686 14,384 14,198 14,000 14,119 119 0.8%
Local Govt Fin Asst. - 686,126 470,179 - - - - - niB
Total $ 6,421,221 $ 5,850,568 $ 5,384,393 $ 5,146,810 $ 4,453,701 $ 4,524,652 $ 4,462,066 $ (62,586) -1.4%
Change from prior year 489.2% -8.9% -8.0% -4.4% -13.5% -12.1% -13.3% nla nla
. Represents rronthly historical patterns (1999 - 2003) for the 2004 Budget.
II
7
Citv of Federal Wav
December 2004 Ouarterlv Financial Report
Building Permits and Plan Check Fees
Ytd building permit revenues total $1.55M, which is above the ytd budget by $360K or 30.1 %. This does not include ytd pass
through revenues of $80K. Revenues collected for expedited review is currently not budgeted nor are the offsetting expenditures.
Building permits, which includes mechanical, plumbing and clear/grade permits total $807K and is above the ytd budget by $224K
or 38%. Electrical permits of$135K are above the ytd budget of$106K by $28.6K or 27%. Plan check fees of$471K are $73K or
18% above the ytd budget estimate of $398K.
COMMUNITY DEVELOPMENT
BUILDING PERMITs/ZONING FEEs/PLAN CHECK FEES
1999 - 2004
1999 2000 2001 2002 2003 2004 2004 Budget
Revenue Actual Actual Actual Actual Actual Budget Actual $ Variance $ Variance
January $ 77,562 $ 68,683 $ 114,042 $ 235,933 $ 134,380 $ 117,094 $ 68.435 $ (48,658) -41.6%
February 95,739 64,619 67,205 76,786 68,531 72,326 175,557 103,230 142.7%
March 144,848 104,586 98,724 108,771 94,599 108,392 110,590 2,198 2.0%
April 88.404 103,334 91.446 119,843 73.435 93,810 137,906 44,097 47.0%
May 161,106 86,274 69,065 113,178 104,776 102,356 119,897 17,541 17.1%
June 165,674 92.413 100,012 164,763 188,806 137,109 147,090 9,980 7.3%
July 115,236 101,765 76,038 110,974 134.493 103,621 98,434 (5,186) -5.0%
August 134,784 63.482 99,766 138,017 110,152 102,965 117,666 14,702 14.3%
September 96,214 112.409 162,977 84,066 116,571 116,178 169,636 53.458 46.0%
October 52,306 119,502 51,303 118.473 70,508 79,543 136,361 56,818 71.4%
November 87,017 72,901 53,826 85,987 109,983 78,197 137,885 59,688 76.3%
December 69,149 72,125 67,060 132,036 87,010 82,419 134,533 52,114 63.2%
YTD Total $ 1,288,040 $ 1,062,094 $ 1,051,463 $ 1,488,826 $ 1,293,244 $ 1,194,009 $ 1,553,990 $ 359,981 30.1 "A
Annual Total $ 1,288,040 $ 1,062,094 $ 1,051,463 $ 1,488,826 $ 1,293,244 $ 1,194,009 $ 1,553,990 na na
YTD Expense** 2,315,289 2,244,234 2.433,309 2,351,433 2,553,608 2,404,981 2,534,601 na na
Recovery Ratio 55.6% 47.3% 43.2% 63.3% 50.6% 49.6% 61.3% na na
** Expenditures include Community Development Admin, Planning, and Building.
The table below presents a synopsis of year- to-date building permit activity for new construction between 2002 and 2004:
Building Division - Permit Activity
YTD Through December, 2004
2002 2002 2003 2003 2004 2004
Type of Permit No. Yalue ($) No. Value ($) No. Value ($)
New Residential (Platted) 162 $ 34,960,653 143 $ 33,558,500 157 $ 36,077,136
New Commercial 25 36,573,251 14 9,715,534 25 46,555,169
New Multi-Family Units I I 1,042,389
New Public
Subtotal -New Construction 188 $ 71,533,904 158 $ 44,316,423 182 $ 82,632,305
Manufactured Homes
Residential Alterations 156 3,214,845 147 3,994,655 132 4,792,134
Commercial Alterations 368 22,513,696 226 15,979,634 310 17,967,026
Plumbing Only 105 106 106
Mechanical Only 371 1,565,599 370 1,790,444 381 1,862,022
Misc. Building Pennits
:: Subtotal - Alterations 1,000 $ 27,294,140 849 $ 21,764,733 929 $ 24,621,182
Electrical Pennits 1,311 1,062 1,242
Total Building Permits 2,499 $ 98,828,044 2,069 $ 66,081,156 2,353 $ 107,253,487
Non-Building Permits:
Sign Pennits 237 887,344 241 571,714 229 642,106
Totals 237 $ 887,344 241 $ 571,714 229 $ 642,106
Total Commercial Valuation 393 $ 59,086,947 240 $ 25,695,168 335 $ 64,522,195
Commercial as a % of Total 16% 60% 12% 39% 14% 60%
* Includes al1 new, alteration
s
ItD
Citv of Federal Way
December 2004 Quarterlv Financial Report
ROW Permits and Fees
Overall Public Works permits and fees collected through December total $307K, which is $70K or 19% below the ytd budget of
$377K. Right-of-way permits collected total $90K which is $97K or 52% below the ytd budget of $188K. Plan review fees
collected total $123K which is $lK or 1% below the ytd budget of$124K. Public works inspection fees of$94K is $28K or 42%
above the ytd budget of $66K.
Revenues collected for expedited review total $32K and are not included in this table.
PUBLIC WORKS PERMITSIPLAN REVIEWflNSPECTION FEES
1999 - 2004
1999 2000 2001 2002 2003 2004 2004 Budget
Actual Actual Actual Actual Actual Budget Actual $ Variance % Variance
January $ 19,293 $ 23,523 $ 44,253 $ 39,039 $ 31,391 $ 36,426 $ 21.128 $ (15,299) -42.0%
February 16,802 17,837 29,361 13,302 16,851 28,794 34.076 5,282 18.3%
March 38,782 22,290 12,940 11,707 76,604 36.098 28,113 (7,985) -22.1%
April 16,286 22,313 23.964 23,975 14.823 36,275 21,779 (14,496) -40.0%
May 12,147 45,771 32,040 51,651 26,878 32,401 23,236 (9,165) -28.3%
June 17,944 24,811 37,544 17,263 29.063 31,807 41,327 9,520 29.9%
July 10,644 13,887 29,732 14,223 22.556 27,485 13,662 (13,823) -50.3%
August 23,777 21,405 49,974 36,986 25,430 32,648 27,251 (5,398) -16.5%
September 10,346 22.846 22,312 21,169 41,158 28,540 40,489 11,949 41.9%
October 14,652 17,754 17,687 11,332 14,878 22,820 9,732 (13,088) -57.4%
November 18,508 19.801 25,232 17,465 14,439 26,778 14,347 (12,431) -46.4%
December 38,690 8,163 39,532 41,369 82,170 37.223 31,673 (5,550) -14.9%
Year-to-Date Total $ 237,871 $ 260,401 $ 364,569 $ 299,479 $ 396,240 $ 377,296 $ 306,813 $ (70,483) -18.70/.
Annual Total $ 237,871 $ 260,401 $ 364,569 $ 299,479 $ 396,240 $ 377,296 $ 306,813 $ (70,483) -18.70/.
Monthly Average 19,823 21,700 30,381 24,957 33,020 31,441 25,568
9
Lli
Citv of Federal Wav
December 2004 Ouarterlv Financial Reoort
Court Revenue
Including probation revenue, the total collected through December amounts to $1185K which is $90K or 7% below last year's
collections. Court filings (which the City is compensated on) are down 12% ytd from 2003. Additionally the City's share of total
municipal court revenue is down 3% ytd from 2003 due to state legislative action, which resulted in decreased revenue to the City.
Total court revenue (from which the City, County, & State each share) is up slightly from 2003. A recent Supreme Court ruling
prevents the police from issuing citations or impounding vehicles for Driving While License Suspended 3 degree (DWLS 3). As a
result the loss of the DWLS cases will cause a decrease in court revenue. DWLS 3 comprises 33% of the court's criminal
caseload.
Probation Services
YTD Total 2004 Change from Budget
thru December Budget Actual $Var $ Var
Revenue $ 332,000 $ 395,156 $ 63,156 19.0%
Expenses 327,000 330,496 (3,496) -1.1%
Net Revenue $ 5,000 $ 64,660 na na
COURT REVENUE
B Month
Budget (less Probation) $854,000 $949,700 $893,478 $905,875 $908,813 $943,975 I
1999 2000 2001 2002 2003 2004 2004 Budget
Month Actual Actual Actual Actual Actual Budget Actual $ Var %Var
January $ 62,565 $ 61,809 $ 78,577 $ 48.982 $ 55.490 $ 70.457 $ 65.393 ($5,064) -7.2%
February 66.562 83.491 70,573 57,256 78,815 81,324 $ 72,879 (8.445) -10.4%
March 84,643 83,707 74,074 69,769 82,635 90,415 $ 72.423 (17,992) -19.9%
Apñl 82,673 74,273 77,631 72,609 73,723 87,549 $ 72.468 (15,081) -17.2%
May 61,106 75.541 82,169 46.487 67,131 75,769 $ 68,128 (7,641) -10.1%
June 72,121 73.046 73,812 49,004 77,763 78,842 $ 72,420 (6.422) -8.1%
July 61,536 71,957 59,668 65,189 70,613 75,393 $ 75,816 423 0.6%
August 71,255 97,179 71.793 68,659 57,817 83,913 $ 69,263 (14,651) -17.5%
September 62.059 71,311 67,015 55.775 64,752 73.418 $ 47,323 (26,095) -35.5%
October 58,199 60,635 62,650 79,013 77,681 77,939 $ 65,063 (12,875) -16.5%
November 64,346 71,783 52,340 67,344 61,858 72,953 $ 59,338 (13,615) -18.7%
December 58,863 65,100 45.386 66,133 97,011 76,004 $ 49,820 (26,185) -34.5%
Year-to-date Total $ 805,928 $ 889,832 $ 815,689 $ 746,221 $ 865,290 $ 943,975 $ 790,333 $ (153,642) -16.3%
Probation Services - - 153,597 280,050 374,262 332,000 395,156 63,156 19.0%
Traff Schl Adm Fee - - 38,228 21,126 - - - - 0.0%
Year-to-date Total $805,928 $889,832 $1,007,514 $1,047,397 $1,239,552 1,275,975 $1,185,489 ($90,486) -7.1%
Year-to-date % Change nla 10% 13% 4% 18% 3% -4% n/a
Annual Total $805,928 $889,832 $1,007,514 $1,047,397 $1,239,552 $1,275,975
, Induded in Court Revenue are Probation Services and remittances from District Court for 'Shared Court Costs'. 'Court Record Services. and Other Court-related miscellaneous
revenue. Traffic School is now induded in Police Revenues.
Traffic and non-parking fines total $494K and is $59K or 11 % below the ytd budget, and compared to ytd 2003, collections are
below by 4%. Parking infractions total $36K and is $17K or 32% below the ytd budget, and compared to ytd 2003, collections are
below by 40%. DUI and other misdemeanors total $135K and is $29K or 18% below the ytd budget, and compared to ytd 2003,
collections are below by 3%. Criminal costs total $64K and is $24K or 28% below the ytd budget, and compared to ytd 2003,
collections are above by 34%.
COURT REVENUE
By Category Through December
- -- - - - - - - - - - - - -- -- ---- - - - - - - -- -- ---- -- ---- -- -- -- - - -- -- -- -- -- -- -- -- -- - --- -- - - -- -- -- - - -- --- - -- - -- - --- -- - --- -- - ----- - - ----- ---- ---- ------ ------------ -- --------------- ------ -----
2004 2004 Budget
-- --- --- -------------- ------- ---------- --- -- -- - - ------- -- ----- -----
1999 2000 2001 2002 2003 Annual Budget YTD Budget Actual $Var "I.Var
Civil Penalties 4,760 5.466 6,749 6,313 6,278 7,417 7,417 11,817 4,400 59.3%
Traffic & Non-Par1<ing 470,113 510,574 472,207 432,200 512.103 552.703 552.703 494,177 (58,526) -10.6%
Parl<inQ Infractions 52,902 54,151 58,207 31.984 59,083 52,458 52,458 35,584 (16.874) -32.2%
DUI & Other Misd 108,769 163,025 150,651 139,926 139,249 184,459 184,459 135,266 (29.193) -17.8%
Criminal Traffic Misd 59,571 54 ,564 46,629 75,516 46,278 73,007 73,007 45,274 (27,733) -38.0%
Criminal Costs' 101,263 94,612 74.136 55,337 97,097 87,965 87,965 63,746 (24,219) -27.5%
Shared Court Costs 8,550 7,439 7.110 4,946 5,202 5,966 5,966 4,470 (1,496) -25.1%
Subtotal 805,928 889,832 815,689 746,221 865,290 943,975 943,975 790,333 (153,642) -16.3'10
Probation Services I I 153,597 280,050 374,262 332,000 332,000 395,156 63.1561 19.0%
Traff Schl Adm Fee I I 38.228 21,126 I 0.0%
Total 805,928 889,832 1,007,514 1,047,397 1,239,552 1,275,975 1,275,975 1,185,489 (90,486) -7.1"1.
I(1-
10
Citv of Federal Wav
December 2004 Ouarterlv Financial Report
OPERA TlNG EXPENDITURES
Operating funds expenditures through December total $43.3M or 93% of the annual operating budget of $46.4M. Operating
expenditures are below the ytd budget of $46.4M by $3.IM or 7%.
EXPENDITURE SUMMARY BY DEPARTMENT
Period Ending December 31, 2004
2004 Revised Budget Actuals Variance
2002 2003 Through Through Favorable (Unfavorable)
Uses Actual Actual Annual December December $ %
City Council $ 258,062 $ 285,443 $ 305,038 $ 305,038 $ 306,312 $ (1,275) -0.4%
City Manager 702,765 648,912 924,753 924,753 798,934 125,819 13.6%
Municipal Court-Operations 1,190,711 1,315,011 1,441,066 1,441,066 1,384,959 56,107 3.9%
Management Services 1,747,702 1,754,553 2,043,473 2,043,473 1,965,579 77,894 3.8%
Civil/Criminal Legal Services 1,143,436 1,231,859 1,427,447 1,427,447 1,203,652 223,795 15.7%
Comm. Development Svcs 3,038,385 3,337,231 3,720,212 3,720,212 3,304,483 415,728 11.2%
Police Services 14,217,460 14,838,136 16,075,115 16,075,115 15,618,964 456,151 2.8%
Jail Services 1,071,585 1,133,248 1,384,060 1,384,060 1,191,854 192,206 13.9%
Parks and Recreation 3,220,393 3,647,537 4,042,762 4,042,762 3,765,215 277,547 6.9%
Public Works 3,514,203 3,568,847 4,046,049 4,046,049 3,611,569 434,480 10.7%
City Overlay Program 1,657,409 1,982,519 1,211,632 1,211,632 1,184,765 26,867 2.2%
Solid Waste 296,354 321,037 367,661 367,661 283,797 83,864 22.8%
Hotel/Motel Lodging Tax 105,758 104,577 350,999 350,999 186,625 164,374 46.8%
Surface Water Management 1,835,915 2,183,531 2,480,447 2,480,447 2,330,100 150,347 6.1%
Debt Service 4,485,280 15,863,046 5,889,631 5,889,631 5,525,664 363,967 6.2%
Dumas Bay Centre 504,604 482,436 501,630 501,630 474,578 27,052 5.4%
Knutzen Family Theatre 160,732 188,785 179,177 179,177 196,284 (17,107) -9.5%
Subtotal Operating Expenditures 39,150,754 52,886,708 46,391,151 46,391,151 43,333,334 3,057,817 6.6%
Other Financing Uses. 8,184,384 20,050,416 17,138,488 16,594,173 16,594,173 - nla
Total Expenditures & Other Uses $47,335,138 $ 72,937,124 $ 63,529,639 $ 62,985,324 $ 59,927,507 $ 3,057,817 4.9%
'umer t-Inanclng uses are mose activitieS conslcerec one time In nature.
City Council
City Council expenditures total $306K, which is above the ytd budget total of$305K by $lK or 0%.
City Manager
Activity through December totals $799K, which is below the ytd budget total of $925K by $126K or 14%. The favorable
expenditure variance is due primarily to salary savings from the vacant assistant city manager position, kiosk ($51K), and
storyboard ($5K).
Municipal Court
Municipal Court expenditures total $1.39M, which is below the ytd budget total of $1.44M by $56K or 4%. The favorable
expenditure variance is in salary and benefits due to vacancies that occurred throughout the year.
Management Services
Management Services expenditures through December total $1.97M, which is below the ytd budget total of $2.04M by $78K or
4%. The favorable expenditure variance is due primarily to one-time funded programs such as cable franchise negotiation, internal
service charges for system upgrades/implementation, job advertisements, and employee educational assistance.
Civil/Criminal Legal
Law expenditures through December total $1.20M, which is below the ytd budget total of $1.43M by $224K or 16%. The
favorable expenditure variance is due to salary savings, outside legal counsel, and labor negotiations.
Community Development
Community Development expenditures through December total $3.30M, which is below the ytd budget total of$3.72M by $416K
or 11 %. Savings are primarily in various one-time funded programs. These programs include neighborhood matching grant,
CERT and volunteer program, human services contracts, human service comp plan, shoreline inventory, permit process intern,
code amendments, business park zone study, consultants paid from state grant, planned action SEP A, and upgrades to the permit
system.
Il3
11
City of Federal Wav
December 2004 Ouarterlv Financial Report
Hotel/Motel Lodging Tax
Ytd expenditures total $187K and are comprised of tourism promotion ($32K), General Fund admin fees ($13K), Korean Cultural
& Sports Festival ($66K), events planning-Women's Marathon/Sporting Event ($27K), Fanners Market ($22K), Tourism
Enhancement Grants ($25K), and misc. ($2K). Overall revenues total $145K and are made up of hotel/motel tax ($ 142K), interest
earnings ($3K), and postcard sales of($23).
Police Services
Police Services have expended $15.62M through December, which is below the ytd estimated budget of $16.08M by $456K or
3%. The favorable variance of expenditures to budget is due primarily to personnel costs and one-time funded programs.
Public Safety Personnel Costs
2004 YTD Thru December 31, 2004
$ Variance % Variance
Favorable Favorable
Annual Budget YTD Budget YTD Actual (Unfavorable) (Unfavorable)
SalarieslWages 8,886,235 8,886,235 8,585,245 300,990 3.4%
P3 555,860 555,860 327,717 228,143 41.0%
Temp HelpfOn-CalifField-Training 39,423 39,423 10,827 28,596 72.5%
Overtime 255,000 255,000 511,499 (256,499) -100.6%
Termination Pay - - 17 ,825 (17,825) nfa
Benefits 2,327,616 2,327,616 2,330,511 (2,895) -0.1%
Subtotal 12,064,134 12,064,134 11,783,623 280,512 2.3%
Traffic School OT 57,000 57,000 59,922 (2,922) -5.1%
Total Personnel Costs 12,121,134 12,121,134 11,843,545 277,589 2.3%
Year-to-date Police overtime is 15% or approximately $73K below the same period last year. There is a $28K increase in
overtime for contracted services and the homeland security programs. When the increase from the billable overtime is included
the total overtime is decreased by 8% or around $46K for the year.
Court related overtime accounts for $41K or 8% of 2004's total overtime. The court case flow work group is currently evaluating
opportunities to reduce police overtime for court appearances.
PS Overtime By Type
2003 2004
26,169 28,575
52,907 41,066
336,032 280,275
2,689 94
59,062 53,420
476,859 403,429
74,953 $107,569
5,355 501
80,308 108,069
$ 557,167 $511,499 $
Type
Training
Court
Field Operation
SOAP
Other
City Portion
Contract or Grant $
Homeland Sec.
Billable
Grand Total
$ %
2,406 9%
(11,841) -22%
(55,757) -17%
(2,595) -97%
(5,642) -10%
(73,430) -15%
32,616 44%
(4,855) 0%
27,761 35%
(45,669) -8%
As shown by the month-to-month overtime comparison graph, 2004 monthly expenses declined over the levels from 2003 through
May. The June through December 2004 monthly expenses varied relative to the levels from 2003.
Police Overtime Expense
$80,000
$70.000
-- 2003
-.- 2004
$60,000
$50.000
'"
~ $40,000
()
$30,000
$20,000
$10,000
$0
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Month
TiLl
12
City of Federal Way
December 2004 Quarterlv Financial RelJort
The following is an analysis on traffic school activity. Through December, revenues total $236K, while expenditures total $80K.
Traffic School Activity
YTD Thru December
Change from 2003
1999 2000 2001 2002 2003 2004 $Chg %Chg
Revenue $ 56,375 $ 90,325 $ 97,606 $ 102,731 $ 185,179 $ 235,586 $ 50,407 27.2%
Expenditures:
Overtime 23,050 42,538 41,828 40,549 50,375 59,922 (9,547) -19.0%
Supplies - 1,005 1,868 18,707 6,986 8,829 (1,843) -26.4%
TraveltTraining 2,739 300 2,579 15,106 345 9,132 (8,787) -2547.1%
Other Charges 266 4,168 163 1,004 195 2,085 (1,890) -969.3%
Court Costs 23,669 - - - - - - nfa
Capital - - - 26,332 - - - nfa
Other - - - - 484 - 484 100.0%
Total Expenditures 49,724 48,011 46,438 101,698 58,385 79,969 (21,583) -37.0%
Jail Services
The table below compares activity through December. Jail Services is below the ytd budget of$1.38M by $192K or 13.9%.
Jail Services By Month
YTD thru December
2004 Change from Budget
1999 2000 2001 2002 2003 Budget Actual $Var %Var
January $ 94,333 $ 120,003 $ 111,723 $ 108,739 $ 92,944 $ 114.278 $ 84,767 $ 29,511 25.8%
February $ 90,164 $ 128,139 $ 116,334 $ 112,436 $ 86,453 115,404 81,184 34,220 29.7%
March $ 121,485 $ 144,080 $ 120,793 $ 99,516 $ 95,849 123,975 105,967 18,008 14.5%
April $ 125,588 $ 138,973 $ 129,903 $ 84,259 $ 104,660 123.922 104,278 19,643 15.9%
May $ 149,750 $ 160,082 $ 121,097 $ 75,907 $ 110,778 129,705 91,051 38,654 29.8%
June $ 150,656 $ 124,017 $ 121,974 $ 74,045 $ 108,047 122,149 75,474 46,675 38.2%
July $ 183,945 $ 122,690 $ 102,848 $ 92,830 $ 107,300 128,504 83,270 45,234 35.2%
August $ 163,973 $ 108,249 $ 94,176 $ 91,360 $ 95,840 117,146 90,430 26,716 22.8%
September $ 108,393 $ 104,715 $ 115,010 $ 89,959 $ 91,957 109,569 89,205 20,364 18.6%
October $ 115,714 $ 110,104 $ 98,208 $ 79,586 $ 86,502 104,296 78,096 26,201 25.1%
November $ 113,844 $ 114,645 $ 72,631 $ 84,463 $ 75,775 97,974 74,069 23,905 24.4%
December $ 111,013 $ 101,125 $ 88,610 $ 78,485 $ 77,142 97,137 234,062 (136,924) -141.0%
YTD Total $ 1,528,859 $ 1,476,823 $ 1,293,306 $ 1,071 ,585 $ 1,133,248 $ 1,384,060 $ 1,191,854 $ 192,206 13.90/.
Grand Total $ 1,528,859 $ 1,476,823 $ 1,293,306 $ 1,071,585 $ 1,133,248 $ 1,384,060
Parks and Recreation
Parks Operations expenditures through December total $3.77M, which is $278K or 7% below the ytd budget of $4.04M. The
favorable variance of expenditures to budget is due primarily to favorable variances for one-time funded programs. One-Time
funded programs include: maintenance contract ($25K), facilities repair and maintenance ($32K), senior services ($25K), Arts
Commission-contract for services program ($25K), Arts Commission contract carry-forward ($23K), and registration system
upgrades ($5K). The growth in Senior Services revenue is due to the popularity of the trips and tours program. Recreation Inc
program growth is due to increased registration as the program has become better known in the area. The number of programs
offered has been slowly increased based on interest.
Recreation and Cultural Services:
Direct program expenditures total $1.17M or 85.8% of the total annual budget of$1.36M not including indirect costs. Including
indirect administration costs, recreation expenditures total $1514K and are 87.4% of the total annual budget of$1.73M. Recreation
fees total $836K and are 92.2% of the total annual budget of $907K. Recreation fees have recovered 71.6% of direct program costs
and is 5% above the annual budgeted recovery ratio of 66.6%. Considering indirect administration costs, the recovery ratio is
reduced to 55.2% or 2.8% above the annual budgeted recovery ratio of 52.4%.
Dumas Bay Centre
Dumas Bay Centre operating revenues of $475K are down by $25K or 5% compared to the ytd budget of $500K. Operating
expenditures through December total $475K, which is $27K or 5% below the ytd budget of $501.6K. Dumas Bay Centre has
recovered 100.1 % of its operating expenses.
I'S
13
CitV of Federal Way
December 2004 Quarterly Financial Reoort
Knutten Theatre
Operating revenues of $87K are up $llK or 14% compared to the ytd budget of $77K. Operating expenditures through
December total $196K, which is $17K or 10% above the ytd budget of $179K. Knutzen Theatre has recovered 44.1 % of its
operating expenses. Electrical repair & maintenance expenditures were made for the winches, which are not expected to recur in
the near future.
RECREATION & CULTURAL SERVICE PROGRAMS AND DUMAS BAY CENTRE PERFORMANCE
Year to Date Through December 2004
I ReV9lJues Exoenditures I Recovery RIIUo "
Program I Budget I Actual I " I Budget I Actual " Budget I Actual
RECREATION & CULTURAL SERVICE PROGRAMS
Steel Lake Aquatics 2,000 1,483 74.2% 20,626 24,072 116.7% 9.7% 6.2%
Arts & Special Events 88,100 86,499 98.2% 108.667 110.906 102.1% 81.1% 78.0%
Youth Athletics 58.800 45,433 77.3% 87,565 71,911 82.1% 67.2% 63.2%
Adult Athletics 199,000 209,157 105.1% 113,742 132.353 116.4% 175.0% 158.O"k
Community Recreation 166,000 165,273 99.6% 138,325 183,033 132.3% 120.0% 90.3%
Community Center 28.500 28,713 100.7% 90,993 85,961 94-5% 31-3% 33.4%
Recreation Inc 17,700 45,798 258.7% 53,764 44,727 83.2% 32.9% 102.4%
Youth Commission 500 725 145.0% 1.800 2,233 124.0% 27.8% 32.5%
Red, White & Blue' 24.700 36,389 147.3% 41,200 49,415 119.9% 60.0% n/
Senior Services 7,650 24,092 314.9% 84.280 70,382 83.5% 9.1% 34.2
Kenneth Jones Pool 314,000 192,374 61.3% 620.614 392,854 63.3% 50.6% 49.0'
Subtotal $ 906,950 $ 835,938 92.2% $ 1,361,578 $ 1,167,845 85.8e¡. 66.6% 71.6
Admínlstration - - 0.0% 369,929 345.792 93.5% nIa nI
TOTAL RECREATION $ 906,950 $ 835.936 92.2% $ 1,731,505 $ 1,513,837 87.4% 52.4% 55.Z'
DUMAS BAY CENTRE
Dumas Bay Centre 496.750 474,922 95.6% 501,630 474,578 94.6% 99.0% 100.1%
Knutzen Family Theatre 76,601 86,604 113.1% 179,177 196,284 109.5% 42.8% 44.1%
TOTAL DUMAS BAY CENTRE $ 573,351 $ 561,528 97.9% $ 680,807 $ 870,862 98.5% 84.2% 83.7810
Arts Commission - 190 nla 93,529 36,093 38.6% nla nJ¡
GRAND TOTAL $ 1,480,301 $ 1,397,852 94.4% $ 2,505,841 $ 2.220,592 88.6% 59.1% 62.9~
Expen<lllul'œ do not Include reslwal equity transfers or Other Inlerfund ",,"lribollons.
Kenneth Jones Pool
Ytd pool expenditures total $392K, revenues total $476K.
Kenneth Jones Pool Annual Actual
Per City's Financials Budget YTD December
Operating Revenue 314,000 $ 192,374
Transfer-In from Utility Tax 309,000 283,910
Total Oper Rev & Other Sources 623,000 $ 476,264
Salaries & Benefits 268,836
Supplies 4,444
Utilities 78.593
Professional Services 1,243
Travel & Training 2,833
Other Services & Charges 11,861
Intergovernmental 421
Capital I mprovementslMaintenance 10,502
Interfund Charges 14,122
Total Oper Expenditures $ 620,614 $ 392,854
Rev Over/(Under) Exp 2,386 83,430
Public Works Operations
Public Works Operating expenditures are below the December ytd budget of $4.05M by $434K or 11 %. The favorable variance
of expenditures to budget is due primarily to the favorable variances for one-time funded programs. These program variances
include: emergency management software ($17K), homeland security grant ($14K), signal coordination grant ($23K), Silver Lk
NTS & 320 S ($33K), tree replacement ($20K), and flatbed truck & retrofit ($50K).
'lIb
ty.
Citv of Federal Wav
December 2004 Ouarterlv Financial Report
Solid Waste and Recycling Operations
Expenditures are below the December ytd budget of $368K by $84K or 23%.
Surface Water Management Operations
Expenditures are below the December ytd budget of $2.48M by $150K or 6%. The favorable variance of expenditures to budget
is due primarily to favorable variances for one-time funded programs. These program variances include: ecosystem restoration
project ($IOK) and Vactor cleaning service ($41K). Additionally there was a delay in the hiring for two positions which
contributed to the favorable variance of expenditures to budget.
The table below presents a year-to-date analysis of the Public Works and Surface Water Management (SWM) contracts with King
County, WSDOT, and private vendors. Most ongoing maintenance takes place during the spring and summer months.
Tl'" - - YTD thru December
Exoenditures
Proaram Budget Actual %
Emergency Management 7,500 (42,000) -560.0%
Subtotal Administrative Services 7,500 (42,000) -560.0%
Contracted Engineering Services 500 - 0.0%
Expedited Plan Review (1) - 29,735 nla
Subtotal Development Services 500 29,735 5947.0%
Neighborhood Traffic Safety-Private Contract 40,000 25,490 63.7%
Pavement Marking Maintenance-Private Contract 15,000 23,738 158.3%
Access Management Retrofits 8,000 - 0.0%
Contracted Engineering Services 8,000 - 0.0%
Neighborhood Traffic Safety 10,000 15,749 157.5%
Traffic Maintenance-King County 360,100 459,065 127.5%
Traffic Impact Fee 27,607 31,848 115.4%
Sutotal Traffic Services 468,707 555,890 118.6%
Street Maintenance - Private Contractors (2) 261,382 127,635 48.8%
Street Maintenance - WSDOT 50,036 23,141 46.2%
Structure Maintenance (3) 119,367 119,367 100.0%
Subtotal Street Systems 430,785 270,143 62.7%
Pavement Management System 20,000 19,540 97.7%
Subtotal Overlay Program 20,000 19,540 97.7%
Solid Waste Litter Control 48,250 48,755 101.0%
Subtotal Solid Waste 48,250 48,755 101.0%
Water Utility Billing - KC 79,845 46,023 57.6%
Watershed Interlocal Agreement - 13,744 nla
State Highway Maintenance - WSDOT 20,000 11,570 57.9%
Water Analysis 13,877 9,561 68.9%
Str. Sweeping, Catch Basin, Manhole & Pipes 213,711 199,809 93.5%
Total Suñace Water Management 327,433 280,708 85.7%
Snow & Ice Removal 26,200 4,358 16.6%
Subtotal Snow & Ice Removal 26,200 4,358 16.6%
Total Contractual Services $ 1,329,375 $ 1,167,128 87.8%
(1) Expedited plan review service expenditures have matching revenues.
(2) Private Contracts for streets maintenance/traffic control ($16.687), ROW vegetation, mowing and tree
maintenance ($161,000), stump grinding, irrigation services, dangerous tree removal ($10,000),
small works projects ($14,000), noxious weed control ($6,000), paving inspection services ($17,445).
and tree replacement ($20,000).
(3) Private Contractors for sidewalk, ramps, curb and gutter maintenance ($112,696) and fences, guardrails,
barriers and retaining wall maintenance ($6,671).
III
15
Citv of Federal Wav
December 2004 Ouarterlv Financial Report
CASH & INVESTMENTS
The following table shows the in-house investment activity schedule and their related yields and comparison to benchmark. Per
policy, the basis used by the City to determine whether market yields are being achieved is the range between the average 6 month
US Treasury Bill (2.50%) and the State Investment Pool (2.07%). The current in-house investment yield is 2.61 % which is
greater than both benchmarks.
Investment Schedule
December, 2004
Settlement Investment Maturity Yield to
Type Date Par Amount Cost Date Maturity
Aaencv - FNMA 3136F3V3 07/21/03 $ 800,000 $ 797,500 07/21/06 2.38%
Agency - FHLB 31339YZX3 08/14/03 $ 1,000,000 $ 1,000,000 08/14/06 2.52%
Aaencv - FFCB 31331QN78 06/09/03 $ 1,000,000 $ 999,500 03/09/07 2.46%
Agency- FNMA 3136F3VQ6 OS/27/03 $ 1,000,000 $ 1,000,750 OS/25/07 2.48%
Aaencv - FNMA 3136F3UT1 05/30t03 $ 1,000,000 $ 997,529 12/03/07 2.59%
Aaencv - FHLMC 3128X1VW4 08/22/03 $ 900,000 $ 887,400 01/30/07 3.18%
Average Maturity 388
Averaae Yield to Maturitv 2.61%
Average Yield - 6 mo. T-Bill 2.50%
Municipal Investor Account $ 19,879,153 1 day 2.15%
State Investment Pool $ 31,699,452 1 day 2.07%
Averaae Portfolio Maturitv & Yield 39 2.16%
Total Investments $ 57,261,284
The total invested balance at the end of December is $57.3M, which includes $31.7M in the state investment pool, $5.7M in-house
investment purchases, and $19.9M in the Municipal Investor Accounts. The state pool is composed of agency coupons (9.1%),
discount notes (64.5%), certificates of deposit (8.0%), treasury securities (3.5%) and repurchase agreements (14.9%). The City's
total investment portfolio is made up 55% State Pool, 10% In-House Investments, and 35% Municipal Investors Accounts.
Investment Interest Rates Comparison
For the Month of December
Total Portfolio by Category
December 31, 2004
4.0%
3.5%
3.0%
2.5%
2.0%
1.5%
1.0%
0.5%
0.0%
2002
1116 Month T-Bill
IIIState Investment
Pool
Din-house
Investment
D Municipal Investor
Account
III Portfolio Average
Municipal
Invenstors
Account ~
35%
In-House State
Invest Investment
(Agencies) Pool
10% 55%
2003
2004
DEBT SERVICE
Under RCW 39.36.020(2), The City Council may approve bond issues not to exceed 1.5% of the City's assessed valuation. In
addition, the public may vote to approve bond issues for general government in an amount not to exceed 2.5% of the value of all
taxable property within the City. The City's outstanding total general obligation debt is $30.8M at December 31, 2004, including
the note assumption for the acquisition of the new city hall facility and Community Center bond issue. This leaves the City with a
remaining debt capacity without voter approval of $67M and an additional $63M that can be accessed with voter approval. The
voter approved capacity is generally referred to as unlimited tax general obligation debt, which requires 60% voter approval and
the election must have a voter turnout of at least 40% of those who voted in the last State general election. With this vote, the
voter approves additional property tax be levied above and beyond the constitutional and statutory caps on property tax.
In addition to these general purpose debt capacity, RCW 39.36.030(4) also allows voters to approve park facilities and utility bond
16
J=(t)
Citv of Federal War
December 2004 Ouarlerlv Financial R~1Jorl
issues, each limited to 2.5% of the City's assessed valuation. Therefore, legally the City can issue up to a total of 7.5% of the
City's assessed valuation in bonds for $443M. The Public Works Trust Fund Loans are the obligation of the Surface Water Utility
and backed by the rates collected from users and are not considered as the City's general obligation debts nor are they subject to
the limitation of indebtedness calculation. The tables below show the available debt capacity for the City and schedule of
oustanding debt as of December 31, 2004.
COMPUTATION OF LIMITATION OF INDEBTEDNESS
December 31,2004
General Purooses Excess Levy Excess Levy Total
Councilmanic Excess Levy Open Space Utility Debt
DESCRIPTION (Limited GO) (Unlimited GO) and Park Purooses ~
AV' $6,262,874,389 (A)
1.50% $ 93.943,116 $(93.943,116)
2.50% 156,571,860 156,571,660 156,571.860 $ 469,715,579
Add:
Cash on hand for
debt redemption (B) 4,030.995 - - - 4,030,995
Less:
COPs outstanding - - - -
Bonds outstanding (30,609,349) - - - (30,609,349)
REMAINING DEBT CAPACITY $ 67,164,762 $ 62,628,744 $ 156,571,860 $ 156,571,860 $ 442,937,225
GENERAL CAPACITY Ie) $129,793,506
(A) Final 2003 Assessed Valuation.
(B) Fund balance of $2,935,416 in debt service prefunding balance and $1,095,579 in utility tax fund.
(C) Combined total for Councilmanic, and Excess Levy capacities.
OUTSTANDING GENERAL OBLIGA nON DEBT - As of December 31, 2004
Amount Outstanding Outstanding
Funding Date of Maturity Originally Debt as of Amount Debt as of Callable Callable
DescriDtion Pumose Source Issue Date Interest Rate Issued 111/2004 Redeemed 12/31/2004 Date Amount
General Obli~atlon Bonds:
Develop Saghalie
1993 Limited Park REET 14-Jun-93 I-Dee-08 2.70-5.70 2,390,000 1,000,000 (1,000,000) . I-Dee-OJ 1,000,000
Transport. & Street
1995 Limited !mDrove Projects Utax 28-Dec-95 I-Dec-05 3.90-4.75 5.000,000 1,280.000 (625,000) 655,000 -
Transport. & Street
1996 Limited !mDrove Pro'eets Utax 29-Feb-96 I-Dee-05 3.50 - 4.50 2.500.000 635.000 (310.000) 325,000 - -
Knutzen Theatre,
Sportsfields.
Downtown PS
1997 Limited Facility Utax 22-At)f-97 l-Dec-12 5.00 - 5.30 16,150,000 8.465,000 (1,520,000) 6.945,000 l-Jun-06 3,660,000
Porch SI. Maint.
Mower & Dump
1999 COPS Truck REET I-Au~-99 I-Jun-04 5.16 184.000 20,490 (20.490) - -
Valley Comm (911
Dispatch)-Center
2000 Limited Bldg & EQuiDment REET 12-SeD-OO I-Dec-15 5.31 2.551.600 2,193.000 (139,000) 2.054,000 - -
Paragon Building
GMAC Loan
2003 Limited AssumDtion GF I-Jul-03 I-Nov-07 7.58 6,168.599 6,137,026 (81.677) 6,055.349 I-ADr-07 5,800.000
2003 Limited Community Center Utax 15-Nov-03 I-Dec-33 4.67 - 15,000,000 (225,000) 14.775,000
Total General Obligation Debt $ 34,944,199 $ 34,730,516 $ (3.921,167) $ 30,809,349 10,460,000
Public Works Trust Fund Loan:
j I-Aug-~4,
SWM C1P-KiUs 24-Jul-96 &
PWTL Comer Project SWM 04-Sep-97 I-Jul-14 1.00 1,555,440 948,634 (86,239) 862.395 - -
~WM LlP-~ealac
Mall Detention 31-May& 14
PWTL Proj. SWM Aug I-Jul-19 1.00 2,475,000 1,537,916 (96,120) 1,441,796 -
Subtotal PWTFL 4.030,440 2,486,550 (182.359) 2,304,191 -
Grand Total $ 38.974,639 $ 37,217.066 $ (4,103,526) $ 33.113,540 $ 10,460,000
17
TI1
Citv of Federal Wav
December 2004 Ouarterlv Financial Report
FUND ACTIVITY SUMMARY
Beginning Fund
Fund Balance at 1/1/04 Revenue Expenditures Net Income In/(Out) 12131/2004
GeneraUStreet Fund: $ 8,109,614 $ 33,834,490 $ 38,818,486 $ (4,983,996) $ 3,125,618
Debt Service Fund: (1) 2,599,652 7,486,430 7,150,664 335,765 2,935,417
Special Revenue:
Arterial Street 483,750 1,826,047 2,243,765 (417,718) 66,032
Utility Tax (1) 803,062 7,561,413 7,268,896 292,517 1,095,579
Solid Waste & Recycling 142,776 266,190 283,797 (17,607) 125,169
Special Study (Gov. TV) 29,723 5,408 (22) 5,430 35,153
HotellMotel Lodging Tax 216,999 144,822 186,625 (41,803) 175,196
2% for the Arts 9,710 449,068 196,628 252,441 262,151
CDBG 9,795 1,275,848 1,209,471 66.377 76,172
Paths & Trails 61,131 9,498 65,000 (55,502) 5,629
Subtotal Special Revenue Funds 1,756,947 11,538,294 11,454,159 84,135 1,841,081
Capital Project:
Municipal Facility 6,923,229 1,359,112 6,701,243 (5,342,131) 1,581,098
CommunitylSenior Center/Pool 17,087,417 2,435,871 1,309,487 1,126,384 18,213,801
Celebration Park 115,735 3,754 7,398 (3,645) 112,090
Park Improvements 944,858 632,294 517,157 115,137 1,059,995
Surface Water Management 6,538,635 2,310,684 2,572,699 (262,015) 6.276,620
Transportation 8,369,009 12,633,146 9,570,789 3,062,357 11,431,366
Subtotal Capital Projects 39,978,882 19,374,860 20,678,773 (1,303,913) 38,674,969
Enterprise Funds:
Surface Water Management 935,697 3,529,708 4,059,088 (529,381) 406,316
Dumas Bay Centre Operations (22,234) 497,156 474,578 22,578 344
Dumas Bay Centre Capital 266,881 125,829 - 125.829 392,710
Knutzen Family Theatre Capital 50,623 837 12,369 (11,532) 39,091
Knutzen Family Theatre Operations 8,005 184,439 196,284 (11,845) (3,840)
Subtotal Enterprise Funds 1,238,971 4,337,969 4,742,320 (404,350) 834,620
Internal Service Funds: (2)
Risk Management 4,014.558 1,028,842 929,309 99,533 4,114,091
Information Systems 1,876,477 1,632,744 1,402,772 229,972 2,106,448
Mail & Duplication 162,878 199,698 165,616 34,082 196,960
Fleet & Equipment 2,248,095 1,292,620 1,135,944 156,676 2,404,771
Buildings & Furnishings 55,516 416,888 365,219 51,669 107,185
Subtotal Internal Service Funds 8,357,524 4,570,792 3,998,860 571,932 8,929,456
Total All Funds $ 62,041,589 $ 81,142,835 $ 86,843,262 $ (5,700,427) $ 56,341,162
(1) Utility Tax and Debt Service fund balance is reserved for the payment of debt service.
(2) Internal Service fund balance is comprised of accumulated replacement reserves for the purpose of fixed asset replacement.
with the exception of Risk Management, which is comprised of accumulated reserves for self-insurance and strategic reserve.
TiAJ
18
Citv of Federal Wav
December 2004 Ouarterlv Financial Reoort
SUMMARY ATTACHMENT A
ATTACHMENT A
CITY OF FEDERAL WAY
SUMMARY OF SOURCES AND USES
OPERATING FUNDS
Through December 2004
1999 - 2004
2004 Revised Budast Actuals Variance
Through Through Favorable (Unfavorable)
SourceslUses 1999 2000 2001 2002 2003 Annual December December Dollars ($) Percent ('!o)
Beginning Fund Balance $ 17,580,138 $ 18,050,656 $ 20,817,900 $ 22,799,494 $ 24,598,825 $ 13,352,681 $ 13,338,452 $ 13,338,452 $ O.O'~
Operating Revenues
Property Taxes 6,612,491 6,976,972 7,215,272 7.644,130 7.951.964 8,107,771 8.107.771 8,121,088 13.317 0.2%
Sales Tax 9.664,945 10.159,770 10.302,061 10,773,246 10,518,231 10,835,153 10.835.153 10.536,297 (298,856) -2.8%
HotellMotel Lodging Tax 47.182 122.507 138,817 129.299 142,041 1 34, 000 134,000 141,737 7,737 5.8%
riminal Justice Sales Tax 1,478.343 1,632,969 1.653,470 1.600.854 1.596,387 1,714,051 1,714,051 1,639,478 (74,573) -4.4%
Intergovemmental 4.942,878 4,217.599 3.730.923 3.545,956 2.857.314 2.810.601 2,810,601 2,822.588 11.987 0.4%
Real Estate Excise Tax 2,438.148 2.149,790 1,997.537 2.517,473 2.851,386 1.900.000 1,900.000 3,057,745 1,157.745 60.9%
Gambling Taxes 1,430,362 1.601,699 2,227.117 1,926.443 1,803.996 1.850.000 1.850.000 1,420,073 (429.927) -23.2%
Utility Taxes 5,201.078 5,524.330 6.073,931 6,156,679 6,984,127 7,253,021 7.253.021 7,512,343 259,322 3.6%
ourt Revenue 805,928 889,832 1.007,514 1,047.397 1,239,552 1.275,975 1.275.975 1.185,489 (90.486) -7.1%
Building Permits/Fees-CD 1.288,040 1,062,094 1,051.463 1.488.826 1.293,244 1,194,009 1,194,009 1.553,990 359,981 30.1%
Expedited Review Fees-CD 98,677 148,175 122.502 188,379 214,464 79.962 79,962 nla
ROW PermitslFees-PW 237.871 260,401 364.569 299,479 396.240 377.296 377.296 306.813 (70,483) -18.7%
Expedited Review Fees-PW 66.243 51.501 33,176 47.853 32.066 - 32.553 32.553 nla
Licenses 179.120 137.180 98,650 157.512 117,191 142.100 142.100 177,445 35.345 24.9%
Franchise Fees 469,923 496.418 591.965 616.668 671.975 653,062 653.062 700,714 47.652 7.3%
Passport Agency Fees - - 57,910 57.910 nla
Recreation Fees 525.263 538.930 551,068 617.179 727,496 934.950 934,950 839.796 (95,154) -10.2%
Dumas Bay Centre 492.702 484.865 587,386 509.554 462,285 500.250 500.250 474.922 (25,328) -5.1%
~nutzen Family Theatre 48,883 81.144 86,771 80.308 113,165 76,601 76,601 87,134 10,533 13.8%
Interest Eamings 1.084.181 1.315,590 784.628 445,160 510,462 632,180 632.180 200,805 (431.375) -68.2%
~dminiCash Mgmt Fees 168.480 170,588 476.302 480,748 526.592 542,000 542.000 541,495 (505) -0.1%
~WM Fees 3,125.973 3.074.347 2,944,439 3,087,207 3.397.997 3.437.136 3,437,136 3.522,667 85.531 2.5%
Refuse Collection Fees 147.062 154.365 149,514 187.725 163,458 168.545 188,545 179.076 10,531 5.9%
Police Services 302,902 967,328 633,096 699.185 974,849 1.011,899 1,011,899 1.272.651 260,753 25.8%
Miscellaneous/Other 153075 54184 116861 129182 105681 111349 111349 75093 136 256 -32.6%
otal Operating Revenues 40,989,749 42,272,559 42,939,031 44,376,443 45,652,162 45,661,949 45,661,949 46,539,866 877,917 1.9'%
~peratlng expenditures
~ityCouncil 217,998 195,431 207,604 258.062 285.443 305.038 305,038 306.312 (1.275) -0.4%
City Manager 595.744 405,195 654.896 702,765 648,912 924,753 924,753 798.934 125,819 13.6%
Municipal Court-Operations 369.031 793,644 1.043,290 1,190,711 1.315,011 1,441,066 1.441.066 1,384.959 56,107 3.9%
Management Services 1.728,101 1,613.592 1.882,975 1,747,702 1.754.553 2,043,473 2.043,473 1,965.579 77,894 3.8%
bvillCriminal Legal Services 1.261,989 1,225,375 1.167,796 1,143,436 1,231.859 1.427.447 1.427,447 1.203,652 223.795 15.7%
Comm. Development SVc5 2.768,211 2.969,746 3,051.482 3,038.385 3,337,231 3.720.212 3.720,212 3.304,483 415.728 11.2%
Police Services 11,950.812 12.899,772 13,024.013 14.217,460 14,838,136 16.075.115 16,075,115 15.618.964 456.151 2.8%
ail Services 1,528.859 1,476,823 1.293.306 1.071,585 1.133,248 1,384,060 1,384,060 1.191.854 192.206 13.9%
Parks and Recreation 3.088,798 3,007.220 3.069,826 3,220,393 3.847.537 4,042,762 4.042.762 3,765.215 277,547 6.9%
Public Works 3,307,350 3,150.634 3,176,155 3,514.203 3,568.847 4,046,049 4.046.049 3,611.569 434,480 10.7%
ity Overlay Program 1,764.443 1,458,054 1,358,785 1.657,409 1,982.519 1.211.832 1.211.632 1.184,765 26,887 2.2%
oIid Waste 233.835 294.540 355.471 296.354 321,037 367.661 367,661 283,797 83,864 22.8%
HoteVMotel Lodging Tax 101 72.298 48.015 105,758 104,577 350.999 350,999 186.625 164.374 46.8%
umce Water Management 1,582,123 1.533.594 1.709,298 1,835,915 2.183.531 2,480,447 2,480,447 2,330.100 150.347 6.1%
Debt Service 5,307.192 4.328,241 4,498,092 4,485.280 15.863.046 5,889,631 5.889.631 5,525.664 363,967 0.0%
Dumas Bay Centre 487.164 475.759 557.437 504.604 482,436 501.630 501,630 474,578 27,052 5.4%
Knutzen Familv Theatre 147223 183280 159 432 160732 188 785 179177 179177 196284 117107 -9.5%
otal Operating expenditures 36,318,774 36,083,198 37,057,874 39.150,754 52,886,708 46,391,151 46,391,151 43,333,334 3,057,817 6.6'%
Operating Revenues over/(under)
Operating Expenditures 4,670,975 6,189,361 5,881,157 5,225,689 (7,234,545) (729,202) (729,202) 3,206,532 3,935,735 -539.7'%
Dther Financing Sources 5,381.058 2.818,304 5,269,286 4.634.062 14,662.034 8,803,725 7.804.460 7,804,460 0.0%
Other Financing Uses 9.312,902 6,101.206 9.431.269 8.184,384 20,050,416 17.138.488 16.594,173 16,594,173 0.0%
Ending Fund Balance
Solid Waste 299,841 275.459 199,343 162.896 117.723 83,536 125.169 nla nla
Arterial Street 349,431 487.494 719,952 695,572 483,797 1.059.000 66.032 nla nla
Utility Tax 2,830.149 4,407,260 6.170,755 7,872,948 647,796 837,186 1,095,579 n/a n/a
Snow & Ice Removal 100,000 100,000 1 00 ,000 100.000 100,000 100,000 100,000 n/a n/a
Surface Water Management 1.653,058 751,394 500.811 487.502 955.255 214,656 406,316 nla nla
Path & Trails 22,353 32,414 41.863 51,592 61,114 5,531 5.629 nla nla
Strategic Reserve 2,028.204 2.028,294 nla nla
Debt Service 5,748,509 6.038,386 6,508,123 5,579,129 2.631,858 1,547,857 2,935,417 n/a n/a
Dumas Bay Centre Operations 2,519 12.832 30,372 438 (22.235) 2,119 344 n/a nla
Knutzen Famiiy Theatre 13,372 17,665 28,140 21,233 8,004 (3,640) nla nla
Police 334,176 539,431 540,424 562,944 379,539 376,626 - 133.732 n/a n/a
Interfund Loans 10,000 10,000 10,000 30,500 10,000 10,000 10,000 n/a n/a
Unreserved 4,927,657 6,256 486 7,687 290 8910,106 6,603,046 52205 2 880,894 n/a n/a
otal Ending Fund Balance $ 18,319,269 $ 20,957,115 $ 22,537074 $ 24474861 $ 11,975897 $ 4.288,716 $ - $ 7,755,272 $ 3,935735 n/a
I2~
19
MEETING DATE:
March 15,2005
ITEM# ~
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Ming Court Preliminary Plat, File No. 00-102793-00-SU
CATEGORY: BUDGET IMP ACT:
¡gj CONSENT 0 ORDINANCE Amount Budgeted: $0
¡gj RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $0
D CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $none
ATTACHMENTS: February 22,2005, memorandum from Deb Barker, Associate Planner, to City
Council/Land Use/Transportation Committee (LUTC), with attachments including Hearing Examiner
Preliminary Plat Report and Recommendation, and draft preliminary plat resolution.
SUMMARYIBACKGROUND: The applicant requests approval of a IS-lot residential subdivision as
provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions" subject to City Council
approval. Prior to LUTC review, the Hearing Examiner denied an appeal ofthe Ming Court
environmental threshold determination (DNS).
CITY COUNCIL COMMITTEE RECOMMENDATION: On February 28,2005, the LUTC passed a
recommendation for conditional approval of the Ming Court preliminary plat application as recommended
by the Hearing Examiner to the full City Council. The City Council resolution provides findings to
support approval of the preliminary plat.
.........................................
PROPOSED MOTION: "I move approval ofthe Resolution approving the Ming Court Preliminary Plat
as recommended by the Hearing Examiner.
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 #
Doc. !.D. 33202
~
~~,
CITY OF ~"""~
Federal Way
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
MEMORANDUM
To:
Jack Dovey, Chair
Land Userrransportation Committee
FROM:
Deb Barker, Associate Planner ~
David ~Manager
Ming Court p~iminary Plat
Application No. OO-lO2793-00-SU
VIA:
RE:
DATE:
February 22, 2005
I.
ST AFF RECOMMENDA nON
Staff recommends the Land Userrransportation Committee forward to the City Council a
recommendation approving the Ming Court preliminary plat with conditions, based on the findings
and conclusions in the February 1,2005, Report and Recommendation by the Federal Way Hearing
Examiner.
II. SUMMARY OF ApPLICA nON
The applicant requests approval of a IS-lot residential subdivision, as provided for under Federal
Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval. A neighbor
appealed the environmental determination based on flooding, privacy, and easement concerns.
Following the preliminary plat and appeal hearing, the Hearing Examiner denied the neighbors'
appeal and recommended conditional preliminary plat approval. At the public hearing, the applicant
requested approval to modify the preliminary grading plan to mass clear and grade the entire site. In
his February 1,2005 Report and Recommendation, the Hearing Examiner stated the City Council
has enacted strong criteria requiring the retention of natural vegetation to the maximum extent
possible; that the criteria is inconsistent with mass grading; that the applicant has not shown specific
reasons why mass grading would be appropriate; and recommended against mass grading. The
applicant has subsequently submitted a letter dated February 10,2005, to the Federal Way City
Council requesting approval to mass clear and grade the entire site. Staffs recommendation and
position not supporting this request remains unchanged, consistent with the Hearing Examiner's
recommendation to the City Council.
III. REASON FOR COUNCIL ACTION
Pursuant to FWCC Chapter 20, "Subdivisions," the City Council issues a final decision at a public
meeting, after review of the Hearing Examiner's recommendation. Consistent with City procedures,
preliminary plat applications are brought to the Land Userrransportation Committee for review and
recommendation prior to review by the full Council.
IV. HEARING EXAMINER'S RECOMMENDATION
On February 1,2005, the Federal Way Hearing Examiner issued a Report and Recommendation
(Exhibit A) to approve the proposed preliminary plat. The Hearing Examiner's recommendation
includes all conditions recommended by staff, and further does not recommend support of the
applicant's request for mass grading. The Examiner's recommendation was issued following
consideration of the following: staff report (Exhibit B); and testimony presented at the January 18,
2005, public hearing (Exhibit C). Subsequent to the public hearing, four letters have been submitted
regarding the preliminary plat application (Exhibit D). The Hearing Examiner Report and Decision
for SEP A Appeal, February 1, 2005, is included for reference (Exhibit E).
The Hearing Examiner's recommendation is subject to the following conditions of preliminary plat
approval:
1.
Clearing limits for the construction of the plat improvements (roads, pond, and utilities) shall be
generally consistent with the clearing limits depicted on the March 19, 2004 Conceptual
Drainage Plan ofMing Court, plan page C1.0, prepared by Sitts and Hill Engineers, Inc. The
clearing limits on the plan sheet referenced above are the approximate clearing limits necessary
for roads, utilities, and pond. The clearing and grading limits on the approved plan may be
modified with the approval of the Community Development and Public Works Departments
during final engineering plan review as required to reflect changes in road and utility designs, if
any.
2.
Prior to issuance of construction permits, the applicant shall in writing notify Lakehaven Utility
District of the pending commencement of earth disturbance activities so that the District can
monitor the adjacent well and water tower for sedimentary impacts.
3.
Prior to issuance of construction permits, a final landscape plan prepared by a licensed
landscape architect shall be submitted for review and approval by the Director of Community
Development Services, and shall include the following elements:
(a) Street trees on internal plat streets.
(b) Cul-de-sac landscaping.
(c) Storm Drainage Tract A screening.
(d) Significant tree identification and replacement.
4.
Prior to final plat approval, the applicant shall widen the east side of the 8th Avenue South
shoulder and install an extruded curb, north from the subject site to South 30Sth Street as
required by the Public Works Director.
February 22, 2005
Page 2
Land Userrransportation Committee
Ming Court Preliminary Plat
Prior to final plat approval, the applicant shall implement approved traffic safety measures for
students walking to the junior and senior high schools as required by the Public Works
Director.
5.
Prior to final plat approval, the applicant shall install a barricade as approved by the Federal
Way Public Works Department at the southern portion of 7th Place South with signage to alert
residents to the future extension of this road.
6.
Prior to final plat approval, the applicant shall pay the altemative fee-in-lieu of providing on-
site open space, as proposed and accepted, which fee shall be calculated on the basis of 15
percent of the most recent assessed valuation or MAl appraisal at that time, subject to approval
by the Directors of Parks and Community Development Services.
7.
If included in the final engineering design, retaining walls and rockeries design shall be
hannonious with the residential use of the site and shall promote residential design themes
through such means as terracing, orientation, natural material selection, use of vegetation, and
textural treatment to be designed by the applicant and approved by the Community
Development Services Department.
8.
v.
PROCEDURAL SUMMARY
May 12, 2000
December 1, 2000
December 6, 2000
October 23, 2004
November 22, 2004
January 18,2005
February 1,2005
February 28, 2005
Date of application for 15-10t Ming Court preliminary plat
Date application detennined complete
Date of Notice of Application
Environmental detennination issued
SEP A appeal filed
Hearing Examiner Public Hearing
(Pursuant to FWCC Section 22-126, the Hearing Examiner issues a
recommendation to the City Council.)
Hearing Examiner issued recommendation of conditional approval of
preliminary plat to the City Council. The Hearing Examiner also
issued a Report and Decision on the SEP A appeal.
City Council Land Useffransportation Committee meeting
(This committee forwards a recommendation to the full Council for a decision
at a public meeting [see Section VII, below].)
VI. DECISIONAL CRITERIA
Pursuant to FWCC Section 20-127, the scope of the City Council review is limited to the record of
the Hearing Examiner public hearing; oral comments received at the public meeting (provided these
do not raise new issues or infonnation not contained in the Examiner's record); and the Examiner's
Land Userrransportation ConUnittee
Ming Court Preliminary Plat
February 22, 2005
Page 3
report. These materials shall be reviewed for compliance with decisional criteria set forth in FWCC
Section 20-126( c), as noted below:
1.
Consistency with the Federal Way Comprehensive Plan;
2.
Consistency with all applicable provisions of the FWCC, including those adopted by
reference from the comprehensive plan;
3.
Consistency with the public health, safety, and welfare;
4.
Consistency with the design criteria listed in Section 20-2; and
5.
Consistency with the development standards listed in Sections 20-151 through 157, and
20-178 through 20-187.
Findings and conclusions that the application is consistent with these decisional criteria are set forth
in the Hearing Examiner's report and recommendation.
VII. COUNCIL ACTION
The Federal Way City Council's review of the application is limited to the record of the hearing
before the Hearing Examiner, oral comments received during the Public Meeting (so long as those
comments do not raise new issues or information contained in the Examiner's record), and the
Examiner's written report. The City Council may receive new information not in the record pursuant
to FWCC Section 20-127(b).
A draft resolution approving the proposed preliminary plat as recommended by the Hearing
Examiner is attached (Exhibit F). After consideration of the record, the City Council may, by action
approved by a majority of the total membership, take one of the following actions, pursuant to
FWCC Section 20-127:
1.
Adopt the recommendation; or
2.
Reject the recommendation; or
3.
Remand the preliminary plat back to the Hearing Examiner, pursuant to FWCC Section
20-127(b); or
4.
Adopt their own recommendations and require or approve a minor modification to the
preliminary plat, pursuant to FWCC Section 20-127(d).
VIII. PROPOSED MOTION
I move that the Land Useffransportation Committee forward to the City Council, and place on the
March 15,2005 City Council consent agenda, a recommendation approving the Ming Court
Preliminary Plat Resolution.
February 22, 2005
Page 4
Land Useffransportation Committee
Ming Court Preliminary Plat
EXHIBITS
* NOTE:
A.
B.
C.
D.
E.
F.
Hearing Examiner Report and Recommendation, February I, 2005
Staff Report to Hearing Examiner
Written testimony presented at the Public Hearing
Letters submitted following Hearing Examiner Report and Recommendation
Hearing Examiner Report and Decision for SEPA Appeal, February 1,2005
City Council Draft Resolution for Ming Court Preliminary Plat Approval
A full copy of the Staff Report to the Hearing Examiner, with exhibits, is available in the City
Council Room.
Ap PRO Vi\.LOFCo MM1TTE EREPORT
Jack Dovey, Chair
Land UselTransportation Committee
Ming Court Preliminary Plat
February 22, 2005
Page 5
~.-
~ CITY OF
-;.~ Federal Way
Page - I
February I, 2005
De-En Lang
Lang Associates, Inc.
10658 Riviera Place NE
Seattle, WA 98125
RE:
MING COURT PRELIMINARY PLAT
FWHE#05-0 1 RELATED FILE NO. 00-102 793-00-SU
Dear Applicant:
./-
CITY HALL
33325 8th Avenue South. PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffedera'way.com
-JDfI!~-- -
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¡J U/ FEa 2 ; / " ¡
I I 2005 '11/
Q ¡t..:';
èi?v:---,..-. -_.~.... -------1. i I
C";¿~4:;'~_-J
Enclosed please find the Report and Decision of the City of Federal Way Hearing Examiner
relating to the above-entitled case.
V ery truly yours,
~~K
DEPUTY HEARING EXAMINER
MEH/ ca
cc:
All parties of record
City of Federal Way
Qc
,
~ .6~ C!b
~~¡J /d u~
EXHIBn .L
PAGE , OF 'O
Page - 2
'._- "'------ -
,i >,
. 'J U , .
------....-....-- .
CITY OF FEDERAL WAY
FEB 2
f'f)^r
Lljl)J
OFFICE OF THE HEARING EXAMINER
------- ----...- ..- --
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- ---"------"---' -- .. - ...
IN THE MATTER OF:
.. )
)
)
)
)
)
FWHE#
05-01
MING COURT - PRELIMINARY PLAT
APPROVAL
Related File # 00-102793-00-SU
I. SUMMARY OF APPLICATION
Applicant requests preliminary plat approval of a 15-lot 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:
January 18, 2005
February 1, 2005
At the hearing the following presented testimony and evidence:
1.
2.
3.
4.
5.
6.
Deb Barker, Associate Planner, City of Federal Way
De-en Lang, Proponent, 10658 Riviera Place, Seattle, WA 98125
Ron L. Rassilyer, Appellant, 30932 - 5th Place South, Federal Way, WA
Paskal G.Hite, 30936 - 5th Place South, Federal Way, WA 98003
Patricia Buchanan, 801 S. 310th Place, Federal Way, WA 98003
Harold Hartman, 3085~ - 8th Ave. S., Federal Way, WA 98003
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
2.
3.
4.
5.
6.
Staff Report with all attachments
Power Point Presentation
SEPA Environmental Appeal Power Point Presentation
1/12/05 Letter from Robert and Patricia Buchanan
Memo from Deb Barker
FWCC 20-179 Retention of Vegetation
EXHIBIT À
P,AGE-z'_OF 1°
,--
, .
/'
Page - 3
7.
8.
9.
10.
Original Site Plan
Resolution #04-426 (Specifically Finding No.2)
1/17/05 Letter from Robert and Patricia Buchanan
Letter from Harold Hartman with questions and map
III. FINDINGS
1.
The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, viewed the site and taken this matter under advisement.
2.
The Community Development Staff Report sets forth general findings, applicable
policies and provisions in this matter and is hereby marked as Exhibit "1" with
attachments and hereby incorporated in its entirety by this reference.
3.
All appropriate notices ~ere delivered in accordance with the requirements of the
Federal Way City Code (FWCC).
4.
A Mitigated Determination of Non-Significance was issued on October 23,2004,
a timely appeal was filed on November 22,2004. A decision denying the appeal
and upholding the threshold determination of the environmental official has been
issued at the same time that this decision was issued.
5.
The applicant is requesting preliminary plat approval of a 15 lot single family
residential subdivision on a 3.83 acre undeveloped site. The site is located at
30901 - 8th Avenue South. The subject site, along with all of the adjacent
properties, are zoned RS-7.2. This is a single family residential zone which
requires 7,200 square foot minimum lot sizes. The proposed lot sizes for this
development range from 7,200 square feet to 10,210 square feet. The
surrounding areas to the east, west, and south are fully developed with single
family residences. The lakehaven Utilities District water tower and well are
located on the site to the north.
6.
The plat map shows mainly rectangular lots with two pan handle lots located on
the northwest and southwest corners of the plat. The applicant will be required
to construct sidewalks along street frontages on both sides of the internal plat
roads. Both the junior and senior high schools are located less than one mile
from the site, thus the students will probably walk to the schools. The
surrounding areas do lack sidewalks, thus there is a condition of approval that
restricts parking on one side of the street during the time when students will walk
to and from school.
EXHIBIT A
PAGE ~ OF 10 -
Page - 4
7.
8.
9.
10.
,
Civil and Environmental Engineers, Inc., a geotechnical engineering firm,
prepared a geotechnical report for the site and determined that the soils are
suitable for residential development. The soil survey. map lists the soil types as
Alderwood Gravelly Sandy Loam. These types of soils have slow runoff and
present slight erosion hazards. The topography of the site ranges from generally
flat to fairly irregular in the western portion. There are no regulated wetlands on
site.
FWCC allows the applicant to make a "fee in lieu" payment to provide adequate
recreational opportunities. The applicant would have the option of constructing
these recreational facilities on site, but has chosen to make a fee in lieu
payment.
The applicant will construct internal plat roads to city local access standards.
Access to the site will be via 8th Avenue South. The proposal is to have one
internal plat road, South 310th Court, end in a cul-de-sac. The other road that will
provide access to the lots, 7th Place South, will end at the south property line
which will allow for a potential future connection.
The lakehaven Utility District will provide both domestic water and fireflow to the
site and sanitary sewer service to each lot.
11.
There appears to be a problem in this area with water and flooding. This
applicant, along with the already approved applicant of Lakota Crest, have
entered into a joint agreement to improve the culvert at Fisher's Bog to help with
the storm drainage problem. This will help everyone in the neighborhood. The
applicant is also required to satisfy all requirements of the FWCC as it relates to
storm drainage. The applicant is not required to cure all of the existing problems
on site. The applicant just cannot add to this problem. The applicant will have to
handle the storm drainage problem on its site and use its system to contain and
then release at pre-development rights. Though it may not appear to be so by
the testimony given by neighboring property owners, the development will most
likely help in the stormwater problem. The mitigation measures contained within
the SEPA determination specify what the applicant will be required to do before
development.
12.
The original application and the cities recommendation is to not allow for mass
grading of the site. The applicant is now requesting authority from the city to
allow mass grading. Mass grading would mean that all roads, utilities, lot areas,
EXHIBIT A
PAGE lJ OF 10
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Page - 5
and storm drainage facilities will be prepared for construction and all vegetation
is removed. There are certainly valid reasons for the applicant to mass grade
the site. An exhibit was submitted by the applicant indicating that the Lakota
Crest development was allowed to mass grade. This development is located
fairly close to this site. It presented many of the same storm drainage problems.
City staff in that particular development recommended and the Hearing Examiner
approved a condition of approval that did not allow mass grading. There are
certainly competing policies regarding this issue. The city maintains that mass
grading significantly adversely impacts the aesthetics of the area. The city points
to Section 20-179 FWCC, which reads as follows:
20-179
Retention of Vegetation
a.
All natural vegetation shall be retained on the site to be subdivided
except that which will be removed for improvements or grading as
shown on approved engineering plans. A preliminary clearing and
grading plan shall be submitted as part of the preliminary plat
application.
b.
Existing mature vegetation shall be retained to the maximum extent
possible. Preservation of significant trees pursuant to FWCC20-
1568 shall apply solely to the development of each single family lot
at the time a building permit is applied for.
The Federal Way City Council has enacted strong criteria requiring retention of
natural vegetation "to the maximum extent possible". Such criteria is
inconsistent with mass grading. There will be a significant amount of vegetation
and trees that will be maintained. Though the City Council did allow mass
grading on the Lakota Crest development, there may have been particular plat
specific reasons for allowing mass grading on that development. The applicant
has not shown site specific reasons why mass grading would be appropriate.
Given the strong policies against mass grading, mass grading is not
recommended.
13.
Prior to recommending approval of the proposed preliminary plat to the Federal
Way Counsel, the Examiner must find that the request satisfies the criteria set
forth in FWCC Section 20-126(c). Findings on each criteria are hereby made as
follows:
A.
The project is consistent with the single family high density designation of
EXHIBIT A
PAGE S OF JO
Page - 6
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the Federal Way Comprehensive Plan as it proposes minimum lot sizes of
7200 square feet, consistent with density allowances and policies
applicable to single family residential development.
B.
The project is consistenfwith all applicable provisions of the FWCC
including those adopted by reference from the Comprehensive Plan. The
preliminary plat must comply with provisions of FWCC Chapter 18,
"Environmental Policy"; Chapter 20, "Subdivisions"; and Chapter 22,
"Zoning". Construction of single family homes must comply with all
applicable development codes and regulations.
C.
The project is consistent the public health, safety, and welfare. All
facilities and services are available to serve the preliminary plat, and the
storm drainage facility will protect water quality in Fisher's Bog and Mirror
Lake.
D.
The project is consistent with the design criteria set forth in FWCC Section
20-2. These design standards address effective use of the land,
promotion of safe and convenient travel on streets, and recognizes the
housing needs of the community.
E.
The preliminary plat complies with the development standards set forth in
FWCC Section 20-151 - 157 and FWCC Section 20-158 - 187.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
1.
2.
3.
The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
The proposed preliminary plat makes appropriate provisions for the public health.
safety and general welfare for open spaces, drainageways. streets. roads, alleys,
other public ways, water supplies, sanitary waste, fire protection. transit stops, parks
and recreation and playgrounds, schools and school grounds, and safe walking
conditions.
The proposed plat will serve the public use and interest by providing an attractive
location for a single residential subdivision while at the same time protecting
EXHIBIT A
PAGE~OF ~
Page - 7
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,
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downstream critical areas and, therefore, should be approved.
4.
The Federal Way City Council should approve the proposed preliminary plat subject
to the following conditions:
1.
Clearing limits for the construction of the plat improvements (roads, pond,
and utilities) shall be generally consistent with the clearing limits depicted on
the Conceptual Drainage Plan of Ming Court, plan page C1.0, dated March
19, 2004, and prepared by Sitts and Hill Engineers, Inc. (Exhibit A). The
clearing limits on the plan sheet referenced above are the approximate
clearing limits necessary for roads, utilities, and pond. The clearing and
grading limits on the approved plan may be modified with the approval of the
Community Development and Public Works Departments during final
engineering plan review as required to reflect changes in road and utility
designs, if any.
2.
Prior to issuance of construction permits, the applicant shall in writing notify
lakehaven Utility District of the pending commencement of earth disturbance
activities so that the District can monitor the adjacent well and water tower
for sedimentary impacts.
3.
Prior to issuance of construction permits, a final landscape plan prepared by
a licensed landscape architect shall be submitted for review and approval by
the Director of Community Development Services, and shall include the
following elements:
(a)
(b)
(c)
(d)
Street trees on internal plat streets.
Cul-de-sac landscaping.
Storm Drainage Tract A screening.
Significant tree identification and replacement.
4.
Prior to final plat approval, the applicant shall widen the east side of the 8th
Avenue South shoulder and install an extruded curb, north from the subject
site to the South 308th Street as required by the Public Works Director.
5.
Prior to final plat approval, the applicant shall implement approved traffic
safety measures for students walking to the junior and senior high schools
as required by the Public Works Director.
6.
Prior to final plat approval, the applicant shall install a barricade as approved
EXHIBIT L
PAGE~OF ,0
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by the Federal Way Public Works Department at the southern portion of 7th
Place South with signage to alert residents to the future extension of this
road.
7.
Prior to final plat approval, the applicant shall pay the alternative fee-in-lieu
of providing on site open space, as proposed and accepted, which fee shall
be calculated on the basis of 15 percent of the most recent assessed
valuation or MAl appraisal at that time, subject to approval by the Directors
of Parks and Community Development Services.
8.
If included in the final engineering design, retaining walls and rookeries
design shall be harmonious with the residential use of the site and shall
promote residential design themes through such means as terracing,
orientation, natural material selection, use of vegetation, and textural
treatment to be designed by the applicant and approved by the Community
Development Services Department.
RECOMMENDATION:
It is hereby recommended that the City of Federal Way City Coun~iI approved the
preliminary plat of Ming Court subject to the conditions contained in the conclusions above.
DATED THIS 1st DAY OF February, 2005.
1%1/!Þ-
MARK E. HURDELBRINK
Deputy Hearing Examiner
TRANSMITTED THIS 1 st DAY OF February, 2005, to the following:
APPLICANT:
Mr. De-En Lang
Lang Associates, Inc.
10658 Riviera Place NE
Seattle, WA 98125
ENGINEER:
Sitts & Hill Engineers, Inc.
2901 South 40th Street
Tacoma, WA 98409
EXHIBITft .
PAGE~OF ...LCL-
.r-
¡ ì
,-.,
i 1
Page - 9
OWNER:
David Ling
1937 NE 107th Street
Seattle, WA 98124
P. Gene Hite, 30936 - 5th Place South, Federal Way, WA 98003
Dick and Kathy Clare, 31104 - 6th Ave. So, Federal Way, WA 98003
Ronald L. Rassilyer, 30932 - 5th Place South, Federal Way, WA 98003
Michael and Uta Tipper, 31116 - 6th Ave. S., Federal Way, WA 98003
Rob and Pat Buchanan, 801 So 310th Place, Federal Way, WA 98003
Pearl Rhyner, 31112 - 5th Way South, Federal Way, WA 98003
Jennifer Grey, 31108 - 5th Way S., Federal Way, WA 98003
Hal Hartman, 30855 - 8th Ave. So, Federal Way, WA 98003
City of Federal Way, c/o Chris Green, P.O. Box 9718, Federal Way, WA 98063-9718
EXHIBIT A
PAGE -9-0F 10
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Page - 10
CITY COUNCIL REVIEW, ACTION
Pursuant to Section 20-127,- following receipt of the final report and recommendation of the
hearing examiner, a date shall be set for a public meeting before the city council.
The city council review of the preliminary plat application shall be limited to the record of the
hearing before the hearing examiner, oral comments received during the public meeting (so
long as those comments do not raise new issues or information not contained in the examiner's
record) and the hearing examiner's written report. These materials shall be reviewed for
compliance with decisional criteria set forth in section 20-126. The city council may receive
new evidence or information not contained in the record of hearing before the hearing
examiner, but only if that evidence or information: (i) relates to the validity of the hearing
examiner's decision at the time it was made and the party offering the new evidence did not
know and was under no duty to discover or could not reasonably have discovered the evidence
until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or
omitted the evidence from the record. If the city council concludes, based on a challenge to the
hearing examiner recommendation or its own review of the recommendation, that the record
compiled by the hearing examiner is incomplete or not adequate to allow the city council to
make a decision on the application, the city council may by motion remand the matter to the
hearing examiner with the direction to reopen the hearing and provide supplementary findings
and/or conclusions on the matter or matters specified in the motion.
After considering the recommendation of the hearing examiner, the city council may adopt or
reject the hearing examiner's recommendations based on the record established at the public
hearing. If, after considering the matter at a public meeting, the city council deems a change in
the hearing examiner's recommendation approving or disapproving the preliminary plat is
necessary, the city council shall adopt its own recommendations and approve or disapprove the
preliminary plat. .
As part of the final review, the city council may require or approve a minor modification to the
preliminary plat if:
(d)
The change will not have the effect of increasing the residential density of the plat;
The change will not result in the relocation of any access point to an exterior street from
the plat;
The change will not result in any loss of open space or buffering provided in the plat;
and
The city determines that the change will not increase any adverse impacts or
undesirable effects of the project and that the change does not significantly alter the
project.
(a)
(b)
. (c)
EXHIBIT /Jr
PAGE --'!LOF 10
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CITY OF . .
Federal Way
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT TO THE
FED ERAL WAY HEARING EXAMINER
MING COURT PRELIMINARY PLAT
Federal Way File No: OO-lO2793-00-SU
PUBLIC HEARING - January 18, 2005
2:00 P.M.
CITY COUNCIL CHAMBERS
FEDERAL WAY CITY HALL - 33325 8th Avenue South
Report Prepared by:
Deb Barker and Jane Gamble, Associate Planners
EXHIB IT -,~,~
PAGE-L-OF Z. f
SECTION
T ABLE OF CONTENTS
PAGE
I.
II.
III.
IV.
V.
VI.
VII.
GENERAL INFORMATION
3
CONSULTED DEPARTMENTS, AGENCIES, AND PUBLIC
4
STATE ENVIRONMENTAL POLICY ACT
5
NATURAL ENVIRONMENT
5
NEIGHBORHOOD CHARACTERISTICS
6
GENERAL DESIGN
6
TRANSPORTATION
8
VIII. PUBLIC SERVICES
9
IX.
X.
XI.
XII.
UTILITIES
10
ANALYSIS OF DECISIONAL CRITERIA
11
FINDINGS OF FACT AND CONCLUSIONS
12
RECOMMENDATION
14
XIII. LIST OF EXHIBITS
16
EXHIBIT 8
PAGE 2. OF 3af
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
Page 2
OO-1O2793-00-SU I Doc ID 29871
File No:
00-102793-00-SU
Agent:
De-En Lang
Lang Associates, Inc.
10658 Riviera Place NE
Seattle, W A 98125
Phone: 206-306-8880
Engineer:
Sitts & Hill Engineers, Inc.
2901 South 40th Street
Tacoma, W A 98409
Phone: 253-474-9449
Owner:
David Ling
1937 NE 10th Street
Seattle, W A 98124
Phone: 206-367-8354
Action
Requested:
Preliminary plat approval of a 15-Iot residential subdivision as provided for under
Federal Way City Code (FWCC) Chapter 20, "Subdivisions," and requiring
approval pursuant to FWCC Section 20-110.
Staff
Representative:
Deb Barker, Associate Planner, 253-835-2642
Staff
Recommendation:
Preliminary Plat Approval with Conditions (Refer to Section XII)
I.
GENERAL INFORMA nON
A. Description of the Proposal- The applicant proposes to subdivide a vacant 3.83-acre lot into
15 residential single-family lots. The subject site is zoned RS 7.2, requiring a minimum lot size
of 7,200 square feet per lot.
The proposed action is depicted in the following documents: preliminary plat map, prepared by
Sitts and Hill, revised June 17, 2003; Conceptual Drainage Plan of Ming Court, prepared by
Sitts & Hill Engineers, Inc., revised June 17,2003; and preliminary landscape plan, prepared by
Aspen Design Group, revised June 18,2003. (Exhibit A).
B.
Location - The site is located at 30901 8th Avenue South, Federal Way, on King County Tax
Parcel #082104-9207, in the NW Section 8, Township 21 North, Range 4 East (Exhibit B-
Vicinity Map).
c.
Parcel No. - 082104-9207. The site legal description is on the plat map.
D.
Size of Property - The subject site has a land area of 3.83 acres (166,834 square feet).
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
EXHIB IT -~
~'J,~1OF_z.I-
OO-IO2793-00-SU IlJoclD29871
E.
Land Use and Zoning -
Direction
Site
North
South
East
West
Zoning
RS-7.i
RS-7.2
RS-7.2
RS- 7.2
RS-7.2
Comprehensive Plan
SF - High Density
SF - High Density
SF - High Density
SF - High Density
SF - High Density
Existing Land Use
Vacant
Lakehaven Utility Watertower
SFR
SFR
SFR
F.
Background - The Ming Court Preliminary Plat is a proposed 15-10t, single-family residential
subdivision on a 3.83-acre undeveloped site. Existing single-family development is situated to
the south, east, and west of the subject site, with a Lakehaven Utility District water tower and
well site to the north. Preliminary plat improvements will include grading for the roadway and
installation of stonn drainage facilities and utilities.
The preliminary plat application was submitted on May 12,2000 (Exhibit C), and detennined to
be complete on December 1,2000. Due to the fact that downstream flooding problems
identified in the MiITor Lake Basin would be exacerbated by the Ming Court development, the
City placed the application on hold until a solution to the flooding situation was developed. The
Ming Court developer and the developer of another proposed subdivision within the MiITor
Lake Basin (Lakota Crest), in conjunction with the City's Surface Water Management division,
developed mitigation measures that would help alleviate the flooding problems. Following
receipt of a letter of intent to execute cost-sharing agreement for the proposed mitigation
measures between the Ming Court developer and the Lakota Crest developer (Exhibit D -
Agreement), the City continued review of the preliminary plat application with conCUITence
from the applicant. The Ming Court SEP A detennination was postponed so that the Lakota
Crest environmental analysis, which dealt with flooding mitigation, could conclude and that
mitigation could be incorporated into the Ming Court environmental detennination. The 52-lot
plat of Lakota Crest received preliminary plat approval on September 22, 2004. The SEP A
detennination for Ming Court preliminary plat was issued on October 23,2004.
II. CONSULTED DEPARTMENTS, AGENCIES, AND PUBLIC
The following departments, agencies, and individuals were advised of this application.
A.
Community Development Review Committee (CDRe), consisting of the Federal Way
Community Development Services Planning and Building Divisions; Public Works
Engineering, SWM, and Traffic Divisions; Parks, Recreation, and Cultural Resources
Department; Department of Public Safety (Police); Federal Way Fire Department; Lakehaven
Utility District; and Federal Way Public Schools. CDRC comments have been incorporated into
this report where applicable.
B. All property owners within 300 feet of the site were mailed notices of the complete preliminary
plat application on December 6, 2000 (Exhibit E - Notice of Application. Exhibit F - Mailing
List). In response to the Notice of Application, the City received four public comment letters
regarding the proposal (Exhibit G -Citizen Comments). The City responded in writing to all
parties that provided written comments on the notice of application (Exhibit H - City
Response). . EXHIB T ~
IRS-7.2 - sin le-fami! residential, 7,200 SF minimum lot size. ,
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
00-102793-00-S0 I DocID29871
c.
In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18,
"Environmental Protection," all property owners and occupants within 300 feet of the site, and
all affected agencies (Exhibit I - SEP A Mailing List), were notified of the proposed action and
the City's environmental decision. In addition, the site was posted and notice placed in the
newspaper and on the City's official notice boards. In response to the City's environmental
decision, the City received four comment letters and one appeal. See Section III below for
information.
III. ST ATE ENVIRONMENTAL POLICY ACT
A.
The City of Federal Way issued a Mitigated Environmental Determination ofNonsignificance
(MONS) for the proposed action on October 23, 2004 (Exhibit J - MDNS). This determination
was based on review of information on file, including the environmental checklist (Exhibit K -
SEP A Checklist), and staff evaluation of the environmental checklist for Ming Court (Exhibit L -
Staff Evaluation), resulting in the conclusion that the pròposal would not result in probable
significant adverse impacts on the environment provided the applicant complies with the
mitigation measures in the MONS.
B.
The City received four comment letters during the 14-day SEPA comment period (Exhibit M-
SEPA Comment Letters). The City responded in writing to all parties that provided written
comments on the SEP A decision (Exhibit N - Response to SEP A Comment Letters).
C.
The City received a timely appeal of the SEP A MONS from Ronald L. Rassilyer (Exhibit 0 -
SEPA Appeal). Pursuant to FWCC Section 20-115, the SEPA appeal hearing and preliminary
plat application hearing shall be held simultaneously. The staff report to the Hearing Examiner
on the SEPA appeal is under separate cover (File No: 00-102794-00-SE).
IV. NATURAL ENVIRONMENT
A.
Soils - The applicant provided a geotechnical report, Report of Geotechnical Investigation,
Ming Court, prepared by Soil and Environmental Engineers, Inc., February 11,2000 (Exhibit P
- Geotech Report). Site soils are discussed in detail in the geotechnical report. The geotechnical
report concludes that the site is suitable for residential development following incorporation of
specific recommendations. There is a drainage swell in the western portion of the site oriented
in a north-south direction, and ground water was identified in several test pits. Infiltration
potential was not thought feasible, and a stormwater detention system was recommended. The
1973 King Cöunty soils survey map lists the soils type as Alderwood Gravelly Sandy Loam
(AgB). Alderwood soils are characterized as moderately well drained soils that have a weakly
consolidated to strongly consolidated substratum at a depth of 24 - 40 inches. AgB soils are
described as capable for urban development, runoff is slow, and erosion hazard is slight.
Topography - the site is rectangular in shape and the site surface varies from being relatively
flat in the eastern portion to fairly irregular in the western portion. The highest portion of the
site is located approximately in the center, and the lower areas of the site are located at the
south-central and northwestem portions of the site. Elevation relief across the site varies from
about 10 to 12 feet (northeast to southwest). The City of Federal Way Environmentally
Sensitive Areas Map does not reveal this site to be in a problem area relative to landslide,
seismic hazard, erosion, steep slope hazards, or 100-year flood plain.
B.
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
Page 5
00-1 02793-00-SU I Doc ID 29871
EXHIBIT ~
_. --, --.... .
v.
c.
Vegetation - Existing vegetation consists of deciduous and conifer trees, with grass and
shrubs. The Significant Tree Inventory map, prepared by Aspen Design Group, April 19,
2000, submitted with the preliminary plat identifies 56 trees on the subject property that
meet the FWCC definition of significant. According to the March 19,2003, conceptual
drainage plan, prepared by Sitts & Hill Engineering, grades will only be altered and
vegetation removed from those areas proposed for roadway or storm drainage
improvements consistent with FWCC Section 20-179. Forty-one percent or twenty-three
significant trees are to removed. The remaining trees located on individual lots shall be
regulated in accordance with FWCC Section 22-1568 with individual building permits.
D.
Wetlands - The Federal Way Wetland Inventory does not reveal any wetlands, streams, or 100-
year floodplains, on or within 200 feet of the site. Staff concurs with the findings and
conclusions of the June 1999 Watershed Company report (Exhibit Q - Wetland Report) that
states that the 809 square-foot wetland located in the southwest portion of the site does not meet
the FWCC definition of regulated wetland due to its size. Therefore, that area will not be
regulated as a wetland.
E.
Mirror Lake Basin - Ming Court is located in the Mirror Lake Basin, which is subject to
flooding problems. Both the Ming Court and the pending Lakota Crest preliminary plat
developments would exacerbate flooding conditions. The project developers, in conjunction
with the City's Public Works Surface Water Management (SWM) division, developed
mitigation measures that will help alleviate the flooding problems. The two developers signed a
letter of intent to execute cost-sharing agreement for the proposed mitigation measures. The
Lakota Crest development incorporated the Mirror Lake mitigation within their permits, and
received preliminary plat approval. While Lakota Crest is located some distance from the Ming
Court and does not affect the property covered by this preliminary plat proposal, the two plats
are located within the same basin. Construction of both Ming Court and Lakota Crest is
contingent upon the installation of the Mirror Lake basin improvements.
NEIGHBORHOOD CHARACTERISTICS
A.
Vicinity - The vacant site is zoned RS-7.2 (Single-Family Residential, 7,200 square-foot
minimum lot size) by the Federal Way Zoning Map. The site is designated Single-Family High-
Density by the Federal Way Comprehensive Plan (FWCP). The proposed lot sizes ranging
from 7,200 square feet to 10,202 square feet in size conform to both the FWCC and FWCP.
The site is fully surrounded by RS-7.2 zoned property. With the exception ofthe Lakehaven
Utility District site to the north, surrounding properties are fully developed with single-family
residences.
B.
Public Parks - The site is approximately 1/2 mile northeast of French Lake Park and
approximately 1/2 mile northwest of Mirror Lake Park. These parks provide some recreational
opportunities for residents in the area.
VI. GENERAL DESIGN
A.
Lot Size - The proposed Ming Court lots range in size from 7,200 square feet to 10,202 square
feet. All lots on the preliminary plat map meet the minimum 7,200 square-foot minimum lot
sIze.
Page 6
00-1 02793-00-SU I Doc ID 29871
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
EXHIBIT 'B
.....-- , - -- - .
B.
Lot Layout - Most of the proposed lots are of rectangular shape, and two proposed lots gain
access from panhandles connected to the lots. All building setback lines (BSBL) are depicted
on the preliminary plat map, and each lot contains an adequate building area.
c.
Open Space - To provide adequate recreational opportunities commensurate with new
residential development, FWCC Chapter 20, "Subdivisions," requires dedication of land on-site
for open space, or a fee-in-lieu payment. Pursuant to FWCC Section 20-l55(b), the applicant
has requested to pay a fee-in-lieu of providing on-site open space. The City P ARCS Director
has agreed to the fee-in-lieu of on-site open space proposal. The open space fee amount of 15
percent of the assessed land value will be due at the time of final plat approval based on the
land value at the time. The subject site is within park planning area E.
D.
Subdivision Access and Roadway System - Access to the site will be via 8th Avenue South,
which is classified as a minor collector street. In the proposed plat, South 31 Oth Court is to end
in a cul-de-sac with a center island, while th Place South, which extends to the southern
property line, will provide for future right-of-way extension to the south. Section VII of this
report provides a detailed description of the proposed roadway system and improvements.
E.
Pedestrian System - Sidewalks will be provided along all street frontages. Specifically, interior
full street improvements include five-foot wide sidewalks on both sides ofthe proposed th
Place South, and the South 31 oth Court cul-de-sac. In order to facilitate safe pedestrian corridors
for school children, the applicant shall be required to widen the east side of the 8th Avenue
South shoulder and construct an extruded curb, north from the subject site to the South 30Sth
Street intersection. This will be reviewed in conjunction with the plat engineering review.
The Junior and Senior High Schools are less than one mile from the subject site and students
will walk to these schools from the proposed subdivision site. The School District notes that the
walking routes are through developed residential neighborhoods that lack sidewalks. While
there are gravel or paved shoulders available, vehicles park in these locations, forcing
pedestrians to walk in the street. The School District suggested that the City limit parking on
one side of the walking route streets during the hours that students are walking to and from
school. The Traffic Division reviewed the walking route and detennined that the parking along
11 th Avenue South and 13th Avenue South should be restricted on one side of the street only
during hours that students walk to and from school. The applicant conducted a public meeting
on this proposal on January 13,2005.
Prior to final plat approval, the applicant shall implement approved traffic safety measures for
students walking to the Junior and Senior High Schools. Refer to Section VIII for additional
discussion of pedestrian system.
F.
Clearing and Grading - The March 19,2003 preliminary drainage plan, prepared by Sitts &
Hill Engineers, Inc., depicts grading limits that meet City standards for development clearing
noted in FWCC Section 20-179 (Exhibit A).
Based on this grading, vegetation is retained on undeveloped lots. The effects of this project
construction can be addressed through the establishment of a Temporary Erosion and
Sedimentation Control Plan (TESC) during plat infrastructure construction, and permanent
stormwater management facilities post-construction.
Page 7
OO-IO2793-00-SU / Oocl029871
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
EXHIBIT 'B
.-8A.. ~ ^I""~-'
To prevent the potential accumulation of silt and sediment in the downstream Mirror Lake
drainage basin, staff recommends that mass grading be prohibited on this site. Environmental
review of the proposed subdivision identified the SEP A condition that, in order to mitigate
potential erosion impacts to Mirror Lake downstream of this project, clearing, grading and
street/utility work for the plat improvements will not be pennitted from October 1 to April 30,
unless approved in writing by the Public Works Director. Additional stonn drainage measures
should be implemented and a careful evaluation done in order to allow clearing, grading, and
street/utility work for the plat improvements during the wet season, should the Public Works
Director approve such a proposal. The TESC plans are required to be approved and
implemented in accordance with the City's engineering standards in conjunction with plat
infrastructure construction.
In addition, according to the February 11,2000 Report of Geotechnical Investigation, prepared
by Soil and Environmental Engineers, ground water seepage was encountered in six of the
seven test pit locations dug at the site in January 2000. Seepage ranging from two to four feet
below the current ground surface was observed. It was the opinion of the Engineer that ground
water seepage encountered was due to surface infiltration perching on top of relatively
impenneable glacial till. The report contained specific site preparation and structural fill
recommendations for the proposed subdivision. These recommendations shall be incorporated
into the final engineering documents and reviewed by the City of Federal Way. All new
impervious areas created by the development, including the roof drains for each new home, will
be required to drain to the new drainage system constructed for the plat, and all new lots will be
required to be graded to minimize stonnwater runoff to adjacent properties.
Additionally, erosion control plans are required to be implemented on each individual lot
during home construction. Following plat infrastructure construction and recording of the final
plat, building pennits for construction on each of the lots will result in additional clearing and
grading on each individual lot.
VII. TRANSPORT AnON
A.
Street Improvements - Access to the site will be provided by 8th Avenue South.
The City's Traffic Division has reviewed the project and concluded that the proposed street
layout of the Ming Court subdivision is consistent with the adopted codes and comprehensive
plan in place at the time of the complete application.
The Ming Court Plat will provide street improvements consisting of 28 feet of paving, vertical
curb and gutter, a four-foot wide planter strip with appropriate street trees, a five-foot wide
sidewalk, and a three-foot wide utility strip within a 52-foot right-of-way, consistent with the
FWCP street classification of Cross Section W. Streetlights are to be provided with the plat
development in confonnance with FWCC Section 22-1522.
In the proposed plat, South 310lh Court is to end in a cul-de-sac with a center island consistent
with Cross Section Z, while 7th Place South, which extends to the southem property line, will
provide for future right-of-way extension to the south. The applicant shall install a banicade as
approved by the Federal Way Public Works Department at the southem end of 7th Place South
with signage to alert residents to the future extension of this road. All internal streets shall have
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
Page 8
00-1 02793-00-SU / Doc 10 2987\
EXHIBIT 8
Þ4r.r: '-r nc 21
a minimum pavement section of three inches of Class B asphalt over seven inches of crushed
surfacing.
The City's Public Works Department and Federal Way Fire Department have reviewed the
proposed access, street improvements, and curve radius for conformance with code standards.
VIII. PUBLIC SERVICES
A.
Schools - A Ming Court School Access Inventory Analysis (Exhibit R), addressing the access
standards of the Federal Way School District, was prepared for this project. Under current
School District boundaries, Nautilus Elementary School, Sacajawea Junior High School, and
Federal Way High School would serve the proposed subdivision.
The elementary school is more than one mile from the subject site and bus transportation is
provided for these students. As noted by the School District in a May 26, 2000 letter, existing
pedestrian routes of travel from the subject site to the school bus stop on 8th Avenue South are
not safe. The elementary school bus stop is on the east side of 8th A venue South at South 309th
Place, and the applicant agreed to install a raised crosswalk with signage on 8th Avenue South
north of the entrance to the subdivision to create safe crossing locations as required by FWCC
Section 20-l56(a). As part of the City's Neighborhood Traffic Safety (NTS) program, the City
installed a speed hump on 8th A venue South north of the entrance to the subdivision to control
speeding on 8th A venue South. This speed hump addresses the need for a crosswalk by reducing
vehicle speeds on the roadway, and a crosswalk is not needed.
However, the shoulder on sth Avenue South is narrow, does not meet the City's recommended
shoulder standard for minor collectors,z and is bordered by a drainage ditch, limiting safe
refuge opportunities for pedestrians. In order to facilitate safe pedestrian corridors for school
children, the applicant shall be required to widen the east side of the sth A venue South shoulder
with an extruded curb, north from the subject site to the South 30Sth Street intersection. This
will be reviewed in conjunction with the final plat review.
The Junior and Senior High Schools are less than one mile from the subject site and students
will walk to these schools from the proposed subdivision site. The School District notes that the
walking routes are through developed residential neighborhoods that lack sidewalks. While
there are gravel or paved shoulders available, vehicles park in these locations, forcing students
to walk in the street. The School District suggested that the City limit parking on one side of the
walking route streets during the hours that students are walking to and from school. The Traffic
Division reviewed the walking route and concurred with the School District to restrict parking
on one side of 11 th Avenue South and 13th Avenue South streets only during hours that students
walk to and from school.
The applicant conducted a public meeting on the proposed parking restrictions on January 12,
2005. Traffic staff will update the Hearing Examiner during the Public Hearing on the results of
this meeting. Prior to final plat approval and as provided for under FWCC Section 22-156(a),
the applicant shall implement approved traffic safety measures for students walking to the
Junior and Senior High Schools.
2 The shoulder is approximately four feet in width, and the recommended standard is five feet.
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
Page 9
OO-IO2793-00-SU I DocID29871
EXHIBIT .-h.-
ftA 1'-1: Ct ns: 2.1
School service areas are reviewed annually and may be adjusted to accommodate enrollment
growth and new development.
School impact fees, as authorized by City ordinance and collected at the time of building permit
issuance, are currently $3,011.50 per single-family housing unit. School impact fees are
detennined on the basis of the School District's Capital Facilities Plan and are subject to
annual adjustment and update.
B.
Public Parks - The site is approximately Y:z mile northeast of French Lake Park and
approximately Y2 mile northwest of Mirror Lake Park. These parks provide recreational
opportunities for residents in the area. On-site open space requirements are discussed in Section
VI of this report. The site is located within Park Planning Area E. .
c.
Fire Protection - The January 11, 2000, Certificate of Water Availability (Exhibit S) from the
Lakehaven Utility District indicates that water will be available to the site in sufficient quantity
to satisfy fire flow standards for the proposed development. The Fire Department requires that a
fire hydrant be located within 350 feet of each lot. The exact number and location of fire
hydrants will be reviewed and approved by the Fire Department.
IX. UTILITIES
A.
Sewage Disposal - The applicant proposes to serve the proposed plat by a public sewer system
managed by Lakehaven Utility District. A January 11,2000, Certificate of Sewer Availability
(Exhibit T) indicates the district's capacity to serve the proposed development through a
Developer Extension Agreement (DEA) between the applicant and the district.
B.
Water Supply - The applicant proposes to serve the subdivision with a public water supply and
distribution system managed by the Lakehaven Utility District. A January 11, 2000, Certificate
of Water Availability indicates Lakehaven's capacity to serve the proposed development
through a DEA. Lakehaven Wellhead #25 and two water tanks are located north of the
proposed Ming Court development. Lakehaven considers residential development a low risk to
wellhead protection areas. The subject property is outside the required 100-foot sanitary buffer
for Wellhead #25. Water quality to the Wellhead would be a concern only if spills from heavy
equipment with large fuel tanks occurred during construction activities. To this end, the City of
Federal Way will require the applicant to notify Lakehaven Utility District prior to the
commencement of any construction activity at the site.
C.
Drainage Facilities - Development of the site will create additional runoff from new
impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being
designed in accordance with the 1998 King County Surface Water Design Manual (KCSWDM)
and the City's amendments to the manual. A Level III Downstream Analysis and Preliminary
Technical Information Report (TIR) prepared by Sitts and Hill Engineers, Inc. dated April 5,
1999 and revised March 3,2000 (Exhibit U) and reviewed by the City's Public Works
Department who concurred with information in the report. The applicant also submitted a
conceptual drainage plan, March 19,2003, prepared by Sitts and Hill Engineers, Inc. Basin
infonnation is provided in Section IV.E.
The applicant proposes to install a combined open detention and water quality wetpond, with
interior wet plantings in confonnance with the King County Surface Water Design Manual, to
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
Page 10
00-1 02793-00-SU I Doc ID 29871
EXHIBIT ~
---- A- -_fllllt.t
provide on-site flow control and water quality protection. The preliminary TIR proposes that
the detention pond, as required by the City, be a Level 3 Flow Control Facility, as provided in
the KCSWDM. The Level 3 Flow Control Facility must be designed to match durations for 50
percent of the two-year through 50-year peak flows, and to match the 100-year annual peak
outflow, to the pre-developed level. The Engineer states that with this strict discharge, it
appears little or no impacts to the downstream drainage system is anticipated, up to and
including the 100-year peak outflow.
Final review and approval of the stonn drainage facilities as shown on the engineering plan will
occur in conjunction with full drainage review.
x.
ANALYSIS OF DECISIONAL CRITERIA
The FWCC establishes review procedures and decisional criteria for deciding upon various types of
land use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110, preliminary
plat applications are submitted to the Hearing Examiner for public hearing. The preliminary plat
application and the recommendation of the Hearing Examiner are submitted to the City Council for
approval or disapproval.
Hearing Examiner Preliminary Plat Decisional Criteria - Pursuant to FWCC Section 20-126(c), the
Hearing Examiner may recommend approval of the proposed preliminary plat only if the following
decisional criteria are met. Decisional criteria and staff responses are provided below.
1.
The project is consistent with the comprehensive plan.
Staff Comment: The application is subject to the 2000 Federal Way Comprehensive Plan
(FWCP), which designates the property as Single-Family High-Density. The proposed land use,
Single-Family Residential plat, with 7,200 square-foot minimum lot size (RS-7.2), is consistent
with density allowances and policies applicable to this land use as established in the FWCP.
2.
The project is consistent with all applicable provisions of the chapter, including those adopted
by reference from the comprehensive plan.
Staff Comment: The preliminary plat application is required to comply with the provisions of
the FWCC Chapter 18, "Environmental Policy," Chapter 20, "Subdivisions," Chapter 22,
"Zoning," and all other applicable codes and regulations. Future development of the residential
subdivision will be required to comply with all applicable development codes and regulations.
As proposed, and with conditions as recommended by staff, the preliminary plat will comply
with all provisions of the chapter, as vested in 2000.
3.
The project is consistent with the public health, safety, and welfare.
Staff Comment: The proposed preliminary plat would pennit development of the site consistent
with the current Single-Family High-Density land use classification of the FWCP and map.
Proposed access and fire hydrant locations must meet all requirements of the Federal Way Fire
Department. Future development of the plat and associated improvements including those
proposed improvements at Fishers Bog in accordance with applicable codes and regulations
will ensure protection of the public health, safety, and welfare.
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
Page II
00-1 02793-QO-SU I Doc 10 29871
EXHIBIT -B
DAt'.~ I' na: 21
4.
It is consistent with the design criteria listed in Section 20-2.
Staff Comment: The proposed preliminary plat would promote the purposes identified in FWCC
Section 20-2, and the standards and regulations therein, as identified in the staff report,
including effective use of land, promotion of safe and convenient travel on streets, and
provision for the housing needs of the community. As proposed, and with conditions as
recommended by City staff, the preliminary plat application complies with all provisions ofthe
chapter.
5.
It is consistent with the development standards listed in Sections 20-151 through 157, and 20-
158 through 187.
StaJJComment: Development of this site is required to comply with the provisions of FWCC
Chapter 18, "Environmental Protection," Chapter 20, "Subdivisions," Chapter 22, "Zoning,"
and all other applicable local and state development codes and regulations. As proposed, the
plat is consistent with the FWCC requirements. The final plat must meet all FWCC
requirements for lot size, lot configuration, tract configuration, and access design. With minor
design changes to comply with FWCC requirements and recommended conditions of approval
by City staff, the preliminary plat application complies with all appli~able statutes, codes, and
regulations.
XI. FINDrNGS OF FACT AND CONCLUSIONS
Based on an analysis of the proposed action, environmental record, and related decisional criteria,
the Department of Community Development Services finds that:
1.
The proposed action is to subdivide a vacant 3.83-acre parcel into 15 single-family lots with
one storm drainage tract. There are single-family residential land uses to the south, east, and
west of the subject site, and a Lakehaven Utility District water tower and well site to the north.
2.
Zoning for the site is RS 7.2. The proposed residential subdivision and density is consistent
with existing adjacent land uses and zoning, and the project will be compatible with adjacent
residential uses provided all recommended conditions of preliminary plat approval are met. The
proposed subdivision vested to City codes and regulations as of December 1,2000, including
the 2000 Federal Way Comprehensive Plan (FWCP).
3.
A Mitigated Environmental Determination of Nons ign ificance (MDNS) was issued for this
proposed action on October 23,2004. Four comment letters were received. Mr. Ronald L.
Rassilyer appealed the SEPA determination on November 22,2004. The Hearing Examiner will
review the SEP A appeal concurrently with the preliminary plat review, pursuant to FWCC
Section 20-115.
4.
Water and sewer facilities are available from the Lakehaven Utility District and are adequate to
serve the proposed development. Sewer facilities will include the extension of mainline sewer
trunk through the site. It is the applicant's responsibility to secure all necessary water and sewer
services from the utility providers and services of other utility providers as necessary. As
recommended per condition #2 of the preliminary plat approval, the applicant shall notify the
District before commencing any earth moving activities so that the District can monitor the
adjacent well and water tower for sedimentary impacts.
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
Page 12
00-102793-00-S0 I DocID2987\
EXHIBIT ~
DAI'.C ,~- ns: 2.1
5.
As proposed, each lot contains an adequate size and shape building envelope to contain a future
single-family residence. Preliminary building setback lines (BSBL) are identified on the
preliminary plat map.
6.
The recreation and open space needs of subdivision residents will be met through payment to
the City's Parks Department of an optional fee-in-lieu providing the on-site open space, which
shall be utilized to improve recreation opportunities within the park planning area of the subject
property as provided for in FWCC Section 20-155. Pursuant to condition #5 of preliminary plat
approval as recommended, such fee shall be calculated based on the assessed value at that time
and paid prior to final plat recording.
7.
Public access into the subdivision will be provided from gth Avenue South. As proposed, site
access and street design will be at the optimum locations and configurations for safe and
adequate traffic circulation. Channelization and street improvement plans, prepared per the
City's engineering standards, are subject to review and approval in conjunction with
engineering plans review. Full street improvements within a 52-foot wide right-of-way are to be
installed for SW 309th Street and 7th Place South. Pursuant to condition #6 of preliminary plat
approval as recommended, prior to final plat approval, the applicant shall install a barricade as
approved by the Federal Way Public Works Department at the southem end ofih Place South
with signage to alert residents to the future extension of this road.
8. The existing speed hump on 8th Avenue South north of the entrance to the subdivision provides
a safe pedestrian connection from the subject site to the elementary school bus stop on the east
side of 8th Avenue South at South 309th Place as required by FWCC Section 20-156(a). As
recommended in condition #4 of preliminary plat approval, prior to final plat approval, the
applicant shall widen the east side of the 8th Avenue South shoulder with an extruded curb,
north from the subject site to the South 30gth Street intersection, the details of which shall be
reviewed in conjunction with the plat engineering review, and as required by the Public Works
Director.
9. Students will walk to the Junior and Senior High Schools from the proposed subdivision site
through developed residential neighborhoods lacking sidewalks. As recommended per
condition #5 of preliminary plat approval, prior to final plat approval, the applicant shall
implement approved traffic safety measures for students attending these schools as required by
the Public Works Director.
10. The subject property is wooded with second growth forest, and contains 56 trees that meet the
FWCC definition of significant. The applicant has proposed to remove 23 significant trees with
site grading for the installation of roadways and utilities. The remaining significant trees will be
regulated under FWCC Section 22-1568 during residential building pemit review. As
recommended in condition #3 of preliminary plat approval, the landscape plan shall include
stom drainage facility or tract screening, street trees, and tree conservation techniques.
11. The proposed preliminary plat is pemitted by FWCC Chapter 20, "Subdivisions," and Chapter
22, "Zoning." Lots that are rectangular in shape and that range in size from 7,200 square feet to
10,202 square feet in size are consistent with the standards of Article III of the 2000 FWCC
Chapter 20.
12. Surface water facilities shall be designed in accordance with the KCSWDM standards and
adopted Federal Way amendments subject to engineering plans review and approvaL A
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
Page 13
OO-IO2793-00-SU I DocID29871
EXHIBIT .-Þ
-.. -.. .... nl:?.J
stonnwater detention/water quality tract must be dedicated to the City of Federal Way, and
downstream facilities and/or upgrades must be provided where necessary.
13. The geotechnical report submitted with the application contains specific recommendations and
conclusions for the proposed development, including site preparation and grading of the subject
site. The recommendations shall be incorporated into Engineering plans prepared for site
development. Supplemental geotechnical analysis may be required by the City's Public Works
Director or Building Official, as allowed by FWCC, during development of the site in
confonnance with FWCC Section 22-1286.
14. If included in the final engineering design, to minimize aesthetic impact and be consistent with
the residential nature of the proposal, all retaining walls and rockeries shall include aesthetic
treatment as approved by the Community Development Services Department.
15. The proposed subdivision and all attachments have been reviewed for compliance with the
FWCP; FWCC Chapter 18, "Environmental Protection"; FWCC Chapter 20, "Subdivisions";
FWCC Chapter 22, "Zoning"; and all other applicable codes and regulations. As proposed, and
with conditions as recommended by staff, the preliminary plat is consistent with the FWCP and
all applicable codes and regulations. The applicant is responsible to obtain outside agency
pennits as applicable.
16. Prior to final plat approval and recording, all required and approved improvements will be
constructed, or the improvements appropriately bonded per City code requirements, and final
plat documents will be reviewed for consistency with the conditions of preliminary plat
approval and all applicable codes, regulations, and standards pertaining to final plat review.
XII. RECOMMENDA nON
Based on review of this application, environmental record, and pertinent decisional criteria, the
Department of Community Development Services recommends approval of the preliminary plat
subject to the following conditions:
1.
Clearing limits for the construction of the plat improvements (roads, pond, and utilities) shall be
generally consistent with the clearing limits depicted on the Conceptual Drainage Plan of Ming
Court, plan page C1.0, dated March 19,2004 and prepared by Sitts and Hill Engineers, Inc.
(Exhibit A). The clearing limits on the plan sheet referenced above are the approximate clearing
limits necessary for roads, utilities, and pond. The clearing and grading limits on the approved
plan may be modified with the approval of the Community Development and Public Works
Departments during final engineering plan review as required to reflect changes in road and
utility designs, if any.
2.
Prior to issuance of construction pennits, the applicant shall in writing notify Lakehaven Utility
District of the pending commencement of earth disturbance activities so that the District can
monitor the adjacent well and water tower for sedimentary impacts.
3.
Prior to issuance of construction pennits, a final landscape plan prepared by a licensed
landscape architect shall be submitted for review and approval by the Director of Community
Development Services, and shall include the following elements:
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
Page 14
OO-1O2793-00-SU I Doc ID 29871
EXHIBIT ~
_RAP ad. ^f: ,~.
(a) Street trees on internal plat streets.
(b) Cul-de-sac landscaping.
(c) Stonn Drainage Tract A screening.
(d) Significant tree identification and replacement.
4.
Prior to final plat approval, the applicant shall widen the east side of the 8th A venue South
shoulder and install an extruded curb, north from the subject site to the South 30801 Street as
required by the Public Works Director.
5.
Prior to final plat approval, the applicant shall implement approved traffic safety measures for
students walking to the junior and senior high schools as required by the Public Works
Director.
6.
Prior to final plat approval, the applicant shall install a barricade as approved by the Federal
Way Public Works Department at the southern portion onth Place South with signage to alert
residents to the future extension of this road.
7.
Prior to final plat approval, the applicant shall pay the altemative fee-in-lieu of providing on
site open space, as proposed and accepted, which fee shall be calculated on the basis of 15
percent of the most recent assessed valuation or MAl appraisal at that time, subject to approval
by the Directors of Parks and Community Development Services.
8.
If included in the final engineering design, retaining walls and fockeries design shall be
hannonious with the residential use of the site and shall promote residential design themes
through such means as terracing, orientation, natural material selection, use of vegetation, and
textural treatment to be designed by the applicant and approved by the Community
Development Services Department.
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
I'a~~c 15
OO-IO2793-00-SU I Oo<lD29871
EXHIBIT ~
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XIII
LIST OF EXHIBITS
A.
B.
C.
D.
E.
F.
GI-G4.
HI-H4.
I.
J.
K.
L.
MI-M4.
NI-N4.
O.
P.
Q.
R.
S.
T.
U.
Preliminary Plat Map ofMing Court, June 17,2003 (T-l); Conceptual Drainage Plan of
Ming Court (C 1.0); and Preliminary Landscape Plan revised June 18,2003
Vicinity Map for Ming Court Preliminary Plat
Master Land Use Application for Ming Court Preliminary Plat, May 12,2000
Letter of Intent to Execute Cost Sharing Agreement
Notice of Application
Mailing list
Four public comment letters based on the Notice of Application
City Responses
SEP A Mailing list
MDNS
Environmental Checklist
Staff Evaluation of Environmental Checklist
Public Comment letters for Ming Court SEP A Detennination
City response to SEP A public comment letters
SEP A Appeal from Ronald L. Rassilyer
Geotechnical Report, February 11,2000
Wetland Report
Ming Court School Access Inventory Analysis
Certificate of Water Availability, from Lakehaven Utility District
Certificate of Sewer Availability, from Lakehaven Utility District
Level III Downstream Analysis and Preliminary Technical Infonnation Report (TIR)
resubmitted April 7, 2003
TRANSMITTED TO THE PARTIES LISTED HEREAFTER:
Federal Way Hearing Examiner
Applicant Agent - De-En Lang, Lang Associates, Inc.
Applicant - David Ling
Staff Report to the Hearing Examiner
Ming Court Preliminary Plat
Page 16
0O-102793-00-SU / Doc ID29871
EXHIBIT -Þ l
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PAGE OF ~!b
n LANDS.CAPE-STREETSCAPE PLAN ~Hm HO.
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NO",. ,,'" .
Map uaœ: VClouerV4
City of Federal Way
33325 8th Avenue S.
PO Box 9718
Federal Way, WA 98OE
www.dtyoffederalway.c
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FILE NO: 00-102793-00-SU, 00-102794-00-SE
ADDRESS: 30901 8TH AVENUE S
EXHIBIT L
PAGE.tLOF A-
-
Lakes
This map is intended for use as a graphical representation ONLY. The City of Federal Way makes no wárrenty as to its accuracy.
McCarth
CaliS e:aux
iRour~..:~c, p-s.
ATTr:JANevs t.'- LAW
.. -F:Ù.~;blis ed"1'977
FACSIMILE COVER SHEET
January 19, 2005
VIA FACSIMILE
No.: 253-835-2509
9<)~ S.,'" h lOch S rc«
T....:c'"",. W;".~.in. no 9'~1w\
Ph""" ~.~ì ~7~.~1 (,
f.c.imi!" :!.<¡, .~7;" 6,n'l
TO:
Jason Suzaki
RE:
Ming Court
FROM:
KELL Y l. BAKER
Transmitted herewith are a total of _6- pages, including this cover sheet. If y u do
not receive all pages please call sender, KELLY BAKER. of McCARTHY, GAUSS UX
& ROURKE, INC., P.S., at (253) 272-2206 for resending-
Documents FAXed:
1.
Exhibits 4,9,10
LAW OFFICE OF
McCARTHY,CAUSSEAUX
& ROURKE, INCA, P.S.
902 South 10th Street
Tacoma, Washington 98405
(253) 272-2206 (Switchboard)
(253) 272-6439 (Facsimile)
r~~^~.~~~~ ~~'~T ~^^7 CT',~~
.-
801 S. 310lh Place
Federal Way, W A. 98003
CITY OF FEDERAL WAY
ATTN: CITY HEARING EXAMINER
FEDERAL WAY. WA. 98063-9718
January 12.2005
FILE NO: 00-102794-00-SR ADDRESS; 30933 8TH AVENUE S.
Dear Sir:
We would for purpose of introduction. respectfully refer you to our previous letter
addressed to Ms.. Deb Barker of November 3. 2004. Tlùs letter was responded to by M
Kathy McClung on November 15,2004. We appreciated this response, however, wish t
be assured that our primary concerns remain part of your considerations.
Our remaining and most prevalent concern is that this proposed development would
substantially contribute to the escalation ofua:ffic, especially as the Ming Coun
Development access way (South 309m Court) is to be located off 8th Avenue South at
point directly opposite the school bus stop (South 309m Place). Ms. Kathy McClung~s
~surances (response letter of November 15.'04) speak of a planned and "marked
crosswalk with signage on 8th Avenue South north of the entrance to the subdivision"
(to be facilitated by Mr. Ling. applicant) and of him being required to widen the east sid
of the 8th Avenue South shoulder with an extruded curb. north from the subject site to t
South 308th Street intersection..."
However, these assurances do not really reassure us. From our area knowledge and .
observations (our residence bas a full visual observation of the crosswalk and environs) e
are not sure the City has taken into full account the hazards that will be caused by this
development. If these hazards cannot be counted because of City departmental "lega' ..
when considering this development we would nevertheless like to point out: 8TH
AVENUE SOUTH IS A PRlMARY ACCESS ROAD. IF NOT THE ONL Y ROAD,
TO AT LEAST TIIREE SCHOOLS. AND THE FEDERAL WAY BOYS & GIRLS
CLUB (A BLOCK A WAY FROM THE PROPOSED DEVELOPMENT). The hazard
to children who very often choose to walk to school, etc. is not being reviewed carefu lly
enough.
Our point is that if the City wishes to permit new developments. some consideration
should be given to improving the present road scenario. which is that.¡~~~~~~th
does not afford proper paved, raised sidewalks wmch would at leastlm&nm II ,
protection to the not inconsiderable. nwnbe~ of children, ol~er adul,~od in 0 ..--
general who regularly walk, cycle and use this road at what 1$ really, ir~à1rVe~'.-
hazard.
;
'.
L::.G£BIT
4
"
.- .
We have not addressed, but it also needs to be considered, where construction workers
are planning to Wk their vehicles when not in use or while seeking proper access to thi
proposed development - parking is at a premium along the aforementioned and already
severely impacted, 8th Avenue Sou~ and we trUSt would not be pennitted on or in, the
residential byroads such as the Birchwood Complex (S. 310th Place etc.)'!??
I
We remain opposed to pennission being granted to proceed with the proposed
development for the reasOns stated herein and also for any mentioned but not addressed
by response, in ôur origínalletter of Nov. 3rd, 2004 to Ms. Deb Barker.
Sincerely,
R ~f ~,~L-
Robert L. Buchanan
~ cd:;;.< "'c-- c: ~"- h().~ <-
Patricia A. Buchanan
EXHI
PAGE -
I'
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801 S. 3101"Pla.ce
Federal Way, W A. 98003
CITY OF FEDERAL WAY
A TTN: CITY HEARING EXAMINER
FEDERAL WAY, WA. 98063-9718 January 17,2005
Ð/
FILE NO: 00-102794-00-SE. ADDRESS; 309J3 8m AVENUE S.
Dear Sir:
Further to our letter to you of January 12,2005, we find upon further review that we
failed to make oUr point over the pedestrian crossing and sidewalks to be provided on
Eighth Avenue South:
If Mr. Ling, applicant, is to be required as a condition of Mmg Court construction, to
install these above-mentioned features, it should be a further proviso that tills work be
completed BEFORE the completion ofMing Court construction, not afterwards. We
make this point because we feel these improvements need to be done now not later,
especially in light ofthe fact that Ming Court is not projected to be completed until
October, at a time of year when weather conditions deteriorate and may become such
the City may have difficulty in enforcing timely completion of these needed improvement.
Our other concern, over parking, stands as defined.
. Finally, we respectfully point out that in the City's listing of Public Services (Final Staff
Evaluation for Environmental Checklist dated October 20, 2004, St. Vincent de Paul
Catholic Church and quite sizeable School were not mentioned. St. Vincents is located
few blocks further down 8th Avenue South and do further contribute to the substantial
traffic impact and child concerns.
Sincerely,
If .4- <fl ~
Robert L. Buchanan
&ó---t~~ D- 'Y\AO~C'-^~
Patricia A. Buchanan
~
^^^JL^^"' T"'^",Jl
~c~a7 7CC7 CC:CT cnn7.~T'MVr
't
From: Harold L. Hartman
Owner
30855 8th Ave. S.
253-839- 7123
Question 1.......1 will be developing the property
to the north and bordering the access road to b
constructed for this project (see drawing). Will
the utilities be underground or above ground,
and will it be possible to have the utilities set up
so that I can tap in when I do the development?
Question 2......Will the access road be a public
road and willi be able to use it if I subdivide an
put in houses with driveways off the new road?
Harold L. Hartman
EXHI~T
PAGE 0
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RECEIVED B"
COMMUNITY DEVELOPMENT ARTMENT
JAN 1 8 ZO05
January 17, 2005
Gene Rite
30936 5th PI. S.
FederalVVay, VVPL
(253) 529-8792
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98003
Kathy McClung
City of Federal VVay
RE: #úO-l02794-000-00; Response To SEPA Comments
Ming Court Preliminary Plat
Ms. McClung:
Pursuant to your letter dated Nov. 17,2004, I picked up on the word "recommendations,"
regarding site drainage preparations. This would indicate to me that the developer
would not be accountable to properly prepare the site. This could result in our flooding
problem being aggravated. I believe the developer should be held to rigid standards on
this matter. I also believe that, due to the disruption of our privacy and security, a 6'
wooden fence should be built across our property line. This would separate the two
properties and should be provided by the developer.
Sincerely,
p ~ 1 d::1::
P. Gene Rite
EXHIBIT D -I
PAGE~OF -.12--..
City of Federal Way
Federal Way City Council
33325 8th Ave South
Federal Way, W A
February 8, 2005
Dear Federal Way City Council:
I~:..:..~,~:;;--~-::~.-:,-.~'-'-::- ::'::':::-j
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CIl)' C;::;rks Ut1!:e
City or F~,jGr~i 'i'hy
We, the undersigned, are very much in favor of the upcoming decision to be made
regarding the Ming Court preliminary plat application. Ming Court is located on 8th Ave
South in Federal Way. Our three homes are on the south side, adjacent to the proposed
development, and are subject to much ofthe refuse being thrown there as well as the
unwanted traffic this undeveloped land draws. Rodents also infest our homes.
We were in attendance at the January 18th, 2005 hearing of the Ming Court preliminary
plat application and are in agreement that developing Ming Court would be such a benefit
to our entire neighborhood, that we urge the Federal Way City Council to approve the
preliminary plat of Ming Court.
Please place this letter of affirmation in the official records involving the Ming Court
case.
Thank you for your consideration.
Sincerely,
Richard and Kathryn Clare
~~~
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Michael and Uta Tipper
J;7:N'~
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1~ {;J~ l LJIJ-
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Gregory an~~e~
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EXHIBIT Þ - z.-
PAGE.-2. OF 10
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RECEIVED BY
COMMUNITY DEVELOPMENT DEPARTMENT
FEB 1 J 2005
801 S. 31Oth Place
Federal Way, WA. 98003
CITY OF FEDERAL WAY
ATTN: Ms. Deb Barker, Assoc. Planner
FEDERAL WAY, WA. 98063-9718
February 10,2005
FILE NO: 00-102794-00-SE. ADDRESS: 30901 8TH AVENUE S. MING COURT
Dear Ms. Barker,
We would like to comment that we were very impressed by the "Land Use Public
Hearing" as conducted by the City. More especially, your presentation of the Hearing, of
guiding, as it were, the proceeding so that it was clear and concise for all present, was
excellent.
As for the Report and Decision ofthe City of the Hearing Examiner, we are very relieved
to hear the Examiner apparently agreed with us over the urgency of sidewalk improvement
(8th Avenue South), and as our concerns were primarily about traffic impact/safety should
the Ming Court development be permitted, in essence we are pleased with the Examiner's
decision. We can and do feel concern for the house owners residing immediately west of
the development-to-be as far as potential flooding oftheir properties, but that is perhaps
not a concern we can present.
Thank you very much for helping us to feel our concerns as residents need not be
dismissed as unimportant, in fact that such opinions and participation are valued. It has
been an interesting and worth while process for us.
We will continue to keep an eye on further developments of the project.
Sincerely,
j~~~ ~ C'l ~ ----ch <ÄI\ ~
Patricia A. Buchanan
I? rJ--&v}- -{ ß ~ ~
Robert L. Buchanan
52-Of - eJ/29
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EXHIBIT 1)-3
PAGE ?I OF 10
/)~ Lang Associates, Inc.
~ Land Use and Development Consultants
10658 Riviera Place N.E. . Seattle. Washington. 98125. Tel: (206) 306-8880 . Fax: (206) 362-6848
RECEIVED BY
PDMMUNITY DEVElOPMENT DEPARTMENT
FEB I 1 ZO05
February 10, 2005
City Council
C/o Ms. Cris Green, City Clerk
City of Federal Way
33325-8th Ave S
P.O. Box 9718
Federal Way, WA 98063-9718
Re:
Ming Court Preliminary Plat
FWHE#05-01 Related File No. 00-102793-O0-SU
Dear Member of the City Council:
We are consultants representing the applicant of the subject preliminary plat. Mr. Mark E.
Hurdelbrink, Deputy Hearing Examiner issue a recommendation to the City Council after the
public hearing was held on January 18, 2005. We disagree with Condition 1 of the
conditions of approval and would like to present the following arguments before the Council.
BACKGROUND
1. The subject preliminary plat was submitted on May 12, 2000. The original submittal
included a grading plan showing mass grading of the site (reduced copy attached).
2. Planning staff, informed the applicant that mass grading was not allowed in the City
and insisted that the grading plan be revised. Staff cited Council decisions in the
past.
3. At staffs insistence, the applicant revised the grading plan and limited clearing and
grading to street right-of-ways and utility corridors.
4. Due to drainage conCerns downstream at Mirror lake and Fisher's Bog the project
along with other project named "lakota Crest" (City File No.98-103452-O0SU) were
put on hold until solutions were found in 2004.
5. lakota Crest was approved but the proposed mass grading was rejected by the
Hearing Examiner.
6. Applicant of lakota Crest appealed Hearing Examiner's recommendation to the
Council and the Council approved the mass grading by Resolution No. 04-426 (copy
attached).
Restrict clearing and grading to street right-of-ways and utility corridors would have the
following problems:
1. Increase import and export material during individual lot clearing and grading, thus
increase frequency and duration of truck traffic generated. by the project. Since
utilization of on-site material for cut and fill would be limited.
EXHIBIT l>.A/
PAGE~OF JO
Federal Way City Council
February 10, 2005
Page 2
2. Increase in import and export of cut and fill material would also increase secondary
impact to extraction and dump sites off the project site.
3. Individual lot clearing and grading are very inefficient and expensive. This is due to
small lot sizes and tight construction spaces. It would be even more difficult after
some of the homes are built.
4. Individual lot clearing and grading would also increase needs for rockery and
retaining walls.
5. Erosion control would have to be implemented on individual lots and for longer
duration.
6. Tree retention requirements can be better implemented with mass grading during
plat construction.
We believe the subject project site is similar to Lakota Crest in location and topography. You
have approved mass grading proposed by Lakota Crest applicant. The subject project's
original proposal did include mass grading, we therefore request that you reverse Mr.
Hurdelbrink's recommendation and allow mass grading in the proposed preliminary plat of
Ming Court.
If you have any questions or need any additional information, please contact me at (206)
306-8880 or E-mail me at deenlanq@yahoo.com.
Sincerely,
LANG ASSOCIATES, INC.
De-En Lang
President
Enclosure
Cc:
Mr. Mark E. Hurdelbrink
Ms. Deb Barker
Mr. David Ling
EXHIBIT --1L:ï.
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RESOLUTION NO. 04-426
A RESOLUTION OF THE CITY COUNCIL OF mE CITY OF
FP~DF.R^I. WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE LAKOTA CREST J'RF.LIMINAH.Y I)LAT,
FEDERAL WAY FILE NO. 98-103452:.00 SUo .
WHElmA..~ the owner, Lyle Homes, applied to the City ofFederal Way for prc1iminllI)' plat approval to
~uhd¡vidc certain rcat property kl.\own fl9 Lakota Crest and consisting of 10,8 acres into forty.three (43) single-
family rosidontiallots located northwest of the intcrscc{ion of SW 312\h Str<:cl and 1 $I Avenue SouLh, wh ich
parcel adjoins n 7-11 store at the llorthw<:st comer of said intersection; anù
W( ~RI>AS. on May 5,2004, an Environmcntal Mitigated Determination ojNonslgntßcancc (MDNS)
was Îs..<;ucd by the Dircctol'ofFcdoral Way's Dopartment of Community D<:.velopment ScrviCGS p\.lIsuanttotllc
Stale'. Envlronnumtol Policy Act (SBP A), RCW 43.21 C; and
WHEREAS, on June 2,2004, ESM Consulting Engineers on behalf of Lyle J lames. appealed the SEPA
Mitigated Determination ofNonstgntj1.cance; and
WHEREAS, pursuant to Federal Way City Code ScotJon ;2()4L 15, the SEPA ap~ hcaring and
preliminary pIaL application open record hðaring shaH be held simull3neol1sty, and
WIIEREM" the FcdcI1\t Way Land Use H~ring Examiner on July 13, 2004, held a public hearing
conc.ol1ûng the L~kota. Crest prcliminary plat and SErA app<:al; and
W(lf.REAS, the Hearing ExamIner teft the r(",cord o~ until 1uly27. 2004; arid
WHEREAS, on Ju \y 26, 20Q4. thtl City of federal W tly îssuo(f a revised SfiP A Mj(igátcd Determination
of Nonrign1fltxmcc for tho Ll\kota Crest prolimiMry plat; and
WHERr.:AS, 00 July :1.6, 2004, Bl'Ían l.awtcr, on behalf of the appe1!ant. withdr~w tho appC8.\ of the
Ma)' 5,2004 MDNS; and
Whereas, following the oouclusioll of s<\id hearing, on August 10, 2004, th~ FedCt:l1 Way L'nd Use
Hearing Examiner issued a written Report and Recol\uncndation CQo1aining findings fintl conclusion~. and
recommending approval of the preliminary plat of Lakota Crest $ubject to conditions set forth tllcrein; and
. .
Whereas, fol1owing the conclusion of said hearing, 01\ August 10, 2004, the Fedcral Way Land Use
Res. ft 04-~,26
. P¡o&C I
ORIGINAL
EXHIBIT -þ-'l/
-. -- ---- ^,. In
'.....
....~
'Icaring Examiner issued a Memorandum Decision stating that the Examiner will take no furthC( action 00 the
withdrawn SEPA appeal; and
WI ŒRF.AS, the Federal Way City Council hag jurisdiction and authority pursuant to SectÌ<>n 20-127 of
the Federal Way City Crxfè to approve, deny. or modify a preliminary pJat and/or its conditions; and
WHEREAS, on September 13, 2004, the City Council Land Use and Transportation Committee
considered the record MJ the Hearing Examincr rocommênðation on the Lakota Ctcst prdimioaIY plat,
- .
pursuant lO Chapter 20 of Federal JfOy C;iy Code, Chapter 58.17 of the RCW, and all other applic.'\blc City
codes, and voted to forward a rccomihßnd.\tion for approval of tho proposed Lakota Crest preliminary plat to
the fult City Council, except dlC WTC recommended to eliminate rIDding number twenty and condition
number three of the Hearing Examiner recommcndðlion; and
WHmtEAS, on Septembt.,'( 13, 2004, the City Council J.and Use and Trnnspol1ation Conm\ittec
recommended to the City Council to allow ma.~" ctcaring sod grading pf the site; and
WHERMS, on Sc 1tcm~cr 21, 20M, (he City Council considered tbe recocd and the Hearing Examincc
recommendation On the Lakota Crest prcliminary plat. and the recommendation of the Land Usc and
Transportation Committee pllfSUaI1t to Chapter 20 of Federal Way CiJ}I Code., Chapter 5 8 .17 ofd\ð RCW, ilnd
at! othe(' .pplicable City codes.
Now 11lERtWORE, THECITYCOUNCU.Of'nmCITYOpFEDERAI. W^Y, WASUlNGTON.DOESHF.Rr..lJY
RESOLVE AS FOLLOWS:
Section 1. AdoDtion~Lfîl\d¡n0ß ofFacllU1.d ConchtsiQo..â<
1.
1ñ~ fiodÎl'ßS offact and conclusions ofthc Ù1nd Use Hearing Examiner's August 10,2001
Report and RecoO\m~ndalion, attached hereto as Exhibit A and incorpocat.cd by this reference, arc hereby
adopted ;¡s the finding;; and conclusions of the Fedoral Way City COUl1ci! except findin{¡ number twenty and
condition number three atc not adopted. Any finding docritcd ~o ~ a conclusion,w\d any conclusion dcomed to
be a finding, shall 00 treated as such.
2..
Tho Fcdcmt Way City Council hereby c1intin~tes fInding number twenty and Cöndilion
t\úJt\\)ot three of the August 10.2004 Hearing r~n¡ncr Report and Reconunendation, and finds mass 8fadÙ1g
Rc!:.I1-94-i~6_--, rate 2
EXHIBIT þ.;.c¡
PAGE X OF 10
....
......'
oftho cr.tire site at the time of plat in frnstr\lotu re construction will promote efficient construction on the site,
roðl1c( truck trips duringcOl1struction ofChesito and during constmction ofhomcs on future building lois, and
aUow for balnnting c.ut and fin mMcritils 00 thosit~ considc:cation of sufl'ounding7.olting and uses, and lack of
ability [or long t<"fffi preservation of signifiC<1nt trees öo the site. make the site conducive tó mass grading.
J,
ßase<1on, illter alla~ the llI1al)'!iis and concilisioos in the StaífRcport and 1 rcaring Examiner's
recommendatiOn. and conditions of &pprovaI tIS established tt~erein, and tIle establishment of a City Council
finding allowing mas5 clearing and grading ofthe site. the pröposod subdivision makc.s appropriate provisiolls
for the puhlic heall.h, safety, and general welf8r~ and for such opcn spaces, drainage ways. streets or ro(\ds~
al1o)lS, other publìc way~. transit stops, !,otablc wt\.tcr supplies, sanitary waste. parks and tèCreation, play
ground ¡, $c1'1ool$ ..nd school grounds, and~l other relevant facts as aro r~\1irod by City code and stat~ law,
and provides for sidewalks and other plaouì1\g f~t~ to assure safe wa1king conditions for students \\1\0 walk
10 aud fwln school.
4.
11\0 public use and interest will be selVed by the preliminary plat approval granted herein.
~cctjcl\ 2. App,li,çatioo Approval. Based upon the rcœInm.~da\ioll of (he FederaJ Way L.-md Use
Hearing Examiner and findings and Cúnctusions contained therein as adopted. and revised by the City Council
imr11oo¡a~ly above, the I.skat<'\ Crest preliminary plat, F~era' Way File No. 98~ 103452-00 SO, Is hereby
approved, slIbjc:c.t to conditions as conWned in the August 10, 2004, Report ãI1d Rccommendation of the
Federal W~y Land U$() Hearing Bxan\Ìncr (Exhibit A) as modifiod by findings and rondusíons adopted in
Section l abovç.
ScctÎoo 3,...Cond¡tions ('If Ap-p-œyal Integral. The conditions of 8.pt)(Oval oflhc preliminary plat arc all
integral to cPoch other with re.s~t to the City Councit finding that the public use and interest will be scf\'Cd by
the platting or subdivision Qfthcsubjc~t property. Shoold anyoourthavingjurisdiction ovcr the subject matter
declare any of the conditions invalid, thco, in said ßvent. the proposed prefìnünary plat approval granted in. this
r~(ution shall be deemed voId, and the preliminalY plat. shaH be remande;d to the City of Pcdeca1 Way
HearinG Examir\ér to revicw the impa.cts oftbe uwal!datJon of any condition or conditions and oonduct such
additional proceedings as arc necessary 10 assurc that the proposed plat makes approprí~e provisions for tho
Ro:di 04--426
......" PAgC 3
EXHr~T D~
PAGE OF 10
'<
public health, safely. and g~cra1 welfllfe and od\Ct" factors as required by Chapter 58.11 of the RCW and
appJicablc City ordinances, rut~, and regulations, an.d forward such recommendation lo th~ City Council for
further action.
~Ctl¡on 4. Scvcrabi1ì!:y_If any s<!ctìon, sentence, clause. or phrase of this resolution should bo held to
be invaHd or unconSlillltiooal by 1\ court of comp~tenljurisd¡ctjoo, such invalidity or unconstitlltiO!'lalHysht\ll
not affect the validity or constitutiooalilyof any other scçtion, scntcn<ìc, clause. or phl11Sc of this resolution.
â"~t19n 5. RalifiClI{Îoo. Any act œosistcnt with the authority and prior to the effective date of the
resolution is hcreby ratified and affirmed.
Scciion 6.J}f(~tî.~J.l.n1ç. This ~Iutlon shall be effective immcdiatetyupon passage by th~ Federal
Way City Council.
RESOLVED BY TlŒCITY COUNCU, OF l1mC1TYOF FEDERAL WAY, WASHiNGTON, TIllS 2.1 DAYOP
Septc.abér
,2004.
A1TEST:
Al'l'ROVnn As TO FORM:
~.~
C ATTORNEY, PATRIClAA. RICHARDSON
FILED WITH THB CITY CLERK: ~J..4.LO4
PASSUP DY'TJ.m CITY C()(,JNC1L: 09/21/04
. RESOwnON No. 04-426
Res.' 04-416
-JP~4
EXHIBIT 1)-4
PAGE 10 OF J()
.~
. ,
~>~ CITY OF
r'~~.~ Federal Way
Page - 1
February t, 2005
Ronald L. Rassilyer
30932 - 5th Place South
Federal Way, WA 98003
~
CITY HALL
33325 8th Avenue South. PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffederalway.com
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L-........ City oj F¡;ûcrJi ,^,aÿ
----.
RE:
MING COURT - SEPA APPEAL
FWHE#OS-Ol RELATED FILE NO. 00-102793-00-SU
Dear Applicant:
Enclosed please find the Report and Decision of the City of Federal Way Hearing Examiner
relating to the above-entitled case.
VØ7ø
MARK E. HURDELBRINK
DEPUTY HEARING EXAMINER
MEH/ ca
cc:
All parties of record
City of Federal Way
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CITY OF FEDERAL WAY
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OFFICE OF THE HEARING EXAMINERL_-
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IN THE MA TIER OF:
FWHE#
05-01
MING COURT - SEPA APPEAL
Related File # 00-102793-00-SU
I. SUMMARY OF APPEAL
The responsible official issued a Mitigated Determination of Non-Significance on October
23, 2004, pursuant to the State Environmental Policy Act. Ronald L. Rassilyer appealed
that determination on November 22,2004.
.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
January 18, 2005
February 1, 2005
At the hearing the following presented testimony and evidence:
1.
2.
3.
4.
5.
6.
Deb Barker, Associate Planner, City of Federal Way
De-en Lang, Proponent, 10658 Riviera Place, Seattle, WA 98125
Ron L. Rassilyer, Appellant, 30932 - 5th Place South, Federal Way, WA
Paskal G.Hite, 30936 - 5th Place South, Federal Way, WA 98003
Patricia Buchanan, 801 S. 310th Place. Federal Way, WA 98003
Harold Hartman, 30855 - 8th Ave. S., Federal Way. WA 98003
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
2.
3.
4.
5.
6.
Staff Report with all attachments
Power Point Presentation
SEPA Environmental Appeal Power Point Presentation
1/12/05 Letter from Robert and Patricia Buchanan
Memo from Deb Barker
FWCC 20-179 Retention of Vegetation
EXHIBIT e
PAGE 2. OF ~
~
/~
. I
Page - 3
7.
8.
9.
10.
Original Site Plan
. Resolution #04-426 (Specifically Finding No.2)
1/17/05 Letter from Robert and Patricia Buchanan
Letter from Harold Hartman with questions and map
III. FINDINGS
1.
The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, viewed the site and taken this matter under advisement.
2.
The Community Development Staff Report sets forth general findings, applicable
policies and provisions in this matter and is hereby marked as Exhibit "1" with
attachments and hereby incorporated in its entirety by this reference.
3.
All appropriate notices were delivered in accordance with the requirements of the
Federal Way City Code (FWCC).
4.
The underlying application requests preliminary plat approval to subdivide a 3.83
acre lot into 15 residential lots. The proposal will include developing a road
system, street improvements, utilities, storm drainage control improvements, and
other related infrastructure improvements.
5.
Pursuant to the State Environmental Policy Act, the City of Federal Way
responsible official issued a Mitigated Determination of Non-Significance on
October 23, 2004. A timely appeal was filed by Ronald L. Rassilyer on
November 22, 2004.
6.
The SEPA appeal stated "we are appealing this on the basis of flooding and
privacy concerns. There are underground springs in the northwest corner of the
lot. Also about easement." No other information was provided from the
appellant.
7.
A responsible official is required under SEPA to review proposals for the
potential for probable significant adverse environmental impacts from a
development. The responsible official reviews the environmental checklist and
supporting documents to make that threshold determination. WAC 197-11-782.
If the environmental official determines that there may be probable significant
adverse environmental impacts, then a Determination of Significance is issued.
If the responsible official does not determine that a proposal will have probable
significant adverse environmental impacts, or that these impacts can be
EXHIBIT e
PAGE ~ OF ?
~
Page - 4
mitigated, then a Determination of Non-Significance is issued. In this particular
case, the responsible official reviewed the environmental checklist and other
supporting documents and found that the proposal would not have probable
significant adverse environmental impacts. Therefore, a Mitigated Determination
of Non-Significance was issued.
8.
The threshold determination of the responsible official carries substantial weight
according to Federal Way City Code 18-51(d) and RCW 43.21C.075(3)(d). For
an appeal to be granted, the responsible official's decision must be shown to be
"clearly erroneous". Haden v. Port Townsend, 93 Wn. 2d 870 (1980). A decision
is "clearly erroneous" when, even when there is evidence to support the decision,
the reviewing body is left with a definitive and firm conviction that a mistake has
been committed. The burden is on the appellant to show that the environmental
official's determination is clearly erroneous.
9.
The appellant essentially stated three issues of the threshold determination that
were improperly addressed or determined. Findings on each of these issues are
hereby made as follows:
1.
Flooding
There was testimony at the hearing regarding the flooding problem that
apparently occurs both on this site and offsite. This specific issue was
addressed in the threshold determination. A condition of the MONS is a
requirement that the proposed culvert modification and lowering at
Fisher's Bog must be completed prior to initiating clearing grading on this
site. This will help with the flooding at Mirror Lake. This proposal will be
required to satisfy all requirements regarding a storm water retention and
removal which will ensure that this development will not exasperate the
problem. The underlying applicant is not required to solve the ongoing
flooding problem. The condition contained within the threshold
determination will help alleviate some of these problems. There was no
expert testimony given that would indicate that the determination on this
issue was improper.
2.
Privacy Concerns
Presumably the neighboring property owners are concerned because
there will now be houses adjacent to the property. Clearly this will effect
the privacy interests of neighboring property owners, but the property is
EXHIBIT e
PAGE " OF ~
/--
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Page - 5
zoned for residential development. No buffering between these homes is
required. There are required setbacks that are satisfied by the applicant.
Therefore, there is no significant adverse environmental impact as it
relates to privacy.
3.
Easement Issue
The appellant has issues regarding how the easement that has been
granted to the applicant for utilities is going to effect neighboring property
owners. The testimony at the hearing indicated that there essentially will
be no effect of these easements on neighboring property owners. All
storm water issues will have to be handled pursuant to conditions of
approval in the underlying preliminary plat decision.
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 appellant has not shown that the threshold determination of the environmental
official is clearly erroneous. Any potential significant adverse effects to the
environment were analyzed and properly dealt with in the mitigated determination
of non-significance, therefore, the SErA appeal is denied.
DECISION:
The appeal of Ronald L. Rassilyer is hereby denied.
DATED THIS 1st DAY OF February, 2005.
M~~K
Deputy Hearing Examiner
EXHIBIT- IE
PAGE ~ OF-.:L
,
. . . .
Page - 6
TRANSMITTED THIS 1st DAY OF February, 2005, to the following:
APPELLANT:
Ronald L. Rassilyer
30932 - 5th Place South
Federal Way, WA 98003
APPLICANT:
Mr. De-En Lang
Lang Associates, Inc.
10658 Riviera Place NE
Seattle, WA 98125
ENGINEER:
Sitts & Hill Engineers, Inc.
2901 South 40th Street
Tacoma, WA 98409
OWNER:
David Ling
1937 NE 107th Street
Seattle, WA 98124
P. Gene Hite, 30936 - 5th Place South, Federal Way, WA 98003
Dick and Kathy Clare, 31104 - 6th Ave. S., Federal Way, WA 98003
Michael and Uta Tipper, 31116 - 6th Ave. S., Federal Way, WA 98003
Rob and Pat Buchanan, 801 S. 310th Place, Federal Way, WA 98003
Pearl Rhyner, 31112 - 5th Way South, Federal Way, WA 98003
Jennifer Grey, 31108 - 5th Way S., Federal Way, WA 98003
Hal Hartman, 30855 - 8th Ave. S., Federal Way, WA 98003
City of Federal Way, c/o Chris Green, P.O. Box 9718, Federal Way, WA 98063-9718
EXHIBIT é
PAGE (, OF-3:..
/~
. . . .
Page - 7
PROCESS IV
Rights to Appeal
Decisions of the hearing Examiner may be appealed by any person who is to receive a
copy of that decision under FWCC Section 22-443.
The appeal, in the form of a letter of appeal, must be delivered to the Department of
Community Development Services within fourteen (14) calendar days after the issuance
of the Hearing Examiner's decision. The letter of appeal must contain:
2.
A statement identifying the decision being appealed, along with a copy of
the decision;
3.
A statement of the alleged errors in the Hearing Examiner's decision,
including specific factual finds and conclusions of the Hearing Examiner
disputed by the person filing the appeal; and
4.
The appellant's name. address, telephone number and fax number, and
any other information to facilitate communications with the appellant.
The person filing the appeal shall include, with the letter of appeal, the fee established
by the City of the costs of preparing a written transcript of the hearing (or in the
alternative, the appellant may prepare the transcript at his or her sole costs from tapes
of the hearing provided by the City).The appeal will not be accepted unless it is
accompanied by the required fee and cost (or agreement of the appellant to prepare the
transcript).
Appeals from the decision of the Hearing Examiner will be heard by The City Council.
The decision of City Council is the final decision of the City.
EXHIBIT e
PAGE 9' OF ~
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE PRELIMINARY PLAT OF MING COURT,
FEDERAL WAY FILE NO. 00-102793-00-SU.
WHEREAS, owner David Ling applied to the City of Federal Way for preliminary plat approval to
subdivide certain real property known as Ming Court and consisting of 3.83 acres into fifteen (15) single-
family residential lots at South 31 Oth Street at 7th Place South located west of 8th Avenue South; and
WHEREAS, on October 23, 2004, an Environmental Mitigated Determination of Nonsignificance
(MDNS) was issued by the Director of Federal Way's Department of Community Development Services
pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C; and
WHEREAS, on November 22, 2004, Mr. Ronald Rassilyer appealed the SEP A Mitigated
Determination of Nonsignificance; and
WHEREAS, pursuant to Federal Way City Code Section 20-115, the SEPA appeal hearing and
preliminary plat application open record hearing shall be held simultaneously; and
WHEREAS, the Federal Way Land Use Hearing Examiner on January 18, 2005, held a public
hearing concerning the Ming Court preliminary plat and SEP A appeal; and
Whereas, following the conclusion of said hearing, on February 1, 2005, the Federal Way Land
Use Hearing Examiner issued a written Report and Recommendation containing findings and
conclusions, and recommending approval of the Ming Court preliminary plat subject to conditions set
forth therein; and
Whereas, following the conclusion of said hearing, on February 1, 2005, the Federal Way Land
Use Hearing Examiner issued a SEPA Appeal Report and Decision concluding that the appellant did not
show that the threshold determination was erroneous, that any potential significant adverse effects to the
environment were analyzed and properly dealt with in the MDNS, and that the SEP A appeal was denied;
and
DRAF.
EXHIBIT
PAGE' OF
WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-
127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions;
and
WHEREAS, on February 28, 2005, the City Council Land Useffransportation Committee
considered the record and the Hearing Examiner recommendation on the Ming Court preliminary plat,
pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City
codes, and voted to forward a recommendation for approval of the proposed Ming Court preliminary plat
to the full City Council, with no changes to the Hearing Examiner recommendation; and
WHEREAS, on March 15,2005, the City Council considered the record and the Hearing Examiner
recommendation on the Ming Court preliminary plat, pursuant to Chapter 20 of Federal Way City Code,
Chapter 58.17 RCW, and all other applicable City codes.
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASHrNGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
Section l. Adoption of Findings of Fact and Conclusions.
l.
The findings of fact and conclusions of the Land Use Hearing Examiner's February I,
2005 Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are
hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to
be a conclusion, and any conclusion deemed to be a finding, shall be treated as such.
2.
Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing
Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision
makes appropriate provisions for the 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
waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are
required by City code and state law, and provides for sidewalks and other planning features to assure safe
walking conditions for students who walk to and from schooL
Res. #
EXHIBIT
PAGE 2-
, Page 2
F
OF~
3.
The public use and interest will be served by the preliminary plat approval granted
herein.
Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use
Hearing Examiner and findings and conclusions contained therein as adopted by the City Council
immediately above, the Ming Court preliminary plat, Federal Way File No. 00-102793-00-SU, is hereby
approved, subject to conditions as contained in the February 1,2005, Report and Recommendation of the
Federal Way Land Use Hearing Examiner (Exhibit A).
Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are
all integral to each other with respect to the City Council finding that the public use and interest will be
served by the platting or subdivision of the subject property. Should any court having jurisdiction over the
subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat
approval granted in this resolution shall be deemed yoid, and the preliminary plat shall be remanded to the
City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or
conditions and conduct such additional proceedings as are necessary to assure that the proposed plat
makes appropriate provisions for the public health, safety, and general welfare and other factors as
required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such
recommendation to the City Council for further action.
Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause,
. or phrase of this resolution.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the
resolution is hereby ratified and affinned.
Section 6. Effective Date. This resolution shall be effective immediately upon passage by the
Federal Way City Council.
Res. #
. Page 3
EXHIBIT f=
PAGE~_OF ~
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS - DAY
,2005.
OF
CITY OF FEDERAL WAY
MAYOR, DEAN MCCOLGAN
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
ApPROVED As To FORM:
CITY ATTORNEY, PATRICIAA. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED By THE CITY COUNCIL:
RESOLUTION NO.
. Page 4
EXHIBIT f
PAGE---t-OF ~
Res. #
....................................................
..............................................................
..~~~:X~ )
MEETING DATE: March 15,2005
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Campus Crest Preliminary Plat and Concomitant Agreement
File No's. 03-1O4293-00-SU and 03-1O4311-00-UP
CATEGORY:
BUDGET IMPACT:
k8J CONSENT
~ RESOLUTION
D CITY COUNCIL BUSINESS
D ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$0
$0
$none
............................... .....................-.-.....-...................--.........................................................-...................................................-............................. ....................""""""
....................-.....---.....-...-..-.......-..-.....................
ATTACHMENTS: February 22,2005, memorandum from Jim Harris, Senior Planner to City
Council/Land Use/Transportation Committee (LUTC), with attachments including Hearing Examiner
Preliminary Plat Report and Recommendation, and Hearing Examiner Concomitant Agreement Report and
Recommendation, and draft preliminary plat and Concomitant Agreement resolution.
........-....................... ................-........-.-...........---..... .......-.--.--..-.......
"""'."'.-.....""'-""'"
...................-..-............-............-............-....... .......-....-...-...-.....................-.........-.....
SUMMARYIBACKGROUND: The applicant requests approval of a 114-10t residential subdivision, and
approval of a concomitant agreement as provided for under Federal Way City Code (FWCC) Chapters 20
and 22, "Subdivisions" and "Zoning" subject to City Council approval.
.........-............-....... .......-....-..-...--...--....-.....-........-......-.-....-..-..--.........-..........-...-.........-..........-........--............--.....-.......-...-...........
.......-..........-.....-............-..............-...............---...........-.......-----..-.......-.....""'-"".'..-..',-""",-"""""
CITY COUNCIL COMMITTEE RECOMMENDATION: On Froruary 28,2005, the LUTC passed a
recommendation for conditional approval of the Campus Crest preliminary plat application and
Concomitant Agreement to the full City Council. The City Council resolution provides findings to support
approval of the preliminary plat and Concomitant Agreement.
-..""-"..""......'--..'-"'-".."-"'.."..'.."""'-'.""'-"..-""-""'"
.."",-..-"..'..""'..-...........-'.........-......
""""'-"'....-..............-..............-..-.-.--....--.........................-.....--.....--..-.-....-.-......................................--.....-.-.--......-.-...-........-.......-...........-
PROPOSED MOTION: "I move approval of the LUTC recommended resolution, approving the
Campus Crest preliminary plat and Concomitant Agreement, based on the findings and conclusions in the
February 8, 2005 Hearing Examiner Preliminary Plat Report and Recommendation, and February 8,2005
Hearing Examiner Concomitant Agreement Report and Recommendation."
"-"""-"""..""""""""'-"."-"-'-'..-"-"""'-"""'--""'-'-""""......-.-..-....-.......-......-........-............-.......-............-....................""""""""""""""'-"-'-'--'-""-'-'-""'-""""""'-'---"'---..'_....... """-"""'--"'-""..'--.""--"""--'-""'-""....'-"-"""-"""""'"'-.."'---"'.----'-""-'
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 #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
To:
Jack Dovey, Chair
Land UselTransportation Committee
FROM:
Jim Harris, Senior Plann~ ~,
David Moseley, City M~
Campus Crest prelimi:ary Jrt ~d Concomitant Agreement
Application No. 03-1 04293-00-SU and 03-1 04311-00-UP
VIA:
RE:
DATE:
February 22, 2005
I.
REQUESTED ACTION
The applicant requests approval of a preliminary plat application and revision of a Concomitant
Zoning Agreement.
II.
STAFF RECOMMENDATION
Staff recommends the Land Use/Transportation Committee forward to the City Council a
recommendation approving the Campus Crest preliminary plat with conditions, and approval of the
Campus Crest Concomitant Zoning Agreement based on the findings and conclusions in the February
8,2005 Reports and Recommendations, by the Federal Way Hearing Examiner.
III. SUMMARY OF ApPLICATIONS
The applicant requests approval of a 114-1ot residential preliminary plat, as provided for under
Federal Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval.
The applicant also requests to modify the terms and conditions of a 1990 Concomitant Zoning
Agreement as amended, applicable to the 22.4-acre Campus Crest site. The current Concomitant
Zoning Agreement allows only townhome/condominium development on the site. The proposed
concomitant agreement amendment would allow the subject property to be developed with a single-
family residential plat. In addition, the applicant requests to modify the terms of the 1990 agreement
in regard to the status of the building permit application, landscape standards abutting single-family
zoning, building setbacks along Campus Drive, required improvements to Campus Drive, building
height, maximum density of 233 units, phased construction, and 10th Avenue corridor dedication and
improvement.
IV. REASON FOR COUNCIL ACTION
Pursuant to FWCC Chapter 20, "Subdivisions," the City Council issues a final decision on the
preliminary plat application at a public meeting, after review of the Hearing Examiner's
recommendation. Consistent with City procedures, preliminary plat applications are brought to the
Land Use/Transportation Committee for review and recommendation prior to review by the full
Council.
Pursuant to Section 8 of the 1990 Concomitant Agreement and Section 22-488 et al of FWCC, the
City Council issues a final decision on the Concomitant Zoning Agreement at a public meeting, after
review of the Hearing Examiner's recommendation. The concomitant agreement as proposed allows
the subject property to be developed in confonnance with the proposed preliminary plat application.
V.
HEARING EXAMINER'S RECOMMENDATIONS
On February 8,2005, the Federal Way Hearing Examiner issued a Report and Recommendation
(Exhibit A) to approve the proposed preliminary plat. The Examiner also issued a Report and
Recommendation on February 8, 2005, to approve the Concomitant Zoning Agreement for the subject
property (Exhibit B). The Hearing Examiner's recommendations include all conditions recommended
by staff. The Examiner's recommendations on the preliminary plat and concomitant agreement were
issued following consideration of a staff report for the preliminary plat (Exhibit C), and staff report
for the concomitant agreement (Exhibit D), and testimony presented at the January 25, 2005 public
hearing. The Hearing Examiner has recommended approval of the concomitant agreement and
approval of the preliminary plat, subject to the following conditions:
1.
2.
The Campus Crest preliminary plat shall not be deemed approved unless the proposed Campus
Crest Concomitant Agreement is concurrently approved, and allows the site to be developed
with single-family housing.
Prior to proceeding with plat infrastructure construction, the applicant shall provide a revised
landscape plan that includes the following landscaping to be approved by the City:
a.
Arterial buffer landscaping in Tracts F and G per FWCC Section 20-178 and in compliance
with the accompanying concomitant agreement. In order to insure the 10ng-tenn viability
and maintenance of the landscape screen in Tracts F and G, irrigation of these landscape
areas is required. The applicant shall coordinate the landscape plan in Tract F and G with
Lakehaven Utility District, and provide written approval of the plan from Lakehaven in
respect to potential conflict with Lakehaven Utilities located within these tracts;
b.
Landscaping adjacent to retaining walls in Tracts F, G, and H shall be an appropriate type,
size, and density to provide visual separation and screening of the walls, and provide a
visual enhancement to the site;
c.
Street trees in right-of-way landscape planter strips per Public Works Department
Standards;
d.
Landscaping of Tract M adjacent to Road B shall be planted with Type III landscaping
including trees, shrubs, and groundcover, to provide a visual separation between the public
right-of-way and the proposed stonnwater facilities. This landscape tract shall be owned
and maintained by the homeowners' association. If cyclone fencing is used around the
stonn drainage ponds, the fencing shall be coated black or green;
e. Significant tree replacement in accordance with FWCC requirements.
Campus Crest Preliminary Plat and Concomitant Agreement File #03-104293/ Doc. I.D. 30329
Land Useffransportation Committee Memo Page 2
3.
Prior to approval of engineering construction plans, the applicant shall provide the City a
significant tree survey based on an acceptable statistical forestry sampling methodology to
accurately determine the number of significant trees on the site. The applicant shall also provide
a significant tree replacement plan, to replace at least 25 percent of the significant trees removed
from the site. Pursuant to FWCC Section 20-186, areas of the plat where significant trees are
removed for subdivision improvements (infrastructure) are not subject to significant tree
replacement. The significant tree replacement plan shall be approved by the Department of
Community Development Services prior to engineering plan approval. The replacement trees
shall be planted by the applicant and inspected by the Department of Community Development
Services prior to final plat approval.
4.
Design and construction of the project shall comply with all requirements and recommendations
of the project geotechnical engineer.
5.
Prior to final plat approval, the applicant shall provide a paved trail connecting Tract D to the
adjacent BP A Trail. The plan for the trail connection shall be reviewed and approved by the
Public Works and PARCS Departments in conjunction with engineering plan review.
6.
On the final plat map, Tract M shall be revised to include any proposed retaining walls within
the south side of Tract H. The retaining walls, if included in the plat construction, shall be
owned and maintained by the future homeowners' association.
7.
Prior to approval of construction plans, the applicant shall provide written correspondence from
the Federal Way Public School District regarding the Districts' commitment to eliminating an
existing easement on the site. Prior to final plat approval, the applicant shall document to the
City that the existing school district easement has been extinguished.
8.
If included in the final engineering design, retaining walls and rockeries on individual lots shall
be harmonious with the residential use of the site and shall promote residential design themes
through such means as terracing, orientation, natural material selection, use of vegetation
screening, and textural treatment to be designed by the applicant and approved by the
Community Development Services Department.
Due to the proximity to Campus Drive and the potential aesthetic impact from large untreated
walls, retaining walls shall be a maximum height of four feet within Tract G, and a maximum
height of nine feet of exposed surface above grade in Tract M. Any walls in Tract M shall
include but are not limited to the following design features: horizontal and vertical undulation,
terracing with a minimum width of six feet between terraces to allow a safe area for
maintenance; landscape screening; and wall texturing.
9.
Prior to final plat approval, as required by Metro, the applicant shall design and construct a bus
stop shelter footing and bus stop landing in accordance with King County Metro standards for
the site frontage along SW Campus Drive. Prior to construction, the applicant shall provide
approval of the landing design and location from Metro. Due to other development in the area of
the site, Metro may determine the site frontage is not the appropriate location for a future bus
stop, and these improvements would not be required if so determined by Metro.
10. Improvements for the project include the off-site connection of Road D to the 10th Avenue SW
stub in Campus Highlands. Design and construction ofthe extension shall meet applicable City
standards and be reviewed by Bonneville Power Administration. The design and construction of
lOth Avenue SW shall include a raised crossing per City standards at the BP A Trail for safety
purposes.
Campus Crest Preliminary Plat and Concomitant Agreement
Land Useffransportation Committee Memo
File #03-104293/ Doc. J.D. 30329
Page 3
II. On the final plat map, roadway "0" and a portion of road "C", from the existing terminus of loth
Avenue SW in Campus Highlands extending to the point where Road 0 (and portion of Road C)
connects to 12th Avenue SW, shall be revised to be a 56-foot wide right-of-way, with a 36-foot
paved roadway, and two-foot utility easements on either side (Roadway Section'S' - Minor
Collector). The street connection to 12th Avenue SW shall be as shown on the plans, or modified
to connect at 12th Avenue SWat SW 343rd Place. Final road alignment will be determined
during engineering plan review.
Tracts A and B, as shown on the plans, may be eliminated or revised upon final road alignment.
VI. PROCEDURAL SUMMARY
September 18, 2003
November 7, 2003
Noyember 15,2003
Date of application for 114-lot Campus Crest preliminary plat and
Concomitant Agreement
Date application determined complete
Public notice of application issued
January 25, 2005
September 29,2004 Enyironmental determination issued
February 8, 2005
February 28, 2005
VII. DECISIONAL CRITERIA
Hearing Examiner Public Hearing
(Pursuant to FWCC Section 22-126, the Hearing Examiner issues a
recommendation to the City Council.)
Hearing Examiner issues recommendation of conditional approval of
preliminary plat and approval of Concomitant Zoning Agreement to
the City Council
City Council Land Use/Transportation Committee meeting
(This committee forwards a recommendation to the full Council for a decision
at a public meeting [see Section VIII, below].)
The decisional criteria for the preliminary plat is set forth in FWCC Section 20-127, and findings and
conclusions that the application is consistent with these decisional criteria are set forth in the Hearing
Examiner's report and recommendation.
The decisional criteria for the concomitant agreement is set forth in FWCC Section 22-489, and
findings and conclusions that the application is consistent with these decisional criteria are set forth in
the Hearing Examiner's report and recommendation.
VIII. COUNCIL OPTIONS
The Federal Way City Council's review of the application is limited to the record of the hearing
before the Hearing Examiner, oral comments received during the public meeting (so long as those
comments do not raise new issues or information contained in the Examiner's record), and the
Examiner's written report. The City Council may receive new information not in the record pursuant
to FWCC Sections 20-127(b) and 22-489(c).
Campus Crest Preliminary Plat and Concomitant Agreement
Land Userrransportation Committee Memo
File #03-104293 I Doc. LD. 30329
Page 4
A draft resolution recommending approval of the proposed Concomitant Zoning Agreement and
preliminary plat application as recommended by the Hearing Examiner is enclosed (Exhibit E). After
consideration of the record, the City Council may, by action approved by a majority of the total
membership, take one of the following actions, pursuant to FWCC Section 20-127 and 22-489(c):
1.
Adopt the Hearing Examiner's recommendations and approve the Concomitant Zoning
Agreement and preliminary plat; or
2.
Reject the recommendation and deny the Concomitant Zoning Agreement and
preliminary plat; or
3.
Remand the preliminary plat and Concomitant Zoning Agreement back to the Hearing
Examiner pursuant to FWCC Section 20-127(b); or
4.
Adopt their own recommendations approving the Concomitant Zoning Agreement and
require or approve a minor modification to the preliminary plat pursuant to FWCC
Section 20-127(d).
IX. COMMITTEE RECOMMENDATION
Forward option - to the full City Council for approval on March 15,2005.
EXHIBITS
Er;;d!~
A.
B.
C.
D.
Hearing Examiner Preliminary Plat Report and Recommendation, February 8, 2005
Hearing Examiner Concomitant Agreement Report and Recommendation, February 8, 2005
Campus Crest Preliminary Plat Staff Report to Hearing Examiner, January 17, 2005*
Campus Crest (Parcel 7) Concomitant Agreement Staff Report to Hearing Examiner, January 17,
2005*
City Council Draft Resolution for Campus Crest Preliminary Plat and Concomitant Agreement
Approval
Concomitant Agreement for Development of Campus Crest Property (Parcel 7)
Preliminary Plat Maps for Campus Crest
E.
F.
G.
* Copies of all exhibits to the staff reports are not attached to this memo. A copy of these exhibits is in a
notebook in the City Council Conference Room or is available from City staff.
File #03-104293 / Doc.I.D. 30329
Page 5
Campus Crest Preliminary Plat and Concomitant Agreement
Land Userrransportation Committee Memo
Page - I
CITY HALL
33325 8th Avenue South. PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffederalway.com
~ CITY OF
-'1"~' Federal Way
February 8, 2005
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Mr. Michael Walsh
Campus Crest LLC
825 Fifth Avenue, Ste. 202
Kirkland, WA 98033
RE:
CAMPUS CREST PRELIMINARY PLAT
FWHE#05-02 RELATED FILE NO. 03-1 04293-00-SU
Dear Applicant:
Enclosed please find the Report and Recommendation of the City of Federal Way Hearing
Examiner relating to the above-entitled case.
Very truly yours,
'lhIÆ1
MARK E. HURDELBRINK
DEPUTY HEARING EXAMINER
MEH/ca
cc:
All parties of record
City of Federal Way
EXHIBIT H
PAGE _L-OF JL
Page - 2
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CITY OF FEDERAL WAY
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OFFICE OF THE HEARING EXAMINER~__- .<. .
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IN THE MATTER OF: )
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FWHE# 05-02
FW# 03-1 04293-00-SU
CAMPUS CREST PRELIMINARY PLAT
I. SUMMARY OF APPLICATION
The applicant is requesting preliminary plat approval of a 114 lot residential subdivision as
provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," and
requiring approval pursuant to FWCC 20-100.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
January 25, 2005
February 8, 2005
At the hearing the following presented testimony and evidence:
1.
2.
Jim Harris, Senior Planner, City of Federal Way
Katherine ami, Triad Associates 11814 -115th Avenue NE, Kirkland, WA
98034
At the hearing the following exhibits were admitted as part of the official record of these
proceedings: .
1.
2.
Staff Report with all attachme~ts .
Power Point Presentation (hard copy)
III. FINDINGS
1.
The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, viewed the site and taken this matter under advisement.
2.
The Community Development Staff Report sets forth general findings, applicable
EXHIBIT J
PAGE :1 .OF~-
Page - 3
policies and provisions in this matter and is hereby marked as Exhibit "1" with
attachments and hereby incorporated in its entirety by this reference.
3.
All appropriate notices were delivered in accordance with the requirements of the
Federal Way City Code (FWCC).
4.
The applicant has a possessory ownership interest in a triangular, unimproved,
22.4 acre site consisting of two parcels within the southcentral portion of the City
of Federal Way. SW Campus Drive abuts the north property line and previously
approved subdivisions the west property line. The Bonneville Power
Administration (BPA) transmission line easement abuts the southeast property
line which serves as the hypotenuse of the triangle. The applicant requests
preliminary plat approval to allow subdivision of the site into 114 single family
residential lots. In addition to preliminary plat approval, the applicant requests an
amendment to the concomitant zoning agreement dated February 27,1990,
which covers the site.
5.
The preliminary plat map shows access provided onto SW Campus Drive near
the center of the north property line and a second access extending southeast
from the southwest corner of the plat, crossing the BP A easement, and
connecting with 10th Avenue SW in the Campus Highlands Division II
subdivision. A third access extends west near the center of the west property line
and intersects with an off-site, internal plat road. Roads circulate through the site
to provide access to all lots, and four recreational tracts are spread throughout
the site. The subdivision will also provide a connection to the trail within the BPA
easement.
6.
The site is located within the Residential Multi-Family (RM 3,600) zone
classification of the Federal Way City Code (FWCC). The RM 3,600 classification
authorizes minimum lot areas of 3,600 square feet subject to a concomitant
agreement. The applicant proposes a minimum 5,000 square foot lot size which
exceeds the minimum authorized by the RM 3,600 classification. Abutting uses
include single family and multi-family development located in the RM 2,400 and
RS 7.2 zone classifications.
7.
Lot sizes range between 5,000 square feet and 9,212 square feet and most are
of rectangular shape. All lots provide a reasonable building envelope considering
setbacks.
8.
Chapter 20 FWCC requires dedication of 15% of the project site as open space.
EXHIBIT A
PAGE3-0F JL
Page - 4
9.
However, Section 20-155(b) authorizes the applicant to propose and the City
PARCS Director to receive a fee in lieu of payment for the portion of the 15% not
provided. The plat provides approximately 3.9% usable and buffer open space,
and thus the applicant must pay an open space fee in the amount of
approximately 11.1 % of the gross land value. The PARCS Director has agreed-
to accept such payment in lieu.
The applicant has requested to clear and grade the entire 22 acre site to include
all proposed lots in conjunction with grading of infrastructure. The applicant has
justified the request due to the unique topography of the site, the design of the
streets generally parallel to the contours of the site, the ability to reduce erosion,
and the ability to preserve only minimal amounts of vegetation in a phased
grading plan. Due to the topography, the grading plan shows retaining walls on
three sides of the stormwater drainage facility (Tract H) located adjacent to SW
Campus Drive. Retaining walls extend to 20 feet in height and the applicant will
construct such walls in a manner to minimize potential aesthetic impacts. The
applicant proposes to undulate and terrace the walls, treat the walls
architecturally, and provide landscaping. Retaining walls in Tract G will consists
of smaller walls in accordance with a conceptual pond landscape plan approved
by the City.
10.
The applicant commissioned the Transpo Group, a qualified traffic engineering
firm, to prepare a Traffic Impact Analysis (TIA) to assess impacts of subdivision
traffic on city streets and intersections. The City's Traffic Division reviewed and
accepted the July, 2004, revised TIA which proposes three accesses, a looped
interior street network, and one permanent cul-de-sac. The applicant will design
and construct all street improvements in accordance with FWCC standards. The
applicant must improve the frontage of 12th Avenue SW along the west property
line to City Standard Cross M Section which includes a six foot wide landscape
strip with street trees and streetlights, an eight foot wide sidewalk, and three foot
wide utility strip. The applicant must dedicate 14 feet of right-of-way to complete
these improvements. As previously found, Campus Drive abuts the north
property line and the City classifies said road as a principal arterial.
Improvements to Campus Drive will include additional asphalt paving to create a
64 foot wide, paved roadway, concrete curbs and gutters, six foot planter strip
with trees and streetlights, eight foot sidewalk, and three foot utility strip.
Roadway tapers and transitions at each end will assure safe transition between
. the existing roadway width and proposed improvements. Said improvements will
require a dedication of seven feet for the Campus Drive right-of-way. Road "on
which will connect to 10th Avenue SW in Campus Highlands will meet the Minor
EXHIBIT A
PAGE~OF --1L
Page - 5
11.
12.
13.
14.
15.
Collector Street Section which includes 36 feet of pavement with vertical curb
and gutter, four foot planter strips with street trees, five foot sidewalks, and one
foot utility strips within a 56 foot wide, dedicated right-of-way. The internal plat
roads will meet the local Street Section to include 28 feet of pavement with
vertical curb and gutter, four foot planter strips with street trees, five foot
sidewalks, and three foot utility strips with streetlights within a 52 foot wide right-
of-way. Private access tracts will consist of 24 feet of pavement, five foot wide
sidewalks, and two foot utility strips.
The applicant will also provide off-site mitigation in accordance with mitigating
measures set forth in the MONS. The applicant will make a pro rata payment of
$202,301 for improvements to the intersection of Campus Drive and 10th Avenue
SW. Metro Transit has not has yet determined the necessity of improvements on
Campus Drive. .
The site is located within the boundaries of the Federal Way School District
which has determined that school aged children residing in the plat will attend
Sherwood Forest Elementary, Saghlie Junior High, and Decatur High School.
Students will walk to the elementary and junior high school, but will ride school
buses to Decatur High School. The applicant must comply with the City School
Impact Fee Ordinance and make a payment of $2,868 per lot plus a $143.50
administrative fee per lot.
The lakehaven Utility District will provide potable water and fire flow to the site
and sanitary sewer service to each lot.
The applicant will design all storm drainage facilities in accordance with the
criteria set forth in the 1998 King County Surfacewater Design Manual and the
City's amendments thereto. The applicant must install level 1 flow control and
resource stream water quality treatment in accordance with the manual. The site
lies within the Panther lake drainage basin and the applicant may provide either
on-site flow control to the level 1 flow control standard or pay for off-site
detention in Panther lake. The applicant has preliminarily chosen to pay for off-
site detention. The storm drainage plans show a two facility treatment train to
provide water quality treatment in accordance with the resource stream
protection requirement. During construction the applicant will provide erosion and
sediment control measures and may be limited to grading and clearing during the
winter months.
According to a geotechnical engineering investigation performed by Krazan and
EXH I BIT A
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Page - 6
Associates, Inc., the soils are capable of supporting urban development and
have a slow to medium runoff rate and moderate erosion hazard. Vegetation on
the site consists of heavy second growth forest with a mixture of conifer and
broad leaf deciduous trees and dense understory of native shrubs. The applicant
retained Triad Associates to prepare a tree retention plan. Said plan identifies a
total of 1,707 significant trees. Section 20-179 FWCC requires the retention of
natural vegetation on the site except that removed for improvements or grading.
The applicant has requested to remove all trees on the site and must therefore
meet the significant tree removal and replacement criteria. No wetlands exist on
the site.
16.
Prior to obtaining preliminary plat approval the applicant must establish that the
request satisfies the criteria set forth in Section 20-126(c)FWCC. Findings on
each criteria are hereby made as follows:
A.
The project is consistent with the 2002 Federal Way Comprehensive Plan
which designates the property for multi-family development. The proposed
single family land use meets the minimum lot sizes required in the
applicable multi-family zone classification.
B.
The project is consistent with all applicable provisions of the FWCC
including those adopted by reference from the comprehensive plan. The
preliminary plat must comply with the provisions of FWCC Chapter 18
Environmental Policy; Chapter 20 Subdivisions; Chapter 22 Zoning; and
all other applicable codes and regulations. The proposed preliminary plat
will meet the requirements of the proposed concomitant agreement for the
site, but does not meet the requirements of the effective 1990 agreement.
Therefore, for the plat to proceed the City must approve the revised
concomitant agreement.
C.
The project is consistent with the public health, safety, and welfare. All
public facilities and services are available to serve the site and all
infrastructure will meet City standards.
D.
The proposed preliminary plat complies with the design criteria listed in
Section 20-2 FWCC. The plat provides an effective use of the land,
promotes safe and convenient travel on streets, and provides for housing
needs of the community.
E.
As previously found, the project complies with the development standards
EXHIBIT A
PAGE~OF --'.L
Page - 7
listed in Sections 20-151-157 and Sections 158-187 FWCC.
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 applicant has established that the proposed preliminary plat makes appropriate
provision for the public health, safety, and general welfare for open spaces,
drainage ways, streets, roads, alleys, other public ways, sanitary waste, potable
water supplies, transit stops, schools and school grounds, parks and recreation and
playgrounds, and safe walking conditions.
3.
The applicant has also shown that the preliminary plat satisfies all criteria set forth
in Section 20-126(C) FWCC and therefore should be approved subject to the
following conditions:
1.
The Campus Crest preliminary plat shall not be deemed approved unless
the proposed Campus Crest Concomitant Agreement is concurrently
approved, and allows the site to be developed with single-family housing.
2.
Prior to proceeding with plat infrastructure construction, the applicant shall
provide a revised landscape plan that includes the following landscaping
to be approved by the City:
a.
Arterial buffer landscaping in Tracts F and G per FWCC Section
20-178 and in compliance with the accompanying Concomitant
Agreement. In order to insure the long-term viability and
maintenance of the landscape screen in Tracts F and G, irrigation
of these landscape areas is required. The applicant shall
coordinate the landscape plan in Tract F and G with lakehaven
Utility District, and provide written approval of the plan from
lakehaven in respect to potential conflict with lakehaven Utilities
located within these tracts;
b.
landscaping adjacent to retaining walls in Tracts F, G, and H shall
be an appropriate type, size, and density to provide visual
separation and screening of the walls, and provide a visual
EXHIBIT ð
PAGE -+_OF --12-
Page - 8
enhancement to the site;
c.
Street trees in right-or-way landscape planter strips per Public
Works Department Standards;
d.
Landscaping ot Tract M adjacent to Road B shall be planted with
Type III landscaping including trees, shrubs, and groundcover, to
provide a visual separation between the public right-of-way and the
proposed stormwater facilities. This landscape tract shall be owned
and maintained by the homeowners' association. If cyclone fencing
is used around the storm drainage ponds, the fencing shall be
coated black or green;
e.
Significant tree replacement in accordance with FWCC
requirements.
3.
Prior to approval of engineering construction plans, the applicant shall
provide the City a significant tree survey based on an acceptable
statistical forestry sampling methodology to accurately determine the
number of significant trees on the site. The applicant shall also provide a
significant tree replacement plan, to replace at least 25 percent of the
significant trees removed from the site. Pursuant to FWCC Section 20-
186, areas ot the plat where significant trees are removed for subdivision
improvements (infrastructure) are not subject to significant tree
replacement. The significant tree replacement plan shall be approved by
the Department of Community Development Services prior to engineering
plan approval. The replacement trees shall be planted by the applicant
and inspected by the Department of Community Development Services
prior to final plat approval.
4.
Design and construction of the project shall comply with all requirements
and recommendations of the project geotechnical engineer.
5.
Prior to final plat approval, the applicant shall provide a paved trail
connecting Tract D to the adjacent BPA Trail. The plan for the trail
connection shall be reviewed and approved by the Public Works and
PARCS Departments in conjunction with engineering plan review.
6.
On the final plat map, Tract M shall be revised to include any proposed
retaining walls within the south side of Tract H. The retaining walls, if
EXH I B IT --A-
PAGE-X-OF A-
Page - 9
7.
included in the plat construction, shall be owned and maintained by the
future homeowners' association.
Prior to approval of construction plans, the applicant shall provide written
correspondence from the Federal Way Public School District regarding
the Districts' commitment to eliminating an existing easement on the site.
Prior to final plat approval, the applicant shall document to the City that
the existing school district easement has been extinguished.
8.
If included in the final engineering design, retaining walls and rockeries on
individual lots shall be harmonious with the residential use of the site and
shall promote residèntial design themes through such means as terracing,
orientation, natural material selection, use of vegetation screening, and
textural treatment to be designed by the applicant and approved by the
Community Development Services Department.
Due to the proximity to Campus Drive and the potential aesthetic impact
from large untreated walls, retaining walls shall be a maximum height of
four feet within Tract G, and a maximum height of nine feet of exposed
surface above grade in Tract M. Any walls in Tract M shall include but are
not limited to the following design features: horizontal and vertical
undulation, terracing with a minimum width of six feet between terraces to
allow a safe area for maintenance; landscape screening; and wall
texturing.
9.
Prior to final plat approval, as required by Metro, the applicant shall design
and construct a bus stop shelter footing and bus stop landing in
accordance with King County Metro standards for the site frontage along
SW Campus Drive. Prior to construction, the applicant shall provide
approval of the landing design and location from Metro. Due to other
development in the area of the site, Metro may determine the site frontage
is not the appropriate location for a future bus stop, and these
improvements would not be required if so determined by Metro.
10.
Improvements for the project include the off-site connection of Road D to
the 10th Avenue SW stub in Campus Highlands. Design and construction
of the extension shall meet applicable City standards and be reviewed by
Bonneville Power Administration. The design and construction of 10th
Avenue SW shall include a raised crossing per City standards at the BPA
Trail for safety purposes.
EXHIBIT A
PAGE ~OF ~-
Page - 10
11.
On the final plat map, roadway "D"and a portion of road "C", from the
existing terminus of 10th Avenue SW in Campus Highlands extending to
the point where Road D (and portion of Road C) connects to 12th Avenue
SW, shall be revised to be a 56-foot wjde right-of-way, with a 36-foot
paved roadway, and two-foot utility easements on either side (Roadway
Section'S' - Minor Collector). The street connection to 12th Avenue SW
shall be as shown on the plans, or modified to connect at 12th Avenue SW
at SW 343rd Place. Final road alignment will be determined during
engineering plan review.
Tracts A and B, as shown on the plans, may be eliminated or revised upon
final road alignment.
RECOMMENDA TION:
It is hereby recommended to the Federal Way City Council that the preliminary plat
Campus Crest be approved subject to the conditions contained in the conclusions
above.
DATED THIS 8th DAY OF February, 2005.
1Jt11f;1
MARK E. HURDELBRINK
Deputy Hearing Examiner
TRANSMITTED THIS 8th DAY OF February, 2005, to the following:
APPLICANT:
Mr. Michael Walsh
Campus Crest LLC
825 Fifth Avenue, Ste. 202
Kirkland, WA 98033
ENGINEER:
Mr. Roy Lewis, P.E.
Triad Associates
11814 -115th Avenue NE
Kirkland, WA 98034-6923
EXHIBIT A
PAGE-L/LOF -12-
Page- 11
OWNER:
Klak Federal Way LLC
500 Shokie Blvd. #444
North Brook, IL 60062
OTHERS:
Kevin L. Jones, P.E.
11730 - 118th Avenue NE, Ste. 600
Kirkland, WA 98034
Rich Stohr
Centex Homes
11241 Slater Avenue NE #100
Kirkland, WA 98033
Katherine Omi
11814 -115th Avenue NE
Kirkland, WA 98034
City of Federal Way
cIa Chris Green
P.O. Box 9718
Federal Way, WA 98063-9718
EXHIBIT A .
PAGE-ILOF -1L-
. . .. .
Page - 12
CITY COUNCIL REVIEW, ACTION
Pursuant to Section 20-127, following receipt of the final report and recommendation of the
hearing examiner, a date shall be set for a public meeting before the city council.
The city council review of the preliminary plat application shall be limited to the record of the
hearing before the hearing examiner, oral comments received during the public meeting (so
long as those comments do not raise new issues or information not contained in the examiner's
record) and the hearing examiner's written report. These materials shall be reviewed for
compliance with decisional criteria set forth in section 20-126. The city council may receive
new evidence or information not contained in the record of hearing before the hearing
examiner, but only if that evidence or information: (i) relates to the validity of the hearing
examiner's decision at the time it was made and the party offering the new evidence did not
know and was under no duty to discover or could not reasonably have discovered the evidence
until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or
omitted the evidence from the record. If the city council concludes, based on a challenge to the
hearing examiner recommendation or its own review of the recommendation, that the record
compiled by the hearing examiner is incomplete or not adequate to allow the city council to
make a decision on the application, the city council may by motion remand the matter to the
hearing examiner with the direction to reopen the hearing and provide supplementary findings
and/or conclusions on the matter or matters specified in the motion.
After considering the recommendation of the hearing examiner, the city council may adopt or
reject the hearing examiner's recommendations based on the record established at the public
hearing. If, after considering the matter at a public meeting, the city council deems a change in
the hearing examiner's recommendation approving or disapproving the preliminary plat is
necessary, the city council shall adopt its own recommendations and approve or disapprove the
preliminary plat.
As part of the final review, the city council may require or approve a minor modification to the
preliminary plat if:
(d)
The change will not have the effect of increasing the residential density of the plat;
The change will not result in the relocation of any access point to an exterior street from
the plat;
The change will not result in any loss of open space or buffering provided in the plat;
and
The city determines that the change will not increase any adverse impacts or
undesirable effects of the project and that the change does not significantly alter the
project. .
(a)
(b)
(c)
EXHIBIT ~
PAGE-A-OF :.11-
.... CITY OF
~ Federal Way
Page - 1
CITY HALL
33325 8th Avenue South. PO Box 9718
FederalVVay, VVA 98063-9718
(253) 835-7000
www.cityoffederalway.com
February 8,-2005
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Mr. Michael Walsh
Campus Crest LLC
825 Fifth Avenue, Ste. 202
Kirkland, WA 98033
RE:
CONCOMITANT AGREEMENT FOR CAMPUS CREST FWHE #05-02, FILE NO.
03-104311-0Q-UP
Dear Applicant:
Enclosed please find the Report and Recommendation of the City of Federal Way Hearing
Examiner relating to the above-entitled case.
Very truly yours,
%Ø
MARK E. HURDELBRINK
DEPUTY HEARING EXAMINER
MEH/ca
cc:
All parties of record
City of Federal Way
EXHIBIT ---L-
PAGE--1-0F 1-
Page - 2
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:Ii FES 9 2005 j;'¡J; /
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CITY OF FEDERAL WAY
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OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
)
)
)
)
)
)
)
FWHE# 05-02
FW# 03-104311-00-UP
CAMPUS CREST CONCOMITANT
AGREEMENT
I. SUMMARY OF APPLICATION
The applicant is requesting modification of a February 27, 1990, Concomitant
Zoning Agreement (CZA) as amended by City Council resolution 93-144. The CZA as
amends pertains to a 22-acre parcel located at approximately the 700 block of SW Campus
Drive. Pursuant to Section 8 of the 1990 agreement, amendment of the existing
agreement shall be processed in the same manner as a rezone of property.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
January 25, 2005
February 8, 2005
At the hearing the following presented testimony and evidence:
1.
2.
Jim Harris, Senior Planner, City of Federal Way
Katherine Omi, Triad Associates 11814 - 115th Avenue NE, Kirkland, WA
98034
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
2.
Staff Report with all attachments
Power Point Presentation (hard copy)
III. FINDINGS
1.
On February 27, 1990, the City of Federal Way, Polygon 2000, Inc., and the
EX.HIBIT ~
PAGE :1 OF-X-
Page - 3
Quadrant Corporation entered into a concomitant agreement establishing the
zoning and methods of resolving potential disagreements with respect to vesting
rights as well as the applicability of King County or City of Federal Way regulations
with regard to two parcels of property presently owned by the applicant. In 1993 the
parties agreed to amend the concomitant agreement which the City Council fonnerly
adopted in Resolution No. 93-144 on June 15, 1993. The City Council again
amended the concomitant agreement in 1997 by approving a golf driving range on
the subject site. However, such improvement was never constructed and the
agreement pennitting the driving range expired. Therefore, the property was once
again subject to the original 1 990 agreement as amended in 1993.
2.
On April 21, 2004, the applicant submitted a written request to amend the
1990/1993 concomitant agreement which to development of the site with single
family residential homes. Changes to the agreement include elimination of a
provision requiring development of the site exclusively with townhomel
condominium type units sold in a condominium format and replacement with a
provision allowing single family residential homes. Other changes proposed include
the following:
A.
Elimination of the reference to a 1989 building permit application filed with
King County.
B.
Elimination of the required 60 foot wide landscape buffer and solid board
fence adjacent to single family housing.
C.
Reduction of the 60 foot wide building setback requirement along Campus
Drive with a buffer which averages 45 feet in width.
D.
Dedication of seven feet of right-ot-way for Campus Drive and specifications
for its construction.
E.
Elimination of the maximum 30 foot building height as the Federal Way City
Code (FWCC) regulates heights of structures.
F.
Replace the maximum density of 233 units on the 22.4 acre site with a
maximum of 114 single family tots.
G.
Eliminate the provision requiring phased construction of no more than 100
units per year.
EXHIBIT ---IL-
PAGE --3-0F -I-
Page - 4
H.
Clarify the dedication, funding, and construction standards for 10th/12th
Avenue SW.
3.
Section 8 of the 1990 concomitant agreement provides in part:
This agreement may be amended by the Owners by filing an
application therefore, which shall be considered and heard in the
same manner as a rezone of property... .
Article 8 FWCC provides that quasi-judicial rezones require Process V review.
Section 22-476 FWCC provides that under Process V review the Examiner holds
a public hearing and then makes a recommendation to the Federal Way City
Council which then decides upon the application. Section 22-488(c) FWCC sets
forth the decisional criteria for quasi-judicial rezones. Findings on each criteria
are hereby made as follows:
1A.
1B.
1C.
10.
The proposed amendments to the concomitant agreement are in the best
interest of the residents of the City. The site will develop in accordance
with all applicable City codes and regulations and will provide a range of
housing opportunities to include smaller lot single family as opposed to
the required townhome condominiums. Such will assist the City in meeting
its density requirements under the Growth Management Act based upon
the market for single family homes.
Changes to the concomitant agreement are appropriate because site
conditions in the vicinity have changed since the adoption of the original
agreement in 1990. The City of Federal Way developed the adjacent BPA
corridor with a multi-use, public trail and the Federal Way School District
constructed Saghlie Middle School on 16 acres near the subject property.
Included within the 16 acres is a City public park known as Saghlie Park.
The construction of the park and school have resulted in new roads and
traffic circulation changes.
The agreement is consistent with the Federal Way Comprehensive Plan
which designates the sjte for both single family and multi-family
development, and also encourages the extension of the 10th/12th Avenue
corridor.
The amendment complies with all applicable provisions including those
adopted by reference from the comprehensive plan. The City's
EXHIBIT --8-
PAGE~OF -L
Page - 5
1E.
2A.
28.
2C.
20.
2E.
Community Development Review Committee has reviewed the proposal
and determined that the revised agreement and associated preliminary
plat will comply with all applicable codes and regulations.
Approval of the amendment will further the public health, safety, and
welfare as it will allow for new single family housing opportunities.
Furthermore, the amendment will allow construction of infrastructure
which will benefit the City as a whole.
As previously found, all the criteria set forth in Subsection 1 are met.
The proposed project complies with Chapter 22 FWCC as set forth above.
The site plan consists of the proposed preliminary plat which covers the
parcel. The plat is designed to minimize all adverse impacts on developed
properties in the vicinity of the site. The preliminary plat proposes lot
sizes in excess of the minimum authorized by the RM 3,600 zone
classification and consistent with other development in the area. The
preliminary plat also provides mitigation for traffic impacts, erosion
impacts, and off-site transportation impacts.
Development of the preliminary plat will not adversely impact public
services and facilities. The Lakehaven Utility District has issued water and
sewer availability letters for the project. Furthermore, development of the
site as presently allowed would authorize a significantly higher density.
The amendment will reduce the density from 233 potential units to a
maximum of 114 units.
The rezone has merit and value for the community as a whole based upon
the provision of single family residential housing options and the
completion of the 10th/12th St. corridor.
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 applicant has established that the request to amend the concomitant zoning
EXH I B IT --L-
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"
Page - 6
agreement relating to properties known as the Campus Highlands Townhome
property satisfies all criteria set forth in Section 22-488 FWCC and therefore should
be approved.
RECOMMENDA TION:
It is hereby recommended that the City of Federal Way City Council approve the
proposed amendment to the concomitant agreement for the Campus Highland
Townhome property.
DATED THIS 8th DAY OF February, 2005.
ílU #7
MA K E. HURDELBRINK
Deputy Hearing Examiner
TRANSMITTED THIS 8th DAY OF February, 2005, to the following:
APPLICANT:
Mr. Michael Walsh
Campus Crest LLC
825 Fifth Avenue, Ste. 202
Kirkland, WA 98033
OTHERS:
Mr. Roy Lewis, P.E.
Triad Associates
11814 - 115th Avenue NE
Kirkland, WA 98034-6923
Klak Federal Way LLC
500 Shokie Blvd. #444
North Brook, IL 60062
Kevin L. Jones, P.E.
11730 - 118th Avenue NE, Ste. 600
Kirkland, WA 98034
Rich Stohr
EXHIBIT ---'L-
P AGE ---'--OF ---'-
'.
Page - 7
Centex Homes
11241 Slater Avenue NE #100
Kirkland, WA 98033
Katherine ami
11814 - 115th Avenue NE
Kirkland, WA 98034
City of Federal Way
clo Chris Green
P.O. Box 9718
Federal Way, WA 98063-9718
EXHIBIT 8
PAGE--.:LOF -'--
Page - 8
CITY COUNCIL REVIEW, ACTION
Pursuant to Section 22-488, following receipt of the final report and recommendation of the
hearing examiner, a date shall be set for a public meeting before the city council.
The city council review ofthe application shall be limited to the record of the hearing before the
hearing examiner, oral comments received during the public meeting (so long as those
comments do not raise new issues or information not contained in the examiner's record) and
the hearing examiner's written report. These materials shall be reviewed for compliance with
decisional criteria set forth in section 20-125. The city council may receive new evidence or
information not contained in the record of hearing before the hearing examiner, but only if that
evidence or information: (i) relates to the validity of the hearing examiner's decision at the time
it was made and the party offering the new evidence did not know and was under no duty to
discover or could not reasonably have discovered the evidence until after the hearing
examiner's decision; or (ii) the hearing examiner improperly excluded or omitted the evidence
from the record. If the city council concludes, based on a challenge to the hearing examiner
recommendation or its own review of the recommendation, that the record compiled by the
hearing examiner is incomplete or not adequate to allow the city council to make a decision on
the application, the city council may by motion remand the matter to the hearing examiner with
the direction to reopen the hearing and provide supplementary findings and/or conclusions on
the matter or matters specified in the motion.
After considering the recommendation of the hearing examiner, the city council may adopt or
reject the hearing examiner's recommendations based on the record established at the public
hearing. If, after considering the matter at a public meeting, the city council deems a change in
the hearing examiner's recommendation approving or disapproving the rezone is necessary,
the city council shall adopt its own recommendations and approve or disapprove the rezone.
As part of the final review, the city council may require or approve a minor modification to the
application.
EXHIBIT ---13--
PAGE-f-OF L
~
CITY OF ~r'
Federal Way
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT TO THE
FEDERAL WAY HEARING EXAMINER
Campus Crest Preliminary Plat
Federal Way File No. 03-104293-00-SU
PUBLIC HEARING - January 25, 2005
FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS
33325 8th AVENUE SOUTH
Table of Contents
1. General Information... ......... ......... ....... ....... .... .... ..............................".. ............ .".... .............2
II. Consulted Departments, Agencies, and Public ....................................................................3
ill. State Environmental Policy Act...........................................................................................4
IV. Natural Environment......................................................... .............. ..................".... .......... ...4
V. Neighborhood Characteristics.......... .............,.................. ............... .,............. """"""""" ....5
VI. General Design..... ......."...... .... .....".. ....................................................................................5
VII. Transportation ........... ..................."...... ............ ...............".. ............."........ ...... ....... .............7
Vill. Public Services.... ........,.. ......... .......... ...... ........... .......... ... ...... ............................. ..... ......... ....9
IX. Utilities.............................................................................................,...................................9
X. Analysis of Decisional Criteria............... ......,...... ............................ .............. ....................10
XI. Findings of Fact and Conclusions ............................ ..... ........... ........"........... ....,............... .12
XII. Recommendation............................. .................... ..... ......,..... ........ ..." ............... .~.... ......,.. ..16
XIII. List of Exhibits.... ....... ............. ....., ....... ..........................., ................" .... ......... ..,.. ...... ...... ..19
Report Prepared by: ~ 1
Jim Harris, Senior Plannekj ,
January 17, 2005 -'
EXHIBIT C
PAGE-1-0F ~
File No:
03-1042930-00-SU
Engineer:
Mr. Roy Lewis, P.E.
Triad Associates
11814 115th Avenue NE
Kirkland, W A 98034-6923
Phone: 425-821-8448
Owner:
Klak Federal Way LLC
500 Shokie Blvd., #444
North Brook, IL 60062
Applicant:
Mr. Michael Walsh
Campus Crest LLC
825 Fifth Avenue, Suite 202
Kir~and, WA 98033
Phone: 425-202-3675
Action
Requested:
Preliminary plat approval of a 114-10t residential subdivision as provided for under
Federal Way City Code (FWCC) Chapter 20, "Subdivisions," and requiring
approval pursuant to FWCC Section 20-110.
Staff
Representative:
Jim Harris, Senior Planner, 253-835-2641
Staff
Recommendation:
Preliminary Plat Approval with Conditions (Refer to Section XII)
I
GENERAL INFORMATION.
A.
Description of the Proposal - The applicant proposes to subdivide two vacant parcels totaling
approximately 22.4 acres into 114 separate lots. The subject property is zoned RM-3600*. The
asterisk denotes that the property is subject to a concomitant zoning agreement. Each of the
proposed lots meets the 5,000 square-foot minimum lot size requirement of the multi-family
zoning district.
The proposed action is depicted in the following documents: Campus Crest preliminary plat
map, revised July 29,2004 (sheets 1 - 3 of 14); Campus Crest Preliminary Grading Plan, April
14,2004 (sheets 4 and 5); Campus Crest Preliminary Utility Plan, April 14, 2004 (sheets 6 and
7); Campus Crest Preliminary Roads and Stonn Drainage Plans, April 14, 2004 (sheets 8 - 11);
Campus Crest Preliminary Roads Details, April 14, 2004 (sheet 12); Campus Crest Preliminary
Planting and Tree Retention Plan, July 29,2004 (sheets 13 and 14); Campus Crest Preliminary
Topography Survey, September 15,2003; Conceptual Pond Landscape Plan - 2 pages,
November 8, 2004 (Exhibit I).
The applicant has requested to modify certain provisions of the existing 1990 Concomitant
Zoning Agreement applicable to the subject property, as the proposed preliminary plat does not
Campus Crest Preliminary Plat
Staff Report to the Federal Way Hearing Examiner
03-104293 I Doc. 10 29953
EXHIBIT Page 2 ("
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comply with the terms of the 1990 Agreement as amended. Since single-family use is not
permitted On the subject property under the terms of the existing Concomitant Zoning
Agreement, approval of a new Concomitant Agreement is required concurrent with approval of
the preliminary plat. The staff report and recommendation on the CZA amendment is under
separate cover to the Hearing Examiner, and the Examiner will review and hold a public hearing
On the CZA amendment request concurrent with the preliminary plat.
B. Location - The site is generally located along the south side of SW Campus Drive at
approximately the 700 block SW. The site also abuts the east side of 1ih A venue SW adjacent to
the plat of Orchid Lane. The Campus Crest site also abuts the City-owned BP A corridor along the
southeasterly side of the site (Exhibit 2- Vicinity Map).
C.
Parcel Nos. - 192104-9043 and 192104-9008. The site legal description is on the plat map.
D.
Size of Property - The subject site has a land area of978,784 square feet (22.46 acres).
E. Land Use and Zoning -
Direction Zoning Comprehensive Plan
Site RM-3600*1 Multi-Family
North RM-2400 Multiple-Family
South RS- 7.22 SF - High Density
East RS- 7.2 SF - High Density
West RM-2400* Multiple-Family
RS-7.2 SF - High Density
Existing Land Use
Vacant
Multi-family
SFR3
SFR
Preliminary plat of Wynstone
Preliminary plat of Wynstone
Background - The Campus Crest preliminary plat application was submitted on September 18,
2003 (Exhibit 3). The preliminary plat application includes a request to amend the Concomitant
Zoning Agreement that applies to the subject property. The application was determined complete
on November 7,2003.
F.
II
CONSULTED DEPARTMENTS, AGENCIES, AND PUBLIC
The following departments, agencies, and individuals were advised of this application.
Community Development Review Committee (CDRC), consisting of the Federal Way
Community Development Services Planning and Building Divisions; Public Works Engineering
and Traffic Divisions; Parks, Recreation, and Cultural Resources Department; Department of
Public Safety (Police); Federal Way Fire Department; Lakehaven Utility District; and Federal
Way Public Schools. CDRC comments have been incorporated into this report where applicable.
A.
B.
All property owners within 300 feet of the site were mailed notices ofthe complete preliminary
plat application and Concomitant Zoning Agreement amendment request on November 15,
J RM-3600 = multi-family residential 3,600 square feet of lot area per unit, with Concomitant Agreement
2 RS-7.2 = single-family residential, 7,200 square-foot minimum lot size
3 SFR = single-family residential
Campus Crest Preliminary Plat
Staff Report to the Federal Way Hearing Examiner
03-104293 I Doc.I.D. 29953
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2003. The City also conducted other public notice on November 15, in accordance with City
code requirements.
c.
In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18,
"Environmental Protection," all property owners and occupants within 300 feet of the site, and
all affected agencies, were notified of the proposed action and the City's environmental decision.
In addition, the site was posted and notice placed in the newspaper and on the City's official
notice boards.
III ST ATE ENVIRONMENTAL POLICY ACT
A.
The City of Federal Way issued a Mitigated Environmental Determination ofNonsignificance
(MDNS) (Exhibit 4) for the proposed action on September 29, 2004. This determination was
based on review of infonnation on file, including the environmental checklist (Exhibit 5), and staff
evaluation of the environmental checklist for the Campus Crest proposal, resulting in the
conclusion that the proposal would not result in probable significant adverse impacts on the
environment provided the applicant complies with the mitigation measures in the MDNS.
B.
The City received comment letters on the proposal from the Washington State Department of
Natural Resources (Exhibit 6), Bonneville Power Administration (Exhibit 7), and Washington
State Department of Transportation (Exhibit 8).
c.
No appeals of the environmental detennination were submitted to the City.
IV NATURAL ENVIRONMENT
A.
Soils - The applicant provided a Geotechnical Engineering Investigation, April 4, 2003 (Exhibit
9), and an Updated Grading Plan Review, April 13, 2004 (Exhibit 10), by Krazen and
Associates Inc. The site soils are discussed in detail in the geotechnical report and addendum.
The geotechnical report concludes that the site is suitable for residential development. The 1973
King County soils survey map lists the soils type as Alderwood Gravelly Sandy Loam (Age).
Alderwood soils are characterized as moderately well drained soils that have a weakly
consolidated to strongly consolidated substratum at a depth of 24 - 40 inches. AgC soils are
described as capable for urban development, runoff is slow to medium, and erosion hazard is
moderate.
B.
Topography - The site has a slope falling generally from south to north. The overall slope of the
site averages approximately eight percent slope, with areas of slope up to approximately 60
percent in isolated areas at the north end of the site. Based on infonnation provided in the
Krazen report, the slopes that exceed 30 percent on-site, were created by cuts that were
completed for construction of SW Campus Drive and utility construction. Therefore, there are no
regulated slopes or any other geologically hazardous areas on the site.
C.
Vegetation - The site is heavily wooded and consists primarily of second growth forest
with a mixture of conifer and broadleaf deciduous trees, with a dense understory of native
shrubs.
Campus Crest Preliminary Plat
Staff Report to the Federal Way Hearing Examiner
03-104293 / Doc. LD. 29953
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v
The 7/29/04 Tree Retention Plan, by Triad Associates, identifies a total of 1,707 significant trees
are on the site. The significant tree count was estimated based on a random sample of the count
of significant trees within three one-acre blocks on the site shown on a preliminary topography
survey of the site by Triad Associates, 9/15/03 (Exhibit 1). The one-acre block tree count
samples range from 44 significant trees per acre to 112 significant treesper acre. The significant
tree survey random sample is acceptable for the purposes of estimating the significant trees on
the site for the purposes of preliminary plat review. However, prior to removal of the trees, a
more accurate assessment of the quantity of significant trees based on an accepted statistical
forestry sampling method shall be provided in order to detennine complete compliance with
applicable code requirements.
Approval of the preliminary plat is subject to submittal and approval of a tree clearing plan and
landscape plan pursuant to FWCC Section 20- 186. City policy and FWCC Section 20-179 state
"All natural vegetation shall be retained on the site to be subdivided except that which will be
removed for improvements or grading approved in the preliminary subdivision or short
subdivision... and; existing mature vegetation shall be retained to the maximum extent
possible." Retained significant trees outside of plat infrastructure areas are regulated under
FWCC Section 22-1568, "Significant Trees," at the time of individual home construction.
The applicant has requested to remove all the trees on the site in conjunction with plat
infrastructure construction. Therefore, the significant tree removal and replacement would apply
to areas of the site that are outside infrastructure areas if the request to remove all the significant
trees is approved.
D.
Wetlands - The applicant provided a wetland assessment ITom Wetland Resources lnc, April 28,
2003 (Exhibit 11). The wetland assessment concludes that there are no regulated wetlands or
streams on or within 100 feet of the site.
NEIGHBORHOOD CHARACTERISTICS
A.
Vicinity - The property is triangular in shape and is situated generally in the south-central
portion of the City. The site is located along Campus Drive, an arterial roadway at approximately
the 700 block SW. The subject site abuts the BP A corridor on the southeast. The site also abuts
12th Avenue SW, a collector roadway, and the Wynstone preliminary plat on the west side ofthe
site.
B.
Public Parks - The site abuts the City's BP A Trail, which is located on the abutting property.
The site is also in close proximity to Saghalie Park, which is a 32-acre community park, and the
Weyerhaeuser King County Aquatic Center.
VI GENERAL DESIGN
A.
Lot Size - The proposed Campus Crest lots range in size trom 5,000 square feet to 9,212 square
feet for single-family use. All proposed lots meet the minimum 5,000 square-foot minimum lot
size for single-family residential use required in the RM zoning district (FWCC Section 22-666)
as requested to be allowed in the proposed new Concomitant Agreement.
B. Lot Layout - Most of the proposed' lots are of rectangular shape. Preliminary building setback
lines (BSBL) are depicted on the preliminary plat map, and each lot contains an adequate
building area.
Campus Crest Preliminary Plat
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03-104293 / Doc. lD. 29953
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C.
Open Space - To provide adequate recreational opportunities commensurate with new
residential development, FWCC Chapter 20, "Subdivisions," requires dedication ofland on site
for open space, or a fee-in-lieu payment. Pursuant to FWCC Section 20-155(b), in an April 19,
2004 letter to the City (Exhibit 12), the applicant has requested to pay a fee-ill-lieu for the
balance of the required 15 percent open space not provided on site. The City P ARCS Director
has agreed to accept a fee-in-lieu for a portion of open space. The open space fee in lieu amount
is determined at the time of final plat based on the assessed land value at the time of final plat
approval.
Open space credit as allowed by City code for buffer open space up to two percent of the gross
site area is proposed in Tracts F and G. Usable open space in A, B, D, K, and L is provided. As
proposed on the preliminary plat map, the proposal provides the following open space:
approximately 18,583 square feet of usable open space (1.9%); approximately 19,571 square
feet of buffer open space credit as FWCC Section 20-155(c) allows maximum of two percent
buffer open space of the gross land area. Therefore, as currently proposed, the applicant would
be required to pay an open space fee-in-lieu in the amount of approximately 11.1 percent of the
gross land value at the time of final plat. A final calculation of open space will be conducted
with review of the final plat and must comply with FWCC.
D.
Subdivision Access and Roadway System - Access to the site will be via 12Ù1 Avenue SW
adjacent to the west side of the site, through extension of 10th A venue SW across the BP A
corridor from Campus Highlands, and from a new access point on SW Campus Drive. The
preliminary plat also includes construction of a looped interior street network and one permanent
cul-de-sac. Section VII of this report provides a detailed description of the proposed roadway
system and improvements.
E.
Pedestrian System - Sidewalks will be provided along all street frontages. Specifically, interior
full street improvements include five-foot wide sidewalks on both sides of all streets, and eight-
foot sidewalks on the project frontage along 10Ù1 Avenue SW, and along the frontage on SW
Campus Drive.
In accordance with FWCC Section 20-156, the subdivision includes four, 20-foot wide
pedestrian and bicycle access tracts.
F.
Landscape Buffers - In accordance with FWCC Section 20-178, a minimum ten-foot wide Type
III landscape strip shall be provided along all arterial streets to shield new residences from
arterial streets. Campus Drive is an arterial street; therefore, landscape buffering along this street
is required. The preliminary plat map provides landscape buffers in Tracts F and G that average
approximately 45 feet in width abutting Campus Drive. The associated concomitant agreement
further discusses the landscape buffer along SW Campus Drive.
G. Clearing and Grading - In a request from Triad Associates received January 7,2005 (Exhibit
13), the applicant has requested approval to clear and grade the whole 22-acre site, including all
of the proposed lots, in conjunction with clearing and grading for construction of the site
infrastructure. The applicant's request to clear and grade the site provides justification for the
request based on the following: the unique topography of the site; the design of the streets.
generally parallel to the contours of the site; the applicant's ability to reduce erosion impacts by
mass grading the site in one operation; and because the unlikely long-term viability and
preservation of minimal amounts of vegetation that would be retained through a phased grading
operation.
Campus Crest Preliminary Plat
Staff Report to the Federal Way Hearing Examiner
03-104293 / Doc. LD 29953
EXHIBIT C. Page 6
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In regard to clearing and grading plats, FWCC Section 20-179 states:
"All natural vegetation shall be retained on the site to be subdivided except that which will
be removed Jor improvements or grading approved in the preliminary subdivision or short
subdivision. "
"Existing mature vegetation shall be retained to the maximum extent possible. "
City staff supports the clearing and grading request to clear and grade the entire site in one
operation as proposed by the applicant based on the following factors: existing site topography
which averages approximately 8.5 percent slope across the entire site; proposed cut depths up to
15 feet; proposed fill depths up to 32 feet for construction of future roadways; irregular lot
grades that would result without mass clearing and grading of the site. Without clearing and
grading of the site some of the resulting grades on future lots would exceed 20 percent slope,
and would result in the need for extensive additional grading to create building lots with finish
grades conducive to single-family development. By allowing mass grading of the entire site, the
applicant will have the ability to minimize import and export of material and create lots with
finish grades conducive to single-family development.
The preliminary grading plan identifies retaining walls up to approximately ten feet in height, on
and between several of the proposed lots. Retaining walls are also proposed on three sides of the
stormwater facility in Tract H. The retaining walls within Tract H are up to 20 feet in total height
and therefore should be designed and constructed in a manner to minimize potential aesthetic
impact along SW Campus Drive. The applicant has prepared a Conceptual Pond Landscape Plan
(Exhibit 1) that proposes small retaining walls within Tract G; and in order to visually enhance
the appearance of the walls within Tract H, the applicant has also proposed to undulate and
terrace the walls within Tract H, treat the walls architecturally, and provide landscaping between
the walls. To minimize aesthetic impact and be consistent with the residential nature of the
proposal, all walls shall include aesthetic treatment.
VII TRANSPORT A nON
A.
Street Improvements - A July 2004, revised Traffic Impact Analysis (TIA) by The Transpo
Group was submitted for the project (Exhibit 14). The City's Traffic Division has reviewed the
project and concluded that the proposed street layout of the Campus Crest subdivision for the
purposes of preliminary plat review is consistent with the adopted codes and comprehensive plan
in place at the time of the complete application.
Access to the site will be via 12th Avenue SW adjacent to the west side of the site, through
extension of lOth A venue SW across the BP A corridor from Campus Highlands, and from a new
access point on SW Campus Drive. The preliminary plat also includes construction of a looped
interior street network and one permanent cul-de-sac.
All streets shall be designed and constructed by the applicant per FWCC requirements. In
accordance with FWCC standards, all street improvements must be dedicated as City right-of-
way and improved to full street standards, unless otherwise noted.
The street frontage of 12th Avenue SW shall include street improvements per City Standard
Cross Section 'M', including improvements along the east half of the street with six-foot
Campus Crest Preliminary Plat 03-104293 / Doc. lO. 29953
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EXHIBIT C
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landscape strip with street trees and street lights, eight-foot sidewalk, and three-foot utility strip.
A right-of-way dedication of 14 feet along the street frontage is required to complete these
improvements.
Campus Drive, abutting the project site, is classified as a Principal Arterial. Improvements to the
project frontage along SW Campus Drive are depicted on the April 14, 2004 preliminary road and
utility plan, by Triad Associates. Improvements to Campus Drive are required in accordance with
City standards, including additional asphalt paving to create a 64-foot paved roadway, with concrete
curb and gutter, six-foot planter strip with street trees and street lights, eight-foot sidewalk, and
three-foot utility strip, per City Standard Roadway Section 'E'. The improvements shall provide
sufficient new roadway tapers and transitions at each end of these improvements to provide for safe
transition between existing roadway width, and the proposed improvements. Along the Campus
Drive frontage, a dedication of seven feet of property to the City is required for right-of-way.
As currently depicted on the preliminary plat drawings, road "D" is incorrectly depicted as a
local access street in regard to right-of-way width and improvements. Within the plat and
connecting off-site, Road D and the connection to 10th A venue SW in Campus Highlands, shall
be improved to a Minor Collector Street Section, corresponding to City standard roadway
Section "S." The required street improvements include 36 feet of pavement with vertical curb
and gutter, four-foot planter strips with street trees, five-foot sidewalks, and one-foot utility
strips, within a 56-foot dedicated right-of-way. Two-foot utility easements, along both sides of
the dedicated right-of-way, are required for utilities and streetlights.
Within the plat, roads A, B, C, and E shall be improved to Local Street Section, corresponding
to a City standard roadway Section "W." The required street improvements include 28 feet of
pavement with vertical curb and gutter, four-foot planter strips with street trees, five-foot
sidewalks, and three-foot utility strips with streetlights, within a 52-foot wide dedicated right-of-
way.
All private access tracts shall comply with Federal Way cross-section "Y" and include 24 feet of
pavement, five-foot sidewalks, and two-foot utility strips.
Street lighting is required on all streets, pursuant to FWCC Section 22-1522.
The Public Works Department and Federal Way Fire Department have approved preliminary
roadway improvements and curve radius, for the purposes of preliminary plat review.
B.
Off-Site Traffic Mitigation - This proposal has been reviewed under the State Environmental
Policy Act (SEP A). The SEP A mitigation conditions require construction of City Transportation
Improvement Program (TIP) projects that are impacted by 10 or more PM peak hour trips, or
alternatively, the applicant may voluntarily contribute a pro-rata share to the impacted TIP
projects. The MDNS specifically identifies off-site street improvements to be constructed by the
applicant, or pro-rata mitigation in lieu of constructing improvements. The MDNS also identifies
required improvements to the intersection of Campus Drive and 10th Avenue SW. The total pr<r
rata mitigation fee is $202,301.00.
Required improvements to the project's street frontages are code-based requirements in the
FWCC, and are independent of the SErA mitigation.
Campus Crest Preliminary Plat
Staff Report to the Federal Way Hearing Examiner
03-104293 / Doc. I.D. 29953
EXHIBIT ~
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c.
Transit - The City received a November 18,2003 memo from King County Metro, regarding
transit improvements associated with the site (Exhibit 15). King County Metro has requested the
developer to install transit related improvements along SW Campus Drive in conjunction with
development of the site, as development of the site with 114 residential units may result in a
sufficient number of new residents using public transit services. However, the Metro comments
were based on a different site layout and may apply only in part to the current site layout. Metro
will be reviewing the engineering plans to detennine if transit improvements are warranted.
VIII PUBLIC SERVICES
A.
Schools - The Federal Way School District reviewed the proposed subdivision and noted that
school students in the Campus Crest Plat site would attend the following schools under current
service areas: Sherwood Forest Elementary, Saghalie Junior High, and Decatur High. Students
from Campus Crest would walk to Sherwood Forest and Saghalie Junior High. Sidewalks and
safe walking areas are provided from Campus Crest to both of these schools. High school
students would attend Decatur High and appropriate bus stops would be provided.
School service areas are reviewed annually and may be adjusted to accommodate enrollment
growth and new development.
School impact fees, as authorized by City ordinance are collected at the time of building pennit
issuance. For the year 2005, the school impact fee is $2,868.00 plus a $143.50 administrative fee
per unit. School impact fees are determined on the basis of the district's Capital Facilities Plan
and are subject to annual adjustment and update.
B.
Public Parks - The Campus Crest site abuts the City's BPA Trail, which is located on the
abutting property. The site is also in close proximity to Saghalie Park, which is a 32-acre
community park, and the Weyerhaeuser King County Aquatic Center. These public parks
provide recreational opportunities for residents in the area.
Open space requirements are discussed in Section VI of this report.
C.
Fire Protection - The Certificate oj Water Availability from the Lakehaven Utility District
indicates that water will be available to the site in sufficient quantity to satisfy fire flow
standards for the proposed development. The Fire Department requires that a fire hydrant be
located within 350 feet of each lot. The exact number and location of fire hydrants will be
reviewed and approved by the Fire Department.
IX UTILITIES
A.
Sewage Disposal- The applicant proposes to serve the proposed plat by a public sewer system
managed by Lakehaven Utility District. A February 19,2003, Certificate oJ Sewer Availability
(Exhibit 16) indicates the district's capacity to serve the proposed development through a
Developer Extension Agreement (DEA) between the applicant and the district.
B.
Water Supply - The applicant proposes to serve the subdivision with a public water supply and
distribution system managed by the Lakehaven Utility District. A February 19, 2003, Certificate
oJ Water Availability (Exhibit 17) indicates Lakehaven's capacity to serve the proposed
development through a DEA.
Campus Crest Preliminary Plat
Staff Report to the Federal Way Hearing Examiner
03-] 04293 / Doc. I.D. 29953
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C.
Drainage Facilities - Development of the site wiJ] c~eate additional runoff from new impervious
surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in
accordance with the 1998 King County Surface Water Design Manual (KCSWDM) and the
City's amendments to the manual. The applicant's April, 2004 preliminary stormwater Technical
Information Report (TIR) (Exhibit 18) by Triad Associates, was reviewed by the City's Public
Works Department for the purposes of preliminary plat review.
Levell Flow Control and Resource Stream Water Quality treatment are required for the project,
per the 1998 King County Surface Water Design Manual and the City of Federal Way
Addendum to the manual.
The site lies within the Panther Lake Drainage Basin. As such, the applicant may provide on-site
flow control to the Levell flow control standard, or elect to pay for off-site detention provided
in Panther Lake. The cost for utilizing Panther Lake for off-site detention is $1,728.00 per gross
acre. The preliminary indication is the applicant will choose to pay for off-site detention in
Panther Lake.
The applicant has proposed to construct a two-facility treatment train to provide water quality
treatment for the site. Final design options for the water quality treatment train facility will be
determined during engineering review of the plat improvements. As proposed, this design meets
the Resource Stream Protection requirement for water quality treatment. It can be expected to
remove at least 80 percent total suspended solids, and 50 percent total zinc removal.
The preliminary design proposes to collect and convey stormwater through a series of
pipes and catch basins into the water quality treatment facilitiés, located near the plat
entrance road at SW Campus Drive.
In order to mitigate potential erosion impacts to downstream drainage systems and Panther Lake,
the applicant shall provide on-site Erosion and Sediment Control measures per the requirements
of the 1998 King County Surface Water Design Manual and the City of Federal Way Addendum
to the manual. The City may further limit clearing and grading activities during the wet season
(October 31 to March 31) per the SEP A mitigation measure.
The proposed water quality facilities as preliminarily designed are adequate to serve the
proposed development. Final review and approval of the storm drainage facilities will occur in
conjunction with full drainage review.
x
ANALYSIS OF DECISIONAL CRITERIA
The FWCC establishes review procedures and decisional criteria for deciding upon various types of
land use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110, preliminary
plat applications are submitted to the Hearing Examiner for public hearing. The preliminary plat
application and the recommendation of the Hearing Examiner are submitted to the City Council for
approval or disapproval.
Hearing Examiner Preliminary Plat Decisional Criteria - Pursuant to FWCC Section 20-126(c), the
Hearing Examiner may recommend approval of the proposed preliminary plat only if the following
decisional criteria are met. Decisional criteria and staff responses are provided below.
1.
The project is consistent with the Comprehensive Plan.
Campus Crest Preliminary Plat
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03-1042931 Doc. ID 29953
EXHIBIT -L. Page 10
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Staff Comment: The application is subject to the adopted 2002 Federal Way Comprehensive
Plan (FWCP), which designates the property as multiple-family. The proposed single-family
land use on the subject property is consistent with the underlying Comprehensive Plan
designation and is a pennitted use.
In addition, the City's Comprehensive Plan identifies the north-south extension of Ith Avenue
SW and east-west extension of 10th Avenue across the BPA corridor from Campus Highlands.
The Campus Crest plat as proposed and conditioned will implement construction of frontage
improvements on lth Avenue SW (a Principal Collector) abutting the site, and extension and
construction of 10th Avenue SW across the BPA corridor (a Minor Collector).
2.
The project is consistent with all applicable provisions of the chapter, including those adopted
by reference from the Comprehensive Plan.
Staff Comment: The preliminary plat application is required to comply with the provisions of the
FWCC Chapter 18, "Environmental Policy," Chapter 20, "Subdivisions," Chapter 22, "Zoning,"
and all other applicable codes and regulations. Future development of the residential subdivision
will be required to comply with all applicable development codes and regulations. As proposed,
and with conditions as recommended by staff, the preliminary plat will comply with all
provisions of the chapter. The preliminary plat application is not consistent with the 1990
Concomitant Zoning Agreement applicable to the site. However, the proposed preliminary plat is
consistent with the proposed Concomitant Agreement for the site. Therefore, the approval of the
preliminary plat must be subject to concurrent approval of the associated proposed Concomitant
Agreement.
3.
The project is consistent with the public health, safety, and welfare.
Staff Comment: The proposed preliminary plat would pennit development of the site consistent
with the current Multiple-Family land use classification ofthe FWCP and map, provided the
preliminary plat is consistent with and approved concurrently with the proposed Concomitant
Agreement for the applicable portion of the site.
Proposed access and fire hydrant locations must meet all requirements of the Federal Way Fire
Department. Future development of the plat and associated improvements including street
improvements, and other infrastructure improvements in accordance with applicable codes and
regulations will ensure protection of the public health, safety, and welfare.
4.
It is consistent with the design criteria listed in Section 20-2.
Staff Comment: The proposed preliminary plat would promote the purposes identified in FWCC
Section 20-2, and the standards and regulations therein, as identified in the staff report,
including effective use of land, promotion of safe and convenient travel on streets, and provision
for the housing needs of the community. As proposed, and with conditions as recommended by
City staff, the preliminary plat application complies with all provisions of the chapter.
5.
It is consistent with the development standards listed in Sections 20-151 through 157, and 20-
158 through 187.
Staff Comment: Development of this site is required to comply with the provisions ofFWCC
Chapter 18, "Environmental Protection," Chapter 20, "Subdivisions," Chapter 22, "Zoning,"
Campus Crest Preliminary Plat
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03-104293 I Doc. I.D. 29953
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and all other applicable local and state development codes and regulations. As proposed, the plat
is consistent with the FWCC requirements provided the recommended conditions of approval
are adopted.
XI FINDINGS OF FACT AND CONCLUSIONS.
Based on an analysis of the proposed action, environmental record, and related decisional criteria, the
Department of Community Development Services finds that:
1.
The proposed action is to subdivide two vacant parcels totaling approximately 22.4 acres into
114 separate lots.
2.
Pursuant to the City's November 7, 2003 Notice of Complete Application, the plat is subject to
codes and policies in place on November 7, 2003, including the 2002 Federal Way
Comprehensive Plan (FWCP).
3.
The subject property is designated Multiple-Family in the 2002 FWCP.
4.
The two parcels comprising the site are zoned RM-3600*. The asterisk identifies that the
property is subject to a concomitant zoning agreement. Pursuant to FWCC Section 22-666,
single-family residential use is pennitted in the RM zoning district with a minimum lot size of
5,000 square feet per lot. As recommended with conditional approval, the proposed residential
subdivision and density is consistent with applicable zoning and subdivision regulations.
5.
The applicant has requested to modify certain provisions of the existing 1990 Concomitant
Zoning Agreement (CZA) applicable to the site. The staff report and recommendation on the
CZA amendment is under separate cover to the Hearing Examiner, and the Examiner will review
and hold a public hearing on the CZA amendment request concurrent with the preliminary plat.
6.
Since single-family use is not pennitted on the subject property under the tenus of the existing
Concomitant Zoning Agreement, approval of a new Concomitant Agreement is required
concurrent with approval of the preliminary plat.
If the new Concomitant Agreement is not adopted concurrent with approval of the preliminary
plat application, then the preliminary plat application cannot be approved as proposed.
7.
An Environmental Mitigated Determination of Nonsignificance (MDNS) was issued for this
proposed action on September 29, 2004. The City received no appeals of the SEP A
detennination, and the SEPA appeal period expired on October 27, 2004.
8.
As proposed, each lot contains an adequate size and shape building envelope to contain a future
single-family residence. There is presently an unused access easement for Federal Way Public
Schools, which bisects the site. The easement as existing could impact development of the site in
accordance with the preliminary plat. In an April 19, 2004 letter from the applicant, the
applicant identifies they intend to have the easement extinguished. The easement does not
impact the site for the purposes of preliminary plat; however, the easement would impact the
final plat if it were not extinguished.
9.
To provide adequate recreational opportunities commensurate with new residential development,
FWCC Chapter 20, "Subdivisions," requires dedication ofland on site for open space, or a fee-
Campus Crest Preliminary Plat
Staff Report to the Federal Way Hearing Examiner
03-104293 I Doc 10.29953
EXHIBIT ~
PAGE~OFß-
in-lieu payment. Pursuant to FWCC Section 20-155, the applicant has proposed a combination
of buffer open space, usable open space, and a fee-in-lieu of on site open space. As currently
proposed, the preliminary plat map includes approximately 1.9 percent usable open space, two
percent buffer open space, and approximately 11.9 percent fee-in-lieu in order to meet the code
requirement.
To facilitate meeting the perimeter block standards of FWCC Section 20-156 and meet the code
standard in FWCC Section 20-156 regarding provision of access for established trails, a paved
connection from Tract D to the adjacent BP A Trail should be provided.
10. The applicant provided a Geotechnical Engineering Investigation, April 4, 2003 (Exhibit 8) and
an Updated Grading Plan Review, April 13, 2004 (Exhibit 9), by Krazen and Associates Inc.
The geotechnical reports provide engineering analysis of cut and fill slopes and recommended
setbacks, and classification ofthe subsurface soils for design of the stormwater management
facilities. The geotechnical engineering reports are sufficient for the purposes of preliminary plat
review. The applicant shall design and construct the project in accordance with all
recommendations from the geotechnical engineer.
11. In a January 7,2005 memo (Exhibit 12), the applicant has requested approval to clear and grade
the entire site including all the future lots in conjunction with clearing and grading the site for
infiastructure for the site. The applicant's request to clear and grade the whole site is based on
the site's unique topography; the design of the streets generally parallel to the contours of the
site; the applicant's ability to reduce erosion impacts by mass grading the site in one operation;
and because of the unlikely long-term viability and preservation of vegetation that would be
retained through a phased grading operation.
City staff supports the clearing and grading request to clear and grade the entire site in one
operation as proposed by the applicant based on the following factors: existing site topography
which averages approximately 8.5 percent slope across the entire site; proposed cut depths up to
15 feet; proposed fill depths up to 32 feet for construction offuture roadways; and resultant
irregular lot grades that would result without mass clearing and grading of the site. Without
clearing and grading of the site, some of the resulting grades on future lots would exceed 20
percent slope and would result in the need for extensive additional grading to create building lots
with finish grades conducive to single-family development. By allowing mass grading of the
entire site, the applicant will have the ability to minimize import and export of material and
create lots with finish grades conducive to single-family development.
12. The preliminary grading plan identifies retaining walls up to approximately ten feet in height on
and between several of the proposed lots. Retaining walls are also proposed on three sides of the
stormwater facility in Tract H. The retaining walls within Tract H are up to 20 feet in total height
and therefore should be designed and constructed in a manner to minimize potential aesthetic
impact along SW Campus Drive. For the purposes of preliminary plat review, the applicant has
prepared a Conceptual Pond Landscape Plan (Exhibit 1) that proposes two small retaining walls
within Tract G, and two terraces of walls within Tract H. The applicant has also proposed to
undulate and tier the upper walls, treat the upper walls architecturally and provide landscaping
between the walls, in order to visually enhance the walls. To minimize aesthetic impact and be
consistent with the residential nature of the proposal, all walls shall include aesthetic treatment.
In order to minimize the maintenance for the stormwater treatment facility, the retaining walls
. proposed on the south side of Tract H shall be located in a private tract. Specifically, Tract M
Campus Crest Preliminary Plat 03-104293 / Doc. l. D. 29953
Staff Report to the Federal Way Hearing Examiner EXHIBIT L Page 13
P AGE ---13-0 F ----e:1-
shall be expanded to include the proposed retaining walls that are currently proposed within
Tract H.
13. The subject property is wooded with primarily second growth forest. Significant tree retention
and/or replacement shall be provided in accordance with FWCC Section 20-179 and 22-1568.
The 7/29/04 Tree Retention Plan, by Triad Associates, identifies a total of 1,707 significant trees
are on the site. The significant tree count was estimated based on a random sample of the count
of significant trees within three one-acre blocks on the site shown on a preliminary topography
survey of the site by Triad Associates, 9/15/03 (Exhibit 1). The one-acre block tree count
samples range from 44 significant trees per acre to 112 significant trees per acre. The significant
tree survey random sample is acceptable for the purposes of estimating the significant trees on
the site for the purposes of preliminary plat review. However, prior to removal of the trees, an
accurate assessment of the quantity of significant trees shall be provided in order to determine
complete compliance with applicable code requirements.
14. Removal of all ofthe trees from the site as proposed will alter the aesthetics of the site and
transform the site from a densely vegetated condition to urban development. In order to
minimize potential aesthetic and visual impacts along Campus Drive and the surrounding
residential area, and to provide some visual enhancement to the site, landscaping improvements
must be implemented. Prior to issuance of construction permits, a final landscape plan prepared
by a licensed landscape architect shall be submitted to the City for approval in accordance with
FWCC requirements. The landscape improvements shall be completed prior to final plat
approval, unless a financial guarantee is approved by the City for completion of the landscape
improvements. The final landscape plan shall include, at a minimum, the following elements:
A.
Arterial buffer landscaping in Tracts F and G per FWCC Section 20-178 and in compliance
with the accompanying Concomitant Agreement. In order to insure the long-term viability
and maintenance of the landscape screen in Tracts F and G, irrigation of these landscape
areas is required. The applicant shall coordinate the landscape plan in Tract F and G with
Lakehaven Utility District, and provide written approval of the plan from Lakehaven in
respect to potential conflict with Lakehaven Utilities located within these tracts;
B.
Landscaping adjacent to retaining walls in Tracts F, G, and H shall be an appropriate type,
size, and density to provide visual separation and screening from the walls, and provide a
visual enhancement to the site;
c.
Street trees in right-of-way landscape planter strips per Public Works Department
Standards;
D.
Landscaping of Tract M adjacent to Road B shall be planted with Type III landscaping
including trees, shrubs, and groundcover, to provide a visual separation between the public
right-of-way and the proposed stormwater facilities. This landscape tract shall be owned
and maintained by the homeowners' association. If cyclone fencing is used around the
storm drainage ponds, the fencing shall be coated black or green;
E.
Significant tree replacement in accordance with FWCC requirements.
15. Development of the site will create additional runoff from new impervious surfaces such as
streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with
the 1998 KCSWDM and the City's amendments to the manual. The applicant's preliminary
03-104293 / Doc. ID 29953
Page 14
EXHIBIT ~
PA,GE.~OF ----a-
Campus Crest Preliminary Plat
Staff Report to the Federal Way Hearing Examiner
stonn drainage TIR by Triad Associates, as revised April 2004, was reviewed and preliminarily
accepted by the City's Public Works Department.
Levell flow control and Resource Stream Water Quality Protection are required for this site per
the 1998 King County SUllaGe Water Design Manual and the City of Federal Way Addendum to
the manual. In lieu of providing on-site flow control, the applicant has chosen to pay the pro-rata
share fee of $1 ,728.00 per gross acre for off-site detention in Panther Lake. In addition, the
applicant has proposed a two-facility treatment train on this site, which meets the Resource
Stream Protection requirements for water quality treatment.
In order to mitigate potential erosion impacts to downstream drainage systems and Panther Lake,
the applicant shall provide on-site Erosion and Sediment Control measures per the requirements
of the 1998 King County Surface Water Design Manual and the City of Federal Way Addendum
to the manual.
The proposed flow control and water quality facilities are adequate to serve the proposed
development. Final review and approval of the stonn drainage facilities as shown on the
engineering plan will occur in conjunction with full drainage review.
16. A July 2004, revised Traffic Impact Analysis (TIA) by The Transpo Group was submitted for
the project (Exhibit 13). The City's Traffic Division has reviewed the project and concluded that
for the purposes of preliminary plat review, the proposed street layout of the Campus Crest
subdivision as recommended by City staff is consistent with the adopted codes and
Comprehensive Plan in place at the time of the complete application.
Access to the site will be via 12th Avenue SW adjacent to the west side of the site, through
extension of 1 Olh A venue SW across the BP A corridor from Campus Highlands, and from a new
access point on SW Campus Drive. The plat also includes construction of a new interior street
system that interconnects the three access points. The project will result in approximately 115
new weekday evening peak hour trips.
The extension of loth Avenue SW across the BPA corridor is identified in the 2002
Comprehensive Plan and is recommended as a condition of project approval. This roadway
extension implements the goals of the Comprehensive Plan and implements the FWCC
perimeter block standard of 2,640 feet.
The TIA recommends that to minimize potential conflicts between motorists and trail users, a
raised pedestrian crossing should be implemented at the junction of the BP A Trail and the new
roadway across the BP A corridor.
The City's Traffic Engineer has reviewed the project and concluded that the proposed street
layout of the Campus Crest subdivision as conditioned is consistent with the adopted codes and
Comprehensive Plan in place at the time of the complete application.
Street improvements proposed and required for the proposal are depicted on the preliminary plat
drawings by Triad Associates (Exhibit I). The street improvements are described in detail in
Section VIII of the staff report and are incorporated by reference as set forth in full. All public
right-of-ways will be dedicated to the City. Pedestrian Tracts A, B, D, K, and L, as proposed,
meet applicable City standards for pedestrian tracts including a 20-foot width with a 12-foot
wide paved walkway.
Campus Crest Preliminary Plat
Staff Report to the Federal Way Hearing Examiner
03-104293 / Doc. ID 29953
EXHIBIT ~5
PAGE~OF ~
The 2002 Federal Way Comprehensive Plan identifies 10th Avenue SW crossing the site is
classified as a Minor Collector roadway. As currently depicted on the preliminary plat map,
Road D does not meet the width requirement for a minor collector. Therefore, City staff is
recommending the construction plans and final plat map be modified so proposed Road "D" on
site, across the BPA and the extension of road "c" connection to 12th Avenue SW be modified
to meet the minor collector street standard of 56 feet of right-of-way. In modifying the width of
road "D", the pedestrian Tracts A and B may be eliminated, as they are not specifically required
to meet the FWCC pedestrian block perimeter standard.
17. New sidewalks and pedestrian facility improvements in conjunction with existing walking areas
will provide a safe pedestrian route of travel for school children who walk from the Campus
Crest plat to Sherwood Forest Elementary School and Saghalie Junior High. School children
would be provided bus transportation from Campus Crest to Decatur High School.
18. King County Metro has requested the developer to install transit related improvements along SW
Campus Drive in conjunction with development of the site, as development of the site with 114
new residential units may result in a sufficient number of new residents using public transit
servIces.
19. Water and sewer facilities are available from the Lakehaven Utility District and are adequate to
serve the proposed development. It is the applicant's responsibility to secure all necessary water
and sewer services from the utility provider.
20. The proposed preliminary plat is permitted by FWCC Chapter 20, "Subdivisions," and Chapter
22, "Zoning."
21. The proposed subdivision and all attachments have been reviewed for compliance with the
FWCP; FWCC Chapter 18, "Environmental Protection," Chapter 20, "Subdivisions," Chapter
22, "Zoning," and all other applicable codes and regulations. As proposed, and recommended by
staff, the preliminary plat is consistent with the FWCP and all applicable codes and regulations,
provided the proposed accompanying Concomitant Agreement is adopted concurrently.
22. Prior to final plat approval and recording, all required and approved improvements will be
constructed, or the improvements appropriately bonded, per City code requirements.
XII RECOMMENDA nON
Based on review of this application, environmental record, and pertinent decisional criteria, the
Department of Community Development Services recommends approval of the preliminary plat
subject to the following conditions:
1.
The Campus Crestpreliminary plat shall not be deemed approved unless the proposed Campus
Crest Concomitant Agreement is concurrently approved, and allows the site to be developed
with single-family housing.
2.
Prior to proceeding with plat infrastructure construction, the applicant shall provide a revised
landscape plan that includes the following landscaping to be approved by the City:
a.
Arterial buffer landscaping in Tracts F and G per FWCC Section 20-178 and in compliance
with the accompanying Concomitant Agreement. In order to insure the long-term viability
Campus Crest Preliminary Plat
Staff Report to the Federal Way Hearing Examiner
03-104293 I Doc. LD. 29953
Page 16
EXH I B 11'--'--
PAGE-LLOF --'-'-
and maintenance of the landscape screen in Tracts F and G, irrigation of these landscape
areas is required. The applicant shall coordinate the landscape plan in Tract F and G with
Lakehaven Utility District, and provide written approval ofthe plan from Lakehaven in
respect to potential conflict with Lakehaven Utilities located within these tracts;
b.
Landscaping adjacent to retaining walls in Tracts F, G, and H shall be an appropriate type,
size, and density to provide visual separation and screening of the walls, and provide a
visual enhancement to the site;
c.
Street trees in right-of-way landscape planter strips per Public Works Department
Standards;
d.
Landscaping of Tract M adjacent to Road B shall be planted with Type III landscaping
including trees, shrubs, and groundcover, to provide a visual separation between the public
right-of-way and the proposed stormwater facilities. This landscape tract shall be owned
and maintained by the homeowners' association. If cyclone fencing is used around the
storm drainage ponds, the fencing shall be coated black or green;
e.
Significant tree replacement in accordance with FWCC requirements.
3.
Prior to approval of engineering construction plans, the applicant shall provide the City a
significant tree survey based on an acceptable statistical forestry sampling methodology to
accurately determine the number of significant trees on the site. The applicant shall also provide
a significant tree replacement plan, to replace at least 25 percent of the significant trees removed
from the site. Pursuant to FWCC Section 20-186, areas of the plat where significant trees are
removed for subdivision improvements (infrastructure) are not subject to significant tree
replacement. The significant tree replacement plan shall be approved by the Department of
Community Development Services prior to engineering plan approval. The replacement trees
shall be planted by the applicant and inspected by the Department of Community Development
Services prior to final plat approval.
4.
Design and construction of the project shall comply with all requirements and recommendations
of the project geotechnical engineer.
5.
Prior to final plat approval, the applicant shall provide a paved trail connecting Tract D to the
adjacent BP A Trail. The plan for the trail connection shall be reviewed and approved by the
Public Works and P ARCS Departments in conjunction with engineering plan review.
6.
On the final plat map, Tract M shall be revised to include any proposed retaining walls within
the south side of Tract H. The retaining walls, if included in the plat construction, shall be
owned and maintained by the future homeowners' association.
7.
Prior to approval of construction plans, the applicant shall provide written correspondence from
the Federal Way Public School District regarding the Districts' commitment to eliminating an
existing easement on the site. Prior to final plat approval, the applicant shall document to the
City that the existing school district easement has been extinguished.
8. If included in the final engineering design, retaining walls and rockeries on individual lots shall
be harmonious with the residential use of the site and shall promote residential design themes
through such means as terracing, orientation, natural material selection, use of vegetation
Campus Crest Preliminary Plat 03-104293 I Doc. ID. 29953
Staff Report to the Federal Way Hearing Examiner Page 17
EXHIBI1', L
PAGE.J1-°F --I!f-
screening, and textural treatment to be designed by the applicant and approved by the
Community Development Services Department.
Due to the proximity to Campus Drive and the potential aesthetic impact from large untreated
walls, retaining walls shall be a maximum height of four feet within Tract G, and a maximum
height of nine feet of exposed surface above grade in Tract M. Any walls in Tract M shall
include but are not limited to the following design features: horizontal and vertical undulation,
terracing with a minimum width of six feet between terraces to allow a safe area for
maintenance; landscape screening; and wall texturing.
9.
Prior to final plat approval, as required by Metro, the applicant shall design and construct a bus
stop shelter footing and bus stop landing in accordance with King County Metro standards for
the site frontage along SW Campus Drive. Prior to construction, the applicant shall provide
approval of the landing design and location from Metro. Due to other development in the area of
the site, Metro may detennine the site frontage is not the appropriate location for a future bus
stop, and these improvements would not be required if so detennined by Metro.
10. Improvements for the project include the off-site connection of Road D to the 10th Avenue SW
stub in Campus Highlands. Design and construction of the extension shall meet applicable City
standards and be reviewed by Bonneville Power Administration. The design and construction of
10th A venue SW shall include a raised crossing per City standards at the BP A Trail for safety
purposes.
11. On the final plat map, roadway "D" and a portion of road "C", from the existing tenninus of 10th
Avenue SW in Campus Highlands extending to the point where Road D (and portion of Road C)
connects to 12th Avenue SW, shall be revised to be a 56-foot wide right-of-way, with a 36-foot
paved roadway, and two-foot utility easements on either side (Roadway Section'S' - Minor
Collector). The street connection to lth A venue SW shall be as shown on the plans, or modified
to connect at 12th Avenue SWat SW 343rd Place. Final road alignment will be detennined
during engineering plan review.
Tracts A and B, as shown on the plans, may be eliminated or revised upon final road alignment.
Campus Crest Preliminary Plat
Staff Report to the Federal Way Hearing Examiner
03-104293 I Doc. ID. 29953
EXHIBIT c.. Page 18
PAGE~OF -t.!t-
XIII LIST OF EXHIBITS
1. Campus Crest preliminary plat map, revised July 29,2004 (sheets 1 - 3 of 14); Campus Crest
Preliminary Grading Plan, April 14, 2004 (sheets 4 and 5); Campus Crest Preliminary Utility
Plan, April 14, 2004 (sheets 6 and 7); Campus Crest Preliminary Roads and Storm Drainage
Plans, April 14, 2004 (sheets 8 - 11); Campus Crest PrelimínaryRoads Details, April 14, 2004
(sheet 12); Campus Crest Prelimínary Planting and Tree Retention Plan, July 29,2004 (sheets
13 and 14); Campus Crest Preliminary Topography Survey, September 15,2003; Conceptual
Pond Landscape Plan - 2 pages, November 8, 2004
2. Campus Crest Vicinity Map .
3. Master Land Use Application for Campus Crest Preliminary Plat and Concomitant Agreement
4. SErA MDNS, September 29,2004
5. SEPA Checklist for Campus Crest, dated revised July 27,2004
6. Department of Natural Resources Letter, October 1,2004
7. Bonneville Power Administration Letter, December 2,2003
8. WSDOT Letter, December 22, 2003
9. Krazen and Associates Geotechnical Investigation, April 4, 2003
10. Krazen and Associates Updated Plan Review, April 13, 2004
11. Wetland Assessment by Wetland Resources Inc, Apri128, 2003
12. Letter from Triad Associates dated April 19, 2004
13. Clearing and Grading Request from Traid Associates dated received January 7,2005
14. Traffic Impact Analysis, revised July 2004, by The Transpo Group
15. King County Metro Letter, November 18,2003
16. Certificate of Sewer Availability by Lakehaven Utility District, February 19, 2003
17. Certificate of Water Availability by Lakehaven Utility District, February 19, 2003
18. Preliminary Storm Water Technical Information Report (TIR), by Triad Associates, April 2004
Note:
Copies of exhibits are not attached to all copies of this report. All exhibits have been
provided to the Hearing Examiner.
TRANSMITTED TO THE PARTIES LISTED HEREAFTER:
Federal Way Hearing Examíner
Applicant
Applicant Agent - Roy Lewis P .E., Triad Associates
Campus Crest Preliminary Plat
Staff Report to the Federal Way Hearing Examiner
03-104293 I Doc. I.D. 29953
Page 19
EXH I B IT ---'-
PAGE~OF ~
~
~~,
CITY OF > ,'% ,
Federal Way
COMMUNITY DEVELOPMENT SERVICES DEPARTMENT
STAFF REPORT TO THE
FED ERAL WAY HEARING EXAMINER
CONCOMITANT AGREEMENT FOR PARCEL 7
700 Block ofSW Campus Drive
Federal Way File No. 03-104311-00-UP
PUBLIC HEARING - January 25, 2005
FEDERAL WAY CITY HALL CITY COUNCIL CHAMBERS
33325 8th AVENUE SOUTH
Table of Contents
I.
II.
III.
IV.
V.
VI.
VII.
General Information..........................................."""""""""""""""""""""""""""............2
Consulted Departments, Agencies, and Public .....................................:..............................5
State Environmental Policy Act .................. ..... ....... "" ............ """"""'" """'" ... ... ....... .... ....6
Analysis of Decisional Criteria """""""""""""" ...... """"""""""" ......... "'" .............. ........6
Findings of Fact and Conclusions..... ....... ...... ...... ..... .......... .............. ........ ""'" ........... .........8
Recommendation """"""""""""""""""""""""""""""""""""""""""""""""""""""'"..9
List of Exhibits................ ...................................................................................................1 0
Report Prepared by:
Jim Harris, Senior Planné(-:) ~
January 17,2005 </.,
EXHIBIT --Íl-
PAGE ---1-0F -W
File No:
03-104311-00-UP
Applicant:
Mr. Michael Walsh
Campus Crest LLC
825 Fifth Avenue, Suite 202
Kirkland, W A 98033
Phone: 425-202-3675
Action
Requested:
The applicant has requested modification of a February 27, 1990, Concomitant
Zoning Agreement (CZA) as amended by City Council resolution 93-144. The CZA
as amended pertains to a 22-acre parcel located at approximately the 700 block of
SW Campus Drive. Pursuant to Section 8 of the 1990 agreement, amendment of the
existing agreement shall be processed in the same manner as a rezone of property.
Staff
Representative:
Jim Harris, Senior Planner, 253-835-2641
Staff
Recommendation:
Adoption of the proposed new Concomitant Agreement, superseding the 1990
Concomitant Zoning Agreement as amended. (Refer to Section VI)
I
GENERAL INFORMA nON
A.
Description of the Proposal- The applicant has requested to amend the existing 1990
Concomitant Zoning Agreement (CZA) relating to certain property known as the Campus
Highland Townhome property (Parcel 7) (Exhibit A-Master Land Use Application) (Exhibit B-
Applicant's request, April 21, 2004). The requested CZA amendment would allow the subject
property to be developed with single-family development, whereas under the 1990 CZA only
townhome/condominium fonnat is pennissible. In addition, the applicant has requested to
modify tenns of the 1990 agreement in regard to the following subjects: status of building penn it
application; landscape standards abutting single-family zoning; building setbacks along Campus
Drive; required improvements to Campus Drive; building height; maximum density of 233 units;
phased construction; housing type; and 10thllih Avenue corridor dedication and construction.
Pursuant to Section 8 of the 1990 CZA, amendments of the agreement shall be considered and
heard, "by filing an application therefore, which shall be considered and heard in the same
manner as a rezone of property." Therefore, this application is being reviewed via a Process V,
Project Rezone (FWCC Section 22-477 et al), and will be heard concurrently with a preliminary
plat application for the property.
In order to simplify and consolidate the agreement applicable to the subject property, a new
Concomitant Agreement (Exhibit C) superseding the 1990 Agreement and subsequent amending
resolutions has been prepared rather than amending the 1990 Concomitant Zoning Agreement as
amended.
The subject property is comprised of approximately 22.4 acres and is currently zoned RM-
3600*. RM-3600 is a multi-family zoning with a minimum of 3,600 square feet of lot area per
dwelling unit for multi-family use. The asterisk (*) denotes that the property is subject to a
Staff Report to the Hearing Examiner
Campus Crest Concomitant Zoning Agreement Amendment
Page 2
03-10431 l-OO-UP/Doc ID 29917
EXHIBIT P
PAGE~OF -1.CL
concomitant zoning agreement. The subject parcel known as Campus Highland Townhome
property or Parcel 7 comprises the entire area of the proposed Campus Crest preliminary plat,
which is being reviewed concurrently by the Hearing Examiner under File No. 03-104293-00-
SUo
The proposed action is depicted in the following documents: Campus Crest preliminary plat
map, revised July 29,2004 (sheets I - 3 of 14); Campus Crest Preliminary Grading Plan, April
14,2004 (sheets 4 and 5); Campus Crest Preliminary Utility Plan, April 14, 2004 (sheets 6 and
7) ; Campus Crest Preliminary Roads and Storm Drainage Plans, April 14, 2004 (sheets 8 - II);
Campus Crest Preliminary Roads Details, April 14, 2004 (sheet 12); Campus Crest Preliminary
Planting and Tree Retention Plan, July 29,2004 (sheets 13 and 14); Campus Crest Preliminary
Topography Survey, September 15,2003; Conceptual Pond Landscape Plan - 2 pages,
November 8, 2004.
B.
Location - The site is located generally along the south side of SW Campus Drive at
approximately the intersection of 7th Avenue SW.
C.
Parcel No's. -192104-9008 and 192104-9043.
D.
Size of Property - The subject site has a land area of approximately 978,563 square feet (22.4
acres).
E. Land Use and Zoning -
Direction Zoning Comprehensive Plan Existing Land Use
Site RM-3600*1 Multi-Family Vacant
North RM-2400 Multiple-Family Multi-family
South RS- 7.22 SF - High Density SFR3
East RS- 7.2 SF - High Density SFR
West RM-2400* Multiple-Family Preliminary plat of Wynstone
RS- 7.2 SF - High Density Preliminary plat of Wynstone
F.
Background - The CZA amendment request and associated Campus Crest preliminary plat were
filed with the City on September 18, 2003. The application was determined complete on
November 7, 2003. The Campus Crest site is comprised of two separate parcels. The Campus
Crest preliminary plat application includes a request to amend the Concomitant Zoning
Agreement that applies to the subject property.
At the time of incorporation of the City of Federal Way in February 1990, an application by
Polygon and Quadrant Corporation to develop Parcel 7 of the Campus Crest Property was under
review by King County. On February 27, 1990, a concomitant agreement between the City of
Federal Way and the owners of the subject property was entered into relating to the zoning ofthe
1 RM-3600 = multi-family residential 3,600 square feet of lot area per unit, with Concomitant Agreement
2 RS-7.2 = single-family residential, 7,200 square-foot minimum lot size
3 SFR = single-family residential
Staff Report to the Hearing Examiner
Campus Crest Concomitant Zoning Agreement Amendment
Page 3
03-1 04311-00-UP/Doc ID 29917
EXH! B IT'--11-
PAGE---3-0F ~
subject property commonly known as the Campus Highland Townhome property (Parcel 7)
(Exhibit D). The property owners and the City entered into the 1990 agreement for the purpose
of resolving any potential disagreements with respect to vesting rights and the applicability of
King County or City of Federal Way regulations as a result of incorporation.
The 1990 CZA set development standards for development of the site with up to 233 dwelling
units. In summary, the 1990 CZA addresses the following items: status of a 1989 building
permit application at King County; landscape standards abutting single-family zoning; building
setbacks along Campus Drive; required improvements to Campus Drive; building height;
maximum density of 233 units; phased construction; housing type; and 1 Oth/l th Avenue corridor
dedication.
The 1990 agreement was amended in 1993 via Resolution 93-144 (Exhibit E). The effect of
Resolution 93-144 was to modify terms of the 1990 agreement in regard to landscape buffering
adjacent to single-family zoning, and clarify provisions regarding timing and funding for the
construction of 10th Avenue SW.
In 1997, the City Council adopted an amendment to the 1990 Concomitant Agreement, which
approved a golf driving range use on the subject site. However, the golf driving range was never
constructed and the agreement permitting the driving range expired, and zoning of the subject
property reverted to the 1990 agreement as amended.
The applicant submitted a written request, April 21, 2004, to amend the 1990 Concomitant
Agreement as amended (Exhibit B).
The current preliminary plat proposal for Parcel 7 includes development of the site with single-
family residences on proposed lots of 5,000 square feet. Most of the terms of the 1990 CZA are
inapplicable to the current proposal in respect to the proposed single-family development. In
order to simplify and consolidate the agreement applicable to the subject property, a new
Concomitant Agreement superseding the 1990 Agreement (as amended) has been prepared
rather than amending the 1990 Concomitant Zoning Agreement as amended.
Table 1 (Exhibit F) summarizes the history of the concomitant agreement for the site and
summarizes the following: terms of the 1990 CZA; terms of Resolution 93-144; terms of the
applicant's request for amendment of the CZA; and the City staff recommendation regarding the
proposed new Concomitant Agreement.
The proposed Concomitant Agreement will supersede the 1990 Agreement as amended and will
result in the following actions summarized below and as described in detail in the proposed
Concomitant Agreement:
.
Elimination of reference to the 1989 building permit application filed with King County.
.
Elimination of the required 60-foot landscape buffer and solid board fence, adjacent to
single-family zoning. No perimeter landscape buffer is required by code, as the proposed
single-family housing is compatible with adjacent existing and proposed single-family uses.
.
The 60-foot building setback requirement along Campus Drive will be replaced with buffer
open space tracts along the SW Campus Drive frontage that average approximately 45 feet
in width, as depicted on the preliminary plat map.
Staff Report to the Hearing Examiner
Campus Crest Concomitant Zoning Agreement Amendment
Page 4
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EXH I B IT -1L-
PAG~ \.f OF= 10
II
.
Dedication of seven feet of right-of-way for Campus Drive along the property frontage and
frontage improvements to Campus Drive shall be designed and constructed as described in
the agreement.
.
Eliminate the 30-foot maximum building height requirement from the agreement; as this
standard is consistent with and repeats the 30-foot height regulation in FWCC.
.
Replace the maximum density of233 units on the 22.4-acre site (which equals 1 unit per
4,375 square feet of lot area), with a maximum of 114 single-family lots, each with a
minimum of 5,000 square feet.
.
Elimination of the 1990 provision requiring phased construction of no more than 100 units
per year.
.
Elimination of the 1990 provision requiring all units to be townhome/condominium type
units sold in condominium format, and allow development of 114 single-family units on
5,000 square-foot lots to be sold at market rate.
Clarify dedication, funding, and construction standards for 1 Oth/1 th A venue SW on the site
as depicted on the preliminary plat maps and as described in the agreement.
.
The proposed Concomitant Agreement under consideration constitutes an agreement that
modifies the permitted use On the property and sets development standards relating to project
mitigation, design standards, and development standards. As previously identified, the
agreement is being presented to the Hearing Examiner through the reZOne process as required by
the 1990 CZA. Ultimately, the development standards contained within the agreement shall be
consistent with the standards for the Campus Crest preliminary plat. The agreement and the
preliminary plat are mutually inclusive, in that as proposed, they must both be reviewed and
approved or denied concurrently.
CONSULTED DEPARTMENTS, AGENCIES, AND PUBLIC
The following departments, agencies, and individuals were advised of this application.
A.
B.
C.
Community Development Review Committee (CDRe), consisting of the Federal Way
Community Development Services Planning and Building Divisions; Public Works Engineering
and Traffic Divisions; Parks, Recreation, and Cultural Resources Department; Department of
Public Safety (Police); Federal Way Fire Department; Lakehaven Utility District; and Federal
Way Public Schools. CDRC comments have been incorporated into this report where applicable.
All property owners within 300 feet of the site were mailed notices of the complete preliminary
plat application and Concomitant Zoning Agreement amendment request on November 15,
2003. The City also conducted other public notice on November 15,2003, in accordance with
City code requirements.
In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18,
"Environmental Protection," all property owners and occupants within 300 feet of the site, and
all affected agencies, were notified of the proposed action and the City's environmental decision.
In addition, the site was posted and notice placed in the newspaper and on the City's official
notice boards.
Staff Report to the Hearing Examiner
Campus Crest Concomitant Zoning Agreement Amendment
Page 5
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EXH I B 11'---0--
PAGE 5" OF--ICL
III STATE ENVIRONMENTAL POLICY ACT
A.
The City of Federal Way issued a Mitigated Environmental Determination of Nonsignificance
(MONS) for the proposed action on September 29, 2004. This determination was based on review
of infonnation on file, including the environmental checklist, and staff evaluation of the
environmental checklist for Campus Crest preliminary plat, resulting in the conclusion that the
proposal would not result in probable significant adverse impacts on the environment proyided the
applicant complies with the mitigation measures in the MONS.
B.
No appeals of the environmental detennination were submitted to the City.
IV ANALYSIS OF DECISIONAL CRITERIA
The FWCC establishes review procedures and decisional criteria for deciding upon various types of
land use applications. Although the proposal is not a rezone, Section 8 of the 1990 CZA states: "the
agreement may be amended by the owners by filing an application therefore, which shall be
considered and heard in the same manner as a rezone of property." Therefore, pursuant to FWCC
Chapter 22, "Zoning," Section 22-488, the Hearing Examiner shall use the following criteria for the
requested CZA amendments:
(1) The City may approve an application for a quasi-judicial nonproject rezone only if it finds that:
a.
The proposed rezone is in the best interest of the residents of the City; and
Staff Comment: The proposal is not a rezone, but a request to amend a Concomitant Zoning
Agreement. The site will be developed in accordance with all applicable City codes and
policies. Development of the site in accordance with the proposed agreement and proposed
preliminary plat, which provides detached single-family market rate housing is in the best
interest of residents of the City. The proposed new Concomitant Agreement and associated
preliminary plat will provide new housing opportunities for the public, assist in meeting the
City's responsibilities under the state Growth Management Act related to housing targets,
and will extend, interconnect, and provide infrastructure to support the proposed
development in accordance with the City code and Comprehensive Plan.
b.
The proposed rezone is appropriate because either:
1.
Conditions in the immediate vicinity of the subject property have so significantly
changed since the property was given its present zoning and that, under those changed
conditions, a rezone is within the public interest; or
The rezone will correct a zone classification or zone boundary that was inappropriate
when established;
2.
Staff Comment: The proposal is not a rezone, but a request to amend a Concomitant Zoning
Agreement. The site conditions in the vicinity have changed since adoption of the original
CZA in 1990. First, the City of Federal Way has developed the adjacent BPA Corridor with
a multi-modal trail for public use. Second, Saghalie Middle School and Saghalie Park have
been constructed on 16 acres very near the subject property. The school and park
construction have resulted in roadway construction (SW 340th Street) that tenninates at the
west side of the proposed Wynstone preliminary plat site, and will be extended to the west
side of the Campus Crest, upon development of the Wynstone site. Third, the adjoining
Staff Report to the Hearing Examiner Page 6
Campus Crest Concomitant Zoning Agreement Amendment ËxH1ii3ït ID 29917 D
P AGE --.IL. 0 F --10..-
Orchid Lane plat has extended lOthl12th Avenue SW adjacent to a portion of the Campus
Crest site. Finally, the building permit application for the townhome/condominium project
identified and referenced in the 1990 CZA agreement has expired.
c.
It is consistent with the Comprehensive Plan;
Staff Comment: The subject property is designated multiple-family in the 2002
Comprehensive Plan. The new Concomitant Agreement will result in single-family
development on the site. Single-family housing is permitted in the multiple-family land use
designation. In addition, the proposal would result in construction of a segment of the
I Othll th Avenue SW corridor through the site, and extension of the east-west 10th Avenue
SW across the BP A corridor from Campus Highlands. Both the 10th/12th Avenue SW
Corridor and the east-west lOth Avenue SW extension are identified in the 2002
Comprehensive Plan.
d.
It is consistent with all applicable provisions of the chapter, including those adopted by
reference from the Comprehensive Plan; and
Staff Comment: The proposed preliminary plat associated with the new Concomitant
Agreement is being reviewed for compliance with all applicable City code requirements.
The City's Community Development Review Committee has reviewed the proposal in
relation to zoning code requirements and regulations. As proposed and recommended by
City staff, the proposed new Concomitant Agreement and associated preliminary plat will
comply with all applicable codes and regulations.
e.
It is consistent with the public health, safety, and welfare.
Staff Comment: The proposal is consistent with the public health, safety, and welfare, as it
provides for new single-family housing opportunities. In addition, the associated
preliminary plat includes construction of infrastructure necessary to serve the future
residents. The preliminary plat also provides for on-site open space, and fee-in-lieu of open
space as allowed by FWCC.
(2) The City may approve an application for a quasi-judicial project related rezone only if it finds
that:
a.
The criteria in subsection (c)(I) of this section are met; and
b.
The proposed project complies with this chapter in all respects; and
Staff Comment: The proposed preliminary plat associated with the new Concomitant
Agreement as recommended by City staff is being reviewed for compliance with all
applicable City Code requirements. The City's Community Development Review
Committee has reviewed the proposal in relation to zoning code and subdivision code
requirements and regulations. As proposed and recommended by City staff, the proposed
new Concomitant Agreement and associated preliminary plat will comply with all
applicable codes and regulations.
c. The site plan of the proposed project is designed to minimize all adverse impacts on the
developed properties in the vicinity of the subject property, and
Staff Report to the Hearing Examiner
Campus Crest Concomitant Zoning Agreement Amendment
Page 7
o3ÊoXH!Bif~
PAGE .-=t-OF --I£L
Staff Comment: The proposed site plan minimizes adverse impacts on developed properties
in the area. The proposed Campus Crest single-family plat is adjacent to single-family
development across the BP A, and adjacent to the single-family portion of the Wynstone
preliminary plat to the west. The SErA MDNS issued on September 29,2004, includes
mitigation measures for traffic impacts, erosion impacts, and off-site transportation impacts.
d.
The site plan is designed to minimize impacts upon the public services and utilities; and
Staff Comment: The proposed Concomitant Agreement as recommended by staff allows for
single-family housing rather than the current CZA which allows only
townhouse/condominium format housing. The proposed Concomitant Agreement results in
a reduction in density on the site from 233 potential units to a maximum of 114 single-
family units on the site, and the proposal will result in less impact on public services and
utilities than would result under the existing CZA provisions and density allowance. The
proposal also includes construction of utility and roadway improvements commensurate
with the proposal and these improvements will mitigate impacts to public services and
utilities.
e.
The rezone has merit and value for the community as a whole.
Staff Comment: The proposal is not a rezone, but a request to amend a Concomitant Zoning
Agreement. The new Concomitant Agreement, if approved, will result in development of
single-family housing in accordance with applicable City standards, rather than
townhome/condominium housing as currently pennitted in the 1990 CZA as amended. The
proposal will include construction of required utility and roadway improvements. By
providing new development in accordance with FWCC standards including compliance
with open space provisions, payment of school impact mitigation and traffic mitigation
fees, providing market rate housing, and construction of utilities and roadway
improvements, the proposal has merit and value to the community as a whole.
v
FINDINGS OF FACT AND CONCLUSIONS
Based on an analysis of the proposed action, environmental record, and related decisional criteria, the
Department of Community Development Services finds that:
1.
The application is for revision to a Concomitant Agreement between the City of Federal Way
and Polygon, for a 22.4-acre parcel of property known as the Campus Highlands Townhome
property, Parcel 7, located along the south side of S W Campus Drive at approximately the 700
block.
2.
The site is zoned RM-3600*. Single-family use on lots a minimum of 5,000 square feet are
permitted in the RM-3600 zone.
3.
The 1990 Concomitant Agreement as amended allows only townhome/condominium housing on
the site and the agreement also contains development standards for the site pertaining to the
following: status of a 1989 building penn it application at King County, landscape standards
abutting single-family zoning; building setbacks along Campus Drive; required improvements to
Campus Drive; building height; maximum density of233 units; phased construction; housing
type; and 1 Oth/l th Avenue corridor dedication.
Staff Report to the Hearing Examiner
Campus Crest Concomitant Zoning Agreement Amendment
Page 8
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4.
The 1990 CZA was amended in 1993 by City Council Resolution 93-144. The effect of
Resolution 93-144 was to modify terms of the 1990 agreement in regard to landscape buffering
adjacent to single-family zoning, and clarify provisions regarding timing and funding for the
construction of loth Avenue SW.
5.
Pursuant to Section 8 of the 1990 CZA, the agreement may be amended by the owners by filing
an application therefore, which shall be considered and heard in the same manner as a rezone of
property.
6.
The Campus Crest preliminary plat application for the subject project (parcel 7) includes
development of the site with 114 single-family residential lots. Most of the terms of the 1990
CZA are inapplicable to the current proposal in respect to proposed single-family development.
In order to simplify and consolidate the agreement applicable to the subject property, a new
Concomitant Agreement superseding the 1990 Agreement (as amended) has been prepared
rather than amending the 1990 Concomitant Zoning Agreement as amended.
7.
The proposed Concomitant Agreement is being reviewed concurrently with the Campus Crest
preliminary plat application.
8.
If approved, the proposal will result in a new agreement that allows single-family use on the
property with 5,000 square-foot lots. In addition, the new agreement modifies and memorializes
terms of the agreement in regard to the following subjects: status of building pennit application;
landscape standards abutting single-family zoning; building setbacks along Campus Drive;
required improvements to Campus Drive; building height; maximum density; phased
construction; housing type; and 10th/12th A venue corridor dedication and construction, as fully
described in the new Concomitant Agreement.
9.
The development standards of the proposed Campus Crest preliminary plat shall be consistent
with the standards contained in the agreement. The agreement and the preliminary plat are
mutually inclusive, in that as proposed, they must both be reviewed and approved or denied
concurrently.
10. An Environmental Mitigated Determination of Nonsignificance (MONS) was issued for this
proposed action on September 29,2004. The City received no appeals of the SEPA
determination and the SEP A appeal period has expired.
11. The proposal has been reviewed for compliance with Federal Way City Code and the Federal
Way Comprehensive Plan. The proposal meets the decisional criteria for the rezone process in
FWCC Section 22-488 as discussed in Section IV above.
VI RECOMMENDA nON
Based on review of this application, environmental record, and pertinent decisional criteria, the
Department of Community Development Services recommends approval of the new Concomitant
Agreement, subject to approval of the Campus Crest preliminary plat.
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EXHIBIT ----'L-
I:JAGE.._~OF ---1lL-
StatfReport to the Hearing Examiner
Campus Crest Concomitant Zoning Agreement Amendment
VII LIST OF EXHIBITS
A.
B.
C.
D.
E.
F.
Master Land Use Application
Concomitant Agreement Revision Request, revised April 21, 2004
Draft Concomitant Agreement
1990 Concomitant Agreement
Resolution 93-144, with Hearing Examiner's Recommendation and Staff Report
Table 1, Summary of Agreement History
Note: Copies of exhibits are not attached to all copies of this report. All exhibits have been
provided to the Hearing Examiner.
TRANSMITTED TO THE PARTIES LISTED HEREAFTER:
Federal Way Hearing Examiner
Applicant Agent - Triad Associates
Applicant
Staff Report to the Hearing Examiner
Campus Crest Concomitant Zoning Agreement Amendment
Page 10
03-104311-00-UP/DocID29917
EXHIBIT ~
PAGE -'CLOF ---10-
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS THE CAMPUS CREST PRELIMINARY PLAT AND
CONCOMITANT ZONING AGREEMENT FOR PARCEL 7,
FEDERAL WAY FILE NO's.O3-104293-00-SU and 03-104311-ØO-UP.
WHEREAS, the developer, Campus Crest LLC, applied to the City of Federal Way for preliminary plat
approval to subdivide certain real property known as Campus Crest and consisting of 22.4 acres into 114
single-family lots generally south of SW Campus Drive at the 700 SW block; and
WHEREAS, the developer, Campus Crest LLC, applied to the City of Federal Way to modify the tenus
and conditions of a 1990 Concomitant Zoning Agreement (as amended by Resolutions) applicable to the
subject property, to allow the subject property to be developed with single-family residential development and
clarify the status of the building pennit application, landscape standards abutting single-family zoning, building
setbacks along Campus Drive, required improvements to Campus Drive, building height, maximum density of
233 units, phased construction, and 10th Avenue corridor dedication; and
WHEREAS, on September 29,2004, an Environmental Mitigated Determination of Non significance
(MDNS) was issued by the Director of Federal Way's Department of Community Development Services
pursuant to the State Environmental Policy Act (SEP A), RCW 43.21 C; and
WHEREAS, no appeals on the MDNS were submitted to the Department of Community Development
Services; and
WHEREAS, the Federal Way Hearing Examiner, on January 25,2005, held a public hearing concerning
the Campus Crest preliminary plat and Concomitant Zoning Agreement; and
WHEREAS, following the conclusion of said hearing, on February 8, 2005, the Federal Way Hearing
Examiner issued a Report and Recommendation containing findings and conclusions, and recommending
approval of the preliminary plat of the Campus Crest preliminary plat subject to conditions set forth therein;
and
Res. #
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EXHIBIT r
PAGE----LOF ~
WHEREAS, following the conclusion of said hearing, on February 8, 2005, the Federal Way Hearing
Examiner issued a Report and Recommendation containing findings and conclusions, and recommending
approval of the Campus Crest Concomitant Zoning Agreement; and
WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of
the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and
WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 8 of the
1990 Concomitant Zoning Agreement and Section 22-488 et al of the Federal Way City Code to approve,
deny, or modify a concomitant zoning agreement pursuant to the rezone procedure; and
WHEREAS, on February 28,2005, the City Council Land Useffransportation Committee considered
the record and the Hearing Examiner recommendation on the Campus Crest preliminary plat and Concomitant
Zoning Agreement, pursuant to Chapters 20 and 22 of Federal Way City Code, Chapter 58.17 RCW, and all
other applicable City codes, and voted to forward a recommendation for approval of the proposed Campus
Crest preliminary plat and Concomitant Zoning Agreement to the full City Council, with no changes to the
Hearing Examiner recommendations; and
WHEREAS, on March 15,2005, the City Council considered the record and the Hearing Examiner
recommendations on the Campus Crest preliminary plat and Concomitant Zoning Agreement, pursuant to
Chapters 20 and 22 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes.
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. Adoption of Findings of Fact and Conclusions.
1.
The findings of fact and conclusions of the Hearing Examiner's February 8,2005, Campus
Crest Preliminary Plat Report and Recommendation, and the findings offact and conclusions of the Hearing
Examiner's February 8,2005, Campus Crest Concomitant Zoning Agreement Report and Recommendation,
attached hereto as Exhibits A and B and incorporated by this reference, are hereby adopted as the findings and
conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion
deemed to be a finding, shall be treated as such.
Res. #
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2.
Based on, inter alia, the analysis and conclusions in the Staff Reports and Hearing Examiner's
recommendations, and conditions of approval as established therein, the proposed subdivision makes
appropriate provisions for the 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 waste, parks and
recreation, play grounds, schools and school grounds, and all other relevant facts as are required by City code
and state law, and provides for sidewalks and other planning features to assure safe walking conditions for
students who walk to and from school.
3.
The public use and interest will be served by the preliminary plat approval and Concomitant
Zoning Agreement granted herein.
Section 2. Preliminarv Plat Application Approval. Based upon the recommendation of the Federal Way
Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately
above, the Campus Crest preliminary plat, Federal Way File No. 03-104293-00 SO, is hereby approved,
subject to conditions as contained in the February 8,2005, Report and Recommendation of the Federal Way
Hearing Examiner (Exhibit A).
Section 3. Concomitant Agreement Approval. Based upon the recommendation of the Federal Way
Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately
above, the Campus Crest Concomitant Agreement for parcel 7, Federal Way File No. 03-104311-00 UP, is
hereby approved, as contained in the February 8, 2005 Report and Recommendation of the Federal Way
Hearing Examiner (Exhibit B).
Section 4. Conditions of Approval Integral. The conditions of approval of the preliminary plat and
Concomitant Zoning Agreement are all integral to each other with respect to the City Council finding that the
public use and interest will be served by the platting or subdivision of the subject property. Should any court
having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the
proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat
shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of
any condition or conditions and conduct such additional proceedings as are necessary to assure that the
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EXH I B IT --E-
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proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors
as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such
recommendation to the City Council for further action.
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 completed execution of
the Campus Crest Concomitant Agreement.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS_DAY OF
,2005.
CITY OF FEDERAL WAY
MAYOR, DEAN MCCOLGAN
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
ApPROVED As To FORM:
CITY ATTORNEY, PATRICIAA. RiCHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION No.
EXHIBIT f
PAGE~OF .!::l-
Res. #
, Page 4
CONCOMITANT AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY AND CAMPUS CREST LLC FOR
DEVELOPMENT OF CAMPUS HIGHLANDS TOWNHOME PROPERTY (PARCEL 7)
JANUARY _,2005
The City of Federal Way ("City") and Campus Crest LLC, ("Owner"), a Washington limited
liability corporation, collectively referred to herein as "the Parties", enter into the following
concomitant agreement ("Agreement") replacing an earlier concomitant agreement, changing the
allowed use under that earlier agreement, and defining the necessary right-of-way improvements
associated with the development of a parcel of property, specifically described below in Section 2
("Parcel 7").
WHEREAS, the City of Federal Way, Washington, a non-charter optional municipal code
city incorporated under the laws of Washington, has authority to enact laws and enter into
agreements to promote the public health, safety, and general welfare of its citizens and thereby
control the use and development of property within its jurisdiction; and
WHEREAS, a concomitant agreement was entered into between the City and the previous
owners, Polygon 2000 and Quadrant Corporation, in February 1990 regarding the zoning of
Campus Crest Property Parcel 7; and
WHEREAS, an additional amendment to the 1990 concomitant agreement via Resolution
93-144 altered the original conditions applicable to Parcel 7; and
WHEREAS, various terms of the 1990 concomitant agreement as amended are no longer
applicable to the proposed use and development of Parcel 7; and
WHEREAS, the Owner desires to develop Parcel 7 in a manner different than what is
allowed in the 1990 concomitant agreement as amended and has initiated a discussion with the City
with respect to amending the 1990 concomitant agreement; and
WHEREAS, both Parties agree that a new Agreement is appropriate; and
WHEREAS, the City wishes to preserve its rights under the 1990 concomitant agreement as
amended, including development being restricted to residential use, predetermined buffer area,
maximum density requirements, and right-of-way improvements; and
NOW THEREFORE, in consideration of the mutual promises and obligations set forth
herein, it is hereby covenanted and agreed by and between the Parties hereto as follows:
1. Description of Agreement. This Agreement is a concomitant agreement that allows for a
change in the allowed use of certain property subject to a previous concomitant agreement, as well
as, development standards and conditions governing the use of the property. The Agreement
provides the developer with certainty regarding the local regulations and mitigation requirements
that will govern development [or a specified project. The concomitant agreement is a condition to
and limitation upon the change of use of the property, if adopted by the City Council. That is, if the
allowed use is changed subject to concomitant agreement, its use and development is restricted both
EXHIBIT F.
PAGE .-L-OF --!-
by the regulations applicable to the underlying zoning classification and the provisions of the
concomitant agreement, and where deyelopment standards in the agreement are more rcstrictive,
they govern property development. The development 0 f the property is conditioned and limited by
the concomitant agreement. This Agreement supersedes the 1990 concomitant agreement as
amended by Resolution 93-144 as it applied to Parcel 7.
2. Location. Campus Crest LLC is the owner of certain real property, King County tax parcel
numbers 192104-9008 and 192104-9043, situated in Federal Way, Washington, located along the
west side of SW Campus Drive south of the intersection at 10th Avenue SW ("Parccl 7"). Parcel 7
is more particularly described on Exhibit A attached hereto and incorporated herein by this
reference.
3. Project Description. The Project consists of development of 114 single-family lots as
depicted on the Development Plan, attached hereto as Exhibit B (the "Development Plan").
4. Concomitant Agreement. If the allowed use of Parcel 7 is changed from multi-family to
single-family by the Federal Way City Council, Owner and the City agree that Parcel 7 may be
developed only in accordance with the standards and mitigation set forth in the Agreement. Parcel
7 shall be developed as described in the Agreement, and as depicted in the Development Plan. The
allowable use of the property shall be limited to that described in the Agreement. All development
standards, including mitigation, identified in the Agreemcnt shall apply to property development.
No development on Parcel 7 shall be inconsistent with the Agreement or City Code. Parcel 7 is
subject to the Agreement, and shall be developed only in accordance with the development
standards identified within the Agreement, including the Development Plan, unless and until the
Agreement is amended or rescinded, as authorized by the City.
5.
Development of Property.
5.1 Permitted Uses. Owner covenants and agrees that it will limit any use of Parcel 7 to
single-family residences, as depicted in the Deyelopment Plan, attached as Exhibit B.
5.2 Relationship Between City Deyelopment Regulations and Development Standards
Identified in Agreement. Development Regulations include all provisions of the Federal
Way City Code (FWCC), including without limitation FWCC Chapters 18 through 22. The
Agreement establishes site-specific development standards, including mitigation. Property
development shall be consistent with both development regulations and the development
standards identified in the Agreement. Where the development standards in the Agreement
are more restrictive, they shall govern development of Parcel 7, as specified herein.
6. Development Standards, Including Mitigation. The Project shall be consistent with all
specified development standards. Owner shall construct, install or implement, as part of Project
construction, all mitigation required by the Agreement.
6.1
Project Design and Site Configuration.
6.1.1 Pernlitted Deyelopment. Owner agrees that deyclopl1lent shall be of
single-family residences only. No other development will be allowed without an
amendment to this Agreement. EXHIBIT _L
PAGE ~ OF ~
2
6.1.2 Buffer Open Space Tract. Owner agrees to provide an open space tract,
averaging 45 feet in width along S W Campus Drive, as depicted in the Development
Plan, attached as Exhibit B. City agrees that up to two percent (2%) of this tract will
qualify as buffer open space under FWCC 20-155.
6.1.3 Maximum Density. The maximum density for Parcel 7 shall be 114 single-
family lots, as depicted in the Development PIan, attached as Exhibit B.
6.2 Right-of-way Improvements. Owner shall perform, as part of Project construction
and prior to issuance of final plat approval unless otherwise noted, the following right-of-
way improvements described in the attached Exhibit C as required and approved by the
Director of Public Works.
6.2.1
lih Avenue SW. The portion of lih Avenue SW located within Parcel 7:
a. Dedicate 14 feet of Right-of-Way to the City. Right-of-Way dedication to be via
Statutory Warranty Deed.
b. Provide street improvements for the east side of the right-of-way: six-foot
planter strip with street trees and street lights, eight-foot concrete sidewalk, and
three-foot utility strip.
6.2.2
SW Campus DriYe. SW Campus Drive, along Parcel 7 frontage:
a. Dedicate seven feet of Right-of-Way to the City. Right-of-Way dedication to be
via Statutory Warranty Deed.
b. Construct additional asphalt paving to widen SW Campus Drive to provide for a
full-width Section 'E' Roadway per City Standards, complete with concrete curb
and gutter, six-foot planter strip with street trees and street lights, eight-foot
concrete sidewalk, and three-foot utility strip.
c. Provide sufficient new roadway tapers and transitions from the widened paved
edge at the property boundary.
7. Other Project Review Processes. The Project will be subject to preliminary plat
approval, engineering plan review, final plat approval, and any other applicable review
processes. The final design of the buildings and other improvements, precise location of
building footprints, location of utilities, determination of access points, and other design
issues win be determined during that process and must be consistent with the Agreement
and the Development Plan.
8. Waiver and Mutual Release of Claims of Invalidity. The City and Owner acknowledge
and represent that the terms of this Agreement have been jointly negotiated and that each party
enters into this Agreement yoluntarily. Further, Owncr and the City agree that this Agreement is
authorized under law and each party waives any claim that the Agreement is invalid or illegal. The
agreements and representations in this Section are material to this Agreement and are being relied
upon by both Parties.
3
EXHIBIT f
PAGE ~ OF ~
9.
General Provisions.
9.1 Binding on Successors.
9.1.1 The Agreement shall bind and inure to the benefit of the Parties and their
successors in interest, and may be assigned to any successor in interest to the Project
property.
9.1.2 This Agreement is intended to protect the value of, and facilitate the use and
development of, Parcel 7 and to protect the public health, safety, and welfare of the
City. Therefore, the covenants set forth herein shall be construed to and do touch
and concern Parcel 7 and the benefits and burdens inuring to Owner and to the City
from this Agreement shall nm with the land and shall be binding upon Owner, its
heirs, successors, and assigns, and upon the City.
9.2 Governing Law. This Agreement shall be governed by and interpreted in accordance
with the laws of the State of Washington. Venue for any action to enforce the tenus of this
Agreement shall be in King County Superior Court.
9.3 Severability. The provisions of this Agreement are separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the
invalidity of the application thereof to any person or circumstance, shall not affect the
validity of the remainder of this Agreement, or the validity of its application to other persons
or circumstances.
9.4 Authority. The City and Owner each represents and warrants to the other that it has the
respective power and authority, and is duly authorized, to execute and deliyer this
Agreement and that the persons signing on its behalf are duly authorized to do so. Owner
further represents and warrants that it is the fee owner of Parcel 7, that it has authority to
agree to the covenants and provisions contained herein, and that there are no other persons,
entities, or parties with any fee interest in Parcel 7.
9.5 Amendment. This Agreement may be modified only by written instrument authorized
by the City Council and duly executed by the City Manager and Owner, and their successors
and assigns; provided, however, notwithstanding the provisions of this Agreement to the
contrary, the City of Federal Way may, without the agreement of Owner, adopt and impose
upon Parcel 7 restrictions and development regulations different than those set forth herein,
if required by a serious threat to public health and safety. Moreover, five years after the date
of the execution of the Agreement, the City may elect, without the agreement of Owner, to
apply development regulations in effect at that time to any development within the scope of
the Agreement that is not vested at that time, pursuant to the prior submittal to the City of a
complete building remit application.
9.6 Exhibits. All exhibits attached hereto are incorporated herein by this reference as if fully
set forth herein.
4
EXHIBIT t-
PAGE~OF ~
9.7 Headings. The headings in this Agreement are inserted for reference only and shall not
be construed to expand, limit or otherwise modify the terms and conditions of this
Agreement.
9.8 Integraticm; Scope of Agreement. This Agreement and its exhibits represent the entire
agreement of the Parties with respect to the subject matter hereof. There are no other
agreements, oral or written, except as expressly set forth herein. This Agreement does not
set forth all conditions applicable to the Project to the extent that additional conditions may
be imposed as part of any permit issued by the City, as required by the Federal Way City
Code as determined by the discretion of the Directors of the Departments of Community
Development Services and/or Public Works.
9.9 Enforcement. Subject to the notice and cure provisions of this section, in the event
either party fails to satisfy any of its obligations under this Agreement, the other party shall
have the right to enforce this Agreement by an action at law for damages or in equity for
specific performance. The Parties acknowledge that damages are not an adequate remedy
for breach by either party. In addition to the remedies set forth herein, in the event of a
material breach of this Agreement by Owner, and after notice to the Owner and an
opportunity for Owner to cure the breach as set forth below, the City may enforce this
Agreement under the enforcement provisions of the Federal Way City Code in effect at the
time of the breach, and/or it may tenninate this Agreement and take action to amend the
Comprehensive Plan and zoning designation of the Parcel 7. No party shall be in default
under this Agreement unless it has failed to perform its duties or obligations under this
Agreement for a period of thirty (30) days after written notice of default from the other
party. A notice of default shall specify the nature of the alleged default and the manner in
which the default may be cured. If the nature of the default is such that it cannot be
reasonably cured within thirty (30) days, then a party shall not be deemed in default if the
party commences a cure within thirty (30) days and, thereafter, diligently pursues
completion of the cure.
9.10 Attorneys Fees. In any action brought to enforce this Agreement or for damages
resulting from a breach thereof, the preyailing party as determined by the court, shall be
entitled to recover its reasonable attorneys' fees.
9.11 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or
limit the police powers of the City granted by the Washington State Constitution or by
general law. This Agreement is an exercise of the City's police powers, the authority
granted under RCW 36. 70B.170-.21 0, and other laws.
9.12 Recording; Assignment. The Agreement shall be recorded with the Real Property
Records Division of the King County Records and Elections Department.
9.13 No Third Parties. The Agreement is made and entered into for the benefit of the
parties hereto and their successors and assigns. No other person or entity is an intended
third party beneficiary. No other person or entity shall have any right of action under this
Agreement.
5
EXHIBIT' F
PAGE ç OF ~
IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year
indicated.
CITY OF FEDERAL WAY,
a Washington municipal corporation
CAMPUS CREST LLC
a Washington limited liability corporation
BY:
BY:
David H. Moseley, City Manager
Date:
Date:
ATTEST: This - day of January 2005.
N. Christine Green, CMC
Federal Way City Clerk
Approved as to Form
for City of Federal Way:
Approved as to Form
for Campus Crest LLC:
Patricia A. Richardson, City Attorney
Richard R. Wilson, Attorney
for Campus Crest LLC
STATE OF W ASHlNGTON
)
)ss.
)
COUNTY OF KING
On this day, personally appeared before me, the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn, to me known to be
the of Campus Crest LLC, a Washington corporation, the corporation that executed the
within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that
he/she is authorized to execute said instrument on behalf of said corporation.
Given under my hand and official seal this - day of
,2005.
(notary signature)
(typed/printed name of notary)
Notary Public in and for the State
of Washington.
My commission expires:
EXHIB}T E
PAGE ~ OF~
K:\CD\Camplis Crest Concomitant
6
EXHIBIT A
TO CON COM IT ANT AGREEMENT
LEGAL DESCRIPTION OF PARCEL 7
7
EXHIBIT F
PAGE---=t-OF --'-
EXHIBIT B
TO CONCOMiTANT AGREEMENT
DEVELOPMENT PLAN
8
EXHIBIT F
PAGE----Î-OF ~
EXHIBIT C
TO CONCOMITANT AGREEMENT
SECTION 6.2 RIGHT-OF-WAY IMPROVEMENTS
9
EXHIBIT ~
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City Council
AGENDA BILL
SUBJECT:
Colella Estates Final Plat, File No. 04-I031O7-00-SU
CATEGORY: BUDGET IMPACT:
C8J CONSENT D ORDINANCE Amount Budgeted: $0.00
D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $0.00
D CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $0.00
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ATTACHMENTS: Memorandum to City Council Land Userrransportation Committee for March 1, 2005, City
Council Land Userrransportation Committee for the Februaty 28, 2005, meeting; Colella Estates Final Plat Staff
Report, dated February 22, 2005, with exmbits including Reduced Scale Final Plat Map; Vicinity Map; City Council
Resolution #04-407 approving the Colella Estates Preliminary; and proposed City Council resolution approving the
Colella Estates Final Plat.
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SUMMARYIBACKGROUND: The applicant requests approval ofthe Colella Estates Final Plat, an 86-10t single
family residential cluster and conventional subdivision, as provided for under Federal Way City Code (FWCC)
Chapter 20, "Subdivisions," subject to City Council approval. The Colella Estates Preliminary Plat was approved by
City Council Resolution #04-407 on Januaty 7, 2004-
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CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC voted on Februaty 28,2005, to forward a
recommendation to the City Council approving the Colella Estates Final Plat Resolution, and place the item on the
City Council March 15, 2005, consent agenda.
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PROPOSED MOTION: I move approval of the Colella Estates Final Plat.
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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 #
Doc. I.D. 30720
III. REASON FOR COUNCIL ACTION
The final decision for final plats rests with the City Council in accordance with FWCC § 20-
136(b). Bringing this matter before the City Council Land UsefTransportation 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 UsefTransportation Committee forward to the City Council, and place
on the March 15,2005, City Council consent agenda, a recommendation approving the
Colella Estates Final Plat Resolution.
ApPROVAL OF COMMITTEE REPORT
JaêkDovey, Chair
Michael Park, Member
Eric Faison, Member
Colella Estates Final Plat Application
Land Use!fransportation Memorandum
File #O4-IO31O7-OO-SU I Doc. J.D. 30452
Page 2
~ í=ëderal Way
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
STAFF REPORT
Request for Final Plat Approval
I.
COLELLA ESTATES FINAL PLAT
Application No. 04-103107-00-SU
RECOMMENDATION
The City of Federal Way staff has reviewed the final plat of Colella Estates for compliance with
preliminary plat conditions and all applicable codes and policies, and recommends approval of the
final plat application.
II. GENERAL INFORMATION
Date:
Request:
Description:
Owner:
Agent:
Engineer:
Location:
February 22, 2005
Request for City Council approval of the Colella Estates final plat application,
pursuant to Federal Way City Code (FWCC) Chapter 20, "Subdivisions."
Colella Estates is a subdivision of approximately 59 acres into 86 single family
residential lots (Exhibit A, Final Plat Map). The 86-10t subdivision encompasses 42
lots in a conventional subdivision, and 44 lots in a cluster subdivision, pursuant to the
City's subdivision code as vested. The conventional lots are located generally within
the southeast portion of the overall site and the cluster lots are located generally
within the northerly portion of the site. The subdivision sets aside 57 percent of the
total 59-acre site (or 33.61 acres) in pennanent conservation and usable open space.
SBI, LLC Land Development
PO Box 73790
Puyallup, W A 98373
Kurt Wilson, SBI, LLC Land Development
Same as above
Touma Engineers & Land Surveyors
6632 South 19151 Place, Suite E-I02
Kent, W A 98032
The site is located in the northwest portion of the City, between SW 309th Street and
SW 316th Street, at 30th and 2ih Avenues SW, with the majority of the lots located
north ofSW 312th Street, in Section 12 Township 21 North, Range 3 East W.M.
(Exhibit E, Vicinity Map).
Site Access:
Access to the subdivision site has been provided by extending existing streets,
including 30th Avenue SW, 2ih Avenue SW, SW 3l2th Street, and SW 3l51h Street,
and by constructing new public streets within the plat, including SW 309th Street,
SW 31 Oth Street, and SW 3lllh Street.
Sewage
Disposal:
Lakehaven Utility District
Water
Supply:
Lakehaven Utility District
Fire
District:
King County Fire District No. 39
School
District:
Federal Way Public School District No. 210
Report
Prepared By: Lori Michaelson, AICP, Senior Planner
III. HISTORY AND BACKGROUND
The Colella Preliminary Plat was granted approval by the Federal Way City Council on January 7,
2004, per City Council Resolution #04-407. Attached are the Collella Estates preliminary plat
resolutÌon and preliminary plat map (Exhibits C and D, respectively).
As noted above, the 59-acre Colella Estates site contains both a conventional and a cluster
subdivision, pursuant to the City's subdivision code. I A 13.86-acre portion of the site is zoned RS
7.2 and approved for a conventional subdivision. The remaining 45 acres is zoned RS 15.0 and
approved for a cluster subdivision. The conventional portion includes Lots #1 - #42 and the cluster
portion includes Lots #43 - #86. Lot sizes in the conventional portion range from 7,200 square feet
(SF) to 13,538 SF, with an average lot size of approximately 7,500 SF. This meets or exceeds,the
minimum lot size of 7,200 SF as required by the underlying zoning, Lots sizes in the cluster portion
range from 7,500 to 10,200 SF, with an average lot size of approximately 8,000 SF. This meets and
exceeds code provisions for reducing lot sizes in cluster subdivisions (FWCC § 20-154).2 The
number oflots in the cluster subdivision (44) also confonns to the density provisions of the
subdivision code by not exceeding the number of lots that would otherwise be allowed for a
conventional subdivision of the same gross land area, or 85 lots.3
I The Colella Estates plat is vested to a previous subdivision code which was in effect on June 30, 1999, the dale of complete
rreliminary plat application,
Pursuant to the subdivision code to which the plat is vested, lots in cluster subdivisions may be reduced in size by up to half of
the underlying minimum lot size, but in no case smaller than 3,600 square feet.
3 The total, number of lots permitted is calculated by subtracting required open space (15%) and streets (20%) from the gross land
area, then dividing by the minimum lot size of the underlying zoning district.
Colella Estates Final Plat
Final Plat Staff Report
File #O4-103107-OO-SU I Doc. LD, 30449
Page 2
The owner applied for final plat approval on August 4, 2004. At this time, all required plat
infrastructure improvements have been completed or are financially secured, in accordance with
approved engineering and landscape plans, and the subdivisi-on code requirements for plat expiration
and completion of plat improvements.4 Unfinished improvements that are bonded and must be
installed within six months of final plat approval include landscaping (site-wide); improvements to
usable open space tracts, such as playground equipment, benches, and informal trails; installation of
remaining required street lights; signage for sensitive areas; signage at the northerly tenninus of 30lh
Avenue SW indicating future street extension; and bollards to block vehicle access to mid-block
pedestrian pathways.
The final plat map (Exhibit A) reflects certain minor changes from the preliminary plat (Exhibit D).
Principally, the changes affected the locations of seven lots and some aspects of usable open space.
The changes were driven by Condition #11 of preliminary plat approval, whereby construction of
seven lots located near the Joe's Creek slope was prohibited until completion of a five-year
geotechnical monitoring period and assurance of no adverse impact to the slope resulting from storm
water migration from the adjacent infiltration pond (Tract D). Condition #11 also noted that the
applicant may seek alternative designs to eliminate the need for the condition. Therefore, the
applicant relocated the seven "at risk" lots to areas that are unencumbered by geotechnical concerns,
with the concurrence of the geotechnical engineer. Five of the seven lots were moved to adjacent
blocks within the cluster portion of the plat (at SW 3091h/31 Olh/and 311 Ih Streets), and two were
moved to the conventional/southerly most portion of the plat (along 30lh Avenue SW).
Consistent with the approved preliminary plat, the final plat maintains 57 percent of the 59-acre site, or
33.61 acres, in total open space. This significantly exceeds the 15 percent open space requirement for
the plat, or 8.88 acres. Eight of the total 33.61 acres is maintained in usable open space interspersed
across the site, including about six acres in play areas (Tracts L, C, F, and a portion of Tract G) and the
remaining two acres in an extensive system of fonnal and informal pedestrian pathways and trails. In
addition, Tracts Land C will be improved with structured playground equipment, sport court, and
benches, and additional benches will be provided at various locations along the trails.
Although the above-noted relocation of seven lots resulted in a slight reduction of total usable open
space as required and approved, from 8.8 acres to 8 acres,5 the P ARCS Director approved the
. changes6 as meeting the recreational needs of residents and in fact improving the open space plan.
Specific changes to usable open space resulting from relocating the seven "at risk" lots include the
addition of a large, usable tract in the cluster portion of the plat (Tract L), and redesign of usable
open space in the area south of South 3141h Street (Tract E). The P ARCS Director determined that
these changes improve the previous plan by adding a major, centrally-located play area in proximity
to the cluster lots. The director also deemed the Tract E open space to be sufficient to serve the lots
in that area,7 and to be more suitably located and sized for usable open space, given its new location
(away from a street comer) and reconfiguration (from an irregular shape to a rectangle shape).
4 FWCC § 20-131, "Duration of Approval," provides that the preliminary plat shall expire unless plat improvements are
substantially completed within five years of preliminary plat approval. FWCC § 20-135, "Improvements-Completion or
Guarantee," requires final plat improvements to be complete or otherwise secured for completion within six months of final plat
approval. .
sA total of 8.8 acres of usable open space is required for the plat which includes 6,7 acres (15%) for the 45-acre cluster portion
and 1.4 acres (10%) for the 13,86-acre conventional portion; however, open space category percentages can be modified by the
Parks Director pursuant to FWCC § 20-155.
6 FWCC § 20-155 allows the Parks Director to alter the open space category percentage requirements based on certain criteria,
provided the total combined amount of all on site open space categories is not less than 15 percent of the gross land area of the
subdivision site.
7 Tract E contains.33 acres of usable open space in close proximity to the adjacent Lots #1-6,
Colella Estates Final Plat
Final Plat Staff Report
File #04-IO3107-OO-SU I Doc.l.D, 30449
Page 3
The changes to the final plat are minor changes that do not affect the principle components of the
approved preliminary plat, including the number of lots, lot design, minimum lot size, access,
vehicle and pedestrian circulation, right-of-way improvements, surface water facilities and utilities,
clearing and grading, or adequate open space. The relocation of the seven "at risk" lots to
"buildable" areas of the site is a more efficient and predictable use of land and construction
resources. The open space changes have been reviewed and approved by the P ARCS Director.
Pursuant to RCW 58.17.110 and FWCC § 20-136, the City Council is charged with determining
whether: I) the proposed final plat is in substantial conformance to the preliminary plat and to all
conditions of preliminary plat approval; 2) 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) all
taxes and assessments owing on the property have been paid; and 4) all required improvements have
been made or sufficient security has been accepted by the City.
City of Federal Way staff has reviewed the Colella Final Plat for compliance with preliminary plat
conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions
have been met or are financially secured as allowed by FWCC § 20-135. A proposed resolution of the
City of Federal Way to approve the final plat of Colella is enclosed (Exhibit E).
IV. COMPLIANCE WITH SEP A CONDITIONS
The following lists the SEP A conditions of the Mitigated Environmental Determination of
Nonsignificance (MDNS) issued on May 24, 2003, for the Colella Estates Preliminary Plat. As noted
in the associated staff responses, all SEP A conditions of approval have been met.
1.
As required by the Public Works Director, prior to final plat approval, the applicant shall
prepare and submit to the City a monitoring plan, prepared by a qualified professional, to
monitor any increase in groundwater or seepage, or slope movement within the Joe's Creek
ravine associated with the Tract D infiltration pond. At a minimum, the plan shall include
performance goals and objectives, detailed monitoring and reporting activities, and a
monitoring timeline. No development of Lots 68 - 74 (above Joe's Creek) shall be allowed
until the monitoring is complete and the buildability of the lots is determined, along with any
additional mitigation measures that may be required for lot development and/or storm facility
retrofit and/or associated environmental compliance as applicable. The lots will be determined
buildable if the monitoring plan substantiates that the development will have less than a 25
percent chance of failing by collapsing, or becoming dangerous and/or uninhabitable within a
50 year time period due to slope movement. The monitoring program shall commence after the
drainage basin serving Tract D is 80 percent built-out and shall continue for three to five years,
as determined by the City depending on monitoring results, and shall include at least two wetter
than normal winters. Pursuant to the FWCC, the City will retain a qualified professional at the
applicant's expense to review the plan and monitoring and reporting results. In addition, prior
to issuance of any building permit on the subject lots, the City may require the applicant to
enter into an agreement releasing and indemnifying the City from and for any slope-related
damage or liability.
File #04-1 03 1O7-OO-SU I Doc. 1.0, 30449
Page 4
Colella Estates Final Plat
Final Plat Staff Report
Staff Response: This condition has been met by relocating the seven "at risk" lots to positions
within the plat that are outside of any areas of geotechnical concern, with the concurrence of
the applicant's geotechnical engineer, and where home construction can proceed conCUITent
with the overall plat.
2.
As required by the Public Works Director, in order to mitigate identified project-related impacts
to the City's transportation network, prior to final plat approval the impacted Transportation
Improvement Plan (TIP) projects listed below must be constructed; or in lieu of constructing
the improvements the applicant may voluntarily pay the project's pro-rata share contribution,
calculated in the amount of $53,600.
1)
South 288th Street at SR 99 - Add left-turn lanes on South 28Slh Street, 18th Avenue
South, and interconnect to Military Road.
SR 99: South 2841h Street to SR 509 - Add HOV lanes, second southbound left turn lane
at South 2881h Street, install raised median, and install a signal at SR 509 at Redondo
Way South with interconnect to 11 th Place South.
South 320th Street at 1 sl Avenue South - Add second northbound and westbound left-
turn lanes, westbound right-turn lanes, and widen 1 Sl Avenue South to five lanes to
South 3 16th Street.
South 320lh Street: 81h Avenue South to SR 99 - Add HOY lanes, install raised median,
underground utilities, and illumination.
2)
3)
4)
. Project generated P.M peak traffic
Fair share contribution = ----------------------------------------------- x TIP project cost
Projected Total P.M. peak traffic
Colella Estates TIP Project Proportional Share Calculation
TIP Project Description Factor* TIP Cost 2003 Site Gen. Share % Share $
Enterinf Vol. Trips (PM)
S 288th St @ SR 99 100% $1,725,000 4,555 13 0.29% $4,900
SR 99: S 284th St - SR 509 100% $9,632,000 3,868 13 0.34% $32,400
S 320th St. @ 1st Ave S 100% $2,760,000 4,692 16 0.34% $9,400
S 320th St: 8th Ave S - SR 99 50%* $6,191,000 4,502 10 0.22% $6,900
Total Pro-rata Mitigation. = $ 53,600
*Note: Site generated trips only impact half of the project length, therefore TIP cost was reduced by 50%
Staff Response: This condition has been met. The applicant has voluntarily paid the in-lieu-of
pro-rata share contribution of $53,600. .
3.
As required by the Public Works Director, in order to mitigate adverse traffic impacts to local
neighborhood streets, a total of six speed humps shall be constructed as part of the required
infrastructure improvements for the plat; two on SW 312th Street, two on SW 315th Street, and
one each on 26th Avenue SW and 27th Avenue SW. A detennination of final speed hump
locations will be made by the City's Public Works Director during engineering plans review of
Colella Estates Final Plat
Final Plat Staff Report
File #04-103107-OO-SU I Doc,I.D. 30449
Page 5
v.
plat infrastructure improvements. The applicant shall design the speed humps to meet Federal
Way and all applicable standards and shall construct them prior to final plat approval in
accordance with City-approved engineering plans.
Staff Response: This condition has been met. At this time, a total of nine (9) speed humps
have been installed in the adjacent neighborhood. Prior to plat construction, four were installed
by the City as part of the Neighborhood Traffic Safety Program. The Public Works Director
determined that neighborhood traffic safety concerns would be adequately addressed by the
applicant installing a total of five speed humps during plat construction (in addition to the four
already installed by the City), and setting aside $20,000 for possible additional future measures
based on the "after-study" required by Condition #15 of preliminary plat approval (addressed
below). At this time the applicant has installed the required five speed humps at appropriate
locations as determined by the Director, and also met Condition #15.
COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS OF ApPROVAL
The following lists conditions of preliminary plat approval as referenced Federal Way City Council
Resolution #04-407 (Exhibit C). As noted in the associated staff responses, all required
improvements have been completed or bonded per code, inspected, and approved by the City.
1.
Prior to the City's approval of engineering plans, all construction-related recommendations of
the applicant's geotechnical report and conditions of preliminary plat approval shall be
reflected on applicable construction drawings.
Staff Response: This condition was met, as all applicable geotechnical conditions were
reflected on the approved engineering plans and drawings.
2.
As required by the Directors of Community Development and Public Works, no grading or
clearing activities shall occur on the site between the dates of October 1 st and April 30th, in
order to prevent potential erosion impacts to steep slopes and/or sedimentation impacts to
adjacent major streams.
Staff Response: This condition was met. All clearing and grading activity associated with plat
infrastructure improvements was completed by October 1,2003, following implementation of
all erosion control measures as required by the approved engineering plans.
3.
Prior to final plat approval, the plat map shall be revised to include a text note stipulating that
erosion control plans are required for construction of each individual lot. Any additional
recommendations related to future home construction, as may be identified by the on-site
geotechnical engineer during plat construction, shall be added to the plat map prior to final plat
approval.
Staff Response: This condition has been met by including the required note (Note #1) on the
final plat map. No additional geotechnical recommendations were identified by the
geotechnical engineer during plat construction to be applied to the final plat.
4.
Prior to final plat approval, a text note shall be added to the plat map indicating that maximum
lot coverage is 50 percent for lots zoned RS 15-0, and 60 percent for lots zoned RS 7.2.
Colella Estates Final Plat
Final Plat Staff Report
File #O4-tO3107-OO-SU I Doc. to, 30449
Page 6
Staff Response: This condition has been met by adding the required note (Note #2) to the final
plat map.
5.
Prior to final plat approval, the applicant shall submit a final landscape plan, prepared by a
licensed landscape architect, addressing all landscaping within plat boundaries; including open
space tracts, slope vegetation, revegetation of disturbed stream buffer areas, visual screening of
storm drainage tracts, and street trees, for review and approval by the Directors of Community
Development; Public Works; and Parks, Recreational, and Cultural Services (PARCS).
Prior to submittal to the City, the landscape plan shall be reviewed and signed by a geotechnical
engineer and shall reflect all applicable recommendations contained in the applicant's
geotechnical report (Exhibit X), and shall be reviewed and signed by a qualified wetland
biologist and shall reflect all applicable recommendations contained in the applicant's Wetland
Assessment and Stream Buffer Mitigation Plan (Exhibit X). Pursuant to FWCC § 22-1286(d)(2),
§ 22-1243, § 22-1313(3), and § 22-1358(e)(1), the City may require the applicant to pay for the
services of a geotechnical engineer and/or wetland biologist to review plans, provide
recommendations, and conduct inspections and/or monitoring on behalf of the City, as
determined by the Community Development Director.
Staff Response: This condition has been met by submitting a final landscape plan that
addressed all requirements established in the condition. At this time, the landscape plan has
been approved by the City; bonded pursuant to FWCC § 20-135; and must be installed within
six months of final plat approval. Any additional review by a geotechnical engineer or wetland
biologist, as authorized by the cited codes, will be determined upon landscape inspection.
6.
Prior to final plat approval, the applicant shall submit a final open space plan depicting the
location and design of playground equipment, for review and approval by the Directors of
Community Development and PARCS. As determined based on this review, the City may
require street signage regarding notification of park area(s) iflocated near a street curve with
limited sight distance, and/or the City may require a raised and marked pedestrian pathway for
pedestrian safety.
Staff Response: This condition has been met by submitting the required open space plan,
which was reviewed and approved by the Directors of Community Development and P ARCS.
The applicant's approved usable open space plan includes a full size sport court (in Tract L),
"tot lot" (in Tract C), and benches interspersed in play areas and along trails. In addition, staff
determined that the play areas are sufficiently visible to not require any additional pedestrian
safety measures beyond the right-of-way improvements as installed.
7.
Prior to final plat approval, as required by the Public Works Director, the plat map shall be
revised to include a text note stipulating that any open space tract owned by homeowners and
improved as required by the City's mid-block pedestrian standard shall be permanently
maintained per the constructed standard, with no obstructions or alterations thereto except
maintenance.
Staff Response: This condition has been met by adding the required note (Note #3) to the plat
map.
8. Prior to final plat approval and recording, as required by the Public Works Director, the plat map
. shall be revised to include a text note stipulating that any landscaping or fencing within private
Colella Estates Final Plat
Final Plat Staff Report
File #O4-1O31O7-OO-SU I Doc,I.D. 30449
Page 7
yards and within common open space where abutting any City-required mid-block pedestrian
pathway, shall not obscure views into the pedestrian pathway for safety purposes.
Staff Response: This condition has been met by adding the required notes (Note #4) to the
final plat map.
9.
As required by the Public Works Director, construction plans shall reflect Department of
Ecology discharge standards for both class AA and Class A surface waters, as follows,
"Turbidity shall not exceed 5 NTU over background turbidity when the background turbidity is
50 NTU or less, or have more than a 10 percent increase in turbidity when the background
turbidity is more than 50 NTU." The applicant is required to meet this standard for all surface
water discharges into Lakota and Joe's Creek during construction and until at least 80 percent
of available lots are fully built upon and stabilized. In order to ensure compliance with this
standard, the applicant is required to provide pre-disturbance monitoring values for background
turbidity on both creeks, and provide monitoring on a regular basis (stonn event dependant)
during construction and as required by the City.
Staff Response: This condition was met during plat construction by implementing a City-
approved monitoring plan, which continues to apply to the installation of remaining final plat
improvements. Seasonal construction limits also continue to apply to the remaining plat
improvements, and will help to control any erosion or surface water runoff-related concerns.
Any concerns about stonn drainage discharge to Joe's and Lakota Creek during individual
home construction will be addressed during review of erosion control plans for the individual
lots (as required by Condition #1, above).
10. As required by the Public Works Director, the Tract "0" detention pond shall be designed in
accordance with the "Resource Stream Protection" requirements of the 1998 King County
Swface Water Design Manual (KCSWDM) or as otherwise approved by the Public Works
Director.
Staff Response: This condition has been met by designing the Tract "0" detention pond in
accordance with the condition and as reflected on approved engineering plans.
11. As required by the Directors of Community Development and Public Works, prior to final plat
approval, Lots #68 through #74 shall be converted to an open space tract, with an associated
text note stipulating that any subdivision, sale, or development of any or all of the tract area is
prohibited, until completion infiltration monitoring for Tract "D," as required by the City's
May 24,2003 MDNS, and a detennination of build ability is made by the City. In the interim,
such area shall not be sold by the developer, shall be stabilized with hydroseeding, and be kept
reasonably free of invasive vegetation. Alternatively, the applicant may propose an alternative
design that eliminates the infiltration impact, as documented in a geotechnical report, and if
City staff concurs with the alternative and detennines it to be consistent with preliminary plat
approval, and if approved by Council, all or some of these lots could be platted for sale and
home construction.
Staff Response: As described under "History and Background" above, this condition has been
met by relocating the seven lots to areas not subject to geotechnical monitoring and converting
the area to pennanent usable open space.
Colella Estates Final Plat
Final Plat Staff Report
File #04-103107-00-50 / Doc, \.D. 30449
Page 8
12. As required by the Director of Public Works, prior to final plat recording, the applicant shall
install signage at the north terminus of30lh Avenue SW, identifying the street for future
connection.
Staff Response: This condition has been met by bonding for this improvement, with
installation required within six months of the final plat approval.
13. All on site fencing associated with plat construction is subject to the City's final review an
approval of design, location, and any screening. Fencing shall allow for the migration of small
animals. Any chain link fencing, if approved by the City, shall be vinyl coated black or green,
and shall be screened with vegetation.
Staff Response: This condition has been met through installation of appropriate fencing.
Black, vinyl coated chain link fencing has been installed along the top of the Joe's Creek slope,
and split-rail fencing has been installed along the wetland buffer. Pursuant to the landscape
plan, as approved and bonded, both fences will be screened with vegetation and the landscaping
must be installed within six months of final plat approval.
14. Rockeries and retaining walls associated with plat construction must reflect residential-scale,
design sensitive materials and landscaping where they are visible from adjacent residences or
usable open space.
Staff Response: This condition has been met. The only retaining wall visible to future
residences is at the south end of the Tract "L" open space. It is a rockery wall as typically
utilized in residential development and does not exceed eight feet in height. Native evergreen
trees to screen the rockery will be installed pursuant to the landscape plan, as approved and
bonded, and to be installed within six months of final plat approval.
15. As proposed by the applicant with the City's concurrence, the applicant will address potential
future traffic impacts to local neighborhood streets by performing a neighborhood traffic "after
study," to be performed when 75 percent ofthe buildable lots are occupied, and to set aside
$20,000 to be used to install additional traffic calming measures that may be identified by the
study, as required by the Public Works Director.
Staff Response: This condition has been met by the applicant submitting $20,000 to the City
for future traffic calming measures as may be identified pursuant to the "after study."
VI. FINAL PLAT DECISIONAL CRITERIA
Pursuant to FWCC § 20-136, if the City Council finds that the following criteria have been met, the
City Council may approve the final plat for recording.
1.
The final plat is in substantial conformance to the preliminary plat.
Staff Response: This criterion has been met, as the conditions of preliminary plat and SEP A
have been met, and the final plat substantially conforms to the preliminary plat as approved and
with minor reconfigurations thereto.
Colella Estates Final Plat
Final Plat Staff Report
File #O4-1O3107-OO-S0 I Doc, LD, 30449
Page 9
2.
The final plat is in confonnity with applicable zoning ordinances or other land use controls.
Staff Response: This criterion has been met. The conventional/cluster plat meets applicable
zoning standards, as vested, pursuant to FWCC § 20-151 through 20-157, including subdivision
and lot design, size, density, open space, and pedestrian and bicycle access. The cluster plat
meets the intent and purpose of cluster subdivisions by preserving 57 percent of the 59-acre site
in open space, including conservation tracts for steep slopes and an on-site regulated wetland
and buffer; and usable open space as required to meet the recreational needs of residents. All
required plat infrastructure improvements have been installed or bonded pursuant to FWCC §
20-135, and must be constructed within six months of final plat approval. As provided in
FWCC § 20-133, maintenance bonds are in place for the installed improvements.
3.
That all conditions of the Hearing Examiner and/or City Council have been satisfied.
Staff Response: This criterion has been met as documented in the staff comments above.
4.
That the public use and interest shall be served by the establishment of the subdivision and
dedication by detennining 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 vested
zoning and subdivision regulations and ensures the public health, safety, and welfare is
protected. The plat infrastructure has been installed, with remaining required improvements
consisting only of landscaping, open space improvements, and similar improvements, and
bonded pursuant to FWCC 20-135. The completed infrastructure improvements as installed
include safe walking routes to school; preservation of wetlands and buffers; on site recreational
open space with play equipment; drainage system installation; water system installation; sewer
system installation; and street improvements, including curb, gutter, sidewalks, street trees,
street lights, and signage.
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. As noted above, all required infrastructure
improvements have been completed or bonded, as verified by City staff; and water and sewer
service completed, as certified by Lakehaven Utility District in an e-mail dated February 18,
2005.
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.
Colella Estates Final Plat
Final Plat Staff Report .
File #04-103107-00-50 I Doc,I.D. 30449
Page 10
VII. CONCLUSION
Based on site inspections, revie\\l of final plat maps, construction drawings, and the project file, staff
has determined that the application for final plat approval for Colella Estates meets all platting
requirements ofRCW 58.17.110 and FWCC Chapter 20, "Subdivisions," Division 6, "Final Plat," as
vested. Plat infrastructure improvements have been fully completed or financially secured pursuant to
FWCC § 20-135. The project has been developed in substantial conformance with Resolution #04-
407, A recommendation for final plat approval and final plat resolution (Exhibit E) is therefore being
forwarded to the City Council.
EXHIBITS
Exhibit A
Exhibit B
Exhibit C
8Y2 x 11 Reduced Copy of Colella Estates Final Plat Map
Vicinity Map
Resolution #04-407, City of Federal Way Preliminary Plat Approval of Colella Estates
Preliminary Plat
8Y2 x 11 Reduced Copy of Colella Estates Preliminary Plat Map
Final Plat Resolution of the City of Federal Way, Washington, approving the Colella Estates
Final Plat
Exhibit D
Exhibit E
Colella Estates Final Plat
Final Plat Staff Report
File #O4-1031O7-OO-S0 I Doc. \.D. 30449
Page II
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RESOLUTION NO. 04-407
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, W ASIDNGTON, APPROVING WITH
CONDITIONS, THE COLELLA ESTATES PRELIMINARY PLAT,
FEDERAL WAY FILE NO. 99-101323-00-SU.
WHEREAS,~the owner(s), Soundbuilt Homes (SBI, LLC) and others through written authorization,
applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known
as Colella Estates Preliminary Plat, consisting of 59 acres, into eighty-six (86) single family residential
lots, in a combination conventional and cluster configuration, located north of Southwest 320th Street
along and north of 30th Avenue. SW (if extended); south and west of Dash Point Road; and between
"Lakota Creek" and "Joe's Creek", to the west and east of the site, respectively; in Section 12 Township
21 North, Range 3 East, W.M.; and
WHEREAS, on June 30, 1999, the preliminary plat application was detennined complete by the
Department of Community Development Services, and vested to all City codes, policies, and regulations
in effect on that date; and
WHEREAS, a Mitigated Environmental Detennination of Nonsignificance (MDNS) was issued by
the Director of Federal Way's Department of Community Development Services pursuant to the State
Environmental Policy Act (SEPA) and Chapter 43.21C RCW; and
WHEREAS, on May 24, 2003, a Mitigated Environmental Detennination of Nonsignificance
(MDNS) was issued by the Director of Federal Way's Department of Community Development Services
pursuant to the State Environmental Policy Act (SEPA) and Chapter 43.21C RCW; and
WHEREAS, no comments or appeals responsive to the MONS were submitted to the Department
of Community Development Services; and
WHEREAS, on November 4, 2003, the Federal Way Land Use Hearing Examiner held a public
hearing concerning the Colella Estates preliminary plat; and
Doc. 1.0. 25425 4 I 4-4 .
page 1 of Reso 0 07
cc(O~1
WHEREAS, following the conclusion of said hearing, the Federal Way Land Use Hearing
Examiner issued a written Report and Recommendation, dated November 18, 2003, containing his
findings and conclusions, and recommended approval of the preliminary plat of Colella Estates subject to
the conditions set forth therein; and
WHEREAS, pursuant to Section 20-127 of the Federal Way City Code, the Federal Way City
Council has jurisdiction authority and to approve, deny, or modify à preliminary plat and/or its
conditions; and
WHEREAS, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.ITRCW, and all
other applicable City codes, on December 15, 2003, the. City Council Land Use and Transportation
Committee considered the record and the November 18,2003, recommendation by the Hearing Examiner
regarding the Colella Estates preliminary plat, and voted to forward a recommendation for approval of the
proposed Colella Estates preliminary plat, with no changes to the Hearing Examiner recommendation, to
the full City Council; and
WHEREAS, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all
other applicable City codes, on January 6, 2004, the City Council considered the record and the Hearing
Examiner's November 18,2003, recommendation on the Colella Estates preliminary plat.
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS
FOLLOWS:
Section I. Adoption of Findings and Conclusions.
l.
The findings and conclusions contained in the Land Use Hearing Examiner's November
18, 2003 Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference,
are hereby adopted as the findings and conclusions of the Federal Way City CounciL Any finding deemed
to be a conclusion and/or any conclusion deemed to be a finding, shall be treated as such.
2.
Based on, inter alia, the analysis and conclusions in the Staff Report and the
recommendation and conditions of approval as established in the Hearing Examiner's November 18,2003
Report and Recommendation, the proposed subdivision makes appropriate provisions for the public's
Doc. 1.0. 25425
page 2 of 4/reso 104-407
health, safety, and general welfare; for such open spaces, drainage ways, streets or roads, alleys, other
public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds,
schools and school grounds, and all other relevant facts as are required by City code and state law; and
provides for sidewalks and other planning features to assure safe walking conditions for students who
walk to and from school.
3.
The public use and interest will be served by the preliminary plat approval granted
herein.
Section 2. Application Approval.
Based upon the November 18, 2003, Report and Recommendation of the Federal Way Land Use
Hearing Examiner and the findings and conclusions contained therein as adopted by the City Council
immediately above, .the preliminary plat of Colella Estates, Federal Way File No. 99-101323-O0-SU, is
hereby approved, subject to the conditions contained in the November 18, 2003 Report and
Recommendation of the Federal Way Land Use Hearing Exauùner (Exhibit A).
Section 3. Conditions of Approval Integral.
The conditions of approval of the preliuùnary plat are all integral to each other with respect to the
City Council's finding that the public use and interest will be served by the platting or subdivision of the
subject property. Should any court having jurisdiction over the subject matter declare any of the
conditions invalid then, in that event, the proposed preliminary plat approval granted in this Resolution
shall be deemed void and the preliuùnary plat shall be remanded to the City of Federal Way Hearing
Examiner to review the impacts of the invalidation of any condition or conditions. Upon such review, the
Hearing Examiner shall conduct such additional proceedings as are necessary to assure that the proposed
plat makes appropriate provisions for the public's health, safety, and general welfare, and other factors as
required by Chapter 58.17 RCW and applicable City ordinances, rules, and regulations, and forward such
recommendation to the City Council for further action.
Section 4. Severability.
Doc. W. 25425
page 3 of 4/ reso1O4-407
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 2 DAY
OF
January
, 2004.
d FEDERAL WAY.
/ .~ M~
MAYOR
APPROVED AS TO FORM:
jJge; 4~
ÜTY ATIORNEY, PATRICIA A. RICHARDSON
FILED WITH TIlE CITY CLERK: 12/23/03
PASSED BY TII~ CITY COUNCIL: 01/07/04
REsOLUTION No: 04-407
Doc. 1.0. 25425
page 4 of 4/resoI04-407
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SEC.
12,
TWN 21
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, APPROVING THE FINAL PLAT OF COLELLA ESTATES,
FEDERAL WAY, WASIDNGTON, FILE NO. 04-103107-00-SU
WHEREAS, on November 18, 2003, the Federal Way Hearing Examiner conducted a public hearing
on the preliminary plat application resulting in the November 18, 2003, Recommendation of the Federal
Way Hearing Examiner; and
WHEREAS, the preliminary plat of Colella Estates, City of Federal Way File No. 99-1O1323-00-S0,
was approved subject to conditions on January 7, 2004, by Federal Way City Council Resolution No, 04-
407; and
WHEREAS, the applicant submitted the application for final 'plat for Colella Estates within the
required time of receiving approval for the above-referenced preliminary plat; and
WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 04-
407; 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 confonnance to the conditions of
preliminary plat approval, and final plat decisional criteria, and their analysis and conclusions are set forth
in the February 22, 2005, Staff Report, which is hereby incorporated by reference as though set forth in
full; and
WHEREAS, the applicant has complied with the conditions of the mitigation measures of the May 24,
2003, State Environmental Policy Act Mitigated Detennination of Nonsignificance, as discussed in the
February 22,2005, Staff Report; and
WHEREAS, The City Council Land UsefTransportation Committee considered the application and
staff report for the Colella Estates final plat at its February 28, 2005, meeting and recommended approval
by the full City Council; and
WHEREAS, the City Council reviewed and considered the Staff Report and the application for final
plat for Colella Estates during the Council's March 15,2005 meeting.
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS
FOLLOWS:
Section 1. Findings and Conclusions.
1.
The final plat for Colella Estates, City of Federal Way File No. 04-103107-00-SU, is in
substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances
or other land use controls in effect at the time the preliminary plat application was deemed complete.
2.
Based on, inter alia, the analysis and conclusions in the Staff Report, which are adopted herein
by reference, and on the City Council's review of the application for final plat, the proposed subdivision
makes appropriate provision for public health, safety, and general welfare, and for such open spaces,
drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary
wastes, parks and recreation, playgrounds, and schools and school grounds as are required by City Code,
or which are necessary and appropriate, and provides for sidewalks and other planning features to assure
safe walking conditions for students who 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 January 7, 2004, Federal Way Resolution No. 04-407 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 for final plat approval have been made and/or sufficient bond, cash
deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all
required plat improvements as identified in the February 22,2005, Staff Report.
Res. #
Page #2
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 final plat of Colella Estates, City of Federal Way File No. 04-103107-00-SU, is approved.
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 recordëd by the applicant in the
King County Department of Records. The applicant shall pay all recording fees.
Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this
resolution.
Section 5. Ratification. Any act consistent with the authority, and prior to the effective date, of the
resolution is hereby ratified and affinned.
Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal
Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS
,2005.
DAY OF
CITY OF FEDERAL WAY
Mayor, Dean McColgan
A TIEST:
City Clerk, N. Christine Green, CMC
ApPROVED AS TO FORM:
Res. #
Page #3
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION No:
Res. #
Page #4
MEETING DATE:
March 15, 2005
ITEM# ~
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
CITY CENTER ACCESS STUDY - BUDGET UPDATE
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 February 28, 2005,
SUMMARYIBACKGROUND: The City Center Access Study had a maximum dollar budget amount of $500,000.00 to
complete a traffic study for feasibility of an Access Point Decision Report (APDR). The City of Federal Way study is
lead by the partnership and direction of the core support team on the requirements of this study.
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 APDR to submit to the
Washington State Department of Transportation (WSDOT). The access solution is needed to address the safety issues and
the congestion at the interchange of S 320th Street and Interstate 5 and includes access to the Federal Way City Center.
Currently, the City has verbal authorization by the State and an approval to proceed with the report that will go to the
Federal Highways Administration (FHW A). An APDR is the initial step required by FHW A before revising an interstate
highway interchange.
At the direction of the core support team, additional work was completed early in the project study. Reducing the scope
and budget has occurred since that time, to meet the $500,000.00 budget constraint. Staff has a projection of an overage
of the allowable budget as outlined below.
CH2M Hill, Inc. is carrying a line item within their contract for WSDOT expenses to attend, participate, review, and
approve the work on this project study. That amount is $25,000. The City is paying WSDOT expenses from the project
budget account directly to WSDOT, To date, those expenses are approximately $13,000. It is undetermined at this time if
the total charges will equal $25,000, but it can be expected to be between $16,000 and $25,000 for this phase of the
project.
At this time CH2M Hill, Inc. has requested a maximum contract expenditure $500,000; therefore, staff is requesting an
increase of$16,000 to $25,000 to the City Center Access budget.
On July 29, 2004, LUTC did not approve the public stakeholder team request for additional work and analysis as well as
an increase in scope and budget for the City Center Access Study. LUTC also questioned at that time if staff could move
tasks around within the project to increase additional analysis. Staff reported that we were having difficulty now with the
existing budget to move any scope items to accommodate additional scope as requested from the public stakeholder team.
Since July 2004 staff and CH2M Hill, Inc. have transferred task items of the contract between the City of Federal Way
and CH2M Hill, Inc. to manage the scope and budget. Additionally, CH2M Hill, Inc. changed management of the project
in September of 2004, realizing a significant savings. Additional savings have been realized in reduction of scope
throughout the project, but we are sti11 anticipating an overrun of 3.2% to 5 %.
CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 28, 2005 meeting, the Land Use and
Transportation Committee forwarded the following staff recommendations:
Authorize an increase in the project budget to a maximum of $525,000 and use collected mitigation funds,
PROPOSED MOTION: "I move to authorize an increase in the project budget to a maximum of $525,000 and use
collected mitigation funds."
CITY MANAGER APPROVAL:
~..
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D
D
D
D
APPROVED
DENIED
T ABLED/DEFERRED/NO ACTION
MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
k:\council\agdbills\2005\3-15-05 city center access study-budget update.doc
CITY OF FEDERAL WAY
MEMORANDUM
DA TE: January 28, 2005
TO: Land Use and Transportation Committee
VIA: r4I {?tvid H. Mo~anager
FROM: \'J\ Maryanne Zukow~i: ~.E., Senior Traffic Engineer.
SUBJECT: City Center Access Study - Budget Update
POLICY QUESTION:
Should the Land Use and Transportation Committee (LUTe) recommend approval of additional budget to the
City Center Access Study?
BACKGROUND:
The City Center Access Study had a maximum dollar budget amount of $500,000.00 to complete a traffic study
for feasibility of an Access Point Decision Report (APDR). The City of Federal Way study is lead by the
partnership and direction of the core support team on the requirements of this study.
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 APDR to submit to the
Washington State Department of Transportation (WSDOT). The access solution is needed to address the safety
issues and the congestion at the interchange of S 320th Street and Interstate 5 and includes access to the Federal
Way City Center. Currently, the City has verbal authorization by the State and an approval to proceed with the
report that will go to the Federal Highways Administration (FHW A). An APDR is the initial step required by
FHW A before revising an interstate highway interchange.
At the direction of the core support team, additional work was completed early in the project study. Reducing the
scope and budget has occurred since that time, to meet the $500,000.00 budget constraint. Staff has a projection
of an overage of the allowable budget as outlined below.
CH2M Hill, Inc. is carrying a line item within their contract for WSDOT expenses to attend, participate, review,
and approve the work on this project study. That amount is $25,000. The City is paying WSDOT expenses from
the project budget account directly to WSDOT. To date, those expenses are approximately $13,000. It is
undetennined at this time if the total charges will equal $25,000, but it can be expected to be between $16,000 and
$25,000 for this phase of the project.
At this time CH2M Hill, Inc. has requested a maximum contract expenditure $500,000; therefore, staff is
requesting an increase of $16,000 to $25,000 to the City Center Access budget.
Maximum budget expenditure to $525,000 is justified for:
.
Review and analysis work of 47 alternatives with a contract amount of25 alternatives
Review and analysis work of 15 alternatives with a contract amount of 5 alternatives.
.
This work was completed at the direction of the core support team early in this project phase (June 2004). In
addition, the 47 alternatives that were analyzed contained citizen's ideas for transportation improvements.
On July 29,2004, LUTC did not approve the public stakeholder team request for additional work and analysis as
well as an increase in scope and budget for the City Center Access Study. LUTC also questioned at that time if
staff could move tasks around within the project to increase additional analysis. Staff reported that we were
having difficulty now with the existing budget to move any scope items to accommodate additional scope as
requested from the public stakeholder team.
Since July 2004 staff and CH2M Hill, Inc. have transferred task items of the contract between the City of Federal
Way and CH2M Hill, Inc. to manage the scope and budget. Additionally, CH2M Hill, Inc. changed management
of the project in September of 2004, realizing a significant savings. Additional savings have been realized in
reduction of scope throughout the project, but we are still anticipating an overrun of 3.2% to 5 %. Examples of
the reduction of the consultant scope and the performance of that work performed by City staff was:
.
All pubic involvement activities in meetings, production, and planning.
All stakeholder-meeting activities in meetings, production, and planning
All public presentations.
Direct partièipation in writing technical memorandums.
Review and coordination of comments incorporated in technical memorandums.
Staff completion of traffic engineering.
Black & White graphics in lieu of color.
.
.
.
.
.
.
PROJECT SAVINGS AND CONTINGENCY:
Currently there is a total of $44,251 in mitigation funds collected for the City Center Access Study and the S 320th
Street @ 1-5 projects that is available to utilize for this budget need of $25,000, Mitigation funds have a five-year
expiration to utilize before they are required to be returned to the developers. It should be noted that the
environmental documentation and Access Point Decision Report would be required in order to have the S 320th
Street and 1-5 project (for the currently-adopted Transportation Improvement Plan) approved by WSDOT.
Staff Recommendation:
Authorize an increase in the project budget to a maximum of $525,000 and use collected mitigation funds.
Committee Recommendation:
Forward the Staff Recommendation to the March 15,2005 City Council Consent Agenda.
. , "
'OT :'
. A<~f«ûJ-::=~å
Michael mber ,Eric Faison, Mêmber "
, ' , " -
. " " "
, :,' \,-;" '. -, ,.. ',', "
:;'APPROV AL OF CO .
, "
<xi,>..
LimccO""2.'x-"" cil\' cenler ,¡('Cc'.' slud...,bnJ~çt urdaluloc
MEETING DATE:
March 15, 2005
ITEM# 'Y Ch )
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
NORTH LAKE AQUA TIC WEEDS MANAGEMENT GRANT ACCEPTANCE
CATEGORY:
BUDGET IMPACT:
~ CONSENT
0 RESOLUTION
D CITY COUNCIL BUSINESS
D ORDINANCE
0 PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated February 28, 2005.
SUMMARYIBACKGROUND: Prior to annexation, King County and the residents of North Lake applied to the
State Department of Ecology for an Aquatic Weeds Management Grant. The purpose of the grant is to assist
residents and the local jurisdiction managing invasive aquatic weeds in the lake. Historically, North Lake has
experienced an on-going struggle with noxious aquatic weeds, including milfoil, fragrant water lily and purple
loosestrife. Prior to submittal of the grant application, City staff discussed with King County staff and the
North Lake Homeowners Association who would manage the grant if it carne through and the area was
successfully annexed to the City. The type of work required for the grant is of like nature to work City SWM
staff has conducted on Steel Lake for the past four years. As such, SWM staff is capable of managing the work
as well as the grant. If the City does not step in to manage the work and the grant, the residents of North Lake
will lose out on the state funding, Acceptance of the grant will require City SWM staff time, but the grant will
reimburse a significant portion ofthe expense. SWM believes the additional work can be accommodated and is
complimentary to the on-going Steel Lake LMD efforts. There will be an economy of efforts since staff will
work on Steel Lake and North Lake at the same time and propose to use one contractor for the aquatic weeds
management, e,g., herbicidal applications and diver surveys.
The break down of the $80,210,03 grant is as shown on the attached table. The City's out of pocket expenses
are anticipated to be approximately $2,950 over three years. This does not include staff time that is expected to
be reimbursed through the grant at 75%. The maximum reimbursement from Ecology is $59,934.63
(approximately 75% of total work).
CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 28, 2005_meeting, the Land Use and
Transportation Committee forwarded the following staff recommendations:
Authorize the City Manager to negotiate the final grant details with the Department of Ecology and execute
an agreement with Ecology for aquatic weeds management in North Lake, The grant total is expected to be
$80,210.03 with a 25% match of in-kind contributions and cash match,
PROPOSED MOTION: "I move to authorize the City Manager to negotiate the final grant details with the Department
of Ecology and execute an agreement with Ecology for aquatic weeds management in North Lake."
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
k:\council\agdbills\2005\3-I5-05 north lake aquatic weeds management grant acceptance.doc
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
February 28, 2005
Land Use and Transportation Committee
David H. Mo~ Manager ú--:---:):
Paul A. Bucich, p~'., S~rface Water Manag~/
North Lake Aquatic Weeds Management Grant Acceptance
POLICY QUESTION:
Should the Council accept a Department of Ecology Grant for Aquatic Weeds Management on North
Lake in the amount of$80,210.03 ($59,934.63 reimbursable)?
BACKGROUND:
Prior to annexation, King County and the residents of North Lake applied to the State Department of
Ecology for an Aquatic Weeds Management Grant. The purpose of the grant is to assist residents and
the local jurisdiction managing invasive aquatic weeds in the lake. Historically, North Lake has
experienced an on-going struggle with noxious aquatic weeds, including milfoil, fragrant water lily and
purple loosestrife. Prior to submittal of the grant application, City staff discussed with King County
staff and the North Lake Homeowners Association who would manage the grant if it came through and
the area was successfully annexed to the City. The type of work required for the grant is of like nature
to work City SWM staff has conducted on Steel Lake for the past four years. As such, SWM staff is
capable of managing the work as well as the grant. If the City does not step in to manage the work and
the grant, the residents of North Lake will lose out on the state funding. Acceptance of the grant will
require City SWM staff time, but the grant will reimburse a significant portion of the expense. SWM
believes the additional work can be accommodated and is complimentary to the on-going Steel Lake
LMD efforts. There will be an economy of efforts since staff will work on Steel Lake and North Lake at
the same time and propose to use one contractor for the aquatic weeds management, e.g., herbicidal
applications and diver surveys.
The break down of the $80,210.03 grant is as shown on the attached table. The City's out of pocket
expenses are anticipated to be approximately $2,950 over three years. This does not include staff time
that is expected to be reimbursed through the grant at 75%. The maximum reimbursement from
Ecology is $59,934.63 (approximately 75% of total work).
OPTIONS:
1, Authorize the City Manager to negotiate the final grant details with the Department of Ecology
and execute an agreement with Ecology for aquatic weeds management in North Lake. The
grant total is expected to be $80,210,03 with a 25% match of in-kind contributions and cash
match.
2. Direct the City Manager to reject the Department of Ecology Grant and provide direction to staff.
STAFF RECOMMENDA nON:
Staff recommends forwarding Option 1 to the March 15, 2005 City Council Consent Agenda for
Approval:
Authorize the City Manager to negotiate the final grant details with the Department of Ecology and
execute an agreement with Ecology for aquatic weeds management in North Lake. The grant total is
expected to be $80,210,03 with a 25% match of in-kind contributions and cash match.
COMMITTEE RECOMMENDA nON:
Forward the above staff recommendation to the March 15,2005 City Council Consent Agenda.
.' :, ", ':~'~l, "',,
. APPRO" ALOF ÇOMl\lITTEE REPORT:
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Match Amounts
Total Project cost = $80,210.03 ; .
Budgeted Match % of Total
75% of tota I project $60,157.52 .
Required match $20,052.51 Budgeted in-kind match $13,825.00 17.2%
Budgeted cash match $ 6,450.40 8,0%
Ecology $ after match $59,934.63 74.7%
K" d M t h.
F
d
n- m ac mg un s
Item Cost Units Units! year Years Notes Total
Volunteer hours $ 15.00 per hour 135 5 8-10 very active $10,125.00
community members. -2
certified divers on lake.
Time estimates include
boat surveys, diver
training, bottom barrier
maintenance, steering
committee meetings,ID
workshops, educational
fl~r development.
Educational Materials $ 500.00 per year 1 5 Community member $ 2,500.00
De-.elopment and time spent developing
Presentation materials and presenting
materials to youth
groups and other
organizations
Boat rental $ 40.00 per day 6 5 $ 1,200.00
Total est. in-kind
match $13,825.00
Cash Match
Item Cost Units Unitsl year Years Notes Total
Community self-tax $ 500.00 per year 1 5 Based on $ 2,500,00
implementation afone or
more community-based
funding strategies
outlined in IAVMP. Will be
assessed annually into
future (indefinitely).
KG DNRP Noxious Weed $ 1,000.00 per year 1 1 Dedicated cost share $ 1,000.00
Control Program Cost Share funds from Noxious
Weed Control Program
Grants $ 1,000.00 per year 1 2 Estimate based on likely $ 2,000.00
sources.
KG Staff - Aquatic Noxious $31.68 per hour 10 3 See below for salary and $ 950.40
Weed Specialist burden rates as of2003.
Total est. cash match $ 6,450.40
't
'1:
MEETING DATE:
March 15,2005
ITEM# JLC¡)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
AQUATIC WEEDS MANAGEMENT REQUEST FOR PROPOSALS
BUDGET IMPACT:
CATEGORY:
[8] 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 February 28,2005.
SUMMARYIBACKGROUND: Surface Water Management is preparing a Request for Proposals for aquatic
vegetation management for Steel Lake in accordance with the approved IA VMP and the recommendations of
the Steel Lake Management Advisory Committee's annual work plan. This work will utilize a consultant to
conduct surface and underwater surveys of Steel Lake for invasive aquatic weeds including milfoil, fragrant
water lily, purple loosestrife, and yellow iris. The contractor would also provide aquatic herbicide treatment for
selected plants. SWM staff provides water monitoring, public education of efforts, and preparation of a final
report on the annual removal efforts. The work is funded by Lake Management District No.1 (Steel Lake) with
Surface Water Management providing support services through management ofthe contract and staff time.
Surface Water Management has utilized the same firm for three years and feels it is time to re-advertise the
work.
If the Council agrees, SWM would like to include efforts on North Lake for aquatic vegetation management in
the RFP due to the similar nature of work. While inclusion of North Lake will result in increased annual
expenditures by the utility, if the Council approves acceptance of the Ecology grant for aquatic weeds
management, the actual out of pocket expenses are estimated to be less than $3,000 over three years.
CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 28, 2005 meeting, the Land Use and
Transportation Committee forwarded the following staff recommendations:
Authorize the Surface Water Utility to prepare and advertise a Request for Proposals for aquatic vegetation
management for Steel Lake in accordance with the IA VMP for Steel Lake and the direction of the Steel
Lake Advisory Board's annual work plan and the IA VMP and Ecology Grant for North Lake. Direct the
City Manager or designee to negotiate a contract based on the proposals and execute the contract in
accordance with City purchasing guidelines.
PROPOSED MOTION: "I move to authorize the Surface Water Utility to prepare and advertise a Request for Proposals
for aquatic vegetation management for Steel Lake in accordance with the IA VMP for Steel Lake and the IA VMP and
Ecology Grant for North Lake."
~
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D
D
D
D
APPROVED
DENIED
T ABLED/DEFERRED/NO ACTION
MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
k:\councillagdbiJIs\2005\3-15-05 aquatic weeds management rfp.doc
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
February 28, 2005
Land Use and Transportation Committee
David H. ~ Manager ffç) ~
Paul A. Bucich, ~È., Surface Water Manag~ -
Aquatic Weeds Management Request For Proposals
POLICY QUESTION:
Should the City Surface Water Management Staff issue a Request for Proposals for aquatic weeds
management in accordance with the Lake Management District (LMD) No, 1 annual work plan for Steel
Lake? Should the RFP include work on North Lake in accordance with the Department of Ecology
approved Integrated Aquatic Vegetation Management Plan (IA VMP) for North Lake thereby achieving
an economy of scale and costs?
BACKGROUND:
Surface Water Management is preparing a Request for Proposals for aquatic vegetation management for
Steel Lake in accordance with the approved IA VMP and the recommendations of the Steel Lake
Management Advisory Committee's annual work plan. This work will utilize a consultant to conduct
surface and underwater surveys of Steel Lake for invasive aquatic weeds including milfoil, fragrant
water lily, purple loosestrife, and yellow iris, The contractor would also provide aquatic herbicide
treatment for selected plants. SWM staff provides water monitoring, public education of efforts, and
preparation of a final report on the annual removal efforts, The work is funded by Lake Management
District No.1 (Steel Lake) with Surface Water Management providing support services through
management of the contract and staff time.
Surface Water Management has utilized the same finn for three years and feels it is time to re-advertise
the work.
If the Council agrees, SWM would like to include efforts on North Lake for aquatic vegetation
management in the RFP due to the similar nature of work. While inclusion of North Lake will result in
increased annual expenditures by the utility, if the Council approves acceptance of the Ecology grant for
aquatic weeds management, the actual out of pocket expenses are estimated to be less than $3,000 over
three years.
OPTIONS:
1. Authorize the Surface Water Utility to prepare and advertise a Request for Proposals for aquatic
vegetation management for Steel Lake in accordance with the IA VMP for Steel Lake and the
direction of the Steel Lake Advisory Board's annual work plan. Direct the City Manager or
designee to negotiate a contract based on the proposals and execute the contract in accordance
with City purchasing guidelines.
2. Authorize the Surface Water Utility to prepare and advertise a Request for Proposals for aquatic
vegetation management for Steel Lake in accordance with the IA VMP for Steel Lake and the
direction of the Steel Lake Advisory Board's annual work plan and the IA VMP and Ecology
Grant for North Lake. Direct the City Manager or designee to negotiate a contract based on the
proposals and execute the contract in accordance with City purchasing guidelines.
3. Direct staff to not issue the Request for Proposals and provide direction to staff.
STAFF RECOMMENDATION:
Staff recommends forwarding Option 2 to the March 15, 2005 City Council Consent Agenda for
Approval:
Authorize the Surface Water Utility to prepare and advertise a Request for Proposals for aquatic
vegetation management for Steel Lake in accordance with the IA VMP for Steel Lake and the
direction of the Steel Lake Advisory Board's annual work plan and the IA VMP and Ecology Grant
for North Lake. Direct the City Manager or designee to negotiate a contract based on the proposals
and execute the contract in accordance with City purchasing guidelines.
COMMITTEE RECOMMENDATION:
Forward the above staff recommendation to the March 15,2005 City Council Consent Agenda,
APPROVAL OF MMITfEE REPORT: (W'- 4,.. ~ ~
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MEETING DATE:
March 15, 2005
CITY OF FEDERAL WAY
City Council
AGENDA BILL
ITEM# '1l Cj )
SUBJECT:
2005 ASPHALT OVERLAY PROJECT BID A WARD
CATEGORY:
IZI CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
D ORDINANCE
0 PUBLIC HEARING
0 OTHER
BUDGET IMP ACT:
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated February 28,2005.
SUMMARYIBACKGROUND: Four bids were received and opened on February 9, 2005 for the 2005 Asphalt Overlay
Project; please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Lakeside Industries with a
total bid of $1 ,451,724.49,
AVAILABLE FUNDING:
The budget for the 2005 Asphalt Overlay Project is $1,753,767, and is comprised of the following:
2005 Overlay Budget
2005 Structures Budget
2004 Carry Forward
Mitigation
Total Funding Available
ESTIMATED EXPENDITURES:
The following is a breakdown of the estimated total project construction costs:
SCHEDULE DESCRIPTION
A S 320th Street (25th Avenue to 1-5)
B 11th Avenue S (S 320th Street to S 324th Street)
C S 344th Street (SR-99 to 9th Avenue S)
D Palisades
E West Marc
F 19th Avenue SW
G Madrona Meadows
ESTIMATED 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:
$1,481,000
$124,767
$ 48,000
$100,000
$1,753,767
AMOUNT
$234,574.36
$218,585.31
$77,589.52
$196,082,52
$344,780.67
$94,506.52
$285,605,59
$1,451,724.49
$145,172.45
$22,000
$75,000
$75,816
$73,229
$3,500
$1,846,441.94
In order to stay within budget it is recommended that Schedule "F" (19th Avenue S) be deleted from the project and a contract
amount of $1 ,357,217 .97 be awarded to Lakeside Industries.
CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 28, 2005 meeting, the Land Use and
Transportation Committee forwarded the following staff recommendations:
Award Schedules A, B C, D, E, and G of the 2005 Asphalt Overlay Project to Lakeside Industries lowest responsive,
responsible bidder, in the amount of $1,357,217.97 and approve a 10% contingency of $135,721.80, for a total of
$1,492,939,77, and authorize the City Manager to execute the contract. If project funding allows, approve adding all or a
portion of Schedule F back into the contract with the understanding that the total cost will not exceed the total funding
available for this program.
PROPOSED MOTION: "I move to Award Schedules A, B C, D, E, and G of the 2005 Asphalt Overlay Project to
Lakeside Industries lowest responsive, responsible bidder, in the amount of $1,357,217.97 and approve a 10% contingency
of $135,721.80, for a total of $1,492,939.77, authorize the City Manager to execute the contract, and if project funding
allows, approve adding all or a portion of Schedule F back into the contract with the understanding that the total cost will
not exceed the total funding available for this program."
~I~~~~~~-~~~~~~::O~~TED BY C~::~~~ OFFICE)
COUNCIL ACTION:
0
0
0
0
APPROVED'
DENIED
T ABLED/DEFERRED/NO ACTION
MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
k:\council\agdbills\2005\3-15-05 2005 asphalt overlay project bid award.doc
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
February 28, 2005
Land Use and Transportation Committee
David H. Moß~anager !\\\--~
Marwan Sall~um~.~., S~eet Systems Manager~--
2005 Asphalt Overlay Project Bid Award
POLICY QUESTION:
BACKGROUND:
Should the Council award the 2005 Asphalt Overlay Project to the lowest responsive, responsible bidder?
Four bids were received and opened on February 9, 2005 for the 2005 Asphalt Overlay Project; please see
attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Lakeside Industries with a total
bid of$I,451,724.49.
AVAILABLE FUNDING:
The budget for the 2005 Asphalt Overlay Project is $1,753,767, and is comprised of the following:
2005 Overlay Budget
2005 Structures Budget
2004 Carry Forward
Mitigation
Total Funding Available
ESTIMATED EXPENDITURES:
The following is a breakdown of the estimated total project construction costs:
SCHEDULE DESCRIPTION
A S 320th Street (25th Avenue to 1-5)
B 11 th Avenue S (S 320th Street to S 324th Street)
C S 344th Street (SR-99 to 9th Avenue S)
D Palisades
E VVestMarc
F 19th Avenue SVV
G Madrona Meadows
ESTIMATED 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:
$1,481,000
$124,767
$ 48,000
$100,000
$1,753,767
AMOUNT
$234,574.36
$218,585,31
$77,589.52
$196,082.52
$344,780.67
$94,506.52
$285,605.59
$1,451,724.49
$145,172.45
$22,000
$75,000
$75,816
$73,229
$3,500
$1,846,441.94
February 28, 2005
Land Use and Transportation Conunittee
2005 Asphalt Overlay Project - Bid Award
Page 2
In order to stay within budget it is recommended that Schedule "F" (19th Avenue S) be deleted from the
project and a contract amount of $1,357,217.97 be awarded to Lakeside Industries.
OPTIONS:
1. Award Schedules A, B C, D, E, and G of the 2005 Asphalt Overlay Project to Lakeside Industries lowest
responsive, responsible bidder, in the amount of $1,357,217.97 and approve a 10% contingency of
$135,721.80, for a total of $1,492,939.77, and authorize the City Manager to execute the contract. If
project funding allows, approve adding all or a portion of Schedule F back into the contract with the
understanding that the total cost will not exceed the total funding available for this program.
2. Reject all bids for the 2005 Asphalt Overlay Project and direct staff to rebid the project and return to
Committee for further action.
3. Do not award the 2005 Asphalt Overlay Project to the lowest responsive, responsible bidder and provide
direction to staff.
STAFF RECOMMENDATION:
Staff recommends forwarding Option 1 to the March 15,2005 City Council Consent Agenda for Approval:
Award Schedules A, B, C, D, E, and G of the 2005 Asphalt Overlay Project to Lakeside Industries the lowest
responsive, responsible bidder, in the amount of $1,357,217.97 and approve a 10% contingency of
$135,721.80, for a total of$1,492,939.77, and authorize the City Manager to execute the contract. Ifproject
funding allows, approve adding all or a portion of Schedule F back into the contract with the understanding
that the total cost will not exceed the total funding available for this program.
COMMITTEE RECOMMENDATION:
Forward the above staff recommendation to the March 15,2005 City Council Consent Agenda.
" -
. APPROVAL OF: i):\"Ii\fITTEE REPORT: f.v.... ~ fi"¿.e~~
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k:\lutc\2005\2-28-05 2005 asphalt overlay project- bid award. doc
2005 ASPHALT OVERLAY PROJECT
RFB No. 05-102
BID OPENING DATE FEBRUARY 8. 2005
Vendol Neme->
Loootion ->
"em
SCHEDULE A - SOUTH 320TH STREET
1 MoPh"tion@ 10%
2 T,.me CootlollaPoI
3 Roedside Cleenup
4 Asphe' Con.,ete Seweuning
5 Roedway E'e. 'nei Haul
6 Constluction Goote""'e fol Sep"ation
7 CSTC fol Pe.ement Repail & Widening, 'n" Hau'
6 PlanIng of Bltum,nous Pe.ement
9 Asphe" Con.,ete Pa.ement CI A
10 ACP CI A fol Pevement Rep,,' & Roadway WidenIng
11 Asphalt Con.,ete Pavement fo, P,e'evehng Ci A
12 Plving Fabole
13 Adjust Manho'e
14 Adjust Cat,h Basins
15 Wh.., Chao, Rlmp Type " Complete
16 Removl' and Rep",ement of Cone,"te SIdewalk
17 Remova' and Rep'aeement of Type C P,e,ast naffi' Cu,P
18 Raised Pavement M,,'e<, Type 2
19 Hyd,.ntMa"e,.TYPI2B
20 OetoctolLoops
21 Point Une
22 P'asti, Uno
23 P"sti, T,.me A"ow
24 Ptosti, Stop Uno
25 P'ostie C'osswalk Une
26 Point Wide Uno
27 Ptasti, Wide Une
28 pon,ble Changelb'e Message Sian
SCHEDULE 8 . 11TH PLACE 5
1 Mobt~ation @ 10%
2 name Con"ol'abol
3 Roadside Clelnup
4 Asp"" Cone,ete Saweutting
5 Roadway Ex<. 'ne!. Hau'
6 Const",ction Goote""'e to, Sep"ation
7 CSTC to' Pavement Repai' . Widenlffg, 'no, Hau'
8 P'aning ot Bituminous Pavement
9 Asp'" Con.,ete Pe""ment CI, A
10 ACP CI A fol Pavement Rep..,' Roadway Widening
11 Asphe" Con.,eta Pavement fo, P,elevehng C, A
12 Paving Fab,ie
13 Adjust Mlnhole
14 Adjust Catch Basins
15 Adjust E,isting Monument Case' Co.el
16 Wh.., Chai, Ramp Type '. Comp'ete
17 Wh.., Ch", Ramp Type 2. Comp'ete
16 Removl' and Rep'"ement of E""uded Cone'ete Cu'P
19 Remo.a' and Replacement ot Conelete Cu,b & Gunel
20 Removal and Rep'aeement of Cone,ete SIdewalk
21 Remo.aI and Rep',eemeni ot Con.,ete Appmaeh
22 Raised Pavement M"'e', Type 2
23 Hyd,.nt M"'e', Type 2B
24 Detectol Loops
25 Paint Una
26 P'ostie Uno
27 P'astie T"ffle A"ow
26 Ptost'eYield M"'e,,
29 Plostie Stop Une
30 Plosti, C,osswalk Une
31 p,intWideUne
32 Ptostie WIde Une
33 Point E"',uded Cu,b
34 Sod
35 pon,ble Changeab'e M...age Sian
SCHEDULE C - 5 344TH STREET
1 Mobl~ation @ 10%
2 T"me Contm' labol
3 Roadside C'elnup
4 Asphl' Cone,ete Saweuning
5 Roldway Exe, 'nel Haut
6 Const,uction Goote""'e to' Sepa"tion
J
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536,00
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$2640
5330
$3080
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$45,10
$6600
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11,54
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13080
5330
145.10
$66.00
$66.00
$154
$27500
$27500
$16500
199000
$990,00
$1100
$63,80
$114,40
$114,40
$385,00
119,80
$49500
$0.12
1154
1187,00
$82.~0
$13.20
$5.50
$0.55
$3,30
$440
$2750
$22000
$7,43734
$3600
$2,00000
$275
$26,40
$3,30
Total
$21,072.47
$20,520.00
14,00000
$3,674.00
$7,385.60
$2,435.40
$7,20720
$20,98140
$87,53910
$22,242,00
$8,60000
14,837,14
$550,00
$2,75000
11,98000
$1,02960
$2,71040
11,031,80
$138,60
$28,71000
$63964
$2,152.92
$3,366,00
$2.257.20
$6,49000
$261,05
$1,69290
$6,60000
$18,59336
$18,360.00
53,000.00
11,171.50
$1,68960
5504.90
$2,24840
$30,930.90
$79,015.20
$4,686,00
$6,600,00
14,282,74
$1,100.00
$27500
$1,485.00
$2,97000
$1,98000
$77000
14,338,40
11,372 80
$2,516.80
$1,024,10
$15840
$13,86000
142,12
$10.82926
14,48800
5907.50
$1,333,20
14,18000
$12015
$1.30350
$308,00
$137,60
14400.00
$7,437.34
$6,480.00
$2,000.00
$1,861.75
14,62000
51.36600
P,lce
140,00000
$3600
14,000,00
$160
$30,00
$100
$3000
$300
$55,00
$75,00
$5500
52,00
$275.00
$275,00
$1 ,00000
$100,00
$1250
$350.00
$1000
1400.00
$0.17
$165
$50.00
$2.40
$140
$025
1400
$96.00
115,000.00
$36.00
$3,00000
$160
$3000
$100
$3000
$3.00
$5500
$7500
555,00
$2.00
$275,00
$275.00
$17500
$1,00000
51.00000
$600
$85,00
$100,00
$"0,00
$350,00
$10,00
1425,00
$0,17
5165
55000
52100
5240
5140
5025
14 00
$100
$1800
$96,00
¡¡¡¡
$7,000,00
53600
$2,000,00
$160
$3000
$100
ge 1 f 3
Bid 3
'CON Mot."",
Tukwila. WA
Bid 4
Watson Asphl. Paving Company
Redmond. WA
Total
140,000.00
$20,520,00
14,00000
52,13760
$8,37000
$73800
57.02000
$19,07400
$106,755,00
$25,27500
$5,50000
$6,282.00
$550,00
52,75000
52,00000
$90000
$96250
$938,00
57000
523,200,00
$76449
$2,30670
$90000
$41040
$1,652.00
1127.75
12,05200
$2,880,00
$15,00000
$18,38000
53,00000
$681,60
$1,92000
$15300
52,19000
$20,11900
$96,36000
55,325,00
55,50000
$5.562.00
$1,100,00
$27500
$1.575,00
$3,000,00
$2.000.00
$420,00
14,42000
$1,200,00
$2,420,00
$93100
$8000
$11,900,00
$59,67
1",60280
$1 ,20000
$23100
$242,40
$1,06400
$5825
$1,580.00
$7000
$80,00
$1.920,00
. .i;1i
$7.00000
$6.48000
52,00000
$1,08320
55,250,00
$42000
P,ice
$27,500.00
536.00
$4,000,00
$001
$35.00
$100
$15,00
$355
$60.00
$90.00
$50.00
$165
5350,00
$350,00
51.65000
$100,00
$2000
5350,00
$10,00
$46000
$017
$1 65
$5000
$2.40
$140
$025
14 00
$125.00
$36,000.00
$36,00
$3,000,00
$0,01
$20.00
$0.50
$10.00
$2.65
$46.00
$6000
14600
$165
$360,00
$350,00
$22500
$1 .650.00
$1 ,850.00
$12,00
$7000
$10000
$15000
$350,00
$1000
$50000
$0.17
$165
$50,00
$21.00
$2.40
1140
$0.25
$400
$100
$20,00
$125.00
$29,00000
$38.00
$2,000.00
$001
$3000
$050
Totl'
127.500.00
$20.520.00
14,000.00
$13.38
$9,76500
$73800
$3.510,00
$22,57090
$97,050.00
$30,33000
$5,00000
$5,18265
5700,00
$3,50000
$3,300.00
$900.00
$1,540,00
$93000
$70.00
126,680,00
$784,49
$2,306,70
$900,00
$410.40
$1,65200
$127,75
$2,052,00
$3,75000
138,000,00
$18,38000
$3,000.00
$426
$1,280,00
$76.50
$730,00
$24,838.45
$00,592,00
14,260.00
14,600.00
14,588.65
$1,400.00
$350.00
$2,025.00
$4.95000
$3,700,00
$84000
14,760.00
$1,200.00
$3,300,00
$931,00
$80,00
$14,00000
15967
$11,602.80
$1,200.00
$23100
$242.40
$1,06400
$50.25
$1,58000
$70.00
$100.00
$2.500.00
$29,000.00
$8,480.00
$2,000.00
$6.77
55,25000
$210,00
En9i..." Ellimlte
P,'ce
$24,125,65
53800
14,00000
$1 20
$3500
$100
$25,00
$290
142,00
$6500
$42 00
$600
$36000
536000
$1,50000
$70.00
$1600
530000
$1050
$45000
$0.25
$120
19500
$325
$200
$5.50
$550
$15500
$20,54063
$36,00
53,00000
$120
$35.00
$100
$2500
$290
$4200
$65.00
$42,00
$600
5360.00
$360.00
$270,00
$1 ,500.00
$1 ,550,00
$1000
$50,00
$7000
$130,00
530000
$1050
145000
$025
$120
$9500
$4000
$325
$200
5550
$550
$300
$16,00
$155,00
$8,078A8
$3800
$2,00000
$120
$3500
$100
Totll
$24.12565
$20.52000
14,000,00
$1 ,603.20
$9.765,00
1738.00
$5,850,00
$18,438,20
$01.622,00
$21,90500
$4,200,00
$18,846.00
172000
13,60000,
$3,000001
$6300011
$1 ,232.00
$804,00
$73,50
$26,10000,
$1,12425!
$1,67780'
$1,710,00
$55575
$2,36000
$2,81050
$2,821 50
$4 650.00
$20,640,6
$18,360,0
$3,000,0
55112
$2,240.0
$1530
$1,825.0
$27,181,7
$73,584,0
14,.'5.0
$4,200,0
$16,686
$1,440
$360
$2,430
$4,500
$3,100
$700
$3,4000
$840 o
$2,8600
17980
$840
$12.600,0'
$87
$8.438
$2,280
$440
1328
11,52000,
$1,281501
$2,172 50!
$210001
$80.00
$3100,00
(li\æJt3
$8,07646
$6,48000
$2,00000
$81240
$6,12500
$42000
2005 ASPHALT OVERLAY PROJECT
RFB No, 05,102
BID OPENING DATE FEBRUARY 9,2005
, < ,'.,Bldl,.,;,,~ Bld2 Bid 3 BI..
Vondo' Nama ,-> ' løtø.Id'Ind1.~!~"'":~-",, We,'om A'pha., Inc ICON Mel,,'a', Wat,on A,pha' Paving Company I Englne..a Eatlmale
Location-> ~"'W~ ,"""", Man'aVall~ WA Tukwi'a WA Redmond WA
" ',. "',
7 CSTC 10' Pavamenl Rapair & Widening, 'no. Haul 194 ." ',$'000- " '.$I,~Ö.OO 530BO 55,97520 53000 55,B20 00 51000 51,940.00 $25,00
B p'aningof8'um,nouaPavemanl 2651 s' .,' '. $2,85. ,', .$1,5~5,35 $3.30 5B,74B30 $300 $7,953,00 $400 510,B0400 $2.90
9 Aapha.ConcrelePavemenlCIA 603" I . "$3g ?5,', 123116925 545.10 $27,195.30 555.00 $33,165.00 552.00 531,35BOO 542.00
10 ACPCIAforPavemenIRepal,&RoadwayWidening '70', $55,00 S9,3~OOO 563,BO 510,546.00 57500 $12,750.00 560.00 510,200.00 $65,00
11 Aapha' Conc,"a Pavement to' P,elavallog CI A 50 .., US 75', SUII? 50' $6380 $3,19000 55500 $2,75000 $5200 52,60000 54200
12 Paving Fab"c 787 ,', $<.00 $',574,oo! 51,54 $1,2119B 5200 51,57400 52,50 51,96750 56,00
13 Adju,tCatchB..in, 1 '-', S3"'~C~ S3CO\W' 527500 5275.00 527500 527500 5350,00 5350.00 $36000
14 Adju" E,..tiog MonumeotC..e&Cov" 3:'-, 52~OC~ $7=000 5165.00 549500 5175,00 $525,00 522500 $67500 527000
15WheaICh",RampType1,Compla.. 2"-' $1,50000 $3OC;:OC 5990.00 51,9BOOO 51,00000 52,00000 $165000 53,30000 51,50000
16 Removal and Replacemen' 01 Con""e Sidewalk 27 :,' , S"H~ sa". C5 5114,40 $3,OBBBO 510000 52,70000 5100.00 52,700 00 57000
17 HydranIM"k", Typa28 3,.-, I SOL'O !24.G' 519BO 559.40 51000 $3000 510.00 53000 51050
18Ponab'aChaneab'eM",aeSin ?o:.-.. S200C"J $'0<.'O.C'3 $22000 $4.40000 596.00 5192000 $
$77 '8',52
5CHEDULE D, PAU5ADE5
1 Mobl~ation @10%1""iU3,o:¡oco.'nO,OC3O01$1B,940.00 516,940..00 $22,000.00 522,000.,00 560,000.,00 560,000',00 520,649.,.41 $20.649,"
2 TrafficConiooliabo, 550 ,., I S:¡e,"" SI90"'O00 53600 519,80000 53600 519,BOOOO 53600 519,BOOOO $3600 $19,BOOOO
3 Road"de C'eanup I ,< , $>,00<> "" S3,OOO 00 $3,00000 $3,000 00 $3,00000 $3,00000 $3,00000 $3,00000 $3,00000 $3,000 DO;
4 A'pha' Concrate Sawcu.ong 3662 "I SO,O' S3...2, 5275 510.07050 5160 $5,859,20 $001 $36,62 $1 20 $4,394,401
5 RoadwayE«, 'no' Hau' 375,",' S10iJ(\ S3,7500i! $2640 $9.900,00 $3000 $11,25000 $20,00 $7,50000 $3500 513,125,00
6constNchonGeole""efo,Sep"a',o, 14gB,,' $010 $".00 $330 $4,943.40 5100 $1,49BOO 50.50 5749.00 $1.00 51,49BOO
7 CSTC to, Pavement Repa" & W'den,ng, 'nc Hau' 462 ", $1000 ' S4,820 OP 53060 514,229.60 $3000 $13,06000 $1000 $4,62000 $2500 511,550.00
8 Planing or Bllumonou, Pavement 5786',' $285 -, $18'O5!!C 53.30 519,10040 $3,00 517,36400 $550 $31,B34.00 $290 5'6,7B5,20
9A'pha'Conc'atePavemenIC',A 7BO" S'8:!!' ",;"$38,07500 $45.10 535,17BOO 55500 542,90000 5noo $60,060.00 54200 $32,750,00
10 ACP CI. A lor Pavement Repal' & Roadway Widening 42B "" S55 CO S:3,540,00 $63.BO 527,30640 575,00 $32,10000 5nOO $32,955 00 $65,00 $27,820001
11 A'?he. Cone"t. Pavemenlf.. P,,'eve'ong CI. A 100 -". $"'-:IS S4 625\)'.. 56300 55,3BOOO $5500 $5,50000 $7700 57,700.00 $4200 $4.20000
12 Paving Fabric 3809 :.,' $1,50 $5,713.50 St54 $5,B6586 5200 $7,618,00 $165 56,2B4B5 5500 $22,B54.00'
13 AdjualCatch8"in' 31" s>OCOO SiIOOo.' $27500 $B25,OO $27500 $B25.00 $35000 $1,05000 $36000 $1'OBOOOI
,. Ad)uat E","ng Monumenl C..e & Cov.. 20 '", $25000 15,QO(! (10 $16500 $3,30000 $17500 53,50000 $225,00 $4,500,00 $27000 $540000
15 Wheal Ch"r Ramp Type " Comp'ele 10 ' " SI,5oo 00 115,000 00 S990,OO 59,900.00 51,000,00 $10,00000 $1,650.,00 $16.50000 $1,500,00 515,000',.00
IB Whea'Ch",RampType2,Complele 7 I'-, $',70000 SI',gc,~,OC $99000 56,93000 51,00000 57,00000 $',85000 $12,950.00 $1,55000 $10,B5000
17 RemovalandReplacemenloIE"rudedConcreteCu,b 97 - I. Sl100 $I,De7oo $11.00 $1,06700 $600 558200 51200 $1,164.00 51000 597000
18 Remova' and Raplacement oIConc,"e Cu,b & Gutt.. 92' I 130,50 $3,542,00 $63.BO $5,B69,60 $6500 $5,9BOOO 57000 56,440.00 550.00 $4,600,00
19 Ramova' and Rep'acement ofConc,ate Sidewalk 50:;" $5B5<I S2,025C'3 $11440 S5,72000 $10000 $5,000,00 $10000 $5,000.00 $70.00 $3,500.00'
20 Remova"ndRep'acemenlofConcreteAppfOach 14 C' S",,--,7J $1,35~PD $11440 $1,601,60 $11000 $1,54000 $15000 52,10000 513000 $1,820 DO!
21 Malnl,enanca R. ocklorahoulde"..on",ucllon, Inci Haul 237 ", $2500 S5,925 CO 530.,80 57,299,,60 $3000 $7, 110.,,00 $35',.00 $8,295.00 $21..00 $4'977.001'
22 HydranIMa"'.., Type 28 10C'" S8,OO- S80,OO 51980 519BOO $10.00 $10000 $1000 510000 $1050 $10500
23 PI.."c Slop Uno 46 .' S4 00 SIB400 513 20 550720 $2.40 511040 $240 5110.40 $325 $14950
24 Sod ." $..00 ,"'", 533.00 $52BOO 516,00 $25500 $1000 $160.00 51600
$1" 002.5'
5CHEDULE E - WEST MARC I
1 Mobllza, lion ~ 10% . I ,.1. I $4$,000 00 S'5...'.0<>0'00 $27,270,.25 $27'270,25 $6,000,.00 S6'000,.00 $48,500,.00 $4B'500.,.00 $36,673'.,04 $36,873',,04
2 Traffic Conl'ollabo, 760 ..0> S3B 00 $2;,3CO 00 $3600 $27,360.00 $3600 $27,36000 $3600 $27,36000 53600 $27,350001
3 Road"de Cleanup 1 ,;, 53~!)C O'~ S3,OOO,OO 53,000 00 53,000.00 $3,00000 53,00000 53,00000 $3,00000 53,00000 $3,000 00
4 Aspha"ConerateSawe"",ng 767 ; SOC! - $701 53B5 $2,95295 5160 $1,22720 $0.01 5767 $120 592040
5 RoodwayE>e Incl. Haul 57'" ¡ 11000, .S570,oo $26'0 51,504BO $30.00 S1,71000 $2000 51,14000 $35.00 $1,99500
BCona',uci,onGeola""eforSeparation 2275'1 $0'0- ..,,$22.70 $3,30 574910 5100 $22700 SO.50 $11350 $1.00 $22700
7 CSTClorPavemenIRepal,&Wldaning,'nc Haul 70"' SIOoo $70000 530BO 52,15600 $30.00 S2,100,OO $10,00 $700.00 S2500 S1,750.00
: :~~~:~ ~o~:~;~n:~::::~~~n~ ,~~:~ ,~ S~~~~ $~::~;~; $:~:~ $~~:~~~~~ $:~~~ $~~~'~~~~~ 5:~~~ $~~~;~~~~ 5:;~~ $~:~::~~~~I
10 ACP CI. A for Pavement Rep'" B Roadway Widemng 70 ", $5500 S3.8S0 O~ $63BO $4,46600 S7500 $5,250.00 $8000 $4,20000 $65.00 $4,550.00
11 Aspha'ConCfatePavemenlfo,Pre'eue"ngCI.A 100'., ¡ S~&.75 S3875.!;3 $63,BO $6,38000 $5500 $5,50000 $5000 55,000.00 $4200 $4,200.00
12 Paving Fab,ic 11797 ";' I $1 ~5 $15,925 e. $1,54 $1B,1673B 5200 $23,59400 $140 $16,51580 5600 $70,7B2.00
13 AdjuatManno'e 3 E,' $40000 SI,2C.(Ic;) $275.00 5B25,OO $27500 $B25,OO $35000 $1,05000 $36000 $I,OBO,OO
14 Adju"Catch8"lns 13Uo $30000 $3,90000 $27500 $3,575,00 527500 53,57500 5350,00 $4,550.00 $360,00 $4,5BOOO
15 AdJu,'E,..tingMonumenIC..a&Cov.. 45"-' $25eoo $".2SCet $16500 $7.425,00 5175,00 57,B75 00 $22500 510,12500 $27000 $12,150 DO!
;~ ~~::: ~~::; ::~: ;~::; ~:~:::: ;~ ' ~ I :~:~~ ~ :;~: ~ :::~~~ :;:::;~~~ :~~~~~~ :;~~~~~~ :~:~~~~ :~~:~~~~ :~.~~~~ :;::~~~~~
18 Remov" and Replacemenl of E",uded Conc"'e Cu,b 138' I $1COC $1,30000 51100 $1,51BOO 5600 $B28 00 $1200 $1,855.00 $1000 $1,3BOOO
19 Ramova' and Replacemenl 01 Concrete Cu,b & Gun" "" I S~850 SS,'2MO 563BO $8,995,BO 56500 59.16500 $7000 $9,B70,OO $5000 $7,050,00
20 Remova' and Replacemenl 01 Concrete Sidewalk 49 .;. sse ~O S2,~ 50 $11440 $5,605,60 $10000 54,900,00 $10000 $4,90000 $7000 53,43000'
21 Remova' and Rep'acemenloIConcreteApp,oach 1B ';. I S9670' $I,1400C $11440 $2,05920 $11000 51,9BO.00 515000 $2,700,00 $13000 $2,340001
22 M"nlenanca Rockf."houlderrecons'ruc1,on, loci Hau' 50 - ,. J S2~ CO " SOO OC $30&0 51,'" 00 $3000 51 ,BOO. 00 $5000 53,00000 $2100 $1,250.00
23 HydranIMa""',Type28 16-.' '800 $'2'.00 $19,BO $310'0 510.00 $160,00 $1000 $IBOOO $1050 $150,00
24 Sod 49 ;,' S25oo $1,22500 53300 $1,61700 $1600 $7B4,OO $1000 $49000 S1500 $7B4,OO
25 S oed Hum Com 'ate ' ,. 52 ""0 DC 'COO!iO $132000 5264000 $700000 $4400.00
U.., 180 01 DsL.I9? -_.~¡,
SCHEDULE F - 19TH AVENUE 5
1 Mobhza1ion4!!10% 1,': J "O,OOOL'O $1000000 $9,91646 SO,91646 $17,00000 $17,00000 530,000.00 $30,00000 59,42472 $9,42472
2 TrafficConlmllabOf 225"" S38,OO SO,loo,oo 53600 5B,I00,OO 536.00 5B,10000 $35,00 $8,10000 $3600 $B,10000
3 Roa."de Cleanup I '.", S~,OOO ¡XL S2,000 00 $2,00000 52,00000 $2.00000 52,00000 $2,00000 52,000.00 52,00000 $2,000.00
4 A,pha'Conc",aSaweUtiing 972.' SeOI " S911 $275 $2,673.00 $150 51,55520 $0.01 $972 $120 51,156AO
~ ~:~::~i~~cG:'~;i;:~O' Separation ;:: :: S~,;~.. - SI,:~~,~ $~~;~ ::~~~~~ $;~~~ $~;:~~~ 5~~~~ $2s~~~~ $;:~~ $5s;:~~~1
7 CSTC fa, P,vemenl Repair & Widemng, 'no Haul 164 -, $IC C~ -" $\,940 Ci! 53080 $5,05120 $3000 54,92000 510 00 $1,64000 $2500 54,100,00
8 PlanlngofBltuminou,Pavemenl 296' " $2BS SO'3H' 5330 SO,77130 5300 $B,8B300 53,55 $10,51155 5290 $B,5B590
ge 2 f 3
2005 ASPHALT OVERLAY PROJECT
RFB No. 05.102
BID OPENING DATE FEBRUARY 9 2005
1,......Bld_\";,;,""1 Bld2 I Bld3 I BI..
Vondol Nlml -> I .J~\.~"'I"'ri4'."rrfeo. '.'.: W..tom Asphl', Ine 'CON M,leli", Wal,on A'pha. Pavin9 Company I Englne", Eatimlle
Loell,on > I "--,,......... WA ~. r.,_- Mlple Valley, WA T'k'MII, WA Redmond, WA
I
9 A,phl.Conel'"PavamonlCI A 773 ", 13975 -- S30.72Ó75 $45.10 $34.862.30 $55.00 $42,515,00 $50,00 $38,650.00 $42.00 $32,466.00
10 ACP C' A fol Pav.menl Repall 5 Roadway Widening 142 ", 555.00 $1.810.DC $63,80 $9,059.60 $75.00 $10,65000 $60.00 $6,520.00 $65,00 $9,23000
II A'phl' Conel"e Pavementtol P"'eveling CI A 50 -, S3S 75 SI.98HO $63.80 $3,190.00 $5500 $2,75000 $5000 $2,500,00 $4200 $2,100,00
12 Adf",1 Manhole 8 oA $400 DC 13.200 o-~ $275.00 $2,200,00 $275.00 $2,20000 $35000 $2,800,00 $36000 $2,880,00
13 Adf'" E'i"in9 Mo"monl Cao. & CovII 6 :" S2SO 00 51 5C0 i>~ $165,00 $99000 $17500 $1,050,00 $22500 $1,350.00 $27000 $1,62000
I(Wh..'ChlilRlmpTYPII,Complete 3:r. II,!IOCo\! s.c.SC-o.OO $990,OO $2,97000 $1,00000 $3,000.00 $1,650.00 $(,950.00 $1,500.00 $4,50000
IS Removal and Replacement of Type C P"eaol Tlaffie C"b 18 :" SISCO 125.o-~ $3300 $59400 $1260 $225,00 $2000 $36000 $16,00 $28800
16R"SedPavemenIMII'",Type2 13".',: I,'SDC 118650 $385,00 $500,50 $35000 $45500 $35000 $45500 $30000 $390,00
17 HydllnIMa"'",Type2B 3"'-, 1800 52'00 $19,80 $59.40 $10,00 $30.00 $1000 $3000 $1050 $3150
18 DeleelOIlOpps 2 .., ISO~.c~J SI COO.~~ $495,00 $990.00 $500,00 $1,00000 $65000 $1.30000 $45000 $90000
19 p",tie Line 4662 . 1140 SI'.6CioHO $154 17,46746 $1.65 $8,022,30 $165 $8.022,30 $120 $5,834.40
20 PI"tie Tllffie A"ow 12 , " 5<5 Oil 15'0.00 $18700 12,24400 $50.00 $60000 $50,00 $600,00 $95,00 $1.140,00
21PI"tieC..uwaIkLine 140.' I'C5 123100 $578 $80920 $1,40 $19600 $1.40 $19600 $200 $26000
22Portlb'eChon9..bl.MmageSi9n 20:.' 12('<°" 9'0"'Coe $24200 $4840.00 $9600 $192000 $125,00--____$2,500.00______$15500 $3,100,00
I'(.~ 6
SCHEDULE G . MADRONA MEADOWS I
1 Mob'~ation @ 10% I .:' ¡ S40.oooC-o "D.~~ 0(; $23,55158 $23,55158 $4,000.00 $4,000.00 $55,500.00 $55,500.00 $30,71158 530,711.58
2 Tllffie Cont,o"abol 565 ..,< 138.00 - 120.;40.00 $3600 $20,34000 536,00 $20,340.00 $36.00 120,340.00 $36.00 $20,340,00
3 Roldllde CI.."p I . r. 12,000 00 I~.:!OO O~ $2,00000 $2,00000 $2,00000 $2,000,00 $2.00000 $2,000,00 $2,00000 $2,000,00
(Asphl.ConelelISawc,rting 1574.' leDI 115.74 $2,75 $4,328.50 $160 $2.518.40 $001 $157( $1.20 $1,888,80
5 RoadwlyExc 'nel H", 159::' 11000 ".5QOo-~ $:26,40 $4,19760 $30,00 $4.770.00 $20.00 $3,180.00 $35.00 $5,56500
6CO"'tlUctionGeolextilefolSepmtion 827'0' le.l07> 582.70 $330 $2,72910 $100 $827,00 $0.50 $41350 $1.00 $82700
7 CSTC fol Pav.ment Repail' Widenm9, 'ne. H", 196 ", >' 11000--' 11.080 CO $3080 $B,03B,80 $3000 $5,'"000 $1000 $I,goO.OO $2500 $4,90eOO
8 Planing of B"'mmo", Pavement 9538 '" S2.85 '921.183.31) $3.30 $31,47540 $300 $28,61400 $265 $25,27570 $2.90 $27,B6020
9 AsphlitConeletlPavemenlCiA 2032 -'. 13G7~ SBC.772 00 $45.10 $91.643.20 $55.00 $111,76000 $5000 $101,600,00 $42.00 $85,344,00
10 ACP Ci A fol Pavement Rlpail' Roadway Widenm, '" ". 95'.00 - SO95~ (10 $63.80 $11,54780 $75.00 $13,575,00 $BOOO $10,8BO.00 $6500 $11,76500
11 Asphl' Cone!", PavlmentlOl Pllimling CI A 100 -', 13975 S3 975 00 $63,80 $6,38000 $55.00 $5,50000 $50,00 $5,00000 $42.00 $4,20000
12 PI~n9 Flblle 9715 ',v S' 35 113 115,25 $1.54 $I4,go,.,O $2.00 $19,430,00 $140 $".60100 $6,00 $58,290,00
13 Ad)'" Manhole 2 ' ... IS"'" C;) lROr. 00 $275.00 $550.00 $275.00 $55000 $35000 $700.00 $36000 $720
I(Adj",CatehB,,'ns "", I 53!!3oo.- 13CO.OC $275.00 $275 DC $275.00 $275,00 $350,00 $350,Oe $36000 $360
15 Ad",tE'i,tIngMo"montC",&CovII 28,A! S250:-o- 11.0000-: $16500 $4,620,00 $175,00 $4,90000 $22500 $6,30000 $270,00 $7.560
16Wh..IChailRampTypel,Comp'el. Ig:. 1I.5:JC00 '20.5C~OC $99000 $18,810.00 $1,000,00 $19,000,00 $I,B50,OO $31,350,00 $1,50000 $28,5000'
:~ ~':~~lh::d~a:~a::~:~;~o;:::::dconeleteC"b 5~; ~:. I SI.7~: I:~:~~~.~ $:~~~~ $~~~:~~~ $IO~~~~ $~;:~~~~~ $I:~~~~ $:~::~~~~ $1,~~~~~ $:;:~~~~
19 R.moYOI and R.p'aelment of Conellte C"b & G,II.. 40 ' S3850 11,540 C.~ $B380 $2,55200 $65,00 $2.60000 $70.00 $2,800.00 $50,00 $2,000,0'
20 R.moYOI and Rep',e.ment of Conelete SIdewalk 48 ". 158.0 U ~08.00 $11440 $5,491,20 $10000 $4.80000 $100.00 $4,80000 S70.00 $3,360.0'
21 Ma',""ne. Roc' fol 'ho,'d.. IlCo",l,"el,oo, 'nei H,"I 8 : - 125 DO 12o-J 00 $3080 $24B40 $3000 $24000 $10000 $BOOOO $21.00 $168,0'
22 Hydllnl M"'", TYPI 2B 8 ',", 5000 SP.(!tO $19,80 $158.40 $1000 $8000 $1000 $8000 $1050 $84
23PaintUne 7340.' 500; I<1!'C80 $0,11 $80HO $017 $1,24780 $0,17 $1.24780 $025 $1,835
24 p",tie Slop Uno 79 .' S' 00',' 53'8 "0 $1320 $1,042.80 $2.40 $18960 $2 (0 $18980 $3,25 $256
25 p",tIeC"uwlIkUno 120.: i SlBS-- 119900: $578 $69360 $1,40 $168,00 $140 $168.00 $2.00 5240
47 ": I ...00 11.'" OC.<i.-__$5...~_$l.585.00 _____$16,00_- $75200 $10 DC $470 DC $16
1285,60"'9
11.4" 72U9
COpl.. Submilled
Bid Signat'"
Bid Bond
Refllon",
i
~nL,
CNE
YES
YES
~,.
ONE
YES
YES
N/A
ONE
YES
YES
N/A
ONE
YES
YES
N/A
W"tem Bid
$1,542,34705
W,,'em ontelld fo< B 25
Unit Co,' Tolal Bid
$012 $4247
Q=;51LF= $4212
Difference = -$035
W,,'em enl..ed fol G25
Unit Co,' Total Bid
$518 $6930e
0 = 120 = S693.60
Diff..ence = SO.60
Tola' Difl. =
10.25
ge 3 f 3
MEETING DATE:
March 15,2005
ITEM# lZ (Ie)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Proposed Olympic Pipe Line Company Agreement to Share Information
CATEGORY:
BUDGET IMPACT:
r8J
D
D
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
0 ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$0.00
$
$
ATTACHMENTS: Memorandum dated February 22,2005 to the Finance, Economic Development and Regional Affairs
Committee, Proposed Agreement
SUMMARY /BACKGROUND:
The purpose of the Agreement is to make available to the City necessary, relevant and appropriate information relating to
the location and extent of Olympic's facilities, testing and repair, damage prevention, and emergency response plans
within the City's boundaries in such a way that information is communicated to appropriate City officials, for the
protection of the health, safety and welfare of the citizens of the City. It would allow for the expeditious review and
approval of permits for excavation and/or repair of the pipeline, since the City would already have access to relevant
information. By posting the information on a secured web site accessible only by City personnel, the information may be
provided without compromising the security of the pipeline or inappropriately disclosing proprietary information, and
without diverting unnecessary human resources from Olympic's primary responsibility of safely and efficiently operating
the pipeline.
Information to be provided by Olympic under the Agreement would be posted on a secured website accessible by City
personnel and would include:
Emergency Response Plans
Damage Prevention Procedures
Pipeline Integrity Testing Schedules and Results
Leak and Spill Reports
The term of the Agreement would be for ten years, the same as the proposed Franchise.
CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the proposed Agreement.
PROPOSED MOTION: "I move approval ofthe Agreement to Share Information between Olympic Pipe Line
Company and the City of Federal Way and authorize the City Manager to sign the Agreement."
CITY MANAGER APPROVAL:
.~"'"
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 T ABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
K:\AGNDITEM\2005\Olympic Share Info Agreement
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
February 22, 2005
FROM:
Finance, Economic Development and Regional Affairs Committee
David H. MO~anager , '
Karen Kirkpatrick, Deputy City Attorney t\\--'
TO:
VIA:
SUBJECT:
Proposed Olympic Pipe Line Company Agreement to Share Information
Policy Issue
Should the City enter into an Agreement to Share Information with Olympic Pipe Line
Company (Olympic)?
Background
The purpose of the Agreement is to make available to the City necessary, relevant and
appropriate information relating to the location and extent of Olympic's facilities, testing and
repair, damage prevention, and emergency response plans within the City's boundaries in
such a way that infonnation is communicated to appropriate City officials, for the protection
of the health, safety and welfare of the citizens of the City. It would allow for the
expeditious review and approval of pennits for excavation andJorrepair ofthe pipeline, since
the City would already have access to relevant infonnation. By posting the infonnation on a
secured website accessible only by City personnel, the infonnation may be provided without
compromising the security of the pipeline or inappropriately disclosing proprietary
infonnation, and without diverting unnecessary human resources from Olympic's primary
responsibility of safely and efficiently operating the pipeline.
Infonnation to be provided by Olympic under the Agreement would be posted on a secured
web site accessible by City personnel and would include:
Emergency Response Plans
Damage Prevention Procedures
Pipeline Integrity Testing Schedules and Results
Leak and Spill Reports
The tenn of the Agreement would be for ten years, the same as the proposed Franchise.
7=-1
Op~¡ÜílS
1. Recommend approval of the Agreement and forward to the full council for
consideration at the March 15, 2005 City Council meeting.
2. Recommend rejection of the Agreement.
3. Recommend modification of the Agreement and forward to the full council for
consideration at the March 15, 2005 City Council meeting.
Staff Recommendation
Approve the Agreement and forward to the full council for placement on the March 15,2005,
Council Consent Agenda. (Option 1)
Committee Recommendation
Forward option - to the full City Council for placement on the March 15, 2005 Council
Consent Agenda with a "do pass" recommendation.
~
Committee Chair
APPROVAL OF COMMITTEE ACTION:
K:\agnditem\fedrac\Olympic Share Info Agreement
'=2-
AGREEMENT TO SHARE INFORMATION
This Agreement to Share Information ("Agreement") is entered into by and between
OLYMPIC PIPE LINE COMPANY ("Olympic") and the CITY OF FEDERAL WAY
("City") for the purpose of establishing a reasonable and expedient system for sharing relevant
information regarding the section of Olympic's interstate pipeline which passes through the
City's jurisdictional boundaries.
RECIT ALS
A.
Olympic is a Delaware corporation which owns and operates an interstate fuel
pipeline which passes under and through public and private property within the boundaries of the
City.
B.
City is a municipality in western Washington which wishes to obtain necessary
and relevant information regarding the location, testing and repair of said pipeline, as well as
information pertaining to damage prevention, emergencies and emergency response plans for the
protection of the health, safety and welfare of its citizens.
C.
The Parties desire that necessary and relevant information pertaining to Olympic's
pipeline be available to the City for the protection of the health, safety and welfare of the citizens
of the City and to allow for the expeditious review and approval of permits for excavation and/or
repair of the pipeline, in such a way that pipeline security is not compromised, and proprietary
information is not disseminated, and in such a way that human resources are not unnecessarily
diverted from Olympic's primary task of safely and efficiently operating its pipeline.
- 1 -
#521354 vl/32265-014
agmt to share information 2.1.05
'f-'C>
AGREEMENT
In consideration of the foregoing and the performance of the mutual covenants contained
herein, Olympic and the City agree as follows:
1.
PURPOSE. The purpose of this Agreement is to make available to the City
necessary, relevant and appropriate infonnation relating to the location and extent of facilities,
testing and repair, damage prevention, and emergency response plans of Olympic's pipeline
within the City's boundaries in such a way that necessary and important infonnation is
communicated to appropriate City officials, for the protection of the health, safety and welfare of
the citizens of the City and to allow for the expeditious review and approval of penn its for
excavation and/or repair of the pipeline, without compromising the security of the pipeline or
inappropriately disclosing proprietary infonnation, and without diverting unnecessary human
resources from Olympic's primary responsibility of safely and efficiently operating the pipeline.
2.
TERM. This Agreement shall become effective upon written acceptance of its
tenus by both parties, and shall remain in effect for ten (10) years thereafter. At any time not
more than 360 days nor less than 90 days before the expiration of this Agreement, either party
may request renewal for an additional ten (10) year tenn.
3.
METHOD OF PROVIDING INFORMATION.
3.1.
It is Olympic's intention that the information referenced herein be
available in electronic fonn, through a secure Internet website which may be accessed by City
officials and protected from disclosure to persons who are not party to this Agreement or a
similar information sharing agreement. Olympic's obligation to provide information under this
- 2-
#521354 vl/32265-014
agmt to share information 2.1.05
-F'-1
Agreement shall be deemed satisfied if the infonnation is available on a secure website which
may be accessed by City officials by means of a pass code.
3.2.
If it is detennined to be not feasible to provide the infonnation by means
of an electronic website, or the infonnation is not provided electronically by April 1, 2005, then
Olympic shall provide the infonnation referenced herein upon request by the City by making
paper copies of the information available for inspection at Olympic's offices in Renton,
Washington, or by delivering paper copies to the designated City official(s).
3.3.
The infonnation to be produced by Olympic pursuant to this Agreement
shall be the best infonnation available to Olympic and shall be accurate to the best of Olympic's
infonnation. While the infonnation is believed to be generally accurate, the city understands the
obligation to consult directly with Olympic before commencing construction activities near the
pipeline, and to contact the appropriate federal or state agency for additional infonnation relating
to regulatory compliance.
4.
LOCATION OF PIPELINE. Olympic shall provide the City with a pipeline
map depicting the location of Olympic's pipeline, valves and other pipeline facilities within the
City. Such infonnation may be updated by Olympic on a periodic basis. It is understood and
agreed by the parties that the precise location and depth of the pipeline shall be field verified if
exact alignment is required for a construction project in the vicinity of the pipeline by using the
One-Call System. It is further understood that the pipeline map, while a reasonable guide to the
location of the line, is no substitute for direct contact with an appropriate employee or
representative of Olympic whenever construction is contemplated or planned, The City's long
range construction or development plans are available for review on the City's website,
- 3-
#521354 vII 32265-014
agmt to share information 2.1.05
F-5
ww\v.citvoffedcralwav.com, Construction plans for projects which may affect the pipeline may
be submitted for review and comment to Olympic's Field Project Coordinator, 23 19 Lind
Avenue S.W., Renton, W A 98055 when applicable,
5.
EMERGENCY RESPONSE PLAN. Olympic shall make available its current
manual for responding to emergencies involving the pipeline. Updates to the manual will be
maintained by Olympic and made available through the website. The manual is based on
Northwest Area Contingency Plan, as approved by the Washington State Department of
Ecology's (DOE) and the federal Office of Pipeline Safety. Olympic's web site shall include a
link to the Northwest Area Contingency Plan web site. The City shall be provided an opportunity
by Olympic to attend and participate in biennial meetings at the county level to review and
coordinate emergency response procedures.
6.
DAMAGE PREVENTION.
Olympic shall make available to the City its
Programs and Procedures for Damage Prevention.
7.
PIPELINE INTEGRITY TESTING. Olympic's website shall provide advance
notice of planned in-line inspection of segments of the Olympic system along with the dates of
completed inspections. Olympic shall post the resulting repair program scope, developed from
the inspection data, on its website. The repair program scope will identify the location and
general nature of indications meeting established Federal pipeline integrity management criteria.
The repair program scope shall be posted within thirty (30) days of the appropriate deadline(s)
required by Federal regulation and updated with mitigation results within 60 days of completed
excavation/inspection/repair activities.
- 4 -
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agmt to share information 2.1.05
F(p
8.
LEAKS OR OTHER EMERGENCIES. In the event of a leak, spill, rupture or
other emergency involving the release from its pipeline that requires notification to the National
Response Center (NRC), Olympic shall post a copy of the reports required by regulatory
agencies on the website within 36 hours of filing such a report, and shall notify the City either by
voice or by email that such report has been provided. Olympic will assist as appropriate the
city's efforts to be placed on the NRC's list of agencies to be contacted. Furthermore, Olympic
shall notify the emergency services of the city as warranted by the leak response. Releases not
warranting a call to emergency services will be posted on the website.
9.
CONFIDENTIALITY. Subject to the limits of Washington law, City agrees to
treat as confidential any records that constitute proprietary or confidential infonnation under
federal or state law, to the extent Olympic makes City aware of such confidentiality. Olympic is
responsible for clearly and conspicuously identifying the work confidential or proprietary.
Olympic will provide a brief written explanation as to why such infonnation is confidential and
how it may be treated as such under state or federal law. If City receives a demand from any
person for disclosure of any infonnation designated by Franchisee as confidential, City
consistent with applicable law will advise Olympic and provide Olympic with a copy of any
written request by the party demanding access to such infonnation. If Olympic believes that the
disclosure of such documents by City would interfere with Olympic's rights under federal or
state law, Olympic will take appropriate legal action to prevent the disclosure by City of such
documents. Olympic will join the person requesting the documents to such an action. Olympic
will defend, indemnify and hold City hannless from any claim or judgment including any
penalties or costs under RCW 42.17.
- 5 -
#521354 v] 132265-0]4
agmt to share information 2.1.05
f-7
10.
DISPUTE RESOLUTION.
In the event of a dispute between the City and
Olympic arising under this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by the City and Olympic, who shall meet within 30
calendar days and make a good faith effort to achieve a resolution of the dispute, prior to either
party pursuing judicial or quasi-judicial remedies.
11.
EFFECTIVE DATE. This Agreement is effective as of
,2005
(the "Effective Date").
Olympic Pipe Line Company
City of Federal Way
By:
By:
David Moseley, City Manager
Name:
Its:
Approved as to F onn:
Attest:
By:
By:
N. Christine Green, City Clerk
Name:
Its:
Approved as to Fonn:
By:
Patricia A. Richardson, City Attorney
- 6-
#521354 v1/32265-014
agmt to share information 2.1.05
-r&
MEETING DATE:
March 15,2005
ITEM# Y{L)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
AG #04-133, SEWER EXTENSION BELLACARINO WOODS-PROJECT ACCEPTANCE}
CATEGORY:
BUDGET IMPACT:
¡g] CONSENT
D RESOLUTION
D CITY COUNCIL BUSINESS
D ORDINANCE
D PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated March 7, 2005.
SUMMARYIBACKGROUND: 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 is complete. Upon City Council's acceptance of the project, and meeting certain conditions by
State law, the City will release and pay in full the amounts retained during perfonnance of the contract.
The final construction contract amount is $83,929.48. This amount is $4,824.12 below the original bid price of $88,753.60, and
$13,699.52 below the $97,629.00 construction budget approved by the City Council on July 6, 2004. The saving comes from a
combination of a reduction in the quantity of Structure Excavation Class B Incl. Haul, since the contractor elected to waste the
bulk of excess soils onsite rather than to haul off, as well as contingent items that were not needed.
CITY COUNCIL COMMITTEE RECOMMENDATION: At its March 7, 2005 meeting, the Land Use and Transportation
Committee forwarded the following staff recommendations:
Authorize final acceptance of the completed Sewer Extension Bellacarino Woods Project, constructed by Brad Mason
Trucking & Excavating, Inc., in the amount of $83,929.48 as complete.
..............................
PROPOSED MOTION: "1 move to authorize final acceptance of the completed Sewer Extension Bellacarino Woods Project,
constructed by Brad Mason Trucking & Excavating, Inc., in the amount of $83,929.48 as complete."
....................................
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 mg
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/1012001
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
March 7, 2005
Land Use and Transportation Committee
David H. Mo~ Manager
Paul A. Bucich, rE., S~rface Water Division Manage¿j7~
AG 04-133, Sewer Extension Bellacarino Woods Project - Project Acceptance
POLICY QUESTION:
Should the Council accept the Sewer Extension Bellacarino Woods Project constructed by Brad Mason
Trucking & Excavating, Inc. 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 is complete. Upon City Council's acceptance of the
project, and meeting certain conditions by State law, the City will release and pay in full the amounts
retained during perfonnance of the contract.
PROJECT SAVINGS AND CONTINGENCY:
The final construction contract amount is $83,929.48. This amount is $4,824.12 below the original bid
price of $88,753.60, and $13,699,52 below the $97,629.00 construction budget approved by the City
Council on July 6, 2004. The saving comes from a combination of a reduction in the quantity of
Structure Excavation Class B lncl. Haul, since the contractor elected to waste the bulk of excess soils
onsite rather than to haul off, as well as contingent items that were not needed.
OPTIONS:
1. Authorize final acceptance of the completed Sewer Extension Bellacarino Woods Project,
constructed by Brad Mason Trucking & Excavating, Inc., in the amount of $83,929.48 as
complete.
2. Do not authorize final acceptance of the completed as complete and provide direction to staff.
STAFF RECOMMENDATION:
Staff recommends forwarding Option I to the March 15, 2005 City Council Consent Agenda for
Approval:
Authorize final acceptance of the completed Sewer Extension Bellacarino Woods Project,
constructed by Brad Mason Trucking & Excavating, Inc., in the amount of $83,929.48 as complete.
March 7, 2005
Land Use and Transportation Committee
AG 04-133 Project Acceptance
Page 2 of 2
COMMITTEE RECOMMENDA nON:
Forward the above staff recommendation to the March 15,2005 City Council Consent Agenda.
... -..--..-... ---.. --
-..---- .. - ... ..------- .
~PJ)~{(~V AL OF COMM ITTEE REPORT:
l\1ichaell)ark, Member
."- iL I
--- ..-.. .-. ,., ..." I
,~o~~;:=
...........-----
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cc:
Project File (AGO4-133, Sewer Extension Bel/aearino Woods Project)
Day File
k:'.ìmc2"OS>:>':'..", dhOi..) !:, >c'werD.mbe!ì:!c",'jnO\\()oJ,. ¡",:,¡¡¡ccep,anccmemv.do('
MEETING DATE:
March 15, 2005
ITEM# JT Cvn )
/
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
SW 356TH STREET REGIONAL RETENTION FACILITY FENCE PROJECT -BID AWARD
CATEGORY:
BUDGET IMPACT:
¡g¡ 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 _March 7,2005.
SUMMARYIBACKGROUND: Three bids were received and opened on February 8, 2005 for the SW 356th Street
Regional Retention Facility Fence Project; please see attached Bid Tabulation Summary,
,Contr3ct~f"" """ "
'" Bid Amount
Sea West Construction, Inc. $ 29,924.35
Commercial Fence Corporation $ 31,777.15
Quality Fence Builders $ 35,860.33
Enf!;ineer's Estimate $ 38,579.00
Available Budget $ 42,437.00
Reference checks by staff on the apparent low bidder indicate that this contractor has successfully performed similar
work. As a result, staff believes this contractor can successfully complete this project to the City's satisfaction.
Therefore, the lowest responsive, responsible bidder is SeaWest Construction, Inc., with a total bid of $29,924.35. The
amount available in the 2005 budget for this contract is $42,437.00.
CITY COUNCIL COMMITTEE RECOMMENDATION: At its March 7, 2005 meeting, the Land Use and
Transportation Committee forwarded the following staff recommendations:
Award the SW 356th Street Regional Retention Facility Fence Project to SeaWest Construction, Inc., the lowest
responsive, responsible bidder in the amount of $29,924.35. Approve a 10% construction contingency of $2,992.00
for a total of$32,916.00. Authorize the City Manager to execute the contract.
PROPOSED MOTION: "I move to award the SW 356th Street Regional Retention Facility Fence project to SeaWest
Construction, Inc" the lowest responsive, responsible bidder in the amount of $29,924.35, approve a 10% construction
contingency of $2,992.00 for a total of $32,916,00 and authorize the City Manager to execute the contract."
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLEDillEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
CITY OF FEDERAL WAY
MEM 0 RAND UM
DATE:
TO:
VIA:
FROM:
SUBJECT:
March 7, 2005
Land Use and Transportation Committee
David H. ~Jty Manager ,
Paul A. Bucich, r~.~ S:rface Water Mana~
SW 356th Street Regional Retention Facility- Fence Project - Bid Award
POLICY QUESTION:
Should the Council award the SW356th Street Regional Retention Facility Fence Project Contract to the lowest
responsive, responsible bidder?
BACKGROUND:
Three bids were received and opened on February 8, 2005 for the SW 356th Street Regional Retention Facility
Fence Project; please see attached Bid Tabulation Summary.
" çontractor
SeaWest Construction, Inc.
Commercial Fence Corporation
Quality Fence Builders
Bid AmOJInt.
" ..""'"
$ 29,924.35
$ 31,777,15
$ 35,860.33
Engineer's Estimate
$ 38,579.00
Available Budget
$ 42,437.00
Reference checks by staff on the apparent low bidder indicate that this contractor has successfully perfonned
similar work. As a result, staff believes this contractor can successfully complete this project to the City's
satisfaction. Therefore, the lowest responsive, responsible bidder is Sea West Construction, Inc., with a total bid of
$29,924,35. The amount available in the 2005 budget for this contract is $42,437.00.
.
OPTIONS:
1. Award the SW356th Street Regional Retention Facility Fence Project to SeaWest Construction, Inc., the
lowest responsive, responsible bidder in the amount of $29,924.35. Approve a 10% construction
contingency of $2,992.00 for a total of$32,916.00. Authorize the City Manager to execute the contract.
2. Reject all bids and provide direction to staff.
STAFF RECOMMENDATION:
Staff recommends forwarding Option 1 to the March 15,2005 City Council Consent Agenda for Approval:
Award the SW356th Street Regional Retention Facility Fence Project to SeaWest Construction, Inc., the lowest
responsive, responsible bidder in the amount of $29,924.35. Approve a 10% construction contingency of
$2,992.00 for a total of $32,916.00. Authorize the City Manager to execute the contract.
March 7,2005
Land Use and Transportation Committee
SW 356th Street Regional Retention Facility Fence Project
Page 2 of 2
COMMITTEE RECOMMENDA nON:
Forward the above staff recommendation to the March 15,2005 City Council Consent Agenda.
APPUOV AI. OF COMMITTEE REPORT:
--.. ----'-----"""
""------'-.
~'.~"
_._-~~(~
Michael ))ark, Member
.- -
Attachment- Unit Bid Tabulations
cc: Project File
k:\lutc\2005\3- 7-05 sw 356th street regional pond fencing contract award.doc
Unit Bid Tabulations and Engineers Estimate
CITY OF FEDERAL WAY
Project: RFBO5-103 SW356th Street Regional Retention Facility- Fence Project Prepared by: J. Wolf Date: 2/8/05
, " ,.' , " .,:, :", ."',
Unit Price :'~ {}i: ',',,~~j;~:~'~'j.;,."'~:: ;þ " ,,'.; :~.;~;;,
Bid Plan Estim. Engineer's Low Total,s~.~~w Unit Price ',,:~.:,-\J~~~~I,;;,> Unit Price ,i.~.to~alš,;':'¡l
Item Description Unit Oty, Unit Price Estimate Bidder Bidder,~/:: 2nd Bid " 2iièl Bid' 3rd Bid' .;: 3rd ,Bid:::'.
(Remove!:;' ~,;..." ".' SeaWest ':""""'.""': ..>.".,' ..
pu~li:-. '.(.i-': , Construction' .:: ~':' ,:, Commercial Quality Fence
Contractor Name and bid comments: dis!nb<Jrion\ Inc. Fence Corp. Builders Inc.
1 Provlde/lnstJII Ch~';n Link F!:ncirg LS 1.7(,2 S 13,85 S 24,404 S 12,CC $ 21,1.0:4.00 S 12.87 S 22,676.94 S 13,53 S 23,839,86,
2 Providellnstall Fence End Post LS 2 S 255 S 510 S 150.00 $ 300.00 S 140.00 $ :: 280.00 S 210.00 S 420.00
3 Provide/Install Fence Corner or Pull Post LS 17 S 385 S 6,545 S 180,00 $ 3,060.00 S 190.00 $ '3,230.00 S 300.00 $ 5,100.00
4 Provide/Install 16'widthlockingdcublegate LS 2 S 1.500 S 3,000 S 1,000.00 S 2,000.00 S 1,010.00 S 2,020,00 S 1.300,00 $ 2,600,00
5 FORCE ACCOUNT Existing Fence Repairs DOL 1 S 1,000 S 1,000 S 1,000,00 $ 1,000.00 S 1,000.00 S 1,000.00 S 1,000,00 S '1,000.00
SUBTOTALS: 535,459 S27,504.00 $29,206.94 $32,959.86
Sales Tax (8.8%): S3,120,3ì S 2,420,35 "', S 2,570.21 : S 2,900.47
.',," ,..'"",.
Total Amount (w/Tax): $ 38,579 $ 29,924.35 .', '~:':"'" S 31,777.15 ..' S 35,860.33
Percent of Engineer's Estimate: 77,6% I . "', "", ' ,82.4%1 93,0%
K:\SWM\proiects\SW356TH\Fence Instaliation\Construction\Bid\Bid Tabs\RFB 05-103 SW356thStReoRetenFacilitv- BidTabs.xls
Page 1
MEETING DATE:
March 15, 2005
ITEM# ]I (~) ,
"
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
MAYER RIGHT OF WAY LEASE AGREEMENT
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 February 28,2005.
SUMMARYIBACKGROUND: Mr, Kurt Mayer owns water front property adjacent to 53rd Avenue SW. The only
access to the property is through a dirt path on the unopened portion of 53rd Avenue SW and a tram system located on his
property mid-hillside. Mr. Mayer wishes to expand the existing tram system from mid-hillside tenninal to a new tenninal
adjacent to the improved street area on top of the hillside. Mr. Mayer inquired about the vacation of the right of way on
53rd Avenue SW between SW 311 th Place and Puget Sound so he can construct his tram extension. Staff infonned Mr.
Mayer that the City code section 13-103 (3) do not allow vacation of right of way abutting any body of water. Then Mr.
Mayer inquired about leasing a portion of the right of way for the purpose of constructing his proposed tram rail
extension. Staff indicated that leasing part of the unopened portion of the right of way, approximately 1,690 square feet,
might be an option but will require City Council approval. Also, the construction of the tram extension will require
submittal of Environmental Checklist and Shoreline pennit approval before leasing the property if the purpose behind the
lease is to construct a tram extension. Mr. Mayer submitted the required documentation and was issued a Detennination
of Nonsignificance (DNS) on his Environmental Checklist (SEP A) and approval for his Shoreline Pennit on
November 2nd, 2004.
During staff review of the survey infonnation provided by Mr. Mayer for SEP A and the Shoreline Pennit, it was noted
that an auxiliary building and a concrete deck was built within the city right of way area encumbering approximately
1,736 square feet. The building encroachment was brought to Mr. Mayer's attention, He informed staff that the building
was constructed more that twenty years ago and the County was aware of this encroachment and required Mr. Mayer to
sign a "Statement of Encroachment and acknowledgement of County Interest" (copy attached), Staffinfonned Mr. Mayer
that this area would also be added and presented to Council as part of the lease agreement.
The proposed lease agreement is for five (5) years with an option for renewal upon mutual written agreement of the
parties of three additional five years renewal tenus. The lease rate is set at an annual rent of $1.00 per square foot per year
for a total of$17,130.00 plus 12.84% leasehold excise tax.
Mr. Mayer has reviewed the attached agreement and agrees with the proposed agreement in principle. He requested staff
present the following two changes to the City Council:
1.
Two leases instead of one - Mr. Mayer prefers one lease for the tram area and one lease for the auxiliary
building area.
the Lease tenn. All rents shall be made payable to City of Federal Way and are to be
received at the following address:
Director of Management Services
City of Federal Way
33325 8th Avenue South
P.O. Box 9718
Federal Way, WA 98063-9718
Said rental is exclusive of any sale, franchise, business or occupation, or other tax based
on rents. Should any such taxes apply during the life of this Lease, the rent shall be
increased by such amount.
B. Annual Rent Increase.
The rent shall be increased each renewal tenn (if any), by the amount of inflation
as detennined by the Consumer Price Index - Washington. Rent increases pursuant to
this paragraph shall commence on the first renewal tenn of this Lease.
5.
USE.
Lessee shall use said premises for the following purposes and no other without
prior written consent of the City:
Operation, use, repair and maintenance of Tram, Boathouse, and Bulkhead as
shown on EXHIBIT C. Expansion of the existing uses described in EXHIBIT C
shall not be allowed.
6.
GENERAL TERMS AND CONDITIONS.
Attached hereto as EXHIBIT D and incorporated herein by reference are
"Federal Way General Tenns and Conditions," which shall govern the obligations and
perfonnance of the parties under this Lease.
7.
INDEMNIFICATION.
Lessee agrees to indemnify, defend, and hold City, its elected officials, officers,
employees, agents, and 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, invitees or
representatives, arising from, resulting from, or connected with this Agreement or the
Lessee's use of the Premises.
Lease Agreement
K:/Public Works/Mayer Lease Agrmt
2
8.
ENTIRE AGREEMENT - AMENDMENTS.
This printed Lease, together with the "Terms and Conditions" attached as
EXHIBIT D, and any and all Exhibits expressly incorporated herein by reference and
attached hereto shall constitute the whole agreement between the parties. There are no
tenns, obligations, covenants or conditions other than those contained herein. No
modification or amendment of this Lease shall be valid or effective unless evidenced by
an agreement in writing signed by both parties.
9.
NOTICES.
Required notices, except legal notices, shall be given in writing to the following
respective address:
To The City:
City Manager
City of Federal Way
33325 8th Avenue South
P. O. Box 9718
Federal Way, WA 98063-9718
With a copy to:
City Attorney
City of Federal Way
33325 8th Avenue South
P. O. Box 9718
Federal Way, W A 98063-9718
To Lessee:
Pamela R. Mayer, Joseph E. Mayer and Natalie A.
Mayer- Yeager
312 South 112th Street
Tacoma, W A 98444
With a copy to:
Gordon Thomas Honeywell
Attn: Warren J. Daheim or William E. Holt
1201 Pacific Ave., Suite 2100
P.O. Box 1157
Tacoma, WA 98401
Or to such other respective address as either party hereto may hereafter, from time to
time, designate in writing. Notices sent by mail shall be deemed to have been given
when properly mailed.
Lease Agreement
K:/Public WorkslMayer Lease Agrmt
3
10.
TERMINATION
The City may tenninate this Lease at any time, without prior notice, for any
public purpose, Upon tennination, the Lessee shall remove all of its improvements from
the Premises pursuant to Section 12.
11.
VACATION OF RIGHT-OF-WAY.
In the event the City vacates all or a portion of the Premises pursuant to the
FWCC, this Lease shall be tenninated for that portion of the premises vacated.
Tennination shall be effective upon the effective date of the vacation ordinance adopted
under FWCC Section 13-103, as existing or as hereafter amended.
12.
REMOVAL OF FACILITIES
Upon the expiration, tennination, or revocation of the rights granted under this
Lease, the Lessee shall remove all of its improvements from the Premises within 90 days
of receiving notice from the Public Works Director to do so. Any costs incurred by the
City in removing any improvements on the leased premises shall be a lien on the
Adjacent Property. Provided, however, that the City may pennit the improvements to be
abandoned in place in the City's sole discretion and in such a manner as the City may
prescribe. Upon pennanent abandonment, the improvements shall become the property
of the City.
IN WITNESS WHEREOF, the parties hereto have subscribed their names as of the
_day of ,2005.
LESSEE:
By
Pamela R. Mayer
By
Joseph E. Mayer
By
Natalie A. Mayer-Yeager
Lease Agreement
K:/Public Works/Mayer Lease Agrmt
4
MEETING DATE:
March 15, 2005
ITEM# ]I (~) ,
/
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
MAYER RIGHT OF WAY LEASE AGREEMENT
CATEGORY:
BUDGET IMP ACT:
0
0
~
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated February 28,2005.
SUMMARYIBACKGROUND: Mr. Kurt Mayer owns water front property adjacent to 53rd Avenue SW. The only
access to the property is through a dirt path on the unopened portion of 53rd Avenue SW and a tram system located on his
property mid-hillside. Mr. Mayer wishes to expand the existing tram system from mid-hillside tenninal to a new tenninal
adjacent to the improved street area on top of the hillside. Mr. Mayer inquired about the vacation of the right of way on
53rd Avenue SW between SW 311 th Place and Puget Sound so he can construct his tram extension. Staff infonned Mr.
Mayer that the City code section 13-103 (3) do not allow vacation of right of way abutting any body of water. Then Mr.
Mayer inquired about leasing a portion of the right of way for the purpose of constructing his proposed tram rail
extension. Staff indicated that leasing part of the unopened portion of the right of way, approximately 1,690 square feet,
might be an option but will require City Council approval. Also, the construction of the tram extension will require
submittal of Environmental Checklist and Shoreline pennit approval before leasing the property if the purpose behind the
lease is to construct a tram extension. Mr. Mayer submitted the required documentation and was issued a Detennination
of Nonsignificance (DNS) on his Environmental Checklist (SEP A) and approval for his Shoreline Pennit on
November 2nd, 2004.
During staff review of the survey infonnation provided by Mr. Mayer for SEP A and the Shoreline Pennit, it was noted
that an auxiliary building and a concrete deck was built within the city right of way area encumbering approximately
1,736 square feet. The building encroachment was brought to Mr. Mayer's attention. He informed staff that the building
was constructed more that twenty years ago and the County was aware of this encroachment and required Mr. Mayer to
sign a "Statement of Encroachment and acknowledgement of County Interest" (copy attached). Staffinfonned Mr. Mayer
that this area would also be added and presented to Council as part of the lease agreement.
The proposed lease agreement is for five (5) years with an option for renewal upon mutual written agreement of the
parties of three additional five years renewal tenns. The lease rate is set at an annual rent of $1.00 per square foot per year
for a total of$17,130.00 plus 12.84% leasehold excise tax.
Mr. Mayer has reviewed the attached agreement and agrees with the proposed agreement in principle. He requested staff
present the following two changes to the City Council:
1.
Two leases instead of one - Mr. Mayer prefers one lease for the tram area and one lease for the auxiliary
building area.
Staff feels that both areas are within the same stretch of the unopened right of way and for the purpos.e and use of
one parcel and one owner. Therefore the lease should remain as one lease. If the city needs one of the areas for
any purpose pr the tram is no longer needed by the Mayer's, then a lease amendment can be processed to modifY
the lease area.
2.
The City's standard language for a right of way lease allows the city to terminate the lease without prior
notice and without cause. Mr. Mayer would like this language changed to read that the city may
terminate the lease on any non-discriminatory basis that is also not arbitrary or capricious.
Because the property in question is a City right of wcry, the City's practice has been to allow the use only under a
license, which is terminable at will by the City. The Agreement with the Mayer's, although referred to as a lease
is really only a license.
At the February 28, 2005, the Land Use and Transportation Committee directed staff to modify the lease agreement
termination language and present the lease agreement to the City Council as a new business items
The old termination language was:
"The City mav terminate this lease at anv time without vrior notice and without cause "
The revised language is:
"The Citv Mav terminate this lease at anv time. without vrior notice. for anv public purpose. Upon termination.
the lessee shall remove all of its imvrovements from vremises vursuant to section 12 "
CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 28, 2005 meeting, the Land Use and
Transportation Committee forwarded the following staff recommendations:
Authorize the City manager to execute the attached lease agreement as amended to include language to the effect that
the City can terminate the lease for any public purpose.
PROPOSED MOTION: "I move to authorize the City Manager to execute the Mayer Right of Way Lease Agreement as
amended."
CITY MANAGER APPROVAL:
~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0
0
0
0
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
k:\council\agdbills\2005\3-15-05 mayer right of way lease agreementdoc
LEASE AGREEMENT
1.
PARTIES.
THIS LEASE dated the - day of , 2005, is between the
CITY OF FEDERAL WAY, a non-charter optional municipal code city organized and
existing under the laws of the State of Washington, Lessor ("City"), 'and Pamela R.
Mayer, a married woman as her separate estate, Joseph E. Mayer, a married man as his
separate estate, and Natalie A. Mayer-Yeager, a married woman as her separate estate
("Lessee"), owners of the Property located at 31042 53rd Avenue SW, Federal Way, WA
98023 ("Adjacent Property") legal description attached as EXHIBIT A.
2.
PREMISES.
The City hereby leases to Lessee, upon the following tenus and conditions, the
premises ("Premises") located in the City of Federal Way, King County, Washington.
The Premises are comprised of approximately one thousand six hundred ninety (1,690)
square feet in the tram area and approximately one thousand seven hundred thirty-six
square feet in the boathouse and bulkhead area, for a total of approximately three
thousand four hundred twenty-six (3,426) square feet, and are legally described as
follows: .
(See EXHIBIT B attached.)
The parties acknowledge that the Premises are a portion of 53rd Avenue South
West owned by the City and over which the City exercises governmental authority
pursuant to, inter alia, RCW 35A.47 and RCW 47.24, and Federal Way City Code
("FWCC") Chapter 13.
3.
TERM.
This Lease tenn shall be for five (5) years, commencing upon the date of issuance
of the building pennit for the tram, unless tenninated sooner pursuant to Paragraph 10, or
other provisions; of this Agreement. Upon the mutual written agreement of the parties,
this Lease may be renewed for three (3) additional five (5) year renewal tenus. Consent
to renewal shall be at the sole discretion of the City.
4.
RENT.
A. Rental Rate.
Lessee shall pay the City an annual rent of One Dollar ($1.00) per square foot per year,
for a total of Seventeen Thousand One Hundred Thirty and NO/lOO Dollars ($17,130.00),
plus 12.84% leasehold excise tax, payable in advance on or before the first (1st) day of
Lease Agreement
K:/Public WorkslMayer Lease Agrmt
the Lease term. All rents shall be made payable to City of Federal Way and are to be
received at the following address:
Director of Management Services
City of Federal Way
33325 8th Avenue South
P.O. Box 9718
Federal Way, W A 98063-9718
Said rental is exclusive of any sale, franchise, business or occupation, or other tax based
on rents, Should any such taxes apply during the life of this Lease, the rent shall be
increased by such amount.
B. Annual Rent Increase.
The rent shall be increased each renewal term (if any), by the amount of inflation
as determined by the Consumer Price Index - Washington, Rent increases pursuant to
this paragraph shall commence on the first renewal term of this Lease.
5.
USE.
Lessee shall use said premises for the following pmposes and no other without
prior written consent of the City:
Operation, use, repair and maintenance of Tram, Boathouse, and Bulkhead as
shown on EXHIBIT C. Expansion of the existing uses described in EXHIBIT C
shall not be allowed.
6.
GENERAL TERMS AND CONDITIONS.
Attached hereto as EXHIBIT D and incorporated herein by reference are
"Federal Way General Terms and Conditions," which shall govern the obligations and
performance of the parties under this Lease.
7.
INDEMNIFICATION.
Lessee agrees to indemnify, defend, and hold City, its elected officials, officers,
employees, agents, and volunteers harmless 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, invitees or
representatives, arising from, resulting from, or connected with this Agreement or the
Lessee's use of the Premises.
Lease Agreement
K:lPublic WorkslMayer Lease Agrmt
2
8.
ENTIRE AGREEMENT - AMENDMENTS.
This printed Lease, together with the "Terms and Conditions" attached as
EXHIBIT D, and any and all Exhibits expressly incorporated herein by reference and
attached hereto shall constitute the whole agreement between the parties. There are no
terms, obligations, covenants or conditions other than those contained herein. No
modification or amendment of this Lease shall be valid or effective unless evidenced by
an agreement in writing signed by both parties,
9.
NOTICES.
Required notices, except legal notices, shall be given in writing to the following
respective address:
To The City:
City Manager
City of Federal Way
33325 8th Avenue South
P. O. Box 9718
Federal Way, WA 98063-9718
With a copy to:
City Attorney
City of Federal Way
33325 8th Avenue South
P. O. Box 9718
Federal Way, W A 98063-9718
To Lessee:
Pamela R. Mayer, Joseph E. Mayer and Natalie A.
Mayer-Yeager
312 South 112th Street
Tacoma, W A 98444
With a copy to:
Gordon Thomas Honeywell
Attn: Warren J. Daheim or William E. Holt
1201 Pacific Ave., Suite 2100
P.O. Box 1157
Tacoma, WA 98401
Or to such other respective address as either party hereto may hereafter, from time to
time, designate in writing. Notices sent by mail shall be deemed to have been given
when properly mailed.
Lease Agreement
K:lPublic WorksIMayer Lease Agrmt
3
10.
TERMINATION
The City may tenninate this Lease at any time, without prior notice, for any
public purpose. Upon tennination, the Lessee shall remove all of its improvements from
the Premises pursuant to Section 12.
11.
VACATION OF RIGHT-OF-WAY.
In the event the City vacates all or a portion of the Premises pursuant to the
FWCC, this Lease shall be tenninated for that portion of the premises vacated.
Tennination shall be effective upon the effective date of the vacation ordinance adopted
under FWCC Section 13-103, as existing or as hereafter amended.
12.
REMOVAL OF FACILITIES
Upon the expiration, tennination, or revocation of the rights granted under this
Lease, the Lessee shall remove all of its improvements from the Premises within 90 days
of receiving notice from the Public Works Director to do so. Any costs incurred by the
City in removing any improvements on the leased premises shall be a lien on the
Adjacent Property. Provided, however, that the City may pennit the improvements to be
abandoned in place in the City's sole discretion and in such a manner as the City may
prescribe. Upon pennanent abandonment, the improvements shall become the property
of the City.
IN WITNESS WHEREOF, the parties hereto have subscribed their names as of the
- day of , 2005.
LESSEE:
By
Pamela R. Mayer
By
Joseph E. Mayer
By
Natalie A. Mayer-Yeager
Lease Agreement
K:lPublic WorkslMayer Lease Agnnt
4
LESSOR:
CITY OF FEDERAL WAY
By
David H. Moseley, City Manager
ATTEST:
By
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
By
Patricia A. Richardson, City Attorney
STATE OF WASHINGTON)
) ss.
COUNTY OF )
On this day personally appeared before me, ,
to me known to be the individual described in and who executed the foregoing
instrument, and on oath swore that he/she/they executed the foregoing instrument as
hislher/their free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN my hand and official seal this
day of
,2°°_"
(typed/printed name of notary)
Notary Public in and for the State of
Washington,
My commission expires
Lease Agreement
K:/Public WorkslMayer Lease Agrmt
5
EXHIBIT A
LEGAL DESCRIPTION OF ADJACENT PROPERTY
LOT [6A, BLOCK [, HEALY PAUSADES, ACCORDING TO THE PLAT THEREOf. RECORDED
(N VOLUME 33 or PLA 1'5, PAGE 45, IN K[NG COUNTY, WASHINGTON.
TOGETHER WITH THAT PO RTf ON Of VACATED SW 3[ [rH PLACE, ALSO KNOWN AS PARK
LANE, BY VACATfONORDfNANCE 5899 AS WOULD ATTACH BY OPERATfON or- LAW.
LOT [4, BLOCK [, HEALY PAUSADES, ACCORDING TO PLAT RECORDED IN VOLUME 33 or
PLATS, PAGE 45 eN KeNG COUNTY W AS HfNGTO N, EXCEPT THE SOUTHERLY [[5 fEET
THEREOF AS MEASURED ALONG THE EAST UNE or SAID LOT [4, AND THAT PO RTf ON Of
LOT l5 eN SAID BLOCK I DESCRIDED AS FOLLOWS:
BEGINNeNG ON THE WESTERLY UNE OF SAm LOT l5 AT A POeNT NORTH l5°06' WEST,
349.05 FEET FROM THE SOUTHWEST CORNER OF SAID LOT [5; THENCE CONTINUING
ALONG SAm WEST UNE NORTH l5°06' WEST, 82.78 FEET; THENCE SOUTH 30°. EAST, 80
FEET; THENCE SOUTH 60° WEST, 2l.29 FEET TO THE POeNT Of. BEGrNNeNG.
TOGETHER W[TH THE FOLLOWING DESCRfBED PARCEL:
BEGINNING ON THE WESTERLY LINE Of. SA[O LOT [5 AT A POINT N[5°[6'[0"W, 430.66
FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE S30° lO'54"E, 30.67 FEET TO THE
TRUE POrNT OF BEGINNING; THENCE CONTfNU[NG S300l0'54"E, l5.34 FEET; THENCE
Nl2°32'30"W. 5.47 FEET; THENCE N39°28'30"W, {Q,26 FEET TO THE TRUE POINT Of.
BEGINNING.
EXCEPT THAT PO RTf ON DESCRæEDAS FOLLOWS:
BEGINNING ON THE WESTERLY LINE OF SAID LOT l5 AT A POINT NI5°16'[0"W. 430.66
FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE S45°00'W, 2.03 FEET; THENCE
S33°53'45"E, 30.22 FEET; THENCE N30°{Q'54"W, 30.67 FEET TO THE TRUE POINT OF
BEGINNING.
ALSO EXCEPT THAT PORnON DESCRfBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF SA[D LOT 14; THENCE NI5°06'38"W,
ALONG THE LINE BETWEEN LOTS 14 AND 15, BLOCK [ IN SA[D PLAT OF HEALY
PALISADES, 115.18 FEET TO THE POINT OF BEGINNING OF TH[S DESCRlPTfON; THENCE
CONTrNUE NI5°06'38"W, 27.00 FEET; THENCE S48°00'0 ["W, 53.13 FEET TO A POINT ON THE
WESTERL Y LINE OF LOT 14, THENCE N78°28'30"E, PARALLEL WITH THE SOUTHERL Y LINE
OF SAID LOT, 47.48 FEET TO THE POINT OF BEGINNING,
([298697 vOLdoc
- I -
EXHIBIT B-1
LEGAL DESCRIPTION FOR
PROPOSED TRAM FACILITIES PERMIT AREA
CITY OF FEDERAL WAY, WASHINGTON
THAT PORTION OF S3RD AVENUE S.W. (AKA BEACH LANE) AS DEDICATED TO THE
PUBLIC ON THE PLAT OF HEALY PALISADES, AS RECORDED IN VOLUME 33 OF PLATS,
PAGE 45, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 14, BLOCK 1 OF SAID PLAT;
THENCE N14°10'38'W, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 143.37
FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE S14°10'38"E ALONG SAID LOT LINE AND THE EASTERLY MARGIN OF SAID
STREET, A DISTANCE OF 39.00 FEET;
THENCE S38°20'18'W, A DISTANCE OF 26.10 FEET;
THENCE S64°3S'OO'W, A DISTANCE OF 26.93 FEET, MORE OR LESS, TO THE WESTERLY
MARGIN OF SAID STREET; .
THENCE N25°25'OO'W. ALONG SAID WESTERLY MARGIN, A DISTANCE OF 18.46 FEET,
MORE OR LESS, TO AN ANGLE POINT;
THENCE CONTINUING ALONG SAID WESTERLY MARGIN, N27°44'00"W, A DISTANCE OF
2.71 FEET, MORE OR LESS, TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING
BEARS N38°20'18"E;
THENCE N38°20'18"E, A DISTANCE OF 64.75 FEET, MORE OR LESS, TO THE TRUE
POINT OF BEGINNING.
(CONTAINS 1,690 SQUARE FEET, MORE OR LESS, OR APPROXIMA TEL Y 0.04 ACRES.)
Prepared by BASELINE Engineering, Inc.
BASELlNE,Job No. 02-108
File Name: 02108- TramFacilitiesPermitOesc.doc
Date: 10/18/2004
EXHIBIT B-la
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EXHIBIT B-2
LEGAL DESCRIPTION
PROPOSED DECK LEASE AREA
CITY OF FEDERAL WAY, W ASHfNGTON
THAT PORTfON OF 53RD AVENUE S.W. (AKA BEACH LANE) AS DEDfCATED TO THE
PUBLfC, AND OF THE PARCEL LABELED "COMMUNITY BEACH", ALL ON THE PLAT
OF HEALY PALfSADES, AS RECORDED IN VOLUME 33 OF PLATS, PAGE 45,
RECORDS OF KfNG COUNTY, WASHINGTON, DESCRfBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 14, BLOCK 1 OF SAID PLAT;
THENCE, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 318.00 FEET TO
THE TRUE POINT OF BEGINNING OF THfS DESCRfPTION;
THENCE S50o00'W A DISTANCE OF 37.00 FEET;
THENCE NI4°10'38"W A DISTANCE OF 52.00 FEET;
THENCE N50o00'E, A DISTANCE OF 38.81 FEET, MORE OR LESS, TO THE EASTERLY
LINE OF SAID "COMMUNITY BEACH" PARCEL;
THENCE SOooOO'W, ALONG SAID EASTERLY MARGIN, A DISTANCE OF 6.65 FEET,
MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 14;
THENCE SI4°10'38"E, ALONG THE WEST LINE OF SAfD LOT, A DISTANCE OF 46.34
FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
(CONTAINS 1,736 SQUARE FEET. MORE OR LESS. OR APPROXIMATELY 0.04 ACRES.)
(1298697 vOl.doc]
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TRAM AND DOCK
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EXHIBIT C
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MAYER TRAM EXTENSION
SITE PLAN
JON GRAVES ARCHITECTS & PLANNERS
SCALE: Ya" = 1'-0"
MARCH 7, 2005
EXISTING
STAIR
SYSTEM
PROJECT
NORTH
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Pa e 3
8'-0" HIGH TRAM
TERMINUS LOCATION
TRAM RAIL
EXTENSION
MAYER TRAM EXTENSION
SITE SECTION, --
JON GRAVES ARCHITECTS & PLANNERS
SCALE: ra" = 1 '-0"
MARCH 7, 2005
EXHIBIT D
CITY OF FEDERAL WAY
GENERAL TERMS AND CONDITIONS
1.
LATE PAYMENT, TAXES, AND LICENSES.
A. LATE PAYMENTS. There will be a late collection charge of
twelve percent (12%) of the rent, per annum, for any delinquent rental not delivered to
the City of Federal Way (the "City") by the tenth (10th) of the month in which rent is
due.
B. LICENSE AND TAXES. Lessee shall pay throughout the term of
this Lease, all applicable taxes and all license and excise fees covering the business
conducted on the premises.
C. OTHER CONSIDERATION. No offset, reduction, or credit
toward rent shall be allowed unless it is in writing and signed by the City Manager of the
City.
2.
COMPLIANCE WITH ALL LAWS AND REGULATIONS.
In using the premises, Lessee will comply with all applicable laws, ordinances,
and regulations of any and all authorities having jurisdiction. Lessee specifically agrees
to comply, and pay all costs associated with achieving such compliance, without any
notice of requirements from the City, and that the City does not waive this section by
giving notice of demand for compliance in any instance.
3.
IMPROVEMENTS AND ALTERATIONS.
A. Lessee shall make no alterations or improvements to or upon the
premises, or install any fixtures (other than trade fixtures which can be removed without
injury to the premises) without first obtaining written approval from the City.
B. Upon the expiration, termination, or revocation of the rights
granted under this Lease, the Lessee shall remove all of its improvements or alterations
from the Premises within 90 days of receiving notice from the Public Works Director to
do so. Any costs incurred by the City in removing any improvements on the leased
premises shall be a lien on the Adjacent Property. Provided, however, that the City may
permit the improvements or alterations to be abandoned in place in the City's sole
discretion and in such a manner as the City may prescribe. Upon permanent
abandonment, the improvements or alterations shall become the property of the City.
Lease Agreement - General Tenns and Conditions
K:/Public WorkslMayer Lease Agnnt
Exhibit D
4. CONDITION OF PREMISES. Lessee has inspected and knows the
condition of the premises and it is understood and agreed that the premises are leased on
an "as is" basis without any obligation on the part of the City to make any changes,
improvements, or to incur any expenses whatsoever for the maintenance or repair of the
premises. The City does not warrant the suitability of the site for any purpose, including
the intended Use, and specifically does not warrant the suitability or stability of the soil
or slope for any use.
5. CONSTRUCTION DEFECTS. The City shall not be liable to Lessee
for claims or damages arising from any defect in the construction of or the present
condition of the premises, whether known or unknown, or for damage by storm, rain, or
leakage or any other occurrence.
6.
MAINTENANCE.
A. Lessee shall, throughout the term of this Lease without cost or
expense to the City, keep and maintain the leased premises and all improvements,
landscaping, fixtures, and equipment which may now or hereafter exist thereon, in a neat,
clean, and sanitary condition and shall, except for reasonable wear and tear, at all times
preserve the premises in good and safe repair. Upon the expiration or sooner termination
of the Lease, Lessee shall forthwith return the same in as good condition as existed at the
commencement of occupancy (ordinary wear and tear excepted).
B. If, after thirty (30) days' notice from the City, Lessee fails to
maintain or repair any part of the leased premises or any improvement, landscaping,
fixtures or equipment thereon, the City may, but shall not be obligated to, enter upon the
leased premises and perform such maintenance or repair, and Lessee agrees to pay the
costs thereof to the City upon receipt of a written demand. Any unpaid sums under this
paragraph shall be payable as additional rent on the next rent payment date due following
the written demand and will bear interest at the maximum rate allowed by Washington
State Law. Any unpaid sums and interest remaining after the rent payment due date shall
become a lien against the Adjacent Property.
7. INDEMNITY AND HOLD HARMLESS. Lessee agrees to indemnify
and hold the City harmless as provided herein to the maximum extent possible under the
law. Accordingly, Lessee agrees for itself, its successors, and assigns, to defend,
indemnify, and hold harmless the City, its appointed and elected officials, and employees
from and against liability for all claims, demands, suits, and judgments, including costs of
defense thereof for injury to persons, death, or property damage which is caused by,
arises out of, or is incidental to Lessee's exercise of rights and privileges granted by this
Lease. Lessee's obligations under this section shall include:
(a)
Indemnification for any and all claims;
(b) The duty to promptly accept tender of defense and provide defense
to the City at Lessee's own expense;
Lease Agreement - General Terms and Conditions
K:/Public WorkslMayer Lease Agrmt
Exhibit D
(c)
Indemnification of claims made by Lessee's employees, agents or
invitees; and
(d) Waiver of Lessee's immunity under the industrial insurance
provisions of Title 51 RCW, of which the waiver has been mutually negotiated by the
parties.
In the event it is necessary for the City to incur attorney's fees, legal expenses or
other costs to enforce the provisions of this section, all such fees, expenses and costs shall
be recoverable from Lessee.
In the event it is determined that RCW 4.24.115 applies to this Lease, Lessee
agrees to defend, hold hannless, and indemnify the City to the maximum extent pennitted
thereunder, and specifically for its negligence concurrent with that of the City to the full
extent of Lessee's negligence. Lessee agrees to defend, indemnify, and hold hannless the
City for claims by Lessee's employees and agrees to waiver of its immunity under
Title 51 RCW, of which waiver has been mutually negotiated by the parties,
8. LIABILITY INSURANCE. Lessee shall procure and maintain for the
duration of this Lease, insurance against claims for injuries to persons or damages to
property which may arise from, or in connection with Lessee's operation and use of the
premises at a level of no less than $2 million per occurrence, and the City shall be named
as additional insured on all such insurance policies.
A. OTHER INSURANCE PROVISIONS. The policy is to contain,
or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers
are to be covered as insured as respects liability arising out of premises rented or used by
Lessee.
2. Lessee's insurance coverage shall be primary insurance as
respects the City, its officers, employees, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers
shall be excess of Lessee's insurance and shall not contribute with it.
3. Any failure to comply with reporting provisions of the
policy shall not affect coverage provided to the City, its officers, officials, employees, or
volunteers.
4. Coverage shall state that Lessee's insurance shall apply
separately to each insured against whom claim is made or suit is brought except with
respect to the limits ofthe insurer's liability.
5. Insurance policy shall be endorsed to state that coverage
shall not be suspended, voided, cancelled, reduced in coverage or in limits, except after
Lease Agreement - General Terms and Conditions
K:/Public WorkslMayer Lease Agrmt
Exhibit D
thirty (30) days' prior written notice by certified mail, return receipt requested, has been
given to the City.
B. ACCEPTABILITY OF INSURERS. Insurance is to be placed
with insurers with a Bests' rating of no less than A:XI.
C. VERIFICATION OF COVERAGE. Lessee shall furnish the
City with certificate(s) of insurance and with original endorsement(s) effecting coverage
required by this contract. The certificate and endorsement for each insurance policy are
to be signed by a person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements or each insurance policy are to be provided by the City and
are to be received and approved to the City before occupancy commences. The City
reserves the right to require complete certified copies of all required insurance policies at
any time.
9. RELEASE AND WAIVER. To the extent a loss is covered by insurance
in force, and to the extent the City is not indemnified for such loss by Lessee under
Section 7 above, the Lessee hereby releases the City from liability and waives all right of
recovery against the City for any loss from perils insured against under the City's
respective fire or comprehensive general liability insurance policies, including any
extended coverage endorsements hereto; provided, that this Lease shall be incapable if it
would have the effect of invalidating any insurance coverage of the City.
10. SURRENDER OF PREMISES. At the expiration or earlier termination
of this Lease, Lessee shall promptly surrender possession of the premises to the City.
11. DEFAULT AND RE-ENTRY. If any rents above reserved or other
obligations provided herein, or any part thereof shall be and remain unpaid when the
same shall become due, or if Lessee shall violate or default on any of the covenants and
agreements herein contained, the City may serve written notice to Lessee ordering
compliance and Lessee shall have thirty (30) days from receipt of such notice in which to
comply. If Lessee has not cured the default within 30 days of receiving notice from the
City of such default or, if such default is not curable within 30 days, if Lessee fails to
commence such cure within 30 days or fails thereafter to diligently pursue such cure to
completion, the City may immediately cancel this Lease and re-enter said premises using
such force as may be required.
12. ASSURANCE OF PERFORMANCE. In the event of a default in the
performance of any obligation under this Lease that remains uncured for more than ten
(10) days after demand, the City may request and Lessee shall provide adequate
assurance of the future performance of all obligations under this Lease. The adequacy of
any assurance shall be determined according to commercially reasonable standards for
Lessors of real property in the County of King, State of Washington. Adequate assurance
shall include, but not be limited to, a deposit in escrow, a guarantee by a third party
acceptable to the City, a surety bond, or a letter of credit. Lessee's failure to provide
Lease Agreement - General Terms and Conditions
K:/Public WorksIMayer Lease Agrmt
Exhibit D
adequate assurance within twenty (20) days of receipt shall constitute a material breach
and the City may in its discretion terminate this Lease.
13. ADVANCES BY THE CITY FOR LESSEE. If Lessee fails to pay any
fees or perform any of its obligations under this Lease other than payment of rent, the
City will mail notice to Lessee of its failure to payor perform. Twenty (20) days after
mailing notice, if Lessee's obligation remains unpaid or unperformed, the City may pay
or perform these obligations at Lessee's expense. Upon written notification to Lessee of
any costs incurred by the City under this paragraph, Lessee will reimburse the City within
twenty (20) days.
14. NON-WAIVER. It is hereby agreed that no waiver of any condition or
covenant in this Lease or any breach thereof, shall be taken to constitute waiver of any
subsequent breach.
15. INSPECTION AND "FOR RENT" SIGNS. The City reserves the right
to inspect the premises at any and all reasonable times throughout the term of this Lease,
provided that the City shall not interfere unduly with Lessee's operations. The right of
inspection reserved to the City hereunder shall impose no obligation on the City to make
inspections to ascertain the condition of the premises, and shall impose no liability upon
the City for failure to make such inspections.
16. LIENS. It is understood and agreed that this Lease is executed and
delivered upon the express condition that Lessee will not and cannot contract any debt or
debts for labor, materials, services, or otherwise which will or may become a lien against
the interest of the City in the premises, or the City hereby denies to Lessee any right,
power, or authority to do any act, or contract any obligation or liability which would in
any way subject the interest of the City in the premises to any lien, claim, or demand
whatsoever.
17. LIENS BY CITY. If the City incurs any costs arising from any provision
of this Lease, the City may incorporate any unreimbursed costs or payments due into an
assessment lien on the Adjacent Property. The City shall certify to the county treasurer
the confirmed amount and notify Lessee in writing of the certification. The county
treasurer shall enter the amount of such assessment upon the tax rolls against the property
for the current year and the same shall become a part of the general taxes for that year to
be collected at the same time and with interest at such rates as provided in RCW
84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be
deposited to the credit of the general fund of the city. The lien shall be of equal rank with
the state, county and municipal taxes. The validity of any assessment made under the
provisions of this chapter shall not be contested in any action or proceeding unless the
same is commenced within 15 calendar days after the assessment is placed upon the
assessment roll.
~ ..
18. ASSIGNMENT OR SUBLEASE. Lessee may not asSign this Lease nor
transfer occupancy of the Premises or use or ownership of any improvements installed
thereon, in whole or in part, without the prior written consent of City.
Lease Agreement - General Terms and Conditions
K:lPublic WorksIMayer Lease Agrmt
Exhibit D
19.
CONDEMNATION.
A. The City and Lessee will give to the other immediate written
notice of the receipt of notice of any proceedings with respect to a condemnation and of
any intention of any authority to exercise the power of eminent domain.
B. If all of the premises are taken by any lawful authority under the
power of eminent domain for a period which will end on or extend beyond the expiration
of the term of this Lease, this Lease terminates as of the date condemner takes
possession, and Lessee will have no claim or interest in or to any award of just
compensation except that Lessee will be entitled to an amount equal to the fair market
value of Lessee's leasehold interest in any improvement taken by the condemner made to
the premises by Lessee, but not to exceed the amount of that part, if any, of the award
attributable to the value of the improvements.
C. If part of the premises is taken by any lawful authority under the
power of eminent domain for a period which will end on or extend beyond the expiration
of the term of this Lease, the City or Lessee may choose to terminate this Lease as of the
date the condemner takes possession. If neither the City nor Lessee elects to tenninate
this Lease, the rent will be reduced in the same proportion that the value of the portion of
the premises to be taken bears to the value of the entire premises as of the date
condemner takes possession. Lessee will have no claim or interest in or to any award of
just compensation or damages except that Lessee will be entitled to an amount equal to
the fair market value of Lessee's leasehold interest in the part taken by the condemner of
any improvements made to the premises by Lessee, but not to exceed the amount of that
part, if any, of the award attributable to the value of the improvements.
D. If temporary use of all or a portion of the premises is taken by any
lawful authority for a period which would reduce the leasehold and, consequently, would
cause the premises to be untenantable for the use by Lessee for the purposes set forth in
the section of this Lease title "Use," then, at Lessee's determination, the City or Lessee
may choose to terminate this Lease. If the City or Lessee elect to terminate the Lease, the
Lease will tenninate the date the condemner takes possession and Lessee will have no
claim or interest in or to any award of just compensation except that Lessee will be
entitled to an amount equal to the fair market value of Lessee's leasehold interest in any
improvements made to the premises by Lessee. If neither the City or Lessee elects to
terminate this Lease, the Lease will continue in full force and Lessee will be entitled to
receive any award fonn condemner for the use of all or part of the premises, EXCEPT
that Lessee may elect to have the rents reduced by the amount proportionally attributable
to any partial temporary taking, in which event Lessee shall not be entitled to any portion
of the award attributable to said use.
E. It is understood and agreed that Lessee shall not be party to any
negotiation or proceedings at law wherein the City claims compensation other than that
which is defined statutorily as constituting "just compensation."
Lease Agreement - General Tenns and Conditions
K:/Public WorksIMayer Lease Agnnt
Exhibit D
20. ANTI-DISCRIMINATION. In all services or activities and all hiring or
employment made possible by or resulting from this Lease, there shall be no
discrimination against any employee or applicant for employment because of sex, age
(except minimum age and retirement provisions), race, color, creed, national origin,
martial status, sexual orientation, or the presence of any sensory, mental, or physical
handicap, unless based upon a bona fide occupational qualifications. This requirement
shall apply to but not be limited to the following: Employment, advertising, layoff or
tennination, rates of payor other fonns of compensation, and selection for any of the
tenus of RCW 49.60, Title VII of the civil Rights Act of 1964 or any other applicable
federal, state, or local law or regulations regarding non-discrimination. Any violation of
this provisions shall be considered a violation of a material provision of this Lease and
shall be grounds for cancellation, tennination, or suspension, in whole or in part of the
Lease by the City and may result in ineligibility for further City agreements.
21. HEIRS, AGENTS, AND ASSIGNS. Subject to and without limiting any
provisions of this Lease pertaining to assignment and subletting, the provisions of this
Lease bind the heirs, successors, agents and assigns of any of the parties to this Lease.
22. CAPTIONS. The captions in this Lease are for convenience only and do
not in any way limit or amplify the provisions of this Lease.
23. TIME IS OF THE ESSENCE. Time is of the essence of this Lease, and
in the event of the failure of Lessee to pay any charges at the time in the manner herein
specified, or to keep any of the covenants or agreements herein set forth, Lessee shall be
in default.
24. CUMULATIVE REMEDIES. No provision of this Lease precludes the
City from pursuing any other remedies for Lessee's failure to perfonn its obligations.
Further, this Lease may be enforced at both law and equity. Damages are not an adequate
remedy for breach.
25. ATTORNEYS' FEES/COLLECTION CHARGES. In the event legal
action is brought by either party to enforce any of the tenus, conditions, or provisions of
this Lease, the prevailing party shall recover against the other party in addition to the
costs allowed by law, such sum as the court may adjudge to be reasonable attorneys' fees.
26. HOLDING OVER. If Lessee holds over after the expiration or earlier
tennination of the tenn hereof without the express written consent of the City, Lessee
shall become a tenant at sufferance only at a rental rate equal to one hundred fifty percent
(150%) of the rent in effect upon the date of such expiration (prorated on a daily basis),
and otherwise subject to the tenus, covenants, and conditions herein specified so far as
applicable Acceptance by the City of rent after such expiration or earlier tennination
shall not result in a renewal of this Lease, nor affect the City's right of re-entry or any
rights of the City hereunder or as otherwise provided by law. If Lessee fails to sUITender
the premises upon the expiration or tennination of this Lease despite demand to do so by
the City, Lessee shall indemnify, defend, and hold the City hannless from all loss or
liability including, without limitation, any claim made by any succeeding tenant founded
Lease Agreement - General Terms and Conditions
K:/Public WorksIMayer Lease Agnnt
Exhibit D
on or resulting from the failure to surrender, and including without limitation any design,
engineering, construction or other costs for construction, installation, modification or
alteration of street, sidewalk or related improvements within the Premises or within the
53rd Avenue South right-of-way, attributable to or resulting from the failure to surrender.
Lessee's indemnification herein shall be together with interest, attorney's fees, and costs.
27. HAZARDOUS SUBSTANCES. Lessee shall not without first obtaining
the City's proper written approval, generate, release, spill, store, deposit, transport, or
dispose of (collectively referred to as "Release") any hazardous substances, sewage,
petroleum products, radioactive substances, medicinal, bacteriological, or
disease-producing substances, hazardous materials, toxic substances or any pollutants or
substances defined as hazardous or toxic as defined and in accordance with applicable
federal, state, and local laws and regulations in any reportable quantities ("Hazardous
Substances") in, on, or about the premises. In the event, and only in the event, the City
approves such Release of Hazardous Substances on the premises, Lessee agrees that such
release shall occur safely and in compliance with all applicable federal, state, and local
laws and regulations. Lessee shall indemnify and hold the City hannless fonn any and all
claims, liabilities, lawsuits, damages, and expenses, including reasonable attorneys' fees
(hereinafter "Claim") for bodily injury or death, property damage or loss, or cleanup
costs arising out of this Lease to the extent such injury, death, damage, loss, or costs are
caused by the Release by Lessee or any of its agents, representatives or employees in, on,
or about the premises occurring during the tenn of this Lease.
Lessee shall be fully and completely liable to the City for any and all clean-up
costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any
governmental authority with respect to Lessee's use, disposal, transportation, generation
and/or sale of Hazardous Substances in or about the premises, common areas, or
buildings. Lessee shall indemnify, defend, and save the City hannless from any and all
of the costs, fees, penalties, and charges assessed against or imposed upon the City (as
well as the City's attorney's fees and costs) as a result of Lessee's use, disposal,
transportation, generation and/or sale of hazardous substances.
Upon Lessee's default under this Section, the City shall be entitled to the
following rights and remedies:
(a)
At the City's option, to tenninate this Lease immediately; and/or,
(b) To recover any and all damages associated with the default,
including, but not limited to clean-up costs and charges, civil and criminal penalties and
fees, adverse impact on marketing a space in the building, loss of business and sales by
the City and other tenants of the building, diminution of value of the premises and/or
building, the loss or restriction of useful space in the premises and/or building, any and
all damages and claims asserted by third parties and the City's attorney's fees and costs.
Lease Agreement - General Terms and Conditions
K:lPublic WorkslMayer Lease Agrmt
Exhibit D
28. SEVERABILITY. If any tenn or provIsIOn of this Lease or the
application of any tenn or provision to any person or circumstance is invalid or
unenforceable, the remainder of this Lease, or the application of the tenn or provision to
persons or circumstances other than those as to which it is held invalid or unenforceable,
shall not be affected and will continue in full force,
END OF GENERAL TERMS AND CONDITIONS
Lease Agreement - General Terms and Conditions
K:/Public WorksIMayer Lease Agrmt
Exhibit D
When Recorded Mail To:
CITY OF FEDERAL WAY
33325 8th Ave S
PO Box 9718
FEDERAL WAY, W A 98063
A TTN: Marwan Salloum
SHORT FORM LEASE
Grantor: City of Federal Way
Grantee: Pamela R. Mayer. Joseph E. Mayer. and Natalie A. Mayer-Yeager
Legal Description (abbreviated): That portion of Lot 14. Block 1. Healy Palisades
Addition. Volume 33 of Plats. page 45. records of King County.
WA
Complete legal description is on page l of document
Assessor's Tax Parcel ID#: 321020-0107
This Short Fonn Lease is made as of the - day of , 2005, by
and between CITY OF FEDERAL WAY, a non-charter optional municipal code city
organized and existing under the laws of the State of Washington ("Landlord"), and
PAMELA R. MAYER, a married woman as her separate estate, JOSEPH E. MAYER, a
married man as his separate estate, and NATA TLIE A. MA YER- YAEGER, a married
woman as her separate estate ("Tenant"), owners of the Property located at 31042 53rd
Avenue SW, Federal Way, W A 98023 ("Adjacent Property"), legal description attached as
Exhibit A.
RECITALS
Landlord and Tenant have entered into a Lease as of the date set forth above (the
"Lease") with respect to the property described on Exhibits B-1 and B-2 hereto (the
"Premises"). Landlord and Tenant wish to give notice of the Lease. Accordingly, they
agree:
1. Agreement. Landlord leases to Tenant and Tenant leases from Landlord,
the real property identified on Exhibit B attached hereto.
[Short Fon" Agreement 3-3-05]
2. Term. This Lease term shall be for five (5) years unless terminated sooner
pursuant to Paragraph 10 of the Lease, or other provisions of the Lease. Upon the mutual
written agreement of the parties, this Lease may be renewed for three (3) additional five
(5) year renewal terms. Consent to renewal shall be at the sole discretion of the City.
3. Other Terms. The terms of this Short Form Lease are subject to the terms
of the Lease and any amendments, renewals or extensions thereof, the provisions of which
are hereby incorporated by this reference.
Landlord:
CITY OF FEDERAL WAY, a non-charter
optional municipal code city organized and
existing under the laws of the State of
Washington
By:
David H. Moseley, City'Manager
ATTEST:
By:
N. Christine Green, City Clerk, CMC
APPROVED AS TO FORM:
By:
Patricia A. Richardson, City Attorney
Tenant:
Pamela R. Mayer
Joseph E. Mayer
[Short Fonn Agreement 3-3-05]
Natalie A. Mayer-Yeager
-2-
WEH - 02127/98
STATE OF WASHINGTON)
ss. )
COUNTY OF )
On this day personally appeared before me, Pamela R. Mayer, to me known to be the
individual described in and who executed the foregoing instrument, and on oath swore that
she executed the foregoing instrument as her free and voluntary act and deed for the uses
and purposes therein mentioned,
GIVEN my hand and official seal this
day of
,20o_.
(typed/printed name of notary)
Notary Public in and for
Washington.
My commission expires
the State of
STATE OF WASHINGTON)
ss. )
COUNTY OF )
On this day personally appeared before me, Joseph E. Mayer, to me known to be the
individual described in and who executed the foregoing instrument, and on oath swore that
he executed the foregoing instrument as his free and voluntary act and deed for the uses
and purposes therein mentioned.
GIVEN my hand and official seal this
day of
,200_.
(typed/printed name of notary)
Notary Public in and for
Washington.
My commission expires
the State of
[Short Form Agreement 3-3-05]
-3-
WEH - 02/27/98
STATE OF WASHINGTON)
ss. )
COUNTY OF )
On this day personally appeared before me, Natalie Mayer-Yeager, to me known to be the
individual described in and who executed the foregoing instrument, and on oath swore that
she executed the foregoing instrument as her free and voluntary act and deed for the uses
and purposes therein mentioned. .
GIVEN my hand and official seal this
day of
,200_.
(typed/printed name of notary)
Notary Public in and for
Washington.
My commission expires
the State of
[Short Form Agreement 3-3-05]
-4-
WEH - 01127/98
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF LOT 14, BLOCK 1, HEALY PALISADES
ADDITION, VOLUME 33 OF PLATS, PAGE 45, RECORDS OF
KING COUNTY, WASHINGTON AND SECOND CLASS TIDE
LANDS ADJACENT, LESS PORTION LYING SOUTHERLY
OF A LINE BEGINNING ON THE NORTHEASTERLY LINE
142.18 FEET NORTHWESTERLY OF THE SOUTHEASTERLY
CORNER; THENCE SOUTH 48°00'01" WEST 53.13 FEET TO
THE SOUTHWESTERLY LINE. TOGETHER WITH THAT
PORTION OF LOT 15 SAID BLOCK 1, DESCRIBED AS
FOLLOWS:
BEGINNING ON THE WEST LINE 349.05 FEET NORTHERLY
OF THE SOUTHWEST CORNER OF SAID LOT 15; THEN
NORTH 15°60'00" WEST 82.78 FEET; THENCE SOUTH
30°00'00" EAST 80.0 FEET; THENCE SOUTH 60°00'00" WEST
21.29 FEET TO POINT OF BEGINNING.
[Short Form Agreement 3-3-05]
-5-
WEH -0])27/98
EXHIBIT B-1
LEGAL DESCRIPTION
PROPOSED TRAM FACILITIES PERMIT AREA
CITY OF FEDERAL WAY, WASHINGTON
THAT PORTION OF 53RD AVENUE S.W. (AKA BEACH
LANE) AS DEDICATED TO THE PUBLIC ON THE PLAT OF
HEALY PALISADES, AS RECORDED IN VOLUME 33 OF
PLATS, PAGE 45, RECORDS OF KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 14,
BLOCK 1 OF SAID PLAT;
THENCE N14°10'38"W, ALONG THE WEST LINE OF SAID
LOT 14, A DISTANCE OF 143.37 FEET TO THE TRUE POINT
OF BEGINNING OF THIS DESCRIPTION;
THENCE S14°10'38"E ALONG SAID LOT LINE AND THE
EASTERLY MARGIN OF SAID STREET, A DISTANCE OF
39.00 FEET;
THENCE S38~0'18"W, A DISTANCE OF 26.10 FEET;
THENCE S64°35'OO"W, A DISTANCE OF 26.93 FEET, MORE
OR LESS, TO THE WESTERLY MARGIN OF SAID STREET;
THENCE N25~5'OO"W, ALONG SAID WESTERLY MARGIN,
A DISTANCE OF 18.46 FEET, MORE OR LESS, TO AN
ANGLE POINT;
THENCE CONTINUING ALONG SAID WESTERLY MARGIN,
N27°44'OO"W, A DISTANCE OF 2.71 FEET, MORE OR LESS,
TO A POINT FROM WHICH THE TRUE POINT OF
BEGINNING BEARS N38~0'18"E;
THENCE N38~0'18"E, A DISTANCE OF 64.75 FEET, MORE
OR LESS, TO THE TRUE POINT OF BEGINNING.
(CONTAINS 1,690 SQUARE FEET, MORE OR LESS, OR
APPROXIMATELY 0.04 ACRES.)
[Short form Agreement 3-3-05]
-6-
WEH - 02127/98
EXHIBIT B-2
LEGAL DESCRIPTION
PROPOSED DECK LEASE AREA
CITY OF FEDERAL WAY, WASHINGTON
THAT PORTION OF 53RD AVENUE S.W. (AKA BEACH
LANE) AS DEDICATED TO THE PUBLIC, AND OF THE
PARCEL LABELED "COMMUNITY BEACH", ALL ON THE
PLAT OF HEALY PALISADES, AS RECORDED IN VOLUME
33 OF PLATS, PAGE 45, RECORDS OF KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 14,
BLOCK 1 OF SAID PLAT;
THENCE, ALONG THE WEST LINE OF SAID LOT 14, A
DISTANCE OF 318.00 FEET TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION;
THENCE S50000'W A DISTANCE OF 37.00 FEET;
THENCE NI4°10'38"W A DISTANCE OF 52.00 FEET;
THENCE N50000'E, A DISTANCE OF 38.81 FEET, MORE OR
LESS, TO THE EASTERLY LINE OF SAID "COMMUNITY
BEACH" PARCEL;
THENCE SOooOO'W, ALONG SAID EASTERLY MARGIN, A
DISTANCE OF 6.65 FEET, MORE OR LESS, TO THE
NORTHWEST CORNER OF SAID LOT 14;
THENCE S 14°1 0'38"E, ALONG THE WEST LINE OF SAID
LOT, A DISTANCE OF 46.34 FEET, MORE OR LESS, TO THE
TRUE POINT OF BEGINNING.
(CONTAINS 1,736 SQUARE FEET, MORE OR LESS, OR
APPROXIMATELY 0.04 ACRES.)
[Short FornI Agreement 3-3-05]
-7-
WEH - 02127/98
CITY OF FEDERAL WAY
MEMORANDUM
FROM:
SUBJECT:
February 28, 2005
Land Use and Transportation Committee
David H. M~anager (\ ~!-
Marwan Salloum, P.E" Street Systems Manager ~
Mayer Right of Way Lease Agreement
DATE:
TO:
VIA:
POLICY QUESTION:
Should the Council authorize the lease of unimproved public right of way at the end of 53rd Avenue SW?
BACKGROUND:
Mr. Kurt Mayer owns water front property adjacent to 53rd Avenue SW. The only access to the property is
through a dirt path on the unopened portion of 53rd Avenue SW and a tram system located on his property mid-
hillside. Mr. Mayer wishes to expand the existing tram system from mid-hillside terminal to a new terminal
adjacent to the improved street area on top of the hillside. Mr. Mayer inquired about the vacation of the right of
way on 53rd Avenue SW between SW 311 th Place and Puget Sound so he can construct his tram extension. Staff
informed Mr. Mayer that the City code section 13-103 (3) do not allow vacation of right of way abutting any body
of water. Then Mr. Mayer inquired about leasing a portion of the right of way for the purpose of constructing his
proposed tram rail extension. Staff indicated that leasing part of the unopened portion of the right of way,
approximately 1,690 square feet, might be an option but will require City Council approval. Also, the
construction of the tram extension will require submittal of Environmental Checklist and Shoreline permit
approval before leasing the property if the purpose behind the lease is to construct a tram extension. Mr. Mayer
submitted the required documentation and was issued a Determination of Nonsignificance (ONS) on his
Environmental Checklist (SEP A) and approval for his Shoreline Permit on November 2nd, 2004.
During staff review of the survey information provided by Mr. Mayer for SEP A and the Shoreline Permit, it was
noted that an auxiliary building and a concrete deck was built within the city right of way area encumbering
approximately 1,736 square feet. The building encroachment was brought to Mr. Mayer's attention. He informed
staff that the building was constructed more that twenty years ago and the County was aware of this encroachment
and required Mr. Mayer to sign a "Statement of Encroachment and acknowledgement of County Interest" (copy
attached). Staff informed Mr. Mayer that this area would also be added and presented to Council as part of the
lease agreement.
The proposed lease agreement is for five (5) years with an option for renewal upon mutual written agreement of
the parties of three additional five years renewal terms. The lease rate is set at an annual rent of $1.00 per square
foot per year for a total of $17,130.00 plus 12.84% leasehold excise tax.
Mr. Mayer has reviewed the attached agreement and agrees with the proposed agreement in principle. He
requested staff present the following two changes to the City Council:
1.
Two leases instead of one - Mr. Mayer prefers one lease for the tram area and one lease for the
auxiliary building area.
Staff feels that both areas are within the same stretch of the unopened right of way and for the purpose
and use of one parcel and one owner. Therefore the lease should remain as one lease. If the city needs
one of the areas for any purpose or the tram is no longer needed by the Mayer's, then a lease amendment
can be processed to modify the lease area.
2.
The City's standard language for a right of way lease allows the city to tenninate the lease
without prior notice and without cause. Mr. Mayer would like this language changed to read that
the city may tenninate the lease on any non-discriminatory basis that is also not arbitrary or
CaprICIOUS.
Because the property in question is a City right of way, the City's practice has been to allow the use only
under a license, which is terminable at will by the City. The Agreement with the Mayer's, although
referred to as a lease is really only a license,
OPTIONS:
1. Authorize the City Manager to execute the attached lease agreement as written.
2. Authorize the City Manager to execute a lease agreement that incorporates Mr. Mayer's requested
changes.
3. Reject the lease agreement and have staff instruct Mr. Mayer to remove the existing Improvements from
the public right of way.
4. Direct staff to any other option the committee would like staff to evaluate.
STAFF RECOMMENDATION:
Staff recommends forwarding Option 1 to the March 15,2005 City Council Consent Agenda for Approval:
Authorize the City Manager to execute the attached lease agreement as written
COMMITTEE RECOMMENDATION:
Forward the above staff recommendation to the March 15,2005 City Council Consent Agenda.
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KING courm R£AL PROI'ERlY DIVISION
500A ItC. ADMINISTRATION BlDQ.
500 AmI AVÐWE
SEATIt£, WA. 96100\
File No,:
85-3-33
STATEMENT OF ENCROACItlEIiT
M!!! ACKNOòIlEOGEMENT OF £Q!!!!!! INTEREST
THIS 5TATEI4(IIT 1s lllade for the pub1ic record 50 as to advise the parties
dealing with the property described herein as to its status and ~cknow1edgment
by known and current owners of Interest as to King county Interest.
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The p!"Opert~o is legally described is follows:
That portion of Lot 14. Block 1, Healy Palisades Mdltlon. Volume
33 of Plats, page 45, records of King County, WasMngton and
second class tide lands adjacent, less portion lying Southerly of
a line beginning on the lIortheaster1y Hne 142.18 feet
Northwesterly of the Southeasterly corner; thence South 46.00' 01"
\test 53.13 feet to tile Soutllwester1y Hne. TOGETHER WITH that
por'tion of Lot 15 said Block I, described as fonaws:
BEGUlllltiG on the lIest Hne 349,05 feet lIortherly of the South"rlest
corner of said Lot 15; thence North 15°60'00' West 82.711 feet;
thence South 30.00' 00. East 80.0 feet; thence South 60°00'00"
West 21.29 feet to Pol nt of Beginning.
TIlE FEE OIlIlER, whose signature appears be10l/, acknowledges that the
boathouse and a portion of the deck is constructed withl n the Co~nty ri g\1t of.
WIlY 53 Drive Southwest. The fee owner further acknowledges and understands
the County has right of wIlY interest in this property which lllaY at SOlIe tilDe
in the future be acted upon. The fee owner further acknowledges and agrees
that the conti nu~ encroachment of his boathouse and a portion of h15 deck
upon CountY right of way does not create any rlgI¡ts, title or interests in the
tounty rigl\,t of way, nor In anywa.Y defeats the rights of the County to such
right of way .and further that the fee owner agrees that such permission for
the continued encroachment Is subject to revocation at any tiE wlthOllt prior
notice and withOllt cause, The fee owner sllal1 not have or claim any c1al1lages
or elalE of any kind whatsoever as a nsult of the ter1llinat1on of the
encrctc"'nts and the relllClva1 of the i.lllprovements or encroachi ng i tellS.
THE FEE OWIIER AGREES the existing structure and ex15ting use sha11 not be
.expanded In any _nner. Only repairs and maintenance of axisting structures
IIIay be allowed within the right of WIlY.
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THE FEE OWNER and the fee owner's succeçsors, assigns or other person's
In any way ISsUl1l1ng tile owner's interest tn the property also are bound by the
Stat81\\ent of Encroachtnent and Acknowledgement Agrel!t11ent.
IN WITNESS WHEREOF, the parties herlto have subscribed their names as of
till J? of ~t.1 , 19..£t:::
(
FEE OIlNER(S):
KING COUKH, WASHINGTON
DEPARTMENT Of PUBlIC WOOKS
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Donald J. laBel1e, Director
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STATE OF WASHINGTON)
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r~' 1'ifTnd' Who executed the within and foregoing Instruntent, and acknowledged that
. "'I1It!r-l signed the Sllle as 'rlk.;:l/~ free and voluntary act and
. ~ses and purposes therein mentioned.
GIVEN under flY hand and off1c1l1 seal this Ç/ day of J....t Y
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LEASE AGREEMENT
1.
PARTIES.
THIS LEASE dated the - day of , 2005, is between the
CITY OF FEDERAL WAY, a non-charter optional municipal code city organized and
existing under the laws of the State of Washington, Lessor ("City"), and Pamela R.
Mayer, a married woman as her separate estate, Joseph E. Mayer, a married man as his
separate estate, and Natalie A. Mayer-Yeager, a married woman as her separate estate
("Lessee"), owners of the Property located at 53rd Avenue SW ("Adjacent Property")
legal description attached as EXHIBIT A.
2.
PREMISES.
The City hereby leases to Lessee, upon the following tenus and conditions, the
premises ("Premises") located in the City of Federal Way, King County, Washington.
The Premises are comprised of approximately one thousand six hundred ninety (1,690)
square feet in the tram area and approximately one thousand seven hundred thirty-six
square feet in the boathouse and bulkhead area, for a total of approximately three
thousand four hundred twenty-six (3,426) square feet, and are legally described as
follows:
(See EXHIBIT B attached.)
The parties acknowledge that the Premises are a portion of 53rd Avenue South
West owned by the City and over which the City exercises governmental authority
pursuant to, inter alia, RCW 35A.47 and RCW 47.24, and Federal Way City Code
("FWCC") Chapter 13.
3.
TERM.
This Lease tenn shall be for five (5) years, commencing upon the date of issuance
of the building pem1Ít for the tram, unless tenninated sooner pursuant to Paragraph 10, or
other provisions, of this Agreement. Upon the mutual written agreement of the parties,
this Lease may be renewed for three (3) additional five (5) year renewal tenus. Consent
to renewal shall be at the sole discretion of the City.
4.
RENT.
A. Rental Rate.
Lessee shall pay the City an annual rent of One Dollar ($1.00) per square foot per year,
for a total of Seventeen Thousand One Hundred Thirty and NO/100 Dollars ($17,130.00),
plus 12.84% leasehold excise tax, payable in advance on or before the first (1st) day of
Lease Agreement
K:/Public Works/Mayer Lease AgTTIlt
Page 1
the Lease tenn. All rents shall be made payable to City of Federal Way and are to be
received at the following address:
Director of Management Services
City of Federal Way
33325 8th Avenue South
P.O. Box 9718
Federal Way, WA 98063-9718
Said rental is exclusive of any sale, franchise, business or occupation, or other tax based
on rents. Should any such taxes apply during the life of this Lease, the rent shall be
increased by such amount.
B. Annual Rent Increase.
The rent shall be increased each renewal tenn (if any), by the amount of inflation
as detennined by the Consumer Price Index - Washington. Rent increases pursuant to
this paragraph shall commence on the first renewal tenn of this Lease.
5.
USE.
Lessee shall use said premises for the following purposes and no other without
prior written consent of the City:
Operation, use, repair and maintenance of Tram, Boathouse, and Bulkhead as
shown on EXHIBIT C. Expansion of the existing uses described in EXHIBIT C
shall not be allowed.
6.
GENERAL TERMS AND CONDITIONS.
Attached hereto as EXHIBIT D and incorporated herein by reference are
"Federal Way General Tenns and Conditions," which shall govern the obligations and
perfonnance of the parties under this Lease.
7.
INDEMNIFICATION.
Lessee agrees to indemnify, defend, and hold City, its elected officials, officers,
employees, agents, and 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, invitees or
representatives, arising from, resulting from, or connected with this Agreement or the
Lessee's use of the Premises.
Lease Agreement
K:/Public Works/Mayer Lease Agrmt
Page 2
8.
ENTIRE AGREEMENT - AMENDMENTS.
This printed Lease, together with the "Tenns and Conditions" attached as
EXHIBIT D, and any and all Exhibits expressly incorporated herein by reference and
attached hereto shall constitute the whole agreement between the parties, There are no
tenus, obligations, covenants or conditions other than those contained herein. No
modification or amendment of this Lease shall be valid or effective unless evidenced by
an agreement in writing signed by both parties.
9.
NOTICES.
Required notices, except legal notices, shall be given in writing to the following
respective address:
To The City:
City Manager
City of Federal Way
33325 8th Avenue South
P. O. Box 9718
Federal Way, W A 98063-9718
With a copy to:
City Attorney
City of Federal Way
33325 8th Avenue South
P. O. Box 9718
Federal Way, W A 98063-9718
To Lessee:
Pamela R. Mayer, Joseph E. Mayer and Natalie A.
Mayer- Yeager
312 South 11ih Street
Tacoma, W A 98444
With a copy to:
Gordon Thomas Honeywell
Attn: Warren 1. Daheim or William E. Holt
1201 Pacific Ave., Suite 2100
P.O. Box 1157
Tacoma, W A 98401
Or to such other respective address as either party hereto may hereafter, from time to
time, designate in writing. Notices sent by mail shall be deemed to have been given
when properly mailed.
10.
TERMINATION
The City may tenninate this Lease at any time without prior notice and without
cause.
Lease Agreement
K:/Public Works/Mayer Lease Agrmt
Page 3
11.
VACATION OF RIGHT-OF-WAY.
In the event the City vacates all or a portion of the Premises pursuant to the
FWCC, this Lease shall be tenninated for that portion of the premises vacated.
Tennination shall be effective upon the effective date of the vacation ordinance adopted
under FWCC Section 13-103, as existing or as hereafter amended.
12.
REMOV AL OF FACILITIES
Upon the expiration, tennination, or revocation of the rights granted under this
Lease, the Lessee shall remove all of its improvements from the Premises within 90 days
of receiving notice from the Public Works Director to do so. Any costs incurred by the
City in removing any improvements on the leased premises shall be a lien on the
Adjacent Property, if not covered by the damage deposit. Provided, however, that the
City may pennit the improvements to be abandoned in place in the City's sole discretion
and in such a manner as the City may prescribe. Upon pennanent abandonment, the
improvements shall become the property of the City.
IN WITNESS WHEREOF, the parties hereto have subscribed their names as of the
- day of ,2005.
LESSEE:
By
Pamela R. Mayer
By
Joseph E. Mayer
By
Natalie A. Mayer- Yeager
LESSOR:
CITY OF FEDERAL WAY
By
David H. Moseley, City Manager
ATTEST:
By
City Clerk, N. Christine Green, CMC
Lease Agreement
K:/Public Works-Mayer Lease Agnnt
Page 4
APPROVED AS TO FORM:
By
Patricia A. Richardson, City Attorney
STATE OF WASHINGTON)
) ss.
COUNTY OF )
On this day personally appeared before me,
to me known to be the individual described in and who executed the foregoing
instrument, and on oath swore that he/she/they executed the foregoing instrument as
his/her/their free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN my hand and official seal this
day of
,20o_.
(typed/printed name of notary)
Notary Public in and for the
Washington.
My commission expires
State of
Lease Agreement
K:/Public Works/Mayer Lease Agrmt
Page 5
EXHIBIT A
LEGAL DESCRIPTION OF ADJACENT PROPERTY
LOT IGA, BLOCK I, HEALY PALISADES, ACCORDfNG TO THE PLAT THEREOF RECORDED
IN VOLUME 33 OF PLATS, PAGE 45, fN KING COUNTY. \VASHfNGTON.
TOGETHER WITH THAT PORTION OF VACATED SW 3IlIlt PLACE, ALSO KNOWN AS PARK
LANE, BY VACAnON ORDfNANCE 5899 AS WOULD ATTACH BY OPERAnON OF LAW.
LOT l4, BLOCK l, HEALY PAUSADES, ACCORDING TO PLAT RECORDED fN VOLUME 33 OF
PLATS, PAGE 45 IN KING COUNTY WASHINGTON, EXCEPT THE SOUTHERLY lIS FEET
THEREOF AS MEASURED ALONG THE EAST LINE OF SAID LOT l4, AND THAT PORT£ON OF
LOT 15 IN SArD BLOCK I DESCRffiED AS FOLLOWS:
BEGINNING ON THE WESTERLY LINE OF SAID LOT l5 AT A POINT NORTH 15°06' WEST,
349.05 FEET FROM THE SOUTHWEST CORNER OF SAID LOT l5; THENCE CONTINUING
ALONG SAID WEST LINE NORTH l5°06' WEST, 82.78 FEET; THENCE SOUTH 30° EAST, 80
FEET; THENCE SOUTH 60° WEST, 2l.29 FEET TO THE POINT OF BEGINNfNG.
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL:
BEGINNING ON THE WESTERLY LINE OF SAID LOT l5 AT A POINT Nl5°l6'lO"W, 430.66
FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE S30° lO'54"E, 30.67 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONnNUING S300IO'54"E, l5,34 FEET; THENCE
NI2°32'30"W, 5.47 FEET; THENCE N39°28'30"W, 10.26 FEET TO THE TRUE POINT OF
BEGINNING,
EXCEPT THAT PORTION DESCRffiED AS FOLLOWS:
BEGINNING ON THE WESTERLY LINE OF SAID LOT IS AT A POINT NIsoI6'10"W, 430.66
FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE S45°00'W, 2.03 FEET; THENCE
S33°53'45"E, 30.22 FEET; THENCE N30° lO'54"W, 30,67 FEET TO THE TRUE POINT OF
BEGINNING.
ALSO EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 14; THENCE NI5°06'38"W,
ALONG THE LINE BETWEEN LOTS 14 AND IS, BLOCK l IN SAID PLAT OF HEALY
PALISADES, 115.18 FEET TO THE POINT OF BEGINNING OF TI-HS DESCRIPTION; THENCE
CONTINUE NI5°06'38"W, 27.00 FEET; THENCE S48°00'Ol"W, 53,lJ FEET TO A POrNT ON THE
WESTERLY LINE OF LOT 14, THENCE N78°28'30"E, PARALLEL WITH THE SOUTHERLY LINE
OF SAID LOT, 47.48 FEET TO THE POINT OF BEGINNING.
(1298697 vO I.doc]
- I -
EXHIBIT B-1
LEGAL DESCRIPTION FOR
PROPOSED TRAM FACILITIES PERMIT AREA
CITY OF FEDERAL WAY, WASHINGTON
THAT PORTION OF 53RD AVENUE S.W. (AKA BEACH LANE) AS DEDICATED TO THE
PUBLIC ON THE PLAT OF HEALY PALISADES, AS RECORDED IN VOLUME 33 OF PLATS.
PAGE 45, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 14, BLOCK 1 OF SAID PLAT;
THENCE N14°10'38'W, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 143.37
FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE S14°10'38"E ALONG SAID LOT LINE AND THE EASTERLY MARGIN OF SAID
STREET, A DISTANCE OF 39.00 FEET;
THENCE S38°20'18'W, A DISTANCE OF 26.10 FEET;
THENCE S64°3S'00'W, A DISTANCE OF 26.93 FEET, MORE OR LESS, TO THE WESTERLY
MARGIN OF SAID STREET; .
THENCE N2s02S'OO'W, ALONG SAID WESTERLY MARGIN, A DISTANCE OF 18.46 FEET,
MORE OR LESS, TO AN ANGLE POINT;
THENCE CONTINUING ALONG SAID WESTERLY MARGIN, N27°44'00"W, A DISTANCE OF
2.71 FEET, MORE OR LESS, TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING
BEARS N38°20'18"E;
THENCE N38°20'18"E, A DISTANCE OF 64.75 FEET, MORE OR LESS, TO THE TRUE
POINT OF BEGINNING.
(CONTAINS 1,690 SQUARE FEET, MORE OR LESS, OR APPROXIMA TEL Y 0.04 ACRES.)
Prepared by BASELINE Engineering, Inc.
BASElINE,Job No. 02-108
File Name: 02108- TramFacilitiesPermitDesc.doc
Date: 10/18/2004
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EXHIBIT B-2
LEGAL DESCRIPTION
PROPOSED DECK LEASE AREA
CITY OF FEDERAL WAY, WASHINGTON
THAT PORTION OF 53RD AVENUE S.W. (AKA BEACH LANE) AS DEDICATED TO THE
PUBLIC, AND OF THE PARCEL LABELED "COMMUNITY BEACH", ALL ON THE PLAT
OF HEALY PALISADES, AS RECORDED IN VOLUME 33 OF PLATS, PAGE 45,
RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 14, BLOCK 1 OF SAID PLAT;
THENCE, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 318.00 FEET TO
THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE S50000'W A DISTANCE OF 37.00 FEET;
THENCE NI4°10'38"W A DISTANCE OF 52.00 FEET;
THENCE N50000'E, A DISTANCE OF 38.81 FEET, MORE OR LESS, TO THE EASTERLY
LINE OF SAID "COMMUNITY BEACH" PARCEL;
THENCE SOooOO'W, ALONG SAID EASTERLY MARGIN, A DISTANCE OF 6.65 FEET,
MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 14;
THENCE SI4°10'38"E, ALONG THE WEST LINE OF SAID LOT, A DISTANCE OF 46.34
FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
(CONTAINS 1,736 SQUARE FEET. MORE OR LESS, OR APPROXIMATELY 0.04 ACRES)
[1298697 vOLdoc]
- 3 -
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BASELINE CNGINCERING. 'NC, MAYER TRUST ESTATE
31042 53RD AVENUE SW
-"--'~?~f- FEDERAL WAY. WA 98023
""."-,,. ..... ".._-,_.~ (""~H~
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TRAM AND DOCK
AGREEMENT
XHIBIT
t<£l£.
EXHIBIT D
CITY OF FEDERAL WAY
GENERAL TERMS AND CONDITIONS
1.
LATE PAYMENT, TAXES, AND LICENSES.
A. LATE PAYMENTS. There will be a late collection charge of
twelve percent (12%) of the rent, per annum, for any delinquent rental not delivered to
the City of Federal Way (the "City") by the tenth (10th) of the month in which rent is
due.
B. LICENSE AND TAXES. Lessee shall pay throughout the tenn of
this Lease, all applicable taxes and all license and excise fees covering the business
conducted on the premises.
C. OTHER CONSIDERATION. No offset, reduction, or credit
toward rent shall be allowed unless it is in writing and signed by the City Manager of the
City.
2.
COMPLIANCE WITH ALL LAWS AND REGULATIONS.
In using the premises, Lessee will comply with all applicable laws, ordinances,
and regulations of any and all authorities having jurisdiction. Lessee specifically agrees
to comply, and pay all costs associated with achieving such compliance, without any
notice of requirements from the City, and that the City does not waive this section by
giving notice of demand for compliance in any instance.
3.
IMPROVEMENTS AND ALTERATIONS.
A. Lessee shall make no alterations or improvements to or upon the
premises, or install any fixtures (other than trade fixtures which can be removed without
injury to the premises) without first obtaining written approval from the City.
B. Upon the expiration, tennination, or revocation of the rights
granted under this Lease, the Lessee shall remove all of its improvements or alterations
from the Premises within 90 days of receiving notice from the Public Works Director to
do so. Any costs incurred by the City in removing any improvements on the leased
premises shall be a lien on the Adjacent Property, if not cB-Vcred by the damage deposit.
Provided, however, that the City may pennit the improvements or alterations to be
abandoned in place in the City's sole discretion and in such a manner as the City may
Lease Agreement - General Terms and Conditions
K:/Public Works/Mayer Lease Agrmt
Exhibit D
prescribe. Upon penn anent abandonment, the improvements or alterations shall become
the property of the City.
4. CONDITION OF PREMISES. Lessee has inspected and knows the
condition of the premises and it is understood and agreed that the premises are leased on
an "as is" basis without any obligation on the part of the City to make any changes,
improvements, or to incur any expenses whatsoever for the maintenance or repair of the
premises. The City does not warrant the suitability of the site for any purpose, including
the intended Use, and specifically does not warrant the suitability or stability of the soil
or slope for any use.
5. CONSTRUCTION DEFECTS. The City shall not be liable to Lessee
for claims or damages arising from any defect in the construction of or the present
condition of the premises, whether known or unknown, or for damage by stonn, rain, or
leakage or any other occurrence.
6.
MAINTENANCE.
A. Lessee shall, throughout the tenn of this Lease without cost or
expense to the City, keep and maintain the leased premises and all improvements,
landscaping, fixtures, and equipment which may now or hereafter exist thereon, in a neat,
. clean, and sanitary condition and shall, except for reasonable wear and tear, at all times
preserve the premises in good and safe repair. Upon the expiration or sooner tennination
of the Lease, Lessee shall forthwith return the same in as good condition as existed at the
commencement of occupancy (ordinary wear and tear excepted).
B. If, after thir1y (30) days' notice from the City, Lessee fails to
maintain or repair any part of the leased premises or any improvement, landscaping,
fixtures or equipment thereon, the City may, but shall not be obligated to, enter upon the
leased premises and perfonn such maintenance or repair, and Lessee agrees to pay the
costs thereof to the City upon receipt of a written demand. Any unpaid sums under this
paragraph shall be payable as additional rent on the next rent payment date due following
the written demand and will bear interest at the maximum rate allowed by Washington
State Law. Any unpaid sums and interest remaining after the rent payment due date shall
become a lien against the Adjacent Property.
7. INDEMNITY AND HOLD HARMLESS. Lessee agrees to indemnify
and hold the City hanDless as provided herein to the maximum extent possible under the
law. Accordingly, Lessee agrees for itself, its successors, and assigns, to defend,
indemnify, and hold hanDless the City, its appointed and elected officials, and employees
from and against liability for all claims, demands, suits, and judgments, including costs of
defense thereof for injury to persons, death, or property damage which is caused by,
arises out of, or is incidental to Lessee's exercise of rights and privileges granted by this
Lease. Lessee's obligations under this section shall include:
(a)
Indemnification for any and all claims;
. Lease Agreement - General Terms and Conditions
K:/Public WorkslMayer Lease Agrmt
Exhibit D
(b) The duty to promptly accept tender of defense and provide defense
to the City at Lessee's own expense;
(c)
Indemnification of claims made by Lessee's employees, agents or
invitees; and
(d) Waiver of Lessee's immunity under the industrial insurance
provisions of Title 51 RCW, of which the waiver has been mutually negotiated by the
parties.
In the event it is necessary for the City to incur attorney's fees, legal expenses or
other costs to enforce the provisions of this section, all such fees, expenses and costs shall
be recoverable from Lessee.
In the event it is determined that RCW 4.24.115 applies to this Lease, Lessee
agrees to defend, hold harmless, and indemnify the City to the maximum extent permitted
thereunder, and specifically for its negligence concurrent with that of the City to the full
extent of Lessee's negligence. Lessee agrees to defend, indemnify, and hold harmless the
City for claims by Lessee's employees and agrees to waiver of its immunity under
Title 51 RCW, of which waiver has been mutually negotiated by the parties.
8. LIABILITY INSURANCE. Lessee shall procure and maintain for the
duration of this Lease, insurance against claims for injuries to persons or damages to
property which may arise from, or in connection with Lessee's operation and use of the
premises at a level of no less than $2 million per occurrence, and the City shall be named
as additional insured on all such insurance policies.
Á. OTHER INSURANCE PROVISIONS. The policy is to contain,
or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, and volunteers
are to be covered as insured as respects liability arising out of premises rented or used by
Lessee.
2. Lessee's insurance coverage shall be primary insurance as
respects the City, its officers, employees, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers
shall be excess of Lessee's insurance and shall not contribute with it.
3. Any failure to comply with reporting provlslOns of the
policy shall not affect coverage provided to the City, its officers, officials, employees, or
volunteers.
4. Coverage shall state that Lessee's insurance shall apply
separately to each insured against whom claim is made or suit is brought except with
respect to the limits of the insurer's liability.
Lease Agreement - General Terms and Conditions
K:/Public WorkslMayer Lease Agnnt
Exhibit D
5. Insurance policy shall be endorsed to state that coverage
shall not be suspended, voided, cancelled, reduced in coverage or in limits, except after
thirty (30) days' prior written notice by certified mail, return receipt requested, has been
given to the City.
B. ACCEPT ABILITY OF INSURERS. Insurance is to be placed
with insurers with a Bests' rating of no less than A:XL
C. VERIFICATION OF COVERAGE. Lessee shall furnish the
City with certificate(s) of insurance and with original endorsement(s) effecting coverage
required by this contract. The certificate and endorsement for each insurance policy are
to be signed by a person authorized by that insurer to bind coverage on its behalf. The
certificates and endorsements or each insurance policy are to be provided by the City and
are to be received and approved to the City before occupancy commences. The City
reserves the right to require complète certified copies of all required insurance policies at
any time.
9. RELEASE AND WAIVER. To the extent a loss is covered by insurance
in force, and to the extent the City is not indemnified for such loss by Lessee under
Section 7 above, the Lessee hereby releases the City from liability and waives all right of
recovery against the City for any loss from perils insured against under the City's
respective fire or comprehensive general liability insurance policies, including any
extended coverage endorsements hereto; provided, that this Lease shall be incapable if it
would have the effect of invalidating any insurance coverage of the City.
10. SURRENDER OF PREMISES. At the expiration or earlier tennination
of this Lease, Lessee shall promptly surrender possession of the premises to the City.
11. DEFAUL T AND RE-ENTRY. If any rents above reserved or other
obligations provided herein, or any part thereof shall be and remain unpaid when the
same shall become due, or if Lessee shall violate or default on any of the covenants and
agreements herein contained, the City may serve written notice to Lessee ordering
compliance and Lessee shall have thirty (30) days from receipt of such notice in which to
comply. If Lessee has not cured the default within 30 days of receiving notice from the
City of such default or, if such default is not curable within 30 days, if Lessee fails to
commence such cure within 30 days or fails thereafter to diligently pursue such cure to
completion, the City may immediately cancel this Lease and re-enter said premises using
such force as may be required.
12. ASSURANCE OF PERFORMANCE. In the event of a default in the
perfonnance of any obligation under this Lease that remains uncured for more than ten
(10) days after demand, the City may request and Lessee shall provide adequate
assurance of the future perfonnance of all obligations under this Lease. The adequacy of
any assurance shall be detennined according to commercially reasonable standards for
Lessors of real property in the County of King, State of Washington. Adequate assurance
shall include, but not be limited to, a deposit in escrow, a guarantee by a third party
Lease Agreement- General Terms and Conditions
K:/Public WorkslMayer Lease Agnnt
Exhibit D
acceptable to the City, a surety bond, or a letter of credit. Lessee's failure to provide
adequate assurance within twenty (20) days of receipt shall constitute a material breach
and the City may in its discretion terminate this Lease.
13. ADV ANCES BY THE CITY FOR LESSEE. If Lessee fails to pay any
fees or perform any of its obligations under this Lease other than payment of rent, the
City will mail notice to Lessee of its failure to payor perform. Twenty (20) days after
mailing notice, if Lessee's obligation remains unpaid or unperformed, the City may pay
or perform these obligations at Lessee's expense. Upon written notification to Lessee of
any costs incurred by the City under this paragraph, Lessee will reimburse the City within
twenty (20) days.
14. NON-WAIVER. It is hereby agreed that no waiver of any condition or
covenant in this Lease or any breach thereof, shall be taken to constitute waiver of any
subsequent breach.
15. INSPECTION AND "FOR RENT" SIGNS. The City reserves the right
to inspect the premises at any and all reasonable times throughout the term of this Lease,
provided that the City shall not interfere unduly with Lessee's operations. The right of
inspection reserved to the City hereunder shall impose no obligation on the City to make
inspections to ascertain the condition of the premises, and shall impose no liability upon
the City for failure to make such inspections.
16. LIENS. It is understood and agreed that this Lease is executed and
delivered upon the express condition that Lessee will not and cannot contract any debt or
debts for labor, materials, services, or otherwise which will or may become a lien against
the interest of the City in the premises, or the City hereby denies to Lessee any right,
power, or authority to do any act, or contract any obligation or liability which would in
any way subject the interest of the City in the premises to any lien, claim,. or demand
whatsoever.
17. LIENS BY CITY. If the City incurs any costs arising from any provision
of this Lease, the City may incorporate any unreimbursed costs or payments due into an
assessment lien on the Adjacent Property. The City shall certify to the county treasurer
the confirmed amount and notify Lessee in writing of the certification. The county
treasurer shall enter the amount of such assessment upon the tax rolls against the property
for the current year and the same shall become a part of the general taxes for that year to
be collected at the same time and with interest at such rates as provided in RCW
84.56,020, as now or hereafter amended, for delinquent taxes, and when collected to be
deposited to the credit of the general fund of the city. The lien shall be of equal rank with
the state, county and municipal taxes. The validity of any assessment made under the
provisions of this chapter shall not be contested in any action or proceeding unless the
same is commenced within 15 calendar days after the assessment is placed upon the
assessment rolL
Lease Agreement - General Terms and Conditions
K:/Public Works/Mayer Lease Agrmt
Exhibit D
18. ASSIGNMENT OR SUBLEASE. Lessee may not assign this Lease nor
transfer occupancy of the Premises or use or ownership of any improvements installed
thereon, in whole or in part, without the prior written consent of City.
19.
CONDEMNATION.
A. The City and Lessee will give to the other immediate written
notice of the receipt of notice of any proceedings with respect to a condemnation and of
any intention of any authority to exercise the power of eminent domain.
B. If all of the premises are taken by any lawful authority under the
power of eminent domain for a period which will end on or extend beyond the expiration
of the tenn of this Lease, this Lease tenninates as of the date condemner takes
possession, and Lessee will have no claim or interest in or to any award of just
compensation except that Lessee will be entitled to an amount equal to the fair market
value of Lessee's leasehold interest in any improvement taken by the condemner made to
the premises by Lessee, but not to exceed the amount of that part, if any, of the award
attributable to the value of the improvements.
C. If part of the premises is taken by any lawful authority under the
power of eminent domain for a period which will end on or extend beyond the expiration
of the tenn of this Lease, the City or Lessee may choose to tenninate this Lease as of the
date the condemner takes possession. If neither the City nor Lessee elects to tenninate
this Lease, the rent will be reduced in the same proportion that the value of the portion of
the premises to be taken bears to the value of the entire premises as of the date
condemner takes possession. Lessee will have no claim or interest in or to any award of
just compensation or damages except that Lessee will be entitled to an amount equal to
the fair market value of Lessee's leasehold interest in the part taken by the condemner of
any improvements made to the premises by Lessee, but not to exceed the amount of that
part, if any, of the award attributable to the value of the improvements.
D. If temporary use of all or a portion of the premises is taken by any
lawful authority for a period which would reduce the leasehold and, consequently, would
cause the premises to be untenantable for the use by Lessee for the purposes set forth in
the section of this Lease title "Use," then, at Lessee's detennination, the City or Lessee
may choose to tenninate this Lease, If the City or Lessee elect to tenninate the Lease, the
Lease will tenninate the date the condemner takes possession and Lessee will have no
claim or interest in or to any award of just compensation except that Lessee will be
entitled to an amount equal to the fair market value of Lessee's leasehold interest in any
improvements made to the premises by Lessee. If neither the City or Lessee elects to
tenninate this Lease, the Lease will continue in full force and Lessee will be entitled to
receive any award fonn condemner for the use of all or part of the premises, EXCEPT
that Lessee may elect to have the rents reduced by the amount proportionally attributable
to any partial temporary taking, in which event Lessee shall not be entitled to any portion
of the award attributable to said use.
Lease Agreement - General Terms and Conditions
K:/Public WorkslMayer Lease Agrmt
Exhibit D
E. It is understood and agreed that Lessee shall not be party to any
negotiation or proceedings at law wherein the City claims compensation other than that
which is defined statutorily as constituting "just compensation."
20. ANTI-DISCRIMINATION. In all services or activities and all hiring or
employment made possible by or resulting from this Lease, there shall be no
discrimination against any employee or applicant for employment because of sex, age
(except minimum age and retirement provisions), race, color, creed, national origin,
martial status, sexual orientation, or the presence of any sensory, mental, or physical
handicap, unless based upon a bona fide occupational qualifications. This requirement
shall apply to but not be limited to the following: Employment, advertising, layoff or
tenuination, rates of payor other fonus of compensation, and selection for any of the
tenus of RCW 49.60, Title VII of the civil Rights Act of 1964 or any other applicable
federal, state, or local law or regulations regarding non-discrimination. Any violation of
this provisions shall be considered a violation of a material provision of this Lease and
shall be grounds for cancellation, tenuination, or suspension, in whole or in part of the
Lease by the City and may result in ineligibility for further City agreements.
21. HEIRS, AGENTS, AND ASSIGNS. Subject to and without limiting any
provisions of this Lease pertaining to assignment and subletting, the provisions of this
Lease bind the heirs, successors, agents and assigns of any of the parties to this Lease.
22. CAPTIONS. The captions in this Lease are for convenience only and do
not in any way limit or amplify the provisions of this Lease.
23. TIME IS OF THE ESSENCE. Time is öfthe essence of this Lease, and
in the event of the failure of Lessee to pay any charges at the time in the manner herein
specified, or to keep any of the covenants or agreements herein set forth, Lessee shall be
in default.
24. CUMULATIVE REMEDIES. No provision of this Lease precludes the
City from pursuing any other remedies for Lessee's failure to perfonu its obligations.
Further, this Lease may be enforced at both law and equity. Damages are not an adequate
remedy for breach.
25. ATTORNEYS' FEES/COLLECTION CHARGES. In the event legal
action is brought by either party to enforce any of the tenus, conditions, or provisions of
this Lease, the prevailing party shall recover against the other party in addition to the
costs allowed by law, such sum as the court may adjudge to be reasonable attorneys' fees.
26. HOLDING OVER. If Lessee holds over after the expiration or earlier
tenuination of the tenD hereof without the express written consent of the City, Lessee
shall become a tenant at sufferance only at a rental rate equal to one hundred fifty percent
(150%) of the rent in effect upon the date of such expiration (prorated on a daily basis),
and otherwise subject to the tenus, covenants, and conditions herein specified so far as
applicable Acceptance by the City of rent after such expiration or earlier tenuination
shall not result in a renewal of this Lease, nor affect the City's right of re-entry or any
Lease Agreement - General Terms and Conditions
K:IPublic Works/Mayer Lease Agrmt
Exhibit D
rights of the City hereunder or as othe¡wise provided by law. If Lessee fails to surrender
the premises upon the expiration or termination of this Lease despite demand to do so by
the City, Lessee shall indemnify, defend, and hold the City harmless from all loss or
liability including, without limitation, any claim made by any succeeding tenant founded
on or resulting from the failure to surrender, and including without limitation any design,
engineering, construction or other costs for construction, installation, modification or
alteration of street, sidewalk or related improvements within the Premises or within the
53rd Avenue South right-of-way, attributable to or resulting from the failure to surrender.
Lessee's indemnification herein shall be together with interest, attorney's fees, and costs.
27. HAZARDOUS SUBSTANCES. Lessee shall not without first obtaining
the City's proper written approval, generate, release, spill, store, deposit, transport, or
dispose of (collectively referred to as "Release") any hazardous substances, sewage,
petroleum products, radioactive substances, medicinal, bacteriological, or
disease-producing substances, hazardous materials, toxic substances or any pollutants or
substances defined as hazardous or toxic as defined and in accordance with applicable
federal, state, and local laws and regulations in any reportable quantities ("Hazardous
Substances") in, on, or about the premises. In the event, and only in the event, the City
approves suC;h Release of Hazardous Substances on the premises, Lessee agrees that such
release shall occur safely and in compliance with all applicable federal, state, and local
laws and regulations. Lessee shall indemnify and hold the City harmless form any and all
claims, liabilities, lawsuits, damages, and expenses, including reasonable attorneys' fees
(hereinafter "Claim") for bodily injury or death, property damage or loss, or cleanup
costs arising out of this Lease to the extent such injury, death, damage, loss, or costs are
caused by the Release by Lessee or any of its agents, representatives or employees in, on,
or about the premises occuning during the term of this Lease.
Lessee shall be fully and completely liable to the City for any and all clean-up
costs, and any and all other charges, fees, penalties (civil and criminal) imposed by any
governmental authority with respect to Lessee's use, disposal, transportation, generation
and/or sale of Hazardous Substances in or about the premises, common areas, or
buildings. Lessee shall indemnify, defend, and save the City harmless from any and all
of the costs, fees, penalties, and charges assessed against or imposed upon the City (as
well as the City's attorney's fees and costs) as a result of Lessee's use, disposal,
transportation, generation and/or sale of hazardous substances.
Upon Lessee's default under this Section, the City shall be entitled to the
following rights and remedies:
(a)
At the City's option, to terminate this Lease immediately; and/or,
(b) To recover any and all damages associated with the default,
including, but not limited to clean-up costs and charges, civil and criminal penalties and
fees, adverse impact on marketing a space in the building, loss of business and sales by
the City and other tenants of the building, diminution of value of the premises and/or
Lease Agreement - General Terms and Conditions
K:/Public Works/Mayer Lease Agrmt
Exhibit D
building, the loss or restriction of useful space in the premises and/or building, any and
all damages and claims asserted by third parties and the City's attorney's fees and costs.
28. SEVERABILITY. If any tenTI or provision of this Lease or the
application of any tenTI or provision to any person or circumstance is invalid or
unenforceable, the remainder of this Lease, or the application of the tenTI or provision to
persons or circumstances other than those as to which it is held invalid or unenforceable,
shall not be affected and will continue in full force,
END OF GENERAL TERMS AND CONDITIONS
Lease Agreement - General Terms and Conditions
K:/Public Works/Mayer Lease Agrmt
Exhibit D
Recording Requested By:
When Recorded Mail To:
CITY OF FEDERAL WAY
33325 8th Ave S
PO Box 9718
FEDERAL WAY, W A 98063
A TTN: Marwan Salloum
SHORT FORM LEASE
Grantor: City of Federal Way
Grantee: Pamela R. Mayer, Joseph E. Mayer, and Natalie A. Mayer-Yeager
Legal Description (abbreviated):
Complete legal description is on page - of document
Assessor's Tax Parcel ID#:
Reference Nos. of Documents Released or Assigned:
This Short Form Lease is made as of the - day of , 2005, by
and between CITY OF FEDERAL WAY, a non-charter optional municipal code city
organized and existing under the laws of the State of Washington ("Landlord"), and
PAMELA R. MAYER, a married woman as her separate estate, JOSEPH E. MAYER, a
married man as his separate estate, and NATATLIE A. MAYER-YAEGER, a married
woman as her separate estate ("Tenant").
RECIT ALS
Landlord and Tenant have entered into a Lease as of the date set forth above (the
"Lease") with respect to the property described on Exhibits A-l and A-2 hereto (the
"Premises"). Landlord and Tenant wish to give notice of the Lease. Accordingly, they
agree:
1. Agreement. Landlord leases to Tenant and Tenant leases from Landlord,
the real property identified on Exhibit A attached hereto.
2. Term. This Lease tenn shall be for five (5) years unless terminated sooner
pursuant to Paragraph 10 of the Lease, or other provisions of the Lease. Upon the mutual
[M3yer. Le..., rc Boathouse Trnm]
written agreement of the parties, this Lease may be renewed for three (3) additional five
(5) year renewal terms. Consent to renewal shall be at the sole discretion of the City.
3. Other Tenns. The tenns of this Short Fonn Lease are subject to the terms
of the Lease and any amendments, renewals or extensions thereof, the provisions of which
are hereby incorporated by this reference.
Landlord:
CITY OF FEDERAL WAY, a non-charter
optional municipal code city organized and
existing under the laws of the State of
Washington
By:
David H. Moseley, City Manager
ATTEST:
By:
N. Christine Green, City Clerk, CMC
APPROVED AS TO FORM:
By:
Patricia A. Richardson, City Attorney
Tenant:
Pamela R. Mayer
Joseph E. Mayer
Natalie A. Mayer-Yeager
(May<r - Las< rc II<>athousc Tram]
-2-
WEH - 02127/98
ST ATE OF WASHINGTON)
ss. )
COUNTY OF )
On this day personally appeared before me, Pamela R. Mayer, to me known to be the
individual described in and who executed the foregoing instrument, and on oath swore that
she executed the foregoing instrument as her free and voluntary act and deed for the uses
and purposes therein mentioned.
GIVEN my hand and official seal this
day of
, 200_.
(typed/printed name of notary)
Notary Public in and for
Washington.
My commission expires
the State of
STATE OF WASHINGTON)
ss. )
COUNTY OF )
On this day personally appeared before me, Joseph E. Mayer, to me known to be the
individual described in and who executed the foregoing instrument, and on oath swore that
he executed the foregoing instrument as his free and voluntary act and deed for the uses
and purposes therein mentioned.
GIVEN my hand and official seal this
day of
,200_,
(typed/printed name of notary)
Notary Public in and for
Washington.
My commission expires
the State of
(May<r -1..,..< rc lJoathou.« Tram]
-3-
WEH - 02127/98
STATE OF WASHINGTON)
ss. )
COUNTY OF )
On this day personally appeared before me, Natalie Mayer-Yeager, to me known to be the
individual described in and who executed the foregoing instrument, and on oath swore that
she executed the foregoing instrument as her free and voluntary act and deed for the uses
and purposes therein mentioned.
GNEN my hand and official seal this
day of
,20O_.
(typed/printed name of notary)
Notary Public in and for
Washington.
My commission expires
the State of
[Mayer - Lease re Boalhouse Tram]
-4-
WEH - 02/27198
IDmIBIT A-I
LEGAL DESCRIPTION FOR
PROPOSED TRAM FACILITIES PERMIT AREA
CITY OF FEDERAL WAY, WASHINGTON
THAT PORTION OF 53RD AVENUE S.W. (AKA BEACH LANE) AS DEDICATED TO THE
PUBLIC ON THE PLAT OF HEALY PALISADES, AS RECORDED IN VOLUME 33 OF PLATS.
PAGE 45, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 14, BLOCK 1 OF SAID PLAT;
THENCE N14°10'38'W, ALONG THE WEST LINE OF SAID LOT 14, A DISTANCE OF 143.37
FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE S14°10'38"E ALONG SAID LOT LINE AND THE EASTERLY MARGIN OF SAID
STREET, A DISTANCE OF 39.00 FEET;
THENCE S38°20'18'W, A DISTANCE OF 26.10 FEET;
THENCE S64°35'OO'W, A DISTANCE OF 26.93 FEET, MORE OR LESS, TO THE WESTERLY
MARGIN OF SAID STREET; .
THENCE N25°25'00"W, ALONG SAID WESTERLY MARGIN, A DISTANCE OF 18.46 FEET,
MORE OR LESS, TO AN ANGLE POINT;
THENCE CONTINUING ALONG SAID WESTERLY MARGIN, N27°44'00"W, A DISTANCE OF
2.71 FEET, MORE OR LESS, TO A POINT FROM WHICH THE TRUE POINT OF BEGINNING
BEARS N38°20'18"E;
THENCE N38°20'18"E, A DISTANCE OF 64.75 FEET, MORE OR LESS, TO THE TRUE
POINT OF BEGINNING.
(CONTAINS 1,690 SQUARE FEET, MORE OR LESS, OR APPROXIMA TEL YO, 04 ACRES.)
Prepared by BASELINE Engineering, Inc.
BASELlNEJob No. 02-108
File Name: 02108- TramFacílitiesPermitOesc.doc
Date: 10/18/2004
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EXHIBIT A-2
LEGAL DESCRIPTION
PROPOSED DECK LEASE AREA
CITY OF FEDERAL WAY, WASHINGTON
THAT PORTION OF 53RD AVENUE S.W. (AKA BEACH
LANE) AS DEDICATED TO THE PUBLIC, AND OF THE
PARCEL LABELED "COMMUNITY BEACH", ALL ON THE
PLAT OF HEALY PALISADES, AS RECORDED IN VOLUME
33 OF PLATS, PAGE 45, RECORDS OF KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 14,
BLOCK 1 OF SAID PLAT;
THENCE, ALONG THE WEST LINE OF SAID LOT 14, A
DISTANCE OF 318.00 FEET TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION;
THENCE S50o00'W A DISTANCE OF 37.00 FEET;
THENCE N14°10'38I1W A DISTANCE OF 52.00 FEET;
THENCE N50o00'E, A DISTANCE OF 38.81 FEET, MORE OR
LESS, TO THE EASTERLY LINE OF SAID "COMMUNITY
BEACH" PARCEL;
THENCE SOooOO'W, ALONG SAID EASTERLY MARGIN, A
DISTANCE OF 6.65 FEET, MORE OR LESS, TO THE
NORTHWEST CORNER OF SAID LOT 14;
THENCE SI4°10'38"E, ALONG THE WEST LINE OF SAID
LOT, A DISTANCE OF 46.34 FEET, MORE OR LESS, TO THE
TRUE POINT OF BEGINNING.
(CONTAINS 1,736 SQUARE FEET, MORE OR LESS, OR
APPROXIMATELY 0.04 ACRES.)
[Mayer - Lease TO Boathouse Tram)
-2-
WEH - 02127/98
02/13/20135
14:55
2538480660
rv1ARK
PAGE
02/02
2-2S~2005
Land Use and Transportation Committee
33325 8th Avenue South
Federal Way, WA 98063
To Whom It May Concern:
To the Land Use and Transportation Committee and To Whom It May Concern, .
We are writing in response to the Mayer Requatfor Blght of Way LeaJ¡~ Agreem£nt mul Tram
Extehl'liOft.
As neighbors adjacent to the property being proposed for the Tram EXtðt1sion and the accompanying
Terminal Building,. we would like to expres$ OUf concerns. .
Our biggeSt concern is that the proposed buHding has as little visual impact on the neighborhood as
possible. When you drive down 53td Aven.u~ to the d-œd -end where tbe propt>ßedterminalwould be built,
there is a spectacular view ofPuget Sound and Maury Island, This vista is available to everyone across the
road's end and public right of way. The. proposed tram terminal building plans that were provided by the
city for U$ to examine would limit tbis building to a height of 4 6"ahove dIe existing road grade. It is our
hope, since the hillside has to be excavated to accommodate this limitation, that the excavation could go
down ¡mother 4' and the top of the building would be level with the road grade. This would minimize the
buildings visual impact and everyone wh9 comes down the road or lives on the dead end could stin eqioy
the wonderful view ofPuget Sound and not the view of the side ora building. the building would no have
visual impact on the Mayer's property, which is located 50-75 yards down the hill!Jide in front of the
terminal buìldÙlg, but would impact the view from our home which looks out directly across the top of the
proposed site.
Additionally, there 1\re parking and right ofwa.y concerns, but we feel these can be, will be or have been
worked out.
Weare not opposed in principle to tbebullding 3nd it' .spurpose, but once twssttucture Ì!¡ built, we will
have-to Hvewith it fOf' the. rest ofaur lives. It i~ our hope. thatifthéconunittee-appr~)Ves the-structure; it do
so only àfter careful consideration ofthe impact it will have on the entire neighborhood.
Thank you,
j/ItIiL. ~
Cþu 1- vrI aM ~ - jdz ~ ¡;{
Mark F astabend
Janet Darragh-Fastabend
31060 53n1 Avenu~ SW.
Federal Way, WA98023
02/13/2005
14:55
2538480550
MARK
PAGE
01/132
.
.
. :: : faosimiIett-ansmittal:;..:!
To:
Marwan SaJlouro
F8Ix: 2538352709
Date: 02/25/05
Pages: 2
From: Mark Fa$1:ab~nd
Re:
Mayer Tram Extension LUTe
cc:
[Click here and type name)
[J Urg8nt
0 For Artview
0 Please Comment
0 PI8a8ø Reply
0 PIQase Recycle
.
.
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. .
:~~;R~ is a fax copy of the letter I have mailed to you regarding the Mayer Tram Extension
. . . . . . . . . . . . . . . . . . . . . . .
MEETING DATE:
March 15,2005
ITEM# ~
.....................................
.......................................................
.....................................
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
2005 Carry-Forward Budget Adjustment
CATEGORY:
BUDGET IMP ACT:
0 CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
[8J ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
--.......-.....-.......-.-.............-.-...-----. ..---..----..-..--...-....--...-....-.........--.....-.....-..-""--"-"""""""""'--"-"'-'---"""'-""'" """'...""""""""'-"'--"""-""""""-"""""""............................... ..- "---"""""""""".- ........-....-...........-
~!!~~I!~~~:! s ...=..~ u d g..~_t.._~~j~~~.~-~ S u~~~~~~~~?...~~~.grdi E.~.~~~:................__.._-_....._-_......_..........._....._---_....._-..---......-...
SUMMARYIBACKGROUND: This is an ordinance to adjust the 2005 budget to: (1) reflect the actual ending fund
balance at 12/31/04; (2) carry-forward grants, transfers, and other revenues which were awarded and budgeted but
not received in 2004; (3) carry-forward projects, services, and other expenditures that were approved or committed
in 2004 but not yet completed or paid at the end of 2004; and (4) incorporate certain impacts of annexation. Unless
otherwise identified, these adjustments are housekeeping in nature.
.-....-...-............................--.-...........................
....................-.........-.....................--.........-......-.....................-...........---.....-.....-.........."""""""""-""""""""""'.-............-.............-...-......-......................-....... """""""""""'-""""""""""-""'-............".......................-.....---.........................
CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the 2005 Carry-Forward Budget
Adjustment with the deletion of $250,000 for Community Center Project Management and allocate the same to the
City Manager Contingency Fund.
.......-...............-............-..................
................-............................................. .............................................-...............-......-.....................................................-..........
.........................................-.........-.......
.............--.........-.........
PROPOSED RECOMMENDATION: "I move the proposed 2005 Carry-Forward Budget Adjustment Ordinance
to second reading and enactment and the next regular council meeting on AprilS, 2005."
.......-......-.............. ...................-.....................
~_.....-
.........................................
.......................-...................
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 #
3¡'~
REVISED - 05/10/2001
CITY OF FEDERAL WAY
MEMORANDUM
From:
February 16,2005
Finance, Economic Development & Regional Affairs Committee
David MOS~anager I
Iwen Wang, M~nagement Services DirectoH'1L, rr ~r\t~/
Carry Forward Budget Adjustment Ordinance
Date:
To:
Via:
Subject:
Back2round
The carry forward budget adjustment makes four types of modifications to current year's budget:
1. Adjust the beginning fund balance available based on the actual year-end balance of the previous year;
2. Appropriate for projects that were budgeted in the prior year, but not completed and will continue during the current year;
3. Make other changes or correction as needed; and
4. Adjust the budget to include annexation impacts that we know of at this time.
General and Street Fund Operations:
The preliminary $1.53 million General and Street fund balance is over and above the amount included in the 2005/06 budget.
However, of this amount, $800 thousand will be needed to continue existing projects not yet completed and/or previously
approved by council; $356 thousand in recommended new items listed below; and the remaining $432 thousand will partially
restore city manager's contingency per council direction at the 2005/06 budget deliberation.
The $1.53 million is made up of $55 thousand in lower revenues than budgeted and $1.58 million in unspent expenditures. The
primary source of decrease in revenues is gambling taxes ($408K), sales tax ($288K), interest earnings ($132K), recreation
fees ($95K), criminal justice sales tax ($66K), offset by higher permit fees ($427K), police overtime security and traffic school
($261K), passport fees ($57K), and grants/other ($189K).
On the $1.58 million unspent expenditures, $800 thousand will be needed in 2004 for projects in progress, $432 thousand to -r-
restore a majority of the city manager's contingency, and $356 thousand in one-time items as listed below for Council funding ,jn'
consideration. ~Atv MI~lno,...~L .'¥13
. Provide $2 forUninterruptiblePowerSupply(UPS); -.,... c-t'-"-'-I.~ r""J.?ICf'!Io-/J
. Provide, 7K for Annexation Census ~O CII\ t"'\.I"\fV"^~€"(l ~V~.II~ MJ6¡¥1(f "\;'-~,-~o¿.\T,.l¡\J
. Provide $250K 'ftJr Wulll,tmit,y Gcnta IIH'j,:('t Tn""-¡genrent, . M\C 1',-,1 b- fin .:; J- ç
. Provide $8K for CALEA reaccredidation; "iV ' \ .C
. Provide $4K for 2005 Bulletproof Vest Grant Match;
. Provide $5K for munition supplies for public safety department training;
. Provide $7K for public safety defensive tactics, civil disturbance equipment and CIS audio/video equipment;
. Provide $IIK for outfitting patrol cars with pursuit intervention technique bars; and
. Provide $14K for tasers to outfit remaining commissioned officers and police support officers.
Also included in the budget adjustment is $307 thousand to fund three police officers, one patrol vehicle, and equipment, all of
which will be covered by property tax from the newly annexed areas.
Designated or Project Specific Funds:
The balance of the adjustments are for designated programs or capital project funds, such as arterial street overlay program,
lodging tax funded tourism program, 2% for the arts, CIP funds, KFTheater/Dumas Bay Centre, and SWM. The adjustment for
these funds total $33.15 million and includes: $31.3M in CIP funds for continuation of existing projects; $66K for
continuation of arterial streets overlay; $262K in 2% for the arts for new city hall and community center projects; $250K from
excess REET in the debt service fund for WIFI project; $176K in lodging tax fund for Korean Festival and other programs;
$35K for continuation of GAC capital; $154K for SWR & CDBG grants; $763K in internal service funds for continuation of
projects, recommended new projects and annexation; and $163K in enterprise funds for continuation of projects.
Overall this is a combined total adjustment of$35,650,135.
Action Requested
Move the carry forward budget adjustment in the amount of$35,650,135 to the full Council
APPROVAL BY COMMITTEE:
Committee Chair
k:\fin\biennial\ordinanc\2005 carryforward memo. doc ;
CITY OF FEDERAL WAY
2004 RESULT OF OPERATIONS
GENERAL & STREET FUND ONLY
Sou rces/Uses
As of Decern,bet 31, 2004
Annual Budget Actual
Variance
Favorable (Unfavorable)
($) -i----- (%) --
Beginning Fund Balance
8,109,614 $
8,109,6141 $
(O)
0.0%
$
I
~~;;~~n~a~::e"-ues_~ --+-- 8,107,771 8,121,088-----13,31T 0.2%
Sal~s Tax-------~--_~5Q~8~,-153 10,546,218 ---==_{£~8-,~~5) ~~=~_-__-i7%
Criminal Justice Sales Tax i 1,714,051 1,648,046 (66,005) -3.9%
Intergover_rlf!lentar------ i-_n_-- 2,2~~§?_3- - 2,231;610.. ----=uj?-,-°11) -----=-------:Q--1Jo
Gambling}axes -_u _H 1,850,000 1,442,004 (407,996) -22.1 %
Court Revenue-Fines & Forfeitures e--- 1,275,97'5----1 ,2Q?,3()?-L (68,672) _____--5.4%
Building Permits/Fees-CD~n 1,194,009 1,658,586 i 464,577 38.9%
ROW Permits/Fees-PW 377,296 .339,-366 r-----(37,930)1__- -10.1%
Licenses 142,100 177,445 35,345 i 24.9%
~--,_._------ -- ._..,--_._.~
Franchise Fee_~___- -~--- 653,062 --_!QQ,_r.1~- 47,652 _].3%
Recreation Fees 934,950 --~~~!~§ --- (95,154) -10,2%
Interest Earnings-General Fund 288,170__156,640 {131,530)___-=-4§.6%
Adl!1in/Cash Mgmt Fees_- 54_?'~QOQ.- --- 541,495 (505j :0.10;0
Police Services 260,753 25.8%
_.___n_- .--.-------
Miscellaneous/Other 140,954 118.7%
--------- - --.--- ---.------- -------------
Transfer Utility Tax for Bo_nd Project M&O --------- 1 0.0%
Transfer In From Utax for KJP --- --- nn (25,090) __n__- -8.1 %
Transfer In From Uta)5JErÇ_eleb Pk - I 0.0%
Grants/Contributions 36,931 , 142,654 105J231 286.3%
TotalO eratin Revenues 32,039,395 I 31,983,888 i 55,507 I -0.2%
Operating Expendi~ures .... . ....
City Council 305,038 306,312 ; (1,275) -0.4%
City Manager------._. I 924,753- 830,934 ¡ 93,819 10.1%
~uniëiPal cou;-o~erations------I-- ~,~~~,~~~---~,~90;959n.---_u ~õ~~~ _n_- ~_3.5%
Ci~~T6~;i~~1~_;;~~s====-l---) :427 :44 7 --1~2~~~~~~---~--=~Q~~i9§ --- 1 ::~~
Comm. Development SVc5 3,720,212 I 3,400,483 319,728 8.6%
Police Services ------ .=~------ - 16,075,115 t__16,025,964 ~49:151 i 0.3%
~ail Services - ___1~~~~060 __1,211,530172,539 12.5%
Par~~_Cll1d Recreation ----- 3,942, Ttì?3,834,541 I 108,2_21- 2.7%
Public Work~___- u-------- --- 4,046,0493,71:4..569 L - __331 ,-4~ ____8.2%
Conting~ncy -- .. ~ - 156,836_n____---.: : _156'131t>- 100.0%
Transfer to New City Hall CIP i 663,370 663,370 0.0%
---____._n_un______--.---+--.-- ___nn_- --- - -- .-.---.__.__nn__-
f~~~!~II~~~~]~i!~~d~r¡ ~ _Ttl~~_u= ~g~~ ,~--~ ~ ~.~~
Trt.msfe~!o- SR99 HOV Lan~~ Phase¡_I!LCI¡ __750,()QQ- ---_J'§O,O()()L - . -n---- 0.0%
Transfer to South 356th: 1stAvS-SR99: 1,120,000 1,120,000 i 0.0%
otalOêratihEx enditures 38,551,180 I 36,967,894 1,583,286 4.1%
Oper Revenuesò",êr/(under)
0 eratin 'Ex. enditures
Ending Fund Balanc:E!-
Ending: Fund Balance Q_eté)il
R~~ervedf()r__t-.Je)<t-"" ear.8udg~t:__- .
Interfund Loans
-__.___m._- .-
Snow & Ice
--- ._u,,'--------------- . -. ..
Unreserved
-23.5%
95.6%
nfa
0.0%
0.0%
102.7%
2/18/2005 7:38 AM
K:\FIN\MFR\04mfr\04 Expense\Gen_Street Fund 04 12-04.xls CFADJ Attachment
CITY OF FEDERAL WAY
2005 CARRYFORWARD BUDGET ADJUSTMENT
General Fund:
PL-Transfer GMA Grant Money to PW for Traffic Concurrency Project in 2005....,.......................
Transfer to Street Fund - General Fund Subsidy.................,...................,..............................
City- Wide/Unallocated
Sign Code Related Legal Fund (also Impacts Fund 501 Risk Management)................................
New-IS-Uninterruptable Power Supply (UPS) for NCH (also impacts Fund 502)...,.,.....................
IS Charge-Systems Security (also impacts Fund .502)............................................................
City Manaqer
City Manager's Contingency-Partial Restore...,.."...".,....,.....................................................
Municipal Court
Municipal Court-Increase Ongoing Probation Expenditures (Revenue).............,.........................
Economic Development
Lifestyle Center/Economic Development Study..........................................,..,.......................
Community Development
IS Charge-Permit System (also impacts Fund 502 Information Systems)....................................
PL-Code Amendments.........................................,..,....,...,..........................................,....
PL-Neighborhood Business Park Study,......,.......................................................................
PL-Planned Action SEPA...........................,............,........................................................
PL-Potential Annexation.......,......,.............................."""""""""""""""""""""""""""
PL-Shoreline Inventory.....................................................................................................
PL-Abatement Funds,............................................................................,...'.........'....'......
PL-Consultant, funded by 2003 State GMA Grant.................................................................
PL-Permit Process Intern..................................................................................................
New-HS-Annexation Census (from HS Comp Plan)................................................................
HS-Document Production for HS Comp Plan........................................................................
HS-Budget HS Contributions.............................................................................................
HS-2004 Human Services Contract Balance.............................................................,...........
ND-Volunteer Dinner-Adopted Budget $3650-add program cost ($4.3K), Supplies ($1K)................
ND-Neighborhood Matching Grant.....................................................................................
ND-CERT ProgramNolunteer Recognition...........................................................................
HS-Consolidated HCD Plan (in excess of CDBG funds, from HS Comp Plan)..............................
Law
Pending Legal Expenses for 2005 Litigation not Covered by Insurance........................ ...............
Employment Arbitration-Scheduled for Late February 2005......................................................
Manaaement Services
Cable Franchise Negotiations............................................................................................
Human Resources-Wellness Program-Balance.....................................................................
Human Resources-Education Assistance Program-Balance.....................,...............................
Human Resources-Job Announcements-Balance...........................................'.......................
Human Resources-Labor Negotiations-Balance....................................................................
Annexation (1-Time): Recruitment/Advertising Costs for 3 New Officers.....................................
Parks & Recreation
Arts Commission Contract-Balance.,..................................................................................
Parks Repairs & Maintenance-Delayed Maintenance due to New City Hall Project........................
New-Cor;¡:lI:r;l'lr4ity C9Rt8r I?rgj88t M9R9~8FReRt..:-:-r.o..C. 1'1.MJtNIH:;\e~.ú~)JJ.lv,l;:i.ø.X'ý"....
Public Safety (~Çf¿ \(E)'V\O fDR.. Ft:-¡)Kti c. A¡JPROý!tL ')
Explorer & Memorabilia Program,.,.,......"...,..."..,....".................................,.,.....,.,.............
2004 LLEBG Grant-Federal Share $4,732 & Local Match & Interest$2,701................................
COPS MORE 2002 Grant-Federal Share $53,588 and Local Match $46,300-WIFI Project.......,......
Jail Services-Yakima Contract ($33K) and King County Contract Back Bills ($25K).......................
New-CALEA Reaccredidation-Summer Conference/Onsite Assessment..............,.........,...,......
New-2005 Bulletproof Vest- Grant Pending $3,850 & Local Match $3,850...................................
New-Munitions for Simunitions-Needed Supplies for Department Training...................................
New-Defensive Tactics Equipment-Mats, Protective Gear, Etc...................................,.............
New-Civil Disturbance Equipment-Helmets, 40mm Rounds, Mask Filters, Etc..............................
New-Pursuit Intervention Technique (PIT) Bars-32 Vehicles @$350 each...................................
New-CIS AudioNideo Equipment (DVD Readers, Digital Camcorders).............,.......................,
New-17 Tasers-To Complete Outfitting all Commissioned Officers & PSO..................................
IS Charge-AFIS System (also impacts Information Systems Fund)...............,...,......,................,
Annexation (1-Time): New Patrol Vehicle-Also Impacts Fleet Fund............................................
Annexation (1-Time) New VRM/Laptop-Also Impacts Information Systems Fund..........................
Annexation (1-Time): New Radios (1 Mobile, 3 Handheld)-Also Impacts Fund 502...............,........
2005 Carryforward.xls 05_06 list 2/18/2005 7:44 AM
2005
8,000
$119,914
20,000
20,000
7,450
431,771
92,000
55,875
108,500
79,095
40,000
52,275
17,561
36,144
1,274
34,000
7,000
36,984
5,000
47,748
4,750
5,363
6,375
1,344
1,216
40,000
49,355
30,000
15,203
4,106
10,000
30,000
3,000
40,009
40,000
250,000
8,462
7,433
99,888
58,000
8,000
7,700
5,000
2,500
3,000
11,200
1,500
14,500
8,000
31,000
6,000
10,000
Dept Total
$127,914
$47,450
$431,771
$92,000
$55,875
$484,629
89,355
92,309
330,009
1 of 3
CITY OF FEDERAL WAY
2005 CARRYFORWARD BUDGET ADJUSTMENT
Annexation (1-Time): Tasers for 3 New .Officers-One-Time.....................................................
Annexation (1-Time): 3 New Officers-Setup Cost (Uniform/Equipment/Supplies)-$17S0 each,.........
Annexation (Ongoing): New Patrol Vehicle M&O (Gas $2K, R&M $2K, Insurance $1 K)..................
Annexation (Ongoing): New Patrol Vehicle Replacement Reserves, Based on S Year Life..............
Annexation (Ongoing): New VRM/Laptop-Replacement Reserves, Based on S Year Life...............
Annexation (Ongoing): New Radios-Replacement Reserves, Based on 10 Year Life..............,......
Annexation (Ongoing): NewVRM/Laptop/Radios-M&O Expense-.............................................
Annexation (Ongoing): 3 New Officers-Salary (E step)/Benefits (28%).......................................
Annexation (Ongoing): 3 New Officers-Supplies $1.SK/Travel/Training $3K/Uniform $1.SK.............
Street Fund:
Commute Trip Reduction Grant-Deferred Revenue Balance........................................,.......,...
EOC Balance (2003 $17,144 plus 2004 $28,000)......................................................,...........
PW Boom Truck-Previously Approved ..,.............,..,.,.........................................."....,.........
Transfer 2004 New Street Lighting Fund to Westway Street Lighting Project................... ............
Traffic Concurrency-Source is Prior Year's GMA Grant Received by Community Development.......
Traffic Counts-Source is Signal Synchronization Grant received in 2004.....................................
Subtotal General & Street Fund
Arterial Street Fund:
Asphalt Overlay Program-Balance......................................................................................
Debt Service Fund:
New-Use Excess REET for WIFI Project (also impacts Information Systems Fund)......................
Solid Waste & Recycling:
Eliminate 200S's Estimated Grant Expenditures & Replace with ActuaL......................................
Waste Reduction & Recycling Grant Balance........................................................................
CPG Grant Balance........................................................................................................
Local Hazardous Waste Management Program Grant Balance.................................................
Special Studies/Contract:
Government Access Channel Capital-Balance......................................................................
Hotel/Motel Lodging Tax:
L TAC-Korean Festival and Other Program Balance................................................................
2% for the Arts:
Parks 2% for the Arts for New City Hall and Community Center ..................... ................... .......
CDBG:
Revise Adopted CDBG Allocation to Reflect Actual Funding Allocation.......................................
Transfer to Westway Street Lighting CIP-2004's Grant Reimbursement.....................................
Transfer to So 314th Pedestrian Signal CIP-2004's Grant Reimbursement, ................................
Transfer to Parks CIP-Armstrong Property CDBG Grant Reimburse.................... ...............,......
SO bfõtâ '~~Pêpii.ll..R. e v ~I)Y ~~.. F f.! Ods
City Facilities CIP:
New City Hall-Project Balance.....................,.....................................................................
Community Center-Project Balance ..........,...'...,...............................................,................
Parks CIP Fund:
Corrections-Charge SO% Park Planner to CIP.......................................................................
Sacajawea field improvement-Balance.,..............................,...................,.....,..,..,..,.,..........
Celebration Park Maintenance Bldg- CP Balance ($112K), Parks Maint CIP ($21K), KLCC ($27K)...
Historical Cabins Park-Reduce 2005's Grant Expenditures by Amount Spent in 2004...................,
Armstrong Property-Project Balance ($178K) & CDBG Grant ($75K).....................,...................
Parks Major Maintenance-Project Balance............................,.....,.,........,...,,...,.,..................
Bike Facility-Project Balance.................................................................,...................,.......
Lakota Park-Project Balance...........................................................................................,.
Sportsfield Renovation-Project Balance.......................................................................,.'.....
Surface Water Management CIP Fund:
W Hylebos Channel Stabilization/Restoration-Project Balance ($343K) & Grants ($163K)..............
West Branch Lakota Creek Restoration-Project Balance.........................................................
SW 32Sth St CulvertlTrunk Replacement-Project Balance...................,......,........,..,................
East Branch Lakota Creek Restoration-Project Balance..........................................................
Lakota Wetland Regional Pond-Project Balance...,.............................,..................................
Transportation CIP Fund:
Adopted Budget Correction-Add Contra Accounting..............................................,........,.......
Adopted Budget Correction-Contingency for SR99 HOV Lanes Phase II......,..............................
200S Carryforward.xls OS_06 list 2/18/200S 7:44 AM
2005
2,600
S,2S0
5,000
6,200
1,200
1,100
2,500
227,174
6,000
18,3S4
45,144
SO,OOO
2,210
8,000
22,560
$2,436;787
66,032
250,000
(133,800)
79,811
72,292
22,933
35,153
175,196
262,151
(38,015)
2,765
73,407
7S,000
$942,925
1,481,098
19,113,801
44,252
70,856
160,000
(7,977)
253,830
62,243
10,000
17,643
6,907
S06,077
779,171
155,970
1,286,354
286,909
96,319
711,000
Dept Total
539,207
146,268
2,436;787
66,032
250,000
41,236
35,153
175,196
262,151
113,157
$942.925
20,594,899
617,754
3,014,481
2 of 3
CITY OF FEDERAL WAY
2005 CARRYFORWARD BUDGET ADJUSTMENT
S 356th St to SR99 to 1st Ave-Project Balance....,.................,...............,...................."""""
ROW 23rd Ave S-Budget after Returning to Unalloc for Land Payment......................................
SR99 HOV Lanes Phase II-Source is Project Balance ($1.2M) & Grant ($490K).............,............
South 320th @ 1st Ave South-Project Balance.......................................................""""""'"
Weyerhaeuser Way Roundabout-Project Balance......,...........................................................
So 288th/Military-Project Balance.......................................................................................
S 348th St@ 1st Ave-Project .Balance...............................................................................
21st Ave SW/SW 357th-Project Balance..............................................................................
S 348th St:9th Ave S to SR99-Project Balance......................................................................
SR99 Phase III-So 284th St-SR509-Project Balance ($1.5M), Reduce Grant Budget ($414K),........
Westway Street Lighting-Source is CDBG Grant ($141K), Street Fund ($2K), Unalloc CIP ($43K)...
S 336th St @ 1st Way So-Project Balance ($11K) & Mitigation Anticipated ($13K)........................
City Center Access Study-Project Balance........,..................................................................
$1..1 btot$I)C::2Ipital...P~9jêçts)FLll'1d
Suñace Water Management:
King County Watershed Interlocal Agreement-Balance....................................."""""""""""
Annexation Impact-Vactoring Services.................................,............."""""""""""""""'"
Steel Lake Management District (SLMD)-2004 Balance-.........................................................
Reduce Transfers to CIP-Keep SWM Reserve Requirements-Use Unallocated CIP instead...........
Dumas Bay Centre:
KFT/DBC Capital-Balance..............................................."""""""""""""""""""""""'"
KFT/DBC Capital-Ending Balance from DBC...............,........................................................
KFT/DBC Capital-Ending Balance from KFT............................................................"""""'"
DBC ALEA Grant Project-Balance..................................................""""""""""""""""""
DBC-Carpet, Irrigation Roof Repair-Balance.........................................................................
DBC/KFT Rehab Project................................................................"""""""""""""""""
DBC ALEA Phase II Project....,..................................................."""""""""""""""""""
$ûQ(Qtal) l!ñtêl!P !tis...' F!.ìl1ds
Risk Management:
Annexation (Ongoing): New Patrol Vehicle Insurance.............................................................
New Program-Sign Code Related Legal Defense...................................................................
Information Systems:
Replace File Server-Budgeted in 2004-Use Replacement Reserves..........................................
Phase II Permitting Systems, Continue E-Permit System-........................................................
Rec System Upgrade-Previously Budgeted in 2004................................................................
Records Management System................................................""""""""""""""""""""'"
Document Imaging System Upgrade-Previously Budgeted.......................................................
Systems Security Software, Continue Effort-Previously Budgeted in 2004...................................
PS Record Systems, continue project-....................................................................
PS Records System Interface-AFIS Interface, Previously Budgeted in 2004................................
New-UPS for NCH.........................,.............................""""""""""""""""""""""""'"
New-UPS for NCH, use RR-not previously budgeted..............................................................
New-Video Arraignment for Yakima Jail-Use of RR................................................................
New-WIFI Pilot Project-Source REET.............,.........................................."""""""""""'"
Annexation (1-Time): VRM/Laptop for Vehicle Setup-Capital Outlay.......................... """"""""
Annexation (1-Time): New Radios (1 Mobile, 3 Handheld)-Capital Outlay................................,...
Annexation (Ongoing): NewVRM/Laptop/Radios, M&O Expense..............................................
Correction-SIB Reduction in Revenue, not Expenditure Reduction............................................
Correction-PS Voicemail System Upgrade-Capital Portion Excluded from Adopted.......................
Fleet & Equipment:
Correction-Replace Vehicle 635......,.,.,..........................................""""""""""""""""""
Correction-PS Reserves Reduction.................................................."""""""""""""""""
PW Boom Truck-Previously Approved """"""""""""""""""""""""""""""""""""""""
New-Replace PSO Vehicles #522 & #523 Due to High Repair Cost-Use Reserves.......................
New-Replace Totaled PklMt Vehicle $1191-Use Reserves......................................................
Annexation (1-Time): 1 New Patrol Vehicle-Capital Outlay.......................................................
Annexation (Ongoing): New Patrol Vehicle M&O-..................................................................
Sû bt ota liriterna I Sa rVica.F u rids
2005
1,653,383
24,402
1,759,263
31,524
124,695
204,825
134,739
23,700
1,015,150
1,090,433
185,432
24,134
37,983
$3~,344,116
6,368
31,234
13,210
(305,256)
39,090
344
(3,839)
112,276
14,436
154,997
100,000
$16~,aq.o
1,000
20,000
15,000
108,500
5,000
21,000
7,200
7,450
15,000
8,000
20,000
6,000
14,000
250,000
6,000
10,000
2,500
15,000
17,320
30,602
19,875
56,000
50,000
22,000
31,000
5,000
$763,447
Dept Total
7,116,982
$31,344,116
(254,444 )
417,304
$162,860
21,000
527,970
214,477
$763,447
Grand Total
$35,650,135
$35,650,135
2005 Carryforward.xls 05_06 list 2/18/2005 7:44 AM
3 of 3
DRAFT
~/:J-5/()Ç-
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS
AND FINANCE, REVISING THE 2005-06 BIENNIAL BUDGET
(AMENDS ORDINANCE 04-469).
WHEREAS, certain revisions to the 2005-06 Biennial Budget are necessary; and
WHEREAS, these revisions are a result of funds to be carried forward from 2004;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Amendment. Ordinance 04-469, Section 1, is hereby amended to adopt
the revised budget for the years 2005-06 biennium in the amounts and for the following purposes:
Section 1. 2005-06 Biennial Budget. That the budget for the 2005-06
biennium is hereby adopted in the amounts and for the purposes as
shown on the attached Exhibit A and B (2005 and 2006 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 ofthis
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.
ORD.#
, PAGE 1
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
,2005.
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:\\finlbienniallordinancl2005 carryforward ordinance.doc
ORD.#
, PAGE 2
Fund
General Fund
Special Revenue Funds:
Street
Arterial Street
~~-~---------~---- --
Utility Tax
___Solid Was~~~ecy~nç¡
Special Contract/Studies
Hotel/Motel Lodging Tax
----------------- -
2% for the Arts
Grants - CDBG
---------__-n
Paths and Trails
Debt Service Fund
Capital Project Funds:
City Facilities
Parks
SWM
Streets
Adopted
Begin Bal
------
$
1,497,837 $
EXHIBIT A
2005 REVISED BUDGET
Revenues & Other Sources
Adopted Change in Revenue
Revenue Fund Balance Adjustment
30,696,787 $
1,527,780 $
-----
462,740 II $
146,268
41,236
36,985
5.965
- 19,794,899 800,000
---~ -----------
776,464 345,000 395,621 236,873
---- ----- -- - --------------------
2,6~~866 - 2,032,561 3,629,753 (142,301
----.1==- 1,606,409 4,556,050 9,824,960 2,011,965
--
Enterprise Fund:
- ----------------
Surfac_eV'Jater Management
- _Dumas Bay ~enter
Ilntern<JI~ervicef~nds:
Risk Manager11~t- -
Information Systems
S_upp°rt_~ervi~~
Fleet & Equipment
r----- "----
Buildings & Furnishings
---
Grand Total All Funds
100,000
954,260
94,284
5,289
5,531
- H---
2,897,555
-
3,743,569
1,481,008
7,527,399
301,501
0
66,032
141.318
30.885
29.864
175,196
262.151
76.172
98
Revised
Budget
34,185,14511 $
-
3,989.837
1.547.040
8.622,977
467.906
35.153
325.196
262.151
990.729
14,991
347,314
3.943
--
4,039,139
~--------------~---
1.544,756
111.501
2,143,332
108,785
$
18,883,265
-
-
150,000
-
-
-
-
-
9.257,691
-
-
Expenditures & Other Uses
Adopted Expenditure Revised
BUdget AdJustment, Budget
31.525,195 $
3,743,570
1,481,008
7,735,400
345,685
150,000
877,572
6,083,127
2,290,520 II $
33,815,71511 $
Fund Balance
Reserved!
Unreserved
369,430
--~
--
100,000
0
887,577
----
80,985
0
0
-
877.572
3.397
-
146,268
66,032
3,889.838
---
1,547.040
----
7,735,400
386.921
35,153
325,196
262,151
990.729
- -
-
--------
0
14,991
------
---
--
6.322.273
37,863
-
-
41,236
35.153
175,196
262,151
113.157
--
un
____~,3~3,1_2?J~_~,-~~4,56~
-
---
___n_____-
20,594,899 -
1,753,958 952,000
8,166,879 3,733.726
-------- ------------
17,999,384 4.333,417
20,594,899 ~___20'594'899 ~-------------jQ)
617,754 1,569,754 184,204
---- ------- ------- -----
3,014,481 6,748,207 1,418,672
--7~116,982 ---11-,450,399 - - 6,548,985
-
5,125,820
4.122,427
374,563
3,651,103
526,520
3,588,215
----------------
723,665
59,002
424,361
-------~II---- ?-,994~~
- 1,151,969
21,000
429.750
-
72,325
990,729 74,952
- ------~-------~---
1,586.229 561,692
177.603 85,459
1,174.007 261,439
419,335 (1,600)
$66,696,900
$37,457,899
$4,122,806
k:\fin\biennial\ordinanc\2005 Carryforward.xls ordinance 05 2/18/2005 7:45 AM
-
itf~7 filII Þ.711
3,510,724
723,665
965,729
----
1,471,510
183,870
904,573
366,063
-
-
-
---
------
n- --
(254,444~1--~,256,_2_- 8Q-~1 __?38,25~
417,304 - 1,140,969 11,000
---------- ------ - --
$35,650,135
$104,736,969 II $
250,000
---
1-
21,0~1== 986,729 4,139,091
-~::::;il~~~¡ ~ - ~;i~;~¡
$69,086,834
22,423,902
Fund
~eneral Fund
SP-:cial Revenue Funds:
Street
r Arte¡rial Str~~_-
Utility Tax ___n_n- - __n
Solid Waste/Recycling
--- § pe ciélT-é;~ n tractTstudies-==1 ~-- -
Hotl3~Motel Lodging Tax u-
2% for the Arts
Grants - CDBG
Paths and Trails
-
Debt Service Fund
<:.apital Project Funds:
City Facilities
Parks
f--SWM-
Streets
---
Enterprise Fund:
Surface Water Management
- --
--Qurnas _Bay .center
Internal Service Funds:
Risk Managemerlt
- -- Inform<3!ion Systems
Support Services
F~l3et & Equipment
Buildings & Furnishings
Grand Total All Funds
Adopted
Begin Balance
---11-...-
$
669,429 $
EXHIBIT B
2006 REVISED BUDGET
Revenues & Other Sources
Adopted Change in Revenue
Revenue Fund Balance Adjustment
-
31,330,354 $
-
3,808,260
1,502,519
7,639,498
303,217
99,999
n_n_n
746,259
-___un~nn
50,100
5,289
---
-------- -------
-___~'_n__-
8,928
-
150,000
3,136,701
__n-
- 169,464
---~
945,701
n-
1,829,042
-
424,805
3,943
------------
-
-
747,398
3,441
__n_____-
-- - -
5,965,861
---
-
779,000
779,291
17,209,625
--.
3,618,549
735,118
____un_~'
-- --
1,058,045
1,552,437
~,,-
177,603
1,176,330
427,927
4,064,139
--.
1,659,475
---_n--
105,234
2,412,766
162,057
---
$
16,493,331 $
78,964,473
2005 Carryforward. xis ordinance 06 2/18/2005 7:45 AM
-.-
(299,999) $
-
1
0
141,318
30,885
(5,28~
0
-
-.-
0
6,063
(212,137)
-
(0)
14,740
472,971
4,719,943
313,446
7,057
----
74,952
463,472
85,459
119,287
(1,600)
$5,930,570
341,17411$
-
5,618
(89,000)
{!~,195)
2,927,025
.n
389,000
1,000
15,000
11,200
$3,525,822
Revised
Budget
32,040,958 II $
-
3,908,260
1,502,519
8,527,075
384,202
0
150,000
-
-
-
-
-
-
-
747,398
24,050
-
8,890,425
-
_(Q)I
874,204
---
2,122,768
26,685,635
.n--.
-
4,356,800
1,135,118
-
5,198,136
3,690,384
368,296
3,719,583
588,384
-
$104,914,197
Expenditures & Other Uses
Adopted Expenditure Revised
Budget Adjustment Budget
31,689,784 $
3,808,259
1,502,519
7,416,360
349,313
150,000
341,17411$
-
-
.______n_n_____'
___un'
-
747,398
5,278,856
794,000
1,559,485
.--
18,532,417
3,693,744
735,118
.m
1,033,045
1,467,261
.--------- -- -
171,870
948,896
374,655
$80,252,980
-
____nun --
-
Fund Balance
Reserved!
Unreserved
32,030,9~l!- 10,000
___n-
-
3,808,259
---.---...---- ..
1,502,519
7,416,360
-
~4~ ,3.!~1I-
150,000
(20,000)11 - 5,258,85~.. -
-
10,730
4,084,886
--'1-
-~----_4~~~~ò)lt
-
-
-
-
-
-
100,000
0
1,110,715
34,889
0
0
-- .
-
- -. n_- _u- -- 0
747~39~~===_--. -2-4-,OSI
-
3,631,569
-
- ~ - _(0)
804,730 69,474
~- ------.-- .
1,559,485 563,283
22,617,39_~_==':::'¡:.()~8,332
-
Hlt~~I1- ---~~?~~
--- 1;:~~~. r.---.-.---..- J:~;:.-:~;~
- 171,870
24,875 973,771
- 374,655
$4,784,970
$85,037,950 II $
4,164,091
--- -.
2,205,623
196,426
------
2,745,812
213,729
19,876,245
MEETING DATE:
March 15,2005
ITEM# J1[ ( Q
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Proposed Olympic Pipe Line Company Franchise
CATEGORY:
BUDGET IMPACT:
D
D
D
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
r8J ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$0.00
$
$
ATTACHMENTS: Memorandum dated February 22,2005 to the Finance, Economic Development and Regional Affairs
Committee, Proposed Franchise
SUMMARY /BACKGROUND:
The basic tenus of the proposed franchise are as follows:
1. Equipment. The franchise would pennit Olympic to operate existing pipeline facilities comprised of pipeline
system, lines, valves, mains, and appurtenances used to transport or distribute Olympic's petroleum product.
2. Consideration. Olympic will pay the City's administrative costs and expenses in preparing and approving the
franchise and any pennits. Olympic will pay an annual fee of $7,500 for the first 3 years, then an increased amount
detennined by the Consumer Price Index for the Seattle-Everett Metropolitan Area for the remaining years of the tenn.
Olympic will also relocate its facilities at the City's request, at Olympic's cost, and repair any damages it causes to the
right-of-way, also at its own cost.
3. Insurance. Olympic will maintain insurance of $1 00 Million combined single limit for commercial general
liability, $2 Million for automobile insurance, $2 Million workers' compensation, and $50 Million for environmental
pollution liability.
4. Tenn. The tenn of the proposed franchise is 10 years, consistent with franchises the City has granted to
AT&T (now Comcast), for cable; Puget Sound Energy; Tacoma Public Utilities; Weyerhaeuser, Sprint, Metromedia and
Williams (for fiber optic cable); AT&T Wireless Services and VoiceStream (for wireless facilities).
5. Bond. The proposed franchise requires Olympic to post a bond in the amount of $100,000 for the tenn of the
Franchise and any additional bonds that may be warranted by project-specific activities within the right-of-way,
CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the proposed Franchise.
PROPOSED MOTION: "I move the proposed Franchise to second reading and approval at the next regular meeting on
April 5,2005"
CITY MANAGER APPROVAL:
1W\
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
D DENIED
0 TABLED/DEFERRED/NO ACTION
D MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1ST d"
rea lllg
Enactment reading
ORDINANCE #
RESOLUTION #
3~~5
K:\AGNDITEM\2005\Olympic Franchise
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
February 22,2005
VIA:
Finance, Economic Development and Regional Affairs Committee
David H. MO~Manager
Karen Kirkpatrick, Deputy City Attomey~\Y
TO:
FROM:
SUBJECT:
Proposed Olympic Pipe Line Company Franchise
Policy Issue
Should the City grant Olympic Pipe Line Company (Olympic) a Franchise to construct,
operate, maintain, remove, replace, and repair existing pipeline facilities for the
transportation of petroleum products within and through certain rights-of-way, and streets
within the City of Federal Way?
Background
The basic tenns ofthe proposed franchise are as follows:
1. Equipment. The franchise would pennit Olympic to operate existing pipeline
facilities comprised of pipeline system, lines, valves, mains, and appurtenances used to
transport or distribute Olympic's petroleum product.
2. Consideration. Olympic will pay the City's administrative costs and expenses in
preparing and approving the franchise and any pennits. Olympic will pay an annual fee of
$7,500 for the first 3 years, then an increased amount detennined by the Consumer Price
Index for the Seattle-Everett Metropolitan Area for the remaining years ofthe tenn. Olympic
will also relocate its facilities at the City's request, at Olympic's cost, and repair any damages
it causes to the right-of-way, also at its own cost.
3. Insurance. Olympic will maintain insurance of $100 Million combined single
limit for commercial general liability, $2 Million for automobile insurance, $2 Million
workers' compensation, and $50 Million for environmental pollution liability.
4. Term. The tenn of the proposed franchise is 10 years, consistent with franchises
the City has granted to AT&T (now Comcast), for cable; Puget Sound Energy; Tacoma
Public Utilities; Weyerhaeuser, Sprint, Metromedia and Williams (for fiber optic cable);
AT &T Wireless Services and VoiceStream (for wireless facilities).
[I
5. Bond. The proposed franchise requires Olympic to post a bond in the amount of
$100,000 for the tenn of the Franchise and any additional bonds that may be warranted by
project-specific activities within the right-of-way.
Options
1. Recommend approval of the Ordinance and forward to the full council for first
reading at the March 15,2005 meeting.
2, Recommend rejection ofthe Ordinance,
3. Recommend modification of the Ordinance and forward to the full council for first
reading at the March 15,2005 meeting.
Staff Recommendation
Approve the Ordinance and forward to the full council for first reading at the March 15,2005
meeting. (Option 1)
Committee Recommendation
Forward option - to the full City Council for placement on the March 15, 2005 City
Council Agenda for first reading with a "do pass" recommendation.
c¡;H~
C mmittee Member
C
APPROV AL OF COMMITTEE ACTION:
Committee Chair
K:\agnditem\fedrac\Olympic ordinance
E¿,
ORDINANCE NO.
AN ORDINANCE GRANTING OL YMPIC PIPE LINE
COMPANY, AN INTERSTATE PIPELINE CORPORATION
INCORPORATED IN THE STATE OF DELAWARE, ITS
SUCCESSORS AND ASSIGNS THE NONEXCLUSIVE
RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO
CONSTRUCT, OPERATE, MAINT AIN, REMOVE,
REPLACE, AND REPAIR EXISTING PIPELINE
FACILITIES, TOGETHER WITH EQUIPMENT AND
APPURTENANCES THERETO, FOR THE
TRANSPORTATION OF PETROLEUM PRODUCTS
WITHIN AND THROUGH CERTAIN RIGHTS OF WAY,
AND STREETS WITHIN THE CITY OF FEDERAL WAY.
WHEREAS, Olympic Pipe Line Company (hereinafter "Franchisee") has applied for a
nonexclusive fTanchise to operate and maintain an existing petroleum pipeline through certain
public rights of way within the City of Federal Way (hereinafter the "City"); and
WHEREAS, the City Council of Federal Way finds that it is in the public interest to
specify the rights and duties of Olympic Pipe Line Company through a franchise; and
WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive
franchises for the use of public streets, bridges, public ways, structures or places above or
below the surface of the ground for, inter alia, conduits, tunnels, pipes for transmission and
distribution of gas, steam and liquid fuels; and
WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way
reserves such other powers and authorities granted to Washington code cities by general law;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
x E3
Section 1.
Definitions. For the purposes of this Franchise and all exhibits attached
hereto, the following terms, phrases, words and their derivations shall have the meaning given
herein. When not inconsistent with the context, words used in the present tense include the
future, words in the plural include the singular, and words in the singular include the plural.
Words not defined shall be given their common and ordinary meaning.
1.1
Construct or Construction shall mean removing, replacing, and repamng
existing pipeline(s) and/or Facilities and may include, but is not limited to, digging and/or
excavating for the purposes of removing, replacing, and repairing existing pipeline(s) and/or
Facilities.
1.2
Director shall mean the Public Works Director, or designee, of the City of
Federal Way.
1.3
Effective Date shall mean the date designated herein, after passage, ~pproval
and legal publication of this Ordinance and acceptance by Franchisee, upon which the rights,
duties and obligations shall come in effect and the date from which the time requirement for
any notice, extension and/or renewal will be measured.
1.4
Facilities shall mean the Franchisee's pipeline system, lines, valves, mains, and
appurtenances used to transport or distribute Franchisee's petroleum product(s) existing as of
the date of this agreement or as those components may be modified or improved consistent
with the terms of this agreement.
1.5
Franchise shall mean this Franchise and any amendments, exhibits, or
appendices to this Franchise.
1.6
Franchise Area shall mean the area within the jurisdictional boundaries of the
City of Federal Way, including any areas annexed by the City (but excluding properties upon
2
f::11
which Franchisee holds a private easement, license or other private property interest for its
facilities) during the tenn of this Franchise in which case the annexed area shall become
subject to the tenns of this Franchise.
1.7
FWCC shall mean the Federal Way City Code,
1.8
Hazardous Substance shall specifically include, but shall not be limited to,
petroleum and petroleum products and their by-products, residue, and remainder in whatever
fonn or state.
1.9
Maintenance or Maintain shall mean examining, testing, inspecting, repairing,
maintaining and replacing the existing pipeline(s) and/or Facilities or any part thereof as
required and necessary for safe operation.
1.10
Improvements shall mean modifications to, but not a change in the nature of,
the existing pipeline(s) or Facilities.
1.11 Pipeline Corridor shall mean the pipeline pathway through the Franchise Area in
which the pipeline(s) and or Facilities of the Franchisee are located, including any Rights-of-
Way, and/or easement over and through public or private property.
1.12
Operate or Operations shall mean the use of Franchisee's pipeline(s) and/or
Facilities for the transportation, distribution and handling of petroleum products or byproducts
within and through the Franchise Area,
1.13
Rights-of-Way means the surface and the space above and below streets,
roadways, highways, avenues, courts, lanes, alleys, sidewalks, and rights-of-way located
within the City.
Section 2.
Purpose. The City grants this nonexclusive Franchise to Franchisee to
operate and maintain its existing Facilities as a liquid petroleum product delivery system for
3
e-s
Franchisee's business. This Franchise is conditioned upon the terms and conditions contained
herein and Franchisee's compliance with any applicable federal, state or local regulatory
programs that currently exist or may hereafter be enacted by any federal, state or local
regulatory agencies with jurisdiction over the Franchisee. The purpose of this Franchise is to
delineate the conditions relating to Franchisee's use of the public's rights of way and streets
and to create a foundation for the parties to work cooperatively in the public's best interests
after this ordinance becomes effective. By granting this Franchise, the City is not assuming
any risks or liabilities therefrom, which shall be solely and separately borne by Franchisee.
Section 3.
Right Conveyed.
3.1
Pursuant to the laws of the State of Washington, City hereby grants, under the
tenns and conditions contained herein, to Franchisee, a corporation organized and existing
under and by virtue of the laws of the State of Delaware, and which is authorized to transact
business within the State of Washington, its successors and assigns (subj ect to and as provided
for in Section 5), the right, privilege, authority and franchise to Construct, Operate, and
Maintain and Improve its Facilities, together with all equipment and appurtenances as may be
necessary thereto, for the transportation and handling of any petroleum product or other
hydrocarbons, within the existing Pipeline Corridor passing through the Franchise Area, such
lands being more particularly described in Schedule I, which is attached hereto and expressly
incorporated herein by this reference (the "Franchised Area").
3.2
This Franchise does not and shall not convey any right to Franchisee to install
its Facilities on, under, over, across, or to otherwise use City owned or leased properties of any
kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use
any City owned or leased property within the Franchise Area other than public roads, streets,
4
[U
avenues, alleys and highways. This Franchise is only intended to convey a limited right and
interest as to those rights of way in which the City has an actual interest. It is not a warranty of
title or interest in City's road rights of way. None of the rights granted herein shall affect the
City's jurisdiction over its property, streets or rights of way.
3.3
The limited rights and privileges granted under this Franchise shall not convey
any right to Franchisee to install any new pipeline(s) and/or Facilities without the express
written consent of the City.
Section 4,
Term.
4.1
Each of the provIsIOns of this Franchise shall become effective upon
Franchisee's acceptance of the terms and conditions of this Franchise (the "Effective Date")
and shall remain in effect for ten (10) years thereafter. At any time not more than three (3)
years nor less than one-hundred-eighty (180) days before the expiration of the Franchise term
either party may request a renewal of the Franchise for an additional ten (10) year renewal
period.
4.2
If the parties fail to formally renew the Franchise prior to the expiration of its
term or any extension thereof, the Franchise may be extended on a year-to-year basis (or such
term as the parties may mutually agree) until a renewed Franchise is executed.
Section 5.
Assignment and Transfer of Franchise.
5.1
This Franchise shall not be sold, assigned, transferred, leased or disposed of,
either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest
or property therein pass to or vest in any person or entity, without the prior written consent of
the City, which consent shall not be unreasonably withheld.
5 ('"7
5.2
If such consent is given by the City then the Franchisee shall, within thirty (30)
days, file with the City Clerk a written instrument evidencing such sale, assignment or transfer,
whereby the assignee(s) or transferee(s) shall agree to accept and be bound by all of the
provisions of this Franchise.
Section 6.
Compliance with Laws and Standards. Franchisee shall, in carrying out
any authorized activities under the privileges granted herein, comply with all valid and
applicable local, state and federal laws, including, but not limited to, Title 49 Code of Federal
Regulations, Part 195 - Transportation of Hazardous Liquids, and any laws or regulations that
may be subsequently enacted by any governmental entity with jurisdiction over Franchisee
and/or the Facilities
Section 7.
Location of Facilities.
7.1
Location. Except as expressly pennitted by the City, the Facilities pennitted by
this Franchise shall be installed underground.
The location of the Facilities and their
approximate depths below surface of ground or grade of a right-of-way shall be depicted on a
map and in the case of new construction, submitted to the City within sixty (60) days of the
installation of the Facilities. Upon written request of the City, Franchisee shall update such
map to reflect actual or anticipated improvements to the system. Any such map (or update
thereof) so submitted shall be for infonnational purposes only and shall not obligate Franchisee
to undertake any specific improvements, nor shall such map be construed as a proposal to
undertake any specific improvements. It is further understood that the location of the Facilities
should be verified by excavation if exact alignment is required.
7.2
GIS Data.
At such time as Franchisee develops or employs Geographic
Information System ("GIS") technology, Franchisee shall submit the infonnation required in
6
f:B
Subsection 7.1 above, to the extent it is available, in digital GIS format, showing the location
of its Facilities within the Franchise Area.
7.3
Design Markings.
In the event the City desires to design new streets or
intersections, renovate existing streets, or make any other public improvements, Franchisee
shall at the City's request, provide the horizontal and vertical location of Franchisee's
underground Facilities within the Franchise Area by either field markings or by locating the
Facilities on the City's design drawings, and shall provide all other reasonable cooperation and
assistance to the City with respect to locating and marking the location of its Facilities.
Section 8.
Noninterference of Facilities. Franchisee
agrees
to
maintain
its
Facilities and perform any and all activities authorized by this Franchise: (1) so as, whenever
practicable, not to unreasonably interfere with the free passage of traffic; (2) in accordance
with the laws of the State of Washington and FWCC requirements, Franchise provisions,
regulations, resolutions and rules, as now existing or as hereafter amended, and (3) as
reasonably required by the Director, so long as any requirements under this section do not
conflict with federal rules or regulations that have been determined to preempt local or state
laws. This requirement applies whether or not the work is performed by the Franchisee, its
agents, employees, subcontractors, <?r other third parties at Franchisee's direction.
Section 9.
Requirement to Obtain Permits,
9.1
Permits and Permit Applications.
Except in the event of an emergency,
Franchisee shall provide City at least ten (10) business days written notice prior to any work
including, but not limited to, Construction or Maintenance by Franchisee, its agents, employees
or contractors on Franchisee's Facilities in the Franchise Area. Franchisee shall, at its expense,
obtain all permits, (including rights-of-way permits), and pay all reasonable and customary
7
Ei
permit fees required by applicable City ordinances, regulations, resolutions and rules prior to
commencing any work within the Franchise Area. Franchisee's permit applications shall show
the position and location of the proposed Facilities to be Constructed or Maintained at that
time, show their relative position to existing rights-of-way or property lines upon prints drawn
to scale, designate rights-of-way by their names and improvements, such as, but not limited to,
sidewalks, curbs, gutters, shoulders of roadway, ditches, paved roadways, roadways to
property lines, turnouts, parking strips, telephone or electric distribution poles, and water pipes
existing on the ground to be occupied, or as required by the Director. The Franchisee shall
specify the class and type of materials to be used, equipment to be used, and mode of
safeguarding and facilitating the public traffic during construction. Materials and equipment
shall meet or exceed applicable federal, state or city standards. The manner of excavation,
construction, installation, backfill, and temporary structures such as, but not limited to, traffic
turnouts and road obstructions shall meet the standards of the FWCC and be satisfactory to the
Director. All traffic control shall be in accordance with the right-of-way permit, and shall be
in accordance with the Manual on Uniform Traffic Control Devices (MUTCD).
The
Franchisee shall indicate on any permit application its estimate of the time needed to complete
the work. The estimated time needed to complete the work is subject to approval by the City
as a condition of the issuance of the permit or approval. Actual time needed to complete the
work may vary from the estimated time as field conditions dictate.
9.2
Emergency Exception to Permit Requirement. In the event of an emergency in
which Franchisee's Facilities within the Franchise Area are in a condition as to immediately
endanger the property, life, health or safety of any individual, Franchisee may take action
immediately to correct the dangerous condition without first obtaining any required permit so
8
E70
long as: (I) Franchisee infonns the City of the nature and extent of the emergency, and the
work to be perfonned, prior to commencing the work if such notification is practical; where
prior notification is not practical, Franchisee shall notify City on the next business day; and (2)
such pennit is obtained by Franchisee as soon as practicable following cessation of the
emergency.
9.3
In the event an immediate repair is necessary, the City will endeavor to expedite
pennit review and to process any associated pennit requests within 3 business days, if at all
possible.
Section 10.
Standard of Perfonnance.
10.1
The Franchisee shall not excavate for a distance of more than one hundred feet
(100') without immediately backfilling and compacting to surface grade and city standards
unless otherwise approved by the Director. Backfilled trench areas within a driving lane must
be either temporarily patched or plated, or pennanently patched, before the end of the workday
in which they have been opened. Trench areas within the right-of-way, but not within a
driving lane, must also be patched within the time limits specified by the City on the right-of-
way use pennit. Final surface restoration shall be completed within thirty (30) days and shall
be equal to or better than the surface condition prior to pennit issuance.
10.2
Any asphalt overlay completed within the Franchise Area during the five (5)
year period immediately prior to the date of pennit application shall not be open cut by
Franchisee unless required by an emergency. Franchisee shall install new asphalt overlay on
any such street that is open cut, whether in an emergency or otherwise, for a minimum of one
(1) block (approximately 500 feet) in length in both directions from the open cut, or pay a
mitigation fee as reasonably detennined by the Director.
9 t:1!
10.3
Within ninety (90) days of completion of any new or relocated installation of
Franchisee's Facilities within the Franchise Area, Franchisee shall submit to the Director plans,
stamped by a Professional Engineer or Land Surveyor licensed by the State of Washington
showing the "as-built" location of the Facilities.
Section 11.
Survev Markers and Monuments.
Franchisee shall, USIng a licensed
surveyor, immediately replace all survey markers or monuments disturbed during any work by
Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost,
destroyed or disturbed monuments or markers.
Section 12.
Surface Markings/Stakes.
Prior to Franchisee commencIng any
excavation work within the Franchise Area, Franchisee shall reference all monuments and
markers relating to subdivisions, plats, highways, and other surveys, if any, that may be
disturbed by the excavation work. The reference points shall be located so that they shall not
be disturbed during the Franchisee's work under this Franchise. The method of referencing
these monuments or other points shall be approved by the City before placement.
The
replacement of such monuments and markers shall be made as expeditiously as conditions
pennit, and as directed by the City. The cost of monuments or other markers lost, destroyed,
or disturbed, and the expense of replacement of the monuments, shall be borne solely by the
Franchisee, A complete set of reference notes for monuments and other ties shall be filed with
the City.
In the event of any conflict or inconsistency between this Section and Chapter
19.122 RCW, as now existing or hereafter amended, Chapter 19.122 RCW shall control.
Section 13,
Right of City to Complete Work.
In the event Franchisee fails to
comply with any applicable federal, state, or City laws, ordinances, rules, regulations or
standards or with any of the tenns and conditions of this Franchise with regard to work
10 ["12-
including, but not limited to, Construction or Maintenance within the Franchise Area, and such
noncompliance continues for a period of thirty (30) days after Franchisee receives written
notice from the City regarding the noncompliance, the City may, but in no event is the City
obligated to, order any work completed, including without limitation Franchisee's obligation to
repair, remove or relocate Facilities pursuant to this Franchise or FWCc. If the City causes
such work to be done by its own employees or by any person or entity other than Franchisee,
Franchisee shall, upon the City's written request, immediately reimburse the City for all
reasonable costs and expenses incurred by the City in having such work performed, which
costs may include the City's reasonable overhead expenses and attorneys fees. However, the
City shall not have any pipeline repair or maintenance work accomplished by any person or
entity other than Franchisee or another entity approved by the Federal Office of Pipeline
Safety.
Section 14.
Required Relocation of Facilities.
14.1
In the event that City undertakes or approves the construction of, or changes to
the grade or location of, any water, sewer or storm drainage line, street, sidewalk or any other
public improvement project (an "Improvement Project"), and the City determines that the
Improvement Project reasonably requires changes to or the relocation of Franchisee's
Facilities, then Franchisee shall make such changes or relocations as required herein at
Franchisee's sole cost, expense and risk.
14.2
The City shall provide Franchisee reasonable written notice of any
Improvement Project that requires changes to or the relocation of Franchisee's Facilities. City
will endeavor, where practical, to provide the Franchisee at least one year's prior written
notice, or such additional time as may be reasonably required, of such Improvement Project.
11 ElJ
However, nothing in this Section shall be construed as to relieve Franchisee of its duty and
obligation to relocate its Facilities for any Improvement Project undertaken by City in the
interest of public health, safety, welfare, necessity or convenience, as adjudged in the sole
discretion of the City.
14.3
City shall further provide Franchisee with copies of pertinent portions of the
final plans and specifications for such Improvement Project so that Franchisee may make
required changes to or relocate its facilities to accommodate such Improvement Project.
14.4
Franchisee may, after receipt of written notice requiring changes to or relocation
of its Facilities under Section 14.2, submit to the City written alternatives to such relocation.
City shall evaluate such alternatives and advise Franchisee in writing if one or more of the
alternatives are suitable to accommodate the Improvement Project that would otherwise
necessitate changes to or relocation of the Facilities. If so requested by the City, Franchisee
shall submit additional infonnation to assist the City in making such evaluation including
actual field verification of the location(s) of Franchisee's underground Facilities within the
Improvement Project area by excavating (e.g., pot holing), at no expense to the City. The City
shall give each alternative proposed by Franchisee full and fair consideration but retains sole
discretion to decide whether to utilize its original plan or an alternative proposed by
Franchisee.
In the event City ultimately detennines that there is no other reasonable
alternative, Franchisee may invoke the Dispute Resolution clause contained in Section 21 of
this agreement provided that the Dispute Resolution process may not unreasonably delay the
Improvement Project.
14.5
If any portion of Franchisee's Facilities that has been required by City to be
relocated under the provisions of this section is subsequently required to be relocated again
12 e;4
within five (5) years of the original relocation, City will bear the entire cost of the subsequent
relocation.
14.6
Franchisee shall not be required to remove an abandoned Facility or relocate its
existing operational Facilities at its expense for the benefit of private developers or other third
party projects. Further, Franchisee shall be reimbursed for any of its costs incurred to relocate
or remove its Facilities that are covered by state or federal funding if applicable. However, in
the event the City reasonably determines and notifies the Franchisee that the primary purpose
for requiring such changes to or relocation of Franchisee's Facilities by a third party is to cause
or facilitate the construction of an Improvement Project to be owned by the City consistent
with the City's Capital Investment Plan; Transportation Improvement Program; or the Surface
Water Facilities Plan, or other similar plan, then the Franchisee shall change or otherwise
relocate its Facilities in accordance with Section 14.1 at Franchisee's sole cost, expense and
risk.
14.7
City shall work cooperatively with Franchisee in determining a viable and
practical route within which Franchisee may relocate its facilities under Section 14.1, in order
to minimize costs while reasonably meeting City's project timelines and objectives. City's
requirements with regard to the required changes or relocation (i.e. depth of cover, distance
from other utilities, etc.) must be reasonable and not more stringent than applicable federal and
state requirements however, nothing in this section shall be construed to limit City's police
power, land use authority, franchise authority or the City's authority to regulate the time, place
and manner of Franchisee's use of the public Rights-of-Way.
14.8
Upon receipt of City's reasonable notice, plans and specifications per Section
14.1, Franchisee shall take reasonable measures to complete relocation of such Facilities so as
13
e1S.
to accommodate the Improvement Project at least ten (10) calendar days prior to
commencement of the Improvement Project or such other time as the parties may agree in
writing.
14.9
City shall take reasonable steps, to cooperate with Franchisee on any effort by
Franchisee to apply for and obtain any local, state or federal funds that may be available for the
relocation of Franchisee's Facilities provided however that the Franchisee's application for any
such funds may not unreasonably delay the City Improvement Project. To the extent such
funds are made available, the funds shall be applied towards the Franchisee's costs incurred to
relocate Franchisee's Facilities.
Section 15.
Damage Repair. In case of damage caused by the Franchisee, its agents
or employees or by the Facilities of the Franchisee to rights-of-way, or to improvements within
rights-of-way, the Franchisee agrees to repair the damage at its own cost and expense. The
Franchisee shall, upon discovery of any such damage, immediately notify the City. The City
will inspect the damage, and set a time limit for completion of the repair. If the City discovers
damage caused by the Franchisee to rights-of-way, or to public and private improvements, the
City shall give the Franchisee notice of the damage and set time limits in which the Franchisee
must repair the damage. In the event the Franchisee does not repair a right-of-way or an
improvement as required in this section, the City may repair the damage pursuant to Section 13
of this Franchise.
Section 16.
Abandonment or Removal of Facilities.
16.1
In the event of abandonment or Franchisee's permanent cessation of use of its
Facilities, or any portion thereof within the Franchised Area, the Franchisee shall, within one
hundred and eighty days (180) after the abandonment or pennanent cessation of use, remove
14
Ð\v
the Facilities at Franchisee's sole cost and expense unless approved by the City pursuant to
Section 16.2.
16.2
With the express written consent of the City, said consent not to be
unreasonably withheld, the Franchisee may secure the Facilities in such a manner as to cause it
to be as safe as is reasonably possible, by removing al1 liquid hydrocarbons, purging vapors,
displacing the contents of the line with an appropriate inert material and sealing the pipe ends
with a suitable end closure, all in compliance with valid and applicable regulations and
abandon them in place, provided, that portions of the Facilities which are above ground shall
be removed at Franchisee's sole cost and expense.
16.3
In the event of the removal of all or a portion of the Facilities, Franchisee shall
restore the Franchise Area as nearly as possible to a condition that existed prior to installation
of Franchisee's facilities. Such property restoration work shall be done at Franchisee's sole
cost and expense and to City's reasonable satisfaction. If Franchisee fails to remove or secure
the Facilities and fails to restore the Franchise Area or take such other mutual1y agreed upon
action, City may, after reasonable notice to Franchisee, remove the Facilities, restore the
Franchise Area or take such other action as is reasonably necessary at Franchisee's expense
and City shall not be liable therefore. This remedy shall not be deemed to be exclusive and
shall not prevent the City from seeking a judicial order directing that the Facilities be removed.
16.4
City shall not charge Franchisee franchise fees for pipelines or pipeline
segments abandoned or removed in compliance with this Section. However, City's consent to
the abandonment of Facilities in place shall not relieve the Franchisee of the obligation and/or
costs to remove or to alter such Facilities in the future in the event it is reasonably determined
that removal or alteration is necessary or advisable for the health and safety of the public, in
15
Eì1
which case the Franchisee shall perform such work at no cost to the City subject to the
provisions of Section 14.6 herein.
16.5
The parties expressly agree that the provision of this Section 16 shall survive the
expiration, revocation or termination of this Franchise.
Section 17.
Operations, Maintenance, Inspection and Testing.
17.1
Franchisee shall operate, maintain, inspect and test its Facilities in full
compliance with the applicable provisions of Title 49, Code of Federal Regulations, Part 195,
as now enacted or hereafter amended, and any other current or future laws or regulations,
including but not limited to WAC 480-75-420, that are applicable to Franchisee's Facilities,
enacted by any governmental entity with jurisdiction over Franchisee or Franchisee's
Facilities.
17,2
Grantor shall use reasonable efforts to require all excavators working within the
Franchise Area within one hundred (100) feet of Franchisee's Facilities to notify Franchisee at
least 48 hours prior to the start of any work and to ensure compliance with the requirements of
the State of Washington one number locator service law (RCW 19.122).
If Franchisee
becomes aware that a third party conducts any excavation or other significant work that may
affect the Facilities, Franchisee shall conduct such inspections and/or testing as is necessary to
determine that no direct or indirect damage was done to the Facilities and that the work did not
abnormally load the Franchisee's Facilities or impair the effectiveness of Franchisee's cathodic
protection system.
Section 18.
Encroachment Management.
Franchisee and City shall comply with
applicable and valid federal, state and local requirements regarding encroachment management
16 E7?J
and damage prevention, including RCW 19.122 (one-call system) and provisions of Title 49
CFR, Part 195 as now enacted or hereafter amended.
Section 19.
Leaks, Spills, and Emergency Response.
19.1
Franchisee warrants that it wiIl maintain an Emergency Response Plan that is in
compliance with the applicable requirements of local, state and federal agencies with
jurisdiction.
19.2
Franchisee shall provide advance notice to City of the opportunity to participate
in biennial meetings (or more frequently if required by applicable state or federal regulations)
at the local county level to review Emergency Response procedures and familiarize City with
same. At a minimum, such meetings wiIl be as required by applicable regulations.
19.3
Franchisee shaIl cooperate with City and respond to protect public health and
safety in the event of a pipeline emergency. Franchisee warrants that it wiIl at all times have
on hand, on the County level, sufficient emergency response equipment and materials as
required by applicable laws and regulations.
Section 20.
Violations, Remedies and Tennination.
20.1
Franchisee shall be in compliance with the tenns of this Franchise at all times.
The City reserves the right to apply any of the foIlowing remedies, alone or in combination, in
the event Franchisee violates any material provision of this Franchise. The remedies provided
for in this Franchise are cumulative and not exclusive; the exercise of one remedy shall not
prevent the exercise of another, or any rights of the City at law or equity.
20.2
City may tenninate this Franchise if Franchisee materiaIly breaches or
otherwise fails to perfonn, comply with or otherwise observe any of the tenns of this
Franchise, and fails to cure or make reasonable effort to cure such breach within thirty (30)
17 êlj
calendar days of receipt of written notice thereof, or, if not reasonably curable within thirty
(30) calendar days, within such other reasonable period of time as the parties may agree upon.
20.3
Either party may invoke the Dispute Resolution clause contained in this
Franchise as it deems necessary with regard to termination.
20.5
In the event of termination of this Franchise by City, Franchisee may continue
to operate the Facilities through the Franchise Area until all avenues of dispute resolution are
exhausted.
20.6
If Franchisee's right to operate its Facilities within the Franchise Area is
ultimately terminated, Franchisee shall comply with any and all directives of applicable federal
and state agencies with jurisdiction, and the terms of this Franchise, regarding removal and/or
abandonment of the Facilities.
Section 21.
Dispute Resolution.
21.1
In the event of a dispute between City and Franchisee arising by reason of this
Franchise, or any obligation hereunder, the dispute shall first be referred to the operational
officers or representatives designated by City and Franchisee to have oversight over the
administration of this Franchise. Said officers or representatives shall meet within thirty (30)
calendar days of either party's request for said meeting, whichever request is first, and the
parties shall make a good faith effort to attempt to achieve a resolution of the dispute.
21.2
In the event that the parties are unable to resolve the dispute under the
procedure set forth in Section 21.1, then the parties hereby agree that the matter shall be
referred to mediation. The parties shall mutually agree upon a mediator to assist them in
resolving their differences. Any expenses incidental to mediation shall be borne equally by the
parties.
18 Ë2--1>
21.3
If either party is dissatisfied with the outcome of the mediation, that party may
then pursue any available judicial remedies, provided, that if the party seeking judicial redress
does not substantially prevail in the judicial action, it shall pay the other party's reasonable
legal fees and costs incurred in the judicial action.
21.4
Subject to state and federal regulation, Franchisee shall be permitted to
continuously operate its Facilities during dispute resolution.
Section 22.
Indemnification.
22.1
General Indemnification. Except for environmental matters, which are covered
by a separate indemnification in Section 22.2 below, Franchisee shall indemnify, defend and
hold harmless City from any and all liability, loss, damage, cost, expense, and claim
whatsoever, arising on or after the date of this agreement, whether at law or in equity, arising
out of or related to, directly or indirectly, the construction, operation, use, location, testing,
repair, maintenance, removal, abandonment or damage to Franchisee's Facilities, or from the
existence of Franchisee's pipeline and other appurtenant facilities, and of the products
contained in, transferred through, released or escaped from said pipeline and appurtenant
facilities, from any and all causes whatsoever, except City's sole negligence. If any action or
proceeding is brought against City by reason of the pipeline or its appurtenant facilities,
Franchisee shall defend the City at the Franchisee's complete expense, provided that for
uninsured actions or proceedings, defense attorneys shall be approved by City, which approval
shall not be unreasonably withheld. City's approval of defense attorneys shall not be required
in the case of insured actions or proceedings
22.2
Environmental Indemnification. Franchisee shall indemnify, defend and save
City harmless from and against any and all liability, loss, damage, expense, actions and claims
19
~LI
(unless such liability, loss, damage, expense, actions and claims result from City's
noncompliance with Section 18 above), arising on or after the date of this agreement, either at
law or in equity, including, but not limited to, costs and reasonable attorneys' and experts' fees
incurred by City in defense thereof, arising from (a) Franchisee's violation of any
environmental laws applicable to the Facilities or (b) from any release of a hazardous
substance on or from the Facilities. This indemnity includes but is not limited to (a) liability
for a governmental agency's costs of removal or remedial action for hazardous substances;
(b) damages to natural resources caused by hazardous substances, including the reasonable
costs of assessing such damages; (c) liability for any other person's costs of responding to
hazardous substances; (d) liability for any costs of investigation, abatement, correction,
cleanup, fines, penalties, or other damages arising under any environmental laws; and (e)
liability for personal injury, property damage, or economic loss arising under any statutory or
common-law theory.
22.3
Definitions.
22.3.1 "Hazardous Substance" means any hazardous, toxic, or dangerous
substance, material, waste, pollutant, or contaminant, including all substances designated under
the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et ~.; the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq.; the
Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; the Federal Water Pollution
Control Act, 33 U.S.c. § 1257 et seq,; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic
Substances Control Act, 15 U.S,c. § 2601 et seq.; the Federal Insecticide, Fungicide,
Rodenticide Act, 7 U.S,C, § 136 et seq,; the Washington Hazardous Waste management Act,
Chapter 70.105 RCW; and the Washington Model Toxics Control Act, Chapter 70,105D,
20 f 2:1-
RCW; all as amended from time to time; or any other federal, state, or local statute, code or
ordinance or lawful rule, regulation, order, decree, or other governmental authority as now or
at any time hereafter in effect. The term shall specifically include petroleum and petroleum
products. The term shall also be interpreted to include any substance which, after release into
the environment, will or may reasonably be anticipated to cause death, disease, behavior
abnormalities, cancer, or genetic abnormalities.
22.3.2 "Environmental Laws" shall include the Resource Conservation and
Recovery Act, 42 u.S.c. § 6901 et seq.; the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.c. § 9601 et seq.; the Hazardous Materials
Transportation Act, 49 U.S.c. § 1801 et seq.; the Federal Water Pollution Control Act, 33
U.S.C. § 1257 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic Substances
Control Act, 15 U.S.c. § 2601 et seq.; the Federal Insecticide, Fungicide, and Rodenticide Act,
7 U.S.C. § 136 et seq.; the Occupational Safety and Health Act, 29 U.S.c. § 651 et seq.; the
Washington Hazardous Waste Management Act, Chapter 70.105 RCW; and the Washington
Model Toxics Control Act, Chapter 70.105D RCW: all as amended from time to time; or any
other valid and applicable federal, state, or local statute, code, or ordinance or valid and
applicable federal or state administrative rule, regulation, ordinance, order, decree, or other
valid and applicable governmental authority as now or at any time hereafter in effect pertaining
to the protection of human health or the environment.
Section 23.
Insurance.
23.1
The Franchisee shall procure and maintain for the duration of the Franchise,
insurance, or provide self-insurance, against all claims for injuries to persons or damages to
property which may arise from or in connection with the exercise of the rights, privileges and
21 £l:3
authority granted hereunder to the Franchisee, its agents, representatives or employees. The
Franchisee shall provide an insurance certificate, together with an endorsement naming the
City, its officers, elected officials, agents, employees, representatives, engineers, consultants
and volunteers as additional insureds, to the City upon the Franchisee's acceptance of this
Franchise, and such insurance certificate shall evidence the following minimum coverages:
A.
Commercial general liability insurance including coverage for premises
- operations, explosions and collapse hazard, underground hazard and products
completed hazard, with limits not less than:
$100,000,000 per occurrence and in the aggregate for bodily injury or
death to each person; and in the aggregate for property damage resulting from
anyone accident; and in the aggregate for general liability.
B.
Automobile liability for owned, non-owned and hired vehicles with a
limit of $2,000,000 for each person and $2,000,000 for each accident;
C.
Worker's compensation within statutory limits and employer's liability
insurance with limits of not less than $2,000,000;
D.
Environmental pollution liability with a limit not less than $50,000,000
for each occurrence, at a minimum covering liability from sudden and/or accidental
occurrences.
23.2
If coverage is purchased on a "claims made" basis, then the Company shall
warrant continuation of coverage, either through policy renewals or the purchase of an
extended discovery period, if such extended coverage is available, for not less than three years
from the date termination of this Franchise, and/or conversion from a "claims made" form to
an "occurrence" coverage form.
23.3
Any deductibles shall be the sole responsibility of the Company. The insurance
22 EZLf
certificate required by this Section shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with respect
to the aggregate limits of the insurer's liability.
23.4
The Company's insurance shall be primary insurance with respect to the City, its
officers, officials, employees, agents, consultants, and volunteers. Any insurance maintained
by the City, its officers, officials, employees, consultants, agents, and volunteers shall be in
excess of the Company's insurance and shall not contribute with it.
23.5
In addition to the coverage requirements set forth in this Section, the certificate
of insurance shall provide that:
"The above described policies will not be canceled before the expiration date
thereof, without the issuing company giving sixty (60) days written notice to the
certificate holder."
23,6
The indemnity and insurance provisions herein under Sections 22 and 23 shall
survive the termination of this Agreement and shall continue for as long as the Franchisee's
facilities shall remain in or on the Franchise Area or until the parties execute a new Franchise
agreement that modifies or terminates these indemnity or insurance provisions.
Section 24.
Annual Franchise Fee.
24.1
In consideration for granting this Franchise and for the use of the Franchise
Area, there is hereby established an annual fee of Seven Thousand Five Hundred Dollars
($7,500), paid in United States Dollars, intended to cover City's reasonable costs related to
administering the Franchise. The annual fee shall remain constant for the first three (3) years
of this Franchise and shall then subsequently increase by the amount of inflation as determined
by the Consumer Price Index for the Seattle-Everett Metropolitan Area, compounded every
year thereafter beginning with year four (4) of the Franchise's remaining term.
23 t 2-5
24.2
Each annual payment shall cover the next twelve (12) month period and shall
be paid not later than the anniversary date of the Effective Date of this Franchise. Interest shall
accrue on any late payment at the rate of twelve percent (12%) per annum.
24.3
The Franchise fee set forth in Section 24.1 does not include standard and
customary payments associated with the City's administrative expenses, including, but not
limited to, City's expenses incurred in reviewing, licensing, permitting or granting any other
approvals necessary for Franchisee to operate, maintain or repair its facilities or for any
inspection or enforcement costs thereunder (i.e., customary pennitting fees). Additionally, the
foregoing annual fee does not include any generally applicable taxes that the City may legally
levy. Franchisee shall bear the cost of publication of this Ordinance.
Section 25.
Bond, Upon acceptance of this Franchise by Franchisee, the Franchisee
shall post a Perfonnance Bond in the amount of $100,000 (one hundred thousand dollars) and
in the fonn attached as Schedule II that shall remain in effect for the tenn of this Franchise.
The bond shall ensure the faithful performance of Franchisee's obligations under the Franchise
including but not limited to payment by Franchisee of any penalties, claims, liens, or fees, due
the City which arise by reason of the Operation, Construction or Maintenance of the Facilities
within the Franchise Area. Franchisee shall pay all premiums or other costs associated with
maintaining the bond. Additionally, if the Perfonnance Bond is detennined to be inadequate to
ensure perfonnance of a project, Franchisee shall post any additional bonds required to
guarantee perfonnance of the Construction or Maintenance of Franchisee's Facilities in
accordance with any pennits required by this Franchise.
Section 26.
Eminent Domain. The existence of this Franchise shall not limit either
party's powers of eminent domain under Washington law.
24 e- z\o
Section 27,
Vacation,
If at any time the City, by ordinance, vacates all or any
portion of the Franchise Area, the City will not be liable for any damages or loss to the
Franchisee by reason of such vacation. The City shall notify Franchisee in writing not less
than sixty (60) days before vacating all or any portion of the Franchise Area. The City may,
after sixty (60) days written notice to Franchisee, declare all or any portion of the Franchise
Area vacated, provided that the City shall require that the party acquiring the vacated area shall
accommodate Franchisee's Facilities at terms no more stringent than those included in this
agreement.
Section 28.
Confidentiality.
Subject to the limits of Washington law, City agrees
to treat as confidential any records that constitute proprietary or confidential information under
federal or state law, to the extent Franchisee makes City aware of such confidentiality.
Franchisee is responsible for clearly and conspicuously identifying the work confidential or
proprietary. Franchisee will provide a brief written explanation as to why such information is
confidential and how it may be treated as such under state or federal law. If City receives a
demand from any person for disclosure of any information designated by Franchisee as
confidential, City consistent with applicable law will advise Franchisee and provide Franchisee
with a copy of any written request by the party demanding access to such information. If
Franchisee believes that the disclosure of such documents by City would interfere with
Franchisee's rights under federal or state law, Franchisee will take appropriate legal action to
prevent the disclosure by City of such documents. Franchisee will join the person requesting
the documents to such an action. Franchisee will defend, indemnify and hold City hannless
from any claim or judgment including any penalties or costs under RCW 42.17.
25 E'Z--,
Section 29.
Legal Relations.
29.1
Franchisee accepts any privileges granted hereunder by City to the franchised
public rights of way and other public property in an "as is" condition. Franchisee agrees that
the City has never made any representations, implied or express warranties or guarantees as to
the suitability, security or safety of Franchisee's location of facilities or the Facilities
themselves in public property or rights of way or possible hazards or dangers arising from
other uses of the public rights of way or other public property by the City or the general public.
As between City and Franchisee, Franchisee shall remain solely and separately liable for the
Construction, function, testing, Maintenance, replacement and/or repair of the Facilities or
other activities permitted hereunder.
29.2
Franchisee hereby waives its Workers Compensation immunity under Title 51
RCW in any cases involving the City and affirms that the City and Franchisee have specifically
negotiated this provision, to the extent it may apply,
29.3
This Franchise ordinance shall not create any duty of the City or any of its
officials, employees or agents and no liability shall arise from any action or failure to act by the
City or any of its officials, employees or agents in the exercise of powers reserved herein.
Further, this ordinance is not intended to acknowledge, create, imply or expand any duty or
liability of the City with respect to any function in the exercise of its police power or for any
other purpose. Any duty that may be deemed to be created in the City hereunder shall be
deemed a duty to the general public and not to any specific party, group or entity.
29.4
This Franchise shall be governed by, and construed in accordance with, the laws
of the State of Washington.
26 ~'Le
Section 30.
Franchisee's Acceptance. This Franchise ordinance shall be completely
void if Franchisee shall not file its unconditional acceptance of this Franchise within sixty (60)
calendar days from the final passage of same by Council.
Franchisee shall file its
unconditional acceptance with the City Clerk
Section 31.
Notice. All notices, demands, requests, consents and approvals which
may, or are required to, be given by any party to any other party hereunder, shall be in writing
and shall be deemed to have been duly given if delivered personally, sent by facsimile, sent by
a nationally recognized overnight delivery service, or if mailed or deposited in the United
States mail and sent by registered or certified mail, return receipt requested, postage prepaid to:
City:
City of Federal Way
Attn: City Attorney
33325 8th Avenue S.
P,O. Box 9718
Federal Way, W A 98063
Franchisee:
Olympic Pipe Line Company
Attn: President
2319 Lind Avenue S.W.
Renton, Washington 98055
with copy to:
Mark Johnsen
Karr Tuttle Campbell
1201 Third Avenue, Suite 2900
Seattle, Washington 98101
or to such other address as the foregoing parties hereto may from time-to-time designate in
writing and deliver in a like manner. All notices shall be deemed complete upon actual receipt
or refusal to accept delivery. Facsimile transmission of any signed original document, and
27 ELl
retransmission of any signed facsimile transmission shall be the same as delivery of an original
document.
Section 32.
Miscellaneous.
32.1
In the event that a court or agency of competent jurisdiction declares a material
provision of this Franchise Agreement to be invalid, illegal or unenforceable, the parties shall
negotiate in good faith and agree, to the maximum extent practicable in light of such
determination, to such amendments or modifications as are appropriate actions so as to give
effect to the intentions of the parties as reflected herein. If severance from this Franchise
Agreement of the particular provision(s) determined to be invalid, illegal or unenforceable will
fundamentally impair the value of this Franchise Agreement, either party may apply to a court
of competent jurisdiction to reform or reconstitute the Franchise Agreement so as to recapture
the original intent of said particular provision(s). All other provisions of the Franchise shall
remain in effect at all times during which negotiations or a judicial action remains pending.
32.2
Whenever this Franchise sets forth a time for any act to be performed, such time
shall be deemed to be of the essence, and any failure to perform within the allotted time may
be considered a material violation of this Franchise.
32.3
In the event that Franchisee is prevented or delayed in the performance of any of
its obligations under this Franchise by reason(s) beyond the reasonable control of Franchisee,
then Franchisee's performance shall be excused during the Force Majeure occurrence. Upon
removal or termination of the Force Majeure occurrence the Franchisee shall promptly perform
the affected obligations in an orderly and expedited manner under this Franchise or procure a
substitute for such obligation or performance that is satisfactory to City. Franchisee shall not
28 ~ 11\>
be excused by mere economic hardship nor by misfeasance or malfeasance of its directors,
officers or employees.
32.4
The Section headings in this Franchise are for convenience only, and do not
purport to and shall not be deemed to define, limit, or extend the scope or intent of the Section
to which they pertain.
32,5 By entering into this Franchise, the parties expressly do not intend to create any
obligation or liability, or promise any performance to, any third party, nor have the parties
created for any third party any right to enforce this Franchise.
32.6 This Franchise and all of the terms and provisions shall be binding upon and
inure to the benefit of the respective successors and assignees of the parties.
32.7
The parties each represent and warrant that they have full authority to enter into
and to perform this Franchise, that they are not in default or violation of any permit, license, or
similar requirement necessary to carry out the terms hereof, and that no further approval,
permit, license, certification, or action by a governmental authority is required to execute and
perform this Franchise, except such as may be routinely required and obtained in the ordinary
course of business,
32.8
This Franchise contains all of the agreements of the Parties with respect to any
matter covered or mentioned in this Franchise and no prior agreements or understandings
pertaining to any such matters shall be effective for any purpose.
32.9
No provision of this Franchise, including this provision, may be amended or
added to except by agreement in writing signed by both of the Parties.
32.10 Failure of either party to declare any breach or default by the other party
immediately upon the occurrence thereof, or delay in taking any action in connection
29
~3J
therewith, shall not waive such breach or default, but such party shall have the right to declare
any such breach or default at any time. Failure of either party to declare one breach or default
does not act as a waiver of such party's right to declare another breach or default.
Section 33.
Ratification. Any act consistent with the authority and prior to the
effective date of this Franchise is hereby ratified and affirmed.
Section 34.
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, provided it has been duly
accepted by Franchisee as herein above provided.
PASSED by the City Council of the City of Federal Way this - day of
20
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.:
ACCEPT ANCE:
K:\Olympic Pipeline\Draft Franchise Docs\2005 Drafts\Draft Franch 2.1.05
30 ~3 L
UNCONDITIONAL ACCEPTANCE BY OLYMPIC PIPE LINE COMPANY:
I, the undersigned official of Olympic Pipe Line Company, am authorized to bind Olympic
Pipe Line Company and to unconditionally accept the tenns and conditions of the foregoing
Franchise (Ordinance No.
), which are hereby accepted by Olympic Pipe Line
Company this
day of
,2°-
OLYMPIC PIPE LINE COMPANY
By:
Name:
Title:
Subscribed and sworn to before me this
day of
,2O_.
Notary Public in and for the
State of (Washington/Oregon)
My commission expires
Received on behalf of the City this
day of
,2O_.
CITY CLERK, N. CHRISTINE GREEN, CMC
31 ~ 33
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Olympic Pipeline
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SCHEDULE II
CITY OF FEDERAL WAY
PERFORMANCE BOND FOR
RIGHT OF WAY FRANCHISE AGREEMENT
KNOW ALL PEOPLE BY THESE PRESENTS:
undersigned
and , the
corporation organized and existing under the laws of the State of
and legally doing business in the State of Washington as a surety
("Surety"), are held and finnly bound unto the City of Federal Way, a Washington municipal
corporation, ("City") in the penal sum of Dollars and noll 00
($ ) for the payment of which we finnly bind ourselves and our legal
representatives, heirs, successors and assigns, jointly and severally.
We, the
("Principal" )
undersigned
This obligation is entered into pursuant to the statutes of the State of Washington and the
ordinances, regulations, standards and policies of the City, as now existing or hereafter
amended or adopted.
The Principal has entered into an Agreement with the City dated
to
NOW, THEREFORE, if the Principal shall perfonn all the provisions of the Agreement in the
manner and within the time period prescribed by the City, or within such extensions of time as
may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and
material men or women, and all persons who shall supply the Principal or subcontractors with
provisions and supplies for the carrying on of said work, and shall hold the City, their officials,
agents, employees and volunteers hannless from any loss or damage occasioned to any person
or property by reason of any carelessness or negligence on the part of the Principal, or any
subcontractor in the perfonnance of said work, and shall indemnify and hold the City hannless
from any damage or expense by reason of failure of perfonnance as specified in the
Agreement, or from defects appearing or developing in the material or workmanship provided
or perfonned under the Agreement within the period not less than:
1. the tenn of the Agreement; or
2. two (2) years beyond the completion of final installation or construction by the
Principal pursuant to the Agreement if required by the City; whichever is longer,
then and in the event this obligation shall be void; but otherwise, it shall be and remain
in full force and effect.
And the Surety, for value received, hereby further stipulates and agrees that no change,
extension of time, alteration or addition to the tenns of the Agreement or to the work to be
33 ~3~
perfoIl11ed thereunder or the specifications accompanying the same shall in any way affect its
obligation on this bond, and it does hereby waive notice of any change, extension of time,
alterations or additions to the teIl11S ofthe Agreement or to the Work.
Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of
the teIl11S of the Agreement, the Surety shall make a written commitment to the City that it will
either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the
amount necessary for the City to remedy the default, including legal fees incurred by the City,
or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the
Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its
intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond,
according to the option it has elected. Should Surety elect option (a) to cure the default, the
penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the
Surety in curing the default. If the Surety elects option (b), then upon completion of the
necessary work, the City shall notify the Surety of its actual costs. The City shall return,
without interest, any overpayment made by the Surety and the Surety shall pay to the City any
actual costs which exceed the City estimate, limited to the bond amount. Should the Surety
elect option (c), the Parties shall first complete participation in mediation, described in the
below paragraph, prior to any interplead action.
In the event a dispute should arise between the Parties to this Bond with respect to the City's
declaration of default by the Principal, the Parties agree to participate in at least four hours of
mediation in accordance with the mediation procedures of United States Arbitration and
Mediation ("USA&M"). The Parties shall proportionately share in the cost of the mediation.
The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square,
601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to
completion of the mediation.
DATED this - day of
,20_.
CORPORATE SEAL OF PRINCIPAL:
[PRINCIPAL]
By:
(Name of Person Executing Bond)
Its
(Title)
(Address)
(Phone
34 ~Jt.o
CERTIFICATE AS TO CORPORATE SEAL
I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in
the within bond; that , who signed the said bond on behalf of the
Principal, was of the said Corporation; that I know his or her
signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in
behalf of said Corporation by authority of its governing body.
Secretary or Assistant Secretary
CORPORATE SEAL OF SURETY:
Surety
By:
Attorney- in- Fact
(Attach Power of Attorney)
(Name of Person Executing Bond)
(Address)
(Phone)
APPROVED AS TO FORM:
Patricia A. Richardson, City Attorney
3 5 ~ >:;2:/(
~
.
MEETING DATE:
March 15,2005
ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Convert the Appointed Municipal Court Judge Position to an Elected Position
CATEGORY:
BUDGET IMP ACT:
0
0
0
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
[S] ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
----------------______m__-
---,-------------------------
-------------------------------------
ATTACHMENTS: Proposed Ordinance to modifying 2-311(b) to convert the appointed municipal court judge position
to a full time elected position, the February 7, 2005 and March 14,2005 staff reports and supporting documentation.
-------- ------------'----' ""_"m--m_____m___m--_mm____m--mm__m----,,,,--,,-,"""""--""___m--------------------------"-"""""-"."""mmm- ___mm--- ----m----m- ----m-'--m----- '-----'--"""""'-""""-"-"""""""",, "",_"",,__mmmm"--m_____m_m____mmm--mm-- ----m---m --' -,"""""""'-""-"---""---""m____mm__m_--- --m___-
SUMMARY/BACKGROUND: The Municipal Court was formed in 2000 under Title 3.50 ofthe Revised Code of
Washington. Before the Municipal Court began operating, the City issued a RFQ, which is a method of selecting
qualified individuals through a competitive method. The judge was selected, an employment contract was negotiated, and
the Municipal Court began operating on January 1,2000.
Under RCW 3.50.040 the City had the option of appointing the municipal judge provided that the hours worked were less
than thirty-five (35) per week. The length of the appointment must coincide with the election years of judges beginning
with January I, 1986. RCW 3.50.040. Accordingly, Council confirmed the current appointment, which expires
December 31, 2005.
On February 14,2005, the Park Recreation Human Services Public Safety Council Committee voted to recommend to
Council converting the municipal court judge position to an elected position commencing January 1, 2006, and directed
Staff to (1) prepare a draft modification of FWCC 2-311 (b) to authorize the election of the position, and (2) calculate and
compare the financial impact of changing the judicial hours. The draft modification and the calculation/comparison were
presented to the Park Recreation Human Services Public Safety Council Committee on Monday, March 14, 2005.
The opportunity to change the municipal judge position to an elected position is limited, as the time must correspond with
judicial election years, i.e. 2006, 2010, 2014, etc. Consequently, if Council does not convert the position to an elected
position this year, it must wait until the next judicial election period for the elected judge to commence hislher term on
January 1, 2010.
----------------------------------------
--__m________mm___m---
CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the proposed ordinance converting the appointed
municipal court judge position to a full time elected position effective January 1,2006, with the election in the fall of
2005.
PROPOSED MOTION: "1 move the Ordinance converting the municipal court judge position to a full time elected
position to 2nd reading at the April 5,2005, City Council meeting.
--m_____m__------m__--m--__-----
CITY MANAGER APPROVAL: -'"
--
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 I>ENIED
0 T ABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
K:\AFNDITEM\2005\judicial election agendabill.doc
5,J-
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
March 7, 2005
TO:
Parks Recreation, Cultural Services and Public Safety Committee
David H. ~anage[
Patricia A. Richardson, City Attorney froL
VIA:
FROM:
SUBJECT:
Proposed Ordinance Modifying FWCC 2-311(b) to Convert the
Appointment Municipal Court Judge Position to an Elected
Position
Policy Issues:
1. Should the City Council pass the proposed Ordinance to convert the existing
municipal court judge position to an elected position for the voters to decide in the
2005 fall election?
2. Should the City Council increase the judicial hours in the municipal court
effective Januaryl, 2006?
Backeround:
1. Draft ordinance. The Council Committee considered the matter at the February
14, 2005 meeting and voted to convert the municipal court judge position to an
elected position. The proposed draft ordinance would convert the municipal court
position to an elected position and specifies that the election occur in the
November 2005 general election.
2. Judicial hours. The draft ordinance does not specify the number of judicial hours,
because Council requested additional information concerning the financial impact
of increasing the judicial hours for the municipal court. Please note that the State
Constitution and State law distinguish judicial hours from commissioner hours.
The distinction is key in evaluating the financial impact as RCW 3.50.055 states:
Notwithstanding RCW 3.50.040 and 3.50.050, judicial positions may be
filled only by election under the following circumstances:
(1) Each full-time equivalent judicial position shall be filled by election. This
requirement applies regardless of how many judges are employed to fill the
:L- \
position. For purposes ofthis section, a full-time equivalent position is thirty-
five or more hours per week of compensated time.
(2) In any city with one or more full-time equivalent judicial positions, an
additional judicial position or positions that is or are in combination more
than one-half of a full-time equivalent position shall also be filled by election.
Attached is the financial analysis prepared by Iwen Wang, Director of Management
Services. If Council desires to modify the judicial hours, the modification can be made
(I) through a resolution as directed by Council, or (2) at the time of the mid- biennium
budget adjustment.
Options:
Draft Ordinance
-----~" ,
(- Option One.~R9commend approval of the proposed Ordinance and forward to full Council
-'~forconsi.d~rati6n. "
Option Two. Suggest modifications to the proposed Ordinance and retum to the Law
Department.
Option Three. Reject the proposed Ordinance and maintain the part-time municipal court
judge position as an appointed position.
Options:
Judicial Hours
Option Four. Maintain the same number of thirty- five judicial hours per week for the elected
judge position.
(~---Õ~ti~~I':i'~~)}irect staff to draft a resolution establishing Lf 0
'-..---- comrnencuíg January 1, 2006.
number of judicial hours
Option Sìx. Address the change in the number of judicial hours at the time ofmid-biennium
adjustment in the fall of2005. .
Staff Recommendation:
Follow Council direction.
Committee Recommendation:
Forward options ~and S to the full City Council for approval at the March 15,2005
City Council meetll1g.
:L--L
r~
Committee Chair Committee Member
K:\agnditem\2005\prhsps\rnunicipal judge3-14
7-:?:J
II
~
Committee Member
2005 Judge/Commissioner Wage and Benefit
ODtion 1: Status Quo (A ppointed) Option 2: Status Quo (Elected) Option 3: 1 Full Time fElected)
Position Judae 1 Commíssioner Total Judae I Commissioner Total Judc¡e Commissioner Total
FTE 0.8 I 0.75 1.55 0.80 0.75 1.55 1.00 0.55 1,55
Base Wage 81,506 46,505 ' 128,011 104,328 46,505: 150,833 130,410 34,103 164,513
In-lieu of benefit 22,822 : 13,021 35,843 13,021! 13,021 9,549 9,549
Total Waqe 104,328 i 59,526 ¡ 163,854 104,328 59,526 I 163,854 130,410 i 43,652 174,062
K\municipal court\elected judge wage-benefit
::r-
\
D
5.'7-
.
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
February 7,2005
VIA:
Parks Recreation, Cultural Services and Public Safety Committee
David H- ~anagcr
Patricia A. Richardson, City Attorney Q~
TO:
~"ROM:
SUBJECT:
Convert the Appointment Municipal Court Judge Position to an Elected
Position
Policy Issue: Should the City Council convert the existing municipal court judge position
that is now filled via an appointment and confirmation by Council, to an elected position
for the voters to decide in the 2005 fall election?
Background: The Municipal Court was formed in 2000 under Title 3.50 of the Revised
Code of Washington. Before the Municipal Court began operating, the City issued a
RFQ, which a method of selecting qualified individuals through a competitive method.
The judge was selected, an employment contract was negotiated, and the Municipal Court
began operating on January 1, 2000.
Under RCW 3.50.040 the City had the option of appointing the municipal judge provided
that the hours worked were less than thirty-five (35) per week. The length of the
appointment must coincide with the election years of judges beginning with January 1,
1986. RCW 3.50.040. Accordingly, Judge David Tracy was appointed, with Council's
confirmation, for a term of January 1,2000 to December 31,2001. Judge Tracy was
again appointed for a term of January 1, 2002 to December 31,2005.
Individuals running for an elected office must declare their candidacy the last week of
July 2005. Accordingly, Council has the opportunity to change the method to an election
for selecting the municipal judge for a term ofJanuary 1, 2006 to December 31,2009.
Attached is a memorandum outlining the process for converting the position to an elected
position, and a comparison of appointed versus elected position.
Options: 1. Convert the part-time municipal court judge position to an elected position
commencing January 1,2006. Direct Staff to prepare an ordinance modifying Federal
Way City Code 2~331 (b) for the election of a part-time municipal court judge for fait ?~~
G:~il consideration at March 1>6, 2005 City Cmmcil ffiÐÐting.
~~,\1~-" 'il2CV~ ~~V'G--\ ~""'\\Ll)~\ ~\J{a;,-\"¡'î
~\ t~ h.\- W\&.-c.-\r- \5,2-bO5
1
...- -\
~s
2.
Maintain the part-time municipal court judge position as an appointed position
Staff Recommendation: Follow Council direction.
Committee Recommendation:
Forward option ~ to the full City Council for approval.
"","" ", " ,"" "",~,.. II 'I~': "":":':"'" ," ",'" I'. .,1, ,,' "
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K:\agnditcm\2005\prhsps\municipal judge
-;¡~~
-'">
Municipal Court Judge Comparison
--
Issue Elect Appoint
,"-----
Judicial Hours Council can influence judicial Council can influence judicial
hours through the budget via hours through the budget via
compensation. compensation and the
employment contract.
Day-to-day Operations No mechanism to influence Opportunity to influence the
the administrative actions. administrative direction of the
Court through appointment
every four yc~~~,:~",
Potential Liability Judge becomes an employee, Employment contract creates
so the City would assume independent contractor with
liability for actions as with the standard indemnification
any other employee, but has clauses if liability would arise.
no mechanism to influence
judge's actions.
Selection Public select through voting. Use of a Request for
Public's access to Qualifications and review of
qualifications is limited to qualifications by City Staff.
Judicial Evaluations, provided The City Manager makes
candidate agrees to be recommendation and Council
evaluated, the media, or confirms appointment.
campaign.
Budget Council authorizes FTE and Council authorizes FTE and
total budget for the Court. No total budget for the Court.
other influence
Accountability Commission on Judicial Commission on Judicial
Conduct. RCW 3.50.095. Conduct. RCW 3.50.095.
Not subject to recall by the
voters.
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K:\Municipal Court\ Municipal Court Judge
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CITY OF FEDERAL WAY
CITY ATTORNEY'S OFFICE
Memorandum
DATE:
February 7,2005
TO:
Federal Way City Council Members
Patricia A. Richardson, City Attorney \~
FROM:
SUBJECT:
Process for Converting the Municipal Court Judge Position to an Elected Position
At the City Council retreat on January 29,2005, Council requested an outline of the process in the
event Council determined to convert the Municipal Court Judge Position to an elected position.
A. Federal Way City Code.
The Federal Way City Code ("FWCC") specifically provides that the municipal court judge shall
be appointed in December 2001 for a tern1 commencing January 2, 2002, and appointed
thereafter "provided that the judicial position continues as a less than full-time equivalent
position as defined in RCW 3.50.055". When the judicial hours become a full-time equivalent,
(i.e. more than thirty-five (35) hours per week) "an election shall be conducted the year preceding
the expiration of the appointed tenn." FWCC 2-311(b).
The FWCC does not specifically address the situation of converting the less than full-time
judicial position from appointed to an elected one. One could argue that failing to specifically
provide for the election of a part-time municipal court judge position would require the position
become full-time, or that the elected position was not subject to an election until Council
specifically directed through a resolution or ordinance. Hallin v. Trent, 94 Wn. 2d 671,619 P.2d
357 (1980) (the County Auditors correctly refused to place the court position on the ballot title
when the position was not effective until January I and the legislation did not specifY the election
before the effective date). Upon further reveiw, if Council desires to convert the part-time
municipal court judge position to an elected one, an ordinance amending FWCC 2-311(b) should
be enacted to clearly provide for the election of the part-time municipal court judge and to
provide the election in 2005.
B. King County Elections.
There is no specific statutory requirement regarding notice to King County elections to place the
municipal eourt judge position on the ballot title. However, as a general rule the Auditor
requires proof, usually in the fonn of a resolution or ordinance, that the City Council has
authorized the ballot proposition.
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Council Members
Process to Elect Judge
February 7,2005
Page 2 of 2
Additionally, a representative of King County Elections indicated that there is no specific process
for notifying the County when the municipal court judge position would become an elected
position. However, given that the candidates must declare their candidacy by the last week of
July, it logically follows that the City Council would fonnally make the determination
beforehand to notify the County that the position should be on the ballot title.
If Council were to decide to convert the part-time municipal judge position to an elected
position, it is recommended that Council enact an ordinance modifying FWCC 2-311(b) to
provide for the election and to specify the election period.
If Council were to decide to change the municipal judge to a full-time position, which would
automatically convert the position to an elected one, a resolution formally changing the position
to an elected position is recommended. City Staff would then forward either the ordinance or the
resolution to King County elections for placement on the ballot.
Please do not hesitate to contact me if I can be of further assistance.
cc:
David Moseley, City Manager
K:\COUNMEMO\ elect municipal judge process
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY O:F
FEDERAL WAY, WASHINGTON, TO AMEND THE
FEDERAL WAY CITY CODE TO CONVERT THE
APPOINTED MUNICIPAL COURT JUDGE POSITION TO AN
ELECTED POSITION (AMENDING ORDINANCE NOS. 99-
339, 01-397).
WHEREAS, Chapter Two, Article X, Section 2-311 of the Federal Way city Code
provides, in accordance with state law, for the City Manager to appoint the Municipal Court Judge
where the Judge works less than full-time as defined in RCW 3.50.055; and
WHEREAS, RCW 3.50.050 gives cities the discretion to make the Municipal Judge
Position an elective position by ordinance, instead of filling the position through appointment by the
City Manager; and
WHEREAS, the City Council finds it appropriate to convert the Municipal Court
I Judge Position into an full time elective position; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 2-311 of the City of Federal Way Administration Code Chapter is
amended as follows:
2-311 Municipal judge.
(a) Appointment. Within 30 days after the effective date ofthe ordinance codified in this article, the
city manager shall appoint a municipal judge, who shall commence work on or about December 15,
1999, and who shall work less than a full-time equivalent as defined in RCW 3.50.055 as it now
exists or may hereafter be amended. PursÙant to RCW 35A.13.080, this appointment is subject to'
confinnation by the city council.
(b) Tenn. The municipal court judge shall serve a term of two years, with the initial appointment of
the judge under this chapter expiring December 31,2001. On or before December 1, 2001, the city
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manager shall makc an appointment of ajudge for a tenn commencing January 1,2002, and expiring
December 31, 2005; provided, that the judicial position continues as a less than full-time equivalent
position as defined in RCW 3.50.055 as it now exists or may hereafter be amended. EfTective
January 1. 2006, the municipal court judge shall be a full time elected position offortv hours pcr
week. The re1~Y.~nt election will be JlelcLduring the general election in the fall of 2005.
Appointments, -if-appropriate, for each-tenn thereafter shall bc made on or before December 1 st of
the year next proooding the year in '.vhie-h tho judicial tonu commences.
In the e--v-ent--thut tho judicial positio-frbocomo:--; a full timo equivalent pooition œ; defined in RCW
3.50.0S-5--as-.iJ-now exists or may hcl:eaft€f-w-anteHE!.oo,ûft election shall be conducted the year
preceding the expiration of the appointed tsHHThe term length and frequency of elections will
proceed_~~,.requjrcd under RCW 3.50.050 as it now exists or may hereafter be amended.
(c) Judicial qualifications. At the time of the appointment or election, the person appointed or elected
shall be qualified for the position of municipal judge under city rules as the city council may adopt
by resolution or ordinance and state statutes, such as RCW 3.50.040 and 3.50.050.
(d) Additional judges. Additional full- or part-time municipal judge positions will be filled in
I accordance with RCW 3.50.055 and RCW 3.50.070 as it--they now exists or may hereafter be
amended, when in the judgment of the city manager and/or the city council, as applicable, the public
interest and the administration of justice makes such additional judge or judges necessary.
(e) Judges pro tern. The municipal court judge shall, in writing, appoint judges pro tern who shall
serve in absence, disability, or disqualification of the regular judge of the municipal court,
subsequent tothe filing of an affidavit of prejudice, or when the administration of justice and the
accomplishment of the work ofthe court make it necessary. A pro temjudge's term of appointment
shall also be specified in writing. The judges pro tern shall receive such compensation as is received,
on an hourly basis, by the municipal judge, or as otherwise fixed by resolution or by the ordinances
of the city. The judges pro tem shall meet the qualifications required for the position of judge ofthe
municipal court as provided herein. Before entering upon judicial duties, each judge pro tem shall
take, subscribe, and file an oath inthe same Conn as that ofthe duly appointed municipal judge, and
thereafter shall have all ofthe powers ofthe appointed municipal judge. When deemed necessary, the
municipal court judge may make a temporary appointment of a judge pro tem, to preserve an
individual's rights according to law, or to respond to emergency circumstances, effective for up to
one week.
(f) Vacancy. Any vacancy in the municipal court due to death, disability, or resignation of a judge
shall be filled by the city manager, for the remainder of the unexpired tenn. The appointment shall be
subject to the confinnation of the city council. The appointed judge shall be quali fled to hold the
position of judge of the municipal court as provided in this section.
(g) Removal. During the term of his or her appointment or election, a municipal court judge shall be
removed only upon conviction of misconduct or malfeasance in office, or because of physical or
mental disability rendering the judge incapable of perfonning the duties ofthe office; provided, that
a municipal court j udge is also subject to disciplinary actions by the commission on judicial conduct
and the Supreme Court, as described in Chapter 2.64 RCW.
(h) Oath. Every judge of the municipal court, before entering upon the duties of the office, shall take
and subscribe the following oath or affinnation:
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"I do solemnly swear (or affirm) that r will support the Constitution of the United States and the
Constitution ofthe State of Washington, and that 1 will faithfully discharge the duties ofthe office of
judge of the Municipal Court ofthe City of Federal Way, according to the best of my ability."
The oath shall be filed in the office ofthe King County auditor and with the Federal Way city clerk.
(i) Bonds. Every municipal court judge shall give such bonds to the state and city for the faithful
performance of the judge's duties as may be required by law or city ordinance.
(j) Compensation. Pursuant to RCW 3.50.080, the compensation for the municipal court judges shall
be set by the city council by ordinance. Other terms of employment shall be set by a personal
services agreement which maybe executed by the city and the appointed judge. (Ord. No. 99-339, §
1,3-16-99; Ord. No. 01-397, § 1,7-17-01)
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 thereofto 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 ITom and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this - day of April, 2005.
CITY OF FEDERAL WAY
MA YOR, DEAN McCOLGAN
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
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APPROVED AS TO FORM:
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CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
k:ordin:200S/judicial election.doc
02/23/2005
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