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Council PKT 01-16-2007 Regular ,~ Federal Way City Council Meeting AGENDA COUNCILMEMBERS Mike Park, Mayor Jeanne Burbidge Jim Ferrell Jack Dovey Linda Kachmar Eric Faison Dean McColgan CITY MANAGER Neal Beets, City Manager OFFICE OF THE CITY CLERK January 16, 2007 - Regular Meeting AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall January 16, 2007 - 7:00 PM (www.cityofJederalway.com) ***** 1. MEETING CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Swearing-in Ceremony for Chief Brian Wilson & Deputy Chief Andy Hwang - Presided by Judge Charles Delaurenti b. Special Recognition c. Puget Sound Energy Grant Presentation - Action Required d. City Manager - Introduction of New Employees e. 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 corne 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 Counci(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 January 2, 2007 Regular Meeting Minutes b. Enactment Ordinance: Council Bill 427 - South 348th Street HOV Lanes Project Condemnation 6. PUBLIC HEARING a. Portion of 35th Avenue S. Street Vacation Request · Staff Report · Citizen Comment (3-minute Limit) · Action: Direct City Attorney to Prepare Ordinance Approving Vacation or Deny Vacation Request 7. COUNCIL BUSINESS a. South 320th Street at 1st Avenue South Intersection Improvements Project - Project Discussion and Potential Reprioritization of ROW Acquisition Funds 8. COUNCIL REPORTS 9. CITY MANAGER REPORT 10. EXECUTIVE SESSION Evaluate Qualifications of Employees Pursuant to RCW 42.30.110(1)(g) 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 AVAILABLE FOR REVIEW AT CITY HALL AND ALSO ON THE CITY'S WEBSITE . ~ 4-" 4-" r-- p 0 0 (\) 0 o ~ 4-" e 0 b'n ~ rJl 0 C'l .s~$ ~ .f?t ~ ~ ~(\)~~ ~ tIi..Pol--'O 0 ~-l-' (\) rJl ~ 4-"E..P ~ "'"":l 4-' 0 -l-' ....... 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Awards will be made at a dinner on Oct. 26, 2006. We will be notified by early SepL who was selected for the awards. I am hopeful that Brian will be among them. 1. What action did the nominee take? (write as much as you want) Interim Police Chief Brian Wilson took the lead in Federal Way's decision to partner with the South King County Community Network to review their community's efforts regarding children being exposed to domestic violence. Brian pulled together the initial meeting, organized the city's response, recruited participants, led the Steering CornrniLtee, recruited targeted people to expand the potential impact of the effort, opened pollee record~ tu review and openly shared the findings. 2. How did the nominee's actions impact the issue of domestic violence? (Did it raise awareness, help someone in need, educate, increase safety, change policy, etc. Also, how significant was the action's impact on survivors, public awareness or the community at large?) Brian worked very closely with partners to: 1.) Increase awareness about DV and its impact on children within Federal Way city departments, the city council and the community at large. 2.) Reach out to form closer working relationships with the King County Prosecuting Attorney's office and Child Protective Services (face to face meetIngs between police urricers and prosecutors ~nd CPS workers built () strong foundation of relationships as a base for closer working relationships). Thi~ has resulted in improved prosecution and coordinC'tion with CPS when child abuse occurs. 3.) Revise the Federal Way Police Department's (FWPD) protocol for DV reports, strengthening information on children and making cases easier to prosecute. 4.) Kevise FWPD data system to add data on ctJikJren to their computerized .data base. 5.) Personally develop and conduct specialized training about the impact of DV on children and protocols to follow to all FWPD roll calls, partnering with Gary Ernsdorff, senior prosecutor for King County DV Prosecution Unit at the Regional Justice Center. 6.) Lend support to the F€deral Way Prosecuting Attorney to respond to the city council request for ordinances to strengthen federal Way's DV response. The Deputy Mayor, Jim Farrell, also serves as a prosecuting attorney. His leader~hjp was also critical to the city council's desire for action. Two new ordinances were passed: 1.) adds a criminal offense for committing DV in the presence of children with a.30 day jail sentence and 2.) created a ". . . .. . . separate criminal charge for strangulation, with up to an additional 30 days jail sentence. 7. Provide linkages to and served as key contact for local media. 3. What resources were used or mobilized to implement the action? (How much personal/professional time was usecj, how many people were involved? Did the nominee maximize limited resources, use available resources in a creative way, or create resources where there were none? It is NOT necessary to give detailed budget information.) The entire Review process required at least monthly Steering Committee meetings for 20 months, with a membership of 12-15 participants. With required study and review of materials it is safe to calculate at least 4 hOlJr~ per month per member. Brian's time often exceeded four hours a month as he WCl$ the point person within Federal Way. Due to his commitment to the topic, Brian prioritized his time and that of two of his staff members, to see that records were carefully reviewed" data was summarizedr and power point presentations were created. The South King County Community Network (SKCCN) contributed two staffr one intern rand 2-4 Board members along with approximot~ly $10,000 in costs for ~ national consultnnt (Dr. Jeff Edleson), reimbursement for over time for the Federal Way crime analyst to review police records, and a commlmity event to engage the broader community in creating recommendations for improving its efforts to respond to children exposed to DV. A Mar. 6r 2.006 community forum drew over 30 participants and resulted in the formulation of a 20 member Community Team that is currently reviewing best practices and developing r~commendations for Improving th€:2 t:orrllnunity side of the Federal Way response. 4. How creative or unique was the action? (Has anyone ever done this before, did it meet a unique need or serve a specific community?) This is the first time the "review of community efforts" processr as defined in RCW 90.170 was ever applied to domestic violence. Federal Way is the pilot stage in creating a process that can be used by other cities, espt:cially in South King County where the SKCCN has prioritized working to reduce the impact of DV on children. The process has been designed 50 that it will be driven by the unique needs of individual communities and will begin with a careful, objedivp review of police and other data to inform the process. 5. What initiative did the nominee show in taking the action? (i.e. did they "go above and beyond the call of duty" - how so?) Brian served as the "go to guy" for Federal Way. Without his commitment and enthusiasm the process would not have even gotten started. He wCl~ lhe first to volunteer to clear any obstacles. He also often served as the inspirational leader as he kept the Steering Committee and Community Team focused on action. Despite his 'demanding job, he made himself available for all roll calls and personally developed and provided the specialized training on DV. Further, he took responsibility for internal actions to improve police reporting, data collection and future' capability for data reporting. . 6. How might the action inspire others to do the same? (How easily could someone else take the same or similar action?) Brian has helped create a model that other cities could use, especially in South King County, where the local public health and safety network. (SKCCN) provides resources to staff such efforts Submitted 7/26/06 by Clem Benton for SKeCN. . . ----- Kelli ODonnell - Re: Award .... - -.." .rom: To: Date: Subject: CC: Kelli ODonnell Denese Bohanna 11/9/2006 2:50:09 PM Re: Award Angelina AllenMpyisi; Lynette Allen Hi Denese, .-- 1)/5 ~~-- ~ Page 1 of 1 .,...--p~ Kathy McClung; Laura Hathaway; I have tentatively schedule the presentation for the December 5 City Council meeting at 7:00 p.m. with the City Clerk and Chief Wilson's Assistant (to make sure he is at Council that night). If you decide you would prefer to wait until January, let me know and we can reschedule. Can you check with your Board Chair to see if that date works for him? If not, we can check to see if December 19th is a possibility. Have a great day, Kelli Kelli O'Donnell, CDBG Coordinator ~ity of Federal Way ~325 8th Ave S PO Box 9718 Federal Way, WA 98063-9718 Phone: 253.835.2653 Fax: 253.835.2609 >>> "Denese Bohanna" <dbohanna@comcast.net> 11/9/20062:00:36 PM >>> Brian was nominated by our Network chair, Clam Benton, for the King County Coalition Against Domestic Violence for a Take Action award. These awards, given annually, go to people who have made extraordinary efforts to take action to reduce DV. The nomination material is attached. Brian unfortunately was not selected as an award winner, but certificate were presented at an award reception in Seattle to all nominees. We would recommend that our Board chair, .Clem Benton, present Brian/s certificate to him at City Council to publically thank him for his leadership on this issue. had thought that this could be combined with an update on our process, but it may be better to hold off on that until we ave nailed down recommendations. If you think it would be best to do it all at once, we can certainly wait until Jan. T. at just means a longer delay before recognizing Brian. Let me know what you think. Denese ()L . ?x-~ tlOY\A UX..... J . (AL.~ e.tvU y- . l'~ ~lQA/ll\ L~ V~~ d ~~ file://C:\Documents and Settings\Default\Local Settings\ Temp\GW} 00002.HTM 11/9/2006 . e..I~ t ~ I .?<Jo7 COUNCIL MEETING DATE: Decembcr 1~, 20.06 ITEM #: 3-/2/ . CITY OF FEDERAL WAY CITY COUNCIL . AGENDA BILL SUBJECT: COMMUNITY CENTER: ACCEPT PSE GRANT POLICY QUESTION: Should the City accept a grantfrom Puget Sound Energy for Providing electricity and gas conservation measures in the new Community Center building? COMMITTEE: MEETING DATE: CATEGORY: o Consent o City Council Business STAFF REpORT By: B Sanders o Ordinance o Resolution o X 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 tqe 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 Committee ~- -@- DIRECTOR ApPROVAL: COMMITTEE RECOMMENDATION: NtA. Council action on Community Center has been by Council Committee of the whole. CITY MANAGER ApPROVAL: Committee Council Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 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 TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # . . . . PUGET SOUND ENERGY Conservation Grant Agreement No. C- Project No. 074-_ , by and between PUGET 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. 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 Participant! 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: Conservation Measures Measure Life Total Cost of Conservation Measures Eligible Conservation Grant 1. 2. ') Whole Building, electric 20 ;1 ' $ 0 $27,720 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. 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. Iffor any reason the cost ofthe 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. 3. 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 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 MERCHANT ABILITY OR FITNESS) REPRESENT A TION, OR PROMISE WITH RESPECT TO EITHER (A) THE CONSERV AnON MEASURES, (B) ANY MATERIALS AND LABOR REQUIRED FOR OR USED IN THE INST ALLA nON OF THE CONSERV AnON MEASURES, OR (C) THE INST ALLA TION OF THE CONSERV AnON 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 Mgr.. Energy Efficiency Services Title Federal Tax 1.0. No. . Form E&G 9/10/02 . . . COUNCIL MEETING DATE: January 16,2007 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 January 2,2007 regular meeting? COMMITTEE: Not Applicable MEETING DATE: Not Applicable CATEGORY: 'l8I Consent o City Council Business STAFF REpORT By: Not~l!licable Attachments: Draft meeting minutes of the January 2,2007 regular meeting. Options Considered: o Ordinance o Resolution o o Public Hearing Other DEPT:NotApplicabk ---.-------.----.---------.--------- 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION: Staff recommends approving the minutes as presented. CITY MANAGER ApPROVAL: Council N/A N/A N/A DIRECTOR ApPROVAL: Committee Committee COMMITTEE RECOMMENDATION: Not Applicable PROPOSED COUNCIL MOTION: "I move approval of the meeting minutes of the January 2, 2007 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 # t ST reading Enactment reading ORDINANCE # RESOLUTION # . . . FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall January 2, 2007 -7:00 PM MINUTES (www.cityofJederalway.com) ***** 1. CALL MEETING TO ORDER Mayor Park called the meeting to order at 7:06 PM. Councilmembers Burbidge, Dovey, Faison, Kochmar, Deputy Mayor Ferrell and Mayor Park present. Councilmember McColgan excused. 2. PLEDGE OF ALLEGIANCE Deputy Mayor Ferrell led the flag salute. 3. PRESENTATIONS a. Proclamation - Unsung Heroes Day - Mayor Park read the proclamation into the record thanking all citizens who helped one another during the recent wind storm. Proclamation - Landmark on the Sound Day - Jane Ipsen - Councilmember Burbidge presented the Proclamation to Jane Ipsen and her staff thanking them for opening a shelter to Federal Way residents during the windstorm. Ms. Ipsen thanked the Council and staff for working with her and also introduced her staff members. Certificates of Appointment - Arts Commission - Councilmember Burbidge presented a Certificate of Appointment to Bruce Lee; others, who were not in attendance to receive their certificates included Gwen Fenbert, Mary Tynan, Jann Perez, and Karen Oleson. City Manager - Introduction of New Employees - none. City Manager - Emerging Issues - none. b. c. d. e. 4. CITIZEN COMMENT Norma Blanchard - asked about the criteria used to select the Mayor. She also aSked if the Code Enforcement Division was fully staffed. Harry Reichenberg - asked about the rules for parking in a cul-de-sac. He stated that because of the planting strip at the top of his cul-de-sac, any street parking makes it difficult to maneuver and inhibits access for emergency vehicles. . Roy Parke - stated he still intends to bring forth a petition to change the form of government from a Council Manager to Mayor Council form. Mary Ehlis - spoke regarding the recent power outage; complimented City staff but stated there was never any news about the City mentioned in the media. Asked that the City do a better job in getting the word out to the media. Deputy Mayor Ferrell asked staff to follow-up on Mr. Reichenberg's comments. Public Works Director Cary Roe stated he will get in touch with Mr. Reichenberg to discuss the problem. Councilmember Dovey stated this may be an issue the City wants to look at for all cul-de-sacs not just the one Mr. Reichenberg lives on. In response to Ms. Blanchard's question regarding staffing, Community Development Director Kathy McClung stated as of January 8, 2007, the Code Enforcement Division will be fully staffed with three officers. . 5. CONSENT AGENDA a. ' Minutes: Approval of the December 19, 2006 Regular Meeting Minutes - Approved b. Monthly Financial Report - Approved c. Vouchers - Approved d. Pacific Highway S HOV Lanes Phase IT - South 324th Street to South 340th Street- Improvement Project - Approved e. South 320th Street at 1 st Avenue South Intersection Improvements Project- Reprioritization of Funds - Pulled f. 21st Avenue SW Extension - SW 356th Street to 220d Avenue SW Improvement Projects- Approved g. Lakehaven Utility District Interlocal Agreement - 21 st Ave SW Extension Project - Pulled h. Acceptance of Grant Funding for Transportation Improvement Projects for S. 348th Street HOV Lanes Improvement Project. - Approved 1. Enactment Ordinance: Council Bill 426 - Flag Lot Code Amendments - Approved - Ordinance No. 07-545 Councilmember Kochmar pulled item (g). Councilmember Faison pulled item (e). . MOTION: Deputy Mayor Ferrell moved to approve the remaining consent agenda items. Councilmember Dovey second. The motion carried 6-0. Consent Item e - South 320th Street at 1 st Avenue South Intersection Improvements Project - Reprioritization of Funds - MOTION: Councilmember Faison moved to table this item to the January 16, 2007 Council meeting in order to review a list of alternatives for the funding. Deputy Mayor Ferrell second the motion carried 6-0. Consent Item g - Lakehaven Utility District Interlocal Agreement - 21 st Ave SW Extension Project Councilmember Kochmar recused herself as an employee of Lakehaven Utility District. MOTION: Councilmember Dovey moved approval of the Interlocal Agreement. Deputy Mayor Ferrell second. The motion passed 5-0. 6. INTRODUCTION ORDINANCES a. Council Bill 427 - South 348th Street HOV Lanes Project Condemnation AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE CONDEMANTION, APPROPRIATION, TAKING AND/OR ACQUISITION OF CERTAIN REAL PROPERTY AND/OR EASEMENTS FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING RIGHT-OF-WAY IMPROVEMENTS IN THE VICINITY OF SOUTH 348TH STREET (9TH AVENUE SOUTH TO SR99) TOGETHER . . . . WITH ALL APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS ALL WITHIN THE CITY OF FEDERAL WAY; AND DIRECTING THE CITY ATTORNEY TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION. City Clerk Hathaway read the Ordinance Title into the record. MOTION: Councilmember Dovey moved to second reading/enactment on January 16, 2007. Councilmember Faison second. The motion carried 6-0. 7. CITY COUNCIL REPORTS Councilmember Kochmar reviewed upcoming meetings; made mention of the Utility Tax Rebate Program and addressed the passing of former President Gerald R. Ford. Councilmember Burbidge stated the next Parks, Recreation and Public Safety Committee meeting is scheduled for January 9,2007; upcoming regional meetings will focus on transportation issues; she informed the public about the earned income tax credits and reported on upcoming community events. Councilmember Dovey stated the next Land Useffransportation Committee meeting is scheduled for January 22,2007 and asked if the Martin Luther King banners had been recovered. City Manager Beets stated they had not. Councilmember Faison stated the Martin Luther King Celebration is scheduled for January 15, 2007 and the next meeting of the Economic Development Commission is scheduled for January 16,2007. Deputy Mayor Ferrell thanked staff for organizing the storm debris collection site at Steel Lake Park; and reported on the agenda for the upcoming Legislative Agenda Meeting on January 3,2007 at 7:30 AM. Mayor Park stated the next Lodging Tax Advisory Committee Meeting is scheduled for January 12,2007. 8. CITY MANAGER REPORT City Manager Beets recognized recent individual and team City Spirit award winners. 9. ADJOURNMENT Mayor Park adjourned the meeting at 7:55 PM. A TrEST: Laura K. Hathaway, City Clerk Approved by Council on: . ,1/blb7 COUNClL MEETlNG DATE: Ja~ _,~i~_ . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: South 348th Street HOY Lanes (9th A venue South to SR 99) Project Condemnation POLICY QUESTION: Should City Council approve an ordinance authorizes the City Attorney to commence legal proceedings to acquire the necessary properties for South 348th Street HOV Lanes (9th Avenue South to SR 99) Project by condemnation if the negotiation process fails? COMMITIEE: MEETING DATE: CATEGORY: D Consent D City Council Business ~ Ordinance o Resolution o o Public Hearing Other STAFF REpORT By: U?f!!i.,fl DEPT: . Attachments: 1. Ordinance SUMMARYIBACKGROUND: Previously, the City Council authorized staff to acquire right-of-way for the South 348th Street HOY Lanes (9th A venue South to SR 99) Project for fair market value. Staff is currently contacting the property owners to negotiate the purchases. In anticipation that some or all of the property owners will refuse to sell because they dislike some aspect of the project, or because they want more money for their property, staff is requesting that the Council adopt the attached condemnation ordinance. The ordinance authorizes the City Attorney to conunence legal proceedings to acquire the necessary properties by condemnation if the negotiation process fails after a reasonable amount of time, in order to allow the project to proceed. Options Considered: 1. Approve to send the condemnation ordinance for South 348th Street HOY Lanes (9th A venue South to SR 99) Project to the City Council meeting on January 16,2007 for second reading. 2. Do not Approve to send the condemnation ordinance for South 348th Street HOV Lanes (9th Avenue South to ___'__'____SR 99t~~ie.~~,~_!~e__<;:}!y~~!:l~ci~_~~~!i.l!.g J ~_~~~ry_!~_~907_Kor ~~~~~E~~~!~K~!1_~_eE?y.i~~_~_i,~_~<:!,!?_~_!?_~!.~!f:___ STAFF RECOMMENDATION: Staffreconunends Option 1. CITY MANAGER APPROVAL: DIRECTOR ApPROVAL: ~ Committee 6hIf1 Council - COMMITIEE RECOMMENDATION: PROPOSED COUNCIL MOTION: HI move to send the condemnation ordinance for South 348/h Street HOV Lanes (9th Avenue South to SR 99) Project to the City Council meeting on January 16, 2007 for second reading. .. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNClL ACTION: o APPROVED . 0 DENIED ,0 ../'fABLEDfOEFERREDINO ACTION ~ MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 -~&(o+ COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # 113(0'1 , @/l- . . . ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROVIDING FOR THE CONDEMNATION, APPROPRIATION, TAKING AND/OR ACQUISITION OF CERTAIN REAL PROPERTY AND/OR EASEMENTS FOR THE PURPOSE OF CONSTRUCTING AND INSTALLING RIGHT-OF- WAY IMPROVEMENTS IN THE VICINITY OF SOUTH 348TH STREET (9TH AVENUE SOUTH TO SR99) TOGETHER WITH ALL APPURTENANCES AND RELATED WORK NECESSARY TO MAKE A COMPLETE IMPROVEMENT IN ACCORDANCE WITH APPLICABLE CITY STANDARDS ALL WITHIN THE CITY OF FEDERAL WAY; AND DIRECTING THE CITY ATTORNEY TO FILE ALL NECESSARY ACTIONS AND PROCEEDINGS IN THE MANNER PROVIDED BY LAW FOR SAID CONDEMNATION. THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Public Necessity. The public health, safety, necessity and convenience demand that right-of-way improvements be constructed and maintained within the City of Federal Way within the vicinity of South 348th Street (9th Avenue South to SR99), and that certain real property and/or easements upon property be condemned, appropriated, taken and/or damaged for the construction of said improvements as provided by this ordinance. Section 2. Public Use. The improvements demanded by public health, safety, convenience and necessity consist of those improvements shown on the Right of Way Plans dated November 2006, by Parametrix, Inc. and on file with the City of Federal Way, to whit: the construction of South 348th Street HOV lanes from 9th A venue South to SR99 including the installment of all Right of Way improvements, together with all appurtenances and related work necessary to make a complete improvement in accordance with applicable City standards. Said improvements will be a part of right-of-way owned by the City of Federal Way and open for use by the general public, and therefore the use of property and/or easements condemned herein for the construction of said improvements constitutes a public use. Section 3. Condemned Property. The City Council of the City of Federal Way, after reviewing the planned improvements, hereby declares that the property and/or easements located within the City of Federal Way, legally described and depicted in Exhibit "A" attached hereto and incorporated herein by this reference ("Property"), shall be and hereby are condemned, appropriated, taken and/or damaged for the public use and purpose in installing right-of-way improvements described in Section 2 above. The condemnation, appropriation, taking and/or damaging of the. Property includes the right to make all necessary slopes for cuts and fills upon adjacent lands in the reasonable original grading and maintenance of the right-of- way facilities, as well as temporary easements to enable construction of said improvements. , Further, the condemnation, appropriation, taking and/or damaging of the Property shall be subject to the making of paying of just compensation to the owners thereof in the manner provided by law. Section 4. Condemnation Legal Action. The City Attorney or other attorney selected by the City Manager is hereby authorized and directed to file all necessary actions and proceedings provided by law to condemn, take and appropriate the Property in order to carry out the provisions of this ordinance, and is further authorized in conducting said condemnation proceedings and for the purpose of minimizing damages, to stipulate as to the use of the Property and as to the reserVation of any right of l,lse to the Property owner(s), provided that such reservation does not interfere with the use of the Property by the City as provided in this ordinance. The City Attorney is further authorized to adjust the location and/or width of any of the Property and/or easements condemned or taken therein in order to minimize damages, . . . . provided that said adjustments do not interfere with the use of the Property by the City as provided in this ordinance. Section 5. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 6. ,Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance shall take effect and be in force five . (5) days from and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this , day of 2005. CITY OF FEDERAL WAY MA YOR, MIKE PARK ATTEST: LAURA HA THA WAY, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON . FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: . . K:\ORDIN\2006\South 34th Street 9th Ave to 99 condemna,tion . . . . 114040-0000 202104-9166 215470-0010 215470-0020 202104-9124 202104-9133 South 348th Street HOV Lanes (9th Avenue South to SR 99) Project Right of Way Acquisition EXHIBIT A ., .", .'. .'- '. ~ NWGH Investment Properties, LLG Wells Far 0 Bank Unit A: Fortytwo, LLC; Unit B: Aubrey R. & Nancy A. Carter; Unit C: Galle os Enter rises, LLC South Park Buildin ,LLC Libert Land Holdin s, LLC Amelia M. Besola Chevron USA, Inc. Brooklake Village Addition II Wells Far 0 Bank Brooklake Professional Center Condominium Chevron EXHIBIT A . RIGIIT-OF-W A Y DESCRlPTION FOR PARCEL 202104-9042 A PORTION OF LOT "B" OF CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NUMBER 05-100275-000-00-SU, RECORDED UNDER RECORDING NUMBER 20050524900001, RECORDS OF KING COUNTY, WASHINGTON; LYING WITHIN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE ALONG THE NORTH LINE THEREOF SOUTH 88039' 13" EAST 1347.06 FEET; THENCE SOUTH 01020' 47" WEST 50.00 FEET TO THE NORTH LINE OF PARCEL 'A' OF CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. 05- l00275-oo0-00-SU RECORDED UNDER RECORDING NUMBER 20050524900001 RECORDS OF SAID COUNTY AND THE POINT OF BEGINNING; THENCE ALONG SAID NORTH LINE SOUTH 88039' 13" EAST 96.20 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 15.00 FEET; THENCE CONTINUING ALONG SAID PARCEL 'A' AND SAID CURVE SOUTHEASTERLY AND SOUTHERLY 29.19 FEET THROUGH A CENTRAL ANGLE OF 111028'57"; THENCE CONTINUING ALONG SAID PARCEL 'A' SOUTH 22049' 44" WEST 6.66 FEET; THENCE SOUTH 67010' 16" EAST 15.00' TO THE WEST MARGIN OF PACIFIC HIGHWAY SOUTH; THENCE CONTINUING ALONG SAID PARCEL 'A' SOUTH 22049'44" WEST 28.11 FEET; THENCE NORTH 66056'06" WEST 5.53 FEET; THENCE NORTH 01053' 15" WEST 32.58 FEET; THENCE NORTH 55052'43" WEST 30.53 FEET; THENCE NORTH 82051'01" WEST 46.76 FEET TO THE BEGINNING OF A CURVE TO THE LEFf HAVING A RADIUS OF 684.50 FEET; THENCE WESTERLY 32.33 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02042'21" TO THE SOUTH MARGIN OF SOUTH 348TH STREET AND THE POINT OF BEGINNING. . CONTAINING 1,112 SQUARE FEEt, MORE OR LESS. Q . l2- II ~~ . SCALE 1"=60' I II I 60 120 ~ I o ~ / a <\J (.) ~ .z ..... r~. NW COR. SW 1/4, :::J SE 1/4 SEC. 20 S n S 88'39'13" E ' V 1347.06' I ~ I I ~ SOl020'47"W 50'~ I / / S. 348TH ST. POB . 96.20' Cl L7 S. MARGIN OF S. 348TH ST. a t{) L1=111"28'57" R=15.00' L=29.19' '-I l.< / If Iff :;: / ~S} ?i.' (j ~ / NWCH INVESTMENT PROPERTIES (202104-9042 ) '-'1 (6' PARCEL 'A' OF BLA NO. 05-100275-000-00 ~ AFN 20050524900001 / CURVE TABLE Cl 11=02"42'21" R=684.50' L=32..3.3' LINE TABLE L1 S2T49' 44"W 6.66' L2 S6T10'16"E 15.ob' L3 S2T49' 44"W 28.11' L4 N66056'06"W 5.53' LS N010S3'lS"W 32.S8' L6 NSso52' 43"W 30.S3' L7 N8TS1'01"W 46.76' NWCH INVESTMENT TPN 202104-9042 ROW TAKE: 1112 SF (0.02 AC) SE 1/4 OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M. fiLE; 214-2441-013 DESCR1PnoN EI\SOAENTS.dwg DA TE; NOVEMBER 2006 . Parametrix, Inc. 1231 FRYAR AVENUE SUMNER, WASHINGTON 98390 T.253.863.5128 F.253.863.0946 www.parametrix.com EXHIBIT A-1 PARCEL NO. 202104-9042 RIGHT OF WAY EXHIBlT A . RIGHT-OF-W A Y DESCRIPTION FOR PARCEL 202lO4-9042 A PORTION OF LOT "A" OF CITY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NUMBER 05-100275-000-00-SU, RECORDED UNDER RECORDING NUMBER 20050524900001, RECORDS OF KING COUNTY, WASHINGTON, L YrNG WITHIN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE ALONG THE NORTH LINE THEREOF SOUTH 88039' 13" EAST 879.82 FEET; THENCE SOUTH 01020'47" WEST 50.00 FEET TO THE NORTHWEST CORNER OF PARCEL 'A' AS SHOWN ON ClTY OF FEDERAL WAY BOUNDARY LINE ADJUSTMENT NO. 05-100275-000-00, RECORDED UNDER RECORDING NUMBER 20050524900001 RECORDS OF SAID COUNTY AND THE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF SAID PARCEL 'A' SOUTH 88039'13" EAST 297.71 FEET; THENCE SOUTH 01020'47" WEST 5.00 FEET; THENCE PARALLEL WITH SAID NORTH LINE AND 5.00 FEET SOUTH THEREOF NORTH 88039' 13" WEST 297.70 FEET TO THE WEST LINE OF SAID PARCEL' A'; THENCE ALONG SAID WEST LINE NORTH 01021' 14" EAST 5.00 FEET TO THE POINT OF BEGINNING. . CONTAiNiNG 1,489 SQUARE ,FEET, MORE OR LESS. fl.;;, J,~ . . SCALE 1"=60' ~ I I i I 0 60 120 a ~ C'\j \ u \ ~ ~ ll.J ~ (f) \~ lu --\ <: % ::::J s: . \ (w COR. sw 1/4'1- SE 1/4 SEC. 20 , S 88'39'13" E 879.82'T - - I ~I I S. 348TH ST. - -~ G:J (j Q:: ~ 4J ~ -J '..... ~ NWCH INVESTMENT PROPERTIES TPN 202104-9042 S 88'39'13" E 297.71' N 88'39'13" W 297.70' S 01"21'14" E 5.00' S 01"20'47" E 5.00' PARCEL 'A' OF BLA NO. 05-100275-000-00 AFN 20050524900001 MWCH INVESTMENT PROPERTIES (202104-9042 ) ROW TAKE: 1489 SF (0.03 AC) SE 1/4 OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M. fiLE; 214-2441-013 DESCRIPnON EASEMENTS,dwg . D~~~:~:tr;x, Inc. 1231 FRYAR AVENUE SUMNER, WASHINGTON 98390 T.253.863.5128 F.253.863.0946 www.parametrix.com EXHIBIT A-1 PARCEL NO. 202104-9042 RIGHT OF WAY EXHIBIT A . RIGIIT-OF-W A Y DESCRIPTION FOR PARCEL 926480-0040 A PORTION OF THAT PORTION OF LOT 4, WEST CAMPUS BUSINESS PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 97 OF PLATS, PAGES 78 THROUGH 82, INCLUSIVE, IN KING COUNTY, WASHINGTON, LYING SOUTHERLY AND SOUTHWESTERLY OF A LINE DEFINED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 4, 115.0 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 88039'49" EAST 187.69 FEET TO A POINT OF CURVE; THENCE SOUTHERLY ALONG SAID CURVE, CONCAVE TO THE SOUTHWEST, WITH A RADIUS OF 60 FEET THROUGH A CENTRAL ANGLE OF 90000' 59" AN ARC LENGTH OF 94.26 FEET TO A POINT OF INTERSECTION ON THE EAST LINE OF SAID LOT 4, AND THE TERMINUS OF SAID LINE. (BEING KNOWN AS LOT 1 OF KING COUNTY LOT LINE ADJUSTMENT NO. 88-12010, RECORDED UNDER RECORDING NUMBER 9109170634), MORE PARTICULARLY DESCRffiED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER SOUTH 88039' 13" EAST 555.29 FEET; THENCE NORTH 01020'47" EAST 50.00 FEET TO THE NORTH MARGIN OF SOUTH 348TH STREET AND THE POINT OF BEGINNING; THENCE ALONG SAID NORTH MARGIN NORTH 88039' 13" WEST 207.72 FEET TO THE BEGINNING OF A CURVE TO THE RIGEIT HAVING A RADIUS OF 40.00 FEET; THENCE WESTERLY, NORTHWESTERLY AND NORTHERL Y ALONG SAID CURVE 62.84 FEET THROUGH A CENTRAL ANGLE OF 90000'28" TO THE EAST MARGIN OF 9TH' AVENUE SOUfH; THENCE ALONG SAID EAST MARGIN NORTH 01021'15" EAST 94.44 FEET; THENCE LEAVING SAID EAST MARGIN SOUTH 05038'43" EAST 79.18 FEET; THENCE NORTH 84021'17" EAST 2.08 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFf HAVING A RADIUS OF 56.50 FEET (FROM WmCH THE RADIUS CENTER BEARS NORTH 87023'54" EAST); THENCE SOUTHERLY AND SOUfHEASTERL Y ALONG SAID CURVE 64.87 FEET THROUGH A CENTRAL ANGLE OF 65046'45" TO A LINE PARALLEL WITH AND 7.00 FEET NORTH OF SAID NORTH MARGIN; THENCE SOUTH 88039' 13" EAST ALONG SAID PARALLEL LINE 199.21 FEET; THENCE SOUTH 01021 '05" WEST 7.00 FEET TO THE POINT OF BEGINNING. . . . . . CONT AWING 2;869 SQUARE FEET, MORE OR LESS. 12/tt/at I o SCALE 1 "=60' I I I I 60 120 ~I l() ~.... .... ~ a .... C\l a 30' (J <: ~ I (J) 0 , Ol-....s (J) t.l<o .... Ol:"'" ~ W ~OJ N84.21'l7"[ '* <...l~ > '* rri 2.08' ~ <( ~ <: ()) N8T23'54"f@)_ I~ ..cl -+-' ----- Q) tF65"46'45" L=64.87' R=56.50' WELLS FARGO BANK (926480-0040) SOl "21 '05"W 7.00' S 88"39'13" [ 199.21' N88"39'13" W 207.72' I tF90.00'28" L=62.84' R=40.00' P.O.B. S. 348TH ST. - S 88"39'13" [ SW COR. NW 1/4, SE 1/4 SEC. 20 555.29' ~ . . ~ I ~I I I -' --- WELLS FARGO BANK TPN 926480-0040-07 ROW TAKE: 2,869 SF (0.07 AC) SE 1/4 OF SECTION 20. TOWNSHIP 21 NORTH, RANGE 4 EAST W.M. fiLL 214-2441-013 OESCRIPIlON (ASE"'EN rs.dwq OA fE: NOVEMBER 2006 1231 FRYAR AVENUE SUMNER, WASHINGTON 98390 T.2,53.863.5128 F.253.863.0946 www.parametrix.com EXHIBIT A-1 PARCEL NO" 926480-0040 RIGHT OF WAY . Parametrix, Inc. . . . EXHIBIT A RrGHT-OF-WA Y DESCRWfrON FOR PARCEL 114040-0000 A PORTrON OF. THE uNITS A, B AND C, BROOKLAKE PROFESSrONAL CENTER, A CONDOMINIUM, ACCORDING TO THE CONDOMINIUM DECLARA TrON RECORDED UNDER RECORDING NUMBER 9905270635, AND AMENDMENTS THERETO, rF ANY, AND IN VOLUME 156 OF CONDOMINIUMS, PAGE(S) 38 AND 39, IN KING COUNTY, W ASI-UNGTON, SAID PORTrON LYING WITHIN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTrON 20, TOWNSIDP 21 NORTH, RANGE 4 EAST, W.M., MORE PARTrCULARL Y DESCRmED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SUBDrVrSrON; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER SOUTH 88039' 13" EAST 555.29 FEET; THENCE NORTH 01020'47" WEST 50.00 FEET TO THE NORTH MARGrN OF SOUTH 348TH STREET AND THE POINT OF BEGINNING; SAID POINT BEING THE SOUTHEAST CORNER OF LOT 1 OF KING COUNTY LOT LINE ADJUSTMENT NO. 88120 lO, AS RECORDED UNDER RECORDING NUMBER 9109170634, RECORDS OF SAID COUNTY; THENCE ALONG THE EAST LINE OF SAID LOT 1 NORTH 01021'05" EAST 7.00 FEET; THENCE PARALLEL WITH AND 7.00 FEET NORTH OF SAID NORTH MARGIN SOUTH 88039' 13" EAST 99.97 FEET TO THE WEST LINE OF LOT 4 OF KING COUNTYSHORT PLAT NUMBER R178013 AS RECORDED UNDER RECORDING NUMBER 7808140906 RECORDS OF SAID COUNTY; THENCE ALONG SAID WEST LINE SOUTH 01020'47" WEST 7.00 FEET TO SAID NORTH MARGIN; THENCE ALONG SAID NORTH MARGIN NORTH 88039' 13" WEST 99.97 FEET TO THE POINT OF BEGINNING. CONT AININO 700 SQUARE FEET, MORE OR LESS. ('"t It (/t>(p I o SCALE 1 "=60' I I 60 120 :\-{ ~ '}, f"\\j~ 0~ :\ ev ~-( :\ 'v~~~\j~Q~~x,~" 0 <00 ~\js ~"rv \>-\) <0 ~o. I: ~ I~ C/) l1J :;:: :::J :\-{ ~ " o\j~ 0~ 0'\ G ~-{ :\ ,v ~~~\j~Q~,\~~~"o <(>0 S)~\j <0<0" ~~o. FORTY TWO LLC (114040-0000 ) s: N 01"21'05" E 7.00' 99.97' P.O.B. S88'39'13"E 99.97' SW COR. NW 1/4, SE 1/4 SEC. 20 555.29' 588'39'13"E - I ~I I I S. 348TH ST. J FORTY TWO, LLC TPN 114040-0000 ROW TAKE: 700 SF (0.02 AC) SE 1/4 OF SECTION 20. TOWNSHIP 21 NORTH. RANGE 4 EAST W.M. ~ . ~ '\-{ , :\ be CO\) \>-'\ 'vO ~G '\ ~\;<oo\') 'f-~y.O<?- <?-,,1 ~o. S 01'20'47" E 7.00' . FILE: 214-2441-013 OESCRIPnON E~SEMENTS,dwg O~ fE: NOVEMBER 2006 1231 FRYAR AVENUE SUMNER. WASHINGTON 98390 T.253.863.5128 F.253.863.0946 www.parametrix..com EXHIBIT A-1 PARCEL NO, 114040-0000 RIGHT OF WAY . Parametr;x, Inc. . .. . EXHIBIT A RIGE-IT-OF-W A Y DESCRIPTION FOR PARCEL 202104-9166 A PORTION OF LOT 4, KING COUNTY SHORT PLAT NUMBER R178013, RECORDED AUGUST 14, 1978 UNDER RECORDING NUMBER 7808140906, IN KING COUNTY, WASHINGTON, SAID SHORT PLAT BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSIDP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 50 FEET THEREOF FOR ROAD, MORE PARTICULARLY DESCRffiED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER SOUTH 88039' 13" EAST 655.25 FEET; THENCE NORTH 01020'47" EAST 50.00 FEET TO THE NORTH MARGIN OF SOUTH 348TH STREET AND THE POINT OF BEGINNING; SAID POINT BEING THE SOUTHWEST CORNER OF LOT 4 OF KING COUNTY SHORT PLAT NUMBER R178013 AS RECORDED UNDER RECORDING NUMBER 7808140906 RECORDS OF SAID COUNTY; THENCE ALONG THE WEST LINE OF SAID LOT 4 NORTH 01021'46" EAST 7.00 FEET; THENCE SOUTH 88039' 13" EAST PARALLEL WITH AND 7.00 FEET NORTH OF SAID NORTH MARGIN 121.73 FEET; THENCE SOUTH 89047'58" EAST 100.02 FEET; THENCE SOUTH 88039' 13" EAST 42.19 FEET TO THE WEST MARGIN OF llTH AVENUE SOUTH AND THE BEGINNING OF A NON- TANGENT CURVE TO THE RIGE-IT HAVING A RADruS OF 25.00 FEET (FROM WHICH THE RADIUS CENTER BEARS NORTH 48051'43" WEST); THENCE SOUTHWESTERLY ALONG SAID CURVE 21.91 FEET THROUGH A CENTRAL ANGLE OF 50012'29" TO THE NORTH MARGIN OF SAID SOUTH 348TH STREET; THENCE ALONG SAID NORTH MARGIN NORTH 88039' 13" WEST 244.71 FEET TO THE POINT OF BEGINNING. CONTAINING 1,979 SQUARE FEET, MORE OR LESS. I~ 1/ O~ SCALE 1 "=60' ~ . t<) I I , I ..... a 0 60 120 Q)' t--.. ..... Q:: \ 0' <: e I- <"l ~ () -.J UJ Q (() I- \ Q:: , e \ Vi UJ c:) ({) <..> SOUTH PARK BUilDING. llC UJ <:> (202104-9166 ) ~ ~ :J, \ s: ~ \ l- e -.J t.u " "V~ " <:9. ::: ,,0'....... -> <0 \-> -.;t-~ " 'S7'J'## , 0 -I ......0 "4- ~ ~r--.: S 88'39'13" [ "~ . ...... 0 42.19' "f! <: " " " N 88'39'13" W 244.71' \ t1=50"2'~2' L=21.91 ' R=25.00' ~ I ~I I 655.25' P.O.B. S 88'39'13" E S. 348TH ST. SW COR. NW 1/4, SE 1/4 SEC. 20 SOUTH PARK BUILDING, lLC TPN 202104-9166 ROW TAKE: 1979 SF (0.04 AC) SE 1/4 OF SECTION 20. TOWNSHIP 21 NORTH. RANGE 4 EAST W.M. fiLE: 214-2441-013 OESCRIPnDN EASEMENTS,dog DA fE: NOvEMBER 2006 Parametrix.. Inc. 1231 FRYAR AVENUE SUMNER, WASHINGTON 98390 T.253.863.5128 F. 253~863.0946 www.parametrix.com EXHIBIT A-1 PARCEL NO. 202104-9166 RIGHT OF WAY . . . . EXIDBIT A RIGHT-OF-WAY DESCRIPTION FOR PARCEL 215470-0010 A PORTION OF LOT I, EAST CAMPUS MEDIAL CENTER DIV. NO. I, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 112 OF PLATS, PAGES 3 AND 4, IN KING COUNTY, WASHINGTON. SAID PORTION LYING WITHIN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHJP 21 NORTH, RANGE 4 EAST, W.M., MORE PARTICULARLY DESCRIDED AS FOLLOWS: COMMENCING AT THE SOUTHwEST CORNER OF SAID S UBDrvIS ION; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER SOUTH 88039'13" EAST 1085.07 FEET;,THENCE NORTH 01020'47" EAST 50.00 FEET TO THE SOUTHEAST CORNER OF LOT 1 AS SHOWN ON THE PLAT OF EAST CAMPUS MEDICAL CENTER DIVISION I, RECORDED IN VOLUME 112, PAGES 3 AND 4, RECORDS OF SAID COUNTY AND THE POINT OF BEGINNING; THENCE ALONG THE SOUTH LINE OF SAID LOT 1 NORTH 88039' 13" WEST 85.98 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 21.91 FEET THROUGH A CENTRAL ANGLE OF 50012'29" TO A LINE PARALLEL WITH AND 9.00 FEET NORTH OF SAID SOUTH LINE OF LOT 1; THENCE SOUTH 88039' 13" EAST ALONG SAID PARALLEL LINE 103.06 FEET TO THE EAST LINE OF SAID LOT I; THENCE ALONG SAID EAST LINE SOUTH 11057'09" EAST 9.25 FEET TO THE POINT OF BEGINNING. CONTAINING 884 SQUARE FEET, MORE OR LESS. (2 !I(fr? LIBERTY LAND HOLDING LLC TPN 215470-0010 ROW TAKE: 884 SQ. FT. (0.02 AC) SE 1/4 OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M. fiLE: 214-2441-013 OESCRIPnON EASo.'ENTS,dwq OATE; NOVEMBER 2006 , Parametrix, Inc. 1231 FRYAR AVENUE SUMNER, WASHINGTON 98390 T.253.863.5128 F.253.863.0946 www.parametrix.com EXHIBIT A-1 PARCEL NO. 215470-0010 RIGHT OF WAY . . . . EXHIBIT A RIGHT-OF~WAY DESCRIPTION FOR PARCEL 215470-0020 A PORTION OF LOT 2, EAST CAMPUS MEDICAL CENTER DIY. NO.1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 112 OF PLATS, PAGES 3 AND 4, IN KING COUNTY, WASHINGTON, LYING WITHIN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSfllP 21 NORTH, RANGE 4 EAST, W.M. MORE PARTICULARLY DESCRffiED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER SOUTH 88039' 13" EAST 1085.07 FEET; THENCE NORTH 01020'47" EAST 50.00 FEET TO THE SOUTHWEST CORNER OF LOT 2 AS, SHOWN ON THE PLAT OF EAST CAMPU~ MEDICAL CENTER DIVISION 1, RECORDED IN VOLUME 112, PAGES 3 AND 4, RECORDS OF SAID COUNTY AND THE POINT OF BEGINNING; THENCE ALONG THE SOUTH LINE OF SAID LOT 2 SOUTH 88039' 13" EAST 96.00 FEET TO rHE SOUTHEAST CORNER OF SAID LOT 2; THENCE ALONG THE EAST LINE OF SAID LOT2 NORTH 07056'40" WEST 10.13 FEET TO A LINE PARALLEL WITH AND 10.00 FEET NORTH OF SAID SOUTH LINE OF LOT 2; THENCE NORTH 88039' 13" WEST ALONG SAID PARALLEL LINE 96.73 FEET TO THE WEST LINE OF SAID LOT 2; THENCE ALONG SAID WEST LINE SOUTH 11057'09" EAST 10.28 FEET TO THE POINT OF BEGINNING. CONTAINING 964 SQUARE FEET, MORE OR LESS. CD / 2- /l/Io~ ~I \ () BESOLA, AMELIA M. \T\ 4J (215470-0020 ) )> (J) lJ) -I .z LOT20FPLAT r - Z ---- OF EAST CAMPUS \T\ 4J \---- (J) -\ MEDICAL CENTER r 4J \~ 0 <: DIVISION 1. -:\ ::J N s: S11'57'09"E N88<39'1J"W 10.28' 96.73' I o SCALf 1 "=60' I I I 60 120 ~ . 96.00' . L 1 SW COR. NW 1/4, SE 1/4 SEC. 20 '- ::- -JL- S 88<39'13" E ~ I ~ I SE CORNER LOT 2 I I POB ..... 1085.07' -- S. 348TH ST. AMELIA M. BESOLA TPN 215470-0020 ROW TAKE: 964 SQ. FT. (0.02 AC) LINE TABLE L1 NOT56' 40"W 1 0.13' FILE: 214-2441-013 OESCR'PnoN EASEMENTS,dwq OA fE: NOVEMBER 2006 SE 1/4 OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M. Parametrix, Inc. 1231 FRYAR AVENUE SUMNER, WASHINGTON 98390 T.253.863.5128 F.253.863.0946 www.parametrix.com EXHIBIT A-1 PARCEL NO. 215470-0020 RIGHT OF WAY . . . . EXIDBIT A RIGHT-OF- WAY DESCRIPTION FOR PARCEL 202104-9124 A PORTION OF THE WEST 45 FEET OF THE FOLLOWING DESCRIDED PARCEL: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSIDP 21 NORTfL RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WESTERLY OF THE WEST MARGIN OF PRIMARY STATE HIGHWAY NO.1, AS ESTABLISHED BY DEEDS RECORDED UNDER RECORDING NUMBERS 1791332 AND 4741044, AND L YING NORTHERLY OF THE NORTH MARGIN OF SOUTH 348TH STREET, AS ESTABLISHED BY DEED RECORDED UNDER RECORDING NUMBER 5358496, AND LYING SOUTHERLY OF THE NORTH LINE OF THE SOUTH 250.00 FEET OF SAID SUBDIVISION. (ALSO KNOWN AS LOT B OF KING COUNTY LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9001081202). MORE PARTICULARLY DESCRIDED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE ALONG THE SOUTH LINE THEREOF SOUTH 88039' I)" EAST 1311.28 FEET; THENCE NORTH 01020' 47" EAST 50.00 FEET TO THE SOUTHWEST CORNER OF PARCEL 'B' AS SHOWN ON KING COUNTY LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9001081202 RECORDS OF SAID COUNTY AND THE POINT OF BEGINNING; THENCE ALONG THE SOUTH LINE OF SAID PARCEL 'B' SOUTH 88039'13" EAST 45.00 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL '8'; THENCE ALONG THE EAST LINE OF SAID' PARCEL 'B' NORTH 01025'20" EAST 5.16 FEET; THENCE NORTH 81031'43" WEST 30.97 FEET TO A LINE PARALLEL WITH AND 9.00 FEET NORTH OF THE SOUTH LINE OF SAID PARCEL '8'; THENCE NORTH 88039' 13" WEST ALONG SAID PARALLEL LINE 14.26 FEET TO THE WEST LINE OF SAID PARCEL 'B'; THENCE ALONG SAID WEST LINE SOUTH 01025'20" WEST 9.00 FEET TO THE POINT OF BEGINNING. CONTAINING 346 SQUARE FEET, MORE OR LESS. 12 /11 k~ SCALE 1 "=60' I I I I I o 60 120 .~ . LINE TABLE L1 N01025'20"E ,5.16' L2 N81031'43"W 30.97' L3 N88'39'13"W 14.26' L4 SOl'25'20"W 9.00' ~I 0 .fll ~ .fll lLJ a V) Gj ~ Gj r- Z <..> Q;} 0 0::: ~ a fOr- O::: ..... oq:: a oq:: }g Q Gja Q lLJ <..>Ol lJ.J lLJ 2: 0:::2: 2: 2: :J oq::lt... ,::] :J I- Qoq:: l- V) oq:: (/) s: ~ -J 15 en L3 L2 L1 ~ I gl I - ) - 1311.28'---- SW COR. NW 1/4, SE 1/4 SEC. 20 / . / SE CORNER PARCEL 'B' / S. 348TH ST. S 88'39'73" E CHEVRON USA INC. TPN 202104-9124 / /~ /~ i! / ~-S! !i: u ~ I ROW TAKE: 346 SQ. FT. (0.01 AC) SE 1/4 OF SECTION 20, TOWNSHIP 21 NORlli, RANGE 4 EAST W.M. fiLE: 2\4-2441-013 OESCRIPnON E~SE"ENrS_dwq OA 1(: NOI/EMBER 2006 Parametrix, Inc. 1231 FRYAR AVENUE SUMNER, WASHINGTON 98390 T.253.863.5128 F.253.863.0946 www.parametrix.com EXHIBIT A-1 PARCEL NO, 202104-9124 RIGHT OF WAY . . . . EXillBIT A RIGI-IT-OF-W A Y DESCRIPTION FOR PARCEL 202104-9133 A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, W ASfUNGTON, LYING WESTERLY OF THE WEST MARGIN OF PRIMARY STATE HIGHWAY NO. I, AS EST ABLISHED BY DEEDS RECORDED UNDER RECORDING NUMBERS 1791332 AND 4741044, AND LYING NORTHERLY OF THE NORTH MARGIN OF SOUTH 348TH STREET, AS ESTABLISHED BY DEED RECORDED UNDER RECORDING NUMBER 5358496, AND LYING SOUTHERLY OF THE NORTH LINE OF THE SOUTH 250.00 FEET OF SAID SUBDIVISION; EXCEPT THE WEST 45.00 FEET THEREOF. (ALSO KNOWN AS LOT A OF KING COUNTY LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9001081202). MORE PARTICULARLY DESCRffiED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECfION 20; THENCE ALONG THE SOUTH LINE THEREOF SOUTH 88039' 13" EAST 1356.28 FEET; THENCE NORTH 01020'47" EAST 50.00 FEET TO THE SOUTHWEST CORNER OF PARCEL 'A' AS SHOWN ON KJNG COUNTY LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9001081202 RECORDS OF SAID COUNTY AND THE POINT OF BEGINNING; THENCE ALONG THE SOUTH LINE OF SAID PARCEL 'A' SOUTH 88039'13" EAST 17.27 FEET; THENCE NORTH 01020'47" EAST 3.00 FEET; THENCE NORTH 81031'43" WEST 17.40 FEET TO THE WEST LINE OF SAID PARCEL 'A'; THENCE ALONG SAID WEST LINE SOUTH 0 I 025'20" WEST 5.16 FEET TO THE POINT OF BEGINNING. CONTAINING 70 SQUARE FEET, MORE OR LESS. (J (2/,,~fp LINE TABLE L1 S88"39'13"E 17.27' L2 N01"20'47"E 3.00' L3 S01"25'20"W 5.16' ~I o ~ {. ..... ~ It.J <: :J s: S 88"39'13" E - 1356.28 SW COR. NW 1/4, SE 1/4 SEC. 20 , o SCALE 1 "=60' I 60 120 ~ . - 5 . CHEVRON USA INC. (202104-9133 ) 8 0::: <( Q lJ..J <: :J I- (I) ~ N81"Jl'4J"W 17.40' PARCEL 'A' BlA AFN 9001081202 l2 I / POB / S. 348TH ST. CHEVRON USA INC. TPN 202104-9133 ROW TAKE: 70 SQ. FT. (0.00 AC) --- / I~ Iff $! / ~() r;: (j ~ flU: 214-2441-013 OESCR1PnQN EASEMENTS.dwg OA fE: NOVEMBER 2006 SE 1/4 OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M. Parametrix, Inc" 1231 FRYAR AVENUE SUMNER. WASHINGTON 98390 T.253.863.5128 F. 253.863.0946 www.parametrix.com EXHIBIT A-1 PARCEL NO" 202104-9133 RIGHT OF WAY . COUNCIL MEETING DATE: January 16,2007 ITEM#: lP~. ...__.._.._.._.__.-._.__.._-_.._~_.._......,-_..__.__.__..._...__..._.._--_.__._......._.._..-._.....~.._...._._._..-_._..._...._~....._.._...---_._......... . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Request for Street Vacation ofa portion of 35th Avenue S POLICY QUESTION: Should City Council approve a requested street vacation of a portion of the right of way within 35'h Avenue S on January J(Jh, 2007? COMMITIEE: Land Useffransportation MEETING DATE: Dec 4,2006 CATEGORY: o Consent o City Council Business o Ordinance o Resolution ~ o Public Hearing Other . ~TAFF REpORT B~~~hn MuJkey, Street Systems En~neer ____,_ Attachments: 1. Staff LUTC memo and resolution. 2. Staff Report dated Dec 20, 2006 Options Considered: 1. Approve the request for street vacation and direct the City attorney to prepare an Ordinance vacating a portion of the right of way within 35th A venue S and present to Council for first reading at the February 6, 2007 City Council meeting. ~~ny the reguest for stree~ vac.ation of portion of the rig!1~f way within 35th A venue S ____,__,_ 8T AFF RECOMMENDATION: Staff recommends Option 1, Approve the request for street vacation and direct the City attorney to prepare an Ordinance vacating a portion of the right of way within 35th Avenue S and present to Council for first reading at the February 6, 2007 City Council meeting. DEPT: Public Works ----------.- Committee ~ Council DIRECTOR ApPROVAL: Council CITY MANAGER ApPROVAL: Committee COMMITTEE RECOMMENDATION: At their December 4,2006 meeting, the Land Use and Transportation Committee recommended approval of the Resolution setting the Public Hearing for January 16, 2007. The resolution was forwarded to the Council at the December, 19 2006 meeting at which time it was approved. Jack Dovey, Chair Dean McColgan, Member Eric Faison, Member PROPOSED COUNCIL MOTION: "Approve Option (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDfDEFERREDINO ACfION o MOVED TO SECOND READING (ordinances only) REVISED - 0210612006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # . K:\COUNOL\AGDBIlLS\2007\1-16-07 Request for Street Vacation of a portion of 35th Avenue S.doc e. . , ~ COUNCIL MEETING DATE: Dec. 19,2006 ITEM #: 5-h SUBJECT: Setting Public Hearing Date for the Street Vacation of a Portion of 35th Avenue South POLICY QUESTION: Should City Council approve a resolution to set a Public Hearing for the street vacation of a portion of the right of way within 35th Avenue South on January 1 (fir, 2007? COMMITTEE: Land Useffransportation MEETING DATE:Dec 4,2006 o o Public Hearing Other CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL CATEGORY: l21 Consent o City Council B.usiness o Ordinance [81 Resolution STAFF REpORT By: Jolm Mulkey, Street Systems Engineer DEPT: Public Works Options Considered: I. 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 35'" Avenue South at the Jan. 16"', 2007 City Council meeting. 2. Set Public Hearing on an alternative date recommended by the committee. ~ DIRECfORApPROVAL: ~ Connninee Council COMMITIEE RECOMMENDA nON: LUTC recommends Option...L Bt~ , Dean McColgan, Member PRO QS Mi>TION: "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 righi of way within 35th Avenue South on January J (fir, 2007 ". (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- 0210612006 COUNCIL BILL /I 1 ST reading Enactment reading ORDINANCE II RESOLUTION /I K:\COUNOl\AGDBIlLS\2006\12-19-06 Setting Public Hearing Date for Street Vacation of 35th Avenue South.doc Attachments: 1. Staff LUTC memo, resolution, and attachments dated December 4, 2006. STAFF RECOMMENDATION: Staff recommends Option 1. aTY MANAGER ApPROVAL: Eric Faison, Member . . CITY OF FEDERAL WAY MEMORANDUM . DATE: TO: VIA: FROM: SUBJECT: ' December 4, 2006 Lan4 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 351h Avenue S, located at the , northwest corner of 3Slh 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 33,d 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 351h 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 pri~ate 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 Vactian af35th Avenue Sauth.doc . . Exbibw"'A" Perimeter of total vacation Beginning at the most northerly comer of Lot I, ijensell's First 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 di$tance of 20.00 feet; Thence South 61052'00" East, a distance of 20.00 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 lO.OO 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 coiner of said Lot t; Thence North 61052'00" West. along the north line of said Lot I, a distance of 36.40 feet to the Point of Beginning. . .. . . EXHIBIT "'B" ~ ~ C}~ .~ J::- ~.. ..~ "!>" . b ~ () .() c-.o (,j 'y .tb ."J 'y ..... ~~ CI)~ y 0- ~ VACATION ::t 536 SO. FT. z o Q J. WOLF ~ PARCEL NO. 32580000'0 o ~ ~ ~ ;::e , -------------- , .'" . SOD '57'OO"E ~W ;::eo Z Q -t () ;::;~~ U)~g !:::l III ll1aJ;:;! Cj ~ .., ~t3a t;:-ie ~:s:: U)nVl C:~Z :0 -t hl ;:s ~ VI ~w .0 ]:A :-< '" ~ ~ ~ 35TH AVE. S. , , , " " ,"' '" .... S' ... ~ '" , ..... ---Jy" ;::e ,~ --- ..... . J~ , -<.....s......, , ---7' , I I I I I I I I I / / / / / " " " Cramer Northwest 'Inc. Surveyors Planners & Engineers 945 N. CENTRAL, (253)852-4880 (local) (253)852-4955 (fox) DRAWN BY: O.S.H. SCALE: JOB NO.: 2006-101 NTS STE. #104, KENT, WA 98032 1-(800)251-0189 (toll free) E-MAil: cni@cramernw.com SHEET: DATE: I OF 1 Wed., Nov. 8, 2006 . / M. EDWARDS PARCEL NO. 614J6Q04'5 ~ ~ ~ '{i ~. . ~ '>i .~ ~ , . ..... 1>:2: ~ . . . .. EXHIBIT C N . I- ~F w*, . ~~ s ~ ~t~1~t --h ~ ~~11l~ ~ \ ,~ !/ r-'r!-rr~ =1 '~ w r, ~ I' ~u ,'_ =:ll 1] I ~ Cl/-r; n -l n , 1 'I... iii v ~ I ~-::1~JJ "~ r 'I;!N , ~ I 11l11r1 - ,~. ~ EB: -<--..t ~:i;,lt ,. J:i ~I It -tL 1 E . ~T" (~': ~ '>\),~ D~~ .Yh2y IL~ I-,-H _an~ ~ 1 ~ . 6=~ r ,-s ;- fa !?- ~, ~~,:=:: ~ ~l ' ',LL I Ie:~'. ~UP~~~ ,YT2;J t~ J & [ . , Mr(==l~ ~ " I~ ~x ( liIR'r-Y--v 17 For Vacation , ~ ~ ~~ ~ :\1" ~( '] f2~ 1 U":J I 1l ,\ J " ,-I (~ ""'"'- ~ ~ . I I .u Tf1 f:""1 lIlT/, ...H"/l){l',-J l . C l" I) h'~ y/ "'" ~ '.u. -I- '*"1=+= )" K: ' ~ ' . .~,,\4;-=i--' .h1l" ; -I=t-'! ILJ f{l . ~~~ ~;~")~~'h,, y / _ AA. ;1/1 ~~~* ~~'y, \- J I ~ .-J \G1= ~~~~-t-:: . N ~ ~ I I ~ 1'1 :;+ . Y; . '\ ~ ~ - - -~ (~~ . -~~ -Vi' ~~ '\l~11 r I ~ . "f.. (j,1f-J I " . ~~/ / / / / VICINITY MAP 35TH AVE SOUTH STREET VACATION Noie: This map is intended f01' use as a graphical representation only. Map made by John Mulkey Map Updated Nov 22. 200& The City of Federal Way makes no warranty as to its acclIfacy. , . . . 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 ~ING'FOR THE STREE~ VACATION. WHEREAS, a proper petiti<:m 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 depic.ted on Exhibit"B" and'Exhibit C {Vicinity Map} attached hereto; WHEREAS, the petition contain~ 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, 33325' 8th 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, a~d 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 ATTEST: CITY OF FEDERAL WAY , 2006. MAYOR, MICHAEL PARK CITY CLERK, LAURA HATHAWAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH TijE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: . Res. # , Page 3 . . . . .. Exbibw""tt" , 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 28008'00" 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 of 20.00 feet to a point on the southerly extension of tbe westerly line of said Lot 5, Hensell's first Addition, Volume 62, Page 55, Records of King County, Washington; Thence South 28008'00" 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 comer 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. . . EXHI81T "'8" '.;t ~ ()~~ .f':;. " , 0) &/ ..'v ::>>" . 0 ~ () .() ,...0 C? 'y .Cb ."J 'f ...... (J,~ (J,c:> y ()' ~ VACATION :t 536 SQ. FT. z CJ !;;! J: WOLF ~ PARCEL NO. 32580000,Q ~ ~ ~ ~ . , -------------- ~ . SOO '57 'OO"'E ~lu ~o ~ ~w >>0 ~ o -t n ;::;~~ ~~S3 -t . fT1 (TtCllnl o~ ~~a .... :2: V1~2 V1~~ Si -t ~ .::s "" 35TH AVE. S. gn, ;""lI --, .... ~ ~ :0 , , , , , " " .. S' '" ~ .... .... ... ..... ---Ar" ~ it: Cramer Northwest Inc. . Surveyors. Planners & Engineers 945 N. CENTRAL. STE. #104. KENT. WA 98032 (253)852-4880 (local) 1-(800)251-(>189 (toll free) (253)852-4955 (fox) [-MAIL: cni@cromernw.com DRAWN BY: O.B.H. SCAl.E: SHEET: DATE: JOB NO.: 2006-:101 . NTS 1 OF 1 Wed.. Nov. 8. 2006 . / 6? ... (.J; 'Ii ~. <:l '>f .& ~ .... . .... -tP ::::: ~ . . EXHIBIT C N 1-,::~<4Y w~' . .{h ~~ --:d(\ I.art J,.-i\~~ ~ ~ r- \ E-1.~ ~\ ~+. ffJ F[, ~ "t tn ........l I -Jl3 ~ ""1 n -1-1 J \ . III \'----;1 '1i:l~":.JJE'rl~ln~ /-f' l~rl.. k~~ {jJ1IJmrf~ l- . ' /~J---~ ; x-,f~~Jt ~ ~ ~ ,I If -f E ~~j (~('r\)~ O~~ .~ J; Lt~~ '-rH IT;:; f;J) ~I ,~~ ~ f I" r>-"-i == f!?, n In ~n .J1Uf1I~ ~ I. l~~ ~ ~ L. . '~p ~~ 15.\. '< I/n l -{ H:ll;!~~J& Area Proposed rt F u~. V- rl -, 0" ~ III 1\\'1" ~'d' ~ 1 U ~ ::>1 ,4:!l .'\ JI . ..x; . ,~\:r "'" '"' '4 ~ I I ~ I r f r.- W ,~~ ~ ~~ ~~~p \. h) ~ J'" r", / ' .~ JI I-=~~ ~~ (~ I -/~!G fl/ 1~lt~ l22. 2Al3\ tt II l~ / AA;1v- ~~-d:~~'.), r I ~- ~ -' \G :=j:: ~ v,L _ \:L -:: ,I "Ul TiJ ~r l:+ ,Y;.. IL ~ ~ - ;jr It " -~~ -IY- ~I'I'>. ~ " ,,"'-4' ~ t '\ "l"lEinl!':T .1I ~ / / / / /. II) ~f- <( :r: ~ on ..., . VICINITY MAP 35TH AVE SOUTH STREET VACATION Map made by John Mulkey Noie: This map is in/ended, for use as a graphical represefllalion only. Map Updated Hov 22. 2006 The Oly of Federal Way makes no warranty as 10 ,IS accuracy. . . . City of Federal Way STAFF REPORT TO THE LAND USE AND TRANSPORT A TION COMMITTEE PETITION FOR V ACA TION OF A PORTION OF 35TH A VENUE SOUTH Federal Way File No. 06-103264 DATE: December 20, 2006 PROPOSED ACTION: Petition for vacation of a portion of 35lh Avenue South PETITIONER(S): Mark Edwards and Jeff Wolf LOCATION: See attached vicinity map, legal description and vacation map REPORT PREPARED BY: John Mulkey, P. E., Street Systems Engineer RECOMMENDATION: Approve Street Vacation Request I. 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 A venue S. See the accompanying legal description (Exhibit A) and 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 unopened , alley that connected 35th A venue 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 A venue 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 Rig~t 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. II. COMPLIANCE WITH CRITERIA DESCRmED IN THE CITY OF FEDERAL WAY CODE (FWCC) SECTION 13-102 A. Mandatory Criteria: The following criteria are mandatory and must be met before a petition for a street vacation may be approved: Criteria #la - The vacation provides a public benefit or is for a public benefit. The benefit may include economic or business support that the community as a whole derives from the abutting property owner. The land is currently unimproved public Right of Way. The vacation of the alley could provide a public benefit in that the land will be purchased and maintained by property owners, so the City would no longer be responsible for costs for any possible future maintenance. There could be public benefit in the payment for the vacated land. 1 35th Avenue S Street Vacation Staff Report Criteria # 1 b - The street, alley or portion thereof is no wnger required for public use. . The area proposed for vacation was once an unopened alley that connected 35lh A venue S to 33rd Place S, but the majority of the area has already been vacated so it would no longer be needed for access. There is a Lakehaven Utility District easement in the previously vacated area. Lakehaven stated that the water main has been abandoned and they have no need to retain a public easement in this area. Criteria #lc - The vacation does not abut a body of water, such as a river, a klke, or saltwater, exceptfora public purpose such as a park or port facility and which reverts to a public authority. This Right-of-Way is not located in the vicinity of a body of water, therefore this criteria is not applicable. B. Discretionary Criteria: Compliance with the following criteria is not mandatory, but the Council must consider them in making its decision. Criteria #2a - The vacation meets the intent of the City's Comprehensive Pkln's general purposes and objectives. The City's Comprehensive Plan has no requirements for future roads in the location proposed for vacation. The area in which the Right-of-Way is located is zoned Residential 9.6 and is currently fully developed with private homes and is listed as single family, High Density in the Comprehensive Plan. As such the area is currently being utilized in accordance with the City's Comprehensive Plan. Criteria #2b - The vacation provides for an exchange of public property in the public interest. . There is no exchange of public property associated with this vacation petition. Criteria #2c - Whether conditions may so change in the future as to provide a greater use or need than presently exists. The majority of the alley has been previously vacated, and other existing roads are in place to access all properties in this area, so there would be no future public use for the remainder of the alley. Criteria #2d - Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the same. As of this time, no objections have been received by any of the abutting property owners and all abutting property owners have signed the petition. Criteria #2e - The vacation would not interfere with future devewpment or access to other existing or future devewpments. The area in which the vacation is being sought is zoned RS 9.6. The addition of the area to the abutting lots would not change the status of whether the lots could be subdivided further. The vacation would not block access to any of the abutting lots therefore it wolild not interfere with existing or future development . 2 . . . 35th Avenue S Street Vacation Staff Report III. PAYMENT As per Federal Way City Code 13-1 03(4) b, because the area to be vacated has been a part of the dedicated Public Right of Way for more than 25 years, the City may require the owners of the property abutting the alley to compensate the city in an amount that does not exceed the full appraised value of the area to be vacated (based on an appraisal acceptable to the City) as payment to the City if the proposed vacation is approved. IV. RECOMMENDATION All Mandatory Criteria have been met and 40f 5 Discretionary Criteria have been met. Criteria 2b is not applicable as there is no exchange of property. Staff recommends approval of the petition for vacation of Right of Way of a portion of 35th Avenue S. k:\streets\street vacation\3Sth Ave S\final staff report.doc 3 Exhibit"An . Perimeter of total vacation Beginning at (he most northerly comer of L.ot I. HenseH's First Addition, Volume 62, Page 55, Records of King County, Washington: Thence North 28008'00" East, along the northerly extension of the westerly line of said L.ot I, a distance of 20.00 feet; Thence South 61052'00" East, a distance or20.00 teet to a point on the southerly extension of the westerly line of said Lot 5, HenseH's First Addition, Volume 62, Page 55, Records of King County, Washington; Thence South 28008'00" 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 teet to the northeast comer 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. . . . . . ~ ~ ()~ ;J? '" "- . "- 0~ ~~ ~ "- . '0 ~ () .() ",'0 Gj 'y .~ .>OJ 'y "< v,~ v,(S ~ 0- ~ z o ,.., X Z C> Cl :Po '..... ~ Yl ~ J. WOLF PARCEL NO. 3258000010 SOD '57"00 ''f 1 j.44 ' ~ -----------SOO~57"OOc Yllu ~o ~ ~lu 00 35TH AVE. S. ~ :-t --\. N ~ 4- _=:r :0 .... ~ 1!t '\ '\ '\ '\ "' "' "' "' "' "' EXHIBIT "'B" / VACATION :t 536 SQ. FT. cY; .... (.1,' '{j ~. \j /}j .& & "' /~ , -""'$.', Z a -; CJ .::;~~ ~~g -; ll/Tl 0:oit1 ):.. ~~i5 ..... :z: C1l~~ C1lQ~ j5 -; ~ ~ ..... -.-1' ..... I I I I I / / / / / / / / / / ..... ..... ~:2: r " ---Ar/ -- ~ ;;::: Cramer Northwest Inc. Surveyors Planners & Engineers STE. #104, KENT, WA 98032 1-(800)251-0189 (toll free) E-MAil: cni@cramernw.com 945 N. CENTRAL, (253)852-4880 (local) (253)852-4955 (fax) DRAWN BY: O.B.H. SCALE: JOB NO.: 2006-101 NTS SHEET: DATE: '1 OF 1 Wed., Nov. 8, 2006 EXHfBlT C . ,. N w.' s . ,. / I I / VICINITY MAP 35TH AVE SOUTH STREET VACATION . >'lap made by John Mulkey Nole: fhis map is ",tended for use as a graphIcal representallon only, Map Updaled Sep.. 28 2006 fhc Cily of Federal Way makes /10 warranty as to its accuracy. .........__._......_.H.H.._....___..__.._._____.H.....____H...___..__._ ......._....._....__H......._.___._._..~___.....~._ ...H._...H..__~....._................_..~._._.........__..........._..__.._ ....._..__.._,...._.HH....H.........._._._...__.._.._____~.............. COUNCIL MEETING DATE: January16,2007 ITEM #: 1o.v . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 320th Street at 1 st A venue S Intersection Improvements Project - Reprioritization of Funds POLICY QUESTION: Should the Council authorize staff to move forward with right of way acquisition for the S 320th Street at 1 st A venue S Intersection Improvement Project or redirect right of way funds to other TIP projects? COMMITIEE: Land Use and Transportation Committee MEETING DATE: Dec. 18,2006 CATEGORY: o Consent [8J City Council Business o o Ordinance Resolution o o Public Hearing Other ~! AFF REPORT By: Ma~an Sa~!ou~ Street Sy~~~_ M~ag~____.!!~PT:,,_~1.:!.~lic yv orks Attachments: 1. City Council Agenda Bill dated January 2,2007. 2. Proposed TIP Project List for Potential Reallocation of Right of Way Acquisition Funds. . Options Considered: 1. Authorize staff to move forward with property acquisition for the S 320th Street at 1 sl Avenue S Intersection Improvements Project. 2. Direct Staff to reallocate s320TH Street at 1 Sl A venue right of way acquisition funds to other TIP projects. - - STAFF RECOMMENDATION: Authorize staff to proceed with Option 1. Committee DIRECTOR APPROVAL: CITY MANAGER ApPROVAL: Committee ~ Council COMMITIEERECOMMENDATlON: Committee authorizes staff to forward Option 1 to the January 2,2007 City Council Consent Agenda for approval. Dean McColgan, Member Jack Dovey, Chair PROPOSED COUNCIL MOTION: Eric Faison, Member (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 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # . K:\COUNCIL\AGDBILLS\2007\1-16-07 S 320th at 1st Ave S- Reprioritization of Funds.doc C/) o z ::> l.L z o i= C/) ::> a () <c >- ~ 'l.L o l- I <.9 0:: l.L o Z o ~ () o -I -I US 0:: -I <c i= z W I- o 0.. 0:: o l.L I- C/) ::i I- () W ..., o 0:: 0.. 0.. i= o w C/) o 0.. o 0:: 0.. ~ ~ 1/1 ~-g ~~ ~ ~ ~~ e'g ~m .... ~ ~ ~o Eo ~ .~ Iii ~ 0.. ..J -I < LL I- [t: o ::E: en Cl Z C Z => LL ::E: I- 3: I- o W ..., o [t: 0.. 0.. i= a. ~ l~ ~ f- ~ o ~ en 1/1 '0 c: ::I LL 1/1 '0 c: ::I LL .... c: Ql ... ... ::I o .... 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'0 0 0l'O C '- .- .a c... 0> 0 0.0> 0'0' :20. .a 0> ctl.r:. ....- .Em ~~ "3..; '0 en 0> 0 .r:.O o c en 0 ~n ctl :J en-= ...enOl o C e: .~ 0 '0 o 0 e: 0.02 3l~..!!1 ~ro~ I-E= ~ro · en > : 0> ctl . o o o o o co. ..- ~ o o o o o co. ..- ~ o o o ci o co. ..- ~ e: o U 0> en .... 0> - e: co ..- 0:: C/) ... ctl ..- co ..- 0:: C/) C"l ..- . .' !?~!1N~_!.~_~~~!_!~~~~ T_~~___~~~~~~-~!._2007 ,_,_,___________________._______________ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: 5e.. __.__...__..__...___.._.._..._._._~._w_..._._.-:.._---_._..-----.----.-.-..---..- SUBJECT: S 320th Street at 1st A venue S Intersection Improvements Project ~ Reprioritization of Funds POLICY QUESTION: Should the Council authorize staff to not move forward with the S 320th Street at 1st Avenue S Intersl~ction Improvements Project and retum to the Council when funding becomes available for further reports and authorization? ' COMMITIEE: Land Use and Transportation Committee MEETING DATE: I)ec. 18,2006 CATEGOJ;tY: [8J Consent o City Council Business o o Ordinance Resolution o o Public Hearing Other ~]:' A~_~~Q~!!Y.:_M~~~n ~~llo~m, St,!eet ~.r~.<?!.!!~ Manag~,____~!PT: ~llbl~__~~E~,~_______..__:___________, Attachmen ts: 1. StaffLUTC Memo dated December 18,2006. . Options Considered: 1. Authorize staff to move forward with property acquisition for the S 320th Street at 1 st Avenue S Intersection ImprovemcntsProjcct, and return to "the LUTC Committee when additional project funding becomes available for further reports and authorization. 2. Do not authorize staff to acquire the necessary property and return to the LUTe Committee when additional project funding becomes available for further reports and authorization. 3. Provide further direction to staff. 81- AFFRECOMi\1:ENDA TION:-Authorize staff to proceed with Optiori-i:---'---------------------.-------------- CITY MANAGER ApPROVAL: DIRECTOR APPROVAL: ~/Utl- Conuuiuee '" Ch#\ Council COMMlTIEE RJ1:COMMENDATlON: Committee authorizes staff to forward Option 1 to the January 2, 2007 City Council Consent Agenda for approval. "'.... , Chair Eric Fal , Me.mber ' , Member , ,,' POSED COUNCIL MOTION: "Authorize staff to move forward with property acquisition for thetS 320th Street at }SI Avenue S lntersection Improvements Project, and return to the LUTe Committee when additional project funding becomes available for further .reports and authorization ., (BELOW TO BE COMPLETED BY CITY CLERl(S OFFICE) . COUNCIL ACfION: o APPROVED o DENIED o TABLEDfDEFERREDiNO ACITON o MOVED TO SECOND READING (ordinances only) COUNCIL BILL #, 1ST reading , Enactment reading ORDINANCE # K:\COUNCIl\AGDBIlLS\2007\1-02-07 S 320th at 1st Ave S - Reprloritization of Funds.doc ::,. CITY OF FEDERAL WAY ,MEMORANDUM DATE: TO: , VIA: FROM: SUUJECT: December 18,2006 Land Use and Transportation Committee ~ Neal J. Beets, City Manager' , Marwan Salloum, P.E., Street Systems Manage . .' , S 320th Street atlst AvenueS Intersection Improvements Project -100% Design Status Report BACKGROUND: The 100% Design Status Report was previously presented to LUTC on August 7, 2006. At that meeting LUTC recommendation was "Authorize staff to acquire the necessary property and not move forward with the project until funding become avalible..." At the September 5,2006 Council meeting Council elected not to approve the Committee recommendation and vO,ted to return this item back to LUCT for reprioritization of funds. Attached to this memo are the August 7,2006 LUTC memo and September 5, 2006 Council Agenda Bill. cc: Project File K:\LUTC\2006\12-18-06 S 320th Street at 1st Ave $ Intersection Improvements - 100% Design Status Report.doc . . . . COUNCIL MEETING DATE: Sept. 5,2006 ITEM #: 5 - i CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S 320th Street at ) 'I A ve,nue S Intersection Improvements Pro 'ect - QO% Design Status Report POLICY QUESTION: Should the Councilauthome staff to Sft&We the 320th Street at) Avenue S Intersection Improvements Project and return to the Council when funding 'becomes available for further reports andauthOllzation? , COMMITTEE: l.and Use and Transportation Conunittee MEETING DATE: Aug. 7, 2006 , CATEGORY: t8'J Consent o City Council D~siness o o Qrdinance o ~ubljc Hearing Other Attachments: I. Staff LUTCMemo dated August 7, 200(j. . I I I Options Con$idered: L Authorize Htafftonot move forward with propertyacquisition,'shelve the S 320th Street at )SI Avenue S' Intersectioil Improvements Project, and retuCn to the LUTC Committee when additional project funding becomes available filr further reports and authorization. ' ' 2. Authorize :;tatfto acquire the necessary property and then shelve the project. 3. Authorize :;taffto move forward with property acquisition and not shelve this project. Provide further direction to staff. STAn RECOMMENDA nON: Authorize staff to proce-~ with -Option 2. ClTYMANAGIE:R ApPROVAL: ~ ., DIRECTOR APPROVAL: , (h,K...,' Conmibce COUIlCO COMMITTEEFlECOMMENDATION: Committee authorizes staff to forward Option 2 to the Sept. 5,2006 City Council . Consent Agenda for approval. (BELOW TO BE COMPLETED BY CITY CLERXS OFFICE) COUNCIL ACTION: o APPROVEI> o DENIED o T ABLEDfDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances on/)') REVISED - 0210612006 COUNCIL BILL N 1ST reading' Enactment rudin~ ORDINANCE " RESOLunON /I . K:\COUNClL\AGIl61lLS\2006\09-0S-06 S 320U1 at 1st Ave S. 100% deslgn Status Report,.doc CITY OF FEDERAL WAY MEMORANDUM . DATE: TO: VIA: FROM: SUBJECT: July 31, 2006 Land Use and Transportation Committe Derek Matheson; Interim City Manager Marwan Salloum, P.E., Street Systems Manager S 320thStreet.at 1J' Avenue S 1ntersection 1mprovements Project - 100% Design Status Report BACKGROUND: l11is project will add ~ 2nd left-turn lane in all four directions, northbound, southbound arid westbound right-turn lanes and widen 1st },venue S to five lanes from S 316th Street to S 32Qth Street. The traffic sigrtafsystem will be modified to accommodate the added lanes. The existing span-wire emergency signal system. at the Federal Way Fire Department will be replaced with a new silWal. The 100% design is compleIe. The right of way acquisition has not started as of yet PROJECf ESTIMATED EXPENDITURES: Planning and Design ROW Acquisition (estimate) Constructi,on cost 2006 (estimate) 10% Cons'truction Contingency Construction Management (12%) $450,000 864,000 4,633,000 463,000 579,000 . TOTAL PF~OJELTCOSTS $6;989,000 AVAILABLE. FUNDIN,G: REET Fund Utility Tax Transfer in street CIPFund Mitigation Interest $337,000 603.000 217,000 169,000 58,000 TOTAL A V'AJt.ABLE BUDGET $1,384,000 Given the project currently has a funding shortfull of $5,605,000; staff anticipates applying to the Transportation Improvement Board (TIB) for grant funding to construct the project. The TJB gra'nt application wQuld be submitted assuming a 60/40 split of the total project !:ost or $4,193,400 TIB grant and $2,795,600 as city match. With $1,384,000 of City/mitigation funds currently available, the City would need to provide, an additional $1,411 ,600 to satisfy the City match amount. In 2004 Staff applied and was not successful in obtaining TIB funding for this project as it was scoped in the 2004 TIP. Attbis ti~e staff does not fed that this project will ~core high enough to get Tll)funding even though it will qualify as a construction-ready project.. ' . . cc: Projccl File Day Fil.