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Council PKT 07-05-2005 Special/Regular A Federal Way City Council Meeting AGENDA COUNCILMEMBERS 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 July 5, 2005 1. II. III. 1. II. III. IV. AGENDA FEDERAL WAY CITY COUNCIL Council Chambers - City Hall July 5, 2005 (www.citY(!fJederalway.com) * * * * Study Session - 6:00 l!:!!h CALL MEETING TO ORDER ETHICS BOARD INTERVIEWS ADJOURNMENT Re2ular Meetin2 - 7:00 p.m. CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS a. b. Diversity Commission Appreciation Plaque (outgoing Commissioner) introduction of New Staff/City Manager Emerging Issues/City Manager c. CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING Citizens may address City Council at this time, When recognized by the Mayor, please comeforward to the podium and state your name for the record. PLb'ASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate, (Page 1 (d'2) V. CONSENT AGENDA items listed below have been previously reviewed by a Council Committee olfhree memhers and hrought before fitll Council.f(Jr approval: all items are enacted by one motion. individual items may be removed by a CmmcilmemberftJr separate discussion and subsequent motion. VI. VII. VIII. IX. a. b. c. X. a. h. Minutes/June 21. 2005 Regular Meeting Council Bill #376/French Lake Park Future Plans - Enactment Ordinance Council Bill #377/Commercial Vehicles On-Street Parking in Residential Zoncs - Enactment Ordinance Joint lnterlocal Agreement rcgarding Community Dcvelopmcnt Block Grant (CDBG) Program Nextel Site Lease Area Expansion at Sacajawea Park c. d. e. CITY COUNCIL BUSINESS Ethics Board Appointment CITY COUNCIL REPORTS CITY MANAGER REPORT EXECUTIVE SESSION Property Acquisition/Pursuant to RCW 42.30.110(1)(b) Sale or Lease of Real Estate/Pursuant to RCW 42.30.110(1)(c) Potential Litigation/Pursuant to RCW 42.30.llO(1)(i) ADJOURNMENT ** THE COlJNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND ON THE CITY'S WEBSITE UNDER CITY COUNCIL MEETING AGENDA AND PACKETS-YOl) MAY ALSO E-SVBSCRrBE TO RECEIVE ONGOING NOTIFICATION OF CITY COUNCIL UPDATES (Page 2 qf2) MEETING DATE: July 5, 2005 ITEM#$@~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES CATEGORY: BUDGET IMPACT: ISJ CONSENT o RESOLUTION D CITY COUNCIL BUSINESS o ORDINANCE o PUBLIC HEARING o OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Draft minutes of the City Council regular meeting held on June 21, 2005. SUMMARY/BACKGROUND: Official City COllncilmeeting minutes for permanent records pursuant to RCW requirements, CITY COUNCIL COMMITTEE RECOMMENDATION: Il/a PROPOSED MOTION: I move approval ofthe minutes of the City Council regular meeting held on June 21, 2005. .- . ... -~_. ...0-:=- CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED o DENIED D TABLEDillEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # ST l' reading Enactment reading ORDINANCE # RESOLUTION # REVISED - 05/1012001 Federal Way Ci(vCouncil Regular Meeting Minutes June 21,2005 - Page 1 of 7 FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall June 21, 2005 - 7:00 p.m. Draft Minutes L CALL MEETING TO ORDER Mayor McColgan called the regular meeting of the Federal Way City Council to order at 7:05 p.m. Councilmembers present: Mayor Dean McColgan, Deputy Mayor Linda Kochmar, and Councilmembers Jeanne Burbidge, Jack Dovey, Jim Ferrell, Eric Faison and Mike Parle Staff present: City Manager David Moseley, City Attorney Pat Richardson, and City Clerk Chris Green. II. PLEDGE OF ALLEGIANCE Mayor McColgan called upon Deputy Mayor Kochmar to lead the flag salute. III. PRESENTATIONS a. 30th District Legislators and I Jobbvist/ Appreciation Plaques The City Council recognized State Sen. Tracey Eide, State Representatives Mark Miloscia and Skip Priest, and Lohbyist Doug Levy for their work in getting state funding f()f many projects in Federal Way, such as Ban Woo-Ri Festival, Joe's Creek, Triangle Project, and the West Hylebos Boardwalk Restoration. They reccived plaques in recognition of their work. All four thanked thc Council, staff, and citizens for their help. b. Federal Way Amateur Radio Club/Recognition Plaque Mayor McColgan rccognized the Federal Way Amateur Radio Club for their work on the Greater Federal Way Emergency Operations Center Communications Room. Art Brown was present to acccpt thc award on bchalf ofthe club. Federal Way City Council Regular Meeting Minutes June 21.2005 - Page 20f7 c. Han Woo-Ri Festival Artwork Councilmember Park and Mayor McColgan unvciled the artwork given to the city by Mr. Lee as part of the Han Woo-Ri Festival. d. Diversity Commissioners/Introductions and Certificates of Appointmcnt Councilmember Faison recognized Ron Walker and Antwan Tinsley, who have becn reappointed to the Diversity Commission to three-year terms. Jason Weichcrt was appointed as a full voting commissioner to a three~year term. Christinc Martin and Suzanne Smith were appointed to three-year terms as alternate members. All were present at the meeting to accept their certificates. e. Lehua McColgan/Certificate of Recognition Mayor McColgan recognized his mother, Mrs. Lchua McColgan for her 51 years of servicc to those who have served in the military and other issues affecting senior citizens. Mrs. McColgan was present to receive her certificate. f Introduction of New Staff/City Manager City Manager Moseley introduced Heidi Nordstrom, who is thc City's ncwest Police Recruit. She was unable to attend the meeting. g. Emerging Issues/City Manager City Manager Moseley reported no emerging issues at this time. IV. CITIZEN COMMENT Charity Quirol?:a: Opposes the commercial vehicles ordinance; she and her hushand are commercial truck owners and do not feel that there is a safety issue involved. Amy Hanawalt: She represents the Park Pals organization; they support the proposed French Lake Park Off-Leash Area Code Amendment Ordinance. She presented a petition supporting the ordinance to the Council. Marie Sciacqua, R.c. Keltner, Jcan Atwell: They support the commercial vehicles ordinance. Ms. Sciacqua prescnted a slide show to the Council. Ernest Commodore: He opposes privatization of streets and a proposal to put a gate up in the Campus Estates area. Nancy Combs, Rosemary Weatherly, Kevin Bush: They spoke of their concerns around their residences on 21st Ave. SW, such as car races and large trucks traveling in the area. Federal Way City Council Regular Meeting Minutes June 21, 200S - Page 3 of 7 They requested traffic calming devices such as speed bumps and stop signs to address this Issue. Bene Dagan and Joey Kaye: They reported that the digging toy has still not been repaired, and that overflowing garbage is a problem. They would also like to see the baskcthall hoops temporarily removed, as grafIiti and possibly gangs are problems. They support the change in the score in neighborhood traffic criteria. The water fountain is also plugged; Ms. Kaye's husband has offered to fix it. Robert Roper: City Clerk Green read his statement into the record. Mr. Roper opposes the use of French Lake Park as an off-leash dog park. He also submitted photos of Volunteer and Magnuson Parks in Seattle to the COLUlcil. Kevin Morris: Deferred his commcnts. Paul Eitelhach: He opposes the use of French Lake Park as an off-leash dog park. Rose Moor and Harrell Hurst: Thcy support use of French Lake Park as an off-leash dog park. Council member Ferrell asked about the score and rating of the neighborhood trafllc around 21 s( A vc. City Manager Moseley rcplied that it has gone once or twice before the Land Usc/Transportation Committec, but can be part of the discussion at a future LUTe meeting. The Council directed staff to prcpare a rcport on the issue at the July Isth LUTC meeting. Council also directed staff to look into the graffiti and other issues at Coronado Parle City Manager Moseley also reported that as of today thc City had not received a petition regarding a gate at the Campus Estates neighborhood. V. a. h. c. d. e. f. g. h. 1. .I. k. 1. CONSENT AGENDA Minutes/June 7. 2005 Regular Meeting -Approved Vouchers - Approved Monthly Financial Report! April 2005- Approved Council Bill #373/Setting Salarv for Full-time Elected Municipal Court Judgc - Enacted Ordinance #05-494 Council Bill #374/Proposed Amcndment to VSNL Telecommunications Franchise - Postponed to July 19, 2005 Council meeting Noves Preliminary Plat - Approved Resolution #05-448 Setting Public Hearing for 2006-2011 Transportation Plan (TIP) and Arterial Street Improvcment Plan (A SIP) -Approved Resolution #05-449 Authorizing Resolution for Grant/Wcst Hylebos Boardwalk - Approved Agreement between City of Federal Way and Puhlic Health Seattle-King County for Medicaid Administrative MATCH Program - Approved Steel Lake Park Concession Bid Award -Approved 2005 City Wide Pavement Marking Proiect Bid A ward - Approved Neighborhood Traffic Safety Progranl Criteria Revision - Approved Federal Way City Council Regular Meeting Minutes June 21, 2005 - Page 4 of 7 m. Extension of Term for Current Solid Waste Collection Contract - Approved Councilmember Faison pulled item (e) from the consent agenda. Councilmember Dovey pulled item (1) from the consent agenda. MOTION BY DEPUTY MAYOR KOCHMAR TO APPROVE CONSENT AGENDA ITEMS (a) through (d), (f) through (k), and (m) AS PRESENTED; SECONDED BY COUNCILMEMBER, BURBIDGE. The motion passed as follows: Burhidge yes Koehmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell yes Consent Agenda (e): Council Bill #374/Proposed Amendment to VSNL T elecommunieations Franchise Councilmember Faison reported that the amendment was based on an agreement between Tyco and VSNL. That agreement has been delayed. MOTION BY COUNCILMEMBER FAISON TO POSTPONE CONSENT AGENDA ITEM (e) TO THE JULY 19, 2005 REGULAR MEETING; SECONDED BY COUNCILMEMBER FERRELL. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell yes Consent Agenda (1): Neighhorhood Traffic Safety Program Criteria Revision Councilmember Dovey explained to the public why the City Council is discussing and voting on this issue. MOTION BY COUNCILMEMBER DOVEY TO APPROVE CONSENT AGENDA ITEM (I) AS PRESENTED; SECONDED BY COUNCILMEMBER FERRELL. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes raison yes Park yes Ferre J1 yes Fedeml Way Ci(V Council Regular Meeting Minutes June 21,2005 - Pa/(e 5 (~f 7 VI. INTRODUCTION ORDINANCES a. Council Bill #376/French Lake Park Off-Leash Area Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 4 OF THE FEDERAL WAY CITY CODE TO ALLOW AN OFF-LEASH AREA IN FRENCH LAKE PARK (AMENDING ORDINANCE NOS. 90-30, 92- 153). City Clerk Green read the ordinance title into the record. Council member Dovey requested that language in the ordinance be changed to open park hours later (7:00a.m.) than usual to minimize complaints of dogs barking in the early morning hours. MOTION BY COUNCILMEMBER DOVEY TO AMEND THE COUNCIL BILL #376 BY OPENING THE PARK AT 7:00A.M.; SECONDED BY COUNCILMEMBER PARK. The motion passed as follows: Burbidge yes Kochmar yes Dovey yes McColgan yes Faison yes Park yes Ferrell yes Councilmember Burbidge thanked all of the citizens who submitted public comment regarding this issue. Deputy Mayor Kochmar suggested that natural vegetation be placed around the edges of the park to address neighbors' concerns. MOTION BY COUNCILMEMBER BURBIDGE TO MOVE COUNCIL BILL #376, AS AMENDED, TO SECOND READING AND ENACTMENT ON JULY 5; SECONDED BY DEPUTY MAYOR KOCHMAR. The motion passed as follows; Burbidge Dovey Faison Ferrell yes yes yes yes Kochmar McColgan Park yes yes yes b. Council Bill #377/CommerciaI Vehicle On-Street Parkinf,!/ResidentiaI Zones AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING SECTION 15-82, ARTICLE IV, OF CHAPTER 15 TO PROHIBIT THE PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS (AMENDING ORDIANCE NOS. 90-46, 91-97). City Clerk Green read the ordinance title into the record. Federal Way City Council Reguiar Meeting Minutes June 2/,2005 - Page 6 of 7 Deputy Mayor Kochmar asked for clarification on whether or not commercial vehicles can be parked on the owner's private property (driveway). Traffic Engineer Rick Perez replied that it is already prohibited under the zoning code. Councilmember Dovey spoke in opposition to the amendmcnt; he believes that motor homes should be included as well, and that neighborhood covenants should govern the issue. MOTION BY PARK TO MOVE COUNCIL BILL #377 TO SECOND READING AND ENACTMENT ON JULY 5; SECONDED BY COUNCILMEMBER FAISON. The motion passed as follows: Burhidge yes Kochmar yes Dovey no McColgan yes Faison yes Park yes Ferrell yes VII. CITY COUNCIL REPORTS Councilmember Faison: He attended a meeting on June 5th in the Browns Point neighborhood regarding annexation, which is whyhe had to leave early from the Council meeting that evening. He thanked Planner Isaac Conlcn for his excellent presentation at the meeting. He will attend a meeting of the Puget Sound Regional Council (PSRC) this Thursday in Seattle. The next Finance, Economic Development, and Regional Affairs Committee will he June 28th at 5:30p.m. Councilmember Dovey: The next Land Use/Transportation Committee meeting will take place on July 18th at 5 :30p.m. The July 4th meeting is cancelled due to the holiday. lie, along with five other councilmembers and City Manager Moseley and Assistant City Manager Matheson will be attending the Association of Washington Cities Conference this Wednesday through Friday in Kennewick. Councilmember Burbidge: The next Parks, Recreation, Human Services, and Public Safety Committee meeting will take place July Illh at 5:30p.m. About a week and a half ago she attended a meeting ofthc County's Regional Transportation Committee in Auburn; they were given an update on Auburn's downtown planning, King County-Metro's bus transit allocation. She is asking for public feedhack on peoples' experience with the hus system and what the needs are in the community. On June 91h she attended a meeting of PSRC's Transportation Policy Board; they discussed the relationship of transportation investment and economic development. Deputy Mayo: Kochmar: Earlier toda~, the City held th~ grou~dbreaking ceremo~~ for thc new communIty center. The Red, WhIte, and Blues FestIval WIll be held on July 4 . She recognized the small businesses located at the former Evergrcen Truck Stop sitc, which will soon he the Federal Way Crossings site on S. 3481h St. Councilmemher Park: The Lodging Tax Advisory Committee will he meeting on July 8th at 8:30a.m. Federal Way City Council Regular Meeting Minutes June 21,2005 - Page 7 (~f 7 Councilmemhcr Ferrell: Last Wednesday he attended a mecting of the Suhurban Cities Association (SCA) Public Issues Committee; they discussed issues such as criminal justice, annexation, and solid waste. He also attended SCA's Jail Oversight Assemhly meeting. On June 8th he and Deputy Mayor Kochmar attended a dinner where Attorney General McKenna spoke of plans to address the problem of methamphetamines. Mayor McColgan: He thanked the Korean Parents Association for their efforts in helping , to clean up city parks and the BP A trail. He attcnded the Youth Advancing Leadership graduation; the program teaches skills and performs community projccts in the Federal Way community. On Saturday at the King County Aquatic Center he attended an event to recognize those who have served our country in the military. The Comcast Local Edition channel will be doing a feature on Federal Way that will be airing shortly. VIII. CITY MANAGER REPORT The Red, White, and Blues Festival takes place on July 4th at 4:00p.m., with the fireworks show to start at 10: 15p.m. Police evidence has bcen movcd to the new building across from city hall. Of11cer Terry Wilson, who serves as a School Resource Officer, was voted by the students to be a commcncement speaker at one of the local high schools in Federal Way. City Manager Moseley also congratulated Thomas Fichtner, who scrves as an intcrn in the City's MIS division, for his graduation from DeVry University in Federal Way. IX. EXECUTIVE SESSION a. b. Collective Bargaining/Pursuant to RCW 42,30.140(4)(a) - cancelled Property Acquisition/Pursuant to RCW 42.30.11 O( I )(b) - cancelled To consider Sale or Leasc of Real Property/Pursuant to RCW 42.30.110(1)( c) - added c. The Council recessed into executive session at 9:00p.m, with an expccted duration of approximately one hour. The Council returned to chambcrs at 9:30p.m. x. ADJOURNMENT There heing nothing further to discuss, Mayor McColgan adjourned the regular meeting of thcFederal Way City Council at 9:30p.m. N. Christinc Green, CMC City Clerk MEETING DATE: ~. S;_~C~ ITEM# ,~ CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: French Lake Park - Future Plans CATEGORY: ~CONSENT o RESOLUTION o CITY COUNCIL BOSINESS BUDGET IMPACT: t2l ORDINANCE o PUBLIC HEARING o OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Committee action form dated June 6, 2005; French Lake Park - Future Plans, Ordinance Amending Nos. 90-30,92-153 " """"""."."'........................................................""""",,"'.."'..,.,..........................................................""".,,"',"''''........................................................................"...""""'.."""..."..,................................................................................................................................................",,,,,,,...."',,,,.....,,.............,..,...,............................................................... SUMMARY/BACKGROUND: City staff and elected officials havc becn contacted by residents who arc intcrested in secing French Lakc Park more fully developed into a ncighborhood park sooner than is identified on the Park Capital Improvcment Plan (2009-2010). Many residents have spoken in favor of using French Lake Park as an off~leash site for dogs, and have offered to establish a group that would help to steward the property, so that the off-leash use might be more acceptable, and possibly reduce cost to the City. Friends of French Lake Park were concerned that having dogs off- leash was not compatible with their vision of this space for a neighborhood park. Staff discussed the planning process that will be starting soon for updating the six~year Parks, Recreation and Open Space Plan. This is an opportunity for exploring the demand for an off-leash facility city-wide and determining the best location for one, if sufficient demand exists. This will also give us the opportunity to work with Lakchaven Utility District to more fully understand their future plans for their adjacent parcel. "".,..,.......mmmmmmmmmmmmm............",....."".,.",...'..mmmmm....................................,..""".",""""m..'.......................mm..........................""",."."...............'m......m............................................mm.........................................".",....".,."".,...,.,.""""..".."...............'..mm..................................:.............mm............m..mmm...m...................,.,.,....,.."""",.", CITY COUNCIL COMMITTEE RECOMMENDATION: Allow off-leash use of French Lake Park on a trial basis during the interim for a period of] 2 months, while the Park Plan is being prepared. Have this matter forwarded to full Council on June 21, 2005 and forwarded to Parks and Recreation Commission at their August 4 meeting. Toward the end of that period, and in concert with the Park Plan, conduct an analysis of whether this trial has been successful, and whether the use should be continued, discontinued, or moved to another location. mmm.............mmmmmmmmmm'.............""'?1ii/~j~~~q'- PROPOSED MOTION: "I move the proposed ordinanc~ second reading and approval at the next regular meeting on JUIY5,200~_._ ...~_~.~ ~ CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFJ<1CE) COUNCIl, ACTION: D APPROVED COUNCIL BILL # .32 0 D DENIED D. T ABLED/DEFERRED/NO ACTION )(~ ~ :'~;PG (u,"inuna, only) REVISED - 05/1012601 1- 0 -'" .---.. .......... 1ST reading ~k~5-- Enactment reading ORDINANCE # RESOLUTION # DRAFT <P/~ 7/0S-- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 4 OF THE FEDERAL WAY CITY CODE TO ALLOW AN OFF- LEASH AREA IN FRENCH LAKE P ARK. (Amending Ordinance Nos. 90-30,92-153) ~ /' /7 ~~/- ~ WHEREAS, Chapter 4 of the FederaI Way City Code (FWCC) currently prohibits dogs from running at large within the City; and WHEREAS, during the June 13th Parks, Recreation, Human Services and Public Safety (PRHSPS) Committee meeting, City Council members heard from several residents who currently use French Lake Park as an unofficial off-leash area to exercise their dogs; and WHEREAS, the PRHSPS Committee, after hearing several residents testify, recommended that the Full City Council allow on off-leash use of French Lake Park on a l2-month trial basis while the Parks Department updates the six-year Parks, Recreation and Open Space Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 4, Article V, Section 4-147 of the Federal Way City Code is amended as follows: 4-147 Running at large. (a) The owner or keeper of a dog shall not permit such dog to run at large within the city. A dog is running at large and is a nuisance even if the dog is accompanied by the owner or custodian, if it is not secured by a leash. The only allowable exccption~ to this section tsare whenfe an owner or ORD# , PAGE I custodian is training or exerci~iD.Ka dog on his or her own propertY~-Bf on the property of another person with the permission of the owner ofthe propertY~--Bf on public property designated to allow dog competition sanctioned by national organizations, or in the designated ofT-leash area withi11 French Lake Park prior to August I, ;2006. The hours of French Lake Park during this interim period shall be 7:00 a.m. to dusk. (b) Any domesticated animal, whethcr licensed or not, which runs at large in any park other than thc designated off-leash area within French Lake Park prior to August 1, 2006, or enters any public beach, pond, fountain or stream therein, or upon any public playground or school ground is declared to be a nuisance. This subsection shall not prohibit a person fTOm walking or exercising an animal in a public park or on any public beach when such animal is on a leash, tether or chain not to exceed cight feet in length. This subsection shall not apply to any blind person using a trained seeing-eye dog, animal shows, exhibitions or organized dog-training classes where at least 24 hours' advance notice has been given to the animal control authority by such persons requesting to hold such animal shows, exhibitions or dog-training classes. 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 thc effective date of this ordinance is hereby ratified and affirmed. ORD# , PAGE 2 Section 4. Effective Date. This ordinance shall be effective five days after its passage, approval and publication 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, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: ACCEPT ANCE: K:\ordinance\1005\inlerim ofT leash amend- French Lk ORD# , PAGE 3 5.f\ CITY OF FKDKRAL WAY CITY COUNCIL COMMIT'I'EE S'fAFF REPORT DATE: TO: VIA: FROM: June 6, 2005 Parks, Recreation, Human Services & Public Safety Committee David MOSe!~nager B Sanders, Park Planning & Development Coordinator SUBJECT: French Lake ]>ark-.--Future Plans Policy Ouestion What kind of development should be planned for French Lake Park, and when should funding and development be pursued? Backe:round City staff and elected officials have been contacted by residents who arc interested in seeing French Lake Park more fully developed into a neighborhood park sooner than is identified on the Park Capital lmprovcment Plan (2009-2010). At their request this item was placed on the Parks and Recreation Commission agenda for discussion and review of the history of ownership on the property on June 2, 2005. A chronology and maps of the site are attached. Approximately 30 residents who have been using this park as an off-leash site for dogs attended the mecting. Many spoke in favor of allowing this use, or further development of the park that includes an off-leash space. Several offered to establish a group that would help to steward the property, so that the off..leash use might be more acceptable, and possihly reduce cost to the City. The Friends offrench Lake Park were concerned that having dogs off-leash was not compatible with their vision ofthis space for a neighborhood park. Staff discussed the planning proccss that will he starting soon for updating the six-year Parks, Recreation and Open Space Plan. This is an opportunity for exploring the demand for an off- leash facility city-wide and determining the best location for one, if sufficient demand exists. This will also give us the opportunity to work with Lakehaven Utility District to more fully understand their future plans for their adjacent parceL The Parks Commission liked this idea, but still felt that we needed a more immediate response. Options l. Explore the full development potential of French Lake Park as a neighborhood parle Evaluate the demand for all off-leash dog facility and the suitability of French Lake Park and other locations for this purpose during the planning process for the Parks, Recreation 1 ~-\ and Open Space Plan. Do not allow off-leash use until a conclusion is produced from the planning effort. ~ .I').l..<"<;/"'\.~J .t': r ...... \~ 2... rt"'0<- ,,",. o-f \ 2. Allow off-leash usc of French Lake Park on a trial basis during thc interim while the Park Plan is being prepared Toward the end of that period, and in concert with the Park Plan, conduct an ana YS1S ofwhcther this trial has been successful, and whether the use should be continued, discontinued, or moved to another location. ~ T\.{,S fY't...-\-\u -FO\~--rJ..iL..A ~ -fv...\\ ~,\ o.,'~~z..\ 3. Take no action at this timc. Zct.S ~ ....r~\~....,..'"l.et.~ \-0 :rG-r~5 ~/>.. i4LL.(Ea~+'v...", ~'Y"of"Y"\6':i10~ ('\. \- \kGr f\,,-"-\v..-"'")t- l.\ YY\te.-tw~ - Staff rccommcndation <...) I,,~ Staffreeommends Council suppOli Option 2 and return this item to the Parks and Recreation Commission for their input at their next meeting (August 4), since the concept of interim off- leash use was not discussed with them. With Parks Commission support, Staff recommends placing this item before Council on August 15 or September 5, 2005. Committee recommendation Forward option. 2. to the: v Parks & Rccrcation Commission on August 4 Full City CounciJ for approval on A-ttgllS'. Ij or 8eptt::'lllhe,H, 2005. .,.....".......-.-.-- --- - ,~~~~~~!::\1l:.~"?=~.====~-===------_.._-- .- ~~.:...:=.:::::::;;::.:.;:=..:.;.:~~=::=..:;:.=' ::::=-~'::",:::::=::-= v 2 ~-2. Chronology of Events French Lake Park January 15, 1991 Purchase and Agreement for Joint Ownership of Property-City of Federal Way, Lakehaven Utility District, and the Federal Way Fire District . Each party has right to the non-exclusive occupation and use of the entire parcel . City owns )12 interest . Parties agree to develop a Master Use Plan February 26, 1991 Master Plan . City entered into an agreement" with the Beckwith Consulting Group in the amount of $5,903 for preparation of a Master Plan. Intent of the Master Plan was to address the future ownership and use of the entire parcel. (Note: The master plan is now largely out of date, as it was based on the site being developed as a single property, with potential use by the three parties.) September 8, 1997 Letter from King County Fire Protection District No. 39 . Lakehaven Utility District is pursuing purchase of Fire District's interest in the "Golfun" property November 17, 1998 Agreement for Division of Real Property . Property is divided between the City and Lakehaven into separate parcels, each equaling 4.68 acres January 6, 2000 Agreement for Maintenance of Real Property- between the City and Lakehaven . Parties will share equally the cost of maintaining the parking lot. . Both parties are entitled to use the entire parking facility . District agrees that portions of their property (Parcel B) may continue to be used by the public as a park. The City agrees to perform maintenance, including mowing and litter removal on the portion of Parcel B used as a park. Lakehaven may revoke authority for public use of any or all of Parcel B for park purposes with 30 days notice. ~-3 DATE ACA 0 No. S 88'53'01 M E .381.92' 34~2;- 40' 276.47"7""' PARCEL 8 PARCEL A LAKEHAVEN UTILITY 015T. CITY OF FEDERAL WAY I 4-.68 ACRES 4.68 ACRES I T tl N.T.S_ I) ~ w ~I <0- I"")N - I"") v . om - ""' - <D 0 z, E z , i. vi I w ::> Z w > <{ E ,..: '" ..J "'"'" cg u 364.81' N 88-48'01 n W ~ POINT OF BEGINNING EXHIBIT A 11- J J -98 1464-5RV T H @ T 720 $, D.} St.. Sle. 200 Federol way. \'/A 98003 253 833-6202 EAR E C H f\-Y Print Map Page @King County _____ {(; J.SW_"to:r.~:L..1 . .... 1H$1/ CQmm'ints -1 lh3:3 o ::iran Parcel Number Address Zipcode Taxpayer 0721049017 31627 1ST AV S 98003 LAKE HAVEN UTILITY DISTRICT The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied. as to accuracy, completeness, timeliness, or rights to the use of such information, King County shall not be liable for any general, special, indirect, incidental. or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site The details. P\-5 http://www 5.m etrokc. gov /parcelvi ewer/Print. Process . asp - Page 1 of 1 5/31/2005 Page 1 of 1 Donna Hanson - French Lake Park-Tonight's meeting __IT ::;<'~~f*i:WZfi 41ft.' i 1 ,)tw=tt=twmWt4#t%m$i..we.i.\W;M;MWM.m_~wmr~' ~~1>'~mw~~~"'l:m:>:^ rnifl Date: Subject: CC: "Sally" <airehedz@comcasLnet> <j cann c. b urbi d gc@cityoffcdcralway.com>, <j ack. dovey@cityoffcdcralway.com>, <j im. ferrel l@eityoffedcralway.com> 6/2/2005 9:42 AM French Lake Park-Tonight's meeting "Raj Basi" <rbasi@Suquamish.nsn.us> From: To: Parks/Recreation/Human Services & Public Safety Committec Members: We request that the attached letter be read and entered into the Park Commission mccting that is being held tonight, June 2, 2005. Somc ofthe conccrned users of French Lake Park will attend the meeting. Sincerely, Sally & Harrell Hurst F\ - f.a fi le:/ /C: \Documents%20and %20Settings\defauI t \Local %20Scttings\ Temp \GW} 00002.HTM 6/212005 Page l of 1 Donna Hanson - french Lake Park iIlIlI ~I' 'm ~rUi~ HltHii,lIi ~ WfMj<'JiN'HlftH' _ tllii Yi'_" llgr lJ nnL from: To: Date: Subject: "Linda Hickling" <hicksandhickling@peoplepc.com> " Jeanne Burbidge" <jeanne.burbidge@cityoffederalway.com> 5/31/2005 6:55 PM French Lake Park Dear Ms. Burbidge: I am a local citizen who uses French Lake Park on a daily basis to exercise my dogs. French Lake Park has been a wonderful blessing to me because of the support of other responsible dog owners who also frequent the park: We clean up after our dogs and use the opportunity to teach socialization to our pets. Responsible dog ownership is fostered, and useful tips and information is shored among the owners. Most of all dogs get to hang out with their doggy friends and get much needed exercise. French Lake Park has been an "unofficial" dog park for several years I'm told. We have been using the park regularly for the lost two years, and we go year 'round. ( Dogs need exercise in winter OS well as the really nice sunny days.) I want to request that French Lake Park be set aside as an official off-leash park--which in my view is its highest and best use at this time. The only other dog park in the region is the Grandview Park. For me, Grandview is not satisfactory due to distance to travel, and it is frequented almost exclusively by owners with large breed dogs. My dogs are small (under 20 Ibs) and we always find some other small dogs at French Lake which ore suitable for our little dogs to play with. The City of Federal Way needs at least one park where dog owners can take their dogs and not be a disturbance to others who ore wonting park use without dogs. We already have plenty of those. Please share my letter with other council members. Thank you for your kind attention to this matter. Sincerely yours, Lindo L. Hickling i 0 Add FUN to your emsil . CLICK HERE! I 1\-, fi Jc:/ /e: \Doeuments%20and %20Scttings\defau1t\lJoeaI %20Sctiings\Tcmp \GW} 00003 .HTM 6/2/2005 TO: Members, City of Federal Way Parks, Rccreation, Human Services & Public Safety Council Committee Responsible Dog Owners Who Routinely Visit French Lake Park French Lake Park Re-Designation May 31, 2005 FROM: RE: DATE: Dear Committee Memhers: The undersigned residents of Federal Way have recently (yesterday) become aware that the City has had some complaints about the use of French Lake Park and is considering re-designating its use. Recognizing the City's excellent record in soliciting public input on issues before it, we urge you to post notice inside the park, where it will be most effective in reaching appropriate parties, whenever the City intends to debate the future of the Park. We further urge you to post notices early in the scoping process. Re-Designation of French Laketark As the most frequent users of the park, we urge you to consider re-designating the park an offleash pet area. There is currently no designated off-leash park in the Federal Way Park system. Unlike many of the other parks in the Federal Way system, French Lake park is perfectly suited for this use. It is completely contained byJencing and is one of the smallest parks in the city system, so its designation as an off-leash area will serve three important functions: (1) creating an off-1cash park in a city currently lacking such parks; (2) minimizing the park area under off-leash designation, and: (3) continuing a tradition of providing the park as a recreation and socialization area for responsible pet owners. According to the City of Federal Way website, the City has 28 developed and 19 open space parks totaling 826 acres ofJand. In addition, there arc nearly 3.5 miles of trails. As mentioned above, nonc of the city parks or trails currently include off-leash areas wherc dogs may chasc frisbees or otherwise socialize with their owners or other dogs. By contrast, the Metropolitan area of Seattle offers its citizens 9 separate off-leash areas. As dog owners who use French-Lake park on a daily basis, we request that the City of Federal Way respond to the needs of its citizens and designate French Lake Park an off- leash area. StewardslllQ Should the City deem it necessary, wc are willing to help create a stewardship program for an off-leash area, much like Citizens for Off-Leash Areas, a non-profit citizens group, did when it entered a formal agrecmcnt for the same with the City of Seattle. (I.or more information, please visit the Citizens for Off-Leash Areas website at www.eoladog.org). We believe that providing an off-leash area in the Federal Way Park system would contribute to a healthy lifestyle, encourage active community members, and reinforce all the things that make Federal Way a great community. It also would bring in people from beyond the City's houndaries, as the park already does. Many people who have moved ~-B away from Federal Way continue to use the park becausc of its friendly social atmosphere. They bring business to our community and strengthen its tics with nearby communities. 1Qg~9.Y of Jl~~ As mentioned above, French] .ake park has been used for years by responsible pet owncrs. This may be due to its proximity to scvcral major apartment complexes where pets are not afforded the luxury of private yards. It may also be due to the fact that pet owners have been coming here for years and the large group of pet owners who come hcre daily has consistently expanded by word-of-mouth at Churches, businesses, and social gatherings. We should draw the Council's attention to the fact that the vast majority of current users are responsible pet owners, in full control of their pets, and diligent about depositing their pets' fcces in garbagc containers provided at the entranCe. In the years we have been using the Park, we are not aware of any serious incidents such as dog bites or other injuries, either to pet or human. Owncrs routinely leave extra plastic bags for other owners who may have forgotten or run short of bags to dispose of their pcts' feces. We have organized picnics and events whcre we canvas the park to clean it of fecal matcrial that others have ncglected to remove. As mentioned above, we are willing to help transform our concern into a more fonnal stewardship program, should the Council deem it advisable. DangerlNuisanee to non Pek:Owners Recent comments on the commission's administrative record indicate concern over French Lake Park being used as an off-leash park. Comments indicate concerns that a person might be bitten by a dog and that any such incident might expose the city to some sort ofliability for not enforcing the leash ordinance. While the city is highly unlikely to be the victim of sueh a nuisance suit, it may actually be in a better position to defend itself by designating the park an off-leash area. A dog owner in Washington whose dog bites a person "while such person is in or on a public place...shall be liable for such damages as may be suffered by the person hitten, regardless of the former viciousness of such dog or the owner's knowledge ofsueh viciousness." RCW 16.08.40. Owners are thus strictly liable for damage caused hy their pets, and the City has an appropriate defense. By placing signs requiring leashcs, however, the City probably does have a duty to enforce the leash law, and thus could possibly be sued by a victim of an aggressive dog. A duty, after all, has much to do with the concept of foreseeability. Schneider v. Strifert, 77 Wn.App.58 (1995). By designating French Lake an off-leash area, however, the City would post signs to the effect, warning users that dogs are routinely off-leash. This could actually minimize the City's duty to police the area by providing additional notice and warning and, thus, reducc its exposure to lawsuits over enforcement, if, indeed, the City Council is worried about such things. (\-~ Presence at Next Council MQ.Qling At least one ofthe undersigned residents will be present at your meeting June 2. Any such residents will be pleased to answer questions about this Ictter or our frequent use of French Lake Parle Please cnter these comments on the formal administrative record for the June 2 meeting of the Parks, Recreation, Human Services & Public Safety Council Committce and add the following Emai] addresses to any mailing lists which concern French Lake Park. We intend to make other users of the park aware of the Council's consideration and expect to have more input in the coming weeks. 'Thank you for your consideration. Sincerely, Concerned users of Frcl1ch Lake Park NAMH EMAIL l~J2I>RESS Raj Basi Aaron Brown Richard Doran Janet Honan Harrell Hurst Sally Hurst Dena Joziatis Mark Joziatis Sandra KeJly Shaun Kelly Kris Olsen Davina Macken7.ie Frank Rutherford Duncan Spence Stephanie Spence James WaJler Nancy Chapman Stephen John SJLJ~-,-kll}jtfri ca@y.!!hQQ"~o IJI Aaronkri~tQ.Q@yfthQo .conl n/a jQ)JQn,gn.@jl!DQj~QJ:1J. airehedz@comeast.net _._._.._..__m..._._.._~,.L.._._m._mmmm""'."..'...m...m_.._ aireh 9.~lz~u,comcast. nQ1 J ozi atis(Q),comeas(,J19J J ozi ati S@y..QmQ!!.~,t,n9.! nla nla N ygggts(Q),earth l ink.n ct nla nla DuncanslJence@~Qmcast.net ~~Q11h<1-.niespence@c_Qnl~~?J.net nla P"l:rPQy!;bJmm_l!D2~@hQtm!liLQQm ste.Y,Q"fXllll gn 0 Ii as i . co I'lJ ~ - \t> MEETING DATE: h S;-; 2-C)O s...~ / CITY OF FEDERAL WAY City Council AGENDA BILL ITEM# ~ @j.. , SUBJECT: Commercial Vehicles On-Street Parking in Residential Zones CATEGORY: BUDGET IMPACT: ~. o o CONSENT RESOLUTION CITY COUNCIL BUSINESS ~ ORDINANCE o PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated June 6, 2005; and Proposed Ordinance. SlJMMARY/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 ofT-street in residential zones. Staff anticipated that parking of commercial vehicles might shift to public right-of-way as a resu It. At the January 10,2005 Land Use and Transportation Committee meeting, four citizens spoke in favor of further restrictions for parkmg commercial vehicles in residential zones. The con~ems presented included: 1_ Larger vehicles create safety issues, including sight distance restrictions at driveways and ability of emergency vehicles to tum around in cui-dc-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. CITY COUNCIl, COMMITTE}: RECOMMENDATION: At its June 6, 2005 meeting, the Land Use and Transportation Committee recommended the Council prohibit on-street parking of commercial vehicles in residential zones. PROPOSED MOTION: "I move the proposed ordinance to 2nd reading and approval at the next regular meeting on July 5th, 2005." CITY MANAGER APPROVAL: COlJNCIL ACTION: o APPROVED o DENIED ~ TABLED/DEFERRED/NO ACTION r- ~~SE~~REA~ING(O'diOU"WO"IY) REVISED 051101200J COUNCil, BILL # 1ST d' rea 109 .Enactment reading ORDINANCE # RESOLUTION # 377 ----1R/>>l ~ ORDINANCE NO. DRAFT ((f(5;;/~S- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING SECTION 15- 82, ARTICLE IV, OF CHAPTER 15 TO PROHIBIT THE PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS (AMENDING ORDINANCE NOS. 90-46, 91-97). WHEREAS the City of Federal Way is a non-charter code city under the laws ofthe State of Washington and, as such, has the power to enact ordinances for the protection ofthe public health, safety, and general welfare and for other purposes; and WHEREAS the Federal Way City Council adopted the Traffic and Vehicular Code, Chapter IS, in 1990 and subsequently modified it; and WHEREAS the City Council for the City of Federal Way has determined that parking of commercial vehicles in residential areas is incompatible with residential uses; and WHEREAS the City Council for the City of Federal Way finds it in the best interests of its citizens to update the Traffic and Vehicular Code, Chapter 15, to prohibit parking of commercial vehicles in residential areas; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAlN AS FOLLOWS: Section 1. Section 15-82, Article IV, of the City of Federal Way Traffic and Vehicular Code, is hereby amended as follows: 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 RMbetween thehours of 12:00 midnight and 6:00 ORD# , PAGE 1 tt:ffi, 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 necessarvto support the activitv or make the delivery. (Ord. No. 90-46, S 4, 3-20-90; Ord. No. 91-97, S 1,5-21-91) Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion 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. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. PASSED by the City Council ofthe City ofPederal Way this day of 2005. CITY OF FEDERAL WAY MAYOR, DEAN McCOLGAN ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC ORD# , PAGE 2 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\15-82 Conunercial Vehicles 6.14/05 ORD# , PAGE 3 CITY O}' FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: June 6, 2005 Land Use and Transportation Committee David H. M~anager Rick Perez, P.E.,~ty ~raffic Engineer ~ Commercial Vehicles On-Street Parkillg ill Residential Zones 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, rcads: "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. AUaclunent A provides a summary of the comparison of codes. 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 permitted 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. . At the March 21, 2005 Land Use and Transportation Committee meeting, staff presented findings that approximately 3 miles of streets would remain where commercial vehicles could be parked on-street without restrictions. It was also dctcnnincd that it would be impractical to determine the extent of enforceable covenants in individual plats. The Committee fOlWarded the issue to City Council with no recommendation. At the AprilS, 2005 City Council meeting, the Council remanded the issue back to the Land Use and Transportation Committee, requesting more information on the City's previous extent of enforcement actions and the experience of other cities in enforcing similar ordinances. Public Safety staff provided attaclunent B that shows the number of enforcement actions under the current ordinance, as summarized below: 1998 1999 2000 2001 2002 2003 2004 2005 to date 1 14 30 16 6 36 4 6 This list does not reflect warnings, CAD records, or contacts officers may have had to address commercial vehicles parked in violation of the ordinance. Police Department efforts to address commercial vehicle violations of the ordinance have been initiated on a complaint basis. Following a complaint, directed or extra patrol would occur to address/solve the problem. Education, warnings, and enforcement are options we have utilized to solve problems. Officers have taken action based on on-view violations as well. The City's efforts are generally consistent with other South King County agencies. Some dedicate Traffic Unit personnel for commercial vehicle enforcement and complaints. Most complaints regarding ordinance violations between the hours of midnight and 6:00 a.m. are addressed by patrol personneL As staff is made aware of concerns from citizens regarding commercial vehicles being present in residential areas in violation of the ordinance, we will continue to assign commissioned personnel to solve these problems. OPTIONS: lH<':1\ - --- - - -~, <<<N?"">>'~~'~l;~!l'~ ~>"~, f't~>7,~t"i"~)~;,,1~:?~ ',r.:\1 - -- -~----1:--1-'f'\lW-;'-l-~--~~---l-:~T1v'<1~,<1-----:;:~"~!~' l:.\~~~:Tn';:;~-;=-Yy.;; , ~ l, ' ~ ~ 'I," l<,';' ~, ~'(! ?" q8..___.+ V~",..' ,.. > '>" t )tt~d< f~ ~_____ _^_ ,>:; _~~ ~~, ^ ~ ~::!:.!_ _~)H;!~!:>;~l L..:.., _-..,'::____L...:::_....:::"~~~.!....::::.....~___.::....t..~_G!:..:::__.s..J:..::........_~_~~_::l....:.....~:::...~~!,~""!t ~,I,\dij ~! 1. Eliminate on-street . Reduces potential safety issues; . Potential impacts to home-based parking of commercial . Improves emergency vehicle access; business owners/operators that vehicles III residential . Reduces late night noise in utilize commercial vehicles. zones, with exceptions neighborhoods; for delivery vehicles . Reduces diesel fumes In neighborhoods 2. Further restrict hours . Reduces potential safety issues; . Potential impacts to home-based for on-street parking of . Improves emergency vehicle access; business owners/operators that commercial vehicles in . Reduces late night nOIse 10 utilize commercial vehicles. residential zones neighborhoods; . Reduces diesel fumes III neighborhoods 3. No action . No impact . Could be perceived as unresponsive to citizen concerns regarding: o Potential traffic safety issues; o Emergency vehicle access; o Noise and diesel fumes in neighborhood 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: 1. Prohibit on-street parking of conunercial vehicles in residential zones. 2. Increase the hours of restriction for on-street parking of conunercial vehicles in residential zones. 3. No action. Committee Recommendation: Forward the Committee recommendation to the June 21, 2005 City Council Business Agenda for 151 Reading of the ordinance. K:\Ll.'TC\200S\()6.l)(,.(j; COMMERClAL VEHICLES ON-STREET f':\RKING,DOC ATTACHMENT A Auburn 1 hour max 1 hour max 7.5 20 No limit Operating Operating BeHevue prohibited prohibited 8 30 32,000 10:00pm~ 10:00 pm - 7:00 am 7:00 am Des . 6 hours max 6 hours max 7.5 20 10,000 Moines E vercH Allowed 8 20 16,000 Kent 2 hours max 8 20 8,000 Puyallup 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 Commercial Vehicle Parking Tickets Issued 1/1/97-5/25/05 Violation Date 1998 10/22198 23:10 1999 3/24/99 1 :00 2/18/99 2:30 7/18/99 4:20 10/15/99 2:20 10/15/99 2:00 8/22199 0: 13 10/15/99 4:05 10/15/99 5:20 10/15/99 2:40 4/13199 14:00 10/20/99 0:27 10/15/99' 0:45 10/15/99 0:30 10/15/99 0:40 2000 3/8100 7:43 10/18/00 1:05 7/7/00 5:17 2/12/00 4:55 6/13100 4:20 2/12/00 4:50 2/12/00 4:47 2/12/00 4:40 6/28/00 0:20 3/28/00 1 :25 8/2100 1:14 6/29/00 3:35 6/9/00 1:15 5/23/00 0:30 3/21/00 1:05 8/24/00 2:34 8/24100 2:45 6/21/00 0:30 8/24/00 2: 1 0 6/28/00 1 :09 6/9100 1 :27 6/26/00 0:36 1/1/00 0:01 5/23/00 0:25 8/2/00 1:06 1114/00 5:30 11/23/00 5:20 11/23/005:25 5/20/00 4:00 8/21/00 0:25 Address Parkinq Offense 1 AV S 363 ST 15.80.2 Year Total: 1 1200 SW 346 15.80.2 1200 SW 360 ST 15.80.2 1308 SW 314TH 15.80.2 18 S E OF SR99 15.80.2 29400 BLK OF 21PL S 15.80.2 341001 PL S 15_80.2 3AV SW I SW356 15.80.2 500 S 320 15.80,2 6 SWI SW305 15.80.2 600 SW 356 ST 15.80.2 S 296/21 AV S 15.80.2 SW 340 /1 WY S 15.80.2 SW 340 W OF 1 ST 15.80.2 SW340 W OF 1ST S 15.80.2 Year Total: 14 1000 S 340 ST 1700281 PL S 1700 S 330 1700 SW 330 ST 1800 S 330 1800 S 330 ST 1900 S 330 ST 1900 SW 330 ST 200 S 328 200 S 342 PL 2000 S 342 PL 2100 S 296 2100 S 296ST 2100 S 341 PL 2100 S 342PL 2200 S 330 2200 S 330 23400 20A V S 2500 S 342PL 29600 ST S 20 AVE 29800 18AV S 30 S 342 PL 33100 38 AV SW 33800 1 PL S 34000 1 CIRCLE S 3507 SW 339TH PL 3800 SW 342 ST 3900 SW 342 ST LEXINGTON TOWNS 19PL S 34000 S 342 PL 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15,80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80,2 Year Total: 30 001 1/24/01 12:44 12/12/01 1:45 1/23/01 0:00 2/20101 0:40 9/27/01 1:25 7/22/01 3:20 7/22/01 3:28 1/17/01 1:00 12/31/01 0:20 3/22/01 2:15 3/22/01 2:28 3/20/01 8: 15 1/24/01 1:30 4/4/01 1:15 . 4/4/01 1:00 1/18/01 1:00 )02 11/27/02 1:14 12f7/02 1:40 12120/02 1:52 4/24/02 2:21 6/13/02 0:50 2/9/02 1:35 t03 9/19/03 0:01 9/25/03 0:54 5/1/03 0:25 3/13/03 5:05 3/13/03 4:45 9/26/03 0:41 1011/03 0:47 10/18/03 0:10 3/13/03 5: 1 0 10/1103 0:53 10/1/03 0:50 11/15/03 0:56 1011/03 0:30 8/22/03 0:02 4/8/03 2:55 4/8/03 3:00 9/25/03 0:21 3/13/03 4:20 9/19/03 0:10 3/13/03 4:10 8114/03 0:07 3/13/03 4:25 3/13/03 4:30 11/10/03 23:45 9/12/03 0:37 313/03 3:00 8/21/03 0:53 9/12/03 1:00 3/3/03 1 :00 1100 S 322 Pl 15.80.2 1200 SW 325 Pl 15.80.2 1700283 ST 15_80.2 200 S 328 ST 15.80.2 2100 SW 296 ST 15.80.2 2400 S STAR LAKE RD 15.80.2 2400 S STAR LAKE RD 15.80.2 2900018 AV S 15.80.2 2940021 AV S 15.80.2 316063 Pl SW 15.80.2 317003 Pl SW 15.80.2 31800 3RD Pl SW 15.80.2 34400 35 Pl SW 15.80.2 3550025 AV SW 15.80.2 600 SW 352 ST 15.80.2 700 SW CAMPUS DR 15.80.2 Year Total: 16 1100 S 299 Pl 2300 SW 333 Pl 29500 21 Pl S 32700 20 WAY S 3460027 AV SW 600 S 302 ST 306002 AV S 1400 S 303 ST 1900 S 327lN 2122 SW 352 ST 2132 SW 316 ST 2400 S ST ARlAKE RD 2500 5 5T AR LAKE RD 2500 S 5T AR LAKE RD 2500 SW 352 5T 25000 S STAR LAKE RD 27300 STAR LAKE RD 27500 STAR LAKE RD 2840018 Pl S 28500 18 AV S 2950021 Pl S 29500 21 Pl S 30200 25 Pl 5 303006 AV 5W 30400 1 Pl S 304003AVS 30600 1 Pl SW 30800 16 AV SW 30800 16 AVE SW 3171132 AV SW 32300 5 AV S 32500 7 Pl S 32700 19 Pl S 32800 S 330 Pl 32858 9 Pl S 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 . Year Total: 6 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15.80.2 15_80.2 15.80.2 15.80_2 15.80.2 15.80.2 15.80.2 15.80.2 2003 continued 3/28/03 4:39 3290519 Pl S 15.80.2 9/12/03 0:53 33000 328 Pl S 15.80.2 3/13/035:25 345008 AV SW 15.80.2 9/20/03 0:27 357001 AV S 15.80.2 4/9/03 1:10 520 S 323 Pl 15.80.2 3/13/03 3:50 714 S 325 ST 15.80.2 1012/03 0:53 8250 5 A V S 15.80.2 Year Total: 36 2004 2/16/04 4:00 2500 S 311 ST 15.80.2 2/16i04 3:25 2840018 AV S 15.80.2 2/16/04 3:25 2840018 AV S 15.80.2 3/18/04 2:22 32650 9 PL S 15.80.2 Year Total: 4 2005 1/19/05 2:11 1800 S 369 ST 15.80.2 2/4/05 0: 15 329003 AV SW 15.80.2 2/11/05 0:14 3300 30AV SW 15.80.2 4/29/05 2:42 33221 37 AV SW 15.80.2 2/5/05 0:58 33303 30 AV SW 15.80.2 2/3/05 2:57 3605 SW 330 ST 15.80.2 Year Total: 6 111/97-5/25/05 Total: 113 MEETING DATE: July 5, 2005 ITEM# =-i-~) CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Joint lnterlocal Agreement Regarding the Community Development Block Grant (CDBG) Program CATEGORY: BUDGET IMPACT: D CONSENT D RESOLUTION t:SJ CITY COUNCIL BUSINESS D ORDINANCE D PUBLIC HEARING D OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: Memorandum to the Parks, Recreation Human Services, and Public Safety Committee of June 6, 2005 (Attachment 1); and the Joint Interlocal Agreement Regarding the Community Development Block Grant Program (Attachment 2). SUMMARYIBACKGROUND: The City has the option of receiving CDBG funds directly from the Department of Housing and Urban Development (HUD) or continuing participation in the King County CDBG Consortium every three years. Participation in the King County CDBG Consortium is recommended to provide the maximum amount of funding to CDBG projects serving Federal Way. The Joint Interlocal Agreement establishes the administrative responsibilities and distribution of Federal Way CDBG funds as part of the Consortium for the 2006-2008 period. CITY COUNCIL COMMITTEE RECOMMENDATION: At the June 13,2006, PRHS&PS Committee meeting, the Committee voted to forward the Human Services Commission recommendation to continue participation in the King County CDBG Consortium for the 2006-2008 period if an interlocal can be finalized. The final interlocal is attached. PROPOSED MOTION: I move to authorize the City Manager to sign the Joint lnterlocal Agreement Regarding the Community Development Block Grant Program for continued participation in the King County CDBG Consortium for the 2006-2008 period. CITY MANAGER APPROVAL: ~ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D T ABLEDIDEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # 1ST d' . rea mg Enactment reading ORDINANCE # RESOLUTION # Attachment 1 5.}) CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: From: June 6, 2005 C~- Angelina Allen-Mpyisi, Human Services Manager Kelli O'Donnell BG Coordinator ~ David M anager Joint Interloc Agreement Regarding the Community Development Block Grant (CDBG) Program Via: Subject: Policy Question: Should the City of Federal Way receive funds for the Community Development Block Grant (CDBG) program for the 2006-2008 period through the King County CDBG Consortium or directly from the Department of Housing and Urban Development (HUD)? BackQround: The City of Federal Way has participated in the King County CDBG Consortium (Consortium) since 1994 through a renewing three-year joint agreement. Federal Way joined the Consortium in 1994 because membership prOVided a greater amount of CDBG funds available to Federal Way residents at a lower cost with reduced administrative requirements. The County's cost of administering the Consortium program rose dramatically in 2003 and continued to rise annually reducing the amount of funds available for Federal Way's programs. The current joint agreement will expire at the end of 2005. The cities of Federal Way, Renton, and Shoreline have been renegotiating the terms of the interlocal agreement to stabilize the County costs of administering the program charged to the cities and retain as much local control as possible. A tentative agreement has been reached with the County as outlined at the May 9,2005, Parks, Recreation, Human Services & Public Safety Committee meeting. · The County retains 10% of funds available for planning & administration and is allowed to charge project management costs to capital projects up to a maximum of 2%. · The City receives 10% of funds available for planning & administration and takes on additional responsibilities to assist with sub-regional allocations. · Housing Stability is funded at 5% of funds available for public services. · Consortium-wide Housing Repair is funded at 25% of the City's entitlement. · The City maintains autonomy in allocating remaining planning and administration, public service and capital funds but agrees to fund no more than two local capital projects with only one that triggers Davis-Bacon. Additional capital funds would be allocated to projects funded by the Consortium in the sub-regional process. The City contracts for public service projects and economic development projects and the County contracts for all capital projects. 1.\-\ · The City would not take on additional administrative responsibilities for Davis Bacon. Financial liability for unforeseen Davis-Bacon and/or relocation expenses would be the responsibility of the applicant. The attached draft Joint Interlocal Agreement Regarding the Community Development Block Grant Program has incorporated the terms agreed to and is pending review by King County and the City Attorney's Office. Participating cities were required to notify King County and the Department of Housing and Urban Development (HUD) on whether they would participate in an urban consortium by May 27, 2005. King County has secured an extension to August 1, 2005, for notification by cities to participate in the Consortium for the 2006-2008 for distribution of COBG funds. The County must also have a signed interlocal agreement for any participating cities to forward to HUD for review by August 1. In anticipation that the interlocal will be finalized to the City's satisfaction, Staff and the Human Services Commission are recommending continued participation in the King County CDBG Consortium for the 2005-2008 period. Options: 1. Authorize the City Manager to sign an interlocal agreement regarding the Community Development Block Grant (CDBG) Program for continued participation in the King County CDBG Consortium for the 2005-2008 period that incorporates the elements of the Joint Agreement Cities counter proposal to King County outlined in the April 25, 2005, memorandum to the Human Services Commission from Angelina Allen-Mpyisi. Advantaqes: . The proposal contains the administrative costs to Federal Way's CDBG program that can be charged by King County. . The proposal increases the amount of funds available for projects and programs that benefit Federal Way from the current Consortium system. . Federal Way retains local control of public service projects and capital projects with some limitations. . King County will retain responsibility to the federal government for all activities undertaken with CDBG funds. . King County has the staff and infrastructure in place to operate the CDBG program and implement a variety of projects and programs. . Federal Way has representation on the Joint Recommendation Committee that adopts policies of the Consortium. Disadvantaoes: . Federal Way will be limited to one stand alone capital project per year that triggers Davis-Bacon and other federal requirements and one additional stand alone capital project that does not trigger Davis-Bacon and other federal requirements. Federal Way may allocate funds to additional regional capital projects that are funded by the Consortium. . Federal Way's CDBG program may be impacted by policies adopted by the Joint Recommendations Committee and changes made by the overhaul of the CDBG Consortium. 1).. 2 2. Notify King County and HUD that Federal Way will no longer participate in the King County COSG Consortium and will receive COSG funds as a direct entitlement for the 2005-2008 period. Advantaqes: . The City has full control over Federal Way's COBG program within the federal guidelines. Disadvantaqes: . Federal Way will assume responsibility to the federal government for all activities undertaken with COBG funds. . The City will need to recruit and train additional staff and set up administrative systems to administer the program including impacts on finance and legal staff. . Reductions to COSG funding over the 2006-2008 period may require that the City subsidize the program and/or reduce staff and programs. . Projects funded would be limited by staff capacity to implement projects. Staff Recommendation: Staff recommends Option 1 because it stabilizes the administrative costs charged by the King County COBG Consortium to Federal Way's program and provides additional funds for programs. The impact of the federal deficit on domestic programs over the 2006-2008 period makes it likely that federal funding of the COBG program will be reduced. Commission Recommendation The Human Services Commission moved to forward option 1 to the Parks, Recreation, Human Services and Public Safety Committee for recommendation to the full Council at their June 21,2005, meeting'. ~/ Committee Recommendation ~()..~ Forward option _ to the full City Council for consideration at the J~, 2005, City Council meeting. Please contact Angelina Allen-Mpyisi at (253) 835-2650 or Kelli O'Oonnell at (253) 835- 2653 or kellio@fedway.org if you have any questions regarding this item. tJ-3 Attachment 2 JOINT INTERLOCAL AGREEMENT REGARDING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM '. .. T -..- .-. OR~f (P(J7/ e;5 THIS AGREEMENT is entered into by and between King County (hereinafter the "County") and the City of , (hereinafter the "City") said parties to this Agreement each being a unit of general local government in the State of Washington. WITNESSETH: WHEREAS, the federal government, through adoption and administration of the Housing and Community Development Act of 1974 (the "Act"), as amended, will make available to King County Community Development Block Grant (CDBG) funds, for expenditure during the 2006~2008 funding years; and WHEREAS, the area encompassed by unincorporated King County and all participating cities, has been designated by the United States Department of Housing and Urban Development ("HUD"), as an urban county for the purpose of receiving CDBG funds; and WHEREAS, the Act directs HVD to distribute to each urban county a share ofthe annual appropriation of CDBG funds based on formula, taking into consideration the social and economic characteristics of the urban county; and WHEREAS, the Act allows participation of units of general government within an urban county in undertaking activities that further the goals of the CDBG program within the urban county; and WHEREAS, upon HUD approval of the joint request and cooperation agreement, a metropolitan city becomes a part of the urban county for purposes of program planning and implementation for the entire period ofthe urban county qualification, and for the CDBG program, will be treated by HVD as any other unit of general local government that is a part ofthe urban county; and WHEREAS, a metropolitan city or an urban county may be part of a consortium; and WHEREAS, the County and the City agree that it is mutually desirable and beneficial to form a consortium that includes other participating jurisdictions ("Consortium") to implement the terms of this Interlocal Agreement; and WHEREAS, the CDBG Regulations require the acceptance of the consolidated housing and community development plan ("Consolidated Plan") by participating jurisdictions; and WHEREAS, the County shall undertake CDBG~funded activities in participating incorporated jurisdictions as specified in the Consolidated Plan by granting funds to those jurisdictions and to other qualifying entities to carry out such activities; and WHEREAS, the County is responsible to the federal government for all activities undertaken with CDBG funds and shall ensure that all CDBG assurances and certitications King County is required to submit to HUD with the Annual Action Plan are met; and CDBG Joint Interlocal Agreement 1 of 12 2006~2008 WHEREAS, the County and the City are committed to targeting CDBG funds to ensure benefit to low- and moderate-income persons as defined by HUD; and WHEREAS, the County and the City recognize that needs of low~ and moderate-income persons may cross jurisdictional boundaries and therefore can be considered regional and sub-regional needs as well as local needs; and WHEREAS, the County, in conjunction with the participating jurisdictions, must submit an Annual Action Plan to HUD, which is a requirement to receive CDBG funds; and WHEREAS, the purpose of this Joint Interlocal Agreement, entered into pursuant to and in accordance with the State Interlocal Cooperation Act, RCW Chapter 39.34, is for planning the distribution and administration of CDBG, HOME Investment Partnership, and other federal funds received on behalf of the Consortium from HUD, and for execution of activities in accordance with and under authority of the Act: NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED THAT: I. GENERAL AGREEMENT The County and City agree to cooperatc to undertake, or assist in undertaking, activities which further the development of viable urban communities, including the provision of decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low-and-moderate income, through community renewal and lower income housing assistance activities, funded from annual CDBG funds from federal Fiscal Years 2006, 2007, and 2008 appropriations, from recaptured funds and from any program income generated from the expenditurc of such funds. II. DEFINITIONS A. "JRC" means the inter-jurisdictional Joint Recommendations Committee as described in Section V of this Agrcement. B. "Entitlement amount" means the amount of funds that a metropolitan city is entitled to receive under the Entitlement Grant Program as determined by formula set forth in Section 106 of the Act. C. "Program income" means gross income received by the City directly generated from the use of City CDBG funds which includes income from the Housing Repair Program projects within the City and a pro rata share of net income generated from float loan activity. Pro rata calculations will use the amount in II (B). D. "Recaptured funds" means a fund balance that remains at the close of a project activity, cancellation of an awarded project or a repayment of funds that is required due to determination of ineligible activity by HUD, change of use from original grant award or sale of property. CDBG Joint Interloeal Agreement 2 of 12 2006-2008 E. "New stand-alone capital project" means a project that requires the establishment of a new HUD IDIS activity number as opposed to an existing project where supplemental funding is being added. F. "Stand-alone public service project" means a project that has not been funded by the sub- regional process utilized by those non-entitlement consortium cities signing the King County Consortium Inter local Cooperation Agreement for the Community Development Block Grant Program in the applicable program year. A City's stand-alone public service project may include more than one subcontract as long as only one HUD IDIS activity number is required and the City submits all information, reports and invoices to the County as one project. G. "Joint Agreement Cities" means CDBG entitlement cities that choose to participate in the King County CDBG Consortium for administration of CDBG funds as a party to this agreement. III. GENERAL DISTRIBUTION OF FUNDS A. The County will retain an amount equal to 10% of the City's Entitlement plus program income each year for administration and fund management. The remaining 10% of the City's entitlement plus program income available for planning and administration will be allocated by the City and may be used to plan and administer the City's CDBG projects in accordance with this agreement. B. The County will retain an amount equal to 2% of the City's Entitlement plus program income each year for eligible project management related costs for the implementation of projects funded by the City. C. Five percent of the funds available from the City's Entitlement plus program income shall be retained for the Housing Stability Program, a public service activity in support of homeless prevention and in support ofthe affordable housing requirements under the implementation of the State Growth Management Act (RCW Chapter 36.70A). The remaining 10% from the City's entitlement plus program income available for public services will be allocated by the City in accordance with this agreement. D. Twenty-five percent of the funds available from the City's Entitlement plus program income shall be retained for the Consortium-wide Housing Repair program. The JRC may periodically review and recommend increases or decreases to this percentage if, in its judgment, there has been a substantial change in the Consortium's overall funding or in the need for housing repair that justifies an increase or decrease. The remaining capital funds will be allocated by the City in accordance with this agreement. E. The balance of the City's Entitlement plus program income, along with any recaptured funds from city-funded projects, may be allocated to projects selected by the City, provided they are consistent with the provisions of Section IV below. IV. USE OF FUNDS: GENERAL PROVISIONS A. Funds shall be used to support the goals and objectives of the King County Consortium Consolidated Plan. CDBG Joint Interlocal Agreement 3 of 12 2006-2008 B. Funds shall be used in accordance with the CDBG regulations at 24 CFR 570 and all other applicable federal regulations. C. The City agrees to a maximum of two new stand-alone capital projects per year with a maximum of one project that may trigger Davis Bacon annually. Capital funds not used for these projects may be allocated to sub-regional projects by the City unless returned by City to the sub-regional fund. D. Public Service funds: 1. There will be a one~year extension through 2006 to those public service projects awarded funds in 2005. Should the City cancel and/or amend one of those projects, they may reallocate the funds to another project funded in 2005. 2. The City agrees to a maximum of four stand-alone public service projects per year commencing in program year 2007. Funds contributed to a sub-regional public service project would not count as part ofthe four stand~alone projects in this agreement. E. No project funding minimum is established in this agreement. Project minimums that may be established by the JRC for the Consortium sub-regional funding shall not be binding on the Joint Agreement cities. v. JOINT RECOMMENDATIONS COMMITTEE An inter-jurisdictional Joint Recommendations Committee ("JRC") shall be established through the 2006 - 2008 Consortium Interlocal Cooperation Agreement and is hereby adopted as part of this agreement. A. Composition-The JRC is composed of three county representatives and eight cities representatives. 1. The three county representatives shall be King County Executive staff with broad policy responsibilities and/or department directors. County representatives shall be specified in writing and, where possible, shall be consistently the same persons from meeting to meeting. 2. Four of the cities representatives shall be from those non-entitlement consortium cities signing the King County Consortium Interlocal Cooperation Agreement for the Community Development Block Grant Program. 3. The remaining four cities representatives shall be from cities that qualify to receive CDSG or entitlement funds directly from HUD that are signing either Joint agreements or HOME-only agreements. These latter four representatives shall have no vote on matters specific to the jurisdictions of the King County Consortium lnterlocal Cooperation Agreement for the Community Development Block Grant Program. 4. Two of the eight cities representatives shall be rotated among the CDBG Joint Agreement cities of Federal Way, Shoreline and Renton. The two CDBG Joint Interlocal Agreement 4 of 12 2006-2008 representatives will vote on issues affecting Joint Agreement Cities that are specific to this agreement 5. For all the rotating positions, each city will serve two years on and one year off. Each City will select its representative and notify the County. [Which City goes 1 S\ 2nd, 3rd?] 6. The chairperson and vice-chairperson of the JRC shall be chosen from among the members of the JRC by a majority vote of the members for a term of one year beginning with the first meeting ofthe calendar year. Attendance offive members shall constitute a quorum. B. The King County Executive shall appoint the three county representatives. The participating cities of the King County Consortium Interlocal Cooperation Agreement shall provide for the appointment of their shared representatives in a manner to be determined by those cities through the Suburban Cities Association or other agreed-upon mechanism for the execution of shared appointing authority. The Suburban Cities Association or other agreed mechanism will select four jurisdictions of varying size from among those signing this agreement, two from the north/east sub-region and two from the south sub-region. The cities representatives shall be elected officials, chief administrative officers, or persons who report directly to the chief administrative officer and who have broad policy responsibilities; e.g., planning directors, department directors, etc. Members of the JRC shall serve for two years, or at the pleasure oftheir respective appointing authorities. C. Powers and Duties-The JRC shall be empowered to: 1. Review and recommend to the King County Executive all policy matters concerning the Consortium CDBG and HOME Program, including but not limited to the Consolidated Plan and related plans and policies. 2. Review and recommend to the King County Executive the projects and programs to be undertaken with CDBG funds and HOME funds, including the Administrative Set-aside. 3. Monitor and ensure that all geographic areas and participating jurisdictions benefit fairly from CDBG and HOME-funded activities over the three-year agreement period, so far as is feasible and within the goals and objectives of the Consolidated Plan. D. Advisory Committees to JRC-In fulfilling its duty to review and recommend projects and programs to be undertaken with the CDBG and HOME funds, the JRC shall consider the advice of inter-jurisdictional advisory committees. Sub-regional advisory committees, made up of one representative from each participating jurisdiction in a sub- region that wishes to participate, shall be convened to assist in the review and recommendation of projects and programs to be undertaken in that sub~region. The JRC may also solicit recommendations from other inter-jurisdictional housing and community development committees. CDBO Joint Interlocal Agreement 5 of 12 2006-2008 VI. RESPONSIBILITIES AND POWERS OF KING COUNTY A. Notwithstanding any other provision contained in this Agreement, the County as the applicant and grantee for CDSG funds has responsibility for and assumes all obligations in the execution ofthis CDSG Program, including final responsibility for selecting and executing activities and submitting to HUD the Consolidated Plan, Annual Action Plan, and related plans. Nothing contained in this Agreement shall be construed as an abdication of those responsibilities and obligations. County will bear responsibility for: I. the HUD-related portions of program planning 2. preparing and submitting the Annual Action Plan and application to HUD 3. preparing and submitting amendments to the Annual Action Plan 4. setting up the projects in the HUD IDlS system 5. preparing and submitting all other HUD-required planning documents (Consolidated Plan and any amendments; the Analysis of Impediments to Fair Housing Choice and the Fair Housing Action Plan; the Homeless Continuum of Care Plan and the Homeless Management Information System; the Lead Paint Hazard Reduction Plan; etc.) B. The Metropolitan King County Council shall have authority and responsibility for all policy matters, including the Consolidated Plan, upon review and recommendation by the JRC. C. The Metropolitan King County Council shall have authority and responsibility for all fund allocation matters, including approval ofthe annual CDSG Administrative Set- aside and appropriation of all CDBG funds. D. The King County Executive, as administrator of this CDBG Program, shall have authority and responsibility for all administrative requirements for which the County is responsible to the federal government. E. The King County Executive shall have authority and responsibility for all fund control and disbursements. F. The King County Executive shall have the authority and responsibility to staff the JRC and provide liaison between HUD and the Urban County Consortium. County Executive staff shall prepare and present to the JRC evaluation reports or recommendations concerning specific proposals or policies, and any other material deemed necessary by the JRC to help it fulfill its powers and duties. G. King County Executive staff shall have the authority and responsibility to communicate and consult with Joint Agreement City on CDBG policy and program matters in a timely manner. CDBG Joint Interlocal Agreement 6 of 12 2006-2008 H. King County Executive staff shall provide periodic reports on clients served by jurisdictions in the Housing Stability and Housing Repair programs and on the status of CDBG-funded projects and make them available to all participating jurisdictions and the JRC. 1. King County Executive staff shall administer contracts and provide technical assistance, both in the development of viable CDBG proposals and in complying with CDBG contractual requirements. J. King County Executive staff shall have environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act, under which King County may require the local incorporated jurisdiction or contractor to furnish data, information, and assistance for King County's review and assessment of whether preparation of an environmental impact statement is required. Additional environmental review costs may be charged directly to individual project activity and will be addressed in the proposed project application. K. King County Executive staff shall implement City funded capital projects, except City administered projects as noted below. VIT. RESPONSIBILITIES OF THE CITY A. City shall cooperate in the development of the Consolidated Housing and Community Development Plan and related plans. B. City shall assign a staff person to be the primary contact for the County On CDBGIHOME issues. The assigned CDBG/HOME contact person is responsible for communicating relevant information to others at the city. C. The City will bear all responsibility for local annual program planning, using financial projections that will be provided by the County. The City will ensure: I. that all selected projects (1) are an eligible activity, (2) meet a national objective, and (3) are consistent with the Consolidated Plan and all applicable JRC policies, 2. that the public participation requirements are met and documented and will provide certification of such to the County, 3. that all requested information by the County will be submitted in a timely manner that allows the County enough time to meet HUD timelines, and 4. changes to the local program that require the County to amend budget amounts and/or submit an amendment to the Annual Action Plan after it has been submitted to HUD will only be accepted November through JUne. Budget amendments received by the 5th day ofthe month will be effective on the 151 day of the next month. CDBG Joint Tnterlocal Agreement 7 of 12 2006-2008 D. The Joint Agreement city and/or their funded agency owning community facilities or other real property acquired or improved in whole or in part with CDBG funds shall comply with use restrictions as required by HUD and as required by any relevant policies adopted by the JRC. 1. During the period of the use restriction, the City shall notify County prior to any modification or change in the use of real property acquired or improved in whole or in part with CDBG funds. This includes any modification or change in use from that planned at the time of the acquisition or improvement, including disposition. 2. During the period of the use restriction, if the City property acquired or improved with COBG funds is sold or transferred for a use which does not qualify under the CDBG regulations, the City shall reimburse the County in an amount equal to the current fair market value (less any portion thereof attributable to expenditures ofnon-CDBG funds). 3. The City will ensure County receipt of all required security documents related to funded capital project activities (this includes non-profit agencies which have been awarded funds) prior to the execution of a contract between the awarded agency and the County in order to incorporate said documents into the contractual agreement. E. City staff shall implement CDBG-funded projects within the program year and submit both vouchers and required reports to the County in a complete and timely manner. Prior to the first and last payment on capital projects exclusive of Housing Repair, acquisition and Community Based Development Organization projects, pre-approval must be received from County staff that federal labor requirements have been met. F. City legislative bodies shall approve or disapprove via motion or resolution all COBG activities, locations, and allocations submitted by Joint Agreement City staff. G. City will be responsible for subcontracting with third parties for services provided by a Community Based Development Organization for employee development services; and for public service and city managed projects, except for labor standards and relocation where responsibility will be shared with the County (see below). Iffederal requirements have an unforeseen budget implication (for example, ifthe City has not foreseen the need for relocation) the City will be responsible for the increased budget. H. City shall fulfill to the County's reasonable satisfaction all relevant requirements of federal laws and regulations that apply to King County as applicant, including assurances and certifications described below. I. City certifies that it has adopted and is enforcing: 1. a policy that prohibits the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and CDBG Joint lnterlocal Agreement 8 of 12 2006-2008 2. a policy that enforces applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of non-violent civil rights demonstrations within jurisdiction. J. Pursuant to 24 CFR 570.501(b), City is subject to the same requirements applicable to subrecipients when they receive CDBG funds to implement an activity. The applicable requirements include, but are not limited to, a written agreement with the County that complies with 24 CFR 570.503 and includes provisions pertaining to: statement of work; records and reports; program income; uniform administrative items; other program requirements; conditions for religious organizations; suspension and termination; and reversion of assets. K. City understands that it may not apply for COBG grant entitlement funds from HUD for the period of participation in this Agreement. L. The City in its participation in the COBG urban county consortium through this Interlocal Agreement understands that it is also part of the Urban County for the HOME program and may participate in a HOME program only through the CDBG Urban County. M. When undertaking activities and/or projects with CDBG funds distributed under this Agreement, the City shall retain full civil and criminal liability as though these funds were locally generated. N. The City retains responsibility in fulfilling the requirements of the State Environmental Policy Act under which County shall have review responsibility only. VITI. SHARED RESPONSIBILITY A. Federal Labor Standards: I. County will determine appropriate wage rates for inclusion in the construction bids and contracts, and hold preconstruction conferences with contractors, which city staff will also be required to attend. 2. County will be responsible for reviewing and approving weekly certified contractor payrolls (wage rates, benefits, proper apprentice-journey ratios, etc.) County will complete a review of initial payrolls submitted to County staff within 10 working business days of receipt from the contractor or City before payment will be made by the contracting agency. 3. County will enforce contractor compliance with federal labor standards if the City waits to pay first and last construction draws until after the County approves the certified payrolls. If City pays before the County approves, City will be responsible for any compliance problems. 4. County will be responsible for submitting information for the semi-annual contractor/subcontractor report and the Section 3 report to HUD. COBG Joint lnterlocal Agreement 9 of 12 2006.2008 5. County will provide technical assistance to identify Davis-Bacon issues during the application process. 6. County will handle non-compliance issues provided the above requirements are met. B. Uniform Relocation Act/Barney Frank: I. City is responsible for identifying proposed projects that may trigger relocation and replacement housing requirements, and for budgeting sufficient funds in the project up front to address these issues. 2. County will provide advice and technical assistance if consulted ahead oftime and will handle any necessary relocation processes. 3. City and/or funded agency will be responsible for any unforeseen relocation costs. Any unresolved relocation cost will be charged against the City's grant amount after due diligence is completed in collecting payment of funds from the funded agency. C. Financial/Fund Management: County wiIl be responsible for contracting with HUD for the grant funds; recording and tracking loan repayments and other program income; determining funds available under the caps; setting up and drawing down from IDIS; paying vouchers submitted by the City; doing budget revisions upon amendment; reconciling balances, program income, and funds available for carry over or reallocation at year's end; tracking overall expenditure rate; financial reporting to HUD, etc. D. Reporting: 1. City will report accomplishments to the County on each of their public service and stand alone projects. 2. County will prepare all reports to HUD: CAPER; semi-annual reports on contracting/subcontracting, Section 3, and labor standards; quarterly Federal Cash Transaction Reports. 3. County will report quarterly on capital project status and on housing repair activity. The Housing Stability Program report will continue to be submitted annually with updates provided on the geographic location of clients served. E. Monitoring: I. City will annually monitor the agencies with which it subcontracts to ensure compliance with all federal, state and county requirements associated with CDBG funding with an on~site monitoring visit not less than every two years. CDBG Joint lnterlocal Agreement 10 of 12 2006-2008 2. County will monitor the City (and may monitor selected subcontracting agencies). County will be monitored by HUD, the State Auditor, and by the HUD Inspector General. 3. County staff will meet with City staff quarterly to monitor, provide technical assistance, and discuss capital project status. F. City will provide the County all information necessary from its application process for contracting and implementation purposes for all other stand-alone capital projects G. City staff may participate in other Consortium-wide planning activities envisioned in the Consolidated Plan such as the HOME Working Group and monitoring the Housing Stability Program, THOR funding, and other sub-regional processes. VIII. GENERAL TERMS A. This Agreement shall extend through the 2006, 2007, and 2008 program years, and shall remain in effect until the CDBG funds and program income received with respect to activities carried out during the three-year qualification period are expended and the funded activities completed. This Agreement shall be automatically renewed for participation in successive three-year qualification periods, unless the County or the City provides written notice that it wishes to amend this agreement or elects not to participate in the new qualification period by the date set forth by HUD in subsequent Urban County Qualification Notices. The County, as the official applicant, shall have the authority and responsibility to ensure that any property acquired or assisted with CDBG funds is disposed of or used in accordance with federal regulations. B. Pursuant to 24 CFR Part 570.307(d)(2), during the period of qualification no included unit of general local government may terminate or withdraw from the cooperation agreement while it remains in effect. C. It is understood that by signing this Agreement, the City shall accept and agree to comply with the policies and implementation of the King County Consortium Consolidated Plan. D. Parties to this Agreement must take all required actions necessary to assure compliance with King County's certification required by Section 104(b) of Title I ofthe Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, (Title 1Il of the Civil Rights Act), the Fair Housing Act as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, as amended, the Americans with Disabilities Act of 1990, and other applicable laws. E. City agrees to affirmatively further fair housing and will ensure that no CDBG funds shall be expended for activities that do not affirmatively further fair housing within its jurisdiction or that impedes the County's actions to comply with its fair housing certification. F. Parties to this Agreement agree to negotiate in good faith any issues that may arise that are not specifically addressed by this Agreement. CDBG Joint Interlocal Agreement 11 of12 2006-2008 G. It is recognized that amendment to the provisions of this Agreement may be appropriate, and such amendment shaH take place when the parties to this Agreement have executed a written amendment to this Agreement. The City and the County also agree to adopt any amendments to the Agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice applicable for a subsequent three-year qualification period, and to submit such amendment to the HUD. Failure to adopt such required amendment shall void the automatic renewal of the Agreement for the subsequent qualification period. KING COUNTY, WASHINGTON CITY OF for King County Executive By: Signature Jackie MacLean Printed Name Printed Name Director, Department of Community and Human Services Title Title Date Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY Approved as to Form: CITY OF CITY ATTORNEY Michael Sinsky, King County Senior Deputy Prosecuting Attorney City Attorney ATTEST: CITY OF , City Clerk CDHG Joint Intcrlocal Agreement ]2 of]2 2006-2008 MEETING DATE: July 5,2005 ITEM# }[Ce) . / CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: Site Lease Area Expansion for Nextel at Sacajawea Park CATEGORY: BUDGET IMPACT: ~ CONSENT o RESOLUTION o CITY COUNCIL BUSINESS o ORDINANCE o PUBLIC HEARIN(; o OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ ATTACHMENTS: A copy of the Nextel Site Lease Amendment and a copy ofthe memorandum pertaining to this matter that was presented at the June 28, 2005 Finance, Economic Development and Regional Affairs Committee meeting. SUMMARYIBACKGROUND: The City currently has a Site Lease agreement with Nextel West at Sacajawea Park. Their facility includes five (5) antennas on two light standards, and 93 square feet within the concession building to house associated equipment. This area represents approximately onc half of the total square footage of the structure. Nextcl Wcst is requesting to expand and occupy the remainder of the building which is approximately 100 additional square feet. The Nextel Lease was renewed in December 2004 at which time the lease rate was increased from $1,140 to the current Council approved rate of $ I ,790 per month. Therefore, staff does not recommend increasing the council approved rental rate of $1,790 per moth. The current lease agreement does allow for a 4% annual increase after the first year. Nextel will continue to maintain insurance of$3 Million combined limit for commercial general liability and $3 Million for automobile liability. CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the Lease Amendment and authorize the City Manager to execute the Lease Amendmcnt. PROPOSED MOTION: "I move approval of the Finance, Economic Development and Regional Affllirs Committee "~tion andau::,:~=-=-fu~,"" th, L,,,e Amendm,nt". CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED o TABLED/DEFERRED/NO ACTION D 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: June 28, 2005 FROM: Finance, Economic Development and Regional Affairs Committee David H. M~Manager Kurt Reuter, Park Operations superintendentY R TO: VIA: SUBJECT: Site Lease Area Expansion for Nextel at Sacajawea Park Policy Issue Should the city amend the current lease agreement with Nextel West to increase the occupied space at Sacajawea Park by approximately 100 square feet? Background The City currently has a Site Lease agreement with Nextel West at Sacajawea Park. Their facility includes five (5) antennas on two light standards, and 93 square feet within the concession building to house associated equipment. This area represents approximately one half of the total square footage of the structure. N extel West is requesting to expand and occupy the remainder of the building which is approximately IOO additional square feet. The proposed expansion area is not actively used by city staff. A phone that is sometimes used by city staffis locatcd in the section of the building they desire to occupy. Nextel W cst has agreed to relocate the phone to the other building which is used solely by city staff. The electric meter will also need to be relocated as a part ofthis project. It is currently located on the exterior of the east wall of the building. It will be moved to the exterior of the west wall. These items would be done at their sole expense. The Nextel Lease was renewed in December 2004 at which time the lease rate was increased from $1,140 to the current Council approved rate of$1,790 per month. Therefore, staff does not recommend increasing the council approved rental rate of $1,790 per moth. The current lease agreement does allow for a 4% annual increase after the first year. Nextel will continue to maintain insurance of$3 Million combined limit for commercial general liability and $3 Million for automobile liability. Options 1. Approve the Amendment to the current Lease Agreement and allow Nextel West to occupy an additional 100 square feet of space in the concession building at Sacajawea Park at the council approved rental rate of $1,790 per month. CI 2. Do not approve the Amendment to the current Lease Agreement and require Nextel West to occupy only the 93 square feet of space approved under the terms of their current Agreement. 3. Do not approve the Amendment and provide direction to staff Staff Recommendation Approve the Nextel West request to lease an additional IOO square feet of building space at Sacajawea Park at the council approved rental rate of$I,790 per month. (Option I) Committee Recommendation Forward option -L to the full City Council for placement on the July 5,2005 City Council Consent Agenda with a "do pass" recommendation. AFPROY AL OF COMMITTEE ACTION: ~'. It. ~ ~-" 9tt~Z/~~u 06 mittee Member Ex cVj'Gcl Committee Member J,..... 0rv~~ Committee Chair C7- FIRST AMENDMENT TO LEASE AGREEMENT FOR NEXTEL WEST CORP. DRAFT 0/ d.1/ If s.- This First Amendment ("Amendment") is dated effective this day ofJuly, 2005, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and Nextel West Corp, a Delaware Corporation ("Tenant"). A. The City and Tenant entered into a Lease Agreement dated effective December 28, 1999 and renewed by letter dated September 15th, 2004, whereby the City agreed to lease to Tenant a portion ofthe property, more commonly known as Sacajawea Park, 1600 SW Dash Point Road, 98003 ("Lease"). B. Section 27 .b. ofthe Lease provided that any modification of or amendment to the Lease must be in writing and executed by both parties. C. The City and the Tenant desire to amend the Lease to increase the lease premises. NOW, THEREFORE, the parties agree to the following terms and conditions: 1. Lease Premises. Section 1 ofthe Lease and the Description ofthe Premises attached as Exhibit "B" to the Agreement shall be amended to include additional lease space more particularly described in Exhibit "B-4" attached hereto and incorporated by this reference ("Additional Lease Space"). Tenant shall at its sole cost remove and replace the stud wall as depicted in Exhibit "B- 5" in order to accommodate the expansion into the Additional Lease Space. Additionally, Tenant shall relocate the existing electric meter to the outside of the building as depicted in Exhibit "B-4" and relocate the telephone to the restroom/maintenance building at its sole cost. 2. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. \\\\ \\\\ - 1 - C5 DATED the effective date set forth above. CITY OF FEDERAL WAY By: David H. Moseley, City Manager PO Box 9718 Federal Way, WA 98063-9718 ATTEST: APPROVED AS TO FORM: City Clerk, N. Christine Green, CMC Patricia A. Richardson, City Attorney TENANT: NEXTEL WEST CORP. By: (Signature) (Name) Its: (Title) -'""'. ( Address) (Phone) STATE OF WASHINGTON) ) ss. COUNTY OF ) On this day personally appeared before me of , to me known to be the that executed the - 2 - C~)1 foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes thcrein mentioned, and on oath statcd that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of ,200_. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires K:\wireless\Ncxtel\Nextel Lease Amend - 3 - ("..5 MEETING DATE: July 5, 2005 ITEM# :J4::- . CITY OF FEDERAL WAY City Council AGENDA BILL SlJUJECT: ETHICS BOARD APPOiNTMENT CATEGORY: BUDGET IMPACT: o CONSENT o RESOLUTION ~ CITY COUNCIL BUSINESS o ORDINANCE o PUBLIC HEARING o OTHER Amount Budgeted: Expenditure Amt.: Contingency Req'd: $ $ $ A TT ACHMENTS; none SUMMARY/BACKGROUND: At a special meeting on July 5, 2005, the City Council will interview applicants to fill one 3-year board member position on the city's Ethics Board. The Council will confirm their new appointment during that evening's regular meeting. CITY COUNCIL COMMITTEE RECOMMENDATION: n/a PROPOSED MOTION: I hereby move the appointment of the following person to the city's Ethics Board: One 3-year boardmember term expiring June 30, 2008 - (The City Clerk will arrange for the new member's introduction and certificate presentation at the July 19 regular meeting) ------~ CITY MANAGER APPROVAL: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEIlfDEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) COUNCIL BILL # ST l' reading Enactment reading ORDINANCE # RESOLUTION #