Council PKT 04-05-2005 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
April 5, 2005
1.
II.
III.
IV.
V.
AGENDA
FEDERAL WAY CITY COUNCIL
Regular Meeting
Council Chambers - City Hall
AprilS, 2005 - 7:00 p.m.
(WlVW. cityoffederalway. com)
* * * * *
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
PRESENTATIONS
a.
b.
Introduction of New Employees/City Manager
Emerging Issues/City Manager
. Coronado Park Update
. Belmor Park Update
CITIZEN COMMENT
PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING.
Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the
podium and state your name jar 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 a/three members and brought hefore
full Council for approval; all items are enacted hy one motion. Individual items may he removed by a
Councilmember jar separate discussion and subsequent motion.
a.
b.
Minutes/March 15,2005 Regular Meeting
Community Center Fireplace Mantle Artwork Proposal
Sound Transit 31 ih St Roundabout Art Proposal
Red, White & Blues Fireworks Request for Proposal
2005 Human Services Commission Work Plan
Emergency Feeding Program
Purchase of Evidence Barcode Module for Public Safety
c.
d.
e.
f.
g.
(Page 1 (~l3)
h.
1.
J.
k.
1.
VI.
a.
b.
c.
d.
VII.
a.
VII1.
Council Bill #362/2005 Carry Forward Budget Adjustment
Council Bill #363/0lympic Pipeline Franchise
Council Bill #364/Convert the Appointment Municipal Court Judge Position
to an Elected Position
City Center Access Study/Feasibility Study Completion
Support for Proposed Changes to Countywide Planning Policies
CITY COUNCIL BUSINESS
Approval of New City Hall Contract
Community Center 85% Design Consideration
St. Paul/Travelers Insurance Company Settlement
On-Street Parking of Commercial Vehicles in Residential Zones
INTRODUCTION ORDINANCES
Council Bill #365/VSNL Telecommunications Franchise
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, GRANTING VSNL TELECOMMUNICATIONS (US), INC., A
DELAWARE CORPORATION, A NONEXCLUSIVE FRANCHISE TO OCCUpy
RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN A
SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF MAINTAINING,
REPAIRING, AND RESTORING A FIBER OPTIC COMMUNICATIONS SYSTEM
WITHIN AND THROUGH THE CITY OF FEDERAL WAY.
b.
Council Bill #366/Sign Code Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 22,
ARTICLE IV, "NONCONFORMANCE," AND ARTICLE XVIII, "SIGNS," TO ADOPT
REGULATIONS FOR SIGNS IN AREAS ANNEXED TO THE CITY, AND ALLOW
FOR A 10-YEAR AMORTIZATION PERIOD FOR LEGAL NONCONFORMING
SIGNS (AMENDING ORDINANCE NO'S. 90-43, 91-113, 92-135, 92-144, 95-235, 96-
270,97-307,99-342,99-348,99-357,01-398).
c.
Council Bill #367/Permit Signs on Sports Field Fences Code Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER 22 (ZONING) OF THE FEDERAL WAY
MUNICIPAL CODE TO ADDRESS SIGNS ON SPORTS FIELD FENCES.
(AMENDING ORDINANCE NOS. 95-235, 99-348, 99-357)
CITY COUNCIL REPORTS
(Page 2 of3)
IX.
CITY MANAGER REPORT
X.
EXECUTIVE SESSION
Collective Bargaining/Pursuant to RCW 42.30.l40(4)(a)
XI.
ADJOURNMENT
** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA **
THE COMPLETE AGENDA PACKET IS A V AILABLE FOR REVIEW AT CITY HALL AND
ON THE CITY'S WEBSITE UNDER CITY COUNCIL MEETING AGENDA AND PACKETS-YOU MAY
ALSO E-SUBSCRIBE TO RECEIVE ONGOING NOTIFICATION OF CITY COUNCIL UPDATES
(Page 3 ol3)
MEETING DATE:
April 5, 2005
ITEM# r (tt )
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
CITY COUNCIL MEETING MINUTES
CATEGORY:
~ CONSENT
b RESOLUTION
0 CITY COUNCIL BUSINESS
BUDGET IMP ACT:
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Draft minutes ofthe City Council regular meeting held on March 15,2005
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 ofthe minutes ofthe City Council regular meeting held on March 15, 2005
CITY MANAGER APPROVAL, . ~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
ST
l' reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/1012001
Federal Way City Council Regular Meeting Minutes
March 15, 2005 - Page 1 of 6
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
March 15,2005 - 7:00 p.m.
Draft Minutes
I.
CALL MEETING TO ORDER
Deputy Mayor Linda Kochmar called the regular meeting of the Federal Way City Council
to order at 7:04p.m.
Councilmembers present: Deputy Mayor Linda Kochmar, and Councilmembers Jeanne
Burbidge, Jack Dovey, Jim Ferrell, Eric Faison and Mike Park.
Staff present: Assistant City Manager Derek Matheson, City Attorney Pat Richardson, and
Deputy City Clerk Jason Suzaka.
Mayor McColgan was excused ffom the meeting; he is in Washington DC with City
Manager Moseley lobbying on behalf of the city.
II.
PLEDGE OF ALLEGIANCE
Deputy Mayor Kochmar called upon the Camp Fire Sparks Troop and the Boy Scouts to
lead the flag salute.
III.
PRESENTATIONS
a.
Proclamation/Sister City Donghae Incorporation Anniversary on April 1,
1980
Deputy Mayor Kochmar read aloud the proclamation. Mark Freitas ofthe Federal
Way Sister City Association was present to accept the proclamation.
b.
Proclamation/Absolutely Incredible Kid Day on March 17,2005
Deputy Mayor Kochmar read aloud the proclamation. Kim Hutchinson of Camp
Fire USA and the Camp Fire Sparks Troop were present to accept the proclamation.
c.
Arts Commission Introductions & Certificates of Appointment
Councilmember Burbidge recognized Maggie Ellis as the new Arts Commissioner.
She will be filling the unexpired tenn of Peg Altman through December 31,2007.
Ms. Ellis was unable to attend the meeting.
Federal Way City Council Regular Meeting Minutes
March 15, 2005 - Page 2 of 6
d.
Diversity Commission Introductions & Certificates of Appointment
Councilmember Burbidge recognized Dawn Williams and Jacqueline Piel as new
Diversity Commissioners. Ms. Williams will be filling the unexpired term of
Teresa Camacho through May 31, 2006. Ms. Piel will be filling the unexpired tenn
of Keith Schenkel through May 31, 2007. Both were present to accept their
certificates.
e.
Lodging Tax Advisory Committee Introductions & Certificates of
Appointment
Councilmember Park recognized Scott Brown, Mike Dunwiddie, Lenny Freund,
Richard Seracka and Joanne Piquette as Lodging Tax Advisory Committee
members. Mr. Brown and Mr. Dunwiddie are appointed through October 31,2007;
Mr. Freund and Mr. Seracka are appointed through October 31, 2006; Ms. Piquette
is appointed through October 31, 2005. Ms. Piquette was in attendance to accept
her certificate.
f.
Introduction of New Employees/City Manager
Assistant City Manager Matheson reported no new employees at this time.
g.
Emerging Issues/City Manager
Assistant City Manager Matheson reported that there were no emerging issues at
this time.
IV.
CITIZEN COMMENT
Judge Robert McSeveney: Judge McSeveney discussed the conversion of the appointed
municipal judge position to an elected position. He is one of the municipal judges for the
City of Kent (which is an elected position) and sits on the Board of Judicial Administration
for the State of Washington. He expressed his support for the proposed ordinance.
John Wilde: Mr. Wilde expressed his concerns regarding traffic safety in the Lake Grove
neighborhood, and gave out a handout to the Council. The Council asked Public Works
Director Roe to look into the matter and report back to the Council.
H. David Kaplan: Mr. Kaplan expressed his concern with animals running loose in the
city's parks, especially French Lake Park. He proposed random spot checks by the police,
a city assumption of animal control services, and a larger sign for animal leash laws in city
parks.
Louise Wessel: Ms. Wessel asked the city to put up lighting along 24th Avenue near Steel
Lake Park and gave a handout to the Council. City staff was asked to look into the matter
and follow up.
Federal Way City Council Regular Meeting Minutes
March IS, 2005 - Page 3 of 6
Janet McLane: Deputy City Clerk Jason Suzaka read Ms. McLane's letter into the record.
Ms. McLane is the State Court Administrator for the State of Washington. She expressed
her support for the proposed ordinance on converting the appointed municipal judge
position to an elected position.
V.
a.
b.
c.
d.
e.
f.
g.
h.
1.
J.
k.
1.
m.
CONSENT AGENDA
Minutes/March 1, 2005 Regular Meeting - Approved
Vouchers - Approved
December 2004 Quarterly Financial Report - Approved
Ming Court Preliminary Plat - Approved Resolution #05-442
Campus Crest Preliminary Plat & Concomitant Agreement - Approved
Resolution #05-443
Colella Estates Final Plat - Approved Resolution #05-444
City Center Access Study - Budget Update - Approved
North Lake Aquatic Weeds Management Grant Acceptance - Approved
Aquatic Weeds Management Request for Proposals - Approved
2005 Asphalt Overlay Project Bid Award -Approved
Olympic Pipeline Company Agreement to Share Information - Approved
Sewer Extension Bellacarino Woods - Final Acceptance - Approved
SW 356th Street Regional Pond Fencing Contract Award - Approved
MOTION BY COUNCILMEMBER DOVEY TO APPROVE CONSENT AGENDA
ITEMS (a) through (m) AS PRESENTED. MOTION SECONDED BY
COUNCILMEMBER PARK. The motion passed as follows:
VI.
a.
Burbidge
Dovey
Faison
Ferrell
Kochmar
McColgan
Park
yes
yes
yes
yes
yes
absent
yes
CITY COUNCIL BUSINESS
Mayer Right of Way Lease Agreement
Councilmember Dovey gave a review of the lease agreement.
MOTION BY COUNCILMEMBER DOVEY TO AUTHORIZE THE CITY
MANAGER TO EXECUTE THE MAYER RIGHT OF WAY LEASE AGREEMENT
AS PRESENTED. MOTION SECONDED BY COUNCILMEMBER PARK. The
motion passed as follows:
Burbidge
Dovey
Faison
Ferrell
Kochmar
McColgan
Park
yes
yes
yes
yes
yes
absent
yes
Federal Way City Council Regular Meeting Minutes
March 15, 2005 - Page 4 of 6
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).
Deputy City Clerk Suzaka read the ordinance title into the record.
MOTION BY COUNCILMEMBER FAISON TO MOVE COUNCIL BILL #362 TO
SECOND READING AND ENACTMENT ON APRIL 5; SECONDED BY
COUNCILMEMBER FERRELL. The motion passed as follows:
Burbidge
Dovey
Faison
Ferrell
yes
yes
yes
yes
Kochmar
McColgan
Park
yes
absent
yes
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.
Deputy City Clerk Suzaka read the ordinance title into the record.
MOTION BY COUNCILMEMBER FAISON TO MOVE COUNCIL BILL #363 TO
SECOND READING AND ENACTMENT ON APRIL 5; SECONDED BY
COUNCILMEMBER FERRELL. The motion passed as follows:
Burbidge
Dovey
Faison
Ferrell
yes
yes
yes
yes
Kochmar
McColgan
Park
yes
absent
yes
c. Council Bill #364/Convert the Appointment Municipal Court Judge Position to
an Elected Position
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 Attorney Pat Richardson reviewed the proposed ordinance with the Council. Deputy
City Clerk Suzaka read the ordinance title into the record. Councilmember Ferrell
expressed his support for the proposed ordinance for reasons of accountability to citizens.
Councilmember Park stated his opposition to the proposed ordinance because of timing
Federal Way City Council Regular Meeting Minutes
March 15, 2005 - Page 5 of 6
issues and budget reasons. Deputy Mayor Kochmar expressed her support for the proposed
ordinance.
MOTION BY COUNCILMEMBER BURBIDGE TO MOVE COUNCIL BILL #364
TO SECOND READING AND ENACTMENT ON APRIL 5; SECONDED BY
COUNCILMEMBER FERRELL. The motion passed as follows:
Burbidge
Dovey
Faison
Ferrell
yes
yes
yes
yes
Kochmar
McColgan
Park
yes
absent
no
VIII.
CITY CO UN CIL REPORTS
Councilmember Faison: The next Finance, Economic Development, and Regional Affairs
meeting is March 22 at 5:30p.m. Leland Consulting began collecting data for the retail
study a couple weeks ago. This study will help the City develop strategies for bringing in
and helping businesses thrive in downtown Federal Way. They will be collecting data and
interviewing local businesses in Federal Way over the next few months. Next Thursday the
Puget Sound Regional Council will be holding their general meeting at 3:30p.m.
Councilmember Dovey: The next Land Use/Transportation Committee meeting is March
21 at 5:30p.m. They wilJ be discussing parking commercial trucks in residential areas, sign
code amendment in the annexation areas, and signs in sports fields.
Councilmember Burbidge: The next Parks, Recreation, Human Services, and Public Safety
committee meeting is April 11 at 5:30p.m. Last week she testified at Renton City Hall
regarding proposed cuts at the federal level in community development block grant
(CDBG) funding. The Jim Webster Memorial Field Dedication will take place April 9 at
9:30a.m. The 2% for the Arts Dedication wilJ take place April 19 at 5:30p.m. in the City
Hall lobby.
Councilmember Park: He and Deputy Mayor Kochmar attended the National League of
Cities Conference in Washington Dc. They met with Representatives Adam Smith and
Dave Reichert and Senators Patty Murray and Maria Cantwell regarding funding for the
triangle project, city center access study, Joe's Creek, and other transportation and habitat
restoration projects of importance to our city. They also discussed restoration ofCDBG
funds. The next City/Korean Community meeting is scheduled for March 17 at 6:30p.m. in
Chambers.
Councilmember Ferrell: He and Councilmember Burbidge recently attended a community
meeting at Thomas Jefferson High School with King County Councilmember Pete Yon
Reichbauer and King County Sheriff Sue Rahr. Tomorrow the Suburban Cities
Association Public Issues committee wilJ meet.
Deputy Mayor Kochmar: She thanked her fellow Councilmembers for being collegial in
their discussions on some recent controversial issues. She further elaborated on their
efforts to obtain funding for the transportation projects on a recent visit to Washington DC.
Federal Way City Council Regular Meeting Minutes
March J 5, 2005 - Page 6 of 6
Another delegation comprised of Chamber of Commerce members, Mayor McColgan, and
City Manager Moseley are in Washington DC to lobby on the City's behalf for more
funding.
IX.
CITY MAN A G ER REPORT
Assistant City Manager Matheson reported that Smith Alling Lane has been hired as the
City's federal lobbyist. They accompanied Deputy Mayor Kochmar and Councilmember
Park on their recent trip to the nation's capital. The firm will have offices in both Tacoma
and Washington Dc.
The Council went into executive session at 8:06p.m; with an expected duration of 15
minutes.
IX.
EXECUTIVE SESSION
Potential Litigation/Pursuant to/Pursuant to RCW 42.30.1100 )(i)
The Council came out of executive session at 8: 15p.m.
X.
ADJOURNMENT
There being nothing further to discuss, Deputy Mayor Kochmar adjourned the regular
meeting of the Federal Way City Council at 8: 15p.m.
Jason Suzaka
Deputy City Clerk
MEETING DATE:
April 5,2005
lTEM# § ct-)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
".- -'-'- '_.m-
SUBJECT:
Community Center Fireplace Mantic Artwork Proposal
CATEGORY:
BUDGET IMPACT:
~ CONSENT
0 RESOLUTION
0 CJTY COUNCIL BUSINESS
0 OR])INANCE
0 PUBLJC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Committec Action Form dated March 14,2005; Community Center Fireplace Mantle Artwork
Proposal.
SUMMARY/BACKGROUND: On January 18,2005 the City Council approved the final design for the interior and
exterior art program and the selection of Brian Goldbloom as the artist for the fireplace mantle. On February 3, 2005 the
Arts Commission reviewed the Community Center Fireplace Mantle Artwork Proposal and moved to approve the
Proposal and forward to Council Committee for review.
On February 14,2005 the PRHSPS Committee reviewed the Fireplace Mantle Artwork Proposal and had some questions
about the materials, height of the project, and the boulder blocking visual1y. The Committee asked that more information
be brought back to include a ful1 mock-up.
CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the Community Center Fireplace Mantic Artwork
proposal and place before City Council on April 5,2005.
PROPOSED MOTION: "I move approval the Community Center Fireplace Mantle Artwork Proposal as presented".
CITY MANAGER APPROVAL:
'------'-'---'----'--~-----~ --,----_._-,
.- ---------,--- -~--~----~-~--' , -
~--,------------- ----
'-------'--- --- -, - ,
(BELOW TO BE COMPLETED BY CITY CLl!.'RKS OFFICBj
COUNCIL ACTION:
0 APPROVE])
0 DENIED
0 T ABLE])/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL HILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
------- ,
-,--, ---, --_u,
-------
'----~- - ,
REVISED - 05/10/2001
5.A
CITY OF FEDERAL WAY
PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT
MEMORANDUM
DATE:
TO:
March 14, 2005
Parks, Recreation, Human Services and Public Safety Council Committee
VIA:
David MO~anager
Mary Faber, Recreation and Cultural Services Superintendent
FROM:
SUBJECT:
Community Center Fireplace Mantle Artwork Proposal
Policy Question:
Should the City Council approve the Community Center Fireplace Mantle Artwork Proposal?
Background:
On January 18, 2005 the City Council approved the final design for the interior and exterior art program and the
selection of Brian Goldbloom as the artist for the fireplace mantle. The fireplace has emerged as a community
amenity and the hearth, mantle and wall of the fireplace, the location for additional artwork. The artist was
charged with creating a memorably unique fireplace wall in step with the themes and concepts established by
the rest of the art program.
On February 3, 2005 the Arts Commission reviewed the Community Center Fireplace Mantle Artwork Proposal
and moved to approve the Proposal and forward to Council Committee for review.
On February 14, 2005 the PRHSPS Committee reviewed the Fireplace Mantle Artwork Proposal and
had some questions about the materials, height of the project, and the boulder blocking visually. The
Committee asked that more information be brought back to include a full mock-up. The artist has been
invited to attend the March 14th Committee meeting and present the information requested by Counci1.
Art Budget
$25,000. Plus applicable construction credits for fireplace wall, mantel and hearth.
Options:
1). Approve the Community Center Fireplace Mantle Artwork Proposal and place before
City Council on AprilS, 2005.
2). Decline the Community Center Fireplace Mantle Artwork Proposal and request the artist to
revise the design.
Committee Recommendation:
Forward Option 1 to the fun City Council for approval on AprilS, 2005.
'<...-/
~--\
MEETING DATE:
April 5,2005
ITEM# :12=.(G)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Sound Transit 317th Roundabout Art Proposal
CATEGORY:
BUDGET IMI>ACT:
[8] CONSENT
0 RESOLlJTlON
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PlJHUC HEARING
0 OTH I<:R
Amount Budgeted:
ExpendHure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Committee Action Form dated March 14, 2005; Sound Transit 317th Roundabout Art Proposal
SUMMARY/BACKGROUND: On February 3, 2005 the Sound Transit presented the proposed design for the 317th
Roundabout by artist Miles Pepper to the Arts Commission. A committee of Sound Transit staff, WSDOT staff, city staff,
a City Council member, and an Arts Commissioner reviewed proposals and recommended Miles Pepper for the project.
This project is funded through Sound Transit.
The concept centers on a welcoming and farewell theme to travelers as they arrive and depart from Federal Way. "Hi
Five" is representational historically of the 5 schools in existence when schools were consolidated to form School District
#210; the five highways that serve Federal Way; rhododendrons have five petals and Federal Way has the largest
collection of rhododendrons at the Rhododendron Species Botanical Garden; the shape of the sculpture can seen as tree-
like- a reference to Weyerhaeuser Corporation World Headquarters; Wild Waves has a "1-5 Ski Dive" ride.
CITY COUNCIL COMMITTEERECOMMENDA TION: Approve the Sound Transit 31 ih Roundabout Art Proposal
and place before City Council on April 5,2005.
I>ROI>OSED MOTION: "I move approvalthc Sound Transit 31 ih Roundabout Art Proposal as presented".
~~:~~:;.;~ A;~~~~~~~~~~~~~~:~~ ...._~ ~ ~ -- -
_.---------- -----------n____-------
(BELOW TO BE COMPLEThlJ BY CITY CLERKS O_FFICE)
COUNCIL ACTION:
D APPROVE])
0 DENIED
, D TABLEDf])EFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
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WIND ANCE KINETIC SCULPTURE, L TD.
1505 NW Douglas Drive Pullman, Washington 99163 (509) 334-6374
President, MILES ADDISON PEPPER
~¿ 7'We
An illuminated Kinetic Sculpture for
1-5 @317th S~ RoundaboutA.-rtwork
City of Federal Way
Location
Sculpture will be centered in the roundabout at 317th Street in Federal Way, Washington.
Dimensions
Full Sculpture Dimensions
Height: 31 feet
Width: 13 feet
Depth: 9 feet
Kinetic Hand Dimensions
Height: 17.5 feet
Width: 13 feet
Foundation Dimensions
12 sided circle
9 feet in diameter
2 feet above grade
Materials
Support structure and HOV diamond
-Fabricated from welded steel, galvanized and painted.
Kinetic art support spindles and hubs
-Steel
Kinetic Hands Art work
-Fabricated aluminum with stainless steel fasteners and connection points
-Aluminum surface powder coated
-Light emitting diodes (LED)
B-3
l\jWIND AN CE KINETIC SCULPTURE, L ill. I
1505 NW Douglas Drive Pullman, Washington 99163 (509) 334-6374
President, MILES ADDISON PEPPER
Hi
Five
An illuminated Kinetic Sculpture for
1-5 aï>.317th Street Roundabout Artwork
City of Federal Way
Hi Five is a celebration of a positive action. It honors a creative team effort involving
everyone from the citizens, planners, and engineers who developed the roundabout, to the
workers who will build it, to the riders who will use it for years to come. For commuters
entering the roundabout the waving open hand should be thought of as a greeting or
invitation, for those leaving - a departing Farwell.
To honor the ride share concept a lighted 3-dimentional HaV Lane Diamond will stand
in the center of the base. In the evening hours the wind activated hands will be
illuminated by a second integrated lighting system creating a subtly shifting dance of
color, shadow, and movement.
Some of the conceptual seeds I considered while developing "Hi Five" include;
. The name "Federal Way" was first used in 1929 when five existing schools
consolidated operations into School District #210.
. The overall shape of the sculpture could be seen as tree-like, referencing the
historical presence of Weyerhaeuser Corporation World Headquarters. Also
considered was the Pacific Rim Bonsai Collection of hand sculpted trees.
. The sculpture is just offl-5, one of five highways including 18,99, 161, and 509
that service Federal Way.
. The presence of the worlds largest collection of Rhododendrons at the
Rhododendron Species Botanical Garden (the rhododendron flower has five
petals).
. Wild Waves and Enchanted Village has a ride called the "1-5 Sky Dive". In a
play on words this artwork could be thought of as the 1-5 Hi Five.
Both of the independently mounted counter- balanced hands can rotate 170 degrees, or 85
degrees to either side of vertical. A third spindle and hub allow the two hands to rotate
around a vertical axis for a full 360 degree movement.
ß-~
MEETING DATE:
April 5,2005
ITEM# ~C11
CITY OF FEDERAL WAY
City Council
AGENDA BILL
- - ------- -- ,
-- - "" ------
--- --~---------_.._----
SUBJECT:
Red, White and Blues Fireworks RFP
CATEGORY:
BUDGET IMPACT:
rR1 CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
0 OR])INANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Committee Action Form dated March ]4,2005; Red, White and Blues Fireworks RFP
SUMMARY/BACKGROlJND: Fireworks services are contracted with professional pyrotechnic vendors. The budget for
fireworks is $] 5,000 annua11y; a two-year contract totals $30,000. In February, staff distributed a Request for Proposal
for the provision of fireworks at the Red, White and Blues Festival on July 4 for 2005 and 2006. Vendors were requested
to submit a proposal that would include a proposed budget based on $] 5,000 for 2005 and $] 5,000 for 2006, an inventory
and explanation of product, thc firm's previous experience, staffing, and references. Submittals were received from
Entertainment Fireworks, Inc., and Child's Fireworks Display Co., Inc.
CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the Fireworks RFP from Entertainment
Fireworks, Inc. and authorize staff to draft a two-year contract for totaling $30,000 and place before City Council on Apri]
5, 2005.
PROPOSED MOTION: "I move approval the Red, White and Blues Fireworks RFP as presented".
- ~-=--"""- -=--~
-------
,--------
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE]
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEJŒRR.~D/NO ACTION
0 MOVED TO SECOND REAJ)ING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORJ)INANCE #
RESOLUTION #
--------------- ..
----,--_..-
------- ,----------
REVISED - 05/10/2001
5',D
CITY OF FEDERAL WAY
PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT
MEMORANDUM
DATE:
TO:
March 14,2005
Parks, Recreation, Human Services and Public Safety Council Committee
FROM:
Mary Faber, Recreation and Cultural Services Superintendent
David MOS~anagcr
Red, White and Blues Fireworks RFP
VIA:
SUBJECT:
-----------
Policy Question
Should the Council authorize acceptance of the Fireworks RFP from Entertainment Fireworks, Inc?
Background
Fireworks services are contracted with professional pyrotechnic vendors. The budget for fireworks is $15,000
annually; a two-year contract totals $30,000. In February, staff distributed a Request for Proposal for the
provision of fireworks at the Red, White and Blues Festival on July 4 for 2005 and 2006. Vendors were
requested to submit a proposal that would include a proposed budget based on $15,000 for 2005 and $15,000
for 2006, an inventory and explanation of product, the firm's previous experience, staffing, and references.
Two submittals were received.
The RFP evaluation reviewed the following items:
I, Responsiveness to Quote: 20%
Well thought out, organized, easy to understand approach
Appropriate safety precautions
Site map attached and clear, easy to understand
Understands specific issues of site and evaluated site
Organized time schedule and task outline
Ability to provide required insurance
2. Creativity, Variety and Content of Fireworks Display: 20%
Creative ideas with use of product
Able to provide sound track
Good variety of inventory, size of shells and specialty shells
3. Price: 30%
Product Inventory Included
Product Inventory Competitive
Product Size Competitive (number of shells)
A lot of "bang" for the buck
Proposed budget
\:)-- \
4. Responsibility: 30%
Experience with other community fireworks show
Has well trained staff
Three references provided
Based on the above criteria the vendor's ranked as follows:
1 ).
Entertainment Fireworks, Inc.: This firm is a Washington firm, based in Olympia.
This firm was the vendor for the fireworks show in 2003-2004. This firm provided
a larger and more varied inventory, had a well organized proposal and excel1ent
references.
Child's Fireworks Display Co., Inc.: This is a Washington firm, based out of the
Tacoma area. This firm provided less variety of inventory, and the proposal did not
score as highly.
2).
Options '
1). Approve the Fireworks RFP from Entertainment Fireworks, Inc. and authorize staff to draft a
two-year contract for totaling $30,000 and place before City Council on AprilS, 2005.
2). Decline staffs recommendation to enter into a two-year contract with Entertainment Fireworks, Inc.
Committee Recommendation
Forward Option 1 to City Council on AprilS, 2005 for approval.
APPROVAL OF COMMITTE
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Entertainment Fireworks, Inc.
A Place of Excellence in Pyrotechnics
Po. Box 7160
Olympia, Washington USA 98507-7160
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E""orkS,
February 25, 2005
Mary Faber, Recreation and Cultural Services Superintendent
City Of Federal Way
33530 1 st Way South
P () Box 9718
Federal Way WA 98063-9718
Mary:
Attached is our fireworks display proposal for the 2005 and 2006 4th of July celebration.
Per your RFP it is in the amount of $15,000.
The RFP calls for $3.000,000 in General Liability coverage. As we have in the past
several years we will provide for $5.000.000 for Liability coverage.
While this industry continues to have significant increases in the costs of insurance,
transportation, and some of the pyrotechnic materials we use, EFI will again hold the
pricing level on displays for existing and loyal clients for 05 and 06. You will note that
the materials supplied in the attached proposal are essentially the same quantities as the
last two years. This is partly due to our increased business allowing larger quantity
purchases and increased quantity discounts. We have varied the mix a bit and will vary
the varieties of effects to maintain the element of unpredictability.
Your displays will be choreographed to music and precision electrically fired for
maximum effect. We will digitally master a sound track in our in-house studio with your
input. and submit it for your approval. We will also prepare and include any voice
announcements needed.
Scott Steinn1etz and his crew have requested to be assigned to your display again for
2005. They like the venue and working with the City of Federal Way, so they will
continue there for the foreseeable future.
EFI has had a consistently high quality product with excel}ent pyrotechnic performance
with an almost non-existent rate of failures. We have continued to carefully select
products from suppliers with excellent records of quality products. One of our suppliers
in China has even been awarded an ISO 9000 quality rating. That rating is difficult to
achieve in any industry and even more so in pyrotechnics.
D,~,
Phone 360-352-8911 * Fax 360-352-0205 * efi@pyrotech.com * www.pyrotech.com
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Entertainment Fireworks, Inc.
A Place of Excellence in Pyrotechnics
PO. Box 7160
Olympia, Washington USA 98507-7160
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We would like to point out the consistency of our perfomlance over the past several
years. Over the last three years we have fired over 115 dispJays on the 4th of July without
a single display failure. Our on-time performance and customer satisfaction level is
99%+. Attached to this proposal is a list of references and you are invited to call them.
However, one of our best references is our continued performance for the City Of Federal
Way.
We have one of the finest pyro operator training courses in the US, and take a bit pride in
the level of training and dedication of our technicians in the field. and their desire to
provide the best in exciting and entertaining displays. Scott and his crew are some of our
best, and have continued to attend our annual training seminars. Either L or another
member of company management wiJI personally visit the site on both the 3rd and the 4th
to provide support for their effOJ1s.
EFI has continued to expand their depth of resources both in technicians, pyro products.
and display equipment. Over the past year we have added several new design, high tech
firing systems. thousands of mortars, and over 500 racks for holding mortars during
firing. Over the winter our warehouse techs have repaired or rebuilt all equipment as
needed. Everyone of the hundreds of firing systems cables has had new connectors
instaJIed on both ends. These effOJ1s wiJI continue for the next 90 days. We will be well
prepared for July 4th 2005.
If you have any questions, or would like to discuss this proposal, please caJI me ,at 360-
352-8911. If there are effects you would like to see or changes you would like made. we
wiJI gladly make them at like value.
Thank you for this opportunity to submit a proposal. We look forward to working with
the City Of Federal Way.
J Larry Mattingly
VP, Sales and Marketing
D-S
Phone 360-352-8911 * Fax 360- 352-0205 * efi@pyrotech,com * www.pyrotech.com
City of Federal Way - Program A
July 4, 2005
Entertainment Fireworks, Inc. is pleased to present this proposal for
July 4, 2005 fireworks production. This is a complete program and
includes:
. Licensed Operator and Crew
. Transportation
. Worker's Compensation
. Liability Insurance Coverage
. All Equipment to Fire Display
. Administrative Coordination (all necessary permits and licenses)
Entertainment Fireworks purchases quality pyrotechnic materials from
select sources in the United States, Europe, and Asia to provide your
event with the best varieties possible.
These products have been selected with consideration of your budget,
location and display to achieve, in our professional opinion, the
maximum variety of color, size and overall effect.
If you wish to make any adjustment to quantities suggested, we would
be happy to make changes of equivalent values at your request.
The following descriptions are representations of the types of aerial
shells and other pyrotechnic materials to be used in your fireworks
display.
And now to introduce your program...
~~lç
Page 1
City of Federal Way - Program A
July 4, 2005
Fireworks Display Proposal
Aerial Display Shells
3-inch Aerial Shells Color 100
Fancy 75
Special 30
4-inch Aerial Shells Color 100
Fancy 75
Special 30
5-inch Aerial Shells Color 60
Fancy 30
Special 6
Comets
30 Comets 2.00-inch - (6) Blue, (6) Firefly, (6) Kamuro, (6) Purple,
(6) Yellow
20 Comets 3.00-inch - (2) Green, (2) Red, (5) Silver, (2) Blue,
(2) Purple, (2) Yellow, (5) Gold
Page 2
L'J--\
City of Federal Way - Program A
July 4, 2005
Fireworks Display Proposal
Specialty Display Products
25 Salutes: 3-inch Titanium Flash Single Heavy Report
12 Mines - 3 inch: (4) RWB Mag Star, (4) Variegated Mag Star, (4) White
Mag Star
8 Mines - 4 inch: (4) Gold Glitter and Purple Mag Star, (4) Red to Silver
Color Change w/Tourbillion
2 Mines - 5 inch: Red to Silver Color Change w/Tourbillion
Multiple Shot Aerial Display Devices (Description of Varieties):
(2) 2" 50-shot Color Peony wlWhite Flashing Mines, (1) 2.5" 36-shot
Glittering Red Silver Blue wfTail, (1) 2.5" 36-shot Gold Coco Tree
18 Crackling wlWhite Flashing Mine, (1) 3" 25-shot Red Silver Blue
Peanut w/Salute wfTail, (2) 49-shot Happy stars, (2) 1 DO-shot Crackling
w/Coconut Pistil, (1) 600-shot Silver Swallow, (2) 1000-shot Crackling
Delight, (2) 8 x 5-shot Fan Silver to Red Crossette, (2) 10 x 7 -shot
Changing Color Stars & Green Tail, (2) 300-shot Fan Shaped Crackling
Delight
6 Performance Candle Batteries 1-inch 8-ball (Description of
Varieties): Gold Willow w/Gold Tail
24 Performance Candle Batteries 1-1/2 inch 8-ball (Description of
Varieties): (6) Blue Mines & Red Mum, (6) Purple Crossette, (6) Silver
Crossette, (6) White Twinklinq Kamuro
6 Performance Candle Batteries 2-inch 8-ball (Description of
Varieties): (2) Blue Crossette, (2) Golden Glitter, (2) Purple Crossette
Page 3
~-ì
City of Federal Way - Program A
July 4, 2005
Fireworks Display Proposal
Display Shell Recap
Total 3" Shells 205
Total 4" Shells 205
Total 5" Shells 96
Total Comets 50
Total Specialty Display Products 101
GRAN D TOTAL 657
Grand Finale
Finale Shells: A magnificent display of fantasy in the sky. Sounds of bursting
barrages and a star break of spectacular colors. Shells simultaneously bursting in
the sky, spreading a glorious rainbow of colors and lighting up the heavens with
breathtaking beauty. A very special climax to your evening of a grand display of
fireworks.
Quantity
2%" Finale Shells 60
3" Finale Shells 60
4" Finale Shells 5
5" Finale Shells 6
TOTAL FINALE SHELLS 131
Page 4
D-~
City of Federal Way - Program A
July 4, 2005
Fireworks Display Proposal
FIREWORKS ITEMS VS. SHELL COUNT OR SHOTS
This proposal is calculated on actual pyrotechnic units planned for display at the
event, NOT on volume of shots.
Multi shot Cake Devices are included in the pyrotechnic unit count as the basis
for this proposal. These 18 units are capable of projecting 3940 shots.
In preparing your DISPLAY SHELL RECAP, 18 devices are used to give you a
practical sum of the total units, and does not total the number of shots these
devices can perform.
Page 5
D .- \D
City of Federal Way - Program A
July 4, 2005
Fireworks Display Proposal
RECAP
DISPLAY INVESTMENT: $15,000.00 USD. ($14,900.00 + $100.00 Permit Fee)
Includes all expenses, plus choreography/music fees if
applicable, except police or other protection to prevent
intrusion of the public onto the firing grounds, and/or
services of a standby fireman.
DEPOSIT:
$N/A
LIABILITY INSURANCE:
Public liability and property damage insurance in the sum of
$5,000,000 and provided compensation insurance for all
help and assistance as required by state laws governing
Fireworks Displays. Additional insurance coveraqe is
available.
NOTE:
Customer to provide sand (if applicable) and security.
Charges for barges and tugs, if applicable to the event,
will be billed directly to the sponsor.
CONTRACTS AND DELIVERIES MAY BE SUSPENDED
OR CANCELLED PENDING ANY CONTINGENCIES
BEYOND THE FIRM'S CONTROL, E.G. FORCE
MAJEURE, LOCKOUTS, STRIKES, ACCIDENTS,
TEMPORARY STOPPAGES, WAR, OR THE LIKE.
Refer to enclosed contract for specific terms of this
agreement.
Entertainment Fireworks, Inc.@
A Place of Excellence in PyrotechnicsTM
Page 6
b~\\
MEETING DATE:
April 5, 2005
ITEM# '~Q)
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CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
2005 Human Services Commission Work Plan
CATEGORY:
¡:g CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
BUDGET IMPACT:
0 ORDINANCE
0 PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
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..,..,...,..................""'""""""
...................................
ATTACHMENTS: 1) A memo to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated
March 1,2005. Attachments to the Memo include the 2005 Human Services Commission Work Plan.
""""""-""""""""""""""""""""""""""'-'"""""
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SUMMARYIBACKGROUND: Each year the Human Services Commission develops an annual Work Plan that will
drive the activities of the Commission. At the Commission's February 28 retreat and business meeting they developed and
approved their proposed 2005 Work Plan.
..................................,..,............-.....,.........,.....,....,-....,_....,...,_.....,.....,...,.................,.....,..,
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.,....._,.,......,.....................
CITY COUNCIL COMMITTEE RECOMMENDATION: At their March 14 meeting the PRHSPS Council
Committee approved the Human Services Commission's recommendation to accept their 2005 Work Plan.
...................,...,..............,.,..........,.
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,.....,......,.......................
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PROPOSED MOTION: I move approval ofthe Council Committee's recommendation to accept the Human Services
Commission 2005Work Plan.
-;;~~~~~~~~~....
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
""""""",,"""""""""""""'........................................
"""""""...,.,.,.....,...................."" ..,.,.,.................,..........
COUNCIL ACTION:
D APPROVED
D DENIED
D TABLEDIDEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
5,ç
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE
Date:
From:
Via:
Subject:
March 1, 2005 ~
Angelina Alæe Mpy'si, Human Services Manager
David Mosel, anager
2005 Human Se ices Commission Work Plan
Backaround
Each year the Human Services Commission develops an annual Work Plan that directs their
activities for the year. At their February 28 retreat and business meeting, the Commission
developed and approved their proposed 2005 Work Plan. Primary activities of the Work Plan
include and are not limited to the bllowing:
.
Recommend to City Council whether or not the City of Federal Way should become a
direct entitlement City or stay in the King County Consortium for another 3-year contract
term.
Conduct the 2005 Community Development Block Grant Capital allocation process and
make recommendations to City Council.
Recommend to City Council adoption of the new Housing and Human Services
Consolidated Plan.
Host a Human Services Commissioners roundtable discussion to address issues and
challenges that South King County cities are facing in our region.
Continue to work closely with all levels of City government to promote continued support
of the City's Human Services Program.
.
.
.
.
The proposed Work Plan is attached for your review. The Human Services Commission Chair
will be at the Council Committee meeting to prmide additional information or ansvver specific
questions.
Committee Recommendation
I move to recommend that the full City Council accept the 2005 Work Plan and place this item
on the April 5 consent agenda.
t: -\
City of Federal Way
Human Services Commission
Proposed 2005 Work Plan
1) Make a recommendation to City Council to determine Community Development Block
Grant (CDBG) funding options and decide whether or not to become a direct
entitlement City or stay in the King County Consortium for another 3-year contract
term by the second quarter of 2005.
Tasks
2)
.
Conduct a preliminary evaluation of the proposed 2006 budget, as part of the
decision to become a direct entitlement City.
Determine appropriate funding levels for new staff salaries, expenses and revenues.
Participate in the King County Forum concerning the overhaul of the County's
CDBG Consortium and determine how this will have an impact on the City's
decision-making process.
Receive briefings from staff concerning the County's CDBG inter-jurisdictional
group and the options that are being proposed for a new CDBG program design and
Interlocal Agreement.
Conduct a meeting with representatives from the City of Kent and City of Bellevue
to discuss lessons learned from being a direct entitlement city.
Recommend to the City Council whether the City should become a direct entitlement
city or not.
.
.
.
.
.
Adopt new Housing & Human Services Consolidated Plan
Tasks
. Conduct a public hearing for the new Housing & Human Services Consolidated Plan
to gain citizen and stakeholder input.
. Adjust the plan based on new information in determining whether the City becomes
a direct entitlement City or not.
. Make a recommendation to City Council to adopt the new Housing & Human
Services Consolidated Plan.
3) Conduct the 2006 CDBG Capital allocation process and make funding
recommendations to City Council.
Tasks
. Review estimated funding available.
. Review and evaluate applications.
. Conduct applicant interviews as needed.
. Hold a public hearing on CDBG recommendations to obtain citizen input.
. Deliberate and make funding recommendations to City Council.
. Develop survey for agencies to evaluate the CDBG application process and review the
results from the survey.
E-z~
Human Services Commission
Proposed 2005 Work Plan
Page 2
4) Review the contract performance of Human Services and CDBG recipients.
Tasks
.
Review the quarterly reports submitted to the Human Services Division to evaluate the
contract performance of human service agencies and determine if performance goals are
being met.
Conduct review of the 2005-2006 CDBG Public Service contracts beginning June 2005.
Conduct mid-biennium review of the 2005-2006 Human Services contracts beginning
the third quarter of2005.
Submit recommendations for continued CDBG Public Service funding in 2006 to City
Council by the third quarter of2005.
Submit recommendations for continued Human Service funding in 2006 to City Council
by the fourth quarter of2005.
.
.
.
.
5) Host a Human Services Commissioners roundtable discussion to address issues and
challenges that South King County cities are facing in our region.
Tasks
. Determine when the Forum should be scheduled.
. Develop invitee list and mail out invitations.
. Draft format of meeting and develop an agenda.
. Locate meeting venue.
. Host meeting.
6) Review sub-regional, regional and federal legislation on human services and CDBG
trends and activities.
Tasks
. Receive briefings on the activities of the South King County Human Services Forum.
. Receive briefings on the South King County Council of Human Services.
. Receive briefings on the work of King County concerning the Regional Human Services
system.
. Receive briefings on the activities ofthe King County Joint Recommendation Committee.
. Review news regarding policy decisions at the federal level that could have a potential
impact on the CDBG program.
. Review news regarding 10caVregional/national activities and legislation that could have a
potential impact on human services in Federal Way.
7) Conduct site visits with select human service agencies.
Tasks
. Commissioners will sign up to visit 1 or 2 agencies.
E-S
Human Services Commission
Proposed 2005 Work Plan
Page 3
8) Develop partnerships with churches, human services agencies, Federal Way Public
Schools and other potential stakeholders to increase coordination, marketing and
outreach efforts to promote awareness and collaboration around human services
issues.
Tasks
. Explore other funding sources and opportunities to support the City's human services
program.
. Utilize multi-media resources to promote human services and possibly a fundraising event.
. Update the Human Services brochure and display at local stores, restaurants and other public
venues in Federal Way.
9) Work closely with all levels of City government to promote continued support of the
City's Human Services Program.
Tasks
. Regularly attend the Parks, Recreation, Human Services, Public Safety (PRHSPC) Council
Committee and regular City Council meetings.
~-~,
MEETING DATE:
April 5, 2005
ITEM# §~)
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.................,........,........."..,.......,..............,.,...........,...,........'
...,..............,......,.._-....,.. .................".""-,......
'."".""""'-.--"'.'-....'.....-........,.......................""'........,_....,..,.,..,.
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Requesting approval to fund the new Emergency Feeding Program of Seattle and King County from the
2005-2006 Human Services General Fund in the amount of $7,800 and the Multi-Service Center Food Bank Program
through the 2005 Community Development Block Grant Program in the amount of$10,000.
CATEGORY:
BUDGET IMPACT:
~
0
0
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
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......--.............-......................,........,-....'....
.......-...-..,..,,-.-........-......,....-.,..., ....,......-............-........,
ATTACHMENTS: 1) A memo to the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Committee dated
March 1,2005. Attachments to the Memo include the January 18,2005 letter to the Emergency Feeding outlining
organizational deficiencies that needed to be addressed and a new grant application.
,'-""""-.".""-"'-'-""""""""" ............._.....,..,..,-"......."....,
SUMMARYIBACKGROUND: The Church Council of Greater Seattle (CCGS) informed staff in December 2004 that
they would no longer operate the Emergency Feeding Program. The Emergency Feeding Program has operated under
the CCGS for over 20 years and was created through a partnership established with the Black United Clergy for Action.
As a result of their decision the former staff and Advisory Board of the Emergency Feeding Program established a new
organization known as the Emergency Feeding Program of Seattle and King County (EFPSKC) and requested that the
City of Federal Way consider funding the new organization.
To determine whether the new organization had the ability to effectively manage the grant and emergency food program
staff conducted an organizational capacity assessment in January. Based on the site visit staff determined their were
several organizational areas that the EFPSKC would need to address in order for the City to consider funding. A follow-
up meeting was conducted on February 10 where staff determined that the agency did make some progress in meeting the
deficiencies outlined in the January 18 letter. In addition the EFPSKC has secured financial support from various public
entities and a foundation. The City of Seattle, City of Renton, the State's Emergency Feeding Assistance Program, FEMA
and the Seattle Foundation have approved funding for EFPSKC. The agency has applied for funding through United
Way, for an organizational capacity grant, and the Media Foundation for operating support. An announcement for United
Way funding is expected later this month and Media Foundation will inform EFPSKC in May. Decisions from the
Eastside cities and City of Kent concerning funding is pending.
Continued funding is being recommended through the Human Services General Fund because hunger continues to remain
a constant problem in Federal Way. Statistics from the Department of Social and Health Services indicated from February
2004 through January 2005 over 2,600 people were denied food stamps and did not have other financial means to
purchase food. Their only means of assistance is through emergency food services offered by agencies like the EFPSKC
and the Multi-Service Center. The EFPSKC has the ablity to provide nutritionally balanced food in 14 varieties of pre-
packed food bags, which allows them to serve a diverse and broad need of people who are hungry.
Continued funding of the new EFPSKC is suggested and subject to the following funding conditions: 1) that a
computerized financial management system is put in place that will provide the necessary information for sound financial
record keeping, reporting and fiscal oversight, 2) the agency has established a written fiscal and accounting procedures
manual that follows generally accepted accounting principles (GAAP) and includes a fraud protection policy, 3) a
computerized tracking system accurately reports the number of unduplicated clients being served, accomplishment data
and demographic information, 4) written procedures are developed for tracking the necessary client data, 5) the agency
conducts a strategic planning session and submits a copy of their plan to the City, 6) that a Human Resources/Employee
Guidelines Manual, an Administrative Manual and Board Manual are completed and approved by the board of directors
and 7) the agency develops a staff succession plan. Technical assistance will be provided by staff to assist the agency in
fulfiling these funding requirements.
Through the 2005 Community Development Block Grant Program (CDBG) a Contingency Plan was developed to allocate
any additional funds available for CDBG projects by category. Based on the Contingency Plan, the priority would be to
fund the YMCA CARES Program. However, because of the continued need to serve the hungry in Federal Way funding
is being recommended to the Multi-Service Center in the amount of$10,000. The Multi-Service Center last year served
10,000 Federal Way families and did this with a 10% reduction in operating support funds. The proposed $10,000 would
allow the Multi-Service Center to fill their funding gap and give them the ability to expand their food choices to serve
more Federal Way residents. Funding is not being recommended to the Emergency Feeding Program of Seattle and King
County (EFPSKC) because as part of the original grant award, the former Emergency Feeding Program was expected to
add at least one additional distribution site in Federal Way and serve 1,015 unduplicated clients. Because the agency
continues to put its organizational infrastructure in place and with the federal guidelines required of CDBG, funding for
the EFPSKC is not recommended for 2005.
At the Human Services Commission February 28 regular business meeting, several options were identified by staff for
the Commission to consider. The Commission approved staffs Option 1 recommendation, which proposed to fund the
new Emergency Feeding Program of Seattle and King County in the amount of $7,800 through the 2005-2006 Human
Services General Fund, subject to the conditions outlined, and the Multi-Service Center Food Bank Program in the
amount of $1 0,000 through the 2005 Community Development Block Grant Program. The Commisson's recommendation
is subject to City Council approval.
.,...,,-,.....,...._.,...........
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""""""""""""""""""""""""""'"
CITY COUNCIL COMMITTEE RECOMMENDATION: At their March 14 meeting, the PRHSPS Council
Committee approved the motion to forward Option 1 to full Council.
""""""""""""""""""""""'"
"","""""""""""".""
""""""""'......",....."",.
PROPOSED MOTION: I move approval of Option 1 of the Council Committee's recommendation, which proposes to
fund the new Emergency Feeding Program of Seattle and King County through the 2005-2006 Human Services General
Fund in the amount of $7,800, subject to the conditions outlined, and the Multi-Service Center Food Bank Program in the
amount of $1 0,000 through the 2005 Community Development Block Grant Program.
CITY MANAGER APPROVAL:
~.............
"""'-".............,...",..,.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED
D DENIED
D TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1 ST reading
Enactment reading
0 MOVED TO SECOND READING (ordinances only)
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
Cj
F-
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE
Date:
From:
Via:
Subject:
March 1, 2005 d4~
Angelina Allen-Mp ¡si, Human Services Manager
David Mosel anager
Emergency Fe ing Program
Policy Question:
Should the 2005-2006 Human Service General Funds in the amount of $7,800 and 2005 CDBG
funds in the amount of $10,000 be allocated to the new Emergency Feeding Program of Seattle
and King County?
Backoround:
The Church Council of Greater Seattle (CCGS) informed the City of Federal Way in December
2004, that they have discontinued the Emergency Feeding Program and withdrew their 2005-
2006 application for funding. Last year the Human Services Commission approved funding for
the Emergency Feeding Program in the amount of $7,800 through the Human Services General
Fund and $10,000 through the Community Development Block Grant Program. The Emergency
Feeding Program had operated as a program of the Church Council since 1977. With the
discontinuation of the program, former staff of the CCGS Emergency Feeding Program (EFP)
formed a new non-profit, the Emergency Feeding Program of Seattle and King County, and
requested continued funding of the program.
City staff met with the new EFP of Seattle and King County staff on January 11, 2005 to conduct
an organizational capacity assessment in order to determine if the agency could effectively
manage the proposed grant funds and its emergency food program. Two Emergency Feeding
Program board members also participated in the meeting, one of which is also the President of
the Black United Clergy for Action (BUCFA). BUCFA was a founding partner along with the
Church Council of Greater Seattle of the original Emergency Feeding Program.
Attachment 1 is the follow-up letter that was sent from staff to the Emergency Feeding Program,
which outlined the deficiencies of the program needing to be addressed in order to be
considered for funding. EFP of Seattle and King County submitted the requested information
along with a new application (Attachment 2). Staff conducted a follow-up meeting on February
10 and determined that the new Emergency Feeding Program has made progress in meeting
the deficiencies noted in Attachment 1. The agency has also been successful in securing
continued support for its program. The following funders have approved funding for the new
EFP of Seattle and King County:
. The City of Seattle in the amount of $35,554.
. The City of Renton in the amount of $12,310.
¡:-\
Funding of new EFP for 2005-2006
March 1, 2005
Page 2
. The State of Washington's Emergency Feeding Assistance Program (EFAP) has
approved continued funding. Funds from the EFAP are used to purchase food. The
EFAP funds will run through the Multi-Service Center who will be responsible for paying
the bills of the food purchased.
. FEMA has approved funding in the amount of $36,000. FEMA funds are also used to
purchase food and the funding will run through the Fremont Public Association who will
pay the bills for the food purchased.
The new EFP of Seattle and King County will meet with the City of Kent to discuss continued
funding and the agency has resubmitted an application to the East King County suburban cities.
The organization has submitted grant proposals to the Seattle Foundation and Medina
Foundation, and will know later this month if their proposal to the Seattle Foundation has been
approved. An announcement from the Medina Foundation is expected sometime in May 2005.
Continued funding through the 2005-2006 Human Services General Fund is being proposed
because hunger in Federal Way remains a constant problem. The lack of livable wage jobs has
caused families to seek a variety of food assistance programs including the Emergency Feeding
Program. Statistics from the Federal Way DSHS office reveal that from February 2004 through
January 2005, over 2,600 people were denied food stamps and did not have other financial
means to acquire food. Their only means of receiving assistance is through programs like the
Emergency Feeding Program and the Multi-Service Center Food Bank. Services offered by the
new Emergency Feeding Program is critical because the agency has the capabilities of
providing food at various sites (Le. Calvary Lutheran Church, Federal Way DSHS office) where
low-income people can receive assistance. In addition, because the new Emergency Feeding
Program (EFP) of Seattle and King County is providing regional services, referrals and
distribution sites are setup throughout the county. If a Federal Way resident is unsuccessful in
receiving emergency food here in the city, families and individuals can travel to Auburn, Des
Moines, and Kent to receive assistance.
The new EFP of Seattle and King County has the ability to provide nutritionally balanced food in
14 varieties of pre-packed food bags, as it did when it was a program of the Church Council of
Greater Seattle. Some of the food packs designed by the new Emergency Feeding Program
are: a high-protein liquid diet pack, low-sodium pack, a Latino pack, an Asian Pack and a Vegan
pack.
If continued funding is approved the grant award is subject to the following grant conditions:
.
That a computerized financial management system is in place that will provide the
necessary information for sound financial record keeping, reporting and fiscal oversight.
That the agency has established a written fiscal and accounting procedures manual that
follows generally accepted accounting principles (GAAP) and includes a fraud protection
policy.
That a computerized tracking system accurately reports the number of unduplicated
clients being served, accomplishment data and demographic information.
Written procedures are developed for tracking the necessary client data.
.
.
.
r-- 2-
Funding of new EFP for 2005-2006
March 1, 2005
Page 3
. That the agency conducts a strategic planning session and submits a copy of their plan.
. That the Human Resources/Employee Guidelines Manual, the Administrative Manual
and Board Manual are completed and approved by the board of directors.
. That the agency develops a staff succession plan.
Technical assistance will be provided by staff to assist the agency in fulfilling these funding
conditions.
The 2005 Community Development Block Grant (CDBG) allocation to the Emergency Feeding
Program included conditions that at least one additional distribution site in Federal Way is
added and that the program serves an additional 1 ,015 unduplicated clients. These conditions
were added due to the increased CDBG minimum funding level for Public Service projects.
While the new Emergency Feeding Program of Seattle and King County is working to secure
previous funding and assets, return operations to existing sites, and put internal operating and
fiscal systems in place, CDBG funding is not recommended for 2005 because the funding
conditions will be difficult to meet and the required record keeping systems are not yet in place.
CDBG funding could be reconsidered in 2006 providing the agency has a computerized record
keeping system in place that can accurately report the number of clients being served,
accomplishment data and demographic information.
Through the CDBG Program a 2005 Contingency Plan was developed to allocate any additional
funds available for CDBG projects by category. Based on the Contingency Plan, the priority
would be to fund the YMCA CARES Program. However, because the Human Services
Commission supports the need that Federal Way residents have access to emergency food it
was proposed to the Commission at their February 28 business meeting, that the 2005 CDBG
funds in the amount of $10,000 be allocated to the Multi-Service Center's Food Bank Program.
Multi-Service Center has had a 10% decrease in funding from United Way and has experienced
other reductions in donations over the past 2 years. The agency continues to serve 10,000
Federal Way residents with the reduced funds. In addition to filling this funding gap the Multi-
Service Center will use the additional funds to purchase food for infants and to people on
diabetic or low-sodium diets. This will allow the agency to expand the food choices available to
Federal Way residents.
Option 1:
Recommend funding the new Emergency Feeding Program of Seattle and King County through
the Human Services General Fund in the amount of $7,800, subject to the conditions outlined,
and the Multi-Service Center Food Bank Program is recommended for funding through the
Community Development Block Grant (CDBG) Program in the amount of $10,000.
Option 2:
Recommend funding the Multi-Service Center Food Bank Program through the Human Services
General Fund in the amount of $7,800 and the CDBG Program in the amount of $10,000.
f-3
Funding of new EFP for 2005-2006
March 1, 2005
Page 4
Option 3:
Recommend funding the new Emergency Feeding Program of Seattle and King County through
the Human Services General Fund in the amount of $7,800, subject to the conditions outlined,
and recommends implementation of the CDBG Contingency Plan to fund the YMCA CARES
Program in the amount of $10,000.
Option 4:
Recommend funding the Multi-Service Center Food Bank Program through the Human Services
General Fund in the amount of $7,800 and recommends implementation of the CDBG
Contingency Plan to fund the YMCA CARES Program in the amount of $10,000.
Staff Recommendation
Staff recommends Option 1 because of the need to continue to support the various emergency
food service programs being offered to Federal Way children, families and individuals.
Human Services Commission Recommendation
On February 28 the Commission approved staff's recommendation (Option 1).
Committee Recommendation
Forward option I
to the full City Council and place this item on the April 5 consent agenda.
r-L-I
..~c.Árnen+
/
~ Fëderal Way
CITY HALL
33325 8th Avenue South. PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityaffederalwayearn
January 18,2005
Mr. Arthur Lee
Emergency Feeding Program
P.O. Box 18877
Seattle, W A 98118
Dear Arthur:
I want to thank you, your staff and members of your board for taking the time to meet with Kelli
and I last week. The purpose of this letter is to present to you our initial findings from the
capacity assessment we conducted and to discuss next steps.
City of Federal Way Findin2s
The Emergency Feeding Program (EFP) has demonstrated important progress in establishing
itself as a nonprofit organization. Since we last met with you, the agency now has an office
location with a warehouse, a van for food distribution, and computer and software equipment has
been purchased. However, there are a number of organizational capacity concerns that we have
primarily in the following areas:
.
The lack of a financial management system in place.
The lack of a financial procedures manual, human resource/employee guide, and
administrative manual.
The ability of the agency to track unduplicated and number of clients served.
The lack of written procedures for tracking necessary client data.
Staff capacity to maintain the finance and record keeping system of the agency (once the
systems are in place).
The financial stability of the organization and being able to successfully raise funds to
maintain agency and program operations.
.
.
.
.
.
Before a recommendation for continued funding can be submitted to the Human Services
Commission for their February 28th meeting the following systems or manuals need to be in
place by February 8, 200S:
1. The agency has a computerized tracking system that accurately reports the number of
unduplicated clients being served, accomplishment data and demographic information.
\=-_5
Emergency Feeding Program
Results from Capacity Assessment
Page 2
2. Written procedures are in place for tracking necessary reporting data.
3. EFP has a computerized financial management system that will provide the necessary
information for sound financial record keeping, reporting, and fiscal oversight.
4. The organization has established a written fiscal and accounting procedures manual that
follows generally accepted accounting principles (GAAP) and includes a fraud protection
policy.
5. That the agency has established a Human Resources/Employee Guidelines Manual, and
an Administrative Policies and Procedures Manual.
In addition to what is noted above, we would also like to receive copies of the following
documents that will help us with our decision-making process:
1. A copy of the strategic plan.
2. A copy of the Board of Director's manual.
3. A copy of the Organization Chart.
4. Signed copies of the Conflict of Interest statements signed by the staff and board.
5. A copy ofEFP's adopted 2005 budget and the actual expenditure report for January.
6. A copy of Richard Hales resume and a brief explanation regarding his professional
experience in setting up financial management systems and developing fiscal procedure
manuals.
7. Copies of the commitment letter from the City of Seattle, FEMA, EFAP, other Suburban
Cities (if commitments are known), and other privatelindividual donors supporting EFP.
8. A copy of the letter from the state indicating that the 2 vans purchased with state funds
will be transferred to EFP.
9. A list offunders that EFP is applying to for funding and the timetable when the agency
can expect to receive notification regarding the grant applications.
10. A copy of the Development/Communication Plan.
11. A copy of a sample partnership agreement with a list of all the signed partnership
agreements on file.
f-~!
Emergency Feeding Program
Results from Capacity Assessment
Page 3
12. Updated non-discrimination policy, which includes marital status.
13. Written policy prohibiting religious instruction, worship services and proselytizing.
14. Copy of updated intake card.
15. A copy of the record retention policy (at least 6 years).
16. Copy of staff job descriptions.
Because EFP has now become a separate entity from the Church Council of Greater Seattle, in
order for the City of Federal Way to consider the organization for continued funding, we must
have you re-submit another application. An electronic version of the application will be emailed
to you and a copy of the application previously submitted is attached. The revised application
should be emailed to both Kelli and me by the February 8th deadline.
Next Steps
Kelli and I would like to meet with you and your staff on Thursday, February 10th to verify that
the specific financial and tracking systems are in place and various procedure manuals have been
developed. This will also be a good time for us and your staff to ask any follow-up questions.
One of us will be in touch with you to arrange the time for the meeting.
Time is of the essence for us to determine if EFP has the capacity to administer the program and
recommend continued funding or consider reallocation of funds if the program is not funded for
2005. It is our goal to assist you and your staff during this organizational start-up period ofEFP.
If you have any questions regarding what has been outlined please contact me at (253) 835-2650.
Sincerely,
a~~, al!f2J2,,- Yì1 . \~
Angelina Allen-Mpyisi ~
Human Services Manager
cc:
Rev. Victor Langford, EFP Board member
Don Taylor, EFP Board member
Sam Osborne, EFP
Kelli O'Donnell, City of Federal Way
Kathy McClung, City of Federal Way
~-\
A --1-14 '-'Å I"'r\e¿tr!- ;}-
Agency: EFP of Seattle & : J County Program: Er. gency Feeding Program
L¡¿A-~~, l:'lLj)/~.{A-t-~~.~ ~~Od-IDS-'
.:~ Human sérViées Application (General Funds & CDBG)
Part I: Agency Information
" Complete this section once for the agency"
1. Applicant Name and Address
Emergency Feeding Program of Seattle & King County
2615 South Jackson Street
Agency Director
Arthur R. Lee, Executive Director
Seattle, WA 98144
Name and Title
206/329-0300
(Area Code) Telephone
info@emergencyfeeding.org 206/860-8200
E-mail address (if applicable) (Area Code) Fax Number
Required signatures: By signing below, you certify that the' for tion in this application is
accur te to the t of your knowledge. (SIGNATURES M ST E INK)
d. -.:g'-60
Signat re of Agency Board President/Date
Elder Byron Duran
Printed Name of Agency Board President
@) Attach proof of non-profit status for the agency
@) Provide Completed Contact Sheet - Appendix D
@) Agency organizational chart
@J Agency Mission Statement
@J Attach a copy of the board resolution authorizing submittal of this application (may be
, .. su~~itted aft,er ~pplication deadline).
Si n ture
Arthur R. Lee
Printed Name of Agency Director
,,'
2. Title of Proposed Program: List the title of each program that the agency is submitting an
application for 2005 funding to the South King County cities:
Program Title:
Name & Title of Program Contact Person:
A) Emergency Feeding Program
Sam Osborne, Development Director
B)
C)
D)
F-ì
A-1
2005 Human Services Application (General Funds & CDBG)
Worksheet 1: Program Request
Agency: Emergency Feeding Program of Seattle & King County
Programs: Emergency Feeding Program
3. 2005 Funds Requested by Program Title: List the title of the program in the appropriate column
and the amount of funds requested from each City. Complete one column for each program the
agency is submitting an application for 2005 funding. Insert printed worksheet with application
following Question 2 in application packet.
Gen Fund & A B C D
CDBG Est. Funds Requested Funds Requested Funds Requested for Funds Requested for
for Emergency for <Program <Program Title> <Program Title>
Participating Avail. Funds Feeding Program Title>
City 2005*
Auburn $437,300 $7,800
Burien $70,000 $0
Covinaton $75,000 $0
Des Moines $76,000 $0
Enumclaw $16,000 $0
Federal Way $556,000 $15,000
Kent $742,950 $26,000
Renton $327,900 $14,400
SeaTac $241,900 $0
Tukwila $305,000 $0
Total 2005 ~~~~i~'~~'i~":~~J~:t;, $63,200 $ - $ - $ -
*2005 request will also be considered for 2006 funding by those cities on a two-year funding cycle for
Human Services General Funds and/or CDBG Public Service Funds. Estimates are for both General
Fund and/or CDBG funds anticipated to be available for human service programs in 2005. See
individual City supplemental information to the South King County Cities 2005 Application for Human
(Public) Services for more detail.
~-\
(Insert hard copy of completed Worksheet 1 as page A-2 of application. Submit electronic copy of all worksheets with
application.)
Agency:
EFP of Seattle & Ki
':ounty
Program:
Em\
~ncy Feeding Program
4.
Summarize current services provided by the agency.
For any man, woman, child or infant in hunger crisis, the Emergency Feeding Program of Seattle &
King County provides nutritionally balanced food in 14 varieties of pre-packed food bags, specific to
family size and particular medical and cultural dietary needs. Food packs are classified as follows: 1-
3. Small, Medium, and Large Regular Diet Packs; 4. Diabetic Pack; 5. High-protein Liquid Diet Pack
("Thera-Pak"); 6. Low-Sodium Pack; 7. Latino Pack; 8. Asian Pack; 9. Teen (Snack) Pack; 10. Band-
Aid Pack (no-cook diet for homeless individuals); 11. Family Band-Aid Pack (no-cook diet for
homeless families); 12. Infant "A" (one-week supply of formula); 13. Infant "B" (one-week supply of
strained baby foods); 14. Vegan Pack (new in 2005). Each of these packs was designed by a
certified nutritionist to met the Recommended Daily Allowance for each individual and/or family
member. Unless otherwise noted, each food pack contains a complete two-day supply of food (at
three meals per day) for every member of the family.
In addition to food, the Emergency Feeding Program is contracted with over 200 social service
agencies to ensure that anyone receiving an EFP food pack also receives resource referrals to other
community resources. Recognizing that hunger is rarely (if ever) a singular problem, this system
seeks to address the many other symptoms of the larger matrix of problems associated with poverty
and/or homelessness.
Emergency food packs are designed to address an emergency situation and are not intended for use
as food bank supplements. While we do encourage our referral and distribution centers to limit any
individual or family to one food pack per month, this is ultimately left to the discretion of the person
doing the intake, as we recognize that individual circumstances will drastically vary.
As a result of tracking client demographic data throughout the year, we are also able to provide a
profile of local and regional hunger trends to churches, businesses and donors who are connected to
the Program.
Food bags are packed in a central warehouse located in Seattle's Central Area, and delivered on a
[regular schedule throughout King County to the approximately 80 agencies with food on site and th~
29 primary distribution centers. Most distribution sites receive food on a monthly or bi-monthly basis,
according to need, storage capacity, and average volume of distribution.
While as of 02/07/2005 we are near completion of contacting and renewing all of our former Program
partners, this will take an additional week or two. Agencies and churches in South King County that
have thus far signed up to renew their participation with the Emergency Feeding Program of Seattle
and King County include: Auburn Public Health, Auburn WIC, Children's Home Society of WA, Grace
Community Church, Seattle Mental Health, Valley Cities-Auburn, King County Sheriff's Office, Ruth
Dykeman Youth & Family Services, Youth Health Center, Parkside Elementary School, Salvation
Army Des Moines, Calvary Lutheran Church, DSHS - Federal Way, Valley Cities-Federal Way, Aging
and Disability - Kent Commons, Appian Way Family Support Center, Community Health Centers of
King County, DSHS - Kent CSO, Kent First Presbyterian, Kent Public Health at Springwood,
Pregnancy Aid of Kent, Public Health - Kent Teen Clinic, Public Health Seattle & King County - Alder
Square, Renton Technical College-Kent, St. James Episcopal Church, DSHS - Renton CSO, Hillcrest
ECEAP, Renton Head Start, SE Public Health Dept., St. Matthew's Lutheran Church, Way Back Inn,
YouthSource/ WorkSource, YWCA, Beautiful Savior Lutheran Church, McMicken Heights Elementary
School, D.A.W.N., and Highline Maternity Support Services.
F-- \ 0
A-3
Agency:
EFP of Seattle & K,
County
Program:
Em
3ncy Feeding Program
5.
Board of Directors/Financial information:
@¡ Attach a list of current board members. Include name, position/title, city
residence, length of time on the Board, and expiration of terms. Note any
vacant positions.
@¡ Attach minutes of the last three board meetings.
@¡ Attach a copy of the agency's annual budget.
@) Attach a copy of the agency's most recent financial audit cover letter and
management letter
@) Attach a copy of the aqency's most recent year-end financial statement
a) Does the audit meet the standards of OMS Circular A-133?
b) If the organization has not had a financial audit, please explain the reason.
Yes 0
No 0
The EFP of Seattle & King County has operated independently for less than one year and thus has not
had the occasion for an annual audit. An audit will be conducted at the conclusion of the 2005 fiscal year,
in early 2006.
c) How many board meetings were held in the last 12 months? I
d) How many meetings had a quorum present?
e) Does the agency carry comprehensive general liability insurance with a minimum of
$1 million per occurrence and $2 million aggregate for personal injury and
property damage? Yes I2J
f) Does the agency certify that no public funds will be used for lobbying? Yes I2J
14
14
No 0
No 0
F~l \
A-4
Agency:
EFP of Seattle & K.
County
Program:
. ency Feeding Program
Em
Community Coordination
6.
Describe how the organization's services are made known to the community?
Our network of social and human services agencies connects people in hunger crisis to our Program,
either by providing food directly on site, or by referring clients to the nearest distribution site. The
community at large learns of the Emergency Feeding Program via the publication of a quarterly
newsletter, occasional media coverage, special events such as the Mayors' Day of Concern for the
Hungry, radio, print advertising (usually for special events), and through our Board speakers bureau.
Board members and staff regularly speak on behalf of the Program at various civic clubs, churches,
and other organizations to help educate the public on our activities and services. Additionally,
County-wide referral services such as Crisis Clinic refer clients to the Emergency Feeding Program
via print publication ("Where to Turn" resource guide), telephone (Community Information Line), and
online (Community Resources Online).
7.
Describe any formal partnerships the agency has with stakeholders (i.e.
neighborhood/community/church groups, and/or non-profits).
Formal partnerships are in place with all of the churches and agencies that supply either food packs
or referrals (or both) to the public.
We are also partnered with Lifelong AIDS Alliance as a co-beneficiary in their annual AIDS Walk.
The Emergency Feeding Program of Seattle & King County continues its long-standing tradition of
drawing its leadership from the African American community through an informal partnership with
Black United Clergy for Action, one of the Program's original sponsoring parties.
8.
Describe how the agency uses volunteers and what positions they fill.
Historically, the Emergency Feeding Program has boasted an annual volunteer count of about 1,500
people. We hope to continue this tradition as an independent entity. Volunteers both old and new are
already coming to the EFP warehouse to help pack bags, sort food, and sometimes assist with
deliveries. The 1,500 volunteers mentioned above have included volunteer staff at church distribution
sites, Board members, school and community groups that volunteer in the warehouse, and several
hundred people who staff grocery store donation barrels on the annual Mayors' Day of Concern for
the Hungry food drive in September. In addition, EFP utilizes volunteers at special events in a variety
of capacities such as ushers at benefit performances, walkers in the AIDS Walk, Bellevue Crop Walk,
and other charity walks, and marketing/public relations professionals who contribute in-kind services
to the Program. Currently we are working with both a graphic designer and CPA who are providing
professional services pro-bono.
F--\ L
A-5
Agency:
EFP of Seattle & Kh
~ounty
Emt
;ncy Feeding Program
Program:
9.
Accessibility and Cultural Relevance:
a)
If there are fees for services, are they reduced for low and/or
moderate-income persons?
Yes 0 No 0 N/A [g
b)
Yes [g No 0
Are services accessible/culturally appropriate for persons of color and
non-English speaking persons?
c)
Are services accessible to physically disabled persons?
Yes [g No 0
d)
Does the program provide TTYITDD phone service for the speech and hearing impaired?
Yes 0 No [g
If yes, TTYITDD
e)
The program is:
Close to Public Transportation
Special Transportation is Provided
Vouchers are provided
Other
x
f)
Does the agency have a non-discrimination policy complying
with all federal, state and local laws prohibiting discrimination on the
basis of sex, age, race, color, creed, national origin, marital status, or
the presence of any disability, including sensory, mental or physical
handicap?
Yes [8J No 0
g)
How are services provided?
x
First-Come, First-Served
Waiting List
Based on Need
x
~ Attach aqency policies related to non-discrimination
10. Has the agency previously administered CDBG funds?
Please describe the agency's experience with CDBG funds:
While the Emergency Feeding Program received and administered CDBG funds under the Church
Council of Greater Seattle, the independent Emergency Feeding Program of Seattle & King County,
strictly speaking, has not. However, the same staff is in place that has always administered the funds
and reported all relevant data. Thus, we are well versed in the process and requirements.
Yes 0 No ¡:g¡
11. Does the agency expect to expend over $500,000 in federal funds within the 2005 accounting
year? Yes 0 No [8J
r-- I ~~
A-6
Agency:
EFP of Seattle & Ki
::;ounty
Program:
Em\
mcy Feeding Program
0 Attach a separate Part II for each program for which the agency is
requesting funds 0
Pro ram Information
1. Agency Name Emer enc Feedin Pro ram of Seattle & Kin Count
Contact Person (available to answer questions April - September 2004)
Sam Osborne 206/329-0300
Name (Area Code) Telephone
sam@emergencyfeeding.org
E-mail address (if available)
2. Program Name
3. Program is
4. Brief Description of Program
The Emergency Feeding Program provides a complete two-day supply of nutritionally balanced food in
a quantity and content that is appropriate to client needs, as well as referrals to other community
resources to help address the deeper issues that precipitated the hunger crisis.
206/860-8200
(Area Code) Fax Number
Pro ram
An Ongoing Program IZJ
5. Where are services provided? (If Different From Agency Location)
SeNices are provided at numerous locations throughout South King County. A complete list of
Program sites with addresses and contact information can be BrovAded upon request. (See Part I, #4
for current list of South County partners.) - LN ~ ~ ~ C<-=>-VL--- ~
6. Total Program Cost:
Actual 2003: I $ N/A
Projected 2004: . $ N/A
Proposed 2005:
I $ 465,800
Awarded 2004 Requested 2005
Gen Fund CDBG Gen Fund CDBG Gen Fund CDBG
Auburn 5000 0 7800 0 7800 0
Burien 0 0 0 0 0 0
Covin ton 0 0 0 0 0 0
Des Moines 0 0 0 0 0 0
Enumclaw 0 0 0 0 0 0
Federal Wa 7800 5000 7800 5764 5000 10 000
Kent 0 30 815 0 21 250 0 26 000
Renton 0 14434 0 13 440 0 14 400
SeaTac 0 13 500 0 12 982 0 0
Tukwila 0 0 0 0 0 0
F/ILt
B-1
Agency:
EFP of Seattle & KI
':ounty
Program:
Em
~ncy Feeding Program
-. ----'-'----.---------' .--.--. "" ..--.---.- .---.-----.-------.------..------..-----. ....-
Program Information, Cont.
8. Please explain the reasons for any request for increased funding.
Request amounts are the same as those submitted by the Emergency Feeding Program (Church
Council of Greater Seattle), with the exception of SeaTac, which has already stated that 2005 funding
will be used for other programs. The Federal Way request is increased from prior years due to new
minimum request amounts.
9. State the lowest amount of City funding the program would require to operate if the
program received less than the requested sum.
'-'parti~ip~ti~;-l T~tal Re~'uested: Lowest Amount
City : 2005 i .. for 2005
'--Auburn ---- i --- -"7,800 r' 5,000*
SeaTac
1 ---..
I
i
,
I
0 1_._.
o!
0
Burien
0
I
I
01
!
0
!
Covington I
i
0
Enumclaw
1-----"
i
o.
-j--.
0,
!
0
Des Moines
0
I---Fcd:a;\~;' L___"
! Kent I
I
-- ...
15,000 I
.--- - 'r - .
26,000 I
!
11,250*
21,250:1
Renton
14,400
13,000*
Tukwila
0
* At the time the Emergency Feeding Program of Seattle & King County planned and approved its initial
operating budget for 2005, the only city we were certain would continue to support the independent Program
was the City of Seattle. Thus on the budget attachments, you will see this reflected in the line item
"Government Grants: City Grants & Contracts," which is budgeted with that worst-case scenario in mind. It
goes without saying however that the original amounts requested from the South County cities above would
be of indescribably tremendous help to us in this year of transition.
~-\5
B-2
Agency:
EFP of Seattle & K
~ounty
Program:
Em
~ncy Feeding Program
--..--..-...----.,---. -.-...-,.--,--.,,---.
--,----....-.....--,---.
10. Describe the need or problem the program is designed to meet in each City to which an
application is being submitted. What is the problem/need the program is addressing? Quantify
this need, using local or regional data that confirm or describe the problem or need. How much of
the need is currently being served? Address these questions for every City to which an application
is being submitted. One additional page can be added in response to Question 10 if needed.
General Problem: The U. S Department of Agriculture released a report on 10/31/2003 that ranked
Washington as the 5th hungriest state in the Union. Washington has held a position in the top five for worst
hunger since 1995. Whereas the national prevalence of hunger is 3.3%, Washington sits at 4.4%, Seventy
percent of food insecure families in Washington visited food banks in the previous year. The rate of food
insecurity in households with children was twice that of households without children (16.5% vs. 8.1 %). The
economic milieu of the Northwest including King County (and especially South King County) is yet sluggish
in recovery from the last recession, and food assistance programs including the Emergency Feeding
Program and traditional food banks are serving more of the working poor than ever before.
City-specific needs: the Emergency Feeding Program bases the following numbers on past year outputs
measured for the following cities. Numbers represent unduplicated residents of each city.
In Auburn, at least 1,800 people experience a hunger crisis each year.
At least 1,100 Federal Way residents face hunger crisis.
The EFP has served about 5,600 Kent residents in hunger crisis each year.
In Renton, about 1,500 people seek EFP's assistance to relieve their hunger crisis.
About 1,500 residents of SeaTac and Tukwila have also sought help from the Emergency Feeding
Program in recent past years.
"Hunger crisis" is defined as a situation in which an individual or family is, for whatever reason(s),
completely and totally out of any food whatsoever and lacks the means to purchase food without oùtside
assistance. The Emergency Feeding Program of Seattle & King County is specifically designed to meet the
urgent needs of anyone experiencing a hunger crisis by providing a healthy two-day supply of
nonperishable foods out of which complete meals can easily be prepared, as well as resources for physical
and mental healthcare, rental assistance, housing assistance, energy assistance, shelter, and any other
social/human services which may be pertinent to the individual situation.
Hunger is rarely a singular problem unto itself, and is most often a symptom. Thus, for residents of South
King County, the Emergency Feeding Program provides an immediate, short-term solution to the physical
problem of hunger, while offering connections to long-term solutions that will hopefully lead an individual or
family out of the cycle(s) of poverty/homelessness and toward a path of independence and financial
solvency.
\=-1 \p
B-3
Agency:
EFP of Seattle & Ki
County
Program:
Em,
:!ncy Feeding Program
11. Describe the service for this program for which funding is requested. The description should
contain:
(1) Program objective; (2) Program components and structure; (3) Description of client based to
be served; (4) How and when the service will be provided; and (5) By whom the service will be
provided, e.g. trained volunteers, licensed counselors, medical doctors, etc.
1) Program objective To provide an immediate response to people in hunger crisis with nutritional,
individually appropriate food, and the resource referrals to help address the wider matrix of problems
and hopefully assist in moving clients toward sustainable solvency and independence.
2) Program components and structure The basic structure of EFP is as follows:
a. The individual or family is interviewed by referring/distributing social service agency.
b. Hunger is identified as an immediate, crucial need.
c. A referral intake card is completed, indicating appropriate size and type of food pack, as well as
data such as age, income, ethnicity, and family size.
d. The agency provides help in linking the client to other community resources to address the
problems that have likely contributed to the hunger crisis.
e. The client either receives the appropriate food pack there on site, or is referred to the nearest
distribution center to pick up their food.
f. Completed intake cards are returned to the EFP office monthly for tabulation of service statistics
and to track hunger trends.
3) Client base to be served The Emergency Feeding Program of Seattle & King County serves the
broad range of people who find themselves in a crisis hunger situation, and no one claiming a need for
food is ever turned away. With 14 varieties of food packs, we are able to meet the specific needs of
people with regular or vegetarian diets, either alone or in families; of infants; of homeless individuals,
teens, and families; of those with chronic illness, lactose intolerance, diabetes, hypoglycemia, or high
blood pressure; and of those in the Asian and Latino communities with a culturally-specific diet.
4) How and when service is provided Service is provided at locations throughout King County,
each of which keeps its own hours. Overall, EFP food packs are available Monday through Saturday
at various distribution sites.
5) Service providers Staff at referral agencies are generally trained, certified, degreed, and/or
experienced in the social services arena, many with advanced degrees in social work, etc. EFP staff
provides coordination of services, and trains volunteers who work at church distribution centers.
~~\l
8-4
2005 Human Services Application (General Funds & CDBG)
Worksheet 2: Program Outputs (Quantity of Service)
Agency: Emergency Feeding Program of Seattle & King County
Program: Emergency Feeding Program
Program Outputs: Complete one Worksheet for each program requesting funds. Numbers
should reflect clients served by program requesting funds.
12. Persons to be Assisted: Complete the following table with unduplicated clients to be
served by this program. (Column (3) will calculate automatically.)
(1 )Unduplicated (2 )Unduplicated
All Q!y Clients from Q!y Clients from (3)% Unduplicated City Residents
All Funding Requested Served with Requested Funds (Auto
Jurisdictions Sources Funds Calc)
2004 2005 2004 2005 2004 2005
Algona 120 120 0 0 0% 0%
Auburn 1800 1800 199 199 11% 11%
Black Diamond 60 60 0 0 0% 0%
Burien 600 600 0 0 0% 0%
Covinqton 60 60 0 0 0% 0%
Des Moines 60 60 0 0 0% 0%
Enumclaw 120 120 0 0 0% 0%
Federal Way 1100 1100 351 351 32% 32%
Kent 5600 5600 542 663 10% 12%
Maple Valley 0 0 0 0 0% 0%
Milton 0 0 0 0 0% 0%
Normandy Park 0 0 0 0 0% 0%
Pacific 60 60 0 0 0% 0%
Renton 1650 ,1650 343 367 21% 22%
SeaTac 900 900 0 0 0% 0%
Seattle 25200 25200 0 0 0% 0%
Tukwila 660 660 0 0 0% 0%
Unincorp. King 0 0 0 0 0% 0%
CountY
Other: 22708 22700 0 0 0% 0%
0% 0%
0% 0%
0% 0%
Unknown 0% 0%
Total 60698 60690 1435 1580
t:,- L <¿
(Insert hard copy of completed Worksheet 2 as page 8-5a of application. Submit electronic copy of all worksheets
with application.)
2005 Human Services Application (General Funds & CDBG)
Worksheet 2: Program Outputs (Quantity of Service)
Agency: Emergency Feeding Program of Seattle & King County'
Program: Emergency Feeding Program
13. Projected Low-Moderate Income Benefit: What percent of your program clients served
(1) Unduplicated (3) % of Clients
Q!y Clients from AIL (2) % of Clients Served by (4) % of Clients (5) % of Clients that
Participating Funding Sources Served by Program Program Low Served by Program are Very
(Column (1) of Very Low Income Income (31%- Moderate Income Low/Low/Moderate
City Question 12. above) (0%-30% Median) 50% Median) (51 %-80% Median) Income (Auto Calc)
2004 2005 2004 2005 2004 2005 2004 2005 2004 2005
Auburn 1,800 1,800 100% 100% 0% 0% 0% 0% 100% 100%
Burien 600 600 100% 100% 0% 0% 0% 0% 100% 100%
Covinqton 60 60 100% 100% 0% 0% 0% 0% 100% 100%
Des Moines 60 60 100% 100% 0% 0% 0% 0% 100% 100%
EnumcJaw 120 120 100% 100% 0% 0% 0% 0% 100% 100%
Federal Way 1,100 1,100 100% 100% 0% 0% 0% 0% 100% 100%
Kent 5,600 5,600 100% 100% 0% 0% 0% 0% 100% 100%
Renton 1,650 1,650 100% 100% 0% 0% 0% 0% 100% 100%
SeaTac 900 900 100% 100% 0% 0% 0% 0% 100% 100%
Seattle 25,200 25,200 100% 100% 0% 0% 0% 0% 100% 100%
Tukwila 660 660 100% 100% 0% 0% 0% 0% 100% 100%
Unincorp. 0 0 100% 100% 0% 0% 0% 0%
Kina Countv 100% 100%
Other: 22,708 22,700 100% 100% 0% 0% 0% 0% 100% 100%
0 0 0% 0%
0 0 0% 0%
Unknown 0 0 0% 0%
60,458 60,450 ~ ~¡~,::~ "':wa': .~~:';'!i~ ,~;;¡':' ¡i;f~' ~
;\':"""*""¡¡:i,~I¡" ')I:j;t;',,'ioÌÎ!::~: :~!""~ "",',~,'
):=-, ~
(Insert hard copy of completed Worksheet 2 as page 8-5a of application. Submit electronic copy of all worksheets
with application.)
2005 Human Services Application (General Funds & CDBG)
Worksheet 3: Program Outputs (Quantity of Service, Cont.)
Agency: Emergency Feeding Program of Seattle & King County
Program: Emergency Feeding Program
Program Outputs: Complete one Worksheet for each program requesting funds. Numbers should reflect clients served by
program requesting funds only.
11
\
~
C)
14. Service Units (Outputs) and Cost per Unit - Program: indicate the full cost of providing the service. Complete table for
each program service unit to be measured. (See instructions for examples.)
Service
Measures Proqram Service Unit Costs Definitions
Service Unit 1: Unduplicated City Clients Number of individuals served WITH CITY FUNDS
Service Unit 2: Unduplicated Meals Number of unduplicated City clients served X 6 meals per person
Service Unit 3:
(l)Unduplicated
Ç,j,!ï Clients from
All Funding
Sources (Column
Participating (1) of Question
12.)
City (2) Program Service Unit 1 (3) Program Service Unit 2 (4) Program Service Unit 3
2004 2005 2004 2005 2004 2005
No. of Cost per No. of Cost per No. of Cost per No. of Cost per No. of Cost per No. of Cost per
2004 2005 Units Unit Units Unit Units Unit Units Unit Units Unit Units Unit
Auburn 1,800 1,800 199 199 1,194 $ 4.60 1,194 $ 4.60
Burien 600 600 0 0 0 $ 4.60 0 $ 4.60
Covinqton 60 60 0 0 0 $ 4.60 0 $ 4.60
Des Moines 60 60 a 0 0 $ 4.60 0 $ 4.60
Enumclaw 120 120 0 0 0 $ 4.60 0 $ 4.60
Federal Way 1,100 1,100 351 351 2,106 $ 4.60 2,106 $ 4.60
Kent 5,600 5,600 542 663 3,252 $ 4.60 3,978 $ 4.60
Renton 1,650 1,650 343 367 2,058 $ 4.60 2,202 $ 4.60
SeaTac 900 900 331 0 1,986 $ 4.60 0 $ 4.60
Tukwila 660 660 0 0 0 $ 4.60 0 $ 4.60
Total 12,550 12,550 1,766 1,580 10,596 9,480 0 0
M
(Insert hard copy of completed Worksheet 3 as page B-5b of application. Submit electronic copy of all worksheets with application,)
-
2005 Human Services Application (General Funds & CDBG)
Worksheet 4: Program Outputs (Quantity of Service, Cont.)
Agency: Emergency Feeding Program of Seattle & King County
Program: Emergency Feeding Program
Program Outputs: Complete one Worksheet for each program requesting funds. Numbers should reflect clients served by
program requesting funds only.
15. Demographics: Complete the following demographics with the number of clients to be served in
each city by this program. For disabling condition, use the definition provided in instructions or Appendix
A:
\1
\
~
Unduplicated City
Clients from All
Funding Sources
(Column 1 of Question limited English
Participating City 12) Gender Gender Disabling Condition Speaking (ESL)
2004 2005 2004 Male 2004 2005 Male 2005
Female Female 2004 2005 2004 2005
Auburn 1,800 1,800 864 936 864 936 36 36 0 0
Burien 600 600 290 310 290 310 18 18 38 38
Covinaton 60 60 15 45 15 45 0 0 3 3
Des Moines 60 60 29 31 29 31 5 5 15 15
Enumclaw 120 120 58 62 58 62 0 0 3 3
Federal Way 1,100 1,100 484 616 484 616 1 1 0 0
Kent 5,600 5,600 2,576 3,024 2,576 3,024 112 112 56 56
Renton 1,650 1,650 892 758 892 760 50 50 0 0
SeaTac 900 900 485 415 485 415 45 45 0 0
Tukwila 660 660 264 396 264 396 10 10 23 23
Total 12,550 12,550 5,957 6,593 5,957 6,595 277 . 277 138 138
(Insert hard copy of completed Worksheet 4 as page B.5e of application. Submit electronic copy of all worksheets with application)
Agency:
EFP of Seattle & Ki¡
~ounty
Program:
Erm
ncy Feeding Program
Insert Completed Excel Worksheets 2, 3 & 4 Here:
Worksheet 2: Program Outputs (Quantity of Service):
Question 12. Persons to be Assisted
Question 13. Projected Low-Moderate Income Benefit.
Worksheet 3: Program Outputs (Quantity of Service, Cont):
Question 14. Service Units (Outputs) and Cost per Unit - Program
Worksheet 4: Program Outputs (Quantity of Service, Cont):
Question 15. Demographics
[1ii] Provide Electronic Excel Spreadsheets to cities requesting electronic files in the supplemental
information from which funding is requested by this application.
16. Documentation: Please describe how the numbers or percentages in Questions 12-15 were
developed.
a. Persons to be assisted
Are figures based upon: Individual [8J or Household 0
How were numbers/percentages determined? Monthly tabulation of intake cards returned to the EFP
offices from referral and distribution sites, and analysis of data there from.
b. How is City residency determined?
Residency is determined by client response on intake cards (both address and zip code lines). For the
City of Renton, 4 digits or less in the house number is considered a resident, while 5 or more is
considered unincorporated King County.
c. Service Unit Costs - Program: give the specific methodology for determining rate.
Average cost per food pack = $14.61. Average people served by one pack = 3.8, @ 6 meals per
person. 3.8 x 6 = 22.8/14.61 = $1.56 average cost/meal for food. Add 8% of total personnel
($14,514.40) and 25% overhead costs ($23,592.50), then divide sum by total number of South County
residents served (12,550), adding $3.04. Total Service Unit Cost: $1.56 + $3.04 = $4.60.
d. Is an intake form currently used for this program? Yes [g or No D
[gJ
Attach a copy of the intake form for this program.
e. If no intake form is currently used, please explain how projected low-moderate income
benefit in Worksheet 2, Question 13 was determined.
~-2L
B-5
Agency:
EFP of Seattle & Ki
~ounty
Program:
Eml . - .mcy Feeding Program
17. Provide an overview of the program's most recent outcome results.
In 2003 (the most recent data available to us at present), the Emergency Feeding Program's outcomes
were: 1) short-term hunger reduction; and 2) increased knowledge of community resources. 97% of
clients reported that EFP food packs would be effective in meeting their nutritional needs for two days.
92% of clients reported increased awareness of additional resources to help meet other needs. These
percentages are based on responses to questions on the intake card, as well as client satisfaction
surveys.
In South King County cities, the Emergency Feeding Program currently has 39 referral and distribution
sites to serve the needs of hungry individuals and families in the region as effectively as possible.
There are an additional 44 agencies with whom we are currently following up to be sure they will
continue their historic participation with the Program. Out of 260 Countywide agencies contacted,
100% of those that have responded so far have been in the affirmative. We are confident that once
everyone has been contacted and informed of the continuation of the Emergency Feeding Program
under independent management, this trend will continue down to the last church or agency.
18. Describe program modifications during the past year or expected in the next year:
On October 13, 2004, the Church Council of Greater Seattle voted to terminate the entire staff of the
Program, and sever its relationship with Black United Clergy for Action, its 27-year partner in co-
sponsoring the Emergency Feeding Program. While the Church Council struggled to maintain the
Program, the terminated staff and BUCFA leaders began setting up an independent organization.
Several attempts at settlement were made with the Church Council, all of which came to naught. The
Council finally voted to cease operating its feeding program, leaving room for the new independent
organization with an experienced and dedicated staff to continue to fill the unique niche that EFP has
filled for so many years. Thus, in January 2005, the Emergency Feeding Program of Seattle & King
County emerged as a "new" entity. These drastic changes and accompanying misunderstandings
have led to necessary budget cuts and staffing level cuts, but we are dedicated to preventing any
service level cuts. The staff remaining is committed to maintaining the same level of service - both in
volume and quality - that so many people and agencies have come to know and trust since 1977. We
hope that with a renewed fund raising plan, after 2005 we may resume past staffing levels and thus
operate at higher efficiency and with less stress on the existing staff.
~- 2~~
8-6
Agency:
EFP of Seattle & King C()unty
Program:
Emergency Feeding Program
19. Outcome Measures: List one or two measurable outcomes of the proposed program. An outcome measure is a systematic way to assess
the extent to which a program has achieved its intended result. An outcome answers the question, "What has changed in the lives of
individuals, families, or the community?" The following chart is similar to the one used by agencies applying to United Way of King County.
Refer to Appendix E for an example of a completed outcome measures form.
RESOURCES
.
14 nutritionally balanced
and culturally sensitive
food packs
Cooperative partnerships
with over 200
social/human service
agencies
85 social service
agencies have historically
carried food on site, in
addition to 29 church-
based distribution centers
in King County
Staff and volunteers who
coordinate, collect, sort,
and pack food bags
.
.
.
ACTIVITIES
.
Daily distribution of food
packs
Resource referrals for
every person receiving
an EFP food pack to help
address the wider array
of problems associated
with poverty and/or
homelessness
Bi-annual educational
conferences for all
service partners
Special events that
benefit the entire county
such as the Mayors' Day
of Concern for the
Hungry
Delivery of food packs to
distribution sites and
pick-up of food donations
.
.
.
.
OUTPUTS
Auburn:
. 1,800 unduplicated
residents served
. 10,800 unduplicated
meals
Federal Way:
. 1,100 unduplicated
residents served
. 6,600 unduplicated
meals
Kent:
. 5,600 unduplicated
residents served
. 33,600 unduplicated
meals
Renton:
. 1,650 unduplicated
residents served
. 9,900 unduplicated
meals
B-7
OUTCOMES
.
Immediate short-term
hunger relief
Through resource
referrals offered at all
referral & distribution
sites, food recipients are
linked with vital
additional community
resources for long-range
help toward achieving
stability and solvency, as
well as raised awareness
of the wider range of
resources available
:r
~
(
1l-
.
Agency:
EFP of Seattle & '
] County
Program:
Er . gency Feeding Program
20. Discuss specific factors that demonstrate the organization can successfully manage this
program. Discuss the program's service record to South King County residents and other
programs related to the one proposed for funding. Give a description of and qualifications (titles,
training, certification, etc.) of key staff and personnel responsible for this program.
General service record: As a co-sponsored program of the Black United Clergy for Action and the
Church Council of Greater Seattle, the Emergency Feeding Program effectively served the needs of
more than a million people in hunger crisis throughout King County since 1977. As the newly
independent Emergency Feeding Program of Seattle & King County, we have every intention of
upholding the traditions of quality, integrity, compassion, and respect that have been the hallmarks of
this program since its inception. Within the past 15 years, service has greatly expanded in South King
County, and we hope to continue to locate new distribution points in that region to better address the
growing needs there, particularly in Federal Way. Just under half of the Emergency Feeding
Program's clientele in recent years have been residents of South King County.
Key Staff: Arthur R. Lee has served as EFP's executive director since 1991. Under his leadership,
EFP has introduced several special diet food packs including the Latino and Teen Snack packs, and
the annual Mayors' Day of Concern for the Hungry food drive has grown to encompass 25 cities in
King County. Arthur is a well-known, well-respected member of both the wider ecumenical Christian
community and the social service delivery arena in King County. Rev. Sam Osborne has served as
EFP's development director since early 2003. Sam brought seven years experience in nonprofit
leadership and fundraising. Prior to working with EFP directly, he served as Executive Director for the
Capitol Hill Community Resource Center, one of EFP's highest-volume distribution sites. Cate Hillard
has served as EFP's Eastside coordinator for 14 years. Coordinating EFP's efforts to curb hunger in
NE King County, is a seasoned professional and familiar friendly face to the many Eastside churches
and social service agencies that participate in the Emergency Feeding Program. Brian Anderson,
EFP's Eastside office manager, has been with the Program for just over a year, and is, as they say, a
"perfect fit" We expect to work with Brian for many years to come. Additionally, 'he has served as the
EFP liaison at Central Lutheran Church in Capitol Hill for several years. All staff mentioned above
have bachelors level college degrees or higher.
F- 2- c
B-8 J
2005 Human Services Application (General Funds & CDBG)
Worksheet 5: Program Revenue
Agency: Emergency Feeding Program of Seattle & King County
Programs: Emergency Feeding Program
21. Program Revenue: Provide detail on funding from ALL SOURCES including non-grant funding.
Ci
Current Year 2004
Approved Budget Next Year 2005 Committed for
Revenue Sources (GF + CDBG) Estimate* 2005 Restricted Use (if any)
ties:
Auburn $ 7,800.00 $ 7,800.00 DYes Personnel and food
Burien $ - $ - DYes
Covinaton $ - $ - DYes
Des Moines $ - $ - DYes
Enumclaw $ - $ - DYes
Federal Way $ 13,564.00 $ 15 000.00 DYes Personnel and food
Kent $ 21,250.00 $ 26,000.00 DYes Personnel and food
Renton $ 13,440.00 $ 14,400.00 DYes Personnel and food
SeaTac $ 12,982.00 $ - DYes
Tukwila $ - $ - DYes
Seattle $ 35,171.00 $ 35,554.00 0ves
deral: DYes
FEMA $ 41,963.83 $ 41,964.00 0 Yes Food purchase only
DYes
DYes
te: DYes
DYes
" DYes
untv: DYes
DYes
DYes
Foundations ) $ 36,000.00 $ 19,000.00 DYes
United Way $ - $ - DYes
Service Fees $ - $ - DYes
Other $ 313,357.00 $ 329,317.00 DYes
Total 2005 $ 495.527.83 S 489,035.00 :¡~!_: ~¡~~~~I:I
~ "...,". '",,',' ,.. ';I';': '" .. "~>'" "I",'I~I,.r~!:.. I
Fe
Sta
Co
*2005 request will also be considered for 2006 funding by those cities on a two-year funding cycle for Human
Services General Funds and/or CDBG Public Service Funds. Include program request for both General Fund
and/or CDBG funds anticipated to be available for human services.
r"ue' Aba"! Reven"e Comments
Ç~2-(,
(Insert hard copy of completed Worksheet 5 as page 8-9a of application. Submit electronic copy of all worksheets with application.)
Agency: Emergtney Feeding Progrom of S..ttle & Klng_~
Progr.ms: Emergency Feeding Program
22. Program Expense: Expenses listed by City wili be utilized to determine Scope of Service for funding awards, Please See the definition of expenses to inciude in each category below,
2005 Human Services Application (General Funds & CDBG)
Worksheet 6: Program Expense
CI
(1) Personnel Costs (2) Office Operating (3) TravelfTraining (4) Communications (5) Equipment (6) Professional (7) Direct Assistance to (8) Overhead Costs (Not (9) T olal Budgel for
Expenses Fees/Contracts Indiv .o',d" . """"") Program
,
Expense by 2004 2004 2004 2004
Source 2004 Budget 200S Est. 2004 Budget 2005 Est. Budget 2005 Est. Budget 2005 Est. Budget 2005 Est. 2004 Budget 2005 Est. 2004 Budget 2005 Est. Budget 2005 Est. 2004 Total 2005 Total
ties:
Auburn 5300 5300 2500 2500 S HOD S 7800
Burlen s s
rnvlnnton S s
Dp< Mnln<>. S s
n nrlaw S . s
FM '",IW.v q]O~ 10000 4094 5 ODD S 13800 S 15 ODD
:en 21250 26 000 s 21250 S 25 000
ten n 13440 10000 4400 S 13440 S 14400
a -00 12982 S 12982 S
kwll. s $
S s
I Seattle 35171 35554 s 35171 $ 35554
BpllpvlIP 21193 21193 5819 6819 $ 28012 $ 28012
KlrI<lond 5751 6000 1917 1800 $ 7558 $ 7800
I Kpnmnrp 3000 3000 s 3 ODD $ 3000
IShol'PllnI' 3337 3337 1553 1663 $ 5000 $ 5000
$ $
deraIl $
FEMA 41 '25 41954 $ 41 125 $ 41954
$ $
S $
ate: $ $
$ $
S $
,untv: $ $
$ $
$ . $
Foundations 36 000 20 000 S 35000 $ 20000
Ii InlIM W.v S $
IServiop F..". $ - $
Other 109504 56 646 67 000 49300 8,000 3.'00 19,000 22.000 5.300 5,700 '4,000 ",000 72.000 72,000 48.415 40.524 $ 344.219 $ 251.270
To!;>! 200~ $ 240634 $ 177 030 $ 103 000 $ 69300 $ 8000 $ 3100 $ 19000 $ 22000 $ 6300 $ 6700 $ 14000 $ 11000 $ 130118 $ 136146 $ 48415 $ 40524 $ 569467 $ 465 BOO
11 Fed
\
\J Sta
~
Co
Clteeo"', Include: Comments by A.eney:
Personnel Costs Salaries & benefits
OffleelOoeratino Exnenses Office sunnlies rent & utilities reoair & maintenance insurance. oostaoe & shloolne telenhone
TraveVTraln¡;;;;- Staff travel & trainino
Communications Prlntino & advenisino
EOUioment Eoui ment ourchased lor the nrooram
Professlonll Fees/Contracts Professional lees or contracts to comolete Dfoaram
Direct assistance to Individuals Motel vouchers etc,
OVerhead Costs Administrative costs not included in nersonnel
(Insen hard copy of completed Worksheet 6 as page 8.9b of application. Subm~ electronic copy of all worksheets with application.)
2005 Human Services Application (General Funds & CDBG)
Worksheet 7: Program Personnel
Agency: Emergency Feeding Program of Seattle & King C
Program: Emergency Feeding Program
23. Program Personnel: Complete for all personnel that will be paid for with grant award. Expenses listed by City will be utilized to determine Scope of Service for funding awards. List
Cit
0:::""" ¡'¡V::¡IIiVII LV vo::: PèllU IVI uy LIIO::: I tJOlJO:::"LO:::U IUIIU" allu II IV ,...a LO::: IIVVV '"" "'alaI y a"" """""" "^t"""""" "'" "'" ""QI "" "" "'" t'Q"'VltJU""::! V"'V~.
(4) Position Three (5) Position Four
(1) Personnel Costs (2) Position One (3) Position Two Admin/Operations Development
(Salary & Benefits) Executive Director Warehouse Mar/Driver Coordinator Director (6) Position Five (7) Position Six (8) Totals
Expense by 2004 2004 2004 2004 2004 2004 2004
Source 2004 Budget 2005 Est. Budget 2005 Est. Budget 2005 Est. Budget 2005 Est. Budget 2005 Est. Budget 2005 Est. Budget 2005 Est. Budget 2005 Est.
ties:
Auburn 5,300 5,300 0 0 2,650 2.650 0 0 0 2.650 2,650 5,300
Burien 0 0 0 0 0 0 0 0 0 0 0 0
Covinaton 0 0 0 0 0 0 0 0 0 0 0 0
Des Moines 0 0 a 0 0 0 0 0 0 0 0 0
Enumclaw 0 0 a 0 0 0 0 0 0 0 0 0
Federal Way 9,706 10,000 a 3.750 2,856 1,250 2,856 1.250 1.139 3.750 6,850 10,000
Kent 21,250 26,000 0 6,500 7,084 6,500 7,084 6.500 0 6.500 14,167 26.000
Renton 13,440 10,000 0 3,750 4,480 1,250 1,120 1,250 4,480 3,750 10,080 10.000
SeaTac 12,982 0 0 0 4327 0 4327 0 4,328 0 12,982 0
Tukwila 0 0 0 0 0 0 0 0 0 0 0 0
0 0
0 0
0 0
Total $ 62,678 $ 51,300 $ - $ 14,000 $ 21,397 $ 11,650 $ 15,386 $ 9,000 $ 9,947 $ 16,650 $ - $ - $ $ - $ 46,730 $ 51.300
\Í
\
~
No. of
Hrs Per
Position (TItle): Duties: Week Comments by Agencv:
1 Executive Director Oversioht and leadershio 40
2 Warehouse Mgr/Driver Coordinate food oackino. and deliverY of food 40
3 Admln/Ooerations Coordinator Communicate with and coordinate distribution sites and referral aaencies 25
4 Develooment Director Marketino, communications, fundraisino, finance 40
5 . Note that 2004 numbers in Totals cells are not matchina here due to shiftina of
6 staffino structure combined with our ohvsicallack of any of our 2004 record.s.
7
8
(Insert hard copy of completed Worksheet 6 as page ß-9c of application, Submit electronic copy of all worksheets with application,)
Agency:
EFP of Seattle & Ki'
:ounty
Program:
Emf
\ncy Feeding Program
Insert Completed Excel Worksheets 5, 6 & 7 Here:
Worksheet 5: Program Revenue:
Question 21. Program Revenue
Worksheet 6: Program Expenses:
Question 22. Program Expenses
Worksheet 7: Program Personnel:
Question 23. Program Personnel
~ Provide Electronic Excel Spreadsheet to cities requesting electronic files in the supplemental
information from which funding is requested by this application.
24. Program Budget - Administration:
What percentage of this program budget is used for administration (include all
costs related to carrying out activities assisted in whole or in part with grant funds).
[;]
25. What plans does the agency/program have to leverage other funding? Do any funding sources
require a match from a City?
As part of a major capacity-building project completed throughout 2003-2004, the EFP operates with a
strong strategic fundraising/marketing/communications plan. Part of the strategy for 2005 will be
tapping private foundations for grants - an area that has historically represented a small fraction of
EFP's income. While this will help with operational costs for this year, we will simultaneously begin
vigorously rebuilding our database of private donors through several targeted public and direct mail
campaigns and special events throughout the year. Additionally we hope to regain the support of
some of our historic funding sources that have temporarily withheld funds as a result of the recent
situation with the Church Council of Greater Seattle.
\= -2.\
8-9
26. National Objectives for the CDBG Program: Programs must meet National Objective #1 for the
CDBG Program - Activities Benefiting Low- and Moderate-Income Persons. Choose the most
appropriate box below (1 or 2) to show how .the program meets the national objective. Contact the
City for technical assistance if you are not sure which box to check.
1. Area Benefit:
The project must serve either an area which is primarily residential and
predominantly low- and moderate-income as determined by Census
Tract and Block Group data. Contact the City for this information.
~ Required Attachment: Attach a map indicating the proposed project location and
boundaries of the area that will directly benefit from the proposed project. With the
attachment, briefly describe how the boundaries of the service area were determined.
Include the Census Tract and Block Group. Please contact the each City included in
boundaries for technical assistance.
~ 2. Limited Clientele: The project must be limited to serving a predominantly low- and
moderate-income clientele (choose one of a, b, or c)
(a) Agency Maintains Client Information Verifying a minimum of their clients are 51 %
Low/Moderate income per Official HUD Income Guidelines (Appendix A).
~ Attach a copy of intake form used to verify client income and household size
What is the annual percentage of low/moderate income persons served? - o/c
- (b) Presumed Benefit: The facility will exclusively serve (check one):
- elderly persons (over age 62) - battered spouses
- illiterate adults (not ESL) - persons living with AIDS
- homeless persons - migrant farm workers
- abused & neglected children - severely disabled adults
See Appendix E for the definition
~ (c) Nature/Location: Facilities which due to their nature or location can reasonably
be assumed to serve predominantly low- and moderate-income persons (i.e. food
banks, clothing bank, facilities serving residents of public housing)
~-30
C-10
Attachments
Following are all requested attachments EXCEPT:
. Board resolution authorizing submittal of this application (to follow 02/17/05)
. Minutes of last three Board meetings (to be obtained from Board Chair a.s.a.p)
.
Most recent financial audit cover letter (no audit has yet been conducted)
Most recent audit management letter (same as above)
.
.
Most recent year-end financial statement (N/ A)
t:-- 3)
:.:~Appendix 0: Agency Contact Sheet
Please provide the following information for the agency and for the program(s} which are applying for
funds.
Agency Contacts
General
Agency Name:
Address:
City/State/Zip:
Phone/Fax:
Name:
Direct Phone:
E-Mail:
Executive Director
Development Director
(or Grant Writer)
Name:
Direct Phone:
E-Mail:
Name:
Direct Phone:
E-Mail:
Finance/Accountant
(person signing invoices)
Emergency Feeding Program of Seattle & King County-
2615 South Jackson Street
Seattle, WA 98144
Ph. 206/329-0300; Fax 206/860-8200
Arthur R. Lee
206/329-0300
arthu rrlee@emergencyfeeding.org
Rev. Sam Osborne
206/329-0300
sam@emergencyfeeding.org
Arthur Lee or Sam Osborne
same as above
Program Contacts
(Should be personnel who are capable of answering program-specific questions, and who are available April-
August for contact)
Program Name: Emergency Feeding Program of Seattle & King County
Staff NamefTitle: Same as above.
Direct Phone:
E-Mail:
Program Name:
Staff NamefTitle:
Direct Phone:
E-Mail:
Program Name:
Staff NamefTitle:
Direct Phone:
E-Mail:
Program Name:
Staff NamefTitle:
Direct Phone:
E-Mail:
r ~32-
C-36
MEETING DATE:
April 5, 2005
ITEM# ~ ~j
'....-"""""...-""'."-".'.-.".."".""""""'..............,.....,.........-...................,....-...........................".-...-...... ........."."""'...,.,.......,.-,-,......,.-...-,....,-...........,..."'..."".."""'..""...'."'..,...-....",-.....-...-....,................--......."""'.--...,--....,...",.-.........,.,.
.,...'....._,.........,..'......,..,...,......_'.'....,.,........................,..,_...............,...,.............,.
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Purchase of Evidence Bar coding and audit Module for Public Safety Department
CATEGORY:
BUDGET IMP ACT:
IZJ
0
0
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
.....-.-. -""...,...,...,- ,_. ....."..,......,."""...-,-.....-...-...-....",.,..-........,...,-..." ........,.. ,........"""'."'-"'.., ....... -,...-. -, .,...,.....,.....--....'" ,_..... ,. .... ,... ........,_.. -....., ....-.......-... ,...., .,. ..,-........-....."""".'.." ....._,..... ....."'.'. '...... -,.....-., ...., .,..... -,..... ......., -...,.,..............-,...."...-........ .-.......,...-, ,.....-- ."'..""'-'.'........-..-........"'.. ,....,...-....., .-......-.,..., --...-.,...........
ATTACHMENTS: March 15, 2005 Memo to FEDRAC
...,.,........,..--.-.., .-..........-....... ..,.........._,.. ,..............,...,_...,.,............ ..........,.....-...-- ..-,.,-...- -......-....,--...-...............--......""...--, ....,.....-...............,- ,.---.....-..,......-..- -... """'.-"'."'. .......,-,........-... ....--........-- ...-,....-..., ..-.,.--.-......- - -.....""" -....., ......._,-'.......... --,-...-.--,.. --,..._,.,........ ,.. ............... ,_..._,... ,-
SUMMARYIBACKGROUND:
At the March 22, 2005 FEDRAC meeting, the committee recommended that the full Council approve the purchase of evidence bar
coding and audit module This system expands the City's capability to better track and manage the existing items in evidence by bar
coding every item which will reduce the multiple data entry needed when an item is checked in and out also improves the efficiency of
inventorying and provides automated audit trail for each item. The implementation plan is also very timely as the staff will have to
record and track all evidence as we move to the new evidence building later this year.
-,--..,...--...,- ...,_... -........-..- ,........ "'."...-."'...""---'.-"'-.-""'" ....,., ......_....,-,_..... ............,.-.......,.,. .....--- ....-.....- -...,....... .,...,......._, --.- '-.-...................-,............,.-...... -.--...... ,....... ....,.--,.....-...,...,.......,....,-...... ,.....-................. -......----..,....,........ -,_._,.. - ......-.- _...-.- "."-"-..-."",,,.,,, -. .""-'---""'."""'-..-.-""
CITY COUNCIL COMMITTEE RECOMMENDATION: FEDRAC recommends full Council Approve purchase and
implementation of evidence bar coding and audit module.
...,.--...-........ .,...... ,_.. .......-.,.-..............,....... '...""....."""""""-""'_............--""". ...... ,.- -..'" ........- .""'.""--'-.--..., ...,_...,.. ,...... '-.""-"'--""".-""'-."'..-.'.. ,....,--......- -. ,...,- ...,.. ,. ""._'-'-".."""-""'_.'" ..........-....,. ,.... ..........,-.......,.........., -_. - ,......., -......,. .......--_...,.. ,- "".""""--'.---"""'----"-.-"" .... ...-......,.......................,-..-.
PROPOSED MOTION: Approve purchase and implementation of evidence bar coding and audit module for $25,707.00, funded
by excess PS replacement reserves, asset forfeiture, and traffic school as detailed in the March 22, 2005 memo to FEDRAC
(Attached).
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 #
...... -.."'.. -,...-.
-"'-
.-. --...- ---
FORM REVISED - 0511012001
CITY OF FEDERAL WAY
MEMORANDUM
Date:
To:
Via:
From:
Subject:
March 15, 2005
Finance, Economic Development and Regional Affairs Committee
David H. MoS~anager
Mehdi Sadri, Infonnation systems Manager 6/
PS Evidence Bar Coding and Audit Module
Background
Currently evidence inventory and management is done through a combination of paper and electronic tracking
through the evidence module, which was purchased in 1996 as part of the City's record management system
(SPILLMAN). Our current Property/Evidence facility holds over eighty eight thousands of items of evidence and
recorded in the system. These items are subject to random audits, and a number of evidentiary requests; for example
drug and fmgerprint analysis at state and regional laboratories, discovery motions and active prosecutions.
The number of items in our inventory has constantly been increasing and so has the evidentiary requests.
Additionally, In June 2005 City's new evidence building will be ready to move into and as part of the move it will be
necessary to physically inventory each piece of evidence in our vault then appropriately document the move from the
current building to the new facility.
Statfhas evaluated the evidence bar coding and audit module from Spillman systems and believes that with the
enhancements in bar coding and the upcoming move this is a perfect opportunity to update and advance our
inventory processing system. The evidence bar coding allows the evidence technician to print barcode labels and
scan those labels to track evidence easily. The Evidence Auditing Interface allows the technician to use a portable,
handheld bar code reader to inventory and audit the evidence room and to move evidence to new locations. The
overall impact is improved staff efficiency and more exact inventory and audit system
Request
Staff is requesting approval to purchase and implement the evidence bar coding and audit module. The total cost of
the system is $25,707.00 which includes the additional software, hardware, installation, training and fust year
support.
Funding
Recommended funding source for the project is $9,000 from excess PS replacement reserves fund, $9,000 from asset
forfeiture fund, and $7,707 from traffic school fund. Ongoing support and maintenance costs after the first year is
estimated at $2,500 per year which will be funded through Public Safety Operations budget.
Implementation plan
. Council Approval April
. Purchase May
. Installation/training May
. Inventory / bar-coding June
. Move to the new evidence building July.
COMMITI'EE ACTION: ApPROVE THE PURCHASE AND IMPEMENTA nON OF EVIDENCE BAR CODING AND AUDIT MODULE
AND FORWARD TO FULL COUNCIL WITH THE RECOMMENDATION FOR FINAL APPROVAL.
-..'.'....]
Jed/JAÁ~~/-cf:j/_-
CommitteeM""It"... ..
Dc u ~ - þ¡¿rrl'
G:\FEDRAC\FINCOMMT\2005\0322\PS-EvidenceSys.doc -p I
~s-
MEETING DATE: ~2005
....,...-..,...,...,...,...........,.,-,..-...............,.....,...,-....................
..,.,.........,................"....,......
........,..,......-,.-...,...............,.......,..........,.....,........,......................-,-.,.,.,.,.,
ITEM# ~ )
,...,.......,.,...,....,....,...........,.......,.,..................,...,_.........,............................
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
2005 Carry-Forward Budget Adjustment
CATEGORY:
~ CONSENT
D RESOLUTION
D CITY COUNCIL BUSINESS
BUDGET IMPACT:
[g ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
,..""-",--"""..".."""""",.-.----,-."""--,-,.-".--,,,,,..-...........-.--.-....,-...........-...-..--.--.--..--.-...-..........-'-."'-"..'..........-......,..--.,-.................-......................,..........-.-.....,.....,.,.....-,......'....."'.-""'...'
..~JT ~~!!~~~...!~:....~1:1~~~t._~~J\!...~-~ en~.......s u~~~ry, M em ?..,...~~~9Edin~~~~.._............,..........._._......._............."".".-.-'-."""'-.'.-"'.."'--'.'...
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."
c~~;;;:~~;~ ;:~~-~...- -.--..---- .m..-
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
,b! TABLED/DEFERRED/NO ACTION
~ MOVED TO SFíCO. ND READING (ordinances only)
.~. 4/S/DS-
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
3¡'~
3/Ís/OJ
.
REVISED - 05/1012001
CITY OF FEDERAL WAY
MEMORANDUM
Date:
To:
February 16, 2005
Finance, Economic Development & Regional Affairs Committee
David MOS~anager ~, . ( /' ,/
Iwen Wang, Management Services Directo¡L¡IC ~tlJÎ j\l,
Carry Forward Budget Adjustment Ordinance
Via:
From:
Subject:
Backe:round
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 ~
restore a majority of the city manager's contingency, and $356 thousand in one-time items as listed below for Council funding ð
consideration. ~',w AÇ)i~¡no,..~L .~
. Provide $2 for Uninterruptible Power Supply (UPS); - "-dU-'. 'fi;' 9"'~'?IC í~""f/
. Provide < 7K for Annexation Census ----í() CI/\I ¡.'o'\.(t:T\J'^'1~(l ~().N I 1~<j f¡f)Ði1'l(' I "\;'....~\.~c¿'\1'<':'N
. Provide $250K 'fur conmnölÌl)' ...dlÌGll!fPjl:rt m""'1gemcnt, . r'hC ,'...... 1t;,400..l.. (; J" ç
. Provide $8K for CALEA reaccredidation; . 'ft.; , , '....
. 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 $llK 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 ofGAC 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 $35,650,135 to the full Counci
APPROV AL BY COMMITTEE:
Committee Chair
k\fin\biennial\ordinanc\2005 carryforward memo. doc ;
CITY OF FEDERAL WAY
2004 RESULT OF OPERATIONS
GENERAL & STREET FUND ONLY
I Variance
I !
\ As of Dec~~be!~1, 200~____~___Favora~J~jYnfavor~bJ~)
¡ Annual Budget Actual ($) (%)
Sources/Uses
Beginning Fund Balance
$
!
8,109,614 ¡ $
Operating Revenues
Property Taxes 8,107,771
,---_,_,__m____m____- ,- -----
Sales Tax 10,835,153
Criminal Justice Sales Tax 1,714,051
Intergovernmental 2,233,623
Gambling Taxes 1,850,000
------
Court Revenue-Fines & Forfeitures --1------- 1,275,975
Building Permits/Fees-CD 1,194,009
ROW Permits/Fees-PW 377,296
----------,
Licenses 142,100
Franchise Fees 653,062
Recreation Fees 934,950
-----
Interest Earnings-General Fund 288,170
Admin/Cash Mgmt Fees__u__----- 542,000
Police Services 1,011,899
- ------
Miscellaneous/Other 118,710
Transfer Utility Tax for Bond Project M&O ' 182,852
Transfer In From Utax for KJP 309,000
----
Transfer In From Utax for Celeb Pk 231,843
---- -----
Grants/Contributions 36,931
Total Operating Revenues 32,039,395
Operating Exp~n~i!~~es _n--___n_-
City Council 305,038 '
-"-' --
City Manager 924,753
Municipal Court-Operations 1,441,066
- --,-
Management Services 2,129,473
Civil/Criminal Legal Service~ - 1,427,44 7
Comm. Development SVC5 --e--- 3,720,212
Police Services 16,075,115
Jail Services 1,384,060
Parks and Recreation 3,942,762
c--- ,---
Public Works 4,046,049
n__-'---
Contingency 156,836
---,--- ~
Transfer to New City ~§II CIE'... - 663,370 ---
~;:n~:~~:I~~~MC6PLease Savings DSF:_-=-+ ~ ~~:~~~-~
Transfer to S. 336th @ 1st Way S c~--~j-- 160,000
Transfer to S. 314th @ 20th S-23rd Av ~ 45,000
Transfer to SR99 HOV LarlesPhasem ~-4--n____~- 750,000-
Transfer to South 356th: 1 st Av S-SR99! 1,120,000
rrotal Operating Expenditures I 38,551,180 !
8,109,614 ! $ (0) 0.0%
B"21,oæL 13-:317L -0:2',\
-10,546,218 (288,935)-- --- -2.7%
1,648,046 (66,005) -3.9%
---
2,231,610 (2,013) -0.1%
--...
1,442,004 (407,996)- -22.1 %
1,207,303 (68,672) -5.4%
1,658,586 464,577 38.9%
339,366 (37,930) -10.1%
--
177,445 35,345 24.9%
---
700,714 47,652 7.3%
839,796 (95,154) -10.2%
n-
156,640 (131,530) -45.6%
----
541,495 (505) -0.1%
---
1,272,651 260,753 25.8%
259,664 140,954 118.7%
- -
182,853 1 0.0%
283,910 (25,090) -8.1 %
231,843 - 0.0%
---
142,654 105,723 286.3%
31,983,888 755,50711 -0.2%
_n__n
_,__n-
-
- __n .. I
_____(1,275)!
93,819
50,107
101,8~4
200,795
319,728
49,151
172,530
108,221
331 ,480
156,836
_n,-
306,312
830,934
1,390,959
2,027,579
1,226,652
3,400,483
16,025,964
1,211,530
3,834,541
3,714,569
663,370
100,000
160,000
~60,OOO
45,000
----
_----.l?O,OOO
1,120,000
36,967,894 ,
-0.4%
10.1%
---------
3.5%
4.8%
14.1%
8.6%
--
0.3%
----
12.5%
-,-----
2.7%
--
8.2%
1 0Qõ%
------c-
---- ---- 0.0%
- 0.0%
m_-:___--£:.. ~~-~
---- --:-~t=~=-J~~~
- i 0.0%
1,583,286 i 4.1 %
;
Oper Revenues over/(under) I ! ¡ ,
Operating Expenditures (6,511,785\ (4,984,006\[ 1,527,779 ; -23.5%
Ert~i_l1g Fund Baléin<;e.- - - 1,597,829_: 3,125,608- 1,52!,779 ¡ 95.6%
~;:i~:~t~~::~~~~~get -=--:-!- - -;0.0:: I ~ 10.0~t - - J =_-: ~
-t~~::~~~---===--===l~- 1,1~~:~~~-~r=--~}~~:~~~-1,5~;~7~----10~J~
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...................................................................
Citv- 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 Manaaer
City Manager's Contingency-Partial Restore..............................................."""""""""""""
Municipal Court
Municipal Court-Increase Ongoing Probation Expenditures (Revenue).......................................
Economic Development
Lifestyle CenterlEconomic 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): RecruitmenVAdvertising Costs for 3 New Officers.....................................
Parks & Recreation
Arts Commission Contract-Balance.........................................."""""""""""""""""""""
Parks Repairs & Maintenance-Delayed Maintenance due to New City Hall Project........................
New-Comr;r;¡1 tr:1ity C8Rt8r Pn~j8&t MaRa~8FReAt.~()..C.l1V..,~1Jtn1ßbe~.c.àNIJ.{(j.~ØJ,Çý"....
Public Safety (6fÆ MGYV\O ftll<- fi:1)K¡{ c. fJ,f)PROV/fL ')
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 ConferencelOnsite 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/EquipmentlSupplies)-$1750 each..........
Annexation (Ongoing): New Patrol Vehicle M&O (Gas $2K, R&M $2K, Insurance $1K)..................
Annexation (Ongoing): New Patrol Vehicle Replacement Reserves, Based on 5 Year Life..............
Annexation (Ongoing): NewVRM/Laptop-Replacement Reserves, Based on 5 Year Life...............
Annexation (Ongoing): New Radios-Replacement Reserves, Based on 10 Year Life.....................
Annexation (Ongoing): New VRM/Laptop/Radios-M&O Expense-.............................................,
Annexation (Ongoing): 3 New Officers-Salary (E step)/Benefits (28%).......................................
Annexation (Ongoing): 3 New Officers-Supplies $1.5K1Travelrrraining $3K1Uniform $1.5K.............
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.....................................
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 2005's Estimated Grant Expenditures & Replace with Actual.......................................
Waste Reduction & Recycling Grant Balance...... ................. ......................................... ........
CPG Grant Balance...............................................""""""""""..............................,......
Local Hazardous Waste Management Program Grant Balance.................................................
SpecmIStud~slConúac~
Government Àccess Channel Capital-Balance........................................"""""""'........,......
HoteVMotel 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..........................................
City Facilities CIP:
New City Hall-Project Balance...............................................................,...........................
Community Center-Project Balance """""""""""""""'...................................,""""""""
Parks CIP Fund:
Corrections-Charge 50% 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 325th 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.................... .................
2005 Carryforward.xls 05_06 list 2/18/2005 7:44 AM
2005
2,600
5,250
5,000
6,200
1,200
1,100
2,500
227,174
6,000
18,354
45,144
50,000
2,210
8,000
22,560
66,032
250,000
(133,800)
79,811
72,292
22,933
35,153
175,196
262,151
(38,015)
2,765
73,407
75,000
1,481,098
19,113,801
44,252
70,856
160,000
(7,977)
253,830
62,243
10,000
17,643
6,907
506,077
779,171
155,970
1,286,354
286,909
96,319
711,000
Dept Total
539,207
146,268
66,032
250,000
41,236
35,153
175,196
262,151
113,157
20,594,899
617,754
3,014,481
2 of3
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 SWISW 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.............. ............................ ......,..........................
Surface 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....................................................................,.........................
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): New VRM/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-..................................................................
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
6,368
31,234
13,210
(305,256)
39,090
344
(3,839)
112,276
14,436
154,997
100,000
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
Dept Total
7,116,982
(254,444)
417,304
21,000
527,970
214,477
Grand Total
$35,650,135
$35,650,135
2005 Carryforward.xls 05_06 list 2/1812005 7:44 AM
3 of 3
DRAFT
;>../ À5 / ð ~-
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 of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis
ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
ORD.#
,PAGEl
Section 3. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affinned.
Section 4. Effective Date. This ordinance shall take effect and be in force five (5)
days from the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this
day of
,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:
EFFECTNE DATE:
ORDINANCE NO.
K:\lfmlbieIU1iallordinancl2005 carryforward ordinance,doc
ORD.#
,PAGE 2
Fund
-... -
Gen~~Fund
-. .. ..,_..,
Special~evenue Funds:
Street
Arterial Street
-.-., --
UtiliY Tax .'--
Solid w.astelRec:.ycling .
Sp~cial C°r1~racUStudies
HotellMotel Lodging Tax
2% for the Arts
Grants - CDBG
... ,.
Paths and Trails
Debt Service Fund
C<ll?~tal Proj~_ct Fun~s:
._--~_ity Fac:.ilities
Parks
SWM
Streets
. . -
Enter )rise Fund: ..,,--
Surfa_ce Water- Manag~ment
Dumas Bay Center
Internal Service Funds;
....-.. -.
Risk Management
In!?rmation Systems
S~P"port S~rvicesm
Fle_~t& Equipment_-
Buildings & Furnishings
Grand Total All Funds
Adopted
Begin Bal
.. ,-_. -.
$ 1,497,837 $
100,000
954,260
94,284
5,289
5,531
2,897,555
776,464
2,646,866
-. , .. .
1,606,409
347,314
3,943
4,039,139
.,_._,. --.,
1,544,756
111,501
2,143,332
108,785
$
18,883,265
EXHIBIT A
2005 REVISED BUDGET
Revenues & Other Sources
Adopted Change in Revenue
Revenue Fund Balance Adjustment
30,696,787 $
3,743,569
. ..--
1,481,008
.,...,- .
7.527,399
301,501
150.000
877.572
3,397
6,322,273
345.000
2,032,561
" -----
4,556,050
3,588,215
. .--
723,665
990,729
..,.-' -,.-.
1,586,229
-- -.
177.603
,--_. .
1,174.007
419,335
$66,696,900
1,527.780 $
0
66.032
141,318
30,885
29,864
175,196
., .._--,
262,151
76,172
98
37.863
19,794,899
395,621
3.629,753
...._,_. n__._..,
9.824.960
59,002
424,361
74,952
561.692
,._,- ,.----
85,459
-- ,-,._---
261,439
(1,600)
$37,457,899
462,740 II $
146.268
41,236
36,985
5,965
800,000
236,873
__1~.42,30~..--
2,011,965
21,000
429,750
72,325
$4,122,806
k:\fin\biennial\ordinanc\2005 Carryforward.xls ordinance 05 2/18/2005 7:45 AM
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
9,257.691
20.594,899
1.753,958
8.166,879
17,999,384
3,994,531
1.151,969
5,125,820
4.122,427
374,563
3,651,103
526.520
$127,160,870
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
952,000
. ...-.--.
3.733,726
,-.--...-, .,
4,333,417
3,510,724
723.665
965,729
1,471,510
183,870
904,573
366,063
$69,086,834
2.290,520 II $
146,268
66,032
41,236
35,153
175,196
262,151
113,157
250,000
20,594,899
617,754
3,014,481
7,116,982
(254,444
417,304
21,000
527.970
214,477
$35,650,135
33,815,71511 $
3,889,838
1.547,040
7.735,400
386,921
35,153
325,196
262,151
990,729
6,333,127
., .-
20.594,899
1.569,754
6,748,207
11,450,399
3,256,280
1,140,969
986,729
1,999,480
183,870
1,119,050
366,063
$104,736,96911 $
369,430
100,000
0
887,577
80,985
0
0
0
14,991
------
2,924,564
. . (0
184,204
1,418,672
6,548,985
738,251
11,000
4,139,091
2,122,947
190,693
2.532,053
160,457
22,423,902
Adopted
Begin Balance
General Fund
669,429 $
$
---
EXHIBIT B
2006 REVISED BUDGET
"""""f'U","" '" umc¡,r ""'UI"""
31,330,354 $
¡SpeCial Revenue Funds:
Street 99,999 3,808,260
~----
f--!-rterial Stre~_- - 1,502,519
Utility Tax 746,259 7,639,498
Solid WastelRecyciing. 50,100 303,217
Special Contract/Studies 5,289 -
t__HotellMotel Lodging Tax-~ ----"---- 150,000 ---
2% for the Arts --
~_.,------ ------~-"'-
Grants - CDBG -
I---_.._----~-- - - -----..
Paths and Trails 8,928
. --- -- -.- -_.--
I=--:-:-..---~_.-
Debt Service Fund
3,136,701
ICaPital-pro¡ectF~nds:
City Facilities --
t!,arks_- -- ----11---
SWM
Streets
un--
169,464
945,701
----
1,829,042
-------
747,398
3,441
5,965,861
-
779,000
779,291
17,209,625
IEnterp"ïSeFUí1d:-
Surface water.,. Manag.e.ment 11--424'805 3,618,549
- Duma~ Bay Center --- - 3,943__- 735,118
f---'-----
Internal Service Funds:
Risk Management
Information Systems
Support Services
Fleet & Equipment
~iìdings & Furnishings
4,064,139
1,659,475
105,234
2,412,766
162,057
--
Grand Total All Funds
$
16,493,331 $
1,058,045
1,552,437
177,603
1,176,330
427,927
7Q 01:A. A.7'2
2005 Carryforward.xls ordinance 06 2/18/2005 7:45 AM
-
(299,999) $
1
0
141,318
30,885
(5,289)
0
0
6,063
(212,137)
..J()l
14,740
472,971
4,719,943
313,446
7,057
74,952
463,472
85,459
119,287
(1,600)
~I: 0'211 1:711
341,17411$
-
5,618
(89,OOO)!
(75,195)
2,927,025
389,000
1,000
15,000
11,200
~'2 I:?I: D??
32,040,;):;1\ II $
-
3,908,21;;)
1,502.:':9
8,527.í!h
384.202
--.~-,
-
-
-
-,
-
--
-
150 oau
-
-
747 :I!iH
24.(;::;;
--
-
8,890A?:-
--
(OJ
874.20,1
2,122.1Gc
26,6856:\::
-
,-'
-
4,356.800
1,135.111:
-,
-
5,198.;J~
3,690.:;84
368.2!J5
3,719.!;!ß
588.3!H
-
~1nA. 014 107
31,689,784 $
3,808,259
1,502,519
7,416,360
349,313
!i
341,17411$
-
-
747,398
150,000 -
..----------
-~----
5,278,856
794,000
1,559,485
18,532,417
3,693,744
735,118
1,033,045
1,467,261
171,870
948,896
374,655
$80,252,980
-
- -----
-
(20,000)
-
10,730
4,084,886
(75,195)1
400,000
1,000
17,500
24,875
$4,784,970
32,030,95811 $
---
-
3,808,259
~,""'."
1,502,519
7,416,360
349,313
-
-
-
--
-
150,000
-
-
747,398
-
10,000
-
100,000
0
-..-....
1-- 1,110,715
34,889
--_.,----
0
-----_..~
0
-..
,-,..
-
-
-
0
24,050
---
--.--
5,258,856 11-----3:631;569
------
----
- (0)
804,730 69,474
1,559,485 563,283
---,._, ----
22,617,303 4,068,332
-,- ,-,..,------
-
-
3,618,549
-~ .
1,135,118
..---
-
1,034,045
--- -
1,484,761
171,870
973,771
- ,_n,
374,655
-
$85,037,950 11$
738,251
0
4,164,091
---
2,205,623
----
196,426
----
2,745,812
213,729
---
19,876,245
MEETING DATE:
d;~A ( ¡J S-
(.1'~ 2005
ITEM# :rz= G- )
.....................,....,.._,...,.
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Proposed Olympic Pipe Line Company Franchise
CATEGORY:
~ CONSENT
0' RESOLUTION
0 CITY COUNCIL BUSINESS
BUDGET IMPACT:
[g ORDINANCE
0 PUBLIC HEARING
0 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 terms of the proposed franchise are as follows:
1. Equipment. The franchise would permit 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 permits. Olympic will pay an annual fee of$7,500 for the first 3 years, then an increased amount
determined by the Consumer Price Index for the Seattle-Everett Metropolitan Area for the remaining years of the term.
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 term 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 Voice Stream (for wireless facilities).
5. Bond. The proposed franchise requires Olympic to post a bond in the amount of $1 00,000 for the term 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: "} move the proposed Franchise to second reading and approval at the next regular meeting on
AprilS, 2005"
CITY MANAGER APPROVAL:
-Y'N\
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
~ M9~D TO SECOND READING (ordinances only)
~fSI DS
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
3(p)
3/¡5/0S
,
K:\AGNDITEM\2005\Olympic Franchise
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 Attomey~~
TO:
VIA:
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 terms of the proposed franchise are as follows:
1. Equipment. The franchise would permit 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 permits. Olympic will pay an annual fee of
$7,500 for the first 3 years, then an increased amount determined by the Consumer Price
Index for the Seattle-Everett Metropolitan Area for the remaining years ofthe term. 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 term ofthe 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).
EI
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 of the 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¡;df----
APPROVAL OF COMMITTEE ACTION:
Committee Chair
K:\agnditem\fedrac\Olympic ordinance
£2-
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,, """""~ 101
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, 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.
WHEREAS, Olympic Pipe Line Company (hereinafter "Franchisee") has applied for a
nonexclusive franchise 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
ffanchises 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 ORDArN AS FOLLOWS:
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
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which Franchisee holds a private easement, license or other private property interest for its
facilities) during the term of this Franchise in which case the annexed area shall become
subject to the terms 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
form 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- W ay 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
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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
terms 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 (subject 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
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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.
Tenn.
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.
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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
Infonnation System ("GIS") technology, Franchisee shall submit the infonnation required in
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Subsection 7.1 above, to the extent it is available, in digital GIS fonnat, 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 perfonn 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 detennined to preempt local or state
laws. This requirement applies whether or not the work is performed by the Franchisee, its
agents, employees, subcontractors, or other third parties at Franchisee's direction.
Section 9.
Requirement to Obtain Permits.
9.1
Permits and Pennit 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
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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 ftom 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
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long as: (1) Franchisee informs the City of the nature and extent of the emergency, and the
work to be performed, 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 permit 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
permit review and to process any associated permit requests within 3 business days, if at all
possible.
Section 10.
Standard of Performance.
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 permanently 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 permit. Final surface restoration shall be completed within thirty (30) days and shall
be equal to or better than the surface condition prior to permit issuance.
10.2
Any asphalt overlay completed within the Franchise Area during the five (5)
year period immediately prior to the date of permit 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 determined by the Director.
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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.
Survey 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 tlI-
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 information 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 determines 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 iY
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 detennines 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 detennining 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
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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
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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 all 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 mutually 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
Ell
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 Ël?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 will 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 will be as required by applicable regulations.
19.3
Franchisee shall cooperate with City and respond to protect public health and
safety in the event of a pipeline emergency. Franchisee warrants that it will 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 Termination.
20.1
Franchisee shall be in compliance with the terms of this Franchise at all times.
The City reserves the right to apply any of the following 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 terminate this Franchise if Franchisee materially breaches or
otherwise fails to perform, comply with or otherwise observe any of the terms of this
Franchise, and fails to cure or make reasonable effort to cure such breach within thirty (30)
17 Ell
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/Ó
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
ELI
(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 V.S.C. § 6901 et seq.; the Comprehensive
Environmental Response, Compensation and Liability Act, 42 US.C. § 9601 et seq.; the
Hazardous Materials Transportation Act, 49 U.S.c. § 1801 et seq.; the Federal Water Pollution
Control Act, 33 V.S.C. § 1257 et seq.; the Clean Air Act, 42 US.c. § 7401 et seq.; the Toxic
Substances Control Act, 15 V.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide,
Rodenticide Act, 7 US.C. § 136 et seq.; the Washington Hazardous Waste management Act,
Chapter 70.105 RCW; and the Washington Model Toxics Control Act, Chapter 70.1O5D,
2 0 f: 2;1.....
RCW; al1 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 tenD shal1 specifical1y include petroleum and petroleum
products. The tenD shal1 also be interpreted to include any substance which, after release into
the environment, will or may reasonably be anticipated to cause death, disease, behavior
abnonnalities, cancer, or genetic abnonnalities.
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 E7L3
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 E ¿ ~
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 r 7~S
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 permitting 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 Performance Bond in the amount of $100,000 (one hundred thousand dollars) and
in the form attached as Schedule II that shall remain in effect for the term 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 Performance Bond is determined to be inadequate to
ensure performance of a project, Franchisee shall post any additional bonds required to
guarantee performance of the Construction or Maintenance of Franchisee's Facilities in
accordance with any permits 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 Þ: 2..\0
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 harmless
from any claim or judgment including any penalties or costs under RCW 42.17.
25 E 'Z..- ì
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 Ë'lß
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 f.Lj
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
detennination, 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) detennined 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 refonn 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 perfonned, such time
shall be deemed to be of the essence, and any failure to perfonn 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 perfonnance of any of
its obligations under this Franchise by reason(s) beyond the reasonable control of Franchisee,
then Franchisee's perfonnance shall be excused during the Force Majeure occurrence. Upon
removal or tennination of the Force Majeure occurrence the Franchisee shall promptly perfonn
the affected obligations in an orderly and expedited manner under this Franchise or procure a
substitute for such obligation or perfonnance that is satisfactory to City. Franchisee shall not
28 ~ 7f1;)
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 aU 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
e3J
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.:
ACCEPTANCE:
K:\Olympic Pipeline\Draft Franchise Docs\2005 Drafts\Draft Franch 2.1,05
30 e.37-
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
,20-
OLYMPIC PIPE LINE COMPANY
By:
Name:
Title:
Subscribed and sworn to before me this
day of
,20_.
Notary Public in and for the
State of (Washington/Oregon)
My commission expires
Received on behalf of the City this
day of
,20_.
CITY CLERK, N. CHRISTINE GREEN, CMC
31 ~ 33
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climits 105
Olympic Pipeline
Interstates
State_Highways
Streets
Rivers
I County Boundaries
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 no/1 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 ~35
performed thereunder or the specifications accompanying the same shan 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 terms of the Agreement or to the Work.
Within forty-five (45) days of receiving notice that the Principal has defaulted on an or part of
the terms of the Agreement, the Surety shall make a written commitment to the City that it win
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 shan 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 shan notify the Surety of its actual costs. The City shan 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 shan 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
,2O_.
CORPORATE SEAL OF PRINCIPAL:
[PRINCIPAL]
By:
(Name of Person Executing Bond)
Its
(Title)
(Address)
(Phone
34 ~;,\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
35 ~-¿I
¡;iÆ!J'f s-
MEETING DATE: '7~ 2005
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-_..._[~~M# ~..
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Convert the Appointed Municipal Court Judge Position to an Elected Position
CATEGORY:
~ CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
BUDGET IMP ACT:
[8] ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
...-.............--.................-.....,..........,.......,.......,.,......,.."......,...,..."",."......,..,.,...""""'-"'-""""""""""""""'"........,.........,............"...,.....,.'-....".....,..'"
'-"-""""""""""""""""'-...,..-"'...................-.....-' ..'.. .... ,
, ...........'...,....,......."""..,......""...."........'-.....,....... ..'
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.
,............-,..--.....-.....,...,""'....mm.....'.' ....., .....,.........-.........,...,---,....,.--.-....,--.......--.......-.....,.-....""..."""'...." ..... """""""""'..-""""""""-"""",,-""-""'-.....""""""""....."'"-, .....' , .. ,...."'" ..""""""""'-,...-"......--"'"""""""",""".......,...,.-"..........'"
SUMMARYIBACKGROUND: 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 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 I, 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 (I) 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 his/her term on
January 1,2010.
-"""""""""-....,..,-,,,"..,....."- . ,
""""","""""""""""-""'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: "I move the Ordinance converting the municipal court judge position to a full time elected
position to 2nd reading at the AprilS, 2005, City Council meeting.
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 T ABLEDIDEFERREDINO ACTION
»{ I¥RYFD TO SECOND READING (ordinances only)
l(J[ ðS(f)
REVISED - 05/10/2001
K:\AFNDITEM\2005\judicial election agendabill.doc
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
~%s
5.J.-
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
March 7, 2005
TO:
Parks Recreation, Cultural Services and Public Safety Committee
David H. ~anager
Patricia A. Richardson, City Attorney fWL
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 January 1, 2006?
Back2round:
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:
(I) Each full-time equi valent judicial position shall be filled by election. This
requirement applies regardless of how many judges are employed to fill the
:J-\
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
(1) through a resolution as directed by Council, or (2) at the time of the mid- biennium
budget adjustment.
Options:
Draft Ordinance
(/-;~~i~~ ~~~~'-~ommend approval of the proposed Ordinance and forward to full Council
'-- /
""-for consicleratiôn.
Option Two. Suggest modifications to the proposed Ordinance and return 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.
C-õ~~~Fi~~~irect staff to draft a resolution establishing 'i 0 number of judicial hours
.. co_mencníg January 1,2006.
Option Six. 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 Land S to the full City Council for approval at the March 15,2005
City Council meeting.
-=C--'L
II APPROVAL OF COMMITTEE ACTIO/y';-'"
II
7r~~
Committee Chair Committee Member
K: \agnditem \2005\prhsps\municipal judge3-l4
-X--3
~
Committee Member
2005 Judge/Commissioner Wage and Benefit
Position
FTE
--~-~ --
Base Wage
In-lieu of benefit
Total Wage
81,506
22,822
104,328
46,505
13,021
59,526
128,011
35,843
163,854
K:\municipal court\elected judge wage-benefit
104,328
46,505
13,021
59,526
104,328
150,833
13,021
163,854
, i
I i
I I
130,410 I 34,103 I
9,549 ~
43,652 I
130,410
164,513
9,549
174,062
:s-
\
\\
5,7-
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
February 7,2005
VIA:
Parks Recreation, Cultural Services and Public Safety Committee
David H. ~anager
Patricia A. Richardson, City Attorney ç~
TO:
FROM:
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 confinnation by Council, to an elected position
for the voters to decide in the 2005 fall election?
Background: The Municipal Court was fonned 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 comp~titive 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, Judge David Tracy was appointed, with Council's
confinnation, for a tenn of January 1, 2000 to December 31, 2001. Judge Tracy was
again appointed for a tenn 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 tenn of January I, 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 forfcrtt ?~~
G:-ettmil consideration at March 1>5, 2005 City COl:lflcil ffiocting.
~,\1~--- '~12cv~ v-v-J-~\"G.-\ ~"'\\ ~\.~\ ~s\J(,-¿.-t~'î
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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.
K: \agnditem \2005\prhsps\rnunicipal judge
-:J r- 4,
--.,r
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 years.
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 confinns 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.
K:\Municipal Court\ Municipal Court Judge
-¡-l
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 term 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 term." FWCC 2-3ll(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 1 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 court judge position on the ballot title. However, as a general rule the Auditor
requires proof, usually in the form of a resolution or ordinance, that the City Council has
authorized the ballot proposition.
'~-'6
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 formally 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
"J,-,
DRAFT
ORDINANCE NO.
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).
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 aft 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 of the 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. Pursuant to RCW 35A.13.080, this appointment is
subject to confinnation by the city council.
ORD#
, PAGE 1
(b) Term. 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 manager shall make an appointment of a judge for a term 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. Effective January 1, 2006, the municipal court judge shall be a full time eJected tJosition
of forty hours per week. The relevant election \-vill be held during the general election in the fÌlll of
200'5. Appoi ntments, if appropriate, for each term thereafter shall be made on or before December
1st of the year next preceding the )'€ar in \vhich the judicial term commences.
In the e'.'ent that the judicial position becomes a ful1 time equivalent position as defined in RCW
3.50.055 as it no':\'" e~s or may hereafter be-ame-Htied,an election shall be conducted the year
preceding the expiration of the appointed tennThe tenn length and frequency of elections will
proceed as required under RCW 3.50.050 as it now exists or may hereafter be arncnded.
(c) Judicial qualifications. At the time ofthe 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 3.50.0ìO as tt-they now exists or may hereafter be
amended, when in the judgment ofthe 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 tem who
shall serve in absence, disability, or disqualification of the regular judge of the municipal court,
subsequent to the 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 tem 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
ofthe city. The judges pro tern shall meet the qualifications required for the position of judge of the
municipal court as provided herein. Before entering upon judicial duties, each judge pro tem shall
take, subscribe, and file an oath in the same form 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 tern, 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 ofthe unexpired term. The appointment
shall be subject to the confirmation ofthe city council. The appointedjudge shall be qualified 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 performing the duties ofthe office;
provided, that a municipal court judge is also subject to disciplinary actions by the commission on
judicial conduct and the Supreme Court, as described in Chapter 2.64 RCW.
,PAGE 2
ORD#
(h) Oath. Every judge of the municipal court, before entering upon the duties ofthe office,
shall take and subscribe the following oath or affirmation:
"I do solemnly swear (or affirm) that I will support the Constitution of the United
States and the Constitution of the State of Washington, and that I 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 ahd city for the
faithful performance of the judge's duties as may be required by law or city ordinance.
G) 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 may be executed by the city and the appointed judge. (Ord. No.
99-339, § 1,3-16-99; Ord. No. 01-397, § I, 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 ofthis
ordinance or the invalidity ofthe 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 ofthis ordinance is hereby ratified and affirmed.
Section 4. Effective Date. This ordinance shall take effect and be in force five (5)
days from and after its passage and publication, as provided by law.
ORD#
,PAGE 3
PASSED by the City Council of the City of Federal Way this - day of April, 2005.
CITY OF FEDERAL WAY
MAYOR, DEAN McCOLGAN
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
k:ordin:2005/judicial election.doc
02/23/2005
ORD#
, PAGE 4
MEETING DATE:
April 5, 2005
ITEM# .~
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
CITY CENTER ACCESS STUDY FINAL BRIEFING #6
CATEGORY:
BUDGET IMPACT:
r8]
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 March 21,2005.
SUMMARYIBACKGROUND: The City of Federal Way, in conjunction with project partners, Washington State
Department of Transportation (WSDOT), Federal Highways Administration (FHW A), Puget Sound Regional Council
(PSRC), and the additional supporting agencies (the "Core Support Team") performed a feasibility study to determine
viable access solutions to the safety issues and the congestion at the interchange of S 320th Street and Interstate 5 (access
to Federal Way City Center).
The interchange is experiencing significant congestion many hours of the day and is currently at capacity. If a successful
and viable access solution is found, Federal Way will proceed in developing an Access Point Decision Report (APDR) to
submit to WSDOT. With City and State approval, the report would go to the FHW A. An APDR is the initial step
required by FHW A before changing an interstate highway interchange.
This briefing is the final in a series of Land Use and Transportation Committee (LUTC) briefings. This sixth and final
update is the request for an approval of the preferred options for further evaluation. The final request is for the direction
:trom the City of Federal Way City Council required for a step forward to an environmental study to move forward into an
APDR.
Briefing #1 presented the Public Involvement and Communications Plan, the Project Work Plan, the Purpose and Need
statement, the project issues map, and the study area of the project.
Briefing #2 was presented by CH2M Hill, the engineering consultant, and provided an update from project
beginning to the development of 47 options (project alternatives) in this project study.
Briefing #3 presented 15 options retained for further evaluation, analysis, and scoring.
Briefing #4 presented 5 options retained for further evaluation, analysis, and scoring. Presented during this informational
session were issues and concerns :trom the City of Federal Way Public Stakeholder Team and the Transit Agency
Representatives.
Briefing #5 presented a summary of the three (3) options evaluated at Level 3 screening prior to the second public open
house.
Final Briefing #6 presents:
A recommendation for approval of two preferred alternative options with the following additional information:
.
Belmor Park comment summary from project presentation,
Public Stakeholder consensus comment summary.
February 3, 2005 Public Open House comment summary.
Core Team final option recommendations results.
Other Public Comments.
.
.
.
.
Timeline
December 2003 to .June 2004
FEDERAL WAY CITY CENTER
EVALUATION PROCESS
I Began~p,d':,..'lil¡I.¡; :':;'.;()n~ ;.(;"..:,:,;:;..,;"F:Ü:::~;:','I :~",ri;,."i;i"!
14:¡;-ÕPTïoÑs"
; DEVELOPED
I
I Do,.."..,..,....,..,..;:,.,.,.".",..,...".""""i."."
"".' ..", ,;'., \'.; '.. "'t-!"""" ,.,', " ";'..'., .: ,... ,..
June 2004:
; :~.:: i ;:":;:;"\]
; 11 OPTIONS
: REMAINED
January 2005:
i ..¡mëWTïoNS'
! ADDED
Red~.;cNj io 3 Build Cpti(\!];; for Thi!"¡1 (r ili,¡i) Scre¡:I1I!1!j
Eliminated Local Option,
'.'.'-"---'-..___m
i 3 OPTIONS
! REMAINED
Recommend Mod. 1 and Mod. 2 for further study
14
LOCAL
NETWORK
OPTIONS
28
NEW
INTERCHANGE
OPTIONS
5
MODIFIED
INTERCHANGE
OPTIONS
¡:,';~¡. ':"",,¡:,:~¡~.,.:\
, .L~f;LAW SCREi~r ..
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"":5 ;<'.' 3."
..:" N~'" .. OilER,
. iNTERCHANGE' INTERCHANGE..'
:::::~:~;.".:".~~~,,~
1 ",~t'2""':,
LOCAL "':,MODFlEO:'~,
H£TWORI( IIf'IERCIWIGI!
Ot>TIONS OP.1:IONS
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""'~ .",r
\ " 'f>{~,f'" ',:' . .
, .
UPDATE:
Following the completion of Briefing #5 to the LUTC, the City held two public stakeholder meetings, one public open
house, a final core support team meeting, and presented a project summary to the Belmor Park residents and the South
County Area Transportation District Board (SCATDb). Additionally, public comments were received via e-mail to staff.
The options presented for comment were the two options that moved forward :fì-om LUTC briefing #5:
. Mod. 1 Option: S 320th Street/S 31th Street Braided CD
Mod. I Option was created through refinement of the C2 VI Option that featured a Collector Distributor (CD)
system accessing S 320th Street and S 31th Street. To accommodate a higher design speed, Option C2 VI was
modified to enlarge the radius of the northbound loop on-ramg at S 320th Street. In the southbound direction, a
braided ramp configuration allows for access to both S 312 Street and S 320th Street. A refinement in the
northbound direction provides connection to S 31 th Street via a northbound bound off-ramp alignment that
travels under S 320th Street before heading to S 312th Street. A graphic schematic of Mod. I Option is provided as
"Attachment A".
. Mod. 2 Option: S 324th/S 320th Full Access
Mod. 2 Option was created through modification of the D4 V2 Option that featured a half-diamond interchange at
a new S 324th Street bridge crossing and northbound and southbound :fì-ontage roads between S 324th Street and S
320th Street. Eliminating the frontage roads modified the D4 V2 Option and added braided ramps in both
directions to allow fully directional access from S 324th Street and S 320th Street. The eastern extension of the
proposed S 324th Street crossing was realigned to merge with S 323rd Street instead of Weyerhaeuser Way. In
addition, the radius of the northbound loop on-ramp at S 320th Street was enlarged to accommodate a higher
design speed. A graphic schematic ofthe Mod. 2 Option is provided in the attachments labeled "Attachment B".
The "build" options were compared against a "No-Build" Option that incorporated elements :fì-om a list of Spot City Wide
Intersection Improvements (Transportation System Management "TSM" improvements) developed by the City of Federal
Way. Please see "Attachment C" for a complete list ofthese improvements.
The future evaluation of the two "Build" options (Mod. 1 and Mod. 2) and the "No-Build" in an environmental phase,
does not preclude the potential of a Local Option (additional bridge crossing 1-5 at S 324th Street) to be combined and
evaluated with a Modified Option or any combination of TSM or Modified interchange at the direction of the Core
Support team.
FEASIBILITY REpORT EXECUTIVE SUMMARY:
Pursuant to the Washington State Department of Transportation (WSDOT) Chapter 1425, the feasibility study was an
assessment of all Local Option improvements available to meet the existing and future transportation needs of the S 320th
Street at 1-5 interchange as well as the local connecting transportation network within the study area. All Local Options
could not keep an acceptable Level of Service "E" through the City Center (S 320th Street) without extraordinary
geometry (i.e. triple left-turns) and minimal impact to freeway operations. Since the Local Options did not meet project
objectives and the project "Purpose and Need", two Modified Interchange Options with TSM have been approved by the
WSDOT and the FHW A to move forward in an APDR. This recommendation has the endorsement of the Core Support
Team.
The new bridge crossing ofI-5 at S 31th Street, and the improvements at the 1-5 ramp intersections with associated bridge
widening at S 320th Street are included in the all conditions, as they are currently within the City of Federal Way
Comprehensive Plans. The S 320th Street at 1-5 ramp intersection improvements and bridge widening shall be included
and evaluated as part of the final APDR request. Modification to this interchange as listed currently in the six-year
Transportation Improvement Plan (TIP) requires an APDR. This stand-alone improvement does satisfy a full solution to
the future transportation issues within the study area.
The Final Screening incrementally evaluated each of the Options in an effort to determine whether a low investment
solution could be successful and meet the conditions outlined in Technical Memorandum 2 (TM 2) - Project Purpose and
Need. The final outcome of the study was that Local Options alone cannot sustain the transportation needs of S 320th
Street at the 1-5 interchange and address the current and future safety and mobility issues.
PUBLIC COMMENT SUMMARY:
February 3, 2005 Public Open House comment summary - A Public Open House presenting the results of the City
Center Access Study project was held on February 3rd, 2005. With 101 people signing in, staff received many comments
on the project alternative options. A formal summary of the Public Open House with the original comments and that
summary is to be located in the council workroom. A brief summary of those comments is listed below and the
spreadsheet summary is enclosed in "Attachment F".
Belmor Park comment summary from project presentation - At the request of the community residents' representative,
following the City Center Access Study Public Open house, staff presented an informational session at the Community
Club House on February 16, 2005 regarding the City Center Access Study project. It is estimated that over 250 residents
participated in this presentation, although the sign in sheet as enclosed in "Attachment D" does not reflect all the
participants because people entered through auxiliary doors. There was standing room only in the presentation room.
The majority of the participants were more concerned about the recent incident involving pedestrian safety and an
immediate response to that issue, rather than the long-range transportation study presented. Although the majority of the
participants were interested in the recent incident, staff did take many verbal comments, issues, and concerns regarding
the City Center Access Study project. Approximately 10 - 15 participants expressed comments towards the City Center
Access Study project.
In order to document comments, issues, and concerns and manage the large number of participants' comments from those
who attended this meeting, staff requested written comments sent to the city by mail or e-mail on the City Center Access
Study. To date, the attached comments have been received and are located with "Attachment D".
Summarizing the 1 0 -15 participants concerns, issues, and comments expressed verbally at the presentation were:
Access issues to Belmor Park with the Mod. 2 Option: S 324th¡S 320th Full Access option.
Pedestrian safety issues with the Mod. 2 Option: S 324th¡S 320th Full Access option.
Positive feedback and interest in the Mod. 2 Option: S 324th¡S 320th Full Access option.
Negative feedback and disinterest in Mod. 2 Option: S 324th¡S 320th Full Access option.
Positive fee~back and interest in the Mod. 1 Option: S 320th¡. 312th Braided CD option.
Other Public Comments - Staff has received various comments, issues, and concerns outside of the formal public open
house, public stakeholder team, and the core support team. Although some of the comments presented here maybe from
members of those teams, they are presented on their wish to present their position. Copies of these documents are
enclosed in "Attachment E".
Public Stakeholder consensus comment summary - The final stakeholder meeting was held following the Public Open
House for the project study on February 15,2005. The Stakeholder group represents a wide and full range of interest and
expertise. That experience ranges from former council members, ex-City Managers, City staff, Public Safety & Fire
Department representatives, Chamber of Commerce President, business owners, private interest groups, and citizens.
The team started out with a total of 32 participants, 5 of which were named from our legislative offices. A total of 12
active voting participants remained with the team, with 10 voting members at the final scheduled meeting.
The following is a summary of the voting of the members with regards to the project study:
3 of 10 members voted to discontinue future phases of the study and do not support either alternative option.
7 of 10 members voted "no objection" to moving the two alternative options forward for further analysis, with one voting
member abstaining.
The team members also request to be on future phase study groups if the project moves forward.
CORE TEAM FINAL OPTION RECOMMENDATIONS RESULTS
The City staff and the Core Support Team for the City Center Access Study project endorse and recommend for further
environmental study, final APDR, and preliminary engineering the two alternative options.
Supporting this recommendation are the following summaries:
1. The City of Federal Way concurrency requirement for future transportation needs are supported by improvements
that include modification to the Federal Highway System that includes safety and mobility.
2. Additional and detailed traffic analysis would be performed so that the decision makers will have adequate
information on a selection of a preferred alternative solution.
3. Additional and detailed information from an environmental phase will address issues and concerns of the public
and will provide decision makers with the correct tools to select a final alternative as a solution. A sampling of
those issues are:
a. Impact to Parks
b. Environmental Justice (Displacements)
c. Residential traffic impacts
d. Noise
e. Air Quality
f. Water Quality
g. Protection of threatened and endangered species to include fish habitat, critical and sensitive
environmentally protected wetland plant life and sphagnum bog. Additionally the future study will
identify all protected and endangered species impacted by the proposed project.
With the council approval and funding the following is a proposed schedule of the project:
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CITY COUNCIL COMMITTEE RECOMMENDATION: At its March 21, 2005 meeting, the Land Use and
Transportation Committee forwarded the following staff recommendations:
To support the Core Support Team endorsement and approve moving the following options forward for further study
and approval:
Mod. 1 Option: S 320th Street/S 3l2th Street Braided CD option
Mod. 2 Option: S 324th Street/S 320th Full Access option
PROPOSED MOTION: "I move to forward both Mod. 1 and Mod. 2 options for further study and approval."
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
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
March 21, 2005
Land Use and Transportation Committee
David H. Moseley, City ManagerC\{1 f;""'¡
!", .
Maryanne Zukowski, P.EJv'^{V'.,
City Center Access Study Final Briefing #6
Belmor Park comment summary from project presentation.
Public Stakeholder consensus comment summary.
February 3, 2005 Public Open House comment summary.
Other Public Comments.
Core Team final option recommendations results.
POLICY OUESTION:
Should the remaining two (2) alternative options, endorsed by the Core Support Team of the City Center Access Study,
move forward for further study in an environmental phase along with the completion of a Access Point Decision Report
(APDR), and complete preliminary engineering as programmed in the current 2005 - 2010 six-year Transportation
Improvement Plan.
BACKGROUND:
The City of Federal Way, in conjunction with project partners, Washington State Department of Transportation
(WSDOT), Federal Highways Administration (FHW A), Puget Sound Regional Council (pSRC), and the additional
supporting agencies (the "Core Support Team") perfonned a feasibility study to detennine viable access solutions to the
safety issues and the congestion at the interchange ofS 320th Street and Interstate 5 (access to Federal Way City Center).
The interchange is experiencing significant congestion many hours of the day and is currently at capacity. If a successful
and viable access solution is found, Federal Way will proceed in developing an Access Point Decision Report (APDR) to
submit to WSDOT. With City and State approval, the report would go to the FHW A. An APDR is the initial step
required by FHW A before changing an interstate highway interchange.
This briefing is the final in a series of Land Use and Transportation Committee (LUTC) briefings. This sixth and final
update is the request for an approval of the preferred options for further evaluation. The final request is for the direction
:trom the City of Federal Way City Council required for a step forward to an environmental study to move forward into an
APDR.
Briefing #1 presented the Public Involvement and Communications Plan, the Project Work Plan, the Purpose and Need
statement, the project issues map, and the study area of the project.
Briefing #2 was presented by CH2M Hill, the engineering consultant, and provided an update :trom project beginning to
the development of 47 options (project alternatives) in this project study.
Briefing #3 presented 15 options retained for further evaluation, analysis, and scoring.
Briefing #4 presented 5 options retained for further evaluation, analysis, and scoring. Presented during this
infonnational session were issues and concerns :trom the City of Federal Way Public Stakeholder Team and the
Transit Agency Representatives.
Briefing #5 presented a summary of the three (3) options evaluated at Level 3 screening prior to the second public
open house.
Final Briefing #6 presents:
A recommendation for approval of two preferred alternative options with the following additional information:
Belmor Park comment summary from project presentation.
Public Stakeholder consensus comment summary.
February 3,2005 Public Open House comment summary.
Core Team final option recommendations results.
Other Public Comments.
.
.
.
.
.
Timeline
December 2003 to June 2004
FEDERAL WAY CITY CENTER
EVALUATION PROCESS
Began Study with 47 Options, Conducted "Fatal Flaw" Screening
June 2004:
':,
Reduced to 15 Options for Second Level Screening
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January 2005:
Reduced to 3 Build Options for Third (Final) Screening
Eliminated Local Option,
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Recommend Mod. 1 and Mod. 2 for further study
UPDATE:
Following the completion of Briefing #5 to the LUTC, the City held two public stakeholder meetings, one public open
house, a final core support team meeting, and presented a project summary to the Belmor Park residents and the South
County Area Transportation District Board (SCA TDb). Additionally, public comments were received via e-mail to staff.
The options presented for comment were the two options that moved forward from LUTC briefing #5:
.
Mod. 1 Option: S 320Ih/. 31th Braided CD
Mod. I Option was created through refinement ofthe C2 VI Option that featured a Collector Distributor (CD)
system accessing S 320th Street and S 31th Street. To accommodate a higher design speed, Option C2 VI was
modified to enlarge the radius of the northbound loop on-ramp at S 320lh Street. In the southbound direction, a
braided ramp configuration allows for access to both S 312lh Street and S 320lh Street. A refinement in the
northbound direction provides connection to S 31th Street via a northbound bound off-ramp alignment that
travels under S 320lh Street before heading to S 3l2th Street. A graphic schematic of Mod. 1 Option is provided
as "Attachment A".
.
Mod. 2 Option: S 3241h/S 320lh Full Access
Mod. 2 Option was created through modification of the D4 V2 Option that featured a half-diamond interchange
at a new S 3241h Street bridge crossing and northbound and southbound frontage roads between S 3241h Street
and S 320th Street. Eliminating the frontage roads modified the D4 V2 Option and added braided ramps in both
directions to allow fully directional access from S 324th Street and S 320th Street. The eastern extension of the
proposed S 324th Street crossing was realigned to merge with S 323rd Street instead ofWeyerhaeuser Way. In
addition, the radius of the northbound loop on-ramp at S 320lh Street was enlarged to accommodate a higher
design speed. A graphic schematic of the Mod. 2 Option is provided in the attachments labeled "Attachment
B".
The "build" options were compared against a "No-Build" Option that incorporated elements from a list of Spot City
Wide Intersection Improvements (Transportation System Management "TSM" improvements) developed by the City of
Federal Way. Please see "Attachment C" for a complete list of these improvements.
The future evaluation of the two "Build" options (Mod. 1 and Mod. 2) and the "No-Build" in an environmental phase,
does not preclude the potential of a Local Option (additional bridge crossing 1-5 at S 324th Street) to be combined and
evaluated with a Modified Option or any combination of TSM or Modified interchange at the direction of the Core
Support team.
FEASIBILITY REPORT EXECUTIVE SUMMARY:
Pursuant to the Washington State Department of Transportation (WSDOT) Chapter 1425, the feasibility study was an
assessment of all Local Option improvements available to meet the existing and future transportation needs oftheS 320th
Street at 1-5 interchange as well as the local connecting transportation network within the study area. All Local Options
could not keep an acceptable Level of Service "E" through the City Center (S 320th Street) without extraordinary
geometry (i.e. triple left-turns) and minimal impact to freeway operations. Since the Local Options did not meet project
objectives and the project "Purpose and Need", two Modified Interchange Options with TSM have been approved by the
WSDOT and the FHW A to move forward in an APDR. This recommendation has the endorsement ofthe Core Support
Team.
The new bridge crossing of 1-5 at S 31th Street, and the improvements at the 1-5 ramp intersections with associated
bridge widening at S 320lh Street are included in the all conditions, as they are currently within the City of Federal Way
Comprehensive Plans. The S 320lh Street at 1-5 ramp intersection improvements and bridge widening shall be included
and evaluated as part of the final APDR request. Modification to this interchange as listed currently in the six-year
Transportation Improvement Plan (TIP) requires an APDR. This stand-alone improvement does satisfY a full solution to
the future transportation issues within the study area. .
The Final Screening incrementally evaluated each of the Options in an effort to detennine whether a low investment
solution could be successful and meet the conditions outlined in Technical Memorandum 2 (1M 2)- Project Purpose
and Need. The final outcome of the study was that Local Options alone cannot sustain the transportation needs ofS 320th
Street at the 1-5 interchange and address the current and future safety and mobility issues.
PUBLIC COMMENT SUMMARY:
Belmor Park comment summary from project presentation
At the request of the community residents' representative, following the City Center Access Study Public Open house,
staff presented an infonnational session at the Community Club House on February 16, 2005 regarding the City Center
Access Study project. It is estimated that over 250 residents participated in this presentation, although the sign in sheet as
enclosed in "Attachment D" does not reflect all the participants because people entered through auxiliary doors. There
was standing room only in the presentation room.
The majority of the participants were more concerned about the recent incident involving pedestrian safety and an
immediate response to that issue, rather than the long-range transportation study presented. Although the majority of the
participants were interested in the recent incident, staff did take many verbal comments, issues, and concerns regarding
the City Center Access Study project. Approximately 1 0 - 15 participants expressed comments towards the City Center
Access Study project.
In order to document comments, issues, and concerns and manage the large number of participants' comments from those
who attended this meeting, staff requested written comments sent to the city by mail or e-mail on the City Center Access
Study. To date, the attached comments have been received and are located with "Attachment D".
Summarizing the 10 -15 participants concerns, issues, and comments expressed verbally at the presentation were:
Access issues to Belmor Park with the Mod. 2 Option: S 324th/S 320th Full Access option.
Pedestrian safety issues with the Mod. 2 Option: S 324th/S 320th Full Access option.
Positive feedback and interest in the Mod. 2 Option: S 324th/S 320th Full Access option.
Negative feedback and disinterest in Mod. 2 Option: S 324th/S 320th Full Access option.
Positive feedback and interest in the Mod. 1 Option: S 320th/. 312th Braided CD option.
Other Public Comments
Staffhas received various comments, issues, and concerns outside of the fonnal public open house, public stakeholder
team, and the core support team. Although some of the comments presented here maybe from members of those teams,
they are presented on their wish to present their position. Copies of these documents are enclosed in "Attachment E",
and briefly summarized below in no particular order:
Friends of the Hylebos Wetlands - Comments on Endangered Wetlands under Mod 1 and Mod 2.
Weyerhaeuser - Preference for Mod. 1 Option: S 320th/. 312th Braided CD option.
King County Metro and Pierce Transit - request for additional analysis and work on both options in a future study.
CH2Mhill- comments heard at open house.
Federal Way Fire Department - Preference for Mod. 1 Option: S 320th/. 312th Braided CD option.
The Commons at Federal Way - Solutions proposed are a positive impact to the mall.
Citizen - comments on negative impacts from Mod. 1 Option: S 320th/. 312th Braided CD option.
Citizen - comments on negative impacts from Mod. 1 Option: S 320th/. 312th Braided CD option.
Citizen - wishes additional attention for a new local alternative analyzed.
Federal Way School District Transportation - Verbal opposition anyone-way couplet.
Citizen - Commendations of the study.
Federal Highway Administration - Commendations ofthe study.
Citizen - Preference for Mod. 1 Option: S 320th/. 312th Braided CD option, with comments on negative impacts from
Mod 2.
SCATBd - Verbal comments and interest on mainline 1-5 congestion improvements from proposals.
Public Stakeholder consensus comment summary
The final stakeholder meeting was held following the Public Open House for the project study on February 15, 2005.
The Stakeholder group represents a wide and full range of interest and expertise. That experience ranges from fonner
council members, ex -City Managers, City staff, Public Safety & Fire Department representatives, Chamber of Commerce
President, business owners, private interest groups, and citizens.
The team started out with a total of 32 participants, 5 of which were named from our legislative offices. A total of 12
active voting participants remained with the team, with 10 voting members at the final scheduled meeting.
The following is a summary of the voting of the members with regards to the project study:
3 of 10 members voted to discontinue future phases of the study and do not support either alternative option.
7 of 10 members voted "no objection" to moving the two alternative options forward for further analysis, with one
voting member abstaining.
The team members also request to be on future phase study groups if the project moves forward.
February 3, 2005 Public Open House comment summary
A Public Open House presenting the results of the City Center Access Study project was held on February 3rd, 2005.
With 101 people signing in, staff received many comments on the project alternative options. A fonnal summary of the
Public Open House with the original comments and that summary is to be located in the council workroom. A brief
summary of those comments is listed below and the spreadsheet summary is enclosed in "Attachment F".
Mod. 1 Option: S 320th¡. 31th Braided CD option
Mod. 2 Option: S 324th¡S 320th Full Access option
Opposition to both options
Support to both options
Other forms of comments
14 positive comments
23 positive comments
4
4
7
20 negative comments
16 negative comments
Core Team final option recommendations results
, The City staff and the Core Support Team for the City Center Access Study project endorse and recommend for further
environmental study, final APDR, and preliminary engineering the two alternative options.
Supporting this recommendation are the following summaries:
1.
The City of Federal Way concurrency requirement for future transportation needs are supported by
improvements that include modification to the Federal Highway System that includes safety and mobility.
2.
Additional and detailed traffic analysis would be perfonned so that the decision makers will have adequate
infonnation on a selection of a preferred alternative solution.
3.
Additional and detailed infonnation from an environmental phase will address issues and concerns of the public
and will provide decision makers with the correct tools to select a final alternative as a solution. A sampling of
those issues are:
a. Impact to Parks
b. Environmental Justice (Displacements)
c. Residential traffic impacts
d. Noise .
e. Air Quality
f. Water Quality
g. Protection of threatened and endangered species to include fish habitat, critical and sensitive
environmentally protected wetland plant life and sphagnum bog. Additionally the future study will
identify all protected and endangered species impacted by the proposed project.
With the council approval and funding the following is a proposed schedule of the project:
~~1iFed~ral~Viay.City~c:enter Access: Project Timelin~
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RECOMMENDATION:
Staff recommends with the Core Support Team endorsement approval moving the following options forward for further
study and approval by the City Council.
Mod. 1 Option: S 320th¡. 312th Braided CD option
Mod. 2 Option: S 324th¡S 320th Fnll Access option
COMMITTEE RECOMMENDATION:
Forward the above recommendation to the AprilS, 2005 City Council Consent Agenda for approval.
ApPRO\' AL ,OF COM~nTTEE REPORT:
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Add exclusive EBR; Add 2nd EBL
~~-':¡¡'~~~;i¡:~~!¡1!j'¡i::'
S" 304th SI. & SR 99
14.
SB
NB
WB
EB
Add exclusive sin Ie WBL
Add EBL
S. 288th SI. & SR 99
15.
SB
NB
WB
EB
,:"""~:r,,:i.~'¡:¡1i¡':¡,:;:::,,i:,
16.
18.
Add NBL
2nd WBR
~!,~~;::t;lt'~:¡;~~~?:1(1~~~';;(i~áIT'c~}:~~;1:1m;¡¡¡;~~., \\~b"z:.\" ,"
"""~'" "¡'!"I""""'i'"nr:'i"""'~:;¡"""-"','i":',:¡..t\",i","","',""'"I,","'I"'i'",f':},1"'"";'I",1"'-""""~~,~,,"',,!,J.,"", "'" .","~h",t',""'¡-~"t.Aì!",','I""I',",,~""""",,,";",", !i'""""",.,!, ;~\"""""""""" " !"""~'¡¡"",,,
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D-2
Appendix 0
CH2M HILL
Traffic System Management, TSM Analysis
DRAFT 1M #10 A endix 0
Inter-
section Approach
Rd.
19.
SB
NB
WB
EB
S. 312th St. & 28th Ave. S.
20.
'~J::¡
::::1:-,¿\;~1
21.
SB
NB
WB
EB
Add WBL
S. Dash Point Rd. & SR 99
22.
25.
SB
NB
WB
EB
:"¡:"':(;\"':;f~..:":')',::.'!,,I::~:..\..
S. 272nd St & Mihtar Rd.
26.
SB
NB
WB
EB
Add exclusive NBR; Add 2nd NBL
Add 2nd WBL
Add 2nd EBL; Add 2nd EBR
0-3
"
Traffic Meeting
Wednesday, February 16,2005
Belmor Park
2101 S 324th Street
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nne Zukowski - i-5 exit
From:
To:
Date:
Subject:
karen larson <bettyboop0972003@yahoo.com>
< Maryan ne. Zu kowski@cityoffederalway.com>
03/14/20059:50:01 AM
i-5 exit
I oppose the new f/w exit. Nora johnson space 284
belmor mobile park at 2101 s 324 st federal way
Page
MEETING DATE:
April 5, 2005
ITEM# .~)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
CITY CENTER ACCESS STUDY FINAL BRIEFING #6
CATEGORY:
BUDGET IMPACT:
~
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 March 21,2005.
SUMMARYIBACKGROUND: The City of Federal Way, in conjunction with project partners, Washington State
Department of Transportation (WSDOT), Federal Highways Administration (FHW A), Puget Sound Regional Council
(PSRC), and the additional supporting agencies (the "Core Support Team") performed a feasibility study to determine
viable access solutions to the safety issues and the congestion at the interchange of S 320th Street and Interstate 5 (access
to Federal Way City Center).
The interchange is experiencing significant congestion many hours of the day and is currently at capacity. If a successful
and viable access solution is found, Federal Way will proceed in developing an Access Point Decision Report (APDR) to
submit to WSDOT. With City and State approval, the report would go to the FHW A. An APDR is the initial step
required by FHW A before changing an interstate highway interchange.
This briefing is the final in a series of Land Use and Transportation Committee (LUTe) briefings. This sixth and final
update is the request for an approval of the preferred options for further evaluation. The final request is for the direction
from the City of Federal Way City Council required for a step forward to an environmental study to move forward into an
APDR.
Briefing #1 presented the Public Involvement and Communications Plan, the Project Work Plan, the Purpose and Need
statement, the project issues map, and the study area of the project.
Briefing #2 was presented by CH2M Hill, the engineering consultant, and provided an update from project
beginning to the development of 47 options (project alternatives) in this project study.
Briefing #3 presented 15 options retained for further evaluation, analysis, and scoring.
Briefing #4 presented 5 options retained for further evaluation, analysis, and scoring. Presented during this informational
session were issues and concerns from the City of Federal Way Public Stakeholder Team and the Transit Agency
Representatives.
Briefing #5 presented a summary of the three (3) options evaluated at Level 3 screening prior to the second public open
house.
Final Briefing #6 presents:
A recommendation for approval of two preferred alternative options with the following additional information:
.
Belmor Park comment summary from project presentation.
Public Stakeholder consensus comment summary.
February 3, 2005 Public Open House comment summary,
Core Team final option recommendations results.
Other Public Comments.
.
.
.
.
Timeline
December 2003 to June 2004
FEDERAL WAY CITY CENTER
EVALUATION PROCESS
Began Study with 47 Options, ConducÌ(r; "'¡:::¡i:,,: ¡:i:"1W :)!,,"":;i,n!
.. , .. ..... -....".. ,
47 OPTIONS
¡DEVELOPED
June 2004:
Reduced to 15 Options for Second '" 'i ",'.; S",:'("en:i!!,,;
I 11 OPTIONS
: REMAINED
January 2005:
""""""""""""""""""""
i 4 OPTIONS
j ADDED
Reduced to 3 Build Options for Third ¡F-I!\i¡iì ;;cr{)(m¡;;~"J
Eliminated Local Option,
r 3 OPTIONS
¡ REMAINED
Recommend Mod. 1 and Mod. 2 for further study
14
LOCAL
NETWORK
OPTIONS
28
5 NEW
MODIFIED: INTE.HCHANGE
INTERCHANGE O=ONS
"OPTIONS r"
5, ,,":; 3
"MODifiED "" ,NEW" OTHER"
,,' ERCHANGE ...!,IIJER~;}~TERCIWIGE ,
""¡1i,,ØPnoNS":'if ~;*"OPTIOJf$".,~,. ': -,~t3
"""llt';,,,,;~,\'iì~~ """" :;¡¡¡;,~~~i' '",i..'::""',,
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"!c""),,
LOCAL I "MODifiED "
HE'IWORK INtERCHANGE
OI'11ONS QPTIOlISc
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UPDA TE:
Following the completion of Briefing #5 to the LUTC, the City held two public stakeholder meetings, one public open
house, a final core support team meeting, and presented a project summary to the Belmor Park residents and the South
County Area Transportation District Board (SCATDb). Additionally, public comments were received via e-mail to staff.
The options presented for comment were the two options that moved forward ITom LUTC briefing #5:
. Mod. 1 Option: S 320lh Street/S 31th Street Braided CD
Mod. 1 Option was created through refinement of the C2 VI Option that featured a Collector Distributor (CD)
system accessing S 320th Street and S 312lh Street. To accommodate a higher design speed, Option C2 VI was
modified to enlarge the radius of the northbound loop on-ramg at S 320lh Street. In the southbound direction, a
braided ramp configuration allows for access to both S 312 Street and S 320th Street. A refinement in the
northbound direction provides connection to S 31th Street via a northbound bound off-ramp alignment that
travels under S 320th Street before heading to S 312th Street. A graphic schematic of Mod. 1 Option is provided as
"Attachment A".
. Mod. 2 Option: S 324th/S 320th Full Access
Mod. 2 Option was created through modification of the D4 V2 Option that featured a half-diamond interchange at
a new S 324th Street bridge crossing and northbound and southbound ITontage roads between S 3241h Street and S
320th Street. Eliminating the frontage roads modified the D4 V2 Option and added braided ramps in both
directions to allow fully directional access ITom S 3241h Street and S 320th Street. The eastern extension of the
proposed S 324th Street crossing was realigned to merge with S 323rd Street instead of Weyerhaeuser Way. In
addition, the radius of the northbound loop on-ramp at S 320th Street was enlarged to accommodate a higher
design speed. A graphic schematic of the Mod. 2 Option is provided in the attachments labeled "Attachment B".
The "build" options were compared against a "No-Build" Option that incorporated elements ITom a list of Spot City Wide
Intersection Improvements (Transportation System Management "TSM" improvements) developed by the City of Federal
Way. Please see "Attachment C" for a complete list of these improvements.
The future evaluation of the two "Build" options (Mod. 1 and Mod. 2) and the "No-Build" in an environmental phase,
does not preclude the potential of a Local Option (additional bridge crossing 1-5 at S 324th Street) to be combined and
evaluated with a Modified Option or any combination of TSM or Modified interchange at the direction of the Core
Support team.
FEASIBILITY REpORT EXECUTIVE SUMMARY:
Pursuant to the Washington State Department of Transportation (WSDOT) Chapter 1425, the feasibility study was an
assessment of all Local Option improvements available to meet the existing and future transportation needs of the S 320th
Street at 1-5 interchange as well as the local connecting transportation network within the study area. All Local Options
could not keep an acceptable Level of Service "E" through the City Center (S 320th Street) without extraordinary
geometry (i.e. triple left-turns) and minimal impact to freeway operations. Since the Local Options did not meet project
objectives and the project "Purpose and Need", two Modified Interchange Options with TSM have been approved by the
WSDOT and the FHW A to move forward in an APDR. This recommendation has the endorsement of the Core Support
Team.
The new bridge crossing of 1-5 at S 31 th Street, and the improvements at the 1-5 ramp intersections with associated bridge
widening at S 320th Street are included in the all conditions, as they are currently within the City of Federal Way
Comprehensive Plans. The S 320th Street at 1-5 ramp intersection improvements and bridge widening shall be included
and evaluated as part of the final APDR request. Modification to this interchange as listed currently in the six-year
Transportation Improvement Plan (TIP) requires an APDR. This stand-alone improvement does satisfy a full solution to
the future transportation issues within the study area.
The Final Screening incrementally evaluated each of the Options in an effort to determine whether a low investment
solution could be successful and meet the conditions outlined in Technical Memorandum 2 (TM 2) - Project Purpose and
Need. The final outcome of the study was that Local Options alone cannot sustain the transportation needs of S 320th
Street at the 1-5 interchange and address the current and future safety and mobility issues.
PUBLIC COMMENT SUMMARY:
February 3, 2005 Public Open House comment summary - A Public Open House presenting the results of the City
Center Access Study project was held on February 3rd, 2005. With 101 people signing in, staff received many comments
on the project alternative options. A fonnal summary of the Public Open House with the original comments and that
summary is to be located in the council workroom. A brief summary of those comments is listed below and the
spreadsheet summary is enclosed in "Attachment F".
Belmor Park comment summary from project presentation - At the request of the community residents' representative,
following the City Center Access Study Public Open house, staff presented an informational session at the Community
Club House on February 16,2005 regarding the City Center Access Study project. It is estimated that over 250 residents
participated in this presentation, although the sign in sheet as enclosed in "Attachment D" does not reflect all the
participants because people entered through auxiliary doors. There was standing room only in the presentation room.
The majority of the participants were more concerned about the recent incident involving pedestrian safety and an
immediate response to that issue, rather than the long-range transportation study presented. Although the majority of the
participants were interested in the recent incident, staff did take many verbal comments, issues, and concerns regarding
the City Center Access Study project. Approximately 1 0 - 15 participants expressed comments towards the City Center
Access Study project.
In order to document comments, issues, and concerns and manage the large number of participants' comments from those
who attended this meeting, staff requested written comments sent to the city by mail or e-mail on the City Center Access
Study. To date, the attached comments have been received and are located with "Attachment D".
Summarizing the 1 0 -15 participants concerns, issues, and comments expressed verbally at the presentation were:
Access issues to Belmor Park with the Mod. 2 Option: S 324th/S 320th Full Access option.
Pedestrian safety issues with the Mod. 2 Option: S 324th/S 320th Full Access option.
Positive feedback and interest in the Mod. 2 Option: S 324th/S 320th Full Access option.
Negative feedback and disinterest in Mod. 2 Option: S 324th/S 320th Full Access option.
Positive fee~back and interest in the Mod. 1 Option: S 320th/. 312th Braided CD option.
Other Public Comments - Staff has received various comments, issues, and concerns outside of the formal public open
house, public stakeholder team, and the core support team. Although some of the comments presented here maybe from
members of those teams, they are presented on their wish to present their position. Copies of these documents are
enclosed in "Attachment E".
Public Stakeholder consensus comment summary - The final stakeholder meeting was held following the Public Open
House for the project study on February 15,2005. The Stakeholder group represents a wide and full range of interest and
expertise. That experience ranges from former council members, ex-City Managers, City staff, Public Safety & Fire
Department representatives, Chamber of Commerce President, business owners, private interest groups, and citizens.
The team started out with a total of 32 participants,S of which were named from our legislative offices. A total of 12
active voting participants remained with the team, with 10 voting members at the final scheduled meeting.
The following is a summary of the voting of the members with regards to the project study:
3 of 10 members voted to discontinue future phases of the study and do not support either alternative option.
7 of 10 members voted "no objection" to moving the two alternative options forward for further analysis, with one voting
member abstaining.
The team members also request to be on future phase study groups if the project moves forward.
CORE TEAM FINAL OPTION RECOMMENDATIONS RESULTS
The City staff and the Core Support Team for the City Center Access Study project endorse and recommend for further
environmental study, final APDR, and preliminary engineering the two alternative options.
Supporting this recommendation are the following summaries:
1. The City of Federal Way concurrency requirement for future transportation needs are supported by improvements
that include modification to the Federal Highway System that includes safety and mobility.
2. Additional and detailed traffic analysis would be perfonned so that the decision makers will have adequate
infonnation on a selection of a preferred alternative solution.
3. Additional and detailed infonnation fÌ'om an environmental phase will address issues and concerns of the public
and will provide decision makers with the correct tools to select a final alternative as a solution. A sampling of
those issues are:
a. Impact to Parks
b. Environmental Justice (Displacements)
c. Residential traffic impacts
d. Noise
e. Air Quality
f. Water Quality
g. Protection of threatened and endangered species to include fish habitat, critical and sensitive
environmentally protected wetland plant life and sphagnum bog. Additionally the future study will
identify all protected and endangered species impacted by the proposed project.
With the council approval and funding the following is a proposed schedule of the project:
It I
WDiY
'ii~IFederal.'.~ay City Center Access:' Project .Timeline
.. ".. " .. "",",
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Public Involvement
CITY COUNCIL COMMITTEE RECOMMENDATION: At its March 21, 2005 meeting, the Land Use and
Transportation Committee forwarded the following staff recommendations:
To support the Core Support Team endorsement and approve moving the following options forward for further study
and approval:
Mod. 1 Option: S 320th Street/S 312th Street Braided CD option
Mod. 2 Option: S 324th Street/S 320th Full Access option
PROPOSED MOTION: "I move to forward both Mod.l and Mod. 2 options for further study and approval."
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 #
1ST d"
rea mg
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
March 21, 2005
Land Use and Transportation Committee
David H. Moseley, City Managerf¡1J {{'oJ
:11 .
Maryanne Zukowski, P .E:.Jv~,-"
City Center Access Study Final Briefing #6
Belmor Park comment summary from project presentation.
Public Stakeholder consensus comment summary.
February 3,2005 Public Open House comment summary.
Other Public Comments.
Core Team final option recommendations results.
POLICY QUESTION:
Should the remaining two (2) alternative options, endorsed by the Core Support Team of the City Center Access Study,
move forward for further study in an environmental phase along with the completion of a Access Point Decision Report
(APDR), and complete preliminary engineering as programmed in the current 2005 - 2010 six-year Transportation
Improvement Plan.
BACKGROUND:
The City of Federal Way, in conjunction with project partners, Washington State Department of Transportation
(WSDOT), Federal Highways Administration (FHW A), Puget Sound Regional Council (PSRC), and the additional
supporting agencies (the "Core Support Team") performed a feasibility study to determine viable access solutions to the
safety issues and the congestion at the interchange ofS 320th Street and Interstate 5 (access to Federal Way City Center).
The interchange is experiencing significant congestion many hours of the day and is currently at capacity. If a successful
and viable access solution is found, Federal Way will proceed in developing an Access Point Decision Report (APDR) to
submit to WSDOT. With City and State approval, the report would go to the FHW A. An APDR is the initial step
required by FHW A before changing an interstate highway interchange.
This briefing is the final in a series of Land Use and Transportation Committee (LUTC) briefings. This sixth and final
update is the request for an approval of the preferred options for further evaluation. rhe final request is for the direction
from the City of Federal Way City Council required for a step forward to an environmental study to move forward into an
APDR.
Briefing #1 presented the Public Involvement and Communications Plan, the Project Work Plan, the Purpose and Need
statement, the project issues map, and the study area of the project.
Briefing #2 was presented by CH2M Hill, the engineering consultant, and provided an update from project beginning to
the development of 47 options (project alternatives) in this project study.
Briefing #3 presented 15 options retained for further evaluation, analysis, and scoring.
Briefing #4 presented 5 options retained for further evaluation, analysis, and scoring. Presented during this
informational session were issues and concerns from the City of Federal Way Public Stakeholder Team and the
Transit Agency Representatives.
Briefing #5 presented a summary of the three (3) options evaluated at Level 3 screening prior to the second public
open house.
Final Briefing #6 presents:
A recommendation for approval of two preferred alternative options with the following additional infonnation:
Belmor Park comment summary from project presentation,
Public Stakeholder consensus comment summary.
February 3, 2005 Public Open House comment summary.
Core Team final option recommendations results.
Other Public Comments.
.
.
.
.
.
Timeline
December 2003 to June 2004
FEDERAL WAY CITY CENTER
EVALUATION PROCESS
Began Study with 47 Options. Conducted "Fatal Flaw" Screening
June 2004:
". -,', '
Reduced to 15 Options for Second Level Screening
January 2005:
"~ '
", .
Reduced to 3 Build Options for Third (Final) Screening
----------
Eliminated Local Option,
. '
.. ',:'"1";' .
Recommend Mod. 1 and Mod. 2 for further study
.: "~ ^,
, ,>j,
UPDATE:
Following the completion of Briefing #5 to the LUTC, the City held two public stakeholder meetings, one public open
house, a final core support team meeting, and presented a project summary to the Belmor Park residents and the South
County Area Transportation District Board (SCA TDb). Additionally, public comments were received via e-mail to staff.
The options presented for comment were the two options that moved forward from LUTC briefing #5:
.
Mod. 1 Option: S 320th/. 31ih Braided CD
Mod. 1 Option was created through refinement of the C2 VI Option that featured a Collector Distributor (CD)
system accessing S 320th Street and S 31th Street. To accommodate a higher design speed, Option C2 VI was
modified to enlarge the radius of the northbound loop on-ramp at S 320th Street. In the southbound direction, a
braided ramp configuration allows for access to both S 31th Street and S 320tl1 Street. A refinement in the
northbound direction provides connection to S 3 12th Street via a northbound bound off-ramp alignment that
travels under S 320th Street before heading to S 312th Street. A graphic schematic of Mod. 1 Option is provided
as "Attachment A".
.
Mod. 2 Option: S 324th/S 320th Full Access
Mod. 2 Option was created through modification of the D4 V2 Option that featured a half-diamond interchange
at a new S 324111 Street bridge crossing and northbound and southbound frontage roads between S 3241h Street
and S 320tl1 Street. Eliminating the frontage roads modified the D4 V2 Option and added braided ramps in both
directions to allow fully directional access from S 324th Street and S 320th Street. The eastern extension ofthe
proposed S 324th Street crossing was realigned to merge with S 323rd Street instead ofWeyerhaeuser Way. In
addition, the radius of the northbound loop on-ramp at S 320t ¡ Street was enlarged to accommodate a higher
design speed. A graphic schematic ofthe Mod. 2 Option is provided in the attachments labeled "Attachment
B".
The "build" options were compared against a "No-Build" Option that incorporated elements from a list of Spot City
Wide Intersection Improvements (Transportation System Management "TSM" improvements) developed by the City of
Federal Way. Please see "Attachment C" for a complete list ofthese improvements.
The future evaluation of the two "Build" options (Mod. 1 and Mod. 2) and the "No-Build" in an environmental phase,
does not preclude the potential of a Local Option (additional bridge crossing 1-5 at S 324th Street) to be combined and
evaluated with a Modified Option or any combination of TSM or Modified interchange at the direction of the Core
Support team.
FEASIBILITY REPORT EXECUTIVE SUMMARY:
Pursuant to the Washington State Department of Transportation (WSDOT) Chapter 1425, the feasibility study was an
assessment of all Local Option improvements available to meet the existing and future transportation needs of the S 320th
Street at 1-5 interchange as well as the local connecting transportation network within the study area. All Local Options
could not keep an acceptable Level of Service "E" through the City Center (S 320th Street) without extraordinary
geometry (i.e. triple left-turns) and minimal impact to freeway operations. Since the Local Options did not meet project
objectives and the project "Purpose and Need", two Modified Interchange Options with TSM have been approved by the
WSDOT and the FHW A to move forward in an APDR. This recommendation has the endorsement of the Core Support
Team.
The new bridge crossing ofI-5 at S 31th Street, and the improvements at the 1-5 ramp intersections with associated
bridge widening at S 320lh Street are included in the all conditions, as they are currently within the City of Federal Way
Comprehensive Plans. The S 320lh Street at 1-5 ramp intersection improvements and bridge widening shall be included
and evaluated as part of the final APDR request. Modification to this interchange as listed currently in the six-year
Transportation Improvement Plan (TIP) requires an APDR. This stand-alone improvement does satisfy a full solution to
the future transportation issues within the study area.
The Final Screening incrementally evaluated each of the Options in an effort to determine whether a low investment
solution could be successful and meet the conditions outlined in Technical Memorandum 2 (TM 2) - Project Purpose
and Need. The final outcome of the study was that Local Options alone cannot sustain the transportation needs ofS 320th
Street at the 1-5 interchange and address the current and future safety and mobility issues.
PUBLIC COMMENT SUMMARY:
Belmor Park comment summary from project presentation
At the request of the community residents' representative, following the City Center Access Study Public Open house,
staff presented an infonnational session at the Community Club House on February 16,2005 regarding the City Center
Access Study project. It is estimated that over 250 residents participated in this presentation, although the sign in sheet as
enclosed in "Attachment D" does not reflect all the participants because people entered through auxiliary doors. There
was standing room only in the presentation room.
The majority of the participants were more concerned about the recent incident involving pedestrian safety and an
immediate response to that issue, rather than the long-range transportation study presented. Although the majority of the
participants were interested in the recent incident, staff did take many verbal comments, issues, and concerns regarding
the City Center Access Study project. Approximately 1 0 - 15 participants expressed comments towards the City Center
Access Study project.
In order to document comments, issues, and concerns and manage the large number of participants' comments from those
who attended this meeting, staff requested written comments sent to the city by mail or e-mail on the City Center Access
Study. To date, the attached comments have been received and are located with "Attachment D".
Summarizing the 1 0 -15 participants concerns, issues, and comments expressed verbally at the presentation were:
Access issues to Belmor Park with the Mod. 2 Option: S 324th/S 320th Full Access option.
Pedestrian safety issues with the Mod. 2 Option: S 324th/S 320th Full Access option.
Positive feedback and interest in the Mod. 2 Option: S 324th/S 320th Full Access option.
Negative feedback and disinterest in Mod. 2 Option: S 324th/S 320th Full Access option.
Positive feedback and interest in the Mod. 1 Option: S 320th/. 31th Braided CD option.
Other Public Comments
Staff has received various comments, issues, and concerns outside of the fonnal public open house, public stakeholder
team, and the core support team. Although some of the comments presented here maybe from members of those teams,
they are presented on their wish to present their position. Copies of these documents are enclosed in "Attachment E",
and briefly summarized below in no particular order:
Friends of the Hylebos Wetlands - Comments on Endangered Wetlands under Mod 1 and Mod 2.
Weyerhaeuser - Preference for Mod. 1 Option: S 320th/. 312th Braided CD option.
King County Metro and Pierce Transit - request for additional analysis and work on both options in a future study.
CH2Mhill- comments heard at open house.
Federal Way Fire Department - Preference for Mod. 1 Option: S 320th/. 312th Braided CD option.
The Commons at Federal Way - Solutions proposed are a positive impact to the mall.
Citizen - comments on negative impacts from Mod. 1 Option: S 320th/. 312th Braided CD option.
Citizen - comments on negative impacts from Mod. 1 Option: S 320th/. 31ih Braided CD option.
Citizen - wishes additional attention for a new local alternative analyzed.
Federal Way School District Transportation - Verbal opposition anyone-way couplet.
Citizen - Commendations of the study.
Federal Highway Administration - Commendations ofthe study.
Citizen - Preference for Mod. 1 Option: S 320th/. 312th Braided CD option, with comments on negative impacts from
Mod 2.
SCA TBd - Verbal comments and interest on mainline 1-5 congestion improvements from proposals.
Public Stakeholder consensus comment summary
The final stakeholder meeting was held following the Public Open House for the project study on February 15, 2005.
The Stakeholder group represents a wide and full range of interest and expertise. Thatexperience ranges from fOnDer
council members, ex -City Managers, City staff, Public Safety & Fire Department representatives, Chamber of Commerce
President, business owners, private interest groups, and citizens.
The team started out with a total of 32 participants, 5 of which were named from our legislative offices. A total of 12
active voting participants remained with the team, with 10 voting members at the final scheduled meeting.
The following is a summary of the voting of the members with regards to the project study:
3 of 10 members voted to discontinue future phases of the study and do not support either alternative option.
7 of 10 members voted "no objection" to moving the two alternative options forward for further analysis, with one
voting member abstaining.
The team members also request to be on future phase study groups if the project moves forward.
February 3, 2005 Public Open House comment summary
A Public Open House presenting the results of the City Center Access Study project was held on February 3rd, 2005.
With 10 1 people signing in, staff received many comments on the project alternative options. A fonnal summary of the
Public Open House with the original comments and that summary is to be located in the council workroom. A brief
summary of those comments is listed below and the spreadsheet summary is enclosed in "Attachment F".
Mod. 1 Option: S 320th/. 31th Braided CD option
Mod. 2 Option: S 324th/S 320th Full Access option
Opposition to both options
Support to both options
Other forms of comments
14 positive comments
23 positive comments
4
4
7
20 negative comments
16 negative comments
Core Team final option recommendations results
The City staff and the Core Support Team for the City Center Access Study project endorse and recommend for further
environmental study, final APDR, and preliminary engineering the two alternative options.
Supporting this recommendation are the following summaries:
1.
The City of Federal Way concurrency requirement for future transportation needs are supported by
improvements that include modification to the Federal Highway System that includes safety and mobility.
2.
Additional and detailed traffic analysis would be perfonned so that the decision makers will have adequate
infonnation on a selection of a preferred alternative solution.
3.
Additional and detailed infonnation from an environmental phase will address issues and concerns of the public
and will provide decision makers with the correct tools to select a final alternative as a solution. A sampling of
those issues are:
a. Impact to Parks
b. Environmental Justice (Displacements)
c. Residential traffic impacts
d. Noise
e. Air Quality
f. Water Quality
g. Protection of threatened and endangered species to include fish habitat, critical and sensitive
environmentally protected wetland plant life and sphagnum bog. Additionally the future study will
identify all protected and endangered species impacted by the proposed project.
With the council approval and funding the following is a proposed schedule of the project:
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RECOMMENDATION:
Staff recommends with the Core Support Team endorsement approval moving the following options forward for further
study and approval by the City Council.
Mod. 1 Option: S 320th/. 312th Braided CD option
Mod. 2 Option: S 324th/S 320th Full Access option
COMMITTEE RECOMMENDATION:
Forward the above recommendation to the April 5, 2005 City Council Consent Agenda for approval.
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Traffic Meeting
VVednesday,February16,2005
Belmor Park
2101 S 324-th Street
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Belmor Park
2101 S 3.24th Street
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Maryanne Zukows~i - i-5 exit
From:
To:
Date:
Subject:
karen larson <bettyboop0972003@yahoo.com>
< Marya n ne. Zu kowski@cityoffederalway.com>
03/14/2005 9:50:01 AM
i-5 exit
I oppose the new f/w exit. Nora johnson space 284
belmor mobile park at 2101 s 324 st federal way
._---
Page
. Zukowski -Bel~níôr L neh Mob ..
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From:
To:
Date:
Subject:
<m.mielenz@att.net>
< ma rya n n e. zu k ows ki@cityoffederalway.com>
02/17/20058:45:04 PM
Bel-mar Lynch Mob
Good Moring Maryanne
As you may have gathered, Bel-mar residents wish to fix the crosswalk death trap.
When you explained the 2030 plan, they had a difficult time understanding why a light was not an option. If
you want to please my fellow residents, put forth a plan for a pre fa bed bridge. That fits in with the 324th
plan, so it won't be distrubed during any reorginization of 324th.
By the way I'm attaching a resume, in case Engineering needs a planner (hint, hint). Thank you for
coming, and please write if I can be of service.
Michael R. Mielenz
. .. .. .
I Maryanne Zukowski - 15 exit at Federal Way
Page
From:
To:
Date:
Subject:
"wellsclyde@juno.com" <wellsclyde@juno.com>
<maryanne. zu kowski@cityoffederalway.com>
03/13/2005 1 :45: 18 PM
15 exit at Federal Way
Maryanne Zukowski
We feel that an exit from 15 onto South 324th Street will not provide the traffic relief needed for Federal
Way. This would dead end the traffic onto Highway 99 unless you plan to widen S. 324th west of Highway
99 and divert the traffic through Celebration Park. This would back up traffic at the Commons entrances.
What would happen to the existing power line towers?
We feel the answer would be an exit at South 312th Street. Traffic could flow into business plazas along
S. 312th and Highway 99, Dash Point, Redonda and other areas served by S. 312th. There should be
enough room to put the exit between the apartment buildings and the fire station.
Thank you for your presentation to the Belmor residents. We feel strongly that South 312th Street would
be a better solution.
Clyde and Dorothy Wells
Belmor residents #23
Yahoo! Mail - mekijkpk
Pagel of I
MAIL
Print - Close Window
From:
Thl.l, 10 Mar 2005 19:24:09 -0800 (PST)
"john kellyff <mekjjkpk@yahoo.com>
Date:
Subject: FREEWAY EXIT
To:
"MARY ANN ZUKOWSKI" <maryannezukowski@cityoffederalway .com>
MY NAME IS JOHN J KELLY. I LIVE IN BELMORE PARK, WITH MY WIFE MARGARET. WE BOTH FEEL
THAT AN OFF RAMP FROM i-5 ONTO 324TH STREET WOULD BE A BAD tOEA. FOR THE FOLLOWING
REASONS. 1- EXCESS TRAFFIC ONTO 324TH WOULD MAKE IT EVEN MORE DIFFICULT TO EXIT
BELMORE PARK OR ENTER BELMORE PARK FROM 324TH. 2-WE HAVE ALREADY HAD ONE FATALITY
AND A FEW BAD ACCIDENTS IN FRONT OF OUR ENTRANCE BECAUSE OF EXCESS TRAFFIC ON 324TH,
AS IT IS. WE DONtT NEED MORE TRAFFIC.3 - IT WOULD BE TOO CLOSE TO EXIT 320TH WHICH IS IN
OPERATION KNOW. SO 312TH WOULD BE FARTHER AWAY FROM THE PRESE NT 320TH EXIT. 4-
MAYBEE AN EXIT DOWN AROUND 336TH THE CHRtSTAIN FAITH CENTER COMPLEX WOULD EVEN
MAKE MORE SENSE. AS ABOUT 75+% OF THERE MEMBERS WILL COME TO THAT AREA VIA THE
FREEWAY. PLEASE CONSIDER OTHER AVENUES THEN 324TH. THANK YOU JOHN I MARGARET
KEllY 253449-5347
Comment on Endangèred Wetlands Under Mod 1 and Mod 2 Plans for
City Access Improvement, 2/3/05
Chris Carrel, executive director of the Friends of the Hylebos, and I (past
president of the board and professional biologist) visited a wetland just east of
the 320th and 1-5 interchange and reviewed the status of the bog there on
2/1/05. This site had been shown to us in early 2001 by Louise Kulzer, a bog
expert with King County Department of Natural Resources. As was the case four
years ago, we found an apparently healthy sphagnum peat bog, populated with
bog laurel, lavender tea, reindeer lichen, and sphagnum moss. A review of our
notes from 2001 seems to indicate that this bog is still in excellent shape, and
little, if anything has changed from that earlier visit.
According to Louise Kulzer, only 3 percent of the wetlands in King County
are bogs, and this particular bog is one of the few remaining bog wetlands in King
County. We estimate that this wetland comprises an area of approximately
5000- 7000 square feet, and lies within 50 feet of 1-5 on the west, near the
Olympic Pipeline, and bordered by the base of the Capital One parking lot fill on
the east.
It appears from the existing design drawings that either the Mod 1 or Mod
2 in the City Access Study may directly intrude on the bog. Given the ecological
importance of bogs and the regulatory issues involved in wetlands, the Friends
felt it important to raise the issue of a potential conflict with the bog wetland at
this early stage so that it can be considered as this decision-making process
moves forward and the future NEPA/SEPA studies are undertaken.
I'm attaching maps of the approximate location of the bog on the designs
for Mod 1 and Mod2, as proposed by the City Access Study teams. I'm also
including some photos taken of the bog in 2001 and four years later, in 2005.
We appreciate your willingness to consider this issue and to move forward
with this locally rare ecosystem in mind.
SinCerelY~ ,-
~ . /
Eric Stavney
Friends of the Hylebos Wetlands
Representative on the City Access Stakeholder Team
Comment on Endangered Wetlands Under Mod 1 and Mod 2 Plans pg 1 of 4
Approximate location of the bog on Mod 1 and Mod 2 Design Plans
MOD. 1
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[§_ii~i~~~~E2~,~~E",~~,~~II~EíiXJiL~i§5~~",§~EE~,",~ipJ!~@Æñ~!Iful=5 "2-1-05)
From:
To:
Date:
Subject:
"Stavney, Eric" <EStavney@sea.devry.edu>
"Maryanne Zukowski" <Maryanne.Zukowski@cityoffederalway.com>
02/02/2005 3:02: 16 PM
Casual survey of wetlands behind Capital One next to 1-5 (2-1-05)
Hi Maryanne,
Chris Carrel, executive director of the Friends of the
Hylebos and I visited the wetlands just east of the 320th and 1-5
interchange yesterday and reviewed the status of the bog there. Chris
had visited the bog in early 2001 with Louise Kulzer, a King Co. Natural
Resources bog expert to see how intact and pristine the bog was. As you
have earlier indicated learning from Wash DNR, the bog there is indeed
a sphagnum peat bog, complete with healthy hummocks (little hills) of
bog laurel, lavender tea, reindeer lichen, and sphagnum moss. In
examining his notes from the 2001 trip, Chris and I determined that the
bog today (as of 2/1/05) is still in excellent shape, with vigorous and
healthy growth of classic peatbog vegetation. In fact, Chris was
hard-pressed, without a more thorough survey, to say that much have
anything has changed in the last 4 years in this bog.
According to Louise Kulzer, this bog is one of the few
remaining pristine wetlands of its type in King County. We estimate
that it probably comprises an area of approximately 5000-7000 square
feet. Since the bog is still in great condition, we can't say it has
degraded to a point where a new freeway onramp wouldn't be destroying
anything worth saving. The bog is still indeed vigorous and lovely, and"
is essentially a precursor plant community to what we now see in the
West Hylebos wetlands - a park that the State and now Federal Way has
already embraced as being well worth preserving.
The position of the Friends and myself (as a professional
biologist) would be to promote a greater awareness of this rare wetland
and the possible conflict with the development of either Mod 1 or Mod 2
in the City Access Study. We'd like the Core Team and other
decision-making bodies to understand what could be lost with the current
design plans and to understand potential problems in passing the future
NEPAISEPA studies with these designs. Perhaps changes in the plans for
the east side of the interchange could save this little gem.
I'm attaching some photos taken in February 2001 of the
wetlands during the Louise Kulzer trip which look almost identical to
those we took in the same location yesterday (2/1/05). I can supply
more current photos if it would be helpful at this point to get them
into the record. '
, Thank you for your willingness and interest to include our
opinion on this issue.
Eric Stavney
...,~~~
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p
3600 S. 344th Way
Federal Way, WA 98001
estavney@sea. devry. ed u <mai Ito: estavney@sea. d evry. ed u>
(253) 943-3135
cc:
"Chris Carrel" <chinook@hylebos.org>
 Weyerhaeuser
The future is growing ,.
{I(!: JtldM~11ú
Corporate Headquarters 0
PO Box 9777
Federal Way WA 98063-9777
Tel (253) 9242345
February 17,2005
The Honorable Dean McColgan, Mayor
Mr. David Moseley, City Manager
\/' Mr. Cary Roe, Director of Public Works
City Hall
33325 8th Ave S
PO Box 9718
Federal Way, WA 98063-9718
A ECE\V ED
FEB 2 2 2005
fEDERAL WAY PUBUC WORKS
ADMINlSiRAilON DIVISION
Dear Gentlemen:
The City of Federal Way held an open house on February 3, 2005, for the public to review
the two remaining options to improve transportation access to Federal Way's city center.
Weyerhaeuser would like to respond to the City Center Access Study Team and the City of
Federal Way on how those options will impact the company's campus.
We believe the South 324th Street bridge crossing option would significantly increase
traffic on Weyerhaeuser Way South, particularly during peak commute hours.
Additionally, the traffic flow would end at 32nd Avenue South or Weyerhaeuser Way
South, which will require traffic to merge on to 320th or 336th. These streets already are
overcrowded. This option would take fewer vehicles off of South 320th, would also require
use of some part ofWeyerhaeuser's property behind the company's technology center, and
would disrupt our walking trails, all of which is a concern to us.
In our view, the South 31 ih street option provides the potential to enhance a street grid that
can eventually connect to Hißhway 167. Traffic moving south from Seattle could exit at
Soutþ. 312th or the South 31 i car pool lane, taking vehicles off of I~5 prior to reaching
South 320th where the City Center Access Study Team improvements are targeted.
We appreciate your consideration ofWeyerhaeuser's concerns. Please feel free to contact
Jan Gibson, Weyerhaeuser Facilities Director, at 924-4442 if you have any questions or
concerns.
7;~~
Debra Hansen
. Vice President
Weyerhaeuser Business Services
From:
To:
Date:
Subject:
"Gibson, Jan" <jan.gibson@weyerhaeuser.com>
"Maryanne Zukowski" <Maryanne.Zukowski@cityoffederalway.com>
01/14/200510:28:02 AM
RE: City Center Access Study - Comments
Maryanne,
Please enter the following statement into the comments for the core team
meeting on January 18.
After discussing the three remaining options for the Federal Way City
Center Access Study, Weyerhaeuser has some concerns about the local
option and mod 2. Both of these options will cut into our property and
increase traffic on Weyerhaeuser Way. We look forward to the
environmental study to help us better understand these impacts.
Jan Gibson
Facilities Director
Weyerhaeuser Business Services
CH 3G18, (253) 924-4442
Fax: (253) 942-0614
jan. g i bson@weyerhaeuser.com
CC: "Akiyama, Patricia" <patricia.akiyama@weyerhaeuser.com>, "Costello, Wally"
<wally.costello@quadranthomes.com>, "Hansen, Debra" <debra.hansen@weyerhaeuser.com>
Ma. . anne Zukowski.': ResRonsfÚo. "our 9uestioñ..§
-~~~.
Pa e
From:
To:
Date:
Subject:
"Lattemann, Jack" <Jack.Lattemann@METROKC.GOV>
"Maryanne Zukowski (E-mail)" <Maryanne.Zukowski@cityoffederalway.com>
02/22/2005 8:02:34 AM
Response to your questions
I've only talked with Pierce Transit, and can say both King County Metro and
Pierce Transit have an interest in further, more detailed analysis of the
alternatives in an environmental process to help clarify the transit issues
identified during the City Center Access Study, and identify interchange and
arterial improvements that would benefit transit access and operations.
In regard to financial contributions to future studies and grant
applications, I will leave an answer to that question up to the grants
staff in the King County DOT's Director's Office; a contact there for
you would be Peter Heffernan (206-684-1812).
The respective addresses for Ann and me are:
Ann Martin, Principal Transportation Planner
Office of Regional Transportation, DOT
KSC- TR-0814
201 S Jackson St
Seattle, WA 98104-3856
Jack Lattemann, Transportation Planner IV
Service Planning, Transit Division, DOT
KSC- TR-0422
201 S Jackson St
Seattle, WA 98104-3856
Jack Lattemann
Transportation Planner IV
Service Planning - Transit Division
King County Dept. of Transportation
Phone: (206) 684-6764
E-Mail: jack.lattemann@metrokc.gov
cc:
"Martin, Ann" <Ann.Martin@METROKC.GOV>
8
{If; (ÒcJ¿
Kt' { L.
King County
Metro Transit Division
Service Planning
Department of Transportation
King Street Center, KSC-TR-0422
201 South Jackson Street
Seattle, WA 98104-3856
RECEIVED
JAN 1 9 2005
FEDERAL WAY PUBLIC WORKf
ADMINISTRATION DIVISION
January 12,2005
Maryanne Zukowski, P.E., Project Manager
Federal Way City Center Access Study
City of Federal Way, Public Works Department
P.O. Box 9718
Federal Way, W A 98063-9718
Dear Ms. Zukowski:
Thank you for organizing the December 15,2004 meeting that brought together staff from the City of
Federal Way and the three transit agencies serving the City to discuss transit-related issues of the Federal
Way City Center Access Study with the project consultant staff of CH2M Hill. The purpose of this letter
is to follow up that meeting, as well as the discussion at the regular project support team meeting held on
December 21, 2004. Summarized below are several of the points we discussed along with some
additional comments generated by internal discussions among King County staff. I have organized our
comments under six headings to facilitate further discussion.
1. The Federal Way City Center Access Study should make recommendations that further the objectives
set forth in the City's Comprehensive Plan.
Compliance with local and regional planning goals is a critical objective and requirement of any
future transportation improvements in downtown Federal Way. As one of the key urban centers in
Central Puget Sound, both the Federal Way Comprehensive Plan and the Puget Sound Regional
Council's Vision 2020 (and Destination 2030) planning documents emphasize the need to focus
density (jobs, housing, shopping) within the City Center. Both of these documents recognize that the
success of the urban center strategy is dependent on transit absorbing a significant share of the new
trips in the urban centers and throughout the region as a whole. Critical to this strategy is the
implementation and development of transit-supportive improvements within downtown Federal Way.
The transportation chapter of the City of Federal Way's Comprehensive Plan (Chapter Three, Revised
2003) identifies the City Center as a transit-supportive urban center consistent with the Vision 2020
plan adopted by the Puget Sound Regional Council. Geographically, the Plan identifies 20th Ave. S.
and proposed S. 318th St. as the central point of the Urban Center. The Plan establishes
transportation goals and policies for the City Center that place heavy reliance on public transit's
attraction of a much higher mode share of travel in the future. To this end, the new Federal Way
Transit Center under construction by Sound Transit at 23rd Ave. S. and S. 317th St. "is considered by
the City as a major anchor to the urban center designation..."
Maryanne Zukowski, P.E.
January 12,2005
Page Two
The Plan poses some fonnidable mode split policy objectives for transit to carry (Policy TP69):
.
15% of all daily person trips
.
30% of all daily work trips
.
40% of all work trips between activity centers
The Plan acknowledges that a series of supportive actions are essential to support increased densities
and the transit vision for the City Center. Specifically mentioned are street planning to provide
"exclusive access routes to transit centers" as densities increase, developer incentives, focused public
investments, improved traffic circulation, and improved non-motorized (pedestrian and bicycle)
access.
This is the adopted framework against which the consistency of City Center Access alternatives needs
to be evaluated. To date significant investment has been made to accomplish both the broader goals
of Vision 2020 and the specific goals and objectives outlined in the City's Comprehensive Plan.
Significant facility and service investments supporting transit, such as the new Federal Way Transit
Center and related direct HOV access, are now under construction. In the case of the City Center,
future infrastructure investment will drive the nature of future development, auto-oriented versus
ped estrian/trans i t -ori en ted.
Without the accommodation of transit-oriented focused growth in the urban center, growth may occur
in areas outside the urban centers where it is more auto oriented with less infrastructure, where it is
more difficult to manage and provide effective transit services and facilities. The City Center Access
Study provides a strategic opportunity to build upon current investments and to identify the critical
transit-oriented improvements needed to support the short- and long-range goals outlined by the City
in its Comprehensive Plan.
2. More infonnatÌon is needed on the types of trips (both internal and external) that the City Center
Access recommendations are designed to serve.
A major question for the Federal Way City Center Access Study is what future trips are the access
alternatives attempting to serve. The Comprehensive Plan identifies more than half of future trips as
"internaL" However, most of the discussion at support team meetings has been focused on how best
to improve the circulation of trips moving to and from 1-5 and through the City Center. A specific
concern has been how to alleviate future traffic volumes on S. 320th S1.
We believe the discussion of City Center access alternatives would benefit from more infonnation on
the nature of the trips to be served by the proposed improvements (regional versus local, work versus
non-work, transit/HOV versus auto). This infonnation should be available from model runs already
completed. Desirable data are:
Maryanne Zukowski, P .E.
January 12, 2005
Page Three
.
What proportion of the future trips on existing arterial segments is "internal" (i.e., originate and
terminate within the study area), and what proportion is "external" (i.e., originate or terminate
outside the study area)?
.
What percentage of future peak hour trips on S. 320th St. is actually diverted to other corridors
(3 12th and 324th streets) by the proposed improvements?
.
What is the percentage mode share of future trips made by transit that is assumed by the model
for 2030? How does this compare with existing mode share?
.
What impacts do the three City Center access alternatives have on the vehicle miles traveled
(VMT) of "internal" trips compared to Baseline?
3. One-way arterial operations do not work for effective and efficient transit access and operations, and
are unacceptable for accomplishing the policies and objectives for the City Center as set forth in
Federal Way's Comprehensive Plan.
A major focus of the letter sent to you by Sound Transit, Pierce Transit, and King County Metro on
November 9,2004, was the potential impacts to transit service and facilities by the one-way couplet
local alternative.
As we discussed at the December 15,2004 meeting, the transit travel time criterion used in the final
evaluation of City Center Access alternatives was too focused on a single arterial segment to address
all of the costs (or all of the benefits) to transit.
Potential transit impacts of one-way couplet operation in the City Center would include:
.
Circuitous routing for five existing King County Metro Transit routes (plus additional potential
future routes) would significantly increase operating costs;
.
The one-way couplet would increase out-of-direction travel for auto access to Sound Transit's
park-and-ride garage, currently under construction, as well to the existing Federal Way Park-and-
Ride (P&R), thereby reducing the attractiveness of these facilities for transit, carpool, and
vanpool use;
.
Potential delays to transit movements in and out of the new transit center at 23rd Ave. S. and
S. 317th St. would negatively impact transit service;
.
One-way streets would require the relocation of existing bus stops and re-routing of existing
transit routes, thereby increasing future transit operating costs while reducing the ability of transit
to attract increased modal share. Transit-supportive facilities should be added to the interchange
alternatives to improve or counter-balance the impacts on transit:
Maryanne Zukowski, P .E.
January 12,2005
Page Four
Each interchange alternative would need to be analyzed in greater detail to detennine the specific
impacts to transit operations and facilities. For example, the Mod. 1 alternative (S. 312th/320th
interchange) might benefit transit access to the Federal Way park-and-ride lot if an HOY queue-jump
lane were provided on the southbound off-ramp to S. 320th St. Likewise, the Mod. 2 alternative (S.
320th/324th interchange) could benefit transit access to the Federal Way park-and-ride lot if a queue-
jump HOY lane were provided on the southbound collector-distributor ramp to S. 324th St.
The Mod. 2 alternative would potentially also take away some capacity at the existing Federal Way
park-and-ride lot, and might require reconstruction of the transit circulation roadway and boarding
platfonn. These impacts have not been analyzed or quantified, but should be analyzed if Mod. 2
becomes the preferred interchange component of a City Center Access project.
4. The concept of a transit contraflow lane does not adequately address the impacts of a one-way couplet
to transit summarized earlier in this letter, and in fact raises some new issues.
During the support team discussions of the alternatives, the consultant team introduced the concept of
a northbound contraflow lane for transit under the one-way couplet alternative. The contraflow lane
was described as a potential "mitigation" of the potential adverse impacts of the one-way couplet to
transit operations.
In our view, the concept of a transit contraflow lane does not adequately address the broader impacts
of a one-way couplet to transit summarized earlier in this letter, and in fact raises some new issues:
.
The contraflow lane would have to be designed to allow buses pass one another. Otherwise, an
inoperable bus would shut down the lane.
.
Optimal operation of a single contraflow lane would require no bus stops along 23rd Ave. S.
This would mean that northbound buses on 23rd would not be able to stop to pick up passengers,
which would effectively decrease transit access in the area.
.
A contraflow lane on 23rd Avenue South would defeat one of the objectives ofa one-way couplet
by introducing an additional signal phase at 23rd Ave. S. and S. 320th St. The need for an
additional phase was not assumed in the consultant analysis ofthat intersection's operation under
the one-way couplet.
.
A contraflow lane for transit would be an inviting path for non-transit violators, and enforcement
would be problematic if no pullouts were provided for police to pull over violators.
Maryanne Zukowski, P .E.
January 12, 2005
Page Five
5. Identification of a set of local improvements may not be an all-or-nothing decision about the one-way
couplet alternative, since the City Center Access Study has identified several promising arterial
components that could be packaged together to complement interchange improvements.
We have a general concern about which set of local improvements will be matched up with a set of
preferred interchange improvements. The following arterial improvements merit further investigation
as components of a local alternative that would be consistent with the transportation policies and
objectives of the City's Comprehensive Plan:
.
Additional east-west access provided by a S. 324th St. overcrossing
A South 324th overcrossing ofI-5, without the interchange component, does have the effect of
significantly decreasing future traffic volumes on S. 320th St.. The consultant analysis prepared
for the Second Level Screening showed that 23rd Avenue S./S. 320th St. movements decreased
by 440 vehicles per peak hour, with significant decreases also recorded at 1-5 and S. 320th St.,
Highway 99 and S. 320th, and 25th Avenue S. and S. 320th. This element also has the advantage
over the one-way couplet of only slightly increasing traffic volumes at the intersection of
Highway 99 and S. 324th St.
.
S. 316th St. improvements
S. 316th St. will playa key role in future circulation through the City Center. It is the east-west
street that bisects the area expected to develop at the highest densities in the future, in addition to
being one of the key access routes to the Transit Center. Potential enhancements to this street as
a two-way facility should be examined.
.
Future configuration of 21st Avenue S.
The consultant analysis assumed the completion of 21st Avenue S. as a two-way arterial. In fact,
the City plans to construct this street between the Transit Center and S. 320th St. in 2006-2007.
Present plans call for only a three-lane profile plus bike lanes; the provision of a signal at 21st and
S. 320th St. is still to be determined. We would like to see more analysis of the future projected
traffic volumes with future projected bus volumes taken into account, as well as the adequacy of a
three-lane profile, given this street's potential importance as an access path to and from the
Transit Center.
.
Potential changes to traffic operation at key intersections
Restriction of specific turning movements, particularly along S. 320th St., might have the
potential of improving traffic circulation in conjunction with other changes. We would also like
to see additional analysis done of the signal at 25th Avenue S. and S. 320th St., important for
transit buses exiting Federal Way park-and-ride lot. Consideration of a transit-only signal at this
location would be preferable to its complete elimination.
Maryanne Zukowski, P .E.
January 12, 2005
Page Six
The King County Department of Transportation and the Metro Transit Division stafflook forward to
further discussion of the above comments with City staff and members of the project support team. If you
have any questions about these comments, please contact Jack Lattemann, Transportation Planner, at 206-
684-6764.
ü~~
Victor Obeso
Supervisor, Service Planning
Metro Transit Division
------". \
((, '\ \ .
\_~ /k./v '~
Ann Martin
Principal Transportation Planner, Office of Regional Transportation
DOT
cc:
Rick Perez, P.E., Traffic Engineer, Public Works Department, City of Federal Way
Dan Eder, Project Development Coordinator, Regional Express Department, Sound
Transit
Tim Payne, Senior Operations Planning Manager, Pierce Transit
Eric Gleason, Manager, Service Development, Metro Transit Division, DOT
Jack Lattemann, Transportation Planner, Service Planning Group, Metro Transit Division, DOT
:- Mãrÿä';,r:ïe Zukowski~'OpenHouse
l......-"....'-"""""""" ...... .....
.. .. . ..' "" ...... .. -. . n..
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From:
To:
Date:
Subject:
<Jean ne.Acutanza@CH2M.com>
< Marya n ne. Zu kows ki@cityoffederalway.com>
02/07/20051:39:16 PM
Open House
The comments I heard at the open house included:
1. Lots of comments from the residential community south of 324th (330
homes) that would like access to the Mall but would want a signal mid
block.
2. People had a better understanding of what we are solving and the
relationship to the urban center -- some folks claim the mall is dying
and the urban center is unrealistic.
3. Most of the other comments were more or less not in my back yard.
4. Generally folks thought there was a solution to the Steele Lake park
issue by developing and overcrossing.
Jeanne Acutanza, PE
CH2M HILL
425-233-3387
cc: <Andrew.Barash@CH2M.com>, <Roger.Mason@CH2M.com>,
<Brian. Dearing@CH2 M.com>, <Craig. Grandstrom@CH2M .com>
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From:
To:
Date:
Subject:
"Church, AI" <allen.church@federalwayfire.org:>
"Maryanne Zukowski" <Maryanne.Zukowski@cityoffederalway.com>
01/20/20052:02:27 PM
RE: Hello there...
MaryAnne...
I had my entire Administrative Team review the final proposals...and we
are all in agreement supporting the off-ramp and extension of 312th
street. This option makes the most sense from an emergency response
perspective.
AI
Fire Chief/Administrator Allen D. Church
Federal Way Fire Department
31617 - 1 Ave. So.
Federal Way, WA. 98003
#253.946.7258
alien. chu rch@federalwayfire.org
From: Maryanne Zukowski [mailto:Maryanne.Zukowski@cityoffederalway.com]
Sent: Friday, January 14, 20052:36 PM
To: Church, AI
Subject: Re: Hello there...
Next week is OK -I run the core team meeting on Tuesday 10-12 so any
time after that would be best. I could put the drawings up on the
screen for you. Pick any other time in the week and I can make that
work also - just let me know.
mz
»> "Church, AI" <allen.church@federalwayfire.org> 01/14/20052:25:46 PM
»>
Hi MaryAnne...
--
anne
Whew...we are two BUSY people. You with all your engineering work on the
access study...me with work on a proposed fire department merger, ALS
feasibility Study and some legislative issues. Holy cow!!! Not bad for a
couple of Curtis Grads...
I reviewed the three plans which the Core Team supports and they all
look fine to me. Obviously, the 288th on/off ramp was my desired
outcome. However, the plans being proposed by the Core Team would work
well for the fire department. The 312th extension over 1-5...the ring
road (even though 1 way roads can be problematic for us, it still
provides us the ability to use lights and sirens for access against
traffic if necessary)...and the 324th overpass over 1-5 all work well in
helping to reduce congestion and eliminate potential traffic snarls and
accidents. All of which we can support.
I would still like to find some time to meet with you and go over the
three proposals...perhaps next week???
Thanks...off to another meeting.....
AI
Fire Chief/Administrator Allen D. Church
Federal Way Fire Department
31617 - 1 Ave. So.
Federal Way, WA. 98003
#253.946.7258
alien. ch u rch@federalwayfire.org
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From:
To:
Date:
Subject:
"Gary Martindale" <gmartindale@tcafw.com>
<maryanne.zukowski@cityoffederalway.com>
02/04/20059:11:50 AM
City Center Access Study
Maryanne:
Thank you for taking the time to discuss the City Center Access project
with me last evening. This is an exciting step for the City of Federal
Way, which needless to say will have a very positive impact on our mall.
As I mentioned when we spoke, it would be helpful if I could get copies
of certain items as follows:
- Coy of selected Modification 1 Option
.. Copy of selected Modification 2 Option
- A copy of the local option that was eliminated
- Timeline graphic
- Anything else you might deem important as I share this with our
corporate office staff
If these are in electronic format, e-mailing them to me would be great.
Thanks for all your help-
Gary R. Martindale, CLS, SCSM
General Manager - The Commons at Federal Way
Steadfast Commercial Management Company, Inc.
1928-B S Commons
Federal Way, WA 98003
253.839.6156 office
253.946.1413 fax
CORE VALUES
PROCEED WITH INTEGRITY
VALUE PEOPLE
EMBRACE OPPORTUNITIES
PURSUE EXCELLENCE
DO GOOD AS WE DO WELL
.., ,........ .. ..., '....
""""""---'" ..., "...._..~~g~..,...!
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From: "h.david kaplan" <hdk1934@hotmaiLcom>
To: <griebonow@abam.com>, <dinid@multi-servicecenter.com>, <autumnl@aoLcom>,
<celldumred@foxinternet.net>, <kurt. reuter@cityoffederalway.com>, <dperry@lakehaven.org>,
<spaul@ci.pacific.wa.us>, <estavney@sea.devry.edu>, <steverapp@comcast.net>,
<renowicki@aoLcom>, <Iisakaay@msn.com>
Date: 10/13/20043:57:38 PM
Subject: FW: CCAS Stakeholders and S. 312 Street
>From: "h.david kaplan" <hdk1934@hotmaiLcom>
> To: Maryanne.Zukowski@cityoffederalway.com, hdk1934@hotmaiLcom
>Subject: CCAS Stakeholders and S. 312 Street
>Date: Wed, 13 Oct 200415:55:21 -0700
>
>Dear Maryanne:
>
>As per our discussion at this afternOon's meeting, I would like you to pass
>on the following comments when you next report to the LUTC.
>
>Many of the options we have been reviewing include either a bridge or an
>interchange at 1-5 and S. 312th Street. I would like to go on record to
>express my opposition to a bridge crossing 1-5 at S. 312th Street or a new
>freeway interchange at S. 312th Street and 1-5. (I also am opposed to the
>S. 312th Street Bridge in the City's Comp Plan. I will address that during
>the next phase of Comp Plan amendments.)
>
>1 have the following reasons for my opposition:
>
>1. It would be necessary to widen S. 312th Street through Steel Lake Park
>to at least three lanes, if not four. Either modification would negatively
>impact both the Massengale Ball field on the north side of S. 312th Street
>and 28th Avenue South and the Skate Park at the South side of S. 312th
>Street and 28th Avenue South.
>
>2. The heavy traffic resulting from either of the options would negatively
>impact pedestrian safety at the crossing between the two parts of the park.
>
>3. There are wetlands at 28th Avenue South and S. 312th, as well at the
>western boundary of the park on the South side of S. 312th Street. Buffer
>requirements would made roadway construction difficult, if not impossible
>to do at a reasonable cost.
>
>4. We now have a pair of two lane streets at the intersection of 28th
>Avenue and 312th. The added traffic because of the 1-5 exit at 312th, plus
>HOV traffic heading north from 317th on 28th Avenue South, would negatively
>change the charader of the neighborhood.
>
>5. The tremendous cost of land acquisition and construction may not warrant
>the value received in terms of traffic advantages and quality of life.
>
> Thank you for passing on these thoughts to LUTC.
>
>H. David Kaplan
>
Express yourself instantly with MSN Messenger! Download today - it's FREE!
http://messenger.msn.click-url.com/go/onmOO2004 71 ave/directlO 11
cc:
<Maryan ne. Zu kows ki@cityoffederalway.com>
From:
To:
Date:
Subject:
"Gary Jones" <Bigdog4142@msn.com>
< m a rya n ne. zu kowski@cityoffederalway.com>
02/01/20053:01:11 PM
1-5 Access, S.304th St.
First, let me begin by saying that the concept of any service connection to 1-5 at S. 312th St. is completely
unacceptable! What are you thinking of? Surely you are not so ignorant as to not be aware of the Steel
Lake Park facility, or are you? Surely you are aware that the area is residential. Do you expect the
citizens to suck up the financial loss from a devaluation of their homes and move on, due to your
ignorance in placing 1-5 access in a residential areà? Or are you truly aware of how ludicrous this concept
is and are just plain arrogant in stuffing this down our throats, as has been done in other instances!
Gary "Big dog" Jones
CC: "Susan Jones" <sugar4142@msn.com>, "Ryan Jones" <jonesrI1978@msn.com>,
"Philip Jones" <pjkj@comcast.net>
not a
From:
To:
Date:
Subject:
"Geoffrey C. Kelly" <celldumred@foxinternetnet>
"Maryanne Zukowski" <Maryanne.Zukowski@cityoffederalway.com>
01/30/2005 12:21:44 PM
Delivery Failures perhaps not a bad thing!
My ISP a few weeks back told me my mailbox was close to getting full and mentioned the box's size.
Basically, your large and multiple mailings are filling the box and it shuts down and won't accept the
mailing that generates the delivery failure message. However, I've not e-mailed you anything (but this)
since the November 11 meeting notes.
Basically, anything I would want to send you would not be a happy message. Seeing the city won't find the
money to do half of what this worthless study proposes - and ignored what it could - I consider last year's
efforts a colossal waste of time. As a taxpayer long livid at the city's take from my wallet, the money
expended on this work only continues this sorry trend. And even if the city did find funding, the proposed
actions would do zilch to solve the through city passage woes of the western city commuters whose
interests I proposed to represent.
But thank you for your assistance and communications on this matter as facilitator. I knew I was in for an
unhappy ride from the get go so can only blame myself for the self abuse.
Sincerely - G. Kelly
t:~~i¥.~~ïi~~,.~,~~?:~~~~.,~ ~"C?,~'~~~'n~.'t~o_'-äll ~t~ke~-?T~er'~?n;:~i~~~.~~!liei~~_e!~=_.,-~-~~~..~:"-==~~:'~'::-:=":".', :-"':',":,.,.. '~""::,,._'" ',-,._-::~,'::~~':'=~::~~~::~~~~:e::_:_'!
From:
To:
Date:
Subject:
"Stavney, Eric" <EStavney@sea.devry.edu>
"Maryanne Zukowski" <Maryanne.Zukowski@cityoffederalway.com>
02/09/20052:39:58 PM
A comment to all stakeholder committee members
Hi Maryanne,
Would you be kind enough to forward this email to all the
members of the City Access Stakeholder Committee?
Dear Stakeholder Committee Member,
I wanted to take a moment to thank you for what you've
taught me about politics and government "by the people". While I have
sat in on City Council meetings and a few city hall siting meetings, and
am a 2 year member of a nonprofit board of directors, I've never served
on a jury, or a city commission. Aside from how our efforts will play
out with the Core Team and the Council in the future, I wanted to thank
you for what I believe to be a fantastic lesson in civics at its best.
At City Council meetings and the local newspapers, I've
observed many irate people who aggressively bombard the City with their
bitter complaints. I've heard all the usual rumors about council
members and city workers and whose pocket they're in, what special
interests they supposedly "cave in" to, and how the City always decides
to always do whatever it thinks best, regardless of public opinion. I
don't believe all or most of this vitriol, mostly because the
complainers are rarely those who ask to be part of the government
through volunteerism, commissions, and teams. No one on our committee
comes even close to the personalities I've observed among the bitter
complainers.
I was sincerely struck with pleasant surprise at how
dedicated every member of the committee was, asking astute and probing
questions, thinking thoughtfully, and bringing unique viewpoints to the
table. Very early on in the process, I realized that our group was not
a mere collection of typical disconcerted citizens, but a group of
people who really cared about the city, its welfare, and its future. I
thought the debates we had were very healthy, interesting, and
provocative. I always went home with a handful of viewpoints and
considerations, feeling enriched and excited about being given so many
things to think about, and the opportunity to discuss them with
reasonable, intelligent, and committed committee members. If any of our
other City commissions and teams have citizens that are as dedicated as
you all were, and I believe they do, this completely destroys the
contentions of those who feel that government and the citizenry are
mutually exclusive, and bitter enemies at that. For me, we became part
of the City government for a whole year.
If our Stakeholder Committee was indeed a novel experiment
L§iY.~~~l~~~~~~-i.'~: ~."<:~.~ ~~~I~~~~~~~~-9!~~~,~~~!ii_~.!~~~....~~~..~-~~~...~.,..~~:=:.=. :~:~.~ ~ ...::~:~=--..~~_..:_. ,._~~.: .... :".... . ..~::..'.~~'.:_,~:..'...::. ....::~:-.. .:..~~g~"'J ~
in public participation, I wholeheartedly endorse such an idea for
future projects. I wanted to personally thank you all for the
integrity, honesty, and consideration for other's opinions that you
showed in our discussions. I felt honored to be counted among you.
Eric Stavney
3600 S. 344th Way
Federal Way, WA 98001
estavney@sea.devry.edu <mailto:estavney@sea.devry.edu>
(253) 943-3135
~J
ð~:~
U.S. Department
of Transportation
Federal Highway
Administration
Washington Division
Suite 501 Evergreen Plaza
711 South Capitol Way
Olympia, Washington 98501-1284
(360) 753-9480
(360) 753-9889 (FAX)
http://www.fhwa.dot.gov/wadiv
February 17,2005
HFO-W A.7/ 560
Cary Roe, P.E. Public Work Director
City of Federal Way
33325 8th Ave. S.
P.O. Box 9718
Federal Way, WA 98063-9718
RECE\VED
FEB 2 2 2005
fEDERAL WAY PU\3UC WORKS
ADMINISiRATrON DIVISION
Federal Way City Center Access Study
Dear Mr. Roe:
The Federal Highway Administration (FHW A) would like to recognize the outstanding work
performed by tht City of Federal Way on the City Center Access Study. Because of our
involvement in the process, the FHW A can say, with all honesty, that this project was one of the
most organized and best managed studies of this nature we've witnessed. FHWA is impressed
with the process that was followed, especially the public involvement portion.
The project team, managed by Maryanne Zukowski, did an amazing job of balancing and
organizing all the information from two work groups. This project is a great example of a
Context Sensitive Solutions approach. While it adhered to governmental regulations and polices,
it also took into consideration the public's concerns and desires.
Knowing this was one pmi of a larger process to get a final project built, the project team also
did an excellent job of incorporating other factors, such as the National Environmental Policy
Act and the FHW A Access Decision Point Policy.
This study is truly a great example of the results that can be achieved when you get the right
partners to the table and work cooperatively. However, it can't be done effectively without a
great manager and supporting team. So please congratulate your staff and CH2M Hill for a job.
well done.
Sincerely,
f)~f1L.~
DANIEL M. MATHIS, P.E.
Division Administrator
e Zukowski - Pro osëërexitsfrom ¡:£).
=~-_._,-_....=~_."..- .., . ,.,~...
From:
To:
Date:
Subject:
Bob Evans <bobevans38@yahoo.com>
< ma rya n n e .zu k ows ki@cityoffederalway.com>
03/06/20051:23:19 PM
Proposed exits from 1-5
We want to register our opposition to construction of an exit from 1-5 at 324th St in Federal Way. Out
traffic on 324th is excessive at this time. It will be even worse after the addition of the multi-screen theater
in The Commons across the street from Belmor Park where we live. We already get a tremendous
amount of traffice from the 320th exit of those who circle The Commons rather than go to Pacific Highway
to turn south.
I have been randomly monitoring the flow of traffic from 1-5 onto 320th since you held the meeting at our
Belmor clubhouse. I see streams of cars exiting at 320th and turning right at 23rd to go to the many
businesses north of The Commons and along 320th. I followed 4 cars the other day: 1 went to New
Lumber & Hardware, 1 to The Lock Shop, 1 to Carpet King and the other was still headed north on Pacific
Highway when I turned off. Those cars would have exited at 312th if they had a chance, thus reducing the
heavy traffic that exits at 320th from 1-5. I did this same type survey several times and with similar results.
The 312th exit makes better sense because the traffic could then go beyond Pacific Highway to the west
and would have easier access to the many businesses, schools, and homes in that area.
An exit bringing more traffic to 324th only benefits the businesses at The Commons. They are not our
only busin~sses to be considered as a support to our City. A 324th exit would not help traffic since it
would be the same cars now coming off at 320th that circle The Commons to get to Pacific Highway to go
south or to the area of the new City Hall, hospital, clinics, etc. that are south of 324th and west of Pacific
Highway. To generate even more traffic onto the already-difficult-to-turn-onto-or-from Pacific Highway,
and to the 10 mph route through Celebration Park only creates additional bottlenecks.
We urge you to consider only the exit planned for 312th from 1-5. It will logically be a better solution as it
drains traffic from 1-5 prior to 324th from the north and beyond 324th from the south.
Robert G. Evans, Jr. and Nancy L. Evans
2101 S. 324th St 233, Federal Way, WA 98003
253) 8742446
------------------------------- --
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Open House
February 3, 2005
Mod 1
Positive
Access at 3121h is a great plan. "is the first place that we should build an overpass There are a
vast amoont of people that take 272nd exil on 1-5 and take Mililary Rd to 3O4th. They take 26th to
3121h. Access to. 312th from 1-5 would greatly reduce the over burdened 26th Aven.ue. Existing
condition is a safety hazard. Fire trucks and police cannot get through. Traffic is moving at speeds
of 40 to 50 miles per hour on 3O4th This is a residential area and 312th is already established to
handle more traffic
I like iI a loti Direct access to Military Road. Access to Redondo area. Can head West all the way
to 21st Avenue. These are major advantages for Cily center access because iI would help off-load
32Oth traffic that CLHTently serves all of this bonus. extended access (beyond city center too) I'm
very concemed and disappointed that the 312th "Mod 1" option didn't widen 312th at the park's).
The Cilyof Federal Way asked so many businesses to give up space to widen Pacilic Hwy, yet there
is no budging on widening to fOlK lanes at the Cily's park? Access to the park's) needs to be
addressed anyway. Please consider my above design, which woold (in my mind) solve both issues
(4 lanes & park access). I love the park's) but as a citizen, I'm willing to compromise and fix iI for the
overall good of the people and the Cily of Federal Way as a whole
The only plan that makes sense to me is for an exít/on...amp at 3121h. With the proposed off...amp at
266th, iI will make a signilicant impact on traffic in Federal Way
This option is preferred. (See comments related to "Mod 2".)
This option is better centered on plamed growth in the downtown core. Federal Way should
encourage buSiness growth, not by-pass iI as Mod 2 would do.
I prefer this option since iI distributes traffic better to the S 3121h arterial.
This improvement may benefíl Federal Way the most in that iI will provide access to the population
center to the west (including the NE Tacoma area that utilizes Federal Was as an access route to t-
5). 11 has some major drawbacks in that iI has limiled potential for addilional widening It also will
require extensive work to provide safe access 10 Sleel lake Park. 11 also skirts environmentally
sensilive areas (i.e.. Mirror lake). This route may also have strategic ties to road networks east of 1-
5, Mililary Road and have potential to reach the Auburn area in the future.
3121h and Hwy. 99 would need a right turn lane to handle westbound traffic. Believe this option
would be used more than Mod 2 because iI goes further west than Mod 2. Might have betler chance
to get approved because further distance fOO11 3201h Street.
If this option is chosen, I would like to see a pedestrian bridge or tunnel for crossing at Steel lake
Park.
Preferred option, however, signilicant impacts to Steel lake Park Improved access to west Federal
Way (Lakota area).
There is a only one ove¡pass - 320th people, from east of 1-5 comes to Federal Way via 320th
3O4th/26\h Ave<voJe S. It is necessary to build more overpass to retieve E-W. Feel proper location is
312th to East, 3O4th/26\h Aver>.Je in residential area, 3121h to 32nd is more commercial. less
homes please, build 3121h overpass to 32nd. Thanks
You will need to improve S 3121h Street to Mililary Road and install lights at Mililary Road and S
3121h Street That has a blind romer on Mililary Road so you would not be able to see from S 3121h
Street. Also S 3121h Street is gravel from 33rd Avenue S to Mililary Road. Also 32nd Aver>.Je S
north of S 3121h Street is only 1/2 road and would need to be wider and pushed through to 32Oth. I'J
the same lime you build S 3121h bridge, you must include above side road improvements. This
study shoutd require the above improvements. Yoo must add money for side road improvements at
the same time you study the S 3121h bridge. Will you need more than GO fee! east of 1-5 on S 3121h
Street? to Mititary Road?
On 3121h westbound, raise the road tIYough the park and install an underpaSs for peopte to move
from one side of the par1< to the other side.
Negative
Does not proxide enough access for people Northeast of 3121h & 1-5. Disappointed that Federal
Way is not working on a more regional solution and is concentrating all potential future access points
in congested business areas of Federal Way. Also, appears to be 'bending" federal safety
guidelines about how close together merge lanes can be by doubling 3201h and 3121h access. I
would encourage anyone wilh a less cen.tric view than Federal Way to not support this. This solution
targets an already congested area near Steel lake Park, the new Transil Center and 26th Avenue.
"No" on Mod 1. As I understand, ther is currently construction underway to bring SOO1e of the 1-5
flow into Federal Way by cutting a road through to the existing road (Street #?) that borders the
south side of the Truman High School area. The intent to provide easy access to the new par1<ing
garage etc. I also believe I understood that ther is a Cily plan in place to extend 3121h over 1-5 to
connect w~h 32nd and then extend 32nd 10 3201h. Personally, having lived close to these areas for
quile awhile, I am reluctant to encourage more "cemen.t" and especially flow of moter vehicles in this
area, realizing of course, there will inevilably be an increase an'f"layover time. My reasons for
skating this are that this area is, and is becoming more-so, an area with a lot of pedestrians,
especially kids, oing to school, Boys and Girts Club, Daycare, sports fields, Steel lake Park, etc. If
anl'thing, expand par1<ing and do the plans already underway - but nix this Mod 1 option. t also think
that Mod 1 may contribute to a 3121h to 32Oth grid lock, on 3121h and 26th too. ps. - If this Mod
No. Negative effect on Steel lake Park - increased traffic along park entrance and exil - park is
heavily used - fool traffIC, bikes, etc. Greatly increase 3121h traffIC wilhout improving roadway.
School children (all grades) now use road shoulders to and from schools. Prefer Mod 2 which would
lead traffic into in-place Park and Ride wilhout impacting park and residential siles.
No, no, no... Too much traffic, pollution and noise in this area. Would ruin a beautilul residential
area
I'm concemed wilh the large number of children walking to school at lakota Jr. High a(1d there is
very I~tle space for them off the road. I fear for their Iile now and thaI would make traffic so much
worse. It certainly would ruin my access to shopping and church at Mason Clinic, etc.
An extension of 3121h acrOss t-5 by bridge to Auburn has advantages for local access but an 1-5 exil
involving 3121h is an envirOMlental nightmare. Steel lake Park is pristine and heavily used year
round. An 1-5 access connecting to 3121h would create impossible traffIC and negatively impact the
park, let alone water qualily issues due to road runoff. This option should not be considered.
1) Once 3121h is expanded on the East end iI fotlows that iI will be a matter of time before the
expansion is taken to SR-509. 2) If this is done the pollution (water, air, noise) will kill the
environment around Mirror lake. Adding to the existing noise from the flight paths. 3) It would bring
impossible congestion at the West end of 3121h where iI meets SR-509. 4) The lakota Middle
School children walk the far end of 3121h and iI would be very dangerous for them. 5) Thewildlile
that is a peonanent part of Mirror Lake should be eliminated. 6) This 3121h option will seriously
impact both Steel Lake and Mirror Lake environments. 7) Residents on the S and W side of Mirror
lake would have enormoos access problems. 6)Expanding 3121h East would impact yet another
lake - lake Dolloff.
lose the light for westbound 32Oth traffic. Add loops for 1-5 on-rnmps and off ramps. I'd like the
idea of the bus bridge @ 317th ilwe had a Park and Ride there. 324thmakes more sense. 3121h
bridge and D/C ramps - good idea but is 3121h stopping at 32nd a good idea? How about extending
3121h to Military Road?
Too much traffic from 1-5 into a residential corridor at Steel lake. Do not build access to 1-5 at
3121h.
No improvements to 3121h are identilied on this project However, and exil at 312th will resu" in
increased traffic through Steel lake Park and the length of 3121h all the way to SR-509. Three
schools are nearby. Kids now must use the shoulder to travel 3121h to lakota. lnevilable road
improvements will likely create signilicant envirOMlental problems at Mirror lake. Yet, meaningful
environmentat studies have been deferred untit option were down selected to two. This option
directs traffic off 3201h to 312th and through a residential area whereas the 324th option directs
traffIC through commercial. The latter is preferred.
Mod 1 does little to improve traffIC flow in the most congested areas. I realize the federal
government will contribute to S 3121h overpass iI ramps are part of the project. However, such
funding is not a sufficient reason to go wilh Mod 1, which has Iiltle else to recommend iI.
This does not allow for additional on flow of traffIC onto 312th. Addilional IrafflC and construction
would impact the lake areas. Lake associations have been very active in restoring hearth to their
lakes, which makes 0lK area special. 11 would be impossible to extend 3121h past 1st Avenue South
(straight) as ~ runs into Mirror lake (if if lanes are expanded, this would ultimately be a real problem.)
An option must be found to stay ctear of sensilive areas. The greeneryllake areas are what make
Federal Way special.
No improvements pIamed for the increase in traffic on 3121h, which will increase putting kids using
the park and ooming from three near schoots in jeopardy. As ~ is, the kids are required to walk on
the shoulder of the road which is already dangerous. traffIC wiI1 increase the full length of 3121h
raising waterquat~yconcems to the area. The widening of 3121h that will be necessary in the fut<.re
will run into Mirror Lake as there is no room to build a wider road west 1st Avenue.
Open House
February 3, 2005
Mod 1
Positive
Negative
This anemative makes the most sense re: connecting streets and facilitating the traffic flow.
Questions: How much foot traffic between north and south Steel Lake Parl<? How will you make the
crossing safe? How much right of way would need to be used. and its impact on the park?
The overpass at 312th will not be a s convenient for the West Campus area of Federal Way. Many
residences will be impacted
I think this is the preferred model provided that the onramp from 312th "Overpasses" the off ramp
proceeding to 32Oth. If you try to collect/distribute, you will have a worse mess than you have down
the road at the S 348th onramp to southbound 1-5 when it meshes with the off ramp to Highway 18
E
This could ease traffic on 32Oth but does nothing else for the downtown area Nix on this one!
Don't develop 312th Hard on Park. Don't want to spur development in environmentally sensitive
area
Concerns about wetlands and the park property on 3121h and on 312th east of 1-5.
I would like to know is who voted for this Mod 1? This is the most expensive plan and the most
absurd idea. This is the same plan the Bellevue has in place already and it has already proven that
is DOES NOT WORK. If you want to incorporate unincorporated King County, the Council needs to
notity the surrounding areas that are affected. The 312th plan also affects Steel Lake Park and this
is a high occupancy area. So think of that the next time you hear of a child getting hit and killed by a
more vehicle going too fast .
I don't see how putting this in will help with traffIC on 32Oth. Cars will exit off the freeway and go
south on 32nd to end up at the bottle neck again at 32Oth. All this will do is turn a private
neighbortiood into a main street
This would direct traffic into residential areas that are soon to be overcrowded. This moditication
should not be used.
An off-ramp at 312th is a must to relieve traffic on 32Oth. However, no plan was present that
included criteria or past 20 years of plans and complete plan of the future (i.e.. 288th Street off-
ramp). No one has been identified as responsible for these tasks and answer questions or take
responsibility to get answers. Criteria should include traffIC patterns, local access to businesses,
street light priority, direction of traffic flow priority. Why are we using stop lights at the S 317th off-
ramp? How can we reduce outside traffic passing through downtown Federal Waý? Why can1 we
have more on-way streets? What criteria are the designers of stop lights using to help local families
access to the main arterials?
Open House
February 3, 2005
Mod 2
Positive
312th good idea for new 1-5 crossing Access at 324th Street also OK Do not want access to 1-5 at
3O4th Street S and very poor sight lines. Hard to get out of driveway now
Good second choice. We need this after we build on 312th
Additional bridge across 324th and 312th could help the congestion d you also reduce the traffic
lights and pollution problems. The idea is to keep traffic moving so that people can get to their
destination rather than constricting them and keeping them bottled up in the traffic corridor
1 see this as limrted because 324th St only goes a few blocks either way before everyone needs to
turn, one way or another. The reason the City of Federal Way has so many issues with street traffic
is because of the lack of through streets (East & West especially). This 324th access would once
again be a non-through. Someday (in the next 30 years), when all this is higtHise businesses like
Bellevue, this "Mod 2:' alternative may be justdied. But now, wrth nothing but mobile homes there, it
isn't worth the loss of access to the Crty that's beyond just the Crty center
This makes the most sense to me This would improve access to Weyerhaeuser and the Office
parKs that have been built in that area This approach would have less impact on neighbort1oods
and would benefrt big business.
This is the best plan wrth less impact to the surrounding areas and the most cost effective. With a
Crty budget that is in the RED already, what is the City Council thinking anyway. I want answers on
this subject and I want to be not~ied on anymore meetinqs wrth the Council on this issue
Seems the better of the two solutions Less impact to Belmor ParK than to possible wetlands and
parK property on 312th.
I would use this one to access 1-5
Yes-œvelop 3241; ood for grid in downtown. Need to come up wrth phasing-this full build is too big
for 10 year horizon, but maybe okay for 25
This one looks like rt would be the best of the two choices - rt could ease traffic on Hwy 18 and 32Oth
both, and get traffic into the business areas and closer to the ParK and Rides
Good idea and the best choice, much of the land is already zoned business, therefore, nol as many
residences will be impacted
Looks to be a better alternative using 324th Will bnng traffic thròugh a commercial neighbort1ood as
opposed to a residential one. East of the freeway 324th is undeveloped which should cause less
hassle
This has the lowest impact on established residential and environmental This would divide incoming
Iraffic between northbound and southbound wrth the added benefrt of spilling them into the
commercial area. This makes sense. The exrt at 272nd wilt handle northernmost traffIC
Mod 2 makes more sense" light of where most of the Crtýs business activrty takes ptace. Much
more growth has taken place south of S 320th and now east of 1-5. As far as 1 can observe, Federal
Way suffers from the great distance between S 32Oth and SR-181S 348th. Wrthout off and on
ranps and without an overpass south of S 32Oth , SR-99 is overly congested as a result Mod 2
offers the greatest improvement. Also, more 'bang for the buck"
Mod 2 makes more.sense since lrafflC is diverted through commercial dominated areas. Mod 1
d~ects traffic through residentiaf areas used by c::hitdren as a walking route to schoof.
Negative
Providing additional relief in the North area is better than the South. Both Alternatives need to be
farther away from 32Oth, erther 336th or 3O4th. 324th is already a congested area, this would really
mess up Weyemaeuser Way. Not sure how 32nd Avenue worKs wrth this solution.
What is the potential for connecting streets - rt seems less effective than 312th - "Mod 1".
I don't think this will cany the trafftc through to destination. Drivers will find themselves bottte necked
at Pacdic Highway S with no through to west Federal Way relief. The expense of a new overpass
over the freeway is not justified by the ratio of vehicles that go east on 32Oth Street Besides,
Weyemaeuser Way is not designed to handle any amount of traffIC
Additional traffic to S 324th Street will lead to hazards for Belmor ParK Living at Belmor are 451
residents that already are subjected to many delays on entering 324th Street from the parK. The
pedestrian lane leaving Belmor to the Commons is already consumed with problems. We've had
one person injured and one death last week. Already the speeding is being monitored by radar
patrol. In the past three years we've had four accidents and many near accidents.
S 324th Street would be disastrous for 420 home owners. It's already scary to try to get on 324th
Street now. We've petitioned for a light to no avail and there's been numerous accidents both
involving cars and/or pedeslrians. There was a death involving a car and a pedestrian. Of the two,
Mod 1 would be more feasible but still cause unbelievable congestion on Hwy 99. I would think
using Exrt for 272nd and drive a few extra blocks would be a better suggestion.
I am opposed to this. Over 300 homes of voting Federal Way citizens live across from the
Commons. We need a street light and a left turn lane. Putting all that traffic on this street would
make rt impossible to access our homes. This is a 55+ parK I realize others do not want to damage
Steel Lake but you would damage our homes. We walk in the mall and shop there. You want a
downtown that is people friendly but you are hurting us
The traffIC on 324th Street is dangerous at best. To do anything to increase the amount of traffic as
well as speed traveled on that street serves to purpose. Unless lighting, etc. can be increased, rt will
be a safely.risk for anyone trying to cross over to the mall would be extremely dangerous. We do not
need any more traffic on S 324th Street.
I manage Belmor ParK, 2101 S 324th Street We already have a hazardous exrt from our pari< - one
person on foot being killed 1I20IO5. To add cars coming and going to 1-5 entrance on S 324th
Street. We are inundated wrth the Commons traffic - soon to add a 16-screen theater to the already
busy Target, Bon, Sears shoppers. Cars from the Park and Ride as well as busses add to our Iraffic
problem to enter or exit from our home. tn the past 3 years, there have been 4 auto accidents to our
residents at our entry/exrt due to heavy traffIC. Two pedestrians have been hrt - one recovered - one
did not live. We fee/trapped in our parK now. Please do not put the exrt from 1-5 at 324th Street.
Federal Ways congestion at any point is tremendous between 3~ PM. 320th is nearty at a standstill
as is 99 from 348th to 312th. ff there was more access to 324th to 99 the backup on 32Oth and 99
would only accumulate. As a resident in Belmor ParK, I would only believe egress and exrting the
parK would be a disaster. Several people have been killed at the crosswalk as rt is. We need a push
button crosswalk and no more traffic.
324th Street is an accident already happening We have no light at Belmor ParK entrance even
though we fought for one. We have had several accidents wrth one fatality. If you ;cut an access of
Hwy S to 324th Slreet, rt will be impossible to drive in and out of Belmor ParK. An 32Oth and 324th
are so close, the congestion on 99 would be tremendous. Thank you for your consideration.
I am conœmed about the traffic on 324th Street that would increase and be a hardship on the
elderly entering and exrting Belmor ParK. Will there be a traffic light for them?
This option will drop way too much traffic onto S 324th Street. This option will choke up S 324th the
same way S 32Oth is The residents of Belmor will not be able to safely cross to the mall (assuming
it won't go out of business). It will make rt even easier for convict Caseys followers to zip down S
324th Street and make that left on 20th S to hurry up and get there. And d they do it, others will as
well. As one show lives off of 20th S, I strongly oppose any action that will increase my
neighbort1ood traffic.
The "Mod 2:' Option will create a higher traffic demand on SR-18 due to the connection wrth
Weyerhaeuser Way. This is undes~able since there is not any future expansion capacrty, beyond
the Truck Climbing Lane currently under construction, to accommodate the increased load.
Selection of the "Mod 1" option would also create less traffIC loading at the SR-99/S 32O1h Street
.,tersection.
Trns option done not appear to serve the true City co<e It merely provides a southern by-pass.
This option woutd concentrate traffIC aro<.nd the Ma1Itoo much.
Open House
February 3, 2005
Mod 2
Positive
Negative
I like this all around. I'd still like to lose the cross traffic left turns for 1-5 access by engaging the
three additional loop idea on Mod 1.
Definitely the better option East of the freeway has few existing homes 10 impact The westerly
route has the Mall car park on one sKJe and the only residential area is Belmor Park. This property is
certainly not utilized to highest and best use. Could not the Coy purchase the area and develop
attractive senior housing and replace the eyesore in the heart of the crty? It is a perfect location for
proximoy to the Mall and could be accessed by a pedestrian overpass. If the Coy can purchase
privately owned strip malls 10 widen the road on SR-99 and 336th to facilitate a Monster Church, 0
does not seem out of line to purchase underutilized property to provide much needed senoor housing
It seems to me that Mod 2 could be combined woh the development of Belmor Park for a much
needed improvement for the Coy center.
This option makes sense and has minimum environmental issues. Does 0 eliminate the Park and
Ride lot? If so, that parking needs to go somewhere.
324th appears to be a much better choice. It would impact fewer people and bear an advantage to
the residents of Belmor Park. They could have access to shopping at the mall through the overpass.
This is a better attemative, than ruining a neighborhood
This modification is the preferred choice.
Yes - Mod 2. This option to me seems to have a little more "give" to 0 in terms of space and actuat
construction opportunrty with a lesser impact on pedestrian-type "raffie" and housing areas, (woh the
exception of the Belmor trailer area). Also, underway is the construction of a huge church and
school campus nest to Weyert1aeuser that expects a big flow of traffie "daily" as well as weekends I
travel from 32Oth, through Weyert1aeuser campus to 336th and over to 348th almost daily, and 0
seems to me that this Mod 2 proposal would offer more back to us in terms of flow, impact and
bringing people into existing Park and Ride areas-and shoppinglbusinesses better than the Mod 1
plan.
Open House
February 3, 2005
Other Miscellaneous Comments
Lose the light for WB 320th traffic and add loops for 1-5 on ramps and off ramps. I'd like the idea of the bus bridge at 317th if we had a Park & Ride there. 324th
makes more sense. 312th bridge and die ramps good idea but is 312th stopping at 32nd a good idea? How about extending 312th to Military Road?
If this option is chosen, I would like to see a pedestrian bridge or tunnel for crossing at Steel Lake Park.
Concerns for residents at Belmor prevented sitting of considerations when location of transit center was being considered. The height of the offlon ramp was a
problem. Please keep this in mind.
Clover leaf 320th access to 1-5. Open 320th going West to six lanes Make 324th four lanes going East
Without addressing the widening and adding traffic controls to the neighborhood including Military Rd, or the East side of 1-5 at 312th Street, is very short sighted and
dumps a lot of traffic into a residential neighborhood.
If this option is chosen,
might be possible to
to 1st
The traffic on 324th has already reached major capacity. The street is also very dark at night leading to more problems. More traffic is not feasible. It is a dangerous
situation.
Federal Way needs to work with the County, the State, or the Feds to reach a more regional solution. I hope that none of my tax dollars are used to provide more
access to congested areas of Federal Way. A bypass for these areas needs to be provided.
Federal Way never looked so good with side walks and planters on Pacific Highway S. Would like to see sidewalks extended to 304th Street.
I hope to see these two options both built someday. So, please be sure that whatever is chosen near term, it fully allows for the other to be easily added on. Thanks
for all your time and hard workl!
The City is doing a great job! Tough choice between the tow "Mods". It seems to be half again one or the other.
An exit at S 304th and over pass there would relieve traffic at the City core.
You can't please everybody.
Widen 320 to 7 lanes. Get going now.
Nice presentation. Good to know this is a priority.
If you need any help consulting citizens, give me a call.
Well thought out altematives. The committee workers have done a good job.
The wisteria planted on each comer of S 320th and SR-99 will eventually block vision for cars making turns - City needs to take a broader look at traffic problems
caused by development of the new Wal-Mart and Casey Treat's church prior to granting building permits.
Thoroughly disappointed that there was no formal presentation. Also frustrated because no criteria available to ascertain how the models were arrived at. I guess it's
just a frustration that we can't address the increasing traffic congestion in all of Federal Way. I guess I was hopeful that was the purpose of this meeting.
What is wrong with a formal presentation containing a criteria, costs, different plans considered, areas of responsibility. Very unprofessional.
The open house was very informative. The presentations were nicely done and the representatives were knowledgeable and courteous. Thank you for the effort.
If the "ring-road" option is really out, then shy display it at all? I still don't trust the City regarding this. I thought Ms. Zukowski's comment in the FW Mirror that you
want to hear from supporters is very telling of the City's attitudes towards its residents and the City will cram what it wants down the residents' throats.
First Nlme Lalt Nlme St..et Add.... City Stltl Zip Phone Emsn Fly., N.wspo.., S...tYMS Boo'" Po.... s...t S~". ,. R."."'" N.tghb""""" Em.O"..
Ray Wilson 7226 S 304th Street Federal Way WA 98003206.851.1578 Rav.J.Wilson2@Boeinc.com
Jean Schullian 30242 21st Avenue S Federal Way WA 98003 253.839.2427 Schullian@msn.com
Milt Schullian 30242 21 st Avenue S Federal Way WA 98003 253.839.2427 Schullian@msn.com
Scott Chase 22 SW 327th Place Federal Way WA 98023 253.874.4755 s.chaset!i>comcast net
Jerry Jennings 30310 38th Place S Federal Way WA 98003 253.839.3638 lerrvsiennìncs@msn.com
Matthew JaNis 2628 SW 351st Place Federal Way WA 98023 253.874.5325
Lynda Jenkins 29726 3rd Avenue S Federal Way WA 98003 253.839.4959 VJLJ@netzero.net
Gary Anderson 3224 S 312th Street Federal Way WA 98003 253.941.0999 ancoassocia les@comcast.net
Sang Rosenberg 2661 S 304th Street Federal Way WA 98003 253.332.4989 sancrosenbe rQ@vahoo.com
Brian Cope 3228 S 314th Place Federal Way WA 98003 253.529.1352 ADG3914@vahoo.com
Marie Sciacqua 32658 9th Place S Federal Way' WA 98003 253.941.7060
G. Blanchard GABLANCHARD1@comcast.net
Duncan Blanchard 31460 7th Place SW Federal Way WA 98023 253.941.5138 dwblanchard 1 @comcast.net
Maria Ledin 401 SW 312th Street Federal Way WA 98023 253.839.9090 maria.c.ledin@csk.com
John Mayers PO Box 2643 Aubum WA 98071-2643 John. Mavers@alum.uDs.edu
Bob Roper 525 SW 312th Street Federal Way WA 98023253.941.6954 RST ANLEY3@comcast.net
Russell Cotton-Betteridge 34242 1st Place S. #A Federal Way WA 98003 253.874.2441 Russ-ell@hotmail.com
Frosty Hardison 30524 8th Avenue SW Federal Way WA 98023 253.528.0343 GROWINCLLC@hotmail.com
Marilyn Gates 31404 7th Place SW Federal Way WA 98023 253.838.2676 micatesre@vahoo.com
Bill Linehan 253.941.8005
. Ma~orie Dana 31400 7th Place SW Federal Way WA 98023 253.941.7076
Barbara Hotloff 31434 7th Place SW Federal Way WA 98023 253.927.9958
Marilynn Maslon 31212 8th Avenue SW Federal Way WA 98023 253.839.4841 MMASION@aol.com
Annie Gorsline 29902 26th Avenue S Federal Way WA 98003 253.946.2704
Barbara Lunde' PO Box 23541 Federal Way WA 98093 253.661.6693 BMLUNDE@msn.com
AI Lunde PO Box 23541 Federal Way WA 98093 253.661.6693
Ted Entlcknap 36817 12th Avenue S Federal Way WA 98003 253.838.7196
LIz Wolf 33445 35th Avenue S Federal Way WA 98003
Jeff Wolf 33445 35th Avenue S Federal Way WA 98003 253.835-2753 ieff wolft!i>citvoffederalwav.com
Elizabeth Kari 2012 S 331st Street Federal Way WA 98003
Glenn Sawyer 2005 S 331st Street Federal Way WA 98003 253.838.0593 RAMJET2001@comcast.net
Mary Brownson 2101 S324thStreel,#117 FederalWay WA 98003 253.661.6172
Barbara Whitmore 2101 S 324th Street, #82 Federal Way WA 98003 253.838.0195 aoodcuom@msn.com
Nancy Evans 2101 S 324th Street, #233 Federal Way WA 98003 253.838.0517 belmorfw@bIDk.com
Helen Fairchild 2101 S 324th Street, #48 Federal Way WA 98003 253.943.9094
Karen Pettingell 2101 S 324th Street, #160 Federal Way WA 98003 253.874.6395 aDettinaell@DeoDlepc.com
Myrtle Wing 2101 S 324th Street, #38 Federal Way WA 98003
Mary O'Neil 37815 44th Avenue S Federal Way WA 98001 253.838.2574
MI!1!!!.N"9~A~:Ap!;)2,_~99?..I!'!l\!~ Y CeJ_----
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
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CATEGORY: BUDGET IMPACT:
X CONSENT RESOLUTION Amount Budgeted: $
ORDINANCE STAFF REPORT Expenditure Amt: $
BUSINESS PROCLAMATION Contingency Reqd: $
HEARING STUDY SESSION
Ftl OTHER
.........................",......................................................................................,.........................................................................................................................................................................................................................................................
ATTACHMENTS: 1) March 21,2005 Memorandum tothe Land Use/Transportation Committee
................................................................................................................................."....................................................................................................."....................................................................................................."...........................
SUMMARYIBACKGROUND: Every year, the City receives a batch of proposed amendments to the
County-wide Planning policies and related maps. The Growth Management Planning Council has reviewed
these policies under Ordinance 15121, 15122, and 15123. The policies have also been approved by the King
County Council. King County cities are asked to review the proposal and ratify them. None of the proposed
change s will directly impact Federal Way.
...........................,......................................................................................................"....................................................................................................."""""""""""""""""""""'".........................................................."..........................
CITY COUNCIL COMMITTEE RECOMMENDATION: On March 21,2005, the LUTC recommended
approval of the proposed county-wide planning policies..
....................................."............................................................................................................................................................................................................................................................,.............................................".........................
CITY MANAGER RECOMMENDATION: Motion to approve the LUTC's recommendation and provide a
letter of support to the Growth Management Planning Council.
.... ~;; ~;; ~..; ~;.. ~~ ~ ~.~.~ ~ ~ ~...~~ ..~.~ ~~ ~ ~ ~. ..;¡ ~ ~;... ~............... ~.......................................................................... ........ .......
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
T ABLED/DEFERREDINO ACTION
COUNCIL BILL #
ORDINANCE #
RESOLUTION #
I:\OlCOMPPLAN\CC AGENDA COVER SHEET ON SELECTION PROCESS.doc/O3/28/2005 2:44 PM
~
CITY OF ~
Federal Way
MEMORANDUM
March 11,2005
To:
Jack Dovey, Chair
Land use/Transportatt:'on Committee (LUTe)
~N
David Moseleyi,y Mager
Kathy McClung, Director of Conununity Development Services
\(1\<-
via:
From:
Subject:
Amendments to the King County Countywide Planning Policies
Meeting date:
March 21,2005
I.
Background
The City has received a request from King County to review and ratify amendments to the King
County Countywide Planning Policies (CPPs) (Exhibit A). Under the Growth Management Act
(GMA), countywide planning policies serve as the framework for each individual jurisdiction's
comprehensive plan, and ensure regional consistency with respect to land use planning efforts. The
CPPs were developed by the Growth Management Planning Council (GMPe),adopted by the King
County Council, and ratified by the cities in 1994. Subsequent amendments to the CPPs are
reconunended by the GMPC, adopted by the King County Council, and ratified by the cities.
Amendments to the CPPs become effective when ratified by ordinance or resolution by at least 30
percent of the city and county governments representing 70 percent of the population of King
County. A city shall be deemed to have ratified the amendments unless, within 90 days of adoption
by King County, the city takes legislative action to disapprove the amendments. The 90-day
deadline for this proposed amendment is May 16,2004.
The amendments are described as follows:
Ordinance No. 15121, (GMPC Motion Nos. 04-1, 4-2, 04-5) (Exhibit B)-
Amendments to the Countywide Planning Policies by amending the urban growth
boundary map, the interim potential annexation areas map, and the urban separator
map.
Ordinance No. 15122, (GMPC Motion No. 04-4) (Exhibit C) - Amendments to the
Countywide Planning Policies by revising targets for new household and job growth
for the period 2002-2022.
Ordinance No. 15123, (GMPC Motion No. 04-3) (Exhibit D) - Amendments to the
Countywide Planning Policies by designating Downtown Burien as an Urban Center.
These amendments would add Downtown Burien to the list of Urban Centers in
Countywide Planning Policy LU-39.
The following definitions are provided to assist you with the remainder of this report:
Countywide Planning Policy (CPP) - Policies created by the GMPC and adopted
by the county and cities that provide basis for comprehensive planning and compliance
to the Growth Management Act.
Growth Management Planning Council (GMPC) - A formal body comprised of
elected officials from King County, Seattle, Bellevue, the Suburban Cities, and Special
Districts.
Potential Annexation Area (PAA) - Designated areas in the county that will
eventually be annexed into adjacent cities.
Urban Center - Areas within incorporated cities that are intended to receive a high
level of growth. Urban centers must meet certain criteria to be so designated. Federal
Way's City Center Core zoned area has been designated an urban center.
Urban Growth Area (UGA) - The area designated by the county to receive urban
growth in housing and jobs. Beyond this boundary are rural lands that cannot be
incorporated into cities without changes to the UGA boundary.
Urban Separator - Low density areas with the UGA that create open space
corridors and provide visual contrast to contiguous development. There are no urban
separators in Federal Way's PAA.
II. Discussion
A.
King County Ordinance 15121 - Amendments to the Urban Growth Area, Potential
Annexation Areas (PAA) Map, and Urban Separator Map.
1.
Motion 04-1, adopted by the GMPC on September 15, 2004, and the King County
Council on February 14,2005, amended the Urban Growth Areas Map I of the
Countywide Planning Policies, the Potential Annexation Area Map, and designates a new
Urban Separator as depicted on maps in Exhibit B.
a.
Attachment 1 (p.10) - A map showing the removal of the "overlap" designation for
the unincorporated Urban area between SeaTac and Tukwila, and including this area
in TukwiIa's PAA.
Attachment 2 (p.11) - A map showing the redesignation of Perrigo Park from Rural
to Urban, and including this property within Redmond's PAA and allowing
Redmond to ultimately add the park to their city boundary.
Attachment 3 (p.12) - A map showing the redesignation of the Enumclaw Gold
Course from Rural to Urban, and including this property within Enumclaw's PAA
and allowing Enumclaw to eventually add the golf course to their municipal
boundary.
b.
c.
Land UselTransportation Committee
Amendments to the King County Countywide Planning Policies
March 11,2005
Page 2
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: Kathy Mc~l~ng - Countywide Planning Policie~.doc
Page 3 ;
d.
Attachment 4 (p.13) - A map showing the redesignation of.6 of an acre parcel on
Cougar Mountain from Rural to Urban, and including this property in Bellevue's
PAA.
Attachment 5 (p.14) - A map showing the redesignation of 120 acres of Bear Creek
Urban Planned Development from Urban to RuraL
Attachment 6 (p.15) - A map showing the redesignation of approximately 128 acres
in the Willows Road area from Rural to Urban, and including this area within
Kirkland's pAA' Approximately 70 acres of this area is designated as an Urban
Separator.
e.
f.
2.
None of the above recommended changes impact Federal Way.
Motion 04-2 adopted on the dates as described in #1 above, amends the Urban Growth
Area of King County and the Potential Annexation Area Map iIi the Countywide Planning
Policies as depicted on maps in Exhibit B.
a.
Attachment 1 (p.18) - A map showing the redesignation of an area adjoining the
Issaquah Spar Road from Rural to Urban, and including this property within
Issaquah's PAA, and a.2 acre redesignation from Urban to Rural to correct a map
error.
Attachment 2 (19) - A map showing the redesignation of about six acres from Rural
to Urban, and including this property with the City of Renton's P AA
b.
Amend the Interim Potential Annexation Area Map by including any additional
unincorporated urban land created by these UGA amendments in the Potential Annexation
Area of the adjoining city.
3.
None of the above proposed amendments impact Federal Way.
Motion 04-5 adopted on the dates as described in #1 above, amends the Urban Growth
Area of King County and the Potential Area Annexation Area map in the Countywide
Planning Policies. This includes a 29-acre area known as Covington Park in the UGA as
shown on the map attached to Exhibit B, (p. 22). This amendment does not impact Federal
Way.
King County Ordinance 15122 and GMPC Motion 04-4 (Exhibit C, attached) - Amendments
to the Countywide Planning Polices revising targets for household and job growth. The
following are the proposed revisions to the growth targets as approved by the GMPC on
September 15, 2004, and by King County Council on February 14,2005.
B.
1.
2.
3.
Allocating a 592-household target area to the West HilI unincorporated area, which
mistakenly was not assigned a household target during the last round of updates.
Adjusting Tukwila's growth targets to include projected new households and jobs in an
area that was fonnerly claimed by both SeaTac and Tukwila (total change to Tukwila's
growth targets: +8 households, +993 jobs).
A correction increasing the job target for the City of Kent's potential annexation area
Land UselTransportation Committee
Amendments to the King County Countywide Planning Policies
March 11,2005
Page 3
from 44 jobs to 287 jobs, commensurate with the employment capacity for the area.
4.
An adjustment of household an job targets for Pacific and Auburn to reflect a de-
annexation by Pacific and annexation by Auburn, and a shift of household targets from
Pacific to Covington.
These changes do not impact the job or household targets for Federal Way.
c.
King County Ordinance 15123 and GMPC Motion 04-3 (Exhibit D attached), adopted by the
GMPC on September 15,2004, amending the CPPs to designate Downtown Burien as an
Urban Center. The City of Burien has requested that its downtown core be designated as an
Urban Center in the CPPs. Urban Centers are expected to account for up to one half of King
County's employment growth and one quarter of household growth over the next 20 years.
In order to be designated as an Urban Center, jurisdictions must meet specific criteria in the
CPPs, including having planned land uses to accommodate:
.
A minimum of 15,000 jobs within one-half mile of a transit center;
At a minimum, an average of 50 employees per gross acre; and
At a minimum, an average of 15 households per acre.
.
.
The existing conditions in Burien's proposed Urban Center are as follows:
.
4025 jobs within one-half mile of a transit center with projections of 18,028;
An average of 11.4 employees per gross acre, with projections of 51 employees per
acre; and
An average of 4.1 households per acre with projections of 17.8 households per acre.
.
.
The Countywide Planning Policies recognize that Urban Centers vary substantially in the
number of households and jobs they contain at the time of their initial designation, and thus the
decision to designate an Urban Center is based on planned, not existing densities. The GMPC
interjurisdictional team analyzed Burien's request against the Urban Center criteria in the CPPs
and found that the City of Burien had completed the necessary planning to support an Urban
Center designation.
Designating Downtown Burien as an Urban Center would involve amending CPP LU39 to add
Downtown Burien to the list of the existing Urban Centers in King County. The existing Urban
Centers are Bellevue, Federal Way, Kent, Redmond, Renton, Seattle CDD, Seattle Center, First
Hill/Capitol Hill, University District, Northgate, Tukwila, SeaTac, Auburn, and Totem Lake.
III. Staff Recommendation
Staff recommends that the LUTC forward a recommendation of approval to the full City Council of
the proposed amendments to the CPPs contained in Ordinances 15121, 15122, and 15123 (GMPC
Motions No. 04-1 04-2. 04-3, 04-4, and 04-5).
Land Use/Transportation Committee
Amendments to the King County Countywide Planning Policies
March 11,2005
Page 4
IV. Land Use/Transportation Committee Options
The Committee has the following options:
1. Recommend that the full Council adopt the amendments to the King County
Countywide Planning Policies as recommended by staff.
2. Recommend that the full Council disapprove the amendments to the King County
Countywide Planning Policies.
V.
Land Use/Transportation Committee Recommendation
The LUTC forwards the proposed amendment to the full Council as follows:
+ As recommended for approval by staff.
As recommended for disapproval by the LUTe.
Eric Faison, Member
List of Exhibits
Exhibit A March 4, 2005, Correspondence from King County
Exhibit B Ordinance No. 15121 (GMPC Motion 04-1,04-5,04-2), with Attachments
Exhibit C Ordinance No. 15122 (GMPC Motion 04-4), with Attachments
Exhibit D Ordinance No. 15123 (GMPC Motion 04-3), with Attachments
Land UseITransportation Committee
Amendments to the King County Countywide Planning Policies
March 11,2005
Page 5
King County
EXHIBIT --A-
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March 4, 2005
The Honorable Dean McColgan
City of Federal Way
33325 8th Ave. South
P.O. Box 9718
Federal Way, WA 98063
Dear Mayor McColgan:
We are pleased to forward for your consideration and ratification the enclosed
amendments to the King County Countywide Planning Policies (CPP).
On February 14, 2005, the King County Council approved and ratified
amendments (listed below) on behalf of unincorporated King County. Copies of
the King County Council staff reports, ordinances and Growth Management
Planning Council motions are enclosed to assist you in your review of these
amendments.
. Ordinance No. 15121, GMPC Motion Nos. 04-1, 04-2, 04-5, amending the
Countywide Planning Policies by amending the urban growth boundary
map, the interim potential annexation areas map and the urban separator
map.
. Ordinance No. 15122, GMPC Motion No. 04-4, amending the Countywide
Planning Policies by revising targets for new household and job growth for
the period 2002-2022.
. Ordinance No. 15123, GMPC Motion No. 04-3, amending the Countywide
Planning Policies by designating Downtown Burien as an Urban Center.
In accordance with the Countywide Planning Policies, FW-1, Step 9,
amendments become effective when ratified by ordinance or resolution by at
least 30 percent of the city and county governments representing 70 percent of
the population of King County according to the interlocal agreement. A city will
be deemed to have ratified the amendments to the Countywide Planning Policies
@
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EXH I B IT .-fi.-
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unless, within 90 days of adoption by King County, the city takes legislative
action to disapprove the amendments. Please note that the 90-day deadline for
this amendment is May 16, 2005. If you have any questions about the
amendments or ratification process, please contact Paul Reitenbach, Senior
Policy Analyst, King County Department of Development and Environmental
Services, at 206-296-6705, or Lauren Smith, Lead Staff, King County Council, at
206-296-0352.
If you adopt any legislation relative to this action, please send a copy of the
legislation by the close of business, May 16, 2005, to Anne Noris, Clerk of the
Council, W1039 King County Courthouse, 516 Third Avenue, Seattle, WA 98104.
Thank you for your prompt attention to this matter.
Sincerely,
Larry Phillips, Chair
King County Council
Ron Sims
King County Executive
Enclosures
cc: King County City Planning Directors
Suburban Cities Association
Stephanie Warden, Director, Department of Development and Environmental
Services (DOES)
Paul Reitenbach, Senior Policy Analyst, DOES
Megan Smith, Lead Staff, Growth Management & Unincorporated Areas
Committee (GMUAC)
Lauren Smith, Lead Staff, Committee of the Whole
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IBIT ~~~~~~i
1200 King County Cowthouse
5161lúrd Avenue
Seattle, WA 98104
February 14, 2005
Ordinance 15121
Proposed No. 2005-0045.1
Sponsors Constantine
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AN ORDINANCE adopting amendments to the
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Countywide Planning Policies; amending the urban growth
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boundary map, the interim potential annexation areas map
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and the urban separator map; ratifying the amended
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Countywide Planning Policies for unincorporated King
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County; and amending Ordinance 10450, Section 3, as
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amended, and K.CC 20.10.030 and Ordinance 10450,
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Section 4, as amended, and K.C.C 20.10.040.
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BE IT ORDArNED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings. The council makes the following findings:
A. The metropolitan King County council adopted and ratified the Growth
Management Planning Council recommended King County 2012 - Countywide Planning
Policies (Phase [) in July 1992, under Ordinance 10450.
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Ordinance 15121
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B. The metropolitan King County council adopte. fti\d ratified t~ Phase II
amendments to the Countywide Planning Policies on August IS, 1994, under Ordinance
11446.
C. The Growth Management Planning Council met on September-IS, 2004, and
December 7, 2004, and voted to recommend amendments to the King County
Countywide Planning Policies amending the urban growth boundary map, the interim
potential annexation areas map and the urban separator map, as shown in Attachments A,
Band C to this ordinance.
SECTION 2. Ordinance 10450, Section 3, as amended, and K.c.c. 20.10.030 are
each hereby amended to read as follows:
Phase II.
A. The Phase II Amendments to the King County 2012 Countywide Planning
Policies attached to Ordinance 11446 are hereby approved and adopted.
B. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachment 1 to Ordinance 12027.
C. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachment I to Ordinance 12421:
D. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachments 1 and 2 to Ordinance 13260.
E. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachments I through 4 to Ordinance 13415.
F. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachments 1 through 3 to Ordinance 13858.
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Ordinance 15121
G. The pt!e II Amendm{~ts :9 t e'.¿ngê~~nty 2012 - Countywide Planning
Policies are amended, as shown by Attachment 1 to Ordinance 14390.
H. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachment I to Ordinance 14391.
I. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachment 1 to Ordinance 14392.
J. The Phase II Amendments to the King County 2012 - Countywide Planning
P<>licies are amended, as shown by Attachment 1 to Ordinance 14652.
K. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachments 1 through 3 to Ordinance 14653.
L. The Phase II Amendments to the King County 2012 ~ Countywide Planning
Policies are amended, as shown by Attachment 1 to Ordinance 14654.
M. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachment 1 to Ordinance 14655.
N. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachments 1 and 2 to Ordinance 14656.
O. The Phase II amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachment A to Ordinance 14844.
P. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachments A, Band C to this ordinance.
SECTION 3. Ordinance 10450, Section 4, as amended, and Kc.C. 20.10.040 are
each hereby amended to read as follows:
Ratification for unincorporated King County.
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Ordinance 15121
specified are hereby ratified on behalf of the population of unincorporated King County.
B. The amendments to the Countywide. Planning Policies adopted by Ordinance
10840 are hereby ratified on behalf of the population of unincorporated King County.
C. The amendments to the Countywide Planning Policies adopted by Ordinance
11061 are hereby ratified OQ behalf of the population of unincorporated King County.
D. The Phase n amendments to the King County 2012 Countywide Planning
Policies adopted by Ordinance 11446 are hereby ratified on behalf of the population of
unincorporated King County.
E. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachment 1 to Ordinance 12027 are hereby ratified on behalf of the
population of unincorporated King County.
F. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachment 1 to Ordinance 12421, are hereby ratified on behalf of the
population of unincorporated King County.
G. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachments 1 and 2 to Ordinance 13260, are hereby ratified on behalf of the
population of unincorporated King County.
H. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachment 1 through 4 to Ordinance 13415, are hereby ratified on behalf of
the population of unincorporated King County.
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Or (\ ce 151~1~ ¡}; :' :',!
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I g Policies, as
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shown by Attachments 1 through 3 to Ordinance 13858, are hereby ratified on behalf of
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the population of unincorporated King County.
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J. The amendments to the King County 2012 - Countywide Planning Policies, as
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shown by Attachment 1 to Ordinance 14390, are hereby ratified on behalf of the
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population of unincorporated King County.
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K. The amendments to the King County 2012 - Countywide Planning Policies, as
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shown by Attachment 1 to Ordinance 14391, are hereby ratified on behalf of the
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population of unincorporated King County.
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L. The amendments to the King County 2012 - Countywide Planning Policies, as
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shown by Attachment I to Ordinance 14392, are hereby ratified on behalf of the
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population of unincorporated King County.
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M. The amendments to the King County 2012 - Countywide Planning Policies, as
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shown by Attachment I to Ordinance 14652, are hereby ratified on behalf of the
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population of unincorporated King County.
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N. The amendments to the King County 2012 - Countywide Planning Policies, as
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shown by Attachments I through 3 to Ordinance 14653, are hereby ratified on behalf of
the population of unincorporated King County.
O. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachment I to Ordinance 14654, are hereby ratified on behalf of the
population of unincorporated King County.
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Ordinance 15121 ~ . .' . EXHIBIT fA
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P. The aIfie¡'i~men'ts to_t~ng County 2012 - CountYWIde Planmng Pohcles, as
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shown by Attachment 1 to Ordinance 14655, are hereby ratified on behalf of the
population of unincorporated King County.
Q. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachments 1 and 2 to Ordinance 14656, are h~reby ratified on behalf of the
population of unincorporated King County.
R. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachment A to Ordinance 14844, are hereby ratified on behalf of the
population of unincorporated King County.
S. The amendments to the King County 2012 - Countywide Planning Policies, as
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Ordinance 15121
.. .~
A, Band C to this ordinance, are hereby ratified on behalf of the
114
shown by Attachments
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population of unincorporated King County.
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Ordinance 15121 was introduced on 1/3112005 and passed by the Metropolitan King
County Council on 2/1412005, by the following vote:
Yes: 12 - Mr. Phillips, Mr. von Reichbauer, Ms. Lambert, Mr. Pelz, Mr.
Dunn, Mr. Ferguson, Mr. Hammond, Mr. Gossett, Ms. Hague, Mr. Irons, Ms.
Patterson and Mr. Constantine .
No: 0
Excused: 1 - Ms. Edmonds
ZING CO. TYCO . fL.
NG Y, W HING ON
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Larry Phillips, Chair ~ ~"-l L\,\,g()- Ä
ATTEST:
~
Anne Noris, Clerk of the Council
APPROVED this Æday of
2005.
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Attachments
A. Motion No. 04-1, ß. Motion No. 04-2, C. Motion No. 04-5
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09/15/04
Attachment A
EXHIBIT
PAG
11"':2005- 0 45
:.' .
Sponsored By:
Executive Committee
/pr
1
MOTION NO. 04-1
A MOTION to amend the Urban Growth Area of King
County. This Motion also modifies the Potential Annexation
Area map in the Countywide Planning Policies and
designates a new Urban Separator.
WHEREAS, the Washington State Growth Management Act, RCW 36.70A.110 requires
counties to designate an urban growth area or areas within which urban growth shall be
encouraged and outside of which growth can occur only if it is not urban in nature; and
WHEREAS, Countywide Planning Policy FW-t Step 8 recognizes that King County may
initiate amendments to the Urban Growth Area; and
WHEREAS, the King County Executive and the Metropolitan King County Council
requests the Growth Management Planning Council consider the attached amendments to
the Urban Growth Area for eventual adoption by the Metropolitan King Còunty Council
and ratification by the cities; and
WHEREAS, the Growth Management Planning Council has directed the inteIjurisdictional
staff team to review additional Urban Separators and present them for GMPC
consideration, and
WHEREAS, Countywide Planning Policies LU-31 and LU-32 anticipate the collaborative
designation of Potential Annexation Areas and the eventual annexation of these areas by
cities. The attached amendments are supported by the affected city.
BE IT RESOLVED THAT THE GROWTH MANAGEMENT PLANNING COUNCIL OF
KING COUNTY HEREBY MOVES AS FOLLOWS:
1. Amend the Urban Growth Area as designated by the Urban Growth Areas Map in the
Countywide Planning Policies, thc Potential Annexation Area map, and the Urban
Separator map as depicted on the following attached maps:
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EXff.{BIT . ,'", ".~,",15121
PAG1~OFr ','r..
Attachment 1, a map showing the removal of the Cd "overlap" designation for the
unincorporated Urban area between SeaTac and Tukwila and including this area in
Tukwila's PAA;
Attachment 2, a map showing the redcsignation of Perrigo Park from Rural to
Urban and including this property within Redmond's PAA;
Attachment 3, a map showing the rcdcsignation of the Enumclaw Golf Course from
Rural to Urban and including this property within Enurnclaw's P AA;
Attachment 4, a map showing the redesignation of a .6 of an acre parcel on Cougar
Mountain from Rural to Urban and including this property within Bellevue's P AA;
Attachment 5, a map showing the redesignation of 120 acres of the Bear Creek
Urban Planned Development from Urban to Rural;
Attachment 6, a map showing the redesignation of approximately 128 acres in the
Willows Road area from Rural to Urban and including this area within Kirkland's
P AA. Approximately 70 acres of this area is designated as an Urban Separator.
2. Amend the Interim Potential AnnexationArea Map by including any additional
unincorporated urban land created by these UGA amendments in the Potential
Annexation Area of the adjoining city.
3. Amend the Urban Separator map by adding the new Urban Separator as shown on
attadunent 6.
4. These amendments are recommended to the Metropolitan King County Council and the
Cities of King County for adoption and ratification.
ADOPTED by the Growth Management Planning Council of King County in open session
on September 15, 2004 and si chair of the GMPC.
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P AGE 1fLJ)t;[Jo~ð'!1d1i~ .
Interim P AA Map Amend~ent
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. PAGE--'1-0F~oP~~A~~dment~?-~~'-' (j;' - .
City of Redmond Per~unity Park Site -UGA Amendment
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'EXHIBIT 'R -
09/15/04 PAGE lh-õF::Z!
1512,1
,$.~bi;- 0 4 5
. Attachment B
Sponsored By:
Executive Committee
¡pr
MOTION NO, 04-2
A MOTION to amend the Urban Growth Area ofKJng
County. This Motion also modifies the Potential Annexation
Area map in the Countywide Planning Policies.
WHEREAS, the Washington State Growth Management Act, RCW 36. 70All 0 requires
counties to designate an urban growth area or areas within which urban growth shalt be
. encouraged and outside of which growth can occur only if it is not urban in. nature; and
WHEREAS, Countywide Planning Policy FW-l Step 8 recognizes that King County may
initiate amendments to the Urban Growth Area; and
WHEREAS, the King County Executive and the Metropolitan King County Council
requests the Growth Management Planning Council consider the attached amendments to
the Urban Growth Area for eventual adoption by the Metropolitan King County Council
and ratification by the cities; and
WHEREAS, Countywide Planning Policies LV-31 and LU-32 anticipate the collaborative
designation of Potential Annexation Areas and the eventual annexation of these areas by
cities. The attached amendments are supported by the affected city.
BE IT RESOLVED THAT THE GROWTH MANAGEMENT PLANNING COUNCIL OF
KING COUNTY HEREBY MOVES AS FOLLOWS:
1. Amend the Urban Growth Area as designated by the Urban Growth Areas Map in the
Countywide Planning Policies and the Potential Annexation Area map as depicted on
the following attached maps:
Attachment 1, a map showing the redesignation of an area adjoining the Issaquah
Spar Road from Rural to Urban and including tills property within Issaquah's's
PAA. There is also a very small (approximately .2 acre)redesignation {Tom Urban
to Rural to corTect a likely mapping eITor.
Attachment 2, a map showing the redesignation of approximately 6 acres from
Rural to Urban and including this property within the City of Renton's PAA;
- 1 -
1
2
3
4
5
6
7
8
9
10
11
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EXHIBI~
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2. Amend the Interim Potential Annexation Area Map by including any additional
unincorporated urban land created by these UGA amendments in the Potential
Annexation Area of the adjoining city.
3. These amendments are recommended to the Metropolitan King County Council andthe
Cities of King County for adoption and ratification.
ADOPTED by the Growth Management Planning Council of King County in open session
on September 15,2004 and signed b the chair of the GMPC
15
16
17
18
19
20
, hair, GroWth Management Planning Council
- 2 -
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EXH1{:g
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posed Amendment
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EXHlBIT~ ...~---_. ".;;¿2.,0..05---0-45
PAGQ¡{LOF~ P!; ~¡:--. \~ <. - "
12/07/04 Attachment C
Sponsored By:
Executive Committee
/pr
I
MOTION NO. 04-5
A MOTION to amend the Urban Growth Area of King
County. This Motion also modifies the Potential Annexation
Area map in the Countywide Planning Policies.
WHEREAS, the Washington State Growth Management Act, RCW 36.70A.IIO requires
counties to designate an urban growth area or areas within which urban growth shall be
encouraged and outside of which growth can _occur only if it is not urban in na~re; and
WHEREAS, Countywide Planning Policy FW -I Step 8 recognizes that King County may
initiate amendments to the Urban Growth Area; and
WHEREAS, the King County Executive and the Metropolitan King County Council
requests the Growth Management Planning Council consider the attached amendment to
the Urban Growth Area for eventual adoption by the Metropolitan King County Council
and ratification by the cities; and -
WHEREAS, Countywide Planning Policies LU-31 and LU-32 anticipate the collaborative
designation of Potential Annexation Areas and the eventual annexation of these areas by
cities. -
WHEREAS, the attached amendment is supported by the City of Covington, which has
taken steps to insure that the area known as Covíngton Park will remain in park use in
perpetuity.
BE IT RESOLVED THAT THE GROWTH MANAGEMENT PLANNING COUNCIL OF
KING COUNTY HEREBY MOVES AS FOLLOWS:
I. Amend the Urban Growth Area (UGA) as designated by the Urban Growth Areas Map
in the Countywide Planning Policies to include the 29-acre area known as Covington
Park in the UGA, as shown on the map attached to this Motion.
- 1 -
1
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
t:,;.
EXHIBIT -8- (. t'O Cl.:"'. 5;1.. .. 21
PAGEA-~~~,... :J~\
2. Amend the Interim Potential Annexation Area Mapbyincluding the 29-acre area
known as Covington Park in the Potential Annexation Area of the City of Covington.
3. This amendment is recommended to the Metropolitan King County Council and the
Cities of King County for adoption and ratification.
ADOPTED by the Growth Management Planning Council of King County on
December 7,2004 in open session and signed by the chair of the GMPc.
- 2 -
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Growth Management and Unincorporated Areas Committee
Revised Staff Report
Agenda Item: . 5
Proposed Ord: 2005-0045
Attending: Paul Reitenbach, Senior Policy Analyst, DOES
Name:
Date:
Lauren Smith
February 8, 2005
SUBJECT:
Adopting amendments to the Countywide Planning Policies; amending the urban growth area
boundary map, the interim potential annexation areas map, and the urban separator map.
BACKGROUND:
The Growth Management Planning Council (GMPC) is a formal body comprised of elected officials
from King County, Seattle, Bellevue, the Suburban Cities, and Special Districts. The GMPC was
created in 1992 by interlocal agreement, in response to a provision in the Washington State Growth
Management Act (GMA) requiring cities and counties to work together to adopt Countywide Planning
Policies (CPPs).
Under GMA, countywide planning policies serve as the framework for each individual jurisdiction's
comprehensive plan, and ensure countywide consistency with respect to land use planning efforts.
As provided for in the interlocal agreement, the GMPC developed and recommended the Countywide
Planning Policies, which were adopted by the King County Council and ratified by the cities.
Subsequent amendments to the CPPs follow the same process: recommendation by the GMPC,
adoption by the King County Council, and ratification by the cities. Amendments to the CPPs become
effective when ratífied by ordinance or resolution by at least 30% of the city and county governments
representing at least 70% of the population of King County. A city shall be deemed to have ratified
an amendment to the CPPs unless, within 90 days of adoption by King County, the city by legislative
action disapproves it.
SUMMARY:
Proposed Ordinance 2005-0045 would amend the Countywide Planning Policies by making
adjustments to the Urban Growth Area, Potential Annexation Area, and Urban Separator maps.
As part of the 2004 Comprehensive Plan Update, the King County Council made several changes to
the urban growth area boundary. Because the GMA requires the County's comprehensive plan to be
consistent with the Countywide Planning Policies, these amendments necessitate changes to the
Urban Growth Area map in the countywide planning document. The county's redesignation of lands
from rural to urban also requires changes to the Potential Annexation Area map, since urban areas
are to eventually be annexed by cities. In one instance, a County amendment would require a
change to the Urban Separator map.
Because the Council had already made the policy decision(s) to amend the Urban Growth Area in the
2004 Comprehensive Plan Update. a detailed discussion of the individual map amendments is not
included in this staff report. Instead, brief descriptions of each of the proposed changes are included
below: ' .
Q:ICOMMITTEE GM. 20051FINAL Sian Reportsl2005-0045 CPPs - Map Changes REVISED.doc 2/912005 3:03 PM
.,.. ~
Amendments to the countywide Urban Growth Area Bounq~ map.
. Redes~gnat~on of Redmond's Perrigo Park from rural t:>~...~......à.;:.'rr". eX.H~~lT - .,tA..
. Redeslgnatlon of the Enumclaw Golf Course from ruràt1o~an,. I1!Í~E !\ OF ~
. Redesignation of a small parcel on Cougar Mountain frotn rural to uirMQ.
. Redesignation of about 120 acres of the Bear Creek Urban Planned Development from urban to
rural.
Redesignation of approximately 128 acres east of Kirkland (described as Willows Róad) from
rural to urban.
. Redesignation of Covington Park from rural to urban.
. Redesignation of about 6 acres including the Renton Christian Center and some land owned by
King County from rural to urban.
. Redesignation of about 9 acres adjacent to the Issaquah Spar Road from rural to urban, as well
as the redesignation of a small (less than y.. acre) parcel in the same area from urban to rural.
Amendments to the countywide Potential Annexation Areas map:
Inclusion of Perrigo Park in Redmond's potential annexation area.
. Inclu~ion of the Enumclaw Golf Course in Enumclaw's potential annexation area.
. Inclusion of the Willows Road area in Kirkland's potential annexation area.
. Inclusion of Covington Park within Covington's potential annexation area.
. Inclusion of about 6 acres including the Renton Christian Center and some land owned by King
County within Renton's potential annexation area.
. Inclusion of about 9 acres adjacent to the Issaquah Spar Road within Issaquah's potential
annexation area.
. Resolution of a potential annexation area that was formerly claimed by both SeaTac and Tukwila;
this area is now within Tukwila's potential annexation area 1.
Amendments to the countywide Urban Separator map:
. Creation of a new urban separator in the Willows Road area.
Proposed Ordinance 2005-0045 would also ratify these changes on behalf of the population of
unincorporated King County, as required by Countywide Planning Policy FW -1, Step 9.
STAFF ANALYSIS:
Council staff, through its participation on the GMPC's interjurisdictional staff team, has had an
opportunity to review the proposed CPP map amendments, ancl concurs that they are the same map
amendments made by the King County Council in the 2004 Comprehensive Plan Update. A more
thorough description of the proposed changes is included as Attachment 3 to this staff report.
Additionally, documentation on the use restrictions of the Enumclaw Golf Course, Covington Park and
Perrigo Park is included as Attachment 4 to this staff report, pursuant to King County Comprehensive
Plan Policy U-104.
ATTACHMENTS:
1. Documentation of use restrictions for Enumclaw Golf Course, Covington Park and Perrigo
Park.
1 This is the only proposed change that was not driven by amendments to the King County Comprehensive Plan,
but by the actions of cities working to resolve their PAAs.
O:\COMMITTEE GM . 2005\FINAl Staff ReportsI2005.0045 CPPs. Map Changes REVISED.doc 2/912005 3:03 PM
ATTACHMENT 1
~ ~A:~~ OF"8,Q
f ..s' ~ ,~umclaw Golf Co~rs~ '
. Summary of Use RestnctlOns
Background: King County conveyed the Enumclaw Golf Course, an asset of the County
park system, to the City of Enumclaw in 2003. At that time portions of the golf course
were outside the urban growth boundary. Section 3 of the interlocal agreement
transferring the Golf Course states:
The King County Executive's proposed 2004 Comprehensive Land
Use Plan Amendments will include a proposal to modify the City's
urban growth boundary so that it will encompass the golf course
property in a manner that will enable the City at its discretion to
annex the Property into its municipal boundary.
The 2004 King County'Cómprehensive Plan amendments, as adopted by the King
County Council, include policy language to facilitate this referenced modification in the
urban growth boundary: Specifically, policy U-I04(c) regarding rural park properties
adjacent to the urban growth line facilitates an urban designation of such park properties
where "the property is or was formerly a King County park and is being or has been
transferred to a city."
Park Use Restrictions on the Enumclaw Golf Course: Section 2.1 of the interlocal
agreement transferring the golf course to the City of Enumclaw places several restrictive
covenants on the property which run with the land, including but not limited to the
following:
"The City covenants that the Property shall continue to be used in
perpetuity for park or recreation purposes unless other equivalent
lands or facilities within the county or the city are received in
exchange therefore and the replacement lands or facilities are used
in perpetuity for park or recreation purposes."
". . . the Property shall not be transferred or conveyed except by
agreement providing that such lands shall continue to be used for
the purposes contemplated by [the ordinance authorizing the
Forward Thrust bond program], and that the Property shall not be
converted to a different use than the park and recreation' uses
contemplated.. . unless other equivalent lands and facilities within
the County or City shall be received in exchange therefore."
.,
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Perrigo Park.' '. ,
Summary of Use Restri!ifu~ EX~..iII ~ ~
\ ',,- PAG!A-OF
Background: The City of Redmond had its grand opening of Perrigo Park in 2004 after
spending $1.5 mi1lion to acquire the park property and $6 million to develop the property
into a city park. The City initially purchased Perrigo Park property in 1994 with funding
provided by the Washington State Interagency Committee for Outdoor Recreation (lAC).
The City expanded Perrigo Park upon the acquisition of additional property purchased in
'1997. Together, the four parcels that make up Perrigo Park today are 25.86 acres in size.
At the time Perrigo Park opened the park was located adjacent to the City and urban growth
boundary.
The adopted 2004 King County Comprehensive Plan amendments include policy language to
facilitate modification of the urban growth boundary to include rural park properties adjacent
to a city, with city commitment to use the property in perpetuity for park purposes.
Specifically, policy U-I04(a) facilitates an urban designation of such park properties where
"the prCiperty is no more than 30 acres in size and was acquired by the city prior to 1994".
With County Council adoption of these amendments in September 2004, and subsequent
adoption and ratification of the countywide planning policies, the urban growth boundary
will be moved to include Perrigo Park, which will enable the City to annex the property into
its municipal boundary.
Restrictions on Use of Perrigo Park: The initial park property was purchased with funding
provided by the Washington State Interagency Committee for Outdoor Recreation (lAC).
The grant agreement between the City of Redmond and lAC places several restrictive
covenants on the property which run with the land, including but not limited to the following
contained in Section 15(f):
Deed of Right to Use Land for Public Recreation Purposes The Public Agency agrees
to execute an instrument or instruments which contain (l) a legal description ofthe
property acquired under this Project Agreement, (2) a conveyance to the State of
Washington of the right to use the described real property forever for outdoor
recreation purposes, and (3) a restriction on conversion of use of the land in the
manner provided in RCW 43.99.100, whether or not the real property covered by the
deed is marine recreation land..."
Pursuant to this agreement, the City executed two deeds conveying to the State the right to
use this property for outdoor recreation purposes and providing restrictions on the conversion
of use of the land; the deeds also included a legal description of the properties.
The City expanded Perrigo Park in 1997 with the acquisition of additional property
purchased with city park bond funding. The Redmond City Council adopted Resolution No.
802 and Ordinance No. 1585 authorizing bonds for the purpose of "providing money to pay
the capital costs of acquiring land for parks, recreation facilities and open spaces, and
renovating existing park and recreation facilities"; a proposition authorizing issuance of
bonds for parks, recreation and open space acquisition and renovation was approved by
Redmond voters at the general election on November 7, 1989. Because the parcels acquired
in 1997 were purchased with park bond funds, they are restricted to park purposes.
ð..:,,; if£"
f\S'~'i'" þ, EXHIBIT.
j Proposed Conservation Mg6~~ ~ , the City of
Covington and the Cascade Land Conservancy
Document dated November I, 2004
Prepared by: City of Covington
The City of Covington and the Cascade Land Conservancy have
reached a tentative agreement to execute a Conservation Easement
that will encumber a City-owned 29.8 acre parcel. of property,
purchased by the city in 2003 for park uses. Through the Easement,
the City, as Grantor, would protect the subject property from'
residential or commercial development in perpetuity, reserving to the
City the ability to build, own and operate a public park on the site.
The acreage itself would be divided into two sections referred
..to within the Easement as Section A and Section B (See attached
~ap). Section A, which contains some wetland areas and the Little
Soos Creek, will be primarily unimproved open space, and will offer
low impact recreational activities such as hiking and use as a nature
conservancy. This Section will be managed so as to conserve fish and
wildlife habitat, buffer aquifer recharge areas and protect open
space. Some improvements are contemplated such as removal of dirt
bike jumps and the maintenance of a non-commercial City-run tree
nursery for replacing street trees and other plants on public works
projects. Rights are also reserved on Section A to facilitate future
improved trail access to the Soos Creek Park and Regional Trail.
Section B would be used as an improved community park
containing two soccer/multi-use fields, ~ softball diamond and stands,
tennis courts, playgrounds, picnic shelters, basketball court and a
fieldhouse. There will also be public restroom facilities and parking.
This section of the park is planned for active recreation but will be
blended with the adjacent open space to provide a harmonious buffer
betWeen the urban residential development on the east side of 180~
Ave SE and the rural residential areas to the west and north.
.~.t.4 . EXHIBIT
'-> ,(':j ~ ' , " PAGE~OF
Any develåtment riðlf& forfeited by the City would be retain,e
by the Cascade Land Conservancy and could be later sold to
developers as part of a Transfer of Development Rights program. The
Easement reqÜifes¡höwever~ that any monies generated from the
sale of these development rights be utilized to create new
conservancy zones within the City of Covington's defined Area of
Interest.
~
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.
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Both the City and the Cascade Land Conservancy are excited
about this unique approach to conserving the environment and
buffering the urban/rural boundaries with low impact improvements
that provide needed recreational opportunities to both City and rural
residents. In combination with the new Covington Aquatics Center at
Tahoma¡ the park and adjacent pool facility will provide a campus-
like recreation zone that will also allow the City to partner with the
Tahoma School District and Tahoma High School on a variety of
recreation and community projects~ The School District and City are
excited about jointly utilizing their resources as this will result in
efficient ~se of tax dollars¡ especially in times where the Citizens
have asked their public entities to maintain conservative budgets.
Excerpts of the Easement language are provided in the
attached Exhibit A.
. The legislative goals of the Growth Management Act include directives to "retain
JUif} . ~pen space, enhance recreational opportunities, conserve fish and wildlife habitat,
~nIBIT ~C[~~cess to natural resource lands and water, and develop parks and recreation
t' ~ GE ". (Jpciliti~s 'RCW 36.?OA.020(9). Within the City of Covin~on (C~ty), additional
~ ~~ r.c.ërêãtmmtt....o. P.p. O.rt. .u.llltI.e.s..a..r..e.....nee...de...d. .to..m..e. e..t the demand... of an mcreasm.g P. .0PUI.a.t.ion.
V, .R~striçJing the !lS~~ of Section A. to passive recreation <md Secti<:m B to passive and
active recreation would advance one of the Growth Management Act's planning go:;¡ls of
developing parks and recreation facilities.
f.'3 (7)
************************************************************************
Grantor intends that the Conservation Values of the Protected Property be
preserved and maintained by permitting the continuation of only those land uses on the
Protected Property that do not significantly impair or interfere with the Conservation
Valués. Such uses existing at the time of this grant include, without limitation,
active/passive recreational, natural, scenic, open space and educational uses e<;msistent
with this Easement.
. p.4- (f-)
************************************************************************
Grantee is a publicly supported, tax-exempt nonprofit organization, qualified
under Sections 501 (c )(3) and 170(h) of the Internal Revenue Code of 1986, as amended,.
and also qualified as a nonprofit nature conservancy corporation under RCW 64.04.130
and 84.34.250, whose primary purpose is to promote the preservation of open space and
critically important ecålogical systems in King County and surrounding counties in
Washington State.
. p.4 -ç (~)
************************************************************************
The purpose of this Easement isto implement the mutual intentions of Grantor
and Grantee as expressed in the above Recitals, which are incorporated herein by this
reference, and in the provisions that follow, to assure that Section A will be retained
forever predominantly in its natural, scenic, passive recreational and/or open space
condition and, in addition, that Section B will be retained forever predominantly as an
active recreational site, and to prevent any use of, or activity on the Protected Property
that will significantly impair or interfere with the Conservation Values of the Protected
Property (the "Purpose"). Grantor intends that this Easement will confine the use of, or
activity on the Protected Property to such uses and activities that are consistent with this
Purpose.
. , . ç (-rn::)
**************************************************************1:********
Any use of, or activity on the Protected Property inconsistent with the Purpose of
this E~ement is prohibited, and Grantor acknowledges and agrees that it will not
conduct, engage in or permit any such use or activity. Without limiting the generality of
this subsection, the following uses of, or activities on the Protected Property, though not
an exhaustive list, are inconsistent with the Purpose of this Easement and shall be
prohibited; except as expressly provided for and authorized in Section V abòve.
f.\2-t3 (A)
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f\KING COUNTY
..,,#. ~..;".,':-
~;~~ 1 si~nat~ Áe"port
1200 King County Courthouse
Sl61bird Avenue
Seattle, WA 98104
February 14, 2005
EXHIBIT Q~
PAGE.-L-~
Ordinance 15122
Proposed No. 2005-0046.2
Sponsors Constantine
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AN ORDINANCE adopting amendments to the
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Countywide Planning Policies; revising targets for new
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household and job growth for the period 2002-2022;
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ratifying the amended Countywide Planning Policies for
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unincorporated King County; and amending Ordinance
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10450, Section 3, as amended, and Kc.c. 20.10.030 and
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Ordinance 10450, Section 4, as amended, and K.c.c.
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20.10.040.
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BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings. The council makes the following findings:
A. The metropolitan King County council adopted and ratified the Growth
Management Planning Council recommended King County 2012 - Countywide Planning
Policies (Phase I) in July 1992, under Ordinance 10450.
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Ordinance 15122
amendments to the Countywide Planning Policies on August 15, 1994, under Ordinance
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voted to recommend amendments to the King County Countywide Planning Policies;
revising targets for new household and job growth for the period 2002-2022 by amending
Table LU-l.
SECTION 2. Ordinance 10450, Section 3, as amended, and K.C.C. 20.10.030 are
each hereby amended to read as follows:
Phase II.
A. The Phase II Amendments to the King County 2012 Countywide Planning
Policies attached to Ordinance 11446 are hereby approved and adopted.
B. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachment 1 to Ordinance 12027.
C. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachment 1 to Ordinance 12421.
D. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachments 1 and 2 to Ordinance 13260.
E. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachments 1 through 4 to Ordinance 13415.
F. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachments 1 through 3 to Ordinance 13858.
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Ordinance 15122
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G. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachment 1 to Ordinance 14390.
H, The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachment 1 to Ordinance 14391.
L The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachment 1 to Ordinance 14392,
J. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachment 1 to Ordinance 14652.
K. The Phase II Amendments to the King County 2012- Countywide Planning
Policies are amended, as shown by Attachments 1 through 3 to Ordinance 14653.
L. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachment 1 to Ordinance 14654,
M. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachment 1 to Ordinance 14655.
N. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachments 1 and 2 to Ordinance 14656,
O. The Phase II amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachment A to Ordinance 14844.
p, The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachment A to this ordinance.
SECTION 3. Ordinance 10450, Section 4, as amended, and K.c.c. 20.10.040 are
each hereby amended to read as follows:
Ratification for unincorporated King County.
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Ordinance 15122
.~ ~
EXl1tßI1_1 ! ,'. .~;,
PA~1~~Ot')&"
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A. Countywide Planning Policies adopted bý Ordinance 10450 for the purposes
. specified are hereby ratified on behalf of the population of unincorporated King County.
B. The amendments to the Countywide Planning Policies adopted by Ordinance
10840 are hereby ratified on behalf of the population of unincorporated King County.
C. The amendments to the Countywide Planning Policies adopted by Ordinance
11061 are hereby ratified on behalf of the population of unincorporated King County.
D. The Phase II ameQ.dments to the King County 2012 Countywide Planning
Policies adopted by Ordinance 11446 are hereby ratified on behalf of the population of
unincorporated King County.
E. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachment 1 to Ordinance 12027 are hereby ratified on behalf of the
population of unincorporated King County.
F. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachment 1 to Ordinance 12421, are hereby ratified on behalf of the
population of unincorporated King County.
G. The amendm~nts to the King County 2012 - Countywide Planning Policies, as
shown by Attachments 1 and 2 to Ordinance 13260, are hereby ratified on behalf of the
population of unincorporated King County.
H. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachment 1 through 4 to Ordinance 13415, are hereby ratified on behalf of
the population of unincorporated King County.
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1. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachments 1 through 3 to Ordinance 13858, are hereby ratified on behalf of
the population of unincorporated King County.
J. The amendments to the King County 2012 - Countywide Planning Policies, as
.shown by Attachment 1 to Ordinance 14390, are hereby ratified on behalf of the
population of unincorporated King County.
K. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachment 1 to Ordinance 14391. are hereby ratified on behalf of the
population of unincorporated King County.
L The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachment 1 to Ordinance 14392, are hereby ratified on behalf of the
population of unincorporated King County.
M. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachment I to Ordinance 14652, are hereby ratified on behalf of the
population of unincorporated King County.
N. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachments 1 through 3 to Ordinance 14653, are hereby ratified on behalf of
the population of unincorporated King County.
O. The amendments to the King County 2012 -Countywide Planning Policies, as
shown by Attachment 1 to Ordinance 14654, are hereby ratified on behalf of the
population of unincorporated King County.
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Ordinance 15122
,.
.t(:...,".:~..I..BIT ,..
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P. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachment I to Ordinance 14655, are hereby ratified on behalf of the
population of unincorporated King County.
Q. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachments 1 and 2 to Ordinance 14656, are hereby ratified on behalf of the
population of unincorporated King County.
R. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachment A to Ordinance 14844, are hereby ratified on behalf of the
population of unincorporated King County.
S. the amendments to the King County 2012 - Countywide Planning Policies, as
6
Ordinance 15122
EXHIBIT ~
. PAGE.::L.OF..J.Z.
113
shown by Attachment A to this ordinance. are hereby ratified on behalf of the population
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of unincorporated King County.
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Ordinance 15122 was introduced on 1/31/2005 and passed by the Metropolitan King
County Council on 2/1412005, by the following vote:
Yes: 12 - Mr. Phillips, Mr. von Reichbauer, Ms. Lambert, Mr. Pelz, Mr.
Dunn, Mr. Ferguson, Mr. Hammond, Mr. Gossett, Ms. Hague, Mr. Irons, Ms.
Patterson and Mr. Constantine
No: 0
Excused: 1 - Ms. Edmonds
ATTEST:
~
Anne Noris, Clerk of the Council
APPROVED thi.2.;L day ~. 2005.
Attachments
A. Motion No. 04-4
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EXH'E!l~,.....
PAG'L40~.~~....'~' ~~~'.:~ ".,1 5 12 2
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September 15.2004
Attachment A
Sponsored By:
Executive Committee
Icf
MOTION NO. 04-4
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A MOTION by the Growth Management Planning Council ofIGng
County recommending the amendment of the Countywide Planning
Policies, revising targets for new household and job growth for the
period 2001-2022 by amending Table LU-I: 2001-2022 Household
and Employment Growth Targets which will be located in Section III.
C of the Countywide Planning Policies.
WHEREAS, the 1994 Countywide Planning Policies established a housing target range for
each ciiy and for King County; and
WHEREAS, Ihe Growth Management PlaIllling Council adopted revised household and
job growth targets for the period 2001 - 2022 on September 25, 2002; and
WHEREAS, on May 26, 2004, the Growth Management Planning Council met and
discussed revisions to the adopted household and employment targets for the period 2001-
2022.
THE GROWTH MANAGEMENT PLANNING COUNCIL OF KING COUNTY
HEREBY MOVES AS FOLLOWS:
The attached "Revised Table LU-I: 2001-2022 Household and Employment
Growth Targets" is hereby recommended for adoption in the Countywide Planning
Policies to revise the household growth targets and potential annexation area targets
to reflect the target extension from January " 200 I through December 31, 2022.
UGMPCIO4GMPC/M()(()4 --4.doc
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15122
ADOPTED by the Growth Management Planning Council of King County on
September 15, 2004 in open session and signed by the chair of GMPC
Attachment: , ,
I. Revised Table LU-I: 2001-2022 Household and Employment Growth Targets
(file LU-l_Rev2004.xls).
UGM PCl04GMPClMotO4 -4 ,doc
- 2 -
South King Counfy
AI ona 298
Auburn
Black Diamond I,m
Burien 1,552
Covin n - ".,,~
[ks Moines 1576
Federal Wa 6,1&&
Kenl 4,284
Milton 50
Ma Ie Valle 300
Nonnand Park 100
Pacific i~~~
ReDlon 6,198
SeaTac 4,478
Tukwila 3,200
Uninco 4,935
Toea! 42,355
East King Otunty
Beaux AI1s Villa t 3
Bellc\'ue 10,117
Bothdl 1,751
CI de Hill 21
Hunts Point I
Issa uah 3.993
Kenmore 2,325
Kirkland 5,480
... Medina 31
Merœc Island 1,437
Newcastle 863
Redmond 9,083
Sanunamish 3,842
Woodinville 1,869
Yarrow Point 2&
Unine Kin Coun 6,801
Tolal 47,645
SeQ-Shor~
LaJcc Forest Park 538
Seattle 51,510
Shoreline 2651
Unioco Kin 1,670
Tobl 56,369
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A -\+6(,Þ~f\\ l'
EXHIBIT
PAGEJ!LO
252
134 134
~-~~
184 178
603 584
827 802
770 747
I I
402 390
40,000
2,000
27
174
14,000
2,8'00
8,&00
221
&00
500
21,760
1,230
2.000
21
"4,222
7,009
"4,099
6,801
4,637
98,527
"4.193
4,637
"4,193
4,637
1,670
1,670
455
92,083
2,618
694
95,850
1,544
1,544
1,670
1,670
RuralOt;es""
Camalion 246
Duvall 1,037
Enwnclaw 1,927
North Bend 636
S \com ish 20
Sn ualmie 1,691 1,800
Total 5,563 5,250
King Co..nty Tolal 151,931 289,127
'PAkPotOJliaJ Annexation Ñu in UoincolJ'Of3tJod King County Urban At,,; "Bcar Cred UPD; "'North Highlin<:
""Tb<: Rural Citics'largels are for the cUrTOJI city limits and rural expansion arta fOf each city. Thus the melhodology for adjusting
targets as annexalions occur is nOl awlicabk 10 the rural citics.
Editor's Nole: Source for 2001 housing ""djob capacily figurcs for PAAs is.he 1002 King County Buildabk Lands evalualion. Subarea
unincorporated largelS were allocaled to PAAs based on pfOportional capacity. Revjsed per Motion 04-4, Sept. 2004.
75
1,125
1,125
1,125
22
252
27
174
221
21
694
494
-~)
~\ 'I/~
.~.~:",;:. .,
~~8
EXH I QIJ' - S2.
PAGE..lLOF
Metropolitan King County Council
Growth Management and Unincorporated Areas ComrT1ittee
Revised Staff Report
Agenda Item:
Proposed Ord:
Attending:
4
2005-0046
Paul Reitenbach, Senior Policy Analyst, DOES
Name: Lauren Smith
Date: February 14, 2005
COMMITTEE ACTION: The Growth Management and Unincorporated Areas Committee
recommended a "DO Pass Substitute" recommendation for Proposed Ordinance 2005-0046.
The committee passed amendment A-1, a technical amendment to replace the current
attachment to the ordinance (GMPC Motion 04-3) with a new attachment (GMPC Motion 04-4).
The transmittal package included the wrong GMPC Motion.
SUBJECT:
Adopting amendments to the Countywide Planning Policies; revising targets for new household
and job growth for the period 2002-2022.
BACKGROUND:
The Growth Management Planning Council (GMPC) is a formal body comprised of elected
officials from King County, Seattle, Bellevue, the Suburban Cities, and Special Districts. The
GMPC was created in 1992 by interlocal agreement, in response to a provision in the
Washington State Growth Management Act (GMA) requiring cities and counties to work
together to adopt Countywide Planning Policies (CPPs).
Under GMA, countywide planning policies serve as the framework for each individual
jurisdiction's comprehensive plan, and ensure çountywide consistency with respect to land use
planning efforts. As provided for in the interlocal agreement, the GMPC developed and
recommended the Countywide Planning Policies, which were adopted by the King County
Council and ratified by the cities. Subsequent amendments to the CPPs follow the same
process: recommendation by the GMPC, adoption by the King County Council, and ratification
by the cities. Amendments to the CPPs become effective when ratified by ordinance or
resolution by at least 30% of the city and county governments representing at least 70% of the
population of King County. A city shall be deemed to have ratified an amendment to the CPPs
unless, within 90 days of adoption by King County, the city by legislative action disapproves it.
SUMMARY:
Proposed Ordinance 2005-0046 would amend the Countywide Planning'Policies by making
technical adjustments to the household and employment growth targets. These adjustments
were recommended by the Growth Management Planning Council through their unanimous
approval of Motion 04-4 on September 15, 2004.
O:\COMMlnEE GM. 2oo5\FINAL Siafl Reportsl2oo5-{)()46 ReviSed SR 2.14-Q5doc 219/2005 219 PM
..~ ~
..,~.-J. : ' EXHI T
r ~ . f."
Re;;;'¡i<Ìos It, Ihe ~rÌ;,wth targets were discussed~~Q May 26 and
again on September 15, 2004. The proposed changes are as follows:
\
1. Allocating a 592-household target to the West Hill unincorporated area, which mistakenly
was not assigned a household target during the last round of updates.
2. Adjusting Tukwila's growth targets to include projected new households and jobs in an
area that was formerly claimed by both SeaTac and Tukwila (total change to Tukwila's
growth targets: +8 households, +993 jobs).
3. A correction increasing the job target for the City of Kent's potential annexation area from
44 jobs to 287 jobs, commensurate with the employment capacity of the area.
4. An adjustment of household and job targets for Pacific and Auburn to reflect a de-
annexation by Pacific and annexation by Auburn, and a shift of household targets from
Pacific to Covington. .
Proposed Ordinance 2005-0046 would also ratify these changes on behalf of the population of
unincorporated King County, as required by Countywide Planning Policy FW-1, Step 9.
STAFF ANALYSIS:
Council staff, through its participation on the GMPC's interjurisdictional staff team, has had an
opportunity to review the proposed target adjustments, and concurs that they are technical in
nature and have been approved by the affected jurisdictions via the GMPC action. A complete
description of the proposed changes is included as Attachment 4 to this staff report.
O:\COMMITTEE GM - 2oo5\FlNAl Stall Repo<tsl2oo5-oo46 Revised SR 2'14-G5.doc 21912005 2:19 PM
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KI~OI,l~ri! ¡';
~l ..f ~ .,
'. .. .
t 200 King County Courthouse
5161lûrd Avenue
Seattle, WA 98104
Signature Report
. February 14, 2005
EXHIBIT --D-
PAGE--LOF j ~
Ordinance 15123
Proposed No. 2005-0047.2
Sponsors Constantine
1
AN ORDINANCE adopting amendments to the
2
Countywide Planning Policies; designating downtown
3
Burien as an Urban Center; ratifying the amended
4
Countywide Planning Policies for unincorporated King
5
County; and amending Ordinance 10450, Section 3, as
6
amended, and K.c.c. 20.10.030 and Ordinance 10450,
7
Section 4, as amended, and K.C.c. 20.10.040.
8
9
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings. The council makes the following findings:
A. The metropolitan King County council adopted and ratified the Growth
Management Planning Council recommended King County 2012 - Countywide Planning
Policies (Phase I) in July 1992, under Ordinance 10450.
B. The metropolitan King County council adopted and ratified the Phase II
amendmènts to the Countywide Planning Policies on August IS, 1994, under Ordinance
11446.
L
-~~---- - --
Ordinance 15123
~
18
C. The Growth Management Planning Council met on September 15,2004, and
'" .",,'." ,
19 f voted to recommend amendments to the King County Countywide Planning Policies
" .,.t;
2~ ~ designating downtown Bunen as an Urban Center.
21
SECTION 2. Ordinance 10450, Section 3, as amended, and KC.c. 20.10.030 are
22
each hereby amended to read as follows:
23
Phase II.
24
A. The Phase II Amendments to the King County 2012 Countywide Planning
25
Policies attached to Ordinance 11446 are hereby approved and adopted.
26
B. The Phase II Amendments to the King County 2012 - Countywide Planning
27
Policies are amended, as shown by Attachment 1 to Ordinance 12027.
28
C. The Phase II Amendments to the King County 2012 - Countywide Planning
29
Policies are amended, as shown by Attachment 1 to Ordinance 12421.
30
D. The Phase II Amendments to the King County 2012 - Countywide Planning
31
Policies are amended, as shown by Attachments 1 and 2 to Ordinance 13260.
32
E. The Phase II Amendments to the King County 2012 - Countywide Planning
33
Policies are amended, as shown by Attachments 1 through 4 to Ordinance 13415.
34
F. The Phase II Amendments to the King County 2012 - Countywide Planning
35
Policies are amended, as shown by Attachments 1 through 3 to Ordinance 13858.
36
G. The Phase II Amendments to the King County 2012 - Countywide Planning
37
Policies are amended, as shown by Attachment 1 to Ordinance 14390.
38
H. The Phase II Amendments to the King County 2012 - Countywide Planning
39
Policies are amended, as shown by Attachment 1 to Ordinance 14391.
2
40
41
42
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53
54
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Ordinance 15123
L The Phase II Amendments to the King County
tie Planning
Policies are amended, as shown by Attachment 1 to Ordinance 14392.
J. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by AUachmentlto Ordinance 14652.
K. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachments 1 through 3 to Ordinance 14653.
L. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachment 1 to Ordinance 14654.
M. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachment 1 to Ordinance 14655.
N. The Phase II Amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachments 1 and 2 to Ordinance 14656.
O. The Phase II amendments to the King County 2012 - Countywide Planning
Policies are amended, as shown by Attachment A to Ordinance 14844.
P. The Phase II Amendments to the King County 2012 - Countywide Planning
Polièies are amended, as shown by Attachment A to this ordinance.
SECTION 3. Ordinance 10450, Section 4, as amended, and K.C.c. 20.10.040 are
each hereby amended to read as follows:
Ratification for unincorporated King County.
A. Countywide Planning Policies adopted by Ordinance 10450 for the purposes
specified are hereby ratified on behalf of the population of unincorporated King County.
B. The amendments to the Countywide Planning Policies adopted by Ordinance
10840 are hereby ratified on behalf of the population of unincorporated King County.
3
63
64
65
66
67
68
69
70
71
72
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Ordinance 15123 . ~.H. !T 1) .
~,.- ' -.11/ '
C. The ahi!nJments to the Countywide Planning Policies adopted by Ordinance
11061 are hereby ratified on behalf of the population of unincorporated King County.
D. The Phase II amendments to the King County 2012 Countywide Planning
Policies adopted by Ordinance 11446 are hereby ratified on behalf of the population of
unincorporated King County.
E. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachment 1 to Ordinance 12027 are hereby ratified on behalf of the
population of unincorporated King County-
F. The amendments to the King County 2012- Countywide Planning Policies, as
shown by Attachment 1 to Ordinance 12421, are hereby ratified on behalf of the
population of unincorporated King County.
G. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachments 1 and 2 to Ordinance 13260, are hereby ratified on behalf of the
population of unincorporated King County.
H. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachment 1 through 4 to Ordinance 13415, are hereby ratified on behalf of
the population of unincorporated King County.
L The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachments 1 through 3 to Ordinance 13858, are hereby ratified on behalf of
the population of unincorporated King County-
J. The amendments to the King County 2012 - Countywide Planning PoliCies, as
shown by Attachment 1 to Ordinance 14390, are hereby ratified on behalf of the
population of unincorporated King County.
4
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~..-~.. EXH I B IT ----LL-.
(t.LcPAGE~OF ~
(,:;¡"r. 'ï1 :';""::"~.'~'.'..
K. The amendments .to the King County 2012 - Countywide Planning Policies, as
Ordinance 15123
shown by Attachment 1 to Ordinance 14391, are hereby ratified on behalf of the
population of unincorporated King County.
L. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachment 1 to Ordinance 14392, are hereby ratified on behalf of the
population of unincorporated King County.
M. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachment 1 to Ordinance 14652, are hereby ratified on behalf of the
population of unincorporated King County.
N. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachments 1 through 3 to Ordinance 14653, are hereby ratified on behalf of
the population of unincorporated King County.
O. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachment 1 to Ordinance 14654, are hereby ratified on behalf of the
population of unincorporated King County.
P. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachment 1 to Ordinance 14655, are hereby ratified on behalf of the
population of unincorporated King County.
Q. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachments 1 and 2 to Ordinance 14656, are hereby ratified on behalf of the
population of unincorporated King County.
5
107
108
109
110
1 ~
~"".
~~\
Ordinance 15123 ' . ..,i!I ",
, &JIHIBIT ~
..~
R. The amendments to the King County 2012 - Countywide Planning Policies, as
shown by Attachment A to Ordinance 14844, are hereby ratified on behalf of the
population of unincorporated King County. .
S. The amendments to the King County 2012 - Countywide PlannÎng Policies, as
6
Ordinance 15123
.~
111
shown by Attachment A to this ordinance, are hereby ratified on behalf of the population
112
of unincorporated King County.
113
Ordinance 15123 was introduced on 1/3112005 and passed by the Metropolitan King
County Council on V1412oo5, by the following vote:
Yes: 12 - Mr. Phillips, Mr. von Reichbauer, Ms. Lambert, Mr. Pelz, Mr.
Dunn, Mr. Ferguson, Mr. Hammond, Mr. Gossett, Ms. Hague, Mr. Irons,Ms.
Patterson and Mr. Constantine
No: 0
Excused: 1 - Ms. Edmonds
ATTEST:
-----:>
(~~
Anne Noris, Clerk of the Council
APPROVED this ~ day or ~~. 2005.
Attachments
A. Motion No. 04-3
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18.
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~ta~~~í1Jßiì' 5~12 3
September 15, 2004
AHaclunent A
Sponsored By:
Executive Committee
. MOTION NO. 04-3
2
3
4
5
A MOTION to amend the Countywide Planning Policies by
designating Downtown Burien as an Urban Center. Downtown
Burien is added to the list of Urban Centers following
Countywide Plarining Policy LU-39.
6
WlffiREAS, A goal ofthe Growth Management Ad is to encourage development in Urban
Areas where adequate public facilities exist or can be provided in an efficient manner; .
WHEREAS, Policy LU-39 of the Countywide Planning Policies ofK.ing County describes
the criteria for Urban Center designation; .
WHEREAS, Policy LU-40 of the Countywide Planning Policies of }{jog County describes
standards for planned land uses witlún Urban Centers; .
WHEREAS, the City of Burien has demonstrated that Downtown Bupen meets the criteria
for designation as an Urban Center; and
WHEREAS, }{jng County Comprehensive Plan Policy U-1O6 supports the development of
Urban Centers to meet the region's needs for housing, jobs, services, culture and
recreation.
UGM P(' nOO2GMPOMotiotIO2.(,.doc
I
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3
4
5
6
7
8
9
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15
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r
EXH'~'~(
PAGE ~.. þF
15123
THE GROWTH MANAGEMENT PLANNING COUNCIL OF KING COUNTY
HEREBY MOVES AS FOLLOWS:
Downtown Burien is designated as an Urban Center. The list of Urban Centers following
Countywide Plaru1Íng Policy LU-39 is modified to include Downtown Burien.
ADOPTED by the Growth Management Plarming Council of King County on
September 15, 2004 in open session and signed by the chair of GMPC
Ron Sims, Chair, Growth Management Planning Council
UGM PC/2002GM PCJM otionO 2 -<.. 00c
cr
.s-\ -\.-
~1
".
8
EXHlelT.- D, ~
PAGE1D-OF ~
-. i-- -,-
.., :
Metropolitan King County Council
Growth Management and Unincorporated Areas Committee
Revised Staff Report
Agenda Item:
Proposed Ord:
Attending:
3
2005-0047
Scott Greenberg, Community Development
Director, City of Burien
Name: Lauren Smith
Date: February 15, 2005
COMMITTEE ACTION: The Growth Management and Unincorporated Areas Committee recommended
a "DO Pass Substitute" recommendation for Proposed Ordinance 2005-0047. The committee passed
amendment A-1, a technical amendment to replace the current attachment to the ordinance (GMPC
Motion 04-4) with a new attachment (GMPC Motion 04-3). The transmittal package included the
wrong GMPC Motion.
SUBJECT:
Adopting amendments to the Countywide Planning Policies; designating downtown Burien as an
Urban Center.
BACKGROUND:
The Growth Management Planning Council and Countywide Planning Policies
The Growth Management Planning Council (GMPC) is a formal body comprised of elected officials
from King County, Seattle, Bellevue, the Suburban Cities, and Special Districts. The GMPC was
created in 1992 by interlocal agreement, in response to a provision in the Washington State Growth
Management Act (GMA) requiring cities and counties to work together to adopt Countywide Plaf1ning
Policies (CPPs).
Under GMA, countywide planning policies serve as the framework for each individual jurisdiction's
comprehensive plan, and ensure countywide consistency with respect to land use planning efforts.
As provided for in the interlocal agreement, the GMPC developed and recommended the Countywide
Planning Policies, which were adopted by the King County Council and ratified by the cities.
Subsequent amendments to the CPPs follow the same process: recommendation by the GMPC,
adoption by the King County Council, and ratification by the cities. Amendments to the CPPs become
effective when ratified by ordinance or resolution by at least 30% of the city and county governments
representing at least 70% of the population of King County. A city shall be deemed to have ratified
an amendment to the CPPs unless, within 90 days of adoption by King County, the city by legislative
action disapproves it.
SUMMARY:
Proposed Ordinance 2005-0047 would amend the Countywide Planning Policies by adding downtown
Burien to the list of Urban Centers in Policy LU-39. The ordinance would also ratify the change on
behalf of the population of unincorporated King County, as required by Countywide Planning Policy
FW-1, Step 9.
O:\COMMITTEE GM - 2005\FINAL Staff Reports12OO5-ú047 CPPs - Buríen Urban Center REVISEOdoc 21912005 2:52 PM
,.~ 1)
tl EXHIBIT. '!:
STA:ÞA~~~YSIS;'\\ PAGE--U-OF ~
Proposed Designation of Downtown Burien as an Urban Center
The City of Burien requests that the King County Council amend the Countywide Planning Policies to
add its downtown core to the list of Urban Centers in Policy LU-39. The city has followed the correct
process for obtaining such a designation, starting with amending its own plans, policies and capital
improvement programs, and also by securing the recommendation of the Growth Management
Planning Council, which indicated its approval through the unanimous adoption of Motion 04-3 on
September 15, 2004. The final steps in the center designation process are approval by the King
County Council and ratification by the cities (see background section for a detailed explanation of the
ratification process).
Requirements for Urban Center Designation .
The Countywide Planning Policies describe Urban Centers as areas of concentrated employment and
housing, with direct service by high-capacity transit and a wide range of other land uses. Collectively,
they are expected to account for up to one half of King County's employment growth and one quarter
of household growth over the next 20 years. The list of Urban Centers in Countywide Planning Policy
LU-39 currently includes:
. Auburn
. Bellevue
. Kent
. Federal Way
. Kirkland
. Redmond (2)
. Renton
. Seattle (5)
. Tukwila
In order to be designated as an Urban Center, jurisdictions must meet specific criteria in the
Countywide Planning Policies, including having planned land uses to accommodate:
1. A minimum of 15,000 jobs within one-half mile of a transit center;
2. At a minimum, an average of 50 employees per gross acre; and
3. At a minimum, an average of 15 households per acre.
In addition to these requirements, Policy LU-40 states that fully realized Urban Centers shall be
characterized by the following:
a. Clearly defined geographic boundaries;
b. An intensity/density of land uses sufficient to support effective and rapid transit;
c. Pedestrian emphasis within the Center;
d. Emphasis on superior urban design which reflects the local community;
e. Limitations on single-occupancy vehicle usage during peak commute hours;
t A broad array of land uses and choices within those land uses for employees and
residents;
g. Sufficient public open spaces and recreational opportunities; and
h. Uses which provide both daytime and nighttime activities in the Center:
City of Burien's Existing and Planned Conditions
The Countywide Planning Policies recognize that Urban Centers vary substantially in the number
of households and jobs they contain at the time of their initial designation, and thus the decision to
designate an Urban Center is based on planned, not existing, densities. A jurisdiction shows its
commitment to realizing these densities through its comprehensive plan policies, a supportive
regulatory environment and a commitment to provide adequate infrastructure.
O:\COMMIITEE GM. 2005\FINAl Siall Reportsl2oo5-0047 CPPs. Buften Urban Center REVISED.doc 21912005 2:52 PM
EXHIQI]'- ~
PAGE"&OF
The table on the next page shows Burien's existing conditions, as well as future growth projections
for the near future (10-20 years, or "mid-range), and beyond (20+ years, or "long-range). The
long-range projected capacity envisions an Urban Center that is consistent with the requirements
in the Countywide Planning Policies.
I. Burien Urban Center - Existing and Planned Capacity
Households
1 ,433
2,689
6,294
Households/Acre
4.1
7.6
17.8
GMPC Recommendation
The GMPC, through the unanimous adoption of Motion 04-3, has declared that the City of Burien
has demonstrated its commitment to developing a fully realized Urban Center as envisioned in the
Countywide Planning Policies. Specific findings include:
. Burien's comprehensive plan and downtown plan establish the policy framework for
achieving a compact, mixed use, transit and pedestrian oriented Urban Center.
. Burien has implemented its plans with supportive land use and development regulations,
including unlimited residential density in the downtown zone, increased height limits,
design guidelines and streamlined permit processing.
. The city has planned for future growth within the Urban Center through recent
investments in utility, street and sidewalk upgrades, and in land assembly and
acquisition. These efforts include plans for a mixed-use Town Square development, and
plans for a transit-oriented development project
Council staff, through its participation on the GMPC's interjurisdictional staff team, has had an
opportunity to thoroughly review the city's proposal, and concurs that it meets the requirements
in the Countywide Planning Policies for designation as an Urban Center. A complete analysis
of the city's proposal as presented to the GMPC is included as Attachment 4 to this staff report.
O:\COMMITTEE GM. 2oo5\FINAl Staff Repo<ts\2ooS-0047 CPPs . Bunen Urban Center REVISED.doc 21912005 2:52 PM
MEETING DATE:
April 5, 2005
ITEMJL ( ð-)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Approval of New City Hall Contract
CATEGORY:
BUDGET IMPACT:
D
D
[g]
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
D ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: None.
SUMMARY/BACKGROUND: State law the City to retain 5% of the money due to each contractor as a trust fund for the
protection of anyone who performs labor; provides materials, supplies or equipment; or subcontracts to the prime contractor. In
addition, on contracts less than $25,000, a contractor may elect to have the City retain another 50% of the contract in lieu of a
performance bond. As part of the process, a notice of completion and punch list is issued to each contractor, the Department of
Revenue must verify that no outstanding taxes are owed, and the Council must accept each contract is complete before any retainage
or performance bond is released to the contractor. Staff has accepted the following project as complete and seeks acceptance of
completion by the City Council:
Connected Technologies dba Technocom - Low Voltage Data Infrastructure
CITY COUNCIL COMMITTEE RECOMMENDATION: FEDRAC recommends that the full Council authorize staff to place
requests to accept the new city hall contract as complete, release retainage, and release performance bonds directly onto future Council
business agendas.
PROPOSED MOTION: "I move to accept the Low Voltage Data Infrastructure contract as complete and authorize staff to release
retainage, and performance bonds to the appropriate contractors."
CITY MANAGER APPROVAL:
~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D
D
D
D
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
ST
I" reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
Certification for Release of Contract Retainage
Bid/Contract No: AG04-057 -- Connected Technologies dba Techno-Com
Project Title: Low Voltage Data Infrastructure, New Federal Way City Hall Project
I hereby certify, as Contract Administrator representing the City of Federal Way,
that all work required by the above cited contract was completed on January 25t\ 2005
and final acceptance by the City Council \-vas required.
I also certify that no liens have been received within 30 days from the above date
from any person or persons, subcontractors or materialmen, who have performed or
provided any work or material on subject contract.
:s.w
Steve Ikerd
Contract Administrator
~\ .~
L ) ~V¿ .. i...
Director of Administering Department
Also, please find attached Notice of Completion of Public Works Contract for the
notification of Department of Revenue and Employment Security Department.
~
~RivÊ~
State of Washington
Department of Revenue
PO Box 47474
Olympia, WA 98504-7474
Contractor's Registration No.
(UBI No.):
Date:
TECHNI*962CE
601340585
9/9/04
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
From:
Name & Address of Public Agency
City of Federal Way
P. O. Box 9718
Federal Way, WA 98063-9718
Department Use Only
Assigned To
Date Assigned
Notice is hereb
iven relative to the com letion of contract or ro' ect described below
escrlptlOn 0 .ontract
CITY OF FEDERAL WAY NEW CITY HALL PROJECT -- LV DATA & PHONE INFRA (CONTRACT #AGO4-057)
253/939-9093
ate \ or Accepte
1 % l/2004
FIRST NA T' L INSURANCE CO. OF AMERICA (BOND # 12692)
agent 5
fess
POB 34526,; SEATTLE, WASHINGTON 98124-1526
Contract Amount: $ 239,018.00
Amount Disbursed:
$ 288,584.24
Additions or Reductions: $ 39,001.50
Sales Tax: $ 24,465.72
TOTAL: $ 302,485.22
Amount Retained:
$
13,900.98
TOT AL:
$ 302,485.22
Disbursing Officer
Signature:
Khanh Hang
Type Of Prlllt Name
Phone Number:
253/835-2525
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of
Revenue, Olympia, W A 98504-7474, immediately after acceptance of the work done under this
contract. NO PAYMENTS SHALL BE MADE FROM RETAINED FUND until receipt of
Department's certificate, and then only in accordance with said certificate. To inquire about the
availability of this document in an alternate format for the visually impaired or a language other than
English, please call (360) 753-3217. Teletype (TTY) users may call (800) 451-7985. You may also
access tax information on our Internet home page at http:/dor. \Va.goY.
MEETING DATE:
AprilS, 2005
, ITEM# .:1!T (J..~->
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Community Center: 85% Design Consideration
CATEGORY:
BUDGET IMPACT:
0 CONSENT
0 RESOLUTION
~ CITY COUNCIL BUSINESS
D ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
A TT ACHMENTS: Upper and lower level floor plans including all alternates, site plan, budget summary and milestone
project schedule summary presented March 22, 2005.
SUMMARY/BACKGROUND: Council approved 50% Design on November 2, 2004. Budget reconciliation and
proposed 85% Design was presented in a study session on March 22, 2005. At that time the schedule provided for
consideration of 85% design approval on the AprilS, 2005 Regular Council meeting agenda.
CITY COUNCIL COMMITTEE RECOMMENJ)ATION: NA
PROPOSED MOTION: "I move approval of 85% Design of the new community center to include bid alternates as
presented on March 22, 2005, and give authorization to complete] 00% design and bid documents for Council
consideration on Regular Council Agenda April] 9,2005."
CITY MANAGER APPRO VAL: ~'-
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/J)EFERREJ)/NO ACTION
D MOVED TO SECONJ) READING (ordinances only)
COUNCIL BILL #
] ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
-~-'------------
-----------------,,----
---------
REVISED - 05/10/2001
City Council Presentation
850/0 Design Update
March 22, 2005
City of Federal Way Community Center
In association with Arai Jackson Ellison Murakami
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Community Center
Draft 850/0 Design Review
[March 22, 2005]
Executive Summary
BRS has performed a detailed estimate on the 85% Construction Documents and is indicating that the Base
Construction Work without the Alternates could be slightly under by -1.03% of the $14,550,000 allowable
construction budget. Vanir has performed a cross check and review of BRS's estimate and is indicating costs
slightly higher, over the $14,550,000 by 1.88%. This spread in the cost estimates of under 3% is within an
acceptable range, as a typical bid spread could range plus or minus 5% from the targeted budget amount on a
project of this nature. Based on this understanding it is Vanir's opinion that the design to cost requirements of
BRS's contract have been met as best can be determined for the pre-bid phase. BRS's full compliance
regarding the design to costs clause will, however, be ultimately determined at the time of the bid. The
Project Team continues to review ways to reduce costs while retaining a quality project with the objective of
potentially funding the alternate features.
Alternates - Savings from other areas of the budget now available to fund construction Alternates and
associated sales tax are $501,000. The total estimated costs for all Alternates is $1,215,000 (includes WSST)
per BRS's estimate. The following is a breakdown of BRS's estimated cost for each Alternate:
Alternate 1: 3rd GYM Bay
Alternate 2: Multi-Purpose Room
Alternate 3: Running Track
Alternate 4: Climbing Wall Enclosure
Total Estimate
$508,000
$260,000
$287,000
$160,000
$1,215,000
Project Budget:
Estimated Building and Site Cost:
Re-Allocated Funds Available For Alternates:
Estimated Project Soft Costs:
Soft Cost Contingency:
Construction Change Order Contingency:
Allocated Funds $20,578,451
$14,553,479 +
$461,000 +
WSST: $1,280,706
WSST $40,568
$15,834,186
$ 501,568
$ 3,165,481
$ 71,944
$ 1,005.272
$20,578,451
Total
Wetland Buffer Modification Approval
Permit Review
85% Design Review
85% Design Approval
Bidders Forum
100% Design Approval! Authorization to Bid
Bid Advertisement
Bid Period
Authorization to Award
Notice To Proceed with Construction
VANIR
Milestone Schedule:
January 12, 2005
February 14, 2005 to March 31, 2005
March 22, 2005
April 5, 2005
April 6, 2005
April 19,2005
April 21, 2005
April 21, 2005 to May 19, 2005
June 7,2005
June 16, 2005
VANIR CONSTRUCTION MANAGEMENT, INC
MEETING DATE:
April 5, 2005
ITEM#
~V/ (~)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Proposed Settlement Agreement with St. Paulffravelers Insurance
CATEGORY:
BUDGET IMP ACT:
D CONSENT
D RESOLUTION
X CITY COUNCIL BUSINESS
D ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
"""""""""""""""""..........
A TT ACHMENTS: Proposed Mutual Settlement Agreement
SUMMARYIBACKGROUND: The proposed mutual settlement agreement for $315,000.00 would resolve the pending
appeal in the Ninth Circuit Court of Appeals. St. Paul/Travelers was the City's insurance company from 2001-2002.
When business owners brought a lawsuit (Jet Chevrolet et aT) against the City regarding enforcement of the Sign Code, St.
Paul refused to defend the City claiming that the enforcement action was excluded under the insurance policy.
The City commenced a lawsuit against St. Paul. Judge Zilly of the United States Western District of Washington Court
ruled that the insurance company had a duty to defend the City in the Jet Chevrolet matter and ordered the company to
pay all of the defense costs along with prejudgment interest. St. Paul appealed to the Ninth Circuit Court of Appeals,
which is still pending.
St. Paul approached the City to settle the matter. The parties negotiated the proposed mutual settlement agreement. The
settlement would allow the City to recoup the out of pocket expenses paid in defending the Jet Chevrolet matter and most
of the out of pocket expenses in prosecuting the matter against St. Paul.
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A.
............................................
......................"""""""""""" """""""""""""""""""""""
PROPOSED MOTION: I move approval and authorize the City Manager to execute the proposed mutual settlement
agreement.
CITY MANAGER APPROVAL:
~-
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED
D DENIED
D T ABLED/DEFERRED/NO ACTION
D MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
DRAfT
3t/- CJ Ie š
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
I. PARTIES
This Settlement Agreement and Mutual Release ("Agreement") is made this - day of
,2005, between and among St. Paul Guardian Insurance Company
("ST. PAUL"), and the City of Federal Way, Washington ("THE CITY").
II. DEFINITIONS
The Parties hereto agree that the following definitions will apply throughout this
Agreement.
1. "CONTRACTS" shall mean any and all insurance contracts issued to THE CITY
by ST. PAUL, including, but not limited to, the following:
----.-. ....".'-'
POLICY No.
GP09301321
GP09303975
POLICY PERIOD
01/31/00-01/31/01
01/31/01-01/31/02
-]
I
2. "COVERAGE ACTION" shall mean the lawsuit styled The City of Federal Way
v. St. Paul Guardian Insurance Company, United States District Court, Western District of
Washington, Cause No. C03-171Z, United States Court of Appeals for the Ninth Circuit, Docket
No. 04-35804.
3.
"PARTIES" shall mean ST. PAUL and THE CITY.
4. "THE CITY" shall mean the City of Federal Way, Washington, and any of its
predecessors, successors, agents, assigns, and all servants, representatives, brokers, attorneys, or
other persons or entities acting under its direction or control or on their behalf.
5. "ST. PAUL" shall mean St. Paul Guardian Insurance Company, and any past,
present or future officers, directors, shareholders, principals, parents, subsidiaries, affiliates,
representatives, predecessors, successors, agents or assigns, and all persons acting under its
direction or control or on its behalf.
6. "UNDERLYING ACTION" shall mean the lawsuit styled Jet Chevrolet, Inc., et
al. v. The CityafFederal Way, Superior Court of Washington, King County, Cause No. 02-2-
03653
7. Nothing in this Settlement Agreement and Release shall affect rights of persons
not parties to this agreement.
III. RECIT ALS
1.
ST. PAUL issued the CONTRACTS to THE CITY.
K:IClass Action-Jet ChevroletlinsurancelAppeallFinalCleanSettlementdoc 1
2. The UNDERLYING ACTION was filed against THE CITY. THE CITY
tendered the defense of the UNDERLYING ACTION to ST. PAUL. ST. PAUL denied any duty
to defend the UNDERLYING ACTION. THE CITY brought the COVERAGE ACTION against
ST. PAUL to recover the costs associated with the defense ofthe UNDERLYING ACTION.
The UNDERLING ACTION has been resolved.
3. The PARTIES have been negotiating the rights and obligations of the PARTIES
in regard to the CONTRACTS and payment of costs associated with the defense of the
UNDERLYING ACTION and THE CITY's prosecution of the COVERAGE ACTION.
4. THE CITY contends that ST. PAUL has an obligation to pay for costs associated
with the defense of the UNDERLYING ACTION as the allegations against THE CITY in the
UNDERLYING ACTION are potentially covered by THE CONTRACTS. The United States
District Court in the COVERAGE ACTION ruled in the City's favor regarding ST. PAUL'S
obligation to pay for costs associated with the defense of the UNDERLYING ACTION. ST.
PAUL has appealed those rulings to the United States Court of Appeals for the Ninth Circuit,
where such appeal is presently pending.
5. ST. PAUL denies any obligation to THE CITY with respect to costs THE CITY
incurred in the defense of the UNDERLYING ACTION, contending, among other things, that
the claims asserted in the UNDERLYING ACTION are not covered by the tenns of the
CONTRACTS.
6. THE CITY contends that ST. PAUL breached the CONTRACTS with THE
CITY. ST. PAUL denies these claims.
7. A dispute exists as to the existence and extent of insurance coverage, if any, under
the CONTRACTS. The PARTIES agree that they have considered each other's contentions, the
disputed and contested posture of the insurance coverage issues, and the present and future costs
to litigate these disputed and contested insurance coverage issues, and now desire to compromise
all past, present and future claims and disputes between the PARTIES arising under the
CONTRACTS, whether any such claims relate to wrongful acts, property damage, bodily injury,
personal injury, or any other type of injury or coverage or to attorney's fees or costs, without
admitting the validity or invalidity of any claims.
IV. WARRANTY
THE CITY represents and warrants that it has not transferred or assigned, in whole or in
part, and that it fully owns and controls, all of its original rights under the CONTRACTS, and is
authorized to fully and completely compromise its claims under the CONTRACTS for insurance
proceeds sought in the COVERAGE ACTION.
V. AGREEMENTS
In consideration of the mutual covenants and promises contained herein and based upon
the recitals herein, the PARTIES agree as follows:
K:IClass Action-Jet ChevroletlinsurancelAppeallFinalCleanSettlementdoc 2
1.
Payment by ST. PAUL
Within ten (10) days of the full execution of this Agreement by both Parties, ST. PAUL
shall issue payment in the amount of Three Hundred Fifteen Thousand Dollars ($315,000.00) to
Preston Gates & Ellis, LLP., in trust for THE CITY.
2.
Mutual Releases and Discharges
a. THE CITY and ST. PAUL hereby mutually and completely release and
forever discharge one another from any and all past, present or future claims, demands,
obligations, actions, causes of action, rights, damages, costs, losses of services, expenses and
compensation of any nature whatsoever, whether based on a tort, contract, statute or other theory
of recovery, which either party now has, or which may hereafter accrue or otherwise be acquired,
or account of, or may in any way grow out of, or which are the subject of the Complaint (and all
related pleadings) in the COVERAGE ACTION or the UNDERLYING ACTION. No Release
or Discharge within this Agreement shall extend to any past, present or future claims, demands,
obligations, actions, causes of action, rights, damages, costs, losses of services, expenses and
compensation of any nature whatsoever, whether based on a tort, contract, statute or other theory
of recovery, which do not arise from the COVERAGE ACTION or the UNDERLYING
ACTION.
b. In consideration of the payments set forth in Section 1, THE CITY and
ST. PAUL hereby mutually and completely release and forever discharge one another from any
and all past, present or future claims, counterclaims, demands, obligations, actions, causes of
action, rights, damages, costs, losses of services, expenses, bad faith, and compensation of any
nature whatsoever, whether based on a tort, contract, statute or other theory of recovery, which
either party now has, or which may hereafter accrue or otherwise be acquired, or account of, or
may in any way grow out of, or which are the subj ect of the Complaint (and all related
pleadings) in the COVERAGE ACTION or the UNDERLYING ACTION, including, without
limitation, any and all known or unknown claims for injuries and/or losses to the PARTIES with
respect to the UNDERLYING ACTION or the COVERAGE ACTION, or any future claim of
the PARTIES' representatives or successors, which have resulted or may result from the alleged
acts or omissions of the PARTIES with respect to the UNDERLYING ACTION or the
COVERAGE ACTION.
c. THE CITY declares satisfied and resolved all requests, demands and
tenders for indemnity, defense, reimbursement or any and all other requests, demands and
tenders heretofore submitted to ST. PAUL under the CONTRACTS with respect to the
UNDERLYING ACTION.
d. In connection with this Mutual Release, the PARTIES acknowledge that
there is a risk that, subsequent to the execution of this Agreement, they may incur, suffer or
sustain injury, loss, damage, costs, attorneys fees, expenses, or any of these, which are in some
way caused by and/or connected with the persons, entities and/or matters referred to in this
Agreement, or which are unknown and unanticipated at the time that this Agreement is signed, or
which are not presently capable of being ascertained.
Nevertheless, the PARTIES acknowledge that this Agreement has been negotiated and
agreed upon in light of those risks, and the PARTIES expressly waive their rights under the
K:IClass Action-Jet ChevroletlinsurancelAppeallFinalCleanSettlement.doc 3
CONTRACTS regarding the UNDERL YING ACTION, and assume the risk that the facts and
law with respect to the UNDERLYING ACTION or the COVERAGE ACTION may change or
be different from what is now known to them.
With this knowledge, the PARTIES provide this Mutual Release and assume the above-
mentioned risks and understand that THIS AGREEMENT SHALL APPLY TO ALL
UNKNOWN OR UNANTICIPATED CLAIMS OF THE PARTIES ARISING OUT OF THE
UNDERLYING ACTION.
e. This Release shall be effective as ofthe date of the execution of this
Settlement Agreement.
3.
Indemnification and Hold Harmless Agreement
THE CITY agrees to defend ST. PAUL from and against any suits, complaints, actions,
claims, demands, requests for relief, or forbearance of any kind regarding, in any way relating to
or arising from the COVERAGE ACTION or the UNDERLYING ACTION, whether past,
present or future, known or unknown, asserted or unasserted, and to indemnify and hold
ST. PAUL hannless from and against any judgment, liability or indebtedness to any person or
entity claiming entitlement to contribution, offset, payment, benefits, credit or coverage
regarding, in any way relating to or arising from the COVERAGE ACTION or the
UNDERLYING ACTION, whether past, present or future, known or unknown, asserted or
unasserted. This indemnification and defense includes, but is not limited to, (i) claims by an
alleged insured or additional insured, (ii) direct actions or claims or actions for or of legal or
equitable assignment, subrogation, contribution, indemnification, garnishment, or attachment, by
any person or entity, (iii) claims by any actual or alleged successor in interest to THE CITY.
Each party hereto agrees that it will promptly notify the other party in writing of any claim,
demand, suit, or action which comes within or which may come within the scope of this
paragraph. Upon receipt of such notice, THE CITY shall assume the defense of such action at
their own expense. ST. PAUL will cooperate fully with THE CITY and counsel in pursuing the
defense; Provided that:
a. ST. PAUL agrees that it shall, by operation of this Agreement, fully
release any and all parties that agree to release ST. PAUL, including, but not limited to,
any other insurers of the CITY;
b. ST. PAUL agrees that it shall take no affinnative legal action against other
parties in relation to the CITY, arising from or pertaining to the COVERAGE ACTION,
of the UNDERLYING ACTION (including those claims resolved by operation ofthis
Agreement);
c. ST. PAUL agrees that, in the event it invokes the Indemnification
provisions ofthis Agreement, that it shall tender defense of any claims giving rise to such
indemnity to the CITY, and allow the CITY the option to control, coordinate and/or
supervise said defense in the CITY's sole discretion; and,
K:IClass Action-Jet Chn roletlinsurancelAppeallFinalCleanSettlementdoc 4
d. Under no circumstances shall any Indemnity, Defense or Hold Harmless
of any kind or nature under this Agreement, collectively exceed the amount of
$315,000.00.
4.
Stipulation and Order of Dismissal
Within ten days of execution of this document and payment as set forth in Section 1, the
PARTIES will execute one or more Stipulation( s) and Order( s) of Dismissal, dismissing with
prejudice, and with each party to bear its own fees and expenses except as expressly provided in
this Agreement, the lawsuit styled The City of Federal Way v. St. Paul Guardian Insurance
Company, United States District Court, Western District of Washington, Cause No. C03-171Z,
and the appeal thereof, in the United States Court of Appeals for the Ninth Circuit, under Docket
No. 04-35804.
5.
Reservation of Rights
Except as otherwise stated herein, with respect to rights and obligations regarding all
matters outside the scope of this Agreement or asserted by any person not a party to this
Agreement, the PARTIES reserve all positions and all other rights, defenses and privileges
concerning such matters or such persons. This Agreement is without precedential value and
shall not be used as evidence, or in any other manner, before any court or in any proceeding to
create, prove, or interpret the obligations under any insurance policy which may have been
issued by ST. PAUL. This Agreement shall not be introduced into evidence, or used in any other
manner, in any current or future litigation or matter except to demonstrate breach of or
compliance with the terms and obligations of this Agreement, or the compromise or release of
claims affecting this Agreement.
6.
Parties Bound
This Agreement is binding upon and for the benefit of ST. PAUL and THE CITY.
7.
Complete Agreement
This Agreement contains all the terms and conditions agreed upon by the PARTIES
relating to the subject matter hereof and its terms are contractual. All prior or contemporaneous
agreements, negotiations, correspondence, understandings or communications of the PARTIES,
whether oral or written, respecting this settlement, are superseded by this Agreement. This
Agreement may not be amended or modified in any way, except by a writing signed by each
party to this Agreement or a duly authorized representative of each party.
8.
Authority
Each person signing this Agreement represents that he or she has the authority on behalf
of his or her respective party to this Agreement to enter into a settlement and release with the
terms and conditions set forth in this Agreement, such that this Agreement shall be binding on
and enforceable by each ofthe PARTIES in accordance with its terms; Provided that, this
Agreement shall not become final and binding until approved by the Federal Way City Council
in open session and as required by law.
K:IClass Action-Jet ChevroJetlinsurancelAppeallFinalCleanSettlementdoc 5
9.
Voluntary Agreement
This Agreement is not a contract of insurance and the signatories do not intend that it will
be interpreted as such. This is not an adhesion contract, was jointly prepared by the PARTIES,
and is the product of an anus-length negotiation. The PARTIES have fully read and understand
the tenus of this Agreement and sign the same voluntarily, freely, and with the advice of counsel.
It is also expressly agreed and understood that the language of this Agreement shall not be
presumptively construed against either of the PARTIES hereto.
10.
Disputed Claims
It is understood and agreed that this Agreement is made as part of the compromise and
settlement of disputed claims. No statement, whether oral or in writing, or action by any party to
this Agreement, either previously or in connection with such compromise and settlement, shall
be deemed or construed to be an admission by and ofthem to the truth or falsity of any matter
pertaining to any claim, demand, or cause of action referred to herein, or an acknowledgment by
any of them, of any fault or liability whatsoever to any party or to any other person or entity in
connection with any matter or thing.
11.
Duty of Good Faith
The PARTIES agree that they owe each other a duty of good faith and fair dealing with
respect to the tenus of this Agreement. The signatories agree to take such steps and to execute
such documents as may be necessary or proper to effectuate the purpose and intent of this
Agreement.
12.
Counterparts
This Agreement may be executed in counterparts, with each executed counterpart to have
the same force and effect as an original.
13.
Notices
Any notice or request required or pennitted to be given to any party under the tenus of
this Agreement shall be given in writing and shall be personally given or sent to such party by
United States mail at the address below, or at any such other address within the United States as
such party may designate in writing to the other. Each notice given in accordance with this
paragraph shall be deemed to have been given on the date personally delivered, or if mailed, on
the third day following the day on which it is deposited in the United States mail, certified or
registered mail, return receipt requested, with postage prepaid, to the address last given in
accordance with this section.
a.
ST. PAUL GUARDIAN INSURANCE COMPANY:
Joseph D. Hampton, Esq.
Gordon & Polscer, LLc.
1000 Second Avenue, Suite 1500
Seattle, W A 98104
K:IClass Action-Jet ChevrolellinsurancelAppeallFinalCleanSett1emenidoc 6
b.
CITY OF FEDERAL WAY:
City Attorney
City of Federal Way
P.O. Box 9718
Federal Way, WA 98063-9718
Matthew J. Segal
Preston Gates & Ellis LLP
925 Fourth Avenue, Suite 2900
Seattle, W A 98104
14.
Headings
The headings of the sections ofthis Agreement have been inserted for convenience and
reference only, and shall not be construed or interpreted to restrict or modify any of the tenus or
provisions hereof.
15.
Governing Law
This Agreement shall be construed according to the laws of the State of Washington,
regardless of any conflict of law provisions which may apply.
16.
Choice of Forum
The Parties agree that in the event of any litigation between any of the PARTIES
regarding the subject matter ofthis Agreement, the PARTIES agree to submit to the
jurisdiction of the United States District Court, in and for the Western District of
Washington, at Seattle, and to comply with all requirements necessary to give such court
jurisdiction.
K:\Class Action-Jet Chevrolet\insurance\AppeaI\FinaICleanSettkment doc 7
Dated this - day of
'-
CITY OF FEDERAL WAY
By
David Moseley, City Manager
COUNTY OF
)
) ss.
)
STATE OF
Upon being first duly sworn, , known to me to be
the person whose name is subscribed to the within instrument, acknowledged that slhe executed
the same for the purposes there contained in herlhis capacity as
for the City of Federal Way.
Subscribed and sworn to before me this - day of
'-
Printed Name:
Notary Public in and for the State of
Washington, residing at:
My commission expires:
K:\Class Action.Jet ChevroletlinsurancelAppeallFinalCleanSettlementdoc 8
DATED this - day of
ST. PAUL GUARDIAN INSURANCE
COMPANY
Bradley York
COUNTY OF
)
) ss.
)
STATE OF TEXAS
Upon being first duly sworn, Bradley York, known to me to be the person whose name is
subscribed to the within instrument, acknowledged that he executed the same for the purposes
there contained in his capacity as for St. Paul Guardian Insurance Company"
Subscribed and sworn to before me this - day of
'-"
Printed Name:
Notary Public in and for the State of
Washington, residing at:
My commission expires:
K:\34887\00013IMJSIMJS _A210BK:\34887\00013IMJSIMJS - A21 OCK :134887\000 131MJSIMJS _A210D
K{'lass Action-Jet ChevroletlinsurancelAppeallFinalCleanSettlementdoc 9
MEETING DATE:
April 5, 2005
ITEM#
l/ /--rei )
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
ON-STREET PARKING OF COMMERCIAL VEIDCLES IN RESIDENTIAL ZONES
CATEGORY:
BUDGET IMPACT:
0 CONSENT
0 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 March 21,2005.
SUMMARYIBACKGROUND: Federal Way City Code Section 15-82, as last amended in 1991, reads:
"No person shall park a commercial vehicle which is more than 80 inches wide overall on any street or alley in
residential areas zoned SE, RS and RM between the hours of 12:00 midnight and 6:00 a.m."
In 2004, Ordinance 04-457 also amended Sections 22-1176 through 22-1180 to restrict the ability to park commercial
vehicles off-street in residential zones. Staff anticipated that parking of commercial vehicles might shift to public right-
of-way as a result.
At the January 10, 2005 Land Use and Transportation Committee meeting, four citizens spoke in favor of further
restrictions for parking commercial vehicles in residential zones. The concerns presented included:
1.
Larger vehicles create safety issues, including sight distance restrictions at driveways and ability of
emergency vehicles to turn around in cul-de-sacs;
2.
The current restrictions require vehicles to be moved by midnight and the resultant noise disturbs the
neighborhood;
3.
Enforcement of the existing code is lacking.
At the January 24,2005 Land Use and Transportation Committee meeting, the Committee requested staff to compare our
ordinance with other cities and provide a recommendation. Attachment A provides a summary of the comparison of
codes, and Attachment B provides the proposed code language.
At the March 7, 2005 Land Use and Transportation Committee meeting, the Committee requested staff to investigate the
extent of streets on which on-street parking would be pennitted under the proposed ordinance, and investigate the extent
to which the codes, . covenants, and restrictions (CC&R's) of individual residential developments would already provide
such a restriction.
The map in Attachment C shows citywide the streets on which on-street parking could be pennitted, and Attachment D
shows the same streets in greater detail. These do not include streets where only one side of the street is zoned residential,
nor do they include streets where the existing pavement width would not pennit parking on at least one side. Some of
these streets however could allow on-street parking if they were reconstructed to current standards. Hence, these maps
present a current, worst-case analysis. The total street length where on-street parking of commercial vehicles could be
pennitted under these circumstances is approximately 3 miles. However, these does not include any reductions that may
be necessary to preserve sight distance at intersections and driveways, fire hydrants, etc., which typically are addressed on
a complaint basis.
Staff estimates that there are over 300 plats that might have CC&R's. Based on the latest contact list from the
Community Development Department, approximately 80 of them may be active. Staff estimates that it would take
approximately 160 hours to research the CC&R's of each, which would presumably at best apply to only a quarter of the
streets in residential areas in the City. Therefore, staff seeks Committee direction as to whether to continue with this
research.
Another question was asked about how residents in newly-annexed areas would be notified of the change in on-street
parking regulations upon annexation. Currently, the codes are identical, however, if the city modifies its code, areas
annexed in the future would experience a change in the regulation of on-street parking. To date, there has been no
systematic effort to notify residents of newly-annexed areas of any differences between the City and County codes. Staff
could perfonn this if Council so directed.
Per the direction of the Chair of the Committee, as this issue is a policy decision, staff is not making a recommendation.
Options are:
1. Prohibit on-street parking of commercial vehicles in residential zones.
2. Increase the hours of restriction for on-street parking of commercial vehicles in residential zones.
3. No action.
CITY COUNCIL COMMITTEE RECOMMENDATION: At its March 21, 2005 meeting, the Land Use and
Transportation Committee moved to forward this item to City Council without a recommendation for further
consideration by the full Council.
PROPOSED MOTION: "I move:
Option A - to not direct staff to amend the existing Federal Way City Code Section 15-82 as it applies to on-street parking
of commercial vehicles in residential zones; or
Option B - to direct staffto prepare a draft ordinance, amending the Federal Way City Code Section 15-82 as it applies to
on-street parking of commercial vehicles in residential zones and forward the proposed ordinance to the City Council
meeting on April 19, 2005."
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED
D DENIED
D TABLED/DEFERRED/NO ACTION
D MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
March 21, 2005
Land Use and Transportation Comminee
David H. Moseley, City Manager Q~
Rick Perez, P.E., City Traffic Engineer ~
Oil-Street Parkillg of Commercial Vehicles ill Residelltial Zolles
POLICY QUESTION:
Should on-street parking of commercial vehicles be further restricted in residential zones?
BACKGROUND:
Federal Way City Code Section 15-82, as last amended in 1991, reads:
"No person shall park a commercial vehicle which is more than 80 inches wide overall on any street or alley in
residential areas zoned SE, RS and RM between the hours of 12:00 midnight and 6:00 a.m."
In 2004, Ordinance 04-457 also amended Sections 22-1176 through 22-1180 to restrict the ability to park commercial
vehicles off-street in residential zones. Staff anticipated that parking of commercial vehicles might shift to public right-
of-way as a result.
At the January 10, 2005 Land Use and Transportation Committee meeting, four citizens spoke in favor of further
restrictions for parking commercial vehicles in residential zones. The concerns presented included:
1.
2.
3.
Larger vehicles create safety issues, including sight distance restrictions at driveways and ability of
emergency vehicles to turn around in cul-de-sacs;
The current restrictions require vehicles to be moved by midnight and the resultant noise disturbs the
neighborhood;
Enforcement of the existing code is lacking.
At the January 24, 2005 Land Use and Transportation Committee meeting, the Committee requested staff to compare
our ordinance with other cities and provide a recommendation. Attachment A provides a summary of the comparison
of codes, and Attachment B provides the proposed code language.
At the March 7, 2005 Land Use and Transportation Committee meeting, the Committee requested staff to investigate
the extent of streets on which on-street parking would be pennitted under the proposed ordinance, and investigate the
extent to which the codes, covenants, and restrictions (CC&R's) of individual residential developments would already
provide such a restriction.
The map in Attachment C shows citywide the streets on which on-street parking could be pennitted, and Attachment D
shows the same streets in greater detail. These do not include streets where only one side of the street is zoned
residential, nor do they include streets where the existing pavement width would not pennit parking on at least one
side. Some of these streets however could allow on-street parking if they were reconstructed to current standards.
Hence, these maps present a current, worst-case analysis. The total street length where on-street parking of commercial
vehicles could be pennitted under these circumstances is approximately 3 miles. However, these does not include any
reductions that may be necessary to preserve sight distance at intersections and driveways, fire hydrants, etc., which
typically are addressed on a complaint basis.
Staff estimates that there are over 300 plats that might have CC&R's. Based on the latest contact list from the
Community Development Department, approximately 80 of them may be active. Staff estimates that it would take
approximately 160 hours to research the CC&R's of each, which would presumably at best apply to only a quarter of
the streets in residential areas in the City. Therefore, staff seeks Committee direction as to whether to continue with
this research.
Another question was asked about how residents in newly-annexed areas would be notified of the change in on-street
parking regulations upon annexation. Currently, the codes are identical, however, if the city modifies its code, areas
annexed in the future would experience a change in the regulation of on-street parking. To date, there has been no
systematic effort to notify residents of newly-annexed areas of any differences between the City and County codes.
Staff could perform this if Council so directed.
OPTIONS:
--_n -..
.--
... .---.--
..'
'.
Positives
".." .
-.. -. - --
--- ,-,~"....
----
. "..~.!!..~gatives ,
.- ""
."
---. . _.~-~.,..",-
. ..
I. Eliminate on-street parking of
commercial vehicles in residential zones,
with exceptions for delivery vehicles
.
Reduces potential safety
Issues;
Improves
vehicle access;
Reduces late night noise
in neighborhoods;
Reduces diesel fumes in
neighborhoods
.
Potential impacts to
home-based business
owners/operators that
utilize commercial
vehicles.
.
emergency
.
.
2. Further restrict hours for on-street
parking of commercial vehicles In
residential zones
.
Reduces potential safety
Issues;
Improves
vehicle access;
Reduces late night noise
in neighborhoods;
Reduces diesel fumes in
neighborhoods
.
Potential impacts to
home-based business
owners/operators that
utilize commercial
vehicles.
.
emergency
.
.
3. No action
.
No impact
.
Could be perceived as
unresponsive to citizen
concerns regarding:
0 Potential traffic safety
Issues;
0 Emergency
access;
0 Noise and diesel fumes
in neighborhood
vehicle
STAFF RECOMMENDATION:
Per the direction of the Chair of the Committee, as this issue is a policy decision, staff is not making a recommendation.
Options are:
I. Prohibit on-street parking of commercial vehicles in residential zones.
2. Increase the hours of restriction for on-street parking of commercial vehicles in residential zones.
3. No action.
COMMITTEE RECOMMENDATION:
Forward the Committee recommendation to the April 5, 2005 City Council Business Agenda for 1 5t Reading of the
ordinance.
APIJROV AL OF COMMITTEE REPORT:
- J. - Do,'.:- c¡¡~ ~rie FaiSOn; Me"ñiber-- - -..
., '*=~-~--.._~~=._-~ __non_- -.. -==--
',' ',' .. , "..' ¡:,,: -,,",' , ""'. -, '-'" ' ,-,' "',
ATTACHMENT A
--Ai~;;~J - c~~~~¿~;:::;--~:~'=~ts - ] -~~(;-
-I nllicrs (lee!) (feet) (pol1T1d~)
~~=---------~--------------- ____n__- - --- -"--"-,=._=~-,~..-~
Auburn 1 hour max 1 hour max 7.5 20 No limit
Operating Operating
Bellevue prohibited prohibited 8 30 32,000
10:00 pm - 10:00 pm-
7:00am 7:00 am
Des 6 hours max 6 hours max 7.5 20 10,000
Moines
Everett Allowed Loading only 8 20 16,000
Kent 2 hours max 2 hours max 8 20 8,000
Puyal1up Loading only Loading only 7 No No limit
limit
Over 1 ton
Renton prohibited Prohibited No No 12.000
9:00 pm - limit limit
6:00 am
Tacoma 1 hour max 1 hour max No No 12.000
limit limit
King Prohibited Prohibited No
Midnight - Midnight - 6.67 No limit
County 6:00 am 6:00 am limit
Current Prohibited Prohibited
Federal Midnight - Midnight - 6.67 No No limit
Way limit
Code 6:00 am 6:00 am
ATTACHMENT B
Article IV. STOPPING - STANDING - PARKING
Division 1. Generally
15-81 Penalty for violations.
Unless another penalty is expressly provided by law, any person found to have committed an act which violates
the provisions of this article, shall be guilty of a traffic infraction and shall be punished by a penalty of not more
than $250.00. (Ord. No. 90-46, § 5,3-20-90; Ord. No. 91-97, § 1,5-21-91)
15-82 Parking commercial vehicles in residential areas.
No person shall park a commercial vehicle which is more than 80 inches wide overall on any street or alley in
residential areas zoned SE, RS and RM behveen the hours of 12:00 midnight and 6:00 a.m. ,except when
engaged in deliveries or as support to an ongoing business activity such as construction, moving, carpentry,
plumbing, or landscaping, but only for the time reasonable and necessary to support the activity or make the
delivery. (Ord. No. 90-46, § 4, 3-20-90; Ord. No. 91-97, § 1,5-21-91)
15-83 Parking privileges for disabled persons.
The following state statutes, including all future amendments, additions or deletions, are adopted by reference:
(1) RCW 46.16.381, Special parking privileges for disabled persons - Penalties - Enforcement.
(2) RCW 46.61.581.
(3) The department of public safety may appoint volunteers to enforce the parking laws for disabled persons as set
forth in RCW 46.16.381(13) as currently written, or amended in the future. (Ord. No. 01-391, § 7,6-19-01)
15-84 - 15-95 Reserved.
Division 2. Specific Streets
15-96 Authority to impose limitations.
The public works director has the authority, with respect to public highways, streets, roads and thoroughfares
under the city's jurisdiction, to prohibit or limit the times that on-street parking is to be legally permitted. (Ord.
No. 90-42, § 1,2-27-90; Ord. No. 90-47, § 1,3-20-90; Ord. No. 03-449, § 2, 9-16-03)
15-97 Signs.
When the public works director determines parking restrictions are necessary, pursuant to FWCC 15-96, he or she
shall erect, or cause to be erected and maintained, signs designating the parking restrictions. No such limitations
shall be effective unless signs are in place. In no other case shall enforcement and effectiveness of this division be
conditioned on signage. (Ord. No. 90-42, § 2, 2-27-90; Ord. No. 03-449, § 3,9-16-03)
15-98 - 15-110 Reserved.
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Parking in Non-Residential Zones.
Street Detail
City of Federal Way,
GIS Division
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(253) 835-7000
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MEETING DATE:
April 5, 2005
ITEM# cl/¡(f<)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Proposed VSNL Telecommunications 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 March 22,2005 to the Finance, Economic Development and Regional Affairs
Committee, Proposed Franchise
SUMMARY /BACKGROUND:
The basic terms of the proposed franchise are as follows:
1. Equipment. The franchise would permit VSNL to operate four (4) underground conduits, the fiber running
through the conduit, and appurtenant splice boxes.
2. Consideration. VSNL will pay the City's administrative costs and expenses in preparing and approving the
franchise and any permits.
3. Insurance. VSNL will maintain insurance of $5 Million combined single limit for commercial general
liability and $2 Million for automobile insurance.
4. Term. The term 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 Voice Stream (for wireless facilities).
5. Bond. The proposed franchise requires VSNL to post a bond in the amount of $25,000 for the term 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 19,2005"
CITY MANAGER APPROVAL:
~
(BELÒW 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 #
36Ç""
K:\AGNDITEM\2005\VSNL Franchise
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
March 22, 2005
TO:
Finance, Economic Development and Regional Affairs Committee
David H. ~ Manager
Karen Kirkpatric~eputy City Attorney
VIA:
FROM:
SUBJECT:
Proposed VSNL Telecommunications Franchise
Policy Issue
Should the City grant VSNL Telecommunications (VSNL) a Franchise to maintain, repair,
and restore a portion of Williams Communications' fiber optic communications system
within the Military Road right-of-way?
Background
The basic terms of the proposed franchise are as follows:
1. Equipment. The franchise would permit VSNL to operate four (4) underground
conduits, the fiber running through the conduit, and appurtenant splice boxes.
2. Consideration. VSNL will pay the City's administrative costs and expenses in
preparing and approving the franchise and any permits.
3. Insurance. VSNL will maintain insurance of$5 Million combined single limit
for commercial general liability and $2 Million for automobile insurance.
4. Term. The term ofthe 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 VSNL to post a bond in the amount of
$25,000 for the term of the Franchise and any additional bonds that may be warranted by
project-specific activities within the right-of-way.
ç-,
Optiûns
1. Recommend approval of the Ordinance and forward to the full council for first
reading at the AprilS, 2005 meeting.
2. Recommend rejection of the Ordinance.
3. Recommend modification ofthe Ordinance and forward to the full council for first
reading at the AprilS, 2005 meeting.
Staff Recommendation
Approve the Ordinance and forward to the full council for first reading at the April 5, 2005
meeting. (Option 1)
Committee Recommendation
Forward option - to the full City Council for placement on the AprilS, 2005 City Council
Agenda for first reading with a "do pass" recommendation.
ÞH----
Committee Chair
\kMiU- Þwftd5J-
Committee Membef'
E>rCi/}-(r) -AÞðú1-f@
K:\agnditem\fedrac\VSNL ordinance
fd-
DRAf"t
3/3ð/ðÇ
ORDINANCE NO. 05 - -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, GRANTING VSNL
TELECOMMUNICATIONS (US), INc., A DELAWARE
CORPORATION, A NONEXCLUSIVE FRANCHISE TO
OCCUpy RIGHTS-OF-WAY OF THE CITY OF FEDERAL
WAY, WASHINGTON, WITHIN A SPECIFIED FRANCHISE
AREA FOR THE PURPOSES OF MAINT AINING,
REPAIRING, AND RESTORING A FIBER OPTIC
COMMUNICATIONS SYSTEM WITHIN AND THROUGH
THE CITY OF FEDERAL WAY.
WHEREAS, VSNL Telecommunications (US) Inc., a Delaware corporation, (nVSNLn) has
requested a franchise from the City of Federal Way, in order to maintain, repair, and restore a
portion of Williams Communications' fiber optic communications system within the Military Road
right-of-way; and
WHEREAS, on August 1,2000, the City Council enacted Ordinance No. 00-371, granting
Williams Communications a nonexclusive franchise to occupy rights of way within the City for the
purposes of installing, constructing, maintaining, repairing, and restoring a fiber optic
communications system within the City; and
WHEREAS, Williams Communications' fiber optic communications system consists of
twelve (12) underground conduits, of which ten (10) have a diameter of 1.50 inches and two (2)
Ordinance No. 05 - -
Page 1
~3
have a diameter of 1.25 inches; the fiber running through the conduit, and appurtenant splice boxes;
and
WHEREAS, Williams Communications has constructed and installed said fiber optic
communications system; and
WHEREAS, Section 24.3.1 of the Williams Communications' franchise requires that
Williams Communications obtain the City's approval before transferring or assigning any portion
of the communications system under the ffanchise Ordinance No. 00-371; and
WHEREAS, Williams Communications and Tyco entered into a joint built agreement
whereby Tyco took title to four (4) of the ducts installed; and
WHEREAS, Tyco and certain affiliates of VSNL entered into a Stock and Asset Purchase
Agreement on November 1, 2004, under which the VSNL affiliates will acquire the Tyco Global
Network; and
WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant
such a ffanchise, which will specify the rights and duties ofVSNL; and
WHEREAS, RCW 35A.47.040 pennits the City of Federal Way to grant nonexclusive
ffanchises for the use of public streets, bridges or other public ways for, inter alia, conduits, wires
and appurtenances for transmission of signals and other methods of communications; and
WHEREAS, in granting such a nonexclusive ffanchise, 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:
Ordinance No. 05 --
Page 2
r~
Section 1.
Definitions
Where used in this Franchise the following terms shall be defined as follows:
1.1
"City" means the City of Federal Way, Washington, a municipal corporation of the
State of Washington, and its respective successors and assigns.
1.2
"Council" means the City of Federal Way Council acting in its official capacity.
1.3
"Director" means the Public Works Director, or designee, of the City of Federal
Way Public Works Department.
1.4
"Facilities" means: (a) an underground fiber optic communication system comprised
of four (4) underground lilac, grey, green and yellow conduits, of the twelve (12) underground
conduits authorized by Ordinance No. 00-371; and (b), the fiber running through the conduits as
specifically depicted in Exhibit A hereto and in plans on file with the City of Federal Way in File
No. 00-103793 UP. "Facilities" also means any other equipment approved by the Federal Way City
Council by ordinance and incorporated herein by amendment.
1.5
"FWCC" means the Federal Way City Code.
1.6
"Franchise Area" means only that portion ofthe Military Road rights-of-way located
in the City of Federal Way and shown in Exhibit A attached hereto and in plans on file with the
City of Federal Way in File No. 00-103793 UP, and/or any other areas approved by the Federal
Way City Council and incorporated into this Ordinance via amendment.
1.7
"Franchisee" means VSNL Telecommunications (US) Inc., a direct, wholly owned
subsidiary ofVSNL Netherlands B.V., a holding company that is a wholly owned subsidiary of
Ordinance No. 05 - -
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FS
Videsh Sanchar Nigam Ltd., a limited company organized under the laws of India, and its
successors and assigns if approved and/or permitted as provided in Section 24.3 herein.
Section 2.
Grant! Acceptance
2.1
Gnmt of Fnmchise. The City hereby grants to Franchisee the nonexclusive right to
enter upon the Franchise Area for the limited purpose of installing and maintaining the fiber
running through the Facilities within the Franchise Area. This franchise is specifically limited to
the right for Franchisee to maintain Facilities owned and operated by Franchisee. Franchisee may
not provide cable television or open video system services, unless it first obtains a cable television
franchise or open video system franchise or agreement from the City.
2.2
Accept:mce hy Fnmchisee. Franchisee shall have no rights under this Franchise, nor
shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall,
within thirty (30) days after the effective date of this Franchise, file with the City its written
acceptance of this Franchise and all of its terms and conditions.
Section J.
Non-Franchise Area (,Jt;y Propetiy
This Franchise does not and shall not convey any right to Franchisee to maintain 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 the Military Road right-of-way
depicted in Exhibit A.
Section 4.
:w:m
Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the tenn of this
Ordinance No. 05 - -
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Franchise shall be for a period often (10) years commencing on the effective date of this Franchise,
unless terminated earlier pursuant to this Franchise or other applicable law.
Section 5.
T ,ocation of Facilities
5.1
T oocMion. The Facilities will be installed underground pursuant to the Williams
Communications franchise Ordinance No. 00-371. Upon written request of the City, Franchisee
shall update "as-built" plans to reflect actual or anticipated improvements to the system. Any such
plans (or update thereof) so submitted shall be for informational purposes only and shall not
obligate Franchisee to undertake any specific improvements, nor shall such plans be construed as a
proposal to undertake any specific improvements.
5.2
GTS DHtH. At such time as Franchisee develops or employs Geographic Information
System ("GIS") technology, Franchisee shall submit the information required in Subsection 5.1
above in digital GIS format, showing the location of its Facilities within the Franchise Area.
5.3
DesiV1 MHrkin£s.
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 of Federal Way's request, provide the 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 requested by the City.
Section 6.
Noninterference of Facilities
Franchisee agrees to maintain its Facilities and perform any and all activities authorized by
this Franchise: (1) so as not to unreasonably interfere with the free passage of traffic; (2) in
accordance with the laws of the State of Washington and City Code requirements, franchise
Ordinance No. 05 - -
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provisions, regulations, resolutions, rules, and polici~s, as now existing or as hereafter amended;
and (3) as required by the Director. This requirement applies whether or not the work is perfonned
by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's
direction.
Section 7.
Requirement to Obtain Permits
7.1
Pennit~ :mò Pennit Arrlic~tion~. Franchisee shall, at its expense, obtain all pennits,
(including rights-of-way pennits), and pay all pennit fees required by applicable City ordinances,
regulations, resolutions and rules prior to commencing any work within the Franchise Area.
Franchisee pennit applications shall be accompanied by plans stamped by a Professional Engineer
licensed by the State of Washington, which plans shall show the position and location of the
proposed facilities to be repaired, replaced or removed 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 be in new or like-new condition for its type and kind. 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 pennit, and shall be in
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accordance with the Manual on Uniform Traffic Control Devices (MUTCD). The Franchisee shall
indicate on any permit application the time needed to complete the work. The time needed to
complete the work is subject to approval by the City as a condition of the issuance ofthe permit or
approval.
7.2
Emereency 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 long
as: (1) Franchisee informs the City of nature and extent of the emergency, and the work to be
performed, prior to commencing the work; and (2) such permit is obtained by Franchisee as soon
as practicable following cessation of the emergency.
Section R:
Standard of Performance
Franchisee shall not utilize open cut or open trench construction methods for repairing,
replacing or removing Facilities, unless: (1) required by an emergency; or (2) unless boring is not
technically feasible and permission is first obtained from the Director of Public Works. In the event
that Franchisee utilizes open cut or open trench construction methods, Franchisee shall not excavate
for a distance of more than one hundred feet (l 00') without immediately backfilling and compacting
to surface grade and city standards. Backfilled trench areas within a driving lane must be patched,
either temporarily or permanently, before the end of the work day in which they have been opened.
Trench areas within the right-of-way, but not with in a driving lane, must also be patched within the
time limits specified by the City on the right-of-way use permit. Final surface restoration shall be
Ordinance No. 05 - -
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f'ú)
completed within thirty (30) days and shall be equal to or better than the surface condition prior to
pennit issuance. As part of final surface restoration, Franchisee shall install new asphalt overlay for
a minimum distance of 500 feet from the cut or trench on both sides of the cut or trench (i.e., a total
distance of 1,000 feet). In the event that the City adopts a street or pavement degradation fee by
ordinance, at the option of the City Franchisee shall pay such fee in lieu of installing the new
asphalt overlay required by this Section.
Section 9.
Survey Markers and Monuments
Franchisee shall, using a licensed surveyor, immediately replace all 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 10.
Surface Markine~/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. The reference points shall be located so that they shall not be disturbed during the
Franchisee's operations under this Franchise. The method of referencing these monuments or other
points shall be approved by the City before placement.
The construction 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.
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Section 11.
Rie)1t 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 tenus of this Franchise, and such
noncompliance continues for a period often (10) 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 and Franchisee's
obligation to remove or relocate facilities. 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 perfonned, which costs may include the City's reasonable overhead
expenses and attorneys fees. However, the City shall not have any electrical work accomplished by
any person or entity other than Franchisee or a qualified and licensed electrical contractor.
Section 12.
Required Relocation of Facilities
12.1
rity Reserv~tion of Rights. The City reserves the right to use, occupy and enjoy all
or any part of the Franchise Area, either above, below, or adjacent to the Facilities, for any purpose
that is not inconsistent with the tenus and conditions of this Franchise. The rights reserved herein
include, without limitation, the construction, installation, and/or maintenance of any electrical,
water, utility, telecommunications, sewer or stonn drainage line, traffic signals, street lights, trees,
landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and
other public street improvement projects.
Ordinance No. 05 - -
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This Franchise is not an exclusive Franchise and shall not be construed to in any manner
prohibit the City nom granting other and further Franchises in, under, over, upon, and along the
Franchise Area, nor nom exercising such other powers and authorities granted to the City by the
Washington State Constitution and general law.
12.2
Reloc;:¡tion of Fr;:¡nchisee's F;:¡cilities. In the event that exercise of any of the rights
reserved under Section 12.1 above reasonably requires the City to construct, alter, repair, or
improve the right-of-way ("City work"), and the City work necessitates the relocation of the
Facilities then existing in the Franchise Area, the City may require Franchisee to relocate the
Facilities, as provided herein.
12.2.1 City's Duties. The City shall:
(a) Provide written notice as soon as practicable of the requirement for
relocation and the date by which relocation shall be completed; and
(b) Provide Franchisee with copies of pertinent portions of the City's plans
and specifications so that Franchisee may relocate its Facilities to accommodate the City work.
Nothing in this section shall be construed as to relieve Franchisee of its duty and obligation
to relocate its Facilities, at Franchisee's sole cost, for any improvement project undertaken by, or on
behalf of, the City in the interest of public health, safety, welfare, necessity or convenience, as
adjudged in the sole discretion of the City.
12.2.2 Fr;:¡nchisee's Duties. Franchisee shall:
(a) No later than the date set by the City for completion of the relocation,
raise, lower, or move the Facilities to the location or position directed by the City, to cause the least
Ordinance No. 05 - -
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interference with the City work and to conform to such new grades as may be established. If the
City improves the right-of-way and, if directed by the City, Franchisee shall replace the Facilities
with substitute Facilities conforming to the specifications for the improvement of the right-of-way;
(b) bear all costs and expenses of the relocation and provision of substitute
Facilities.
Section 1 J.
Dama~e Repair
In case of damage by the Franchisee, its agents or employees or by the Facilities of the
Franchisee to rights-of-way, or to public and private improvements within or adjacent to 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, the City shall give the Franchisee notice of the damage and set a time limit 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 and recover the costs and
expenses of such repair from Franchisee in accordance with the provisions of Section 11 of this
Agreement.
Section 14.
Derail Jt
14.1
Notiœ of Def:mlt. In addition to other remedies set forth herein, if Franchisee shall
fail to comply with any of the provisions of this Franchise, the City may serve a written notice to
Franchisee ordering such compliance and Franchisee shall have sixty (60) days from the receipt of
such notice in which to comply.
Ordinance No. 05 --
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14.2
Revocation of Franchise. If Franchisee is not in compliance with this Franchise
after the expiration of the sixty (60) day period, the City may, by resolution, declare the franchise
immediately revoked.
Section 15.
T .imited Riehts
This Franchise is intended to convey only a limited right and interest to Franchisee in the
Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in
or to the Franchise Area to Franchisee.
Section 16.
Rminent nomain
The existence of this Franchise shall not preclude the City from acquiring by condemnation,
in accordance with applicable law, all or a portion of Franchisee's Facilities within the Franchise
Area for the fair market value thereof. In determining the value of such Facilities, no value shall be
attributed to the right to occupy the Franchise Area conferred by this Franchise.
Section 17.
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 30 days before vacating all or any portion ofthe
Franchise Area. The City may, after thirty (30) days written notice to Franchisee, terminate this
Franchise with respect to any such vacated area.
Section 1 R.
Compliance with I,aws
18.1
(Ten era 1. Franchisee shall comply with all applicable federal, state and City laws,
franchises, resolutions, regulations, standards and procedures, as now existing or hereafter amended
Ordinance No. 05 - -
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or adopted, including without limitation the State Environmental Policy Act; provided, however,
that if any term or condition of this Franchise and any term or condition of any City law, code,
ffanchise, resolution, regulation, standard, procedure, permit or approval are in conflict, the term or
condition of this Franchise shall control. City and Franchisee acknowledge and agree that the
terms, conditions and provisions of this Franchise are consistent with applicable law, including but
not limited to with the Telecommunications Act of 1996, existing Washington State statutes and the
FWCC, as currently enacted and interpreted.
18.2
FlIture City of Fec1 enl 1 Way Rer;nlation. Franchisee acknowledges that the City may
develop rules, regulations, ordinances and specifications for the use of the right-of-way which shall
govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this
Franchise was executed by the City and Franchisee covenants and agrees to be bound by same.
Section 19.
Guarantee
Franchisee shall guarantee work completed by the Franchisee under this Franchise for a
period of 10 years against settlement or repair including Facilities and right-of-way restoration;
provided,
however,
Franchisee
IS
not
guaranteeing
the
proVIsIOn
of any
specific
telecommunications services.
Section 20.
Administrative Costs
Franchisee agrees to reimburse the City all actual costs, including reasonable overhead costs
associated with the administration of this ffanchise or costs incurred by the City for actions
undertaken in accordance with the ffanchise. These costs shall include, but not be limited to wages,
benefits, equipment and supplies for activities such as plan review, permit processing and permit
Ordinance No. 05 - -
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f-15
inspections. Such costs shall be billed to Franchisee on a quarterly basis and Franchisee shall pay
such costs within thirty (30) days of receipt of such bills. Each bill shall include verifiable detail as
to the nature of the costs incurred. Failure by Franchisee to make full payment of bills within the
time specified shall be considered sufficient grounds for the tennination of all rights and privileges
existing under this Franchise. Franchisee also agrees to pay a fee or a charge to recover the actual
reasonable administrative expenses incurred by the City which are directly related to preparing and
approving this Franchise. Nothing herein shall preclude the City from charging administrative fees
or recovering any administrative costs incurred by the City in the approval of pennits or in the
supervision, inspection or examination of all work by Franchisee in the Franchise Area as
prescribed in accordance with applicable provisions of the Federal Way City Code or as pennitted
by other applicable law. Franchisee shall be subject to all pennit fees associated with activities
undertaken through the authority granted in this Franchise or under ordinances of the City. Where
the City incurs costs and expenses for review or inspection of activities undertaken through the
authority granted in this franchise or any ordinance relating to the subject for which a pennit fee is
not established, Franchisee shall pay such costs and expenses directly to the City. In addition to the
above, Franchisee shall promptly reimburse the City for any and all costs it reasonably incurs in
response to any emergency involving Franchisee's Facilities. Further, Franchisee shall also pay all
taxes and pavement and street degradation fees which are authorized by law or City ordinance and
may now or hereafter be required and imposed by the City.
Section 21
T ndemnification
Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials,
Ordinance No. 05 --
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officers, employees, agents, and volunteers from any and all claims, demands, losses, actions and
liabilities (including costs and all attorney fees) to or by any and all persons or entities, including,
without limitation, their respective agents, licensees, or representatives, arising from, resulting
from, or connected with this Franchise to the extent caused in part or in whole by the acts, errors or
omissions of the Franchisee, its officers, partners, shareholders, agents, employees, or by the
Franchisee's breach of any provisions of this Franchise; provided, however, that this section shall
not be construed as requiring Franchisee to indemnify, hold harmless or defend the City against
claims or damages arising from the negligence of the City, its agents or employees. In the event any
claim, demand, suit or action is commenced against the City which gives rise to Franchisee's
obligation pursuant to this Section 21, the City shall promptly notify Franchisee thereof.
Franchisee's selection of an attorney to defend any such claim, demand, suit or action shall be
subject to the City's approval, which shall not be unreasonably withheld. Franchisee shall not settle
or compromise any such suit or action except with prior written consent of the City, which shall not
be unreasonably withheld. The City shall have the right at all times to participate through its own
attorney in any suit or action which arises pursuant to this Franchise when the City detennines that
such participation is required to protect the interest of the City or the public. In the event it is
detennined that RCW 4.24.115 applies to this Franchise, Franchisee agrees to defend, hold
harmless and indemnify the City to the maximum extent pennitted thereunder, to the full extent of
Franchisee's negligence.
The provisions of this Section 21 shall survive the expiration or
tennination of the Franchise for a period of three (3) years.
Ordinance No. 05 --
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Section 22.
Insurance
22.1
Minimum T .imits. The Franchisee agrees to carry as a minimum, the following
insurance, in such forms and with such carriers as are satisfactory to the City.
(a)
Workers compensation and employer's liability insurance in amounts
sufficient pursuant to the laws of the State of Washington;
(b)
Commercial general liability insurance with combined single limits of
liability not less than $5,000,000 for bodily injury, including personal injury or death, products
liability, contractual coverage, operations, explosion, collapse, underground and property
damage; and
(c)
Automobile liability insurance with combined single limits ofliability not
less than $2,000,000 for bodily injury, including personal injury or death and property damage.
22.2
Mnnch'ltory Tns1lTnnœ Provisions. The comprehensive general liability insurance and
automobile liability insurance policies shall be endorsed to contain the following provisions:
(a)
The City, its officers, elected officials, employees, and volunteers are to be
named as additional insured;
(b)
Coverage 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;
(c)
Coverage shall not be suspended, canceled, modified or reduced except after
thirty (30) days prior written notice to the City delivered by certified mail, return receipt requested;
and
(d)
Coverage shall be primary as to the City, its officers, officials, employees
Ordinance No. 05 --
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"FIB
and volunteers. Any insurance or self-insurance by the City, its officers, officials, employees or
volunteers shall be in excess of Franchisee's required insurance.
22.3
Verif1C',;::¡tion of rover;::¡pe. Franchisee shall furnish the City with certificates of
insurance evidencing the coverages required by this Section. The certificates shall be signed by a
person authorized by the insurer to bind coverage on its behalf and must be received and approved
by the City prior to the commencement of any work. At the City's request in the event of a claim,
Franchisee shall deliver certified copies of all required insurance policies.
Section 2~.
llimd
Upon accepting this Franchise, the Franchisee shall post a bond in the form attached as
Rxhihit R and in the amount of$25,000 to guarantee performance of the construction, performance,
maintenance or repair in accordance with any permits required and with any provisions of this
Franchise. Procedures for submissiòn and release of the bond shall be as provided in FWCC
Sections 22-146 and 22-175 or as otherwise provided in the City Code. ill the event that the
Franchisee fails to perform as required herein or by any permits required, the City may perform the
work as provided herein, and may have recourse to the bond in addition to or in lieu ofthe remedies
provided herein, at the City's sole discretion. Franchisee shall be entitled to return of the bond, or
portion thereof, as remains sixty (60) days after the expiration or termination of the Franchise,
provided the City has not notified Franchisee of any actual or potential damages incurred as a result
of Franchisee's operations pursuant to the Franchise or as a result of default thereunder.
Section 24.
General Provisions
24.1
Entire Apreement. This Franchise contains all of the agreements of the Parties with
Ordinance No. 05 --
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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.
24.2
Mocilfic3Ílon. 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.
24.3
AsSlenment. This Franchise may not be assigned or transferred without the prior,
express, written approval of the City, which approval shall not be unreasonably withheld, provided
that the Franchisee shall have the right to mortgage its rights, benefits and privileges in and under
this Franchise to secure any indebtedness without notice or approval. Any attempted assignment or
transfer in violation of this section shall be void. The transfer of the rights and obligations of
Franchisee to a parent, subsidiary, affiliate, or to any successor-in-interest or entity acquiring fifty-
one percent (51 %) or more of Franchisee's stock or assets, shall be deemed an assignment. The
City's review of a proposed assignment or transfer shall be based on the following criteria: (i) the
transferee shall have technical expertise, capabilities and financial strength to meet the obligations
of the Franchise and being at least equal to or greater than that of Franchisee during the twelve (12)
months prior to the transfer; and (ii) the proposed transferee's record of performance under similar
agreements. Further, the transferee shall assume all ofthe obligations of Franchisee hereunder, and
Franchisee shall not be released ITom the obligations of this Franchise by virtue of such transfer
until the City consents to such transfer or assignment. Franchisee shall give to the City thirty (30)
days' prior written notice of any such proposed assignment or transfer and shall provide all
necessary information to the City, including financial data, in order to enable the City to evaluate
whether the proposed transferee satisfies the foregoing criteria. The City shall take action on the
Ordinance No. 05 - -
Page 18
'F-VO
proposed assignment or transfer no later than ninety (90) days of receipt of all necessary
information.
In the case of any proposed transfer for which the City' approval is required
hereunder, Franchisee agrees that the City's reasonable expenses incurred in reviewing such
transfer or assignment proposal are Franchise administration expenses which shall be reimbursed
pursuant to Section 20 herein. Within thirty (30) days of the date of any approved assignment or
transfer, Franchisee and assignee or transferee shall file written notice of the assignment or transfer
with the City together with written acceptance of all terms and conditions of this Franchise.
24.4
Attorney Fees. In the event the City or the Franchisee defaults on the performance
of any terms in this Franchise, and the Franchisee or the City places the enforcement of the
Franchise or any part thereof or for the collection of any monies due, or to become due hereunder,
in the hands of an attorney, or files suit upon the same, the prevailing party shall be entitled to an
award of all reasonable attorneys' fees, costs and expenses. The venue for any dispute related to
thís Franchise shall be King County, Washington.
24.5
No W;:¡iver. 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
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.
24.6
lTovernin£ T ,;:¡W. This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
24.7
A lIthonty. Each individual executing this Franchise on behalf of the City and
Ordinance No. 05 --
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Franchisee represents and warrants that such individual is duly authorized to execute and deliver
this Franchise on behalf of the Franchisee or the City.
24.8
Notices.
Any notices required to be given by the City to Franchisee or by
Franchisee to the City shall be delivered to the parties at the following addresses:
Franchisee:
City:
VSNL Telecommunications (US) Inc.
2100 Reston Parkway, Suite 320
Reston, Virginia 20191
Attn: David Ryan
City of Federal Way
Attn: City Attorney
th
333258 Avenue South
Federal WayWA 98003-6210
Mailing Address:
P. O. Box 9718
Federal Way, WA 98063-9718
With a copy to:
Randall W. Sifers
Kelley Drye & Warren LLP
1200 19th St NW, Suite 500
Washington, DC 20036
Any notices may be delivered personally to the addressee of the notice or may be deposited
in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in
the United States mail shall be deemed received three (3) days after the date of mailing.
24.9
C~ptions. The respective captions of the sections of this Franchise are inserted for
convenience of reference only and shall not be deemed to modify or otherwise affect in any respect
any of the provisions of this Franchise.
24.10 Remeòies rum]] htive. Any remedies provided for under the tenns ofthis Franchise
are not intended to be exclusive but shall be cumulative with all other remedies available to the City
at law, in equity or by statute.
Sedion 25.
Severa hility
If any section, sentence, clause, or phrase of this Franchise should be held to be invalid or
Ordinance No. 05 --
Page 20
'F~l/
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
Franchise.
Section 26.
RatificaHon
Any act consistent with the authority and prior to the effective date of this Franchise is
hereby ratified and affirmed.
Section 27.
F.ffective Date
This ordinance shall take effect and be in force 30 days from the time of its final passage, as
provided by law, provided it has been duly accepted by Franchisee as herein provided above.
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, 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.:
ACCEPTANCE:
Ordinance No. 05 --
Page 21
f7--3
ACCEPTANCE:
The undersigned hereby accepts all the rights and privileges of the above granted Franchise
and acknowledges that such rights and privileges are subject to and limited by all of the terms,
conditions and obligations contained therein.
DATED this - day of
,2005.
VSNL Telecommunications (US) Inc.
By:
Its:
K:\TelecomWSNL Telecom Franchise 3.14.05
Ordinance No. 05 - -
Page 22
-r ~v(
EXHIBIT A
Detailed plans of the Franchise Area are on file with the City of Federal Way Public Works
Department.
Ordinance No. 05 --
Page 23
FL5
EXHIBIT B
CITY OF FEDERAL WAY
PERFORMANCE BOND FOR
RIGHT OF WAY FRANCHISE AGREEMENT
KNOW ALL PEOPLE BY THESE PRESENTS:
We, the
("Principal If)
undersigned
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 no/I 00 ($ )
for the payment of which we finnly bind ourselves and our legal representatives, heirs,
successors and assigns, jointly and severally.
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
Ordinance No. 05 - -
Page 24
y~(,.,
from any damage or expense by reason of failure of performance as specified in the Agreement,
or from defects appearing or developing in the material or workmanship provided or performed
under the Agreement within the period not less than:
1. the terrn 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 terms of the Agreement or to the work to be perforrned
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 terms of the Agreement or to the Work.
Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of
the terrns 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
Ordinance No. 05 --
Page 25
--P~1
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
CERTTFTCATE 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
Ordinance No. 05 - -
Page 26
T'l\:>
CORPORATE SEAL OF SURETY:
APPROVED AS TO FORM:
Patricia A. Richardson, City Attorney
Ordinance No. 05 - -
Page 27
F2-j
SURETY
By:
Attorney-in-Fact
(Attach Power of Attorney)
(Name of Person Executing Bond)
(Address)
(Phone)
MEETING DATE:
April 5, 2005
ITEM#: //(/ W
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: AMENDMENTS TO FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE IV,
'~~2.~ç 2. ~!2~~~~Ç~!~~~~~A:~!.!~~~~Y.!!!,~~§!~~~ ~~
CATEGORY:
BUDGET IMPACT:
D
D
D
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
IZI ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTii;;..Ü)P;~p~~~dÖ;di~~¡;~~~itïiE~hibitÄ(Ä~~~d~~~t~t~FWCCCh~pt~;'22Ärticï~iV:;;Nonconform~n~~:;;and
FWCC Chapter 22, Article XVIII, "Signs"); (2) February 25, 2005, Memorandum to the Land Use/Transportation Committee (LUTe)
with Exhibits 1-4 (please note that due to their bulk, Exhibits 1-4 are not included, but are available in the Council Conference Room);
(3) March 7,2005, Land Use/Transportation Committee Minutes.
SUMMARyiBACKGRÖUND:ThepuiP~~~~fthep~op~~~da~e~d~~~t~ist~a~endFWCCCh~pte~22:ÄrticieiV:
"Nonconformance," and Article XVIII, "Signs," in order to adopt regulations for signs in areas annexed to the City,allow for a 10-
year amortization period for legal nonconfomúng signs, and to address relocation of legal nonconfomúng signs as a result of
government acquisition of property for right-of-way expansion. Other minor changes intended for clarification are also being
proposed. The Planning Commission held a public hearing on January 19,2005, and recommended approval ofthe;proposed code
amendments to the Land Use/ Transportation Committee and City Council.
............................................................................................................................................................................................................................................................................................................................................................................................................................................................................'...........'.....................................................................................
CITY COUNCIL COMMITTEE RECOMMENDATION: During the March 7,2005, Land Use/Transportation Committee (LUTe)
meeting, the LUTC recommended approval of the Planning Commission's recommendation with two changes. The fIrst change was to
FWCC Chapter 22, Section 22-335(i), Government Acquisition of Property for Right-of- Way. This change would give property owners six
months, instead of90 days, from the date that a Consent Degree or Settlement Agreement was filed to apply for a pemút to relocate the sig
The second change was to correct a cited section in the definition of Clearview Zone. The Planning Commission recommendation as
amended by the LUTC is being forwarded to the full Council for fIrst reading on April 5, 2005.
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
PROPOSED MOTION: "I move the LUTC's recommendation to approve the amendments to FWCCChapter 22, Article IV,
"Nonconformance," and FWCC Chapter 22, Article XVIII, "Signs," which are attached as Exhibit A to the proposed ordinance, to
second reading and enactment on April 19, 2005."
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 #
?(P'~'
1:\2005 Code Amendments\PAA Signs\City Council\AGENDA BILL.doc/3/25/2005 12:57 PM
CITY OF FEDERAL WAY
DRAFT
3/~c¡lð~
ORDINANCE NO. 05 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING
FEDERAL WAY CITY CODE (FWCC) CHAPTER 22,
ARTICLE IV, "NONCONFORMANCE," AND ARTICLE
XVIII, "SIGNS," TO ADOPT REGULATIONS FOR SIGNS
IN AREAS ANNEXED TO THE CITY, AND ALLOW FOR A
10-YEAR AMORTIZATION PERIOD FOR LEGAL
NONCONFORMING SIGNS (AMENDING ORDINANCE
NO'S. 90-43, 91-113, 92-135, 92-144, 95-235, 96-270, 97-307,
99-342,99-348,99-357,01-398)
WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly
revised the Federal Way City Code (FWCC) Chapter 22 (Zoning);
WHEREAS, the City of Federal Way finds that amending Federal Way City Code (FWCC) Chapter
22, Article IV, "Nonconfonnance," and Article XVIII, "Signs," meets the intent of Chapter 36.70A RCW,
Growth Management;
WHEREAS, the City of Federal Way finds that these code amendments will implement and are
consistent with the Federal Way Comprehensive Plan;
WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code
amendments on January 19,2005, and forwarded a recommendation of approval to the City Council;
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered
these code amendments on March 7, 2005, following which it recommended adoption of the text
amendments as recommended by the Planning Commission and amended by the Land U se/Transportation
Committee;
WHEREAS, the City Council finds that the code amendments to adopt regulations for signs in
annexation areas, and to allow for a 10-year amortization period for legal nonconfonning signs in said
Ord No. 05 -
, Page 1
areas are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and
promote the health, safety, and welfare of the general public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way
finds that the proposed code amendments will protect and will not adversely affect the public health,
safety, or welfare.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the
Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law
with respect to the decisional criteria necessary for the adoption of the proposed amendments:
1. The proposed FWCC text amendments are consistent with, and substantially implement, the
Federal Way Comprehensive Plan goal to improve the appearance and function ofthe built
environment.
2. The proposed amendment bears a substantial relationship to public health, safety, and
welfare by extending the City sign regulations to newly annexed areas, thereby providing
consistent application of the regulation and consistent enforcement of signs for similar uses.
In addition, providing controls on signs provides a balance between the rights of
individuals and the community interest.
And
3. The proposed FWCC text amendments are in the best interest of the residents of the City
because it provides consistent sign regulation throughout the City while it eases the
economic impact of the code on sign owners in the annexed areas by giving them a 10-year
amortization period.
Section 3. Amendment. FWCC Chapter 22, Article IV, "Nonconformance," and Article XVIII, "Signs,"
are amended as set forth in the attached Exhibit A.
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Ord No. 05 -
, Page 2
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall be èffective five (5) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on
the
day of
,2005.
APPROVED:
Mayor, Dean McColgan
ATTEST:
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
1:\2005 Code Amendments\PAA Signs\City Council\Adoption Ordinance.doc/3/25/2005 12:38 PM
Ord No. 05 -
, Page 3
FEDERAL WAY CITY CODE
Chapter 22. Article XVIII.
SIGNS
EXHIBIT ---A--
PAGE-LOF Ã1-
Sections:
22-1596 Purpose.
22-1597 Definitions.
22-1598 Scope.
22-1599 Permits.
22-1600 Prohibited signs.
22-1601 Signs in nonresidential zoning districts.
22-1602 Construction standards.
22-1603 Variance from sign code.
22-1604 Compliance and enforcement.
22-1605 Reserved - Comprehensive design plan.
22-1606 - 22-1629 Reserved.
22-1596 Purpose.
It is the purpose of this article to balance public and private needs. Within this broad purpose are the
following objectives:
(1) Recognize the visual communication needs of all sectors of the community for identification
and advertising purposes;
(2) Promote a positive visual image of the city and protect property values by:
a. Encouraging signs that are appropriate and consistent with surrounding buildings and
landscape in both scale and design, appropriate to the size of the subject property and the amount of street
frontage adjacent to the subject property, and appropriate in relationship to the size of the building; and
b. Discouraging excessive numbers of signs;
(3) Protect the public health, safety, and welfare by regulating the placement, removal,
installation, maintenance, size, and location of signs;
(4) Support and enhance the economic well-being of all businesses within the city, and in
particular recognize the needs of all businesses to identify their premises and advertise their products;
(5) Assure equal protection and fair treatment under the law through consistent application of the
regulations and consistent enforcement;
(6) Provide Gfonsistency with the comprehensive plan;
(7) Recognize that the aesthetic value of the total environment does affect economic values of the
community, and that the unrestricted proliferation of signs can and does detract from the economic value
of the community;
(8) Provide controls on sign proliferation to preserve community scenic, economic, and aesthetic
values; and
(9) Provide for the elimination of bi11board signs after a reasonable amortization period
recognizing that billboards affect the aesthetic value of the community thereby reducing property values
and impacting traffic safety because of the distraction that is created by large signage along public rights-
of-way. (Ord. No. 95-235, § 4,6-6-95; Ord. No. 99-348, § 5, 9-7-99; Ord. No. 99-357, § 5, 12-7-99)
22-1597 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
(1) Abandoned sign means any sign remaining in place after a sign has not been maintained for a
period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180
consecutive days.
@2004 Code Publishing Co.
Page]
---- -
EXHIBIT ---A--
PAGE----OF »-
(2) Administrator means the director of community development or his/her designated
representative.
(3) Animated or moving sign means any sign that uses movement, by either natural or mechanical
means, or change of lighting, either natural or artificial, to depict action to create a special effect or scene.
(4) Architectural embellishments - Signs means the aesthetic elements of the structure that
includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the
sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements
surrounding or supporting the sign.
(5) Awning means a shelter projecting from and supported by the exterior wall of the building
and, which is are constructed of a noncombustible framework and covered by a flexible or nonrigid
fabric. Awnings can be fixed, retractable, or collapsible. Any structure that extends above the adjacent
parapet or roof of a supporting building is not included within the definition of awning.
(6) Awning or canopy sign means a non-electric sign on the vertical surface or flap that is printed
on, painted on, or attached to an awning or canopy. Illumination for the awning or canopy shall be for
safety purposes only, and therefore, shall point toward the ground and not illuminate the canopy. (See
also "Marquee sign.")
.,.
, ~......"'-
... V'-
Figure 1- Å"'ning or Canopy Sign
(7) Balloon means a decorative inflatable device, generally composed of a thin layer of latex or
mylar, into which a gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere.
(See also "Inflatable advertising device.")
(8) Banner means a sign made of fabric or any nonrigid material with no enclosing framework.
(9) Billboard means permanent outdoor advertising off-site signs containing a message,
commercial or otherwise, unrelated to any use or activity on the subject property on which the sign is
located, but not including civic event signs, government signs, or instructional signs.
(10) Building-mounted signs means any sign attached to the facade or face of a building or
mansard roof including without limitation wall signs, marquee signs, under canopy signs and projecting
SIgnS.
(11) Cabinet sign means a sign constructed of a box, rigid material, or framework over or within
which is secured the sign copy, text graphics, or other sign elements. Cabinet signs may have either
interior or exterior illumination.
p
I
JÞ fir E
Figure 2 - Cabínet Sign
@2004 Code Publishing Co.
Page 2
EXHIBIT -A--
PAGE -'-OF.M-
.
(12) Canopy - Building means a rigid, multi-sided structure covered with fabric;' metal, or other
material and supported by a building at one or more points or extremities and by columns or posts
embedded in the ground at other points or extremities. Any structure which extends above any adjacent
parapet or roof of the supporting building is not included within the definition of a building canopy.
(13) Canopy - Freestanding means a rigid, multi-sided structure covered with fabric, metal, or
other material and supported by one or more posts embedded in the ground.
(14) Canopy sign. See "Awning or canopy sign."
(15) Center identification sign means a building-mounted or freestanding sign that identifies the
name and/or logo of a development containing more than one office, retail, institutional or industrial use
or tenant and which may separately identify the tenants.
(16) Changeable copy sign means a sign whose informational content can be changed or altered
(without changing or altering the sign frame, sign supports or electrical parts) by manual or electric,
electro-mechanical, or electronic means. A sign on which the message changes more than eight times a
day shall be considered an electronic changeable message sign and not a changeable copy sign for
purposes of this chapter. A sign on which the changing is an electronic or mechanical indication of time
and/or temperature shall be considered a "time and temperature" sign and not a changeable copy sign.
(17) City means the city of Federal Way, a Washington municipal corporation, unless the context
clearly indicates otherwise.
(18) Clearview zone means the definition set forth in FWCC 22 1511 22-1151 et seq. of this
Code for intersection sight distance requirements.
(19) Community service event or civic event means an event or gathering (such as a food fest,
concert, fun run, cultural exhibition, or charitable fund raising event) sponsored by a private or public
nonprofit organization. Sponsoring organizations can include, but are not limited to, schools, churches,
and/or civic fraternal organizations, theater and arts groups, and charitable organizations. The event may
not be primarily for the purpose of selling or promoting merchandise or services.
(20) Construction sign means a temporary sign identifying an architect, contractor, subcontractor,
and/or material supplier participating in construction on the property on which the sign is located.
Construction signs also include "Coming soon" and "Open During Construction" signs.
(21) Copy means the graphic content of a sign surface in either permanent or removable letter,
pictographic, symbolic, or alphabetic form.
(22) Directional sign, on-site means a sign giving directions, instructions, or facility information
and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit
or entrance signs).
(23) Electrical sign means a sign or sign structure in which electrical wiring, connections, or
fixtures are used.
(24) Electronic changeable message sign means an electronically activated sign whose message
content, either whole or in part, may be changed by means of electronic programming.
(25) Exposed building face means the building exterior wall of a single occupant building or the
building exterior wall of an individual tenant's leased space in a multi-tenant complex, including the
vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation for
building-mounted signs.
(26) Facade means the entire building front including the parapet.
(27) Festoons means a string of ribbons, tinsel, small flags, or pinwheels.
(28) Flag means any piece of cloth of individual size, color and design, used as a symbol, signal,
emblem or for decoration.
(29) Flashing sign means a sign when any portion of it changes light intensity, switches on and
off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of
electrical energy or illumination.
(30) Freestanding sign means a sign supported permanently upon the ground by poles, pylons,
braces or a solid base and not attached to any building. Freestanding signs include those signs otherwise
known as "pedestal signs," "pole signs," "pylon signs," and "monument signs."
@2004 Code Publishing Co.
Page 3
....... I
Sllrt
H8I ¡tII:
l
EXHIBIT ~
PAGE-'f-OF .1.1-
Sign
"'Ig~
Figure :3 -Freestanding Sign
(31) Frontage means the length of the property line along any public right-of-way on which it
borders.
(32) Frontage, building means the length of an outside building wall on a public right-of-way.
(33) Fuel price sign means a sign displaying the price of fuel for motorized vehicles.
(34) Graffiti means the inscription of symbols, works, or pictures by painting, spray painting or
other means of defacing public or private property.
(35) Grand opening means a promotional activity used by newly established businesses to inform
the public of their location and services available to the community. A grand opening does not mean an
annual or occasional promotion of retail sales or other services, and does not include a change in
ownership, remodeling, or other change incidental to the initial establishment of the business.
(36) Ground-mounted sign means a pedestal sign, pole, pylon, monument sign, or any sign
permanently affixed to the ground.
(37) Government sign means any temporary or permanent sign erected and maintained by any
city, public utility, county, state, or federal government for designation of or direction to any school,
hospital, hospital site, property, or facility, including without limitation traffic signs, directional signs,
warning signs, informational signs, and signs displaying a public service message.
(38) Height (of a sign) means the vertical distance measured from the highest point of the sign to
the grade of the adjacent street or the surface grade beneath the sign, whichever is less.
(39) Identification sign means a sign whose copy is limited to the name and address of a building,
institution, or person and/or to the activity or occupation being identified.
(40) Identification sign (subdivision) means freestanding or wall sign identifying a recognized
subdivision, condominium complex, or residential development.
(41) Illuminated sign means a sign with an artificial light source incorporated internally or
externally for the purpose of illuminating the sign.
(42) Incidental sign means a small sign, emblem, or decal informing the public of goods,
facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours of
business).
<92004 Code Publishing Co.
Page 4
EXH I B IT ..A-
PAGE-LOF 4-L
..
(43) Inflatable advertising device means an advertising device that is inflated by some means and
used to attract attention, advertise, promote, market, or display goods and/or services. These devices
include large single displays or displays of smaller balloons connected in some fashion to create a larger
display.
(44) Instructional sign means a sign which designates public information including, without
limitation, public restroom signs, public telephone signs, exit signs and hours of operation signs.
(45) Integral sign means a sign displaying a building date, monument citation, commemorative
inscription, or similar historic information.
(46) Kiosk means a freestanding sign, which may have a round shape or which may have two or
more faces and which is used to provide directions, advertising or general information.
(47) Maintenance means the cleaning, painting, and minor repair of a sign in a manner that does
not alter the basic design, size, height, or structure of the sign.
(48) Marquee sign means any sign attached to or supported by a marquee, which is a permanent
roof-like projecting structure attached to a building.
(49) Menu board means a permanently mounted sign advertising the bill of fare for a drive-in or
drive-through restaurant.
(50) Monument sign means a freestanding sign supported permanently upon the ground by a solid
base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured
concrete materials harmonious with the materials of the primary structure on the subject property. (See
drawing set forth in FWCC 22-1602(c)(2), Figure 8.)
(51) Multi-tenant complex means a complex containing two or more uses or businesses.
(52) Multiuse complex means the definition of "multiuse complex" set forth in FWCC 22-l.
(53) Mural means a design or representation that is painted or drawn on the exterior surface of a
structure and that does not advertise a business, product, service, or activity.
(54) Nameplate means a non-electric on-premises identification sign giving only the name,
address, and/or occupation of an occupant or group of occupants of the building.
(55) Neon (outline tubing) sign means a sign consisting of glass tubing, filled with neon gas, or
other similar gas, which glows when electric current is sent through it.
(56) Nonconforming sign means any sign, which was legally in existence on the effective date of
this Code, February 28. 1990, or on the effective date of annexation if located in areas annexed to the city
thereafter, but which does not complv with this article or any other sections of this Code.
(57) Notice of determination means the determination that the city issues as to whether a sign
conforms to this article and other sections of this Code.
~ ŒID Obsolete sign means a sign that advertises a product that is no longer made, a business
that is no longer in operation, or an activity or event that has already occurred, except for historical signs.
~ .Œ2.ì Off-site sign means a sign relating, through its message and content, to a business
activity, use, product, or service not available on the subject property on which the sign is located.
~ (60) On-site sign means a sign which contains only advertising strictly applicable to a lawful
use of the subject property on which the sign is located, including without limitation signs indicating the
business transacted, principal services rendered, and goods sold or produced on the subject property, or
name of the business and name of the person occupying the subject property.
fS9t {Ql} Person means any individual, corporation, association, firm, partnership, or other legal
entity.
~ {Q2} Pedestal means freestanding signs supported permanently upon the ground by a solid
base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured
concrete materials harmonious with the materials of the primary structure on the subject property. Such
base shall be equal to at least 50 percent of the sign width. (See drawing set forth in FWCC 22-
1602(c)(l), Figure 6.)
(6B (Ql) Point of purchase display or sign means an advertisement for an item accompanying its
display indicating only instructions and the contents or purpose of the item (e.g., an advertisement on a
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product dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.).
~ (64) Pole or pylon signs means freestanding signs supported permanently upon the ground
by poles or braces of materials such as brick, stucco, stonework, textured wood, tile or textured concrete
materials harmonious with the materials of the primary structure on the subject property and not attached
to any building. (See drawing set forth in FWCC 22-1602(c)(1), Figure 7.)
~ IDl Political signs means temporary signs advertising a candidate or candidates for public
elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot in
connection with local, state, or national election or referendum.
fé4j (66) Portable sign means any sign designed to be moved easily and not permanently affixed
to the ground or to a structure or building. Portable signs differ from temporary signs in that portable
signs are made of durable materials such as metal, wood, or plastic.
fé-A (§1) Pre-opening sign means a temporary sign which identifies a new business moving into a
new tenant space or building. The sign must include the name of the business and copy stating the
business will open soon (e.g., "Coming Soon..." "Opening Soon...", etc.).
~ íQID Private advertising sign means a temporary sign announcing an event, use or condition
of personal concern to the sign user including without limitation "garage sale" or "lost animal" signs.
~ (69) Private notice sign means a sign announcing a restriction or warning regarding the
subject property, such as, but not limited to, "no trespassing" or "beware of dog."
~ (70) Projecting sign means a sign, other than a flat wall sign, which is attached to and
projects from a building wall or other structure not specifically designed to support the sign.
DO
DO
0 0
I I
Fi{.:ure 4 - Projecting Sign
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fé9j .Ql) Public right-ol-way means land owned, dedicated or conveyed to the public, used
primarily for the movement of vehicles, wheelchair and pedestrian traffic and land privately owned, used
primarily for the movement of vehicles, wheelchair and pedestrian traffic, so long as such privately
owned land has been constructed in compliance with all applicable laws and standards for a public right-
of-way.
tm1 (72) Real estate, off-site sign means a portable or temporary sign announcing the proposed
sale of property other than the property upon which the sign is located and providing directions to the
subj ect property.
f+B ill} Real estate, on-site sign means a sign placed on the subject property and announcing the
sale or rental of the subject property.
(74) ReJ!istration sticker means the sticker that is assigned to a sign that has been inventoried and
has been determined to comply with this article and other sections of this Code.
~ (fl) Roof sign means any sign erected, constructed, or placed upon, over, or extends above
the ea'¡es or OF!. anv portion of the roof of a building or structure, excluding signs affixed to the vertical
face of a mansard or gambrel style roof, and which is ",¡holly or in part supported by the btÙlding in which
case a roof sign is any sign erected, constructed, or placed upon, over, or extends above the lowest
vertical section of a mansard or gambrel roof.
~ (76) Sign means any communication device, structure, fixture, or placard that uses colors,
words, letters, numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or written
copy for the purpose of:
(a) Providing information or directions; or
(b) Promoting, identifying, or advertising any place, building, use, business, event,
establishment, product, good, or service, and includes all supports, braces, guys, and anchors associated
with such sign.
Painted wall designs or patterns which do not represent a product, service, or registered
trademark, and which do not identify the user, are not considered signs. If a painted wall design or pattern
is combined with a sign, only that part of the design or pattern which cannot be distinguished from the
sign will be considered as part of the sign.
~ (77) Sign area means the entire area of a sign on which colors, words, letters, numbers,
symbols, graphics, graphic design, figures, logos, trademarks and/or written copy is to be placed,
excluding sign structure, architectural embellishments and framework. Sign area is calculated by
measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics,
letters, figures, symbols, trademarks, and/or written copy; provided, however, that individual letters,
numbers or symbols using a canopy, awning or wall as the background, without added decoration or
change in the canopy, awning or wall color, have sign area calculated by measuring the perimeter
enclosing each letter, number or symbol and totaling the square footage of these perimeters.
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Grace ry
I eftl«rta I_I rty . SIgn AI8B I
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Figure 5 - Calculating Sign Area
~ ŒID. Sign face means the area of a sign on which the colors, words, letters, numbers,
symbols, graphics, graphic design, figures, logos, trademark and/or written copy is placed.
(79) Sign inventory sticker means the sticker that is assigned to any sign after it has been
inventoried and determined to be a leg:al nonconforming: sign.
(80) Sign inventory sticker number means the inventory number that is assigned to a sign after it
has been inventoried and determined to be a legal nonconforming sign.
(81) Sign registration means the approval issued to any sign that has an approved sign permit and
that has passed all inspections required by the city, or is in conformance with the Code after an analysis
conducted as part of a sign inventory.
~ Œll Snipe sign means a temporary sign or poster posted on trees, fences, light posts or utility
poles, except those posted by a government or public utility.
f++J ŒIl Temporary sign means a sign not constructed or intended for long-term use.
f+8j (84) Tenant directory sign means a sign for listing the tenants or occupants and then suite
numbers of a building or center.
f7-9j .c.ru Time and temperature sign means any sign that displays the current time and
temperature, without any commercial message.
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f8(}j .ŒQ} Under canopy sign means any sign intended generally to attract pedestrian traffic'
suspended beneath a canopy or marquee which is at a 90-degree right angle to the adjacent exposed
building face and which contains no commercial messages other than the name of the business.
f8B .Œl} Vehicle sign means a sign temporarily affixed or attached to a parked vehicle for the
purpose of advertising a product or service, or providing directions to such products or services.
~ .ŒID Wall sign means either a sign applied with paint or similar substance on the surface of a
wall or a sign attached essentially parallel to and extending not more than 24 inches from the wall of a
building with no copy on the side or edges.
~ .Œ2} Warning sign means any sign which is intended to warn persons of prohibited activities
such as "no trespassing," "no hunting," and "no dumping."
~ (90) Window sign means all signs located inside and affixed to a window and intended to be
viewed from the exterior of the structure. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 99-348, § 5, 9-7-99; Ord. No.
99-357, § 5,12-7-99) .
22-1598 Scope.
This article applies to all existing signs and all signs erected, moved, relocated, enlarged, structurally
changed, painted, or altered after February 28, 1990, the date of incorporation, or after the effective date
of annexation if located in areas annexed to the city thereafter. and all sueh signs must comply '.'lith the
requirements of this ehapter. Any nonconforming sign shall be regulated pursuant to FWCC 22-335. (Ord.
No. 95-235, § 4, 6-6-95; Ord. No. 99-348, § 5, 9-7-99; Ord. No. 99-357, § 5, 12-7-99)
22-1599 Permits.
(a) Permit requirements. No sign governed by the provisions of this Code shall be erected, moved,
enlarged, altered or relocated by any person without a permit issued by the city unless such sign is
expressly excluded from this permitting requirement pursuant to subsection (d) of this section. An
applicant shall pay the permit fees set forth in the city's fee schedule. No new permit is required for signs
which have valid, existing permits and which conform with the requirements of this Code on the date of
its adoption unless and until the sign is altered or relocated. Signs which, on the date of adoption of this
Code, or date of annexation if located in areas annexed to the city thereafter, do not conform with this
Code's requirements may be eligible for characterization as legal nonconforming signs and for
noneonforming sign permits under FWCC 22-335.
(b) Permit applications. Applications for permits shall contain the name and address of the owner and
user of the sign, the name and address of the owner of the property on which the sign is to be located, the
location of the sign structure, drawings or photographs showing the design and dimensions of the sign,
details of the sign's proposed placement and such other pertinent information as the administrator may
require to insure compliance with this Code.
(c) Permit expiration and inspection. All sign permits expire one year from the date of issuance. If
no work was initiated to install or construct any part of the sign, the permit for such sign expires six
months from the date of issuance. All signs for which a permit was issued must receive a final inspection
for compliance with applicable requirements. It is the responsibility of the applicant to provide access for
inspection.
(d) Permit exceptions.
(1) Maintenance and operation. A sign permit is not required for maintenance of a sign or for
operation of a changeable copy sign and/or an electronic changeable message sign.
(2) Exempt signs. A sign permit is not required for the following signs or modifications to signs;
provided, however, that such signs shall comply with all of the following requirements:
a. Address identification with numbers and letters not more than 10 inches in height.
b. Balloons no greater than 18 inches in diameter and no more than five balloons per display
with a tether no longer than 36 inches. No more than two displays are permitted per site.
c. Barber poles.
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d. Construction signs, so long as such signs are limited to two signs per project and each sign
does not exceed 32 square feet per sign face and 10 feet in height. Construction signs shall not be
displayed prior to issuance of a building permit and shall be removed prior to the issuance of a certificate
of occupancy. One "Coming Soon" or "Open During Construction" sign per site entrance is also
permitted.
e. Directional signs, on-site. Each sign shall not exceed four square feet in sign area if the
directional sign is indicating one direction and shall not exceed eight square feet in sign area if such sign
is indicating more than one direction. Each sign may be no more than five feet in height. No more than
two signs per street frontage are permitted for multi-tenant complexes. Single-tenant properties shall be
reviewed on a case-by-case basis. Center or complex names or logos shall not comprise more than 20
percent of the total sign area.
£. Flags of any nation, government, educational institution, or noncommercial organization.
Decorative flags without corporate logos or other forms of advertising are also excluded from permit
requirements. All flags must be a minimum size of five square feet unless it is a national or state flag and
the official national or state flag is less than five square feet in size but not larger than 40 square feet in size.
g. Fuel price signs. Signs shall be located on the property where fuel is sold, shall be limited
to one monument sign per street frontage not exceeding five feet in height and sign area shall not exceed
20 square feet per sign face.
h. Gravestones or other memorial displays associated with cemeteries or mausoleums.
i. Historical site plaques and signs integral to an historic building or site.
j. Holiday decorations displayed in conjunction with recognized holidays.
k. Incidental signs attached to a structure or building, providing that the total of all such signs
per use or business shall not exceed two square feet.
1. Instructional signs that do not exceed six square feet in area per sign face.
m. Integral design features when such features are an essential part of the architecture of a
building (including religious symbols) and when such features do not represent a product service, or
registered trademark.
n. Integral signs when no more than one per building.
o. Interior signs located completely within a building or structure and not intended to be
visible from outside the structure, exclusive of window signs.
p. Menu board not to exceed 32 square feet per sign face and a maximum height of five feet
(two permitted per site).
q. Nameplates not to exceed two square feet per sign face.
r. Nonblinking small string lights which are part of decoration to be used in association with
landscaped areas and trees.
s. Point of purchase displays. Point of purchase signs are limited to two square feet in area
and one sign per point of purchase. Such signs shall only display instructional or price information and
shall not include copy pertaining to any special sale or promotion. Point of purchase display signs shall be
permitted in conjunction with an outdoor use, activity, or storage as authorized under Article II, Division
8 ofthis chapter.
t. Political signs so long as the maximum area per sign is limited to six square feet. No
political sign shall be displayed later than seven calendar days after a final election.
u. Private advertising signs. The sign shall be limited to eight square feet per sign face and
five feet in height, the sign must be immediately removed at the end of an event, use or condition, the sign
must contain the address of the event or advertiser, and there shall be no more than six such signs
advertising an event.
v. Private notice signs.
w. Real estate signs.
1. Off-site. The number of off-site real estate signs shall be limited to six per property per
agent; provided, however, that there shall be a minimum separation of 200 lineal feet between such signs.
The area of such signs shall be no greater than six square feet per sign face. All off-site real estate signs
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must be removed each day at the conclusion of the open house or other sales event and are permitted only
between sunrise and sunset when the seller or the agent are in attendance at the subject property.
2. On-site. The number of on-site real estate signs shall be limited to one per agent per
street frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign shall
be no greater than six square feet per sign face. For other uses and developments, the size shall not exceed
32 square feet per sign face. All on-site real estate signs must be removed when the sale closes, or in the
case of a rental or lease, when the tenant takes possession.
x. Temporary business signs for temporary business defined by FWCC 9-386; provided,
however, that each licensed temporary business is only allowed two signs of 16 square feet per sign face.
If only one sign is used, that sign may be 32 square feet per sign face.
y. Under canopy signs not exceeding the width of the canopy and eight square feet in size;
and provided, that a minimum separation exists between such signs equal to 20 lineal feet or more.
z. Warning signs.
aa. Window signs not exceeding 25 percent of the window area only to advertise products,
goods or services for sale on site, business identification, hours of operation, address, and emergency
information.
(e) Temporary and special signs. No permit for any sign for any civic event, community service
event, special sale/promotional event, grand openings, mural display or scoreboards shall be HSed issued
unless such sign complies with the sign type, maximum number, maximum sign face area, maximum
height, location, duration and all other allowances and limitations for those uses described in Table 1,
"Allowances for Temporary and Special Signs - Permit Required."
(f) Government signs. The allowable Ioeation, !Yill:,. number, sign area, height, location, and content
of signs used to identify government facilities in residential zones must comply with Table 2, "Sign
Allowances for Residential Zones - Permit Required." government faeilities ffiI:lst comply ",¡¡tA the
staHda-rds for eommercial sigHs in that zone and be appropriate to the use. Signs for government facilities
in non-residential zones must comply with the requirements of FWCC 22-1601. All signs must be
approved by the city. Street and traffic signs are excluded from these requirements.
(g) Residential zone signs. No permit in any residential zone shall be issued for any sign unless such
sign complies with the sign type, maximum number, maximum sign area, maximum height, location,
duration and all other allowances and limitations for those uses described in Table 2, "Sign Allowances
for Residential Zones - Permit Required."
(h) Sign registration. No person shall maintain a sign in the city without first having been issued a
proper and current sign registration or a sign inventory sticker, unless the sign is expressly exempt from
sueh registration permit requirements. All signs exempt from the permitting requirements set forth in this
section shall be exempt from the registration requirements, or from having to obtain a sign inventory
sticker. However, exempt signs must still be reviewed to ensure conformance with this article. The sign
registratien shall be issued in eonnection with a person's business registration plH"suant to FWCC 9 29 or
issued after the eity has independently obtaiHed the dimensions of the sign and other neeessary
information. Sign owners or users who, en the date of adeption of this Code, have eurrent business
registrations Me not required to apply to register their signs until the next renewal of their business
registration. A sign registratiqn shall be valid until such time as the applicant alters the sign in any way, in
which case the applicant will be required to apply for a new sign registration and sign permit. No permit
fees v¡¡ll be charged in eonneetion with such sign registrations. The eity will assign a registration n\:imÒer
to eaeh sign upon issuanee of the business registration and approval of a sign registration application. The
city shall affix the registration sticker containing the registration number to the face of the permitted sign.
Upon issuance of a registration, For signs located in areas annexed to the city, the city will issue a Notice
of Determination advise an applieant ifhislher as to whether the sign is in compliance with this Code, is a
legal nonconforming sign pursuant to FWCC 22-335, or an illegal nonconforming sign pursuant to this
Code.
(i) Bond. The city may require a bond under FWCC 22-146 et seq. to ensure compliance with any
aspect of this article.
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Table 1
Allowances for Temporary and Special Signs - Permit Required
Sign Purpose/ Applicable Sign Type Allowed Maximum Maximum Sign Area Maximum Location Remarks
Descrivtion Zones Number Heif!ht
Civic event or A1I Wall-mounted Handled on a Off-site signs, excluding wa1l- Five feet except On site and off 30 days prior to the
community service banners, temporary case-by-case mounted banners, may be no wa1l-mounted site event. Remove within
event (temporary) portable signs, basis larger than six square feet per signs five days of the close of
inflatable advertising face. On site signs and wa1l- the event
devices, search lights mounted banners may be no
and beacons larger than 32 square feet per
face
Civic event or A1I Freestanding One per site The total sign area of Monument Non-residential Electronic changeable
community service monument or wa1l freestanding monument signs signs: six feet. zones: on/off site. message signs a1l0wed.
event (permanent) sign shall not exceed 64 square feet Freestanding Residential zones: Signs cannot contain
for the total of a1l faces and no signs: 12 feet. on site only commercia] messages
one face shall exceed 32 Wa1l signs shall
square feet. Wa1l signs sha1l not project
not exceed seven percent of above the
the exposed building face to roofline
which it is attached
Special salel Non- Banners only Handled on a Handled on a case-by-case Handled on a On site. Banners Special promotions: 90
promotional event (e.g., residential case-by-case basis case-by-case must be attached days total per calendar
anniversary sale, etc.) zoning basis basis to an exposed year. No more than four
districts building face events per year. Does not
include window signs
Grand openings Non- Banners, temporary Handled on a Handled on a case-by-case Handled on a On site. Banners Grand openings: 30 days.
residential portable signs, case-by-case basis case-by-case must be attached Event must occur within
zoning inflatable advertising basis basis to an exposed 60 days of occupancy
districts devices, search lights building face
and beacons
Mural display Non- Painted mural Handled on a Handled on a case-by-case Handled on a Handled on a
residential case-by-case basis case-by-case case-by-case
zoning basis basis basis
districts
Scoreboards(athletic A1I Electronic changeable Handled on a Handled on a case-by-case Handled on a Handled on a
fields) message sign case-by-case basis case-by-case case-by-case
basis basis basis
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Table 2
Sign Allowances for Residential Zones - Permit Required
Residential Zones = Suburban Estates (SE), Single-Family (RS), Multifamily Residential (RM)
Land Use Applicable Sign Type Maximum Maximum Maximum Height Location Remarks
Zone Allowed Number Sixn Area
Institutional SE, RS, RM Canopy sign One sign for each The total sign area of Wall and canopy Subject property: Internally illuminated signs are not
.Govt. facility Monument sign public entrance monument signs shall not signs: cannot project setback five-foot allowed; provided, however, that
.Public park Pedestal sign providing direct exceed 64 square feet for the above the rootline. minimum electronic changeable message signs
.Public utility Wall sign vehicle access total of all faces and no one Monument signs: six and changeable copy signs are allowed.
.School face shall exceed 32 square tèet. Pedestal sign: 12 City may impose additional limitations
feet. Wall signs and canopy feet on signs to be compatible with nearby
signs shall not exceed seven residential areas
percent of the exposed building
face to which it is attached
Recreation SE, RS, RM Canopy sign One sign for each The tota] sign area of Wall and canopy Subject property: Internally illuminated signs are not
. Golf course Monument sign street frontage monument signs shall not signs: cannot project setback five-foot allowed; provided, however, that the
. Recreation area Pedestal sign providing direct exceed 64 square feet for the above the rootline. minimum electronic changeable message signs
or clubhouse Wall sign vehicle access total of all faces and no one Monument signs: six and changeable copy signs are allowed.
. Sports field - face shall exceed 32 square feet. Pedestal sign: 12 City may impose additional limitations
Private, non- feet. Wall signs and canopy feet on signs to be compatible with nearby
commercial signs shall not exceed seven residential areas
percent of the exposed building
face to which it is attached
Residential dwelling SE, RS, RM Monument sign One per dwelling Two square feet Wall and canopy Subject property: Commercial messages not allowed.
units Wall sign unit signs: cannot project setback five-foot Internally illuminated or electrical signs
above the rootline. minimum not allowed
Monument signs: five
feet
Subdivision SE, RS, RM Monument sign Two per major Two signs per entrance totaling Wall and canopy Subject property Commercial messages not allowed.
identification Pedestal sign entrance no more than 50 square feet. No signs: cannot project Internally illuminated or electrical signs
Pole sign one sign may be more than 32 above the rootline. not allowed. Signs may be included as
Pylon sign square feet Monument, pedestal, part of a fence or other architectural
Wall sign pole or pylon signs: feature
five feet
Manufactured home RS,RM Monument sign Two per major 32 square feet per entrance. Wall and canopy Subject property: Commercial messages not allowed.
park identification Wall sign entrance Wall signs and canopy signs signs: cannot project setback five-foot Internally illuminated or electrical signs
shall not exceed seven percent above the rootline. minimum not allowed
of the exposed building face to Monument signs: five
a maximum of 100 square feet feet
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Land Use Applicable Sign Type Maximum Maximum Maximum Height Location Remarks
Zone Allowed Number Sivn Area
Multifamily RM,RS Monument sign Two per major 32 square feet per entrance. Wall and canopy Subject property: Commercial messages not allowed.
complex Wall sign entrance Wall signs and canopy signs signs: cannot project setback five-foot Phone numbers are permitted on wall-
identification shall not exceed seven percent above the roofline. minimum mounted signs when not facing another
of the exposed building face to Monument signs: five residential use. Internally illuminated or
a maximum of 100 SQuare feet feet electrical signs not allowed
Unique SE,RS Handled on a Handled on a Handled on a case-by-case Handled on a case- Handled on a Handled on a case-by-case basis
Cemetery case-by-case basis case-by-case basis by-case basis case-by-case
basis basis
Day care or pre- SE, RS, RM Canopy sign One freestanding Wall or canopy signs may not Five feet Subject property: Electronic changeable message signs
school, excluding Monument sign sign per street exceed seven percent of the setback five-foot and changeable copy signs are allowed.
Class II home Wall sign frontage exposed building face to which minimum City may impose additional limitations
occupations the sign is attached to a on signs to be compatible with nearby
maximum of 50 square feet. residential areas
The total sign area for
monument signs may not
exceed 20 square feet per sign
face. A day care or pre-school
that is part of a church or
synagogue may add 20 square
feet per face to an existing
monument sign associated with
the church or svnal!ol!ue
Church, synagogue, SE, RS, RM Canopy sign One sign for each The total sign area of Wall and canopy Subject property: Electronic changeable message signs
or other place of Monument sign street frontage monument signs shall not signs: cannot project setback five-foot and changeable copy signs are allowed.
worship Wall sign providing direct exceed 64 square feet for the above the roofline. minimum City may impose additional limitations
vehicle access total of all faces and no one Monument signs: five on signs to be compatible with nearby
face shall exceed 32 square feet residential areas
feet. Wall signs and canopy
signs shall not exceed seven
percent of the exposed building
face to which it is attached
COrd. No. 99-348, § 5, 9-7-99; Ord. No. 99-357, § 5,12-7-99)
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22-1600 Prohibited signs.
The following signs or displays are prohibited in all zones within the city. Prohibited signs
are subject to removal by the city at the owner's or user's expense pursuant to FWCC 22-1604:
(1) Abandoned or obsolete signs.
(2) Animated or moving signs.
(3) Banners, except as expressly allowed pursuant to Table 1 and FWCC 22-
1599(d)(2)(f).
(4) Billboards.
(5) Dilapidated, nonmaintained signs.
(6) Flashing signs, except electronic changeable message signs or changeable copy signs.
(7) Graffiti.
(8) Inflatable advertising devices, except as expressly allowed in FWCC 22-1599(e).
(9) Mylar balloons.
(10) Obstructing signs which obstruct or interfere with free access to or egress from a
required exit from a building or structure.
(11) Off-site signs except those expressly allowed in this chapter.
(12) Pennants, streamers, ribbons, spinners, whirlers, propellers, festoons, blinking lights,
or similar items that attract attention through movement, reflection or illumination unless
expressly allowed pursuant to Table 1 of this article.
(13) Portable signs except as expressly allowed in FWCC 22-1599(d)(2).
(14) Real estate signs providing information other than the name of the development and
that the subject property is for sale, lease or' rent, such as signs which only announce the features
or amenities of the subject property (i.e., features such as indoor pool, hot tub, fireplaces,
skylights, covered parking, free cable, laundromat services, community centers, etc.).
(15) Right-of-way signs including any sign in a public right-of-way except governmental
SIgnS.
(16) Roof sign§.
(17) Simulations of traffic signs. Any sign using the words "stop," "look," or "danger," or
any other words, symbols, or characters in such a manner as to interfere with, mislead, or confuse
pedestrian or vehicular traffic.
(18) Snipe signs.
(19) Vehicle signs including any sign attached to, or placed on, a parked vehicle or trailer
used principally for advertising purposes, rather than transportation, but excluding signs relating
to the sale, lease, or rental of the vehicle or trailer and excluding signs which identify a firm or its
principal product on a vehicle operated during the normal course 'ofbusiness. (Ord. No. 95-235, § 4,
6-6-95; Ord. No. 99-348, § 5,9-7-99; Ord. No. 99-357, § 5,12-7-99)
22-1601 Signs in nonresidential zoning districts.
(a) Freestanding signs. Permit applications for freestanding signs shall be designated as
qualifying for a high profile, medium profile or low profile sign, based upon criteria regarding
both the size and zoning designation of the development. The sign profile designation shall
control the sign types, sign height, sign area and number of signs allowed.
Separate parcels or pads for single-tenant buildings that comply with all zoning requirements
for single-tenant parcels, excluding access, and are not otherwise tied to an adjacent multi-tenant
center by virtue of architectural style or theme, are permitted one freestanding monument or
pedestal sign not to exceed a maximum sign area of 80 square feet for the total of all sign faces
with no one sign face exceeding 40 square feet.
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(1) High profile sign.
a. Criteria. A subject property meeting all of the following criteria is pennitted a high
profile freestanding sign:
1. A minimum of 250 feet of frontage on one public right-of-way;
2. A zoning designation of city center core (CC-C) or city center frame (CC-F),
or community business (BC);
3. A multiuse complex; and
4. A minimum site of 15 acres in size.
b. Sign types. The following sign types are allowed for a high profile sign:
1. Pylon or pole signs; provided, however, that any pylon or pole sign must have
more than one pole or structural support;
2. Pedestal signs;
3. Monument signs;
4. Tenant directory signs; and
5. Kiosks.
Sign content for any pylon or pole sign, or for any pedestal or monument sign in lieu of a
pylon or pole sign, may include electronic changeable messages, center identification signs and/or
changeable copy signs. Any high profile sign may be an electrical sign, an illuminated sign,
and/or a neon sign.
c. Sign height. A high profile sign shall not exceed the following maximum heights:
1. Pylon or pole sign: Twenty-five feet;
2. Pedestal or monument signs: Twelve feet if in lieu of a pylon or pole sign.
Otherwise, pedestal and monument signs shall not exceed five feet;
3. Tenant directory or kiosk signs: Six feet unless the sign is set back a minimum
of 50 feet from any public right~of-way, in which case it may be 10 feet.
d. Sign area. A high profile sign shall not exceed the following maximum sign areas:
1. Pylon or pole sign: 400 square feet for the total of sign faces with no one sign
face exceeding 200 square feet;
2. Pedestal or monument signs: 128 square feet for the total of all sign faces with
no one face exceeding 64 square feet;
3. Tenant directory or kiosk signs: 15 square feet per sign face.
e. Number of signs. A subject property qualifying for a high profile sign may have the
following maximum number of signs:
1. Pylon or pole sign: One sign unless the subject property has an additional 500
feet of street frontage for a total of 750 feet of aggregate frontage on any public rights-of-way, in
which case the subject property will be allowed one additional high profile sign, not to exceed a
maximum of two such signs per subject property;
2. Pedestal or monument signs: If the pedestal or monument sign is in lieu of a
pylon or pole sign, the number of signs allowed shall be determined pursuant to subsection (e)(l)
of this section. In addition, two monument signs which identify the name of any multiuse
complex are allowed, per entrance from a public right-of-way, not to exceed five feet in height;
and
3. Tenant directory or kiosk signs: One sign per frontage on a public right-of-
way.
(2) Medium profile sign.
a. Criteria. A subject property that does not qualify for a high profile sign pursuant to
subsection (a)(1) of this section and is not a low profile sign by being zoned office park (OP) or
professional office (PO) pursuant to subsection (a)(3) of this section is pennitted a medium
profile freestanding sign.
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b. Sign types. The following sign types are allowed for a medium profile sign:
1. Pedestal signs; and
2. Monument signs.
Sign content for any medium profile sign may include electronic changeable messages, center
identification signs and/or changeable copy signs. Any medium profile sign may be an electrical
sign, an illuminated sign, and/or a neon sign.
c. Sign height. The height of a medium profile sign shall be calculated at the rate of
0.75 feet in the sign height for every 10 lineal feet of frontage on a public right-of-way; provided,
however, that sign height shall be calculated at the rate of one and one-half feet in sign height for
every 10 lineal feet of frontage on a public right-of-way for any multi-tenant complex; and
provided further, that such sign shall not exceed a maximum height of 12 feet and every applicant
is entitled to a minimum height of five feet.
d. Sign area. For any multi-tenant complex, sign area allowed for a medium profile
signs shall be calculated at the rate of two square feet per lineal foot of frontage on a public right-
of-way not to exceed a maximum sign area of 128 square feet for the total of all sign faces on
each permitted sign with no one sign face exceeding 64 square feet. For other uses, sign area
allowed for medium profile sign shall be calculated at the rate of one square foot per lineal foot of
frontage on a public right-of-way not to exceed a maximum sign area of 80 square feet for the
total of all sign faces on each permitted sign with no one sign face exceeding 40 square feet.
Notwithstanding the foregoing sign area calculations, every applicant is entitled to a minimum
sign area of 50 square feet for the total of all si.gn faces with no one sign face exceeding 25 square
feet.
e. Number of signs. A subject property qualifying for a medium profile sign may
have one pedestal or monument sign for each street frontage. Each street frontage exceeding 300
linear feet and containing more than one vehicular access is permitted one additional freestanding
sign. No subject property may contain more than three freestanding signs regardless of total linear
street frontage and no one street frontage may have more than two freestanding signs.
Freestanding signs shall be located a minimum distance of 200 feet from other freestanding signs
on the same subject property.
(3) Low profile sign.
a. Criteria. A subject property located in the office park (OP) or professional office
(PO) zone is permitted a low profile freestanding sign.
b. Sign types. The following sign types are allowed for a low profile sign:
1. Pedestal signs;
2. Monument signs; and
3. Tenant directory signs.
Sign content for any pedestal or monument sign may include center identification signs
and/or changeable copy signs. Any low profile sign may be an electrical sign, an illuminated sign,
and/or a neon sign.
c. Sign height. A low profile sign shall not exceed the following maximum heights:
1. Pedestal or monument signs: Five feet.
2. Tenant directory signs: Six feet unless the sign is set back a minimum of 50
feet from any public right-of-way, in which case it may be 10 feet.
d. Sign area.
1. Pedestal or monument signs: Sign area allowed for a low profile sign shall be
calculated at the rate of one square foot per lineal foot of frontage on a public right-of-way;
provided, however, that a low profile sign shall not exceed a maximum sign area of 80 square feet
for the total of all sign faces on each permitted sign with no one sign face exceeding 40 square
feet, and every applicant is entitled to a minimum sign area of 50 square feet for the total of all
sign faces with no one sign face exceeding 25 square feet;
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2. Tenant directory signs: 15 square feet per sign face.
e. Number of signs. A subject property qualifying for a low profile sign may have the
following maximum number of signs:
1. Pedestal or monument signs: One sign per frontage on a public right-of-way;
and
2. Tenant directory signs: One sign per frontage on a public right-of-way.
(4) Combined sign package for adjacent property owners. The owners of two or more
properties that abut or are separated only by a vehicular access easement or tract may propose a
combined sign package to the city. The city will review and decide upon the proposal using
process III. The city may approve the combined sign package if it will provide more coordinated, .
effective and efficient signs. The allowable sign area, sign type, sign height and number of signs
will be determined as if the applicants were one multi-tenant complex.
(b) Building-mounted signs.
(1) Sign types. The following sign types may be building-mounted signs and are allowed
in all nonresidential zoning districts:
a. Awning or canopy signs;
b. Center identification signs;
c. Changeable copy signs;
d. Civic event signs;
e. Directional signs, on-site;
f. Electronic changeable message signs;
g. Instructional signs;
h. Marquee signs;
i. Projecting signs;
j. Tenant directory signs;
k. Time and temperature signs;
1. Under canopy signs; and
m. Wall-mounted signs.
Any building-mounted sign may be an electrical sign, an illuminated sign, and/or a neon sign.
(2) Sign height. No sign shall project above the roofline of the exposed building face to
which it is attached.
(3) Sign area. The total sign area of building-mounted signs for each business or tenant,
excluding under canopy signs, shall not exceed seven percent of the exposed building face to
which it is attached; provided, however, that no individual sign shall exceed a sign area of 240
square feet and every applicant is entitled to a minimum sign area of 30 square feet. A multi-
tenant complex, which does not use a freestanding sign, may have two additional wall-mounted
signs. No one sign may exceed seven percent of the exposed building face to which it is attached,
to a maximum of 240 square feet per sign. This sign is in addition to any other tenant signs on
that building face.
(4) Number of signs. The number of building-mounted signs permitted each user is
dependent upon the surface area of the largest single exposed building face of his or her building
as follows, excluding wall-mounted center identification signs:
Largest Exposed Maximum
BuildinJ; Face Number of SiJ;ns
Less than 999 sq. ft. 2
1,000 - 2,999 sq. ft. 3
3,000 - 3,999 sq. ft. 4
4,000 and over sq. ft. 5
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Buildings with more than 4,000 square feet on any exposed building face, with several clearly
differentiated departments, each with separate exterior entrances, are permitted one sign for each
different department with a separate exterior entrance, in addition to the five permitted.
No sign or signs may exceed the maximum area permitted for that building face except as
may be specifically permitted by this code. However, an applicant is allowed to move allotted
signs, as calculated in subsection (b)(4) from one building face to another.
Each business or use shall be permitted under canopy signs in addition to the other permitted
building-mounted signs subject to the size and separation requirements set forth in FWCC 22-
1599(e)(2)(w) 1 599(d)(2)(w).
(c) Sign area multipliers. The sign area and sign number allowed, as set forth in subsection
(a)(l)(d) and (a)(1)(e) of this section for high profile signs, (a)(2)(d) and (a)(2)(e) of this section
for medium profile signs, and (a)(3)(d) and (a)(3)(e) of this section for low profile signs and
subsection (b )(3) for building-mounted signs may be increased in the following instances;
provided, however, that in no event shall the sign exceed the maximum sign area allowed:
(1) If no signs on the subject property have internally lighted sign faces, then the total
sign area allowed may be increased by 25 percent.
(2) If all signs, other than center identification signs, are building-mounted signs, the total
sign area allowed may be increased by 25 percent.
(3) A time and temperature sign may be included with any sign and such time and
temperature signs shall not be included for purposes of calculating maximum sign area or
maximum number of signs. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 96-270, § 3(F), 7-2-96; Ord. No. 99-
348, § 5,9-7-99; Ord. No. 99-357, § 6,12-7-99)
22-1602 Construction standards.
(a) Structural components. To the maximum extent possible, signs should be constructed and
installed so that angle irons, guy wires, braces and other structural elements are not visible. This
limitation does not apply to structural elements that are an integral part of the overall design such
as decorative metal or wood.
(b) Sign setback requirements. The required setback from the property lines for all signs
shall be not less than five feet from the subject property line in residential zones and not less than
three feet from the subject property line in all other zones.
(c) Dimensional and design standards.
(1) Pedestal, pole or pylon signs. The following drawings illustrate the dimensional
standards for pedestal, pole or pylon signs:
== c:-
... ....
.... .....
Figure 6 - T)'pe A Pt'<iestal
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A 2:: 50% ofB
A 2:: 50% ofD
B = Height of sign (maximum height - FW CC 22-1601)
C 2::20% ofB
I aGN~ I
E
1
=~
.. ...
--- ~
~It
,......"", &-1-
F'igure 1 ~ T)'pcB Pok or Pylon Sign
B = Height of sign (maximum height - FWCC 22-1601)
C 2:: 20% of B
E 2:: 4 inches
(2) Monument signs. The following figures illustrate the dimensional standards for
monument signs:
8
1
Figl.rt8 - !\'1c:lDument Sign
A: Maximum height of sign per FWCC 22-1601
B: Maximum = 200% of A
C: Minimum = 20% of A
D: Equal to 100% ofB
(3) Design criteria.
a. Sign base. The base of the sign must be done in landscape construction materials
such as brick, stucco, stonework, textured wood, tile or textured concrete or materials that are
hannonious with the character of the primary structures on the subject property and s.ubject to the
administrator's approval. No visible gap shall be allowed between the sign base and the finished
grade or between the sign face or cabinet and the sign base.
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b. Sign face. The color, shape, material, lettering and other architectural details of the
sign face must be harmonious with the character of the primary structure.
(4) Minor deviations. Minor deviations from the dimensional standards for signs, except
for maximum sign height, may be approved by the administrator if he or she concludes that the
resulting sign does not significantly change the relative proportion of the sign base to the sign
face.
(d) Location. No sign shall be so located so as to physically obstruct any door or exit from a
building. No sign shall be located so as to be hazardous to a motorist's or pedestrian's ingress or
egress from buildings or parking areas. No sign shall be located within the clearview zone.
(e) Landscaping around freestanding signs. To improve overall appearance of the sign and
to reduce the risk of motor vehicles hitting the sign or supports of the sign, an area adjacent to the
base of each freestanding sign must be landscaped equal to the sign area; provided, however, that
the city will not require more than 200 square feet of landscaped area. This landscaping must
include vegetation and may include other materials and components such as brick or concrete
bases as evidenced in plazas, patios and other pedestrian areas, planter boxes, pole covers or
decorative framing.
Landscaping can include evergreen shrubs, deciduous shrubs. vines, and groundcover or
grasses. If low shrubs and groundcover are to be used, Af!t the time of planting, a minimum of 50
percent of the required landscaped area should be planted with low shrubs and groundcover such
that within two years, 90 percent of the landscaped area is covered. Sueh plantings ean ineludc,
but are not limited to, evergreen shrubs, dceiduous shrubs, vines, and groundeover or grasses. If
all grasses are to be used, the landscaped area must be covered 100 percent at time of planting.
Low maintenance plantings are recommended.
Alternative landscape plans may be submitted in writing and will be reviewed on a case-by-
case basis. These may include, but are not limited to, existing plantings in the area of the sign or
landscaping required to be provided under Article XVII, Landscaping, of this chapter.
(f) Illumination limitations of electrical signs (does not apply to neon signage). No sign
may contain or utilize any of the following:
(1) Any exposed incandescent lamp with a wattage in excess of25 watts.
(2) Any exposed incandescent lamp with an internal or external reflector.
(3) Any continuous or sequential flashing device or operation.
(4) Except for electronic changeable message signs, any incandescent lamp inside an
internally lighted sign.
(5) External light sources directed towards or shining on vehicular or pedestrian traffic or
on a street.
(6) Internally lighted signs using 800-milliamp or larger ballasts if the lamps are spaced
closer than 12 inches on center.
(7) Internally lighted signs using 425-milliamp or larger ballasts if the lamps are spaced
closer than six inches on center.
(8) All illumination for externally illuminated signs must be aimed away from nearby
residential uses and on-coming traffic.
(g) Setback and distance measurements. The following guidelines shall be used to determine
compliance with setback and distance measurements:
(1) The distance between two signs shall be measured along a straight horizontal line that
represents the shortest distance between the two signs.
(2) The distance between a sign and a property line shall be measured along a straight
line representing the shortest distance between the sign and the property line. (Ord. No. 95-235, § 4,
6-6-95; Old. No. 99-348, § 5,9-7-99; Old. No. 99-357, § 5, 12-7-99)
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22-1603 Variance from sign code.
(a) Scope. This section establishes the procedure and criteria the city will use in making a
decision upon an application for a variance from the provisions of this sign code.
(b) Required review process. The city will review and decide upon applications for a variance
to any of the provisions of this article using process IV, Article VII of this Code.
(c) Criteria. The city may grant the variance only if it finds all of the following:
(1) The literal interpretation and strict application of the provisions and requirements of
the sign regulations would cause undue and unnecessary hardship because of unique or unusual
conditions pertaining to the specific building, parcel or subject property;
(2) A sign package consistent with the provisions of this article would not provide the use
or the business with effective signs;
(3) The variance is necessary because of special circumstances relating to the size, shape,
topography, location or surroundings of the subject property to provide it with use rights and
privileges permitted to other properties in the vicinity and zone in which the subject property is
located;
(4) The variance is not granted for the convenience of the applicant or for the
convenience of regional or national businesses which wish to use a standard sign;
(5) The special circumstances of the subject property are not the result of the actions of
. the applicant, the owner of the property or a self-induced hardship; and
(6) The granting of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and in the zone in which the subject
property is located.
(d) Conditions and restrictions. As part of any variance approval of a request under this
section, the city may impose any conditions, limitations or restrictions it considers appropriate
under the circumstances. This may include, but is not limited to, requiring that the owner of the
subject property sign a covenant or other written document to be filed with the county to run with
the property by which, at a time certain or upon specific events, the signs on the subject property
would be brought into compliance with all applicable city regulations then in effect. The city may
also require a performance bond under FWCC 22-1599(i) to insure compliance with any such
condition or restriction. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 97-291, § 3,4-1-97; Ord. No. 99-348, §
5,9-7-99; Ord. No. 99-357, § 5,12-7-99)
22-1604 Compliance and enforcement.
(a) Compliance with other applicable codes. All signs erected or altered under this article
must comply with all applicable federal, state and local regulations relating to signs, including
without limitation the provisions of the International Building Code and the National Electric
Code as Unifürm Sign Code adopted in FWCC 5 2& I and the Uniform BuiMing Code adopted in
FWCC 5-66 by the city. If any provision of this Code is found to be in conflict with any provision
of any zoning, building, fire, safety or health ordinance or code of the city, the provision which
establishes the higher standard shall prevail.
(b) Sign maintenance. All signs must be kept in good repair and in a safe manner at all times.
The property owner must repair damaged or deteriorated signs within 30 days of notification by
the city. The area surrounding freestanding signs must be kept free of litter and debris at all times.
(c) Administrative fee. All signs removed by the city shall be available for recovery by the
owner of such sign for a period of two weeks, after which they will be destroyed. Recovery of
any sign removed by the city shall be subject to payment of an administrative fee to partially
cover the city's cost in removing and storing the sign as follows:
(1) First violation fee: $5.00 per sign.
(2) Subsequent violations fee: $7.00 per sign.
The city shall not be responsible for damages or loss during removal or storage of any signs.
This administrative fee shall be in addition to any civil penalty imposed pursuant to this chapter.
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(d) Civil enforcement. Civil enforcement of the provisions of this article and the tenus and
conditions of any pennit or approval issued pursuant to this article shall be governed as set forth
below, and by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in
addition to, and does not limit any other fonns of enforcement available to the city including, but
not limited to, criminal sanctions as specified herein or Chapter 1 FWCC, Articles II and III,
nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or
discourage unlawful acts in violation of this article.
(e) Reserved.
(f) Inspection. The administrator is empowered to enter or inspect any building, structure or
premises in the city, upon which, or in connection with which a sign is located, for the purpose of
inspection of the sign, its structural and electrical connections, and to insure compliance with the
provisions of this Code. Such inspections shall be carried out during business hours, unless an
emergency exists.
(g) Abatement by the city.
(1) Authority to remove sign. As part of any abatement action under Chapter 1 FWCC,
Article III, the city or its agents may enter upon the subject property and cause any sign which
violates the provisions of the sign code to be removed at the expense of the owner, tenant, lessee
or occupant, either jointly or severally. In addition to the abatement authority provided by
proceedings under Chapter 1 FWCC, Article III, the city or its agents may summarily remove any
sign placed on a right-of-way or public property in violation of the tenus of this article. Recovery
of costs for removal of any signs as provided herein shall be as provided in Chapter 1 FWCC,
Article III. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 99-342, § 5, 5-4-99)
22-1605 Reserved - Comprehensive design plan.
(Ord. No. 95-235, § 4, 6-6-95)
22-1606 - 22-1629 Reserved.
1:\2005 Code Amendments\PAA Signs\City Council\Sign Code Amendments.doc/3/25/2005 12:42 PM
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FEDERAL WAY CITY CODE
Chapter 22. Article IV.
Nonconformance
EXHIBIT -A-
PAGE~OF -81-
22-335 Nonconforming signs.
(a) Purpose. In order to ease the economic impact of this Code on businesspersons with substantial
investment in signs in existence on the date of adoption of this Code, or on the date of annexation if
located in areas annexed to the city thereafter, this section provides for up to 10 years of continued use of
a nonconforming sign in its existing state. During this period, it is expected that the sign may be
amortized in its value over this 10-year time period and/or may be amortized for federal income tax
purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the
application of this section.
(b) Definitions. A "nonconforming sign" means any sign as defined by FWCC 22-1597 which was
legally in existence on the effective date of this Code, February 28, 1990, or on the date of annexation if
located in areas annexed to the city thereafter, but which does not comply with the sign regulations of
Article XVIII of this chapter, Signs, or any other sections of this Code. Any words, terms or phrases used
in this section and which are not otherwise defined shall have the meanings set forth in FWCC 22-1 and
22-1597.
(c) Legal nonconformance.
(1) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of
this Code, February 28, 1990, or on the date of annexation if located in areas annexed to the city
thereafter which does not conform with the provisions of this Code, is eligible for characterization as a
legal nonconforming sign provided it meets the following requirements:
a. The sign was covered by a sign permit on the date of adoption of this Code, if one was
required under applicable law; or
b. If no sign permit was required under applicable law for the sign, the sign was in all
respects in compliance with applicable law on the date of adoption of this Code.
(2) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the
provisions covering loss oflegal nonconforming status and other limitations set forth in this section.
(3) Exclusions. No temporary signs, portable signs, special signs, or incidental signs Except for
billboards, off-site signs, and roof signs, prohibited signs as defined in FWCC 22-1600 shall not be
eligible for characterization as legal nonconforming signs and must be removed upon notification by the
f!!y.
(d) LegalnfJlwfJnforming siglf permit Notice of determination. .
(1) Required. A legal nonconforming sign permit is required for eaeh legal noneonforming sign.
The permit shall be obtained by the sign user or the sign OV.TIer, or the O'.vner of the property upon ':.'bieR
the sign is løeated, within 60 days of notification by the eity that the sign is legal nonconforming. The
permit shall be issued for no fee and shall expire at the end of the applicable amortization period
prescribed in subseetion (e) of this seetion.
Required. After the city conducts a sign inventory, the city shall analyze whether each sign
complies with the sign regulations of Article XVIII of this chapter, Signs, or anv other sections of this
code, and shall issue a Notice of Determination which specifies whether the sign complies or not. If a sign
conforms to this chapter, it shall be issued a registration sticker. If a sign is determined to be legally
nonconforming, the sign will be issued a sign inventory sticker and shall be amortized pursuant to FWCC
22-335(e). Signs that do not comply with the sign regulations of Article XVIII of this chapter, Signs, or
anv other sections of this code or are not eligible for characterization as legal nonconforming signs must
be removed upon notification by the city.
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EXHIBIT A
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(2) Necessary information. :\ppheations The information associated with a for a legal
nonconforming sign peHHit and its sign inventory number shall contain consist of the name and address of
the sign user, the sign owner, and the owner of the property upon which the sign is located, information
about the sign, such as sign type, area, height, dimensions, location, a photo of the sign, and such other
pertinent information as the director of community development may require to ensure compliance with
the Code, which may include including proof of the date of installation of the sign.
(3) Failure to comply. ^ legal noncoßforming sign for \vhieh no permit has been issued within the
60 day period shall 'Nithin six months be erm:lgflt into compliance with the Code or be removed. Failure
to comply shall subject the sign user, O'l.'ßer and/or owner of the property OR \vhieh the sign is løcated to
the remedies and penalties ofFWCC 22 160'1.
(e) Amortization. All legal nonconforming signs shall be discontinued and removed or made
conforming within 10 years from the effective date of this Code, on or before February 28, 2000, or
within 10 years of the effective date of annexation if located in areas annexed to the city thereafter. aBè-all
signs 'Nhich are made noßconforming by a subsequent amendment to this Code shall be discontinued and
removed or made conforming ',vithin fiw years after the date of sueh amendment (eollectively the
"amortization period"). Upon the expiration of the amortization period, the sign shall be brought into
conformance with this Code, with a permit obtained, or be removed. A sign prohibited pursuant to FWCC
22-1600 may not be brought into conformance and must therefore be immediately removed upon the
expiration of the amortization period.
(f) Extension or exemption from amortization period.
(1) Applicability. This subsection applies to any sign which is required to be removed pursuant to
subsection (e) of this section following expiration of the amortization period.
(2) Purpose. A sign amortization exemption or extension is a mechanism by which the city may
provide relief from the effect of the sign amortization program when its enforcement would fail to
noticeably improve the appearance of the neighborhood and the city tmy and when a hardship would
result from its enforcement.
(3) Who may apply. The property owner or the person displaying the sign which is required to be
removed pursuant to subsection (e) of this section may apply for a sign amortization extension or
exemption.
(4) Decisional criteria. An application for a sign amortization exemption or extension may be
approved or approved with modification if it satisfies all of the following criteria:
a. The sign is compatible with the architectural design of structures on the subject property;
b. The sign substantially complies with the requirements of the sign code for the land use
district in which it is located. For purposes of this subsection, "substantial compliance" means that the
height of the sign is within 10 percent of the sign height required by Article XVIII of this Code and that
the sign area of the sign is within 20 percent of the sign area required by Article XVIII of this Code.
Minor deviations from these percentages may be approved by the administrator ifhe or she concludes that
the resulting sign is harmonious with the character of the primary structures on the subject property and
with the signs and structures on surrounding properties;
c. The enforcement of this Code would result in a substantial hardship to the applicant due to
the size, shape, topography, location or surroundings of the subject property and such hardship was not
created by any action of the applicant or would reswt in a substantial eeonomic hardship to the applicaRt
because the applicant erected a sign, or made an application fDr a sign permit, between February 28, 1990,
and June 6, 1995, in complianee '.'lith the existiRg sign code;
d. The sign complies with the city's minimum sign distance at intersection requirements
pursuant to FWCC 22-1151 et seq.; .
e. If illuminated, the sign is oriented away from residentially developed or zoned property or
is adequately screened so that the source of light is not correctly visible;
f. It is consistent with the city's comprehensive plan; and
g. It is consistent with the public health, safety and welfare.
(5) Applicable procedure. Except as otherwise provided by this subsection (t), the city will
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EXHIBIT A
PAGE...JJ..OF rL-
process an application for a sign amortization exemption or extension through process I of this Code.
(g) Loss of legal nonconforming sign status. All legal nonconforming signs shall be immediately
removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor,
and such legal nonconforming sign shall immediately lose its legal nonconforming designation when one
or more of the following events occurs:
(1) Structural changes. The applicant is making structural alterations or increasing the gross floor
area of any structure that houses or supports the use with which the legal nonconforming sign is
associated.
(2) Other alterations. The applicant is making any change, alteration or performing work other
than normal maintenance or other than tenant improvements, in any 12-month period to any structure that
houses or supports the use with which the legal nonconforming sign is associated and the fair market
value of those changes, alterations or other work exceeds 25 percent of the assessed value of that structure
as determined by the King County assessor.
(3) Abandonment or business cessation. The subject property containing the sign is abandoned for
90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive
days.
(4) Sign alterations. The applicant is making changes, alterations or performing any work to the
legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include
relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's
identification sign in either a center identification sign which separately identifies the tenants or in a
tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation.
(5) Change in use. There has been a change in use on the subject property as that term is defined
by FWCC 22-1.
(6) Change in tenant. There has been a change in tenant or business on the subject property.
In connection with any multiuse or multi-tenant complex, the foregoing events which require that a
legal nonconforming sign be either removed or brought into conformance with this Code, shall apply only
to the individual owner's or tenant's building-mounted or freestanding signs who has triggered the
elimination of the legal nonconformance and not to the other signs located on the subject property,
including any copy change in a center identification or tenant directory sign in order to include such
tenant's name.
0) Expiration of amortization period. All legal nonconforming signs shall be discontinued and
removed or made conforming within 10 vears from the effective date of this Code, on or before February
28, 2000, or within 10 years of the effective date of annexation if located in areas annexed to the city
thereafter.
(h) Historic signs. Nonconforming on-site historical signs may be retained through process II, Article
VII of this Code, if the sign is determined to be of historic significance by satisfying all of the following
criteria:
(1) The sign is used in connection with a building which has been designated as a historic
building pursuant to any federal, state or local preservation authority;
(2) The subject sign or signs are substantially unchanged or unaltered since initial installation;
(3) The subject sign or signs are a good example of the prevailing signage during the period in
time it was installed; and
(4) The subject sign or signs have been well maintained and are not materially detrimental to the
public health, safety and welfare.
(i) Government acquisition of property for right-of-way.
(1) A sign that becomes nonconforming with respect to its setback from the edge of a public
right-of-way as a result of a local, state, or federal government acquisition of property for right-of-way
expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the
requirements of subsection (i)(3) of this section.
(2) The city may, using process I, allow the placement of a new sign or relocation of an existing
192004 Code Publishing Co.
Page 26
EXHIBIT ~
PAGE " OF -2.L
sign within a required setback if it meets all of the following criteria:
a. The enforcement of this Code would result in substantial hardship to the applicant because
no feasible location exists to place a sign on the subject property other than in a required setback, and
such hardship was created solely by local, state, or federal government acquisition of property for right-
of-way expansion and not by any action of the applicant;
b. The sign is not prohibited by FWCC 22-1600 and, except for location within a required
setback, complies with all other requirements of FWCC 22-1596 through 22-1629;
c. The sign complies with the city's minimum sight distance at intersection requirements
pursuant to FWCC 22-1511 et seq.; and
d. Location of the sign with a required setback is otherwise consistent with the public health,
safety, and welfare.
(3) Loss oflegal nonconforming sign status. All nonconforming signs specified in subsections (1)
and (2) of this section shall be immediately removed or modified to conform to all the provisions of this
chapter, and a new permit secured therefor, and such nonconforming sign shall immediately lose its legal
nonconforming designation when one or more of the following events occurs:
a. The applicant is making any changes, alteration, or performs any work to the legal
nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include
relocating the sign or replacing the sign; provided, however, that any copy change in a center
identification or tenant directory sign shall not result in the loss of such sign's legal nonconforming sign
designatioIF, Except that a legal nonconforming sign may be relocated without losing its legal
nonconforming status and eligibility for the 10-year amortization period so long as all of the following
conditions are met: (i) the sign is under threat of eminent domain and the subject of a Consent Decree or
Settlement Agreement executed with a local, state, or federal government: (ii) the Consent Decree or
Settlement Agreement was executed and filed with the Court or recorded prior to the effective date of
annexation; (iii) the Consent Decree or Settlement Agreement does not compensate the owner of the sign
for bringing the sign into conformance with the provisions of this chapter; (iv) the owner of the sign
applies for a permit to relocate the sign within six months of the date the Consent Decree or Settlement
Agreement was filed; and (v) the owner makes no changes to the sign that increase the nonconformance
of the sign; or
b. The applicant is making any changes, alterations, or performs work other than normal
maintenance or other than tenant improvements to any structure or improvement that houses or supports
the use with which the nonconforming sign is associated, and the fair market value of those changes,
alterations, or other work, in anyone consecutive 12-month period, exceeds 75 percent of the assessed
value of that structure or improvement, as determined by the King County assessor. The applicant may
provide an appraisal of the structure or improvement. The appraisal must be from a source that is
acceptable to the city. The community development services director may require the applicant to provide
an appraisal :trom a source acceptable to the city if the assessed valuation appears to be inaccurate or
inappropriate. If an appraisal acceptable to the city is provided by the applicant or required by the city, the
larger of the two amounts shall be used. For purposes of determining value under this subsection,
improvements required pursuant to FWCC 22-334 (nonconforming development) and/or 22-336
(street/sidewalk improvements) shall not be counted towards the 75-percent threshold, which would
trigger application of this subsection.
(j) Exemption. The city may elect not to apply any provision of this section if the removal of a sign
would require the city to pay compensation under any federal, state or other law, including Chapter 47.42
RCW. (Ord. No. 90-43, § 2(165.35 (5», 2-27-90; Ord. No. 91-113, § 4 (165.35(5), 12-3-91; Ord. No. 92-135, § 3
(165.35(5»,4-21-92; Ord. No. 92-144, § 3 (165.35(5»),6-16-92; Ord. No. 95-235, § 3, 6-6-95; Ord. No. 97-307, §
3,12-16-97; Ord. No. 99-357, § 4,12-7-99; Ord. No. 01-398, § 1,7-17-01)
1:\2005 Code Amendments\P AA Signs\City Council\Nonconforming Signs.doc/3/25/2005 12:43 PM
@2004 Code Publishing Co.
Page 27
~
CITY Of ~
Federal Way
PLANNING co MMISSIO N
RECOMMENDATION
February 25,2005
VIA:
Jack Dovey, Chair
Land Use/Transportation Committee (LUTe)
David MOS~anager
Kathy McClung, Director of Community Development Services
Margaret H. Clark, AICP, Senior Planner ~
\4J\v
To:
FROM:
SUBJECT:
Amendments to Federal Way City Code (FWCC) Chapter 22, Article IV,
"Nonconformance," and Article XVIII, "Signs"
MEETING DATE: March 7, 2005
I.
POLICY QUESTION
Should the City of Federal Way adopt the code amendments to the Federal Way City Code
(FWCC) Chapter 22, Article IV, "Nonconformance," and Article XVIII, "Signs," as recommended
in Exhibit I?
II.
BACKGROUND
The City of Federal Way Potential Annexation Area (PAA) was established through a series of
interlocal agreements between the City of Federal Way and neighboring south King County cities.
Based upon the State of Washington Growth Management Act (GMA) and King County
Countywide Planning Policies, the City would ultimately annex and provide services within its
designated P AA. Therefore, as areas are annexed to the City, the City will provide municipal
services to these areas and will also be responsible for regulating land use activities, including
administration of the sign code. Effective January 1, 2005, the City annexed the North Lake,
Parkway, and Redondo East areas.
III.
PURPOSE OF THE PROPOSED AMENDMENTS
The purpose of the proposed amendments is to amend FWCC Chapter 22, Article IV,
"Nonconformance," and Article XVIII, "Signs," in order to adopt regulations for signs in areas
annexed to the City, and allow for a 10-year amortization period for legal nonconforming signs.
Other minor changes intended for clarification are also being proposed.
IV.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission conducted a public hearing on January 19,2005. The staffreport to the
Planning Commission is attached as Exhibit 2, and the January 19, 2005, minutes are attached as
Exhibit 3. As part of the staff presentation, staff discussed the widening of Pacific Highway South
between South 284th and Street 272nd by the Washington State Department of Transportation
(WSDOT). The road widening will affect properties located west of Pacific Highway South within
the Redondo annexation area. FWCC Section 22-335(i)(3)(a) requires legal nonconforming signs
to be brought into conformance if they are altered or relocated. Some property owners have already
negotiated compensation with WSDOT for relocating their sign. The compensation has not
included the cost of bringing the sign into conformance. Staff presented draft code language to the
Planning Commission, which would grant the relocated signs a lO-year amortization period if the
Settlement Agreement between the property owner and WSDOT had been entered into prior to the
effective date of annexation, and the cost of bringing the sign into conformance with City code had
not been included in the compensation. The Planning Commission approved the conceptual
language and directed staff to work with the legal department to finalize the language as part of the
Planning Commission's recommendation to the Land Use/Transportation Committee and City
Council. The proposed code language as prepared by the law department is included in Section V
(A)(6) of this staff report and on page 27 of27 of Exhibit 1.
V.
SUMMARY OF PROPOSED AMENDMENTS AS RECOMMENDED BY THE PLANNING
COMMISSION
Proposed new language is shown as underlined and proposed deletions are shown as strikeout.
A.
AMENDMENTS DIRECTLY RELATED TO APPLYING THE SIGN CODE TO ANNEXATION AREAS
The following is a summary of the proposed code amendments.
1.
Amendments have been proposed throughout FWCC Chapter 22, Article XVIII,
"Signs," and Article IV, "Nonconformance," to address signs located within areas
annexed to the City upon the effective date of annexation. An example of the proposed,
language is found on page 9 of Exhibit 1 as follows:
22-1598 Scope.
This article applies to all existing signs and all signs erected, moved, relocated,
enlarged, structurally changed, painted, or altered after February 28, 1990, the date of
incoq>oration, or after the effective date of annexation if located in areas annexed to
the city thereafter.
Similar language has been added on pages 5,9, 24, and 25 of Exhibit l.
2.
Changes are proposed to FWCC Section 22-1599(h), "Sign Registration," (page 11 of
Exhibit 1) and FWCC Section 22-335(d), "Notice of Determination," (page 24 of
Exhibit 1), as outlined below, in order to clarify how signs will be inventoried and
categorized once an area is annexed to the City. This process is very similar to how the
original sign inventory was conducted upon incorporation of the City.
Amendments to Federal Way City Code (FWCC) Chapter 22, Article IV, "Nonconfonnance," and Article XVIII, "Signs"
Planning Commission Recommendation to the Land UselTransportation Committee Page 2
(i) The City will conduct a sign inventory of all signs in the annexed area.
(ii) Data associated with the sign, such as type, area, height, location and content
will be analyzed to detennine the status of the sign relative to the City's sign
regulations.
(iii) A Notice of Determination will be issued as to whether the sign conforms to the
sign regulations, or is a legal nonconforming sign. Those nonconfonning signs,
which do not meet the definition of a legal nonconforming sign, must be
removed upon notification by the City.
(iv) If the sign confonns to the City sign regulations, it will be given a Registration
Sticker and assigned a Registration Sticker Number.
(v) If the sign does not confonn to the City sign regulations, but meets the
definition of a legal nonconforming sign, it will be given a Sign Inventory
Sticker and assigned a Sign Inventory Sticker Number.
(vi) Legal nonconforming signs shall be given a lO-year amortization period to
comply with city code.
3.
The following change has been proposed in order to clarify FWCC Section 22-335(c)(3)
(page 24 of Exhibit 1), which is one of the criteria to be eligible as a legal
nonconforming sign:
(3) Exclusions. No temporary signs, portable signs, special signs, or incidental signs
Except for billboards, off-site signs, and roof signs, prohibited signs as defined in
FWCC 22-1600 shall not be eligible for characterization as legal nonconfonning signs
and must be removed uvon notification by the City.
4.
Based on the amendments proposed under V.A.2 above, the following definitions are
proposed to be added to FWCC Section 22-1597, "Definitions":
(56) Nonconforming sign means any sign, which was legally in existence on the
effective date of this Code, February 28, 1990, or on the effective date of annexation if
located in areas annexed to the city thereafter but which does not comply with this article
or any other sections of this Code. .
(57) Notice of Determination means the determination that the city issues as to
whether a sign conforms to this article and other sections of this Code.
(74) Registration sticker means the sticker that is assigned to a sign that has been
inventoried and has been detennined to comply with this article and other sections of
this Code.
(79) Sign inventory sticker means the sticker that is assigned to any sign after it has
been inventoried and detennined to be a legal nonconfonning sign.
(80) Sign inventory sticker number means the inventory number that is assigned
to a sign after it has been inventoried and determined to be a legal nonconforming sign.
(81) Sif!n Registration means the approval issued to any sign that has an
approved sign pennit and that has passed all inspections required by the city or is in
confonnance with the code after an analysis conducted as part of a sign inventory.
5.
FWCC Section 22-335(g), "Loss of Legal Nonconfonning Sign Status," (page 26 of
Exhibit 1) lists a number of events that can result in a sign losing its legal
Amendments to Federal Way City Code (FWCC) Chapter 22, Article IV, "Nonconfonnance," and Article XVIII, "Signs"
Planning Commission Recommendation to the Land Use/Transportation Committee Page 3
nonconforming status. The following event has been added:
(7) Expiration of amortization period. All legal nonconforming signs shall be
discontinued and removed or made conforming within 10 years from the effective date
ofthis Code, on or before February 28,2000, or within 10 years of the effective date of
annexation if located in areas annexed to the city thereafter.
6.
Additional language is proposed for FWCC Section 22-335(i) (page 27 of 27 of Exhibit 1),
"Government Acquisition of Property for Right-of-Way," in order to address the
requirement for property owners in the Redondo area to relocate their signs as a result of
the widening of Pacific Highway South by WSDOT. WSDOT will be widening Pacific
Highway South between South 284th and South 272nd. This will affect properties located
west of Pacific Highway South within the Redondo annexation area. FWCC Section 22-
335(i)(3)(a) requires legal nonconforming signs to be brought into conformance if they are
altered or relocated. Some property owners have already negotiated with WSDOT for
covering the cost of relocating their sign and have not included the cost of bringing the
sign into conformance. As a result, the following amendments are proposed to address this
situation:
(i) Government acquisition of property for right-of-way.
(I) A sign that becomes nonconforming with respect to its setback from the
edge of a public right-of-way as a result of a local, state, or federal acquisition of
property for right-of-way expansion shall be characterized as a legal
nonconforming sign and shall be allowed subject to the requirements of
subsection (1)(3) of this section.
(3) Loss of legal nonconforming sign status. All nonconforming signs
specified in subsections (l) and (2) of this section shall be immediately removed
or modified to conform to all the provisions of this chapter, and a new permit
secured therefor, and such nonconforming sign shall imediately lose its legal
nonconfomùng designation when one or more of the following events occurs:
(a) The applicant is making any changes, alteration, or performs any
work to the legal nonconforming sign other than regular and normal
maintenance. Prohibited sign alterations include relocating the sign or replacing
the sign; provided, however, that any copy change in a center identification or
tenant directory sign shall not result in the loss of such sign's legal
nonconforming sign designation. Except that a legal nonconforming sign may
be relocated without losing its legal nonconforming status and eligibility for the
10-year amortization period so long as all of the following conditions are met:
(i) the sign is under threat of eminent domain and the subject of a Consent
Decree or Settlement Agreement executed with a local, state, or federal
government; (ii) the Consent Decree or Settlement Agreement was executed and
filed with the Court or recorded prior to the effective date of annexation; (iii)
the Consent Decree or Settlement Agreement does not compensate the owner of
the sign for bringing the sign into conformance with the provisions of this
chapter; (iv) the owner of the sign applies for a permit to relocate the sign
within 90 days of the date the Consent Decree or Settlement Agreement was
filed; and (v) the owner makes no changes to the sign that increase the
nonconformance of the sign.
Amendments to Federal Way City Code (FWCC) Chapter 22, Article IV, "Nonconfonnance," and Article XVIII, "Signs"
Planning Commission Recommendation to the Land Useffransportation Committee Page 4
7.
The following language (shown as strikeout) is proposed to be deleted from FWCC
Section 22-335(f)(4)(c) (page 25 of Exhibit 1) because the language is no longer
applicable:
(f) Extension or exemption from amortization period.
(4) Decisional criteria. An application for a sign amortization exemption or
extension may be approved or approved with modification if it satisfies all of the
following criteria:
c. The enforcement of this Code would result in a substantial hardship to the
applicant due to the size, shape, topography, location or surroundings of the subject
property and such hardship was not created by any action of the applicant or would
result in a substantial economic hardship to the applicant because the applicant
erected a sign, or made an application for a sign permit, between February 28, 1990,
and June 6, 1995, in compliance with the existing sign code;
B.
OTHER MINOR CHANGES INTENDED FOR CLARIFICATION
1.
The definition of roof sign (page 7 of Exhibit 1) is proposed to be amended as follows.
This is based on an interpretation that was issued by the City on July 5, 2002:
~ @ Roof sign means any sign erected, constructed, or placed upon, over, or
extends above the eaves or on any portion of the roof of a building or structure,
excluding signs affixed to the vertical face of a mansard or gambrel style roof, and
...vhieh is wholly or in part supported by the building in which case a roof sign is any sign
erected, constructed, or placed upon, over, or extends above the lowest vertical section
of a mansard or gambrel roof.
2.
The definition of window sign (page 9 of Exhibit 1) is proposed to be amended to allow
the sign to be affixed either inside or outside of the window.
(84j (90) Window sign means all signs located inside and affixed to a window
and intended to be viewed from the exterior of the structure.
3.
FWCC Section 22-1599(f), "Government Signs," (page]] of Exhibit 1) is proposed to
be clarified as follows:
(f) Government signs. The allowable location, ~ number, sign area, height,
location, and content of signs used to identify government facilities in residential zones
must comply with Table 2, "Sign Allowances for Residentia] Zones - Pennit Required"
government facilities must comply '.vith the standards for commercial signs in that zone
and be appropriate to the use. Signs for government facilities in non-residential zones
must comply with the requirements of FWCC 22-] 60]. All signs must be approved by
the city. Street and traffic signs are excluded from these requirements.
4.
FWCC Section 22-1602(e), "Landscaping Around Freestanding Signs," (page 2] of
Exhibit 1) is proposed to be clarified as follows:
Amendments to Federal Way City Code (FWCC) Chapter 22, Article IV, "Nonconformance," and Article XVIII, "Signs"
Planning Commission Recommendation to the Land Userrransportation Committee Page 5
(e) Landscaping around freestanding signs. To improve overall appearance of the
sign and to reduce the risk of motor vehicles hitting the sign or supports of the sign, an
area adjacent to the base of each freestanding sign must be landscaped equal to the sign
area; provided, however, that the city will not require more than 200 square feet of
landscaped area. This landscaping must include vegetation and may include other
materials and components such as brick or concrete bases as evidenced in plazas, patios
and other pedestrian areas, planter boxes, pole covers or decorative framing.
Landscaping can include evergreen shrubs, deciduous shrubs, vines, and
groundcover or grasses. If low shrubs and groundcover are to be used, A~t the time of
planting, a minimum of 50 percent of the required landscaped area should be planted
with low shrubs and groundcover such that within two years, 90 percent of the
landscaped area is covered. Such plantings can include, but are not limited to, evergreen
shrubs, deciduous shrubs, vines, and groundeo';er or grasses. If all grasses are to be
used, the landscaped area must be covered 100 percent at time of planting. Low
maintenance plantings are recommended.
Alternative landscape plans may be submitted in writing and will be reviewed on a
case-by-case basis. These may include, but are not limited to, existing plantings in the
area of the sign or landscaping required to be provided under Article XVII,
Landscaping, of this chapter.
5.
The references in FWCC Section 22-1604(a), "Compliance with Other Applicable
Codes," (page 22 of Exhibit 1) are proposed to be clarified as follows:
(a) Compliance with other applicable codes. All signs erected or altered under this
article must comply with all applicable federal, state and local regulations relating to
signs, including-without limitation the provisions of the International Buildinf!: Code and
the National Electric Code as Unifonn Sign Code adopted in FWCC 5 281 and the
Unifonn Building Code adopted in FWCC 5-66 by the city. If any provision of this
Code is found to be in conflict with any provision of any zoning, building, fire, safety or
health ordinance or code of the city, the provision which establishes the higher standard
shall prevail.
VI.
ADDITIONAL CHANGES PROPOSED BY STAFF
After the January 19,2005, Planning Commission public hearing, staff discovered one additional
housekeeping amendment. The definition of clearview zone (page 3 of Exhibit 1) references
FWCC 22-1511 et seq. The reference should be FWCC 22-1511, as follows:
(18) Clearview zone means the definition set forth in FWCC 22 151122-1511 etseq. of this
Code for intersection sight distance requirements.
Amendments to Federal Way City Code (FWCC) Chapter 22, Article IV, uNonconfonnance," and Article XVIII, "Signs"
Planning Commission Recommendation to the Land Useffransportation Committee Page 6
VII.
LAND UsE/TRANSPORTATION COMMITTEE OPTIONS/STAFF RECOMMENDATION
The Committee has the following options:
1. Recommend that the full Council adopt an ordinance approving the proposed code
amendments as recommended by the Planning Commission and the additional change
proposed by staff (The proposed amendments are shown in Exhibit 1).
2. Recommend that the full Council modify and then approve the proposed code
amendments.
3. Recommend that the full Council disapprove the proposed code amendments.
Staff recommends that the LUTC recommend to the full Council Option No.1 above, that is,
adoption of the Planning Commission's recommendations and the additional staff change.
VIII. LAND USEITRANSPORT A TlON COMMITTEE RECOMMENDATION
The LUTC forwards the proposed amendment to the full Council for first reading as follows:
'¡:
,
As recommended by Planning Commission, including the additional staff change.
As recommended by Planning Commission (including the additional staff changes)
and amended by the LUTe.
, "
, '-""'" J"
, , ", ,--" " ,
MichaêI'-PatlçMëmber '
LIST OF EXHIBITS
Exhibit 1
Proposed Code Amendments as Recommended by the Planning Commission with the
Additional Staff Change
Staff Report for the January 19,2005, Planning Commission Meeting with Exhibits A and B
Minutes of, January 19, 2005, Planning Commission Meeting
Draft Ordinance
Exhibit 2
Exhibit 3
Exhibit 4
1:\2005 Code Amendments\P AA Signs\LUTOPC Rec Staff Report to LUTc.docl2/28/2005 9:33 AM
Amendments to Federal Way City Code (FWCC) Chapter 22, Article IV, "Nonconformance," and Article XVIII, "Signs"
Planning Commission Recommendation to the Land Useffransportation Committee Page 7
City of Federal Way
City Council
Land Use/Transportation Committee
March 7,2005
5:30 pm
City Hall
Council Chambers
MEETING MINUTES
In attendance: Committee members Jack Dovey, Chair, and Council Member Eric Faison (Council Member Michael Park
was excused); Mayor Dean McColgan and Deputy Mayor Linda Kochmar; City Manager David Moseley; Assistant City
Attorney Karen Kirkpatrick; Public Works Deputy Director Ken Miller; Community Development Services Director Kathy
McClung; Senior Planner Margaret Clark; Code Compliance Officer Betty Cruz; Surface Water Manager Paul Bucich;
Traffic Engineer Rick Perez; and Administrative Assistant E. Tina Piety.
1.
CALL TO ORDER
Chair Dovey called the meeting to order at 5:30 pm.
2.
APPROVAL OF MEETING MINUTES
There were no minutes.
3.
PUBLIC COMMENT
Bob Couper - He is fÌom Lloyd Enterprises. He understands the Committee will be discussing the
possibility of opening 376th Street to commercial trucks. He is in favor of this proposal. Being able to use
that road for their trucks would help Lloyd Enterprises to be competitive. The triangle area is a determent to
them and opening 376th would allow them to avoid the triangle area.
4.
BUSINESS ITEMS
A. P AA Sign Code Amendment - The main purpose of this amendment is to extend the sign code regulations to the
newly annexed and future annexation areas, and to give the newly annexed areas a 10-year amortization period to bring
their signs into compliance. There are also some minor changes intended for clarification. Ms. Clark commented that
there is an error in the staff report. On page 6, at the bottom of the page where it talks about the definition for clearview
zone, the reference should be for FWCC 22-1151, not 22-1511 as stated. Council Member Faison noted that on page 4,
FWCC Section 22-335(i)(3)(a)(iv) gives the owner of the sign 90 days of the date the Consent Decree or Settlement
Agreement was filed to apply for a sign permit. This seems quick to him. The Committee agreed that this deadline
should be changed to six months. In addition, the Committee would like the staff to research offering an incentive to sign
owners to bring their signs into compliance before the 10-year amortization ends. Staff will research this issue and return
to the next LUTC with how many signs are in the newly annexed area, approximate cost to bring them up to code, and
possible funding sources. It was m/s/c to recommend adoption of the proposed code amendments with the amendment
that the 90 day deadline in FWCC Section 22-335(i)(3)(a)(iv) will be changed to six months. This item will go to the City
Council for First Reading on AprilS, 2005.
B. SW 35th Street Regional Pond Fencing Contract Award - It was m/s/c to recommend awarding 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; to approve a 10 percent construction contingency of2,992.00, for a total of$32,916.00; to
authorize the City Manger to execute the contract; and to place this item on the March 15,2005, City Council Consent
Agenda.
1:\2005 Code AmendmentslPAA SignslCity Coun<iIl03-07-05 LUTC Minutes.doe
Land Use/Transportation Committee
Page 2
March 7, 2005
C. AGO4-133 "Sewer Extension Bellacarino Woods" Project - It was m/s/c to recommend authorizing 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, and to place this item on the March 15,2005, City Council
Consent Agenda.
D, Commercial Vehicles in Residential Neighborhoods - Staffs proposal is to revise the code to remove the time-of-
day limitation (which would restrict commercial vehicles from residential neighborhoods), with exceptions listed for
loading, unloading, and service delivery.
Richard Keltner - He has a strong interest in maintaining neighborhoods. In the last several years he has
noticed more influx of commercial vehicles into residential neighborhoods. He believes this is detrimental
to the neighborhoods and supports the staffs proposal.
Jean Atwell- She spoke in support of the proposal. She feels people are abusing the current code by
moving their vehicle at midnight. This proposal would help neighborhoods to look residential.
Marie Sciacqua - She supports the proposal, but for safety issues, would like to see all vehicles over 80-
inches restricted from residential neighborhoods. She does not feel this would be costly to the City; it
would only be an administrative cost. Enforcement would be complaint based and this would help
neighborhoods that do not have covenants.
Wally Aikala - He also spoke in favor of the proposal. He showed the Committee pictures of a truck that is
parked in his neighborhood. He commented that he has come close to hitting children who have run out
into the street from behind the truck. He commented that the pictures show how tall the truck is and how if
there is a car parked on the other side of the street, only one vehicle at a time can use the street. He believes
the pictures show this is a safety issue.
The Committee expressed concern that if commercial vehicles cannot park in residential zones, where will they park?
Will commercial zones be inundated with commercial vehicles parked overnight? There was concern that this proposal
could place an unfair burden on small business owners who will have to park their commercial vehicle someplace other
than their home. They asked staff to provide a map of areas that would allow on-street parking. The Committee
expressed concern that there has not been much opportunity for the public to give testimony on this issue. Council
Member Faison suggested that commercial vehicles be allowed to park in residential zones during regular business hours
(8 a.m. to 6 p.m.). The Committee asked what the various neighborhood covenants say. Are they having problems with
commercial vehicles? How much ofa problem is this in Federal Way? The Committee chose not to make a decision on
this issue and requested staff return to the next LUTC with a report on the issues discussed above.
5.
FUTURE MEETINGS
The next scheduled meeting will be March 21,2005.
6.
ADJOURN
The meeting adjourned at 6:30 p.m.
1:\2005 Code AmendmentslPAA S;gnslCÜy CounoiII03-07-05 LUTC Minutes.doo
....~~~.!J~.Q.~A!~.:...Ap~}!..~~..~.Q.Q?..........................................................................................~.!.~.Mf*. ~ (I ~. «iJ................................................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Amendment to the Federal Way City Code to Permit Signs on
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CATEGORY: BUDGET IMPACT:
CONSENT RESOLUTION Amount Budgeted: $
X ORDINANCE STAFF REPORT Expenditure Amt: $
BUSINESS PROCLAMATION Contingency Reqd: $
HEARING STUDY SESSION
FYI OTHER
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ATTACHMENTS: 1) March 21, 2005 Memorandum to the Land Use/Transportation Committee; 2) Staff
Report to Planning Commission for March 2, 2005 meeting 3) March 2, 2005 Planning Commission Minutes 4)
Letter dated March 2, 2005 from Bill Foulkes, President of Federal Way National Little League; 5) Proposed
Ordinance
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SUMMARYIBACKGROUND: On March 2, 2005 the Planning Commission held a public hearing and
approved the staff recommendation to permit signs on sports field fences with conditions. The Federal
National Little League and the Federal Way Parks Department support this recommendation.
................"""""."..........."."."""""".....""""""""""""""""""""'"...."..""."."""".""..""."..""""""""""."""".................................""""""""""""""""""""""'""...".................."""""..."..".."......................................".........."......
CITY COUNCIL COMMITTEE RECOMMENDATION: On March 21, 2005, the LUTC recommended
approval of the Planning Commission recommendation and related ordinance.
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CITY MANAGER RECOMMENDATION: Motion to approve the LUTC's recommendation and move the
ordinance to second reading and enactment on Apri119, 2005.
¡;;;~~;;;;;~~~;;~;;;~~~~~:;¡~~~~~-==
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
T ABLEDIDEFERRED/NO ACTION
COUNCIL BILL #
ORDINANCE #
RESOLUTION #
'-?(P7
I:\OICOMPPLAN\CC AGENDA COVER SHEET ON SELECTION PROCESS.doc/O3/22/2005 2:39 PM
~
CITY OF ~
Federal Way
PLANNING COMMISSION
RECOMMENDATION
March 7, 2005
To:
Jack Dovey, Chair
Land Use/Transportation Committee (LUTC)
David M~anager
Kathy McClung, Director of Community Development Services
~c-
VIA:
FROM:
SUBJECT:
Amendments to Federal Way City Code (FWCC) Chapter 22, Article XVIII, "Signs"
(on ballfield fences)
MEETING DATE: March 21, 2005
I.
POLICY QUESTION
Should the City of Federal Way adopt code amendments to the Federal Way City Code (FWCC)
Chapter 22, Article XVIII, "Signs," to provide signs on sports field fences as shown in Exhibit 1?
II.
BACKGROUND
When the sign code was substantially rewritten in 1996, no provision was made for pennitting
signs on sports field fences. The Little League of Federal Way and the City of Federal Way Parks
Department have requested that this issue be reviewed for a potential code amendment. The City
Council put this item on the 2004 Planning Commission Work Program.
III.
PURPOSE OF THE PROPOSED AMENDMENTS
The purpose of the proposed amendments is to amend FWCC Chapter 22, Article XVIII, "Signs,"
in order to adopt regulations for signs on sports field fences.
IV.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission conducted a public hearing on March 2,2005. The staff report to the
Planning Commission is attached as Exhibit 2, and the March 2, 2005, minutes are attached as
Exhibit 3. The Planning Commission unanimously approved the staff recommendation to permit
signs on sports field fences.
v.
SUMMARY OF PROPOSED AMENDMENTS AS RECOMMENDED BY THE PLANNING
COMMISSION
Public comment at the Planning Commission Hearing included a letter (see Exhibit 4) from Bill
Foulkes, President of the Federal Way National Little League in favor of the amendment and John
Hutton, Recreation Coordinator for Federal Way Parks also spoke in favor of the amendment.
The Planning Commission recommendation makes two minor changes in the definition section. On page 2
of Exhibit 1, it amends the definition of "billboard" so that ballfield signs are not considered billboards. On
page 3 of Exhibit 1, under "graffiti", an error in the code is corrected from "works" to "words". The
recommendation also provides for signs on sports field fences provided that that they are no larger than 32
square feet, do not project above the fenceline and are oriented to the interior of the field. No sign permits
would be required. See specific code language in Exhibit 1, page 10 .
VI.
Land Use/Transportation Committee Options/Staff Recommendation
The Committee has the following options:
1. Recommend that the full Council adopt an ordinance approving the proposed code
amendments as recommended by the Planning Commission (The proposed
amendments are shown in Exhibit 1).
2. Recommend that the full Council modify and then approve the proposed code
amendments.
3. Recommend that the full Council disapprove the proposed code amendments.
Staff recommends that the LUTC recommend to the full Council Option No.1 above, that is,
adoption of the Planning Commission's recommendations.
VIII. LAND USEITRANSPORTATION COMMITTEE RECOMMENDATION
The LUTC forwards the proposed amendment to the full Council at their April 5th meeting for
first reading as follows:
-.(
As recommended by Planning Commission.
As recommended by Planning Commission (including the additional staff changes)
and amended by the LUTe.
ApPROVAL OF COMMITTEE ACTION:
Eric Faison, Member
~~
Michael , ember
Amendments to Federal Way City Code (FWCC) Chapter 22, Article IV, "Nonconfonnance," and Article XVIII, "Signs"
Planning Commission Recommendation to the Land Useffransportation Committee Page 2
DRAFT
--
?/2~/t~
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22
(ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO
ADDRESS SIGNS ON SPORTS FIELD FENCES. (Amending
Ordinance Nos. 95-235, 99-348, 99-357)
WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly
revised the Federal Way City Code (FWCC) Chapter 22 (Zoning);
WHEREAS, the City of Federal Way finds that the amendments to FWCC Chapter 22 (Zoning)
Article XVIII, "Signs" meets the intent of Chapter 36.70A RCW, Growth Management;
WHEREAS, the City of Federal Way finds that the code amendments relating to signs on sports field
fences are consistent with the Federal Way Comprehensive Plan; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code
amendments relating to fi-ontage improvements on March 2, 2005, and forwarded a recommendation of
approval to the City Council; and
WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered the
code amendments relating to the sign code on March 21,2005, following which it recommended adoption
of the text amendments; and
WHEREAS, the City Council finds that the code amendments relating to fi-ontage improvements are
consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the
health, safety, and welfare of the general public.
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Ord No. -
, Page I
Section 1. Findings. After full and careful consideration, the City Council of the City of Federal
Way finds that the proposed code amendments will protect and will not adversely affect the public health,
safety, or welfare.
Section 2. Conclusions.
Pursuant to FWCC Sections 22-216 and 22-528, and based upon the
Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law
with respect to the decisional criteria necessary for the adoption of the proposal:
1.
The proposed FWCC text amendments are consistent with, and substantially implement,
the following Federal Way Comprehensive Plan goals and policies:
EDP21
The City recognizes the importance of cultural and recreational
activity to its economy and through the Arts Department and Parks
Department will pursue joint ventures with private groups and
individuals in developing cultural and recreational opportunities.
EDP22The City will encourage the expansion and development of new
multipurpose facilities to host cultural and recreational activities.
2.
The proposed amendment bears a substantial relationship to public health, safety, or
welfare because they will result in revenue streams to assist with maintenance of public
and private recreation programs and facilities.
AND
3.
The proposed amendment is in the best interest of the residents of the City because they
may result sustaining existing recreational programs and infrastructure.
Section 3. Amendment. FWCC, Chapter22 is amended as set forth in the attached Exhibit 1.
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affinned.
Section 6. Effective Date.
This ordinance shall be effective five (5) days after passage and
publication as provided by law.
Ord No. -
, Page 2
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on
the
day of
,2005.
APPROVED:
Mayor, Dean McColgan
ATTEST:
City Clerk, N. Christine Green, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO:
Ord No. -
, Page 3
LIST OF EXHIBITS
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Proposed Code Amendments as Recommended by the Planning Commission.
Staff Report for the March 2,2005, Planning Commission Meeting
Minutes of March 2, 2005, Planning Commission Meeting
Letter from Bill Foulkes, President of Federal Way National Little League
Draft Ordinance
1:\2005 Code Amendments\PAA Signs\LUTC\PC Rec Staff Report to LUTc.doc/3f8f2005 3:38 PM
Amendments to Federal Way City Code (FWCC) Chapter 22, Article IV, "Nonconformance," and Article XVIII, "Signs"
Planning Commission Recommendation to the Land Useffransportation Committee Page 3
Exhibit 1
Portion of Federal Way City Code
Chapter 22, Article XVIII.
Signs
22-1597 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
(l) Abandoned sign means any sign remaining in place after a sign has not been
maintained for a period of90 or more consecutive days or if the activity conducted on the subject
property ceases for 180 consecutive days.
(2) Administrator means the director of community development or hislher designated
representative.
(3) Animated or moving sign means any sign that uses movement, by either natural or
mechanical means, or change of lighting, either natural or artificial, to depict action to create a
special effect or scene.
(4) Architectural embellishments - Signs means the aesthetic elements of the structure
that includes or encloses a sign. They do not include any copy, text, logos, graphics, or other
elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the
structural elements surrounding or supporting the sign.
(5) Awning means a shelter projecting from and supported by the exterior wall of the
building and are constructed of a noncombustible framework and covered by a flexible or
nonrigid fabric. Awnings can be fixed, retractable, or collapsible. Any structure that extends
above the adjacent parapet or roof of a supporting building is not included within the definition of
awnmg.
(6) Awning or canopy sign means a non-electric sign on the vertical surface or flap that is
printed on, painted on, or attached to an awning or canopy. TIlumination for the awning or canopy
shall be for safety purposes only, and therefore, shall point toward the ground and not illuminate
the canopy. (See also "Marquee sign.")
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Figure 1 - A ,,'ning CJr Canop)' Sign
(7) Balloon means a decorative inflatable device, generally composed of a thin layer of
latex or mylar, into which a gas (typically helium) is inserted in order to cause it to rise or float in
the atmosphere. (See also "Inflatable advertising device.")
(8) Banner means a sign made of fabric or any nonrigid material with no enclosing
framework.
(9) Billboard means permanent outdoor advertising off-site signs containing a message,
commercial or otherwise, unrelated to any use or activity on the subject property on which the
(92004 Code Publishing Co. Page 1
sign is located, but not including civic event signs, signs oriented to the interior of sports fields,
government signs, or instructional signs.
(10) Building-mounted signs means any sign attached to the facade or face of a building
or mansard roof including without limitation wall signs, marquee signs, under canopy signs and
projecting signs.
(11) Cabinet sign means a sign constructed of a box, rigid material, or framework over or .
within which is secured the sign copy, text graphics, or other sign elements. Cabinet signs may
have either interior or exterior illumination.
------
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Figure 2 - Cabinet Sign
(12) Canopy - Building means a rigid, multi-sided structure covered with fabric, metal,
or other material and supported by a building at one or more points or extremities and by colunms
or posts embedded in the ground at other points or extremities. Any structure which extends
above any adjacent parapet or roof of the supporting building is not included within the definition
of a building canopy.
(13) Canopy - Freestanding means a rigid, multi-sided structure covered with fabric,
metal, or other material and supported by one or more posts embedded in the ground.
(14) Canopy sign. See "Awning or canopy sign."
(15) Center identification sign means a building-mounted or freestanding sign that
identifies the name and/or logo of a development containing more than one office, retail,
institutional or industrial use or tenant and which may separately identify the tenants.
(16) Changeable copy sign means a sign whose infonnational content can be changed or
altered (without changing or altering the sign frame, sign supports or electrical parts) by manual
or electric, electro-mechanical, or electronic means. A sign on which the message changes more
than eight times a day shall be considered an electronic changeable message sign and not a
changeable copy sign for purposes of this chapter. A sign on which the changing is an electronic
or mechanical indication of time and/or temperature shall be considered a "time and temperature"
sign and not a changeable copy sign.
(17) City means the city of Federal Way, a Washington municipal corporation, unless the
context clearly indicates otherwise.
(18) Clearview zone means the definition set forth in FWCC 22-1511 et seq. of this Code
for intersection sight distance requirements.
(19) Community service event or civic event means an event or gathering (such as a food
fest, concert, fun run, cultural exhibition, or charitable fund raising event) sponsored by a private
or public nonprofit organization. Sponsoring organizations can include, but are not limited to,
schools, churches, and/or civic fraternal organizations, theater and arts groups, and charitable
organizations. The event may not be primarily for the purpose of selling or promoting
merchandise or services.
(20) Construction sign means a temporary sign identifying an architect, contractor,
subcontractor, and/or material supplier participating in construction on the property on which the
sign is located. Construction signs also include "Coming soon" and "Open During Construction"
SlgnS.
(21) Copy means the graphic content of a sign surface in either pennanent or removable
letter, pictographic, symbolic, or alphabetic fonn.
(22) Directional sign, on-site means a sign giving directions, instructions, or facility
<Çj2004 Code Publishing Co. Page 2
information and which may contain the name or logo of an establishment but no advertising copy
(e.g., parking, exit or entrance signs).
(23) Electrical sign means a sign or sign structure in which electrical wiring, connections,
or fixtures are used.
(24) Electronic changeable message sign means an electronically activated sign whose
message content, either whole or in part, may be changed by means of electronic programming.
(25) Exposed building face means the building exterior wall of a single occupant building
or the building exterior wall of an individual tenant's leased space in a multi-tenant complex,
including the vertical distance between eaves and ridge of a pitched roof above it, used for sign
area calculation for building-mounted signs.
(26) Facade means the entire building front including the parapet.
(27) Festoons means a string of ribbons, tinsel, small flags, or pinwheels.
(28) Flag means any piece of cloth of individual size, color and design, used as a symbol,
signal, emblem or for decoration.
(29) Flashing sign means a sign when any portion of it changes light intensity, switches
on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused
by use of electrical energy or illumination.
(30) Freestanding sign means a sign supported permanently upon the ground by poles,
pylons, braces or a solid base and not attached to any building. Freestanding signs include those
signs otherwise known as "pedestal signs," "pole signs," "pylon signs," and "monument signs."
",..... I
SI JI
HIi ¡ti
-'" .",..
1
Sign
HIIlgti
Figure 3 - Freestanding Sign
(31) Frontage means the length of the property line along any public right-of-way on
which it borders.
(32) Frontage, building means the length of an outside building wall on a public right-of-
way.
(33) Fuel price sign means a sign displaying the price of fuel for motorized vehicles.
(34) Graffiti means the inscription of symbols, weFks, words, or pictures by painting,
spray painting or other means of defacing public or private property.
(35) Grand opening means a promotional activity used by newly established businesses to
inform the public of their location and services available to the community. A grand opening does
not mean an annual or occasional promotion of retail sales or other services, and does not include
<Q2004 Code Publishing Co. Page 3
a change in ownership, remodeling, or other change incidental to the initial establishment of the
business.
(36) Ground-mounted sign means a pedestal sign, pole, pylon, monument sign, or any
sign permanently affixed to the ground.
(37) Government sign means any temporary or permanent sign erected and maintained by
any city, public utility, county, state, or federal government for designation of or direction to any
school, hospital, hospital site, property, or facility, including without limitation traffic signs,
directional signs, warning signs, informational signs, and signs displaying a public service
message.
(38) Height (of a sign) means the vertical distance measured from the highest point of the
sign to the grade of the adjacent street or the surface grade beneath the sign, whichever is less.
(39) Identification sign means a sign whose copy is limited to the name and address of a
building, institution, or person and/or to the activity or occupation being identified.
(40) Identification sign (subdivision) means freestanding or wall sign identifying a
recognized subdivision, condominium complex, or residential development.
(41) Illuminated sign means a sign with an artificial light source incorporated internally
or externally for the purpose of illuminating the sign.
(42) Incidental sign means a small sign, emblem, or decal informing the public of goods,
facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours
of business).
(43) Inflatable advertising device means an advertising device that is inflated by some
means and used to attract attention, advertise, promote, market, or display goods and/or services.
These devices include large single displays or displays of smaller balloons connected in some
fashion to create a larger display.
(44) Instructional sign means a sign which designates public information including,
without limitation, public restroom signs, public telephone signs, exit signs and hours of
operation signs.
(45) Integral sign means a sign displaying a building date, monument citation,
commemorative inscription, or similar historic information.
(46) Kiosk means a freestanding sign, which may have a round shape or which may have
two or more faces and which is used to provide directions, advertising or general information.
(47) Maintenance means the cleaning, painting, and minor repair of a sign in a manner
that does not alter the basic design, size, height, or structure of the sign.
(48) Marquee sign means any sign attached to or supported by a marquee, which is a
permanent roof-like projecting structure attached to a building.
(49) Menu board means a permanently mounted sign advertising the bill of fare for a
drive-in or drive-through restaurant.
(50) Monument sign means a freestanding sign supported permanently upon the ground
by a solid base of landscape construction materials such as brick, stucco, stonework, textured
wood, tile or textured concrete materials harmonious with the materials of the primary structure
on the subject property. (See drawing set forth in FWCC 22-1602(c)(2), Figure 8.)
(51) Multi-tenant complex means a complex containing two or more uses or businesses.
(52) Multiuse complex means the definition of "multiuse complex" set forth in FWCC
22-1.
(53) Mural means a design or representation that is painted or drawn on the exterior
surface of a structure and that does not advertise a business, product, service, or activity.
(54) Nameplate means a non-electric on-premises identification sign giving only the
name, address, and/or occupation of an occupant or group of occupants of the building.
(55) Neon (outline tubing) sign means a sign consisting of glass tubing, filled with neon
gas, or other similar gas, which glows when electric current is sent through it.
(56) Obsolete sign means a sign that advertises a product that is no longer made, a
<92004 Code Publishing Co. Page 4
business that is no longer in operation, or an activity or event that has already occurred, except for
historical signs.
(57) Off-site sign means a sign relating, through its message and content, to a business
activity, use, product, or service not available on the subject property on which the sign is located.
(58) On-site sign means a sign which contains only advertising strictly applicable to a
lawful use of the subject property on which the sign is located, including without limitation signs
indicating the business transacted, principal services rendered, and goods sold or produced on the
subject property, or name of the business and name of the person occupying the subject property.
(59) Person means any individual, corporation, association, firm, partnership, or other
legal entity.
(60) Pedestal means freestanding signs supported permanently upon the ground by a solid
base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or
textured concrete materials harmonious with the materials of the primary structure on the subject
property. Such base shall be equal to at least 50 percent of the sign width. (See drawing set forth
in FWCC 22-1602(c)(1), Figure 6.)
(61) Point of purchase display or sign means an advertisement for an item accompanying
its display indicating only instructions and the contents or purpose of the item (e.g., an
advertisement on a product dispenser, tire display, recycling containers, collection containers, gas
pumps, phone booths, etc.).
(62) Pole or pylon signs means freestanding signs supported permanently upon the
ground by poles or braces of materials such as brick, stucco, stonework, textured wood, tile or
textured concrete materials harmonious with the materials of the primary structure on the subject
property and not attached to any building. (See drawing set forth in FWCC 22-1602(c)(1), Figure
7.)
(63) Political signs means temporary signs advertising a candidate or candidates for
public elective office, or a political party, or signs urging a particular vote on a public issue
decided by ballot in connection with local, state, or national election or referendum.
(64) Portable sign means any sign designed to be moved easily and not permanently
affixed to the ground or to a structure or building. Portable signs differ from temporary signs in
that portable signs are made of durable materials such as metal, wood, or plastic.
(65) Pre-opening sign means a temporary sign which identifies a new business moving
into a new tenant space or building. The sign must include the name of the business and copy
stating the business will open soon (e.g., "Coming Soon..." "Opening Soon...", etc.).
(66) Private advertising sign means a temporary sign announcing an event, use or
condition of personal concern to the sign user including without limitation "garage sale" or "lost
animal" signs.
(67) Private notice sign means a sign announcing a restriction or warning regarding the
subject property, such as, but not limited to, "no trespassing" or "beware of dog."
(68) Projecting sign means a sign, other than a flat wall sign, which is attached to and
projects from a building wall or other structure not specifically designed to support the sign.
@2004 Code Publishing Co. Page 5
DO
DO
0 0
I I
Fi.gure " - Projecting Sign
(69) Public right-of-way means land owned, dedicated or conveyed to the public, used
primarily for the movement of vehicles, wheelchair and pedestrian traffic and land privately
owned, used primarily for the movement of vehicles, wheelchair and pedestrian traffic, so long as
such privately owned land has been constructed in compliance with all applicable laws and
standards for a public right-of-way.
(70) Real estate, off-site sign means a portable or temporary sign announcing the
proposed sale of property other than the property upon which the sign is located and providing
directions to the subject property.
(71) Real estate, on-site sign means a sign placed on the subject property and announcing
the sale or rental of the subject property.
(72) Roof sign means any sign erected, constructed, or placed upon, over, or above the
eaves or on the roof of a building or structure, excluding signs affixed to the face of a mansard
style roof, and which is wholly or in part supported by the building.
(73) Sign means any communication device, structure, fixture, or placard that uses colors,
words, letters, numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or
written copy for the purpose of:
(a) Providing infonnation or directions; or
(b) Promoting, identifying, or advertising any place, building, use, business, event,
establishment, product, good, or service, and includes all supports, braces, guys, and anchors
associated with such sign.
@2004 Code Publishing Co. Page 6
Painted wall designs or patterns which do not represent a product, service, or registered
trademark, and which do not identify the user, are not considered signs. If a painted wall design
or pattern is combined with a sign, only that part of the design or pattern which cannot be
distinguished from the sign will be considered as part of the sign.
(74) Sign area means the entire area of a sign on which colors, words, letters, numbers,
symbols, graphics, graphic design, figures, logos, trademarks and/or written copy is to be placed,
excluding sign structure, architectural embellishments and framework. Sign area is calculated by
measuring the perimeter enclosing the extreme limits of the module or sign face containing the
graphics, letters, figures, symbols, trademarks, and/or written copy; provided, however, that
individual letters, numbers or symbols using a canopy, awning or wall as the background, without
added decoration or change in the canopy, awning or wall color, have sign area calculated by
measuring the perimeter enclosing each letter, number or symbol and totaling the square footage
of these perimeters.
Grocery
I ~rty . SIgn Ar88 I
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"cr
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lax (b-tcI-d+8) = SIgn AnI8 I
Figure 5 - Calcul~ding Sign Area
(75) Sign face means the area of a sign on which the colors, words, letters, numbers,
symbols, graphics, graphic design, figures, logos, trademark and/or written copy is placed.
(76) Snipe sign means a temporary sign or poster posted on trees, fences, light posts or
utility poles, except those posted by a government or public utility.
<92004 Code Publishing Co. Page 7
(77) Temporary sign means a sign not constructed or intended for long-tenn use.
(78) Tenant directory sign means a sign for listing the tenants or occupants and then suite
numbers of a building or center.
(79) Time and temperature sign means any sign that displays the current time and
temperature, without any commercial message.
(80) Under canopy sign means any sign intended generally to attract pedestrian traffic
suspended beneath a canopy or marquee which is at a 90-degree right angle to the adjacent
exposed building face and which contains no commercial messages other than the name of the
business.
(81) Vehicle sign means a sign temporarily affixed or attached to a parked vehicle for the
purpose of advertising a product or service, or providing directions to such products or services.
(82) Wall sign means either a sign applied with paint or similar substance on the surface
of a wall or a sign attached essentially parallel to and extending not more than 24 inches from the
wall of a building with no copy on the side or edges.
(83) Warning sign means any sign which is intended to warn persons of prohibited
activities such as "no trespassing," "no hunting," and "no dumping."
(84) Window sign means all signs located inside and affixed to a window and intended to
be viewed from the exterior of the structure. (Ord. No. 95-235, § 4, 6-6-95; Ord. No. 99-348, § 5,
9-7-99; Ord. No. 99-357, § 5, 12-7-99)
22-1599 Permits.
(a) Pennit requirements. No sign governed by the provisions of this Code shall be erected,
moved, enlarged, altered or relocated by any person without a pennit issued by the city unless
such sign is expressly excluded from this pennitting requirement pursuant to subsection (d) of
this section. An applicant shall pay the pennit fees set forth in the city's fee schedule. No new
pennit is required for signs which have valid, existing pennits and which confonn with the
requirements of this Code on the date of its adoption unless and until the sign is altered or
relocated. Signs which, on the date of adoption of this Code, do not confonn with this Code's
requirements may be eligible for characterization as nonconfonning signs and for nonconfonning
sign pennits under FWCC 22-335.
(b) Pennit applications. Applications for pennits shall contain the name and address of the
owner and user of the sign, the name and address of the owner of the property on which the sign
is to be located, the location of the sign structure, drawings or photographs showing the design
and dimensions of the sign, details of the sign's proposed placement and such other pertinent
infonnation as the administrator may require to insure compliance with this Code.
(c) Pennit expiration and inspection. All sign pennits expire one year from the date of
issuance. If no work was initiated to install or construct any part of the sign, the pennit for such
sign expires six months from the date of issuance. All signs for which a pennit was issued must
receive a final inspection for compliance with applicable requirements. It is the responsibility of
the applicant to provide access for inspection.
(d) Pennit exceptions.
(1) Maintenance and operation. A sign pennit is not required for maintenance of a sign or.
for operation of a changeable copy sign and/or an electronic changeable message sign.
(2) Exempt signs. A sign pennit is not required for the following signs or modifications
to signs; provided, however, that such signs shall comply with all of the following requirements:
a. Address identification with numbers and letters not more than 10 inches in height.
b. Balloons no greater than 18 inches in diameter and no more than five balloons per
display with a tether no longer than 36 inches. No more than two displays are pennitted per site.
c. Barber poles.
d. Construction signs, so long as such signs are limited to two signs per project and
each sign does not exceed 32 square feet per sign face and 10 feet in height. Construction signs
@2004 Code Publishing Co. Page 8
shall not be displayed prior to issuance of a building permit and shall be removed prior to the
issuance of a certificate of occupancy. One "Coming Soon" or "Open During Construction" sign
per site entrance is also pennitted.
e. Directional signs, on-site. Each sign shaUnot exceed four square feet in sign area if
the directional sign is indicating one direction and shall not exceed eight square feet in sign area
if such sign is indicating more than one direction. Each sign may be no more than five feet in
height. No more than two signs per street frontage are permitted for multi-tenant complexes.
Single-tenant properties shall be reviewed on a case-by-case basis. Center or complex names or
logos shall not comprise more than 20 percent of the total sign area.
f. Flags of any nation, government, educational institution, or noncommercial
organization. Decorative flags without corporate logos or other forms of advertising are also
excluded from permit requirements. All flags must be a minimum size of five square feet unless it
is a national or state flag and the official national or state flag is less than five square feet in size
but not larger than 40 square feet in size.
g. Fuel price signs. Signs shall be located on the property where fuel is sold, shall be
limited to one monument sign per street frontage not exceeding five feet in height and sign area
shall not exceed 20 square feet per sign face.
h. Gravestones or other memorial displays associated with cemeteries or
mausoleums.
i. Historical site plaques and signs integral to an historic building or site.
j. Holiday decorations displayed in conjunction with recognized holidays.
k. Incidental signs attached to a structure or building, providing that the total of all
such signs per use or business shall not exceed two square feet.
1. Instructional signs that do not exceed six square feet in area per sign face.
m. Integral design features when such features are an essential part of the architecture
of a building (including religious symbols) and when such features do not represent a product
service, or registered trademark.
n. Integral signs when no more than one per building.
o. Interior signs located completely within a building or structure and not intended to
be visible from outside the structure, exclusive of window signs.
p. Menu board not to exceed 32 square feet per sign face and a maximum height of
five feet (two permitted per site).
q. Nameplates not to exceed two square feet per sign face.
r. Nonblinking small string lights which are part of decoration to be used in
association with landscaped areas and trees.
. s. Point of purchase displays. Point of purchase signs are limited to two square feet in
area and one sign per point of purchase. Such signs shall only display instructional or price
information and shall not include copy pertaining to. any special sale or promotion. Point of
purchase display signs shall be permitted in conjunction with an outdoor use, activity, or storage
as authorized under Article II, Division 8 of this chapter.
t. Political signs so long as the maximum area per sign is limited to six square feet.
No political sign shall be displayed later than seven calendar days after a final election.
u. Private advertising signs. The sign shall be limited to eight square feet per sign
face and five feet in height, the sign must be immediately removed at the end of an event, use or
condition, the sign must contain the address of the event or advertiser, and there shall be no more
than six such signs advertising an event.
v. Private notice signs.
w. Real estate signs.
1. Off-site. The number of off-site real estate signs shall be limited to six per
property per agent; provided, however, that there shall be a minimum separation of 200 lineal feet
between such signs. The area of such signs shall be no greater than six square feet per sign face.
@2004 Code Publishing Co. Page 9
All off-site real estate signs must be removed each day at the conclusion of the open house or
other sales event and are permitted only between sunrise and sunset when the seller or the agent
are in attendance at the subject property.
2. On-site. The number of on-site real estate signs shall be limited to one per
agent per street frontage or public entrance if no street frontage exists. For dwelling units, the area
of the sign shall be no greater than six square feet per sign face. For other uses and developments,
the size shall not exceed 32 square feet per sign face. All on-site real estate signs must be
removed when the sale closes, or in the case of a rental or lease, when the tenant takes possession.
x. Temporary. business signs for temporary business defined by FWCC 9-386;
provided, however, that each licensed temporary business is only allowed two signs of 16 square
feet per sign face. If only one sign is used, that sign may be 32 square feet per sign face.
y. Under canopy signs not exceeding the width of the canopy and eight square feet in
size; and provided, that a minimum separation exists between such signs equal to 20 lineal feet or
more.
z. Warning signs.
aa. Window signs not exceeding 25 percent of the window area only to advertise
products, goods or services for sale on site, business identification, hours of operation, address,
and emergency information.
bb. Signs on sports field fences not exceeding 32 square feet per sign that are
securely attached to the fence, are not protruding above the fence line, and are oriented to the
interior of the field.
(e) Temporary and special signs. No permit for any sign for any civic event, community
service event, special sale/promotional event, grand openings, mural display or scoreboards shall
be used unless such sign complies with the sign type, maximum number, maximum sign face
area, maximum height, location, duration and all other allowances and limitations for those uses
described in Table 1, "Allowances for Temporary and Special Signs - Permit Required."
(f) Government signs. The location, number, and content of signs used to identify
government facilities must comply with the standards for commercial signs in that zone and be
appropriate to the use. All signs must be approved by the city. Street and traffic signs are
excluded from these requirements.
(g) Residential zone signs. No permit in any residential zone shall be issued for any sign
unless such sign complies with the sign type, maximum number, maximum sign area, maximum
height, location, duration and all other allowances and limitations for those uses described in
Table 2, "Sign Allowances for Residential Zones - Permit Required."
(h) Sign registration. No person shall maintain a sign in the city without first having been
issued a proper and current sign registration unless the sign is expressly exempt from such
registration requirements. All signs exempt from the permitting requirements set forth in this
section shall be exempt from the registration requirements. The sign registration shall be issued in
connection with a person's business registration pursuant to FWCC 9-29 or issued after the city
has independently obtained the dimensions of the sign and other necessary information. Sign
owners or users who, on the date of adoption of this Code, have current business registrations are
not required to apply to register their signs until the next renewal of their business registration. A
sign registration shall be valid until such time as the applicant alters the sign in any way, in which
case the applicant will be required to apply for a new sign registration and sign permit. No permit
fees will be charged in connection with such sign registrations. The city will assign a registration
number to each sign upon issuance of the business registration and approval of a sign registration
application. The city shall affix the registration sticker containing the registration number to the
face of the permitted sign. Upon issuance of a registration, the city will advise an applicant if
his/her sign is in compliance with this Code, is a legal nonconforming sign pursuant to FWCC
22-335, or an illegal nonconforming sign pursuant to this Code.
(i) Bond. The city may require a bond under FWCC 22-146 et seq. to ensure compliance with
@2004 Code Publishing Co. Page 10
~
CITY OF ~
Federa I Way
Exhibit 2
STAFF REPORT TO THE PLANNING COMMISSION
Amendments to Federal Way City Code (FWCC) Chapter 22, Article XVIII
Sign Regulations .
Planning Commission Meeting of March 2, 2005
I.
BACKGROUND
The current Federal Way City Code (FWCC) does not have a provision for advertising on fences
surrounding sports fields. The City has taken the position that absent regulations, outside advertising
is not permitted. Both the Little League Organization and the City of Federal Way Parks Department
have requested that a code provision be reviewed. The City Council placed this item on the 2004
Planning Commission work program on March 2, 2004. This code amendment proposal will address
this issue and offer an option where advertising is oriented to the interior of the field (see Exhibit 1,
FWCC Chapter 22, Article XVIII, "Signs").
The Issue
The City has a number of outdoor playfields that belong to private, non-profit organizations (i.e. Little
League), the Federal Way School District, or the City itself. One of the ways that these organizations
have historically been able to generate revenue for the maintenance of these facilities is to sell
advertising and post that advertising on fences.
When the City adopted its sign regulations in 1990 and amended the regulations in 1995, one of the
primary goals was to improve the aesthetic quality of the City. To this end, billboards (FWCC Section
22-1600) and off-site advertising were prohibited. However, the FWCC does provide a permit
exemption for interior signs that are located within a building and are not intended to be visible from
outside the structure (FWCC Section 22-1599[d][2][0]).
The lack of clear code direction on this issue prevents the City from advertising at the sports fields in
Celebration Park and was recently raised as a nonconforming issue with an expansion at the Federal
Way Little League Fields.
II. DISCUSSION OF PROPOSED CODE AMENDMENTS
The inconsistency of the existing code is that product advertising within a gymnasium is permitted
under the FWCC sign permit exemptions for signs entirely within a building, but product advertising
at an outdoor event is prohibited as an off-site sign. As long as the advertising at an outdoor playfield
is oriented to the interior of the field rather than adjacent public rights-of-way or neighboring
properties, these signs should not be detrimental to the general public or to other properties.
The suggested size for these signs is no greater than 32 square feet per sign. This allows for a variety
of sizes up to 32 square feet. A four by eight-foot sign is a standard used in many ball field contracts.
Suggested language is to exempt these signs from a permit as long as the signs are maintained and are
not oriented to adjoining streets or property.
III. STAFF RECOMMENDATION
Staff recommends that the following code amendment be recommended for approval to the City
Council:
A code amendment be adopted that exempts from sign permits advertising at sports fields
up to 32 square feet in size, as long as they are oriented to the interior of the ball field, do
not extend beyond the height of the fence or enclosure, and are securely fastened to the
fence or enclosure. Drafted Code language is in Exhibit 1. New language added is
underlined.
All signs must be maintained in good repair per FWCC 22.1600 (5).
IV. REASON FOR PLANNING COMMISSION ACTION
FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria for
zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission
is as follows:
1. To review and evaluate the zoning code text regarding any proposed amendments.
2. To determine whether the proposed zoning code text amendment meets the criteria
provided by FWCC Section 22-528.
3. To forward a recommendation to City Council regarding adoption of the proposed zoning
code text amendment.
V.
DECISIONAL CRITERIA
FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes
the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section
22-528. The City may amend the text of the FWCC only if it finds that:
1.
The proposed amendment is consistent with the applicable provisions of the
comprehensive plan,
The proposed FWCC text amendment is consistent with the following Federal Way
Comprehensive Plan (FWCP) goals and policies:
BalI Fields Sign Amendments
Planning Commission Staff Report
March 2, 2005
Page 2
EDP21
The City recognizes the importance of cultural and recreational activity
to its economy and through the Arts Department and Parks Department
will pursue joint ventures with private groups and individuals in
developing cultural and recreational opportunities.
EDP22
The City will encourage the expansion of existing and development of
new multipurpose facilities to host cultural and recreational activities.
The FWCP recognizes the importance of recreational facilities for the growth of the Federal
Way economy and quality of life for its citizens. Enabling these facilities to create the revenue
for maintenance and improvements is consistent with the FWCP.
2.
The proposed amendment bears a substantial relationship to public health, safety, or
welfare.
The proposed FWCC text amendment bears substantial relationship to the public health, safety,
and welfare because it provides an opportunity for local non-profit groups, the School District
and the City to create the revenue stream to sustain recreational opportunities for its citizens.
3.
The proposed amendment is in the best interest of the residents of the City.
The proposed FWCC text amendment is in the best interest of the residents of the Citý because it
facilitates funding for maintenance of recreational fields and programs, while protecting aesthetic
quality of the City.
VI. PLANNING COMMISSION ACTION
Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the
following actions regarding the proposed zoning code text amendments:
1. Recommend to City Council adoption of the FWCC text amendments as proposed;
2. Modify the proposed FWCC text amendments and recommend to City Council adoption of
the FWCC text amendments as modified;
3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or
4. Forward the proposed FWCC text amendments to City Council without a recommendation.
VII. EXHIBITS
Exhibit A - Federal Way City Code Chapter 22, Article XVIII, "Signs"
Ball Fields Sign Amendments
Planning Commission Staff Report
March 2, 2005
Page 3
EXHIBIT .3
CITY OF FEDERAL WAY
PLANNING COMMISSION
March 2, 2005
7:00 p.m.
City Hall
Council Chambers
MEETING MINUTES
Commissioners present: John Caulfield, Hope Elder, Dave Osaki, Dini Duclos, Merle Pfeifer, and Lawson
Bronson. Commissioners absent: Bill Drake (excused). Alternate Commissioners present: None. Alternate
Commissioners absent: Pan Duncan-Pierce, Christine Nelson, and Tony Moore (all unexcused). City
Council present: Mayor Dean McColgan and Council Member Jack Dovey. Staff present: Community
Development Services Director Kathy McClung, Assistant City Attorney Amy Jo Pearsall; Recreation
Coordinator John Hutton, and Administrative Assistant E. Tina Piety.
Chair Caulfield called the meeting to order at 7:00 p.m.
ApPROVAL OF MINUTES
It was m/s/c to adopt the February 16, 2005, minutes as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REpORT
Moved to Additional Business
COMMISSION BUSINESS
Chair Caulfield stated that if there is no objection, the Commission will hold a roundtable discussion with
Mayor McColgan and Council Member Dovey on issues raised at the Commission's annual dinner meeting
held December 8, 2004. Hearing no objection, the roundtable was held.
ROUNDTABLE - Discussion with Mayor McColgan and Council Member Dovey
One issue the Commission has is concern over the role of the Planning Commission. Is it a useful
expenditure of citizen's time to attend a Planning Commission and then a Land Useffransportation
Committee (LUTe) meeting, and finally a City Council meeting, only to see the recommendation of the
Planning Commission overturned? Mayor McColgan and Council Member Dovey explained that the
Planning Commission does play an important role in clarifying issues and obtaining citizen input. Chair
Caulfield suggested, and all at the table agreed, that when a divisive issue comes before the Commission,
K:\P1anning Commission\200S\Meeting Summary 03-02-OS.doc
Planning Commission Minutes
Page 2
March 2, 2005
he or the Vice-Chair will attend the LUTC to communicate the reasoning behind the Planning
Commission's recommendation. In another method of keeping the lines of communication open, it was
agreed that copies of the LUTC minutes that deal with issues that have been before the Planning
Commission will be given to the Commissioners. In addition, the Commission requested that if the LUTC
and/or City Council returns an issue to the Planning Commission, they provide a sense of direction with it.
Commissioner Bronson asked if the City could add the meeting minutes to the website before they are
approved, with a caveat that they are draft. This would provide quicker infonnation to citizens. Mayor
McColgan replied that minutes are not placed on the website until they are approved in case there are
mistakes. However, he will ask if the Law Department can research the ramifications of placing draft
minutes on the website.
The Commission asked ifthere were ways in which they could assist the City Council. The Mayor replied
that improving communication as they discussed earlier will help. He encouraged them to let the Council
know of any issues/ideas that arise from either the Commissioners or citizens (Celebration Park was an
idea from a citizen). Ms. McClung commented that given their knowledge ofthe Federal Way City Code
and Federal Way Comprehensive Plan, they would have much to contribute to studies, open houses,
forums, etc.
They discussed the role of alternates. Mayor McColgan and Council Member Dovey feel that Alternates
are Commissioners in training and want them to participate as much as possible. It was detennined that
Alternates should sit at the dais or the staff area and be encouraged to give public testimony.
Finally, the Commission asked what are the City Council's priorities. Do they have a work program?
Mayor McColgan and Council Member Dovey replied that the goals from the City Council's retreat are
their "work program." The Commission suggested these be placed on the City's website.
PUBLIC HEARING - Signs in Ball Fields Code Amendment
Ms. McClung delivered the staff report. The current code does not have a provision for advertising on
fences surrounding sports fields. Both the Little League Organization and the City of Federal Way Parks
Department have requested that a code provision be reviewed. One of the ways organizations have
historically been able to generate revenue for the maintenance of these facilities is to sell advertising and
post that advertising on fences. The proposed amendment would exempt from sign pennits advertising at
sports fields as long as they meet the size requirement and are oriented to the interior of the field. In
addition, the signs must not extend beyond the height of the fence and be securely fastened and
maintained. The suggested size for these signs (32 square feet) was arrived at by researching what other
cities allow. Ms. McClung noted that the size is consistent with what the City allows for business signs. In
order to be more inclusive, staff recommends replacing the words "ball fields" with "sports fields."
Commissioner Duclos asked if the Parks Commission is aware of this proposed amendment. Staff replied
that they. are not sure and would make sure they are told of the issue. The Commission asked who will
decide upon the fee and who will be responsible for maintenance of the signs? Staff replied that it will be
the responsibility of property owners to decide the fee and enter into an agreement with advertisers for
maintenance of the sign(s). Mr. Hutton commented that in regards to maintenance, the City is considering
light-weight signs that are made from a foam core material that would allow wind to pass through and
would be easy to install and remove. The Parks Department is in the midst of researching a fee that wou]d
be a fair market value and affordab]e. The fees will go to the Parks genera] fund. The department is already
receiving in~uiries from advertisers. The signs would go up when the fields open (which this year is
February 28 ) and come down when the fields close at the end of September.
K:\P1anning Commission\200S\Meeting Summary 03-02-OS.doc
Planning Commission Minutes
Page 3
March 2, 2005
When asked what kind of advertising would be allowed, Ms. Pearsall replied that would be up to the
property owner. If this amendment is adopted, the City would develop a policy on the type of advertising
allowed. Mr. Hutton commented that the Parks Department has researched what types of advertising other
cities allow and it can be considered family friendly.
Ms. McClung read a March 2,2005, letter from Bill Foulkes, President of the Federal Way National Little
League, into the record that was favorable to the proposed amendment. There was no further public
testimony.
It was m/s/c to recommend adoption of the text amendment as proposed, and with the replacement of the
words "ball fields" with "sports fields." The Commission requested that when they are placing the signs,
the Parks Department keep in mind that some people like to be able to observe the game through the fence.
In addition, the Commission suggested that after the first year, the Parks Department review how well or
poorly this program is working.
ADDITIONAL BUSINESS
Ms. McClung provided the Commission with a Permit Activity Update. She noted that she only listed plats
with 10 or more lots and did not include items in the newly annexed areas. An article in the February 23,
2005, Federal Way News cited the number of apartments in Federal Way. That number is inaccurate. She
thinks the reason it is inaccurate is because they used the ZIP code and the ZIP code boundaries
encompasses more than the City of Federal Way. Currently the City has (not counting the newly annexed
areas) 18,377 single-family homes, 13,635 apartments, and 1,200 mobile homes. Ms. McClung also
informed the Commission that the City will start a test pilot this year on a WI-FI (wireless internet) system.
AUDIENCE COMMENT
None
ADJOURN
The meeting was adjourned at 8:15 p.m.
K:\Planning Commission\200S\Meeting Summary 03-O2-O5.00c
RECEIVED
REVISION DATE
MAR 0 2 2005
EXHIBIT A
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Exhibit 5
ORDINANCE NO. -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22
(ZONING) OF THE FEDERAL WAY MUNICIPAL CODE TO
ADDRESS SIGNS ON SPORTS FIELD FENCES. (Amending
Ordinance Nos. 95-235, 99-348, 99-357)
WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly
revised the Federal Way City Code (FWCC) Chapter 22 (Zoning);
WHEREAS, the City of Federal Way finds that the amendments to FWCC Chapter 22 (Zoning)
Article XVIII, "Signs" meets the intent of Chapter 36.70A RCW, Growth Management;
WHEREAS, the City of Federal Way finds that the code amendments relating to signs on sports field
fences are consistent with the Federal Way Comprehensive Plan; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code
amendments relating to frontage improvements on March 2, 2005, and forwarded a recommendation of
approval to the City Council; and
WHEREAS, the Land Use Transportation Committee of the Federal Way City Council considered the
code amendments relating to the sign code on March 21,2005, following which it recommended adoption
of the text amendments; and
WHEREAS, the City Council finds that the code amendments relating to frontage improvements are
consistent with the intent and purpose ofFWCC Chapter 22 (Zoning) to provide for and promote the
health, safety, and welfare of the general public.
Now, THEREFORE, THE CiTY COUNCIL OF THE CiTY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Ord No. -
,Page I
--
Section 1. Findings. After full and careful consideration, the City Council of the City of Federal
Way finds that the proposed code amendments will protect and will not adversely affect the public health,
safety, or welfare.
Section 2. Conclusions.
Pursuant to FWCC Sections 22-216 and 22-528, and based upon the
Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law
with respect to the decisional criteria necessary for the adoption of the proposal:
1.
The proposed FWCC text amendments are consistent with, and substantially implement,
the following Federal Way Comprehensive Plan goals and policies:
EDP2]
The City recogniZes the importance of cultural and recreational
activity to its economy and through the Arts Department and Parks
Department will pursue joint ventures with private groups and
individuals in developing cultural and recreational opportunities.
EDP22The City will encourage the expansion and development of new
multipurpose facilities to host cultural and recreational activities.
2.
The proposed amendment bears a substantial relationship to public health, safety, or
welfare because they will result in revenue streams to assist with maintenance of public
and private recreation programs and facilities.
AND
3.
The proposed amendment is in the best interest of the residents of the City because they
may result sustaining existing recreational programs and infrastructure.
Section 3. Amendment. FWCC, Chapter 22 is amended as set forth in the attached Exhibit 1.
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affinned.
Section 6. Effective Date.
This ordinance shall be effective five (5) days after passage and
publication as provided by law.
Ord No. -
,Page 2
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on
the
day of
,2005.
ApPROVED:
Mayor, Dean McColgan
A TrEST:
City Clerk, N. Christine Green, CMC
ApPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
Ord No. -
, Page 3