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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 . . . 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. . . 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 . . 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 # . . . . 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: . . . 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. . . 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. . 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. . . 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. . Councilmember Faison stated the next Economic Development Committee meeting is scheduled for Tuesday, December 19, 2006. . . . 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: . . . . . . ~_~!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 , , . . . 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, . ..:. 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'" '" *- ~ ~ g 0 .9 ~ ..... i N N ]1 '" II '" a g, '" ~ "" ~ II a: 1: 0 9 z 1! l> e. :2 . . . 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". I I I I I ! . i ! ! i I I I I , I I ~..; . . , . . ' . . .~ ~ '. . ",.: . . 'is : ,.." ~. . .. . . . ' ~I . 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'" .~ ~ .~ 1 ~ \{~!1i!,.a{I'~' \~!>>1 ~~~~~~'.l~~~~~"6~~~~~tl :~~l'i,'.l'aalii'~I~lJ \\\\\~\\\,,~\\!\\l\\\\ ~ p. _ n ,. g,,';> "'; .... r- '" -.0 ,,- ',;;. 'e .. s'~ ,. ';> .:;, 'i!" ~ ~ ~ '" ~ .; .:. - a ~~ \a ~~"oIl'3~a~~~..1>~~~~~g~p. I\~\~~,\'~\i~l\,l\!\ <>-00 ~... ~ f. e \?, g" e " .. 'a ~ ~ % "6 ~ '" ~ ~%e'\i81~~~~~plo~s~~ ~tIPe%a~\;~~~~i~~\~.a~ : 'e'% 'i %'s ~ ~. ci ~ ~ ~ %. .. P - .. - F-"'~" .~.,;~- -o~~l1;r- ~ o 7-0 ~ <1l '6 ~ ~ ~ 'i u ~ <1l ~ r,- .~ \ ~ ~ '~ \l; \ ~ ~ .~ ..ry, ~ '& iO: '.\'; . . .' 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 . 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 . . . . . . . . . ,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 . . . 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. 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N ~ "," 00 ::;: <( ~ ~ "" "- .,., .,., " .,., '" -0 '<> <D o o C! ~ <D o Ol o c .. c 'E o "", {j s:: d; 'l: ] ~. .". s:: ~ \.J c ~ "' ::> ~ o z > <D o o !G c '" c 'E 9 Iii c: c Ol :0 ~ .>1 . . . . . . . . . ,6\ 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 . . . . . . 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 -" - . - . t t:I ' ...,':._~ ~~..~_. ~ . t:I , . ~ t:I t:I l:> 1. "_~; .~. ~. -,,,_.. ~ . . l:> ' 0 ~ o l:> t:I " ,. /:) l:> t:I . ORD#__,PAGE2 FHSRAC 11-28-06 \-6 ....~ - . ~ ::> ' I:> t> t> o o1U) #_________,1'1\01'.3 . f\,\SRAC. ,\,\_'2.&-00 \.7 1:>' o --------- . . =::::::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. . . . . . (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 ORD# , PAGE 1 p:1NMNINMN2V2 11130J06 . . . 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 ORD# , PAGE 2 P:INMN\NMN2V2 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 ORD# , PAGE 3 P:\NMN\NMN2V2 I 1130106 . . . 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 ORD# , PAGE 4 P:\NMN\NMN2V2 11130/06 . . . 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 ORD# , PAGE 5 P:\NMN\NMN2V2 11/30/06 . . . 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 ORD# , PAGE 6 . P:\NMN\NMN2V2 11130/06 . . . 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 ORD# ,PAGE 7 P:1NMN\NMN2V2 11/30/06 . . . 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 ORD# , PAGE 8 P:\NMN\NMN2V2 11/30/06 . . . 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 ORD# , PAGE 9 P:\NMN\NMN2V2 11130/06 . . . 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 ORD# ,PAGE 10 P:\NMN\NMN2V2 11/30/06 . . . 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.: ORD# , PAGE 11 P:\NMN\NMN2V2 11/30/06 . 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 -.------.-----.----.--.---..----------------.-.-----------..--.------------------ . . . 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 . STAFF RECOMMENDATION: Option 1 CITY MANAGER ApPROVAL: ~ .'.~ COMMITT~E RECOMMENDATlON:foVlV4YtA..~. 1<<>1 LtP.f'?l&iji~ ~ , OY\, ~btV ~I 'tOO" 1rV~ l'C\1V\DY ~~(; ~~c.-~DY\~. . ! J'- ,/ ~~<c.~~ rrc-L---- , , Coftrmittee Chair, DIRECTOR ApPROVAL: iv~ ~I ~~1 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 # . . . . ,~ 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. FHSRAC 11-28-06 B-1 . . . 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. FHSRAC 11-28-06 B-2 . . . . 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. FHSRAC 11-28-06 . B-3 . · 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. . . 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. . , FHSRAC 11-28-06 B-4 e. e e . 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. . FHSRAC 11-28-06 B-5 . CITY OF FEDERAL WAY. 2007 LEGISLATIVE AGENDA . FEDERAL WAY CITY COUNCIL Michael Park, Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge Jack Dovey Eric Faison Linda Kochmar Dean McColgan . ~~ w>~~\L . FEDERAL WAY CITY ADMINISTRATION Neal Beets, City Manager Derek Matheson, Assistant City Manager (Legislative Relations) . FHSRAC 11-28-06 B-6 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. . 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. . FHSRAC 11-28-06 B-7 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: . · 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. . 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 . FHSRAC 11-28-06 B-8 . 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. . 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 . . · 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: FHSRAC 11-28-06 B-9 . . . 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 FHSRAC 11-28-06 B-10 . 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. . . 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. . FHSRAC 11-28-06 B-ll 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. . 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. . FHSRAC 11-28-06 B-12 . . . 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. .' . . EXHIBIT "'B" ~ ~ ~\;~ .f':;. J:::- 0" ..~ ~" . 0 ~ 0 .0 r-o C;j 'Y .to ."J 'Y '-t (.,,~ (.,,~ y <S ~ / M. EDWARDS PARCEL NO. 614J600415 VACATION ::t 536 SQ. FT. z o Q J. WOLF ~ PARCEL NO. 3258000010 o >- ..... ~ Yl ~ SOO 'S7 '00 ''E 11.44 . ); - - - - - - - - - - ~ SOO --57 '00 "E YlW ~o ); Vl ~w .0 !:n .:-i --\. '" ~ :::t. ~ ::0 ..... 2" '" ~ ;:liE ~ , Z a -f C") ",~Q ..........<.. (J}-IQ ~::X:fll IT1 OJ frj:-i o~ ~(J)~ :i(J}o ..... <: (J)~~ (J}Q~ ~ -I n:j .:::5 35TH AVE. S. , , ---Jy/ "\ "\ "\ "- "- ,. ..... ..... .... ./' ' ./'.<?s..... ..... , ---.,... .... I / / I I I I I I / / / / / ..- ..- / ,... 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: 1 OF 1 Wed., Nov. 8, 2006 ~ ... fJj 1J ~. C5 '>1' .& & .... , .... ~:2: K . . .. EXHIBIT C N I- ~~7 W-*E ~'}~ S r- i -=fC+ ~ \dttI ~' , dlt\ H p. ~'n ~ ~ ~~ -f?1Lrt -m; '+, Fg-\ ~ .~ \,~ r---" ?E ~~ =-8 / ~tfr r I ~ 1-, ~J ~J i- -0 1 '<~ -11 I~ l~ I III / 1t; .,J ():x~\ Jl ~ /t., n1?j L '~ K h~ -LL ) I I 'mh ~ '- ,~1ls ~ ,~,f~'~r=11 ~l ~~ ~I Lf E UnoG ~~ (.,~_ J~ 1~; fLL~ (I~ an -,-, ~ ~ 6=~ -~ f b J,-rt- R: ~ >=j == ~A ~- r.l21~~Y?~.tv'~2J+;~ tJ...,'~) ]--=;ll ~~~^~~~~ ~-0y~ lJ~r~ ~r::::nh/:; Area Pro~osed '~~ ~~lJj ~ (l~~ -~9-// For Vacation ~lQF]Jt~ ~~ ~ g f2~~ I Ii ~'=>"f1' c nmV ~~ .~f~d _ l. l !) ~ ~ y'7 J "t II Lu ",.Ef ) ) A? "",re?4-rto ~ ~ c I -1Ft- U ~ "\$ ~ )3\ It: II (l / - r:4J" -;/) ~ 'i: -=r- -J: n[) y- ~ I F ~ ~= 2~J. - 'I, -i~ . K ~0 'fyJ "Ul1 I~ 1T1 _ :::+ ' 1\, ;" ~~ ~ I- [dr !:J ~~t.( ~ f,' (A~ ~ c:: 11fiTH S' 'Y ~//II / U) ~f- ~ r l- ll) M 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. , . . . 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 . . . 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. . . . 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" ~ ~ O~~ ."'- /::- .0) 0" ..I\) :>>" . b ~ () .() ,,0 G.j 'y .~ ."J 'i "-t CI)~ ~~ ~ 0' ~ VACATION :t 536 SQ. FT. z CJ ~ J. WOLF ~ PARCEL NO. 325800001Q CJ > -i ~ VI ::E SOO '57 VO ''E 11.44' ); ~ - - - - - - - - - - SOO-'57'OO''E VlW ;::EO " ~ a -l \) ,,~Q ........"'- ~~g -t .fl1 ll1C1l;:;! D i? .., ~(J)~ i:UJa .... <: UJ~~ UJ~~ ~ -l rii ~ " 35TH AVE. S. ); V) ~lU .0 j; :-t --, '" ~ _30 ;:0 ~ ~ '" :- , , '- '- '- " " ::E ~ .... ..... ---ly/ '" .... ..... 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 ~ '" (.Jj 'G ~. <:s ,..". .& & .... .... .... ~:2: r . . . EXHIBIT C N ~i ~J W~E -if. 11 "-~\,~ ~~ ~~~\~ ,.--h FE ~ .~ \ ~ c:Uu-~~ c--- IYrf r, ~ .-tl .1 ---.:L t1y -a 1 S =1 ~ . -l = I) ~ (I I II v'?1 I 'I{ J ~)/ E r In" /~ ~:~= ~~ ~ I 1W-1l:11 c-~ <~ E~ \ -;t ~I ~Jt ~ ~ ,'4-\ rrl ',~-f\- E- yrruJ~ ~~~ ~ ~ ~~1~) ~w-~ ( _an2 ~ ~ "-1~~ ~\1 (- ~o ~~:.~R ~~ ~A ~_ t1~~~~ fy12t{ tL0S U vr L l W<~~f- }.t~& ~iJ~rY7 ~ 'fi;;flj'[:f Area Pro~osed -r \'~ ,~I~llJ{ r:rt-r! ~R 'I.r-n For VacatIon \ ~\ -l" ~ w:J *J!r1- 1.-'" i ~ 8 I ( ~ ~ j r; 1 U~::J T 4:1_\ ) -l "I i \~:l ---- " ,'<-t l0 I ,u 1 J1 ~ I IfUI/ , ~0~~k \ ~ \1 l~.;w ~/ '~~-1' l-rl ~\ ~. \ -/q, \u -,;~ ""~ ll--:T rcb. $J r>+ ~~ J. / .-----J A ~ ~~ ~ilI \ \ Y J It \ I\;_ rf~ L I __ ~7f ~~: c T F I '\L.- V 1-1 ~ a0 h ~ I 11-r1TTl ~ l' .. ~=-;~ ~rJ1 !j i-'r'> - :2L1{t - ~t/. . ~. / '7'"'~ / /. en ~- <( I I- .0 M 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. v \ t~ \ ~ ::= ;.." ~ ~ '" 1 ~ (/r- ~. ~ ~17 1\l:' ~=\/ . Q-'l L-kKJ ~Z ~ {~. '. ..-J~/l!J' ~~ ~ . l.('- . v [ ~ '" ( 1 I II ~I . .' ~ r \ f\ . I I 11111./\-1, ~_'\. {\- 'I ", .. . ,,- }~~I.~ ~~~'~ (t-- ~?\_' ~ J ~~ .- - ~xy j~~ \~ rL ):::/1'::1_ . z ~_/. ~ -II. U ..' IIII111 I-m - -' r'~- \17~\.L \- '= ~ 8~ \Z = . ).JJ .'\1 < r I I I , 7 ~~ 7'- = 7i1-p+Ul~.I~ W ~ "lJ~~ 0r t:: ~?iJ ~ <..I{j I ~ ~ 1 11 II H J I 17 t ~\ \ . '~ ~ / - r-hl ~ "'" Parcels within 300' of proposed area to be vacated. N W+E s 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. . . . . . . . . . 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 # . . . . . . . . . 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. . . . . . . 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 . . . ~ 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: ,...:.-:~,<'t '~,-',., -.",<' ,...." ....:.- - --,,:.. (' - -':'j ... ~~"~~~"--\....-,:, },. -''''' -,-.....------.- ........-..-. - ~. . ------, '1 1 Ie ".. Ja2kbove\1Chait., -"'_"'_ --_ ""_"___;~__' _.._,--,__. ~J..',,_. .' __ ___._. _ ._, _. X~.~~.n_Mog.;.oJg~rt,J\t1~I1llJeI:__.. ,_::,_:.~_J ,~,..:___~~rL~~~i~Q!1. M~~tler:' 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 . . . 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 . . . ...~ 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 . . . 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 . . . 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 . . . 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 . . . 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 . . . 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. Macintosh HD:Us<n:jom:s:Documen1a:Miaosoft.U_Da..:Saved AlIal:IunaJts:Ddinili_.doc Driveway for Lot 21 Access. Easement for Lot 1 R - S' I - - - - .- - - - - -- - - - - - - -- - - - - - I ~ I III I ~I I~ I Lot 2 III '- - - 1 IO! I ' F= I , 20' I - - - - - - - S =- S' - - - - - - - - - I S = S' ,---------------- I ' , ' " I I" II I Lot 1 'II N I '01 ~ I I. l_______________: I Exhibit B Flag Lot Setbacks s= 10' Or F = 20' r - - - -. - - - - - - _R_= .s'_ - - - - - - - - , ~I , III I "!: Lot 2 :~ 1_ - - I fen ~), I. F=t I I 20' 'V ,- - - - - - - - -_ -, - - - - - - - - - I r----s=~--------, I 1 1 ;; , Lot 1 ';ll N I III ~ I Ill! 1 , 1_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _I r----------B=~---------, 1 , II, , .: Lot 2 :~ '- - - 1 len f-----) I I - ~o~ t : - - - - - - - - - - - - - - - - - - _: s= 5' I - - - - - - _It =_s:, _ _ _ _ _ _ _ _ _ I I I ~I l~ ::" Lot 1 I::' -I I - 1_ _ _ -:- _ _ _ _ _ _ _ _ _ _ _ _ _ __I s= 10' Driveway for Lot 2 Not an arterial ------------- or primary eolleetor Driveway for Lot 2 and Access Easement for Lot 1 Arterial or ------------ primary collector ~ Driveway for Lot 3 and Access Easement for Lot 2 r------~----B=~--_----, ~ I III I 0., Lot 3 ,;ll -. ,II U> L___ I ~I , ~o: 1: -- -- - -- --5-=5'- - -- - - -_: .-----~=~-------l . , 1 , ." , ,;ll ~: Lot 2 :~ , I J 1 ~---.---;T------_J R= 5' -------------------, I , (III L t 1 ,(II Q' 0 ," O!' .fJ! . I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __. 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'" "" g .... g "~ e:>:%!'i~1il ~~.. .....It .:~! ~.a a ..- s ~ .. .. ." ~s lO'1 ss:rJOld fl\\),h.Il'll ~ P\)l1"b:l'll 1 ~ ~. ?~ %l '0 '~ 'i~..,r: ........:::\ ~%.>!'Ol <t.~~~. ~. ~ .., '" ~ .... '" - .., .r. <" '" <QO .... c:> l .... ~! i -.., la i- "'''' "" J- .~ "!~ la ... ~- 1 OJ, ! "" .~~ :a .ala ! 1170 S'" ;; e ~ ~.~ ~e g a... .~ ':;I~ \ 1'e. ..... 0" ~ ~1 0 .s-S \; 'S~ l'-< ",,,, ~ ~ a.. ..; - ~ ~ S .; :z:. ..; o - q ": .... ..; - on 00 'J. <:> .; :z:. ..; o ~ ~ - ..; <QO ..; .., ": <?o <?o .; :z:. ..; o i2 ~ .... ..; - ..; <?o <1 .... <?o .; :z:. " ~ oS ~ ~ ~ ~ IS '! Iii: j; PA i e \ .... <IJ> 0 '1 .... ~ --: ... ! 0- .; :z:. 'll ~ .0 \ &. .... 'i .-: i ('\ r. 1 ." - on !j. 'Ii ... !. i i :? ~ .; ... :z:. % ..; -q 2- ~ ~ .9 ~ 1 'i "\ a- .., e ~~o~o ~~~~~ "CIM~~~ 5;' I , I a.,........o-' ,.c?o,OoO-'" ~~'J.'.?~ ~~~~C"'4 '" s- o G. . . . 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 for Lot 2/ Access Easement for Lot 1 . r----------B=~------___, {III I II' , ~, ,~ I Lot 2 III t_ - - I lei! , F= , , 20' "_ - - -- -- - - 5'::5' - - - - - - - - -' S=S' r---------------- , ' , ' "II , ' II , Lot 1 'II N , 'tn q , ' L _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ } s= 10' Or ,---_______B~~________~I , II' .1 , , , I~ 'II L -. - 1 It'! 0-7, , F= t ' I 20' '-V ,_ -- - - - - -5=-5' - - - -- -. - - -..' R=S' I - - - - - - - - - - - -- - ,.- - -- .- - -- I , , {II, ,{II ~, Lot 1 ~ ., I. ,- - - - - - - - - - - - - - - - - ---, Lot 2 F=20' Not an arterial - - - - - - - - - - - - - or principal collector Driveway for Lot 2 and Access Easement for Lot 1 Arterial or - - ~ ~ - - - - - - - ~ principal collector Driveway for Lot 2 Driveway for Lot 3 and Access Easement for Lot 2 ,---_____._____ B':'_~_______., {II' , II' , tnl L 3 I~ ., at ,II L _ _ ~ It'! ~, I ~o~ 1: - - - -- - - - - -s-= s'- - -- -- - - - -: ,_____~~s_______~ , , "II I , II I ,~ N: Lot 2 ,~ C! I . , I , I ~--------_______J s=s' R=S' ~ - - - - - - - - - - - - - - - - - - t , , {III L t 1 ,{II II' '0 ,II U!I ,t'! I _ _ _ _ _ _ __ _ " __ _ _ _ __ __ _, __ _ _ I F=20' Not an arterial o-r prillcipal coliector Flag Lot Setbacks EXHIBIT A_ PAGE 1.01: I _ '- R=S' r----------------------, {II' I II' , ~: Lot 2 . :~ 1- _ -:- I ,~ ~, ' ~o~ t : - - - - -- - - -_ - ,- - - - - - - - -: i----S=~--------, , , , , "II , Lot 1 I~ ~ ' 'II q , ,~ , , , - - -' - - - - - - - - - - - - -, s= 10' F = Front Yard S = Side Yard R = Rear Yard . ~ 0 ....... ...... u 0 II) II) ....... ..t::: ...... ~ ....... ..t::: h c.8 ...... 0 II) II) 0 ...... 0 ~ "0 ~ II) ~ 0 ....... ~ ~ 0 I-< 0 ..t::: -. ...... rJ:J 0 ~ ...... -- ...... U - 0 ~ .- :.E' .... = ::s ~ II) 't:l 0 .- ~ ~ 0 ~ ~ N -. ~ ~ - .- S - ~ ro ~ ....... ...... I ~ ~ 0 - "0 t)J) ....... = II) .- 0 rJ:J I-< ~ b ....... = ~ 0 .- ~ I .- 0 ... - .- on ~ ~ ....... CIl 0 ..t::: ...... ~ ....... "0 0 ...... ...... ...... S g 0 .D ...; - '2 - ro = ..t::: tlD II) :S II) 0 ~ II) ::s ~ on "0 ~ "0 ....... ~ ~ .::: " 0 C'$ - ..... - ~ c.8 Cl 0 .... ..t::: l'f') \0 E- . 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'" <> Z -d .5 0 '0 >'0 ~ ~ a:' 'C '';:; f""- ~ g ~ .g 5i' n u e ~ ~...oo ~6 .r\ ?:~~;~ ~ l~~~~ ~ :::: ~ I I'M _V)_..o- 'I:t' ::ir:'~~~ 6 ..NNMN 0'1 -NNN('.l d ~cQ'; Z g cQ'; -e 0: 8 '" '" '" ::; e " o Cl '" "" '" .... .... 0- '" <> z -e o r-: ~ ... '" u o ." .-: '" "? '" N " o " " en ~ "> ~ .. '':: B '" :i: " " C '" c ::e o r ;; i '" o '<t o '" G 5 ....l fi j bll '" % c ~ ~ u E ..: ... :;> g i. ~ '" .;, '" "" u ii: . . . 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- , Page 2 . . . 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- , Page 3 . . . 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- , Page 4 . . . . 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 1:\2006 Code AmendmentslFlag LotslLUTCI I 20406 MeetinglOrdinanee.doc Ord. No. 06- , Page 5 Doc ID 38898