Council PKT 02-21-2006
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Archive
A Federal Way
City Council Meeting
AGENDA
COUNCILMEMBERS
Mike Park, Mayor
Jeanne Burbidge Jim Ferrell
Jack Dovey Linda Kachmar
Eric Faison Dean McColgan
CITY MANAGER
Derek Matheson,
Interim City Manager
OFFICE OF THE CITY CLERK
February 21, 2006
AGENDA
FEDERAL WAY CITY COlJNCIL
REGULAR MEETING
Council Chambers - City Hall
February 21, 2006 - 7:00 PM ;
j
(wWw.cityofli:derafway.com)
* * * * *
L CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE ,
3. PRESENT A TIONS I
a. Certificates of Appointment - Arts Commission
b. Certificates of Appointment - Human Services Commission
c. Certificate of Appreciation- Outgoing Human Service Commission Members
d. Police Chiefs Citizen Commendation; Certificates of Merit; Police Chief's
COlTunendation and Medal of Meritorious Service A wards
c. Cily Manager/Introduction of New City Employees
f. City Manager/Emerging Issues
4. CITIZEN COMMENT
PLEASE COMI'LETE TilE PINK SLIP & PRESENT TO TilE CITY CLERK PRiOR TO SPEAKING. Citizens
may address City Council at this time When recognized by the Mayor, please corlte[orward 10 the podium and state
your name/or the record. PLEASE LIMlT YOUR REMARKS TO TllREE (3) MINU1E\'. The Mayor may interrupt
citizen comments that continue too long, relate negatively to other individuals. or are otherwise inappropriate.
5. CONSENT AGENDA
Items /isted below have been previouslV reviewed by a Council Committee o/three members and brought
bejbrejitll Councilfbr approval; all items are enacted by One motion !ndividual items may be removed bv
(J Council member for separate diSCUssion and subsequent motion
a. Minutes: Approval of the January 17, 2006 Special and Regular Meetings and
February 7, 2006 Special and Regular Meetings
b. Enactment Ordinance -Council Bill #397 - Tacoma Power Franchise Agreement
c. 2006 Bulletproof V cst Partnership Grant
d. Lakehaven Utility District Interlocal Agreement - Preliminary Engineering
Services Amendment No. I
e. S. 333rd St and 151 Way S Traffic Signal - 100% Design Approval and
Authorization to Bid
[ Resolution - Pella Final Plat Approval
g. 2006 Planning Commission Work Program
6. CITY COUNCIL BUSINESS
a. Mayor's 2006 Independent Salary Corn mission Appointments
b. St. Francis Hospital Menlo of Understanding to Provide I-Iealthcare Services
7. INTRODUCTION ORDINANCES
a. Council Bill #398 - Criminal and Traffic Code Amendments
An Ordinance of the City of Federal Way, Washington, amending Chaptcr 6, Articles 4
and 7 of the Criminal Code andadding Article lO to Chapter 15 of the Traffic Code of the
City of Fcderal Way.
8. CITY COUNCIL REPORTS
9. CITY MANAGER REPORT
10. EXECUTIVE SESSION
a. Potential Litigation pursuant to RCW 42.30.11 O( 1 )(i), and Sale of Real Property
pursuant to RWC 42.30.[ f 0(1 )(c).
II. ADJOURNMENT
** THE COUNCiL MA Y ADD AN/) TAKE ACT/ON ON OHlER fTt.:MS NOT LfSTED ON THE AGENDA **
THF: COMPLETE AGENDA PACKET IS A VAILAllLF: FOR REVIEW AT CITY HALL ANIl
A.LSO ON THE CITY'S WEllSITE tiNDER "Nr;;W--FEllERAL WA Y DOClJi...mNT LllIRARY"
-
MEETING f)ATI~:: February 21, 2006 ITEM# ::.J a .
--
. CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
CATEGORY: BUDGET IMPACT:
[8J CONSENT D ORDINANCE Amount Budgcted: $
D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $
D CITY COUNCIL BUSINESS D OTHER Conting(~ncy Req' d: $
......................................................--.......
ATTACHMENTS: Draft minutes of the January 17,2006 Special and Regular Meetings and the February 7, 2006
Special and Regular Meeting.
...........................................mmmm..........~
SUMMARYIBACKGROUND: Official City Council meeting minutes for pennancnt records pursuant toRCW
requirements.
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..~~.....~..~..~.~.~.I.~....~.()~.~I'~.I.~~....~~.~.~.~.~.~.~.~.~.~I~:~~.:...... n/a
PROPOSED MOTION: I move approval of the minutes oftbe City Council Minutes for Januaryl7 and February 7,
2006.
........................,.....""'...,,...... """..,,,.....................................................................,.......... ........................-.......
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICh]
COUNCIL ACTION:
0 APPROVED COUNCIL BILL #
0 DENIED 1ST d'
. rea mg
0 "~-
T ABLED/IlEFERRED/NO ACTION Enactment reading
0 MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001 ~-~-
.
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Preliminary
FEDERAL WAY CITY COUNCIL .
Council Chambers - City Hall
January 17,2006
Special Meeting - 5:00 PM
MINUTES
*****
I. CALL MEETING TO ORDER
Mayor Park called the meeting to order at 5:07 PM. Councilmembers present: Dovey,
Kochmar, Burbidge, McColgan, and Deputy Mayor Ferrell (arrived at 5:30).
Councilmember Faison was excused.
II. STEEL LAKE MANAGEMENT DISTRICT ADVISORY COMMITTEE
CANDIDATE INTERVIEWS
Council interviewed the following candidates for open positions on the City's Steel Lake
Management District Advisory Committee: Thomas DeZutter, Leo Heider, Timothy
Igielski, and Margaret Reyhner .
Council appointments will be made at the Regular Meeting to follow at 7:00 PM.
III. ARTS COMMISSION CANDIDATE INTERVIEWS
Council interviewed the following candidates for open positions on the City's Arts
Commission: Susan Honda, Peggy LaPorte, Rich McPhail, Bette Simpson, and Maggie
Ellis.
Council appointments will be made at the Regular Meeting to follow at 7:00 PM.
IV. ADJOURNMENT
Mayor Park adjourned the Special Meeting at 6:45 PM.
ATTEST:
-. .
Krystal Kelsey, Deputy City Clerk
Approved by Council on:
PRELIMINARY
FEDERAL WAY CITY COUNCIL
. Council Chambers - City Hall
January 17,2006
Regular Meeting -7:00 PM
MINUTES
*****
1. CALL MEETING TO ORDER
Mayor Park called the meeting to order at 7:05 PM.
Councilmembers Present: Deputy Mayor Ferrell, Burbidge, Dovey, Faison (arrived at 8:41) Kochmar,
and McColgan
Staff Present: Interim City Manager Derek Matheson, City Attorney Pat Richardson, and Deputy City
Clerk Krystal Kelsey.
2. PLEDGE OF ALLEGIANCE
Deputy Mayor Ferrell led the Pledge of Allegiance.
.3. PRESENTATIONS
a. Certificate of Appointment to Planning Commission - Pamela Duncan-Pierce:
Councilmember Dovey noted Ms. Duncan-Pierce was unable to attend the Council Meeting
because of Jury Duty, but that she would be appointed to an unexpired term through
September 30, 2006.
b. City Manager/Introduction of New City Employees
. Ashley Crispin, new recruit Police Officer
. Terell Powell, new recruit Police Officer
. Michael Coffey, new recruit Police Officer
. Tim Dickinson, Park and Facility Supervisor
c. City Manager/Emerging Issues
. Interim City Manager Derek Matheson stated there were no emerging issues.
4. CITIZEN COMMENT
Ron Walker, Diversity Commission Chair, rcported the success of the Martin Luther King, Jr. Day
celebrations and thanked the Fire Department for their eff0l1s to help the City make the event open to
more participants. Mr. Walker also gave special mention to Christina Smith, Management Analyst
. Intern, for the phenomenal job she did while working on the Martin Luther King, Jr. celebration.
Lana Bostick, Arts Commission Chair, thanked the Council for their previous and future support ofthe
Commission. Ms. Bostick reviewed the Commission's work plan for 2006.
PRELIMINARY
Mike McLeod, President of the Twin Lakes Homeowner's Association, spoke in opposition to the .
possible completion of SW 314th Street off Dash Pt. Road. Mr. McLeod provided the Council with a
letter he prepared expressing his specific concerns.
Norma Blanchard stated that although significant progress has been made in enforcing the clean up of
her neighbor's yard, she feels not enough has been done. Mrs. Blanchard expressed her extreme
dissatisfaction that the property is still not cleaned to her expectations.
John Wilde thanked the Council for the C-curb on 312th and First A venue. Mr. Wilde and Dini Duclos
presented the Council with a Certificate of Appreciation for the food drive with Century 21 at the
location of 312th and First A venue. Collected were 1,500 pounds of food and $109 dollars for the
local food bank.
Harold Ransom spoke in opposition to the possible completion ofSW 314th Street off Dash Pt. Road in
regards to Sound View Manor, a proposed development adjacent to Twin Lakes. Mr. Ransom is
particularly concerned with erosion should the plat be developed. He presented the Council with
newspaper clippings from 1977 depicting prior erosion control problems in the area.
Gordon Nelson spoke in opposition to the possible completion ofSW 314th Street off Dash Pt. Road.
Mr. Nelson is particularly concerned with negative traffic impacts.
Dave McKenzie spoke in opposition to the possible completion of SW 314th Street off Dash Pt. Road
and his concern about the status of the proposed Sound View Manor development. Mr. McKenzie
requested that the City work with the Twin Lakes Homeowners Association toward a solution to their .
concerns as the project progresses rather than after it is completed and is too late for public comment.
Anne Ransom spoke in opposition to the possible completion of SW 314th Street off Dash Pt. Road
and the development known as Sound View Manor. Ms. Ransom wants to be sure that the public is
given an opportunity to voice their concerns about this project before it is permitted.
Kathy McClung, Community Development Director, noted that the City has not received a formal
application for the Sound View Manor development. Furthermore, the City will be collecting public
comments. including during the Hearing Examiner process, the Land Use and Transportation
Committee meetings, and at any Council Meetings. Ms. McClung also stated that because the Council
makes the final decision and acts as a quasijudicial party, any concernsfrom citizens and developers
need to be relayed to herse({ or Cary Roe, Public Works Director, not the Council. Staff will take any
concernsfrom citizens and the developer to the Council in the permit process in order to prevent bias
from either side.
Ms. McClung concluded by stating that until the City receives a formal application, it is unable to
anticipate any timeline for this project. Anyone who would like to be on the parties of record should
speak with Ms. McClung; they will be kept informed of any action concerning this project.
H. David Kaplan submitted a letter to the Council concerning three Parks Department issues he would
like addressed: The EEOC case, the Community Center construction status and the Community Center
fundraising status.
.
PRELIMINARY
5. CONSENT AGENDA
. A. Minutes/January 3, 2006 Regular Meeting; January 5, 2005 Special Meeting - Approved
B. Resolution: Grant Funding for Transportation Improvement Projects - Pulled
C. Pacific Highway South HOV Lanes Phase III (S. 284th to Dash Point Road) - 85% Design
Status - Approved
Councilmember Dovey pulled Consent Item B - Resolution: Grant Funding for Transportation
Improvement Projects
MOTION: Councilmember Kochmar moved approval of Consent Items A and C. Deputy Mayor
Ferrell second. The motion carried 5-0.
Consent Item B - Resolution: Grant Funding for Transportation Improvement Projects.
Councilmember Dovey recused himselffrom voting on this item, as he is a property owner affected by
this project.
MOTION: Councilmember McColgan moved approval of the resolution ~ Grant Funding for
Transportation Improvement Projects. Councilmember Kochmar second. The motion passed 5-0
(Dovey recused). Assigned Resolution No. 06-469
6. CITY COUNCIL BUSINESS
A. Mayor Park announced the following Council Committee assignments:
. Economic Development Committee mnC)
Eric Faison, Chair
Jeanne Burbidge
Dean McColgan
Meets: 3rd Tuesdays at 5:30 p.m.; Hylebos Conference Room
Mayor Park noted that Economic Development has been removed from the former Finance,
Economic Development and Regional Affairs Committee.
Finance. Human Services & Re2ional Affairs Committee (FHSRAC)
Linda Kochmar, Chair
Jeanne Burbidge
Jack Dovey
Meets: 4th Tuesdays at 5:30 p.m.; Hylebos Conference Room
Mayor Park noted that Human Services has been removed from the former Parks, Recreation,
Human Services and Public Safety Committee and added to the Finance and Regional Affairs
Committee.
Land Use & Transportation Committee (LUTC)
Jack Dovey, Chair
. Eric Faison
Dean McColgan
Meets: I SI & }rd Mondays at 5:30 p.m.; Council Chambers
PRELIMINARY
Parks, Recreation & Public Safety Committee (PRPSC) .
Jeanne Burbidge, Chair
Jim Ferrell, Member
Linda Kochmar, Member
Meets: 2nd Mondays @ 6:00 p.m.; Hylebos Conference Room
B. Arts Commission Appointments - At a special City Council meeting just prior to the regular
meeting, the Council interviewed the following candidates for appointment to the Arts
Commission: Susan Honda, Peggy LaPorte, Rich McPhail, Bette Simpson, and Maggie Ellis.
MOTION: Councilmember Burbidge moved appointment of the following individuals to the
Arts Commission: Susan Honda, Peggy LaPorte, Rich McPhail, Bette Simpson, and Maggie
Ellis. Councilmember Kochmar second. The motion carried 6-0.
C. Steel Lake Management District Advisory Committee Appointments - At a special City
Council meeting just prior to the regular meeting, the Council interviewed the following
candidates for appointment to the Steel Lake Management District Advisory Committee:
Thomas DeZutter, Leo Heider, Timothy Igielski, and Margaret Reyhner.
MOTION: Councilmember Dovey moved appointment of the following individuals to the
Steel Lake Management District Advisory Committee: Thomas DeZutter, Leo Heider,
Timothy Igielski, and Margaret Reyhner. Councilmember Kochmar second. The motion
carried 6-0. .
MOTION: Councilmember Kochmar moved to postpone Agenda Item 7a., Introduction Ordinance, until
after the City Manager Report. Councilmember Dovey second. The motion carried 6-0.
8. CITY COUNCIL REPORTS
Councilmember McColgan congratulated all participants in making the Martin Luther King Junior
celebration such a success. Councilmember McColgan further reported that Waters-Oldani has been
retained as the finn conducting the City Manager search which is expected to take several months.
Waters-Oldani recently conducted the City of Tacoma City Manager search in 2005.
Councilmember Dovey echoed Councilmember McColgan's praise ofthe Martin Luther King Junior
celebration. Councilmember Dovey thanked the members of the Twin Lakes HomeOwners
Association for their comments and invited them to attend any of the Land Use and Transportation
Meetings.
Councilmember Kochmar reported that the first meeting ofthe Finance, Human Services and Regional
Affairs Committee is scheduled for Tuesday, January 24, 2006 at 6:00. Councilmember Kochmar
thanked everyone involved [or making the Martin Luther King Junior three-day celebration such a
success. Lastly, Councilmember Kochmar reminded everyone of the Economic Forecast Breakfast
hosted by the Chamber of Commerce at the Federal Way Commons on Thursday, January 19 from
7:00 -- 9:00 AM.
Councilmember Burbidge repOlied that the next meeting of the Parks, Recreation and Public Safety .
Committee is scheduled for January 23,2006 at 6:00 PM. Councilmember Burbidge reminded citizens
of upcoming open house events: Sound Transit route changes on Wednesday February 1 from 7:00 to
PRELIMINARY
8:30 p.m. at Calvary Lutheran Church; and the SR 99 HOV Lanes Phase III projectopen house will be
. held on Wednesday, February 8.
Deputy Mayor Ferrell thanked Mr. Kaplan for bringing his concerns before the Council, thanked the
Twin Lakes Homeowners for their comments, and thanked Jon Wilde and his group for their efforts to
raise funds and food for the food bank.
Mayor Park expressed his pleasure over the formation of the new South King Fire and Rescue
Department Mayor Park reported about his recent legislative activities in Olympia, specifically
brining issues important to Federal Way before our representatives in the House and Senate. One
major issue before the legislature this year is Streamlined Sales Tax. Mayor Park encouraged citizens
to attend the upcoming City Council Retreat on January 28, 2006 at the Dumas Bay Center.
9. CITY MANAGER REPORT
Interim City Manager Derek Matheson congratulated Ron Walker, the Diversity Commission and
Ameri-Corps for their efforts in making the Martin Luther King Junior Celebration a success. Mr.
Matheson announced that Ninth A venue South is scheduled for closure January 24 through January 26
to allow storm drainage improvements.
7. INTRODUCTION ORDINANCE
Deputy City Clerk Kelsey read Council Bill #395 - Proposed Text Amendments to FWCC Chapter 22
. "Zoning", Pertaining to City Center and Neighborhood Business Zones into the record. Senior Planner
Lori Michaelson gave a brief staff report on the history of the ordinance; Mr. Doherty answered
Economic Development-related inquiries regarding present and future use restrictions concerning any
maximum new single-story construction size limits.
Council discussed the benefits and drawbacks of imposing various maximum square-footage size
limits for new single-story construction.
MOTION: Council member McColgan moved to approve the proposed ordinance as recommended by
the Land Use/Transportation Committee amending City Center Core and Frame zoning regulations and
move it to a second reading at the February 7, 2006 City Council Meeting. Councilmember Faison
second.
AMENDMENT: Councilmember Dovey moved to amend the proposed motion to 20,000 square feet
instead of 10,000. Councilmember Kochmar second. The motion fails 4-3 with Deputy Mayor Ferrell
and Councilmembers Dovey and Kochmar dissenting.
Deputy City Clerk Krystal Kelsey took a roll call vote:
Mayor Park no Councilmember Faison no
Deputy Mayor Ferrell yes Councilmember Kochmar yes
Councilmember Burbidge no Councilmember McColgan no
Councilmember Dovey yes
.
PRELIMINARY
AMENDMENT: Councilmember Faison moved to amend the size limit to 16,000 square feet. .
Councilmember Dovey second. The motion carried 6-1 with Councilmember Kochmar dissenting.
Deputy City Clerk Krystal Kelsey took a roll call vote:
Mayor Park yes Councilmember Faison yes
Deputy Mayor Ferrell yes Councilmember Kochmar no
Councilmember Burbidge yes Councilmember McColgan yes
Councilmember Dovey yes
MAIN MOTION: The main motion carried 7-0 as amended.
10. EXECUTIvE SESSION:
Council adjourned to Executive Session at 9; 12 p.m.
a. Potential Litigation pursuant to RCW 42.30.11 O( 1 )(i) - No action expected.
11. ADJOURNMENT:
Mayor Park adjourned the regular meeting at 9: 17 PM
ATTEST: .
Krystal Kelsey, Deputy City Clerk
Approved by Council on:
.
Preliminary
. FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
February 7, 2006
Special Meeting - 5:00 PM
MINUTES
*****
1. CALL MEETING TO ORDER
Mayor Park called the meeting to order at 5:0 I PM. Councilmembers present: Faison, Dovey,
Kochmar, Burbidge and McColgan (arrived at 5:30). Deputy Mayor Ferrell was exclIsed.
II. HUMAN SERVICES COMMISSION CANDIDATE INTERVIEWS
Council interviewed the following candidates tor open positions on the City's Human Services
Commission: Bob Wroblewski, Florenda Wyatt-Simmons, Davina Nolten, Stephen DeTray and
Herman Brewer.
Council appointments will be made at the Regular Meeting to follow at 7:00 PM.
. III. ARTS COMMISSION APPOINTMENTS
a. Motion to clarifY term assignments
City Clerk Laura Hathaway explained the need to clarifY term assignments for the City's Arts
Commission, stating that at the January 17,2005 City Council meeting, the Council appointed five
applicants to the Arts Commission but did not specifY who would fill the four full-term voting
positions and who would fill the unexpired tenn left vacated by a resignation on the commission.
MOTION: Coul1cilmember Burbidge moved to appoint Peggy LaPorte, Susan Honda, Maggie
Ellis and Bette Simpson to full 3-year Arts Commission terms (expiring 12/31/08) and Rich
McPhail to fill the unexpired term on the commission (expires 12/31/06).
IV. ADJOURNMENT
Mayor Park adjourned the Special Meeting at 6:32 P.M.
ATTEST:
-
Laura Hathaway, City Clerk
Approved by Council on:._____
.
PRELIMINARY
. FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
February 7, 2006 - 7:00 PM
(www.cityoffederalway. com)
* * * *
l. CALL MEETING TO ORDER
'Mayor Park called the meeting to order at 7:03 PM. Councilmembers present: Burbidge, Dovey,
Faison, Kochmar, McColgan, Deputy Mayor Ferrell and Mayor Park.
2. PLEDGE OF ALLEGIANCE
Led by Boy Scouts of America Pack 366
3. PRESENT A TIONS
a. Proclamation - Chamber of Commerce Week - Mayor Park stated this item would
be postponed until the February 21,2006 City Council Meeting
. b. Certificates of Appointment to Steel Lake Advisory Committee - The Stecl Lake
Committee members were not in attendance --- their certificates of appointment
will be mailed out.
c. City Manager/Introduction of New City Employees - Interim City Manager Derek
Matheson read a brief biography of two new employees.
d. City Manager/Emerging Issues:
a. Community Center Update
Construction Manager Charlie Demming updated the City Council on the construction schedule,
project budget and general progress of the project. Mr. Demming showed a series of photographs
illustrating the progress of the project through December 2005 and entertained Council questions.
b. Sound Transit Phase II Update
Joni Earl, Sound Transit Chief Executive Officer, updated the Council on the various Sound
Transit (ST) projects throughout the region, including LINK and the new Federal Way Transit
Center. Ms. Earl addressed potential projects for Federal Way and the south corridor and
entertained Council questions.
Deputy Mayor Fen-ell asked what is meant by "alignment". Ms. Earl stated that alignment is the
. proposed route Councilmember Ferrell asked if the proposed route for Phase n for light rail
service from Kent /Des Moines to Tacoma is Highway 99. Ms. Earl responded yes.
PRELIMINARY
Ms. Earl statcd that ST has 63 projects they are looking at and they can't aff()[d every project so
therefore it is very important for cities to inform them of their priorities. .
Councilmember Faison suggested that a Study Session on this issue might be in order. Ms. Earl
agreed.
Councihnember Dovcy asked when ST nccds to hear horn the City if ST makes the June election
ballot. Ms. Earl responded by March 31 st.
4. CITIZEN COMMENT
Tony Mikesell- asked for regulation of pit bulls within the City. I-Ic stated that on January 17'\
his two dogs were mauled in his own yard by a neighboring pit bull.
Bene Dagan - had two comments (clerk read comments into the record). Asked that there be
public gardening space in the parks people could rent. Proceeds would go to low ineome/elderly
housing and/or daycare and schools. She also stated her concern for the City Center project asking
that it be pedestrian and family friendly.
Dini Duclos - cxpressed her sympathy to Mr. Mikesell and thanked City Hall employees for the
over 1,000 cans of soup collected for the food bank during the first annual "Souper- Bowl".
Jo Ann Kaye - thanked the Council for addressing Corondo Park and installing lighting and speed
bumps; expressed concern regarding a home occupation house and the issue of 24 hour parking; .
and agreed with Mr. Mikesell on the need to regulate pit bulls.
Frosty Hardison - asked for a follow-up on his request for a noise ordinance; agreed with the need
to regulate pit bulls and addressed Police Officer issues.
City Attorney Pat Richardson stated the City has a noise ordinance that is aclual~)l more stringent
than the one Mr. Hardison proposed.
Bob Hitchcock - Federal Way Chamber of Commerce - thanked the staff for removing the
building moratorium in the downtown core but expressed dismay at the Land Use Trm1sportation
Committee in changing the allowable building square footage from 20,000 sq. n. to 16,000 sq. ft.
H. David Kaplan - thanked staff for the Community Center update; stated that the Police Town
Hall meetings m"e poorly attended and with all the complaining that goes on in the City about
public safety you would think they would bc bettcr attended. Mr. Kaplan also noted that Shirley
Charnell died on January 20th. The Webb family, her ancestors, was one of the earliest settlers of
the Federal Way area and Ms. Charnell was instrumental in founding the Federal Way Historical
Society.
Mayor Park asked Interim City Manager Derek Matheson about a Pit Buff Ordinance. Mr.
Matheson replied staff would bringforth a draft ordinancef()r their review. .
PRELIMINARY
5. CONSENT AGENDA
.
a. Minutes: Approval of the January 10,2006 Special Meeting - Approved
b. Vouchers - Approved
c. Enactment Ordinm1ce -Text Amendments to FWCC Chapter 22 "Zoning",
Pertaining to City Center and Neighborhood Business Zones - Pulled
d. Approval of Clearwire Site Lease at Lakota Park - Approved
e. Madrona Park Playground Installation Acceptance - Pulled
f. Madrona Park/BP A Trail Phase IV Construction - Approved
g. . Compliance Requirements for Federal Highway Grant Projects - Approved
Councilmember Kochmar pulled Consent Item c. Councilmember Burbidge pulled
Consent Item e.
MOTION: Councilmember Dovey moved approval of Consent Items a,b,d, f and g. Deputy
Mayor Ferrell second. The motion carried 7-0.
Consent Item c - Enactment Ordinance -Text Amendments to FWCC Chapter 22 "Zoning",
Pertaining to City Center m1d Neighborhood Business Zones:
Councilmember Dovey addressed the reason behind the Land Use Transportation Committee's
(LUTC) decision to change the allowable square footage in the downtown core from 20,000 sq. ft.
. to 16,000 sq. ft. stating that only two parcels in the downtown core exceed 20,000 and the City
wm1ts development to go up not spread out.
Community Development Director Kathy McCltmg added that the two properties in the
downtown core that exceed 20,000 sq. ft. are both vacant properties.
Deputy Mayor Ferrell stated that he was not comfortable with how LUTC reached the 16,000 sq.
ft.limit and asked Mr. Hitchcock of the Chamber of Commerce to come back to the podium to
address their concerns about this decision. Mr. Hitchcock statcd the Chmnber telt this was a
credibility issue, it was agreed that the limit would be 20,000 sq. ft and LUTC changed it to
16,000. He stated the real estate market is comfortable with 20,000.
Councilmember Dovey stated that the vision for the downtown core is density, mixed-use and
redevelopment. If the existing footprint (buildings) is there developers can use that -- this is for
new development and it would be wrong to reverse the recommendation of the LUTC and raise
the square footage to 20,000.
MOTION: Council member Dovey moved to approve the proposed zoning regulations affecting
the City Center core, City Center Frame and Neighborhood business zones for enactment five
days after publication. Councilmember Faison second.
.
PRELIMiNARY
AMENDMENT: Councilmcmber Kochmar moved to amend Council Bill No. 395 as referenced .
as amendments 4A and 4b in the statTreport regarding size limits for single-story construction by
setting the limit at 20,000 square teet in the various city codc provisions (sec attached list).
Deputy Mayor Ferrell second. Motion fails 4-3; Councilmembers Burbidge, Dovey, Faison and
Mayor Park dissenting.
City Clerk Hathaway took a roll call vote:
Mayor Park no Councilmember Faison no
Deputy Mayor Ferrell yes Councihnember Kochmar yes
Councilmcmber Burbidge no Council member McColgan yes
Councill11el11ber Dovey no
MAIN MOTION: The main motion passed 5-2; Councilmember McColgan and Deputy Mayor
Ferrell dissenting.
City Clerk Hathaway took a roll call vote:
Mayor Park yes Councill11ember Faison yes
Deputy Mayor Ferrell no Councihnel11ber Kochmar yes
Councilmember Burbidge yes Councilmember McColgan no
Councilmember Dovey yes .
Assigned Ordinance No. 06-515
Consent Item e: Councilmcmber Burbidge pulled this item in order to highlight it and celebrate
its completion along with Consent Item f. She stated this is an important project along with the
extension of the BP A trail
MOTION: Councilmember Burbidge moved approval of Consent Item e, Madrona Park
Playground Installation Acceptance. Councilmember Kochmar second. The motion carried 7-0.
6. CITY COUNCIL BUSINESS
a. 2006 IIuman Services Commission Appointments
Councilmember Kochmar introduced this item stating the Council interviewed applicants at a
special meeting earlier in the evening.
MOTION: Councilmember Kochmar moved the following applicants to full three-year terms on
the Human Services Commission: Bob Wroblewski, Stephen DeTray and lIerman Brewer and
moved appointment of Davina Nolten and Florenda Wyatt-Simmons as alternates to the
commission. Councilmember Dovey second. The motion carried 7-0.
7. INTRODUCTION ORDINANCES .
PRELIMINARY
. a. Council Bill #396 - Repeal of Interim Zoning Codes
An Ordinance of the City of Federal Way, Washington, repealing the interim official
zoning controls adopted on June 7,2005 (Repealing Ordinance Numbers 05-493, 05-499,
and 05-513).
City Clerk Hathaway read thc Ordinance Title into the record.
MOTION: Councilmember Dovey moved to waive the second reading of I:he proposed
Ordinance repealing the interim official zoning controls and approve the Ordinance as proposed
for enactment simultaneously with Council Bill No. 395- Text Amendments to Federal Way City
Code Chapter 22-Zoning. Councilmembcr McColgan second. crhe motion carried 7-0.
Assigned Ordinance 06-516
b. Council Bill #397 - Tacoma Power Franchise
An Ordinance ofthe City of Federal Way, Washington, granting unto the City of Tacoma
Department of Public Utilities, Light Di vision, a Municipal Corporation, a non-exclusive
franchis'e to occupy the rights-of-way of the City of Federal Way, Washington, through the
franchise area for the purposes of constructing, maintaining, repairing, renewing "md
operating an electrical light and power system within and through the City of Federal
. Way.
MOTION: COlmcilmember Kochmar moved the Ordinance to a second reading/enactment at the
February 21,2006 Regular City Council Meeting. Councilmember McColgan second. The motion
carried 7-0.
8. CITY COUNCIL REPORTS
COlUlcilmember McColgan gave a brief update on the City Manager recruitment process and
stated the Councilmembers would be interviewing with the Waters-Oldani (houp, the firm hired
to conduct the search, next week.
Councilmcmber Faison stated the next meeting of the Economic Development Committee is
scheduled for February 21,2006 at 5:30 PM.
Councilmemher Dovey stated the next L,md Use Transportation Committee meeting is scheduled
for March 6, 2006.
Councilmember Burbidge stated the next Parks, Recreation, Public Safety Committee meeting is
scheduled for February 13, 2006 and stressed the importance of attending the open house
sponsored by the Parks Department tomorrow night.
. Councilmember Kochmar statcd the next Finance, Human Services, Regional Affairs Committee
PREL/!l1/NA II V
meeting is scheduled for february 28, 2006, thanked the Police Department for their January 261h .
Town Hall Meeting ,md reminded the public of the upcoming Daughter's Night Out Dance at
Klahanee on February 11, 2006.
Deputy Mayor Ferrell stated the January 28, 2006 Council retreat was very successful and the
issue of Public Safety was addressed. He doesn't helieve the city should wait on this issue and
called on the Council to act now to recruit new officers.
Mayor Park mmounced the next meeting of the Lodging Tax Advisory Committee is scheduled for
february 8th at 8:00 AM. Mayor Park also announced that he fondly refers to February ih as his
second birthday as he arrived in the U.S. 30 yem's ago tonight speaking no English with $120.00
in his pocket. Hestated the U.S. is truly the land of opportunity.
9. CITY MANAGER REPORT
Interim City Manager Derek Matheson stated the recent heavy rains created a mudslide at Dumas
Bay and took out the stairs to the beach. The good news is that the stairs are on the Parks
Department workplan for replacement in 2006. He also reported that the speed tables behind the
Metropolitan Market are working to slow drivers down and thanked Deputy City Clerk Krystal
Kelsey for organizing the "Souper-Bowl" soup collection for the food bank.
10. EXECUTIVE SESSION .
Council adjourned to Executive Session at 9:32 to discuss the following:
a. Potential Litigation pursuant to RCW 42.30.110(1)(i)-No action expected.
11. ADJOURNMENT
Mayor Park adjourned the meeting at 9:53 PM
ATTEST:
Laura K. Hathaway, City Clerk
Approved by Council on: _
.
MEETING DATE: -February 7", !6lhr 1 :J-jorp ITEM# ~~Sh
.........._ .....B........." ,..".",....,..... .,.."".......................-...........-....... ................................. .......,,,,,,,,,..... .--..........
. CITY OF FEDERAL WAY
City Council
AG:ENDA BILL
SUBJECT: Proposed Tacoma Department of Public Utilities Light Division Franchise
...."......,....,.........." . ..........................................- ...................-.....-........-..........--.....-......- ................... ..................,...."',.""."'"",.,."."..".....".."........"......................- .............-...-.......- ............................-.............-...
CATEGORY: BUDGET IMP ACT:
M CONSENT [8J ORDINANCE Amount Budgeted: $
D RESOLUTION D PlJBLIC HEARING Expenditure Amt.: $
D CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $
. .. ..............,.,.- ............-....-.......-...., ..........._........_..._..._m......._......_...._...._....... .......... ............ ..., . . ................................................_ ............__...........___._ ............____..._....._ m... m....~. ,.",.. "." ,................................._ ............_......._._.._....._.__....._.......
A TT ACHMENTS: Memorandum to the Finance, Economic Development and Regional Affairs Committee dated
January 24th, 2006
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SUMMARYIBACKGROUND: The basic terms of the proposed franchise are as follows:
1. Equipment. The franchise would permit Tacoma Power to construct and maintain and repair
currently existing electric light and power facilities and install new facilities within City Rights-of-Way.
. 2. Consideration. Tacoma Power will pay the City's administrative costs and expenses in preparing
and approving the franchise up to $1,000.00 and relocate its facilities at the City's request, at Tacoma Power's
cost, and repair any damages it causes to the right-of-way, also at its own cost. Underground conversion costs
are allocated forty percent paid by the City and sixty percent paid by the franehisee. One hundred percent of the
trenching, restoration and surveying costs for the conversion are paid by the City.
3. Insurance. Tacoma Power will maintain insurance of $5 Million combined single limit for
commercial general liability and $5 Million for automobile insurance. The franchisee may self-insure against
such risks in such amounts consistent with good utility practices.
4. Term. The term of thc proposed franchise is 10 years, consistent with franchises the City has
granted to similar companies.
5. Bond. The proposed franchise does not require Tacoma Power to post a bond for work in the right of
way since it is a public utility. However, the franchisee will be required to obtain a right of way permit.
..."......,............................._ ...............__m.... ........ ., '''' ."..,."........,."....""u".""..,..~
CITY COUNCIL COMMITTEE RECOMMENDATION: At its January 241\ 2006 meeting, the Finance, Economic
Development and Regional Affairs Committee forwarded the following staff recommendations:
1. Approve the Ordinance and forward to the full council for first reading at the February 7,2006 meeting.
(Option 1).
.'" .................................................................-.......
PROPOSED MOTION: "} move to approve the Ordinance and fOlWard it to the full City Council for placement
on the February 7,2006 City Council Agenda for first reading with a "do pass" recommendation. (Option 1)."
~~..._-- .._~----_._---- -..
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED COUNCIL BILL # 1)L7~
D DENIED 1 ST reading
D TABLEDIDEFERRED/NO ACTION Enactment reading
D MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
REV ISED - 05/10/2001
.
.
CITY OF FEDERAL WAY
. MEMORANDUM
- .
DATE: January 24,2006
TO: Finance, Economic Development and Regional Affairs Committee
VIA: Derek Matheson, Interim City Manager
FROM: Ken Miller, Deputy Public Works Director
SUBJECT: Proposed Tacoma Department of Public Utilities Light Division Franchise
POLICY ISSUE
Should the City grant the City of Tacoma Department of Public Utilities, Light Division
(Tacoma Power) a Franchise to operate and maintain an electrical light and power system
within certain Rights Of Way and streets within the City of Federal Way?
BACKGROUND
The basic terms of the proposed franchise are as follows:
1. Equipment. The franchise would permit Tacoma Power to construct and
maintain and repair currently existing electric light and power facilities and install new
. facilities within City Rights-of-Way.
2. Consideration. Tacoma Power will pay the City's administrative costs and
expenses in preparing and approving the franchise up to $1,000.00. Tacoma Power will also
relocate its facilities at the City's request, at Tacoma Power's cost, and repair any damages it
causes to the right-of-way, also at its own cost. Underground eonversion costs are allocated
forty percent paid by the City and sixty percent paid by the franchisee. One hundred percent
of the trenching, restoration and surveying costs for the conversion are paid by the City.
3. Insurance. Tacoma Power will maintain insurance of$5 Million combined single
limit for commercial general liability and $5 Million for automobile insurance. The
franchisee may self-insure against such risks in such amounts consistent with good utility
practices.
4. Term. The term of the proposed franchise is 10 years, consistent with franchises
the City has granted to CFC, Olympic Pipeline, for pipeline maintenance AT&T (now
Com cast), for cable; Puget Sound Energy; Tacoma Public Utilities Water Division;
Weyerhaeuser, Sprint, Metromedia and Williams (for fiber optic cable), AT&T Wireless
Services and VoiceStream and Cingular (for wireless facilities).
5. Bond. The proposed franchise does not require Tacoma Power to post a bond for
work in the right of way since it is a public utility. However, the franchisee will be required
. to obtain a right of way permit in accordance with this Franchise.
k:\fedrac\2006\Ol-24-06 tacoma power franchise.doc
OPTIONS .
1. Recommend approval of the Ordinance and fOlWard to the full council for first
reading at the February 7,2006 meeting.
2. Recommend rejection of the Ordinance.
3. Recommend modification of the Ordinance and fOlWard to the full council for first
reading at the February 7,2006 meeting.
STAFF RECOMMENDATION
Approve the Ordinance and fOIWard to the full council for first reading at the February 7,
2006 meeting. (Option 1)
COMMITTEE RECOMMENDATION
FOIWard option _ to the full City Council for placement on the February 7,2006 City
Council Agenda for first reading with a "do pass" recommendation.
.
k:\fedrac\2006\Ol-24-06 tacoma power frandlise.doc .
CITY OF FEDERAL WAY
. MEMORANDUM
DATE: January 24, 2006
TO: Finance, Economic Developmcnt and ~ffairs Committee
VIA: Derek Matheson, Interim City Manag
FROM: Ken Miller, Deputy Public Works Director ~~
SUBJECT: Proposed Tacoma Department of Public Utilities Light Division Franchise
-, -
POLICY ISSUE
Should the City grant the City of Tacoma Department of Public Utilities, Light Division
(Tacoma Power) a Franchise to operate and maintain an electrical light and power system
within certain Rights Of Way and streets within the City of Federal Way?
BACKGROUND
The basic terms ofthe proposed franchise are as follows:
1. Equipment. The franchise would permit Tacoma Power to construct and
maintain and repair currently existing electric light and power facilities and install new
facilities within City Rights-of-Way.
. 2. Consi'deration. Tacoma Power will pay the City's administrative costs and
expenses in preparing and approving the franchise up to $1,000.00. Tacoma Power will also
relocate its facilities at the City's request, at Tacoma Power's cost, and repair any damages it
causes to the right-of-way, also at its own cost. Underground conversion costs are allocated
forty percent paid by the City and sixty percent paid by the franchisee. One hundred percent
of the trenching, restoration and surveying costs for the conversion are paid by the City.
3. Insurance. Tacoma Power will maintain insurance of$5 Million combined single
limit for commercial general liability and $5 Million for automobile insurance. The
franchisee may self-insure against such risks in such amounts consistent with good utility
practices.
4. Term. The tenn of the proposed franchise is 10 years, consistent with franchises
the City has granted to CFC, Olympic Pipeline, for pipeline maintenance AT&T (now
Comcast), for cable; Puget Sound Energy; Tacoma Public Utilities Water Division;
Weyerhaeuser, Sprint, Metromedia and Williams (for fiber optic cable), AT&T Wireless
Services and VoiceStream and Cingular (for wireless facilities).
5. Bond. The proposed franchise does not require Tacoma Power to post a bond for
work in the right of way since it is a public utility. However, the franchisee will be required
to obtain a right of way permit in accordance with this Franchise.
. k:\fedrac\2006\Ol-24-06 tacoma power franchise.doc
D \
OPTIONS .
L Recommend approval of the Ordinance and forward to the full council for first
reading at the February 7, 2006 meeting.
2. Recommend rejection of the Ordinance.
3. Recommend modification of the Ordinance and forward to the full council for first
reading at the February 7,2006 meeting.
STAFF RECOMMENDATION
Approve the Ordinance and forward to the full council for first reading at the February 7,
2006 meeting. (Option 1)
COMMITTEE RECOMMENDATION
Forward option I to the full City Council for placement on the February 7, 2006 City
Council Agenda for first reading with a "do pass" recorrunendation.
.
1c:\fedrac\2006\Ol-24-06 tacoma power franchise. doc .
p. 2--
. ORDINANCE NO. 06-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, GRANTING UNTO THE CITY
OF TACOMA DEPARTMENT OF PUBLIC UTILITIES, LIGHT
DIVISION, A MUNICIPAL CORPORATION, A NONEXCLUSIVE
FRANCHISE TO OCCUPY THE RIGHTS-OF-WAY OF THE CITY
OF FEDERAL WAY, WASHINGTON, THROUGH THE
FRANCHISE AREA FOR THE PURPOSES OF CONSTRUCTING,
MAINTAINING, REPAIRING, RENEWING AND OPERATING AN
ELECTRICAL LIGHT AND POWER SYSTEM WITHIN AND
THROUGH THE CITY OF FEDERAL WAY.
_._-,._,~.
WHEREAS, The City of Tacoma Department of Public Utilities, Light Division, has
requested a franchise from the City of Federal Way, in order to install, operate and maintain a electricaJlight
and power system in certain rights-of-way as depicted in Exhibit A on file with the City Clerk; and
WHEREAS, the City Council of Federal Way finds that it is in the public interest to specify
the rights and duties ofthe City of Tacoma Department of Public Utilities, Light Division, through a franchise;
. and
WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive
franchises for the use of public streets, bridges or other public ways for, inter alia, poles, conduits, tunnels,
towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical
energy; and
WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves such
other powers and authorities granted to Washington code cities by general law;
NOW THEREFORE, THE CITY COUNCil- OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
. ORD # 06- ,PAGE 1
------
SECTION 1. DEFINITIONS
Where used in this Franchise thc following terms shall be defined as follows: .
1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the State of
Washington, and its respective successors and assigns.
1.2 "Council" means the City of Federal Way Council acting in its official capacity.
1.3 "Director" means the Public Works Director, or designee, ofthe City of Federal Way Public
Works Department.
1.4 "Facilities" means all plant, equipment, wires, conduit, meters, communication equipment for
remote meter reading and systems automation, generation equipment, and transmission and distribution poles
as may be necessary to provide electric utility service for customers. It does not include cable television
husiness equipment used for cable television activities.
1.5 "FWCC" means the Federal Way City Code.
1.6 "Franchise Area" means rights-of-way for public roads, streets, avenues, alleys, and highways
ofthe City as set forth in Exhibit A. The Franchisee shall place Facilities on the right-of-way in the Franchise .
Area, but not on any other public property owned, in whole or in part, leased, or otherwise occupied by the
City.
1.7 "Franchisee" means The City of Tacoma Department of Public Utilities, Light Division, a
municipal corporation, and public utility, and its respective successors and assigns.
SECTION 2. GRANT/ACCEPTANCE
2.1 Grant of Franchise. The City does hereby grant to Franchisee, subject to the terms of this
Franchise, the right, privilege, authority and franchise to lay, construct, extend, repair, renew, and replace
Facilities in the Franchise Area.
ORD # 06- , PAGE 2 .
2.2 Acceptance bv Franchisee. Franchisee shall have no rights under this Franchise, nor shall
. Franchisee be bound by the terms and conditions ofthis Franchise, unless Franchisee shall, within sixty (60)
days after the effective date of this Franchise, file with the City its written acceptance ofthis Franchise and all
of its terms and conditions.
SECTION 3. NON-FRANCHISE AREA CITY PROPERTY
This Franchise does not and shall not convey any right to Franchisee to install its Facilities on, under,
over, across, or to otherwise use City-owned or leased properties of any kind outside the Franchise Area, or to
install Facilities on, under, over, across or otherwise use any City owned or leased property within the
Franchise Area other than public roads, streets, avenues, alleys and highways.
SECTION 4. TERM
Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term ofthis Franchise shall
. be for a period of ten (10) years commencing on the effective date of this Franchise, unless terminated earlier
pursuant to the terms of this Franchise or other applicable law. This Franchise may be renewed for one
additional ten (l 0) year period upon written request of Franchisee, not more than two (2) years or less than one
hundred eighty (180) days prior to the expiration of the initial term.
Notwithstanding the foregoing, franchisee may terminate this franchise, and remove its
facilities, at any time upon at least 90-days written notice to the City.
SECTION 5. LOCATION OF FACILITIES
5.1 Location. In addition to the other requirements in this Franchise, the location ofthe Facilities,
including the underground Facilities and appurtenances, their depths below surface of ground or grade of a
right-of-way (when available), shall be depicted on a map and submitted to the City within thirty (30) days of
. ORD # 06- , PAGE 3
acceptance of this franchise or installation. Upon written request of the City, Franchisee shall update such map .
to reflect actual or anticipated improvements to the Facilities. Any such map (or update thereof) so submitted
shall be for informational purposes only and shall not obligate Franchisee to undertake any specific
improvements, nor shall such map be construed as a proposal to undertake any specific improvements.
5.2 GIS Data. Franchisee shall submit the information required in Subsection 5.1 above in digital
Geographic Information System ("GIS") format, showing the location of its Facilities within the Franchise
Area.
5.3 Design Markings. In the event the City desires to design new streets or intersections, renovate
existing streets, or make any other public improvements, Franchisee shall further provide the location of
Franchisee's underground Facilities within the Franchise Area by either field markings or by locating the
Facilities on the City's design drawings, and shall provide all other reasonable cooperation and assistance to
the City.
5.4 No Warranty or Waiver. Nothing herein is intended to relieve the parties of their respective .
obligations arising under Chapter 19.122 RCW or other applicable law with respect to detennining the location
of utility facilities prior to construction. Further, neither the provisions of this Franchise nor the absence of any
specific provision in this Franchise is intended to limit, detract from or render ineffective any disclaimer
(including, without limitation, any disclaimer as to accuracy or completeness) placed by Franchisee on any map
furnished to the City pursuant to Section 5.2 of this Franchise.
SECTION 6. NONINTERFERENCE OF FACILITIES
Franchisee agrees to maintain its Facilities, perform all work within the Franchise Area, and exercise
any and all rights authorized by this Franchise: (1) so as not to unreasonahly interfere with the tree passage of
traffic, (2) in accordance with the laws of the State of Washington and City ordinances, Franchise provisions,
ORD # 06- , PAGE 4 .
regulations, resolutions and rules, as now existing or as hereafter amended, and (3) as reasonably required by
. the Director.
SECTION 7. REQUIREMENT TO OBTAIN PERMITS
7.1 Permits and Permit Applications.
Franchisee shall, at its expense, obtain all permits, including rights-of-way permits, and pay all pennit
fees required by applicable City ordinances, regulations, resolutions and rules prior to commencing any work
within the Franchise Area except for routine maintenance, defined in Section 7.3. Franchisee pernnit
applications shall show the position and location of the Facilities to be constructed, laid, installed, or erected at
that time, show their relative position to existing rights-of-way or property lines upon prints drawn to scale,
designate rights-of-way by their names and improvements, such as, but not limited to, sidewalks, curbs, gutters,
shoulders of roadway, ditches, paved roadways, roadways to property lines, turnouts, parking strips, telephone
or electric distribution poles, and water pipes existing on the ground to be occupied. The Franchisee shall
. specify the type of materials to be used, equipment to be used, and mode of safeguarding and facilitating the
public traffic during construction. Materials and equipment shall be in new or like-ncw condition for its type
and kind. The manner of excavation, construction, installation, backfill, and temporary structures such as, but
not limited to, traffic turnouts and road obstructions shall meet the standards of the FWCC and the satisfaction
of the Director. All traffic control shall be in accordance with the right-of-way permit, and shall be in
accordance with the Manual on Unifornn Traffic Control Devices (MUTCD). Thc Franchisee shall indicate on
the right-of-way use permit application the time needed to complete thc work. The time needed to complete
the work is subject to approval by the City as a condition of the issuance of the right-of-way pernnit.
7_2 Emergency Exceillion to Permit Requirement
In the event of an emergency in which Franchisee's Facilities within the Franchise Area arc in a
condition as to immediately endanger the property, life, health or safety of any individual, Franchisee may take
. ORD # 06- , PAGE 5
action immediately to correct the dangerous condition without first obtaining any required permit so long as:
(1) Franchisce informs the City of the naturc and extent of the emergency, and thc work performed, prior to .
commencing the work ifreasonably possible, or immediately following cessation of the emergency ifnot; and
(2) such permit is obtained by Franchisee as soon as practicable following cessation of the emergency.
7.3 Maintenance
Franchisee shall have the right to conduct maintenance to repair, modify, supplement, replace or
upgrade the Franchisee's Facilities, provided that the Franchisee shall obtain a Right of Way Use Permit and
any other permits or authorizations required by all applicable federal, state, and local laws, rules and
regulations prior to the performancc of any said routine maintenance. Notwithstanding any requirements
contained herein, routine maintenance that does not interfere with pedestrian or vehicular traffic (such as
inspection, switching, or opening vaults and enclosures) does not require a permit.
SECTION 8. STANDARD OF PERFORMANCE
The Franchisce shall not excavate a trench and leave the jobsite at the end of the workday without .
immediately backfilling and compacting to surface grade and the satisfaction ofthe Director. Backfilled trench
areas within a driving lane must be patched or plated, either temporarily or permanently, before the end of the
work day in which they have been opened. Trench areas within the right-of-way, but not within a driving lane,
must also be patched within the time limits specified by the City on the right-of-way use permit. Final surface
restoration shall be completcd within two (2) weeks, weather pennitting,and shall be equal to or bctter than the
surface condition prior to permit issuance. The City may elect to have Franchisee install conduit in
Franchisee's trenches for the City's use and ownership provided the City agrees to reimburse franchisee for
the incremental cost of installing such conduit.
ORD # 06- ,PAGE 6 .
Franchisee shall not open cut any street without an approved permit except as described in Section
. 7.2. Permit conditions will be reasonable based on facts and circumstances and a one block in length overlay
in both directions from an open cut will not apply in all circumstances.
Franchisee shall, in carrying out any authorized activities within the Franchise Area, comply with all
applicable laws, codes and standards, as now existing or hereafter adopted or amended, and in compliance with
the terms of this Franchise and any permit conditions, whether or not the work is performed by the Franchisee,
its agents, employees, subcontractors, or other third parties at Franchisee's direction. Upon completion of any
installation of Franchisee's Facilities within the Franchise Area, the "as-built" location ofthe Facilities shall be
shown in the plans submitted by Franchisee to the City's Public Works Department. Nothing herein is intended
torelieve the parties of their respective obligations arising under applicable law with respect to determining the
location of utility facilities.
SECTION 9. SURFACE MARKINGS/STAKES
. Prior to Franchisee corrunencing any excavation work within the Franchise Area, Franchisee shall,
using a licensed surveyor, reference all monuments and markers relating to subdivisions, plats, highway, and
other surveys likely to be disturbed. The reference points shall be located so that they shall not be disturbed
during the Franchisee's operations under this Franchise. The method referencing these monuments or other
points shall be approved by the City before placement. The construction shall be made as expeditiously as
conditions permit, and as directed by the City. Franchisee shall, using a licensed surveyor, irrunediately rcplace
all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee
shall pay all costs associated with such lost, destroyed or disturbed monuments or markers. The cost of
monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments,
shall be bome solely by the Franchisee. A complete set of reference notes for monuments, markers, and other
. ORD # 06- , PAGE 7
ties shall be filed with the City. In the event of any conflict or inconsistency between this Section 9 and
Chapter 19.122 RCW, as now existing or hereafter amended, Chapter 19.122 RCW will controL .
SECTION 10. RIGHT TO CITY TO UNDERTAKE MAINTENANCE WORK
The laying, construction, maintenance, and operation of Franchisee I s Facilities granted under this
franchise shall not preclude the City, its accredited agents or its contractors from doing necessary maintenance
work contiguous to the Facilities, provided that the Franchisee shall have sufficient notice of blasting or
excavating in order that Franchisee may protect its Facilities or property.
SECTION 11. RIGHT OF CITY TO COMPLETE WORK
In the event Franchisee fails to comply with any of the terms of this Franchise, and such
noncompliance continues for a period of ten (10) business days after Franchisee receives written notice from
the City regarding the noncompliance, the City may, but in no event is the City obligated to, order any work
completed, including without limitation Franchisee's obligation to repair pursuant to Section 13 herein and .
Franchisee's obligation to remove facilities pursuant to Section 12 herein. If the City causes such work to be
done by its own employees or by any person or entity other than Franchisee, Franchisee shall, upon the City's
written request, immediately reimburse the City for all reasonable costs and expenses incurred by the City in
having such work performed, which costs may include the City's reasonable administrative expenses.
However, the City shall not have any electrical work accomplished by any person or entity other than
Franchisee or a qualified and licensed electrical contractor reasonably acceptable to Franchisee.
SECTION 12. NOTICE TO FRANCHISEE OF WORK BY CITY
12.1 City Reservation of Rights. The City reserves the right to use, occupy and enjoy the
Franchise Area for any purpose that is not inconsistent with the terms and conditions of this Franchise. The
ORD # 06- , PAGE 8 .
Rights reserved herein include, without limitation, the construction of any electrical, water, sewer or storm
. drainage line, installation of traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian
trails, sidewalks, other pedestrian amenities, and other publie street improvement projects.
This Franchise is not an exclusive franchise. Without limiting Franchisee's rights under this
Franchise, this Franchise shall not in any manner prohibit the City from granting other and further franchises
in, under, over, upon and along the Franchise Area.
12.2 Citv's Duties. In the event the City undertakes any street improvement project, or use of the
Franchise Area as authorized by Subsection 12.1 herein, and such project or other City use necessitates the
relocation or underground conversion of Franchisee's then existing Facilities within the Franchise Area, the
City shall:
(a) Provide 180 days written notice to franchisee requesting such relocation or
underground conversion within a reasonable time prior to the commencement of such project or other
City use; and
. (b) Provide Franchisee with copies of pertinent portions of the City's plans and
specifications for such project so that Franchisee may relocate or convert its Facilities to accommodate
such project or other City use; and
(c) Use its best efforts to provide space sufficient for the safe and efficient installation,
operation, repair and maintenance of all of the Facilities within the Public Right of Way.
12.3 Franchisee's Duties. Within 180 days ofnotitication from the City requesting the relocation or
under6rrOlmd conversion of the Facilities pursuant to Subsection 12.2(a) and reccipt of the plans and
specifications pursuant to Subsection l2.2(b), Franchisee shall raise, lower, or move such Facilities within the
Franchise Area to a location or position directed by the City to comply with City requirements or, to cause the
least interference with the improvement, repair, or alteration contemplated by the City and so as to conform to
such new grades as may be established. If the City improves a right-of-way, Franchisee shall replace the
. ORD # 06- , PAGE 9
Facilities located in the improved sub grade of the improvement with Facilities conforming to the specifications
for the improvement of the right~of-way. If the Franchisee is rcquired to relocate three spans and/or 500 feet or .
more due to a City project, the Facilities shall be converted to underground pursuant to FWCC. Except as
provided otherwise herein, Franchisee shall complete relocation of its Facilities at its sole cost and expense.
12.4 Alternative Proposals. The Franchisee may, after receipt of written notice requesting a
relocation of its Facilities, submit to the City written alternatives to such relocation. The City shall evaluate
such alternatives and advise the Franchisee in writing if one or more of the alternatives are suitable to
accommodate the work that would otherwise necessitate the relocation of the Franchisee's Facilities. If so
requested by the City, the Franchisee shall submit additional information to assist the City in making such an
evaluation. The City shall give each alternative proposed by the Franchisee full and fair consideration. In the
event the City determines in its sole discretion that there is no other reasonable alternative, the Franchisee shall
relocate its Facilities as provided in Section 12.3. The Parties agree to exercise good faith, reasonable and
timely decision-making especially when issues arise in the field pertaining to relocation. The provisions ofthis
Section shall survive the expiration or termination of this Franchise. .
12.5 Subsequent Relocation. If any portion of Franchisee ' s Facilities that has been required by City
to be relocated under the provisions of this section is subsequently required to be relocated again within five
(5) years of the original relocation, City will bear the entire cost of the subsequent relocation.
12.6 Underground Conversion Cost Allocation. Whenever the City desires the underground
conversion of the Facilities in conjunction with a City improvement project, as described in 12.1, the costs
shall be allocated as follows:
(a) Forty percent (40%) of the total actual and reasonable costs of converting the
Franchisee's existing overhead primary electrical distribution system and data lines to underground
shall be paid by thc City. (Total actual cost shall include, but not be limited to, vaults, conduit, cable,
data conduit and cable, switch gears, and transformers_)
ORD # 06- ,PAGEIO .
(b) Sixty percent (60%) of the total actual and reasonable costs of converting the
. Franchisee's existing overhead primary electrical distribution system and data lines to underground
shall be paid by the Franchisee. (Tota] actual cost shall include, but not be limited to, vaults, conduit,
cable, data conduit and cable, switch gears, and transformers.)
(c) If sufficient space, as mutually agreed upon, is not available within the Public Right
of Way, the City shall acquire additional right of way as necessary and the costs of such additional
right of way shall be a "shared cost" to be paid forty percent (40%) by City and sixty percent (60%) by
Franchisee.
(d) One hundred percent (100%) of all trenching, restoration, and surveying costs of
converting the Franchisee's existing overhead primary electrical distribution system and data lines to
underground shall be paid by the City.
(e) Conversion of the secondary electrical service on private property is not to be
included in the computation of the allocation of payments. The customer must supply and install the
. secondary conductor, power conduit and Franchisee's data conduit from the meter to the secondary
electrical service box located near the property line.
(f) Franchisee may elect to install conduit for data use in trenches where existing
overhead data lines are not present for no additional share of trenching costs. The City may elect to
have Franchisee install conduit in Franchisee's trenches for the City's use, provided the City agrees to
reimburse Franchisee for the incremental cost difference. The incremental cost shall be the actual cost
of the conduit plus the labor to install it, without profit markup.
]2.7 Qther Re]ocation. The provisions set forth under Sections 12.3 through 12.6 shall not be
applicable if any private person or entity requires the relocation of Franchisee's Facilities to accommodate the
work of such private person or entity within the Franchise Area. Payment for such relocation shall be a private
matter between franchisee and the private person or entity whose work necessitates the relocation.
. ORD # 06- , PAGE 11
SECTION 13. DAMAGE REPAIR
In case of damage by the Franchisee or by the Facilities of the Franchisee to rights~of-way, or to public .
and private improvements to rights-of-way, the Franchisee agrees to repair the damage at its own cost and
expense. The Franchisee shall immediately notify the City of the damage. The City will inspect the damage,
and set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to
rights-of-way, or to public and private improvements to rights~of-way, the City shall give the Franchisee notice
of the damage and set a time limit so the Franchisee may repair the damage. The City may, in the event the
Franchisee does not repair a right-of-way or an improvement to a right~of-way as required in this section, do,
order, and have done the repairs and the Franchisee, upon demand, shall pay to the City the actual costs of the
work.
SECTION 14. DEFAULT
14.1 Notice Q,f Default. If Franchisee shall fail to comply with any of the provisions of this
.
Franchise, the City may serve a written notice to Franchisee ordering such compliance and Franchisee shall
have sixty (60) days from the receipt of such notice in which to comply.
14.2 Revocation of Franchise. If Franchisee is not in compliance with this Franchise after the
expiration of the sixty (60) day period, the City may, by resolution, declare an immediate forfeiture of this
Franchise; provided, however, if any failure to comply with this Franchise by Franchisee cannot reasonably be
corrected with due diligence within such sixty (60) day period (Franchisee's obligation to comply and to
proceed with due diligence being subject to unavoidable delays and events beyond its control), then the time
within which Franchisee may so comply shall be extended, upon notice to the Director, for such time as may be
reasonably necessary and so long as Franchisee commences promptly and diligently to effect slIch compliance.
ORD # 06- ,PAGE 12 .
SECTION 15. NONEXCLUSIVE FRANCHISE
. This Franchise is not an exclusive franchise. Without limiting Franchisee's rights under this
Franchise, this Franchise shall not in any manner prohibit the City from granting other and further franchises
in, under, over, upon, and along the Franchise Area. This Franchise shall not prohibit or prevent the City from
using the Franchise Area for any reason not inconsistent with this Franchise or affect the jurisdiction of the
City over the Franchise Area or any part thereof. The City reserves the right to use, occupy and enjoy the
Franchise Area for any purpose that is not inconsistent with the terms and conditions of this Franchise,
including without limitation, the construction of any electrical, water, sewer or storm drainage line, installation
of traffic signals, street lights, trees, landscaping, bicycle paths and lanes, equestrian trails, sidewalks, other
pedestrian amenities, and other public street improvement projects.
SECTION 16. LIMITED RIGHTS
. This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise
Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise
Area to Franchisee.
SECTION 17. VACATION
Ifat anytime the City, by ordinance, vacates all or any portion of the Franchise Area, the City will not
be liable for any damages or loss to the Franchisee by reason of such vacation. The City will (l) notify
Franchisee of proposed vacations of streets within which Franchisee's Facilities are located and (2) reserve an
easement for Franchisee's Facilities within a vacated area if feasible. The City may, after thirty (30) days
written notice to Franchisee, terminate this Franchise with respect to any such vacated area.
. ORD # 06- , PAGE 13
--------
SECTION 18. COMPLIANCE WITH LAWS
Franchisee shall comply with all applicable federal, state and City laws, ordinances, resolutions, .
regulations, standards and procedures, as now existing or hereafter amended or adopted, including without
limitation the State Environmental Protection Act; provided, however, that if any term or condition of this
Franchise and any term or condition of any City law, code, ordinance, resolution, regulation, standard,
procedure, permit or approval are in conflict, the term or condition of this Franchise will control.
Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary
and appropriate ordinances made in the exercise of its police powers in the interest of public safety and for the
welfare ofthe public. The City shall have the authority at all times to control by appropriate regulations the
location, elevation, manner of construchon and maintenance of any facilities by the Franchisee and the
Franchisee shall promptly conform with all such regulations, unless compliance would cause the Franchisee to
violate otherrequirements oflaw.
SECTION 19. GUARANTEE .
Franchisee shall guarantee work completed by the Franchisee under this franchise for a period often
(10) years against settlement or repair.
SECTION 20. CHARGE FOR ADMINISTRATIVE COSTS
Franchisee agrees to pay a fee or charge to recover the actual reasonable administrative expenses
incurred by the City which arc dircctly related to receiving and approving this Franchise not to exceed One
Thousand and Noll 00 Dollars ($1,000.00). Nothing herein shall preclude the City from recovering any
administrative costs incurred by the City in the approval of permits or in the supervision, inspection or
examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable
provisions of the City's code.
ORD # 06- , PAGE 14 .
SECTION 21. INDEMNIFICATION
. Franchisee agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and
volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all
attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents,
licensees, or representatives, arising from, resulting from, or connected with this Franchise to the extent caused
in part or in whole by the negligent acts, errors or omissions of the Franchisee, its officers, partners,
shareholders, agents, employees, or by the Franchisee's breach of this Franchise. In the event any claim,
demand, suit or action is commenced against the City which gives rise to Franchisee's obligation pursuant to
this Section 21, the City shall promptly notify Franchisee thereof, and Franchisee shall have the right, at its
election and sole cost and expense, to defend, settle or compromise such suit or action by attorneys selected by
Franchisee with the prior consent of the City; provided that the City may withhold such consent only on the
grounds that the attorneys selected by Franchisee are precluded by rules of professional responsibility or
. applicable law from undertaking such representation. The City shall have the right at all times to participate
through its own attorney in any suit or action which arises pursuant to this Franchise when the City determines
that such participation is required to protect the interests of the City or the public. In the event of liability for
damages arising out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Franchisee and the City, or their respective officers, employees and agents, the
Franchisee's indemnification obligations hereunder shall apply only to the extent of the proportional fault of
Franchisee, its officers, employees and agents pursuant to RCW 4.24.115.
SECTION 22. INSURANCE
22.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following insurance, in
such forn1s and with such carriers as are satisfactory to the City.
. ORD # 06- , PAGE 15
(a) Workers compensation and employer's liability insurance in amounts sufficient
pursuant to the laws of the State of Washington; .
(b) Commercial general liability insurance with combined single limits ofliabilitynot less
than $5,000,000 for bodily injury, including personal injury or death, products liability, contractual
coverage, operations, explosion, collapse, underground and property damage; and
(c) Automobile liability insurance with combined single limits ofliability not less than
$5,000,000 for bodily injury, including personal injury or death and property damage.
22.2 M!!ndatorv Insurance Provisions. The comprehensive general liability insurance and
automobile liability insurance policies shall be endorsed to contain the following provisions:
(a) The City, its officers, elected officials, employees, and volunteers are to be named as
additional insured with respect to activities performed by or on behalf of Franchisee;
(b) Coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability; .
(e) Coverage shall not be suspended, canceled, modified or reduced except after thirty
(30) days prior written notice to the City delivered by certified mail, return receipt requested; and
(d) Coverage shall be primary as to the City, its officers, officials, employees and
volunteers. Any insurance or self-insurance by the City, its officers, officials, employees or volunteers
shall be in excess of Franchisee's required insurance.
22.3 Verification of Coverage. Franchisee shall furnish the City with certificates of insurance and
original endorsements evidencing the coverages required by this Section, The certificates and endorsements
shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and
approved by the City prior to the commencement of any work. At the City's request, Franchisee shall deliver
certified copies of all required insurance policies.
ORD 1-1- 06- ,PAGE 16 .
22.4 Self-Insurance. In satisfying the insurance requirements set forth in this Section, Franchisee
. may self-insure against such risks in such amounts as are consistent with good utility practices. Franchisee shall
provide the City with sufficient written evidence, upon request, that such insurance (or self-insurance) is being
so maintained by Franchisee. Such written evidence shall include, to the extent available from Franchisee's
insurance carrier, a written certificate of insurance with respect to any insurance maintained by Franchisee in
compliance with this Section.
SECTION 23. DISPUTE RESOLUTION.
23.1 In the event of a dispute between City and Franchisee arising by reason of this Franchise, or
any obligation hereunder, the dispute shall first be referred to the operational officers or representatives
designated by City and Franchisee to have oversight over the administration of this Franchise. Said officers or
representatives shall meet within thirty (30) calendar days of either party's request for a meeting, whichever
request is first, and the parties shall make a good faith effort to attempt to achieve a resolution of the dispute.
. 23.2 In the event that the parties are unable to resolve the dispute under the procedure set forth in
Section 23.1, then the parties hereby agree that the matter shall be referred to mediation. The parties shall
mutually agree upon a mediator to assist them in resolving their differences. Each party shall bear its own
expenses related to the mediation and the parties shall share the cost of the mediator equally.
23.3 If either party is dissatisfied with the outcome of the mediation, that party may then pursue any
available judicial remedies, provided, that if the party seeking judicial redress does not substantially prevail in
the judicial action, it shall pay the other party's reasonable legal fees and costs incurred in the judicial action.
SECTION 24. REMOVAL OF FACILITIES
Upon the expiration, termination, or revocation of the rights granted under this Franchise, the
Franchisee shall remove all of its Facilities from the Franchise Area within 90 days of receiving notice from the
. ORD # 06- , PAGE 17
Public Works Director to do so. Provided, however, that the City may permit the Facilities to be abandoned in
place in such a manner as the City may prescribe. Upon permanent abandonment, the Facilities shall become .
the property ofthe City.
SECTION 25. GENERAL PROVISIONS
25.1 Entire Agreement. This Franchise contains all of the agreements of the Parties with respect to
any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any
such matters shall be effective for any purpose.
25.2 Modification. No provision of this Franchise may be amended or added to except by
agreement in writing signed by both of the Parties.
25.3 Assignment. Franchisee shall not have the right to transfer or assign, in whole or in part, any
or all of its obligations and rights hereunder without the prior written consent of the City which consent shall
not be unreasonably withheld. Any assignee shall, within thirty (30) days of the date of any approved .
assignment, file written notice of the assignment with the City together with its written acceptance of all terms
and conditions of this Franchise. Notwithstanding the foregoing, Franchisee shall have the right, without such
notice or such written contest, to mortgage its rights, benefits and privileges in and under this Franchise to the
Trustee for its bondholders.
25.4 Attorney Fees. In the event the City or the Franchisee defaults on the performance of any
terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or any part
thereof or the collection of any monies due, or to become due hereunder, in the hands of an attorney, or files
suit upon the same, the prevailing party shall be entitled to an award of all reasonable attorneys' fees, costs and
expenses. The venue for any dispute related to this Franchise shall be King County, Washington.
25.5 No Waiver. Failure of either party to declare any breach or default by the other party
immediately upon the occurrence thereot~ or delay in taking any action in connection therewith, shall not waive
ORD # 06- ,PAGE 18 .
such breach or default, but such party shall have the right to declare any such breach or default at any time.
. Failure of either party to declare one breach or default docs not act as a waiver of such party's right to dcclarc
another breach or default.
25.6 Governing Law. This Franchise shall be made in and shall be governed by and interpreted in
accordance with the laws of the State of Washington.
25.7 Authority. Each individual executing this Franchise on behalf of the City and Franchisee
represents and warrants that such individual is duly authorized to execute and deliver this Franchise on behalf
ofthe Franchisee or the City.
25.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee to the
City shall be delivered to the parties at the following addresses:
Franchisee: City:
Tacoma Power City of Federal Way
Attn: Power Superintendent Altn: City Attorney
3628 South 35th Street 33325 - 8th Avenue S.
P.O. Box 11007 P.O. Box 9718
. Tacoma, W A 98411-0007 Federal Way, WA 98063
Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States
mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be
deemed received three (3) days after the date of mailing.
25.9 Captions. The respective captions of the sections ofthis Franchise are inserted for convenience
of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of
this Franchise.
25.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise are not
intended to be exclusive but shall be cumulative with all other remedies available to the City at law, in equity
or by statute.
. ORD # 06- ,PAGE 19
SECTION 26. SEVERABILITY
If any section, sentence, clause, or phrase of this Ordinance should be held to bc invalid or .
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance.
SECTION 27. RATIFICATION
Any act consistent with the authority and prior to the effective date of this Ordinance is hereby ratified
and affirmed.
SECTION 28. EFFECTIVE DATE
This Ordinance shall take effect and be in full force thirty (30) days after its passage, approval and
publication, according to law.
PASSED by the City Council of the City of Federal Way this day of ,2006.
CITY OF FEDERAL WAY .
MA YOR, MIKE PARK
ATTEST:
--_.._~~~.,
CTI'Y CLERK, LAURA HA THA WAY
APPROVED AS TO FORM:
-......
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: --
PASSED BY THE CITY COUNCIL: ._~~~
PUBLISHED:
EFFECTIVE DATE: ~._'- -.-- K\ORDTN\T3coma rowel' Fr,'l1Ichisc: Final
ORD # 06- , PAGE 20 .
ACCEPTANCE:
. The undersigned hereby accepts all the rights and privileges of the above granted Franchise and acknowledges
that such rights and privileges are subject to and limited by all of the terms, conditions and obligations
contained therein.
DATED this _ day of ,2006.
TACOMA PUBLIC UTILITIES
By:
. Its:
-~
. ORD # 06- , PAGE 21
EXHIBIT A
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.
URD # 06- , PAGE 22 .
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MEETING DATE: February 21,2005 ITEM# Sc.
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: 2006 Bulletproof Vest Partnership Grant
._...._...._._._.....~.._"....."..n"''''''''''''''',.. ,..,.~."'"...,..._.............___.._..........._.._...._..............""""..... ""'.."....,......--.....-.-....-...---.-.......-...--..-..-..-..........-.----...-..-.--....-- .....-.-.......-........---.--.--....-. ......_ ......................mmm._._.........__ .............._.._....._._........____...._.._...________.____.._._.~
CATEGORY: BUDGET IMPACT:
[Z] CONSENT 0 ORDINANCE Amount Budgeted: $
0 RESOLUTION o PUBLIC HEARING Expenditure Amt.: $
0 CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $
...."......,',...."'..,,,..,"'~__.~,..~._....___._____~.~......,,.,"',...."..,"",.,....".,..,.".._...._.__.._..._._.__~...~.....~..................................."..,.......,..""......"...........,,'"',.."....._..._.".~...." ."","'""" .,',.,',.".,''''......,...,...~., .,.,_....." m ............... ........._._, ..._.m .................._..._._....mm._ ..... ........_.._......._...__ ...'_'m..~~_.__~_
ATTACHMENTS: Parks, Recreation & Public Safety Council Committee Staff Report
..."..."......"....__._______.~.._~..~..........,',.."........"""'nn"."~...,,.~.._...._._.__.__.._......._........,..........,,""'""',...""'".""',.."...~_'''~'''".,,.._~,.._....,.,.~__.._._..,~,~_"..,,,.,~~.._~,..____...__._..__.m.._.__...._..__.._.._....___._____..._.____..._____.___...___~.
SUMMARY/BACKGROUND: The purpose of the Bulletproof Vest Partnership Act is to provide funding for 50% of
the cost of bulletproof vests. Priority funding will be given to smaller jurisdictions with populations under 100,000. The
Police Department has participated in match grant funding in the previous years of 1999 - 2005.
The intent of the Police Department is to use this grant money to purchase 15 bulletproof vests for new employees at a
.ost of$I,OOO a vest, totaling $15,000. The grant request amount from OJP will bc for $7,500 with a local department
match of $7,500. The department has identified a matching funding source within the existing budget.
_.._....~.._._......._....,...,............,.,..,""",..,',....,,..,......,,""'.,~.~~~.~._.._____.._._._....__...._.........................."....."......,~.,."'.......~.~m.__.._.___.._._..._.._.._,._._._.~.__..._..._.._..._....._..__._.........._._..._...........____.._....__..__...___....._.......___~.._._.._....._..~.............~.....................".n........
CITY COUNCIL COMMITTEE RECOMMENDATION: Authorize the Public Safety Department to accept the grant
funding of $7,500.00 from the Office of Justice Program to be used toward the purchase of bulletproof vests.
...."....".,.....,....,.,_.._--_._~..._..._._..._--_....._..__.._............._......._....~............."...........""...".-_....~......._._--_......._-_.._._._....._...._.............~..~.....~.................~................_.......~.......~.....................~...._............._..._........._.........................~.....................".............y...............................".....".....,,,....,.~~._~..._..._-----_._..-
PROPOSED MOTION: I move to approval the Office of Justice Program Grant Award.
---------f-------~- .,...-.............-.....-......--.....-...-...-.-.............-..-..-...-.....-....-....-......................,...........
CITY MANAGER APPROV AL: ~-r-
(BELOW TO BE COMPLETED BY CITY CLERKS 01?PICE)
COUNCIL ACTION:
0 APPROVED COUNCIL BILL #
0 DENIED 1 ST reading
0 T ABLEDIDEFERRED/NO ACTION Enactment reading
0 MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
eEVISED - 05/10/2001
S.E
CITY OF FEDERAL WAY .
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: February 23, 2005
TO: Parks, Recreation, Human S~bliC Safety Council Committee
VIA: Derek Matheson, City Manag
FROM: Anne Kirkpatrick, Chief of Police l~~'~[ 1C
SUBJECT: 2006 Bulletproof Vest Partnership Grant
Policy Question
Should the Police Department receive grant funding in 2006 from the Office of Justice Program
(OJP) to offset 50% of the purchase of 15 new bulletproof vests for police officers?
Background
The purpose of the Bulletproof Vest Partnership Act is to provide funding for 50% of the cost of
bulletproof vests. Priority funding will be given to smaller jurisdictions with populations under
100,000. The Police Department has participated in match grant funding in the previous years of .
1999 - 2005.
The intent of the Police Department is to use this grant money to purchase 15 bulletproof vests
for new employees at a cost of$I,OOO a vest, totaling at $15,000. The grant request amount from
OJP will be for $7,500 with a local department match of$7,500. The department has identified a
matching funding source within the existing budget.
Options
1. Authorize the City Manager to accept the 2006 Bulletproof Vest Partnership Grant in the
amount of $7,500 for the purchase of 15 new vests.
The benefit of accepting this grant will save $7,500 in the Police Department's budget.
2. Not authorize the City Manager to accept the 2006 Bulletproof Vest Partnership Grant in the
amount of$7,500 for the purchase of 15 new vests.
If the grant is not accepted, the Police Department will have to assume the entire cost of
the new bulletproof vest at the cost of$15,000.
.
1
E - \
. Staff recommendation
Recommend option #1 to accept the 2006 Bulletproof Vest Partnership Grant of$7,500.00 to
purchase 15 new vests for police officers.
Committee recommendation
FOlWard option #1 to the full City Council for approval on February 21,2006.
.
.
2
E-'L.
MEETING DATE: February 21 st, 2006 ITEM# 5cJ
...........,....""..".~,._~._-_._.__.~-~~....._"~.....~..~..~,~~_.."~~.......,-,_......._............,,."...-~-_.__.__..~~--~..............~..,~...."'.......,",....".~.......~.._...........................~..~.~~--_.__..__._.__._..._--_..__.._......_.._--_._._...__.~~~.;,~,.""...,.....~...._.__._---~_..__...._~~.~..........",.,.
. CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:Lakehaven Utility District Interlocal Agreement; Preliminary Engineering Services Amendment No.1
.___.._..__.._~.........."......"...'...m'......~ ,."',..,....~".".,.,"...._._._._.____.__._.._____._~..~..........",...".. ". "..""""...".".-,....".,.."."..,,.~.,.,_...,...,'~...,..'...m'""'."'........,"',.........."....,.........~.~....~.........,.... ...............,._........~...._----_...._.._.._.._...__._._-_..----...-.-.-.----..-.---.--
CATEGORY: BUDGET IMPACT:
[2] CONSENT 0 ORDINANCE Amount Budgeted: $
0 RESOLUTION o PUBLIC HEARING Expenditure Amt.: $
0 CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $
......".........,""."~."...,~_.____~_~~~...._.._.........".............~...~".~...~"~._~_..._____.__.__.___..__.____~r~......~..~.............".."",..,~....."..",...U........~N......'............~....~.....~.....~..~.....~~~.~...~~~_..~.~...~_..~~_.~
ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated February 6th, 2006
."ww.~.~_~._~~~_~~.~_~~....~.~..UY...M......"_..""""...m._..._...~.__~__.______.________._.~,~~.~~~~_~""~.,_.~""'""'".."..'..m"Y...M..."....M.....'U."........y...u~.....................M...YU.........._..~...~....~......y~_.~.~~
SUMMARYIBACKGROUND: The futerlocal Agreement between the City of Federal Way and Lakehaven Utility
District for Preliminary Engineering Services for Water and Sanitary Sewer fufrastructure Related to Transportation and
Surface Water Management Projects was executed on November 17, 2005. The term of this agreement is January to
December, and amended yearly. The futerlocal Agreement has a $50,000 limit per term and may be amended depending
on the Capital Projects within the term.
.._---,."~.~'_.""'--~-"-"""""'-"'."""""""'"...."'._--,.__.-,_._._----,-_._-"._"""'""-"""""".,-"""'....,"",,,,,.,-"',,...........""..".."'-".~"_._-----------_._~_._.-
TY COUNCIL COMMITTEE RECOMMENDATION: At its February 6th 2006 meeting, the Land Use and
Transportation Committee forwarded the following staff recommendations to the February 21 st, 2006 meeting:
1. Authorize staff to enter an Amendment to the futerlocal Agreement between the City of Federal Way and
Lakehaven Utility District for Preliminary Engineering Services for Water and Sanitary Sewer fufrastructure
Related to Transportation and Surface Water Management Projects to extend the term to December 31, 2006.
___.____._..~~.~~.~_~.~~~...._....u~.....,.."............"...".."...,~,."...,..~,.~.,,"_..~..,..__....____._.___._~__~._~~~__''',.,_.."......,..,'U"~..,..............._nM......~....~..................~_~~~...._~.~..~.__~~..._._..~___._
PROPOSED MOTION: "I move to authorize staff to enter an Amendment to the futerlocal Agreement between the
City of Federal Way and Lakehaven Utility District for Preliminary Engineering Services for Water and Sanitary Sewer
fufrastructure Related to Transportation and Surface Water Management Projects to extend the term to December 31,
2006."
~~----~--------~
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED COUNCIL BILL #
0 DENIED 1 ST reading
0 T ABLED/DEFERRED/NO ACTION Enactment reading
. MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
CITY OF FEDERAL WAY
MEMORANDUM
DATE: February 6, 2006 .
TO: Land Use and Transponation committee~
VIA: Derek Matheson, Interim City Manager
FROM: Cary M. Roe, P.E., Public Works Director ~
Marwan Salloum. P.E., Street Systems Manager
SUBJECT: Lakehaven Utility District lnterlocal Agreement; reliminary Engineering Services
Amendment No.1
POLICY QUESTION:
Should the Council authorize staff to enter an Amendment to the Interlocal Agreement between the City of
Federal Way and Lakehaven Utility District for Preliminary Engineering Services for Water and Sanitary Sewer
Infrastructure Related to Transportation and Surface Water Management Projects to extend the term to December
31,2006?
BACKGROUND:
The Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for Preliminary
Engineering Services for Water and Sanitary Sewer Infrastructure Related to Transportation and Surface Water
Management Projects was executed on November 17, 2005. The term of this agreement is January to December,
and amended yearly. The Interlocal Agreement has a $50,000 limit per term and may be amended depending on
the Capital Projects within the term.
OPTIONS: .
1. Authorize staff to enter an Amendment to the Interlocal Agreement between the City of Federal
Way and Lakehaven Utility District for Preliminary Engineering Services for Water and Sanitary
Sewer Infrastructure Related to Transportation and Surface Water Management Projects to extend
the term to December 31, 2006.
2. Do not authorize staff to proceed and provide direction to staff.
STAFF RECOMMENDATION:
Staff recommends forwarding Option 1 to the February 21, 2006 City Council Consent Agenda for approval:
Authorize staff to enter an Amendment to the Interlocal Agreement between the City of Federal Way and
Lakehaven Utility District for Preliminary Engineering Services for Water and Sanitary Sewer
Infrastructure Related to Transportation and Surface Water Management Projects to extend the term to
December 31, 2006.
COMMITTEE RECOMMENDATION:
Forward the above staff recommendation to the February 21, 2006 City Council Consent Agenda.
.
FIRST AMENDMENT
TO
. INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY
AND LAKEHA VEN UTILITY DISTRICT
FOR PRELIMINARY ENGINEERING SERVICES FOR
WATER AND SANITARY SEWER INFRASTRUCTURE RELATED TO
TRANSPORTATION AND SURFACE WATER MANAGEMENT PROJECTS
This First Amendment ("Amendment") is dated effective this first day of January, 2006 and is entered
into by and between the City of Federal Way (hereinafter "City"), and Lakehaven Utility District, (hereinafter
"District").
A. The City and District entered into an Interlocal Agreement dated effective November 17,
2005.
B. Paragraph VI (C) of the Agreement provided that the Agreement may only be amended by
written agreement signed by the parties.
C. The parties desire to amend the Agreement to extend the term of the Agreement.
NOW, THEREFORE, the parties agree to the following terms and conditions:
1. Term.
Paragraph V, DURATION of the Agreement shall be amended to extend the term of the Agreement
. until December 31, 2006.
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.
DATED the effective date set forth above.
CITY OF FEDERAL WAY LAKEHA VEN UTILITY DISTRICT
--
City Manager, David H. Moseley Don Peny, General Man er
PO Box 9718 PO Box 4249
Federal Way, WA 98063-9718 Federal Way, W A 98063-4249
(253) 835-2401 (253) 941-1516
APPROVED AS TO FORM: APPROVED As,to~
Patricia A. Richardson, City Attorney ,~~(
Genera Couucel,. teven H. Pntchett
ArrEST:
.
Laura K. Hathaway, CMC, City Clerk
K:\contract\2005\05-I77a Iakehaven ila
MEETING DATE: February 21 s., 2006 ITEM# Se..
. CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: South 333rJ Street and rt Way South Traffic Signal Project-100% Design
....""....,,",.."'_..'w_.___.._.._____.._.__....___~.~,_~..~...................~..........n"......'...~._."'.._.~_.~.,~....___.__.___ _.~~.__.~.~."-_...__..""'". "~..."._._..~....."__...__"~_._"",,...,,...,",...".."'.."n..'.."...........,.......~~ ...._......_.~.........~,,,...~........,,...~..,,.~._.
CATEGORY: BUDGET IMPACT:
[8J CONSENT D ORDINANCE Amount Budgeted: $
D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $
D CITY COUNCIL BUSINESS D OTHER Contingency Req'd: $
_~~~.._.~...~..J.M............~.,"...,,,.~".._~,~~""'''~,,...~"'' ...~~...._.._~........_...~~..._~~~~ .._~,_~_._'"~......""',.........."...,..,""~"..""'""..,.,,.....'""""u..g........,.................M'......~..~
ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated February 6th, 2006
~...~..~~....."".~n~ _._....._...._~.._~._-~---~ ."...~~.."...~~~..nn...".."......~._"....."...~...,~..~..__...~..._._~
SUMMARY/BACKGROUND: The intersection is currently controlled by stop conditions. This project will install a
fully actuated traffic signal and crosswalks at the all "legs" of the intersection. The signal will facilitate both pedestrians
and vehicular traffic. The signal is expected to operate at a Level of Service (LOS) B at project opening. Perteet
Engineering, Inc. was awarded the design contract for this project and has submitted 100% design plans and contract
documents. The lowest response bid will be brought back to LUTC and Council for approval and award.
$339,355.00
. Total Estimated Ex enditures:
$340,000.00
__.___~_~~~~..."..."..,~....~.y..,,~~..~......W..~~M~.._._~.........~~..._......"'..._..nn__.....~....""..,"""""'~.....,..,...........__..n"n'..'_......._..~~_.....y,..... .._~~~~,,,....,,_,.........".".m..."'''"..''~~'''_.__
CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 6th 2006 meeting, the Land Use and
Transportation Connnittee forwarded the following staffreconnnendations to the February 21 st, 2006 meeting:
1. Approve 100% design for the South 333rd Street and 1 st Way South traffic signal project and authorize
proceeding with advertising the project for bid,
~~._~~~~.........~~_.......................~.~~......_............~....~,_......._.~~....,_~~~....n..._."................."..._"_~n"."......"'.......__......nu.........._~,~.__.~_.. ~~,~-~'"._..~...,~~,~~,.~"."'"..........._~-""~
PROPOSED MOTION: "I move to Approve JOO% design for the South 333rd Street and 1st Way South traffic
signal project and authorize proceedin with advertising the projeet for bid. (Option 1 )."
.__...~_....~........~...._.._._................,~......~..~......._~..._.m.....~...~..~~...~.__.~_..__.~........~.~. ............~.. .... ~_..............,.~..........~_~.~.~_.~.....__._.______.__._________.,_...,.,."_".""",..,".."_""'"....",.",...,,,,,,,,,,,,........,,..,....,...g""''"".....~. ..........................................."........
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED COUNCIL BILL #
D DENIED 1 ST reading
D T ABLED/DEFERRED/NO ACTION Enactment reading
. MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
CITY OF FEDERAL WAY .
MEMORANDUM
DATE: February 6, 2006
TO: Land Use and Transportation committ~
VIA: Derek Matheson, Interim City Manager .,...' ~
FROM: Cary M. Roe, P.E., Public Works Director ~
Ken Miller, P.E., Deputy Public Works Director
SUB.JECT: South 333'd Street and r Way South Traffic Signal Project -100% Design
Approval and Authorization to Bid the Project
POLICY QUESTION:
Should Council approve the 100% Design for the South 333rd Street and 1st Way South Traffic Signal Project and
authorize staff to proceed with bidding the project?
BACKGROUND:
Transportation Consultants Northwest completed a Traffic Impact Analysis (TIA) for the new City of Federal
Way Community Center expected to open late 2006. AB part of this TIA, a traffic signal warrant analysis was
performed by the consultant determining the requirement for a new signal at the intersection of S 333rd St and 1 SI
WayS.
The intersection is currently controlled by stop conditions. This project will install a fully actuated traffic signal .
and crosswalks at the all "legs" of the intersection. The signal will facilitate both pedestrians and vehicular traffic.
The signal is expected to operate at a Level of Service (LOS) B at project opening. A left turn lane will be
"striped" on the east leg of the intersection on S 333rd Street for the left turns "south bound" onto 1st Way South.
This will require the removal of "on street" parking for approximateJy 400 lineal feet along both sides of the road.
We have notified and met with the businesses along the street of the new traffic signal project where the "no
parking" restrictions will be enforced.
Perteet Engineering, Inc. was awarded the design contract for this project and has submitted 100% design plans
and contract docwnents. An updated cost estimate of the project is provided below. The project is scheduled to be
advertised for bid in March 2006 and work is anticipated to be completed by December 2006. The lowest
response bid will be brought back to LUTC and Council for approval and award.
Project estimated expenditures:
ITEM COST ESTIMATE
Design $40,000.00
King County Signal Review 2,000.00
Construction Estimate 267,414.00
10% Construction Contingency 26,741.00
Easement Title Report and Mailing 500.00
Sub-Total $336,655.00
Printing Plans and Specifications 900.00
Advertising 1,800.00 .
Total Estimated Expenditures: $339,355.00
K:\LUTC\2006\02-06-06 5333rd 5t and 1st Way 5 Traffic Signal Project 100% Design & Authorization to Bid.doc
. Available funding: COST ESTIMATE
ITEM
Estimated Project Cost 339,355.00
Total Available Budget (Balance of 1995 voter $340,000.00
approved bond issue for transportation improvements)
Project Budget Savings $645.00
OPTIONS:
1. Approve 100% design for the South 333m Street and 1st Way South traffic signal project
and authorize proceeding with advertising the project for bid.
2. Do not approve 100% design and authorize bidding the project and provide direction to
staff.
STAFF RECOMMENDATION:
Staff recommends fOlwarding Option I to the February 21 s\ 2006 City Council Consent Agenda for Approval:
Approve 100% design for the South 333m Street and 1st Way South traffic signal project and
authorize proceeding with advertising the project for bid.
. COMMITTEE RECOMMENDATION:
Forward the above staff recommendation to the February 21st, 2006 City Council Consent Agenda.
cc: Project File- 1st Avenue Sand 8 3338t Traffic Signal Project 100%
Day File
.
K:\UIT(\2006\02-06-06 5333rd St and 1st Way 5 Traffic Signal Project 100% Design & Authorization to Bid.doc
. MEETING DATE: February 21,2006 ITEM# ~
.....~~. _~'__'_M._.........wn..~.~...~~...n""'M"'''_~~~~~' _~~~_...n_.___~~..
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Pena Final Plat, File No. 05.10636O-00-SU
._.._~..._..,_~.~~~~~_~_._.u_~~~.___ _~_~._.~_n'~M'
CATEGORY: BUDGET IMPACT:
~ CONSENT 0 ORDINANCE Amount Budgeted: $0.00
~ RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $0.00
0 CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $0.00
- _ n_......._._.~.___~___. ----
ATTACHMENTS: Corrected memorandwn to City Council Land UsefTransportation Conunittee dated January
30, 2006 for the February 6, 2006, LUTC meeting; Pena Final Plat Staff Report, dated January 30, 2006; with
exhibits including Reduced Scale Final Plat Map; Vicinity Map; City Council Resolution #03-388 approving the
Pena Preliminary Plat; and proposed City Council Resolution approving the Pena Final Plat.
_.n.n_..____n~...~_~... - .~_.....__........~----
SUMMARYIBACKGROUND: The applicant requests approval of the Pena Final Plat, a 7-10t single family.
. residential subdivision, as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," subject
to City Council approval. The Pena Preliminary Plat was approved by City Council Resolution #03.388 on July 1,
2003.
_"...n........_~~_ .....~-_...._-_.....,....
CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC voted on February 6,2006, to forward a ,
recommendation to the City COlUlcil approving the Pena Final Plat Resolution, and place the item on the City
Council February 21,2006, consent agenda.
~~~~~~~~,._-~~~..~~.. _----..-..--,.~_~~.~,_~~.~..n_._.n....._~.._~_~_~___._,_........__~,.~,..~"""......_................_..................n~........~_M~.~~~_.._
PROPOSED MOTION: I move approval of the Pena Final Plat Resolution.
QJ~ --_._---~._----
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED COUNCIL BILL #
0 DENIED 1 ST reading
0 TABLEDIDEFERREDINO ACTION Enactment reading
0 MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
.
Doc. 1.0. 35003
RESOLUTION NO.
.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING THE PENA
FINAL PLAT, FEDERAL WAY, WASHINGTON, FILE NO. 05-
106360-00-SU
WHEREAS, on May 19,2003, the Federal Way Hearing Examiner conducted a public hearing on the
preliminary plat application resulting in the June 3, 2003, Recommendation of the Federal Way Hearing
Examiner; and
WHEREAS, the Penapreliminary plat, City of Federal Way File No. 01-104415-00-SU, was approved
subject to conditions on July 1,2003, by Federal Way City Council Resolution No. 03-388; and
WHEREAS, the applicant submitted the application for Pena final plat within the required time of
receiving approval for the above-referenced preliminary plat; and
WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 03-
388; and .
WHEREAS, the City of Federal Way's Department ofCommonity Development Services and Public
W orIes Department staff have reviewed the proposed final plat for its conformance to the conditions of
preliminary plat approval and final plat decisional criteria, and their analysis and conclusions are set forth
in the January 30, 2006 Staff Report, which is hereby incorporated by reference as though set forth in full;
and
WHEREAS, there were no conditions resulting from the November 16, 2002, State Environmental
Policy Act Determination of Nonsignificance (DNS), as discussed in the January 30, 2006 Staff Report;
and
WHEREAS, the City Council Land Use!Transportation Committee considered the application and
staffreport for the Pena final plat at its February 6, 2006 meeting, and recommended approval by the full
City Council; and
.
RES # . Page 1
WHEREAS, the City Council reviewed and considered the Staff Report and the application for Pena
. final plat during the Council's February 21, 2006 meeting.
NOW THEREFORE, TIlE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS
FOLLOWS:
Section 1. Findings and Conclusions.
1. The Pena final plat, City of Federal Way File No. 05-106360-00-SU, is in substantial
conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other
land use controls in effect at the time the preliminary plat application was deemed complete.
2. Based on, inter alia, the analysis and conclusions in the Staff Report, which are adopted herein
by reference, and on the City Council's review of the application for [mal plat, the proposed subdivision
makes appropriate provision for public health, safety, and general welfare, and for such open spaces, ~
drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary
. wastes, parks and recreation, playgrounds, and schools and school 'grounds as are required by City Code~
or which are necessary and appropriate, and provides for sidewalks and other planning features to assure
safe walking conditions for students who walk to and from school.
3. The public use and interest will be served by the [mal plat approval granted herein.
4. All conditions listed in the July 1, 2003, Federal Way Resolution No. 03-388 have been
satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as
allowed by Federal Way City Code Section 20-135.
5. All required improvements for final plat approval have been made and/or sufficient bond, cash
deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all
required plat improvements as identified in the January 30, 2006 Staff Report.
6. All taxes and assessments owing on the property being subdivided have been paid or will be
paid, prior to recording the final plat.
.
RES # , Page 2
Section 2. Application ApprovaL Based upon the Findings and Conclusions contained in Section 1
above, the Pena final plat, City of Federal Way File No. 05M106360-00MSU, is approved. .
Section 3. Recording. The approved and signed final plat, together with all legal instruments
pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the
King County Department of Records. The applicant shall pay all recording fees.
Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this
resolution.
Section 5. Ratification. Any act consistent with the authority, and prior to the effective date, of the
resolution is hereby ratified and affirmed.
Section 6. Effective Date. TIris resolution shall be effective immediately upon passage by the Federal
Way City CounciL
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, lHIS .
DAY OF ,2006.
CITY OF FEDERAL WAY
Mayor, Michael Park
A TIEST:
City Clerk, Laura Hathaway, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WIlH lHE CITY CLERK:
PASSED BY lHE CITY COUNCIL: .
RESOLUTION NO:
RES # , Page 3
~
CITY OF IJ _ =-'
. Federal Way
MEMORANDUM
DATE: January 30, 2006
To: Jack Dovey, Chair
Land Useffransportation Committee
FROM: Deb Barker, Associate Planner ~
VIA: De,ek Matheson, Acting City Manag~
RE: Pen a Final Plat Application
Federal Way File No. 05-106360-00-SU
MEETING DATE: February 6, 2006
I. RECOMMENDATION
. Staff recommends that the Land Useffransportation Committee forward to the City Council a
recommendation approving the Pena Final Plat Resolution.
II. SUMMARY OF ApPLICATION
The applicant requests final plat approval for Pena subdivision of seven residential single-family lots on
approximately 1.44 acres. Lot sizes range from 7,205 square feet (SF) to 9,215 SF, with average lot
sizes of 7,573 SF. The Pena subdivision is located in the western portion of the City east of 21 st SW and
south of SW 344111 Street, with access from 18th A venue SW as extended south ofSW 344lh Street.
The subdivision is zoned Single-Family Residential (RS 7.2). Pursuant to Federal Way City Code
(FWCC) Chapter 20, "Subdivisions," Section 20-136, the City Council may approve the final plat
application only if all criteria of FWCC ~ 20-136(b) are met. Findings and conclusions contained in the
attached staff report to the City Council and referenced in the attached resolution indicate that the plat
has been constructed, or financially secured pursuant to FWCC ~ 20-135, in accordance with the
approved preliminary plat, and the applicable FWCC requirements.
III. REASON .FOR COUNCIL ACTION
The final decision for final plats rests with the City Council in accordance with FWCC 9 20-1 36(b).
Bringing this matter before the City Council Land Userrransportation Committee forreview and
. recommendation prior tothe full Council is consistent with how land use matters are currently
processed by the City.
IV. PROPOSED MOTION .
I move that the Land Userrransportation Committee forward to the City Council, and place on the
February ~006, City Council consent agenda, a recommendation approving the Pena Final Plat
Resolution.
r
J..\~
.
,~.. - .
Land Useffrnnsportation Commince 05-106360/Doc. I.D. 34759
Pcna.Final Pial Page 2
. .~
CITY OF. ~
Federal Way
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
STAFF REPORT
Request for Final Plat Approval
PENA FINAL PLAT
Federal Way File No. 05-10(l360-00-SU
I. RECOMMENDATION
City of Federal Way staff has reviewed the Pen a final plat for compliance with preliminary plat
conditions and all applicable codes and policies, and recommends approval of the final plat
application.
II. INTRODUCTION
Date: January 30, 2006
. Request: Request for final plat approval for Pena Subdivision.
Description: The Pena Subdivision consists of seven single-family lots on a 62,659 square-foot
site. Access for the Pena Subdivision is via 18th A venue South from the north and
SW 345tb Place from the east. All required roads, sidewalks, stonn drainage
facilities, sewer lines, and water lines have been constructed in accordance with
preliminary plat approval granted by the City Council on July 1, 2003, or financially
guaranteed in accordance with the Federal Way City Code (FWCC).
Owner: Crescent Homes, 206-778-7920
Ted Cheslehon
425 Pontius Avenue North, #125
Seattle, W A 98109
Engineer: Mr. Mike Bowen, PLS, 2,53-838-6113
ESM Consulting Engineers
33915 1st Way South, Suite 200
Federal Way, W A 98003
Location: NE in Section 24 Township 21 North, Range 03 East, W.M,Federal Way, King
County (see .Exhibit A "Vicinity Map)
Sewage
Disposal: Lakehaven Utility District
. Water
Supply: Lakehaven Utility District
Fire Dept: South King Fire and Rescue
School Dist: Federal Way School District .
Prepared By: Deb Barker, Associate Planner
III. HISTORY AND BACKGROUND
The Pena Subdivision is a proposed subdivision of seven single-family lots on a 62,659 square~foot
site (Exhibit B - Final Plat Map). The Pena Subdivision Preliminary Plat (Exhibit C - Preliminary
Plat Map) was granted approval by the Federal Way City Council on July 1,2003, per Resolution
03-388 (Exhibit D - Preliminary Plat Resolution).
Zoning for the 1.44-acre site is RS 7.2, with a minimum lot size of 7,200 square feet. Lot sizes on
the final plat range from 7,205 square feet to 9,215 square feet, with the average size being
approximately 7,573 square feet.
The developer applied for final plat approval on December 14, 2005. Improvements installed under
Engineering Application Number 03-1 04434-00-EN are now substantially complete or bonded. The
final plat application was determined complete on January 24, 2006. Pursuant to RCW 58.17.110
and FWCCSection 20-136, the City Council is charged with determining whether: I) the proposed
final plat conforms to all terms of the preliminary plat approval; 2) if the subdivision meets the
requirements of all applicable state laws and local ordinances that were in effect at the time of
preliminary plat approval; 3) if all taxes and assessments owing on the property have been paid; and
4) if all required improvements have been made or sufficient security has been accepted by the City.
City of Federal Way staff has reviewed the Pena final plat application vision for compliance with .
preliminary plat conditions and all applicable codes andpolicies. All applicable codes, policies, and
plat conditions have been met A proposed resolution of the City of Federal Way, Washington, to
approve the Pena final plat is enclosed (Exhibit E -Draft Resolution of Final Plat Approval).
IV. COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS
The following lists conditions of preliminary plat approval in the same order referenced in Federal
Way City Council Resolution 03-388. Required improvements have been completed as allowed by
FWCC Section 20-135.
Hearing Examiner Conditions of Approval Related to Final Plat Application
I. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC.
Compliance may result in reducing thc number and/or location oflots as shown on the
preliminary approved plat Final storm drainage engineering plans shall comply with the
following:
A. Engineering plans for the Pen a Preliminary Plat must depict the re-grading of the Belle
Meadow bioswale and the removal and replacement of the concrete divider as
recommended by the revised TlR. The work must be reviewed and approved by City staff.
The improvements must be inspected and approved by City staffprior to final plat approval
[or the Pena Subdivision.
Request for Final Plat Approval File No. 05-106360-OQ-$W Doc W 34635 .
Pena Final Plat Page 2
B- If, for any reason, the required improvements to the Belle Meadow storm drainage facility
. are not constructed, the applicant will be required to construct a storm drainage facility in
conjunction with Pena Preliminary Plat construction.
Staff Response: This condition has been met Engineering plans for the Pena subdivision called
for re~grading ofthe Belle Meadow bioswale and relocation of the concrete divider in the stonn
pond to provide for adequate residency time for stormwater flows. The work in the Belle
Meadow pond was carried out, and has been inspected and approved by Public Works staff.
v. SEPA
A Determination of Nonsignificance (DNS) was issued on November 16,2002. There were no
conditions of approval for the subject application.
VI. DECISIONAL CRITERIA
Pursuant to FWCC Section 20-136, if the City Council finds that the following criteria have been
met, the City Council may approve the final plat for recording:
1. The final plat is in substantial conformance to the preliminary plat
Staff Response: This criterion has been met, as the final plat is representative of the
preliminary plat and the conditions of preliminary plat have been met or financially guaranteed.
2. The final plat is in conforinity with applicable zoning ordinances or other land use controls.
. Staff Response: This criterion has been met. The plat meets the zoning standards for the RS
7.2 zoning district and provides single-family dwelling unit lots that range from 7,205 square
feet to 9,215 square feet in size. As provided for in FWCC Section 20-135(b), performance and
maintenance bonds are in place for the entire plat including frontage improvements, streets, and
all infrastructure. The applicant has opted to make an open space fee in lieu of payment
pursuant to FWCC Section 20-155. Based on the assessed land value of$76,000.00 (Exhibit F
-- 2006 King County Property Tax Assessment), and as provided by the Federal Way Parks
Director, the applicant has made a payment to the City of$11,400.00, based on 15 percent of
the assessed land value. The plat is within planning Area C of the 1995 Federal Way Parks.
Open Space, and Recreation Comprehensive Plan. The applicant has created Tract A, a ten-
foot-wide landscape area between the subdivision and the 2151 A venue SW arterial, as provided
under FWCC Section 20-l78( a). Tract A, which shall be owned in common by the property
owners ofthe entire plat, includes trees and shrubs and groundcover to !TIeet the intent of a
Type III buffer.
3. That all conditions of the Hearing Examiner and/or City Council have been satisfied.
Staff Response: This criterion has been met as noted in the staff comments above. All plat
conditions have been met and/or are financially guaranteed to be completed within two years of
final plat approval. All life safety improvements have been completed.
4. That the public use and interest shall be served by the establishment of the subdivision and
dedication by determining if appropriate provisions are made [or, but not limited to, the public
health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other
. -
Request for Final Plat Approval file No. 05-1 0636o-00-SUI Doc.lD. 34635
Pena Final Plat Page J
public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, and schools and school grounds, and shall consider all other relevant facts, .
including sidewalks and other planning features that assure safe walking conditions for students
who only walk to and from school.
Staff Response: This criterion has been met. The final plat is consistent with applicable zoning
and subdivision regulations, and ensures the public health, safety, and welfare is protected. The
plat infrastructure has been installed and adequately financially guaranteed as discussed above,
including; safe walking routes of travel to schools and school bus stops, open space provided via
fee in lieu of payment, drainage systems and water and sewer installed, and street improvements.
5. That all required improvements have been made and maintenance bonds or other security for
such improvements have been submitted and accepted.
Staff Response: This criterion has been met. All road, pedestrian pathway, and stonn drainage
improvements have been constructed and/or financially guaranteed. In addition, all water and
sewer lines have been installed and approved by Lakehaven Utility District as identified in the
October 5, 2005, letter of substantial completion from Lakehaven Utility District.
6. That all taxes and assessments owing on the property being subdivided have been paid.
Staff Response: Prior to being recorded, the plat is reviewed by the King County Department
of Assessments to ensure that all taxes and assessments have been paid.
VII. CONCLUSION .
Based on site visits, review of the final plat maps, construction drawings, and the project file, staff
has determined that the application for Pena final plat approval meets all platting requirements of
RCW 58.17.110 and Section 20-136 of the Feder~l Way City Code. Plat infrastructure improvements
have been substantially completed and/or financially secured to guarantee that the plat conditions
and code requirements will be completed within two years of final plat approval as allowed by
FWCC Section 20-135. The project has been developed in conformance with Resolution 03-388,
approving the Pena Preliminary Plat. A recommendation of final plat approval is therefore being
forwarded to the City Council for your approval.
EXHIBITS
!!.xhibit A Vicinity Map of Pen a Subdivision ..;~
Exhibit B I I-x 17 Reduced Copy of Pena Final Plat Map
Exhibit C 8'l2 x II Reduced Copy of Approved Pena Preliminary Plat
Exhibit D Resolution 03-388 -, July 1,2003, City of Federal Way Pena Preliminary Plat Approval
Exhibit E Draft Resolution of Final Plat Approval
Exhibit F King County 2006 Property Tax-Infonnation
Request for Final Plat Approval File No. 05-1 06360-00-SUl Do< w. 34635 .
Pena Final Plat Page 4
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PENA SUBDIVISION
A PORTION OF SECTION 24, T. 21 N., R. 3 E., W.M.
DEDICATION CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON
i\t.fOIU A.lL PtOI"\,.e: av l;..ju,E ~~x~1's ""'I\i we:. 1'Ht tiNDER 'SiGNED OWNERS Of IN'j"~~~S.T IN f~e -1.>>10 'H(RE:e'f LEGAL OESCRII"fKJN
su9DMOEo, ""e:R~ OE:CW[ TI-lIS PJ.,AI TO B~ 'f~ CRAPI-nC R[PR[SOITATIOH Of TH[ $"\JeD<vl90N MAn:E !iI;.~9't_ PM<<;a -.- Of" CfT'!" OF "EOEiW.. WA,Y BoUN~ UIIIE A.OJUSTMZ:"fT NUw.aE~ at...A. 00-104.0':'1, ~C~DEO
~O 00 H[lU.trf OEOICATE. 10 Tl-f( CIl"t fOR THE USE of tHl;; ~Sl.lC FOR(\."[R ~I,. STRETTS .aH[;I ,,"1[1IIUf5 ~OT UNDER ICING COUNT'( R(COfl!,"~ 11/0. 100,"0]'27900000. MORE P~TICI.J1.ARt,:" OE~RlaEO AS fOllOWS;
SHO'....:II AS PfW.\TE ~f;R~ON """"0 ODC,6,Ti: i'HE lix. THEl'lt:Oi=" ,OR ""-'- PU811t PIJR?()5fS;' NOi INC~SIS~~r .ITt'I
THE USE TH~RSOf tOR P\JBi.JC HIGi-IWAV il"lJRPo~s.. ANO AlSO ~f. rt'IGHT to ~ M.t. ~Cf$~ s,.~DPE~ .~R THE NO.,"H HAI.J' oF" ~ NOR~ H.IIl.F OF' THE NORTH ~lr Or THf NCJm-iEAST OUAAtUil: Of" Tl1f
CUTS, AfIID F'Jll~ UPON ll1E; loOT'.) A~O Ttl:AC'i'5 SHOWN HERt<m IN 11'1E: OiiIGIN~ R'E"~N"i:lL[ CIW),~ OF SAlO 5O~ .QUARTER or SEC'nON 24, tOWHSI1iP l1 NORnt. RANCE, ~ EASt. wa.l.Jl,U[TT[ "'EJl=ID~"'l t;'II
SIREns ,ll,......o: AVf;HUES, AJl:O fURTI-l[~ DEotC./I.TE iO 1ltE VS.E Of THE: PuBlIC ~l..l lll.E: ~[II4ENlS. ~O T'R:.&Ct5 ...: COI,INTY"_ wA'SH~G1ON;
5HO'M"I ON it.ffS PlAT FQ;l: ~ll PuSUl:: PURPOsES AS INmCATil,1: I-;iREON", INCtVOiNC BuT t.OT l~In:O to jJ';IR:<S,
i oPtN SpACE. UTtl..filES AND ~A1~~ UNILSS SUCh EASEuE:NTS OR TRACTS ME SPEClflCAlLY IDO/llflLD ON nus. EXCEpt bit wEST JO FE.ET CON\l!"'t'(O '1'0 ~ COUNty ~ ~ bY OEE:O .AECO;:lOED UNO~
Pl..).,f ~S BrING ~OlCA.l::O oR cotM;'l"!:O TO ,\ PERSON OR [NTI1"t' OTH9( fl-lAN non:: ~c. lH ~M C\SE ."'E AEt{}l:l'DfN{; Il1O. IH23J1~
i i)O HEREEI"t DEDICATE: AND CON\I~ SIJCH STR~(TS. EAS[U[Nrs.. OR lRACT5: to mt ?f:RSO"l ~ J;;NTIT'f t~:liTl;:-J~D
AND !="Oh! THE r;n.J~PoS$: st~TEO, AND ExcEPT niAl" POR'J"tCIN CO~ to tHE. stt.n: oF" WASfotINQlON f1'f PEED Rl:"COROE'O \.INOER
filECotroIt.tG I\(). 9SO"l!o14S~:
P'uR'THEA, THE \.i~or~stCH~O CWNE:.~ OF .JoI[ \.AND SUtlDl\llOED J-jE~8'V W4M: ~D REl,.fASE FOR THEV5u\iLs_
111t:lft HEIRS P,t./O .t,SSJCNS ~O ~ PERSON OOl' E/IImY DERMNG n1l.,5: fROM TI-I( 1..NO[RSlCNrt!.. JI.t.(t ~!) .l,Ll .a.ND O::::E?T w....r PORTIml Di;:SCRJBE:O AS FQ.I"O\\"S:
CI,..AIUS tOR OAU'CES AGAIN$f 1H€ Cl'iY OF :F'ED[~ WAY. ITS SVCC[SSO~ AND A35ICNS ...Ci-I w,\,Y $E:
OCC&SIO/I,'ID BY TH( O(SIG/II.,. tsr.a.Bl,.~""_ CONSllUJCTION., OPERATtON. FAli..uRr TO OPEIMff.. OR ~~T9W>Ii::!:: "~I;IHNN: A.T T1-IE ~hE'ST ~OR~ OF $All) $OI,IfJ-Osr OUAA'Ttit OF SECTlo.. 24.
oF iID,6.OS rUIO/Ofl .DAA~E S'tSTi:MS. Al..TERAllONS {)f'" THE CROvNO SuA'F'AI:;:E. ~~IA.T~ ORAfH~E OR
SU?F#'cE ~ SV9S;1,.+Rf.l.C~ ~A.TE~ fLOWS 'iffTt-l1N THE SUBOI'\lISIONS ~ "'ITI'nN ~ ~N~[ ~ OE'r~o.I rriE...:Ce. At..CNC TttE'IIOIUl-I LJ/ItE Tl1ER'E0J".. 5i 8!f.....SS W. Ei5(U4 tUT 10 TI1E ~T uNE CIF' tHA,
,/o.CIt,lTIES OE$SllED TO AE~rllr'f! OR ACTlJ~I.Y AEctM~ ~1N.A.GE f"FtOM TtI( $'L.I8DMSIONS AHO THE City Of 5I'.&,RCE"L DE:SCRIBED ... ~I'QNG tOOW1Y SITE ~ - fEDUW.. WA'( PARK AND RiDE ttO, 2:1 REeOROtNC
n;Of;RAl... WAV"$ ~E\Itf". "-'iO ;.pPRooIAt, OF P'VIr.zS AN(} ~TS F"OR SAM[ OTHER TI-wI ~ RESul..'r11<<> ~ NO_ 9~041::5.'45t_ 'REc~ ~ KING COUNTY. *'ASHINGTON;:
1NADEDOAT~ MAINT~[ BY i'Hi. CI1Y OF FI"()[R.At 't(A,Y.
~ AtON<il 5.'IlD EAST LIfoIE S OCY.~-OS- Eo. 50..00 fW;
FURTHER THE UNOEIi'SlGNtO OWNE;RS 01' THE LAND HER~ SUOOMOEO ACR('[ tOR THfUSfll,o"t$, TJ.EIA: tit.~5tS
ANQ A$~ '1'0 lNOL~. l'1OU) ~lLSS AND ~F"~NO ~ C1IY Of' f[OERAt WAY_ Ils SUCCESSORS -'"0 n1(NCE S &.fH"S5" w.. n_7g rUT;
ASSICNS. r~ou ANI:: AGAINST JJ<< ~(. INCwOING A1l'/ COSTS Of" OEFOISE. CLAluEO 9't' ~~ Wffi.IIt,j OR
WfJHOUf THE SUBOMSIQNS TO ,,"'II[ aEEN CII~(> aY THE DESIGN. EST~UE:Nl. CONST~uc11OM. ()j)EiUTlOH. TI1[NC[ S. OO'"tl(f"S, W. U.....07 FUT TO THE ';iOtJT1-I UN[ or: SAID ~lti HAlJ" Of l'i[ ~H I-W.F
FM..U~ TO OPERA'~. OR MAlNTEtW<<:E OF J<<}AOS. ANO/OR 0RAiNAC~ SVSfO,.. A.l.n:AATIONS or m[ GROUND '" THE ~ST OlMRTER OF It-!( SOl/IHtAST QUARf[JiI' I'Y SfCfQ.l '24:
SVA:r,a,er. vtGETAnON.. D;taiNACE,. OA SUlftACE OR SIJ9SuMACE. WA~ F'tows wITHIN l'rtE 5UaDMSION'S. O't WfTwIN
AM" ~NIlIGE OR OmNTlON r,l\OlmES DfS.cN(o, TO REcEI'IE OIl ~Y ~Et;EMIoKi DRAlh/JICE FROM THE; 'o-tENC:E ~ SAID SQUTI-I UNE N fl9"1'j"U1" E. 596_44 fEET TO niE LAST 1.tNf; OF 5.aiaD SO".J1lE:.ASf
SUaOM'$&0N'5 AHO THE CllY Of' F(OEAAl.. WArs R.....C\If[W -'NO ~~AL of' PlANs ~D ,p~MIlS FOR SowE. OUART~ Of" SECTlON 2";
PRCNIDt"O. ll-dS WANER .um 1III~f:lCA11ON SHA.l...L NOT BE CONSl'HUrD .AS. I;!ElEAsING rnc: ON OF FIOER.AI... WAY.
ITS SUCCESSORS OR A!iiSl~ FROu llA8lUTY F"OR QPl.MAGn. 1WC\..1.J1)ING l.H[ COST OF DE;:fNS[ ~r:SUl:tlNG trIDu: TMi'NC[ ......0N\i. SAIO EAsT l.iillE: N 00'(}4}'2B" E. 'II!;".!;!4 r:ur 1D 1'K[ POtNT Of BEGHtMi.
.wb to 1H.E EXTENT OF" J1oI( SOI.E KrGuGEI'ICt Of" THE; !:.IT'Y' OF" FEotftAJ. WAY_ ITS; suc:c~s'SC:>iri. OR ASSIC~.
EXCEPT flit EASftR!..Y 2:6 i'([T Ttt{R[OF COttV{"':'[l) TO 11-1( el1'Y M rEOERAL WAY BY DUO McoRpED
lHiS SIJBD~SJON. OfDiCATl'ON. RELEASE. 1~()[~NIf"ICAMH 0*" l:;:l.AIUS ANC NJRUIoiOO iO l-!otO HAA......rSS TS w.oL uNDeil: ~ttoRotNG N1J"f80: 2002042901)'~l'-
WIlli mE FAn CON5e:Nr AM) iN ~rmrw<<;E WITH ~ OfSSRfS Of" SAID ~R'S.
IN WID.1E';IS wt1[R't:0F" WE SEi OU~ twms AND s~...'s.
tLGIlL DESCRI?TI()N fOQ' TRAC1 .11:"
CRESCE~T CON'ST~fION. INC_ ~IN:: ~ PORJ'&ON Of' PARtEL ....- Of" CIT'i' Oi" Fl;OERAI. WAy 8OVNlWl't' ..art[ AOJUSNENT ~q
'" -,;AsHINGT'ON cO~POR"TlQN 9I..A. OO~1t)40.4.7.. RECQ;l'.oED uN[l[!1' lONG COUNTY tlEC~ NO, 20010327000006. MME
PAAOCUlARLY DESCRtBi;D "'!i FOllOWS:
.... , TWO PE'itll'SON -
8EClNNtNG AT T"I-f[ SOuTJ.M'!::ST C~ OF" a.:o.ao P~El . A,r ~
Tlll.!i: : PRf.SIO!Ni' ~M€:N~ Af..QNG TH[ WEST lltlfE TliEREoF.. ~tl4 0000"0-4- wEst.. 88.i)8 r:ttT 10 1l1E BEGIiIfNiNG. Of A
ACKNOWLEDGMENTS T.&NG(NT C~;
STA'E OF "'IASHINCtON ) iHElIICE 2._"1 fEET "l.O:-fC r~ ARC;: ~ SMD C~ TO TI-IE ~~ MIWWoIG .. aiIII)IUS OF 25..00 fEET.
) <5 TI-IRoUclol A C[t.Im~ ANCl[ Of' 55'~6"jg-;
COLJNlY OF" f(ING ) iliu;a; I..EAVlN(i. '$Ad) CURvE. SoutH 00"00'04- LAST. 109.,2'6 F"EET TO A POaNT ON 1'HE SO\ff)t UNE OF"
PARCn. -A-~
~r!::1 PlJalC ~'I' ::~ ;oll! TwL STATE OF" ~1~~~~~Cy ~~::O Tl1E"NCE AlONe 'iAJO SOUTH UNE. sot.Jl'H 8!l19"c1' "'EST. 11.00 F'UT TO Tl1E ~ Of' BtCIN~~:
TODD PF'TF'll:SO/ll TO t.I~ KNOWN TO at; i1-tE IlI;!5!OOIT '"
CA:tsc.!Nr CON$tRUCTION. 'NC. THAT ExECu1t:o 1HE rOR!GOiNG IHSTRt)M~Nl'. ANO COHTAIN'ING '.'JS, SClUAE. FttT (O_O:Nj, ~ES). MORE OR LESS,
A(:KNO'N1.EOG!O SAID j}.iSTRu~[t(r 10 B~ TI-IE F"~LL AND VOi,.(jNl~ ACt AND O~ED (?
s.&JD CQRtJORAllON: fO~ TI-ll[ uSES ~ PuRPOSE5: tlirMEtN L4~IIfi1OIIo:I;:D .t.Ni;) ON O.a'i"1-!
sr~tED THAt ~ wAS "'lJfHORIIED TO e:XI::CutE ~ INSrRuME;Nt .
IN wtfNe.S"5 WHE~EnT.. I j.i.V€ HtREUNTO SET MY IoIANi;J AN() bJi"F1;(m MY omclAi. APPROVALS
5EAL. it"[ 0.." AND vEAA ;IR$T ~VE WRITiEN. DEPARTMENT O~ PUal..lC WORKS
I'iOr~ PuBl.,lC IN AND FOil: ti-l[ STAh OF EX..wIN'EO _NO ~P'Mto~o l"MIS~CIAl' Of" ,2-'
WASHING10N. ~S1OO:C AT
TItLE:
~ CDI-1~I$;:r.IO."" =.XPI~S : Puctt.iC WO~S DlREC10R
OEPARTME;.NT OF COMMUNfTY DEVELOPMENT
f;XALlINEO AND APP~ovtD 'f"-itS~0A"( or ~~~_ 2006.
EXCEPTIONS FROM TITLE REPORT
LEG.\I... DE:scRiPnoN'S. EASEMENTS. COVENANTS. CONOffIQHS N>iO RESlRiCTJONS, AS SHOWN HEREON ME f~~ OIRtCmR OF COUUt.JNIT'f OEVH.OPM.E:flIT
CHICAGO TIit.! INSVR>>ICE COUPA.'l,f'( P\.Al c[RTlf)C~TE NO, "'1"9 DATED Al,ICtJS,f J1, 200~. IN;>Ac.':':!'~
THIS PlAT; ~ HAS IoH)T CONOlJCTm AN INOEPENOENT mLE SEARCH NOli: IS ~Su "'i'iA'RE: of f'JI't' 1I1u:. ISsuEs FEOER/IL WAV CITY COUNCIL
AFTECflNG Jtt5:. ?ROtI'E:RfY OTHER T~ THOSE SJ10WN ON THI'S, ~, [OSM HA.S RW~O SOLEl Y ~ f"M;:
'Nt"ORtAATION CONT.\lNEO IN SAID CE;RTIFlC.uE; !N RECARDS m 11~ ISSuES ro PRt;PARt: THIS. P\,A.f J.NO
ll-I[;~f"oRE QU4lIf'IES TME ~'S ACCURACY ~D COMPL(T!:N('SS TO Tl"U.T f)(TfNT. E)(A,h4II11~[) A:liO APPrl:OVfi) rnIS.___________D~y' OF" . 2006_
1) $:U8J(CllO ..v.I EASE;Uf.NT FOR SlOP("S W O:C;II;VATM'JN ANi)IC~ :[.1Ii}ANKMfNT PJ,JRPOSES TO rH~ 5TATt. OF ...."'"
W.-SHINGTON >>10 THE; Ti:RhiS ANO Cl)tliDITlClNS THfREOF AS CONTAJNE"D IN INS'I"R1.JI.cf;NT RECOR[)f;(l I,lNC€R
RECOROtNG NO_ !I&D41~'1460. ~TTE$T:
em CLERK
1) SUBJECT iO Ail! EASE~ENl F'M SAMfA1{\' SEWEr:t ~ES. fO I.AKtHAW'E1II ullUfY Orsn:!'cT ~O mE t(.RUS
,v.IO COHDl11ONS lHE~EOf" AS CONt~NEO IN ''''S1tnJ~E'''' ~EC~D UNDt~ RECoROI:IIC "ID. IS99D90Hj(}OOBJ..
3) 'SUaJECf 10 ~ EAstIol~Nf tOR, SANlT,Il,R"( StM;R f.ACllJnEs. to LAKEloU.vot uT1l.JTY OISTRtC;.T AND 1l1E TERvS KI~G COUNTY DEPAAT....eNTOp, ASSESsMENTs
AND COMPITlOII/S 1'Hm:Eo; AS C'OHT"'Nf:D tN IMST~lNtNT RECORDED UND(R RECORDING NO. 200Xt.401001JJ1
SUBJECT to A 'l1C(NS[ Hmo INSPECTION OF CONSTfi!UCTlON iUil'ROVfU[NTS PURPOSfS TO THf CIN 0, EXAM'HE"O ANO APP~ovtD il-IIS_DAY Of . 2008_
')
FEDEFW.. WA,Y NIID TH[ rERuS AND CONDITtONS fl-ir.~of AS CONl~O IN IN'$TfWtIOfi" RECORD(D UNOt,A:
RECOAOfNG 'NO_ 200:5052+000191. l(ING cotINlV ASSf$so..~ OEPI.JlV KING COONlY ASSE:SSOR
0) !iVl3J(CT TO T....."T ~EE:IoIENT tOR CONSTRuCTIQN Of' LtRT.ldN WATfA' ANO S(W(R IUP~OVO.t(Nrs 6OW[E"l i4210}-901g-Q.1.
.Ffl)rRAl. .,A'f .~lE~ A.NO sOV['l D1S1$fICT MoW ,P.&,RII;L.AN[ v(NTIJRES.. DltS, AIIfO TH[ T[~MS !\NO CO:o.!OOIOI\jS ACCOu"lt NlNsERS
T1-!ERE:or ~ cON1.1.~(O tH lN5iTRuLt[Mf ~r.COQ:o(O u!lIDtf;!' RECoRDING NO. gn~l!i1D9~1I.
0) SVMCT TO CENI;RAI. A.NO SiJ'O::1Al "TAX(S AND CHARCE'S IF ..PP'I,.IC:I\9r".E" FOR ,trCCOUNl NO. 24i)oJ~:;tOI9'~04. FINANC~ OtvlSlON CERTIFiCATE
I HERf;BT Cf;RTIf"j' All PA:OPE~ty tA,ll:B ARE PM>.. TI-tAT TI-I~RE AA~ ;;0 O:Et"INQUEHT
7) SU9.l(ct to Po Df;f;D ~ TRUST NfD ASSIGNMENT RENTS ^ND/OR !..(ASES PVR!'"OSES NORTHWfST F"INANC:Al SP(C1AI.: ASs('SSA.4t:tII'fS ct.~~iED TO TMIS 0f1'IC( tOR COI..l...(CTiON .ANI) nuT AU
CORP_ AND Tt€ ll:.U.4'S IUoID CONDITIONS THERtOi" AS CQNT,A,INED I~ ''''STRUt.4E)~T ~tCoRDED UI\IDER RfCORDrNC NO, SP'(CIAl. A.5SESSwa.tT5 CERTlflE:D TO THIS OFTtCE ft;)I:I: COUE:CTlON OM ANY Ot lH[
:20050.20300089.... PROP[!:lTY H(r:tEIN COJttf,.6jNED, OfrnCAT(O AS sm[(T5_ .-u.OS OR F"OR .w'T" OntER'
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THI'5~,_,..,~DA.Y Of" ~~.. 1QO~.
fINANl;E ~
~ FWoiANC[ OWISlON OEP\".,
RECOROING CERTIFICATE
'f1t.E"Q F"OR R[CCIIm A.J t1-tf': Rt;JXJEst OF" ""~ CRY Oi" FEOE"RAl.. WAY THS ~ DAY OF
_ .:lOOS ....0.. AT _~1HUtL5 PAST ~M.. 1lMJ Rt:;COROED ifIII
SURVEYOROS CERTIFICATE ~IJUE Of Pt..i.15. PACES R(COAOS Of ':'INC COUNTY_ W~TON.
"""""'" ~COROO ANO mer.-....s ~
I "'~RrBY CElUlrY 1'l-VoT THIS ~T 0; -P[~ SV8~ 'IS. ~[.O uPON A S/.JRV(Y or 5E.c::rION
24. T~ 2:' NORTH. RANGE' J EAST" W_""_. tH.At M.1.. couRSt:5 AND OIS,~t<<;ts -'Rr SMCW:'oI =::.000. --~GELOF
CORRECTI,.Y Ji(RtON. THAT ......1. UONU~E"'TS AND ~NERS AS S;j-IOWN i-EREON 'N<.li.' at SET.
CORRECll...V ON THE: CRWNO. ..,5 CONS~UC'noN IS COMPli::F"...D AJ.,I() T~. I ""'\IE fUl...lV CO~PtJEO
WITH THE PRO\IISIONS OF '!"ti[ .ptATTlNC ~CuI.A1'lONS.
/Jl",i'.d.I./ il.&,w- rn __ CONSULTING
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~fCH.a.EL R. BowEN. PROFES'SiOI'iAL L.A.ND SU~~O~ 33:91S ~ 'Way ~ 8uila. 200 ...- --
CERTWICATE NO 29294 F..-.. W*'1. W~ ~ .........-
1M3) 838-B113 PIItlk WofIl...
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OS-108360-0Q-SlJ IWP_ ~lN_. RNC. J, E.. w u
FEDERAL WAY FILE NO: DATI: 20050-11-09 JOB wO. 11~U 001 oo~ 0002
owc NALAE: 115.7\OOt\OO5\Pi.0T<;i.\F"P 01.DWU DR....WN BY: a.~.s. SI-iEEi I 01' 3
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PENA SUBDIVISION PG.
A PORllON OF SECTION 24, T. 21 N., R. 3 E.. W.M.
CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON
n LEGEND
CUAVETABLE LJNETABLE (;B ... ~=E~;'~_?~~'~~ci:~~~u~
cuFNt OEUA R,lr,OII,.1S !...ENCTH l~N( !!IEARING . EI\iGTH 200JOSlOOOO~4
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FEDERAL WAY fKE NO: OS.~tQ6Jf,O-OO-SU DAlE: '2005 11~09 Joe NO. li,So7 001 OM--.ooo2
OWG ""'~E: ft~7\OO~\OM\PlO'S\rp~.oJ.OWG DRAWN SV: 8.R.5- SHtEt :s Of".}
PENA SUBDIVISION
A PORTION OF SECTION 24, T. 21 N., R. 3 E., W.M.
CllY OF FEDERAL WAY, KING COUNlY, WASHINGTON
CA'$EO 'UONUU[:~J ~A' P\,Ar OF"
r ~RMtJ...V. l..AN('" R[CMlXHG
NO. B?012601).j7
I II -8lr""59" rOUIoID ~: l( $" CONCRt'tE.
1..tOM..W~ ~TH l(.aO
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err! DF r.EDE:ttAL WAY BOUNDARY
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!>ANVl1.LE STATON DN50N ""'. 1
RECDRO~ No. 20030530000664
I
~ :i EASEMENT DEDICATIONS
1) AN E').SE~ as .!iEREBY CJW(r[D To l,.AK[HAV[t.! UTl.IlV OI.St~r. ITS I'f[IItS.. !iUCCEsSoRs AlfD ASSOI5. f'OIt so lONG AS iT
~ <Ii stf.\U" Owtf ,o\Ni) MAINTAIN nq:: 1,l11U11Ls RffERfNCED ~Rf;1N UIliOEFt Ill<<) UPON 1'I1r NtEA SHO'*N ON 'hiE pt"AT AND OE$CIi:I$EO
,w HEREIN o\s .WATl::R EAst~Nr M ~SN1II;AR"t' SEWEIit ~Sf..[Nr to 1NS1~L UANT.MN. R[PV.CE. JtEP~ AND ~f( WA,Trn' ANi)
~I ::> SEWER MAINS AND APPvATEN.U;CES F'OA. THIS SUBDtVI$IOt4 N<<> Oll-t(lt PRO?tR'lY fOCiUHEft wrrw 'HE RICt1T TO ~ER ~ ~
EASOAE;ms AT ....,. TIUES r~ THE ~s STATED. NO atnLl>>:G. W"Al,.L. ROCJe:ER"t. tnICt. IREES OIl ~ 01' Nlf KINO
" Z 5.1-1AL!. BE EOlltCT(1) OR: Pl..&Hm). NOA: SMAtl "".y Fltl totATERIAl 9E rtXEI) ........, TttE ~ OF SM> ~ ~ NO
f' W ::'XCA\lA,h:IN SHAU. 8( lAADf; :n1HIN 'Il-IAU; i'UT ~ s.a.tl;) WATE~ M S4:41fARY S~Jt SElNJCt FACJtJ'n[S ~p THE SIJQf~ 1.E'YU.' OF '"
o > TI-fE ta'OUHD 'MTI-tlJ.I fwi: EASEut,.". ~...A ~ BE w.lNTMfED Ji,T ll-'f; EU'VA1'~ M. C~y Da5'nNcp. eRAMOA: ~y
g <{ GRANI"S TO n-l5; CPANTEE. T~ ust ,or ~Ii AOOIt~ AREA 1WMEOIATUY ADJACe;NT to SAID EASEMtHT AREA ~ $HAt.\. '* REOUIiitt'D ~
z t; FOA; iHE; .cCNS~TIC:o... ~E[;ONSTRt.iCTION_ 14Ji,INTENANCE .AND 0PERA1'ION Of s;./D WAn;R AND SANfTAR'I' Sf;W[~ rACtl,lTlES. THE: USE
OF" SUCH ^OOl~ AA~ $iAU.. SE kUO 10 /4. ~~ ~1\4 ~D Ill!:: AEfURNW TO THE" co..orrlON .EXJSnNG IMM~OtATn..y w
'" ~FO~ TkE PROPEffI'Y was f:lfltRED UiJ'ON Eft ~.4NTt"t OT IT$ ,t.GEHTS. IN AODfTIOM m lHE ornm IH:STlhtflONS IiEREIN. c~
SH,a,~l NOT CONvEY to ~ TJomtD PARlY MY [ASt'-'EN1 OR O1HEOi RIG"l' Of' I.ISA(;;E IN Jf'I!: P'1tOP[RT'f WHICH WOIA.O IloWNR OR \..8.fIT re
THE C~M'TEC;'S uSE OF" TI'I( fAsi:i,;Ofi ~ g
2) AN !:AS[lt.IOO IS "'~.t.By ~~R'vf:. rOR A.!I:l) COJ.NL'rW TO PuG~ SOU"'l) EN;RC;y'. ~c.. OA$ COMPAHY_ Pc..IGEl' SOUNo ~N(Rcy. II
...en i::U"CiRtC COUPANY. OVJt:ST TElD1'h"ON~ CDUPAN'I', AND CO~'S1 CABl~ COMPAN'I'" AM) 0'l'mR lmUTY' ~~DERS ANI) Tl-EJIiI: '"
t(ES~TNC: !iiUCC~SOtrS A.ND ASSfCNS. ,UNDE:R THE ~"(t~ n:1II PO) r"EIT OF" All tots... 1RACTS .......0 SP-'CES W1.lHIfIJ 1liE PlAT
pLAT Or l~ ?ARJt,lLEl WJTH AND ~C),il S~tT($): r~ ;,rIHfCH 1'0 c:o;..:3~T. OPfA'-'tE.~...... RtP~ ~~t ~D ~
liN[)EROROUND PI?fS.. CONourrs. C'aLi::S. ANI) W1~~S "'mol AU.. NE:Ci::SSARY OR CO~NlJ;;NT VNOERGAOuNO OR GROUND-MIJUN1WCj;
DAM'I.....LE: SiAT!!:JN 9N15.DN )~. 2 Mi'rtU5lTE"NAJ<<:;~ THtRE:TO fOR THE ?u~PQSE" OF S;~R'IINC 'fI-IIS SUg[J1\IlSIO:II ANi) OTH[~ PROP{RTY WITH ElE'tTRIC. C,AS, TntJlt..tOH[_
RECDRDJNl!j No. 200.:6Qo24001OD..1 Ttl.~ ~ orHER UT",ITY Slf;MCE. mG.[THE~ WIT'" T~ RtGI-IT TO [NT[R ul>ON tHE" SlRffT!i.. LOTS, TRACTS, AM) SPACES AT AlL I
LU TIMES rOlil Tt..~ Pv~s ~~~N ST~J(;O,
.)} ~ ~OTS ~t. ij[ SU3JJ;;CT 10 AN EAsz;~E"NT 2,~ tE"ET IN w:DT!-i ~~.4I,.t.E:l II'IlH ANO ~TTING ALL I/Ifli;fnOR LOT UNES A~
s..oo rti;T IN \\'I01H ilNW..U::l 'Milot NIlD M:lUTTINC All ~ ~or 1I~ rO~ 'j"1'f( Pult?OsE or ~1V":I1: 'STMM. O~, ~ 1''''E I
Lv9iT LOT U/ltES ARE .AOJuSTEO AJ'Ttf'{ Jlo!E RttOIilDINC Of' THIS '"'LAT, Tl-oIf; EAS~UtNt StoIAU. UIOUE "IttH 1}IE ADJuSTEO LOT u..n.
MAllllTEH.\NCE ty All F'RtVAl'[ STORM DRAIN,l,Ct ~"EJ,JtS; ON nitS Pt"AT 'SHALl. BE flo&E. REsPQt.rS.lBIUlY OF mE lOT$ O(RMf'W
BEiliU-If ~ SI.Io ~l.fEtiL NO STRuCTURE"S OTHEll 1)ot.IW FE!>tCE'5 C:~ 'I'~O ORAINS ~I,. 8E r;ot,rSJRuc1tD WITt-nH iHESr
[ASo.&ENTS. J1€$E ~ULNts r<<Y[ "lOT BE:EN D~i>tcTlJ) HEREIN.
S.W. 346TH P\..~ .) lOts I k 2 Stw..l. 8E SUBJECT TO. AND B~[fliTEO BY, " 30 ;:ooT t.I!JTI.J.\1. EtS"Jl!F'lT INGRESS/ECRBS -8l UnUTY EAS[~LNf (f;J)
AS DETAIl.LD "" rAsE:IUlWf DETAIl. ON Slim J or .), 'h-l( SOUlHWrs:Tt~Y PORTiON Of tHIS EASEuENT $tW.L at SUWECT fa ntE:
CONOOlOHS O~ s..MTAA'( ~ ~.\SE~tNT 1;;2 AS DE;5C~O ON S~ I or ~. WAlNTENANCE N\JO AEPNR OF SAIO ~ED
IUPROYE...o:t$ WITHIN. ~I> !.tUIUAL. EASUt[N1 fHAt BfNfill OWLy lOTS 1 ~Nl) 2 SHql ~ Si1ARED BY 'tHe: OWNERS .oF ~ lOTS,
~oI\NCE AND A'[;)AI~ or ~M(NTS SH.ilRm WITH Orni:R LOTS -MTH1N 110ft. PlAT SHAU BE THE RES?ONStel{JTy OF AJ.t. lOt
.. II) NOTES ~~l"(,
0
511 l) tHE OOIJNl)..1..Ry fOR TI-i(S PlAt WAS Est.\Bl.ISHEO BY PtAT rl:fCORO o~ SURvEY !3iY ~~I, INC. R(C~Df:D UND~ REC~OINC NO_ !H0522i011_ AND I
;g aOUN~RV llNf .AOJus1ME"NT A'EcofmE'O 1,lNDF;Jt R[~OING NO_ 20010.)2'90000I:,
'l 1'~ACT ^ IS A \.ANDSCAPE 9VfftR TRACY, to 8t: OEOICAftO TO ANO u.>JNT,a.ltljED BY" 'H( Ptf,I,t. SlJBDMStON ~ OWNERS .assot.~-110N. REUOVAt
~~ OR OfS,lUReANCE Of LANDSCAPlNC W1JloilN JI-tf n:w:T IS p~~tt(). Dl.CEPT ,tIS NECESS'kY F'Ott MAlNTEIIIANCE OR RE:Pu.cEiI[~r or Ex5nNO
3...::; P\Al'i'hNGs "'NO AS ~A.CNW 9'f iHE CIlY C;:' rE~~ WJI:f. Ii>H'( F(NCINC WjTWIIII T~ACT A $ttM.l Hi: UXATt:D ON tHE EAST(RN SlOE O'f T~ TRACY.
~3~ 3) T11E ROAD .AND SlORM ~ ~7ll.1 ~ er: CON'STRuCitp ACCOROfNC TO Tf-tE: .-r'PRQI,I'F....D ENCIt4:~1\IG PUrIN$ PeR""" 1ItOS_
I 01-10.Ui~-OO-'SU. Of~1044]&-OO~0I . OJ-I0.4.4]4_(N ~ Fl\.E IMTt-I 110tE Cil"i" Of" F"EDE:~l 'fU..'r. Nl'I'DE'N..'nON FROt.A ftoI[ ~RcJvp) PI".AN$
~~g WJll ~EQUlRt APP1rOV~ FRON THE Oft Q!! ~ED[RAl" WAY.
8~ro 4) $ID( SEWER- STuBs. kA\I( SEEN INSl.llillID Wffi-I THE C01fSTRVenON OF ~ toWN SfWEA svstEM.. TM[!t\IVE1tt ElEVATIONS OF TI10SE PtP(S \flll
3!,g PLAT Or OtrER~E THE: UIN'*tOM FWlSHto flOOR tlEvAllDH REOVtf!ED m Q9TNN GAAVlT'l' FLOW INto TI-IE MNN Sf'w(R SYSlDiI_ 1li( Pv.NS ()If f'ltE WITH
VJ((HII,v[N UTILITY OlSl~l SI'tQVlO BE CONSultED PR;oA TO COMM[NCINC otSlQf DRAwINCS rM fW'( runtA:[ DrvEl.oPM!!NT ON TH[ lOiS SI10WN
ROSEL!......A LANE H[~EON_
VOL '136 PAGES 23"23
'Dr! ~) DURn\IC J~E CDURS( Of COt.ISTRIJClIC>>.t Of" ~ lOT 'MTI'lIN THiS SUBDM$ION. S1UB~OUT INVf;Rl [LEvA-OONS fOR STORY D~Atr.w>i; Si-i0Vl0 sE.
v~F"~D 1l'f tHE: JNOMO\,I.1.l lor BUIl.OER ()I;I OWN(~ TO PRO\I1OE tHE NEC($$AItt SloPE: I'ROM THE:. PROPosED i10USE
(,) 8/JIlDllrilC SHBACKS ~ .*S rOllOWS: F'o:tOlllt: 2D' SlOE: 5" R(AA: !I.' ~O" THE PROPffrty t~.
7) ;>,I.,.L S;AMi.t.ft1 $~Wf:~ [,\$!.t"::OHS O(PI!;;1"m -.J;;:-MI~I ,.utE I-IER[~ ~O ro L.,tJ(fH.\~N unuTY OlS1ftaGT fOR T1-lE PurlPosE: O~ SERvYNC 1'H1S ,
sU8OMS/CIII .6Ml 01'He;R P~RTY w11'H WAT~~ ANtI $ANITAR"f '!i[wE~ S(~
B) !ii.VI. ja4TH Pl..AC( WITHIN lHE BOI,INDARIi::S Of THIS ~'I' tiE:R[8Y OEDIC,.\To;I TO THE CI'T'f at ff,D(RAl WAY UPo!It, RECOROIN(; OF" tHIS Pi......:..
g,) ...on 'S.H~ h",vl; 11:0 Oi~LCT ,a,CCfSS TO S,W. ~4rH ST. O.R 21ST "'V~ S,W
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1822 S.W. .l-41i1H fl'tACE '--
FEDERAL WAY FilE NO: OS~1Q6J60~oo~s.L1 2005 il-09 ."oe NO. 1157 001':'1)O!, 0001
DATE" .
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EXHIBIT! Q..
PAGEXpF -Y-
"
. RESOLUTION NO. 03-388
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING WITH
CONDITIONS, THE PENA PRELIMINARY PLAT, FEDERAL
WAY FILE NO. 01-104415-00 SU.
-
WHEREAS, the owner Mr. Federico Pena, applied to the City of Federal Way for preliminary plat
approval to subdivide certain real property known as Pena, consisting of 1.44 acres, into seven (7) single
family residential lots located south of SW 3441h Street between 18th Avenue SW and 21st Avenue SW;
and
WHEREAS, on November 16, 2002, ao Environmental Detennination of Nonsignificance (DNS)
was issued by the Director of Federal Way's Department of Community Development Services pursuant
to the State Environmental Policy Act (SEPA) and Chapter 43.21C RCW; and
-. WHEREAS, no comments or appeals responsive to the DNS were submitted to the Department of
Community Development Services; and
WHEREAS, on May 19,2003, the Federal Way Land Use Hearing Examiner held a public hearing
concerning the Pena preliminary plat; and
WHEREAS, following the conclusion of said hearing, the Federal Way Land Use Hearing
Examiner issued a written Report and Recommendation, dated June 3, 2003, containing his findings and
conclusions, and recommended approval of the preliminary plat of Pena subject to the conditions set forth
therein; and
WHEREAS, pursuant to Scction 20-127 of the Federal Way City Code, the Federal Way City
Council has jurisdiction authority and to approve, deny, or modify a prcliminary plat and/or its
conditions; and
WHEREAS, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all
other applicable City codes, on June 16, 2003, the City Council Land Use and Transportation Committee
. EXHIBIT P ~
Res.103-388 ,Page J t(Q){Plf File#OJ-I0441'1tGtDo.;.~- zm'OF Jk.:
considered the record and the recommendation by the Hearing Examiner regarding the Pena preliminary .
plat, and voted to forward a recommendation for approval of the proposed Pena preliminary plat, with no
changes to the Hearing Examiner recommendation, to the full City Council; and
WHEREAS, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all
other applicable City codes, on July I, 2003, the City Council considered the record and the Hearing
Examiner's recommendation on the Pena preliminary piaL
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS
FOLLOWS:
Section I. Adoption of Findings and Conclusions.
L The findings and conclusions contained in the Land Use Hearing Examiner's June 3,
2003, Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are
hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to
", be a conclusion and/or any conclusion deemed to be a finding, shall be treated as such. .
)
2. Based on, inter alia, the analysis and conclusions in the Staff Report and the
recommendation and conditions of approval as established in the Hearing Examiner's June 3, 2003,
Report and Recommendation, the proposed subdivision makes appropriate provisions for the public's
health, safety, and general welfare; for such open spaces, drainage ways, streets or roads, alleys, other
public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds,
schools and school grounds, and all other relevant facts as are required by City code and state law; and
provides for sidewalks and other planning features to assure safe walking conditions for students who
walk to and from school.
3. The public use and interest will be served by the preliminary plat approval granted
herein.
Section 2. Application Approval.
Based upon the June 3, 2003, Report and Recommendation of the Federal Way Land Use Hearing .
Examiner and the findings and conclusions contained Iberein as adopted by the City Council immediate:.p
Res. #03-388 , Page 2 File #OI-I044EXHIB"'~'1 -
PAGE~OF JP '4
.
.
-". above, the preliminary plat of Pen a, Federal Way File No. 01-104415-00-SU, is hereby approved, subject
to the conditions contained in the June 3, 2003, Report and Recommendation of the Federal Way Land
Use Hearing Examiner (Exhibit A).
Section 3. Conditions of Approval IntegraL
The conditions of approval of the preliminary plat are all integral to each other with respect to the
City Council's finding that the public use and interest will be served by the platting or subdivision of the
subject property. Should any court having jurisdiction over the subject matter declare any of the
conditions invalid then, in that event, the proposed preliminary plat approval granted in this Resolution
shall be deemed void and the preliminary plat shall be remanded to the City of Federal Way Hearing
Examiner to review the impacts of the invalidation of any condition or conditions. Upon such review, the
. Hearing Examiner shall conduct such additional proceedings as are necessary to assure that the proposed
plat makes appropriate provisions for the public's health, safety, and general welfare, and other factors as
-. required by Chapter 58.17 RCW and applicable City ordinances, rules, and regulations, and forward such
recommendation to the City Council for further action.
Section 4. Severability.
If any section, sentence, clause, or phrase of this Resolution should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect
the validity or constitutionality of any other section, sentence, clause, or phrase of this Resolution.
Section 5. Ratification.
Any act consistent with the authority and prior to the effective date of the Resolution is hereby
ratified and affirmed.
EXHIBIT 1>
. PAGE ~ OF 12.--
Res. f,()3- 388 , Page 3 File #0 I-I 044 15-OO-SU 10-. 10. m81
.
.. .
Section 6. Effective Date.
This Resolution shall be effective immediately upon passage by the Federal Way City Council.
RESOLVED BY lllE CITY COUNCIL OF lllE CITY OF FEDERAL WAY, W ASI-UNGTON, THIS luDA Y
OF July ,2003.
CITY OF FEDERAL WAY
..
~~~
O~ JEANNE BURBIDGE. .
) ApPROVED AS TO FORM: .
~~t7~~
Cn'Y ArrORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 6/19/03
PASSED BY THE CITY COUNCIL: 7/1/03
RESOLU110N No: 03-388
EXHI~T D
PAGEOF~
Res. p3-388 , Page 4 File #01-1044 J 5':()(),SU / 00<:./0 mel
r
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Page - 1 ~~J
, CIty of r'lOder.'!i iby
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF: )
)
PRELIMINARY PLAT OF PENA ) FWHE# 03-04
) Fw File #01-104415-00-SU
)
.
I. SUMMARY OF APPUCA TION
The applicant is requesting preliminary plat approval of a seven lot residential Jot
subdivision as provided for under Federal Way City Code (FWCC) Chapter 20,
"Subdivisions". and requiring approval pursuant to FWCC Section 20-110.
II. PROCEDURAL INFORMATION
. Hearing Date: May 19. 2003
Decision Date:' June 3, 2003
At the hearing the following presented testimony and evidence:
1. Deb Barker, City of Federal Way, Associate Planner
2. Stuart Scheuerman, ESM Consulting Engineers, 720 S. 348111 St., Federal
Way, WA 98003 ,
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1. Staff Report with all attachments
2. Power Point Presentation
III. FINDINGS
1. The Hearing Examiner has heard testimony, admitted documentary eVidence'intb
. the record. and taken this matter under advisement. EXHIBIT
PAGE~OF
.
.
.
Page - 2
2. The Community Development Staff Report sets forth general finqings, applicable
policies and provisions in this matter and is hereby marked as Exhibit "1" and
incorporated in its entirety by this reference.
3. All appropriate notices were delivered in accordance with the requirements of the
Federal Way City Code (FWCC).
4. The applicant has a possessory ownership interest in a rectangular, unimproved
1.44 acre parcel of property abutting the south side of SW 344lh Street and the east
side Qf 21st Avenue SW within the City of Federal Way. The site abuts 21st Avenue
SW for approximately 100 feet and SW 344lh Street for approximately 550 feet. 18th
Avenue SW abuts the parcel's east property line and SW 44th Place abuts the
eastern 80% of the south property line. The applicant requests preliminary plat
approval to allow subdivision of the site into seven single-family residential lots with
a minimum lot size of 7,205 square feet and a maximum lot size of 9,224 square
feet.
j 5. The preliminary plat map shows that Lots 3 through 7 will access directly onto SW .
.' 344th Place and that Lots 1 and 2 will have a common driveway access onto said
street. Thus, the platwill have no internal roads and no access onto 21st Avenue
SW or SW 344lh Street.
6. The site and abutting properties in all directions are located in the Residential
Single-Family (RS-7.2) zone classification which authorizes single-family residential
homes on minimum lot sizes of 7,200 square feet. The Federal Way
Comprehensive Plan designates the site as Single-Family - High Density. The
preliminary plat complies with' both the applicable zone dassification and
comprehensive plan designation. Abutting uses include a park and ride facility to
the north, the approved preliminary plat of Belle Meadow to the south" vacant
property to the east across 18th Avenue SW, and vacant and single-family parcels
to the west across 21st Avenue SW.
7. The site contains Alderwood, gravely, sandy loam soils which are moderately well-
drained and capable of supporting urban development. The site has a gradual
slope rising from west to east at three to four percent and no steep slopes or other
geologically hazardous areas. Vegetation consists of several conifer trees, apple .
trees and grass. Seven trees meet the definition of "significant" and the apPlicant>
will preserve all seven trees. :~~A~ .
- "-- E~
\~.?:. .'. < , PAGE 2-
,""
.
Page - 3
8. The site contains no wetlands or streams, and development will not impact the
nearest wetland to the site which is more than 200 feet to the northeast. The site,
formerly used for grazing and pastureland, does not support any endangered or
threatened species of plants or animals. The site provides some habitat for rodents
and songbirds. -.
9. The parcel, located in the western portion of the City, is in an area developing with
single-family residential dwellings. To the south the plats of Belle Meadow and
Keller will have single-family homes on lot sizes ranging from 7,205 to 9,442 square
feet. - The site shows no open space and the applicant will make an in-lieu-of
payment as approved by the City Director of Parks, Recreation, and Cultural
Services in accordance with Section 20-155 FWCC.
10. All lots are of rectangular shape and the average lot size measures 7,752 square
feet. The applicant has shown building footprints on each lot and all lots will have
adequate building area for a reasonably sized home.
~. 11. Vehicular access to the site is provided by 18111 Avenue SW which extends south
from SW 344111 Street, and thence by SW 344111 Place which extends west from 18th
Avenue SW. As previously found, all lots will access directly onto SW 344th. The
applicant will install half-street.improvements on the north side of SW 344th place
and will include six foot wide sidewalks which will link to an existing sidewalk on 18th
. Avenue SW. The applicant will provide a ten foot wide, landscape buffer tract along
the western side of the parcel adjacent to 21 st Avenue SW and will plant street trees
therein.
12. Half-street improvements on SW 344111 Place will include the dedication of 22 feet
of additional right-of-way and the construction of eight feet of new pavement width
which will combine with the existing 20 feet. The applicant, in addition to the
sidewalk, will install a vertical curb and gutter, four foot wide planter strip with street
trees, and a three foot wide utility strip. Street lights will be installed on the south
side of 344111 Place within the Belle Meadow subdivision. The applicant must also
install street trees and vegetation within the southwest 344th Street right-of-way.
13. School aged children residing in the plat will attend Sh€lwood Forest Elementary,
lIIahee Junior High, and Federal Way Senior High School. Junior and senior high
students will receive bus transportation as said schools measure more than onep
mile from the site, .but elementary school students will walk to sC~Mi;~cant
-'. prepared a school access analysis which identifies a safe walki. . . pi fnr . ,
elementary students walking to and from school. The applica'PAG! ~~1 _ ..Ii-
.
.
Page - 4
impact fees as authorized by City Ordinance at the time of building. pennit issuance
which presently equals $3,894.00 per single-family housing unit.
14. While the plat proposes no open space or community parks, the Keller subdivision,
currently under construction, will provide a future park which will contain a picnic
area and play equipment and will also provide both pedestrian and bicycle
connections to the existing SPA trail to the east. An additional access to the BPA
trail is located approximately one-half mile to the east through the Park Lane
Estates subdivision. The.park and ride facility contains a pedestrian walking trail
and Saghalie Park is located approximately one mile to the northeast.
15. The lakehaven Utility District has verified that it has ability -to provide domestic
water, fire flow, and public sewers to the site.
16. The City Public Works Director approved the applicant's request to direct storm
water runoff from newly created impervious surfaces to the Belle Meadow storm
) drainage facility located on the south side of SW 3441h Place opposite Lots 5 .
through 7 of the plat. The applicant verified that the Belle Meadow Facility has
sufficient pond capacity and water quality treatment for the two subdivisions.
However, the applicant must regrade the bioswale, remove the concrete divider,
and replace it in a manner to provide adequate residency time for storm water flows.
All stonn drainage facilities must be in place prior to final plat approval.
17. Section 20-126(C} FWCC authorizes the Examiner to recommend approval of the
proposed preliminary plat to the Federal Way City Council if the project satisfies the
decisional criteria set forth therein. Findings on each criteria are hereby made as
follows: .
A. As previously found, the project complies with the Federal Way
Comprehensive Plan which designates the property as "Single-family - High
Density". The applicant proposes a single-family subdivision with minimum
lot sizes of 7,200 square feet which is consistent with the comprehensive
plan.
8. The project is consistent with all applicable provisions of Chapter 20 FWCC,
including those adopted by reference from the comprehensive plan. The
applicant must comply with provisions of FWCC Chapter 18, Environmental
Policies; Chapter 20, SUbd~visions; Chapter 22, Uf:nB1t~ .
.~ applicable codes and regulations. .
P~GE 1$ OF A '1;
PAGEU
.
Page - 5
C. As previously found, the project is consistent with the public health, safety,
and welfare as it provides all facilities and services, safe walking conditions,
and all factors set forth in RCW 58.17.110.
D. As identified in the Staff Report, the project meets all design criteria set forth
in Section 20-2 FWCC.
E. The proposed preliminary plat complies with all development standards listed
in Sections 20-151 through 157, and 20-158 through 187 FWCC.
~
IV. CONCLUSIONS.
From the foregoing findings the Hearing Examiner makes the following conclusions:
1. The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
'. 2. The applicant has established that the proposed preliminary pl~t makes appropriate
provision for the public health, safety, and general welfare for open spaces,
drainage ways, stree'ts, roads, alleys, other public rights-of-way,potabfe water
supplies, fire protection, sanitary waste, parks and playgrounds, schools and school
grounds, and safe walking conditions.
3. The proposed preliminary plat satisfies all criteria set forth in the FWCC and is
consistent with the goals, policies, and objectives of the Federal Way
Comprehensive Plan.
0
4. The proposed preliminary plat will selVe the public use and interest by providing an
attractive location for a single-family residential subdivision in a growing area of the
City. Therefore, the Federal Way City Council should approve the preliminary plat
subject to the following conditions:
1. Final plat approval shall require full compliance with drainage provisions set
forth in the FWCC. Compliance may result in reducing the number and/or
location of lots as shown on the preliminary approved plat. Final storm 1::>
drainage engineering plans shall comply with the fOIlOWint:xHIW'
,Je A. Engineering pfansfor the Pena Preliminary Plat mPAMict r~F ~
grading of the Belle Meadow bioswale and the removal and
replacement of the concrete divider as recommended by the revised
.
.
Page - 6
TIR. The work must be reviewed and approved by City staff. The
improvements must be inspected and approved by City staff prior to
final plat approval for the Pena Subdivision.
'B. If. for any reason. the required improvements to the"' 8elle Meadow
storm drainage facility - are not constructed. the applicant will be
required to construct a stonn drainage facility in conjunction with Pena
Preliminary Plat constructiQn.
RECOMMENDA TION:
The Federal Way City Council should approve the proposep preliminary plat of
Pena subject to the conditions contained in the conclusions above.
DATED THIS 3rd DAY OF June. 2003.
) .
TRANSMITTED THIS 3rd DAY OF June. 2003. to the following:
Agent: ESM Consulting Engineers Inc.
Stuart Scheuerman
720 South 348th Street
Federal Way. WA 98003 ,
Engineer: ESM Consulting Engineers Inc.
Monty Bakken, P.E.
720 South 348th Street
Federal Way. WA 98033
Owner: Fortunato Pena D
1102-6282 Kathleen Ave. Apt 1102 EXHIBIT
Burnaby BC, Canada V5H4JH Ih 'OF ~
PAGE~ -
, .
.
Page - 7
Others: .
Paul Rice
29604 18th Avenue S.
Federal Way, WA 98003 ~
Somphane Saysanarogpue
29615 18th Avenue S.
Federal Way, WA 98003
Tom Lawson
29609 -18th Avenue S.
Federal Way, WA 98003
:. City of Federal Way
cfo Chris Green
P.O. Box 9718
Federal Way, WA 98063-9718
,
EXHIYITk
PAGE . OF
'e
.
CITY COUNCIL REVIEW, ACTION .
Pursuant to Section 20-127, following receipt of the final report and recommendation of
the hearing examiner, a date shall be set for a public meeting before the city council.
The city council review of the preliminary plat application shall be limited to the record of
the hearing before the hearing examiner, oral comments received during the public
meeting (so long as those comments do not raise new issues or information not
contained in the examiner's record) and the hearing examiner's written report. These
materials shall be reviewed for compliance with decisional criteria set forth in section 20-
126. The city council may receive new evidence or information not contained in the
record of hearing before the hearing examiner, but only if that evidence or information: (i)
relates to the validity of the hearing examiner's decision at the time it was made and the
party offering the new evidence did not know and was under no duty to discover or could
not reasonably have discovered the evidence until after the hearing examiner's decision;
or (ii) the hearing examiner improperly excluded or omitted the evidence from the record.
If the city council concludes, based on a challenge to the hearing exa~iner
recommendation or its own review of the recommendation, that the record compiled by
the hearing examiner is incomplete or not adequate to allow the city council to make a
decision on the application, the city council may by motion remand the matter to the
hearing examiner with the direction to reopen the hearing and provide supplementary
findings and/or conclusions on the matter or matters specified in the motion.
) After considering the recommendatiQn of the hearing examiner, the city council may .
adopt or reject the hearing examiner's recommendations based on the record
established at the public hearing. If, after considering the matter at a public meeting, the
city council deems a change in the hearing examiner's recommendation approving Of
disapproving the preliminary plat is necessary, the city council shall adopt its own
recommendations and approve or disapprove the preliminary plat.
As part of the final review, the city council may require or approve a minor modification
to the preliminary plat if:
(a) The change will not have the effect of increasing the residential density of the
plat;
(b) The change will not result in the relocation of any access point to an exterior
street from the plat;
(c) The change will not result in any loss of open space or buffering provided in the
plat; and
(d) The city determines that the change will not increase any adverse impacts or
undesirable effects of the project-and that the change does not significantly alter
the project.
EXH~ b
, PAGE- ~
, A ·
~A~
RESOLUTION NO.
.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING THE PENA
FINAL PLAT, FEDERAL WAY, WASHINGTON, FILE NO. 05-
106360-00-SU
WHEREAS, on May 19,2003, the Federal Way Hearing Examiner conducted a public hearing on the
preliminary plat application resulting in the June 3, 2003, Recommendation of the Federal Way Hearing
Examiner; and
WHEREAS, the Pena preliminary plat, City of Federal Way File No. OI-104415-00-SU, was approved
subject to conditions on July 1,2003, by Federal Way City Council Resolution No. 03-388; and
WHEREAS, the applicant submitted the application for Pena final plat within the required time of
receiving approval for the above-referenced preliminary plat; and
WHEREAS, the applicant has satisfied or guaranteed all of the conditions set forth in Resolution 03-
. 388; and
WHEREAS, the City of Federal Way's Department of Community Development Services and Public
Works Department staff have reviewed the proposed final plat for its conformance to the conditions of
preliminary plat approval and final plat decisional criteria, and their analysis and conclusions are set forth
in the January 30, 2006 Staff Report, which is hereby incorporated by reference as though set forth in full;
and
WHEREAS, there were no conditions resulting from the November 16, 2002, State Environmental
Policy Act Determination of Nonsignificance (DNS), as discussed in the January 30, 2006 Staff Report;
and
WHEREAS, the City Council Land Userrransportation Committee considered the application and
staffreport for the Pena final plat at its February 6,2006 meeting, and recommended approval by the full
City Council; and
. EXHIBIT e
PAGE I OF 3
RES # ,Page 1
WHEREAS, the City Council reviewed and considered the Staff Report and the application for Pena .
final plat during the Council's February 21,2006 meeting.
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS
FOLLOWS:
Section L Findings and Conclusions.
1. The Pena final plat, City of Federal Way File No. 05-106360~00-SU, is in substantial
conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other
land use controls in effect at the time the preliminary plat application was deemed complete.
2. Based on, inter alia, the analysis and conclusions in the Staff Report, which are adopted herein
by reference, and on the City Council's review of the application for final plat, the proposed subdivision
makes appropriate provision for public health, safety, and general welfare, and for such open spaces,
drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary
wastes, parks and recreation, playgrounds, and schools and school grounds as are required by City Code, .
or which are necessary and appropriate, and provides for sidewalks and other planning features to assure
safe walking conditions for students who walk to and from schooL
3. The public use and interest will be served by the final plat approval granted herein.
4. All conditions listed in the July 1, 2003, Federal Way Resolution No. 03-388 have been
satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as
allowed by Federal Way City Code Section 20-135.
5. All required improvements for final plat approval have been made and/or sufficient bond, cash
deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all
required plat improvements as identified in the January 30, 2006 Staff Report.
6. All taxes and assessments owing on the property being subdivided have been paid or will be
paid, prior to recording the final plat.
e .
EXHIBIT
RES # ~. , Page 2 PAGE Z. OF ~
. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section I
above, the Pena final plat, City of Federal Way File No. 05-106360-00-SU, is approved.
Section 3. Recording. The approved and signed final plat, together with all legal instruments
pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the
King County Department of Records. The applicant shall pay all recording fees.
Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this
resolution.
Section 5. Ratification. Any act consistent with the authority, and prior to the effective date, of the
resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effective irrunediately upon passage by the Federal
. Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS
DAY OF ,2006.
CITY OF FEDERAL WAY
Mayor, Michael Park
ATTEST:
--_..~~,,~~
City Clerk, Laura Hathaway, CMC
ApPROVED AS TO FORM:
-~
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
~J~'~__.
. PASSED BY THE CITY COUNCIL:
~.,~~~
RESOLUTION No: e
.~'~_n
EXHIBIT
RES # ~_, Page J
- PAGE 3 OF a
King County Property Tax Information Page I of2
g KING COUNTY HOME I NEWS I SERVICES I DIRECTORY I CONTACT
King County Ecommerce .
Property Tax Web: Real Property Account Information
Always at y.?ur s.ervke
Account/Parcel Summary
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Tax Account 1242103901904
Number :
Parcel Number 12421039019
Account Status ! This account is acti~e.
Tax Payer Nam~l CRESCENT CONSTRUCTION INC 540223
Mailing Address 12505 YALE AVE E #125
j SEATTLE WA 98102
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Amount Due 1 $ 492.83
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Payment Status 12006 tax amounts will be available Feb 15, 2006.
~ If applicable, prior year(s) taxes are delinquent.
Annual i
Statement j
Requested By j
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Statement ! Reauest Statement to be Mailed
Request j
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2006 Tax Information .
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Tax Amount: $ 0.00 Land Value: $ 76,000
Fees Improvement Value: $ 0
Total Billed: $ 0.00 Levy Code: 1205
Amount Paid: $ 0.00 Status: Taxable
Interest: $ 0.00
Penalty: $ 0.00
Amount Due: $ 0.00
2005 Tax Information
~~~~"__~7~~~~~,~~, ~------.........."
Tax Amount: $ 887.98 Land Value: $ 73,000
Fees Improvement Value: $ 0
Total Billed: $ 887.98 Levy Code: 1205
Amount Paid: $ 443.99 Status: Taxable
Interest: $13.32
.Penalty: $ 35.52
Amount Due: $ 492.83
2004 Tax Information EXHIBIT F .
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Tax Amount: $ 769.32 Land Value: $ 63.000
Fees Improvement Value: $ 0 PAGE~OF --1-
https://payments.metrokc.gov/metrokc.ecommerce.DronertvtaxwehIRe~ 1 Pro~rtv ~smc'?P~r 1/1 SV') O()h
MEETING DATE: February 21,2006 ITEM# 5Cfr
. CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: 2006 Planning Commission and Long Range Planning Work Program
----~--_.._-~._. _.____~_~___.__~~_"""'_..."'.....,..........~_.__~~.._._~..."'._._m..'..'_......"...,~...~,...,.."..._~~~~._~~.~~'~....."m..........'..........~y...u...~_.....,...~
CATEGORY: BUDGET IMPACT:
lXI CONSENT 0 ORDINANCE Amount Budgeted: $
0 RESOLUTION 0 PUBLIC HEARING Expenditure Amt.: $
0 CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $
.~.._..._.._......,"u.n~.."...__.....w..__'_Nn.n.....~'"..~~..~......._..._..~...~.....~..~....._...,~........",...................~,~._~...,_,~~_~,,,~~~...-- __.__"',........,,_.....~._~~~_~~____",.,...,_'~'....n.._......_ ___.~'_.....nn...n_"'_"'....n__......."
ATTACHMENTS: 1) February 14,2006, Memorandum to the City Council; 2) Exhibit A - January 25,2006, Memorandum to the
LUTC
_____________.~_._~_.__~__._,_.~_~..."'_....n."...........,.......~.~.~~__"",._._"'n"...n_.".~y~.._~~..~~____~~'..~_n....n___..._..~..~~___________._~~__
SUMMARY /BACKGROUND: At the beginning of each calendar year, the Planning Commission's work program for that year is
approved by the City Council. The 2006 Planning Commission and Long Range Planning Work Program was presented to the LUTC on
February 6, 2006.
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4fi:TY COUNCIL COMMITTEE RECOMMENDATION: The Lure <fucu=d the pwp"",d wmk pwgrnm during a public
ting on February 6, 2006, and recommended approval of the work program to the City Council as described in the February 14, 2006,
emorandum.
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PROPOSED MOTION: "I move approval ofthe LUTe's recommendation to approve the 2006 Planning Commission and Long
Range Planning Work Program."
- ~----~
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED COUNCIL BILL #
0 DENIED 1 ST READING
0 TABLED/DEFERRED/NO ACTION ENACTMENT READING
0 MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
1:\2006 Planning Commission Work Program\City Council\022106 Agenda Bill.DOC/02/l4/2oo6 II :37 AM
.
~
CITY OF ,~~~ .
Federal Way
MEMORANDUM
February 14, 2006
TO: Members of the City Council
VIA: Derek Matheson, Interim City Manag~
FROM: Kathy McClung, Community Development Services Director ~
Margaret H. Clark, AICP, Senior Planner J'y.AAr<-.
SUBJECT: 2006 Planning Commission and Long Range Planning Work Program
MEETING DATE: February 21,2006
I. BACKGROUND .
The 2006 Planning Commission and Long Range Planning Work Program was presented to the
LUTe on February 6,2006 (Exhibit A). At that meeting, the LUTC made a motion to recommend
approval to the City Council of the work program as described in Section II ofthis memorandum.
ll. LAND USEfI'RANSPORTATION COMMITTEE RECOMMENDATION ON THE 2006 PLANNING
COMMISSION AND l,ONG RANGE PLANNING WORK PROGRAM
The following work program is organized in three sections. Subsection A lists code amendments in
the order that they will be drafted. 'This order has been determined in part by whether they are
required by state law, based on Council policy, or whether any work has been started to date.
Subsection B lists the remainder of the work program, in no particular order. Amendments will be
drafted as time allows. Subsection C includes the reporting and monitoring work that staff completes
every year for the state and King County.
A. Prioritized Code Amendments
1. Annual Comprehensive Plan Amendments - Twelve site-specific requests will be presented
to the LUTC on March 6, 2006, for a recommendation to the City Council on which
requests shall be considered further.
2. Cottage Housing Regulations - The Planning Commission will hear the draft code .
amendments in June 2006.
. 3. Amendments to Federal Way City Code (FWCC) Section 20-179, "Retention of
Vegetation, " to determine the extent of a site that can be cleared for installation of
infrastructure and preparation of building lots.
4. Amendments to FWCC Chapter 22, Article XVIII, "Signs," in order to reduce the 200 foot
lineal separation requirement for offsite real-estate directional signs to less than 200 feet
when necessary in order to indicate a turn or change in direction of travel and to increase
the maximum allowable number of offsite real-estate signs per property per agent from six
to ten - The Planning Commission will hear the draft code amendments on February 15,
2006.
5. Amendments to FWCC Chapter 22 to allow zero-lot line development in multifamily zoning
districts - The City's planning consultant is in the process of preparing a draft code
amendment.
6. Amendments to FWCC Chapter 22 to allow single-family units on 2,400 lots in multifamily
zoning districts - The City's planning consultant is in the process of preparing a draft code
amendment
7. Allow increased building heights for certain uses in the Neighborhood Business (BN) and
Community Business (BC) zones and require buildings in the BN zone to be located
adjacent to rights~of-way.
. 8. Amendments to FWCC Chapter 22 to meet the requirements of RCW 36. 70A.450, related to
allowing a home occupation day care in a nonconfonning residential dwelling located in a
commercial zone.
B. Remainder of the Code Amendments
1. Traffic Impact Fee and Concurrency Management System - A draft code amendment has
been prepared and will be presented to the City Council in a study session, or presented
directly to the LUTC.
2. Amendments to FWCC Chapter 18, Article III to add flexibility in measuring the shoreline
stringline setback - This code amendment will be prepared in conjunction with the
Shoreline Master Program currently underway. Adoption is scheduled for July 2007.
3. Amendments to the FWCC to require applicants to hold traffic-related neighborhood
meetings, when necessary, to mitigate traffic impacts.
4. Amendments to FWCC Chapter 22 to require design standards and development
requirements for essential public facilities. This is an omission in the current code.
5. Amendments as result of the Planned Action SEPA, including increased building height and
other items identified in the downtown study.
. 6. Amendments to FWCC Chapter 22, Article XVIII, "Signs," to provide for off site signs for special
events.
City Council Memo February 14,2006
2006 Planning Commission and Long Range Work Program Page 2
.
7. Amendments to FWCC Section 22~ 1 006 to allow the Director of Community Development
Services the flexibility to detennine allowable hours of operation on a case-by-case basis.
8. Amendments to FWCC Chapter 22, Article IV, "Nonconformance," and Article XVI,
"Improvements, " pertaining to who is authorized to conduct an appraisal of property in
order to remove inconsistencies between these two sections.
9. Amendments to the official zoning map, if necessary, to comply with the Growth
Management Act (GMA) requirement for density no less than four dwelling units per net
acre.
10. Amendments to FWCC Chapter 22 to provide for a Conditional Use Process.
C. Annual Reporting and Monitoring
1. Annual Report to the Office of Financial Management (OFM) - The City is required to
provide building permit related information every April to OFM, which then produces city
population estimates as of April 1 of each year.
2. King County Benchmark Report - This is an annual data request made of all cities by King
County to fulfill requirements of the GMA.
3. Buildable Lands Report - The City is required to provide King County with single-family, .
multifamily, commercial, and industrial development information, as well as the number of
single-family lots platted (created) on a yearly basis. This process is intended to compare
anticipated growth against actual development over time to determine whether there is .
enough suitable land to accommodate expected growth for the 20 year planning period, and
whether urban densities are being achieved.
ExmBIT
Exhibit A January 25, 2006, Memorandum to the Land UsefTransportation Committee
1;\2006 Planning Commission Work Program\City Council\LUTC Rec to CC-doc .
City Council Memo February 14, 2006
2006 Planning Commission and Long Range Work Program Page 3
--....."..-.....-..
~ EXHIBIT A
PAGE-LOF _I.
. CITY OF ~
Federal Way
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: January 25,2006
To: Land UsefTransportation Committee ~
VIA: Derek Matheson, Interim City Manage
FROM: Kathy McClung, Director of Community Development Services ~
Margaret H. Clark, AICP, Senior Planner lY\A.t<--
SUBJECf: 2006 Planning Commission and Long Range Planning Work Program
MEETING DATE: February 6, 2006
-
A. REQUESTED ACTION
. Request that the Land Useffransportation Committee (LUTe) prioritize the 2006 Planning
Commission Work Program and forward a recommendation of approval to the City Council.
B. BACKGROUND
At the beginning of each calendar year, the Planning Commission's Work Program for that year is
approved by the City Council. The purpose of this memorandum is to assist the LUTC and City Council
in approving a work program. We have, therefore, provided you with the following information:
1. Table 1- Items completed in 2005.
2. Table II - Items to be Carried Over into 2006 and their status.
3. Table Ill- Potential New Work Items
4. Table IV - For background purposes only, we have included a list of the reporting and
monitoring that City staff completes for King County and the state on an annual basis.
c. INPUT FROM PLANNING COMMISSION
Staff presented the potential work program to the Planning Commission and requested their input at
their January 18, 2006, meeting. The Planning Commission recommended that the following item be
researched for possible inclusion in the work program:
A conditional use process to legalize nonconforming uses that may be compatible with the
. adjacent neighboring uses.
EXHIBIT --A
PAGE 2- OF "
.
D. 2005 PLANNING COMMISSION WORK PROGRAM - ITEMS COMPLETED IN 2005
Table I shows the amendments that were completed in 2005 and whether or not they are required by
state law.
TABLE I
Description Status Required by State Law
Amend FWCC Chapter 22, Article XVlll, Completed. Effective 4/28/05. No
"Signs, .. related to signs in areas annexed
to the City and allowing for a JO-year
amortization period.
Amend FWCC Chapter 22, Article XVlll, Completed.. Effective 4128/05. No
"Signs. .. to provide for commercial
advertising signs for athletic fields.
2004 Comprehensive Plan Update. This Completed.. Effective 6/16/05. RCW 36. 70A.130 requires
includes the Puget Center Partnership and that cities consider
Kitts Corner site-specific requests and amendments to their
amendments to Chapter 5, "Housing." comprehensive plan on an
annual basis.
Amend FWCC Chapter 22. Article XVlll, COmpleted. Effective 10/13/05. No .
"Signs. .. to include freeway commercial
signs.
Research allowable uses in the Completed. Effective 10/27/05. No
Neighborhood Business (BN) zone to meet
changing market conditions.
City Center and Neighborhood Business City Council approved the first reading No
Code Amendments. The key aspects of the of the Qrdinance on January 17, 2006_
proposed amendments include limiting new
single story construction, prohibiting
gambling activities and the sale of second-
hand merchandise, removing residential
density caps, increasing some base building
heights (including the base height of multi-
family in the City Center Core and City
Center Frame from 35 to 70 feet), updating
the height bonus program, modifying site
and building design standards, and allowing
100 percent replacement of improvements
that are damaged or destroyed by sudden
accidental cause. All amendments apply to
the City Center-Core and/or City Center-
Frame zones. The gambling prohibition
also applies to the Neighborhood Business .
zone.
2006 Planning Commission and Long Range Planning Work Program January 25,2006
Land Useffransportation Committee Staff Report Page 2
EXHIBIT A
. PAGE-3-0Fc.
E. 2005 PLANNING COMMISSION WORK PROGRAM -ITEMS TO BE CARRIED OVER INTO 2006
Table II shows the amendments that were started in 2005 but not yet completed, and whether or not
they are required by state law.
TABLE II
Description Status Required by State Law
2006 Development Regulations Update. A draft for the off-site real- RCW 36. 70A.130 requires that
These requests were received in 2004 and estate sign amendment has cities consider amendments to their
2005. On December 6, 2005, the City been prepared and will be development regulations from
Council gave staff direction to draft the heard by the Planning interested parties on an annual
following code amendments: Conunission on February basis.
15,2006. Planning
l. Reduce the 2oo-foot lineal consultant, Janet Shull, is
separation requirement for off-site drafting the zero-lot line
real-estate directional signs in order development amendment.
to indicate a turn or change in
direction 0 f travel. The other code amendments
2. Allow single-family units on 2,400 have not been started as yet.
lots in the multifamily (RM 2400)
zone.
J. Allow zero-lot line development in
. the multifamily (RM 2400) zone.
4. Allow increased building heights for
certain uses in the Neighborhood
Business (BN) and Community
Business (Be) zones.
5. Require buildings in the BN zone to
be located adjacent to rights-of-way.
6. Amend the regulations for the City.s
commercial zones to meet the
requirements ofRCW 36.70A.450,
related to a home occupation day
care in a residential dwelling.
-
2005 Comprehensive Plan Update. In The proposed amendments RCW 36. 70A.130 requires that
September 2004, the City received four will be presented to the cities consider amendments to their
site-specific requests for changes to the LUTC for the selection comprehensive plan on an annual
comprehensive plan designation and process in February 2006 basis.
zoning. Due to workload, staff has not and to the Council in March
initiated any work on these requests to 2006.2
date.'
, Staff is proposing to combine the site-specific requests received in September 2004 (2005 Comprehensive Plan Amendments)
with those received in September 2005 (2006 Comprehensive Plan Amendments)_ By combining the 2005 and 2006 site-specific
requests, we will be able to complete both updates in 2006 and be on schedule for the 2007 Comprehensive Plan Update
. (deadline for these requests is September 30,2006).
2 All requests for site~specific comp.-ehensive plan amendments and changes to the development regulations are subject to the
selection process.
2006 Planning Commission and Long Range Planning Work Program January 25, 2006
land Useffransportation Committee Staff Report Page 3
------
EXHIBIT A
PAGL.+-OF , .
Description Status Required by State Law
1006 Comprehensive Plan Update. In The proposed amendments RCW 36.70A.130 requires that
September 2005, eight additional site- will be presented to the cities consider amendments to their
specific requests were received. I LUTC for the selection comprehensive plan on an annual
process in February 2006 basis.
and to the Council in March
2006.2
Traffic Impact Fee and Concurrency A draft code amendment RCW 36.70A.070(6)(b) requires
Management System has been prepared and will jurisdictions to adopt an ordinance
be presented to the City for transportation concurrency.
Council in a study session,
or presented directly to the
LUTe.
Amend FWCC Chapter IS. Article III to This code amendment will A provision for a shoreline
add flexibility in measuring the shoreline be prepared in conjunction stringline setback itself is not
stringline setback. with the Shoreline Master required; however, the City must
Program currently amend its shoreline regulations to
underway. meet the new requirements of the
updated Shoreline Master
Program Adoption is scheduled
for July 2007.
Amend the FWCC to require applicants to Not started. The Public No
hold traffic-related neighborhood Works Department has .
meetings. when necessary. to mitigate stated that they will prepare
traffic impacts. this amendment in 2007 in
conjunction with traffic-
related amendments to the
comprehensive plan.
Adopt Lot/age Housing regulations. Draft has been prepared No
and workshop held with the
Planning Conunission.
F. POTENTIAL NEW WORK ITEMS FOR THE 2006 PLANNING COMMISSION WORK PROGRAM
Table III lists potential new code amendment<;. Some of these were previously presented to the
Council but were not chosen due to staff resources and other proposed amendments that were
determined to be of higher priority.
TABLE III
Description Initiated by Required by State Law
Amend FWCC Chapter 22 to require design Staff No
standards and development requirements for
essential public facilities. This is an omission in
the current code. .
"".
2006 Planning Commission and Long Range Planning Work Program January 25,2006
Land Useffransportation C'-OnurUUee Staff Report Page 4
EXHIBIT A
PAGE 5 OF,'
. Description Initiated by Required by State Law
Research changes to FWCC Section 20-/79. Staff No
"Retention of Vegetation, .. to determine the
extent 0/ a site that can be cleared for installation
afinfrastructure and preparation a/building lots.
Amendments as result of the Planned Action City Council No
SEPA, including increased building height and
other items identified in downtown study.
Amend FWCC Chapter 22. Article XVIII. City Conneil No
"Signs, .. to provide for off site signs for special
events.
Construction hours amendment. Amend FWCC Staff No
Section 22-1006, "Development Activities and
Heavy Equipment Operations," to allow the
Director of Community Development Services the
flexibility to determine allowable hours of
operation on a case-by-case basis.
Inconsistencies with appraisal requirements. Staff No
Remove inconsistencies between FWCC Chapter
22, Article IV, "Nonconfonnance," and Article
. XVI, "Improvements," pertaining to who is
authorized to conduct an appraisal of property.
Research compliance with the GMA of density Staff Recent Central Puget Sound Growth
lower than four dwelling units per net acre. Management Hearings Board (CPSGMHB)
decisions have adopted a "bright line" rule,
which requires comprehensive plans and
development regulations within Urban Growth
Areas (UGAs) to have densities no less than
four dwellings units per net acre.
Conditional Use Process Planning The Planning Connnission was concerned
Commission about the status of existing nonconforming uses
that may be compatible with the adjacent
neighboring uses and were interested in a
process that might legalize the use.
G. OTHER LONG RANGE PLANNING RESPONSlBlLlTlES
Table IV shows reporting or monitoring work that is required by King County or the State of
Washington to be done Qnan annual basis.
.
- -
2()Q6 Planning Commission and Long Range Planning Work Program January 25,2006
Land Uscffransportation Committee Staff Report Page 5
EXHIBIT A
PAGE " OF'
TABLE IV .
Description Status Required by State Law
ANNUAL REpORTS
OffICe of Financial This is an annual report provided to the State RCW 43.62.030 requires aFM to
Management Yearly Office of Financial Management (OFM). annually determine the population of
Population Estimate Report all cities and towns of the State of
Washington as of April I st.
King County Benchmark and This is an annual data request made of all cities RCW 36.70A.130 required
Annual Growth Information by King County to fulfill requirements of the Countywide Planning Policies
Report Growth Management Act (GMA). (CWPP's) to be adopted by King
County by July I, 1992. The CPP's
set up the Benchmark Program to
assess progress in meeting the CPP's.
Track and Inventory Under the Buildable Lands Program, six RCW 36.70A.215 requires evaluation
Buildable Lands counties, including King County, must ." of data collected under the Buildable
annually collect data On land capacity and " Lands Program
development activity from their cities and
unincorporated areas.
H. OPTIONS .
The LUTC and/or City Council may add additional work items to the 2006 Work Program. Once all
the items are on the list, the staff can work with the LUTC to prioritize the list, or come back to your
next meeting with a recommendation for prioritization.
I. STAFF RECOMMENDATION
Staff recommends approval of the 2006 Planning Commission Work Program as prioritized by the
Land Use/Transportation Committee.
J. COMMITTEE RECOMMENDA nON
Forward LUTC recommendation to the O:;L- J..\, 2006 City Council Consent Agenda.
anning Commission Work Pmgl'am\LUT0020606 Staff Report to LUTCJII3QI2006 1:14 PM .
2006 Planning Commission and Long Range Planning Work Program January 25,2006
Land Useffransportation Committee Staff Report Page 6
MEETING DATE: February 21, 2005 ITEM# ~tt.--
,~",""~~",,,,,,,,,,,,,,,,'''''''''''''''~'W_'~'_'_'___'''_ m.__.._~__....____'____'__'___'_______"____'__"_'__'__._._____._..____.."'~"."',.."....~~.~_..~___.__.__.....__,.", ..._._".".",...."",,,,, ."...., ...... ....._...~..__._.....__.~...".~'"'""..~.~_~..~
. CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: INDEPENDENT SALARY COMMISSION APPOINTMENTS
_.~~~",..~._-,,,,,.,,-~._.._.._---_.,.._-,~-,.~,..,.,.,,-,..,.--"---"~--"""'-~-"--"--"'--'-""'-"""'-~-'-'._"'"."'---,._.......,,,.........~.~..._----_._-_._~,,,...,~,.,',.................".,',..~. ".......~ ..._.__..._._-_..__...._--_.._.._....,~"......~...._-~----".,.......................~.~~~....
CATEGORY: BUDGET IMP ACT:
0 CONSENT D ORDINANCE Amount Budgeted: $0.00
0 RESOLUTION o PUBLIC HEARING Expenditure Amt.: $0.00
\ZJ CITY COUNCIL BUSINESS 0 OTHER Contingency Req'd: $0.00
~~~......~_~~~._~_._m.~~.___..__......._.__._........_.___._______._...._.__....________..___._.__._~_______..""..."""",..,'u.y__..~__.__._.~..,_,~".."'....".................."'..............._....._.._......_._...__....._.._........"..."..,.,...,~~___.___..~""........'~n...y.._.....
ATTACHMENTS: Candidate Information
~____.__._.m....._....._..._.._....... m..........."....... ........ ........__..._ ......,..."..........._..,.,.."_."".,.,,.""... ",.."'_"'.mm'...~'M.........~...~..___~_~""'''_.nN..''....',..~._..,__.._._._~_._._..........___...._...._......._....... . "" '" ................__.._.._._.._~".,,".."...........~~
SUMMARYIBACKGROUND: Ordinance No. 03-049 established the creation of an independent salary commission for
purposes of reviewing and establishing the compensation of the Mayor and Council members. In accordance with the city
code, the commission shall consist of five members appointed by the Mayor and approved by the City Council. Each
member shall serve a. term of four years, except for the first five commisioners who will serve staggered terms of one to
four years; also, the Mayor, with approval of the City Council, may appoint alternates to the commission. There is
.urrently a vacancy on the commission as a result of a resignation due to relocation. Alternate Ron Secreto is available
d willing to be appointed to fill the unexpired term ending February 28,2009. Secreto has served as an alternate on the
commission since 2003. In addition, current commissioner Frank Marshall's term expires February 28,2006. Marshall
has served on the commission since 2003 and was elected as Chair. He has requested reappointment to a four year term
expiring February 28, 2010. The Mayor recommends approval of these appointments.
~~~,.~..~.~"'r'ru'~'~..."',w,...'''''g'.m'....''''~.u.~....~...~.._~.~.....~.._.........~~.._..._._..._.._._.________..._______'___~"~~'_M_M~~''''''''''''''''''_'W''''YUUM~~'.~~.__.__ ......_.......,'''''',.""......~....d...._.......~._.~~_..~_~....n..M....._n.M_.~~
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
--..-..-.---.-.-..--.---.....-.....-- ............,.,..,....._,..,.,.,.,.....", ........ ...".,....._._. ............ ..............._....~_..__._._.____.__._...._.____.._.__.".~,~"'._...""'~..MM......~~~_..___......_ ,."..,.."''''""....... ........,.", .,....., ''',...".......,_..~.._...._...._._..____.._.~.____..,~m_.""..._...~.
PROPOSED MOTION: "I hereby move approval ofthe appointment of Ron Secreto to fill the the unexpired tenn
ending February 28, 2009, and reappointment of Frank Marshall to a four-year term expiring February 28,2010."
CI~ MANAGER APPROVAL:---~----- .............................................-.......-.-..........-....-- ......-.." ...""'.."',,,...
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED COUNCIL BILL #
0 DENIED 1 ST reading
0 TABLEDIDEFERRED/NO ACTION Enactment reading
. MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
RON SECRETa
Current Human Services Commissioner. .
27 years with Boeing in Human Resources Management, with emphasis in personnel,
compensation, corporate organization and foreign and domestic recruitment, also
timekeeping and payroll in the Finance Department.
Chaired Pacific NW Citizen Advocacy Panel re: IRS Customer Service, past Junior
Achievement Management Advisor and Board member; Instructor for Boeing Public
Affairs Office at Highline Community College.
Associate of Arts and Science degree from Tacoma Community College.
Knapp Business College and University of Washington course work.
FRANK MARSHALL
38-year resident of Federal Way.
30+-year career with Boeing; Research Engineer, Engineering Manager, Payroll
Administrator for the engineering payroll, Payroll Administrator for the teclmical payroll,
member of merger compensation team during merger with McDonnell Douglas and .
developed new common policies to be applied corporate-wide, principal architect of new
performance-based compensation process, company negotiator for two contract
negotiations.
BS, MS and PhO degrees in mechanical engineering from Cal Tech.
.
MEETING DATE: February 21,2006 ITEM# ~
CITY OF FEDERAL WAY
. City Council
AGENDA BILL
SUBJECT: Memorandum of Understanding with St. Francis acknowledging St. Francis' commitment to provide
healthcare to those who have no insurance or who are underinsured.
..__.__~._~..~__'~'~"'YM"''''''''''''''''''''''''''''_''''''''''''''"''~_''~___~~_~....~_.~"''''''''M'''''''''''''''''''''''''' ..""'..."......".'w,",....."'....~...,",........."",...,..,.,,..~....~..~..~~~..~~..~_~.~._.....~____. ~..__.__._-____..__.~._.~"..."."'M..U.......~,~___._~~.___~
CATEGORY: BUDGET IMPACT:
D CONSENT D ORDINANCE Amount Budgeted: $0.00
D RESOLUTION D PUBLIC HEARING Expenditure Amt.: $
[ZJ CITY COUNCIL BUSINESS o OTHER Contingency Req'd: $
~.m.._.~ .~..y........"..n""_~~.,~.________._._...______~..~___m.__._._~.__."...~_._._..".._..,""_......"n........".........~.......~.....~'~'~~_'_'_~~~"~'~'"
ATTACHMENTS: Proposed Memorandum of Understanding and Certification Form
,.~.....~".,~,...~.~-_._..~-- _______"~.~,_,...""...."..."'".."''''...'''_,....................,~'''"...u,,...,''."..._~..._.....___~____..._..~~~r._.w_""WW_w.w__""..~_..._._.
SUMMARYIBACKGROUND:
In. mid-January, St. Francis Hospital contacted the City to request our participation in an Agreement in which St. Francis
would agree to continue its commitment to provide health care services to low income individ~als at St. Francis' cost.
The City would accept St. Francis' commitment on behalf of its citizens. This proposed agreement would fulfill an
eligibility requirement for St. Francis' participation in the 340B Program. The 340B Program is a federal drug-pricing
program and requires drug manufacturers to provide outpatient drugs to certain hospitals at a reduced price as outlined
in federal statute (42 U.s.c. 340B). To participate, a hospital must meet certain criteria contained in the statute. Once
the criteria are met, the hospital will be eligible to acquire prescription drugs at the reduced price. Among other
.equ.irements, St. Francis must have an agreement with a local agency in which St. Francis agrees to provide health care
ervicesto low income individuals who are not entitled to benefits under other federal or state programs. Currently, St.
Francis does not have such an agreement with any local agency and would like to enter into one with the City.
Staff has worked with St. Francis' staff, andthe attached Memorandum ofVnderstanding has been created to serve both
St. Francis' needs, as well as the needs of Federal Way citizens. If Council agrees to authorize the City Manager to sign
the MOV, St. Francis will also need the attached Certification by Appropriate State or Local Government Official
signed and sent to the Office of Pharmacy Affairs.
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
.....__~__.___.~.~___._..~_.,,_..___.__.___._______.~._~.........~...~"... ... ..., ......,... ,."..."......'.....m.....~~.~......_..~....m~.__._..__.__.__.__._.._._ ......_,.....__,.._......,.._...."..".""'....."""..."...,......,...,.....,~..,..,"'".....,"",.....,""",..,...~"...".....~....~.~.~_~,......._..~__._____
PROPOSED MOTION: "I move to authorize the City Manager to sign the proposed MOU with St. Francis and the
Certification Form."<","<
-~~~-~~~~~~;~;;;~~~;"""'''''-(~------'---'''''''''''''''''''''.,------------------------------------------------------"-,,,-,
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED COUNCIL BILL #
0 DENIED 1 ST reading
0 T ABLEDJDEFERRED/NO ACTION Enactment reading
. MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
K:\Agenda Item\Council\2006\St. FrancisMOU 022106.doc
MEMORANDUM OF UNDERSTANDING .
BETWEEN
ST. FRANCIS HOSPITAL
AND
THE CITY OF FEDERAL WAY, WASHINGTON
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made this _ day of
February, 2006 by and between the undersigned representatives ofthe City of Federal Way, a
Washington Municipal Corporation, and S1. Francis Hospital, 34515 9th Avenue South, Federal
Way, Washington.
RECITALS:
WHEREAS, S1. Francis Hospital is a Washington not-for-profit hospital that provides a
disproportionate share of health care services to the Medicare population in addition to supporting
many programs that benefit the indigent, uninsured or underinsured population in the State of
Washington;
WHEREAS, St. Francis Hospital desires to participate in the drug discount program established
under Section 340B of the Public Health Services Act (the "340B Program");
WHEREAS, in order to participate in the 340B Program, S1. Francis Hospital must enter into an .
agreement with a unit of state or local government pursuant to which S1. Francis Hospital
commits to provide health care services to low income individuals who are not entitled to
Medicare or Medicaid benefits at no reimbursement or considerably less than full reimbursement
from these patients;
WHEREAS, the City of Federal Way and S1. Francis Hospital agree that it is in the best interest
of Federal Way citizens ifS1. Francis Hospital continues to provide healthcare services to the
Medicare population, the indigent, the uninsured and the underinsured; and
WHEREAS, S1. Francis Hospital is willing to make a formal commitment to the City of Federal
Way and its citizens that it will continue to provide these healthcare services;
NOW, THEREFORE, in consideration of the mutual agreements and covenants contained
herein and for other good and valuable consideration, the receipt and sufficiency of which hereby
are acknowledged, it is mutually agreed and covenanted, by and between the parties to this
Agreement, as follows:
1. Commitment of St. Francis Hospital to Provide Indigent Care. Until this MOD is
terminated pursuant to Section 4 below, the City of Federal Way and S1. Francis Hospital
agree that St.Francis Hospital will continue its historic commitment to the provision of
health care to indigent, uninsured and underinsured residents in the City of Federal Way. In
2005, this commitment totaled approximately $10 million in lost charges. Pursuant to this
commitment, S1. Francis Hospital anticipates that indigent care provided during the term of .
. this MOD will range approximately between $10 million and $15 million. In any event, St.
Francis Hospital assures that all patients will receive necessary care, as required by law,
regardless of ability to pay.
2. Acceptance and Acknowledgement of City of Federal Way. The City of Federal Way
accepts the commitment of St. Francis Hospital set forth in Section 1 above and
acknowledges that the healthcare services provided by St. Francis Hospital hereunder are in
the public interest.
3. Representations of St. Francis Hospital. St. Francis Hospital represents that as of the date
of this MOD:
(a) St. Francis Hospital constitutes a corporation duly organized and validly existing in good
standing under the laws of the State of Washington with the corporate power and
authority to enter into and perform its obligations under this MOD;
(b) St. Francis Hospital is a tax-exempt corporation under Section 501(c)(3) of the Internal
Revenue Code of the United States, as amended and under applicable laws of the State of
Washington;
(c) St. Francis Hospital is providing the healthcare services hereunder at no reimbursement
or considerably less than full reimbursement from the patients; and
(d) The healthcare services St. Francis Hospital provides hereunder are being provided to
individuals who are not entitled to benefits under Title XVIII or eligible for assistance
under any State plan pursuant to Title XIX of the Social Security Act.
. 4. Term and Termination. The term of this MOD shall commence on the date written above
and shall continue until terminated by either party upon not less than sixty (60) days prior
written notice to the other. St. Francis Hospital agrees to notify the City of Federal Way
immediately if it ceases to provide the healthcare services committed to under this MOD.
This MOD will terminate immediately if St. Francis Hospital ceases to provide the healthcare
services committed to under this MOD. The City of Federal Way and St. Francis Hospital
reserve the right to immediately terminate this MOD if 81. Francis Hospital ceases to be
eligible for the 340B Program.
5. Notice. All notices required or permitted to be given under this MOD shall be deemed given
when delivered by hand or sent by registered or certified mail, return receipt requested,
addressed as follows:
Send to: City of Federal Way
Attention: City Manager
P.O. Box 9718
Federal Way, WA 98063-9718
Send to: 8t. Francis Hospital
Attention: Mike Fitzgerald, Chief Financial Officer
34515 9th A venue South
. Federal Way, WA 98003-6799
6. Indemnification. St. Francis Hospital shall indemnify and hold harmless the City of Federal .
Way and its officers, boards, commissions, employees, agents, attorneys, and contractors
from and against any and aU liability, damages, and claims, (including, without limitation,
reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be
asserted by reason of any act or omission of St. Francis Hospital, its employees, agents, or
contractors, which may be in any way connected with the commitments or representations
made by St. Francis Hospital in this MOD, which may be connected in any way to St. Francis
Hospital's participation in the 340B Program, or which may arise out of this MOU.
The City of Federal Way shall indemnify and hold hannless St. Francis Hospital and its
officers, boards, commissions, employees, agents, attorneys, and contractors from and
against any and all liability, damages, and claims, (including, without limitation, reasonable
fees and expenses of attorneys, expe~ witnesses and consultants), which may be asserted by
reason of any act or omission of the City of Federal Way, its employees, agents, or
contractors, which may arise out ofthis MOU.
7. Governing Law. This MOU shall be governed by and construed in accordance with the
laws of the State of Washington (excepting any conflict of laws provisions which would
serve to defeat application of Washington substantive law).
IN WITNESS WHEREOF, St. Francis Hospital and the City of Federal Way have executed
this Agreement as of the day and year first written above by their duly authorized .
representatives.
CITY OF FEDERAL WAY
By:
Interim City Manager, Derek Matheson
33325 8th Ave S
P.O. Box 9718
Federal Way, WA 98063-9718
APPROVED AS TO FORM: ATTEST:
City Attorney, Patricia A Richardson City Clerk, Laura Hathaway, CMC
.
. ST. FRANCIS HOSPITAL
By:
Mike Fitzgerald, Chief Financial Officer
34515 9th A venue South
Federal Way, W A 98003-6799
(253) 552-4105
STATE OF WASHINGTON)
) ss.
COUNTY OF )
On this day personally appeared before me Mike Fitzgerald, to me known to be the Chief
Financial Officer of St. Francis, Hospital that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that he/she 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 . ,2006.
. (typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
. K:lagreementIMOU\St. Francis 340B Program -Final
Department of Health and Human Services
Health Resources and Services Administration
HealthCare Systems Bureau .
Certification By ApproQriate Stat~_J)J:_Loc~J~overnment Official That
_____________ St. Francis Hospital__________
(a Private Non.Profit Hospital) Is Under Contract To Provide Health Care Services
To Low Income Individuals
In order to meet the eliaibilitv reauirements for a private non-profit disproportionate share
hospital to buy discounted outpatient druas under Section 3408 of the Public Health Service
Act. this certification must be filled out and returned to the Office of Pharmacy Affairs.
~~t. Francis Hospital 34515 9th Avenue South
Disproportionate Share Hospital
Federal Way, WA 98003-6799
City, State, Zip ','ii .,.lr....'~..
- ,'" \" \ ,j \'
_ "''''' ':-;, "- · it- ,
Mike Fitzgerald ~~~> ''\} ':.:/ f Financial Officer
,-,,,,,:' en
--,-.......,,---~- --
Contact ~. T
~~
'..
(253) 552-4105 AiXt
-----------~ ------- ------
Phone Number :J
,of~~
Pursuant to the requireme'~Jof section 34 blic Health Service Act (42 U.S.C. 256b), I .
certify that Contract No. '~,. e or local government entity) and
____~~~ Francis Hospiti81, , a Disproportionate
Share,Hospital, is currently vafi4:~d requires named private non-profit hospital provide
health care services to low inCOnilt~~duals not entitled to benefits under Title XVIII
of the Social Security Act or eligible 'to '~Ms~ nder the State plan of Title XIX under this
Act In addition. I certify that when this contract is no longer valid, I will provide appropriate
notice to the Office of Pharmacy Affairs.
Signature of State or Local Government Official in Supervisory Capacity
Derek Matheson Date:
-- -----~-~-------~
Name
Interim Ci~_~a~~er for the City of Federal Way
Title and Unit of Government
PO Box 9718 Federa~.Wa~WA-2~~E)-9718___________________________
Address
_~21L~]5-240.l_Ext.____ -~----~-----
Phone Number e-Mail Address
A signed, original form must be submitted to: Office of Pharmacy Affairs, 5600 Fishers Lane, Mail Stop .
10C-03, Rockville, Maryland 20857
Form revised 02/0112006
MEETING DATE: February 21, 2006 ITEM# -.:Ie<-
.-.__._---_..~_."...._........_-----_._.__._--"".................."............-..--.-----.-".- ........."'''''.'''.--....-.---..".'''''.------.-"."..'''......--...-----...... .........-....----.- .."''''-.....--..----..-......".......-.....-.--.-..-'''....-.-.--....""....--."...".-.....,,-..-....-
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Proposed Ordinance to Criminalize Drug-Related Loitering, Nonfelony Counterfeiting, Nonfelony
Vehicular Assault and Hit and Run, Pedestrian.
"..N.....~.~...:...~..M_M..~_~-----.-.--.-."__.n.....M..Y.~~___.._~...........~..n~~.'n..g...'.......y.~____-----.--.--...._..,...........~....___.._.....''''MY'~_.__,~.."."..,..,..~~._._..___'"',.,..,....._._____,..",....,...~.~~.~"..,.,......~..n..~~~_~...H......_~_
CATEGORY: BUDGET IMP ACT:
0 CONSENT ~ ORDINANCE Amount Budgeted: $
0 RESOLUTION D PUBLIC HEARING Expenditure Amt.: $
0 CITY COUNCIL BUSINESS o OTHER Contingency Req'd: $
.~~._~~.............~.~~,,_. "....._'mM~~..~._ '..".."n...........~~__'..."n".M__~"..'~...~~~__...,_.,"'_..,....,._~_~."...,........~__._....'~.m..~___.._..~~.......~.._..........u~~..ft
ATTACHMENTS: Memorandum dated February 13,2006, to the Parks, Recreation and Public Safety Committee;
and Proposed Ordinance.
---.-.....-...~...."~~...,...~........ __._........~_~,........,....u.."...y....~~_~~.~....".......~..~~"..n.~~_~'_"....u......___~'~..."M~U~______.~~..".........~~_._,.,...~.~~~_~~~..M._~~."
SUMMARY/BACKGROUND: Recently, the Federal Way Police Department has conducted lengthy
investigations into crimes that ultimately did not meet felony guidelines and did not have misdemeanor counterparts.
For these reasons, the crimes could not be prosecuted.
_ther municipalities around the area have drafted or adopted similar ordinances to address this issue to promote the
fety of persons and property. The adoption of this amendment would facilitate law enforcement and protect the
citizens of Federal Way.
_~.",..__"""M'" .~_.~...n_M"'~~W'W...,~,...............~~.__..~......."..""n~'MM"'M~.,W'.......~~~__~........u~.____~.._..'M.M..~_.__.,"",.......~.___n.._~'--------.-...n...'~...............~_.._~
CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 13,2006 meeting, the Park, Recreation
& Public Safety Committee forwarded the following recommendation: Move the ordinance for first reading to the
February 21, 2006, regular City Conncil meeting.
....n...n~'...'.'~.m~..__~~.""...M~.~___~...~~......n~..~..._m__~_,~",,,,,",,,,_,'.~~__~mv.,,...."~"~_~"""""'''___'__'_''''''"''''...~u~__m..""'~__u._.__....."".."..._.~_,_.."".......~~"~_,__
PROPOSED MOTION: "I move the proposed Ordinance to second reading and approval at the next regular
meeting on March 7, 2006."
-------------~-W-......---..-- ~----
CITY MANAGER APPROVAL: .~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED COUNCIL BILL # 3q8
0 DENIED 1 ST reading
. T ABLEDJDEFERRED/NO ACTION Enactment reading
MOVED TO SECOND READING (ordinances only) ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
K:\ Agenda Item\Council\2006\Crimlaw Update 06first.doc
5.L
CITY OF FEDERAL WAY .
MEMORANDUM
DATE: February 13, 2006
TO: Parks, Recreation and Public Safety Committee
VIA: Derek Matheson, futerim City Manager 0--
FROM: Patricia A. Richardson, City Attorney .f~
SUBJECT: Proposed Ordinance to Criminalize Drug-Related Loitering, Nonfelony
Counterfeiting, Nonfelony Vehicular Assault and Hit and Run, Pedestrian.
Policy Issues:
l. Should the Federal Way City Code, Chapter 6, Articles IV and vn, be amended to
add two new sections, criminalize drug-related loitering and nonfelony
counterfeiting?
2. Should Article X be added to Chapter 15 ofthe Federal Way City Code, to add a .
new section, criminalize nonfelony vehicular assault and hit and run, pedestrian?
Back2round:
Recently, the Federal Way Police Department has conducted lengthy investigations into
crimes that ultimately did not meet felony guidelines and did not have misdemeanor
counterparts. For these reasons, the crimes could not be prosecuted.
Other municipalities around the area have drafted or adopted similar ordinances to
address this issue to promote the safety of persons and property. The adoption of this
amendment would facilitate law enforcement and protect the citizens of Federal Way.
Options:
Option One.
Recommend approval ofthe proposed Ordinance and fOlWard to full Council for first reading
at the February 21,2006 City Council meeting.
Option Two.
Suggest modifications to the proposed Ordinance and provide direction to staff. .
&1
. Ootion Three.
Reject the proposed Ordinance.
Staff Recommendation:
Recommend approval of the proposed Ordinance and forward to full Council for the first
reading at the February 21,2006 meeting.
Committee Recommendation: ,~
Forward option l. to the full City Council for approval at the February 21,2006 City
Council meeting.
II APPROVAL OF COMMITTEE AC'!WN: II
~~L-
Committee Member Committee Member
. K:\agndaitem\prps\2006\Criminal update 06frrst.doc
.
&-2-
ORDINANCE NO.
.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FEDERAL WAY, W ASIllNGTON,AMENDING
CHAPTER 6, ARTICLES IV AND VII OF THE
CRIMINAL CODE AND ADDING ARTICLE X TO
CHAPTER 15 OF THE TRAFFIC CODE OF THE CITY
OF FEDERAL WAY.
WHEREAS, among the responsibilities imposed on the City of Federal Way are those
involving enforcement of ordinances proscribing violations of criminal laws adopted as a part of
the Federal Way City Code; and,
WHEREAS, the provisions of the Federal Way City Code include identification of
certain criminal violations in its criminal code designed to provide for public safety withinthe
City and to meet specific needs of the City; and, .
WHEREAS, to better meet the needs of the City, and to address specific areas of
criminal conduct regulation, it is appropriate to add provisions which adopt the crime of
Counterfeiting, make Drug-Related Loitering a crime, and specifically provide for Non-Felony
Vehicular Assault and Hit and Run Pedestrian; and
WHEREAS, the Federal Way City Council finds that it is in the best interest of its
citizens to update the City Criminal Code and the Traffic and Vehicle Chapter of the City Code
to ensure more consistent and effective enforcement and prosecution of criminal activity within
the City,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITYOF FEDERAL WAY,
ORD# , PAGE 1 .
C--3
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
. SECTION I. A new section is added to Chapter 6, Article IV of the Federal Way
City Code to read as follows:
6.91 Dru2.Related Loiterin2.
(a) It is unlawful for any person to loiterin or near any thoroughfare. place open to the
public. or near any public or private place in a manner and under circumstances manifesting the
intent to engage in drug-related activity contrary to any of the provisions of Chapters 69.41.
69.50. or 69.52 RCW.
(b) Among circumstances which may be considered to determine whether such intent is
manifested are:
(1) Such l'erson is known to use. possess. or sell illegal drugs. For purposes of
this chapter. a "person known to use. possess. or sell illegal drugs" is a person who has
. been convicted in any court within this state of any violation involving the use.
possession or sale of any of the substances referred to in Chapters 69.41.69.50. and
69.52 RCW. or substantially similar laws of any political subdivision of this state or of
any other state: or a person who displays physical characteristics of drug intoxication or
usage. such as "needle tracks": or a person who possesses drug paraphernalia as defined
in FWCC 6-88:
(2) Such person behaves in such a manner as to raise a reasonable suspicion that
he or she is about to engage in or is engaged in an unlawful drug-related activity.
including but not limited to acting as a "lookout":
(3) Such person is physically identified by the officer as a member of a "gang"
. ORD# , PAGE 2
L-L-f
or association which has as its purpose illel!al drul! activity~
(4) Such person transfers small obiects or packal!es for currency in a furtive .
fashion~
( 5) Such person takes flililit upon the appearance of a police officer~
(6) Such person manifestly endeavors to conceal him or herself or any obiect
which reasonably could be involved in an unlawful drul!-related activity~
(7) The area or premises involved is known by law enforcement to be an area of
unlawful drug use and trafficking. known either by public reputation or by reports to law
enforcement of suspected drug activity pursuant to Chapter 69.52 RCW:
(8) Any vehicle involved is rel!istered to a nerson known to use. possess or sell
illel!al drugs. or a person for whom there is an outstanding warrant for a crime involving
drug-related activity. .
( c) Any person who violates the provisions of this section is guilty of a misdemeanor
and. upon conviction. shall be imprisoned for up to ninety (90) days and be subiect to a fine for
not more than $1.000.00.
&-9-l- 6-92-6-110 Reserved.
SECTION 2. A new section is added to Chapter 6, Article VII of the Federal
Way City Code to read as follows:
6-164 Brand and marks. crimes relatine: to.
The following state statutes. including all future amendments. additions or deletions. are
adopted by reference:
(1) RCW 9.16.005. Definitions.
(2) RCW 9.16.030. Counterfeit mark-- Intellectual property.
ORD# , PAGE 3 .
C.-5
(3) RCW 9.16.035. Counterfeitin(!-- Penalties.
. 6-+S4 6-155--6-185 Reserved.
SECTION 3. A new article is added to Chapter 15, Traffic and Vehicles, of the Federal
Way City Code to read as follows:
Article X- Vehicle crimes a2ainst persons
15-260 Vehicular Assault. nonfelonv.
(l) A person is ~ilty of vehicular assault. nonfelony.. when he or she (l) knowingly
operates or knowingly is in actual physical control of a vehicle: and (2) while doing so
commits any act defmed as an infraction under Chapter 15. FWCC or TitleA6 RCW:and (3)
such conduct is a proximate cause of death. great bodily harm or substantial bodily harm to
another. As used in this section. "great bodily harm" and substantial bodily harm" have the
same meanings as in RCW 9A.04.11O and ''vehicle'' has the same meaning as in RCW
46.04.670. as those statutes now exist or may hereafter be amended. This section is intended
to protect the public welfare. No mens rea element that is not specifically stated in this
. section shall be inferred or required. Prosecution or punishment under this section shall not
preclude separate prosecution or plUlishment for any other crime. '
(2) Any person who violates the provisions of this section is guilty ofa grOSS
misdemeanor and. upon conviction. shall be imprisoned for up to one (l) year and be subiect
to fines of no more than $5.000.00.
15-261 Hit and Run. Pedestrian.
(l) The driver of any vehicle involved in an accident with a pedestrian. whether or
not apparent iniury occurs. shall immediately stop such vehicle at the scene of such accident
or as close thereto as possible but shall then immediately return to. and in every event
remain at. the scene of such accident until he or she has fulfilled the requirements of
subsection (2) of this section: every such stop shall be made without obstructing traffic more
than is necessary. For the purpose of this section. "pedestrian" shall be defined as "any
person who is afoot or who is using a wheelchair. a power wheelchair. or a means of
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conveyance propelled by human power other than a bicycle" as defined under RCW
46.04.400. .
(2) Unless otherwise provided in subsections (3) or (4) of this section. the driver of
any vehicle involved in an accident with a pedestrian shall give his or her name.. address.
insurance company. insurance policy numer. and vehicle license number and shall exhibit
his or her vehicle driver's license to any person struck or iniured and shall render to any
person iniured in such accident reasonable assistance. including the carrving: or the making
of arrangements for the carrying of such person to a physician or hopsital for medical
treatment if it is apparent that such treatment is necessary or if such carrying is reauested by
the iniured person or on his or her behalf. Under no circumstances shall the rendering of
assistance or other compliance with the provisions of this subsection be evidence of the
liability of any driver for such accident.
(3) Ifnone of the persons specified are in condition to receive the information to
which they otherwise would be entitled under subsection (2). and no police officer is
present. the driver of any vehicle involved in such accident. after fulfilling all other .
reauirements of subsections (1) and (2) of this section insofar as possible. shall immediately
report such accident to the nearest office of the duly authorized police authority and submit
thereto the information specified in subsection (2) of this section.
(4) This section shall not apply to any person iniured or incapacitated by such
accident to the extent of being physically incapable of complying with this section.
(5) Any person who violates the provisions of this section is guilty of a grOSS
misdemeanor and. upon conviction. shall be imprisoned for UP to one ( 1 ) year and be subiect
to fines of no more than $5.000.00.
SECTION 4. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to other
ORD# , PAGE 5 .
c.....l
persons or circumstances.
. SECTION 5. Ratification. Any and all acts consistent with the authority and prior to the
effective date of this ordinance are hereby ratified and affirmed.
. SECTION 6. Effective Date. This ordinance shall take effect and bl:: in force five days
from its passage. approval and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this _ day of .
2006.
CITY OF FEDERAL WAY
MAYOR, MICHAEL PARK
ATTEST:
. CITY CLERK. LAURA HATHA WAY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
K:\ORDIN\2006\Criminal update 06first.doc
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