Council PKT 12-19-2006
A Federal Way
City Council Meeting
AGENDA
COUNCILMEMBERS
Mike Park, Mayor
Jeanne Burbidge Jim Ferrell
Jack Dovey Linda Kochmar
Eric Faison Dean McColgan
CITY MANAGER
Neal Beets, C~ty Manager
OFFICE OF THE CITY CLERK
December 19, 2006-Regular Meeting
AGENDA
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
December 19,2006 - 7:00 PM
(www.cityoffederalway.com)
*****
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. Proclamation: Honoring Court Commissioner T. Anthony Platter
b. Puget Sound Energy Grant Presentation
c. City Manager - Introduction of New Employees
d. City Manager - Emerging Issues
4. CITIZEN COMMENT
PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may
address City Council at this time. When recognized by the Mayor, please come forward to the podium and state your name
for the record. PLEASE LIMIT YOUR REMARKS TO THREE MINUTES. The Mayor may interrupt citizen comments
that continue too long, relate negatively to other individuals, or are otherwise inappropriate.
5. CONSENT AGENDA
Items listed below have been previously reviewed by a Council Committee of three members and brought
before full Council for approval; all items are enacted by one motion. Individual items may be removed by a
Councilmember for separate discussion and subsequent motion.
a. Minutes: Approval of the December 5, 2006 Speqial and Regular Meeting Minutes
b. Enactment Ordinance: Council Bill 421- City Center Core Height Limit Code Amendment
c. Enactment Ordinance: Council Bill 422 - 2006 Year-end Budget Adjustments
d. Enactment Ordinance: Council Bill 423 - 2007 SWM Fees
e. Enactment Ordinance: Council Bill 424 - Admissions Tax Repeal
f. Enactment Ordinance: Council Bill 425 - Financing Options for the Acquisition ofthe AMC
Theater Site
g. 2007 Legislative Agenda
h. Resolution: Setting Public Hearing Date for January 16, 2006 for 35th Avenue South Street
Vacation .
6. COUNCIL BUSINESS
a. Arts Commission Appointments
b. ConsiderationlDirection for Campus Estates Divisions 1,3, & 5 Street Vacation Request
7. INTRODUCTION ORDINANCES
a. Council Bill #426 - Amendments to Federal Way City Code Chapter 22. Article 1.
"Definitions"; Article XI "District Ree:ulations" (Sine:le Family Residential rRSl and
Multifamily Residential rRMl Zonine: Charts); and Article XIII. "Supplementary
District Ree:ulations."
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER 22 ("ZONING") OF THE FEDERAL WAY
CITY CODE (FWCC) RELATING TO DEFINITIONS FOR "FLAG LOT," "LOT AREA,"
"PANHANDLE LOT," "PRIMARY VEHICULAR ACCESS," AND "PROPERTY LINE";
AMENDING SECTIONS 22-631, 22-648, 22-666, AND 22-667 TO CLARIFY SIDE
YARD SETBACKS FOR CORNER LOTS AND EXCEPTIONS TO LOT COVERAGE
CALCULATION; AND AMENDING SECTION 22-955 TO CLARIFY LOT COVERAGE
CALCULATIONS FOR FLAG LOTS (AMENDING ORDINANCE NO'S 90-43, 90-51,
91-87,91-92,91-100,91-105,91-113, 93-PO, 94-223, 95-245, 96-269, 96-270, 97-291,
97-295,97-296,97-300,97-307,98-309,99-333, 99-337, 99-348, 99-353, 99-357, 00-363,
01-381,01-385,02-424,03-443,04-457,04-468, 05-506, 06-515.)
8. CITY COUNCIL REPORTS
9. CITY MANAGER REPORT
10. EXECUTIVE SESSION
a. Potential Litigation Pursuant to RCW 42.30.110(1 )(i)
11. ADJOURNMENT
** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA **
THE COMPLETE AGENDA PACKET IS A V AlLABLE FOR REVIEW AT CITY HALL AND ALSO ON THE CITY'S WEBSITE
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COUNCIL MEETING DATE: December 19,2006
ITEM #: 3-b
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: COMMUNITY CENTER: ACCEPT PSE GRANT
POLICY QUESTION: Should the City accept a grant from Puget Sound Energy for Providing electricity and gas
conservation measures in the new Community Center building?
COMMITTEE:
MEETING DATE:
CATEGORY:
D Consent
D City Council Business
STAFF REpORT By: B Sanders
D
X
D Ordinance
D Resolution
Public Hearing
Other - Presentation
DEPT: Parks, Recreation & Cultural
Services
Puget Sound Energy (PSE) offers grants for electricity and gas conservation measures installed at facilities that
receive service from PSE. Barker Rinker Seacat Architecture teamed with The Weidt Group of Minnesota to
model and design the building to increase energy savings over a standard design. It is anticipated that the
building will have 25 - 33% energy savings over a project designed to the Washington State Energy Code, which
is already one of the strongest codes in the country. Based on the energy savings that will result from this work,
PSE has offered a grant of $55,440 to the City.
Attachments:
1. PSE Conservation Grant
Options Considered:
1. Accept Grant and authorize City Manager to sign a Conservation Grant Agreement with PSE.
2. Do not authorize City Manager to sign a Conservation Grant Agreement with PSE.
STAFF RECOMMENDATION: Staff recommends that the grant be accepted and that the agreement with PSE be
signed by the City Manager .
CITY MANAGER ApPROVAL:
M-
-@- DIRECTOR ApPROVAL:
COMMITTEE RECOMMENDATION: N/A. Council action on Community Center has been by Council Committee
of the whole.
COWlCiJ
Committee
Committee
Committee Member
Committee Chair
Committee Member
PROPOSED COUNCIL MOTION: "I move to accept the PSE Grant and authorize the City Manager to sign. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLED/DEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
. PUGET
SOUND
ENERGY
Conservation Grant
Agreement No. C-
Project No. 074-_
.0
AGREEMENT made this day of , 20
SOUND ENERGY and City of Federal Way ("Participant").
RECITALS
A. Under Puget Sound Energy's Electric Schedule 83 and Gas Schedules 205 and 251, as currently in effect
and on file with the Washington Utilities and Transportation Commission, Puget Sound Energy offers
grants for electricity and natural gas conservation measures installed at facilities that receive electric or
natural gas service from Puget Sound Energy.
, by and between PUGET
B. Participant intends to install conservation measures and is requesting a grant from Puget Sound Energy
under its filed Electric Schedule 83 and/or Gas Schedule 205 and 251 tariffs.
AGREEMENTS
Puget Sound Energy and Participantf agree as follows:
1. Premises. Participant will install the conservation measures described in paragraph 2 (<<Conservation
Measures") at the facilities located at 33190 9th Ave. S., Federal Way. W A 98003 (the "Premises").
Participant represents either (a) that it is the owner or contract purchaser or otherwise has the lawful
authority to make the statements herein on behalf of the owner or contract purchaser of the Premises, or (b)
that it is the lawful tenant of the Premises and that it has obtained written authorization from the owner or
contract purchaser of the Premises.
2. Conservation Measures. Participant represents that it has contracted or will contract with a contractor or
contractors (the "Contractor") for the purchase and installation at the Premises of the following
Conservation Measures at the following costs:
.
Total Cost of Eligible
Conservation Measure Conservation Conservation
Measures Life Measures Grant
'>
1. Whole Building, electric 20;1 ' $0 $27,720
2. Whole Building, gas 20 $0 $27,720
TOTAL (includes sales tax) $0 $55,440
Participant represents that the total cost of the Conservation Measures, as identified above, is the full
amount of its obligation, after adjustment for any discounts, credits or non-PSE incentives offered.
3. Grant. Subject to Puget Sound Energy acceptance, Puget Sound Energy will grant the Participant, after
installation of the Conservation Measures, an amount equal to the Eligible Electric Schedule 83 and Gas
Schedule 205 and 251 Conservation Grant (the "Grant") as identified above, providing, however, that such
Conservation Measures must be installed and Grant paid within 12 months of the signing of this
Conservation Grant Agreement. If for any reason the cost of the Conservation Measures is actually less than
shown above, Puget Sound Energy may decrease prorata the amount of the Grant. Participant shall be
responsible for paying any amount in excess of the amount of the Grant.
4. Separate Contract. The purchase and installation of the Conservation Measures shall be pursuant to a
separate contract between Participant and Contractor. Puget Sound Energy is not, and shall not be deemed
to be, a party to any purchase or installation contract. All obligations to any Contractor pursuant to any such
contract shall be Participant's responsibility. Participant expressly acknowledges that Puget Sound Energy's
involvement with respect to the Conservation Measures, including but not limited to any energy analysis or
.
Fonn E&G 9/10/02
1
I.
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.
inspection by Puget Sound Energy of the Premises or the Conservation Measures, is solely undertaken in
connection with furnishing the Grant. The types of materials, methods of installation, quality and timing
thereof, and any warranties with respect to the Conservation Measures or their installation at the Premises,
are matters to be agreed upon solely between Participant and any Contractor. PUGET SOUND ENERGY
HAS NOT MADE AND DOES NOT MAKE (AND PARTICIPANT ACKNOWLEDGES THAT
PUGET SOUND ENERGY DOES NOT MAKE) ANY IMPLIED OR EXPRESS WARRANTY
(INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS) REPRESENT A TION, OR PROMISE WITH RESPECT TO EITHER (A) THE
CONSERVATION MEASURES, (B) ANY MATERIALS AND LABOR REQUIRED FOR OR
USED IN THE INST ALLA TION OF THE CONSERVATION MEASURES, OR (C) THE
INSTALLATION OF THE CONSERVATION MEASURES.
5. Release. Participant releases Puget Sound Energy from any and all claims, losses, harm, costs, liabilities,
damages and expenses directly or indirectly resulting from or in connection with (a) the Conservation
Measures, (b) any materials and labor required for or used in the installation of the Conservation Measures,
(c) the installation of the Conservation Measures, or (d) the identification, handling and disposal of any
associated hazardous waste materials.
6. Disclaimer. Puget Sound Energy conducts energy analyses at the request of its customers to determine the
extent to which conservation measures are cost-effective. Any estimate of energy savings made by Puget
Sound Energy in connection with any such analyses is solely for the purpose of determining the cost-
effectiveness of the particular conservation measures and not to be used for any other purpose. Puget Sound
Energy has not and does not make any promise, warranty or representation with respect to any savings in
energy consumption from Conservation Measures.
7. Termination. In the event a Participant's contribution to Puget Sound Energy's (PSE) recovery of energy
efficiency program costs is affected by all or a portion of Participant's electric and/or gas delivery service
being provided by a party other than PSE, then Participant shall refund to PSE an amount equal to the ratio
of the unused Measure Life of the measure(s) to the total Measure Life of such Conservation Measure(s)
multiplied by the dollar amount of the Grant with respect to such Conservation Measure(s).
8. Entire Agreement. This Agreement is subjeCt to the terms of the filed Electric Schedule 83 and Gas
Schedule 205 and 251 tariffs, which are incorporated herein by this reference. This Agreement sets forth the
entire agreement between the parties and supersedes any and all prior agreements with respect to the
Conservation Measures. No change, amendment or modification of any provision of this Agreement shall
be valid unless set forth in a written amendment to this Agreement signed by both parties.
PUGETSOUNDENERGY
PARTICIPANT
By_
By
Title Mer.. Energy Efficiency Services
Title
Federal Tax LD. No.
Form E&G 9/10/02
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COUNCIL MEETING DATE: December 19,2006
ITEM #:
5-a
. CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should Council approve the draft minutes of the December 5, 2006 special meeting and
December 5, 2006 regular meeting?
COMMITTEE: Not Applicable
MEETING DATE: Not Applicable
CATEGORY:
IZI Consent
o City Council Business
STAFFREpO~TBY:NotApplicabk
Attachments:
Draft meeting minutes of the December 5, 2006 special meeting and December 5, 2006 regular meeting.
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
o Ordinance
D Resolution
o
o
Public Hearing
Other
DEPT:NotApplicabk
. STAFF RECOMMENDATION: Staff recommends approving the minutes as presented.
CITY MANAGER ApPROVAL:
N/A
Committee
N/A
N/A
DIRECTOR ApPROVAL:
Council
Committee
COMMITTEE RECOMMENDATION: Not Applicable
PROPO~ED COUNCIL MOTION: "I move approval of the meeting minutes of the December 5, 2006 special
meeting and December 5,2006 regular meeting as presented.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
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FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
December 5, 2006
Special Meeting
6:00 PM
MINUTES
(www.cityojJederalway.com)
******
I. CALL MEETING TO ORDER
Mayor Park called the Special Meeting to order at 6:06 PM. Councilmembers
Burbidge, Dovey, Faison, Kochmar, McColgan, Deputy Mayor Ferrell and Mayor
Park present.
II.
CANDIDATE INTERVIEWS -ARTS COMMISSION
Council interviewed the following candidates: Karen Oleson, Jann Perez, Gwen
Fenbert, Bruce Lee and Mary Tynan.
III. DISCUSSION/APPOINTMENTS
Council will announce the appointments at the December 19, 2006 Regular City
Council meeting.
IV. ADJOURN
Mayor Park adjourned the special meeting at 7:00 PM.
ATTEST:
Laura K. Hathaway, City Clerk
Approved by Council on:
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FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
December 5,2006 -7:00 PM
MINUTES
(www.cityoffederalway.com)
*****
1. CALL MEETING TO ORDER
Mayor Park called the meeting to order at 7:04 PM. Councilmembers Burbidge, Dovey, Faison;
Kochmar, McColgan, Deputy Mayor Ferrell and Mayor Park present.
2. PLEDGE OF ALLEGIANCE
Councilmember Faison led the Flag Salute.
MOTION: Councilmember Faison moved to amend the agenda for the City Council Meeting to add under
Consent Agenda, Item 5-r, the Lodging Tax Advisory Committee 2007-2008 Biennial Work Plan and
Budget. Councilmember Dovey second. The motion carried 7-0.
3. PRESENTATIONS
a.
City Manager - Introduction of New Employees
There were no new employees to introduce.
b. City Manager - Emerging Issues
City Manager Beets called on Parks Planning and Development Manager Betty Sanders to
update the Council regarding grant monies received for Camp Kilworth. Ms. Sanders
announced that the King County Council approved their budget which includes $400,000
for Camp Kilworth. Funds were allocated for projects that have significant regional value.
She also stated the City applied for a $1 million grant through the State IAC division based
on the camp's water access; word was received that the Camp Kilworth Project is ranked
number one.
4. CITIZEN COMMENT
Marie Sciacqua - spoke in support of the 2007-08 Budget. She thanked Council for the funding
allocation for the Historical Society and stated the society hopes to have a book on the history of
the City published next year.
5.
CONSENT AGENDA
Items listed below have been previously reViewed by a Council Committee of three members and brought beforefull
Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for
separate discussion and subsequent motion.
a. Minutes: Approval of the November 14, 2006 Special Meeting and the November 21,
Regular Meeting - Approved
b.
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c.
Monthly Financial Report - Approved
Vouchers - Approved
Enactment Ordinance: 2007-2008 Budget -Approved: Ordinance No. 06-537
Enactment Ordinance: 2007 Property Tax Rate - Approved: Ordinance No. 06-538
Enactment Ordinance: Utility Tax Rate Adjustment -Approved: Ordinance No. 06-539
Enactment Ordinance: Condemnation for 356th & Highway 99 Intersection Realignment
Project - Approved: Ordinance No. 06-540
Resolution: Federal Way Comprehensive Plan Seven-year Update Completion - Approved
- Resolution No. 06':'488
Resolution: Adoption of Public-Private Partnership Advisory Committee's Recommended
Criteria for Public-Private Partnerships - Approved -Resolution No. 06-489
South 348th HOVLanes from 9th A venue South to Pacific Highway - 85% Design Report-
. Pulled for Discussion/Briefing but then Approved
South 373Td Street Bridge Replacement Project and WSDOT Interlocal AgreeIl1ent-100%
Authorization to Bid - Approved
Pacific Highway South Northbound Left Turn Lanes at South 316th Street- Project
Acceptance and Retainage Release - Approved
2007 Right of Way Landscaping Maintenance Contract- Bid Award- Approved
2007 Street Sweeping Services Contract - Bid Award - Approved
Pacific Highway South HOV Lanes Phase ill Project (S. 284th to Dash Point Road) - I 00%
Design Status Report and Authorization to Bid - Approved
Acceptance ofthe 2007-2008 Proposed Use of Human Services General Fund - Approved
Process for Disposition for Redevelopment of Former AMC Theater Site -Pulled for
Discussion/Briefing but then Approved
Added Item: Lodging Tax Advisory Committee 2007-2008 Biennial Work Plan and
Budget.
d.
e.
f.
g.
h.
1.
J.
k.
1.
m.
n.
o.
p.
q.
r.
Mayor Park pulled Consent Item 5j. Councilmember Faison pulled Consent Item 5q.
MOTION: Deputy Mayor Ferrell moved approval of Consent Items 5a-i; k-p and r. Councihnember
Burbidge second. The motion carried 7-0.
Consent Item 5j: Mayor Park asked Public Works Director Cary Roe for an update. Mr. Roe stated
the City was awarded a $2.7 million grant through the Transportation Improvement Board and that
$1 million has been allocated in the 2007-2008 Capital Improvement Budget. Design status is at
85%; construction should begin mid-2007.
MOTION: Councilmember Dovey moved approval of Consent Agenda Items 5j - South 348th HOV Lanes
from Ninth Avenue South to Pacific Highway ~ 85% Design Report. Councilmember Faison second. The
.motion carried 7-0.
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Consent Item 5q: Councilmember Faison pulled the item to explain the process for redevelopment:
The City will submit an ad for a Request for Qualifications. The top two to three candidates will
then be asked to submit a Request for Proposal to show how they plan to redevelop the site.
MOTION: Councilmember Faison moved approval of Consent Item 5q - Process for Disposition for
Redevelopment of Former AMC Theater Site. Councilmember McColgan second. The motion carried 7-0.
6. COUNCIL BUSINESS
a~ Diversity Commission Appointment
MOTION: Councilmember Burbidge moved to appoint Lou Dodson to a full-term on the Diversity
Commission expiring May 31,2008. Councilmember McColgan second. The motion carried 7-0.
b. Resolution: 2007 Fee Schedule - Approved 7-O-Resolution No. 06-490
MOTION: Councilmember Kochmar moved approval of the Resolution adopting the 2007 Fee Schedule.
Councilmember Dovey ~econd. The motion carried 7-0. Assigned Resolution No. 06-490.
7. INTRODUCTION ORDINANCES
a.
Council Bill #421 - City Center Core Heie:ht Limit Code Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 22,
ARTICLE XI, "DISTRICT REGULATIONS," SPECIFIC TO THE CITY CENTER CORE
DISTRICT AND RELATED TO THE MAXIMUM HEIGHT OF STRUCTURES CONTAINING
RESIDENTIAL UNITS (AMENDING ORDINANCE NO'S 90-43, 93-170, 96-270, 97-291, AND
06-515).
..
City Clerk Hathaway read the Ordinance Title into the record.
MOTION: Councilmember Dovey moved approval to a second reading/enactment on December 19,
2006; Councilmember Faison second. The motion carried 7-0.
b. Council Bill #422 - 2006 Year-End Bud2et Adiustments
AN ORDINANCE. OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 2005-2006
BIENNIAL BUDGET (AMENDS ORDINANCE 04-469, 05-482 AND 06-521).
City Clerk Hathaway read the Ordinance Title into the record.
MOTION: Councilmember Kochmar moved approval to a second reading/enactment on December 19,
2006. Councilmember Burbidge second. The motion carried 7-0.
c.
Council Bill #423 - 2007 SWM Fees
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING THE RATE STRUCTURE FOR STORM AND SURFACE
WATER UTILITY TO REFLECT AN INCREASE IN UTILITY TAX FROM 6% TO 7.75%
(AMENDING ORDINANCE NOS. 90-32, 91-117, 96-277, AND 02-433).
.
City Clerk Hathaway read the Ordinance Title into the record.
. MOTION: Councilmember Kochmar moved approval to a second reading/enactment on December 19,
2006. Councilmember Burbidge second. The motion carried 7-0. .
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d. Council Bill #424 - Admissions Tax Repeal
AN ORDINANCE OF THE CITY COUNCn.. OF THE CITY OF FEDERAL WAY,
WASHINGTON, REPEALING THE FEDERAL WAY CODE CHAPTER 14, ARTICLE IV,
DIVISION 3 RELATING TO ADMISSIONS TAX (REPEALING ORDINANCE NUMBERS 02-
432 AND 04-471).
City Clerk Hathaway read the Ordinance Title into the record.
MOTION: Councilmember Kochmar moved approval to a second reading/enactment on December 19,
2006. Deputy Mayor Ferrell second. The motion carried 7-0:
e. Council Bill #425 - Financinl! Options for the Acquisition of the AMC Theater Site
AN ORDINANCE OF THE CITY COUNCn.. OF THE CITY OF FEDERAL WAY,
WASHINGTON, PROVIDING FOR THE ISSUANCE AND SALE OF A LIMITED TAX
GENERAL OBLIGA nON BOND OF THE CITY IN THE AGGREGATE PRlNCIP AL
AMOUNT OF $4,100,000 TO FINANCE PUBLIC PROJECTS AND PROVIDE FOR THE
TERMS OF AND APPROVING THE SALE OF SUCH BOND.
City Clerk Hathaway read the Ordinance Title into the record.
Councilmember Kochmar asked for a briefing on this item. Management Services Director
Iwen Wang stated the intent of this ordinance is that once the site is sold the money
received will pay for the debt-service.
MOTION: Councilmember Kochmar moved approval to a second reading/enactment on December 19,
2006. Councilmember Faison second. The motion carried 7-0.
8. CITY COUNCIL REPORTS
Councilmember Kochmar stated the December Finance Human Services & Regional Affairs
Committee meeting has been canceled; thanked the Public Works Director and staff for their work
during the recent snow storm; stated Mirror Lake Elementary School is looking for tutors.
Councilmember Burbidge also thanked the staff for their work during the recent snow storm;
stated the next Parks, Recreation, Public Safety Committee meeting is scheduled for January 9,
2007 at 6:00 PM; thanked voters for the positive vote on the Public Safety Enhancements ballot
measure; reported the next Town Hall meeting is scheduled for December 14, 2006 which will
focus on holiday safety; and updated the public on upcoming community events.
Councilmember Dovey reported the next meeting of the Land Use/Transportation Committee will
be December 18, 2006 and on the agenda will be a level of service for roads discussion.
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Councilmember Faison stated the next Economic Development Committee meeting is scheduled
for Tuesday, December 19, 2006.
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Councilmember McColgan reported that A WC is working on their2007 Legislative Agenda apd
he is looking forward to their representation serving local government entities.
Mayor Park reported on the food drive held on December 2 at Albertson's; he will attend the joint
City/Chamber Meeting on December 7, 2006; will attend a meeting at the Japanese General
Consulates office on December 8, 2006 and the Historical Society Meeting on December 14,2006.
9.
CITY MANAGER REPORT
City Manager Neal Beets had no report other to announce the Executive Session expected to last
40 minutes with no action.
10. EXECUTIVE SESSION
Council adjourned to Executive Session at 7:39 PM.
a. City Manager Evaluation Pursuant to RCW 42.30.110 (1)(g)
b. Potential Litigation Pursuant to RCW 42.30.110(1 )(i)
11. ADJOURNMENT
Mayor Park adjourned the Regular Meeting at 8:24 PM.
ATTEST:
Laura K. Hathaway, City Clerk
Approved by Council on:
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~_~!JN~II:-_MEETING DA TE~ Decemb_,:~22006
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
5-b
ITEM #: .~
SUBJECT: Height Limit Increase for Structures Containing Residential Units in City Center Core
POLICY QUESTION: Should the City Center Core regulations be amended to allow greater height for structures
containing residential units? The current height limit is 85 feet. Two alternatives are under consideration: 145
feet or 200 feet.
COMMITTEE: LAND USEffRANSPORT A TION
. MEETING DATE: 11/06/06
CATEGORY:
D Consent
D City Council Business
STAFF REpORT By: PATRICK DOHERTY
o
D
~ Ordinance
D Resolution
Public Hearing
Other
DEPT: CITY MANAGER
Attachments: Exhibit A - Code Amendment Ordinance; Exhibit B - Memo to Planning Coinmission
SummarylBackground: See Attached Memo to Planning Commission
Options Considered:
Alternative 1: Raise height limit to 145 feet.
Alternative 2: Raise height limit to 200 feet with provision limiting upper-level floor-plates above 145 feet to
no more than 80% of the floor-plate area below the 145-foot level.
Alternative 3, recommended by Planning Commission on 10/18/06 by 4-3 vote: Raise height limit to 200 feet
without additional provisions.
STAFF RECOMMENDATION: Alternative 2
CITY MANAGER ApPROVAL: ~
~e
~~ DIRECTOR APPROVAL:
COMMITTEE RECOMME :ATlON:
Council agenda for firs eading."
"1 move recommendation of Alternative~ to the December 5, 2006, City
~. . ~.,JL.
-----~ ./~
- Committee -emb.c . . Committee Member
"1 move approval of the L UTC recommendation. "
. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLED/DEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances on/y)'
REVISED - 02/0612006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
'frJ.1
/a/5/0to
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CITY OF FEDERAL WAY
ORDINANCE NO. 06-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY
CODE (FWCC) CHAPTER 22, ARTICLE XI, "DISTRICT
REGULATIONS," SPECIFIC TO THE CITY CENTER CORE DISTRICT
AND RELATED TO THE. MAXIMUM HEIGHT OF STRUCTURES
CONTAINING RESIDENTIAL UNITS (AMENDING ORDINANCE NO'S.
90-43,93-170,96-270,97-291, and 06-515)
WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly
revised the Federal Way City Code (FWCC) Chapter 22 (Zoning), sp~cifically related to the Federal Way
City Center;
WHEREAS, the City of Federal Way finds that al~ending FWCC Chapter 22, Article XI; "District
Regulations," related to the maximum height limit for structures ~Oi1taining residential units the City
Center Core District, furthers the intent of ~hapter 36.70A RCW, Growth Management;
WHEREAS, the City of Federal Way finds that these code amendments will implement and are
consistent with the Federal Way Comprehensive Plan;
WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code
amendments on October 18, 2006, and forwarded a recommendation of approval to the City Council;
WHEREAS, the Land UsefTransportation Committee of the Federal Way City Council considered
these code amendments on November 6, 2006, following which it recommended adoption of the text
.amendments as recommended by the Planning Commission;
WHEREAS, the City Council finds that th~ code amendments to raise the maximum height limit to
200 feet for structures containing residential. units in the City Center Core zoning district provide greater
incentives for development in the Federal Way City Center, encourage "smart growth" in one of King
County's designated Urban Centers, help fulfill the vision, goals and policies of the Federal Way
Ord No. 06 -
,Page 1
Comprehensive Plan, and are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to
. provide for and promote the health, safety, and welfare of the general public.
.,.
.
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way
. finds that. the proposed code amendments will protect and will not adversely affect the public health,
safety, or welfare.
. .
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the
Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law
with respect tothe decisional criteria necessary for the adoption of the proposed ameridments:
1. The proposed FWCC text amendment is consistent with, and substantially
implements, the Federal Way Comprehensive Plan goals tdaccommodate future City
residential growth within the City Center "to create a higher~density, mixed-use 'center'
for Federal Way, and becoine'an Urban Center as envisioned, in VISION 2020."
\-. :"':'
Specifically, City Center Goa1-#13 in the Comprehensive Plan indicates that the City
Center zoning districts are intended to "(f)ocus growth, with resultant increasing demands
for infrastructure and transportation, in the City Center, specifically the core area.. . (and)
(a)llow for higher intensity uses for efficient use of land."
By pursuing additional residential development in the City Center-Core zoning district
through the incentive of greater height, for the reasons listed above, the proposed
amendment would fulfill this general Goal. In addition, this amendment would further
the following specific City Center Policies:
· CCP3 - Continue to support land use regulations that allow the higher intensity
development expected over the next 15 to 30 years; and
~ CCP8 - Provide incentives to encourage residential development in the CitY
Center core area.
2. . The proposed FWCC text amendment bears a relationship to the public health,
safety, and welfare by furthering several important City Center goals and policies. .
Consequently, the text amendment promotes the public health, safety and welfare by
fostering "smart growth" in concert with the Comprehensive Plan.
And
Ord No. 06 -
, Page i
.
. \ '. ~
.
.
3. The proposed FWCC text amendment is in the best interest of the residents of the
. City because it fosters "smart growth" by encouraging greater redevelopment investment
in the City Center, in fulfillment ofthe Comprehensive Plan's goals and policies.
Redevelopment of currently vacant and/or under-utilized City Center land for residential
and mixed-use development may provide the following, and other, benefits to City
residents:
....!'..;.:i.
· The City Center is more capable of accommodating demands for future
residential growth, relieving pressure on the neighborhoods for additional
and/or denser development;
· The City Center is adjacent to Interstate 5 and serves as a regional transit
hub. New residential development in this location is, therefore, very well
served by both conventional and mass transportation modes, thereby
reducing the relative traffic impacts of such new development on the
remainder of the City;
· The potential for development of high-rise residential may trigger greater
interest in City Center redevelopment. Through redevelopment of currently .
under-utilized City Center parcels, these and surrounding parcels see
substantial appreciation in assessed value. Consequently, as more and more
redevelopment occurs, the City Center incrementally contributes more to the .
. City tax revenues and .shoulders an increasing percentage of the overall City
tax burden;
· The development of higher':density residential uses in the' City Center.
increases the likelihood that a fuller ~rray of retail goods and services will
have a ready market ~:fcoiisumers, thereby incrt<asing the array of such
goods and services fofalfCity tesidents;'..
· . The development ofhigher-d~nsity residential uses in the City Center also
increases the likelihorid fuat the Federal Way Transit Center will see greater
usage, thereby increasing the likelihood that future investments in transit
.enhancements will be seen favorably by regional decisionmakers.
, .~.
" ~.",', .~. ,
Section 3. Amendment. FWCC Chapter 22, ArticIeXI, "District Regulations," is amended as set forth
in the attached Exhibit A.
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this' ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Ord No. 06 -
, Page 3
Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and
. publication as provided by law.
'.
,
.
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on
.. the
day of
,2006.
APPROVED:
Mayor, Mike Park
ATIEST:
"~' ." . i .
City Clerk, Laura Hathaway, CMC
". i, . ..:.
APPROVED AS TO FORM:
;1" "
'..:", .: I. .
. .. . .
, . ~ "Y ;..': i :' ":.; " '.".. . .;;: ':"-
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
Ord No. 06 -
, Page 4
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A Federal Way
DATE:
TO:
VIA:
I FROM:
SUBJECT:
October 10, 2006
Planning Commission .
Neal Beets, City Manager ~J
Patrick DOhert~nomi~e~~opment Director
City Center-Core Residential Height Limit
(File Nuinber 06-1 04925-00-UP)
Policv Issue
Should the Planning Commission recommend approval to City Council of a change to the text of the City
Center-Core "district regulations" at FWCC 22-797 to allow greater maximum height for structures
containing residential dwelling units from the current limit of 85 feet to either 145 feet or 200 feet?
BackQround
Comprehensive Plan
In 1995 the City Council approved the City's first Comprehensive Plan, pursuant to the Growth.
Management Act (GMA). In order to engage public involvement and input into the comprehensive
planning prClcess, the City hired consultants who conducted a process called "CityShape" that offered
active opportunities for community input. Through this input, the public expressed its preferences about '
the City Center that are encapsulated in the Comprehensive Plan's "City Center" chapter. Chief'<:imong
those preferences are the following statements:
· Create an identifiable downtown that is the soCial and economic focus of the City;
· Strengthen the City as a whole by providing for long-term growth in employment and housing (in
the City Center);
· Promote housing opportunities close to employment;
.. Support development of an extensive regional transportation system;
· Reduce dependency on automobiles;
· Consume less land with urban development;
· . Maximize the benefit of public investment in infrastructure and services;
· Provide a central gathering place for the community; and
· Improve the quality of urban design for all developments.
'In pursuit of the City Center plan, the City created two City Center zones: the City Center Core and City
Center Frame. The Core was established "to create a higher-density, mixed-use 'center' for Federal Way,
and become an Urban Center as envisioned in VISION 2020," pursuant to theGMA. The Frame was
established to "provide a zone for dense mixed-use development that surrounds and supports the Core. It
also provides a transition between high-activity areas in the Core area and less dense neighborhoods.
outside the Frame." . . . '. .
As such, the Core and Frame contain different height limits for different uses. Generally speaking, the .
Core provides for greater height limits for similar uses than available in the Frame. The following are
some principal uses within both zones and their corresponding maximum height limits:
.
Memo to Planning Commission
City Center-Core Height Limit Increase
October 10, 2006
Page 2 of8
USE City Center Frame City Center Core
Office 35 feet . 145 feet
Retail 35 feet 95
Entertainment 60 feet 95
Hotel 45 feet 145 feet
Residential 85 feet 85 feet
As you can see, while structures housing most uses are afforded a higher height limit within the City
Center Core zone. for some reason residential structures are given no additional height in the Core over
the limit in the Frame. .
Actions to Promote City Center Development
Since adoption of the Comprehensive Plan, the City has pursued numerous actions to ready the City
Center environment for investment andlor even offer incentives for redevelopment in fulfillment ofthe ' .
Comprehensive Plan vision. Several of these actions are:
Allowance of five stories of wood frame construction over a concrete base, up from only four;
, Substantial Zoning Code Changes, approved February 2006, to facilitate Comprehensive Plan~
.,' 'c~mpliant redevelopment and removE;! barriers to" multifamily and mixed-use deveiopment; .
~?nti~ued City investment in substantial infrastructure improvements in the City Center; ,
. ,City i;ingagement of the Leland Consultirig Group to. provide up-to~date market. information to., .
: ~upportredevelopment and a set of City Center redevelopment strategies; ,
. City Council official commitment to consideration of 'public-private partnerships and concomitant
. creation of a $5-million City Center redevelopment fund; . '.
Substantial marketing of the City Center redevelopment opportunities through brochure, '.
advertising, press releases and personal contacts; AND
City Center SEPA "Planned Action" and Environmental Impact Statement (EIS)
SEPA Planned Action and EIS
.
.
.
..
. .
, .
.
.
Pursuant to City Council direction, dating back to 2001, the City embarked on development of a SEPA
"Planned Action" and supporting EIS to cover a central north-south-oriented swath of the City Center (see
attached map. "Exhibit A"), covering both City Center-Core and City Center-Frame zoning districts. State
law (RCW 43.21C.031(2)(a) and WAC 197-11-164) enables Planned Actions as a means of fostering
redevelopment and growth in urban centers, pursuant to the Growth Management Act. Once a City
completes the reql!ired EIS, it may adopta "Planned Action Ordinance" that offers a substantially,
streamlined environmental and land use permit review process, as well as any associated master plans,
comprehensive plan amendments or zoning code amendments. . ,
The Federal Way City Center Planned Action EIS analyzes the impacts from development in the City
Center "Planned Action" area over a ten-year period, as follows: . , .
USES DEVELOPMENT "ENVELOPE"
Retail '. 750,000 SF
. Office 350.000 SF
Lodaina 600 rooms.
Residential 750 units
Civic 100,000 SF.
, Structured Parkina 750 stalls
.
.
.
Memo to Planning Commission
City Center-Core Height Limit Increase
. October 10, 2006
Page 3 of8
In addition, the Federal Way City Center Planned Action EIS analyzes the impacts associated with a
height limit increase for residential structures within the entire City Center Core area - not just that within
the "Planned Action" area. I
Two alternatives, in addition to the "No Action" alternative, were analyzed in the EIS:
1. Maximum height limit of 145 feet
2. Maximum height limit o,f 200 feet
The Federal Way City Center Planned Action Draft EIS was issued on June 26, 2006. A public hearing on
the EIS was'held on July 13,2006 at the Federal Way City Hall, Council Chambers, and the associated
public comment period ended on July 25, 2006. A Final EIS was issued on September 8., 2006.
. After publication of the FEIS, the City may proceed with consideration of the two actions served by th.is
EIS: the SEPA Planned Action Ordinance and the City Center Core residential height limit increase. While
analyzed within the same EIS, these two actions are otherwise unrelated and may proceed independently.
The Planhe~AG~ion Ordinance will establist) i:in expedited SEPA review'process for development projects,
th(3t conforin with the Planned Action EIS. Those projects Will be exempt from individual, independent' .
SEPA r~vieW and will otherwise undergo a simpler ariq more expedited review for compliance with the.
Plahned ActioJ:).:, Measures mitigating environmental impacts have been pre-identified in the EIS and will
be iricorporate'd by reference in the Planned:Action Ordinance, as approved by City Council. Currently itis
anticipated that City Council will take up consideration dfthe Planned Action Ordinance in the latter parlof
thisyEiar.-'..' ',',. " ,.
The City Cehter' Core height limit increase fo'r structures containihg multifamily uses is a developme~,t ",
regulation, not a process regulation. As such, it may be considered independently. The impacts related to
potentially taller multifamily and mixed-use buildings were analyzed in the Federal Way City Center
Planned Action EIS and can be summarized as follows:
ENVIRONMENTAL
ELEMENT
Air Quality
COMMENTS
Land Use
Increased development potential may lead to increased vehicle trips (see
below), leading to increased automobile-generated pollutants. EIS analysis
indicates that ollutants would remain belowallowabJeair uali standards.
Mix and juxtaposition of uses would not be changed; although more marked
transition between older, low":scale buildings and newer, taller buildings would
be Iikel .
Taller residential buildings would allow a potentially greater residential
o ulation and densi in the Cit Center Core.
Population, Employment
and Housin
.
.
.
Memo to Planning Commission
City Center-Core Height Limit Increase
October 10, 2006
Page 4 of8
Aesthetics, Light and
Glare
Proposed height increase to 200' would allow buildings of incrementally
greater height and bulk than currently allowed for commercial buildings
(145'). More "high-rise" buildings would be possible than today. Shadow
impacts would be greater. Juxtaposition between older, low-scale buildings
and newer, taller buildings would be more noticeable.
Proposed height increase to 145' would ali()w buiidings of same height and
bulk as is currently allowed for commercial buildings. More "high-rise"
buildings would be possible than today. Shadow impacts would be greater
than today, but lesser than 200' alternative.' .
In both cases views from low-scale buildings could be impaired to varying
degrees.
Transportation, "
A mitigating condition related to greater height for residential structures is the
propensity for residential floor-plates to be smaller than commercial f1oor-
plates, resulting in less upper-JEwel bulkinexchang~ for greater height. (See
also accompanying proposed code language to require floors above 14q' to
be limited to no more than 80% of the floor-plate below.) .
The Planned Action analyzes likely development over a ten-year period, with,
a total of 2,727 additional PM peak hour trips distributed throughout the City
, roadway system by 2009 (or the <;It such time as the equivalent development.
is realized) and a totaJ9f up to 5,097 PM peak hour trips distributed
throughout the'City roadway system by 2014 (Or the at such time as the
equivalent development is realized). '
In the unmitigated condition, this additional level of PM peak hour trips would
congest several intersections to level of service F. As a consequence, all of.
the projects slated for the City's Transportation Improvement Plan (TIP) are
recommended to.be constructed, plus two additional mitigation projects:
. Add 2nd northboundL turn lane at S 312'h/pac Highway .
. Optimize signal timing at S 336th/Pac Highway
The transportation impacts associated with marginally greater popt,Jlation
assoCiated with potentially taller multifamily structures is covered by this
analvsis and mitioation.
Taller multifamily structures and marginally greater popl,.lJatioll will result in
marginally greater need for police, fire, 'and parks services. These impacts
are disclosed in the EIS. No sionificant, unmitioable impacts are foreseen.
,Lakehaven Utility District indicates that it will have available capacity to
provide domestic water and sanitary sewer service to the City Center under
the entire Planned Action growth scenarios, including the marginally greater
population associated with taller multifamily structures.
" ..
.
Public Services
Utilities
Increased demand for energy and telecommunications services will also
result, but not to sionificant levels. .
Proposal
The current proposal is to consider amending FWCC 22-797 to allow greater height for structures
containing multifamily dwelling units in the City Center-Core zone. Two alternatives are available for
.
.
.
Memo to Planning Conunission
City Center-Core Height Limit Increase
October 10, 2006
Page 5 of8
consideration over the "no action" alternative of staying at the current limit of 85 feet:
Alternative 1 :145 feet (See attached "Exhibit B'~)
Alternative 2: 200 feet. In addition, with this alternative, code language is proposed that would
require floor-plates above 145 feet to occupy no more than 80% of the floor-plate area
immediately below the 145-foot level. (See attached "Exhibit C")
These two height alternatives were set by the City Council at the beginning of t~e Planned Action EIS
process.
This proposal is made as an additional means of providing an incentive for redevelopment of the City
Center. Greater potential height for residential structures could provide the following benefits to parties
interElsted in pursuing redevelopment:
. Additional flexibility on a site to provide a range of housing options (low-rise, mid-rise, high-rise);
. Potential to provide more view units that could help sustain higher unit prices/rents to assist in
financial feasibility of redevelopment;
. Additional height to recoup the costs associated with high-rise construction, required above
approximately 65 feet. Currently it is infeasible that.qevelopers of multifamily structures would
utilize the 85-foot height limit since it requires the more expensive, high-rise construction type for
only a couple of floors of greater height than the less expensive, wood-frame-over-concrete
construction up to 65 feet; and,
.. Additional development potential to help meet City.Center housing growth targets and to provide
additional, proximate support to retail and service establishments within the City Center.
Analysis
Codified Criteria
FWCC 22-528 sets but the criteria for considering zoning text amendments. These criteria are presented
below, followed by a corresponding response:
The City may amend the text of this chapter only if it finds that:
1. The proposed amendment is consistent with the applicable provisions of the
comprehensive plan.
As mentioned above, the City Center-Core zoning district was established in the
Comprehensive Plan to "to create a higher-density, mixed-use 'center' for Federal
Way, and become an Urban Center as envisioned in VISION 2020," pursuant to the
GMA.
Specifically, City Center Goal #13 in the Comprehensive Plan indIcates that the City
Center zoning districts are, intended to "(f)ocus growth, with resultant increasing
demands for infrastructure and transportation, in the City Center, specifically the core
area... (and) (a)lIow for higher intensity uses for efficient use of land."
By pursuing additional residential development in the City Center-Core zoning district
through the incentive of greater height, for the reasons listed above, the proposed
amendment would fulfill this general Goal. In addition, this amendment would further
the following specific City Center Policies: '
.
.
.
Memo to Planning Commission
City Center-Core Height Limit Increase
October 10, 2006
Page 6 of8
. CCP3 ...: Continue to support land use regulations that allow the higher
intensity development expected over the next 15 to 30 years; and
. CCPB - Provide incentives to encourage residential development in the City
Center core area.
2. The proposed amendment bears a substantial relation to.the public health, safety, or
welfare. '
As the proposed amendment is a land use regulation, its principal relation to the
public health, safety or welfare is manifest through its r~lative fulfillment of the
Comprehensive Plan's goals and policies. As mentioned above; the amendment
furthers several important City Center goals and policies, and for that reason,
. promotes the public health, safety and welfare by fostering "smart growth" in concert
with the Comprehensive Plan.
3. The proposed amendment is in the best interest of the residents of the City.
Similar to the analy,sis above, the proposed amendment fosters "smart growth" by
encouraging greater redevelopment investment in the City Center, in fulfillment of the
Comprehensive Plan's goals and policies. Redevelopment of currently vacant and/or
under-utilized City Center land for residential and,mixed-lIse development may
provide the following; and other, benefits to City residents:
. The City C~nter is more capable of accommodating demands for future
residential growth, relieving pressure o.n the neighborhoods for additional
and/or denser development; ,
. The City Center is adjacent to Interstate 5 and serves as a regional transit
. hub. New residential development in this location is, therefore, very well
served by both conventional and mass transportation modes, thereby
reducing the relative traffic impacts of such new development on the
remainder of the City;
. The potential for development of high~rise residential may trigger greater
interest in City Center redevelopment Through redevelopment of currently
under-utilized City Center parcels, these and surrounding parcels see .
substantial appreciation in assessed value. Consequently, as more and more
redevelopment occurs, the City Center incrementally contributes more to the
City tax revenues and shoulders an increasing percentage of the overall City
tax burden; .
'. The development of higher-density residential uses in the City Center
increases the likelihood that a fuller array of retail goods and services will
have a ready mar~et of consumers, thereby increasing the array of such
goods and services for all City residents;
. The development of higher-density residential uses in the City Center also
increases the Iike.lihood that the Federal Way Transit Center will see greater
usage, thereby increasing the likelihood that future investments in transit
enhancements will be seen favorably by regional decisionmakers.
Additionally, with Alternative 2 (200-foot limit) the proposal to limit floor-plates above
145 feet to 80% of the area of the floor-plates below 145 feet offers mitigation of
upper-level height and bulk. . .
In summary, the proposed zoning code text amendment satisfies the codified criteria for consideration of
.
.,':'
.
Memo to Planning Commission
City Center-Core Height Limit Increase
October 10, 2006
Page 7 of8
zoning text amendments.
Statements Pro and Con for Each of the Two Height Limit Options
145 feet
Pros:
. This proposal would provide an additional incentive for multifamily and mixed-use development
over the existing height limit; ,
. This proposal would incrementally raise the height limit for multifamily structures to equal the
maximum height limit for commerCial buildings and, as such, would not exceed the current height
limit. The additional height, bulk and scale associated with taller residential structures wQuld not
be realized.
Cons:
.. , ThiS' proposal would provide less flexibility to provide a range of hOUsing options on a particular"
site than the 200-foof height limit;' '.
'.. . This proposal could provide less finanCial feasibility for high.:rise construction by providing a lesser
" ,. .. ' amount of additional floors above the existing height limit to justify the high-rise construction type.
200 feet
, Pros>
.' '. This proposal would provide even greater incentive for multifamily, and mixed-use development
over the existing height limit. It is antiGipated that this level of additional development
(approximately 12 additional stories) would provide substantial opportunity to provide sufficient
higher-priced, view dwelling units to help justify the higher high-rise construction costs;
This proposal would provide greater flexibility toa site to accommodate a range of housing types:
low-rise, mid-rise and high~rise.
.
Cons:
· This proposal would create greater height, bulk and scale impacts by allowing for residential
towers to rise above commercial towers in the City Center. The accompanying proposal to limit
floor-plates above 145 feet to 80% of the floor-plate area below the 145-foot level helps to
mitigate this upper::-Ievel height and bulk. .'
Staff Recommendation
Given that the purpose of a higher height limit for multifamily and mixed-use buildings in the City Center is
intended to create greater incentive for redevelopment of City Center parcels, staff believes that the
greater the incentive, the more likely such redevelopment wiJi occur.
The 200-foot height limit provides this greater incentive, both due to the higher height justifying the costs
of high-rise construction, as well as the ability to provide a greater range of housing product. While the
taller residential and mixed-use buildings would create greater height and upper-level bulk in the future
City Center skyline. staff believes that the gener.ally slimmer profile of residential floor-plates versus
commercial floor-plates may provide sufficient compensation for somewhat higher height (up to 55 feet
.
.
.
Memo to Planning Commission
City Center-Core Height Limit Increase
October 10, 2006
Page 8 of8
taller than commercial construction).
For these reasons, staff recommends approval of Alternative 2: 200-foot maximum height limit for
structures containing multifamily dwelling units in the City Center-Core zone and accompanying upper-
level bulk limit, as detailed in the proposed amended zoning code text, attached as "Exhibit C".
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CITY OF FEDERAL WAY
PLANNING COMMISSION
October 18, 2006
.7:00 p.m.
City Hall
Council Chambers
MEETING MINUTES
Commissioners present: Hope Elder, Dave Osaki, Dini Duclos, Merle Pfeifer, Bill Drake, Pam Duncan-Pierce, and
Lawson Bronson. Commissioners absent: none, Alternate Commissioners present: Richard Agnew. Alternate
Commissioners absent: none. Staff present: Econoniic Development Director Patrick Doherty, City Attorney Pat
Richardson, and Administrative AssistantE. Tina Piety.
Chairperson Elder called the meeting to order at 7:00 p;m.
ApPROV AL OF MINUTES
Commissioner Duclos moved and it was seconded to adopt the August 16, 2006, minutes. The motion waS carried.
AUDIENCE COMMENT
None
ADMINISTRA TIVE REpORT
Ms. Piety informed that Commission that since the City Council will be holding a budget meeting November 1st,
the next Planning Commission meeting will bea special meeting on November 8, 2006 (it is a special meeting
because it is not being held on a regularly scheduled meeting day). She also reminded them that a Planners Short
Course will be held November 15, 2006. The Short Course will start at 6:30 p.m.
COMMISSION BUSINESS
PUBLIC HEARING - City Center-Core Height Limits Code Amendment
Mr. Doherty delivered the staff presentation. The proposed change is to allow greater maximum height for
structures containing residential dwelling units from the current limit of 85 feet to either 145 or 200 feet.
Commissioner Bronson asked why the city should allow residential buildings to be taller than hotels. Mr. Doherty
replied that curr~tly, the maximum height for residential is much lower than for commercial. The City Council
considered this issue and concluded that there may be more potential for residential developments than for hotels. It
was noted that all residential development in the City Center-Core would be part of a mixed-use development.
Commissioner Osaki commented that on figure 5 of the City Center Planned Action Final Environmental Impact
Statement (EIS), three alternatives are listed and for Alternates 1 and 2, the total number of residential units is 750.
Does the proposed change in height make any difference on the number of units anticipated to' 2014?Mr. Doherty
responded that the growth assumptions are not dependent on the proposed height limit change. Staff believes it is
possible to meet the growth assumption with or without the proposed height change. It is believed that the
proposed height change would give a greater incentive to developers. '
K:\Planning Commission\2OO61Mee.ing Summary 10-18-06,doc
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Planning Commission Minutes
October 18, 2006
Page 2
Commissioner Osaki asked how many more units are anticipated at the proposed 200 foot height limit as opposed
to the proposed 145 foot height limit. Mr. Doherty replied that the proposal was not analyzed that way, especially
since there is no density limit in the City Center currently. It is more a redistribution of units as opposed to have
more units (such as larger units). The proposed height limit change would offer greater choice.
Commissioner Drake asked what drives the proposed limitation of the floor plate above 145 feet to no more than
80 percent ofthe area of the floor plate immediately below the I 45-foot level (80 percent "taper" clause). Mr.
Doherty replied it is mainly aesthetics. Commissioner Drake then commented that he is concerned this requirement
could turn away potential development.
Commissioner Drake asked if the city was considering increasing the height fqr commercial development in the
CC-c. Mr. Doherty replied that it was not considered as part of the City Center Planned Action EIS. If the city was
to consider increasing the height for commercial development in the CC-C, it would require another EIS to address
the impacts.
Commissioner Drake moved to approve the staff recommendation of increasing the height limit in the CC-C to 200
feet maximum for structures containing multifamily dwelling units, but to not include the proposed upper-level
bulk limit (th,e 80 percent "taper" clause). The motion was seconded. Chairperson Elder called for a roll-call vote,
results of which were: Elder - yes; Duclos - yes; Drake - yes; Bronson - no; Osaki - no; Pfeifer - yes; and
Duncan~Pierce - no. The motion carries.
.
ADDITIONAL BUSINESS
The Commission discussed their concerns about increasing the height for commercial buildings in the CC-c. It
seems to them that a lower height limit for commercial couldlimit development. Mr. Doherty cOriUnented that-the
Co~ission could suggest the City Council place this issue on the Planning Commission work program. He also
stated that it is common for cities to have different height limits for different uses in order to encourage more of
one type of development. Chairperson Elder stated she would talk to the LUTC chair about this issue and the
Commissions concerns.
Commission Bronson stated that the Commission's Ru les of Procedure state that elections will be. held the first
meeting in October. Ms. Piety commented that the City Council wiil be appointing Commissions for those terms
. that expired September 2006 on November 7, 2006, and elections will be held the first Planning Commission
meeting after this (November 8, 2006). .
AUDIENCE COMMENT
None
ADJOURN
The meeting was adjourned at 8:08 p.m.
.
K;lPlanning Commissionl2006\Meeting Summary 10-18.06.doc
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,tl[
COUNCIL MEETING DATE: December;: 2006
5-c
ITEM #:~
_..__.__.w__________________.__._____.~_____._~__.__.______.______._.._..___.____
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2006 HOUSEKEEPING BUDGET ADJUSTMENT
POLICY QUESTION: Should theOty approve the 2006 Housekeeping Budget Adjustment?
COMMITTEE: Finance, Human Services & Regional Affairs Committee
MEETING DATE: November 28, 2006
CATEGORY:
D. Consent
o City Council Business
[gl Ordinance
o Resolution
o
.0
Public Hearing
Other
ST i\FF REpORT By: Iwen Wang, Management Services Director
DEPT: Management Services
Background:
This is an ordinance for the 2006 Housekeeping Budget Adjustment. This budget adjustment is primarily to
incorporate any items that have been approved by Council during the year and adjust those expenditures that are
funded with matching revenues.
Attachments:
· 2006 Housekeeping Budget Adjustment Summary, Ordinance, and Exhibit.
Options Considered:
1. Approve the 2006 Housekeeping Budget Adjustment Ordinance as presented and forward to the full
Council on December 5, 2006 for first Reading.
2. Deny approval of the 2006 Housekeeping Budget Adjustment Ordinance and provide direction to staff.
STAFF RECOMMENDATION: Council approves the 2006 Housekeeping Budget Adjustment Ordinance and forwards
to the full Council on December 5,2006 for first reading. .
CITY MANAGER ApPROVAL:
Council
.82"
DIRECTOR ApPROVAL:
COMMITTEE RECOMMENDATION: Forward approval of the 2006 Housekeeping Budget Adjustment Ordinance
to the full council on December 5, 2006 for first reading and December 19,2006 for second reading.
PROPOSED COUNCIL MOTION: "I move approval of the 2006 Housekeeping Budg
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/0612006
f1t;l
~ Idb
f
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
.
.
CITY OF FEDERAL WAY
2006 HOUSEKEEPING BUDGET ADJUSTMENT
General Fund:
Non-Deoartmental
Interfund Transfer - General/Street Fund - Traffic Modeling............., ,..............,.......................... ..................,....
Community Develooment
Temporary Senior Planner for 2006 Work Program $85K - Use Existing Carryforward Funds....... ....... ......... ........... .:...
Public Safety
Overhire Program-Startup & Ongoing (includes I/S Charges, Salary & Benefits, Recruitment, Supplies, Training,etc)...........
2006 JAG Grant...................................... .........................,........,.....,.....,.......................... ,................... .
Buffer Zone Protection Plan (BZPP) Equipment Grant....... .......... ..... ....., ..... ..'...., ......... ..... ...... .... ......... ...... ......
Street Fund:
Traffic Modeling................. ................................................."....,.".......................................................
Emergency Management-Budget Non-City Contribution onoint Emergency Management Funds-Revenue Offset..............:.
Subtotal General & Street Fund
150,000
440,000
29,114
48,475
150,000
21,000
838,589
Community Center Operations:
Community Center Operations Transition Budget - Source is Transfer of New Community Center CIP Interest...................
76,500
Subtotal Special Revenue Funds
76,500
Downtown Redevelopment CIP Fund:
Appropriate Entire Existing Budget, Including Interest Earnings..............,....,...... ,................. ...............................
City Facilities CIP Fund:
New Community Center-Transfer CIP Interest Earned to New Community Center Operations Transition Budget.................
5,220,030
76,500
Subtotal Capital Project Funds
5,296,530
Surface Water Management:
IS Charge-Capital Contribution-Additional $ Needed to Replace SWM Mower #204B.."..........,..................,..............
2006 Street Sweeping Contract Increase.....................................,..,.............,......................... ........................
Information Systems:
Overhire Program-Startup Costs-Various IT Equipment......,....,.. .................. ..,.......,............ .................,............
PS On-Line Reporting System....,..........,.................,.....,......... .........' ,..........,....,..............................,........
Fleet & Equipment Fund:
Overhire Program - Startup Costs - 2 Vehicles Capital Purchase...............,..................................... ....... ...............
Replace SWM Mower #204B - Source is Replacement Reserves & SWM Fund Transfer...,...... ... ....... .........................
Replace Totaled PS Vehicle-Source is Insurance Proceeds ($9,966) & Replace Reserves ($24,186).................................
Add'l Cost for PKlMT Slicer/Seeder Equip -Approved budget $7,181 vs Actual Cost $11,464 - Use Excess Reserves..,.........
14,139
11,997
47,746
10,000
78,304
19,108
34,152
4,283
Subtotal Proprietary Funds
219,729
Special Studies/Contracts Fund:
Government Access Channel-Source is Comcast Capital Contribution Received August 2006.................... ...... ..............
Subtotal NonAnnual Programs
300,000
300,000
6,731,348
GRAND TOTAL-ALL FUNDS
.
FHSRAC 11-28-06
H.2
11/21/2006 10:18AM 2006YNDAdjusbnenl IiSlOS
.
.
.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS
AND FINANCE, REVISING THE 2005-06 BIENNIAL BUDGET
(AMENDS ORDINANCE 04-469,05-482,05-510, AND 06-521).
WHEREAS, certain revisions to the 2005-06 Biennial Budget are necessary; and
WHEREAS, these revisions are a" result of the final biennium budget adjustment;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASHlNGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Ordinance 06-521, Section 1, is hereby amended to adopt the revised
. budget for the years 2005-06 biennium in the amounts and for the following purposes:
Section 1. 2005-06 Biennial Budget. That the budget for the 2005-06
biennium is hereby adopted in the amounts' and for the purposes as
shown on the attached Exhibit A (2006 Revised Budget).
Section 2. Severability. The provisions ofthis ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion 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 persons or
circumstances.
ORD.#
FHSRAC 11-28-06
H-3
, PAGE 1
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Section 3. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 4. Effective Date. This ordinance shall take effect and be in force five (5) .
days from the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this
day of
, 2006.
CITY OF FEDERAL WAY
MAYOR, MICHAEL PARK
ATTEST:
CITY CLERK, LAURA HATHA WAY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA RICHARDSON
Fil..ED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCil..:
PUBLISHED:
EFFECTNE DATE:
ORDINANCE NO.
K:\fm\biennial\ordinance\2004 housekeeping ordinance,doc
ORD.#
, PAGE 2
FHSRAC 11-28-06
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COUNCIL MEETING DATE: Decemb~ i, 2006
- --- -----~--
5-d
ITEM #: 7 c. -
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: SURFACE WATER RATE ADJUSTMENT TO REFLECT THE VOTER-APPROVED UTILITY
TAX INCREASE
POLICY QUESTION: Should the City update the Surface Water Management Fees to reflect the voter-approved utility
tax increase?
COMMITTEE: Finance, Human Services and Regional Affairs
MEETING DATE: November 28,2006
CATEGORY:
o Consent
o City Council Business
STAFF REpORT By: NA
o
o
[8J Ordinance
o Resolution
Public Hearing
Other
DEPT: MS/PW
A TT ACHMENTS:
Draft Ordinance to adjust Surface Water Management Fees to implement the voter-approved utility tax increase.
OPTIONS CONSIDERED:
1. Approve the surface water rate adjustment to reflect the voter-approved utility tax increase.
This would implement the. voter-approved utility tax increase as identified in the voters' pamphlet and allow
SWM to maintain its operations and capital programs as planned.
2. Deny approval of the surface water rate adjustment to reflect voter approved utility tax increase.
Not allowing the rate adjustment would require SWM to absorb the utility tax increase thus resulting in fewer
available resources to maintain its operations and capital programs.
STAFF RECOMMENDATION: Staffrecommends approving Option 1.
m-
CITY MANAGER ApPROVAL:
DIRECTOR APPROVAL:' II A \ 1t'1ll\
~
Council
COMMITTEE RECOMMENDATION: Forward Option 1 and the draft ordinance to the December 5, 2006 City Council
Agenda for firs~ reading. " '
q~bi~~
. Linda chmar, Charr
PROPOSED COUNCIL MOTION: HI move the Ordinance to the December 19, 2006 C
reading and enactment. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLED/DEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02106/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
1023
/~/.s;/~
.
.
.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING THE RATE
STRUCTURE FOR STORM AND SURFACE WATER
UTILITY TO REFLECT AN INCREASE IN UTILITY TAX
FROM 6% TO 7.75% (AMENDING ORDINANCE NOS. 90-32,
91-117,96-277, AND 02-433)
WHEREAS, RCW 35.67 authorizes the City to establish a Storm Water Utility; and
WHEREAS, the City of Federal Way established a Storm and Surface Water Utility by
Ordinance 90-32 to adequately support the necessary maintenance, operations, and capital
improvement of the surface and storm water management system; and
WHEREAS, the Federal Way City Council finds it in the best interest of the citizens to
increase the Surface Water utility rates to reflect an increase in the utility tax rate from 6% to 7.75%
in accordance with Proposition 1 approved by the citizens of Federal Way on November th, 2006
and effective January 1,2007.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 16, Article ill, Section 16-123 of Federal Way City Code is hereby
amended to read as follows:
16-123 Service area annual service charge.
There is hereby imposed upon all developed properties in the service area annual service
charges as follows:
ORD#
, PAGE 1
FHSRAC 11-28-06
C-2
.
.
.
Class
Percentage Rate/Parcel (P)
or Acre (A)Near
Utility Tax (7.75%)
Residential (R)* NA
Very light (VL) 0- 10%
Light (L)** 10 - 20%
Moderate (M)** 20 - 45%
Moderately heavy (MH)** 45 - 65%
Heavy (H)** 65 - 85%
Very heavy (VH)** 85 -100%
City or county roads NA
State highways NA
$79.03 (P)
$79.03 (P)
$178.98 (A)
$366.41 (A)
$706.96 (A)
$891.19 (A)
$4;74 6.12 (P)
$4:-14- 6.12 (P)
$W-:-14 13.87 (A)
$U:-99 28.40 (A)
. $~ 54.79 (A)
$~ 69.07 (A)
$1,166.06 (A)
$@.;% 90.37 (A)
$264.13 (A)
$~ 20.47 (A)
***
NA
* Parcel is owned by and is the personal residence of a person or persons determined by the
public works director as qualified for a low income senior citizen property tax exemption under
RCW 84.36.381, the parcel shall be exempt from the service charge.
** The minimum service charge shall be $~ 85. I 5/parcel/year (utility tax included). The
maximum annual service charge for mobile home parks shall be $~ 34.56 (utility tax included)
times per the number of mobile home spaces.
*** . The rate charged to the state department of transportation will be determined in
accordance with RCW 90.03.525. (Ord. No. 90-32, ~ 6(C), 2-13-90; Ord. No. 91-117, ~ 1,12-10-91;
Ord. No. 96-277, ~ I(C), 12-3-96; Ord. No. 02-:433, ~ 1, 11-19-02)
ORD#
, PAGE 2
FHSRAC 11.28-06
C-3
.
.. Section 2. Severability. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance
or the invalidity ofthe application thereofto arty person or circumst~ce, shall not affect the validity
ofthe remainder of the ordinance, or the validity of its application to other persons or circumstances.
Section 4. Effective Date. This ordinance shall take effect January 1,2007.
PASSED by the City Council of the City of Federal Way this
,200_.
day of
CITY OF FEDERAL WAY
MAYOR, MICHAEL PARK
. ATTEST:
.
CITY CLERK, LAURA HATHA wAy, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDlNANCE NO.:
K:\ordinance\2006\swum utility tax 2
ORD#
, PAGE 3
FHSRA( 11-28-06
(-4
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l"
COUNCIL MEETING DATE: DecemberX2006
5-e
ITEM #: ;pd
.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ADMISSIONS TAX - DEFER OR REPEAL
POLICY QUESTION: Should the City defer the effective date of the Admissions Tax or repeal the tax?
COMMITTEE: FHSRAC
MEETING DATE: Nov 28,2006
CATEGORY:
o Consent
D City Council Business
IZI Ordinance
D Resolution
o
D
Public Hearing
Other
STAFF ~~<?~T By: Iwen Wang, Man~gemen! Services Director
DEPT: Management Services
ATTACHMENTS: Draft ordinances:
1. Ordinance to defer the effective date of the Admissions Tax to January 1, 2011;
2. Ordinance to repeal the Admissions Tax from the City Code.
SUMMARY !BACKGROUND: The City adopted the Admissions Tax in 2003 with a deferred effective date and has further
postponed the effective date in past budget cycles. Based on 2007/2008 budget direction, Council has decided to further
defer the effective date beyond 2010. .
. Another option the Council could consider is to repeal the tax for the time being.
OPTIONS CONSIDERED:
Option 1: Defer the effective date of the Admissions Tax to January 1, 2011
~Option 2: Repeal the Admissions Tax from the City Code.
STAFF RECOMMENDATION: None'
CITY MANAGER ApPROVAL:
DIRECTOR ApPROVAL: eM
C ittee
Council
COMMITTEE RECOMMENDATION: I move forwarding Option 2. to the full Council for first reading at the next
regular meeting on December 5, 2006. "
~"""-"
" ::2::>
Linda Koc
yZ.~~'
ar, Chair
PROPOSED COUNCIL MOTION: "1 move the proposed ordinance to second reading and approval at the next regular
meeting on December J 9, 2006. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
.0 DENIED
o TABLEDIDEFERREDINO ACflON
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
;:;/00
k:\fin\0708 budget\ordinance\admissions tax agbill.doc
.
.
.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, REPEALING THE
FEDERAL WAY CODE CHAPTER 14, ARTICLE IV,
DIVISION 3 RELATING TO ADMISSIONS TAX
(REPEALING ORDINANCE NUMBERS 02-432, AND 04-471).
WHEREAS, State law permits the City to levy a tax not to. exceed 5% on charges for
admission to recreation or amusement facilities and places; and
WHEREAS, the City of Federal Way adopted Ordinance No. 02-432 to provide increased
funding for Public Safety through admissions tax; and
WHEREAS, on December 7, 2004, through Ordinance No. 04-471, the City Council voted to
extend the effective date of the admissions tax to January 1,2007; and
WHEREAS, the City Council determined that the admission tax is not currently necessary for
public safety demands; and
WHEREAS, the City Council desires to repeal the admissions tax.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Repealer. Chapter 14, Article IV, Division 3 is hereby repealed as follows:
Division 3. ,"...dmissions Tax
14 151 Exereise of license revenue power.
The provisions ofthis chapter shall be deemed an exercise of the pov;er ofthe city of Federal
'Nay to tax for revenue. COrd. No. 02 432, ~ 3, 11 19 02)
ORD#
, PAGE 1
FHSRAC 11.28-06
1-5
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ORD#__,PAGE2
FHSRAC 11-28-06
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. . =::::::I::::~:'::I:::'e::::i:::::7:: :::::::=
e r ~ . . b liar ad","SI"" charge. (Qr<i. Ne. 02 4 ~~, p, II . 9 9~, G,d. N&.
G4 471, ~ 1, 12 7 01\1
!-4 154 Exempnolh
::~::: :1 be ~o"'pt frem any tax ffilposcd ""de< ~s chapler.
A rg€S fer ""y .el1V>\Y of e.,y ol_elltar)' 01" s...ndary oob<>oh
: :~~:::::ch are $059 or less
e) _'~' . " : f. ::1"00 hy a _ J'l"lil, tax ""Ollljllor b.";,,ation. (Ord. No. 1}2 432;
%-3, 1119 02-1
. ~ket::::::::=::::::~::::~::~I::::~~
:.;;:: ::::;;er eo~.,gdCVie'WffiOhV:::~~::=
~::::::: e::~::::~~:i::~:~~:~=~:::
I" '. I )c-lie! ...h>eh IS 10 eo lok"" '-'P hy tlJe ",,,,,,,gefll"'" oflb<> pi_ \0
W~:;::~::~~~::::::::a~;:~~:::::,:::,:::::
. ::: ~: ::::01" care ala ~ce in ""e~S eftlJe ~:::' ::~ ::
o 1. ,1 . I' e shall eo haGed on t\Je to..l s_ of tlJe o.,chbs\,eQ p"ce plus llBj'
. ORD#_ ,PAGE 4
fHSRAC. 11-28-06
I-B
service charge printed on the ticket-;-
(e) W ROO a charge is ",aae f()f a<lmission, a sigfl ",nst b. posted in a conspic"""n place"" IRe
.
entrance or ticket office ",bieh breaks do',':n the admission charge as f-oHows:
Established Price
ger.-ice Charge (if any)
City Tn~
:total Priee
(Ord. No. 02 ~32, ~ 3, 11 19 021
l4 156 Collection and payment of ta~
'IRe tax re~uirca to be eollocloa undor this oIlaptcr sl..ill be de...."" 10 be held in trust.y the
.
:~~""uir"" to collect ilie s..... ....Ii I rcBlittod to the directer as her~iB previ<led. An: ::a:: :
: _.:~:: due aHd '."'paid uBder tms chapter shall.e a aolllle the CIty efFederal W ay, ~::~
a p . e. hgatlOa ef t..taxpayer thai is r""a..ed t. ee lleot the 'B" ana shall.. a 11: ,::~ ::
: :':: pr.opert18.s o[tIre same. Smd hea shall have.pnenty ovcr all other hens ~d. ""1~~tlC:
e e Ie the state of WaslRngteB aHd the UBited Staton govemmeBl. Sma bOll shall Ile
eRforced by the director as any other lien would be enforced against a dcfaalting debtor.
(-I) Regular MOBtllly Ret_s. The 'tlJ{ impes"" Bndcr this oIlaptor sbell.o ""e aH<I payable in
m""thly installmeBts, ona re!flilt_e thereof shall bo made OB or .efer~ the fiflcCBlh ""y of tire
month following the end of the mon;~hly period in which the tax i::; collected:
MY person, including _ ",ufficipal or ~.....i mullicipal eOfjleratioa, wile reccives ony
7:lt for aHY a<lmissioa charge on wOiell a tox is 100ied ""der \His ebapter shall :1: ~:.:
~:. ~ ~:YfitteB return "1'en suell fenB and scttmg 10M such mful....alJea as the dnecter shall
.
ORD#
, PAGE 5
FHSRAC 11-28-06
1-9
.
.
.
reasonably require, and shall sign and transmit the same to the director with remittance for the
mTIo'.mt.
(2) One Time Retum::;. When.e\'cr a person makes an admission charge subject to the tax
levied in this chapter, and the activity, entertainment, amusement or exhibit is of a temporary or
transitory nature or there exists a reasonable q'..testion of financial responsibility, of which the
director shall be the judge, the director may require the report and remittance of the tax immediately
upon the collection of same, at the conclusion of the perfOlmance or exhibition, or at the conclusion
of the series of perfonnances or exhibitions or at such other times as the director shall detennine.
(Ord. No. 02 432, S 3, 11 19 02)
14 157 Deductions.
In computing the tax imposed by tlllS chapter, the following amount may be deducted from
the measure of the tax: Amount derived from business whichtlle city is prohibited f.orm tu'xing under
the Constitution or lav;s of this state or the Constitution or la"vs of the United States. COrd. No. 02
432, S 3, 11 19 02)
14 158 14 169 Reserved.
Section 2. Severability. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance
or the invalidity of the application thereofto any person or circumstance, shall not affect the validity
ofthe remainder of the ordinance, or the validity of its application to other persons or circumstances.
Section 3. Ratification. Aily act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
ORD#
, PAGE 6
FHSRAC 11.28-06
1-10
.
.
.
Section 4. Effective Date. This ordinance shall be effective five (5) days after its
passage, approval and publication as provided by law.
PASSED by the City Council of the City of Federal Way this _ day of
CITY OF FEDERAL WAY
MAYOR, MICBAELPARK
ATTEST:
CITY CLERK, LAURA BATBA WAY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\ordinance\2006\admissions tax repeal
ORD#
, PAGE 7
FHSRAC 11- 28-06
1-11
, 2006.
.
.
.
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.
(tl
.
_~~:Y.~_~~ l\!E!!~~E~ TE~_~~cemb~:._I, 2006
5-f
ITEM #: ::J...' e-
.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: FINANCING OPTIONS FOR THE ACQUISITION OF AMC THEATER SITE
POLICY QUESTION: Should the City Issue Bonds/Notes to Finance the AMC Site Acquisition?
COMMITTEE: Financt;, Human Services and Regional Affairs
MEETING DATE: November 28, 2006
CATEGORY:
o Consent
o City Council Business
IZI Ordinance
o Resolution
o
o
Public Hearing
Other
STAFF J!!:.?OR~ By: Iw~n Wang~ Management Services Director
))EPT: Management Services
ATTACHMENTS:
· Staff report dated November 21, 2006
· Preliminary draft ordinance
.
OPTIONS CONSIDERED:
1. Authorize the issuance of a two-year bond/note to finance the acquisition of the AMC site. however. it is a
condition of approval that sufficient portion of the City Center Redevelopment Fund would be preserved
to secure the repayment of the bond/note.
2. Authorize staff to use the current City Center redevelopment set-aside funds to acquire the site.
STAFF RECOMMENDATION: Staffrecornmends approving Option 1.
C!TYMANAGERApPROVAL: ~ ~ DIRECTOR ApPROVAL: ~ U/L ~../
Committee Council Committee {J (4~
COMMITTEE RECOMMENDATION: Approve Option 1 with the condition and forward the draft ordinance for full
Council consideration/first reading at .the December 5, 2006 Council meeting and authorize City Manager and/or
designee to execute necessary loan documents upon the effective date of the Ordinance, to allow closing ofthe loan in
2006.
;;;5..IU.-
k~
Linda Kochmar, Chair
Jeanne Burbidge, Member
Jack Dovey, Member
PROPOSED COUNCIL MOTION: "I move the ordinance to December 19, 2006 Council Meetingfor second reading
and enactment. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
.0 T ABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/0612006
COUNCIL BILL #
I ST reading
Enactment reading .
ORDINANCE #
RESOLUTION #
~s .
I S'IOG
/
1
COUNCIL MEETING DATE: December 5, 2006 .
ITEM#:~
.
CITY OF FEDERAL WAY , a
CITYC.OUNCIL ;; SIffJ/ ju.,/
, AGENDA Bfi,L ~ . ~
. ( ~(f
pr/1j,~
SUBJECT: FINANCING OPTIONS FOR THE ACQUISITION OF \\MC THEATER SITE
, \
POLICY QUESTION: Should the City Issue BondsINotes to Finance the AMC Site Acquisition?
COMMITTEE: Finance, Human Services and Regional Affairs M'EETING DATE: November 28, 2006
/ .
/
o City Council Business
~
o
Ordinance
Resolution
o
o
Pub~ic Hearing
Other
CATEGORY:
o Consent
STAFF REpORT By: Iwen Wang, Management Services Direct r DEPT: Management Services
ATTACHMENTS: . ~~ "'~f I) A-
· Staff report dated November 21, 2006. . I. , .
· preli~nary.fftordinanc~ _ C~ j...r h e'l; ~ .Rdt~~rj
OPT~~N~:~D:~ . 1J.-t . ~ P- ~/ ~ ~ 1b
1. Authorize the issuance of a two-year bond/note to finance the acquisition of the AMC site] ~
2. Authorize staffto use the current City Center redevelopment set-aside funds to acquire the site.
.____ ___ '. .. ____~~~~-1JL ,
STAFF RECOMMENDA TlON: Staff recommends approving Option 1. ~ ~ #
CITY MANAGER ApPROVAL:' ~ ((5ii;::J DIRECTO~ ApPROVAL: \ W ~w
C ittee ~J Committee . C unci!
COMMITTEE RECOMMENDATION: Approve Option 1 and forward the draft ordinance. for full Council.
consideration/first reading at the December 5, 2006 Council meeting and authorize City Manager and/or designee to
execute necessary loan documents upon the effective date of the Ordinance, to allow closing of the 10~n in 2006.
PROPOSED COUNCn. MOTION: "] move the. ordinance to December 19, 2006Counci! Meetingfor second reading
and enactment. "
(BELOWTO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1sT reading
Enadment reading
ORDINANCE #
RESOLUTION #
.
.'
.
.
CITY OF FEDERAL WAY
STAFF REPORT
Date:
To:
November 21, 2006
FinanGe, Human Services & Regional Affairs Committee
Neal Beets, City Manager
Iwen Wang, Management Services Director
Financing Options for the Acquisition of the AMC Theater Site
Via:
From: .
Subject:
BACKGROUND:
The City has entered into a purchase and sale agreement ("Agreement") for the acquisition of the AMC
Theater site ("Site") from Cratsenberg Properties. The terms of the Agreement provide the purchase price of
. $4.1 million which is due, if all contingencies are removed, at closing. Closing could be as soon as January 2,
2007.
The City has $5 million set aside now and will be adding $1 million during the next biennium to the City
Center Redevelopment Fund; therefore, it is possible for the City to acquire the property without fmancing any
portion of the acquisition cost.
This memorandum will first address the pros and cons of using existing City funds vs. borrowing money for
the acquisition. Next we'll address the options, should Council elect to borrow, the type of borrowing, and the
length of time.
1. USE EXISTING FUNDS VS. BORROWING
The reason that the City is acquiring this property is to solicit qualified developer(s) to develop projects
that are consistent with the City Council's vision for the downtown and to serve as the catalyst or
example for additional redevelopments in the City Center.
With this purpose in mind, the City's role and intent for this property is to hold it only on an interim
basis, and to recover the acquisition cost upon transferring it to qualified developer(s). Given the
location, size of the Site, and current development market, staffbelieves the process of fmding desirable
developer(s) and entering into a development agreement and transferring the property to a private entity
should take no more than two years. .
. Reasons FOR external borrowing:
a) Borrowing Cost vs. Investment Revenue:
With the City's ability to borrow funds at a tax-exempt rate and invest in taxable instruments, the
City can typically borrow at a rate lower than it could receive from investing the money for the
same duration. Currently a two-year bank note will cost around 3.7% to 4.1 %. At the same time,
the current rate ofretum on city investments is around 5.3% on overnight deposits, and around
5.4% on a two-year agency or Treasury notes. Therefore, the City would do better to borrow
money to finance the purchase and invest the funds in-hand.
b) Opportunity Cost:
The $4.1 million represents around 80% ofthe existing Redevelopment funds available. Using
$4.1 million to acquire the Site would lock away this substantial portion ofthe Fund for up to two
years. Should other development opportunities arise during this period, they could be prevented
P:\NMN\NMN2V2 11/22/06
.
.
.
from achievement due to a lack of city funds. The effect of such lost opportunity could easily
exceed the City's borrowing cost.
Reasons AGAINST external borrowing:
a) Market Risk
The Market Risk is the potential that the City may not be able to sell this property for the original
purchase price. Market risk is primarily a consideration when deciding whether to purchase the
property. It is relevant to financing only to the extent that should the City end up selling the
property at a level below the amount being borrowed, the City will need to find additional
resources to repay the debt.
While the possibility always exists that the economy and market conditions can change and affect
the property value negatively, staff believes the chance of a substantial negative change occurring
in the next 18 to 24 months is slim. It is more likely that the City may consider transferring the
property at less than full market value in exchange for specific design elements, and/or public
space/use components that best meet public interest. In which case, the City may decide whether
to use the Redevelopment Fund to make up this difference.
b) Interest Rate Risk
The rate advantage discussed above is based on current borrowing and investment conditions.
Since the majority of City funds are invested on a very short term basis, the difference between the
investing and borrowing rates may be narrowed or even turri negative should the interest rate turn
substantially lower than when the borrowing occurred. However, with the short term nature of the
loan and the current interest rate outlook, it is unlikely the City will be exposed to substantial risk
in the next two years.
2.
TYPES OF FINANCING:
a) Bond vs. Bank Loan:
Depending on the length and amount of funding needs and the use of the proceeds, there are
various types of financing options. Typically, cities use a public offering process to issue long-
term bonds. Public offerings provide a broad market exposure of the bonds. and are likely to
provide the most favorable borrowing rates. The out-of-pocket cost of such a traditional bond
issuance runs about 1 % of the amount borrowed.
In addition to the out of pocket costs, a public offering requires substantially more public
disclosure documents, requires more staff work to complete, and the process takes longer to
finalize.
These added costs and processes, when spread over the longer term, are worthwhile when the
resulting borrowing rate is lower. For short-term borrowings, however, the issue costs will have
less years to amortize and thus effectively eliminate the rate advantage of a public offering.
Therefore most entities would elect to use bank loans for short term, small borrowing (less than $5
million) needs.
A bank loan requires substantially less financial and legal documents, no formal rating process, and
can be done in a very short period of time. To ensure the rates are competitive, one could request
quotes from multiple banks, and also compare rates from recent publicly sold bonds.
Staff contacted six banks/financial institutions for rates, terms, and issue costs. Based on the initial
response, Bank of America presented the most favorable proposal, followed closely by Cashmere
P:INMN\NMN2V2 11122/06
.
.
.
Valley Bank and Key Bank. In addition, these proposals are very competitive when compared with.
publicly offered bonds.
b) Terms of Borrowine::
From the same preliminary proposals we have received, fixed rate loans are actually cheaper than
the initial rate for variable rate loans. Also, the rate difference between 2-year, 3-year, or 5-year
terms vary only slightly. However, if the City ends up not needing the funds for the borrowed
period, there is generally a prepayment penalty clause that requires the City to buyout the
difference if the market rate falls below the note rate.
Based on the time staff thinks is needed to go through a developer selection and conveyance
process, staff would recommend an initial borrowing term of two years. , At the end of this initial
two year period, the City can negotiate an extension and/or refinance the note, if needed.
c) Timine: of Issuance:
Under IRS arbitrage regulation, a small issuer (up to $5 million a year) may issue tax exempt bonds
without needing to make arbitrage calCulations or payments. Another IRS rule says that, if the City
does not issue more than $10 million in bonds in a given year, then those bonds are "bank
qualified." A "bank qualified" bond is one that a bank/financial institution can hold in their
portfolio and count as their required reserves, which makes it a desirable investment instrument for
banks, which translates into more favorable interest rates for the City.
With the potential closing of the property purchase to occur in early January, and that the City has
not used any of our small issuer capacity or "bank qualified" loan capacity in2006, it would be
ideal to issue the bond/note in 2006, thus preserving our 2007 capacity for future borrowing should
needs arise.
STAFF RECOMMENDATION:
Staff recommends Council finance the purchase of the AMC Theater Site by borrowing $4.1 million on a two-
year tax -exempt bond/note from an area bank based on the most favorable [mal proposal received, and proceed
with the closing of the bond/note in 2006.
P:INMNINMN2V2 11122106
.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON PROVIDING FOR THE
ISSUANCE AND SALE OF A LIMITED TAX GENERAL
OBLIGATION BOND OF THE CITY IN THE AGGREGATE
PRINCIPAL AMOUNT OF $4,100,000 TO FINANCE PUBLIC
PROJECTS AND PROVIDE FOR THE TERMS OF AND
APPROVING THE SALE OF SUCH BOND.
WHEREAS, the City Council (the "Council") ofthe City of Federal Way, Washington (the
"City"), has determined that it is in the best interest ofthe City and its residents to issue a limited tax
general obligation bond to finance public projects, including property acquisition, demolition,
planning, construction and refinancing (collectively, the "Project"); and
. WHEREAS, Bank of America, N.A. (the "Bank"), has offered to purchase the bond on the
. terms and conditions set forth herein.
NOW, THEREFORE, THE CITY COUNCil.., OF THE CITY OF FEDERAL WAY,
.
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.. Definitions. As used in this ordinance, unless a different meaning clearly
appears from the context:
"Bank" means Bank of America, N.A.
"Bond" means the "City of Federal Way, Washington, Limited Tax General Obligation Bond,
2006" in the principal amount of $4, 1 00,000 authorized by this ordinance.
"Bond Account" means the "City of Federal Way Limited Tax General Obligation Bond
Account, 2006," established pursuant to Section 6 of this ordinance.
"Bond Register" means the books or records maintained by the Bond Registrar for the
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registration and transfer of the Bond containing the name and mailing address of the owner of the
Bond or nominee of such owner and such other information as the Bond Registrar shall determine.
"Bond Registrar" means the Management Services Director ofthe City who will register and
authenticate the Bond, maintain the Bond Register, effect transfer of ownership ofthe Bond and pay
principal of and interest on the Bond.
. "City" means the City of Federal Way, Washington, a municipal corporation duly organized
and exiting under the laws of the State of Washington.
"Code" means the federal Internal Revenue Code of 1986, as amended from time to time, and
the application regulations thereunder.
"Council" means the general legislative authority of the City as the same shall be duly and
, regularly constituted from time to time.
"Proiect" means the public projects, including property acquisition, demolition, planning,
construction and refinancing of City property.
"Proposal" means the proposal submitted by the Bank to purchase the Bond and attached as
Exhibit A.
Section 2. Findings and Authorization of the Proiect. The City Council hereby finds that
it is in the public interest for the City to undertake the Project. The cost of the Project will be
financed from the proceeds of sale of the Bond. If the City Council shall determine that it has
become impractical to acquire or accomplish any portion of the Project by reason of changed
conditions, the City shall not be required to acquire or accomplish such portions of the Project. If
any portion of the Project has been acquired or constructed or duly provided for, or found to be
impractical, the City Council may apply the Bond proceeds or any portion thereofto the redemption'
of the Bond or to other capital purposes as the City Council, in its discretion, shall determine. The
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11/30/06
estimated cost of the Project and the costs of issuance of the Bond is hereby estimated to be about
. $5,000,000..
Section 3.
Authorization ofthe Bond. The Council hereby authorizes the issuance and
sale of a limited tax general obligation bond ofthe City in the total principal amount of$4, 1 00,000.
The bond shall be designated the "City of Federal Way, Washington, Limited Tax General
Obligation Bond, 2006," (the "Bond"). The Bond shall be issued in fully registered form, shall be
numbered, shall be dated as of its date of delivery to the Bank, shall bear interest at the rate per
animm of _ %, until the Bond has been paid or its payment duly provided for and shall mature
two years from the date of its delivery.
Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day
months. Interest shall be payable on the first day ofthe month that is at least 90 days from the date
of closing, and quarterly thereafter, and at maturity or upon prepayment. All principal of the Bond
.
shall be paid at maturity or upon prepayment.
Principal of and interest on the Bond shall be payable as described in Section 4 below. If the
, .
Bond is not redeemed when properly presented at its maturity or call date, the City shall be obligated
to pay interest on the Bond at two percentage points in excess of the rates specified above, from and
after the maturity or call date until the Bond, both principal and interest, is paid in full.
Section 4.
Registration. Payment and Transfer. The City's Management Services
Director shall act as authenticating trustee, transfer agent, paying agent and registrar for the Bond
(collectively, the "Bond Registrar"). Both principal and interest on the Bond shall be payable in
lawful money of the United States of America. Installments of principal of and interest on the Bond
shall be paid by check or draft of the Bond Registrar mailed (on the date such interest is due) to the
.
registered owner or nominee at the address appearing on the Bond Register. Upon final payment of
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I 1130106
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all installments and interest thereon, the Bond shall be submitted to the Bond Registrar for
cancellation and surrender.
The Bond may be transferred only on the Bond Register maintained by the Bond Registrar for
that purpose upon the surrender thereof by the registered owner or nominee or his/her duly
authorized agent and only if endorsed in the manner provided thereon, and thereupon a hew fully
registered Bond of like principal amount, maturity and interest rate shall be issued to the transferee in
exchange therefore. Such transfer or exchange shall be without cost to the registered owner or
transferee.
Section 5.
Prepayment. The City reserves the right to prepay the Bond in whole or in
part at any time by paying the principal amount thereof to be prepaid together with accrued interest to
the date of prepayment. If the Bond is prepaid, whether by voluntary prepayment or otherwise, the
prepayment may result in the imposition of a prepayment fee. The prepayment fee shall be in an
amount sufficient to compensate the Bank: for any loss incurred by it as a result ofthe prepayment, as
documented by the Bank:, including any loss arising from the liquidation or reemployment of funds
obtained by it to maintain the funds used to purchase the Bond, or from fees payable to terminate the
deposits from which such funds were obtained. The Bank shall be deemed to have funded the
purchase ofthe Bond by a matching deposit or other borrowing in then applicable interbank market,
whether or not the Bond was in fact so funded. In no case shall a prepayment fee apply if the Bank's
internally derived cost offunds is higher on the date of prepayment than it was on the date the fixed
rate ofthe Bondwas set.
Section 6. Bond Account. A special account of the City to be known as the "City of
Federal Way Limited Tax General Obligation Bond Account, 2006" (the "Bond Account") is hereby
authorized to be created by the Management Services Director. The Bond Account shall be drawn
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11130/06
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.
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upon for the sole purpose of paying the principal of and interest on the Bond. Money on deposit in
the Bond Account not immediately needed to pay such interest or principal may temporarily be
deposited in such institutions or invested in such obligations that are legal investments for City
funds. Any interest or profit from the investment of such money shall be deposited in the Bond
Account. Any money remaining in the Bond Account after payment in full ofthe principal of and
. interest on the Bond may be transferred to the general fund of the City, and the Bond Account shall
be closed.
The Bond is a general obligation of the City. The City hereby irrevocably covenants that it
will include in its budget and levy an ad valorem tax, within and as a part of the tax millage levy
p~rmitted to cities without a vote of the people, upon all the property within the City subject to
taxation in an amount which will be sufficient, with other money legally available therefore, to pay
the principal of and interest on the Bond as the same shall become due. The full faith, credit and
resources ofthe City are hereby irrevocably pledged for the annual levy and collection of such taxes
and the prompt payment of such principal and interest. The pledge oftaxlevies may be discharged
prior to maturity of the Bond by making full provision for the payment thereof.
Section 7. Application of Bond Proceeds. Proceeds received from the Bond shall be
deposited in an account designed by the Management Services Director and be used to finance the
Project pursuant to Section 2 and pay costs of issuing the Bond. Money in such account shall be
invested in legal inves,tments for City funds. Upon completion of such acquisition or a decision not
to complete any portion ofthe proposed property acquisition, any remaining money in the fund shall
be transferred to the Bond Account or used for other capital purposes.
Section 8.
Lost, Stolen or Destroyed Bond. In case the Bond shall be lost, stolen or
destroyed, the Bond Registrar may execute and deliver a new Bond of like date and tenor to the
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.
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owner upon the owner paying the expenses and charges of the City and upon filing with the Bond
Registrar evidence satisfactory to 'the Bond Registrar that such Bond was actually lost, stolen or
destroyed and of its ownership thereof, and upon furnishing the City with indemnity satisfactory to
the City.
Section 9.
Form and Execution of the Bond. The Bond shall be in substantially the
following form:
UNITED STATES OF AMERICA
NO. R-1
$4,100,000
. STATE OF WASHINGTON
CITY OF FEDERAL WAY, WASHINGTON
LIMITED TAX GENERAL OBLIGATION BOND, 2006
REGISTERED OWNER:
BANK OF AMERICA, N.A.
INTEREST RATE:
%
MATURITY DATE:
DECEMBER 28, 2008
PRINCIPAL AMOUNT:
FOUR MILLION ONE HUNDRED THOUSAND AND NOll 00
DOLLARS
The City of Federal Way, Washington (the "City"), a municipal corporation organized and
existing under the laws of the State of Washington, hereby acknowledges itselfto owe and for value
received promises to pay, but solely from the Bond Account hereinafter identified, to the Registered
Owner identified above on December 28, 2008, the principal sum of$4, 1 00,000. Amounts received
under this Bond shall bear interest at the rate identified above, as set forth in Ordinance
No. of the City, passed on December 19, 2006 (the "Bond Ordinance"). Interest on this
Bond shall accrue from the date money is received, until paid and shall be computed on the basis of a
360-day year and the actual days elapsed. Interest shall be payable quarterly, beginning [April] 1,
2007, and at maturity or upon early prepayment. Principal on this Bond shall be paid on the Maturity
Date identified above. Upon payment ofthis Bond in full, the Registered Owner shall surrender this
Bond at the office of the Management Services Director of the City for cancellation. Both principal
orand interest on this Bond are payable in lawful money ofthe United States of America.
The City may prepay this Bond in whole or in part at any time by paying the principal amount
thereof to be prepaid together with accrued interest to the date of prepayment. A prepayment fee
may apply, as set forth in the Bond Ordinance. Interest shall cease to accrue on the date this Bond is
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prepaid in full.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Ordinance until the Registration Certificate hereon shall have
been manually signed by the Bond Registrar. Reference is made to the Bond Ordinance for
definitions of capitalized terms.
This Bond ~as been designated as a "qualified tax-exempt obligation" for banks, thrift
institutions and other financial institution.
This Bond is issued pursuant to the Bond "Ordinance for the purpose of financing capital
projects of the City, all in conformity with the Constitution and laws of the State of Washington.
The City has irrevocably covenanted that it will deposit in the Limited Tax General
Obligation Bond Account, 2006 of the City authorized to be maintained by the Bond Ordinance,
taxes levied, bond proceeds or refunding proceeds, in amounts which, together with other moneys of
the City legally available therefore, will be sufficient to pay the principal of and interest on this Bond
as the same shall become due.
It is hereby certified and declared that this Bond is issued pursuant to and in strict compliance
with the Constitution and laws of the State of Washington and ordinances of the City and that all
acts, conditions and things required to be done precedent to and in the issuance ofthis Bond have
happened, been done and performed.
IN WITNESS WHEREOF, the City of Federal Way, Washington, has caused this Bond to be
executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile
signature ofthe Clerk, and the seal of the City to be imprinted or impressed hereon as ofthe 28th day
of December, 2006.
CITY OF FEDERAL WAY
/s/ manual or facsimile
MAYOR, MICHAEL PARK
ATTEST:
/s/ manual or facsimile
CITY CLERK, LAURA HATHA WAY, CMC
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.
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REGISTRATION CERTIFICATE
This Bond is registered in the name ofthe Registered Owner on the books of the City, in the
office ofthe Management Services Director (the "Bond Registrar"), as to both principal and interest,
as noted in the registration blank below. All payments of principal of and interest on this Bond shall
be made by the City with full acquittance by the Bond Registrar' swire transfer, made payable to the
last Registered Owner as shown hereon and on the registration books ofthe Bond Registrar at hislher
address noted hereon and on the registration books of the Bond Registrar.
Date of
Registration
Name and Address of
. Registered Owner
Bank of America, N.A.
800 Fifth Avenue, Floor 34
Seattle, W A 98104
Signature of
Registrar
December 28, 2006
Management Services
Director
Section 10. Execution. The Bond shall be executed on behalf of the City with the manual
or facsimile signature of its Mayor, shall be attested by the facsimile or manual signature ofthe City
Clerk and shall have the seal of the City impressed or imprinted thereon.
Only such Bond as shall bear thereon a Registration Certificate in the form recited above,
manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to
the benefits of this ordinance. Such Registration Certificate shall be conclusive evidence that the
Bond so authenticated has been duly executed, authenticated and delivered hereunder and is entitled
to the benefits of this ordinance.
If any officer whose signature appears on the Bond ceases to be an officer of the City
authorized to sign bonds before the Bond beating his or her signature is authenticated or delivered by
the Bond Registrar or issued by the City, the Bond nevertheless may be authenticated, delivered and
issued and, when authenticated, issued and delivered, shall be as binding on the City as though that
person had continued to be an officer of the City authorized to sign bonds. Any Bond may also be
signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an
officer of the City authorized to sign bonds, although he or she did not hold the required office on the
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.
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date of issuance of the Bond.
Section 11. Sale of the Bond. The Council hereby authorizes the sale of the Bond to the
Bank pursuant to the terms ofthe Bank's Proposal attached hereto and authorizes the Management
Services Director to accept a binding offer from the Bank consistent with the Terms of the Proposal.
Upon delivery of the Bond, the City shall pay to the Bank a fee and reimburse the Bank for its legal
fees as provided in the Bank's Proposal, which payments shall be made by check, wire transfer or
other mutually acceptable means.
Section 12. Tax Covenant; Special Designation. The City hereby covenants that it will not
make any use of the proceeds of sale of the Bond or any other funds of the City which may be
deemed to be proceeds of such Bond pursuant to Section 148 of the Code which will cause the Bond
to be an "arbitrage bond" within the meaning of said section and said regulations. The City will
comply with the requirements of Section 148 of the Code (or any successor provision thereof
applicable to the Bond) and the applicable regulations thereunder throughout the term ofthe Bond.
The City further covenants that it will not take any action or permit any action to be taken
that would cause the Bond to constitute a "private activity bond" under Section 141 of the Code.
The City hereby designates the Bond as a "qualified tax-exempt obligation" under
Section 265(b )(3) of the Code for banks, thrift institutions and other financial institutions. The City
does not expect to i~sue more than $10,000,000 in qualified tax -exempt obligations during calendar
year 2006.
Section 13. Default. The City hereby covenants with the Bank that the following shall
constitute Events of Default: (a) nonpayment of principal, interest, fees or other amounts when due;
or (b) failure to maintain the tax -exempt status of the Bond. So long as an Event of Default has
occurred and is continuing hereunder, outstanding principal amounts will bear interest at a default
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r
rate equal to the Interest Rate (as set forth in the Bond) plus two percentage points.
Section 14. Ongoing Disclosure and Reporting Requirements. The City is exempt from
the ongoing disclosure requirements of Securities and Exchange Commission Rule 15c2-12 by
reason of the exemption set forth in subsection (d) (i) of that rule with respect to the issuance of
securities in authorized denominations of $1 00,000 or more. The City, however, hereby covenants
and agrees for as long as the Bond remains outstanding that it will provide annually to the Bank
copies of (a) its audited financial statements for each fiscal year, within 10 days of receipt thereof;
(b) the City's internally-prepared, unaudited annual financial statement, within seven months ofthe
end of the fiscal year, and (c) the City's biennial budget for the new period within 45 days of
commencement of the new budget cycle.
Section 15. Ratification: General Authorization. The Mayor, City Manager or the
Management Services Director and other appropriate officers ofthe City are authorized to take any
actions and to execute documents as in their judgment may be necessary or desirable in order to carry
out the terms of, and complete the transactions contemplated by, this ordinance. All acts taken
pursuant to the authority of this ordinance but prior to its effective date are hereby ratified.
Section 16. Severability. If any provision in this ordinance is declared by any court of
competent jurisdiction to be contrary to law, then such provision shall be null and void and shall be
deemed separable from the remaining provision of this ordinance and shall in no way affect the
validity of the other provisions ofthis ordinance or ofthe Bond.
Section 17. Effective Date. This ordinance shall become effective five days after its
passage and publication as required by law. .
PASSED by the City Council of the City of Federal Way this
, 200_.
day of
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.
.
ATTEST:
CITY OF FEDERAL WAY
MAYOR, MICHAEL PARK
CITY CLERK, LAURA HATHAWAY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
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CERTIFICATE
.
I, the undersigned, Clerk of the City of Federal Way, Washington (the "City"), and keeper of
the records of the City Council (herein called the "Council"), DO HEREBY CERTIFY:
1. That the attached ordinance is a true and correct copy of Ordinance No. of
the, Council (herein called the "Ordinance"), duly passed at a regular meeting thereofheld on the 19th
day of December, 2006.
2. That said meeting was duly convened and held in all respects in accordance with law,
and to the extent required by law, due and proper notice of such meeting was given; that a legal
quorum was present throughout the meeting and a legally sufficient number of members of the
Council voted in the proper manner for the passage of said Ordinance; that all other requirements and
proceedings incident to the proper passage of said Ordinance have been duly fulfilled, carried out and
. otherwise observed; and that I am authorized to execute this certificate.
I have hereunto set my hand this _ day of
,20_.
CITY CLERK, LAURA RATRA WAY, CMC
.
P:\NMN\NMN2V2 J 1130/06
EXHIBIT "A"
.
BANK'S PROPOSAL
Bankof Ame(JCa ~
~
Nancy Nuerenberg
Senior Vice Pre~ldent
Gov<mment Banking
WAl.501.34..o3
SOO 5th Avcnu., 34th Floor
Seallle, W A 98104
Tel 206.358.627'1
Fax 206.358.8818
nancy, d.nuerenberg@bankofll1llericacom
November 21, 2006
Ms. !wen Wang
Management Services Director
City of Federal Way .
33325 8th Ave S
pO Box 9718
Federal Way, WA 98063-9718
Re: City of Federal Way, LTGO Note
Dear !wen:
Bank of America, NA is pleased to provide the attached proposal to provide short-teon financing
to the City of Federal Way. The proceeds will be used to acquire real estate for future downtown
redevelopment.
.
The rates and teons for the Credit Facility are attached to this letter, as Exhibit A, Summary of
Teons and Conditions. The teons and conditions are not.all-inclusive, but generally describe the
proposal offered to the City.
We appreciate the opportunity to present you with this proposal and look forward to working with you
on this financing. Please call either me at (206) 356-6279, or Tana Aardal at
(206) 358-8935 to discuss any question or comments you may have regarding this proposal.
Sincerely,
Bank of America, N,A.
1r7-f/~
Nancy D. Nuerenberg, SVP
Senior Credit Products Officer
cc: Nancy Neraas, Preston Gates & Ellis llP
Alan Schulkin, Schulkin law
Tana Aardal, Bank of America
Brennan Church, Bank of America
.
.
City of Federal Way
November 21, 2006
Page 2 of4
BORROWER:
LENDER:
FORM OF CREDIT:
PURPOSE:
MATURITY DATE:
CLOSING DATE:
SECURITY:
INTEREST RATE:
.
REPAYMENT:
ORIGlNA nON FEE:
.
BankofAmerica -.
~~
Exhibit A
Summary of Terms and Conditions
CITY OF FEDERAL WAY, WASHINGTON
City of Federal Way, Washington ("Borrower")
Bank of America, NA ("Bank of America")
$4,100,000 Tax-Exempt, Bank Qualified, L TOO Note (the "Credit
Facility").
Proceeds of the Credit Facility -Mil be used to purchase land for
future dO'Nl1to'Nl1 redevelopment.
Borrower's option of one of the following:
Two years tom closing, estimated at December 28,2008;
Three years from closing, estimated at December 28, 2009; or
Five years tom closing, estimated at December 28. 2011.
Estimated to close on December 28,2006.
Limited Tax General Obligation of Borrower.
A rate per year equal to a Fixed Rate which is set for the full term of
the Credit Facility.
Indicative F.ixed Rates as of November 20,2006 are as follows:
Two year maturity: 3.68%
Three year maturity: 3,69%
Five year maturity: 3.74%
The interest rate may be locked after. Finance Committee
.recommendation to proceed based on mutual agreement by
Borrower and Bank of America, and subject to market costs incurred
by Bank of America to provide such a rate lock.
Interest is calculated on the basis of a 36D-day year comprised of
3D-day months. The pricing indicated. above is based on the entire
Credit Facility being disbursed to Borrower at closing.
The Credit Facility shall be repaid in quarterly payments of accrued
interest. The outstanding principal balance is due in full on the
Maturity Date,
Borrower agrees to pay Bank of America an origination fee of 0,05%
of the amount of the Credit Facility ($2,050), payable at closing,
This fee shall be deemed fully earned upon closing.
.
City of Federal Way
November 21, 2006
Page 3 of4
BallkofAmeriea .~
~~
EXPENSES:
Borrower will pay all reasonable costs and expenses associated with
the preparation and review of all documentation executed in
connection with the Credit Facility, including Bank of America's
attomey fees (not to exceed $600.00), whether or not the Credit
Facility is closed; Borrower's outside legal counsel fees; and any
other costs associated with documenting and closing the Credit
Facility.
.
Borrower may prepay this Credit Facility in \MIole or in part prior to
its scheduled Maturity Date by paying the principal amount thereof
to be prepaid together with accrued interest to the date of
prepayment. .
Any such prepayment may result in th e imposition of a prepayment
fee. The prepayment fee shall be in an, amount sufficient to
compensate Bank of America for any loss incurred by it as a result
of the prepayment, as documented by the Bank of America,
including any loss arising 1Tom the liquidation or reemployment of
funds obtained by it to maintain the funds used to purchase the
Credit Facility or1Tom fees payable to tenninate the deposits from
\MIich such funds were obtained. For purposes of this paragraph,
Bank of America shall be deemed to have funded the purchase of
the Credit Facility by a matching deposit or other borrowing in the
applicable interbank market, \MIether or not the Credit Facility was
in fact so funded, In no case shall a prepayment fee apply ifthe
Bank of America's intemallyderived cost offunds is higher on the
date of prepayment than it was on the date the fixed rate ofthe
Credit Facility was set.
REPRESENTATIONS AND Usual and customary for transactions of this type. In addition,
WARRANTIES: Borrower shall provide an unqualified legal opinion of nationally
recognized bond counsel, in form and substance acceptable to Bank
of America and its legal counsel, that (i) the Ordinance and all
documents related to the Credit Facility have been properly adopted,
authorized and executed; (ii) the Ordinance and all documents
related to the Credit Facility constitute legally binding obligations of
the Borrowe.r, enforceable according to their terms; and ~ii) interest
payable on the Credit Facility is excludable from gross income for
purposes of federal income taxes. Bank of America is prepared to
accept the opinion of Preston Gates & Ellis LLP as Bond Counsel for
Borrower.
PREPAYMENT FEES:
EVENTS OF DEFAULT:
Usual and customary in transactions of this type.
If an event of default occurs due to (i) nonpayment of principal,
interest, fees or other amounts when due, or ~i) failure to maintain
the tax exempt status of the Credit Facility, then Bank may increase
the interest rate spread by two percentage points (2.0%).
.
.
City of Federal Way
November 21, 2006
Page40f4
Bank of America ~
+4>
FINANCIAL REPORTING . Borrower to provide financial intonnation and statements in fonn and
REQUIREMENTS: content acceptable to Bank of America indicated below.
Annual State Audit Report of Borrower, within 10 days of
receipt iTom State Auditor.
Borrower's internally prepared unaudited annual financial
statement within seven month s of its fiscal year end.
Borrower's biennial budget, within 45 days of commencement
ofthe new budget cycle.
DOCUMENTATION: Borrower agrees to execute loan documents in a tonn and in
substance satisfactory to Bank of America and its legal counsel,
Alan Schulkin, Final loan documents may contain tenns and
conditions that are different from or in addition to those stated in this
letter.
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO
FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER
WASHINGTON LAW.
.
.
.
.
.
.
.
.
COUNCIL MEETING DATE: Dec. 19, 2006 ITEM #: 5-g
-.------.-----.----.--.---..----------------.-.-----------..--.------------------
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CITY OF FEDERAL WAY
CITY COUNCIL'
AGENDA BILL
SUBJECT: 2007 Legislative Agenda
POLICY QUESTION: Should the City Council adopt a legislative agenda for 20077
COMMITTEE: FHSRAC
MEETING DATE: Nov. 28, 2006
CATEGORY:
[gI Consent
o City Council Business
STAFF REpORT By: Derek Mathes
o Ordinance
Resolution
o
o
Public Hearing
Other
DEPT: City Manager
Background: Attached is a draft 2007 Legislative Agenda revised by staff from last year's version. It
emphasizes issues that are important to the City and likely to arise before the State Legislature and U.S. Congress
in 2007. Doug Levy will make an oral presentation at the FHSRAC meeting.
Attachments: 1) Memo from Doug Levy; 2) draft 2007 Legislative Agenda
Options Considered:
1. Approve the ' draft 2007 Legislative Agenda
2. Direct staff to return to FHSRAC with modifications
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STAFF RECOMMENDATION: Option 1
CITY MANAGER ApPROVAL: ~
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COMMITT~E RECOMMENDATlON:foVlV4YtA..~. 1<<>1 LtP.f'?l&iji~ ~
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, Coftrmittee Chair,
DIRECTOR ApPROVAL:
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PROPOSED COUNCIL MOTION: "1 move approval of the committee recommen
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
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,~ Federal Way
DATE:
November 22, 2006
TO:
City Council's Finance, Human Services, and Regional Mfairs
Committee (FHSRAC)
FROM:
. Doug Levy
Government Affairs Consultant/Contract Lobbyist
SUBJECT:
2007 Legislative Agenda
RESPONSE NEEDED:
Review of Legislative Agenda and revisions from prior
year, followed by Policy Direction as to what changes are
needed to finalize the document
As you know, the City uses an adopted Legislative Agenda as the year-to-year platform to guide
my work and actions on your behalf in Olympia. With the 2007 Session of the Legislature
drawing nearer, we have again endeavored to update and revise the Agenda, which we now bring
to you for review and policy direCtion.
The yearly Agenda is built through consultation and meetings with City Department Heads,
information regarding issues being considered by the Association of Washington Cities (A WC),
and a working knowledge of what spillover and emerging issues will be impacting local
government in the coming session of the Legislature.
In the Legislative Agenda, we work to delineate which items are most important for the City and
thus warranting the most energy and advocacy ("Active"), and which ones are important, but
more likely involve the City's support or opposition of efforts initiated by others ("Support").
For 2007, we are recommending the following as "Active" items, meaning they will be issues I
am prepared to spend significant time advocating and working on:
· Home Rule - an annual staple of our agenda.
· Transportation - Protecting project funding, RTID, and governance top the list.
· Capital Budget requests - Camp Kilworth funding is our No. I priority
.' Streamlined Sales Tax (SST) - in particular, local sales tax 'sourcing' changes
· Opposing unfunded mandates, guarding against measures that negatively impact tax
authority and revenue. As with home rule, an annual staple of the agenda
· Local revenue, infrastructure and economic development tools
· Auto theft prevention and stepped-up penalties for auto theft
· Domestic violence prevention - strong support for our legislators should they seek model
legislation expressly authorizing the type of ordinance the City enacted to crack down on
DV offenses in the presence of children
· Tourism issues - flexibility in how hotel/motel taxes may be expended, and state funding
assistance for the Han Woo-Ri Korean Festival.
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A listing of all the "Support" items is too lengthy to reference here, but can be found in the
accompanying Agenda document.
Below you will find information on specific changes made in the Agenda document from 2006 to
2007.
SPECIFIC CHANGES FROM 2006 TO 2007
Updates
· The Home Rule, avoid unfunded mandates, and oppose tax authority erosion items in
"Active"
Updated language, examples, and verbiage applauding the 2006 Legislature for its
sensitivity in these areas.
· Transportation - The Regional Transportation Investment District (RTID) item under
"Active"
New language to reflect a possible request for single-ballot authority.
· Capital Budget Requests ("Active'')
The list has been shortened and focuses on three items: Camp Kilworth, West Hylebos
Boardwalk, and Dumas Bay.
· Streamlined Sales Tax (SS1) in "Active"
Language has been updated to reflect the 2006 legislation (SSB 6594) and the support for
a full-mitigation resolution to local sales tax sourcing.
· Ongoing Revenue/Infrastructure/Economic Development Tools (Active'')
Updated to reflect new tools and ideas on the table for 2007 (e.g., a portion of state REET
funds), which are bulleted.
· The Municipal Court services flexibility item in "Support"
Includes added language, specifying that the City does not want to see any legislation
weighed down with new requirements for Municipal Courts to take on all Anti-
Harassment Order and Domestic Violence Protection Order cases.
· The Tax-Increment Financing item in "Support"
Reworded to recognize the likelihood of a "Community Investment District" proposal
coming forward in 2007.
· Fiscal Efficiency Measures in "Support"
The language has been updated to reflect items we expect to see come forth in 2007.
· Gambling establishment zoning
Language for this "Support" item has been updated to reflect the type oflegislative
proposal we expect to see in 2007.
· Planning and Environmental Review Fund (PERF) in "Support"
Updated slightly to reference that PERF funding was a listed item within an Affordable
Housing/GMA Task Force process.
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. SEPA Reform ("Support")
Updated slightly to reference that PERF funding was a listed item within an Affordable
HousinglGMA Task Force process.
. LEOFFIPERS, et al ("Support")
Language has been updated. For example, it now includes some ofthe cost pressures
facing the city because of pension rate increases.
. Liability Reform ("Support")
New language to reflect that probation supervision is a likely issue to come forth in 2007.
. Parks Funding in "Support" section
Rewritten to more specifically reflect support for a proposal to increase WWRP funding
from $50 million per biennium to $100 million per biennium.
. Public Disclosure Act (PDA)
Rewritten to indicate the City is prepared to support items on confidentiality of
information provided for parks program participation, and for protection of records
relating to a sexual assault crime (Des Moines v. Koenig case).
. Storm water ("Support ")
Rewritten to reflect the potential issuance of a permit in December 2006 and a likely
request for legislative fact-finding hearings.
. Federal Section
The COPS/LLEBG item has been updated to reflect the total grant monies received by
the City.
New items
. Transportation - Revamping the 2005 TP A in the 2007-09 budget process
This is a new issue in "Active," prompted by the significant cost increases for materials
to build projects outlined in the 2005 Transportation Partnership Act.
. Transportation - Regional Transportation Commission (RTC)
This is a new issue in "Active," reflecting expected recommendations from a 9-member
Commission just established in Summer 2006. .
. Hotel/Motel Tax Spending Flexibility
This is a new issue, triggered by the Attorney General's opinion, and with A we looking
to spearhead a 2007 legislative fix. '
. Han Woo-Ri Funding
We have secured funding in the past two legislative sessions for the Han Woo-Ri
Festival. 30th District legislators have advised us to seek funding through CTED, rather
than through the proviso process. The City Council needs to have policy discussions and
set directions as to whether the City should continue to pursue this.
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· Auto Theft
Listed within "Active" because we know there will be a strong push by a broad coalition
of interests to pass 2007 legislation to stiffen penalties, authorize new money for
awareness and'enforcement, etc.
. Domestic Violence Prevention
This item is newly listed under "Active" to reflect the fact that area state legislators have
talked about model legislation to expressly authorize statewide use of an ordinance
adopted by the City Council on DV offenses in the presence of children.
. Criminal Justice Training Commission (CJTC) funding needs
We worked on this in 2006 as an emerging issue, and suggest it be in "Support" given
2007 as a budget year.
. Copper Theft/Scrap Metals Theft
Under "support", since we know there will be legislation to help curb this newly-
emerging area of theft.
. Domestic Violence No-Contact Order Technical Fix
Under "support"because we know other cities will bring forward a 2007 technical fix
bill.
. Funding to combat Chemical, Biological, Radioactive, Nuclear, Explosive (CBRNE)
chemicals
Listed within "support", as we know there will be funding pursued in 2007.
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. lO-year Property Tax Exemption for New Multifamily Housing
Listed under "Support", as we believe some groups will try to promote legislation'
changing current authority.
. Civil Warrants
Listed in "Support" since some groups are interested in 2007 legislation.
. Affordable Housing/GMA
Listed in "Support", given the actions and recommendations of a task force that met
through the summer and fall.
. Exclusionary Zoning
Listed in "Support" because the Low-Income Housing Congress (LllIC) may well bring
2007 legislation forward.
. Public Works Trust Fund (PWTF)
Listed in "Support" to more expressly state the City's opposition to actions that would
impair the integrity of the PWTF. We expect some legislative action in 2007 that could
impact the PWTF. .
. AltemativePublic Works Contracting
Listed in "Support" because we know the alternative contracting authority statute sunsets
in 2007, and there will be legislative proposals relating to extension of the authority and
changes to the authority.
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. Contractor Claims
Listed in "Support", given the high likelihood of legislation in 2007.
. Telecommunications Franchising Authority
Listed in "Support", given the possibility of 2007 legislation in this area.
. Transportation Concurrency Issues Involving WSDOT
Listed in "Support" since a task force
. Motorcycles Turning Left at Inoperable Red-Light Traffic Signals
Listed in "Support", since we saw legislative proposals in 2005 and 2006 and may see
one again in 2007.
. Federal Section
FFY 2008 funding requests: Staff suggests the federal section specify our funding
requests and priorities at the federal level. A new item is added to do so.
Reprioritization
. Local Transportation Funding Options
Moved from "Active': to "Support." Because the 2006 Legislature granted local
governments with new "Transportation Benefit District" (TBD) authority to address local
needs, we believe it may be politically difficult to get new or more usable tools in 2007.
. PSRC Executive Board Seat
Moved to "Active" for 2007. In 2006, we did not know if such an item would come
forward (it did not). In 2007, we have been told explicitly that it wiIl. Given the hard
work the City did to ensure a PSRC Executive Board seat, we felt this issue warranted
"Active" status.
Deleted Items
. Infrastructure and Economic Development
We are fairly certain that new Real Estate Excise Tax (REET) taxing authority will not be
in play in 2007. A financing tool for large-scale annexation was enacted (SSB 6686).
For these reasons, the two items are no longer reflected.
. Property Tax Rate Stabilization
We do not expect this item to come up in 2007.
. "E- Ticket" Authority
Legislation was enacted in 2006.
. Expansion of Non-tribal Gambling Authority
We do not expect this item to arise in 2007.
. Overall Local Parks Funding
This will not be pursued in 2007, but a push for increasing the Washington Wildlife,
Recreation and Parks (WWRP) program funding from $50 million per biennium to $100
million per biennium is going to be in play and is listed within "Support." The WWRP
. includes a "local parks" category. .
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CITY OF FEDERAL WAY.
2007 LEGISLATIVE AGENDA
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FEDERAL WAY CITY COUNCIL
Michael Park, Mayor
Jim Ferrell, Deputy Mayor
Jeanne Burbidge
Jack Dovey
Eric Faison
Linda Kochmar
Dean McColgan
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FEDERAL WAY CITY ADMINISTRATION
Neal Beets, City Manager
Derek Matheson, Assistant City Manager (Legislative Relations)
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I City of Federal Way 2007 Legislative Agenda
. About this Document
The City of Federal Way's 2007 Legislative Agenda is organized as follows:
· The Leqislative Aqenda reflects the City's position on matters expected to arise either as legislation or
through the state budget process, or both. Each major area of the Legislative Agenda first lists local
government financing, tax/revenue, and transportation issues, with remaining issues categorized in
alphabetical order. The 2007 Agenda helps note the City's level of involvement in an issue by listing it
as:
"Active" - meaning the City, as an individual entity, plans to actively involve itself in advocating
for or against a given legislative/budget provision;
"Suppor(' - meaning the City has a great deal of interest in a given legislative/budget
provision, but is more likely to support an advocacy or opposition effort than to lead it;
· The Federal Issues portion of this document reflects the City's position and interest on several issues
that directly impact local government funding and capacity to provide general services, maintain
adequate tax revenues, address transportation, deal with core services, such as law enforcement and
parks, and do its part on the critical issue of homeland defense.
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Note to Readers: The City of Federal Way also maintains a listing of city policies that guide its approach to a
broad array of legislative and policy matters. Any legislators, legislative staff, state officials, stakeholders or
Federal Way citizens who would like a copy of these policies should call Derek Matheson, Assistant City
Manager, at (253) 835-2411.
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I City of Federal Way 2007 Le~dslative Aaenda
. Active Items for 2007 (Listed in order of subject-area priority)
Home Rule
· No Pre-emption of Local Authority: Provide Flexibility to Local Governments
As a wide-ranging staple of its 2007 Agenda, the City will ,emphasize the need for legislators to
recognize local government "home rule" authority.
Federal Way will urge legislators to refrain from legislation that would pre-empt local
government authority, restrict the flexibility of local governments, or remove existing authority
and revenue sources. Again, the Legislature is to be commended for its restraint in this area in
2006, particularly wIth regard to proposed Growth Management Act (GMA) bills that would have
undermined local authority and control.
Transportation
Federal Way appreciates the Legislature's efforts to inject new investment into the transportation system in both
2003 ("Nickel Package") and 2005 ('Transportation Partnership Acf'). The City recognizes that a new package
of gas tax increases and other new-revenue measures is unlikely in 2007, but that a number of other
transportation issues will be front and center. Federal Way will be actively involved in these issues:
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· 2007-09 Transportation Budqet - Revampinq the 2005 TPA
The nationwide trend toward escalating costs for materials such as asphalt, concrete, and steel has
significantly driven up the costs of transportation projects. Washington is just as susceptible as
other states to this phenomenon. Already, the Washington State Department of Transportation
(WSDOT) has responded to an Expert Review Panel by re-examining cost inflation factors for the
two most costly projects in the 2006 TPA: the Alaskan Way Viaduct and the State Route 520 bridge.
Completing the core rebuilds of those two projects will now require an additional $1.4 billion
over and above previous cost projections. This spike in costs will affect projects across the board,
forcing the Legislature to re-examine its underlying budget and project schedule that laid the foundation
for the 2006 TPA. As the Legislature revises the TPA as part of a 2007-09 budget exercise, Federal
Way understands that project construction schedules may slip.
However, the City will strongly oppose any revisions that have the effect of reducing or
~liminating funding for projects in the 2005 TPA. The following state highway system projects
are most important to addressing traffic and safety issues in and through the City:
o Interstate 5/State Route 18/State Route 161 "Triangle" Interchange -- $100 million in the 2005
TPA
o City Center Access Improvements north of 320th Street
o . Interstate 5/State Route 509, including collector/distributor lanes on 1-5 to 320th Street -- $40
million in the 2005 TPA
,0 Interstate 5/272nd Street Interchange and 272nd Street improvements -- $10 million in the 2005
TPA.
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Reqional Transportation Finandnq and Governance
In 2007, the Legislature will receive a report and recommendations from a 9-member "Regional
Transportation Commission" (RTC) that is evaluating the financing and governance for transportation
and transit in the Central P!Jget Sound. Former City Council Member Mary Gates is a member of this
Commission. It appears the Commission will focus its recommendations on ideas that provide new
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regional financing tools, more effective prioritization of certain regional projects, and perhaps a new
structure to govern regional planning and financing duties.
Federal Way is open to ideas that improve the way transportation and transit functions are
carried out in the Central Puget Sound. However, the City is prepared to oppose measures that
add new layers of planning and process to the already cumbersome system of building and
delivering projects.
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Reqional Transportation Investment District (RTID)/Sound Transit (ST)
As the RTID and Sound Transit work on a package of transportation and transit investments to present
to the region's voters in the fall of 2007, they are required to comply with 2006 legislation stipulating that
the two agencies must have separate, "contingent" measures on the ballot. Specifically, under the
2006-enacted ESHB 2871, the two separate ballots must both be approved by voters, or neither is
considered approved. The RTID and ST are exploring whether one joint ballot might be simpler and
more advantageous to present to voters, and may ask the 2007 Legislature for this "one pull of the
lever" joint-ballot authority.
Federal Way officials believe it is critical that the RTID and Sound Transit have the tools they
need to develop a viable ballot measure for 2007, are prepared to support proposed
amendments to assist with that effort. and will advocate for full funding of the Triangle
Interchange and extension of light rail through Federal Way to the Tacoma Dome.
Puqet Sound Reqional Council (PSRC) Executive Board Votinq Seat
Through a provision of the 2005-07 new-law transportation budget bill, the PSRC was directed to add
an automatic voting seat on the PSRC Executive Board for Federal Way. The PSRC is now working on
2007 legislation that would re-confirm the Executive Board automatic voting status for Federal Way and
other cities, and establish criteria by which any new Executive Board seats would be provided to
growing cities in King, Pierce, and Snohomish Counties.
Federal Way is prepared to support legislation put forth by the PSRC to make the Federal Way
seat permanent and set up percentage-of-county population criteria for future Executive Board
membership
. Capital Budget Requests
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· 2007 Session Proiect List
Federal Way is deeply appreciative of the leadership and efforts by its area state legislators in the area
of State Capital Budget funding. Through the capital budget Community Projects program, the City
received $856,000 in 2005-07 for the Joe's Creek stream restoration and salmon enhancement project,
as well as $100,000 toward the rebuilding of the West Hylebos Park boardwalk.
In 2006, the City of Federal Way held off on aggressive pursuit of capital budget line-item funding, due
to the fact that it was a mid-year and course~correction year in the state's biennial process. With 2007
as a. kickoff year for the state's next biennial capital budget, Federal Way will actively work with are'a
legislators to secure funding for key projects within the City. Federal Way's top priority is to secure
funding to ensure the City can meet its deed-of-sale obligations for the purchase of the former Camp
. Kilworth site overlooking the shores of Puget Sound. Securing this property is a once-in-a-generation
opportunity and the timing of the deed of sale is such that the City needs to work with area legislators on
line-item funding opportunities.
A second priority for the City involves working with area legislators on closing the funding gap for West
Hylebos Park boardwalk replacement costs.
The City's prioritized list of 2007 'asks' is as follows:
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Project Brief Description State Funding Needed Capital Budget Line-
Item, or Capital Budget
grant program
*Camp Kilworth Preserve public open $1.1 million Line-Item to go with $1
acquisition space on Puget Sound million local commitment,
with purchase of a 25-acre $400,000 King County
site that was formerly Conservation Futures
home to a Boy Scout grant, and hoped-for $1
Camp. million WWRP grant
*West Hylebos Park Provide dollars to close $300,000 Line-Item would
Boardwalk replacement funding gap for accompany hoped-for
replacement of $300,000 WWRP grant to
deteriorating wooden close funding gap
structure
*Dumas Bay Center. Capital upgrade to $100,000 Line-Item -, would help
rehabilitation conference center and City undertake feasibility
theater facility. assessment to get a
handle on exact costs
and actions needed
Fiscal Issues
. Streamlined Sales Tax (SST)
The State Legislature enacted SB 5783 in 2003, legislation that largely brings Washington into
compliance with a Streamlined Sales Tax Agreement (SSTA) project under development in more than
three dozen states. The SST effort involves unifying sales tax definitions and practices, in hopes that
Congress will explicitly authorize that sales tax be imposed on Internet-based transactions currently
receiving tax-free treatment. In advance of any Congressional action, nearly 20 states formed an SSTA
Governing Board of members and associate members in 2005, and will be contracting with multi-state
and multi-channel retailers to voluntarily remit sales taxes from internet-based transactions. More than
1,000 retailers nationwide have registered for the voluntary-compliance program. Fiscal estimates show
the State of Washington gaining more than $30 million a year from these voluntary compliance
revenues, with estimates trending upward in future years.
In Fall 2005, Federal Way helped spearhead a compromise among cities that are both positively and
negatively impacted by local sales tax sourcing changes required under the SSTA. The compromise
calls on the state to use its general fund to set up a dedicated fund for full mitigation of sourcing
impacts, with voluntary compliance revenues expected to ensure the state recoups its mitigation
investment. .
The mitigation would not be permanent, and cities will work to ensure that no mitigation funds
come in the form of taking gains 'experienced by certain cities (such as Federal Way) under a
new sourcing system. In 2006, the State Senate voted 48-0 in support of Substitute Senate Bill
6594, a full-mitigation SST bill advanced by cities, counties, and a broad coalition of other
stakeholders. House Leadership held up the bill in 2006 over political and timing concerns - not
substantive issues. The City appreciates commitments by Governor Gregoire and House
Speaker Frank Chopp to move the bill early in the 2007 Session and has listed SST enactment as
a top fiscal priority.
. Avoid Unfunded and Inadequatelv Funded Mandates
In keeping with its policy of vocally opposing mandates that are unfunded or inadequately funded, the
City of Federal Way will actively oppose bills and budget initiatives that contain unfunded mandates. In
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accordance with Initiatives 62 and 601, legislators, state agencies, and courts should refrain from
imposing new mandates on local governments without the necessary funding to go with them.
Federal Way strongly urges legislators to refrain from imposing unfunded mandates, to ask if
pending bills and budget matters contain unfunded mandates, and to seek full funding for local
governments if mandates are considered a necessity for policy reasons. Specific unfunded
mandate items the City will be prepared to oppose, absent necessary funding, include Growth
Management Act (GMA) measures, tax policy and pension issues, and others which impose new
responsibilities on local government. .
Federal Way appreciates the sensitivity of the 2006 Legislature in rejecting legislation with unfunded
'mandate implications, including bills relating to buildable lands, business license fee authority, utility tax
provisions, and sick leave, .
. Guard AQainst Tax-relief and Tax-exemption Measures That Erode Local Government Revenues
Despite the budget pressures facing our state, the 2006 Legislature received scores of requests for new
tax relief or tax exemptions, as advocates of tax exemptions on business and property tax relief, etc.,
brought their cases to Olympia. The Legislature is to be commended for showing restraint in the areas
of tax relief and tax exemption.
The City of Federal Way urges the Legislature to avoid worsening the budget and fiscal
landscape for local governments by passing ill-advised measures that erode local revenues
through tax exemptions or tax relief.
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. OnQoinQ Revenue/Local Government FinancinQllnfrastructure FundinQ/Economic Development Tools
With the exception of the hardest-hit cities and counties, the Legislature has phased out all post-
Initiative 695 backfill funding appropriated to assist impacted cities and counties. Federal Way has
already foregone the yearly $300,000 provided by the old sales tax equalization program. Additionally,
the City has dealt with property tax revenue decreases brought on by voter-approved Initiative 747,
used banked property taxing capacity to address law enforcement needs, and worked to move police
personnel away from desks and onto streets during a post-9/11 era when citizens are demanding more
safety and security. The City does not believe that local governments should have to address these
issues alone and strongly believes the State of Washington has a long-term policy obligation to assist
and partner with its cities. In 2007, the City expects to acquire 4.4 acres downtown for urban-style
. redevelopment and will look to state economic development programs to help fund the project.
Federal Way urges lawmakers to discuss new revenue needs for cities and counties in the 2007
Session - particularly as it relates to infrastructure and economic development tools. The City
will join the Association of Washington Cities (AWC) and a coalition of other local government
and business stakeholders in actively advocating legislation and budget measures to:
o Enhance funding of existing infrastructure programs, most of which are significantly
over-subscribed.
o Expedite the approval process for existing grants and loans. Turnaround times for
preliminary approval to funding allocations can often be 18 to 36 months. '
o Obtain a credit. against the state Real Estate Excise Tax (REET) that could be directed to
the local level for infrastructure and economic developlTient recruitment/retention
projects.
o Secure new economic development tools, including: revisions to and expansion of the
2006-enacted Local Infrastructure Financing Tools (LIFT) statute; revisions to the "Job
Development Fund" to ensure it does not further impair the Public Works Trust Fund and
to make it more responsive to job-generating projects; additional funds for the
Governor's Strategic Reserve Fund, so that it can be more usable as an economic
recruitment fund; a permanent funding source for the Community Economic
Revitalization Board (CERB); and changes to make CERB more usable for urban areas of
the state.
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o Consider amendments to Initiative 747's 1% property tax growth limit, given a King
County Superior Court ruling that 1-747 is constitutionally flawed.
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Criminal Justice. Law Enforcement, Courts
· Auto Theft prevention
Washington has the dubious distinction of ranking in the top five among all states in the nation when it
comes to incidences of automobile theft. The auto theft problem is a major one in the Central Puget
Sound and especially in South King County. Federal Way police dealt with 1,580 reported automobile
thefts in 2005 - more than four per day. Through public awareness and education efforts, and other
prevention methods put in place, the auto theft numbers for 2006 have decreased thus far, with 570
reported thefts in the first five months of the year. Nonetheless, the problem remains a significant one,
and the City has been part of a stakeholders' group working with state legislators on the development of
2007 auto theft prevention legislation.
Federal Way will strongly support and actively advocate for 2007 legislation to stiffen and
simplify the penalties for auto theft, to crack down on those who use certain tools to steal cars,
and to provide funding to help local jurisdictions combine their efforts and combat auto theft
cases that cross jurisdictional boundary lines.
· Domestic Violence Prevention: Leoislation AddressinQ DV Incidents in the Presence of Children
Last summer, the Federal Way City Council enacted a landmark ordinance that helps the City crack
down on domestic violence offenses committed in the presence of children. Area state legislators have
expressed interest in developing model legislation to more expressly authorize such ordinances
statewide.
If such legislation is brought forward, Federal Way will strongly support it and testify as to the
importance of Federal Way's ordinance.
. Tourism/Community Events
.
Leaislative Remedy as to How Hotel/Motel Taxes May Be Expended
A State Attorney General's Office opinion issued earlier this year puts new restrictions on how local
jurisdictions may expend hotel/motel taxes for community festivals and events. Under the AGO, a city
or county that sees the tourism value of a specific community event or festival may only contribute
hotel/motel tax monies toward the advertising and marketing of such events, not the costs of putting on
the event itself. Federal Way is troubled by this AGO and how it may limit the City's ability to be a
funding partner for events such as the Reebok Triathlon and the Han Woo-Ri Korean Festival.
Federal Way will actively support an AWe-led effort to enact a 2007 legislative remedy that
restores flexibility as to how hotel/motel tax revenues may be spent for community events and
festivals.
.
Fundino for Han Woo-Ri Korean Festival
Federal Way is extremely appreciative of the successful efforts by its area legislators during
both the 2005 and 2006 Sessions to obtain state funding assistance for the inal,Jgural and
second-year Han Woo-Ri Korean Festival.
The City will seek '2007 state funding to help offset Festival expenses, either through a direct
appropriation or through a state tourism funding proviso that allows some of the tourism dollars
to be utilized for cc)mmunity events and festivals.
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I Citvof FederalVVay 2U07 U~aislative Aael1da
Support Items for 2007 (Listedin alphabetical order by subject area)
Assuming these items arise during the 2007 session, Federal Way will work in support of efforts led by
others in the following areas:
Criminal Justice, Law Enforcement, Courts
. Criminal Justice Training Commission (CJTC) FundinQ
Federal Way worked on successful 2006 Supplemental Operating Budget funding and supports efforts
to ensure adequate funding for the CJTC in 2007-09. This is even more important because City voters
approved a utility tax measure in November 2006 that will allow for hiring 18 new police officers. All of
these new officers will need to go through the police training academy.
Federal Way will strongly support CJTe funding initiative in the 2007-09 budget.
. Courts - Municipal Court Services Flexibility
Federal Way will support efforts by the AWC, individual cities such as Bellevue and Kirkland,
and others to clarify state law to explicitly ensure that cities can contract with one
another to provide multi-city or "Community Court" municipal court services. However, Federal
Way will oppose any efforts to incorporate into this legislation any quid-pro-quo new
requirements for the types of cases Municipal Courts must have jurisdiction over. Unsuccessful
2006 legislation would have required the Federal Way Municipal Court and all
other municipal courts around the state to accept all Anti-Harassment Order and Domestic
Violence Protection Order cases.
. Theft of copper and other scrap metals
Theft of scrap metals - and sales of these metals to dealers and pawn shops to support drug and meth
habits - is a growing problem in the Central Puget Sound.
Federal Way will support expected 2007 legislation that requires second-hand dealers and pawn
shops to require proof of ownership and other registration measures of those who take scrap
metals to such shops for resale.
.
DruQ Seizures: TiminQ and Direction of Proceeds
One of the criticisms of drug forfeiture efforts by law enforcement is that proceeds from drug seizures
are not always returned to local drug enforcement. This is not true in Federal Way. The City has an
exacting process of returning drug seizure proceeds to local drug enforcement and maintains very
detailed accounting records. A 2006 bill in the State Senate would have altered the collection and
distribution of drug seizure proceeds - something the City strongly opposes.
If legislation in this area is brought forth in 2007, Federal Way will join other local governments
and law enforcement agencies in strongly opposing it.
.
InterroQatinQ Juveniles in Criminal Cases
During the 2006 session, the State Legislature considered legislation that would have placed new
notification requirements on law enforcement agencies that interview juveniles as part of a criminal
investigation. Federal Way and other cities, counties, and law enforcement groups opposed provisions
that would have allowed parents to undermine and- even cut short an important interview component of
criminal cases.
If juvenile interrogation legislation is brought back in 2007, Federal Way is willing to support
provisions that call on law enforcement to attempt to notify parents in situations where a
juvenile is being interrogated. Federal Way will join the law enforcement community in opposing
provisions that go further.
FHSRAC 11-28-06
B-13
.
.
.
· Domestic Violence Prevention
During the 2007 Session, lawmakers will consider a technical-fix bill to ensure that rolice and .
prosecutors can respond to all violations of DV no-contact orders. Additionally, 30t L,egislative District
lawmakers may bring forth legislation to authorize all local agencies to adopt the type
of landmark DV-prevention ordinances that the Federal Way City Council enacted in the summer of
2006 which, among other things, stiffens penalties for DV acts committed in the presence of children.
Federal Way is prepared to support the DV no-contact order technical-fix bill and any legislation
authorizing a statewide modeling of the City's DV prevention ordinance.
· "CBRNE" FundinQ and LeQislation
In the 2007 Session, law eilforcement and fire officials will advocate for a funding and legislative
package to better prepare Hazardous Materials teams (HazMat) to combat chemical, biological,
radioactive, nuclear, explosive (CBRNE) chemicals and agent.
Federal Way will support this effort.
Economic Development tools
· 10-Year Local Property Tax Exemption for Multi-Family Housinq
Federal Way is one of numerous cities that uses the 10-year property tax exemption as a way to
stimulate the construction of multi-family housing in downtown areas. There are some advocates of
affordable housing who want to see the 2007 Legislature require that any multi-family housing units
constructed through the 10-year property tax exemption incentive must require inclusion of affordable
housing units.
Federal Way will oppose mandates that undermine local control and dictate to local communities
how they use the 10-year property tax exemption incentive for multi-family. The City supports
current statutory provisions that give a community the flexibility to incorporate features such as
affordable-housing components into their local ordinances.
· "Community Investment Districts" (CIDs)
Certain cities and housing authorities will bring to the 2007 Legislature a proposal to authorize
"Community Investment Districts" as a way to expand the state's very limited Tax-Increment Financing
statute. The CID concept allows local jurisdictions to establish a tax increment area, pool local property
tax revenues collected in that area, and use the revenues to help finance the debt service on
infrastructure that is put in place to support economic development projects. The 2007 legislation being
contemplated would also require that 20 percent of the CID revenues be dedicated to low-income
housing. .
Federal Way supports this tool, but will look to others to initiate any efforts in this area.
Fiscal and Efficiency Measurers Promoted by Cities and Counties
· Efficiency Measures Pursued by the Tri-Association Group and Individual Local Governments
Federal Way supports efforts by the AWC, the Tri-Association group of city and county
associations, and individual local governments to seek out changes in statute that can make the
provision of local government services more efficient and cost-effective. In 2007, this may include
legislation to help deal with offender medical costs, exempt local governments from being charged for
background checks by the Washington State Patrol, restore authority for counties and cities to impose
jail booking fees, and provide liability protection for probation supervision.
GMA, Annexation, Housing Targets, Land-Use, Permitting, Impact Fees
It is expected that a variety of proposals related to the Growth Management Act (GMA) will come before the
2007 Legislature - everything from how Best Available Science is defined, to ideas that promote further
integration of affordable housing, to annexation streamlining. Federal Way does not expect to take a lead role
on these issues, but below are some specific items the City is prepared to support or oppose:
FHSRAC 11-28-06
B-14
.
.
.
. Annexation Authority for Cities
Federal Way will support additional measures that better facilitate the process of annexations,
which are expected to occur under the tenets of the Growth Management Act (GMA).
. Civil Warrants
If a coalition of cities and building officials brings forth 2007 legislation to enhance the authority
of local governments to inspect properties that are suspected of being unsafe, dilapidated, and
run down, Federal Way will support it.
. Affordable HousinQ/GMA
This summer and fall, stakeholders on an Affordable Housing Task Force worked on a package of ideas
designed to spur the development of more affordable housing units in our state, and especially in the
Central Puget Sound. A consensus task force package has now been adopted by an Affordable
Housing Advisory Board (AHAB) that makes recommendations to the Governor. The package looks at
new funding for infrastructure, certain modifications to the GMA, new economic development tools, etc.
Federal Way is prepared to support the Affordable Housing/GMA package adopted by AHAB,
provided it is not weighed down with attempts to foist costly new GMA requirements on cities
and counties involving buildable lands, land capacity, housing targets. etc.
. Housina Issues InvolvinQ Buildable Lands and Housina TarQets
Federal Way is sympathetic to the goals and objectives of housing availability and land supply for
housing under the Growth Management Act. The City supports a thorough review of the process for
allocating housing targets, as well as establishment of objective criteria for allocating targets.
Additionally, the City did not oppose the agreed-upon language in SSB 5602 from the 2003 session,
which asks cities to ensure that amendments to their comprehensive plans and GMA plans, taken
collectively, will not diminish a city's commitment to meeting housing targets and economic development
goals. However, the City does have concerns with any potential 2007 legislative proposals that would
introduce new definitional and data-collection requirements to the Buildable Lands program that will add
new costs and requirements for cities.
Federal Way will work against measures that unnecessarily add new costs and requirements for
cities and counties within the Buildable Lands program. Additionally, the City will work against
legislative initiatives that attempt to hold cities responsible for housing market performance.
. Clarifyinq Local Zoninq Authority on Location of GamblinQ Establishments
Federal Way supports legislation clarifying that localities, through their zQning and land-use police
powers, have authority to condition the location of gambling establishments and determine where they
should be situated in a community. L~gislation being prepared for the 2007 Session would freeze the
number of mini-casino gambling establishments statewide, and include provisions grandfathering in
actions by Federal Way and other local governments to condition where such establishments may be
located.
Federal Way is prepared to support 2007 legislation related to gambling zoning and mini-casino
establishment "freezes," so long as the grandfathering provisions remain intact in the bill.
. . PlanninQ and Environmental Review Fund (PERF)
The PERF program was func~ed in 1995-97, but was discontinued when the state ran into economic
troubles. The program provides grants to local governments that do pre-planning of large areas so that
there can be an overall land-use visions for such areas vs. a parcel-by-parcel, case-by-case view. For
Federal Way, there are several areas in which PERF dollars could be put to good use. Recapitalizing
the PERF fund is referenced in the aforementioned Affordable Housing/GMA package.
Federal Way will support a PERF funding initiative if one is brought forth.
. Exclusionary Zonino
In 2007, a low-income housing coalition is likely to promote legislation that would prohibit local
governments from having any ordinances or land-use policies that allow for certain types of housing and
housing providers to be excluded from a community or from certain zones.
FHSRAC 11-28-06
B-15
.
.
.
. SEPA Reform
Federal Way's planning officials have suggested that substantive portions of the State Environmental
Policy Act (SEPA) are duplicative of requirements that Federal Way and other cities already enforce
through individual codes regulating transportation, drainage, sensitive areas, etc. City planners also
believe laws dealing with "vesting" of permits are long overdue for an overhaul as well.
While Federal Way will not be initiating any SEPA reform proposals for 2007, the City will look to
.fold this idea into other SEPA proposals that may come along. The SEPA reform idea is one of
those mentioned in the aforementioned Affordable Housing/GMA package.
LEOFF & PERS Pension Rates/Costs, Family and Medical Leave, Sick Leave
. The 2007 Legislature likely will be considering a series of proposals related to the PERS and LEOFF
pension systems, including what to do with costly gain-sharing provisions in the PERS system,
firefighter proposals to enhance LEOFF 2 benefits, ways to address LEOFF 1 medical costs, and
others. Federal Way is already struggling with increased pension costs brought on by PERS system
rate increases enacted by the 2006 Legislature. While the City appreciates the effort in 2006 to smooth
rate increases over time, Federal Way is still dealing with a nearly four-fold increase in pension costs
between 2005 and (projected) 2008. Additionally, Federal Way already provides its employees with
generous Family & Medical Leave and sick-leave programs and is very leery of any 2007 legislation that
would ask local agencies to do more in these areas.
Federal Way is prepared to support efforts by AWC and others to prevent the passage of
legislation that imposes new cost burdens on employers in all these areas. The City cannot
afford new pension-cost burdens beyond those already expected through rate increases
programmed into the next few years.
Liability Reform
. Liability Reform PackaQe
The Legislature has looked at liability reform for the past several years. Partisan divisions and sharply
differing views on this subject have kept omnibus legislation from being enacted, but lawmakers have
passed specific items, including an employee reference liability protection measure in 2005.
Federal Way is prepared to support certain pieces of liability reform legislation in 2007, including
measures to provide probation supervision liability protection.
Local Government Funding, Grant Programs, and Funding Options
· Support New FundinQ, Grant Proqrams, FundinQ Options
In areas such as Economic Development, affordable housing and prevention of homelessness,
public health, and human/social services, Federal Way will support state funding, state grant
programs, and funding options that help local governments meet service obligations, provide
additional opportunities, and protect the most vulnerable citizens in local communities.
· Public Works Trust Fund
Federal Way will support 2007 legislation to protect diversions of funds from the Public Works
Trust Fund, and to expedite legislative approval of PWTFloans.
Miscellaneous Local Government Issues
· Public Records Requests, Public DisClosure Act (PDA)
The 2007 Legislature could be presented with two legislative proposals involving public records
requests under the PDA: 1) a City of Bellevue-promoted proposal to protect certain private information
provided by citizens who enroll in public parks programs; and, 2) legislation to remedy the 2006
Supreme Court decision in Koenig vs. City of Des Moines, which could force the disclosure of sensitive
records related to sexual assault crime victims.
Federal Way is prepared to support the City of Bellevue measure and Koenig v. Des Moines
legislative fixes that may be proposed by sexual assault prevention groups.
FHSRAC 11-28-06
B-17
.
. Alternative Public Works ContractinQ Methods
Federal Way is one of 13 cities authorized to use alternative public works contracting methods known as
"design-build" and "General Contractor-Construction Management" (GC-CM) that are available for public
works projects costing $10 million or more and involving complex scheduling and building challenges.
The Alternative Public Works Contracting statute is due to sunset in 2007and thus needs to be
reauthorized. An advisory board reviewing the statute will recommend that it be reauthorized, that it be
expanded to include projects under $10 million, and, potentially, that any jurisdiction which has not used
its automatic authority must in the future go through a State Review Board if it wishes to utilize GC-CM
or design-build.
Federal Way supports continuing and expanding the Alternative Public Works Contracting
authority, but will oppose provisions to place new review requirements on those jurisdictions
that currently have automatic authority to exercise design-build and GC-CM on complex
projects.
. Public works bid laws
During the 2004, 2005, and 2006 sessions of the Legislature, several bills were initiated regarding the
public works bidding process. The bills would have made the public works bid process more onerous,
more costly, and perhaps more prone to liability problems by, for example, requiring local governments
to establish new "just cause" provisions for rejecting bids. On behalf of cities, AWC helped defeat these
bills.
Federal Way will join cities, counties, and ports in opposing 2007 legislation that attempts to add
new costs and complexities to a public works bidding process that works well under current
statute.
.
. Contractor Claims issues - "Michael M. Johnson" Fix
During the 2005 and 2006 sessions of the Legislature, lobbyists representing general contractors
promoted legislation that would have shifted the burden of proof for demonstrating that contractor claims
on a public works project were tardy, invalid, etc. Cities and other public agencies resisted this .
legislation, which was designed to revise the outcome of a Michael M. Johnson v. Spokane County
State Supreme Court ruling that went against contractors.
Federal Way will join cities and other public agencies in resisting Michael M. Johnson fix
legislation that unduly shifts the burdenof proof in contractor-claims cases from the private
entity to the public sector. However, the City is open to compromise solutions to this issue.
Parks and Recreation
. Parks Fundina Initiatives - WWRP
In 2007, the Washington Wildlife and RecreCltion Coalition (WWRC) will spearhead an effort to push for
an increase in funding of the Washington Wildlife, Recreation, and Parks (WWRP) program in the
state's capital budget from the current $50 million to $100 million.
Federal Way was very successful in the latest round of WWRP funding, but is extremely
sympathetic to the funding shortage for parks projects. At the $50 million level, only 13 of 69
local parks projects submitted for funding would receive WWRP money. The City thus strongly
supports the proposal to increase WWRP funding for parks, open space, riparian habitat
enhancement, etc. .
Stormwater
.
. Flexible Permits for Phase II Cities and Counties
In December 2006, the state Department of Ecology may issue the final version of a permit that would
regulate how Federal Way and more than 100 other cities and counties deal with stormwater runoff and
detention. DOE drafted the permit in accordance with its authority to administer the National Pollutant
Discharge Elimination Standards (NPDES) under the federal Clean Water Act. While the City is
appreciative of the DOE's efforts, Federal Way and numerous other city and county jurisdictions took
objection with key components of the Phase" permit, including those on monitoring and what
conditions developers must meet for redevelopment of property.
FHSRAC 11-28-06
B- 18
.
.
.
Federal Way and other Phase II jurisdictions are attempting to work out permit concerns with
DOE, but likely will be asking lawmakers to hold hearings on continuing concerns with the
redevelopment provisions of the Phase II permit.
Telecommunications Company Franchising, Rights-of-Way, and Tax Policy Issues
Federal Way will join with the AWC and others in strongly opposing any attempt by the
telecommunications industry to weaken local auttlority in franchising, rights-of-way
management, and utility tax revenue collection.
Transportation
. Local Fundinq & Local Options
The 2006 Legislature provided local governments in the Central Puget Sound with a new local-option
funding tool, giving them new ''Transportation Benefit Districf' (TBD) authority that can be used
beginning Dec. 1,2007. The TBD provisions were part of Engrossed House Substitute Bill 2871.(ESHB
2871). During the 2007 Session, AWC and individual cities will seek legislative amendments that make
the TBD authority easier to utilize, and to provide other .Iocal options for the local roadway system.
During the 2007 session, Federal Way will support initiatives to augment local transportation
funding and options. These options should include additional funds for the Transportation
Improvement Board (TIB), which has been an excellent funding partner for local governments
generally and Federal Way specifically over the last decade.
. Task Force on Concurrency for WSDOT
During the 2006-07 interim, a legislatively-appointed task force has been examining transportation
concurrency issues and how this impacts the WSDOT. Some legislators want the WSDOT to be
allowed to receive impact fees for local development projects that impact the state highway system, if
the WSDOT is not given the ability to comment on local permitting proposals and help shape the
mitigation and impact fee section of the permit.
Federal Way believes that nearly all cities already work hard to solicit the views of the WSDOT
on development projects that impact the state highway system. However, the City may be open
to legislation, if carefully worded, that provides an impact fee authority to WSDOT in cases
where a locality has not contacted the WSDOT and solicited its input on a project and
subsequently attempted to structure mitigation packages that take that input into account.
. Motorcycles Turninq Left When a Traffic SiQnal Red Liqht is Inoperable
During the past two sessions of the Legislature, Federal Way has expressed concerns with legislation
on this issue, due to public safety and liability concerns associated with giving motorcyclists left-turn
authority when a traffic signal red light is inoperable. The City felt it could live with an amended form of
the legislation considered late in the 2006 Session - one that placed liability burdens on the
motorcyclists and patterned the left-turn authority on current statute governing liability and procedures
for right turns at red lights.
Federal Way will closely monitor this issue in 2007 if legislation arises.
Water-Sewer District Assumption
.
Authority for Cities to Assume Water-Sewer Districts
In the 2004 and 2005 sessions, Federal Way worked with the AWC and other individual city
representatives to derail legislation that would have added cumbersome requirements to cities wishing
to assume existing water and sewer districts. While Federal Way is not imminently seeking to assume.
water districts such as Lakehaven and, in fact, looks for opportunities to work in concert with the
Lakehaven Utility District, the City does not want to see water-sewer assumption laws undermined.
Federal Way will work against water-sewer assumption laws that make these efforts more
difficult, cumbersome, and costly for cities. The City may also join with AWC and others in pro-
actively seeking other alternatives than those annually put forward by special districts.
FHSRAC 11-28-06
B-19
City of Federal Way 2007 LeQislative AQenda
. Federal Issues
. Federal Fiscal Year 2008 Fundino Requests
Federal Way annually makes requests through the Washington State Congressional Delegation for
funding assistance on key transportation and infrastructure projects.
While specific funding-level requests are still being ironed out, the City expects that, in priority
order, it will be seeking FFY 08 funds for the 356th Street off-ramp component of the Triangle
Interchange, Pacific Highway HOV lanes between South 312th Street and Dash Point Road, and
Camp Kilworth.
.
.
. Sales Tax on CataloQs. Mail-Order Sales. E-Commerce
Federal Way supports congressional action allowing state and local governments to collect sales and
other applicable taxes from remote catalog and Internet sellers. Past judicial decisions and a federal
moratorium on Internet taxation gives out-of-state retailers an unfair competitive advantage over locally
based businesses. A sales tax simplification and streamlining project that involves more than 40 states,
including Washington, is designed to show Congress that uniform definitions and procedures can be
used to make the sales tax process as seamless as possible for e-tailers.
Federal Way supports this effort by Washington and other states. The City is concerned that in
addressing the Internet sales tax issue, Congress should refrain from telecommunications tax
simplifications that undermine state and local authority in areassuch as utility tax.
. Community Development Block Grant
Federal Way supports full funding of the Community Development Block Grant program (CDBG). In
greater Federal Way, CDBG funds support emergency services, public safety, and community-based
collaborations.
Federal Way opposes efforts to consolidate the CDBG funding with other programs and urges
Congress to resist requested cuts. The City also advocates the state's congressional delegation
to reverse the trend of flat and declining appropriations. .
.
COPS & Local Law Enforcement Block Grants
Since their inceptions in 1994 and 1996 respectively, the COPS grants and Local Law Enforcement
Block Grants (LLEBG) have been important sources of revenue for the City of Federal Way's public
safety efforts. The COPS Universal Hiring Program and COPS MORE programs provided roughly $2.4
million and 28 police officers to Federal Way's new police department. In addition, the City has received
$623,000 from LLEBG and $80,000 from the Justice Assistance Grant (JAG).
Federal Way is disappointed by recent Congressional action that has consolidated the COPS
and LLEBG programs with others and resulted in reduced funding. It is the City's hope that
funding for law enforcement can be restored in coming sessions of Congress.
.
Land and Water Conservation Fund
Federal Way strongly supports full funding for the Land and Water Conservation Fund and its
stateside component to support the acquisition, construction, and repair of recreation and park
facilities.
.
Homeland Security FundinQ
Federal Way supports funding for homeland security and is doing its part to keep local
communities as safe and secure as possible. However, the City urges Congress, in any
measures for provision of homeland security funds, to distribute those funds as directly as
possible and to local government and first responders. The City also advocates funding for
training and overtime costs that will occur in our collaborative effort to protect our homeland.
FHSRAC 11-28-06
B- 21
.
.
.
. Reauthorization of the Telecommunications Act
Federal Way recognizes the need to rework federal telecommunications laws to keep up with the ever-
changing world of technology.
However, the City strongly opposes provisions that pre-empt or limit the ability of local
government to manage franchises and rights-of-way. Local government management of
franchises and public right-of-way ensures robust telecommunications services are offered to
the public.
FHSRAC 11-28-06
B- 22
.
.
.
.
.
.
.
.
.
COUNCIL MEETING DATE: Dec. 19,2006
ITEM #: 5-h
....-----...-.......-.-........----.--....--........-..--....---.----_.__._-_._..__.._._~..._.._..._-_....-._---..._---_.------.--.--...-----
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Setting Public Hearing Date for the Street Vacation of a Portion of 35th Avenue South
POLICY QUESTJON: Should City Council approve a resolution to set a Public HearingJor the street vacation
oj a portion oJthe right of way within 35th Avenue South on January 16th, 2007?
COMMITTEE: Land Use/Transportation
MEETING DATE:Dec 4,2006
CATEGORY:
[gJ Consent
o City Council Business
o
o
Public Hearing
Other
o Ordinance
[gI Resolution
~!~!!_~'-'_~~J B~~lo~Mul~~y, Street Syste~~_~Egi~ee~___.____._______:I2EP!:Ru~ic Vi or~.________-:
Attachments:
1. Staff LUTC memo, resolution, and attachments dated December 4, 2006.
Options Considered:
1. Approve the Resolution to set the' date and time of a public hearing for the street vacation of a portion of the
right of way within 35th Avenue South at the Jan. 16th, 2007 City Council meeting.
2. Set Public Hearing on an alternative date recommended by the committee.
----..........-.---..-......--.---...--.-.-.....----...--.-.-_.._._...-.-----------~._-_._-----_.__._------_.
STAFF RECOMMENDATION: Staff recommends Option 1.
CITY MANAGER ApPROVAL:
~
DIRECTOR ApPROVAL: iYur<-
Committee
Council
COMMITTEE RECOMMENDA TJON: LUTC recommends Option--L
Wit-
. Dean McColgan, Member
Eric Faison, Member
PRO OS MOTION: "I move to approve the Resolution to set the date and time of a public hearing
for the street vacation of a portion of the right oj way within 35th Avenue South on January 16th, 2007 ".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
K:\COUNCIl\AGDBIlL5\2006\12-19-06 Setting Public Hearing Date for Street Vacation of 35th Avenue South.doc
.
.
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
December 4, 2006
Land Use and Transportation Committee
Neal Beets, City Manager
John Mulkey, P.E., Street Systems Engineer
Setting Public Hearing Date for the Street Vacation of a Portion of 35th Avenue South
BACKGROUND:
Mark Edwards and Jeff Wolf have petitioned the City to vacate a portion of 35th Avenue S, located at the
. northwest comer of 35th Avenue S. See the accompanying legal description (Exhibit A) map of the area
to be vacated (Exhibit B) and Vicinity map (Exhibit C) for exact location.
The area is a portion of an original alley that connected 35th Avenue S to 33rd Place S. A portion of the
alley that is 285 feet in length was previously vacated by King County in 1968. The remaining area is
approximately 38 feet in length and is between the lots of the two petitioners and the northwest end of the
cul-de-sac on 35th Avenue S.
The properties abutting the alley are zoned Residential 9.6. The area is listed as single family, High
Density in the Comprehensive Plan. The Petitioners are seeking the street vacation in order to eliminate
un-maintained Right of Way, expand the size of their yards, prevent junk vehicles from being parked in
the area proposed for vacation and the allow for installation of a fence to secure the area. The area to be
vacated has three (3) abutting private property owners, two lots that abut on the side belonging to the
petitioners and one lot that abuts at a comer. All abutting property owners have signed the petition.
cc: . Project File
Day File
. K:\LUTC\2006\12-04-06 Request for Street Vaction of 35th Avenue South.doc
.
.
.
Exbibit-"A"
Perimeter of total vacation
Beginning at the most northerly comer of Lot I, Hensell's First Addition, Volume 62, Page 55, Records of
King County, Washington:
Thence North 28"08 '00" Eas~ along the northerly extension of the westerly line of said Lot I, a distance of
20.00 feet;
Thence South 61052'00" Eas~ a distance of20.00 feet to a point on the southerly extension of the westerly
line of said Lot 5, Hensell's First Addition, Volume 62, Page 55, Records of King County, Washington;
Thence South 28"08'00" Wes~ a distance of 10.00 feet;
Thence South 61052'00" East, a distance of I 0.83 feet to a point on tbe northerly extension of the east line
of said Lot I;
Thence South 00057'00" East, a distance of 11.44 feet to the northeast comer of said Lot I;
Thence North 61 052'00" West, along the north line of said Lot I, a distance of36.40 feet to the Point of
Beginning.
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Cramer Northwest Inc.
Surveyors Planners & Engineers
945 N. CENTRAL,
(253)852-4880 (local)
(253)852-4955 (fax)
DRAWN BY: O.B.H. SCALE:
JOB NO.:2006-101 NTS
STE. #104, KENT, WA 98032
1-(800)251-0189 (toll free)
E-MAIL: cnj@cramernw.com
SHEET: DATE:
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VICINITY MAP
35TH AVE SOUTH
STREET VACATION
Noie: This map is intended for use as a graphicat representation onty,
Map made by John Mulkey
Map Updated Nov 22.2006
The City of Federal Way makes no warranty as to its accuracy. ,
.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, REGARDING VACATION
OF A. PORTION OF 35TH AVENUE SOUTH, SETTING A
PUBLIC HEARING FOR THE STREET VACATION.
WHEREAS, a proper petition has been filed requesting
vacation of a portion 35th Avenue South, at the northerly end of 35th
Avenue S, north of S 336th Street in the City of Federal Way, as
described in Exhibit "A" (legal description) and as depicted on
Exhibit "B" and.Exhibit C (Vicinity Map) attached hereto;
WHEREAS, the petition contains the signatures of the
owners of at least two-thirds of the property abutting the portion
of 35th Avenue South proposed to be vacated;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY HEREBY RESOLVES AS FOLLOWS:
Section 1. A public hearing on the aforesaid vacation
petition shall be held at the regular meeting of the Federal Way
City Council at 7:00 p.m. on January 16, 2007, in the Council
Chambers in the City Hall, 33325Sth Ave. South, Federal Way,
Washington. Said hearing date is not more than. sixty (60) nor less
than twenty (20) days after the date of the passage of this
resolution.
. Res. #
, Page 1
Section 2. The City Clerk shall give at least twenty
. (20) days notice of the hearing and cause the notice to be posted
as provided by law.
Section 3.
The Public Works Director shall obtain the
necessary approval or rejection of, or other information from the
City departments, affected agencies, and utilities, fire and police
agencies, and shall transmit such information to the City Council
so that the matter can be considered by the City Council at the
public hearing on January'16, 2007.
Section 4. Severability If any section, sentence,
clause or phrase of this resolution should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or
. constitutionality of any other section, sentence, clause or phrase
of this resolution.
Section 5. Ratification. Any act consistent with the
authority and prior to the effective date of the resolution is
hereby ratified and affirmed.
Section 6 . Effective Date. This resolution shall be
effective immediately upon passage by the Federal Way City Council.
.
Res. #
, Page 2
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RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,'
WASHINGTON, this
day of
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:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. :
Res. #
, Page 3
, 2006.
.
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Exbibit"""A~ .
Perimeter oftolal vacation
Beginning at the most northerly corner of Lot I, Henseit's Fiest Addition, Volume 62, Page 55, Records of
King County, Washington:
Thence North 28"08'00" East, along the northerly extension of the westerly line of said Lot I, a distance of
20.00 feet;
Thence South 61052'00" East, a distance of20.00 feet to a point on the southerly extension oftbe westerly
line of said Lot 5, Hensell's First Addition, Volume 62, Page 55, Records of King County, Washington;
Thence South 28"08'00" West, a distance of 10.00 feet;
Thence South 61052 '00" East, a distance of 10.83 feet to a point on the northerly extension of the east line
of said Lot I;
Thence South 00057'00" East, a distance of 11.44 feet to the northeast corner of said Lot I;
Thence North 61052 '00" West; along the north line of said Lot I; a distance of 36.40 feet to the Point of
Beginning. .
.
.
.
EXHIB/T "'B"
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Cramer Northwest Inc.
Surveyors Planners & Engineers
945 N. CENTRAL,
(253)852-4880 (local)
(253)852-4955 (fax)
DRAWN BY: O.8.H. SCALE:
JOB NO.: 2006...,. 10 1 NTS
STE. #104, KENT, WA 98032
1-(800)251-0189 (toll free)
E-MAIL: cni@cramernw.com
SHEET: DATE:
1 OF 1 Wed.. Nov. 8. 2006
/
M. EDWARDS
PARCEL NO. 6143600415
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VICINITY MAP
35TH AVE SOUTH
STREET VACATION
Noie: This map is intended. for use as a graphical representation only.
Map made by John Mulkey
Map Updated Nov 22. 2006
The City of Federal Way makes no warranty as to I/s accuracy.
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Parcels within 300' of proposed
area to be vacated.
N
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Map Printed-Sep 5 2006
Excel file K:\streets\street vacation\campus estates\300' parcels mailing list info
. Word file for labels: K:\streets\street vacation\ .
campus estates\labels 300ft 09052006
Federal Way
CityMap
. / Streets To Be Vacated
EJ Subdivision Boundaries
D Parcels
FILE
Map made by ~cm
..,
Note: This map is intended for use as a graphicat representation only.
The City of Federal. Way makes no walTanty as to its accuracy.
.
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.
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COUNCIL MEETING DATE: December 19,2006
ITEM #: 6-a
-..---.---..--.-.-----------.-..-.----------------------------
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ARTS COMMISSION MEMBER APPOINTMENT
POLICY QUESTIONS:
1. Should any of the candidates interviewed at the special meeting on December 5, 2006 be appointed by
Council to fill the three vacancies (two full-term appointments and one unexpired term) on the Arts
Commission?
2. Should any of the candidates be appointed to serve as alternates on the Arts Commission?
COMMITTEE: Not Applicable
CATEGORY:
D Consent
[gJ City Council Business
MEETING DATE: Not Applicable
D
D
D Ordinance
D Resolution
Public Hearing
Other
STAFF REpORT By: Laura Hathaway, City Clerk
DEPT: Management Services
Attachments: None.
Background: At a special meeting on December 5, 2006 the City Council interviewed five applicants to fill two
vac:;mcies on the Arts Commission with terms expiring December 31, 2009 and one vacancy for an unexpired
term expiring December 31, 2007.
Options Considered:
1. Appoint the following candidates as regular, voting members to the Arts Commission with terms
expiring December 31, 2009:
a. Mary Tvnan
b. Jann Perez
2. Appoint the following candidate to fill the unexpired term expiring December 31, 2007:
a. Karen Oleson
3. Appoint the following candidates as alternates to the Arts Commission with terms expiring December
31,2009 (standard four-year terms):
a. Bruce Lee
b. Gwen Fenbert
4. Direct staff to re-advertise the vacancy.
STAFF RECOMMENDATION: Not Applicable
CITY MANAGER ApPROVAL:
N/A
DIRECTOR ApPROVAL:
N/A
Committee
N/A
Council
Committee
COMMITTEE RECOMMENDATION: Not Applicable
.
.
.
PROPOSED COUNCIL MOTION: "I move approval of option(s) 1,2 and 3.
***Note: If candidates are appointed, the City Clerk will arrange for introduction and presentation of the appointment
certificates at the January 2, 2007 regular meeting.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02106/2006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
.
.
.
.
.
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.
.
.
COUNCIL MEETING DATE: December 19,2006
ITEM #:
6-b
-..-.-..-----..-.---...-----.-.--.-.--.--.-....--.--..----...--.---....--.---.---.-.-.-...-....-.-.----...--.-------.-.-.-.--.-.---------.----.------.----.----
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
I
SUBJECT: Campus Estates Right-of-Way Vacation I
I
POLICY QUESTION: SHOULD THE CITY COUNCIL DENY THE PETITION FOR VACATING THE RIGHTSOF-'r A Y
IN CAMPUS ESTATES WHEN SOME ABUTTING PROPERTY OWNERS Do NOT WANT TO ACCEPT THE PROPERTY
AND/OR GRANT A TRAVEL EASEMENT? I
I
COMMITTEE: N/A
MEETING DATE:
CA TEGORY:
D Consent
X City Council Business
D
D
Public Hearing
Other .
Ordinance
D Resolution
STAFF REpORT By: PAT RICHARDSON DEPT: Public W orkslLaw I
~:~:~~~~~~-~~~~-~~~Ci~~~~~:~~::l:-he~ri:~~:~:~~~:~.-:~:-:~t~~::.~::~e- th~-:~hts-of-::~~:::-~I:~=-
Estates. After receiving testimony Council directed the City Manager to direct Staff research whether the right-qf-way
vacation could occur if all abutting property owners disagreed, and research the potential cost to the individuals, and draft
proposed maintenance agreement to maintain the infrastructure, and criteria for the gate. I
On. Nov,:mber 21, 2006, S.taff informed Co~ncil that the C~ty Manager sent a lett~r along with the attached .docrm~nt
entItled Campus Estates Right-of-Way VacatIOn" to all abuttmg property owners asking those property owners dlsa~eemg
with the proposed ROW vacation to respond. The City received four written responses and two verbal responses! The.
Homeowner's Association requested Council continue the matter until December 19th as their attorney was not ~ble to
review the document and contact the City Attorney. I
Council moved to continue the matter to December 19th to afford the Homeowners' Association attorney to contact t~e ~ity
Attorney, and directed Staff to stop further researching the issue: 1'0 date the City has not been contacted. Accordingly,
. Staff recommends that Council deny the petition to vacate the rights-of-way within Campus Estates.
Attachments:
Options Considered:
1. Document entitled "Campus Estates Right-of-Way Vacation".
1. Deny the petition to vacate the rights-of-way within Campus Estates.
~TAFF RECOMM;NDATION: -Deny th:;etiti~~ t~-;aca~~;~~-;~ghts of way within C~-mpus Estate;-"i-
fk
CoUncil
I
CITY MANAGER ApPROVAL:
4-
Committee
DIRECTOR ApPROVAL:
Committee
COMMITTEE RECOMMENDATION: N/A
Committee Chair
Committee Member
Committee Membe~
PROPOSED COUNCIL MOTION: "] move approval of option one. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLED/DEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006 .
COUNCIL Bll..L #
] ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
.
.
.
CAMPUS ESTATES RIGHT -OF-WAY V ACA TION
The only means for the City to transfer its right-of-way ("ROW") is through the statutory
method set forth in Title 35.79 of the Revised Code of Washington ("RCW"). The limitation of
the ROW vacation is significant because the vacated portions of the ROW can be transferred only
to the abutting property owners. Consequently, organizations, neighbors or other individuals
generally can not have any legal affect on the vacation unless parcels become landlocked.
Under state statute the vacation can specify or create an easement "for the construction, repair
and maintenance of public utilities and services." Public utilities are defined to include water,
sewer, and telephone. Cable television is not considered a public utility.
The vacation of the ROW creates an individual property interest for the abutting property
owner. Because the City owns the land in fee, the abutting property owners would need to have
the property surveyed to establish the new legal description for each deed. As with all private
property, the owner may deny access. Additionally, as mentioned previously, the vacation of the
ROW is most likely invalid if the result landlocks a parcel ofland. Consequently, in Campus
Estates all abutting property owners need to agree to accept the land from the vacation of the
ROWand also agree to execute a "travel easement" because there are no alternative ways of
access.
Lastly, state statute gives Council discretion for compensation of the vacated ROW because
the language states the ordinance vacating the ROW "mav provide that it shall not become
effective until the owners of the property abutting upon the street. ... compensate [the] city. . .
which does not exceed one-halfthe appraised value of the area vacated." The ROW vacation
. ordinance should state the amount of compensation or a formula by which the value will be
calculated.
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COUNCIL MEETING DATE: December 19,2006 ITEM #:
7-a
.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Amendments to Federal Way City Code (FWCC) Chapter 22, Article I, "Definitions"; Article XI,
"District Regulations" (Single Family Residential [RS] and Multifamily Residential [RM] Zoning Charts);
and Article XIII, "Supplementary District Regulations."
POLICY QUESTION: Should the City approve amendments to the FWCC, Chapter 22 regarding flag lots?
COMMITTEE: LUTe
MEETING DATE: December 19, 2006
CATEGORY:
o Consent
o City Council Business
[8] Ordinance
o Resolution
o
o
Public Hearing
Other
STAFF REpORT By: Janet Shull AICP Contract Planner DEPT: Community Development
----------..---..______~__._"______J.__.____._.....__._...._..____....._..__________.__.___.._......___..............__.........~........_............__.._.__....._.__...._._____.____._______._.__
Planning Division staff conducted a review of how existing development regulations should be applied to "flag lots" and
prepared recommended amendments to FWCC Chapter 22 ("Zoning"), including definitions of flag lots, lot area, panhandle
lot, primary vehicular access, and property line; adding illustrations for setback requirements for flag lots; modifying Use
Zone Charts Section 22-631, Section 22-648, Section 22-666, and Section 22-667 to clarify side-yard setbacks for comer lots
and adding a note regarding calculation oflot coverage for flag lots; and adding a clarification to Section 22-955 regarding lot
coverage calculations for flag lots. The Planning Commission conducted a public hearing on November 8, 2006, and
recommended to the council approval of these recommended code amendments.
.
---~_._------...------._-._----,___.._..______.___.___w_..._.___...__.._.~_.__.._.__._.________._.._..........R_...~..__....__....___R.._._R......_.__..._______..__~_._
Attachments: November 20, 2006, Memorandum to the Land Use Transportation Committee (LUTe) with Exhibits 1~3_
_R_____~_____..__......_...__...__._.___..___~____.____.____.____.~.___________.._._____.______.__._...__...............__.._.......__............._......_.....~_..__._.._..__...._.._.____._..'_"_..
Options Considered: Modification ofthe recommended amendments to the FWCC; no amendments to the FWCC
-------.------~--.__.-_.....-.._.------_-__..____.______...______~._..___..R__..._.____.__.._.._._......._.._...........__~__...._.~._........_.._~..__,.__._._._.__...______._._
STAFF RECOMMENDATION: Staff recommends Council approve the recommended amendments to the FWCC.
COMMITTEE RECOMMENDATION: Forward the staffre
readin
DIRECTOR ApPROVAL:
itt\lc
Connnittee
~
CITY MANAGER ApPROVAL:
Eric Faison, Member
PROP S Co ClL MOTION: "] move approval of the proposed code amendments, which are attached as Exhibit A to
the adoption ordinance to second reading and enactment at the next regular Council meeting on January 2, 2007_ "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
. 0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL /I
1ST reading
Enactment reading
ORDINANCE /I
RESOLUTION /I
File #06-105059-00-UP
Doc JD 38896
.
.
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~
CITY OF ~
. Federal Way
PLANNING COMMISSION
RECOMMENDATION
November 20, 2006
To:
Jack Dovey, Chair
Land Use/Transportation Committee (LUTe)
Neal Beets, City Manager W \ i fl\\.V
Kathy McClung, Director of Community Development Services V 'I ~
Margaret H. Clark, AI CP, Senior Planner '/'flIt' A ~J.
Janet Shull, AICP, Contract Planner ~ ~ .,..
Amendments to Federal Way City Code (FWCC) Chapter 22, Article I,
"Definitions"; Article XI, "District Regulations" (Single-Family Residential RS
and Multifamily Residential RM Zoning Charts); and Article XIII,
"Supplementary District Regulations." Files #06-105059-00-UP/06-10S060-SE
VIA:
FROM:
SUBJECT:
MEETING DATE: December 4, 2006
1. BACKGROUND
The Community Development Services Department staff is proposing amendments to the zoning code
(FWCC Chapter 22) in order to clarify how "flag lots" are defined, and how typical setback
requirements are to be applied to proposed residential development on flag lots; The City of Federal
Way zoning code does not currently provide specific direction as to how lot size and lot coverage
calculations are determined for flag lots, nor how front, side, and rear setback requirements are to be
applied to these irregularly shaped lots. In addition, staff is proposing new language in the single-
family (RS) and multifamily (RM) use zone charts to clarify how setback requirements are applied to
comer lots.
Staff prepared draft amendments to the FWCC for consideration by the Planning Commission at a
November 8, 2006, public hearing. The staff report for the November 8, 2006, Planning Commission
Meeting with Exhibits A-G is enclosed as Exhibit J and minutes for that meeting as Exhibit 2.
II. SUMMARY OF PROPOSED AMENDMENTS/PLANNING ST AFF RECOMMENDATION
The following is a summary of the proposed FWCC amendments (Exhibits A-G of Exhibit I) as
presented to the Planning Commission. Proposed new language is shown as underline and
language proposed to be deleted is shown as strikeout.
A. Modify FWCC Section 22-1 to add definitions for "flag lot," "lot area," and "panhandle
lot," and modify existing definitions for "primary vehicular access" and "property line"
.
.
.
(Exhibit A of 1).
The attacheq Exhibit A of 3 provides draft language for a proposed definition of "flag lot." Since
the term "panhandle lot" is ~lso commonly used to describe the same type of lot configuration, it
is recommended that a listing for panhandle lot be added to the definitions section with a cross-
reference to flag lot.
A new definition of ~'Iot area" is proposed that clarifies that the access easement or "flag pole"
portion of a flag lot is not considered in calculating minimum lot area.
A modification to the definition of "primary vehicular access" is proposed to include "vehicular
access easement or private tract" in the definition. This is necessary as it relates to how setback
requirements are determined for flag lots.
A modification to the existing definition of "property line" is proposed that will clarify how
front, side, and rear setback requirements are to be applied to comer lots and flag lots.
B. Modify FWCC Section 22-1 to add graphics illustrating the application of setback
requirements to flag lots (Exhibit B of 1).
Exhibit B of 3 illustrates how setback requirements are to be applied to flag lots. The different
examples are provided to address the potential relationship between flag lot configuration and
the right-of-way the flag lot is connected to via an access easement or driveway.
C. Modify FWCC Use Zone Chart Section 22-631, Detached Dwelling Units inRS Zone"; Use
Zone Chart Section 22-648, "Accessory Dwelling Units in RS Zone"; Use Zone Chart
Section 22-666, "Detached Dwelling Units in RM Zone"; and Use Zone Chart Section 22-
667, "Attached, Detached and Stacked Dwelling Units in RM Zone" to clarify side yard
setbacks for corner lots and add a note regarding exceptions to calculation of lot coverage
(Exhibits C-F of 1).
Exhibits C-F of 3 show proposed amendments to existing use zone charts for single-family and
multifamily development to provide clarification as to how side yard setbacks are calculated for
comer lots. The side yard setback for that portion of the lot adjacent to a right-of-way that is not
utilized as the primary vehicular access is 10 feet.
The second proposed change to the use zone charts is a note that the method for calculating lot
coverage for flag lots is found In FWCC Section 22-955.
D. Modify FWCC Section 22-955 to clarify that the flag pole portion of a flag lot is not
considered in lot-coverage calculations (Exhibit G of 1).
. III. PLANNING COMMISSION RECOMMENDATION
The Planning Commission conducted a public hearing on November 8, 2006. After the close of the
public hearing, the Planning Commission discussed the staff recommendations and recommended
approval of the staff recommendation to the City Council.
Flag Lot Code Amendments
Planning Commission Recommendation to LUTC
1:12006 Code Amendmenls\Flag LolsILUTC\120406 MeelinglPC Rec SlaffReport to LUTC.doc
File #06-105059-UP/Doc ID 38897
Page 2
.
.
.
The Planning Commission Recommendation is shown in Exhibits A-G of Exhibit 1.
IV. ADDITIONAL CHANGES PROPOSED BY STAFF
Staff has made one change to FWCC Chapter 22, Article XI, "District Regulations"'as shown in
Exhibits C-F of Exhibit 3, purely for clarification purposes. The note added to the zone charts has
been changed to more specifically reference Section 22-955(b )(2), instead of Section 22-955, to make
it clear that the note pertains only to flag lots. This new change is shown as double underline. The
intent of the previous amendments as presented to the Planning Commission at their November 8,
2006, public hearing has not changed.
V. LAND USE/TRANSPORTATION COMMITTEE OPTIONS/STAFF RECOMMENDATION
The Committee has the following options:
1. Recommend that the full Council adopt an ordinance approving the proposed code amendments
as recommended by the Planning Commission and the additional changes related to references to
lot coverage calculations in use zone charts proposed by staff. (These changes are discussed in
Section IV of this staff report and shown as double underline. in Exhibits C~F of Exhibit 3).
2. Recommend that the full Council modifY and then approve the proposed code amendments.
3. Recommend that the full Council disapprove the proposed code amendments.
Staff recommends that the LUTC recommend to the full Council Option No. 1 above, that is, adoption
of the Planning Commission Recommendation with the additional staff changes.
V. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION
The LUTC forwards the proposed amendment to the full Council for first reading as follows:
As recommended by Planning Commission, including additional staff changes.
As recommended by Planning Commission (including additional staff changes) and
amended by the LUTC
,."f:'~P.RON AL~0FG(&MMTmEE~e1710N:
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Flag Lot Code Amendments
Planning Commission Recommendation to LUTC
1:\2006 Code Amendments\Flag Lols\LUTC\] 20406 MeetingIPC Rec Staff Report to LUTC.doc
File #06-1 05059-UPlDoc JD 38897
Page 3
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LIST OF EXHIBITS
Exhibit I
Exhibit 2
Exhibit 3
Staff Report for the November 8, 2006, Planning Commission Meeting with Exhibits A-G
Minutes of the November 8, 2006, Planning Commission Meeting
Draft Adoption Ordinance with Exhibit A
File #06-105059-UP/Doc ID 38897
Flag Lot Code Amendments
Planning Commission Recommendation to LUTC
1:\2006 Code Amendments\Flag Lots\LUTC\ 120406 Meeting\PC Rec Staff Report 10 LUTC.doc
Page 4
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...~
CITY OF ~
Federal Way
J
OF-5
EXHIBIT
PAGE ,
------
STAFF REPORT TO THE PLANNING COMMISSION
Proposed Flag Lot Development Standards
Amendments to Federal Way City Code (FWCC) Chapter 22
Article I, "Definitions," Article XI, "District Regulations" (Single-Family
Residential RS and Multifamily Residential RM Zoning Charts), and
Article XIII, "Supplementary District Regulations"
File No. 06-10S0S9-00-UP I 06-10S060-SE
Public Hearing of November 8, 2006
I.
BACKGROUND
The Community Development Services Department staff is proposing amendments to the zoning code
(Federal Way City Code [FWCC] Chapter 22) in order to clarify how "flag lots" are defined, and how
typicai setback requirements are to be applied to proposed single-family development on flag lots.
The City of Federal Way zoning code does not currently provide specific direction as to how lot size
and lot coverage calculations are determined for flag lots, nor how front, side, and rear setback
requirements are to be applied to these irregularly shaped lots. In addition, staff is proposing new
language in the single-family (RS) and multifamily (RM) use zone charts to clarify how setback
requirements are applied to corner lots.
Pursuant to FWCC Section 22-520(b), the City Council may review city-initiated changes to the text
of the zoning code from time to time at the council's discretion. The Planning Commission is being
asked to review the proposed changes to the zoning code. and forward a recommendation to the city
council. The following staff-proposed zoning text amendments are addressed in this staff report:
1. Modify FWCC Section 22..:1 to add definitions for "flag lot," "lot area," and "pan
handle lot"; and modify existing definitions for "primary vehicular access" and
"property line" (Exhibit A).
II. Modify FWCC Section 22-1 to add graphics illustrating the application of setback
requirements to flag lots (Exhibit B).
ill. Modify FWCC Section 22-631, use zone chart for detached dwelling units in RS zone,
to clarify side-yard setbacks for comer lots and add a note regarding calculation oflot
coverage for flag lots (Exhibit C). .
IV. Modify FWCC Section 22-648, use zone chart for accessory dwelling units in RS zone,
to clarify side-yard setbacks for comer lots and add a note regarding calculation of lot
coverage for flag lots (Exhibit D).
V. Modify FWCC Section 22-666, use zone chart for detached dwelling units in RM zone,
to clarify side-yard setbacks for comer lots and add a note regarding calculation of lot
coverage for flag lots (Exhibit E). ..
Flag Lot DevClopment Standards - Code Amendments
Planning Commission Staff Report
File #06-1 05059-OO-UP I Doc 10 38628
Page I
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EXHIBIT ,_~._
PAGEiOF~
VI. Modify FWCC Section 22-667, use zone chart for attached, detached, and stacked
dwelling units in RS zone, to clarify side-yard setbacks for comer lots and add a note
regarding calculation of lot coverage for flag lots (Exhibit F).
VII. Modify FWCC Section 22-955 to clarify that the "flag pole" portion of a flag Jot is not
considered in lot coverage calculations (Exhibit G).
Summary of Findings and Recommendations
· The City of Federal Way is experiencing numerous requests for subdivision of parcels into flag
lots where one or two parcels are located behind a lot With traditional right-of-way frontage. These
flag lots are accessed via an access easement or driveway.
· The City of Federal Way currently does not have a definition of flag lot in the zoning code.
· The FWCC does not currently address how front, side, and rear yard setback requirements are to
be applied to flag lots (lots that are not adjacent to a right-of-way).
· The FWCC does not currently specify how front, side, and rear yard requirements should be
applied to comer lots (lots that are adjacent to more than one primary vehicular access).
· Application of a maximum lot coverage calculation for flag lots is not addressed in the FWCC.
· Currently, application of setback and lot coverage requirements for development of flag lots is
handled administratively on a "case-by-case" basis. This translates into more review time for staff,
as well as a sense of uncertainty for the applicant.
· Modifying FWCC Chapter 22 to add a definition for flag lots and lot area, and modifying existing
use zone charts to clarify how setback and lot coverage requirements shall be applied to flag lots,
will lend greater predictability to the application of development standards for flag lots in future
development proposals. .
· Modifying FWCC Chapter 22 to modify the existing definition for property line and modifying
existing use zone charts to clarify how setback requirements shall be applied to comer lots will
lend greater predictability to the application of development standards for comer lots in future
development proposals.
II. PROPOSED CODE AMENDMENTS
A. Recommended Amendments.to Article I Definitions (Exhibit A)
The attached Exhibit A provides draft language for a proposed definition of flag lot. Since the
term "panhandle lot" is also commonly used to describe the same type of lot configuration, it is
recommended that a listing for panhandle lot be added to the definitions section with a cross-
reference to flag lot.
A new definition of "lot area" is proposed that clarifies that the access easement or "flag {>ole"
portion of a flag lot is not considered in calculating minimum lot area.
Flag Lot Development Standards - Code Amendments
Planning Commission Staff Report
File #06-I05059-OO-UP I Doc ID 38628
Page 2
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EXHIBIT '-
PAGEJ.OF~
.--
A modification to the definition of "primary vehicular access" is proposed to include "vehicular
access easement or private tract" in the definition. This is necessary as it relates to how setback
requirements are determined for flag lots.
A modification to the existing definition of "property line" is proposed that will clarify how
front, side, and rear setback requirements are to be applied to comer lots and flag lots.
B. Recommended Exhibit to Illustrate Flag Lot Setbacks (Exhibit B)
A draft exhibit has been prepared that illustrates how the proposed setback requirements are to
be applied to flag lots. The different examples are provided to address the potential relationship
between flag lot configuration arid the right-of-way the flag lot is connected to via an access
easement or driveway.
Where a flag lot is created with access via easement or driveway to an arterial or primary
collector, "Lot 1," as depicted in the examples, must be accessed via the access easement that
also serves as the driveway for the flag lot. Where the flag lot is not connected to an arterial or
primary collector, then Lot 1 may be accessed either via the adjacent right-of~way, or via the
access easement that also serves the flag lot.
The last example shows how access is provided.to lots where a flag lot is the third lot back from
the street. This configuration is only possible where Lot 1. fronts a street that is not designated an
arterial of primary collector. This is because Lot I must have direct access to the adjacent street.
No more than two lots (in this case Lots 2 and 3) may have access from the access easement.
In each example, the front yard is considered to be the yard that fronts the "primary vehicular
access. "
C. Recommended Modification to Existing Use Zone Charts to Clarify Setback Requirements
for Flag Lots and Corner Lots, and Clarify Lot Coverage Requirement for Flag Lots
(Exhibits C-F)
The proposed modifications to existing use zone charts for single-family and multifamily
development provide clarification as to how side-yard setbacks are calculated for comer lots. Side
yard setbacks for the portion of the lot adjacent to a right-of-way that is not utilized as the primary
vehicular access is 10 feet. Otherwise the traditional five-foot side yard setback will apply.
The second proposed change to the use zone charts is a note that cross-references Section Z2-
955 for calculating lot coverage for flag lots.
D. Recommended Modification to FWCC Section 22-955 to Clarify Lot Coverage Calculation
for Flag Lots (Exhibit G)
The last proposed modification is to add language to Section 22-955, "Calculating Lot
Coverage," that clarifies that the flag pole portion of a lot will not be considered in determining
compliance with the maximum lot coverage calculation.
File #06-1 05059..oo-UP I Doc ID 38628
Page 3
Flag Lot Development Standards - Code Amendments
Planning Commission Staff Report
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EXHIBIT ~-
PAGE___OF-S-- ~
.-.,.
-
Staff recommends that the following be recommended for approval to the City Council:
I. Amendments to FWCC Section 22- I, "Definitions," to add a definition of flag lot and
lot area, and modify definitions for primary vehicular access, and property line;
2. An amendment to FWCC Section 22-1, "Definitions," to add an exhibit illustrating
how setback requirements shall be applied to flag lots;
3. A modification to FWCC Sections 22-631, 22-648, 22-666, and 22-668 to clarify
side-yard setbacks for-corner lots and add a note regarding calculation oflot coverage
for flag lots; and
4. A modification to FWCC Section 22-955, "Calculating Lot Coverage," to establish
that the portion of a lot that is located within the flag pole or access panhandle part of
the lot will not be used or considered in determining compliance with the maximum
lot coverage requirement.
IV. REASON FOR PLANNING COMMISSION ACTION
FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria for
zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission
is as follows:
1. To review and evaluate the zoning code text regarding any proposed amendments.
2. To determine whether the proposed zoning code text amendment meets the criteria
provided by FWCC Section 22-528.
3. To forward a recommendation to City Council regarding adoption of the proposed zoning
code text amendment.
V.
DECISIONAL CRITERIA
FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes
the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section
22-528. The City may amend the text of the FWCC only if it finds that:
1. The proposed amendment is consistent with the aPJ>licable provisions of the
comprehensive plan.
The proposed FWCC text amendment is consistent with the following Federal Way
Comprehensive Plan (FWCP) goals and policies. The request complies with the following goals:
LUP J 6 - Revise existing land use regulations to provide for innovation and flexibility in the
design of new sirigle-family developments and in-fill.
HG J - Preserve and protect the quality of existing residential neighborhoods and require new
development to be of a scale and design that is compatible with existing neighborhood
character. -
Flag Lot Development Standards - Code Amendments
Planning Commission Staff Report
File 1106- 105059-OO-UP I Doc ID 38628
Page 4
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EXHIBIT , -
PAGE-LOF-5
~ ., .
2. The proposed amendment bears a substantial relationship to public health, safety, or
welfare.
The proposed FWCC text amendment bears substantial relationship to the public health, safety,
and welfare because it provides for setback and minimum lot size requirements that will ensure
adequate and consistently-applied building separation and buildable lot area requirements for flag
lot development within single-familyneighborhocids.
3. The proposed amendment is in the best interest of the residents of the City.
Approval of the proposed code amendment would benefit the City as a whole as it would help
ensure that flag lot development fits in more effectively with traditional single-family lot
configurations where each lot has direct access to the adjacent right-of-way.
VI. PLANNING COMMISSION ACTION
Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the
following actions. regarding the proposed zoning code text amendments:
1. Recommend to the City Council adoption of the FWCC text amendments as proposed;
2. ModifY the proposed FWCC text ame~dments and recommend. to the City Council adoption of
the FWCC text amendments as modified;
3. Recommend to the City Councilthat the proposed FWCC text amendments not be adopted; or
4. Forward the proposed FWCC text amendments to the City Council without a recommendation.
VII. EXHIBITS
Exhibit A - Proposed Modified FWCC Section 22-1, "Definitions": flag lot, lot area, pan handle,
property line, and required yards
Exhibit B ~ Proposed Setback Requirements for Flag Lots
Exhibit C - Proposed Modified Use Zone Chart FWCC Section 22-631
Exhibit D - Proposed Modified Use Zone Chart FWCC Section 22-648
Exhibit E - Proposed Modified Use Zone Chart FWCC Section 22-666
Exhibit F -:- Proposed Modified Use Zone Chart FWCC Section 22-667
Exhibit G - Proposed Modified FWCC Section 22-955, "Calculating Lot Coverage"
Flag Lot Development Standards - Code Amendments
Planning Commission Staff Report
File #06-1 05059-OQ-UP / Doc ID 38628
Page 5
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EXHIBIT A
FEDERAL WAY CITY CODE
Chapter 22
22-1 Definitions
F/af! lot or "panhandle lot" means a platted lot in the shape of a flag or pan that is connected'
to the road or street right-of-way by a narrow strip of land. The narrow strip of land connecting
the main portion of the lot to the road or street right-of-way is the "flag pole" or "access
panhandle" part of the lot.
Lot area means the minimum lot area per dwelling unit based on the underlying zone.
For single family lots. the area of a vehicular access easement. private tract "flag pole."
or "access panhandle" shall not be credited in calculation of minimum lot area.
Pan handle lot means flag lot.
Primary vehicular access means the maj&F street. vehicular access easement. or private tract
from which the majority of vehicles enter the subject property.
Property line means those lines enclosing the subject property and those lines defining a
recorded vehicular access eaSement or tract. The following are categories of property lines:
(l). The front property line is any property line that is adjacent to a right of way whieh is
more than 21 feet in widtl'., excluding Interstate 5. If the subject proJlerty is adjacent to more than
one right of way which is mare than 21 feet in width, the applicliRt shall sesignate '.'.melt af the
. adjaeeftt property lines is the nent property line and the remainder af sueh adjaeent Jlreperty lines
v/ill he considered as either a rear prepertyline or side praperty line, hased on the definitiofl in
this sectian. If the subjeet property is net aejaeent ta a right of 'way 'lIhieh is more than 21 feet in
-:,idth. then the Hent property line is the preperty line adj~ent or principally eriented to the street
pre-Rsing primary vemeular aeeess to the sahject pr-operty, as determines by the direetor of the
deplHtmeRtof cammunity sevelepmeftt. The front prooertv line is any property line that is
adjacent to a primary vehicular access. If the' subject' property is adjacent to more than one
primary vehicular access. the applicant shall designate which of the adjacent property lines is the
front property line and the remainder of such adjacent property lines will be considered as either a
rear property line or side propeltv line. based on the definition in this section. except the property
line adjacent to an arterial or primary collector shall not be designated as a primary vehicular
access.
(2) For flag lots. the yard setbacks shall be the same as the underlying zone setbacks. except
the front yard setback area shall be applied per Exhibit B.
~ ill The rear property line is any property line that is farthest from, and essentially parallel
to, the front property line.
ffl ill The side property line is any property line other than a front property line or a rear
property line.
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EXHIBIT G
FEDERAL WAY CITY CODE
Chapter 22
22-955 Calculating lot coverage.
(a) General. Except as specified in subsection (b) of this section, the area of all structures,
pavement and any other impervious surface on the subject property will be calculated as a
percentage of total lot area, exclusive of the area of any recorded access easements, in
determining compliance with maximum lot coverage required in this chapter. If the subject
property contains more than one use, the maximum lot coverage requirements for the
predominant use will apply to the entire development
(b) Exceptions. The following shall be excepted from the provisions of this section:
(1) A wood deck will not be considered as an impervious surface for maximum lot coverage
proposed if the deck is constructed with gaps between the boards and if there is a pervious surface
below the deck.
(2) A vehicular access easemen~ 6f private tract.. or that portion of a private driveway located
within the "flag pole". or "access panhandle" part of the that serves more than ORe lot will not be
used or considered in determining compliance with the maximum lot coverage requirement of
this chapter.
(3) One-half of the area covered with grass grid pavers will be considered as impervious
surface in determining compliance with the maximum lot coyerage requirement of this chapter.
(Ord.No. 90-43, ~ 2(i15.90), 2-27-90; Ord. No. 98-309, ~ 3,1-6-98)
Macintosh JID:Users:janet:Documents.:Microsoft User Data:Saved Attachments:Section ll-955.doc
CITY OF FEDERAL WAY
PLANNING COMMISSION
~ 2-
PAGE-LbF: 2.
-'-
.
November 8, 2006
7:00 p.m.
City Hall
Council Chambers
MEETING MINUTES
Commissioners present: Hope Elder, Dave Osaki, Dini Duclos, Merle Pfeifer, Bill Drake, and Lawson Bronson.
Corrimissioners absent: Wayne Carlson (excused). Alternate Commissioners present: Richard Agnew, Kevin King,
and Caleb Allen. Alternate Commissioners absent: none. Staff present: Community Development Services Director
Kathy McClung, Planning Consultant Janet Shull; Assistant City Attorney Amy Jo Pearsall, and Administrative
Assistant E. Tina Piety. .
Chairperson Elder called the meeting to order at 7:00 p.m.
ApPROV AL OF MINUTES
Commissioner Duclos moved and it was seconded to adopt the October 18, 2006, minutes. The motion was carried.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
.Moved to the end of the meeting.
COMMISSION BUSINESS
ELECTIONS
Hope Elder was nominated for the position of Chair. There were no other nominations. Ms. Elder was unanimously
selected. Dini Duclos was nominated for the position of Vice-Chair. There were no other nominations. Ms. Duclos
was unanimously selected.
PUBLIC HEARING - Flag Lots Code Amendment
Chair Elder opened the public hearing. Ms. Shull delivered the staff report. The proposed amendments will add
definitions and clarify how existing setbacks are to be applied to flag lot development. Ms. Shull explained a
graphic (Exhibit B of the staff report) that shows how the proposed amendments will work. She stated that access
to residential lots is prohibited from an arterial or primary collector for safety reasons. The front yard of a
residential lot is adjacent to where vehicles access the lot.
Commissioner Drake.asked if the size of the setbacks next to an arterial due to sight distance. Ms; Shull replied that
is one of the reasons. Another is to allow parking in front of the house and/or garage. Commissioner Drake asked
what would happen if there were two flag lots side-by-side. Ms. Shull replied that situation would require a
different arrangement than the proposed for access. She commented that no more than two lots may have access off
a panharidle. Staff is currently working with Public Works staff on access for this type of situation. It is a different
category of development.
eUbliC Testimony
K:\Planning Commission\2006\Mecling SufID'1'laI'Y J.I.08-06.doc .
Planning Conmlission Minutes Page 2 October 18, 2006
. .Ih . . PAGE ' oi 2---' _'---
Rodney Grant, 2202 South 300 Street - He IS a property owner who ran m~slOn 'by city SlaB i.F" ·
regards to the setbacks for his flag lot. He feels these amendments will clarify the issue and help
owners to obtain the best use from their property. It will make things easier.
.
Dini Duclos moved adoption of the staffs recommendation and the motion was seconded. There was no
discussion. The motion passed. Chair Elder closed the public hearing.
ADDITIONAL BUSINESS
None
ADMINISTRATIVE REpORT
Ms. McClung informed the Commission that the city has purchased the old SeaTac North Theater (Cratsenberg)
property. The city will be seeking a developer to design a project that will follow the Federal Way Comprehensive
Plan and will bring to light the potential of Federal Way's downtown. The Public Safety initiative passed, which
means the Community Development Services Department will be hiring a new Code Compliance Officer who will
focus on quality of life issues, such as graffiti. The Building Official has accepted a position with the City of
Spokane Valley and will be leaving in late December.
The city recently held a stakeholders meeting and about 30 people attended. Most of the time is spent listening to
their permit process experience. From this, staff has prepared a list of concerns that the staff is working to improve.
The city is preparing to annex all of the remaining Potential Annexation Area (P AA) and is close to reaching an
agreentent with King County. King County is encouraging all cities in the county to annex their areas and is willing
. to help fund the process. The city and King County are meeting with homeowner associations in the P AA for their
. input and to answer questions on this issue. It is likely that an election on annexation will occur in November 2007,
with the areas becoming a part of the city in January 2009.
The city is in the midst of its budget process and the City Council is very interested in staffing levels. They are
concerned about whether departments have enough staff to complete their workloads. Departments were asked to
make 2% cuts, so Community Development Services is not asking .for new staff.
Ms. McClung asked the Commission to be thinking about what code amendments, if any, they would like to.see on
next year's work program. The "Honey I Shrunk the Lots" is a good presentation and visual picture of how good
different densities can look with good design. Once the presentation is rescheduled with the LUTC, the
Commission will be invited.
At the next LUTC on November 20th, there will be a presentation on the proposed Community BusinesslBusiness
. Park (BC/BP) code amendments. Staffwill be seeking the LUTC's direction on the praposed amendments..
Chair Elder requested that the Commission be kept informed of development in the city. Ms. McClung replied that
she will give the Commission a copy of the monthly list she prepares for the Chamber of Commerce.
AUDIENCE COMMENT
None
~DJOURN
~e meeting was adjourned at 7:45p.m.
K:IPlanning CommissionI2006\M<eting Sunvnary 1I-08-06.do<
.
EXHIBIT 3
-'-... ~~-.............
CITY OF FEDERAL W A fAG EioF --1.-.::
ORDINANCE NO. 06-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF.FED.ERAL WAY,
WASHINGTON, AMENDING CHAPTER 22 ("ZONING") OF THE FEDERAL
WAY CITY CODE (FWCC) RELATING TO DEFINITIONS FOR "FLAG LOT,"
"LOT AREA," "PANHANDLE LOT," "PRIMARY VEHICULAR ACCESS," AND
"PROPERTY LINE"; AMENDING SECTIONS 22-631, 22-648, 22-666, AND 22-667
TO CLARIFY SIDE YARD SETBACKS FOR CORNER LOTS AND EXCEPTIONS
TO LOT COVERAGE CALCULATION; AND AMENDING SECTION 22-955 TO
CLARIFY LOT COVERAGE CALCULATIONS FOR FLAG LOTS (AMENDING
ORDINANCE NO'S 90-43,90-51,91-87,91-92,91-100,91-105, 91-113, 93-170, 94"
223,95-245,96-269,96-270,97-291,97-295,97-296, 97-300, 97-307, 98-309, 99-333,
99-337,99-348,99-353,99-357,00-363,01-381, 01-385, 02-424, 03-443, 04-457, 04-468, .
05-506,06-515)
WHEREAS, the City of Federal Way finds that the code amendments to FWCC Chapter 22 ("Zoning")
relating to definitions of flag lot, lot area, panhandle lot, primary vehicular access, and property line;. adding
. illustrations for setback requirements for flag lots; modifying Use Zone Charts Section 22-631, "Detached
Dwelling Units ih RS Zone," Section 22-648, "Accessory Dwelling Units in RS Zone," Section 22-666,
"Detached Dwelling Units in RM Zone," and Section 22-667, "Attached, Detached, and Stacked Dwelling
Units in RM Zone," to clarify side-yard setbacks for corner lots and adding a note regarding calculation of]ot
coverage for flag lots; and adding a clarification to Section 22-955 regarding lot coverage calculations for flag
lots are consistent with the Federal Way Comprehensive Plan; and
WHEREAS, the City of Federal Way SEPA Responsible Official issued a Determination of
Nonsignificance on the code amendments to FWCC Chapter 22 ("Zoning") relating to definitions of flag lot,
lot area, panhandle lot, primary vehicular access, and property line; adding. illustrations for setback
requirements for flag lots; modifying Use Zone Charts Section 22-631, "Detached Dwelling Units in RS
Zone," Section 22-648, "Accessory Dwelling Units in RS Zone," Section 22-666, "Detached Dwelling Units
in RM Zone," and Section 22-667, "Attached, Detached, and Stacked Dwelling Units in RM Zone,"to clarify
.
Ord. No. 06-
,Page]
... 'lJR4J:r
EXHIBIT ~ m ___-_
PAGE 2.0F-L:
side-yard setbacks for comer lots and adding a note regarding calculation of lot coverage for flag lots; and
. adding a clarification to Section 22-955 regarding lot coverage calculations for flag lots on October 7,2006;
and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code amendments
to FWCC Chapter 22 ("Zoning") relating to definitions of flag lot, lot area, panhandle lot, primary vehicular
access, and property line; adding illustrations for setback requirements for flag lots; modifying Use Zone
Charts Section 22-631, "Detached Dwelling Units in RS Zone," Section 22-648, "Accessory Dwelling Units in
RS Zone," Section 22-666, "Detached Dwelling Units in RM Zone," and Section 22-667, "Attached,
Detached, and Stacked Dwelling Units in RM Zone," to clarify side-yard setbacks for comer lots and adding a
note regarding calculation of lot coverage for flag lots; and adding a clarification to Section 22-955 regarding
lot coverage calculations for flag lots on November 8, 2006, and forwarded a recommendation of approval to
the City Council; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered the
. code amendments to FWCC Chapter.22 ("Zoning") relating to definitions of flag lot, lot area, panhandle lot,
primary vehicular access, and property line; adding illustrations for setback requirements for flag lots;
modifying Use Zone Charts Section 22-631, "Detached Dwelling Units in RS Zone," Section 22-648,
"Accessory Dwelling Units in RS Zone," Section 22-666, "Detached Dwelling Units in RM Zone," and
Section 22-667, "Attached, Detached, and Stacked Dwelling Units in RM Zone," to clarify side-yard setbacks
for comer lots and adding a note regarding calculation oflot coverage for flag lots; and adding a clarification to
Section 22-955 regarding lot coverage calculations for flag lots on December 4, 2006, following which it
recommended adoption of the text amendments; and
WHEREAS, the Federal Way City Council considered the code amendments to FWCC Chapter 22
("Zoning") relating to definitions of flag lot, lot area, panhandle lot, primary vehicular access, and property
line; adding illustrations for setback requirements for flag lots; modifying Use Zone Charts Section 22-631,
"Detached Dwelling Units in RS Zone," Section 22-648, "Accessory Dwelling Units in RS Zone," Section 22-
.
Ord. No. 06-
, Page 2
lJ
~4}:"r
EXHIBIT'S _,_, _ ,_
666, "Detached Dwelling Units in RM Zone," and Section 22-667, ~~~JrmL~.s stacIa . -..;.
. Dwelling Units in RM Zone," to clarify side-yard setbacks for comer lots and adding a note regarding
calculation of lot coverage for flag lots; and adding a clarification to Section 22-955 regarding lot coverage
calculations for flag lots on December 19, 2006; and
WHEREAS, the Federal Way City Council finds that the code amendments relating to definitions offlag
lot, lot area, panhandle lot, primary vehicular access, and property line; adding illustrations for setback
requirements for flag lots; modifying Use Zone Charts Section 22-631, "Detached Dwelling Units in RS
Zone," Section 22-648, "Accessory Dwelling Units in RS Zone," Section 22-666, "Detached Dwelling Units in
RM Zone," and Section 22-667, "Attached, Detached, and Stacked Dwelling Units in RM Zone," to clarify
side-yard setbacks for comer lots and adding a note regarding calculation of lot coverage for flag lots; and
adding a clarification to Section 22-955 regarding lot coverage calculations for flag lots are consistent with the
intent and purposes of FWCC Chapter 22 ("Zoning"), to provide for and promote the health, safety, and
welfare of the general public.
.
NOw, THEREFORE, TIlE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASHINGTON,DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way
finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or
welfare.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings'
set forth in Section 1; the Federal Way City Council makes the following Conclusions of Law with respect to
the decisional criteria for adoption of the proposal:
1. The proposed FWCC text amendments relating to definitions of flag lot, lot area, panhandle
lot, primary vehicular access, and property line; adding illustrations for setback requirements
for flag lots; modifying Use Zone Charts Section 22-631, "Detached Dwelling Units in RS
Zone," Section 22-648, "Accessory Dwelling Units in RS Zone," Section 22-666, "Detached
Dwelling Units in RM Zone," and Section 22-667, "Attached, Detached, and Stacked
Dwelling Units in RM Zone," to clarify side-yard setbacks for comer lots and adding a note
regarding calculation of lot coverage for flag lots; and adding a clarification to Section 22-
.
Ord. No. 06-
, Page 3
l)~4,(:',.
.
.
.
EXHIBIT .3
955 regarding lot coverage calculations for flag lots are consistent~til;~F---j-
implement, the following Federal Way Comprehensive Plan (FWCP) goals and policies:
- -'-
L UP J 6 - Revise existing land use regulations to provide for innovation and flexibility
in the design of new single-family developments and in-fill.
HG J - Preserve and protect the quality of existing residendal neighborhoods and
require new development to be of a scale and design that is compatible with existing
neighborhood character.
2. . The proposed amendments relating to definitions of flag lot, lot area, panhandle lot, primary
vehicular access, and property line; adding illustrations for setback requirements for flag lots;
modifying Use Zone Charts Section 22-631, "Detached Dwelling Units in RS Zone," Section 22-
648, "Accessory Dwelling Units in RS Zone," Section 22-666, "Detached Dwelling Units in RM
Zone," and Section 22-667, "Attached, Detached, and Stacked Dwelling Units in RM Zone," to
clarify side-yard setbacks for comer lots and adding a note regarding calculation oflot coverage
for flag lots; and adding a clarification to Section 22-955 regarding lot coverage calculations for
flag lots bear a substantial relationship to public health, safety, or welfare because they provide for
setback and minimum lot size requirements that will ensure adequate and consistently-applied
building separation and buildable lot area requirements for flag lot development within single
family neighborhoods.
And
3. The proposed amendments relating to definitions of flag lot, lot area, panhandle lot, primary
vehicular access, and property line; adding illustrations for setback requirements for flag lots;
modifying Use Zone Charts Section 22-631, "Detached Dwelling Units in RS Zone," Section 22-
648, "Accessory DwellIng Units in RS Zone," Section 22-666, "Detached Dwelling Units in RM
Zone," and Section 22-667, "Attached, Detached, and Stacked Dwelling Units in RM Zone," to
clarify side-yard setbacks for comer lots and adding a note regarding calculation oflot coverage
for flag lots; and adding a clarification to Section 22-955 regarding lot coverage calculations for
flag lots are in the best interest of the residents of the City because they would help ensure that
flag lot development fits in more effectively with traditional single-family lot configurations where
each lot has direct access to the adjacent right-of-way.
Section 3. Amendment. FWCC Chapter 22 is amended as set forth in the attached Exhibit A.
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invaliditY of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity
of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the
ordinance, or the validity of its application to any other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
D~~):',.
Ord. No. 06-
, Page 4
.
.
.
EXHIBIT ~
PAGE--'--OE .,
---._~-,-
- ~.
.--
--q
Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as
provided by law.
PASSED by the City Council of Federal Way at a regular meeting ofthe City Council on the
day of ,2007.
ApPROVED:
Mayor, Michael Park
A TIEST:
City Clerk, Laura Hathaway
ApPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
C~.A
-1/:'r
File #06-105059-00-UP
1:\2006 Code Amendments\Flag Lors\lUT0120406 Meeting\Ordinance.doc
Doc ID 38898
Ord. No. 06-
, Page 5
.
.
.
EXHIBIT ~_u -
PAGEJ-OF~
FEDERAL WAY CITY CODE
Chapter 22
22-1 Definitions
Flag lot or "panhandle lot" means a lot in the shape of a flag or pan that is connected to the
road or street right-of-way by a narrow strip ofland. The narrow strip ofland connecting the main
portion ofthe lot to the road or street right-of-way is the "flag pole" or "access panhandle" part of
the lot.
Lot area means the minimum lot area per dwelling unit based on the underlying zone.
For single family lots, the area of a vehicular access easement, private tract, "flag pole,"
or "access panhandle" shall not be credited in calculation of minimum lot area.
Pan handle lot means flag lot.
Primary vehicular access means the majef street, vehicular access easement. or private tract
from which the majority of vehicles enter the subject property.
Property line means those lines enclosing the subject property and those lines defining a
recorded vehicular access easement or tract. The following are categories of property lines:
(1) The front property line is any property line that is adjacent ta a right of way which is
more than 21 feet in width, exoluding Interstate 5. If the subject property is adjacent to more than
one right of way which is more than 21 feet in width, the applicant shall designate .....hich of the
adjacent property lines is the front property line and the remainder of such adjaoent property lines
will be oonsidered as either a rear property line or side property line, based on the definition in
this section. If the subjeot property is not adjaoent to a right of way whioH. is more than 21 f.eet in
width, then the front property line is the property line adjaoent or principally oriented to tRe street
providing primary vehicular access to the soojeet property, as determined by tRe director of the
department of community development. The front property line is any property line that is
adjacent to a primary vehicular access. If the sublect property is adjacent to more than one
primary vehicular access, the applicant shall designate which of the adjacent property lines is the
front property line and the remainder of such adjacent property lines will be considered as either a
rear property line or side property line, based on the definition in this section. except the property
line adjacent to an arterial or primary collector shall not be designated as a primary vehicular
access.
(2) For flag lots, the yard setbacks shall be applied per Exhibit B.
GB ru The rear property line is any property line that is farthest from, and essentially parallel
to, the front property line. .
0j ill The side property line is any property line other than a front property line or a rear
property line.
1:\2006 Code Amendments\Flag Lots\LUTC\] 20406 Meeting\Ordinance Materials\Definitions.doc
Driveway
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Access
Easement
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Not an arterial
- - - - - - - - - - - - -
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Driveway for Lot 2
and Access Easement
for Lot 1
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- - ~ ~ - - - - - - - ~
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Driveway
for Lot 2
Driveway
for Lot 3
and Access
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o-r prillcipal coliector
Flag Lot Setbacks
EXHIBIT A_
PAGE 1.01: I _
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s= 10'
F = Front Yard
S = Side Yard
R = Rear Yard
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FEDERAL WAY CITY CODE
Chapter 22
EXHISlr-A_
PAGE---LOE----.--l-.~
.---=
22-955 Calculating lot coverage.
(a) General. Except as specified in subsection (b) of this section, the area of all structures,
pavement and any other impervious surface on the subject property will be calculated as a
percentage of total lot area, exclusive of the area of any recorded access easements, in
determining compliance with maximum lot coverage required in this chapter. If the subject
property contains more than one use, the maximum lot coverage requirements for the
predominant use will apply to the entire development.
(b) Exceptions. The following shall be excepted from the provisions of this section:
(1) A wood deck will not be considered as an impervious surface for maximum lot coverage
proposed if the deck is constructed with gaps between the boards and if there is a pervious surface
below the deck.
(2) A vehicular access easement~ eF private tract..or that portion of a private driveway located
within the "f1a~ pole" or "access panhandle" part of the that serves more than one lot will not be
used or considered in determining compliance with the maximum lot coverage requirement of
this chapter.
(3) One-half of the area covered with grass grid pavers will be considered as impervious
surface in determining compliance with the maximum lot coverage requirement of this chapter.
(Ord. No. 90-43, ~ 2(115.90), 2-27-90; Ord. No. 98-309, ~ 3, 1-6-98)
1:\2006 Code Amendments\Flag LOls\LUTC\120406 Meeting\Ordinance Matenals\Section 22-955.doc
.
CITY OF FEDERAL WAY
ORDINANCE NO. 06-
AN ORDINANCE OF THE CITY COuNCIL OF THE CITY OF FEDERAL WAY,
W ASIDNGTON, AMENDING CHAPTER 22 ("ZONING") OF THE FEDERAL
WAY CITY CODE (FWCC) RELATING TO DEFINITIONS FOR "FLAG LOT,"
"LOT AREA," "PANHANDLE LOT," "PRIMARY VEmCULAR ACCESS," AND
"PROPERTY LINE"; AMENDING SECTIONS 22-631, 22-648, 22-666~ AND 22-667
TO CLARIFY SIDE YARD SETBACKS FOR CORNER LOTS AND EXCEPTIONS
TO LOT COVERAGE CALCULATION; AND AMENDING SECTION 22-955 TO
CLARIFY LOT COVERAGE CALCULATIONS FOR FLAG LOTS (AMENDING
ORDINANCE NO'S 90-43, 90-51, 91-87, 91-92, 91-100, 91-105, 91-113, 93-170, 94-
223,95-245,96-269,96-270,97-291,97-295,97-296, 97-300, 97-307, 98-309, 99-333,
99-337,99-348,99-353,99-357,00-363,01-381,01-385,02-424,03-443,04-457,04-468,
05-506,06-515)
WHEREAS, the City of Federal Way finds that the code amendments to FWCC Chapter 22 ("Zoning")
relating to defmitions of flag lot, lot area, panhandle lot, primary vehicular access, and property line; adding
. illustrations for setback requirements for flag lots; modifying Use Zone Charts Section 22-631, "Detached
Dwelling Units in RS Zone," Section 22-648, "Accessory Dwelling Units in RS Zone," Section 22-666,
"Detached Dwelling Units in RM Zone," and Section 22-667, "Attached, Detached, and Stacked Dwelling
Units in RM Zone," to clarify side-yard setbacks for comer lots and adding a note regarding calculation oflot
coverage for flag lots; and adding a clarification to Section 22-955 regarding lot coverage calculations for flag
lots are consistent with the Federal Way Comprehensive Plan; and
WHEREAS, the City of Federal Way SEPA Responsible OfficIal issued a Determination of
Nonsignificance on the code amendments to FWCC Chapter 22 ("Zoning") relating to definitions offlag lot,
lot area, panhandle lot, primary vehicular access, and property line; adding illustrations for setback
requirements for flag lots; modifying Use Zone Charts Section 22-631, "Detached Dwelling Units in RS
Zone," Section 22-648, "Accessory Dwelling Units in RS Zone," Section 22-666, "Detached Dwelling Units
in RM Zone," and Section 22-667, "Attached, Detached, and Stacked Dwelling Units in RM Zone," to clarify
.
Ord. No. 06-
, Page 1
.
.
.
side-yard setbacks for comer lots and adding a note regarding calculation of lot coverage for flag lots; and
adding a clarification to Section 22-955 regarding lot coverage calculations for flag lots on October 7, 2006;
and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on the code amendments
to FWCC Chapter 22 ("Zoning") relating to definitions offlag lot, lot are~, panhandle lot, primary vehicular
access, and property line; adding illustrations for setback requirements for flag lots; modifying Use Zone
Charts Section 22-63 I, "Detached Dwelling Units in RS Zone," Section 22-648, "Accessory Dwelling Units in
RS Zone," Section 22-666, "Detached Dwelling Units in RM Zone," and Section 22-667, "Attached,
Detached, and Stacked Dwelling Units in RM Zone," to clarify side-yard setbacks for comer lots and adding a
note regarding calculation oflot coverage for flag lots; and adding a clarification to Section 22-955 regarding
lot coverage calculations for flag lots on November 8, 2006, and forwarded a recommendation of approval to
the City Council; and
WHEREAS, the Land Useffransportation Committee of the Federal Way City Council considered the
code amendments to FWCC Chapter 22 ("Zoning") relating to definitions of flag lot, lot area, panhandle lot,
primary vehicular access, and property line; adding illustrations for setback requirements for flag lots;
modifying Use Zone Charts Section 22-631, "Detached Dwelling Units in RS Zone," Section 22-648,
"Accessory Dwelling Units in RS Zone," Section 22-666, "Detached Dwelling Units in RM Zone," and
Section 22-667, "Attached, Detached, and Stacked Dwelling Units in RM Zone," to clarify side-yard setbacks
for comer lots and adding a note regarding calculation oflot coverage for flag lots; and adding a clarification to
Section 22-955 regarding lot coverage calculations for flag lots on December 4, 2006, following which it
recommended adoption of the text amendments; and
WHEREAS, the Federal Way City Council considered the code amendments to FWCC Chapter 22
("Zoning") relating to definitions of flag lot, lot area, panhandle lot, primary vehicular access, and property
line; adding illustrations for setback requirements for flag lots; modifying Use Zone Charts Section 22-631,
"petached Dwelling Units in RS Zone," Section 22-648, "Accessory Dwelling Units in RS Zone," Section 22-
Ord. No. 06-
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666, "Detached Dwelling Units in RM Zone," and Section 22-667, "Attached, Detached, and Stacked
Dwelling Units in RM Zone," to clarify side-yard setbacks for corner lots and adding a note regarding
calculation oflot coverage for flag lots; and adding a clarification to Section 22-955 regarding lot coverage
calculations for flag lots on December 19,2006; and
WHEREAS, the Federal Way City Council finds that the code amendments relating to definitions of flag
lot, lot area, panhandle lot, primary vehicular access, and property line; adding illustrations for setback
requirements for flag lots; modifying Use Zone Charts Section 22-631, "Detached Dwelling Units in RS
Zone," Section 22-648, "Accessory Dwelling Units in RS Zone," Section 22-666, "Detached Dwelling Units in
RM Zone," and Section 22-667, "Attached, Detached, and Stacked Dwelling Units in RM Zone," to clarify
side-yard setbacks for corner lots and adding a note regarding calculation of lot coverage for flag lots; and
adding a clarification to Section 22-955 regarding lot coverage calculations for flag lots are consistent With the
intent and purposes of FWCC Chapter 22 ("Zoning"), to provide for and promote the health, safety) and
welfare of the general public.
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY
ORDAIN AS FOLLOWS:
Section, 1. Findings. After full and careful consideration, the City Council of the City of Federal Way
finds that the proposed code amendments Will protect and will not adversely affect the public health, safety, or
welfare.
Section 2.' Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings
set forth in Section 1, the Federal Way City Council makes the folloWing Conclusions of Law With respect to
the decisional criteria for adoption of the proposal:
1. The proposed FWCC text amen:dments relating to definitions of flag lot, lot area, panhandle
lot, primary vehicular access, and property line; adding illustrations for setback requirements
for flag lots; modifying Use Zone Charts Section 22-631, "Detached Dwelling Units in RS
Zone," Section 22-648, "Accessory Dwelling Units in RS Zone," Section 22-666, "Detached
Dwelling Units in RM Zone," and Section 22-667, "Attached, Detached, and Stacked
Dwelling Units in RM Zone," to clarify side-yard setbacks for corner lots and adding a note
regarding calculation oflot coverage for flag lots; and adding a clarification to Section 22-
Ord. No. 06-
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955 regarding lot coverage calculations for flag lots are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan (FWCP) goals and policies:
L UP 16 - Revise existing land use regulations to provide for innovation and flexibility
in the design of new single-family developments and in-fill.
HG 1 - Preserve and protect the quality of existing residential neighborhoods and
require new development to be of a scale and design that is compatible with existing
neighborhood character.
2. The proposed amendments relating to definitions of flag lot, lot area, panhandle lot, primary
vehicular access, and property line; adding illustrations for setback requirements for flag lots;
modifying Use Zone Charts Section 22-631, "Detached Dwelling Units in RS Zone," Section 22-
648, "Accessory Dwelling Units in RS Zone," Section 22-666, "Detached Dwelling Units in RM
Zone," and Section 22-667, "Attached, Detached, and Stacked Dwelling Units in RM Zone," to
clarify side-yard setbacks for comer lots and adding a note regarding calculation oflot coverage
for flag lots; and adding a clarification to Section 22-955 regarding lot coverage calculations for
flag lots bear a substantial relationship to public health, safety, or welfare because they provide for
setback and minimum lot size requirements that will ensure adequate and consistently-applied
building separation and buildable lot area requirements for flag lot development within single
family neighborhoods.
And
3. The proposed amendments relating to definitions of flag lot, lot area, panhandle lot, primary
vehicular access, and property line; adding illustrations for setback requirements for flag lots;
modifying Use Zone Charts Section 22-631, "Detached Dwelling Units in RS Zone," Section 22-
648, "Accessory Dwelling Units in RS Zone," Section 22-666, "Detached Dwelling Units in RM
Zone," and Section 22-667, "Attached, Detached, and Stacked Dwelling Units in RM Zone," to
clarify side-yard setbacks for comer lots and adding a note regarding calculation oflot coverage
for flag lots; and adding a clarification to Section 22-955 regarding lot coverage calculations for
flag lots are in the best interest of the residents of the City because they would help ensure that
flag lot development fits in more effectively with traditional single-family lot configurations where
each lot has direct access to the adjacent right-of-way.
Section 3. ~endment. FWCC Chapter 22 is amended as set forth in the attached Exhibit A.
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity
of the application thereof to any person or circumstance, shan not affect the va,lidity of the remainder of the
ordinance, or the validity of its application to any other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Ord. No. 06-
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. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as
provided by law.
PASSED by the City Council of Federal Way at a regular meeting of the City Council on the
day of , 2007.
APPROVED:
Mayor, Michael Park
A TrEST:
City Clerk, Laura Hathaway
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
file #06-105059-00-UP
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Ord. No. 06-
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