Council PKT 02-20-2007 Regular
...... CITY OF
,~ 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
February 20, 2007 - Regular Meeting
AGENDA
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
February 20, 2007 - 7:00 PM
(www.cityoffederalway.com)
1. MEETING CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. Proclamation Recognizing Ted Enticknap for his Years of Service to the Community
b. Proclamation from President Bush Declaring January 15,2007 as the Martin Luther King,
Jr. Federal Holiday - Presented to Diversity Commission Vice-Chair, Suzanne Smith
c. Contribution for Community Center from Brantley, Janson, Yost and Ellison
d. Swearing-In Ceremony for New Officers:
Winson W Waterman, Eric E. Walden, and Darius A. Aldridge
e. Special Recognition of City Employee
f. City Manager - Introduction of New Employees
g. City Manager - Emerging Issues
Community Center Power Point Presentation by Parks Planning & Development Coordinator
B. Sanders
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 February 6,2007 Regular Meeting Minutes
b. Meeting Summary: Approval of the January 27,2007 Council Retreat Summary
c. ENACTMENT ORDINANCE: Council Bill #428 - City Center SEP A Planned Action
Ordinance
d. ENACTMENT ORDINANCE: Council Bill #429 - 35th Avenue South Street Vacation Request
e. Temporary Occupancy License Agreement - The Commons of Federal Way
f. Interlocal Cooperative Agreement- Valley Special Response Team Operational Agreement
g. South 373rd Street Bridge Replacement and Stream Restoration Project (CIP# 304-3100-
250); Bid Results and Request to Build
h. RESOLUTION: Initiating Annexation Process of Entire Potential Annexation Area
6. COUNCIL BUSINESS
a. Interlocal Agreement with Cities for the Joint Appeal of Department of Ecology's NPDES
Permit
b. Proposed Settlement Agreement of McDowell v. City of Federal Way
7. COUNCIL REPORTS
8. CITY MANAGER REPORT
9. EXECUTIVE SESSION
a. Property Acquisition Pursuant to RCW 42.30.110(1)(b)
b. Potential Litigation Pursuant to RCW 42.30.110(1)(i)
10. 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
.
PROCLAMATION
"Declaring Ted Enticknap Week"
February 26 - March 4, 2007
.
. WHEREAS, Ted Enticknap, along with his family, is a long-time resident of the City of
Federal Way; and
WHEREAS, Mr. Enticknap has been a constant presence at' City Council Meetings,
beginning pre-incorporation, steadily monitoring City policies and decisions; and
WHEREAS, Mr. Enticknap has always been helpful to City Staff, assisting with the set-up of
the Council Chambers and staying after Council meetings to offer help and friendship; and
WHEREAS, Mr. Enticknap haS been involved in the Federal Way community as an activist
for many years including his work with the Friends of the Hylebos, measuring rain levels,
conducting stream water quality tests, and participating in habitat projects; and
WHEREAS, In 2006 Mf. Enticknap was presented with the Friends of the Hylebos 'Lifetime
Stewardship Award after' serving as a trusted steward of the Hylebos for thirty-nine years;
and
WHEREAS, Mr. Enticknap has shown a passion for the natural habitat of the City and has
taken virtually every elected City official, City Manager, and City department administrator
on a tour of the Hylebos and other natural treasures within the City in his vintage, manual-
shift, robin's egg-blue Studebaker to educate. them on the importance of the Hylebos; and
WHEREAS, Mr. Enticknap has inspired innumerous citizens to follow his example of habitat
preservation, 'restoration and education; and
WHEREAS, Mr. Enticknap has never askedfor recognitionfor any of his endeavors;
NOW, THEREFORE, we, the undersigned Councilmembers of the City of Federal Way,
Washington, hereby recognize
TED .ENTICKNAP
for his outstanding commitment to this community and declare
February 26, 2007 - March 4, 2007 as Ted Enticknap Week
SIGNED, this 20th Day of February 2007.
CITY OF FEDERAL WAY
Mike Park, Mayor
Jim FerreU, Deputy Mayor
Jeanne Burbidge, Councilmember
Jack Dflvey, Councilmember
Eric Faison, Councilmember
Linda Kochmar, Councilm'ember
.
Dean McColgan, Councilmember
.
Martin Luther King, Jr., Federal Holiday,
2007
By the President of the United Stctes of America
A Proclamation
.
On the MartIn Luther King, Ir., Federal Holiday, Americans honor the memory of a man who
stirrad the conscience of a Nation. We also recommil oursalves 10 the dream to which Dr. King
devoted his Iif&-in America where the dignity of evary parson is raspacted; where people ..e
judgad not by the color of thair skin, but by the .content of thalr charactar; and where tha hope
of a benar tomonow is in every neighborhood.
When MartIn Luther King. /r.. came 10 our Nation's Capital iri the summer of 1963. he came
10 inspire America and to call on our citizens to live up to the principles of our founding. His
dream spread a message of hope. justice, and brotherhood that look hold in the hearts of men
and women sa-oss our great land, and it continueB to speak to millions here at home and around
the world..
We Iionor Martin Luther King, Ir.. and remember hi. strength of ch..acler and his leadership.
We also remember the work that still remains. America bas come a long way since Dr. King's
time. yet our joUI'Doy to justice is not complete. There is still a Deed for all Americans to hear
.the power and hopa of Dr. King's enduring words so that we can hesten the day whan his dream
is made real. Last yoar, I was proud to sign the "Fannie Lou Hamel. Rosa Parks. and Coretta
Scott King Voting RIghts Act Reauthorization and Amendmants Act of 2006." This Act renewed
the 1965 bill that realfumed our belief that all man are created &qual. broke the segregationist
lock on the ballot box. and helped bring an excluded community inlO the center of American
democracy. Our Nation will continue to build on the lagal &quality championad by Dr. King and
all the heroes of the civil rights movement. and we will continue OUl work to protect the promise
of om Declaration and gu8J'8Dtee the rights of every citizen.
As we observe Dr. King's birthday, let us honor his legacy and go forward with coiUidence as
a Nation united. committed 10 destroying discrimination, and dadicatad 10 extending the full blessing.
of liberty and opportunity 10 all Americans.
NOW, TIlEREFORE, I. GEORGE W. BUSH, Presidanl of the Unitad Stales of Amarica. by virtue
of the authority veslad in me by the Constitution and laws of tha United Stales. do hareby proclaim
Monday. lanuary 15, 2007. as the Martin Luther King. Jr., Fedaral Holiday. I encourage all Americans
to observe this special day with appropriate civic. community. and service programs and activities
in honor of Dr. King's life and I.egacy.
IN WITNESS WHEREOF, I have hereunlo .el my hand this elevanth day of January, in the year
of our Lord two thousand Beveu, and of the Independence of the United States of America the
two hundred and thirty-first
~~
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COUNCIL MEETING DATE: February 20, 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 February 6, 2007 regular meeting?
COMMITTEE: Not Applicable
MEETING DATE: Not Applicable
CATEGORY:
IZI Consent
D City Council Business
STAFF REpORT By: Not AEp'licable
Attachments:
Draft meeting minutes of the February 6, 200Tregular meeting.
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes' as necessary.
D
D
D Ordinance
D Resolution
public Bearing
Other
DEPT:NotApplicable
STAFF RECOMMENDATION: Staff recommends approving the minutes as presented.
CITY MANAGER ApPROVAL:
*-
N/A
Committee
DIRECTOR ApPROVAL:
N/A
Committee
N/A
Council
COMMITTEERECQMMENDATION: Not Applicable
PROPOSED COUNCn, MOTION: "I move approval of the meeting minutes of the February 6, 2007 regular
meeting.
(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 #
DRAFT MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - CityHaU
February 6, 2007 -7:00 PM
(www.cityoffederalway.com)
*****
.
1. MEETING tALL TO ORDER
Mayor Park called the meeting to order at 7:06 PM.
2. PLEDGE OF ALLEGIANCE
Cub Scout Troop 1/366 JOM Wilde. Councilmember Dean McColgan led the flag salute.
MOTION:
Councilmember Burbidge moved to add Community Business and Officers Working Together
to Detect and Arrest Copper Wire Suspects to the agenda following the presentation by Dr.
Anderson (item b). Deputy Mayor Ferrell second. The motion carried 7-0.
3. PRESENTATIONS
a.
PUGET SOUND ENERGY GRANT PRESENTATION (MOTION REQUIRED) - Parks Planning
& Development Coordinator B. Sanders introduced PSE Representative, Joel Jaclanan. Mr.
Jackman presented the Council with a PowerPoint slideshow detailing energy and gas
conservation measures (the Community Center has been designed and built with an energy-
savings rate of25 - 33% above the Washington State Energy Code - one ofthe strongest in
the country): PSE has awarded the City a grant in the amount of$55,440 for its energy saving
measures.
.
Councilmember Burbidge, on behalf of the Council, thanked Mr. Jaclanan for the
recognition.
MOTION: Councilmember Burbidge moved to accept the Puget Sound Energy Grant and to authorize
the City Manager to sign. Deputy Mayor Ferrell second. The motion carried 7-0.
b. FuNDRAISING EFFORT FOR DEFIBRILLATORS IN ALL FEDERAL WAY SCHOOLS -: Dr.
Steve Anderson announced a fundraising effort, "The Heart of Federal Way Schools" with a
goal to place an AED "Automatic External Defibrillator" within three minutes of every
student in Federal Way. Dr. Anderson demonstrated the use of AED's on a patient suffering
from sudden cardiac arrest. He stated that 325,000 people experience sudden cardiac arrest
each year, and each year 7,000 students die. A fundraising dinner has been set for March 17 ,
.2007 at 6:30 PM in the King County Aquatic Center. Citizens were encouraged to attend and
to contact Kathy Schmidt (kathvschmidt@fhshealth.org) with questions or offers to help.
~.
COMMUNITY BUSINESS AND OFFICERS WORKING TOGETHER TO DETECT AND ARREST
COPPER WIRE SUSPECTS - Chief Wilson recognized Officer Manny Mairs and Puget Sound
Energy Employee Mark Warner for the arrest of two suspected copper thieves apprehended
while apparently in the act of stealing a large quantity of cable from a PSE facility. Mr. Art
Francis accepted on behalf of Mr. Warner.
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de.
CITY MANAGER -INTRODUCTION OF NEW EMPLOYEES: Mr. Beets announced Federal
Way's newest member to the Police Department, Officer Eric Walden. Although Officer
Walden was unable to attend this Council meeting, he will be introduced and sworn in on
February 20,2007.
ed.
CITY MANAGER - EMERGING ISSUES - Mr. Beets stated that the grand opening of the
Federal Way Community Center has been set and invited Donna Hanson to provide additional
details. Ms. Hanson announced the grand opening haS been set for March 31, 2007 and will
kick off with a VIP breakfast to be followed by free activities and tours of the facility for the
public. Staff will move from the Klahanee Lake location to the new Community Center on
March 2 and will be giving tours and selling passes on site. To date, approximately 200
passes have been sold. Citizens were encouraged to take a tour!
4. CITIZEN COMMENT
JOHN WILDE: Deputy City Clerk Kelsey read his letter into the record which expressed concerns
regarding public outreach during and after the December wind storm and subsequent power outage.
Mr. Wilde offered several suggestions for improvements. .
B. DAVID KAPLAN encouraged citizens to attend future Council retreats and remarked on the business
conducted at the retreat. Mr. Kaplan. further commented that citizens who do not attend the retreat
miss an opportunity to connect face-to-face with their councilmembers.
PEGGY LAPORTE stated she would like the Council to require or encourage outdoor public art for all
new major development projects in the city; specifically the development of the AMC Theatre site.
CARROL CLEMENS agreed with the comments made by Ms. LaPorte and expanded on the need for
fine, outdoor art in Federal Way.
NORMA BLANCHARD questioned the number of open code violation cases and asked .how many
police officers are on the force. Mayor Park recommended she contact Community Development
Director Kathy McClung.
BRUCE LEE endorsed the comments made by Peggy LaPorte.
MAGGIE ELLIS spoke regarding the upcoming Writers' Retreat at Dumas Bay on April 27 & 28
which will feature a writing competition for high school students to include a first and second place
prize to be awarded to two students at each of the four high schools. Local authors and teachers will
give workshops, lectures and seminars. .
JANN PEREZ supported the Arts Commission and public art downtown.
JOHN WILDE apologized for not bringing his Boy Scouts Troup to lead the flag salute and stated he
hoped they would beready on February 20.
5. CONSENT AGENDA
a.
Minutes: Approval of the January 3, 2007 Special Meeting Minutes; January 16, '2007
Regular Meeting Minutes - PASSED
Vouchers - PASSED
City Hall HV AC Modifications - PASSED
Arts Commission 2007 Contracts for Service - PULLED
b.
c.
d.
e. . Arts Commission 2007 Work Plan - PASSED
MOTION:
MOTIOl'l':
MOTION:
f.
Lakehaven U.tility District Interlocal Agreement - Preliminary Engineering Services
Amendment No.2 - PULLED
S. 348th Street at 151 A venue South Intersection Improvement Project - 30% Design Status
Report - PASSED
Demolition ofFormerAMC Theater Building - PASSED
2007-2008 Litter Control Services Agreement - PASSED
.
g.
h.
1.
Councilmember Kochmar pulled agenda item f; Councilmember Burbidge pulled agenda item d.
Deputy Mayor Ferrell moved to approve items a, b, 'c, e, g, h & i. Councilinember Kochmar
second. The motion carried 7-0.
Councilmember Burbidge recused herself from voting on item d as her husband serves as
Chair of the Federal Way Chorale, an organization with a funding request under
consideration.
Councilmember Kochmar moved approval of the Arts Commission 2007 contracts for
services funding. Deputy Mayor Ferrell second. The motion carried 6-0 (Burbidge
Recused).
Councilmember Kochmar recused herself from voting on item f as she is an employee of
Lakehaven Utility District. .
Councilmember Burbidge moved to authorize staff to execute an amend merit to the Interlocal.
agreement between the City ofF ederal way and Lakehaven Utility District for preliminary
engineering services for water and sanitary sewer infrastructure related to transportation
and surface water management project to extend the term to December 31,2007, to revise the
payment, and to authorize the City Manager to approve, sign and execute all written
agreements'amending Paragraph III, Payments and Paragraph V, Duration. Deputy Mayor
Ferrell second. The motion carried 6-0 (Kochmar Recused).
.
6. INTRODUCTION ORDINANCES
a. COUNCIL BILL #428 - CITY CENTER SEP A PLANNED ACTION ORDINANCE
An ordinance of the City Council of the City of Federal Way, Washington, establishing the
city center planned action purs~t to RCW 43.21.031.
MOTION:
b.
MOTION:
Deputy City Clerk Kelsey read the ordinance title into the record.
Councilmember Dovey moved to forward the ordinance to a second reading on February 20,
2007. Deputy Mayor Ferrell second. The motion carried 7-0.
COUNCIL BILL #429 - 35111 AVENUE SOUTH STREET VACATION REOUEST ApPROVAL
An ordinance of the City Council of the City of Federal W ay, Washington, vacating a portion
of 35th Avenue South in the vicinity north of South 336th Street.
Deputy City Clerk Kelsey read the ordinance title into the record.
Councilmember Dovey moved to forward the ordinance to a second reading on February 20,
2007. Councilmember McColgan second. The motion carried 7-0.
.
e)
.
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7.
COUNCIL REPORTS
COUNCILMEMBER DOVEY announced the final Metropolitan Solid Waste Management Advisory
Committee (MSW AC) meeting and deadline for final comments as detailed during recent Land Use &
Transportation Committee Meetings. Anyone with comments was encouraged to contact Public
Works Director Cary Roe or himself before Friday so their concerns could be brought forward.
COUNCILMEMBER BURBIDGE announced February 13, 2007 at 6:00 PM as the date for the next
Parks, Recreation and Public Safety Committee meeting and briefly reviewed the agenda topics for
consideration. She announced plans to attend the South County Area Transportation Board meeting
next week and encouraged citizens to attend the Center Stage Theater production of Absurd Person
Singular playing February 9 - 25 at the Knutzen Family Theatre. Councilmember Burbidge was also
pleased to recognize and congratulate the following Parks personnel for recently becoming nationally
accredited as follows:
Certified Playgrounds Inspectors - Recognized by the .National Playground Safety
InSpector Training Program (NPSI) are Tony Collins, Jason Gerwen and Tim Dickinson.
Certified Arborist - Recognized through the International Society of Arborist (ISA), is Tim
Dickinson
COUNCILMEMBER KOCHMAR recognized Deputy City Clerk Kelsey for her efforts to organize the
City's second annual Souper Bowl; an event made possible by the donations from City staff. This
year's SouperBowl resulted in a contribution to the Multi-Service Center Food Bank of approximately
3,500 cans of soup and other non-perishable food items. Coqncilmember Kochmar also announced
the Association of Washington Cities' annual Legislative Conference m Olympia on February 14 and
15. Last,. she announced the next meeting of the City's Finance Human Services and Regional Affairs.
Committee meeting which will include information on homelessness and temporary emergency
. shelters.
MA YOR PARK announced the State of the City address at the Chamber of Commerce Luncheon at the
Twin Lakes Golf & Country Club on Wednesday, February 7 at 11 :30 PM and announced the. next
Lodging Tax Adyj,sory Committee meeting on Friday, February 9. Mayor Park also stated that he,
along with several Councilmembers and City Manager Beets plan to meet with the 30th District
Legislators during the A WC Conf~rence February 14 and 15.
8.. CITY MANAGER REPORT
The City Manager reported that the executive session would last approximately 20 minutes.
9. EXECUTIVE SESSION
a. Potential Litigation Pursuant to RCW 42.30.110(1)(i) - COUlJ.cil recessed to Executive
Session at 8:01 PM.
10. ADJOURNMENT
With no further business to consider, the Mayor adjourned the meeting at 8:09 PM.
ATTEST:
Krystal Kelsey, Deputy City Clerk
Approved by Council:
.
.
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COUNCIL MEETING DATE: February 20,2007
ITEM #:
5-b
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL RETREAT SUMMARY APPROY AL
POLICY QUESTION: Should Council approve the draft summary of the January 27, 2007 City Council Annual
Retreat?
COMMITTEE: Not Applicabk
MEETING DATE: Not Applicable
CATEGORY:
1ZI Consent
D City Council Business
STAFF.: REpORT By: Not App..ficable
Attachments:
Draft summary of the January 27, 2007 City Council Annual Retreat.
Options Considered:
1. Approve the minutes as presented. .
2. Amend the minutes as necessary.
D Ordinance
D Resolution
D
D
Public Hearing
Other
DEPT:NotApplkable
STAFF RECOMMENDATION: Staff recommends approving the summary as presented.
CITY MANAGER APPROVAL:
DIRECTOR APPROVAL:
N/A
Committee
N/A
Council
N/A
Committee
COMMITTEE RECOMMENDATION: Not Applicable
PROPOSED COUNCIL MOTION: "I move approval of the draft summary of the January 27,2007 City Council
Annual Retreat.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED'
o TABLEDIDEFERREDINO ACflON
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
THE FEPERAL WAY CITY COUNCIL AND MANAGEMENT TEAM'S
. ANNUAL STRATEGIC PLANNING RETREAT
.
January 2th, 2007, 8:30 a.m. - 3:45 p.m.
DRAFT SUMMARY
of the Retreat's Key Discussions, Decisions and Agreements
Attending the 2007 Annual Strategic Planning Retreat were: Mayor'Mike Park; Deputy Mayor Jim Ferrell;
CO"uncilmembers Jeanne Burbidge, Jack Dovey, Eric Faison, Linda Kochmar, and Dean McColgan; City
Manager Neal Beets; Assistant City Manager Derek Matheson; management team members Patrick
Doherty, Donna Hanson, Kathy McClung, Mary McDougal, Pat Richardson, Gary Roe, Iwen Wang, and
Brian Wilson; City Clerk Laura Hathaway; Assistant Police Chief Andy Hwang; and two City residents.
TH~ COUNCIL'S DECISIONS AND DIRECTIONS
During the January 2th, 2007 strategic planning retreat, the City Council agreed on the following
decisions or directions:
COMMUNICATIONS AND MESSAGING:
.
The Council agrees that the City of Federal Way needs to be more aggressive about "telling its
story." That may mean marketing its accomplishments or educating th.e public-at-Iarge or specific
stakeholders, such as the business community, about the community's attributes and the City's
services.
Councilmembers want the City to continue to maximize the communications and marketing
resources and tools already at its disposal, including press releases, newsletters, the website,
video, and television. No effort was made to try to reach agreement on other. strategies, but
individual Councilmembers offered these suggestions for how to accomplish this goal:
· Dedicate a full-time position for public relations, someone whose sole responsibility is
"selling" Federal Way. .
· Produce a public relations strategic plan to change perceptions. For example, to attract new
businesses, help change the lingering perceptions that the 'community has a high crime rate
compared to other communities, and that the City is a difficult place in which to qo business.
Crime rate statistics and changes in the permitting process are evidence that these
perceptions are no longer true.
· Identify the key messages that the City needs to communicate, and develop systems for
doing so and. for changing them over time. Recognize that some techniques we currently use
may no longer be as effective given evolving ways our citizens receive messages and search
for information, so tailor the messages and the ways in which the City delivers them to a
variety of constituencies, and use a diverse set of tools to communicate them.
· Partner with other agencies and groups who contribute to perceptions about the community.
A priority: the Federal Way School District. .
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DECISION-MAKING PROCESSES:
As a result of Neal's observations about the uses and time-consuming nature of meetings and of
his "trial balloon" suggestions, the Council authorized the management team to submit proposals
for streamlining and increasing the efficiency of the Councils' decision-making processes,
particularly in the use of committees. The management team should craft its proposals to
achieve these Council iriterests:
· Strengthen the quality of Council decisions.
· . Maintain or enhance the Council's teamwork when making decisions.
· Provide sufficient Council oversight while increasing the efficiency of City decision-making.
· Enable the Council to be as efficient as possible.
· Use staff resources judiciously and efficiently.
· Maintain or strengthen the involvement of citizens in the Council's decision-making.
THE POTENTIAL ANNEXATION:
As the City prepares for the possibility that in the near future itwill assume responsibility for an
additional 20,000 citizens and an area about one-quarter the size of the City's current territory,
the CounCil offers this direction:
· Because of the diversity of the neighborhoods that may annex into Federal Way, the City
needs to tailor its messages during the annexation campaign to the different interests, needs,
concems, and qualities and characteristics of these neighborhoods.
. · Federal Way residents have corrie. to expect high quality services and a high level of service
delivery from the City. In planning to deliver services to these potential new residents, the
City needs to consider their expectations as well as those of existing residents. The City
should also consider tlie demands for service as it prepares service delivery strategies.
· The. City also needs to consider the State's and County's interests and expectations because
of financial contributions they will make if annexation is successful. .
· The City should also consider whether or not the interests of new citizens would be served if
the annexation were to take effect on January 1st, 2009, or if their interests would be more
effectively addressed by an earlier date of implementation.
In his presentation that laid the foundation for the Council's discussion and direction, Derek
mentioned that a public outreach plan will be developed, and that the Council will have
opportunities to influence its themes and components.
ECONOMIC DEVELOPMENT:
There appears to be consensus among the Council members that the City.is on "the right track" in
its economic development vision and actions. In addition, the Council appears to be united by a
goal of continuing to increase retail sales within the City for num~rous reasons, including the
potential to help address the anticipated future "gap" between tax revenues and City
expenditures. The Council also appears to agree with the management team that economic
development initiatives can make a significant contribution to narrowing that gap, but are not
likely to completely eliminate it.. .
We did not make an attempt to reach consensus on the following strategies; individual Council
members suggested them in the spirit of continually refining the. City's approach to economic
development:
2
. The City may need to. revisit regulatio.ns go.verning the Io.catio.n o.f the fro.nt do.or o.f new
develo.pments to. ensure that the they do not face parking Io.ts, leaving the backs o.f puilqings
facing the street.
.
. As we continue to. make pro.gress an the City Center, the City sho.uld also. address the needs
and interests of neighborho.o.d business districts.
. The two.-hundred-fo.o.t height limit far buildings constructed in do.wnto.wn may be to.o. law
because it may be limiting oppo.rtunities for redevelopment.
. The City should consider "spinning o.ff' to. ather o.rganizatio.ns management respo.nsibility far
same community events. Altho.ugh the City could still contribute funding to the events, there
could be cast-savings to. the City by delegating management duties. Furthermo.re, delegating
such respo.nsibility to. private o.r no.n-pro.fit gro.ups could spread the econo.mic develo.pment
benefits o.f these events througho.ut the year and result in a mare strategic, co.o.rdinated
approach to corporate sponso.rs.
. The City sho.uld communicate with businesses as early as po.ssible to. ensure that wh.en they
consider Io.cating in Federal Way o.r expanding their existing o.peratio.ns, their plans align with
the City's visio.n, go.als, po.licies and,regulatio.ns.
As the retreat's discussio.ns about service delivery, pro.ductivity and efficiency concluded, Neal
pledged on behalf o.f the management te?lm to co.ntinue to. seek ways in which the staff can be
even mare pro.ductive and efficient, and can improve the quality and delivery o.f services to.
Federal Way residents.
The Co.uncil reco.gnizes the interest in a perfarming arts center in Federal Way. To. help mave the
co.mmunity discussio.ns abaut the facility to the next level, the Cauncil agreed that:
. The City ar a group such as the Caalition far the Perfarming Arts sho.uld informally convene
representatives af the interested parties. The Schaal District is one af those interested
parties and needs to. be included.
.
THE PERFORMING ARTS CENTER:
. This group sho.uld articulate a visio.n af theperfaniling arts center's ro.le in the community and
haw it cauld address the needs and interests af the cammunity and arts arganizatians.
. The graup shauld also. identify a variety of madels ar alternatives and the cost af each.
. ,As part af the pracess far moving this issue into. the public arena, the City cauld help to.
identify a graup that could be the principal advocate for the perfarming arts center. This
co.uld mo.ve discussions from "info.rmal" to. "forma!." .
. In additian, the raJes and respo.nsibilities of the City, the Schaal District and ather key
arganizations and graups should be defined and agreed upan.
While there was nat a consensus an the timing af this pro.cess, a suggestio.n was offered that the
. first step-info.rmally canvening the key stakehalders-should accur in the first half af 2007.
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2006 ACCOMPLISHMENTS AND THE FACTORS THAT PRODUCED THEM
At the beginning of the retreat, we identified and discussed our accomplishments of 2006. The
following were cited as the primary accomplishments:
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Voter approval of Proposition #1, which will define our work for the next several years.
The Community Center.
Continuity of executive leadership following David Moseley's departure, first from Derek and
now from Neal.
The City Manager hiring process, including how the citizenry was involved.
Purchase of the AMC movie theatre property.
The budget process, including the approach to and level of citizen involvement.
National recognition of Federal Way as a "diversity champion city."
Improvements to Highway 99.
The Coum;il is on "the same page" and providing unified direction and leadership.
A second municipal judge.
The Council's lead role in moving "the ball forward" at the State Legislature on domestic
violence legislation.
Code' compliance.
Started developing "grid roads" in City Center.
Use of utility tax revenues for the general fund.
The hiring of Brian Wilson as Police Chief.
Capacity building program initiated by staff and supported by Council to assist and train non-
profit organizations, which will be featured at a national human services conference in 2007.
14.8% reduction from 2005 to 2006 in "index" crimes.
Success infundirig projects, like $100 million for the transportation "triangle."
Federal Way's maturation, and our ability to put "legs" on our vision.
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After listing the principal accomplishments of last year, we identified the reasons why we were
successful. The factors cited were:
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Outreach to the public, including public education and citizens' involvement in City decision-
making.
Respect among the Council members for one another and for staff.
The consensus among the Council on our long-term vision and important decisions that
. implement it.
Courageous decisions, including purchasing the AMC theatre, proceeding on annexation,
and adopting the budget. .
The ability of the Council members to float "trial balloons" with each other so that we get a
wider range of ideas and opportunities when addressing issues.
The dedication and commitment of the City's employees.
Teamwork approach of staff.
Cooperation and collaboration with key stakeholders, such as the Police Guild.
Quarterly meetings with representatives of other agencies, including the School, Fire, and
Water and Sewer Districts.
The City's growing influence because it has become. ~ significant "player" in the region.
Consistency among the management team members: The team has stayed pretty much in
tact, and changes that have taken place, such as in the person of the City Manager, have not
disrupted service to the Councilor citizens or delayed progress in resolving issues;
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4
THE CULTURE OF THE POLICE DEPARTMENT
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At the Mayor's request, Brian Wilson, the new Police Chief, described his leadership and
management philosophy and the culture of the Police Department.
From the time he assumed the post of Police Chief on an interim basis, Brian's goal has been to
keep the department moving forward by offering a seamless leadership transition. He then
articulated the values that define his leadership and management style and the de'partment's .
cultur~:
officer safety
be the best of the best; if you are not passionate for this work, this is not the career for you
personal and professional development; on-going commitment to employee education
everything is an opportunity to showcase our good work
the"Wow!" factor: every contact with the department exceeds citizens' expectations
solid communication from top to bottom and from bottom to top of th.e department; as a result,
every employee knows about and understands the department's vision, priorities, issues and
challenges
an enjoyable; challenging, rewarding work environment
positive relationships with the public-at-Iarge and with community groups
build trust and credibility with the media; to protect privacy, we may not be able to answer all
the media's questions, but we are responsive about what is happening and why
problem-solving takes place at all levels of the department
be clear about standards and parameters, and hold employees accountable for achieving the
standards and adhering to the parameters .
on-going enhancement of the culture
command staff is expected to keep in touch with what is going on in' the department
To ensure that these values are. reflected in the department's operations~ Brian mentioned two
initiatives:
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1. Improve response times to calls from citizens and improve internal supervision by increasing
the number of squads from seven to 'eight and reducing the number of officers per squad. .
2. To bring new hires "on-line" faster, the Federal Way Police Department and other local police
departments in South King County are considering developing their own Police Academy.
THE DEPARTMENTS' APPROACH TO IMPLEMENTING PROPOSITION #1
The management team provided the' Council with an accounting of how each department is
implementing Proposition #1. These are the themes of that discussion:
· The departments are focused on continuing to provide high quality service.
· Maintain the City's high standards for employees even if that means taking a little more time
to hire the rightemployees.
· Hiring the right employees has become more challenging recently because of competition
from both public and private organizations. Private companies in particular, but some public
agencies, too, such as police departments, are offering "signing bonuses" and other "over the
top" packages that are extremely difficult to match when trying to recruit quality employees.
· In the period before all the new positions authorized by Proposition #1 are filled, departments
are being creative about deploying staff and resources to get the job done.
· In-house training is a key strategy to maintain the high skill level of employees.
· Some departments, such as the Police Department, are changing service delivery models to
ensure high caliber, responsive and efficient services.
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5
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THE CITY'S LONG-TERM FINANCIAL OUTLOOK
lwen provided everyone with a copy of her PowerPoint presentation that set the stage for future
actions to address the deficit that is expected in the next three to five years. Her presentation
and the ensuing discussion highlighted these points: .
· Some fundamental structural changes will be needed to resolve the "gap" between revenues
and expenditures.
· The City has been very efficient in delivering the high level and quality of services. But for
the future it appears there will be less money to provide the same standards in the amount
and quality of services.
· Federal Way's situation may be worse than that of other comparable cities in the region'
because the City does not have as many jobs, as much manufacturing/warehouse-based tax
revenue, and as high a percentage of property tax revenues from property in its budget. .
As part of this discussion Patrick mentioned that his offic'e, working in conjunction with the
departments, is focused on increasing the number of jobs in the City, diversifying the economic
base of the City, and increasing job opportunities within the City for existing residents.
POTENTIAL FUTURE ISSUES FOR COUNCIL CONSIDERATION
Following the discussions of the City's long-term economic outlook, annexation, economic
development and the level and quality of services, the Council identified and discussed issues
that may be of interest in the future or could soon require the City's attention. The performing arts
center was discussed for the longest amount of time; the discussion resulted in Council
agreements that are listed on page three.
Other issues the Council briefly discussed were:
· Parks. Parks such as Lakota andSacagawea have not been upgraded in a long time and
may soon require City action to improve them. If the City is unable to fund upgrades of these
and other parks through the CIP, it may need to consider creating a Parks District to generate
sufficient funding.
· The Community Centers business plan. At the end of 2007 the City may want to assess
the Community Center's business plan to determine whether the plan is achieving our goals
and expectations. .
· In-city transportafion: The City may want to explore establishing an internal (in-city)
transportation network (shuttle system) to efficiently move people throughout the community,
reduce reliance on the automobile, and stimulate economic opportunity. The creation of a
Business Improvement District (BID) may be one method to launch such a system.
· Design Guidelines: Today the City's design guidelines are most restrictive in City Center.
and less so the farther one goes from downtown. The City may want to review that
approach, assess whether or not the current guidelines are working for both downtown and
the neighborhoods, and, if not. revise them.
6
COUNCIL MEETING DATE: February 6, 2007
ITEM #:
5-c.
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CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: City Center SEPA Planned Action Ordinance
POLICY QUESTION: Should the City Council approve a SEPA Planned Action Ordinance, creating a
streamlined land-use and environmental permitting process for qualifying projects within the Planned Action
Area of the City Center?
COMMITTEE: LAND USE AND TRANSPORTATION (LUTe)
MEETING DATE: 1/22/07
CATEGORY:
I&J Consent
o City Council Business
STAFF REPORT By: PATRICK DOHERTY
[gJ Ordinance
o Resolution
o
o
Public Hearing
Other
DEPT: CITY MANAGER
Attachments: Memo to LUTC, including "Appendix A;" draft Ordinance approving Planned Action, including
"Mitigation Document."
Summary/Background:
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1. Please see attached Memo to LUTC.
STAFF RECOMMENDATION: Staff recommends approval of the following options from the afore-
mentioned "Decision Options" framework detailed in the attached Memo to LUTC:
Option I - Adopt Planned Action Ordinance, with the following subordinate decisions:
· a(i) - Accelerate the S 312 St & Pac Hwy S improvement project (CIP 01-05) to the next-year
TIP.
· a(ii)(l) - Pro-rata per-trip contribution is based on full projected cost of all TIP projects and eIP
project 01-05, estimated to be $2,827.00/PM Peak Hour trip.
· b(iii) - Proj ects are exem om mitigation of Saturday traffic impacts.
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CITY MANAGER ApPROVAL: lJ i"- DIRECTOR ApPROVAL:
~0-
COMMITTEE RECOMMENDATION: "I move to recommend to City Council first reading oj the Planned Action
Ordinance on 2/g{~7 incl~_c!!'1lf 9fproval oj the following options:
· Accelerateite~ In Sf & Pac Hwy S improvement project (eIP 01-05) to the next-year TIP.
· Pro-rata per-trip contribution is based on full projected cost of all TIP projects and CfP project
01-05, estimated to be $2,827.00/PM Peak Hour trip.
· Projects are exempt from mitigation of Saturday traffic impacts. '"
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Committee Member
PROPOSED COUNCIL MOTION: "] move the City Center Planned Action Ordinance to second reading. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACfION ~
~ MOVED TO SECOND READING (ordinances only) <.y{ . 'liJU/lJ]
REVISED - 02/06/2006 .
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
4-~g'
~ 1l~ /)j
')-1 'O}bJ
I
><..
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. ~ Federal Way
DATE:
TO:
VIA:
FROM:
SUBJECT:
January 22, 2007
Land Use and Transportation C<?mmittee
Neal Beets, City Manager ~
Patrick DOhe~nomic~pment Director .
City Center SEPA Planned Action Ordinance
POLICY QUESTION
Should the City Council approve a SEPA Planned Action Ordinance, creating a streamlined land-use and
environmental permitting process for qualifying projects within the Planned .l\ction Area of the City Ceilter?
BACKGROUND
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 process, 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 amorig
those preferences are the following statements:
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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 regioilal 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.
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 and/or even offer incentives for redevelopment in fulfillment of the
Comprehensive Plan vision. Several of these actions are:
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.. 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-
compliant redevelopment and remove barriers to multifamily and mixed-use development. In
addition, in December 2006 the height limit for residential and mixed-use structures within the City
Center Core zone was raised from 85 feet to 200 feet;
. Continued City investment in substantial infrastructure improvements in the City Center;
. City engagement of the Leland Consulting Group to provide up-to-date market information to
support redevelopment 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;
USES
Retail
Office
Lodging
Residential
Civic
Structured Parkin
DEVELOPMENT "ENV
750,000 SF
350,000 SF
600 rooms
750 units
1 00,000 SF
750 stalls
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rochure,
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ent of a SEPA', . .
attached map,
te law (RCW
ing redevelopment .
pletes the'.
m!ined
nt in the City .
ELOPE"
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public hearing on
the associated
,2006.
elopment projects
I, independent
liance with the
the EIS and are
inance, to be
icle trips {see
ts. EIS analysis
lualitv standards.
.
Memo to LUTe
Planned Action Ordinance
January 22, 2007
Page 2 of 13
· Substantial marketing of the City Center redevelopment opportunities through b
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 developm
"Planned Action".and supporting EIS to cover the central portion of the City Center (see
"Exhibit A"), covering both City Center-Core and City Center-Frame zoning districts, Sta
43.21 C.031 (2){a) and WAC 197-11-164) enables Planned Actions as a means of foster
and growth in urban centers, pursuant to. the Growth Management Act. . Once a City com
required EiS, it may adopt a "Planned ACtion Ordinance" that offers a substantially strea
, environmental and land use permit review process. . .
The Federal Way City Center Planned Action EIS analyzes the impacts from developme
Center "Planned Action" area over a ten-year period, as follows:
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The Federal Way City Center Planned Action Draft EIS was issued on June 26,2006. A
the EIS was held on July 13, 2006 at the Federal Way City Hall, Council Chambers, and
public comment period ended on July 25, 2006. A Final EISwas issued on September 8
The Planned Action Ordinance will establish an expedited SEPA review process for dev
that conform with the Planned Action EIS. Those projects will be exempt from individua
SEPA review and will otherwise undergo a simpler and more expedited review for comp
Planned Action. Measures mitigating environmental impacts have been pre-identified in
spelled out in the "Mitigation Document" which is an apperidix to the Planned Action Ord
approved by City Council.
SUMMARY OF IMPACTS IDENTIFIED IN THE EIS
ENVIRONMENTAL
ELEMENT
Air Quality
~UMMARY OF IMPACTS
Increased development potential may lead to increased veh
below), leading to increased automobile-generated pollutan
indicates that ollutants would remain below allowable air
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Memo to LUTC
Planned Action Ordinance
January 22, 2007
Page 3 of 13
Land Use Existing land use patterns will intensify and the mix of uses will increase to
create a greater diversity in land use pattern. As vacant land is developed
.and other properties see building demolition and are redeveloped, uses that
are currently separated and buffered from each other will be. required to
coexist in closer proximity. The potential for conflict between uses with
differing activity levels will increase. .
Over time, the scale of buildings will increase as new development occurs
", and building heights are maximized along with density. In some areas there
will be a more marked transitiOn between older, low-scale buildings and
~~._----- newer, taller buildinQs would .be likely.'; --
Population, Employment Future residential and employment populations will increase.
and HousinQ
Aesthetics, Light/Glare, The visual character of the project area will change over time from. that of a
Views. Shadow typical low-scale, commercial center to a more intensive, midrise and high rise
I . . . mixed-use center.
Light generated from traffic, streetlights, parking lots and buildings would
increase as a result of redevelopment. There is potential for increased glare
from reflective building surfaces.
I Development of new high- and midrise buildings could result in decreased
views for the remaining lowrise buildings located near these sites and from
public rights-of-way.
There is potential for increased shadow impacts from taller buildings,
especially noticeable at existing lowrise sites. No significant public spaces
--- are anticipated to be shaded.
Transportation 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 at such time as the equivalent development
is realized) and a total of 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 northbound L turn lane at S 31ih/Pac Highway
. Optimize signal timing at S 3361h/Pac Highway
(See expanded summary below regarding transportation impacts and
mitiQation.) .
Public Services Greater employment and residential population will result in marginally
greater need for police, fire, and parks services. No significant, unmitigable
imoacts are foreseen.
Memo to LUTe
Planned Action Ordinance
January 22,2007
Page 4 of 13
Utilities
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.
Increased demand for energy and tel.ecommunications services will also
result, but not to si nificant levels.
. . Mit~qation :
--
.ENVIRONMENTAL SUMMARY OF MITIGATION MEASURES,
ELEMENT
. Air Quality . Short-term: .
Construction impacts can be mitigated through best practices to reduce
fugitive dust, such as spraying water; minimizing vehicle travel or speed on
unpaved surfaces; minimizing track-out of mud onto streets; covering soil
piles; avoiding work during high winds; plus PSCAA permitting of other.
.' activities such'as burning debris,etc.
Lonq-term: No mitiaation measures required.
Land Use Existing development standards are intended to mitigate height, bulk and
scale, and design impacts. However, continued vigilance of these impacts
and the potential need for development standard changes should be
performed.
Aesthetics, LighUGlare, Continued use of the Community Design Guidelines and process. Increased
Views, Shadow building height will be in association with pedestrian amenities and/or open
space at street level.
Transportation See more expanded summary below.
Public Services Coordinate with Federal Way Police and South King County Fire District
during design, construction and operation of future development to ensure
reliable emergency access. Also provide advanced notice of construction-
related street closures, blockages, etc.
Coordinate with Federal Way Parks and Recreation to identify opportunities
for increased recreational open space in the project area. In addition,
commercial projects seeking greater height will be required to provide on-site
plaza space.
Reduce public safety impacts through observance to "Crime Prevention
Throuqh Environmental Desion" quidelines.
Utilities Ensure that new development comply with local, state and federal standards
for energy conservation.
Strive for drought-tolerant landscaping in new development.
Encourage new development to incorporate appropriate water conservation
. measures, such as recvclinq.
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Memo to LUTe
Planned Action Ordinance
January 22, 2007
Page 5 of 13
Expanded Summary of Transportation Impacts and Mitiqation
Impacts
(Please see Appendix A for a detailed discussion of transportation impacts and mitigation.)
.. .
The EIS analyzes traffic conditions during the peak hours of weekday morning, weekday
evening, and Saturday in 2009 for three alternative land use assumptions. The Planned Action .
horizon year for total build-out ofthe land use assumptions is forecasted to be 2014. Additional
trips from the 2009 to 2014 projected l"arid use development'are forecasted for the three
alternative land use 'assumptions for the peak hours of weekday morning, weekday evening, and.
Saturday, but not analyzed at the intersection-specific level. It is difficult to accurately predict the
'amount of land use development that will be complete by 2014; therefore, staffwill complete a
reaiity check'dfthe land use development against the 2009 EISprbjections each year following
2009, with tl}e 6-year TIP analysis to address/target anyJuture impacts for increased vehicle trips. .
For the period 2004-2009 the projected traffic volumes can be summarized in the following
table: .
Summa
... . . . .
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II' II' -. -~ II'
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For the period 2009-2014 additional traffic volumes would be generated, as summarized in the
following table:.
~ Summary ofIITr~l;ie~':::jFederal Wa
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_. . - II ~ ~_.. ~ ~ - II · I.!ffi ~ ~ I.!ffi ~
~I~e~J&!}.Qu(~~.~'~:~__~~~2=.:.Jrr:__:.=..:J~ifQll1(jif~_<'=:31 f:2~~~2~~~1~ijI&:~~~:_~':f::jBFc"=~":::::~~=:~ ::~ij
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Alternative 3 (No Planned Action)
As one can see, even Alternative 3 (No Planned Action) would result in increased traffic volumes
over the existing conditions in all three periods (AM, PM and Saturday). Analysis ofthe traffic
conditions in this scenario yielded several intersections that would exceed the City's level of
service standards for those periods, with resulting proposals to mitigate those conditions. All
Memo to LUTe
Planned Action Ordinance
January 22, 2007
Page 6 of 13
.
mitigation measures considered for this Alternative are subsumed into the mitigation scenarios
considered for both Alternative 1 and 2, the Planned Action Alternatives, which are summarized
below.
Alternatives I and 2 (Planned Action)
For the purposes of summary, Alternative 1 will be discussed in this summary as well as in.
. Appendix A. Alternative 1 proposes a slightly greater mirriber' of PM Peak Hour trips and, as
such, is inclusive of Alternative 2.
The following table summarizes the traffic op~rations by 2009 as a' result of Alternative 1. It is
important to note that all currently programmed TIP projects are assumed.to be completed in
this analysis. You will note that those LOS or Volume/CapacitY:Ratio figures that would exceed:
. 'City-standards are highlighted in bold. '
2009 Alternative 1
Intersection Operations'
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Memo to LUTe
Planned Action Ordinance
January 22,2007
Page 7 ofl3
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. . .
.PM Peak Hour .
Five intersections would be projected to exceed in the PM Peak Hour, namely:
S 272 St & Pacific Hwy S
S 272 St & 1-5 southbound ramp
S 272 St & Military Rd S
S 312 St & Pacific Hwy S
S 336 St & Pacific Hwy S
Mitigation for these conditions, in addition to the currently programmed TIP projects, would be
warranted for two of these intersections, as follows:
S 312 St & Pacific Hwy S - Add a 2nd northbound left-tum lane (currently ident.ified as CIP
project 01-05). The City Council options would be to consider accelerating this project from the
ClP to the 6-year TlP.
S 336 St & Pacific Hwy S - Optimize the signal timing. (In fact; this optimization has already
been accomplished.)
AM Peak Hour
Two intersections would see increased traffic volumes that could exceed City level of service
standards:
S 272 St & 1-5 northbound ramp
S 272 St & Military Rd S
However, no mitigation is warranted.
Memo to LUTe
Planned Action Ordinance
January 22, 2007
Page 8 of 13
.
Saturday Peak Hour
Four intersections would see increased traffic volumes that could exceed City level of service
standards:
S 316 St & Pacific Hwy S
S 320 St & Pacific Hwy S
S320St&20AvS
S 320'St & 23 Av S
Mitigation for these conditions, in addition to the currently programmed TIP projects, would take
the form of the following projects:
S 316 St & Pacific Hwy S - eastbound right turn lane (TSM 12)
S 320 St & Pacific Hwy S - northbound right turn lane
S 320 St & 20 Av S - southbound and northbound right turns lanes (TSM 2)
Two options for this project were considered: 1) one option deviates from City standard
by placing the sidewalk behind the proposed new retail pad to be constructed at the comer
of320 St and 20 Av at a cost of$1,550,000; 2) while another option places the sidewalk
per the City standard, requiring removal of this new building at an estimated cost of
. $4,199,000.
S 320 St & 23 A v S -- add second northbound right turn lane (TSM 3)
.
It should be noted that mitigation for Saturday impacts has typically not been sought by the City
of .federal Way (with some rare exceptions). Pursuit of such mitigation would entail a policy
shift from standard practice. However, in the'summary of mitigation costs, presented below,
Saturday mitigation costs will also be offered for consideration.
Traffic Impact Mitigation Scenarios
Off-Site Improvements
PM Peak Hour
As mentioned previously, all the currently programmed TIP projects were assumed to be
completed during the Planned Action time horizon. Only one additional mitigation project (2nd
northbound left-turn lane at S 312 St and Pacific Hwy S - CIP 01-05) would be required to
mitigate the PM Peak Hour traffic impacts. For this reason, one way of effecting mitigation is to
require that individual development projects contribute on a pro-rata basis to these transportation
projects.
.
.
Memo to LUTe
Planned Action Ordinance
January 22, 2007
Page 9 of 13
Four scenarios are presented here:
. Scenario 1: All costs of TIP projects and CIP 01-05. This results in an assessment of $2,827.00
per PM Peak Hour trip (using the Alternative 1 traffic impacts).
Scenario 2: All costs of TIP projects and CIP 01-05 MINUS funds secured and awarded by
grants. This results in an assessment of$2,325.00 per PM Peak Hour trip.
Scenario 3: A City Council-selected assessment per PM Peak Hour trip.
Scenario 4: No mitigation assessment.
In order to understand how the two monetary mitigation assessments would impact development
projects, and a comparison with near-by cities, see the following tabl~:
Pro'ect FW Scenario 1 FW Scenario 2 Des Moines Auburn Renton"
. 50,000 SF
Shopping
Center $ 180,221.25 $148,218.75 $ 150,035.63 $244,500 .00 $ 54,748.50
. 200"unit Condo $ 294,008.00 $241,800.00 $ 244,764.00 $407,262 .00 $ 87,900.00
50,000 SF
Office $ 210,611.50 $173,212.50 $ 175,335.75 $303,500 .00 $ 41 ,287.50
.
*It should be noted that Renton has stated that its traffic impact mitigation fees are outdated, and
the City intends to revise these fees in 2007.
Other near-by cities that do not necessarily use mitigation fees (e.g., Kent and such large cities as
Tacoma and Seattle) require individual proj ect proponents to engage their own transportation
consultants to produce often lengthy and expensive Transportation Impact Assessments (if not
EIS's), with project-specific mitigation unknown until the conclusion of such studies and the
consequent decision-making by city staff. As a result, developers often have no idea what level
of mitigation may be required of them until after considerable expenditure and many months'
wait.
. Saturday Peak Hour
As mentioned previously, four mitigation projects have been identified to mitigateSaturday Peak
Hour impacts ifmitigation is chosen to be applied to Saturday impacts.
Three basic scenarios can be considered for mitigating Saturday Peak Hour impacts:
Scenario 1: Require developers to pay the full costs of four required mitigation projects as they
are not currently programmed in the City's TIP. Total costs for all projects range from
Memo to LUTe
Planned Action Ordinance
January 22, 2007
Page 10 of 13
.
$6,465,000 to $8,385,000, depending on the specific alignment of the S 320 St & 20 A v S
project. Any particular development's mitigation burden caIIDot be determined at this time, since
partial o(total project construction may be required for any of the four projects, depending on the
size, location and timing of a development project.
Scenario 2: Assess developers for only the pro-rata share ofthe cost of these four mitigation
projects, based on a project's specific impacts. This scenario requires that the City bear the cost
offunding the majority of the costs associated with these projects. Per-trip rates would range
from $253 to $306, depending on the specific alignment of the S 320 St & 20 A v S project.
Scenario 3: Exempt Saturday traffic mitigation, as is the more common practice.
AM Peak Hour
No mitigation is warranted or required.
Other Mitigation Measures
As detailed in Appendix A, individual development projects will be reviewed during the
permitting process and other mitigation measures, aimed at addressing transportation impacts
and/or providing needed infrastmcture, will be considered. Many ofthese measures are already
required by City code provisions, such as frontage improvements, grid roadway contributions, .
transportation-demand measures, etc. These mitigation measures fall into the following
categories:
.
· On-site Improvements
· Non-Motorized Mode Improvements
. Grid Roadway Development
· Right-of-Way Dedication
. Transportation Demand Management
· Neighborhood Traffic Control
. Parking
PLANNED ACTION ORDINANCE
Attached you will find a draft of the Ordinance adopting the SEP A Planned Action and
establishing the qualifications and review procedures for projects within the Planned Action area
that would be able to benefit from the Planned Action EIS and streamlined project-review
provisions. RCW 43.21 C.031 and WAC 197-11-164, 168 and 172 provide the statutory
framework for applying and adopting Planned Action Ordinances, and the draft Ordinance
follows each of those provisions' requirements. Below is a summary of the Ordinance's chief
.
.
.
.
Memo to LUTe
Planned Action Ordinance
January 22, 2007
Page 11 of 13
prov'Islons: .
Section 1: This Section states the purpose for the Ordinance, being chiefly to streamline and
expedite land use permit review processes forprojects that fulfill Comprehensive Plan objectives
within designated Urban Centers, pursuant to the Growth Management Act.
Section 2. This Section provides the City's findings of: fact regarding the legal and policy
framework for pursuing'a Planned Action Ordinance, the adoption of the EIS and a statement
. that it has adequately identified and addressed the probable, significant, adverse impacts and
provided corresponding mitigation measures.
Section 3. This Section provides the procedures and criteria for evaluating and determining
which projects will qualify as Planned Actions. Chief among the qualifications are:
. The project is located in the Planned Action area;
. The project's impacts were addressed in the EIS;
. The project fits within the overall Development Envelope contemplated by the Planned
Action;
. One-story buildings of less than 16,000 square feet and re-use of existing one-story
buildings of any size will not qualify as Planned Actions;
II The project would create no impacts in excess ofthose contemplated for each element of
. the environment analyzed in the EIS; and
. The project fits within the anticipated time horizon of the EIS as adopted or amended;
This Section also provides the review criteria that spell out how the City staff will determine
compliance with SEP A regu)ations. Essentially, if a project is found to comply with the Planned
Action criteria, it will be deemed as having already fulfilled SEP A compliance, and no additional
SEP A analysis or decision-making will be required. This means that project applicants will
essentially be unburdened from both the expense and process of SEP A environmental analysis,
the unpredictability of potential mitigation measures, and the risk of SEP A appeals.
This Section also clarifies that all other permit processes required for a particular project will
continue to be applicable in substance and procedure. Mitigation measures associated with those
permit processes (design review, or other code-mandated mitigation) will continue to be
applicable. . If a project does not qualify as a Planned Action, it may still benefit from the
environmental analysis in the Planned Action EIS through incorporation or adoption.
Section 4 requires that periodic monitoring be performed of the Planned Action projects, EIS and
need for Ordinance amendment.
Section 5 stipulates that in the event of conflicts with other regulations, this Ordinance shall
prevail. .
Memo to LUTe
Planned Action Ordinance
January 22,2007
Page 12 of 13
.
Sections 6 and 7 are severability and effective date, respectively...
Attached to the Ordinance are the Planned Action Area map and the "Mitigation Document,"
referred to in the Ordinance at Section 3.E. The "Mitigation Document" contains those
mitigation measures identified in the EIS for each element of the environment and summarized in
. this report. Mitigation measures identified in the "Mitigation Document" will have been
'. incorporated into Planned Action projects in order to qualify for Planned Action status. No
additional SEP A mitigation measures will be applicable.
DECISION OPTIONS
. The following is a summary of the decision points for City Counc.il consideration:
1. Adopt the Planned Action Ordinance with the following subordinate decisions:
a. PM Peak Hour Mitigation
I. Accelerate the S 312 St & Pacific Hwy S improvement project (eIP 01-
05) to the next-year TIP, as identified in the EIS. Yes or No.
.
II. Developers cumulatively pay all costs associated with all TIP projects and
CIP project 01-05 identified in the EIS, using a pro-rata, per-trip monetary
contribution based on a calculation of each project's incremental
contribution to the traffic volumes. Yes or No.
1. Pro-rata per-trip contribution is based on full projected cost of all
TIP projects and CIP project 01-05, estimated to be $2,827.00/PM
Peak Hour trip.
2. Pro-rata per-trip contribution is based on full projected cost of all
TIP projects and CIP project 01-05, MINUS secured and awarded
grant funding, estimated to be $2,325.00/PM Peak Hour trip.
3. Pro-rata per-trip contribution is $_/PM Peak Hour trip.
b. Saturday Peak Hour Mitigation
I. Developers cumulatively pay all costs associated with the four
transportation improvements projects identified in the EIS as potential
mitigation for Saturday Peak Hour mitigation. Yes or No.
1. S 320 St & 20 A v S project is designed with sidewalk to meander
onto Commons site behind future commercial pa~ - estimated
.
.
.
.
Memo to LUTe
Planned Action Ordinance
January 22,2007
Page 13 of 13
cost: $2,279,000, or
2. S 320 St & 20 Av S project is designed with standard City cross-
section (requiring removal of proposed building) -estimated cost:
$4,199,000.
11. Developers pay pro~rata, per-trip monetary contribution towards these four
mitigation projects; based on a calculation of each project's incremental
contribution to the traffic volumes. Yes or No.
1. Pro-rata per-trip contribution is based on alternative design of S
320 St & 20 Av S improvement project, resulting in per-trip fee of
$253.00/Saturday Peak Hour trip.
2. Pro-rata per-trip contribution is based 0n standard design of S 320
St & 20 Av S improvement project, resulting in per-trip fee of
$306.00/SaturdayPeak Hour trip.
Ill. Projects are exempt from mitigation of Saturday traffic impacts. Yes or
No.
2.
Do not adopt the Planned Action Ordinance.
STAFF RECOMMENDATION
Staff recommends approval of the following options from the afore-mentioned "Decision
Options" framework:
Option 1 - Adopt Planned Action Ordinance, with the following subordinate decisions:
. a(i) - Accelerate the S 312 St & Pac Hwy S improvement project (CIP 01-05) to the next-
year TIP.
. a(ii)( 1) - Pro-rata per-trip contribution is based on full projected cost of all TIP projects
and CIP project 01-05, estimated to be $2,827.00/PM Peak Hour trip.
. b(iii) - Projects are exempt from mitigation of Saturday traffic impacts.
APPENDIX A
.
TRANSPORTATION IMPACTS AND MITIGATION
BACKGROUND
a. All city wide arterials serve the area of the planned action as well as 1-5.
The plarmed action evaluationw:as not.site specific and evaluated land use
assumptions for the three super blQck area. as shown. in the EIS. The Planned
Action Ordinance and/or Resolution .shall address provisions for individual
pennit applications and specific analysis for access requirements required at the
time of application. The roadway networks are shown in the EIS.
b. Transitservices for existing conditions are shown In the EIS1. As part of the
Planned Action Ordinance there shall be provisions for individual pennit
applications to identify needs for promotion of the use of transit services.
c.
Parking for existing conditions and proposed conditions are discussed within
the EIS. Eliminated spaces are not projected as part of the Planned Action.
Specific parking impacts are unknown until a development proposal is
submitted. The Planned Action Ordinance and/or Resolution shall address
provisions for evaluation of parking and parking requirements for individual
pennits.
.
Existing Parking Supply by Block 2004
r ~ It ~'o'l
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[.;..,;~2__~-=~===~1@.~L2'~~,==~====~=~=]I!L_..~.::~-'~<~~:.~_.~:;=-~-;][["~ani=-l=="~~~=...__.=~=-=-.:J
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Existing Parking Requirements 2004
-r ~~ ~'I" [~ Ir~~ll ~~ I
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E!~~2=~_.._]~11~1__::'::~::~'..Jr=-.~.:...I~!iE.,!i)QrTh=~.:-=Jf;~__~::~~72[Q'i~9ID~.::=:::~I=;~C~~~-~=~~~Q;:it~!I~=====J
~~1~121~.lJ~2:
[~.~=::::!1~m:~~-~:_.~.~~..]E01E=~~~...~~~~:~~-:'~;:-:==]IT"~:::==:='=.'...-,--:,~~=:"j_~~C~JE'~':;__:_~,J~ID!~;!J~==J
Parking Required for Alternatives in 2014:
liP k"mfiIf.(~~ 1~ .f.:."~~~~.', 'l~f':'''((;)~if:mTC:l'\ll
r;::r=~~ij:e]~~!Th~~:=~J ri''.=~-~-::~]''11l:tiql~t~1~}EL.~:~:]e111m~:~f~i[]
.
.
.
.
Appendix A to Memo to LUTe 1/22/07
Page 2 of24
d.
Pursuant to FWCC Section 22-1473, PlalU1ed Action projects would not meet the
exception criteria for required new streets, frontage improvements, and city center
grid road requirements. Therefore, requirements ofFWCC Chapter 22 Article
XVI would apply to individual permits at the time of application to be covered
under the Planned Action Ordinance and/or Resolution.
e.
The Planned Action does not occur within the vicinity of existing water, rail, or
air transportation.
f.
The Planned Land Use Action vehicular trips are analyz~d with respect to Public
Works Department Development Stanqardsand other department policies, the
City of Federal Way Codes, adopted Comprehensive flan policies, and mitigation
. measures recommended in the EIS and by the Public Works staff. The EIS
analyzes traffic conditions during the peak hours of weekday morning, weekday
evening, and Saturday peak hours for year of2009 for three alternative land use
assumptions. The Planned.Action horizon year for total build-out ofthe land use
assumptions is forecasted to be 2014. Additiona1'trips from the 2009 to 2014
projected land use development are forecasted for the 'three alternative land use
assumptions for the peak hours of weekday morning, weekday evening, and
Saturday peak hours, but not analyzed at the intersection-.specific level.
It is difficult to predict accurately the amount of land use development that will be
complete by 2014; therefore, staff will complete a reality check of the actual land
use development against the 2009 EIS projections each year following 2009, with
the 6-year TIP analysis to address/target any future impacts for increased vehicle
trips.
In addition, at the discretion of the Public Works Department Director,
supplementary environmental analysis may be necessary to quantify further the
traffic impacts out to the 2014 horizon year, to fine-tune applicable mitigation,
and/or to establish new pro-rata per-trip mitigation fees.
All major intersections impacted by more than 10 evening peak hour trips, or 100
trips during any other peak hour, were preliminarily analyzed. in a tiered approach.
Intersection locations close to failure in 2009 and impacted by increased trips
from the plaimed action were selected as study intersections and further analyzed
for significant or adverse impacts. The measurements of vehicle trips for the three
peak periods analyzed are as follows:
Summary of Peak Hour Trip Generation for Federal Way City Center 2004-2009)
, II ·
~~ ~~ ~~~
~ ~ iill.liiJ . ~~
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~~
~
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2
Appendix A to Memo to LUTe 1/22/07
Page 3 of 24
Forecasted trips not analyzed at the intersection level are projected and expected
at full build-out as follows:
.
Summary of Trip Generation for Federal Way City Center (2010-2014)
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The EIS identified several intersections failing the City's .adopted level of service
standard, FWCP Policy TP16 in the year 2009 as shown in the following table.
The analysis anticipated that all adopted 6-year Transportation Improvement
Projects (TIP) are in place.
The following pages describe each alternative, describe.each intersection location,
and analyze the EIS's recommended mitigation:
.
3
.
.
.
.
Appendix A to Memo to LUTe 1/22/07
Page 4 of 24
ALTERNATIVE 3 - NO "PLANNED ACTION"
Traffic Operations 2009
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4
Appendix A to Memo to LUTe ]/22/07
Page 5 of 24
2009 PM Peak Hour
Proposed Mitigation over the current TIP
Alternative 3 (No Planned Action)
.
I ~ II~ IDD"~
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Mitigated
Conditions
ID (#1) S 272nd St & Pacific Hwy S
This intersection would fail the adopted City of Federal Way LOS standards in
2009 under the City's Comprehensive Plan. This intersection is under the
jurisdiction ofthe City of Kent. The City of Kent applies the State's standard to
designations of Highways of Statewide Significance (HSS) and exempts this
intersection from concurrency standards. SR99 is designated as a HSS. No
mitigation is proposed for this intersection.
.
ID (#2) S 272nd St & 1-5 Southbound Ramp
This intersection would fail the adopted City of Federal Way LOS standards in
2009 under the City's Comprehensive Plan. This intersection is under the
jurisdiction of the City of Kent. The City of Kent applies the State's standard to
designations ofHSS and National Highways of Significance (NHS) and exempts
this intersection from concurrency standards. The 1-5 ramp is designated as a HSS
and NHS. No mitigation is proposed for this intersection.
ID (#4) S 272nd St & Military Rd S
This intersection would fail the adopted City of Federal Way LOS standards in
2009 under the City's Comprehensive Plan as targeted in the City Center Planned
Action. This intersection is under the jurisdiction of King County. King County
requires mitigation of intersections that receive thirty trips in an hour, twenty
percent of the proposed new trips, and exceeds LOS F. Less than two percent of
the proposed project trips access the King County intersection. No mitigation is
proposed for this intersection.
5
..
.
.
.
Appendix A to Memo to LUTe 1/22/07
Page 6 of 24
ID (#8) S 312111 St & Pacific Hwy S
This intersection would fail the adopted City of Federal Way LOS standards in
2009 under the Cit'y's Comprehensive Plan. The EIS identifies the need for the
transportation improvement project adopted in the 20-year Capitallmprovement
Plan (CIP).
Mitigation options in summary for Council Selection
.
Option 1: Accelerate the programming of this project to the 2007
- 2013 6-year TIP where prorata share applications would apply to
help fund the project.
.
Option 2: Exempt the intersection from concurrency and LOS
standards as the intersection is on the State designated HSS of
SR99. No mitigation or improvements would be required.
ID (#21) S 3361h St & Pacific Hwy S
This intersection would fail the adopted City of Federal Way LOS
standards in 2009 under the City's Comprehensive Plan. The signal
timing was optimized in the analyses bringing the intersection under the
thresholds. of exceeding the City LOS standards. No mitigation is
proposed for this intersection.
2009 AM Peak Hour
Proposed Mitigation over the current TIP
Alternative 3 (No Planned Action)
GJL... 1E1"~
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ID (#3) S 272nd St & 1-5 Northbound Ramp
This intersection fails the City of Federal Way LOS standards in 2009 if LOS
thresholds are applied to the AM peak hour. The City policy has been to correct
intersection deficiencies that present an adverse and significant impact from
increased trips by development. This intersection is also under the jurisdiction of
the City of Kent. The City of Kent applies the State's standard to designations of
6
Appendix A to Memo to LUTe 1/22/07
Page 7 of 24
HSS and NHS and exempts this intersection fi'om concurrency standards. The 1-5
ramp is designated as a HSS and NHS. No mitigation is proposed for this
intersection.
.
ID (#4) S 272nd St & Military Road S
This intersection fails the City of Federal Way LOS standards in 2009 if LOS
thresholds are applied to the AM peak hour The City policy has been to correct
intersection deficiencies that present an adverse and significant impact from
increased trips by development. This intersection is under the jurisdiction of King
County. King County requires mitigation of intersections that receive thirty trips
in an hour, twenty percent ofthe.proposed new trips, and exceeds LOS F. Less
than two percent of the proposed project trips access the King County
intersection. No mitigation is proposed for this intersection.
2009 Saturday Peak Hour
Proposed Mitigation over the current TIP
Alt~rnative 3 (No Planned Action)
GJ~ I=L-- I
~~"""'-""'-""""'''''--''---''''''''''''~-'''''''"'"'r~~~ ~~"",-~ ---.- ~--.!----,.............- ~'~.------.
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~: '::;' .~:'.1'4, ~~. "', 11.:~,3~Q;',~t & 20 A~' S :'.' . '. '. '"<' ,:: 11 . o. ':V 'o.~!?' ;f'n~rtt.~~QQn~'figtij 'turri . J
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~;::L.~:~_~.'..::_;...~~j t_L~:~~_~~._:~:2..~=':~ ..c.:.:.__c_ '.,:_:.:__~___~.~~~.~ 6.._:..~c~J [.._~:.:~._1 [rig~.!JJ,!fQ...L~fl,~;:JTgM.]lL,
.
ID (#14) S 320th St & 20th Av S
This intersection fails the City of Federal Way LOS standards in 2009 if LOS
thresholds are applied to the Saturday peak hour.
This alternative proj ects 154 trips to this intersection. The EIS offers as potential
mitigation new southbound and northbound right turn lanes for the Saturday Peak
Hour only. This improvement project was also identified as a need in the PM peak
hour in the year 2030 as part of the City Center Access Study.
Mitigatioll optiolls ill summary for Council Selection
Mitigation options are presented in the EIS, with additional options added below
by staff.
7
.
.
.
.
Appendix A to Memo to LUTe 1/22/07
Page 8 of 24
II
Option 1: Because of the impacts to the new retail pads at the
Commons at Federal Way site, a deviation from the City standard
road cross-section is suggested that would relocate the sidewalk to
meander onto the Commons site with the acquisition of a separate
easement. The sidewalk would not front the roadway of 20th Ave
S, therefore avoiding a right-of-way acquisition impact to the new
businesses currently scheduled for construction in 2007. This
option would add both a southbOlmd and northbound right turn
lanes. Total cost of the improvement is estimated to be $1,550,000.
II
Option 2: This option would use the City standard full roadway
cross-section and would impact a new building structure scheduled
for construction in 2007. This option involves the construction of
the northbound and southbound right turn lanes and purchases the
new business on the south west comer of the intersection. Total
cost of this improvement is estimated to be $4,199,000.
NOTE: Typically pro rata share calculations have not applied to a
Saturday peak hour triggered project. Mitigation of Saturday impacts
through either option would create a policy implementation change for
a Saturday-developed TIP. A per trip cost is calculated for both cost
scenarios above in the Mitigation Summary.
II
Option 3: Conversely, the City Council could choose to forego
applying mitigation for Saturday peak hour impacts and defer
evaluation of this improvement need to coincide with the related
PM peak hour impacts that would trigger similar mitigation.
ID (#15) S 320th St & 23th Av S
This intersection fails the City of Federal Way LOS standards in 2009 if the LOS
standard is applied to the Saturday peak hour.
162 trips are projected for this intersection. The mitigation offered in the EIS
would add a second northbound right-turn lane. To provide this would require
acquisition at the southeast comer of the intersection and reconstruction of a large
retaining wall. This improvement project was also identified as a need in the PM
peak hour in the year 2030 as part of the City Center Access Study.
Mitigatioll optiolls ill summary for COUllcil Selection
Mitigation options are presented in the EIS, with additional options added below
by staff
8
Appendix A to Memo to LUTe 1/22/07
Page 9 of24
.
Option 1: The cost to construct the proposed mitigation is
estimated at $1,003,000. This option proposed to construct the
second northbound right tum lane.
.
NOTE: Typically prorata share calculations have not applied to a
Saturday peak hour triggered project. Mitigation of Saturday impacts
through either option would create a policy implementation change for
a Saturday-developed TIP. A per trip cost is calculated for both cost
scenarios above in the Mitigation Summary.
El
Option 2: Conversely, the City Council could choose to forego
applying mitigation for Saturday peak hour impacts and defer
~valuation of this improvement need to coincide with the related
PM peak hour impacts that would trigger similar mitigation.
PLANNED ACTION AL TERNA TIVES
Alternative 1 is shown because of higher vehicular trips rates. Alternative 2 had
similar outcomes in the analysis. In order not to be duplicated, Alternative 1 is
presented.
2009 Alternative 1
Intersection Operations
.
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9
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Appendix A to Memo to LUTe 1/22/07
Page 10 of24
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?L).&,:...~~d:??~LA:~MJi~11.L,~A,:Bl'iYYf:9J.:....J f.;i:;~t~~.;j ~;" . " ...w:l
2009 PM Peak Hour
Proposed Mitigation over current TIP
I~I
~
i
~DI
..~ 11!Dj"~~ ,\
~:::.;r~]~~I~a0ifl9.Ji!.w~g~.:~.~~..::~,jr2~:"J~l;I~~J~f9]lili:lf!9JtiiQ"pig~.osfi9...:~2~~~:=:;J
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:;;~~~Jr~~i~~~7E~ii:~~~S~~]r, b~~il~l!~,~:~:~~,~~' ~ ...{Q'f;~.~~]
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ID (#1) S272nd St & Pacific Hwy S
This intersection would fail the adopted City of Federal Way LOS standards in
2009 under Alternative 1, as it failed with Alternative 3. This intersection is
under the jurisdiction ofthe City of Kent. The City of Kent applies the State's
standard to Highways of Statewide Significance (HSS) and exempts this
intersection from concurrency standards. SR99 is designated as a HSS. No
mitigation is proposed for this intersection.
nd .
ID (#2) S 272 St & 1-5 Southbound Ramp
This intersection would fail the adopted City of Federal Way LOS standards in
2009 under Alternative 1, as it failed with Alternative 3. This intersection is
under the jurisdiction ofthe City of Kent. The City of Kent applies the State's
standard to designations ofHSS and National Highways of Significance (NHS)
and exempts this intersection from concurrency standards. The 1-5 ramp is
10
Appendi,; A to Memo to LUTe 1/22/07
Page 11 of24
designated as a HSS and NHS. No mitigation is proposed for this intersection.
Therefore, no mitigation is required.
.
ID (#4) S 272"'! St & Military Rd S
This intersection would fail the adopted City of Federal Way LOS standards in
2009 under Alternative 1, as it failed with Alternative 3 (Existing Comprehensive
Plan land use for City Center) as targeted in the City Center Planned Action. This
intersection is under the jurisdiction ofK.ing County. King County requires
mitigation of intersections that receive thirty trips in an hour, twenty percent of
the proposed new trips, and exceeds LOS F. Less than two percent of the
proposed project trips access the King County intersection. No mitigation is
proposed for this intersection.
ID (#8) S 312th St & Pacific Hwy S
This intersection would fail the adopted City of Federal Way LOS standards in
2009 under Alternative I, as it failed with Alternative 3. The EIS identifies the
,need for the improvement project adopted in the 20-year Capital Improvement
Plan (CIP).
Mitigation options in summary for Council Selection
· Option 1: Accelerate the programming 0 f this project to the 2007 -
2013 6-year TIP where prorata share applications would apply to
help fund the project.
.
· Option 2: Exempt the intersection from concurrency and LOS
standards as the intersection is on the State designated HSS of
SR99. No mitigation or improvements would be required.
ID (#21) S 336th St & Pacific Hwy S
This intersection would fail the adopted City of Federal Way LOS
standards in 2009 under Alternative 2 and failed with Alternative 3. The
signal timing was optimized in the analysis bringing the intersection under
the thresholds of exceeding the City LOS standards. No mitigation is
proposed for this intersection.
2009 AM Peak Hour
Proposed Mitigation over current TIP
GJ~ 15!!l1~.
r;;;~'.~~] L~EgL4g"L~OItginQtt~'iLr:i~=~gmp~] GI~r~JrxQ:~nl_~~:irilfi9fl.!l~ii".R~~p:Q~~,~r=='=
I
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11
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Appendix A to Memo to LUTe 1/22/07
Page 12 of 24
C-;.40'~;':~[~~?~~~I~\M1H~[wl~~1~~~I:::::~::~][1[!Y;'j~;]hfQn[~i~2~iflg~~QQ}RrQp':~~~:~==':~:~.==~Ii3:::j
ID (#3) S 272nd St & 1-5 Northbound Ramp
this intersection fails the City of Federal Way LOS. standards in 2009 if LOS
thresholds are applied to the AM peak hour. Additionally, this intersection also
failed under Alternative 3. This intersection is also under the jurisdiction of the
City of Kent. The City of Kent applies the State's standard to designations ofHSS
and NHS and exempts this intersectjon from concurrency standards. The 1-5 ramp
is designated as a HSS and NHS. No mitigation is proposed for this intersection.
ID (#4) S 272nd St & Military Road S
This intersection fails the City of Federal Way LOS standards in 2009 if LOS
thresholds are applied to the AM peak hour. Additionally, this intersection also
failed under Alternative 3. This intersection is under the jurisdiction of King
County. King County requires mitigation of intersections that receive thirty trips
in an hour, twenty percent of the proposed new trips, and exceeds LOS F. Less
than two percent of the proposed project trips. access the King County
intersection. No mitigation is proposed for this intersection.
2009 Saturday Peak Hour.
Proposed Mitigation over current TIP
Dr II~P.~'I
~11il(~~i~!('lI" 11!.!D"lhII.jl'l'L::riWffi~"lIN.{:}iG'(~ I
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J&~~_~.~.:-_d:.:..:~.,;_L.~_~~;:.~.::.~:::.~i____~:.:~..iJ L:,':.~~~,.:.i "[: . ~~~.=~.~::..c:~_=::.:::':_~~~~~_..'._.,:_--...::._;~:~:~.J
n~;]t?~'3a~;"~'231;).$::. '. ' ,;..7 ,~~:1f:'~~s:'1 ~~~J~~tA:at!Y,~, .~~'. jqo. ("E~r:t:j~311~t!J,~(Cl
it~_....:.j !t.:~.c":_~.._.c....:;~'_:~.:~;~..~;,':.~'.,."" ~..,._":__c.~.i._.. ":.J ~~;,,_.;:,".'j t.:.:,"':;:J L~~StQ,9J:!.t:li1r!.g.D..L. r-!ll~n~..'...~,_~---,.::_--,:".~--~-,
ID (#10) S 316th St & Pacific Hwy S
This intersection fails the City of Federal Way LOS standards in 2009 if LOS
thresholds are applied to the Saturday peak hour.
Alternative 1 projects 771 trips to this intersection. The analysis offers for
consideration a new eastbound right turn lane to mitigate the Saturday Peak Hour
impacts only. This improvement project was also identified as a need in the PM
peak hour in the year 2030 as part ofthe City Center Access Study.
12
Appendix A to Memo to LUTe 1/22/07
Page 13 of24
Mitigation options in summary for Council Selection
.
Mitigation is presented in the EIS, with an additional option added below by staff.
.
Option 1: This option proposes to construct the eastbound right
turn lane. The cost to construct the proposed mitigation is
estimated at $717,000.
NOTE: Typically pronita share calculations have not applied to a
Saturday peak hour triggered project. Mitigation of Saturday impacts
through either option would create a policy implementation change for
a Saturday-developed TIP. A per trip cost is calculated for both cost
scenarios above in the Mitigation Summary.
· Option 2: . This option would exempt the LOS standard for
Saturday peak hour and defer evaluation of an improvement need
to coincide with the PM peak hour.
ID (#13) S 320th St & Pacific Hwy S
This intersection fails the City of Federal Way LOS standards in 2009 if LOS
thresholds are applied to the Saturday peak hour.
.
Alternative 1 projects trips 1246 to this intersection. The analysis offers for
consideration a new northbound right turn lane for the Saturday Peak Hour only.
Mitigation is presented in the EIS, with an additional option added below by staff.
. Mitigation options ill summary for Council Selection
Mitigation is recommended in the EIS, with an additional option added below by
staff.
· Option 1: This option proposes to construct the northbound
right turn lane. The cost to construct the proposed mitigation is
estimated at $729,000.
NOTE: Typically prorata share calculations have not applied to a
Saturday peak hour triggered project. Mitigation of Saturday impacts
through either option would create a policy implementation change for
a Saturday-developed TIP. A per trip cost is calculated for both cost
scenarios above in the Mitigation Summary.
13
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Appendix A to Memo to LUTe 1/22/07
Page 14 of24
II Option 2: This option would not apply mitigation for the
Saturday peak hour impacts and defer evaluation of an
improvement need to coincide with the PM peak hour.
ID (#14) S 320th St & 20th Av S .
This intersection fails the City of Federal Way LOS standards in 2009 if LOS
thresholds are applied to the Saturday peak hour. This intersection fails for
. Alternative 1 and also failed in Alternative 3. .
Alternative I projects 513 trips to this intersection. The' analysis offers for
. .consideration new southbound and northbound right tum lanes for the Saturday
Peak Hour only. This improvement project was also identified as a need in the
PM peak hour in the year 2030 as part of the City Center Access Study.
, Mitigatioll optiolls ill summaryfor Council Selection .
Mitigation is presented in the EIS, with additional options added below by staff
II Option J: Because of the impacts to the new retail pads at the
Commons site, a deviation to the city standard road cross-
section is suggested to relocate the sidewalk to meander onto
the Commons site with the acquisition of an easement. The
sidewalk would not front the roadway of20lh Ave S, therefore
avoiding a right-of-way impact to the new businesses currently
scheduled for construction in 2007. This option would add both
a south bound and north bound right turn lanes. Total cost of
the improvement is estimated to be $1,550,000.
II Option 2: This option suggests theuse of the City standard full
roadway cross-section and would impact a new building
structure scheduled for construction in 2007. The option
proposes the construction ofthe northbound and southbound
right turn lanes and purchases the new business on the south
west comer of the intersection. Total cost of this improvement
is estimated to be $4,199,000.
NOTE: Typically prorata share calculations have not applied to a
Saturday peak hour triggered project. Mitigation of Saturday impacts
through either option would create a policy implementation change for
a Saturday-developed TIP. A per trip cost is calculated for both cost
scenarios above in the Mitigation Summary.
14
Appendix A to Memo to LUTe 1/22/07
Page 15 0[24
· Option 3: This option would exempt the LOS standard for
Saturday peak hour and defer evaluation of an improvement need
to coincide with the PM peak hour.
.
ID (#15) S 320lh St & 231h Av S
This intersection fails the City of Federal Way LOS standard hour in 2009 if the
LOS standard is applied to the Saturday peak hour. This:intersection fails for
Alternative 1 as well as for Alternative 3, but it fails with'an additional
operational component. Alternative 3 recommends a second northbound right turn
lane while Alternative 1 requires also a westbound right turn lane.
Alternative 1 projects 724 trips to this intersection. The mitigation presented in
the EIS would add both turn lanes.' .
Mitigatioll optiolls ill summary for COUllcil Selection
Mitigation is presented in the EIS, with additional options added below by staff
.
Option J: The cost to construct the westbound right turn lane
proposed as mitigation is estimated at $1,737,00. This
mitigation impacts the existing McDonald's parking lot and
circulation for the drive in window. The cost to construct the
second northbound right tUrn lane is $1,003,000. This option
proposes to construct both turn lanes. .
.
NOTE: Typically prorata share calculations have not applied to a
Saturday peak hour triggered project. Mitigation of Saturday impacts
through either option would create a policy implementation change for
a Saturday-developed TIP. A per trip cost is calculated for both cost
scenarios above in the Mitigation Summary.
· Option 2: This option would not apply mitigation for Saturday
peak hour and defer evaluation of an improvement need to
coincide with the PM peak hour.
g. Mitigation Summary. Mitigation measures/options are discussed and
recommended within the EIS and by staff, that cover the following:
Off-site Improvements
On-site Improvements
Non Motorized mode improvements
Grid Roadway Development
Right-of-way Dedication
Transportation Demand Management
Neighborhood Traffic Control
Parking
15
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Appendix A to Memo to LUTe 1/22/07
Page 16 of24
OFF-SITE IMPROVEMENTS
AM Peak hour - No options are presented as no mitigation is required.
PM Peak hour - The 6-year TIP was assumed to be completed in the EIS analysis for
new traffic impacts. Staff completed estimates for impacts to the 6-year TIP for the PM
peak hour. An existing project on the long range CIP, yet not within the TIP, was
. identified as a need and is recommended to be added and adopted in the next year TIP. .
This S 31 ih St project is added to the calculations for a pro rata: 'share mitigation. Pro-
rata contribution is the number of project-generated trips divided by the total peak hour
traffic with the project multiplied by the estimated cost cifthe TIP project. Cost share
estimates were completed for two scenarios ( cost estimates) and are as calculated as
follows:
Scenario 1: Cost Estimate of the current TIP projects.
Scenario 2: Cost Estimate of the current TIP projects minus secured grants.
Alternative 1 2009 traffic volumes were used for the pro-rata share calculations. 2014
estimates and analyses will be completed at the expenditure of the Alternative 1 (2727
. pm peak hour) trips forecasted to be generated by development projects.
16
Appendix A to Memo to LUTe 1/22/07
Page 17 of 24
NO. PROJECT . SCENARIO 1 COST EST. SCENARIO 2 COST EST.
1a City Cenler Access Phase 2 $ 27G,866.14 $ 270,866.14
1b Cily Cenler Access Phase 3 $ 220.562.43 $ 220,562.43
1c Cily Cenler Access Phase 4 $ 913,205.85 $ 913,205.85
2 5R 99 HOV Lanes Phase 3: 5 2841h 51 - 5R 509 $ 929.228.78 $ 519,586.52
3 5 3481h 51: 91h Ave 5 - 5R 99 $ 23,699.62 S 23,699.62
4 5 320lh 51 @ 1s1 Ave 5 $ 412,617.73 $ 412,617.73
5 5R 99 @ 5 3561h 5t $ 95,258.52 $ 95,258.52
6 S 320lh 51: 81h Ave 5 - SR 99 $ 735,026.22 $ 735,026.22
7 S 3481h 51 @ 1s1 Ave 5 $ 30,123.97 $ 30,1.23.97
8 10th Ave SW I SW 3441h SI: SW Campus Dr - 2151 Ave 5W $ 343,318.18 $ 343,318.18.
9 1s1 Ave S @ S 328th 51 $ 16,725.66 $ 16,725.66
10 5 3201h' 51 @ 20th Ave 5 $ 134.601.12 $ 134,60U2
,11 21sl1We 5W I SW 3571h 51: SW 3561h SI - 22nd Ave SW $ 10',330.95 $ .5,858:68
12 SR99 HOV Lanes Phase 4: SR 509 - 83121h 51 ,$ 1,742,554.64 $ 788,847.30
13 SR 18 @ SR 161 $ 36,256.17 $ 3'6,?56.17
14 SW 3121h SI @ SR 509 $ . 28,038.54 S 28.038.54
--
15 S 3561h SI: SR 99 - SR 161 $ 38,796.68 $ 38.796.68 .
16 S 3041h 51 @ 281h Ave S . . $ 26,011.14 $ 26,011:14
17 S 352nd SI: SR 99 - SR 161 $ - $ -
18 5W 320lh 51 @ 2151 Ave SW $ 96,174.19 $ 96,174.19
19 S 320th SI: 151 Ave 5 - 8th Ave 5 $ 767,559.22 $ 767,559.22
20 Mililary Rd 5: 5 Slar Lake Rd - 5 2881h 51 .. $ 55,653.40 $ 55,653.40
21 5W 320th 51@411hAveSW $ 11,153.85 $ 11,1.53.85
22 5 3121h SI@ 281h Ave 5 $ 12,930.78 S .12,930.78
23 5W 3361h Wy I SW 340lh SI: 261h PI 5W - Hoyt Rd $ 354,231.88 S 354,231.88
24 5 3141h SI: 20th Ave 5 - 23rd Ave S $ - $ -
25 1st Ave S: 5 292nd 51 - 5 3121h 51 $ - S -
pasepa 5312111 51 & Pacific Hwy S $ 404,194.59 S 404,194.59
TOTAL $ 7,709.120.24 $ 6,341,298.37
Allernative! Trips 2727 2727
Cost per project trip S 2,826.96 $ 2.325.38
.. .
Option 1 Scenario 1 Cost EstimateI
All costs are accounted for in the TIP projects
$2,827.00/per hip
Option 2 Scenario 2 Cost Estimate 2
The total costs of the TIP projects are reduced by
grants that are secured and awarded
$2,325.00/per trip
Option 3 Council may choose an alternative per-trip costs
$ to be assigned
Option 4 Council may choose to exempt projects from City Center
impact mitigation
$0
Saturday Peak Hour - The EIS includes the costs of potential mitigation projects for the
Saturday Peak hour.
I Includes the S 31 th St Project.
2 Includes the S 31 th St Project.
17
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.
Appendix A to Memo to LUTe 1/22/07
Page 18 of24
Options la and Ib contemplate that development projects would pay the total cost to
constmct mitigation projects. That is, 'both the contribution attributable to the individual
projects, as well as the prorata contribution attributable to Saturday background traffic,
would be borne by the project developers.
Options 2a and 2b contemplate that projects would pay a prorata cost of mitigation
projects based on a methodology comparable to that used for the PM peak hour. The
prorata contribution attributable to Saturday background traffic would be borne by City
funding. It should be noted that the projects identified for the Saturday impacts do not
currently collect prorata share contributions. A policy change would need to be made to
initiate collection of prorata share contributions.to transportation projects to mitigate
Saturday traffic impcats. The estimates are shown in the options below:
Option 1 a: Development Pr'ojects Pay to Build the Total projects3
~lm~1:l"lolf:Tot. j.(01f'l.~I::{;1.r ,0 I
[~~fi[iI~JI.f=~~~E~E~i{i~lt~3[~'f:i3{~~~~~;s~5~~=::~:'E;.;~?j
~li1 tE~~q~~r~Z-g0~i~?b~~~3=::J ~~?f$~~~~~&J~Q~CJ'['(~[t]_&trl'1~-]l:f!~w~~bElp.gg~~~:~~:~L;_~J
E~;tj [~fe~Q~~~lL~~~~2:.l~?' ':2--::~.:.:,2:J C_:J2J~Q:@QQ=:~ ~ZJbi~:;~~~:Z::',~.:ii,;=~~:;?~-:~::::;=:~,~-~~]
f:~~~ [T~g:-"'iI~~~==;2::._~~=~-,-~~"jt~'2!~t~~~;QQQ:::i.:;J~0[=~?":=:;r~':~=:j'=-"=~~~:;;';~:~~-=2~=-~:~'~~~~]
Option Ib: Development Projects Pay to'Build the Total projects4 .
IJlm{:U:-{::r'i1It.r.'~-.. ,,? 11Iti'lf.'1I~I::f'tlII. I
GLJ ~~m6."~_~_.>c:J L_~]~~~1:r@Q:Qf=-'j~l~L::,l;~=?I~;.'.s:::;:'__::_:::":'-==__~=.~'._.:=-""'~J
[][S-,...,...,":..," R!~~~.L~=~2tt_ $7g~Ji!9g~:~;][3~~~'-~c':~':'=:::=-::'L~: ....~=:~::~~~___~~
[;~~(~~~:~t~~~~~~~~~___~=~?_;_~J~:~~~l~~i~L~]!i~~;;:~r~t:2~~~~!~~~!~~~:~Z~]
!;;'~l[$l~~o.;~Ji~:I~~M_~C_====]~~=$.~~fi~]]rQ.~ftEJ~t:l~:t:~.:==::__..=:~:_.~.==-_..,=:-~==~:_.-J
c;1~ !~If~1F~~E'7:';~'~~i:r:~~~{~::-=~:E~~:-'~3~I~I~~~~~jQ[Q.S=][;~.:::~~:=}~.;~~=:::~:___..:.~:.~:~~-~::=-=:=~~:;~'_"J
3 Improvements are shown and discussed on page 16
4 Improvements are shown and discussed on page 16
18
Appendix A to Memo to LUTe 1/22/07
Page 19 0[24
Option 2a: Prorata Cost Share Estimates
.
Option 2b.Prorata Cost Share Estimates
Option la - Development Projects Pay Total Cost of Projects
(project-specific decisions necessary to determine each
project's contribution from partial to full cost of traffic
mitigation project.)
$6,465,000
Option 1 b - De'velopment Projects Pay Total Cost of Projects
(project-specific decisions necessary to detennine each
project's contribution from partial to full cost of traffic
mitigation project.)
$8,385,000
.
Option 2a - Pro rata mitigation cost
$253.00/per Saturday trip
Option 2b - Prorata mitigation cost
$306.00/per Saturday trip
Option 3 - Exempt from Mitigation of Saturday Peak Hour
Impacts to LOS
$0
ON-SITE IMPROVEMENTS
At the time of development application, analysis shall be provided by the applicant's
engineer for driveway access and circulation measures to minimize impacts on
connecting roadways. Measures may include management of access points, traffic control
measures, construction of internal roadways, pedestrian and bicycle improvements, and
connections to adjacent developments.
19
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.
.
.
Appendix A to Memo to LUTe li22/07
Page 20 of24
NON-MOTORIZED MODE IMPROVEMENTS
Mitigation improvements may be required per site-specific development proposals to
address pedestrian, bicycle, and transit improvements to support the plans, policies, and'
goals as noted within the City of Federal Way Comprehensive Plan City Center Element
(2002, Chapter 7) and Transportation Element (2003, Chapter 3).
GRID ROADWAY DEVELOPMENT
. Part of the City Center Plan is to develop a number ofintemal roadways to create smaller
blocks that will improve the street gi-id network and improve the' access for pedestrians
and vehicles. Requirements of potential right-of-way dedication and street improvements
shall be a component of the development submittalphase'6f a proposed project within the
project area. Roadways within the project area must meet specific "City Center" design
standards as specified in the Transportation Element (Chapter 3) of the City of FederaJ
Way Comprehensive Plan. (2003 revision, Figure III-3)
RIGHT-OF-WAY WIDENING THROUGH DEDICATION
Property dedication to facilitate right-of-way ded,ication for road widening and frontage
improvements may be required in conjunction with proposed developments. Roadways
within the project area must meet specific "City Center" design standards as specified in
the Transportation Element (Chapter 3) of the City of Federal ""\lIlay Comprehensive Plan
(2003 revision, Figure III-3).
TRANSPORTATION DEMAND MANAGEMENT
Transportation Demand Management (TDM) - TDM measures can be used to reduce
project impacts. These measures may include provisions of transit passes to tenants and
employees, ridesharing programs, priority carpool parking, and guaranteed ride home
programs. TDM actions are designed to primarily address commute trips and may not be
applicable as mitigation for all developments.
Table III-13 (page 60) of the City of Federal Way Comprehensive Plan (2003 revision,
Chapter 3, Transportation Element) stratifies various TDM alternatives by their
functional grouping and potential effectiveness, implementation difficulties, and expected
cost effectiveness. These strategies iriclude: Telecommuting, Parking Pricing and
Subsidy Removal, Compressed Work Week, Employer-Based Management, and Parking
Supply Strategies.
Based upon the above, the following are a list of potential mitigation measures that can
be considered in conjunction with individual development projects 'within the project
area:
20
Appendix A to Memo to LUTe 1/22/07
Page 21 0[24
1. Encourage voluntary expansion of the CTR p[l)gram to employers of less
than 100 employees. The encouragement by employers may be as diverse
as subsidized bus passes, car pool'space'priority,bike racks, shower
facilities, van pools, car pool infonnation access,. telecommuting, variable
work hours, etc.
.
2. Encourage the fonnation and expansion of area-wide ride-sharing
programs. Such programs operate with little direct cost to the City and are
highly cost-effective..
3. Support the enhancement of Park and Ride facilities and transit centers to
supplement the regional system; either directly through physical
development or elllancements or indirectly through development
conditions where employer vans aI:e required to shuttle employees to Park
and Ride facilities or transit centers.'
4. FacIlitate enhancements and/or connectivity to the HOV system. This
may include such things as accommodations' for transit stops, bus pull-
outs, pedestrian pathways that lead to'HOV access points, etc.
5. Achieve increased densities and mix of uses to support public
transportation, decrease trip generation and parkIng impacts.
6. Encourage facilities (shelters, loading spaces, etc) to accommodate City
Center shuttle service in associati()ll with development projects, together
with enhanced pedestrian and bicycle acce~s and security.
.
7. Improve pedestrian and bicycle access to bus routes and transit centers.
This can be a requirement of development, and redevelopment. The City
may need to acquire easements and construct trail connections.
Development incentives could be granted for providing such amenities
that are pedestrian, bike, and transit fiiendly. While bicycle, pedestrian,
and bus transit services and facilities may be desirable for other reasons;
. they should not be looked on as highly cost-effective strategies to the
exclusion of those actions list~d above.
NEIGHBORHOOD TRAFFIC CONTROL
When applicable, development projects within the project area may be required to
include actions to mitigate the impacts of cut-through traffic on near-by residential areas.
Examples of neighborhood traffic control actions include: turn restrictions, speed
controls, traffic enforcement, and parking restrictions such as the following:
Minimize through traffic on residential streets by maximizing through travel
opportunities on arterial and collector streets.
21
.
.
.
.
Appendix A to Memo to LUTe 1/22/07
Page 22 of 24 .
Employ traffic calming measures in neighborhoods (where feasible) where traffic
volumes and speeds on local streets consistently exceed reasonable levels.
Keep through traffic to state routes and arterials. Discourage the use oflocalor
neighborhood streets for through movements (unless part of an overall process of creating
a street grid).
PARKING
: . Mitigation measures that reduce the parking requirements within the project area should.
be encouraged. Examples inc1udeshat~d parking, employee parking programs, parking
time restrictions, paid parking programs~ . Shared parking strategies focus on looking at
opportunities where adj~cent uses have parking demand profiles.that can support the
sharing ofa smaller amount of parking spaces. For example, an office building with an 8
AM to 5 PM demand could share its parking wjth evening oriented uses such as
. restaurants, or a cinema. A parking demand study, which shows the hourly parking
demand profiles for adjacent uses and the potential for joint parking opportunities within
a mixed-use development, can be used to redlice the nuinber of required parking spaces.
In addition, contained in the above TDM m'itigation are strategies that overlap with
parking mitigation plans for development. A development may propose a plan and
management system to the City for approval upon submittal of the development permit.
This may be generated with the requirement for a parking study. Those items may
contain the following in support of the City of Federal Way and state Commute Trip
Reduction (CTR) requirements.
POTENTIAL MEASURES TO REDUCE VEHICLE TRIPS
AND/OR PARKING REQUIREMENTS
The following are suggested mitigation measures that may be selected by the applicants
to reduce vehicle trips and/or parking impacts or requirements. These measures may be
presented in a transportation study completed by the applicant's engineer and reviewed
and approved by staff.
MEASURES THAT SUPPORTALTERNATIVE MODES
Public education and promotion may increase the effectiveness of these other strategies
up to 3%.
Area-wide Ride matching Services - May result in a 0.1-3.6% reduction in vehicle
miles traveled (VMT) and an up to 2.5% VMT reduction in transit services. Reductions
in parking required may be calculated on the basis of these lower trip-generation rates.
22
Append:;{ A to Memo to LUTe 1/22/07
Page 23 of24
Vanpool Service - May result in an up to 8.3% in commute VMT, as well as a reduction
ill transit andvanpool fares up to 2.5%. Reductions in parking required may be
calculated on the basis of these lower trip-generation rates.
Non-Motorized Modes plan and implementation .~ May result in an up to 0-2%
regional VMT reduction. Reductions in parking required may be calculated on the basis
of these lower trip-generation rates.
HOV Facilities - May result in an up to 1.5% VMT reduction and 0.2% vehicle trip
reduction. Reductions in parking required may be calculated on the basis of these lower.
trip-generation rates.
On site development of Park and Ride 'program - May result in up to 0-0.5% VMT
reduction. Reductions in parking required may be calculated:on .the basis of these lower
trip-generation rates.
.
EMPLOYER-BASED TDM MEASURES
Parking mitigation -- Monetary incentives may result in an up. to 8-18% trip reduction at
. site. Reductions in parking required may be. calculated on the basis of these lower trip- .
generation rates.
Alternative Work Schedules - May result in as much as a 1 % regional VMT reduction:
Reductions in parking required may be calculated on the basis of these lower trip-
generation rates.
Commute Support Programs - May'result in up to 0.1-2.0% regional VMT reduction.'
Reductions in parking required may be calculated on the basis of these lower trip-
generation rates.
Parking Management - May result in up to.a 2Q to 30% reducti.on in SOY trips to/from
the site. Reductions in parking required may be calculated on the basis of these lower
trip-generation rates.
Telecommuting - Up to 10% commute VMT reduction. Reductions in parking required
may be calculated on the basis of these lower trip-generation rates.
.
OTHER STRATEGIES
Parking Tax - May result in up to a 1 to 5% reduction in regional VMT and trip
generation, but requires City Council and/or legislative action. Reductions in parking
required may be calculated on the basis ofthese lower trip-generation rates.
Development Parking Impact Mitigation - Requires Council approval to allow for
payment of parking-mitigation funds towards long-term investments in structured parking
solutions in lieu of full parking requirements. Reductions in required parking may be
calculated on the basis of these lower trip-generation rates.
23
.
.
..
.
.
Appendix A to Memo to LUTe 1/22/07
Page 24 of 24
Mixed Land Use/Jobs Housing Balance - May result in VMT reductio.ns up to 10%.
. Parking stall credit is given based on overlapping sh~ed usage of mixed facility, per City
Co.de provisions. '
Transit-Oriented and Pedestrian-Friendly Design - Site and.building design that
encourages transit usage and/or walking may reduce overall parking requirement.
Requires design review and staff approval.
Employment Center Density - Achievement o.f sufficient density within the City Center
to constitute a regional employment center may reduce SOY- work trips to. individual
development projects by up to 50%. Parking stall reductions may also apply to
developments. .'
. . ' Other Parking Management P!ans-- May mitigate 1 to. 5% region-wide VMT,
provided enforcement issues are addressed in the mitigation plan.
24
CITY OF FEDERAL WAY
.
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, ESTABLISHING THE CITY CENTER
PLANNED ACTION PURSUANT TO RCW 43.21.031.
WHEREAS, the State Environmental Policy Act (SEP A) and its implementing.
regulations authorize cities planning under the Growth Management Act (GMA) to
designate planned actions that have had their significant impacts adequately addressed in
an environmental impact statement (EIS) prepared in conjunction with a comprehensive
plan, sub-area plan or a master planned development; and
WHEREAS RCW 43.21C.031 and WAC 197-11-164,168, and -172 allow and
govern the application of a Planned Action designation; and
WHEREAS, the City of Federal Way has adopted a Comprehensive Plan that
addresses the City Center sub-area and has 'prepared an EIS that considers a planned
action designation in a portion of the City Center sub-area, and
WHEREAS, Chapter 7 of the City of Federal Way Comprehensive Plan addresses
the City Center sub-area and contains policy CCP5 that states that the City should
complete a Planned Action to provide for streamlined permit review in the City Center to
accelerate Comprehensive Plan-fulfilling redevelopment within the core area; and
:.
WHEREAS, designation of a project as a planned action streamlines subsequent
review of the project by eliminating the need for preparation of a threshold detelmination
or EIS; and
WHEREAS, adopting a SEP A Planned Action for the City Center Planned Action
area with appropriate standards and procedures will help achieve permit processing
efficiency and promote environmental quality, now, therefore,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1 Purpose. The City of Federal Way declares that the purpose ofthis ordinance
is to:
A. Combine environmental analysis with land use planning; and
B. Set forth a procedure designating certain project actions in a portion of the City
Center sub-area as "planned actions" consistent with state law 43.21 C.031 RCW,
and
.
Ordinance No. 07-
Page I
.
.'
.
C. Streamline and expedite the land use permit review process by relying on
completed and existing environmental analysis for the Planned Action area; and
D. Apply the Federal Way City Code together with the mitigation framework in
Section 3 of this Ordinance for the purpose of processing planned action
development applications.
Section 2. Findings. The City of Federal Way ~nds that:
, A. The City of Federal Way is required to prepare and implement plans in
accordance with the provisions of the Growth Management Act, Chapter 36.70A
. RCW.
B. The City of Federal Way has adopted a comprehensive plan and City Center sub-
area plan in compliance with the GMA.
C. The City Center Planned Action Environmental Impact Statement identifies and
addresses all significant environmental impacts associated with the proposed
planned action as defined in Section 3 of this Ordinance; and
D. The mitigation measures contained in Exhibit B of this Ordinance, together with
applicable City development standards, are adequate to mitigate the significant
. . adverse environmental impacts of planned action development as defined in
Subsection 3.C of this Ordinance.
E. The expedited permit review procedures as set forth in this Ordinance are and will
be a benefit to the public, protect the environment, and enhance economic
development; and
F. Opportunities for public involvement and review have been provided, and
comments considered as part of preparation of the Draft and Final Planned Action
Environmental Impact Statement.
Section 3. Procedures and Criteria for Evaluating and Determining Projects as
Planned Actions.
A. Planned Action Site. The Planned Action designation shall a~ply to the
approximately 200 acre site generally bounded by South 31i Street on the north,
South 324th Street on the south, Pacific Highway South on the west and 23rd
A venue South on the east and shown in Exhibit A.
B. Environmental Document. A planned action designation for a site-specific
application shall be based on the environmental analysis contained in the City
Center Planned Action Environmental Impact Statement (EIS) completed by the
City on September 8, 2006. "EIS" means the City Center Planned Action
Environmental Impact Statement composed of the Draft EIS (June 2006) and the
Final EIS (September 2006). The Mitigation Document (Exhibit B) is based upon
Ordinance No. 07-
Page 2
the analysis of the EIS. The Mitigation Document, together with applicable City
codes, ordinances and standards shall provide the framework for the decision by
the City to impose conditions on a planned action project.
.
C. Planned Action Qualifications.
1. Land Uses. The following uses are the primary uses analyzed in the EIS.
i. Retail goods and services
11. Office
111. Lodging
IV. Residential
v. Civic
VJ. Structured parking
2. Development Thresholds. The Planned Action designation applies to
future development proposals that cumulatively do not exceed the
Development Envelope established by the EIS, as shown in the City
Center Summary Development table below:
City Center Summary Development Table
Uses Development Envelope
Retail 750,000 sf
Office 350,000 sf
LodQinQ 600 rooms
Residential 750 units
Civic 500,000
Structured Parking 750 stalls
'.
If proposed plans significantly change the location of uses in a manner that
would alter the environmental determinations of-the EIS, additional SEP A
review may be required. Additional environmental review may be
conducted as an addendum or supplement to the Planned Action EIS.
Shifting the total build-out of development among uses may be permitted
so long as the total build-out does not exceed the aggregate amount of
development, trip generation and parking thresholds reviewed in the EIS
and so long as the impacts of that development have been identified and
mitigated in the EIS and Mitigation Document.
3. The project is located within the Planned Action Area.
1. The project is not limited to new development of a one story building of
16,000 square feet or less or ro use of an existing one story building of
any SIze.
.
Ordinance No. 07-
Page 3
.
.
.
4. Transportation
I. Vehicle Trip Ranges. The ranges of vehicle trips reviewed in the
EIS are as follows:
PI
anned Action Trip Thresholds bv 2009
Time ~eriod Total Trips
AM Peak Hour 1,220
Saturday Peak Hour 2,816
PM Peak Hour 2,727
-'planned Action Trip Thresholds 2010-2014
Time Period
AM Peak Hour
Saturda Peak Hour
PM Peak Hour
TotalTri s
919-1,073
2,537-2,552
2,360-2,370
.The EIS conducted quantitative analysis on a per-intersection basis of impacts and
mitigation through 2009 (or the equivalent time, based on the cumulative totals of
projected vehicle trips). EIS analysis of201O-2014 vehicle trips was performed more
qualitatively and may require additional environmental review to quantitatively
analyze potential transportation impacts and mitigation measures, as determined by
the SEP A Official, in consultation with the Public Works Director.
II. Trip Threshold. Proposed development that would result in a
cumulative total of trips that exceeds the maximum trip levels
shown above would not qualify as a Planned Action.
III. Public Works Discretion. The Public Works Director shall have
discretion to determine incremental and total trip generation,
consistent with the Institute of Traffic Engineers (ITE) General
Manual (latest ed.), for each Planned Action project permit
application proposed under this Planned Action.
5. Elements of the Environment Analyzed in the EIS. A project that would
result in a significant change in impacts to any of the elements ofthe
environment identified in the EIS would not qualify as a Planned Action.
6. Time Horizon. The Planned Action designation is intended to be
applicable until all development shown in the City Center Summary
Ordinance No. 07-
Page 4
Development Table (Subsection 3.C.2) is constructed or until 2014,
whichever occurs first. In addition, should environmental conditions
significantly change from those analyzed in the EIS, the City's SEP A
Official may determine that the Planned Action designation is no longer
applicable unless additional, supplementary environmental review is
conducted, regardless of the date.
.
D. Planned Action Review Criteria
1. Uses and activities described in the EIS, subject to the qualifications
described in Section 3.C and the mitigation measures in Exhibit B, may be
designated planned actions pursuant to 43.21C.031 RCW.
2. The SEP A Official or designee is authorized to designate a project
application as a Planned Action pursuant to RCW 4321C.031(2)(a), ifthe
project meets all ofthe following conditions:
a) The project is not otherwise exempt from SEP A;
b) The project is consistent with the City of Federal Way
Comprehensive Plan adopted under RCW 36.70A; and
c) The project is subsequent to or is implementing a. project which
has had its significant adverse environmental impacts that have
been adequately identified in the EIS; and
.
d) The project falls within the Planned Action qualifications
identified in Section 3.C of this Ordinance; and
e) The SEPA Official has determined that the project's adverse
impacts are able to be mitigated through the application and/or
inclusion of mitigation measures detailed in the Mitigation
Document in Exhibit B, as well as other applicable City, county,
state, and federal requirements and conditions, which together
constitute sufficient mitigation for the significant environmental
impacts associated with the proposed project; and
f) The proposed project complies with all applicable local, county,
state, and federal regulations, and where appropriate, the proposed
project complies with needed variances or modifications or other
special permits have been identified; and
g) The proposed project is not an essential public facility.
.
Ordinance No. 07-
Page 5
.
.
.
E. Effect of Planned Action
1. Upon designation by the SEP A Official that the development proposal
within the Planned Action Area qualifies as a Planned Action pursuant to
this Ordinance and WAC 197-11-172, the project shall not be subject to a
SEP A threshold determination, an environmental impact statement (EIS),
SEP A appeal or any other additional review under SEP A.
2. Being designated as a Planned Action or Planned Action Project means
that a proposed project has been reviewed in accordance with this
Ordinance and found to be consistent with the development parameters
and environmental analysis included in the EIS.
3. Planned Action projects will not be subject to further procedural review
under SEP A. However, as stated under 3 .D.2( f) above, in order to qualify
as planned actions, these projects will have incorporated mitigating
measures identified in the City Center Planned Action EIS, as outlined in
this document and the attached Exhibit B, which are designed to mitigate
environmental impacts resulting from the project proposal. Additionally,
projects will be subject to applicable'City, state and federal regulatory
requirements. The Planned Action designation shall not exempt a project
from meeting the City's code and ordinance requirements apart from the
SEP A process.
.. .
F. Planned Action Permit Process. The Director of Community Development
Services or designee shall review projects and determine whether they meet the
criteria as Planned Actions under applicable state, federal, and local laws,
regulations, codes and ordinances. The review procedure shall consist, at a
minimum, of the following:
1. Development applications will meet the requirements of Federal Way City
Code Chapters 5, 13, 15, 16, 18, 19 and 22. Applications shall be made on
forms provided by the City and shall include a Planned Action Checklist
or such other project review forms provided by the Community
Development, Building, and Public Works departments. The checklist
may be incorporated into the form of an application.
2. The Director of Community Development Services will determine
whether the application is complete as provided in Federal Way City Code
Chapter 22-33.
3. After the City receives and reviews a complete application, the SEP A
Official shall determine, utilizing the criteria and procedures contained in
Section 3.D and WAC 197-11-172, whether the project qualifies as a
Planned Action. If the project does qualify as a Planned Action, the
Ordinance No. 07-
Page 6
Director of Community Development Services shall notify the applicant,
and the project shall proceed in accordance with the appropriate permit
procedures, except that no additional SEP A review, threshold
determination or EIS will be required.
.
4. For projects that qualify as Planned Actions, public notice shall be
provided as specified in FWCC 18.76 (c).
5. If a project is determined not to be a Planned Action, the Director of
Community Development Services shall notify the applicant and prescribe
a SEP A review procedure consistent with the City SEP A procedures and
state laws. The notice to the applicant shall describe the elements of the
application that result in disqualification as a Planned Action.
6. Projects disqualified as a Planned Action may use or incorporate relevant
elements of the environmental review analysis in the EIS prepared for the
Planned Action, as.well as other environmental review documents to assist
in meeting SEP A requirements. The SEP A Official may choose to limit
the scope of the SEPA review to those issues and envirorunental impacts
not previously addressed in the EIS.
Section 4 Planned Action Area Monitoring. The Planned Action Ordinanc.e shall
be reviewed periodically by the Director of Community Development Services to
determine its continuing validity with respect to the environmental conditions of the
project area and vicinity and applicability of planned action requirements, including a
review prior to the end of2009 to ensure continued applicability of the transportation
analysis and impacts. Based upon this review, this Ordinance may be amended as
needed, and another review period may be specified.
.
Section 5 Conflict. In the event of a conflict between the Ordnance or any
mitigation measures imposed pursuant thereto and any ordinance or regulation of the
City, the provisions ofthis Ordinance shall control.
Section 6 Severability. Should any section, sentence, clause or phrase of this
ordinance or the amendments to the Federal Way Municipal Code adopted hereby 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 ordinance.
Section 7 Effective Date. This ordinance shall be in full force and effect five (5)
days from and after its passage and publication as provided by law.
.
Ordinance No. 07-
Page 7
.
.
.
PASSED by the City Council of the City of Federal Way at a regular meeting of the City
Council on the
day of
,2007.
ApPROVED:
. A TIEST:
. .City Clerk, Laura Hathaway, CMC
ApPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERIC
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
Mayor, Mike Park
Ordinance No. 07-
Page 8
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Exhibit A
federal Wa~ Ci"l cenler Planned Action Area
~ 10nes & stokes
.
Exhibit B
Planned Action Mitigation Document
The State Environmental Policy Act (SEPA) requires environmental review for project and non-
project proposals that may have adverse impacts upon the environment.
In order to meet SEPA requirements, the City of Federal Way issued the Draft City Center
Planned Action Environmental Impact Statement on June 26, 2006, and Final Environmental
Impact Statement on September 8, 2006. . The Draft Environmental Impact Statement and the
Final ~upplemental Environmental Impact Statement are referenced collectively herein as the
"EIS". The EIS has identified probable; significant impacts that would occur with the future
development of the Planned Action area, together with a number of potential measures to mitigate
those significant impacts. .
The purpose of this Mitigation Document .is to establish specific mitigation measures, based upon
significant impacts identified in. the EIS. The mitigation measures would apply to future
development proposals which are consistent with the Planned Action development envelope
reviewed in the EIS, and which are located within the Planned Action area (see Exhibit A).
USE OF TERMS
As several similar terms are utilized in this Mitigation Document, the following phrases or words
are defined briefly:
. SEPA Terms
The discussion or mitigation measures may refer to the words action, proposed action, or
proposal, and for reference these terms are identified below.
.
.
"Action" means projects or programs financed, licensed, regulated, conducted or
approved by an Agency. "Project actions" involve decisions on a specific project such as
a construction or management activity for a defined geographic area. "Non-project"
actions involve decisions about policies, plans or programs. ( see WAC 197-11-704)
.
"Planned Action" refers to types of project actions that are designated by ordinance for a
specific geographic area and addressed in an EIS, in conjunction with a comprehensive
plan or subarea plan, a fully contained community, a master planned resort, a master
planned development or phased project. (see WAC 197-11-164)
.
"Proposal" means a proposed action that may be an action and regulatory decision of an
agency, or any action proposed by applicants. (see WAC 197-11-784)
Other Terms
The Planned Action area may be referred to as the City Center Planned Action area, project site,
or project area in this document.
General Interpretation
Where a mitigation measure includes the words "shall" or "will," inclusion of that measure is
mandatory in order to qualify a project as a Planned Action. Where "should" or "would" appear,
the mitigation measure may be considered by the project applicant as a source of additional
mitigation, as feasible or necessary, to ensure that a project qualify as a Planned Action and/or to
reduce transportation mitigation impact fees.
.
Unless stated specifically otherwise, the mitigation measures that require preparation of plans,
conduct of studies, construction of improvements, conduct of maintenance activities, etc., are the
responsibility of the applicant or designee to fund and/or perfoml.
DEVELOPMENT PROPOSED UNDER THE PLANNED ACTION
The proposal reviewed in the EIS included designation of a portion of the City Center as a
Planned Action area for the purposes of State Environmental Policy Act (SEP A) compliance,
pursuant to RCW 43.21C.031(2)(a) and WAC 197-11-164. The planned action designation
applies to construction of proposed residential, retail, office, hotel, civic and structured parking
development falling within the development envelope and project area analyzed in this EIS. The
planned action project area is shown in Exhibit A. The total development envelope analyzed in
this EIS is summarized below.
Uses Development Envelope
Retail 750,000 sf
Office 350,000 sf
Lodging 600 rooms
Residential 750 units
Civic 100,000 sf
Structured Parking 750 stalls
Planned Action Development Envelope
.
The planned action designation would apply to development that occurs through 2014. However,
the quantitative transportation analysis applies only to the portion of the total development
envelope that was projected to occur by the end of 2009.
PI
d A' V h' IT'
2009
anne cllon e IC e nps-
Time Period Total Trips
AM Peak Hour 1,220
Saturday Peak Hour 2,816
PM Peak Hour 2,727
MITIGATION
Based on the EIS, which is incorporated by reference, this Mitigation Document summarizes
significant adverse environmental impacts that are anticipated to occur in conjunction with the
development of planned action projects. Mitigation measures, identified in the EIS, are reiterated
here for inclusion in conjunction with proposed projects to mitigate related impacts and to qualify
as Planned Action projects.
.
Planned Action Mitigation Document
Page 2 of 8
.
.
.
Consistency review under the Planned Action, site plan review, and other permit approvals will
be required for specific development actions under the Proposed Action pursuant to WAC 197-
11-172 and FWCC 18-76. Additional project conditions may be imposed on planned action
projects based upon the analysis of the proposal in relationship to independent requirements of
the City, state or federal requirements or review criteria.
Any applicant for a project within the Planned Action area may propose alternative mitigation
measures, if appropriate and/or as a result of changed circumstances, in order to allow an
equivalent substitute mitigation for identified impacts. Such modifications would be evaluated by
th.e City SEPA Official prior to any project approvals by the City.
As permitted by WAC 197-11-660, it is recognized that there may be some adverse impacts that
'are unavoidable because reasonable or feasible mitigation cannot be achieved for the proposal.
Provided below for each element of the environment analyzed in the EIS for the proposal area are
. the' following: (1) a summary of the EIS analysis of significant environmental impacts; and (2)
mitigation measures identified in the EIS.
In combination, regulations applicable to' each element of the environment and mitigation
measures identified in the EIS and documented in this Mitigation Document that are applied to
any planned action proposal and will adequately mitigate all significant environmental impacts
associated with planned action proposals,. except for' those impacts that are identified as
"significant unavoidable adverse impacts."
ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES
Chapter 3 of the Draft EIS identifies significant impacts, unavoidable adverse impacts and
mitigation measures for potential impacts associated with air quality, land use, aesthetics, light
and glare, transportation, public services and utilities. Please refer to the Draft and Final EIS for
complete text associated with each element of the environment. The following is a summary of
the mitigation measures applicable to impacts on each element of the environment identified in
the EIS.
Air Quality
Mitigation Measures
Short Term
Construction activities related to development approved under the Planned Action Designation
could generate fugitive dust, which could be mitigated using the following best management
practices:
.
Use water sprays or other non-toxic dust control methods on unpaved roadways.
.
Minimize vehicle speed while traveling on unpaved surfaces.
.
Prevent track-out of mud onto public streets.
.
Cover soil piles when practical.
.
To the extent practical, minimize work during periods of high winds.
Planned Action Mitigation Document
Page 3 of 8
Burning of slash or demolition debris is not permitted without express approval from PSCAA.
No slash burning is anticipated for any construction projects in the City Center.
.
Mobile construction equipment and portable stationary engines would emit air pollutants
including NOx, CO, and PM I O. These emissions. would be temporary and localized. It is highly
unlikely that the temporary emissions would cause ambient concentrations at adjoining parcels to
approach the NAAQS limits. Typical mitigation measures to minimize air quality and odor
issues .caused by tailpipe emissions include the following:
Maintain the engines of construction equipment according to manufacturers' specifications.
Minimize idling of equipment while the equipment is not in use.
Long Term
No additional mitigation required.
Land Use
Mitigation Measures
The City of Federal Way existing Comprehensive Plan, development regulations and Community
Desi~ Guidelines provide policies, processes, standards and requirements that would mitigate
most iden.tified impacts. In particular, ~xisting development standards along the edges of the
Planned Action area appear to be adequate to allow for a compatible transition from more
intensive to less intensive uses.
Aesthetics, Light and Glare
, Mitigation Measures
.
Continued use of the City's Community Design Guidelines and review/approval process to
monitor and mitigate potential impacts associated with light and glare, shadows, and aesthetic
impacts resulting from new development, including structured parking.
Increased building height for multi-unit structures in the City Center Core zone would be
permitted only with review through the City's design review and public benefits review
processes, as set forth in the Community Design Guidelines.
Monitor shade conditions as development occurs and amend the City's Community Design
Guidelines to require site-specific analysis of shadows on public places, as needed.
Public Services
Mitigation Measures
Impacts to p,ublic services from development under the planned action designation would not be
significant. However, measures can be taken to prevent or further minimize environmental
consequences to public services. Recommended mitigating measures include:
Coordinate with Federal Way Police and Fire Departments during final design, construction,
and operation of future development under proposed action to ensure that reliable emergency
access is maintained.
Coordinate with the Federal Way Parks and Recreation Department to identify opportunities
for increased recreational open space for general public use throughout the project area, and
within new development proposals.
Reduce public safety impacts through adherence to CPTED design standards.
.
Planned Action Mitigation Document
Page 4 of 8
.
.
.
Provide emergency service providers with advanced notice of construction schedules and any
planned street closures or blockages.
Avoid or minimize street closures or blockages during construction to avoid impact to
.emergency response times.
Utilities
Mitigation Measures
Water alld Sallitary Sewer Service
Ensure that all new development complies with local, state and federal standards for energy
conservation.
Encourage drought-tolerant landscaping (xeriscaping) for new development.
Encourage new commercial, civic and residential development to incorporate appropriate
water conservation measures, such as recycling, into their operations.
Utilities
Plan with service providers to minimize impacts of utility relocations (equipment
'procurement times, relocate in advance of construction, etc.)
. Inform utility customers of any planned temporary 'service disruptions.
Coordinate with all utility companies on the desigri ofthe new services and hookups for the
proposed action.
Transportation
Mitigation Measures
Off-Site Mitigatioll
PM Peak Hour Impacts -
The EIS analysis indicates that transportation improvement projects already contained in the
City's adopted Transportation Improvement Plan would provide the majority of the mitigation for
the traffic impacts anticipated during the PM Peak Hour. Two additional projects were identified,
as follows:
PM Peak Hour Mitigation
Intersection Improvement
. 5312 5t & Pacific Hwy S Add 2nd northbound left turn lane (CIP 01-05)
5 336 5t & Pacific Hwy S Optimize signal timing
In order to ensure that the TIP and these two additional projects be completed and provide the
mitigation contemplated in the EIS, applicants for individual development projects shall make
financial contributions to the total cost of these projects on a pro-rata basis, calculated by
determining each project's PM Peak Hour vehicle trips generated, consistent with the Institute of
Traffic Engineers (ITE) General Manual (latest edition) and Public Works Department Director
discretion. A per-trip mitigation fee shall be applicable to each PM Peak Hour trip estimated in
this manner.
The total cost per PM vehicle trip (including both TIP projects and these two additional projects)
would be $2,827.00.
Planned Action Mitigation Document
Page 5 of 8
AM Peak Hour -- No additional mitigation is required for the AM peak hour.
.
Saturday Peak Hour - No additional mitigation is required for the Saturday peak hour.
Additional Mitigation Measures
Additional mitigation may be applicable to individual development applications within the
planned action area in order to reduce vehicle trip generation, improve on-site circulation, and/or
to meet City and State requirements for Commute Trip Reduction and Transportation Demand
Management. Actions to be considered include:
On-site improvemettts - Driveway and circulation actions to minimize impacts on area roadways.
Actions may include management of access points, traffic conn:ol.measures, construction of
internal roadways, pedestrian and bicycle improvements, . and .connections to adjacent
developments.
Non-Motorized mode improvements - Mitigation may be included with development proposals
to address pedestrian, bicycle, and transit improvements to support the plans, policies, and goals
as noted within the City of Federal Way Comprehensive Plan City Center Element (2002,
Chapter 7) and Transportation Element (2003, Chapter 3).
Grid Roadway Development - Part of the City Center Plan is to develop a number of internal
roadways to create smaller blocks that will improve the grid network and improve the access for
pedestrians and vehicles. Right-of-way dedication and street improvements shall be a component
of the development submittal phase of a proposed project within the project area. Roadways
within the project area must meet specific "City Center" design standards as specified in the
Transportation Element (Chapter 3) of the City of Federal Way Comprehensive Plan (2003
revision, Figure III-3)
.
Right-of-way Widening Through Dedication - Property dedication to facilitate road widening
and frontage improvements may be required in conjunction with proposed developments.
Roadways within the project area must meet specific "City Center" design standards as specified
in the Transportation Element (Chapter 3) of the City of Federal Way Comprehensive Plan (2003
revision, Figure III-3).
Transportation Demand Management (TDM) - TDM measures can be used to reduce the
impacts of a project action. These measures may include provision of transit passes to tenants
and employees, ridesharing programs, priority carpool parking, and guaranteed ride home
programs. TDM actions are designed to primarily address commute trips and may not be
applicable as mitigation for a11 developments.
Table III-13 (page 60) of the City of Federal Way Comprehensive Plan (2003 revision, Chapter 3,
Transportation Element) stratifies various TDM alternatives by their functional grouping and
potential effectiveness, implementation difficulties, and expected cost effectiveness. These
strategies include: Telecommuting, Parking Pricing and Subsidy Removal, Compressed Work
Week, Employer-Based Management, and Parking Supply Strategies.
Based upon the above, the fo11owing are a list of mitigation measures that can be considered in
conjunction with individual development projects within the project area:
.
Planned Action Mitigation Document
Page 6 of 8
.
..
.
1. Expansion of the CTR Program to employers ofless than 100 employees. The encouragement
by employers may include subsidized bus passes, car pool space priority, bike racks, shower
facilities, van pools, car pool information access, telecommuting, variable work hours, etc.
2. Formation and expansion of area-wide ride-sharing programs. Such programs operate with
little direct cost to the City and are highly cost-effective.
3. Enhancement of Park and Ride facilities and transit centers to supplement the regional
system, either directly through physical development or enhancements or indirectly through
development conditions where employer vans. are required to shuttle employees to Park and
Ride facilities or transit centers.
4. Enhancements to the HOV System. Facilitate enhancements and/or connectivity to the HOV
. system. This may include such things as accommodations for transit stops, bus pull-outs,
pedestrian pathways that lead to ROV access points; etc.
5. Achieve densities and mix of uses to support public transportation, decrease trip generation
and parkirig impacts.
6. . Provide facilities (shelters, loading spaces, etc.) to accommodate City Center shuttle service
in association with development projects, together' with enhanced pedestrian and bicycle
. access and security.
7. Improve pedestrian and bicycle access to bus routes arid transit centers.
Neighborhood Traffic COlltrol - Development withiri the project area may to include actions to
reduce the impacts of cut-through traffic on residential areas. Examples of neighborhood traffic
control actions include: turn restrictions, speed controls, traffic enforcement, and parking
restrictions.
Parkillg :..- Mitigating measures can be included that reduce a project's demand for parking.
Examples include shared parking, employee parking programs, parking time restrictions, paid
parking programs. For example, an office building with an 8 AM to 5 PM demand could share its
parking with evening dominated uses such as restaurants, or a cinema. A parking demand study,
which shows the hourly parking demand profiles for adjacent uses and the potential for joint
parking opportunities within a mixed-use development, can be used to reduce the number of
parking spaces.
Reductioll of Mitigatioll Fee Costs through Altenzative Measures -- In order to reduce the total
numbers of peak-hour vehicle trips and, thereby, reduce mitigation costs, development
applications may propose for City approval various alternative measures, as detailed below. In
addition, many of these measures may be employed to support of the City of Federal Way and
state Commute Trip Reduction (CTR) requirements.
Measures to Support Alternative Modes
The measures listed below are available options to help reduce parking requirements and/or trip
generation for specific Planned Action proposals. At the City's discretion, or as proposed by a
project applicant, use of the alternative-mode support measures may allow for reductions in
required parking or vehicle trip generation.
Area-wide Ride matching Services -May result in a 0.1 - 3.5% reduction in vehicle miles
traveled (VMT) and an up to 2.5% VMT reduction in transit services. Reductions in parking
required may be calculated on the basis of these lower trip generation rates.
Planned Action Mitigation Document
Page 7 of 8
Vanpool Service -- May result in an up to 8.3% commute VMT reduction, as well as a
reduction in transit and vanpool fares up to 2.5%. Reductions in parking required may be
calculated on the basis of these lower trip generation rates.
Non-Motorized Modes plan and implementation -- 0.2% regional VMT reduction.
Reductions in parking required may be calculated on the basis of these lower trip generation rates.
HOV Facilities - May result in an up to 1.5% VMT reduction and 0.2% vehicle trip
reduction. Reductions in parking required may be calculated on the basis of these lower trip
generation rates. . .
On site development Park and Ride - May result in up to 0.5% VMT reduction.
Reductions in parking required may be calculated on the basis of ,these lower trip generation rates.
.
Employer-Based TDM Measures --
Parking mitigation - Monetary incentives may result in an 8 - 18% trip reduction at site.
Reductions in parking required may be calculated on the basis of these lower trip generation rates.
. Alternative Work Schedules - May result in up to a I % regional VMT reduction.
Reductions in parking required may be calculated on the basis of these lower trip generation rates.
Commute Support Programs - May result in up to 0.1 to 2% regional VMT reduction. Reductions
in parking required may be calculated on the basis of these lower trip generation rates.
'. Parkilzg Management -- May result' in up to 20 - 30% reductio~ in SOY trips to/from the site.
Reductions in parking required may be calculated on the basis of these lower trip generation rates.
Telecommuting - Up to 10% commute VMT reduction. Reductions in parking required may be
calculated on the basis of these lower trip generation rates.
.
Other Strategies
Development Parking Impact Mitigation - Payment of parking-mitigation funds towards long-
term investments in structured parking solutions in lieu offull parking requirement. (Note: Would
require City Council approval of Code provisions to allow for payment-in-lieu mechanism.)
Reductions in parking required may be calculated on the basis of these lower trip-generation
rates.
Mixed Land Use/Jobs Housing Balance - May result in VMT reductions of up to 10%. Parking
stall credit is given based on overlapping shared usage of mixed facility, per City Code
prOVISIOns.
Transit-Oriented and Pedestrian Friendly Design - Site and building design that encourages
transit usage and/or walking may reduce overall parking requirement. Requires design review
and staff approval.
Employment Center Density - Achievement of sufficient density within the City Center to
constitute a regional employment center may reduce SOV work trips to individual development
projects by up to 50%. Parking stall reductions may also apply to developments.
Other Parking Management Plans - May mitigate 1 to 5% region-wide YMT, provided
enforcement issues are addressed in mitigation plans.
.
Planned Action Mitigation Document"
Page 8 of 8
COUNCIL MEETING DATE: February 6, 2007
ITEM #:
S-d
.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Portion of 35th Avenue South Street Vacation Ordinance
POLICY QUESTION: Should the Council move the proposed ordinance to second reading and approval at the
next meeting on February 20,2007.
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
t&l Consent
D City Council Busines.s
MEETlNGDATE: Dec. 4, 2006
.~
D
Ordinance
D
D
Public Hearing
Other
Resolution
~TAFF REp~!!.! By: John Mulk_~y, Street ~yste!!1s ~ngineer
DEPT: Public Works
.
Attachments:
1. Ordinance.
SUMMARYIBACKGROUND: The Public hearing for the Vacation of a Portion of 35th Avenue South was held at .
the January 16, 2007 City Council Meeting. One public Comment was received in support of the vacation and the
CiZ Council approved Resolution #06-491 directing the City Attomey to prepare an Ordinance vacating a portion of
35t Avenue South.. .
The owners of one of the abutting properties, Jeff Wolf, submitted a valuation report of the land to be vacated based
on comparable sales in the area of the proposed vacation. The report determined a value of $5.75 per square foot, for
a total of $3,082.00. City staff evaluated the provided information based upon comparable City acquisitions and the
tax assessor appraised value for the land and concurred with this value for the land.
The owners of the abutting property have paid the City the appraised fair market value in the amount of $3,082.00 for
the right-of-way to be vacated.
STAFF RECOMMENDATION: Authorize to move the proposed ordinance to second reading and approval at the next
meeting on February 20,2007. .
CITY MANAGER ApPROVAL: ~ DIRECTOR ApPROVAL: tJ1,.JI/(
~ Committee Council
COMMITTEE RECOMMENDA nON: 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
Eric Faison, Member
Dean McColgan, Member
.
PROPOSED COUNCIL MOTION: "I move the proposed ordinance to second reading and enactment at the next
regular City Council meeting on February 20, 2007. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
tf' MOVED TO SECOND READING (ordinances only)
REVISED - 0210612006
COUNCIL BILL #
1sT reading
Enactment reading
ORDINANCE #
RESOLUfION #
.
'}L
,
.
.
.
..
.
.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, VACATING A PORTION
OF 35th AVENUE SOUTH IN THE VICINITY NORTH OF
SOUTH 336th STREET.
WHEREAS, a valid petition has been filed by the owners of at least two-thirds of the
abutting property requesting vacation of a portion of 35th Avenue South, in the vicinity north of
South 336th Street; and
WHEREAS, pursuant to Resolution 06-491, the Federal Way City Council held a
public hearing at its regular meeting on January 16, 2007 to consider the petition for vacation as
required by state law and Federal Way City Code Section 13-102; and
WHEREAS, following the conclusion ofthe public hearing on January 16,2007, the
City Council considered the proposed vacation and its compliance with the criteria outlined in
FWCC Section 13-102, and decided to grant the vacation; and
WHEREAS, pursuant to FWCC 13-1 03(4), the abutting property owners have
compensated the City in an amount not to exceed the full appraised value of the vacated property;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Vacation. That portion of the right-of-way of 35th Avenue South, in the
vicinity north of South 336th Street, as described in Exhibit "A" (legal description) and as depicted
. on Exhibits "B" and "C" (survey and vicinity map) attached hereto is hereby vacated. The property
lying in the portion of the right-of~way described in Exhibit "A" shall be returned to and belong to
ORD#
, PAGE 1
those persons entitled to receive the property in accordance with state law.
Section 2. Recordation. Upon passage, approval and publication of this ordinance,
the City Clerk is directed to cause this ordinance to be recorded with the King County Department of
Records and Elections. .
Section 3. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis
ordinance or the invalidity of the application thereofto any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
.
Section 4. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. . This ordinance shall take effect and be in force five (5)
days from and after its passage and publication, as provided' by law.
.
PASSED by the City Council of the City of Federal Way this
2007.
day of
CITY OF FEDERAL WAY
MAYOR, MIKE PARK
ATTEST:
CITY CLERK, LAURA HATHA WAY, CMC
ORD#
, PAGE 2
.
.
.
.
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK.:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTWE DATE:
ORDINANCE NO.
K:\ordinance\2007\3Sth Street Vacation
ORD#
, PAGE 3
Exhibit "A"
.
Perimeter of lOtal vacation
Beginning at the most northerly coma of L.OI I. Hensd/'s First Addition, Volume 62, Page 55, Records of
King County, Washington:
Thence North 28008'00" Easl, along the northerly eJ(tcnsio~ of the weslerly line of said LOI I, a distance of
20.00 feet;
Thence Soulh 61052'00" East, a distance orlO.OO leellO a pOinl on Ihe soulherly extension of tile westerly
line of said LoI 5, Hensell's FirSI Addilion. Volume 62, Page 55, Records of King County, Washington;
Thence Soutll 28"08'00" West, a distance of 10.00 feet: . .
Thence Soulh 61052'00" East, a distance of 10.83 Icello a point on the northerly extension of the east line
of said 1,01 I;
Thence Soulh 00057'00" East, a dislance of 11.44 leel to Ihe nOltheast comer of said Lol 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:
.
.
.
.
.
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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: cni@cramernw.com
SHEET: DATE:
'1 OF 1 Wed.. Nov. 8, 2006
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PARCEL NO. 61436004'5
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.
Nole: fhls map is in/cnoed for use i/S i/gfaphICaJ represcn/illlOn only.
'p made by John Mulkey
The Cly 01 Fedefill Way ma.hes 110 ..'arri/flly as 10 ilS accUfilCY.
Map Upd..... Sept. 28 2(106
COUNCIL MEETING DATE: February 20~ 2007 ITEM #: 5-e
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.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Temporary Occupancy License Agreement The Commons at Federal Way
POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department accept the new
Agreement for a change in location of Licensed Space for the Federal Way Police?
COMMITTEE: Parks, Recreation, and Public ~afety Council Committee
MEETING DATE: February 13,
2007
CATEGORY:
[gI Consent
D City Council Business
STAFF REpORT By:
D Ordinance
D Resolution
D
D
Public Hearing
Other
DEfT: Police Department
Attachments:
1. .PRPS Memo
2. Temporary Occupancy License Agreement The Commons at Federal Way
Options Considered:
1. Accept Occupancy Agreement
2. Reject Agreement
.
STAFF RECOMMENDATION: Staff recommends Option 1.
CITY MANAGER ApPROVAL:
~ DIRECTOR ApPROVAL:
~
~
Committee
Council
COMMITTEE RECOMMENDA TION: PRPS recomme
ROPOSED COUNCIL MOTION: . HI move approval of the Temporary Occupancy License Agreement The
Commons at Federal Way.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/0612006 .
COUNCIL BILL #
] ST reading
Enactment reading
ORDINANCE #
RESOLUTION # .
.
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
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DATE:
TO:
VIA:
February 13, 2007
Parks, Recreation, and Public Safety Council Committee
Neal Beets, City Manager
Brian Wilson, Chief of Police
FROM:
SUBJECT: Temporary Occupancy License Agreement The Commons At Federal Way
Back~round
The Federal Way Police Department occupies a licensed space, used by the Mall Officers;in the
Commons Shopping Center. The officers are stationed at the Mall to help prevent theft and for
. the safety of the citizens and retailers.
This new Occupancy License Agreement is for a change in location of the Mall Officers licensed .
space. As in the past, there is no charge to the City of Federal Way, Federal Way Police
Department. .
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TEMPORARY OCCUPANCY LICENSE AGREEMENT
THE COMMONS AT FEDERAL WAY
TIDS LICENSE AGREEMENT ("Agreement"), as of this day of 2006 by and between
City of Federal Way dba Federal Way Police Sub-Station hereinafter referred to as ("Licensee, ") and Steadfast
Commercial Management Company, Inc. as agent for Steadfast Commons LLC dba The Commons at Federal Way hereinafter
referred to as ("Licensor").
A. LICENSED SPACE. "Licensed Space" as used herein shall be the Licensed Space located in The Commons at Federal
Way Shopping Center in the City of Federal Way, County of King, State of Washington (the "Shopping Center") at the
approximate location as shown in Exbibi.t A attached hereto and incorporated herein by this reference. Licensor grants
Licensee permission to use the Licensed Space only in certain specified areas of the Shopping Center; Licensor may change
these areas, and no location can or will be guaranteed.
B. TERM. The term of this License shall commence on November 1.2006 and shall expire on October 31. 2007 subject
to the rights of earlier termination further stated herein; it being the specific intent of the parties hereto to create a
Licensor/Licensee, and not a LandlordlTenant relationship. Licensor may terminate at any time if a breach of any term of the
Agreement by Licensee occurs with no refund of license fees or deposits. Licensor may revoke this license at any time
without cause, and Licensor can permit other people to use any pushcart, kiosks, or stores in the Shopping Center for any
purpose at any time. .
Licensor hereby grants to Licensee a "non-exclusive revocable license" as of the License Commencement Date to use the
Licensed Space. The words "non-exclusive revocable license" means that the Licensor is not selling or leasing the Licensed
Space to the Licensee, but is simply permitting Licensee to use the Licensed Space under certain conditions.
TIDS LICENSE IS BElNG GRANTED FOR THE LICENSE TERM ONLY, AND IS SUBJECT TO EARLIER
TERMINATION AS FURTHER DESCRIBED HEREIN. TO OBTAIN A LICENSE FOR OTHER PERIODS,
LICENSOR AND LICENSEE MUST SIGN A DIFFERENT WRITTEN LICENSE FORM.
C. SECURITY DEPOSIT. When Licensee signs this License, Licensee must deposit the amount of $-0- Dollars ($-0- ),
security deposit, with Licensor which shall be held by Licensor without liability for interest as security for Licensee's
performance of its obligations under this License and to repair any damage to the Sales Area Licensor may, at its option,
apply the security deposit, or any portion thereof, to any overdue fee or other sum due by Licensee hereunder, to make repairs
to the Sales Area (including without limitation after termination of this License), or to pay for the cost of any other duty to be
performed by Licensee. Licensee shall replenish any portion of the security deposit applied by Licensor within two (2)
business days after notice from Licensor in order to restore the security deposit to its original amount. If Licensee has not
defaulted under any terms of this License, the unused portion of the security deposit shall be refunded to Licensee within
thirty (30) days after the termination of this License. Licensor's right to apply the security deposit as described herein is in
addition to any other remedies available to Licensor.
D. LICENSE FEES. Licensee agrees ta pay Ii liceDse fee fer the use and eccaJlancy ef the Licensed Space the sam of see
attached Exhibit B. The fee shall be paid iB advance aD the eemmencemeBt of the Term, aad if applicable, aa the 154 €If eac1i
consecutive lBeBth ther-eafter .....ith.om: Elmet ar dedactioB. If Licensee fails te pay any fee or any ether ametiBt due UDder this
Agreement v.ithiB two (2) days after its Elae date, thea, iB additiea ta any ether remedies that LieeDsor may have, LiceB5ee
agrees to pay Licensor oa demand a late fee as liqwdated damages eq\:lal te $59.99 per day or partial day that the fee ar
amoUDt is Dot paid v.nea aae. Licensor and Licensee agree that the late fee represents a reaseBable estimate of casts and
eXflenses that the Licenser may saffer as a resak of late payments by Lieeasee, and is fair compensation to Liceasor for its
losses sWfered by such late paymeats. Payments fer any and all fees are to be made by cashiers eheck ar money erder and
shOldd be made payable to The CommoBS at Federal Way. Payments made iB any ether fenB '.villnot be accepted ana will ee
deemed late,. ana subjeet to late fees as outlined iB this f.greemeat, if payment in the appropriate fOnB is not r-ecei\'ea '.vhea
due.
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11/21/2006
Licensee agrees to submit in vlriting along with the License! f.greement fees, a statement of gross sales signed by the Licensee,
due by the 151 day of each month. If Licensee fails to sllbmit a statement of gross sales due 1:IBder this f.greemem withiB two
(2) days after its <lae date, then, in addition to allY other remedies that Licensor may have, Licensee agrees to pay Licensor on
demand a late fee as liquidated damages equal to ~ per day or partial day that thestatemeBt of gross sales is Bot r~cei"ed
when <lae, regardless ohthethcr perceffiage f~es are ooe. Gross sales is defined as the total am01:lBt in dollars, mmlls sales tax,
of the actual sales price, whether cash or on credit, of all sales merchandise and services iBcluding a:ll gift certificates, credit
charges and carryiRg charges and all other receipts of business conoocied in or nom the Licensed Space, including, eat net
limited to, all sales to employees, all mail or telephone orders filled at or from the Licensed Sllace, all deposits not refuBded
to pmchasers and all orders taken in and nom the Licensed Sllace, whether or nat such orders are filled elsewhere.
In addition to the fee required hereunder, Licensee agrees to pay an tile First Day oCtile Month, as stated in EXHIBIT
B, an additional fee equal to ~ % o';er a Datural breal(BOint of Licensee's Crass Sales from the Licensed Space
durin~ any ~iven month.
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E. USE OF LICENSED SPACE. Licensee shall, during the term of the License, operate its business from the Licensed
Space during the regular business hours of the Shopping Center, and shall use the Licensed Space under the trade name of
Federal Way Police Sub-Station. for the use as a manned Police Sub-Station for Federal Way Police Officers
workinlUoatrollinl! at The Commons at Federal Way - as described in the "AI!reement for Seatac Mall Police
Services" dated 29 Noyember 1996. to include all amendments and for no other purpose. Licensee agrees it will not use or
permit any person or persons to use the Licensed Space or any part thereof for any purpose in violation of the laws of the
United States of America or the State of Washington, County of King, City of Federal Way, or other lawful authorities, and
that during said term, be of clean and wholesome condition, free of any objectionable noise, odors and nuisances, and that all
health and police regulations shall be, in all respects and at all times, fully complied with by the Licensee. In addition,
Licensee agrees to abide by all rules and regulations established by Licensor from time to time, with respect to the shopping
center and/or the Licensed Space.
If Licensee fails to strictly observe the Licensor's operating hOUiS for the Shopping Cemer by failing to opeD OD time or
closing too early more than tv/o (2) times dwiBg the license period, then, in additioD to aftY other remedies that Licensor may
have, Licensee agrees to pay LiceDsor eD demand a fee as liquidated damages eElHal to ~ per oeCWTeaee thereafter in
v/weh Licensee fails te open OD time or closes too early. If LieeBsee does not open at all a me of $2S0.00. payable .
immediately, 'NiJ.1 be assessed. This includes ceasing operatioD prior to the expifatieD of tile term. Licenser aad Licensee agree
that the f-ee rel'lresents a reasoDable estimate ef costs aad eXllenses that the Licenser may saffer as a r~sult ef Lieensee's
failure te observe the operating hems, and is fair eompensatioD te Liceasor fer its losses Sl:lffer-ed by slIch failme by Lieensee.
Licensee agrees to use a professianal visual presentation and/or display person to initially set up the Licensed Space, which is
either provided by or approved by the Licensor. Licensor shall have right of prior approval aver all fixtures, props and
signage used in the set up, display and day-to-day operation of the Licensed Space.
Licensee may not display, sell merchandise, and allow carts, portable signs, devices ar any other objects to be stored or to
remain outside the exterior walls and permanent doorways of the Licensed Space. In addition, Licensee will not in any way or
in any manner block any of the automobile parking or common areas afthe Shopping Center.
F. INDEMNITY /INSURANCE. Licensee covenants with Licensor that Licensor shaJ.1 not be liable for, and Licensee shall
defend with caunsel satisfactory to Licensar, indemnify and protect Licensar from any claim, demand, liability, judgment,
award, fine, mechanic's lien or other lien, loss damage, expense, charge or cast of any kind or character (including actual
attarney fees and court costs) arising from the construction, repair, use, occupancy or enjayment of the Licensed Space by
Licensee, its respective cantractors, agents or invitees; provided, however, Licensee shall have na obligation to defend or
indemnify Licensor fram claims caused by the sole negligence afLicensor. Licensee further covenants and agrees that it will
carry and maintain, during the entire term hereof, at Licensee's sole cost and expense, the fallowing types of insurance, in the
amounts specified and in the form hereinafter provided:
· Comprehensive general liability and property damage insurance: Licensee shall procure and maintain in
full force and effect, at its sole cost, comprehensive general liability insurance with limits of not less than
one million dallars ($1,000,000.00) cambined each occurrence and in the aggregate insuring against any
and all liability of the insured with respect to said Licensed Space or arising out of the maintenance use or
occupancy thereof.
· Licensee also agrees to procure and maintain property damage liability insurance with a limit of not less
than five hundred thousand dollars ($500,000.00) per occurrence. All such bodily injury liability shall
specifically insure the performance by the Licensee of the indemnity agreement as to liability for injury to
or death of persons and injury or damage to property described in this paragraph F.
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11/21/2006
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· Worlanen's Compensation. Statutory amount of worker's compensation insurance for the benefit of
Licensee's employees as required by the state in which the Shopping Center is situated.
Licensee shall provide Licensor appropriate certificate(s) of insurance specifically naming Steadfast Commons LLC
dba The Commons at Federal Way, Steadfast Commercial Management, Inc., and SeaTac Mall Merchants'
Association as additional insured's.
G. TAXES, FEES, AND UTll..ITIES. Any and all taxes, fees and assessments, including but not limited to utilities, license
fees, fees for permits, profits, sales or use taxes, personal property taxes, or any other taxes which may be levied or assessed
on the assets, business or capital of Licensee or Licensee's income therefrom, by any duly constituted government authority,
shall be borne and paid for by Licensee.
An Electrical Fee of N/A per month is payable each month in addition to the License Fees (Exhibit B). This amount shall be
included in your monthly license fee check made payable to The Commons at Federal Way, 1928-B South Commons, Federal
Way, WA 98003.
A Common Area Maintenance Fee ofN/A per month is payable each month in addition to the License Fees (Exlubit B). This
amount shall be included in your monthly license fee check made payable to The Commons at Federal Way, 1928-B South
Commons, Federal Way,WA 98003.
A Marketing/Advertising Fee of N/A per month and is payable on the first day of each month made payable to the SeaTac
Mall Merchants' Association, 1928-B South Commons, Federal Way, WA 98003 (Exhibit B).
H. ASSIGNMENT. It is expressly agreed that Licensee shall not have the right to assign or transfer, or delegate in any way
its rights or its duties under this Agreement. Any violation of this provision shall automatically terminate this Agreement.
~. NOTICES. Any notice given with respect to the License shall be delivered to the following locations:
If to Licensor:
The Commons at Federal Way
1928-B South Commons
Federal Way, WA 98003
CODY to:
.
If to Licensee:
City of Federal Way
33325 8th Ave. South
Federal Way, WA 98003
Attn: City Manager
CODV to:
J. ENTIRE UNDERSTANDING OF THE PARTIES. The making, execution and delivery of this Agreement by Licensee
has been induced by no representation other than those herein expressed. This Agreement embodies the entire understanding
of the parties and there are not additional or other agreements, written or oral, in effect between the parties relating to the
subject matter hereof. This Agreement may be amended or modified only by an instrument or equal formality signed by the
respective parties. This agreement is not binding until signed and approved by the Licensor.
K. GOVERNING LAW, ENTIRETY OR AGREEMENT AND PARTIAL INVALIDITY. This Agreement shall be
governed by the laws of the State of Washington. If any provision in this Agreement is held by any court to be invalid, void
or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. Venue for any legal action shall
arise in the Superior Court for King County, in the State of Washington.
L. WAIVER. Waiver by Licensor of any breach of any term, covenant or condition herein contained shall not be deemed a
waiver of any subsequent breach of the same or any other term, covenant or condition herein contained.
M. ATTORNEYS' FEES. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement,
the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other
relief to which such party may be entitled.
N. NO PARTNERSHIP INTEREST OR ESTATE. It is understood and agreed that nothing herein contained shall be
considered as in any way constituting a partnership between Licensor and Licensee and that Licensee does not and shall not
claim an interest or estate of any kind at any time.
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11/21/2006
O. PERMITS. Licensee shall obtain any and all pennits, licenses and authorizations, which may be required by any and all
governmental authorities with respect to the use and occupancy of the Licensed Space. In addition, prior to commencement of !.
this agreement, Licensee shall provide copies as proof to Licensor that Licensee has all the above named documents as
required by the State of Washington and the City of Federal Way.
All installations and equipment used by Licensee shall be maintained and installed in strict confonnity with the requirements
of the Board of Fire Underwriters as well as local, state and federal rules and regulations.
P. CORPORATION. In the event Licensee shall be a corporation, the parties executing this Agreement on behalf of
Licensee hereby covenant and warrant that Licensee is a duly qualified corporation and all steps have been taken prior to the
date hereof to qualify Licensee to do business in the State of Washington, corporate taxes have been paid to date; and all
future forms, reports, fees and other documents or payments necessary to comply with applicable laws will be filed or paid
when due.
Q. CONDITION OF LICENSED SPACE. Licensee accepts the Licensed Space in an "as is" condition as of the date
hereof. Upon vacating the Licensed Space, Licensee shall re-deliver the Licensed Space to Licensor in good order, condition
and state of repair.
R. RULES AND REGULATIONS. Licensee and its employees are empowered and privileged to use the parking and
common areas in common with other persons during the term of this Agreement, subject to such roles and regulations as
Licensor shall promulgate from time to time; provided, however, that employees shall park only in designated parking areas
and that no overnight parking is allowed. If Licensee or its employees fails to strictly utilize the designated parking areas
more than two (2) times during the license period, then, in addition to any other remedies that Licensor may have, Licensee
agrees to pay Licensor on demand a fee as liquidated damages equal to $10.00 per occurrence thereafter in which Licensee or
its employees fails to park in said designated areas.
S. TIME OF ESSENCE. Time is of the essence with this Agreement and with every term, covenant and condition herein.
T. AGENCY DISCLOSURE. At the time of the signing of the Agreement, Steadfast Commercial Management Company,
Inc. represented the owner-licensor. Each party signing this Agreement confirms that prior oral and or written disclosure of
agency was provided to himlher on this transaction.
Comments or special conditions:
Licensor reserves the right to require reduction or removal of any merchandise or fixtures deemed unsafe or inappropriate.
If Licensee requests, Licensor will provide phone line to space. Licensee is responsible for contacting Qwest for hook-up and
for any and all costs associated with said phone line.
IN WITNESS T~REOF, the parties hereto have entered into this Agreement on the day and year first above written.
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Licensor:
Licensee:
The Commons at Federal Way
By: Steadfast Commercial Management Company, Inc.,
. its authorized agent
City of Federal Way
dba Federal Way Police Sub-Station
By:
By:
Gary R. Martindale
General Manager
Title:
Date:
Date:
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11/21/2006
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EXHIBIT B
TEMPORARY OCCUPANCY LICENSE AGREEMENT
FEES
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LICENSE FEE:
PERIOD
11-01-06 through 10-31-07
FEE'"
N/A
PERCENTAGE FEE:
PERIOD
BREAK POINT'"
11-01-06 through 10-31-07
N/A
"'Licensee agrees to pay Licensor NI A percent on any of Licensee's Gross Sales in excess of the Break Points listed
above.
MISCELLANEOUS FEES:
PERIOD ELECTRIC'"
CAM'"
11-01-06 through 10-31-07 N/A
N/A
MARKETING! '"
ADVERTISING
N/A
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11/21/2006
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EXHIBIT C
SCOPE OF SERVICES
1. The City will provide to The Commons at Federal Way two (2) full time, experienced police officers ("Contract
Officers") to provide security for the property, its businesses, tenants and customers and its premises. These officers
will work in conjunction with private security or other police agency representatives employed by the Mall or any of
it stores and tenants.
2. The City will retain control over the Contract Officers and the Contract Officers will work under the general and
direct supervision of the Police Department and will adhere to departmental policies and procedures. The Contract
Officers will work in a full duty status while on duty as in any Police Department duty assignment. Contract Officers
will be in uniform during duty hours and will be provided with radios, vehicle, and other regularly used police
equipment. Bicycles and computer equipment may be provided, at the Police Department's option, to increase
service levels.
3. The Mall may provide in-line office space, a public access kiosk, or other facilities to increase public access and
visibility of the Contract Officers. Mall management may direct the security efforts of the Contract Officers on a
day-to-day basis, consistent with Police Department policies, to assure continuity, coverage, and coordination of
efforts; provided, however, that in the event of a conflict between Mall direction and Police Department direction,
the Police Department direction shall control.
4. Hours of coverage will be flexible to address special Mall events and will be established by the Police Department in
conjunction with Mall management. Contract Officers will be assigned in one (I) year increments, but may be
rotated to address Police Department needs or Mall management interests. The City will provide ten (10) eight-hour
shifts per week, with officer absences due to illness, time off, or training replaced by general assignment officers to
maintain consistent coverage. Contract Officers will lose no benefits, assignment, training, or promotional
opportunities due to the Agreement.
5. Contract Officers will combine foot patrol, vehicle patrol of the Property parking lot and perimeters, and office,
booth or kiosk fixed positions to provide security, visibility, and police services.
6. Contract Officers will serve within the Property interior and parking areas as a "mini-beat" within the general
geographical dispersal structure of the City, placing it as a section within a regular beat. The regular beat officer, in
whose beat the Mall mini beat is placed, will provide presence and response capabilities consistent with general beat
management strategies. The Mall's coverage by the regular beat officer will not be reduced by the presence of the
Contract Officers or by the use of other representatives or private security staff in' the Property or in individual
stores. All supplemental police services will remain unaffected by the coverage provided for in the Agreement.
7. During assigned periods, the Contract Officers will respond to police or public safety incidents. If the matter can be
resolved by the Contract Officers expediently, no general assignment or specialized assignment officers will need to
respond. If needed, as determined by the Police Department, other officers will be dispatched as in the resolution of
any similar matter throughout the City. If the incident requires extended prisoner transportation, general assignment
officers will relieve the Contract Officers to allow them to resume their security duties as soon as practical.
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11/21/2006
COUNCIL MEETING DATE: February 20, 2007
ITEM #:~
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CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Interlocal CoopeFative Agreement Valley Special Response Team Operational Agniement
POLICY QUESTION: Should the City of Federal Way ~Federal Way Police Department remain a member of the
multi-jurisdictional Valley Special Response Team (Valley SRT}?
COMMITTEE: Parks, Recreation, and Public Safety Council Committee
MEETING DATE: February 13,
2007
CATEGORY:
[8J Consent
o City Council Business
D. Ordinance
o Resolution
o
o
Public Hearing
Other
ST AFJL.REPQ_RT:B~~. Conn~~l~_~.p.2._Traffic J~i~~!~nant
Attachments:
1. PRPS Memo
2. Interlocal Cooperative Agreement Valley Special Response Team Operational Agreement
Options Considered:
1. Accept SRT Operational Agreement
2. Reject Agreement
DEPT: Police Department
.
STAFF RECOMMENDATION: Staffrecommends Option 1.
@-
DIRECTOR ApPROVAL: ~.LJ.hvr.;JoJ~
Committee
Council .
CITY MANAGER ApPROVAL: .
COMMITTEE RECOMMENDATION: PRPS reco
PROPOSED COUNCIL MOTION: "J!no approval of the lnterlocal Cooperative Agreement
Response Team Operational Agreement. "
(BELOW TO BE.COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
.
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
.
DATE:
TO:
VIA:
February 13, 2007
Parks, Recreation, and Public Safety Council Committee
Neal Beets, City Manager
Brian Wilson, Chief of Police
FROM:
SUBJECT: Interlocal Cooperative Agreement Valley Special Response Team Operational
Agreement.
Backeround
The Federal Way Police Department joined the Valley Special Response Team (Valley SRT) in
2001. King County and other municipalities within the Puget Sound area make up the multi-
jurisdictional team know as the Valley SRT.
King County and the Puget Sound area have experienced increasingly violent criminal .
confrontations due to increased gang activity, increased drug abuse, increased urbanization, and
increased population densities. The Valley SRT is called in on high risk confrontations. They
have the ability to safely control, contain, and resolve crimin.al confrontations.
The results shown by Valley SRT involvement are the improved high risk services; increased
safety forofficers and the community; and. the improved cost effectiveness.
.
'.
.
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INTERLOCAL COOPERATIVE AGREEMENT
VALLEY SPECIAL RESPONSE TEAM
OPERATIONAL AGREEMENT
I.
PARTIES
The parties to this agreement are the Port of Seattle and the
Municipalities of Auburn, Des Moines, Federal Way, Kent, Renton, and.
Tukwila, each of which is a municipal corporation operating under the
laws of the State of Washington.
II. AUTHORITY
This agreement is entered into pursuant to Revised Code of Washington
Chapters 10.93,39.34, and Title 53.
III. . PURPOSE
The parties hereto desire to establish and maintain a multi-jurisdictional
Valley Special Response Team (Valley SRT).
IV. FORMATION
There is hereby established a multi-jurisdictional team to be hereafter
known as the "Valley Special Response Team," the members of which
shall be the Port of Seattle, and the Cities of Auburn, Des Moines, Federal
Way, Kent, Renton and Tukwila. As special needs arise, it may be
necessary to request from other law enforcement agencies assistance .
and/or personnel, at the discretion of the Incident Commander and/or
Valley SRT Tactical Commander.
V. STATEMENT OF PROBLEM
King County and the municipalities within the Puget Sound area have
experienced increasingly violent criminal confrontations due to increased
gang activity, increased drug aQuse, increased urbanization, and
increased population densities. The ability to safely control, contain, and
resolve criminal confrontations such as civil disobedience, barricaded
. subjects, hostage situations, gang member arrests, high risk felony
WCIA Final Version 03-16-2006
Operational Agreement
arrests, and narcotic/high risk search warrants has stretched the
resources of the members individual Police Department specialty teams.
.
Law enforcement efforts directed at dealing with these violent
confrontations have for the most part been conducted by law enforcement
agencies working independently. A multi-jurisdictional effort to handle
specific serious criminal confrontations as well as Weapons of Mass
Destruction (WMD) will result in more effective pooling of personnel,
improved utilization of municipal funds, reduced duplication of equipment,
improved training, development of specialized expertise, and increased
utilization/application of a combined special response team. The results
.will be improved ~ervices for all the participating municipalities, increased
safety for officers and the community, and improved c~st effectiveness.
VI. DURATION
The minimum term of this agreement shall be one year upon adoption.
This agreement shall automatically be extended for consecutive one-year
periods unless one or more of the participating municipalities gives notice
of intent to terminate participation in the team pursuant to this agreement.
Any such notice of termination shall be in writing and served on the other
executive board members. Once a member agency serves notice of
termination it will become effective in 90 days.
.
VII. GOVERNANCE
The affairs of the team shall be governed by an Executive Board,
. composed of the Police Chief, or his/her designee, from each participating
municipality. The Board meets monthly. Each member of the Executive
Board shall have an equal vote and voice on all board decisions. Unless
otherwise provided, Roberts Revised Rules of Order shall govern all
procedural matters relating to the business of the Executive Board. A
presiding officer shall be elected by its members, together with such other
officers as a majority of the Board may determine. The presiding officer,
or any board member, may call extra sessions as necessary. When the
Board votes on any matters, a simple majority of those present shall be
required for passage. A quorum of four (4) must be present at each
meeting for any actions to be valid.
.
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Operational Agreement
.
.Inemergenty situations, the presiding officer may conduct a telephone or
e-mail poll of Board members to resolve any issues.
VIII. TEAM OBJECTIVES
The individual specialty units from each participating municipality will
consolidate into one combined special response team, hereafter known
as "Valley SRT", servicing each participating municipality. The Valley
Special Response Team shall also be available to outside law
enforcement agencies as outlined under mutual aid.
The objective of the Valley Special Response Team shallbe to provide
enhanced use of personnel, equipment, budgeted funds, and training.
The combined Team shall respond as requested by any of the
participating municipalities and provide a coordinated effective resolution
to high-risk incidents.
IX. STAFF
. Each municipality shall contribute one administrative officer of the rank of
Lieutenant, Commander or Captain to serve as a Commander. A Valley
SRT Tactical Commander, of the rank of Lieutenant, Commander or
Captain shall be appointed annually by the Executive Board. The SRT
Tactical Commander shall act as principal liaison and facilitator between
the Executive Board and the members of the Team. The SRT Tactical
Commander shall operate under the direction of the presiding officer of
the Executive Board.' The SRT Tactical Commander shall be responsible
for informing the Board on all matters relating to the function,
expenditures, accomplishments and problems of the Team.
The SRT Tactical Commander shall prepare monthly written reports to the
Board on the actions, progress and finances of the Team. In addition, the
SRT Tactical Commander shall be responsible for presenting rules,
procedures, regulations and revisions thereto for Executive Board
approval.
.
Each municipality shall contribute no more then six full-time
commissioned officers to include at least one Sergeant, to be assigned to
the Team. Board approval must be obtained for the municipality to assign
WCIA Final Version 03-16-2006
Operational Agreement
less than this staffing requirement. The personnel assigned to the Team
shall be considered an employee of the contributing municipality. That
municipality shall be solely and exclusively responsible for the
compensation and benefits for that employee. All rights, duties, and
obligations of the employer and the employee shall remain with that
individual municipality. Each municipality shall be responsible for
ensuring compliance with all applicable laws with regard to employees
and with provisions of any applicable collective bargaining agreements
and civil service rules and regulations.
.
X. EQUIPMENT
Each participating municipality shall acquire and maintain the equipment
of its participating team members. Each participating municipality shall
budget funds to cover equipment, training, and expendable supplies for its
participaHng team members.
Each participating municipality shall budget sufficient funds to maintain
equivalent equipment standards, and training standards with those of the
other participating cities.
.
The Executive Board must approve any joint capital expenditure for Team
equipment.
XI. COMMAND AND CONTROL
During field activation of the Team, the Incident Commander, SRT
Tactical Commander, and Team Leader(s) will be designated.
The Incident Commander shall be from the jurisdiction in which the
incident is occurring. The Incident commander should be a command
level Officer. The Incident Commander retains full authority and control
throughout the incident. The Incident Commander shall make decisions
as to the resolution of the incident.'
The SRT Tactical Commander shall act as a liaison between the Incident
Commander and the Valley Special' Response Team. The SRT Tactical
Commander shall consult with the Incident Commander and discuss
tactical options. The SRT Tactical Commander shall be responsible for
keeping the Incident Commander informed of Valley Special Response
.
WCIA Final Version 03-16-2006
Operational Agreement
.
Team activities. The SRT Tactical Commander shall consult the Incident
Commander with options to accomplish the mission of the Incident
Commander. The SRT Tactical Commander shall relay the mission of the
Incident Commander to support SRT Commanders and Team Leader (s)
to assure that the mission is carried out as intended.
The Team Leader(s) in consultation with the SRT Tactical Commander
shall formulate tactical plans to react to the incident. The Team Leader(s)
shall be responsible for completing the assigned mission as determined
by the SRT Tactical Commander and Incident Commander. The Team
Leader(s) shall direct and control the actions of the team members.
The Valley Special Response Team will not attempt any tactical operation
that in the judgement of the SRT Tactical Commander would
unreasonably endanger the safety of the Officers assigned to the Valley
Special Response Team, or for which the Team is not properly trained
and/or equipped.
XII. FINANCIAL REQUIREMENTS
. . This agreement is being entered into to establish a Combined Regional
Valley Special Response Team.
CONTRIBUTION
Each participating municipality shall budget sufficient funds to update,
replace, repair, and maintain the equipment and supplies utilized by its
participating team members. Each participating municipality shall budget
. sufficient funds to provide for training of its partiCipating team members.
Each member municipality shall maintain an independent budget system
to account for funds allocated and expended by its participating team
members.
XIII. TERMINATION
.
Termination shall be in accordance with those procedures set forth in prior
sections. Each participating municipality shall retain sole ownership of
WCIA Final Version 03-16-2006
Operational Agreement
equipment purchased and provided to its participating team members.
Any acquired Team assets shall be equally divided among the
participating municipalities at the asset's fair market value upon
termination. The value of the assets of the Team shall be determined by
using commonly accepted methods of valuation. If two or more
participating municipalities desire an asset the final decision shall be
made by arbitration (described below). Any property not claimed shall be
declared surplus by the Executive Board and disposed of pursuant to
State law for the disposition of surplus property.
The proceeds from the sale or disposition of any Team property, after
payment of any and all costs of sale or debts of the agency, shall be
equally distributed to those municipalities participating in the Team at the
time of dissolution in proportion to the municipality's percentage
participation in the Team as of the date of dissolution.
XIV. COMPLIANCE WITH THE LAW
The Valley Special Response Team and all its members shall comply with
all Federal, State and local laws affecting the Team.
XV. ALTERATIONS
This agreement may be modified, amended or altered by agreement of all
participating municipalities and such alteration, amendment or
modification shall be effective when reduced to writing and executed in a
manner provided for by this agreement.
XVI. RECORDS
Each Municipality shall maintain training records related to the team for a
minimum of seven years. A copy of these records will be forwarded and
maintained with the designated SRT Training Coordinator. All records
shall be available for full inspection and copying by each participating
agency.
WCIA Final Version 03-16-2006
Operational Agreement
.
e
Ie
.
.
.
XVII. FILING
Upon execution hereof, this agreement shall be filed with the City Clerks
of the respective participating munic[palities, the Director of Records and
Elections of King County, the Secretary of State, and such other
governmental agencies as may be required by law.
XVIII. SEVERABILITY
If any part, paragraph, section or provision of this agreement is held to be
invalid by any court of competent jurisdiction in the State of Washington,
such adjudication shall not affect the validity of any remaining section,
part or provision of this agreement.
. XIX. MUNICIPAL AUTHORIZATIONS
This agreement shall be executed on behalf of each participating
municipality by its duly authorized representative and pursuant to an
appropriate resolution or ordinance of each participating municipality.
This agreement shall be deemed adopted when the date of execution by
the last so authorized representative. This agreement may be executed
by counterparts and be valid as if each authorized representative had
signed the original document. .
xx. HOLD HARMLESS
Each municipal entity whose police chief or designee requests assistance
of the Valley Special Response Team agrees to hold harmless and
inde'mnify the other participating municipal entities and their officers,
officials and employees from any ioss, claim or liability arising from or out
of the negligent or tortious acti.ons or inactions of the Special Response
Team and its members and supervisors.
XXI. DEFENSE OF LAWSUITS
Each municipal entity shall be responsible for selecting and retaining legal
counsel for itself and for any employee of said municipal entity who is
named in a lawsuit alleging liability arising out of Special Response Team
operations. Each municipal entity that retains counsel for itself and/or its
employees shall be responsible for paying the attorney's fees incurred by
WCIA Final Version 03-16-2006
Operational Agreement
that counsel. ,The municipal entities shall not share costs of defense
attorneys among each other unless they specifically agree in writing to the
contrary in any particular legal action.
.
XXII. NOTICE OF CLAIMS, LAWSUITS AND SETTLEMENTS
In the event that a lawsuit is brought against a member or its employees
for actions arising out of their conduct in support of Special Response
Team operations, the member shall promptly notify the other municipal ,
entities that said claim or lawsuit has been initiated.
XXIII. SETTLEMENT PROCEDURE
Any municipa'l entity or member who believes that another municipal
entity would be liable for a claim, settlement or judgement which arises
from a Special Response T earn action or operation shall have the burden
of notifying each other participating municipal entity of all settlements,
demands made to that municipal entity and any claims and/or lawsuits
naming that municipal entity and/or its employees for what may be liability
arising out of a Special Response Team operation. Said member .
municipal entity shall be obligated to make a prompt and timely notice and
tender of defense to any municipal entity which is believed to be liable to
any other municipal agency for Special Response Team liability.
The municipal entities shall be free to seek a separate settlement with the
claimant and/or plaintiff which would eliminate the liability of that municipal
entity and/or its employees. However, any such separate settlement
would not eliminate the released municipal entity's obligation to indemnify
the other member municipal entities, and/or their employees if they are
found to be liable in any court judgement from a lawsuit which arose from
a Special Response Team operation requested by the police chiefor
,designee of the municipal entity which has been released in a separate
settlement. Any municipal entity making a separate settlement would
have no right to seek any reimbursement or contribution for any portion of
a settlement which said municipal entity has reached separately with the
claimant and/or plaintiff.
.
WCIA Final Version 03-16-2006
Operational Agreement
.
.
.
XXIV COOPERATION IN DEFENSE OF LAWSUITS
The municipal entities and their respective defense counsel shall, to the
extent reasonably possible and consistent with the best interests of their
respective clients, cooperate in the defense of any lawsuit arising out of
the operations of the Special Response Team and shall agree, wherever
possible, to share non-attorney fee related costs such as record
gathering, preparation of trial exhibits, the retention and payment of expert
witnesses, and the cost of deposition reporting and transcription.
XXV NOTHING HEREIN SHALL REQUIRE OR BE INTERPETED TO:
Waive any defense arising out of RCW Title 51.
Limit or restrict the ability of any municipal entity or employee or legal
counsel for any municipal entity or employee to exercise any right,
defense or remedy which a party to a lawsuit may have with respect to
claims of third parties, including, but not limited to, any good faith attempts
to seek dismissal of legal claims against a party by any proper means
allowed under the civil rules in either state or federal court.
Cover or require indemnification or payment of any judgement against any
individual or municipal entity for intentionally wrongful conduct outside the
scope of employment of any individual or for any judgement for punitive
damages against any individual or municipal entity. Payment of punitive
damage awards shall be the sole responsibility of the individual against
whom said judgement is rendered and/or his or her municipal entity
employer, should that employer elect to make said payment voluntarily.
This agreement does not require indemnification of any punitive damage
awards. '
WCIA Final Version 03-16-2006
Operational Agreement
.
MAYOR, CITY OF AUBURN
Date
MAYOR, CITY OF RENTON
Date
MAYOR, CITY OF TUKWILA
Date
MAYOR, CITY OF KENT
Date
.
EXECUTIVE DIRECTOR, PORT OF SEATTLE Date
CITY MANAGER, CITY OF FEDERAL WAY Date
CITY MANAGER, CITY OF DES MOINES Date
.
WCIA Final Version 03-16-2006
Operational Agreement
.
.
.
APPROVED AS TO FORM:
CITY ATTORNEY, CITY OF AUBURN
CITY ATTORNEY, CITY OF RENTON
CITY ATTORNEY, CITY OF TUKWILA
CITY ATTORNEY, CITY OF KENT
PORT COUNSEL, PORT OF SEATTLE
CITY ATTORNEY, CITY OF FEDERAL WAY
CITY ATTORNEY, CITY OF DES MOINES
WCIA Final Version 03-16-2006
Operational Agreement
.
.
.
COUNCIL MEETING DATE: February 20, 2007,
ITEM #:~
CITY OF FEDERAL WAY
CiTY COUNCIL
AGENDA BILL
SUBJEcT: S 373rd Street Bridge Replacement Project-(CIP #304~31 00-250); Bid Results and Request to Build
POLICY QUESTION:, Should the ,Council authorize the Surface Water Utility to proceed forward in partnership with '
'Washington State m~partment of Transportation (WSDOT) for replacement of the S 373rd Street Bridge based on
bid results?
COMMITTEE: .Land Use and Transportation Committee
CATEGORY:
[8J Consent
o City Council Business
MEETING DATE: February 5, 2007
o Ordinance
o Resolution
D
D
Public Hearing .
Other
STAFF REpORT By: Paul A. Bucich, P.E., Surface Water Manag,~. DEPT: Public Works
Attachments: Memorandum to Land Use and Transportation Committee dated February 5, 2007.
. , , WSDQT bid results forreplacement of the S 373rd Street Bridge. .
Options CODsider~: .
1. Authorize the Surface Water Utility to proceed forward. in partnership with WSDOT for replacement of
the S 373rd: Street Bridge in accordance with the previQuslyauthorized ILA and based on the recent bid
results (attached). '
"2. Do not authorize the Utility to proceed with WSDOT and provide direction to staff..
STAF'FRECOMMENDATION: Staff recommends fOlwardingOption 1 to the February 20,2007 Council Consent
Agenda. .'
CITY MANAGER APPROVAL:
DIRECTOR ApPROVAL:
I1vt
tJt,N1...
Committee Council
, '
COMMITTEE RECOMMENDATION: Place Option I on the February 20, 2007 Council Consent Agenda for
approval"
Eric Faison, Member
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL AcrioN:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINOACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02106/2006
COUNCIL BD..L #
1ST reading
Enactment reading
ORDINANCE # .
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
.
DATE:
TO:
VIA:
FROM:
SUBJECf:
February 5, 2007
Land Use and Transportation Committee
Neal Beets, City Manager . . ~/
Paul A. Bucich, P.E., Sui-face Water Manager/ W
S 373rd Street Bridge Replacement Project -' (CIP # 30~3100-250)
Bid Results and Request to Build
BACKGROUND:
On DecemberS, 2006, Council authorized the City Manager to enter into an Inter-Local Agreement
(ILA) with Washington State Department of Transportation (WSDOT) for conducting all work
necessary for the City's bridge replacement project at S 373rd Street and HylebosCreek including
advertising and bid opening for the project as well ac construction and inspection. The ILA was
executed and WSDOT advertised the work in late December. BidS were opeped on January 24,2007
and the WSDOT bid tabs are attached for your review.
· CityLUTC and Council 'Process (February S. 2007 through February 20~ 2007)
· , Award Contract (March 8,.2007).
.. Begin ConstructiOIi' (April 9, 2007) , .
· Complete bridge, and road construction (September.3rd, 2007)
ESTIMATED PROJECT EXPENDITURES:
s~ 373rd St. Bridge'Replace~ent
Design
Year 2007 Construction
WSDOT Coordination
10% Construction Contingency
Construction Management
(WSDOT, CH2mHiII)
LUD Water Line work
TOTAL PROJECT COSTS
Pre-Bid Est.
$ 207,800
50 I ,523
18,860
501152
Bid
$ 207,800
440,655
18,860
44,065
80,243
157,838
$1,016,416
71,692
71 ,465
$ 854,537
.
.
.'
.
Land Use andTransportation Committee
S 373rd Street Bridge Replacement Project - (CIP # 304-3100-250)
Bid results and Request to Build
February.5, 2007
Page 2 of2
A V AlLABLE FUNDING:
TOTAL A VAlLABLEBUDGET(CITY)
LUD AVAILABLE BUDGET
TOTAL A V AILABLE BUDGET
$ 910,000
. $ 157,838
. $1,067,838
$ 910,000
$ 71,465
$ 981,465
Through the existing Inter Local Agreement with Lakehaven Utility District, the construction,
inspection, and contingencies for a water line replacement along the north edge of S 373rd Street will
be covered on a.reimbursement basis to the City.
. '
K:\LlfTC\2007\2-S-07 S. 373rd St Bridge Replacement Authorization to build.doc
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COUNCIL MEETING DATE: February 20, 2007
ITEM #: 5-h
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ANNEXATION OF ENTIRE POTENTIAL ANNEXA TlON AREA
POLICY QUESTION:
SHOULD THE CITY PROCEED WITH AN ANNEXATION APPLICATION TO THE BRB FOR THE ENTIRE P AA AREA TO
TAKE ADV ANT AGE OF THE RECENT STATE PROVISION FOR A TEMPORARY SALES TAX CREDIT AND THE OFFER
LEITER FROM KING COUNTY?
COMMITTEE: LUTC
MEETING DATE: July 17,2006
CATEGORY:
0' Consent
D City Council Business
D
D
Public Hearing
Other
Ordinance
ttI Resolution
~!~FF REPORT By: ISAA_~ CONLEN, Ac:rn~.9__~E~IORYLANN~J3._____-.!?_EPT: Community ?ev~!_~E~~~______"
At the July 17,2006 LUTC meeting, the Committee moved the annexation issue forward to City
Council, pending resolution of some boundary issues. Those issues have been resolved (see staff report
attached).
Exhibits:
1. Staff Report (with Exhibits A - Stone Creek map and B - FW/Aubum R-O-W
disposition maps)
2. Annexation Initiating Resolution (with Exhibit A - Legal Description and Exhibit B -
boundary map)
3. LUTC packet from July 17,2006 meeting (with signed agenda bill)
Options, Considered:
1) Initiate annexation process for the entire remaining P AA, utilizing the election method of
annexation.
2) Do not initiate any portion of the P AA at this time.
STAFF RECOMMENDATION: Recommend Option 1
CITY MANAGER APPROVAL: .~
unee
~~~c.-
DIRECTOR ApPROVAL:
~lL
Committee
Council
COMMITTEE RECOMMENDATION: RECOMMEND APPROVAL OF INITIATING THE ANNEXATION PROCESS OF THE
ENTIRE PAA, UTILIZING THE ELECTION METHOD OF ANNEXATION (ORIGINAL SIGNED AGENDA BILL AITACHED IN
EXHIBIT 3).
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: "J move approval of the LUTe recommendation for initiating the annexation
process of the entire PAA utilizing the election method of annexation. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
.
.
.
CITY OF
. Federal Way
CITY COUNCIL STAFF REPORT
DATE:
To:
VIA:
FROM:
February 11, 2007
City Council
Neal Beats, City Manager
Kathy McClung, CDS Director
Isaac ConI en, Acting Senior Planner
SUBJECT: P AA Annexation
MEETING DATE: February 20, 2007
POLICY QUESTION
Should City Council initiate annexation of the city's remaining Potential Annexation Area (PAA) east of
1-5?
.
BACKGROUND
The city's PAA, located entirely east ofI-5, is approximately 4,400 acres, with an estimated population of
20,152. Recently adopted legislation authorizes a new source of revenues for cities that complete large
annexations. King County has offered the city financial incentives to undertake annexation of this area.
Staff recommends initiation of the annexation process to:
1. Take advantage of one-time incentive opportunities offered by Washington State and King
County;
2. Implement the vision of the Growth Management Act, King County Countywide Planning
Policies and Federal Way Comprehensive Plan;
3. Establish regulatory authority for development activity in the P AA that impacts city
infrastructure and level of service;
4. Reduce the administrative costs of processing smaller annexations as citizens make
incremental annexation requests;
5. Provide quality urban services to residents of the PAA.
LUTC considered this question on May 1, 2006, May 15, 2006 and on July 17, 2006 forwarded the issue
to the full Council, pending resolution of several boundary issues. These included:
1. Stone Creek bisected parcels
2. Disposition of right- of-ways not specified in PAA agreement (along boundary with Auburn PAA)
DISCUSSION
.
1. Stone Creek: Subsequent to designation ofPAA boundaries, the County approved the Stone
Creek subdivision, which is situated partially within Federal Way's PAA and partially within Milto.n's
P AA. Further, several of the lots within the subdivision are bisected by the P AA boundary line.
EXHIBIT
PAGE I
'2
As you recall, city staff met with Milton's Mayor and staff in an effort to find a cooperative solution to
this issue. The city's preferred option was to annex the entire subdivision into Federal Way (the portion
outside our PAA would be annexed at a later date after PAA boundaries are modified). Milton officials,
however, were hesitant to release any lots within their PAA and would not agree to this option.
As a second alternative, we propose including those lots that are entirely within our P AA boundary and
excluding those that are not (see Exhibit A). The proposed annexation boundary incorporates this option.
2. Disposition of Right-of-ways: In the mid nineties the city entered into PAA interlocal
agreements with city's abutting our PAA boundary. With the exception of Auburn, all of these
agreements precisely define the boundaries of the respective city's P AA. The Auburn agreement
identifies the right"of-ways along which our P AA boundaries are split, but does not indicate the
disposition of those right-of-ways (whether within the Federal Way PAA, the Auburn PAA or split down
the middle).
We hav.e met with City of Auburn staff to discuss the logical distribution of those right-of-ways. Exhibit
B includes maps showing the proposed disposition of 55th Ave. S., S. 2881h Street, 51 st Ave. S., S. 321 sl
Street and S. Peasley Canyon Road. Based on these discussions it was agreed that Federal Way's PAA
will include a portion of 55th Ave S., a portion of 51 Sl Ave. S., S. 321 sl Street and S. Peasley Canyon Road.
From the city's perspective, S. Peasley Canyon Road is the most critical right-of-way. We need this
right-of-way to connect the northern and southern portions of our P AA. The entire P AA can then be
processed as a single annexation proposal, which is in the city's interest with regard to maximizing
annexation incentive revenues offered by the state and King County. The other right-of-ways were
divided based on adjacent development and use patterns.
Staff Recommendation
Initiate annexation of the entire remaining P AA, utilizing the election method of annexation and authorize
staff to submit an annexation Notice of Intent to the King County Boundary Review Board.
Exhibits:
A:
B:
Federal W ay/ Auburn P AA Master map
Federal Way/Auburn R-O-W disposition maps
EXHIBIT
PAGE 2- OF 2
Page 2
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Exhibit B-1
Disposition of Right-of-Way
along the Auburn and
Federal Way Potential
Annexation Areas
Legend
a East Federal Way Annexation Area
D Tax Parcels
~ City of Auburn
L:;}j Auburn Potential Annexation Area
This map is intended for use as a graphical
representation only. The City of Federal Way
makes no warranty as to its accuracy,
Map Date: January 2007
City of Federal Way
GIS Division
33325 8th Ave S,
P.O.Box 9718
Federal Way, WAc 98063
Phone: 253 -835.7000
Web: www.cityoffederalway.com
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Exhibit B-2
Disposition of Right-of-Way
along the Auburn and
Federal Way Potential
Annexation Areas
Legend
o East Federal Way Annexation Area
D Tax Parcels
~ City of Auburn
t=~ Auburn Potential Annexation Area
This map is intended for use as a graphical
representation only, The City of Federal Way
makes no warranty as to its accuracy.
Map Date: January 2007
City of Federal Way
GIS Division
33325 8th Ave S.
P.O.Box 9718
Federal Way, WA. 98063
Phone: 253-835-7000
Web: www.cityoffederalway.com
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Disposition of Right-of-Way
along the Auburn and
Federal Way Potential
Annexation Areas
Legend
D East Federal Way Annexation Area
D Tax Parcels
~':f~1 City of Auburn
~';\1 Auburn Potential Annexation Area
:.;'
. This map is intended for use as a graphical
representation only. The City of Federal Way
makes no warranty as to its accuracy.
Map Dale: January 2007
City of Federal Way
GIS Division
33325 8th Ave S.
P.O.Box 971~
Federal Way. WA. 98063
Phone: 253-835-7000
Web: www.cityoffederalway.com
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Disposition of Right-of-Way
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1El0 Auburn Potential Annexation Area
This map is intended for use as a graphical
representation only. The City of Federal Way
makes no warranty as to its accuracy.
Map Date: January 2007
City of Federal Way
GIS Division
33325 8th Ave S.
P.O.Box 9718
Federal Way, WA. 98063
Phone: 253 -835-7000
Web: www.cityoffederalway.com
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DRAFT RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, CALLING FOR THE
ANNEXATION, BY ELECTION, OF THE CITY'S ENTIRE
POTENTIAL ANNEXATION AREA TO THE CITY OF
FEDERAL WAY, CONSISTING OF UNINCORPORA TED
TERRITORY LYING IN AN AREA GENERALLY EAST OF
EXISTING CITY OF FEDERAL WAY CITY LIMITS, SOUTH
OF S. 272nd STREET, WEST OF 55TH AVENUE S. AND 51sT
AVENUE S. AND NORTH OF S'. 321 ST STREET AND
EXISTING CITY LIMITS AND INCUDING PEASLEY
CANYON ROAD S. BETWEEN S. 321 ST STREET AND
PEASLEY CANYON WAY S. AND INCLUDING
UNINCORPORATED TERRITORY SOUTH OF HIGHWAY 18,
THEN FOLLOWING THE CITY'S EASTERLY POTENTIAL
ANNEXATION AREA BOUNDARY, THEN FOLLOWING THE
CITY'S SOUTHERLY POTENTIAL ANNEXATION AREA
BOUNDARY AND INCLUDING A PORTION OF THE STONE
CREEK SUBDIVISION AND THEN MEETING THE CITY'S
EXISTING EASTERLY BOUNDARY
WHEREAS, the City Council of the City of Federal Way, Washington, has determined that it
would be in the best interests and general welfare of the City of Federal Way and the annexing
area to annex the city's entire Potential Annexation Area (P AA) consisting of unincorporated
territory lying in an area generally East of existing city limits, South of S. 272nd Street, West of
55th Avenue S. and 5151 Avenue S. and North of S. 32151 Street and existing city limits and
including Peasley Canyon Road S. between S. 32151 Street and Peasley Canyon Way S. and
including unincorporated territory south of Highway 18, then following the city's easterly PAA
boundary, then following the city's southerly PAA boundary and including a portion ofthe Stone
Creek subdivision and then meeting the city's existing easterly boundary as legally described in
Exhibit "A" and depicted in Exhibit "B" attached hereto and incorporated by reference as if fully
set forth; and
Res. # _ Page 1
EXHIBIT 2
PAGE / OF 5
WHEREAS, the Growth Management Act and the King County Countywide Planning
.
Policies encourage transition of unincorporated urban and urbanizing areas within the P AA from
county governance to city governance; and
WHEREAS, financial analysis of revenues and costs for the annexation area indicate a net
annual operating deficit to the city of approximately 3 million dollars, but financial incentives
offered by Washington State and King County are projected to cover the operating deficit in the
10 years following annexation; and
WHEREAS, the annexation area is within the City of Federal Way's PAA; and
WHEREAS, the City Council has adopted the Federal Way Potential Annexation Area
Subarea Plan, as a component of the City's Comprehensive Plan, which. establishes
Comprehensive Plan and zoning designations for the proposed annexation area as well as general
land use policies; and
WHEREAS, the City Council Land Use/Transportation Committee considered the proposed
.
annexation at their meeting of May 1, 2006, May 15, 2006 and at the meeting of July 17, 2006
recommended to City Council to proceed forward with the annexation process; and
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS
FOLLOWS:
Section 1. Public Interest. The best interests and general welfare of the City of Federal Way
and the annexing area would be served by annexing the city's entire Potential Annexation Area
(P AA) consisting of unincorporated territory lying in an area generally East of existing city
limits, South of S. 272nd Street, West of 55th Avenue S. and 51 51 Avenue S. and North of S. 32151
Street and existing city limits and including Peasley Canyon Road S. between s. 32151 Street and
.
Peasley Canyon Way and including unincorporated territory south of Highway 18, then
Res. #_ Page 2
EXHIBIT
PAGE 2-
Z-
OF 5
.
.
.
following the city's easterly P AA boundary, then following the city's southerly P AA boundary
and including a portion of the Stone Creek subdivision and then meeting the city's existing
easterly boundary as legally described in Exhibit "A" and depicted in Exhibit "B" attached
hereto and incorporated by reference as if fully set forth.
Section 2. Voters. As nearly as can be determined the number of voters residing in the
aforesaid territory is 10,406.
Section 3. . Population. , Population of the annexation, area has been estimated based on
2000 census data with updates based on King County Assessor's data. The estimated population
for the proposed annexation is 20,152.
Section 4. Election. The City Council hereby calls for an election to be held pursuant to
Chapter 35A.14 RCW to submit to the voters of the aforesaid territory the proposal for
annexation.
Section 5. Zoning. All property located within the territory to be annexed shall,
simultaneous with the annexation, have imposed the City of Federal Way Comprehensive Plan
and zoning designations, prepared under RCW 35A.14.330, and depicted in the Federal Way
Comprehensive Plan.
Section 6. Cost of Election. The cost of said annexation election shall be paid by the City of
Federal Way and King County jointly.
Section 7. Resolution to be filed. The City Clerk shall file a certified copy of this resolution
with the King County Council and with the King County Boundary Review Board.
Section 8. Notice of Intention. The City shall also file with the King County Boundary
Review Board a Notice of Intention hereof as required by RCW 36.93.090 et seq.
Section 9. Minor Boundary Corrections. If after submittal of the Notice of Intention (N0l)
the Boundary Review Board does not accept the NO! and requires elimination of individual lots
Res, # _ Page 3
lEXHIBIT
PAGE 3
Z-
OF 5
or makes other minor modifications to the proposed annexation boundary, it shall not be
necessary to pass another initiating resolution to proceed forward with the modified annexation
boundary.
Section 10. 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 invalidi ty or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase ofthis resolution.
Section 11. Ratification. Any act consistent with the authority, and prior to the effective
date, ofthe resolution is hereby ratified and affirmed.
Section 12. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
Res. #_ Page 4
EXHIBIT
PAGE i
2
OF 5
.
.
.
.
day of
2004.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this
A TIEST:
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 5
CITY OF FEDERAL WAY
Mayor, Michael Park
~HIBI1._~_--.
PAGE 2_,.__OF ~_::__..
City of Federal Way
Proposed East Federal Way Annexation Area
Legal Description
February 2007
Those portions of Sections 3,.4, 9,10,14,15,21,22,23,26,27,28,33, and 34,
Township 21 North, Range 4 East, and Sections 33,34, and 35, Township 22
North, Range 4 East, Willamette Meridian in King County, Washington described
as follows:
Commencing at a point 580 feet, more of less, westerly of and 50 feet southerly
of the Northeast corner of the Northeast quarter of said Section 33, said point
also being on the City of Kent City Limits, as annexed under Kent City Ordinance
No. 3351, said point also identified as the southern right-of-way margin of South
272nd Street and easterly Limited Access Line of SR-5;
Thence in an easterly direction along said southern right-of-way margin of South
272nd Street to an intersection with the southerly right-of-way margin of South
272nd Way;
Thence in a southeasterly direction along said southerly margin of South 272nd
Way to an intersection with the northerly extension of the east right-of-way
margin of 55th Avenue South (aka Harry A. Abel Road, County Road #2515);
Thence in a southerly and southwesterly direction along said east margin of 55th
Avenue South to an intersection with the east line of the west half of the west half
of said Section 35;
Thence in a southerly direction along said east line to an intersection with the
north line of the south half of the southwest quarter of the southwest quarter
Section 35, Township 22 North, Range 4 East;
Thence in a westerly direction along said north line to the west right-of-way
margin of 55th Avenue South;
Thence in a southerly direction along said west margin of 55th Avenue South to
an intersection with the north right-of-way margin of South 288th Street;
Thence in a westerly direction along said north margin to an intersection with the
northerly extension of the westerly right-of-way margin of 51 st Avenue South;
Thence in a southerly direction along said northerly extension, the west margin of
said 51 st Avenue South, and the southerly extension thereof to an intersection
with the south right-of-way margin of South 304 th Street;
Page 1
EXHIBIT A fl)
PAGE / OF 5
.
.
.
f( 6S0
.
.
.
Thence in an easterly direction, 12.00 feet, more or less, along said south margin
of South 304th Street to the west right-of-way margin of 51 st Avenue South;
Thence in a southerly direction along said west margin of 51 st Avenue South a
distance of 250 feet;
Thence in an easterly direction perpendicular to said west margin of 51 st Avenue
South to the 'east right-of-way margin of 51 st Avenue South;
Thence in a southerly direction along said east margin of 51st Avenue South to
an intersection with the southeasterly right-of-way margin of South 321 st Street;
Thence in a southwesterly and westerly direction along the southeasterly and the
south margin of said South 321 st Street to an intersection with the easterly right-
of-way margin of South Peasley Canyon Road;
Thence in a southeasterly direction along said easterly margin to an intersection
with the northerly right-of-way margin of State Route 18 (P.S.H.No. 2);
Thence in an easterly direction along said northerly margin to an intersection with
the east line of said Section 15;
Thence in a southerly direction along said east line to the southerly right-of-way
. margin of relocated Peasley Canyon Road as described in Governor's Deed as
Parcel II, recorded under King County Recording Number 7308300450;
Thence in an easterly direction along said southerly margin to an intersection
with the east line of the west half of the west half of said Section 14;
Thence in a southerly direction along said east line to an intersection with the
north right-of-way margin of South 336th Street;
Thence in an easterly direction along said north margin to an intersection with the
City Limits of Auburn as annexed under Auburn City Ordinance No. 2543;
Thence in a southerly and easterly direction along said City Limits to an
intersection with the City Limits of Algona as annexed under Algona City
Ordinance No. 630;
Thence in a southerly direction along said City Limits to an intersection with the
south line of Lot 16, of Block 39, in the Plat of Jovita Heights, recorded in Volume
20 of Plats, Page 12, records of King County, Washington;
Thence in an easterly direction along said south line to an intersection with the
westerly right-of-way margin of 59th Avenue South;
Page 2
EXHIBIT A ,17> IC~>o)
PAGE 2- OF 5
Thence in a southerly direction along said westerly margin of 59th Avenue South
to the Northeast corner of Lot 6 of Block 83, in said Plat of Jovita Heights;
.
Thence in a westerly direction along the north line of said Lot 6, a distance of 100
feet, more or less, to an intersection with a line parallel to and 100 feet west of
the westerly right-of-way margin of 59th Avenue South;
Thence in a southerly direction along said parallel line, a distance of 225 feet,
more or less, to an intersection with the south line of Lot 8 of said Block 83;
Thence in an easterly direction along said south line to an intersection with the
westerly right-of-way margin of 59th Avenue South;
Thence in a southerly direction along said westerly margin of 59th Avenue South
to an intersection with the City Limits of Algona as annexed under Algona City
Ordinance No. 760;
Thence in a westerly direction along said City Limits to the Northwest corner of
that portion as annexed under Algona City Ordinance No. 760;
Thence continuing westerly along the centerline of South 360th Street as vacated
by Vacation Ordinance 5588 to the northerly extension of the easterly right-of-
way margin of 57th Avenue South;
.
Thence in a southerly direction along said northerly extension and along the
easterly margin of 57th Avenue South to the easterly extension of the south right-
of-way margin of South 360th Street;
Thence in a westerly direction along said easterly extension and along said south
margin of South 360th Street to the easterly right-of-way margin of 55th Place
South;
Thence in a westerly direction to the southeasterly corner of Lot 30 of Block 86,
in said Plat of Jovita Heights;
Thence in a northwesterly direction along the southerly line of said Lot 30 to the
southwesterly corner of said Lot 30, said corner being on the line common to
Lots 25 through 30 and 8 through 13 of Block 86, in said Plat of Jovita Heights;
Thence in a southwesterly direction along said common line to the southeasterly
corner of Lot 13 of Block 86, in said Plat of Jovita Heights;
Thence in a northwesterly direction along the southerly line of said Lot 13 to the
southeasterly right-of-way margin of 54th Place South;
Thence in a southwesterly and southeasterly direction along the southeasterly
.
Page 3
EXHIBIT !-\ -n fZp-5cJ
~AGE .3 OF 5
.
.
.
--~- I
and northeasterly margin of 54th Place South to the easterly extension of the
south right-of-way margin of South 360th Street;
Thence in a westerly direction along said easterly extension and along said south
margin of South 360th Street to an intersection with the easterly right-of-way
margin of 51 st Avenue South;
Thence in a southerly direction along said east margin to an intersection with the
easterly extension of the southerly right-of-way margin of South 360th Street;
Thence in a westerly direction along said easterly extension and the south
margin thereof to an intersection with the easterly right-of-way margin of Military
Road South;
Thence in a southwesterly direction along said easterly margin to an intersection
with the north line of the south half of said Section 34,Township 21 North, Range
4 East;
Thence ina westerly direction along said north line and along the north line of the
south half of said Section 33, Township 21 North, Range 4 East, to an
intersection with the southwesterly right-of-way margin of Enchanted Parkway
South (SR-161);
Thence in a northwesterly direction along said southwesterly margin of
Enchanted Parkway South (SR-161) to ~he northeasterly corner of Lot 14 of the
Plat of Stone Creek recorded in Volume 211 of Plats, Page 93 thru 98, records of
King County, Washington;
Thence in a southwesterly direction along the northwesterly line of said lot 14 to
the northeasterly right-of-way margin of 27th Place South;
Thence in a southeasterly direction along said northeasterly margin of 27th Place
South to the north line of the south half of said Section 33;
Thence in a westerly direction along said north line to the southwesterly right-of-
way margin of 27th Place South;
Thence in a northwesterly direction along said southwesterly margin of 27th
Place South to the northeasterly corner of Lot 3 of said plat of Stone Creek;
Thence in a westerly direction along the northerly line of said lot 3 to the
northwesterly corner of said Lot;
Thence in a southeasterly direction along the westerly line of said Lot 3 to the
north line of the south half of said Section 33;
Page 4
~XH~BU1r A p ~c/
PAGE L( OF 5
Thence in a westerly direction along said north line to the City Limits of Federal
Way as annexed under Federal Way City Ordinance No. 04-480;
.
Thence in a northerly and northwesterly direction along said City Limits to an
intersection with the City Limits of Federal Way as annexed under Federal Way
City Ordinance No. 98-311;
Thence in a northwesterly direction along said City Limits to an intersection with
the City Limits of Federal Way as annexed under King County Ordinance No.
8779;
Thence in a northeasterly direction along said City Limits to an intersection with
the City Limits of Federal Way as annexed under Federal Way City Ordinance
No. 94-220;
Thence in an easterly, southeasterly, and northeasterly direction along said City
Limits to an intersection with the City Limits of Federal Way as annexed under
Federal Way City Ordinance No. 04-479;
Thence in a northeasterly, northwesterly, and westerly direction along said City
Limits to an intersection with the City Limits of Federal Way as annexed under
Federal Way City Ordinance No. 94-220;
Thence in a northerly and westerly direction along said City Limits to an
intersection with the City Limits of Federal Way as annexed under Federal Way
City Ordinance No. 98-332;
.
Thence in a northerly, easterly, northerly, and westerly direction along said City
Limits to an intersection with the City Limits of Federal Way as annexed under
Federal Way City Ordinance No. 99-358;
Thence in a northerly and southwesterly direction along said City Limits to an
intersection with said City Limits of Federal Way as annexed under Federal Way
City Ordinance No. 98-332;
Thence in a southwesterly, southerly, westerly, southerly, and westerly direction
along said City Limits to an intersection with the City Limits of Federal Way as
annexed under King County Ordinance No. 8779;
Thence in a northe'rly direction along said City Limits to the point of beginning.
.
Page 5
EXHIBIT A 'f'[) {2;;:5D
PAGE S OF ~
~;...
City of
Federal Way
East Federal Way
Annexation
Legend
o East Federal Way Annexation Area
I;~[ Unincorporated King County
r:~'1lncorporated Area
This map is intended for use as a graphical
representation only, The City of Federal Way
makes no warranty as to its accuracy,
Map Date: January 2007
City of Federal Way
GIS Division
33325 8th Ave S,
P.O,Box 9718
Federal Way, WA, 98063
Phone: 253-835-7000
Web: www.cityoffederalway.com
o
-
l~
N
1,250 2,500
5,000
-Feet
\\erike\cxl\paa\2006\Area.mxd
Vicinity Map
.....t1. ..,.....C1;I~,,~t,.,'>i,,:}:;I>:: ....'.'.;,';;i
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13 10 /IF-50
PAGE
OF
Exhibit 3
Annexation Packet from
July 17, 2006 LUTe Meeting
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COUNCIL MEETING DATE: ~ ~ T '3 D
'''---''---'----'----''-------''-''_'''"'___''__' "-'''.__'__''__'''''''__'''' __,,_____'__'_'n___,__--::~...4.::-''''--,--_,_,,-------,,----,,-..,-,_", ,.,_,,'., "_,,, ",,_, ..__""'__""_,___,__,_,,.,__,"',,,,____,
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #:
SUBJECT: ANNEXATION OF ENTIRE POTENTIAL ANNEXATION AREA
POLICY QUESTION:
SHOULD THE CITY PROCEED WITH AN ANNEXATION APPLICATION TO THE BRB FOR THE ENTIRE P AA AREA TO
TAKE ADV ANT AGE OF THE RECENT STATE PROVISION FOR A TEMPORARY SALES TAX CREDIT AND THE OFFER
LETTER FROM KING COUNTY?
COMMITTEE: LUTC
MEETING DATE: July 17, 2006
CATEGORY:
DlI Consent
o City Council Business
Ordinance
bZJ Resolution
o
o
Public Hearing
Other
STAFF REpORT By: KATHY MCCLUNG, COMMUNITY DEVELOPMENT
DIRECTOR
DEPT: Community Development
.
The Council last discussed annexation at the May 15, 2006 LUTC meeting and directed staff
to follow up on some outstanding issues with King County and Milton. The results of those
contacts are attached in the staff report dated July 10, 2006.
Attachments:
1: April 27, 2006 staff report with following attachments:
A- Preliminary General Government Financial Impact from P AA
B- Conceptual Timeline
C- Stone Creek Boundary Map
D- Map ofPAA
E- Updated Draft Resolution
2. May 16,2006 Supplemental Annexation Financing Memo
3. Letter from Executive Ron Sims dated June 21, 2006
Options Considered:
1) Initiate annexation process of the entire remaining PAA, utilizing the election method of
annexation.
2) Do not initiate any portion of the P AA at this time.
. -------------,,-,,-----,-,--------------,---------,------'-_._,,-,,---,----,,-------,-,,-,,-------,--,,-,,----,,--,,-"",-,-",,-,-,,--,,--,--------
STAFF RECOMMENDATION: Re mend Option 1
CITY MANAGER ApPROVAL:
DIRECTOR ApPROVAL: ~
Comminee
Council
Committee
Council
COMMITTEE RECOMMENDATION: RECOMMEND APPROVAL OF INITIATING THE ANNEXATION PROCESS OF THE
ENTIRE PAA, UTILIZING THE ELECTION METHOD OF ANNEXATION.
Committee Member
PROPOSED
process of t
OUN IL MOTION: "1 move approval of the LUTe recommendation for initiating the annexatiOIl
e ire P AA utilizing the election method of annexation. ..
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLED/DEFERREDINO ACfION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/0612006
COUNCIL BILL #
1sT reading
Enactment reading
ORDINANCE #
RESOLUTION #
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Memorandum
TO:
Land use & Transportation Committee
From: Kathy McClung, Community Development Services Director
VIA: Derek Matheson, Interim City Manager
Date: July 10,2006
RE: P AA Annexation contacts with King County and Milton
Staff contacted King County regarding what contribution they could make to
help make up the city's deficit should the city decide to move forward on an
annexation initiative. Federal Way staff and two council members have met
with the King County Executive and King County staff, and King County has
prepared a letter of offer to the city as an incentive to proceed with annexation
efforts.
The offer includes $3,500,000 of one-time money once a successful election
for the entire annexation area is completed and $25,000 of outreach costs and
one half of the annexation election costs. The staff has some resolvable
concerns with the offer and will continue discussions with county staff. The
letter from Ron Sims, County Executive, is attached for your reference.
City staff also met with Mayor Asay of Milton, the Milton Interim City
Administrator and Planning Director. The issue is regarding the developed plat
of Stone Creek which is all within the unincorporated area of King County, but
has been split between the Potential Annexation Area (P AA) of Milton and
Federal Way. Three lots are in both PAA's. The King County Boundary
Review Board has advised us that this issue must be resolved prior to
annexation to either jurisdiction.
There are approximately 33 lots entirely in the Federal Way PAA and 10 lots
entirely in the Milton PAA plus the three lots that are in both. Existing access
to all the lots are by S 376th which is in the Milton PAA. However, there is a
future access plarmed on 26th S. to Enchanted Parkway. The Milton
representatives are resistanno give up any lots within the plat to Federal Way
and would prefer to have Federal Way adjust the PAA boundary to include all
the lots within the Milton PAA.
There are three alternatives. 1) To include the e,ntire PAA within Federal Way
2) To include the entire PAA within Milton and 3) To make a slight adjustment
to move the split lots into one jurisdiction or the other. The best optio!1 from a
. planning standpoint is to include the plat within one jurisdiction. Federal Way
makes the most sense from a long-term service standpoint. The plat is served
by the South King Fire and Rescue, the Federal Way School District an<;l
Lakehaven Utility District, all in Federal Way. Police service would be closer,
in terms of miles, from Milton. The loss of three lots or even the whole plat
may not be significant in terms of population or revenue gain or loss. Staff is
making an effort to contact the residents in this area to see if they have a strong
preference.
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~
CITY OF ~ ~
Federal Way
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
To:
April 27, 2006
Land Useffransportation Committee (LUTC)
Derek Matheson, Interim City Manager
Kathy McClung, CDS Director
Isaac Conlen, Associate Planner
Iwen Wang, MS Director
VIA:
FROM:
SUBJECT:
PAA ANNEXATION
BACKGROUND
The City's PAA, located entirely east of 1-5, is approximately 4,400 acres with an estimated population of
20,152. Recently adopted legislation authorizes a new source of revenues for cities that complete large
annexations. King County supports annexation of this area to the City. See attached Exhibit A for
additional fiscal analysis.
DISCUSSION
Timeline
If we begin the annexation process immediately, a late spring election date may be achievable depending
on the length of Boundary Review Board (B'RB) review!. An exact timeline cannot be produced because
some aspects of the process (e.g. BRB review, Federal Way/Milton PAA boundary issue) are outside of
the City's control. However, a conceptual time line flowchart is attached as Exhibit B.
Public involvement/education will also be a major component of the process and will begin early in the
process. Public involvement/education methods include direct mailings, newsletters, web and public
television updates, announcements, and informational public open houses.
P AA Boundary Discrepancy
As you may recall, while processing the Parkway annexation in 2004, we discovered that the County had
approved a subdivision called Stone Creek which is partially situated within the P AA of both Federal
Way and Milton (see Exhibit C). The effected properties were eliminated from the Parkway annexation
so that the annexation could move forward. Resolution of this issue will be necessary if this southern
portion of the P AA is included in an annexation proposal.
One-Time Annexation Costs
The cost to process an annexation of this size is noted in the following table. These costs are estimates at
this point in time and assume annexation of the entire P AA.
Cate or
Election Cost
Descri tion
Cost paid to County for election ballots and voter
pam hlet re aration and distribution
Cost
$10,200
I Assuming election method of annexation initiated by resolution.
Category Description Cost
Staff Resources Staff resources to prepare annexation materials, staff $61,000
meetings, host open houses, respond to questions, (a portion of planner
update web site, administer census, etc. salary is paid through
* .5 FTE (Planner) l2,months approved carry forward
* .25 FTE (combination Public Works, Parks, funds)
Finance, Police, & Admin) 12 months
Post Annexation Census Door-to-door census required after annexation $118,000-$140,0002
Miscellaneous BRB application fee, cost of legal descriptions, $19,000
mailing, copying, publishing, etc
Total $208,200 - $230,200
.
Population
As noted above, total population is estimated at 20,1523. The table below breaks down the estimated
population by PAA subarea (see Exhibit D, Estimated Population Map).
Subarea
Star Lake
Camelot
Lakeland
Parkway
Jovita
Population
Estimate
4,078
8296
3,017
3,569
1,192
TOTAL 20,152
FISCAL ANALYSIS
.
A. Overview
The 2003 Annexation Feasibility Study ("Study") summarized the City's PAA in three larger areas:
the NE PAA, the SE PAA, and the Redondo PAA with total estimated housing units of 7,622 and a
population of 21,500. In the fall of 2003, Redondo, North Lake (in NE PAA), and portions of
Parkway (in the SE P AA) voted to annex. These three neighborhoods, combined, were estimated to
have 788 housing units with a population of approximately 1,800. The post-annexation ce'nsus
revealed actual numbers of 1,219 housing units and a population of 2,730. The difference is
primarily due to a large, new residential development in the North Lake subarea.
After the 2003 annexation, the remaining
PAA area corisists of five subareas: Star
Lake and Camelot remaining in the NE
P AA with an estimated total of 4,117
housing units and a population of 12,375. Lakeland (part of Parkway), and Jovita remain in the SE
PAA with 2,938 estimated housing units and a population of 7,778. Combined, these areas have an
estimated total of7,055 housing units and a population of20,152.
1 Costs of census vary by time of year. A winter census would be the most expensive and may result in lower counts.
JEstimated population was computed by I) establishing the estimated number of existing dwelling units in each Subarea &
Census Tract using the data from the King County Assessor records, 2) estimating the number of occupied units using the
vacancy rate from 2000 Census data, 3) Subtracting the number of vacant units from the number of total dwelling units, 4)
multiplying the resulting number of units by the average household size, again from the 2000 census.
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Page 2
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B.
Operatin2 Revenues and Expenses
Overall, the general governmental operating revenues and expenses show there will be, substantial
operating deficits to annex the two areas becailse they are predominantly residential in character.
The per capita revenue is slightly higher in the NE PAA due to the slightly higher average assessed
value of homes in this area. At the same time, the per capita operating cost is higher in the SE P AA
due to the three large scale active parks (Lake Geneva, Five Mile Lake Park, and the ball fields)
requiring substantial
maintenance versus the
two passive open
spaces/parks in the NE
P AA that require fewer
resources to maintain.
Item NE P AA SE P AA Combined
Total Operating Revenue
Total eratin Cost
Opera tin Deficit
Per Capita Revenue
Per Ca ita Ex enses
A detailed revenue and erating Deficit
expenditure estimate is attached as Exhibit A.
$4,193,124
(7,199,224)
$(3,006,100)
$ 208
(357
$ (149)
$2,549,784
4,205,599)
$ 1,655,815)
$ 206
340)
(134)
$
$
c.
Capital Sources and Needs
On the capital side, the combined areas would need nearly $10 million in service-level-related
transportation improvements to bring a number of intersections up to City standards; they will also
need nearly $ 18 million in neighborhood parks, open spaces, and most of all trails to meet the City's
Park Plan goals. The Parks' capital cost is lower than the Study suggested due to two changes in
assumption used here:
1. We assume the annexation in ifself does not affect the demand on the Community Center
space. This is due to the population in the PM is already, or will be, using the City's facility
regardless of whether or not the area is annexed.
2. We also assume the community parks can serve a population beyond the sub-PAA area. The
Study calculates community park requirements independently by subareas; therefore the SE
P AA has a surplus of community parks while the NE P AA has a deficit. When the two areas
are combined, the community parks acreage meets City standards.
The Capital Needs table
shows annualized capital
needs using the above total
capital costs as a base and
spreads them over a IS-year
period using an inflation
factor of 3.5%. In addition
to the capital improvements, .
the assumption is that an annual pavement maintenance program will be maintained using the street
overlay program funding sources available from the area. This may not be sufficient to bring the road
surface conditions to the same rating of existing City streets. The capital resources include 50%
estimated utility tax revenues, arterial street and new fuel taxes, and REET expected from the area.
Based on these assumptions, the combined P AA area shows an annualized capital funding deficit of
around $1.4 million.
Capital Needs NE P AA SE P AA Combined
Annual Capital Sources $638,558 $909,565 $1,548,122
Annualized Park Capital (over 15 yrs) (841,335) (690,693) ( 1,532,028)
Annualized Street Capital (over 15 yrs) (578,689) (271,676) (850,365)
Annual Pavement Maintenance (215,168) (308,893) (524,061)
Annual Capital Surplus (Deficit) $(996,635) $(361,697) $(1,358,332)
While the capital deficit is substantial, the Council does have substantial discretion and control in the
timing and amount of many of these capital investments.
Page 3
D. Effect of SSB 6686
The phenomena of operating and capital investment deficits is very consistent with what we have
seen in findings from other communities that have completed annexation feasibility analyses. The
financial deficit that cities would inherit with large annexations has been one of the major deterrents
in achieving these annexations as envisioned by the Growth Management Act. Substitute Senate Bill
6686, enacted by the 2006 Legislature, attempts to address this concern by allowing a limited new
local option sales tax that is offset by a state sales tax credit (thus there is no impact on consumers) to
mitigate the deficits and encourage annexations.
.
Specifically, effective June 7, 2006, the bill allows a city to levy to up to 0.1 % sales tax for an
annexation between 10,000 and 20,000 populations, and up to 0.2% sales tax for annexations with a
population greater than 20,000 or more. The local option tax and subsequent tax credit payment is
made at the beginning of each state fiscal year (July I) starting in 2007 and the local tax can only last
up to ten years from the time the city first imposes the tax. The tax credit will be effective on July 1st
of the fiscal year subsequent to the year the annexation takes place. This tool is only available to
cities in King, Snohomish and Pierce courities, excluding Seattle; is only available to those
jurisdictions which annex sufficiently large populations; and it is only available for those annexations
which commence prior to January I, 2010.
There are a couple of areas where we need to get additional clarity as to how the bill will be
interpreted. For instance, it is not clear how the timeline will work from the annexation, to a city's
imposition of the tax, the notification to the Department of Revenue (DOR), and the first actual tax
distribution. It is also unclear if the City could impose the tax before an annexation actually occurs
(SSB 6686 requires a city to commence the annexation - we assume this is defined by the adoption of
a resolution). Lastly, it is not entirely clear whether the '~up to ten years" timeline in the legislation
begins with the date the City enacts the tax and ends ten years later or begins from the first tax
distribution. We are part of a cities group that has asked to meet with the Department of Revenue on
technical questions surrounding SSB 6686 - and we expect that meeting to occur in mid-to-late May.
.
Eligible Costs
The revenue generated from the local sales tax is to provide, maintain, and operate municipal services
for the annexation area. While this language is not an outright prohibition of capital investments, the
expressed intent of the legislation is to focus expenditures on operations, maintenance, and associated
startup capital costs. There have been a significant number of discussions - a few of which helped
persuade the Governor to ultimately sign SSB 6686 into law - that lead us to conclude our city and
others would be safest to stay within this narrower definition of eligible expenditures. Additionally, it
is expected that the Governor's office will pursue 2007 legislation to add reporting and accountability
requirements to the provisions of law in SSB 6686.
Amount of Sales Tax Credit
Because this is a local option tax, the tax will be based on the whole city's taxable sales, not just those
in the newly annexed areas. Using the City's sales tax revenue collection of $11.5 million in 2005,
that is $1.4 million on 0.1 % or $2.8 million for the 0.2% of sales tax. This is the maximum amount
the City may receive. The actual revenues will only be for the amount necessary to fill the financial
gap in the annexation area. The City is required to make annual estimates for the upcoming gap and
notifY DOR by March I each year for the next fIscal year's distribution. Once the revenue collected
bridges the gap, the City must notify DOR to suspend the distribution for the remainder of that year.
With the population in the PAA very close to the 20,000 threshold, there is a possibility that the City
would not be eligible to receive the full 0.2% sales tax credit. However, with the law being narrowly
constructed to assist certain cities that act within a certain time period, this is a window of opportunity
for the City to receive substantial assistance to mitigate the operating deficits even if the credit
.
Page 4
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amount is only at 0.1 %. The ten-year period is also a reasonable timeline for a community to
stabilize services in the newly annexed area and to take necessary actions to address option deficits.
E.
Net Deficit with SSB 6686
With the updated population estimate for the P AA at 20,152, the City could pursue annexing the
whole remaining P AA area. The $2.8 million from the 0.2% sales tax would substantially cover the
projected $3 million operating deficits. However the updated population estimate is just that - an
estimate based on certain 'assumptions, and the 152 over 20,000 is an extremely narrow margin for
any assumption errors. Should the actual population fall below the required 20,000 as determined by
the post annexation census, the new sales tax the City may receive would only be $1.4 million or
0.1 %; and leaving the City with a gap of $1.7 million a year. It may be worthwhile for the City to
conduct a pre-annexation census to get more certainty regarding the actual population in the area
because of the financial risk involved. It is important to remember that populations change
throughout the year; even a pre-annexation census does not guarantee the same result as a final
census.
Alternatively, the City could pursue annexation of a portion of the P AA with sufficient population to
meet the 0.1 % sales tax eligibility. Using the NE P AA as an example, it has an estimated population
of over 12,000, with a baseline projected deficit of $ \.71 million, and thus the deficit could be largely
offset by the $1.4 million through a 0.1% sales tax credit payment. However, this would leave a
substantial portion of the PAA, with a population of nearly 8,000, unannexed. Unless the City decides
not to ever annex this area at all, we would face the financial challenge sooner or later as it is unlikely
the area will break even financially in the foreseeable future. Further, it is extremely unlikely that the
financial assistance provided under SSB 6686 will remain available indefinitely.
OPTIONS
Options Positives Ne~atives
1. Initiate the This option would: This option would:
annexation process a) Achieve local, regional and state-wide a) Result in a long-term
for the entire planning and public policy objectives and deficit with regard to
remaining P AA, goals related to annexation operational costs versus
utilizing the b) Maximize collection of tax revenues revenues in the annexed
election method of available under authority recently granted to area
annexation. cities that annex areas containing large
populations
c) Allow local control of development standards
in the P AA where current development
patterns affect the City's levels of service
2. initiate the This option would: This option would:
annexation process a) Work towards achieving local, regional and a) Result in a long term
for only a portion state-wide planning and public policy deficit with regard to
of the PAA, such as objectives and goals related to annexation operational costs vs.
the Star Lake and b) Collect a portion of temporary tax revenues revenues in the annexed
Camelot subareas, available under authority recently granted to area
utilizing the cities that annex areas containing large b) Would not maximize
election method of populations the City's ability to
annexation. c) Allow local control of development standards collect tax revenues
in the P AA where current development available under
patterns affect city levels of service authority recently
granted to cities that
annex areas containing
Page 5
Options Positives Negatives
a large population
c) Likely make annexation
. of the remaining PAA
not included in the
current proposal more
difficult, when initiated
at some future time.
3. Do not initiate This option would: This option would:
annexation of any a) Not result in an operating deficit a) Not achieve local,
part of the P AA at regional and state-wide
this time. planning and public
policy objectives and
goals related to
annexation
b) Preclude the City's
ability to collect tax
revenues available
under authority granted
to cities who annex
areas containing large
populations
c) Not allow local control
of development
standards in the P AA
where current
development patterns
affect the City's levels
of service
STAFF RECOMMENDATION
After considering the positives and negatives of each option, staff recommends approving Option 1.
EXHIBITS:
A. Preliminary General Government Financial Impact from Potential Annexation
B. Conceptual Time-Line
C. Stone Creek Boundary Exhibit
D. Estimated Population Map by Subarea
E. Initiating Resolution
Page 6
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Preliminary PM General Govt Operating Estimates
Item NE PAA SE PAA Total
Unit $ Unit $ Unit $
Housing UniVAverage AV 4,117 166,470 2,938. 157,987 7,055 162,229
Population 12,375 7,778 20,152 -
Facilities in area Acres Es Mnt Hrs Acres Es Mnt Hrs Acres Es Mnt Hrs
Parks 34.80 180 74.72 7.476 109.52 7,656
Bigaman Pk, passive 16,72 122 16.72 122
Camelot Pk, passive 18,08 58 18.08 58
Lk Geneva Pk, active 18.64 1,521 18.64 1,521
5M Lake 31.71 2,451 31.71 2,451
Ball Field 24.37 3,504 24.37 3,504
PW (GG portion only)
Signaled Intersections count 15.00 count 2,00 17.00
Street Lights 100% 561.00 100% 190.00 751.00
Road Miles 100% 46.45 88% 25.41 71.86
'perating 1m act
NE PAA SEPAA Combined
GG Operating Revenue Per Capita Total
Property Tax, Proj. levy rate 1.22 836,134 1.22 566,284 1.22 $ 1 ,402,418
State Shared (w/o Art St Fuel) 25.23 312,250 25.23 196,254 25.23 508,504
CJ Sales, per capita 20.98 259,607 20,98 163,167 20.98 422,774
Local Sales - 107,649 - 67,659 8.70 175,308
Utility Tax, 50% 122,73 509,938 122.73 320,504 122.73 830,442
Fines & Forefetures - 106,643 - 67,027 8.62 173,670
Building Permtis - 121,734 - 76,512 9,84 198,246
Franchise, 60% of HH 29.55 219,368 29.55 137,876 29,55 357,244
Development Svs - 39,237 - 24,661 3.17 63,897
Rec Fees - 23,140 - 14,544 1,87 37.683
Zoning - 7,042 - 4,426 0.57 11,469
Gambling Tax - - . - - -
BL, number of businesses 140.00 7,042 113.00 4,426 11,469
Total GG Revenue 2,549,784 1,643,340 232.47 $ 4,193,124
GG Operating Exp FTE Cost
Council - 27,727 - 17,427 - $ 45.154
CM 0,30 63,986 0.26 40,216 0.56 104,202
Court 1.41 141,835 1,31 89,146 2.72 230,981
Community Development 3.02 318,863 1.92 200,410 4.94 519,273
Law 0.50 67,185 0.44 42,227 0.94 109,412
Prosecution 0.50 68,252 0.52 42,897 1.03 111,149
MS 2.41 194,090 2.18 121,989 4.60 316,079
PK 0.50 58,654 3.32 387,204 3.82 445,858
PS 18,56 2,188,980 11.67 1,375,809 30.23 3,564,789
PW 4.33 1,076,028 2.27 676,300 6.60 1,752,328
Total OperatinQ Costs 31.54 4,205,599 23.90 2,993,625 55.44 $ 7.199,224
Net Revenue (Loss) (1,655,815' (1,350,285 $ (3,006,100)
Per Capita Net Revenue (Loss) (134 ' (174\ (149)
o
0.1 % Sales Tax based on current taxbase =
0.2% Sales Tax based on current taxbase =
$ 1,388,235
$ 2,776,471
Update Assumptions:
1. Property tax revenue assumes 15% property value increase over the past 3 years and by applying 2006 levy rate
2,10% general cost inflation for PS and 6% for all other GG services over 3 years
3, Change PS total staffing/population ratio to 1.5 FTE/1000 population from 1.25/1000. Current actual = 1.67/1000.
5. Assume 50% of utility tax is available for M&O
6, Assume Arterial Street Fuel Tax not available for M&O
7. PW data. excludes SWM and SWR
8. % of PWs asset inventory = area hh/total subarea hh
9. SWM deficit is projected at:
K:\ANNEX\200612006 annex Sludy,xls whole new pop
EXHIBIT
PAGE ·
A
'"
DE ,
1 of 1
:XHIBIT~
=>AGE , OE....l
Preliminary Annexation Time Line
Initiate discussion ofboundaty issue with Milton
(May 4, 2006)
.
Initiate public outreach/education
(June 12,2006 - ongoing)
Initiate annexation(s) by Council Resolution
Resolve Milton boundary issue (end of August?)
File with Boundary Review Board (BRB)
( -,
BRB Review - jurisdiction not invoked BRB Review - jurisdiction invok
45-day review period [20 days or more
- , (Unknown)
~
Council sets election date at next Council
meeting
" Council sets election date at next
Council meeting
(Unknown - likely lan/Feb 2007 bu
could be longer)
Election "- Election
Minimum of 60 days from date council Minimum of 60 days from date Coune
sets election sets election
(Any scheduled election after Dec 22, (Date unknown - depends on length (
2006 - Opportunities in Feb, Mar, Apr, BRB review)
May, Sept and Nov, 2007
~ ~
Reciept of official election results from Reciept of official election results fro\
County County
(Date unknown - depends on election (Date unknown- depends on electiol
date chosen) date chosen)
~
City Council approves annexation by City Council approves annexation b
ordinance ordinance
(next Council meeting - date unknown) (next Council meeting - date unknow
~ ~
Conduct door-to-door census Conduct door-to-door census
(Timing unknown) (Timing unknown)
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Population (North):
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! City of
Federal Way
Potential
I Annexation Area
.
I Annexation
I Area Estimated
I Population Map
legend
City limits
Community level Subareas
Camelot
Jovita
lake I and
Parkway
Star lake
Notes on Methodology:
Estimated population was computed by 1) establishing
the estimated number of existing dwelling unils in each
Subarea & Census Tract using the data from the King
County Assessor records. 2) estimating the number of
occupied units using the vacancy rate from 2000
Census data, 3) Subtracting the number of vacant units
from the number of total dwelling units, 4) multiplying the
resulting number of units by the aver age household size,
again from the 2000 census,
.
Any variation in the vacancy rate, average household
size or number of existing units could affect the
estimated population,
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Map Dale: December, 2005
City of Federal Way,
33325 Bin Ave S,
PO Box 9718
Federal Way. WA 9B063
(253) 835-7000
www.dtyoffederalway.com
Please Note,
This map is intended for use
as a graphical representalioo
ONLY. The City of Federal
way makes no warranty
I as to ils accuracy,
.
A Federal Way
c:lmikeslgislstandardlpaazone,mxd
.
.
.
DRAFT RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, CALLING FOR THE
ANNEXATION, BY ELECTION, OF THE CITY'S ENTIRE
POTENTIAL ANNEXATION AREA TO THE CITY OF
FEDERAL WAY, CONSISTING OF UNINCORPORATED
TERRITORY LYING IN AN AREA GENERALLY EAST OF
EXISTING CITY OF FEDERAL WAY CITY LIMITS, SOUTH
OF S. 272nd STREET, WEST OF 55TH AVENUE S. AND 51sT
AVENUE S. AND NORTH OF S. 321sT STREET AND
EXISTING CITY . LIMITS AND INCUDING
UNINCORPORATED TERRITORY SOUTH OF HIGHWAY 18,
THEN FOLLOWING THE CITY'S EASTERLY POTENTIAL
ANNEXATION AREA BOUNDARY, THEN FOLLOWING THE
CITY'S SOUTHERLY POTENTIAL ANNEXATION AREA
BOUNDARY AND INCLUDING THE STONE CREEK
SUBDIVISION IN IT'S ENTIRETY AND THEN MEETING
THE CITY'S EXISTING WESTERLY BOUNDARY
WHEREAS, the City Council of the City of Federal Way, Washington, has determined that it
would be in the best interests and general welfare of the City of Federal Way and the annexing
area to annex the city's entire Potential Annexation Area (P AA) consisting of unincorporated
territory lying in an area generally East of existing city limits, South of S. 272nd Street, West of
53rd Avenue S. and 5151 Avenue S. and North of S. 32151 Street and existing city limits and
including unincorporated territory south of Highway 18, then following the city's easterly P AA
boundary, then following the city's southerly P AA boundary and including the Stone Creek
subdivision in its entirety and then meeting the city's existing westerly boundary; and
WHEREAS, the Growth Management Act and the King County Countywide Plarming
Policies encourage transition of unincorporated urban and urbanizing areas within P AA from
county governance to city governance; and
WHEREAS, the annexation area is generally within the City of Federal Way's PAA; and
Res. # _ Page I
EXHIBIT S
PAGE / OF.5
"
WHEREAS, financial analysis of revenues and costs for the annexation area indicate a net
operating deficit to the City of Federal Way in the amount of approximately 3 million dollars;
and
WHEREAS, the City Council Land Use/Transportation Committee considered the proposed
annexation at their meeting of May I, 2006 and at the meeting of July 17, 2006 recommended to
City Council to proceed forward with the annexation process; and
WHEREAS, the City Council has adopted the Federal Way Potential Annexation Area
Subarea Plan, as a component of the City's Comprehensive Plan and which establishes
Comprehensive Plan and zoning designations for the proposed annexation area as well as general
land use policies; and
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS
FOLLOWS:
Section 1. Public Interest. The best interests and general welfare of the City of Federal Way
and the annexing area would be served by annexing the city's entire Potential Annexation Area
(P AA) consisting of unincorporated territory lying in an area generally East of existing city
limits, South ofS. 272nd Street, West of 53rd Avenue S. and 51st Avenue S. and North ofS. 321st
Street and existing city limits and including unincorporated territory south of Highway 18, then
following the city's easterly P AA boundary, then following the city's southerly P AA boundary
and including the Stone Creek subdivision in its entirety and then meeting the city's existing
westerly boundary as described in Exhibit "A" attached hereto and incorporated by reference as
if fully set forth.
Section 2. Voters. As nearly as can be determined the number of voters residing in the
aforesaid territory is _'
Res: # '--- Page 2
EXHIBIT
PAGE 2-- OF
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.
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Section 3. Population.
Population of the annexation area has been estimated based on
2000 census data with updates based on King County Assessor's data. The estimated population
of the northeast PAA is 12,415. The estimated population of the Southeast PAA is 8,096. The
estimated population for the entire proposed annexation is 20,510.
Section 4. Election. The City Council hereby calls for an election to be held pursuant to
Chapter 35A.14 RCW to submit to the voters of the aforesaid territory the proposal for
annexation.
Section 5. Taxation and Indebtedness. There shall be submitted to the electorate of the
territory sought to be annexed a proposition that all property located within the territory to be
annexed shall, upon annexation, be assessed and taxed at the same rate and on the same basis as
property located within the City of Federal Way is assessed and taxed to pay for all or any
portion of the outstanding indebtedness of the City of Federal Way, which indebtedness has been
approved by the voters, contracted for, or incurred prior to or existing at, the date of annexation.
Section 6. Zoning. All property located within the territory to be annexed shall,
simultaneous with the annexation, have imposed the City of Federal Way Comprehensive Plan
and zoning designations, prepared under RCW 35A.14.330, and depicted in the Federal Way
Comprehensive Plan.
Section 7. Cost of Election. The cost of said annexation election shall be paid by the City of
Federal Way and King County jointly.
Section 8. Resolution to be filed. The City Clerk shall file a certified copy of this resolution
with the King County Council and with the King County Boundary Review Board.
Section 9. Notice of Intention. The City shall also file with the King County Boundary
Review Board a Notice of Intention hereof as required by RCW 36.93.090 et seq.
Res. # _ Page 3
EXHIBIT ~ p
DAnw: .:s OF..5
~
Section 10. 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 11. Ratification. Any act consistent with the authority, and prior to the effective
date, of the resolution is hereby ratified and affirmed.
Section 12. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
Res. #_ Page 4
EXHIBIT
DA~I= 4
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2004.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHfNGTON, this
day of
A TIEST:
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 5
CITY OF FEDERAL WAY
Mayor, Michael Park
EXHIBIT
PAGE 5
't:=-
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City of Federal Way
Memorandum
Date:
To:
From:
Via:
Subject:
May 16, 2006
LUTC
Iwen Wang, Management Services Director
Derek Matheson, Interim City Manager
Supplementill Information Regarding Annexation Financing
.As indicated in. the Annexation staff memo dated April 27, there are a number of areas lacks
clarity in the 2006 session law on Annexation Financing and staff from various cities were to
meet with DOR to clarify the intents and interpretations. Staff from Renton, Kirkland, Burien,
and Federal Way met with staff from OOR on May 11 and received better understanding of how
DOR interprets the law. The purpose of this memorandum is to provide Council with important
points discussed and clarified at this meeting. Due to the newness of this law, DOR staff
emphasized that information provided at this time should be considered preliminary.
Again, the 5586686 provides financial assistance in form of local options sales tax offset by a
state sales tax credit for large annexations in Snohomish, King, and Pierce counties
commencing before January 1, 2010.
1" Eliqible Annexation:
Eligibility will be based on population regardless if the annexation is a geographically
contiguous area or not.
2. Amount:
For annexation contains more than 10,000 populations, the tax credit is 0.1%; and for
annexations with 20,000 or more in populations, the tax credit is 0.2%. The 0.1% for each
10,000 population annexed could be additive, UP to the 0.2% maximum. Therefore two
separate annexations of more than 10,000 populations each would allow a total of 0.2%
sales tax credit.
Again, the above tax rates set maximum assistance a jurisdiction may receive. The actual
credit will be based on actual funding gap in providing services in the newly annexed area
up to the maximum.
3. Population Count:
The population for tax eligibility will be based on the population at the time city adopts
resolution of intent to and commenCing the annexation. Typically this would only be an
estimated population, no actual census is required. A different result from a post
annexation censes will not change the amount eligible.
4. lO-year Period:
The 1 a-year tax credit period will start when the city first impose the tax. Therefore if a city
decides to complete the annexation over a 3 year period with 3 eligible separate
!S5i.thyJ~~g~!.l,g~~J~I~~s.~"f;$~~~ ~~e~~.q~~.:..:~_.~~=~=::=:'.::, =:'~:""::.~:=:: ,:," .::':: ,':,':. ::..:.....:=.=:::::-::::::..::.~....,.: ::"~":=',::".'. '::. --::,',:',:' ~..-::~:,.:==?Cl.g~~:]
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annexations and start to impose the tax upon first annexation, the clock for the lO-year period will
start and the subsequent eligible annexations will not receive the full to-year worth of funding.
5. Investment interests:
Interest earning earned during the time from the tax collection to actual distribution will be
distributed at the same time and will not be counted as part of the assistance,
This clarifies a number of concerns Council has raised; and staff believe make the assistance
more attractive than previously discussed. There are other details discussed at the meeting
and still more to be defined and clarified, primarily administrative in nature. Staff will provide
additional updates when appropriate.
As previously provided to Council, this law is narrowly constructed to assist a limited number of
cities who take the opportunity to act within the next 3 and half years. This is the first time
assistance for annexation of this size and for such long a period ever been considered by the
state or counties and would be extremely unlikely anything like it will be available again in the
future. Therefore unless the City's decision is never to annex the PAA, this would be an
extraordinary opportunity to get the financial assistance to eliminate the funding gap in initial
years and allow city time to pursue long term funding solutions.
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06/26/06 14:23 FAX 206 296 0194
KB EXEC OFFICE
141002
@)
King County
Ron Sims
King County Executive
701 Fifth Avenue, Suite 32.10
Seattle, WA 98104
206.296-4040 Fax 206-296-0194
TTY Rel..y: 711
www.metfokc.9ov,
t~ t!lJU/lClG
.
June 21, 2006
The Honorable Michael Park
Mayor, City of Federal Way
3~32S Eighth Ave. S., .
FederalVVay, VVA 98003-6210
Dear Mayor Park:
It was a pleasure to meet with you, Cotmcilmember Faison, Derek Matheson and others at City
Hall earlier this month. This letter cOnfl11l1S the offer I am prepared to recommend to the
County Council for financial support to the city should it annex the East Federal VVay Potential
Annexation Area (P AA) by the end 00008. As you mow, the county has set aside funds to
promote annexation in the form of transition funding for cities annexing any of the ten largest
remaining urban unincorporated areas. Understanding that the annexation of the East Federal
Way P AA is subject to an affimlative vote of the residents of the area, and based on:
. The East Federal Way PAA being one of the ten largest remaining unincoxporated
areas of King County~
. King County incurring an estimated annual General Fund deficit of$2.4 million from
providing General Fund local services to this area; and
· Kin~ Cmmty estimating a considerable savings to the General Fund from annexation.
I am prepared to enter into an Interlocal Agreement, subject to County Council approval,
providing incentives totaling over $3,500,000 to support an accelerated annexation of the East
Federal Way PAA. Specifically, the county would pay Federal Way $2,000,000 million in
General Fund incentives together with road pavement improvements valued at $1;000,000 and
$500,000 from Real Estate Excise Taxes assuming annexation occurs prior to the end of 2008.
I am further willing to advance some portion of these funds to the city prior to completion of
armexation, specifically, after certification of the annexation election -results and final action to
accept the area by the city, if the city so desires to support transition efforts. As part of the
lnterlocal Agreement, I am prepared to recommend that the connty share the costs of the city's
annexation election. Finally, we will work collaboratively with the city and residents to
undertake an effective outreach effort regarding the positive benefits of annexation compared
to the likely consequences of the area remaining unincorporated.
.
This offer is conditioned upon: .
· The city accepting ownership on the datc of annexation of all county-owned local
surface water management facilities within the annexed area, as is, where is, together
with assuming the obligation to maintain such privately owned surface water
management facilities as are now maintained by the county in the area.
.
@
King CCJunry is an Equal Opportunity/Affirmative Actioll Emplo)'<:r
and compiies with the Amer;c{lOs with Disabilities Act
-----.
.~...... .---
06/26/06 l-l:2J F_E 206296019,1
\(B EXEC OFFrCE
1lI003
.1
The Honorable Michael Park
June 21, 2006
Page 2
. The city accepting o'/,rnership on or before the date of annexation of all local park
facilities owned by the county within the P AA, in as is condition.
. The city agreeing to give consideration to hiring any county employees 'that are laid off
as a direct result of the annexation, subject to city civil service rules and state laws.
In addition to the foregoing offer of fmancial assistance, I am prepared to support the
application of the special development codes overlay for the PAA on the terms and conditions
earlier presented by the county pursuant to negotiations between our respective staffs over the
last year, including adoption of a reciprocal impact fee agreement such as that which we have
in place with several other cites. This further includes a conunitment to extend the time during
which the overlay remains in place beyond February, 2008, if the parties then concur that the
city remains committed to complete annexation of the PAA in the near-term. ,It does not
include fimding for any additional infrastructure studies.
Separate from the temlS of the Interlocal Agreement, I have directed my staff to provide up to
$25,000 towards cOfiUUu.nity outreach efforts and to work with you to implement a series of
jointly-sponsored community outreach meetings_
.
As we discussed, our lead negotiator on this transaction and the code project will be Karen
Reed. Please feel free to contact her, at 206-948-3556, or Elissa Benson, Annexation Initiative
Manager, at 206-296-3414, if there are questions regarding this offer letter.
The city's willingn~ss to engage in annexation of the East Federal Way PAA is welcome news
and an important step towards ensuring a better quality of life fOf residents of the P AA. I look
forward to working with you in partnership on this effort
cc:
Metropolitan King County Councilrnember
ATTN: Shelley Sutton., Policy Staff Director
Anne Noris, Clerk of the CO\U1cil
Kurt Triplett, Chief of Staff, Office of the King County Executive (OKCE)
Bob Cowan, Director, Office of Management and Budget (OMB)
Ryan Bayne, Director of Intergoveuullental Relations, OKCE
Nori Catabay, Local Government Relations Liaison, OKCE
De'Sean Quinn, Director of Council Relations, OKCE
Karen Reed, Lead Negotiator
Elissa Benson, Annexation Initiative Manager, OMH
.1
COUNCIL MEETING DATE: February 20, 2007 ITEM #: 6-a
-~'-~~'-'----'-------'--------------~---"'-'-------~~--.-----------
.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Proposed Interlocal Agreement with Coalition of jurisdictions appealing the NPDES Phase II Permit
POLICY QUESTION: Should the Federal Way City Council authorize the City Attorney to execute an Interlocal
Agreement with those jurisdictions that are appealing the NPDES Phase II Permit to outline the financing of the
appeal?
COMMITTEE: N/A
MEETING DATE: N/A
CATEGORY:
D Consent
IZI City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
ST~!,,!,: REPO~.!_~_!,~ Pat Richar.s!~~n, 9!Y.. Attorney
Attachment: Proposed Interlocal.
Background: On January 17, 2007 the Washington State Department of Ecology (DOE) issued its NPDES
Phase II Stormwater Permit (Permit). The DOE standards in the Permit exceed the EP A minimum requirements
in many ways, which caused a large number of Phase II permittees to meet and determine that an appeal of
DOE's Permit was necessary. While these jurisdictions want to protect their natural resources, they feel many of
. the requirements in the Permit go beyond what is necessary to achieve that goal.
City Council has authori~d the City to participate in the Coalition of Phase IT jurisdictions (Coalition) and
appeal the Permit to the Pollution Control Hearings Board (PCHB) conditioned upon the adoption of a cost-
sharing Interlocal Agreement with the Coalition. Attached to this agenda bill is the proposed Interlocal that
outlines how the costs of this appeal will be shared among the members of the Coalition.
DEPT: Law
STAFF RECOMMENDATION: Authorize the City Attorney to execute the proposed Interlocal Agreement.
CITY MANAGER ApPROVAL: . N/ A
Committee
DIRECTOR Ai'PROV AL:
N/A
ffr(
Council
Council
Committee
COMMITTEE RECOMMENDATION: N/ A
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: "1 move approval of the proposed Interloeal Agreement and authorize the
City Attorney to execute the same. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFF/CE)
.
COUNCIL. ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
.
.
.
INTERLOCAL AGREEMENT BE1WEEN THE CITIES OF ANACORTES,
AUBURN, BELLEVUE, BELLINGHAM, BOTHELL, BREMERTON, BUCKLEY,
BURIEN, BURLINGTON, CAMAS, DES MOINES, ELLENSBURG, EVERETT,
FEDERAL WAY, FIRCREST, KENNEWICK, KENT, LONGVIEW,
MARYSVILLE, MOUNT VERNON, NORMANDY PARK, ORTING, PORT
ANGELES, PULLMAN, PUY ALLUP, RENTON, RICHLAND, SAMMAMISH,
SEATAC, SUMNER, UNIVERSITY PLACE AND VANCOUVER AND KITSAP
COUNTY REGARDING LEGAL SERVICES
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into between the
Cities of Anacortes, Auburn, Bellevue, Bellingham, Bothell, Bremerton, Buckley,
Burien, Burlington, Camas, Des Moines, Ellensburg, Everett, Federal Way, Fircrest,
Kennewick, Kent, Longview, Marysville, Mount Vernon, Normandy Park, Orting, Port
Angeles, Pullman, Puyallup, Renton, Richland, Sammamish, SeaTac, Sumner,
University Place, Vancouver, and Kitsap County and any other Phase II Permittees
that might join this Coalition of Governmental Entities (collectively, "Coalition").
RECITALS
1. The members of the Coalition are public agencies as defined by Ch. 39.34
of the Revised Code of Washington, and may enter into interlocal agreements on the
basis of mutual advantage to provide services and facilities in the manner and
pursuant to forms of governmental organization that will accord best with geographic,
economic, population, and other factors influencing the needs and development of
local communities.
2. The Phase II National Pollutant Discharge Elimination System (NPDES)
Permit is required under provisions of the Federal Clean Water Act and requires
members of the Coalition in Washington to develop and maintain storm water
programs. The Department of Ecology (DOE) has adopted standards (DOE
Standards) purportedly under the NPDES Permit authority that may impose costly
burdens on landowners, including members of the Coalition and may also cause
costly legal challenges to members of the Coalition as a result of enforcing DOE
Standards.
3. The potential impact of the DOE Standards on members of the Coalition
and property owners is so significant and far~reaching, members of the Coalition are
joining together to explore all legal and other avenues available to challenge the DOE
Standards including but not limited to filing an appeal with the Pollution Control
Hearings Board. The appeal deadline is February 16,2007, the effective date of the
DOE Standards. Members of the Coalition wish to retain outside counsel (Counsel)
NPDES rNTERLOCAL AGREEMENT
Page I of! 5
, to represent the Coalition in said legal challenge( s) and wish to collectively pay
Counsel as further set forth below.
.
4. NOW THEREFORE, in consideration of the terms and provisions
contained herein, Coalition agrees as follows:
AGREEMENT
1. Purpose: It is the purpose of this Agreement to have the Coalition
collectively pay for the legal services of Foster Pepper PLLC (Legal Services) to
represent the Coalition's interests in any legal challenges to the NPDES Phase II
permits (Litigation).
2. Duration: This Agreement shall be effective January 25,2007, irrespective
of the date members of the Coalition execute this Agreement. Unless terminated by
any party in accordance with Paragraph 5, Termination, the Agreement shall remain
in full force and effect through conclusion of the Legal Services either through
settlement of the dispute with the State of Washington, Pollution Control Hearings
Board order, court order or other court disposition by the highest court authorized to
hear an appeal of this matter, and/or other mutual resolution of the legal challenge or
Legal Services as agreed to among members of the Coalition as provided in
Paragraph 5.2 of this Agreement.
e
3. Administration: Coalition shall enter into a Joint Prosecution Agreement for
the administration of the Legal Services and Litigation. Said Joint Prosecution
Agreement shall include, but need not be limited to, a confidentiality agreement,
establishing a structure for the administration and oversight of the Legal Services
and Litigation that is efficient and effective given the number of Coalition who are
parties to this Agreement, including oversight of the legal costs incurred pursuant to.
this Agreement and any other subjects necessary or appropriate to the administration
of the Legal Services and prosecution of the Litigation. If this Agreement is effective
prior to finalizing the Joint Prosecution Agreement, Coalition authorize the City of
Bellevue to be Lead Agency to do all things necessary and/or appropriate to pursue
the Litigation on behalf of Coalition including but not limited entering into an
agreement for Legal Services as contemplated herein.
4. Payment:
4.1 The Legal Services' fees and costs shall be shared equally by all
Coalition regardless of a member ofthe Coalition's population or nature or any other
factor distinguishing it from another member of the Coalition. This obligation shall
continue through conclusion of the Legal Services as provided in Paragraph 2 above,
unless a member of the Coalition terminates its participation in this Agreement as
provided in Paragraph 5. Members of the Coalition hereby authorize said fees and
.
NPDES INTERLOCAL AGREEMENT
Page 2 of 15
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costs up to a total of $275,000. Additional fees and/or costs may be approved by
written amendment to this Agreement by Coalition.
4.2 The provider of Legal Services shall provide a monthly bill of its
fees and costs to Bellevue. Bellevue shall timely pay the bill on. behalf of Coalition.
Within 15 days of approval of this Agreement, each member of the Coalition shall
remit its proportionate share of the fees and costs to the City of Bellevue. Bellevue
shall place these funds into an interest-bearing account, with any interest derived
from these funds to be applied to the costs of the provider of Legal Services. At the
time of drafting qf this Agreement 33 governmental entities have committed to joining
this appeal; therefore the proportionate share of each member of the Coalition is $ 8,
333.33. In the event Bellevue must take legal action to collect any amount due from
a member of the Coalition, Bellevue shall be entitled to recover all costs for said
action including reasonable attorney's fees.
4.3 In the event additional governmental entities join this Agreement,
the proportionate share of each member of the Coalition shall be reduced
accordingly. In the event fewer governmental agencies participate in this
Agreement or terminate their participation, the proportionate share of each remaining
participating member of the Coalition shall increase accordingly.
4.4 While it is recognized that some members of the Coalition may
not be able to sign this Agreement before February 16, 2007, it is agreed that the
members will benefit from the Legal Services provided herein. Therefore, it is
presumed that a member of the Coalition which enters and signs this Agreement
agrees to pay for Legal Services performed as of January 25, 2007, regardless of the
date of signing. Adjustments to amounts previously billed and received by Bellevue
due to later joining members of the Coalition will be reconciled on a semi annual
basis.
5. Termination:
5.1 Termination by Notice: Any participating member of the Coalition
may terminate its participation in this Agreement by providing at least three months
prior written notice to all other participating members. The terminating member must
pay the full share of the Legal Services Fees and Costs due through the date of
termination three months from the date of Notice. Should it become necessary to
amend this Agreement to increase the authorized total amount of fees and costs set
forth in Paragraph 4.1, or a member's proportionate share pursuant to Paragraph 4.3,
any member may terminate its participation in this Agreement by providing written
notice to all other participating members within 15 days of receiving written notice of
the request to amend fees and costs. This termination shall not affect the obligation
of the terminating member to pay its full share of the currently authorized Legal
Services Fees and Costs. Except as provided in Paragraph 5.2, the termination of a
member's participation in this Agreement shall not result in the termination of this
Agreement with respect to other members of the Coalition.
NPDES INTERLOCAL AGREEMENT
Page 3 of15
5.2 Termination by Mutual Written Agreement. This Agreement may
be terminated at any time by mutual written agreement of a majority of the then
participating members of the Coalition. Members shall be obligated to pay for Legal
Services incurred to the date of Notice to the provider of Legal Services that its
services are no longer needed and any reasonable additional fees and costs
necessary to conclude its Legal Services.
.
5.3 Distribution of Assets upon Termination. It is not anticipated .that.
any assets will be acquired as a result of participating in this Agreement. If,
however, any assets are acquired with joint funds of the Members of the Coalition,
those assets will be equally divided among the members at the asset's fair market
value upon termination. The value of the assets shall be determined by using
commonly accepted methods of valuation. Additionally, any funds remaining in the
interest-bearing account following conclusion of all Legal Services shall be equally
divided among the members of the Coalition.
6. Miscellaneous:
6.1 Amendments. This Agreement may only be amended by mutual
written agreement of the members of the Coalition.
6.2 Severability. If any section of this Agreement is adjudicated to be
invalid, such action shall not affect the validity of any section not so adjudicated.
.
6.3 Interpretation. The legal presumption that an ambiguous term of
this Agreement should be interpreted against the party who prepared the Agreement
shall not apply.
6.4 Ownership of Property. Any property owned and used by Bellevue
in connection with this Agreement shall remain the property of Bellevue and any
property owned and used by any other participating member of the Coalition shall
remain the property of that member, unless otherwise specifically provided in this
Agreement or its amendment.
6.5 Notice. All communications regarding this Agreement will be sent
to the parties at the addresses listed on the signature page of the Agreement, unless
notified to the contrary. Any written notice shall become effective upon personal
service or three (3) business days after the date of mailing by registered or certified
mail, and will be deemed sufficiently given if sent to the addressee at the address
stated in this Agreement or any other address if later specified in writing. Except for
the requirement of Notice as provided in this Agreement, nothing herein shall be
construed to prevent the members of the Coalition from communicating .pmong
themselves by email, fax or other electronic means. Any governmental agency not
specifically named herein, that later joins in this Agreement, shall give to all members
of the Coalition then participating under this Agreement written notice of the name
.
NPDES fNTERLOCAL AGREEMENT
Page 4 of [5
. and address of the person that can accept notices on behalf of such joining
governmental agency.
6.6 Counterparts. This Agreement may be entered into with any
number of counterparts which, taken collectively, will constitute one entire
agreement.
6.7 Ratification and Confirmation. All acts taken prior to the effective
date of this Agreement that are consistent with the intent and purpose of the same
are hereby ratified and confirmed retroactive to January 25, 2007. .
6.8 Dispute Resolution. Should any dispute arise among members of
the Coalition or between one or more members related to the interpretation,
application or administration of this Agreement, the disputing parties shall participate
in a good faith mediation effort to resolve their differences prior to bringing any legal
action.
6.9 Compliance with RCW 39.34.040. Members of the Coalition
entering into this Agreement shall be responsible for ensuring that it is filed in
accordance with RCW 39.34.040.
IN WITNESS, the parties below execute this Agreement, which shall become
. effective February ,2007,
ANACORTES:
AUBURN:
CITY OF ANACORTES
CITY OF AUBURN
By:
By:
Print Name:
Its:
Date:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
NOTICES TO BE SENT TO:
.
Telephone
Telephone
NPDES fNTERLOCAL AGREEMENT
Page 5 of 15
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: "- APPROVED AS TO FORM:
BEllEVUE BELLINGHAM:
CITY OF BELLEVUE CITY OF BELLINGHAM
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
BOTHEll BREMERTON:
CITY OF BOTH ELL CITY OF BREMERTON
NPDES lNTERLOCAL AGREEMENT
Page 6 of 15
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By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
BUCKLEY: BURIEN:
CITY OF BUCKLEY CITY OF BURIEN
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
NPDES fNTERLOCAL AGREEMENT
Page 7 of 15
BURLINGTON: CAMAS:
CITY OF BURLINGTON CITY OF CAMAS
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) , L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
DES MOINES: ELLENSBURG:
CITY OF DES MOINES CITY OF ELLENSBURG
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
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NPDES INTERLOCAL AGREEMENT
Page 8 of 15
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APPROVED AS TO FORM: APPROVED AS TO FORM:
EVERETT: FEDERAL WAY:
CITY OF EVERETT CITY OF FEDERAL WAY
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
FIRCREST:
KENNEWICK:
CITY OF FIRCREST
CITY OF KENNEWICK
By:
By:
Print Name:
Its:
Date:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
NOTICES TO BE SENT TO:
NPDES INTERLOCAL AGREEMENT
Page 9 of 15
L) - (Telephone) L) - (Telephone)
L) - (F acsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
KENT:' LONGVIEW:
CITY OF KENT CITY OF LONGVIEW
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
MARYSVILLE: MOUNT VERNON:
CITY OF MARYSVILLE CITY OF MOUNT VERNON
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
NPDES INTERLOCAL AGREEMENT
Page 10 of 15
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L)
L)
(Telephone ) L)
(Telephone )
(Facsimile) L)
(Facsimile)
APPROVED AS TO FORM:
APPROVED AS TO FORM:
NORMANDY PARK: ORTING:
CITY OF NORMANDY PARK CITY OF ORTING
By: By:
Print Name: Print Name:
Its: Its:
Date: ,Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
PORT ANGELES:
PULLMAN
CITY OF PORT ANGELES
By:
CITY OF PULLMAN
By:
Print Name:
NPDES INTERLOCAL AGREEMENT
Page II of 15
Its: Print Name:
Date: Its:
Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
,
PUY ALLUP: RENTON
CITY OF PUY ALLUP CITY OF RENTON
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
.
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
NPDES fNTERLOCAL AGREEMENT
Page 12 of 15
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(Telephone ) L)
(Facsimile) L)
(Telephone ) L)
(Facsimile) L)
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RICH LAND:
CITY OF RICHLAND
By:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
L)'
L)
APPROVED AS TO FORM:
SEATAC:
CITY OF SEATAC
By:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
L)
L)
NPDES~ERLOCALAGREEMENT
Page 13 of 15
SAMMAMISH:
CITY OF SAMMAMISH
By:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
APPROVED AS TO FORM:
SUMNER:
CITY OF SUMNER
By:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
(Telephone )
(Facsimile)
(Telephone )
(Facsimile)
.
. .
I APPROVED AS TO FORM:
i
I APPROVED AS TO FORM:
UNIVERSITY PLACE: VANCOUVER:
CITY OF UNIVERSITY PLACE CITY OF VANCOUVER
By: By:
Print Name:
Print Name: Its:
Its: Date:
Date:
NOTICES TO BE SENT TO: NOTICES TO B~ SENT TO:
L) - (Telephone) L) - (Telephone)
L) - (Facsimile) L) - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
KITSAP COUNTY:
KITSAP COUNTY
By:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
L) - (Telephone)
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NPDES fNTERLOCAL AGREEMENT
Page 140f15
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L-)
(F acsimile)
APPROVED AS TO FORM:
NPDES~ERLOCALAGREEMENT
Page 15 of 15
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COUNCIL MEETING DATE: February 20'h, 2007
ITEM #: .. 6.-b
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Proposed Settlement of Andrew McDowell v. City of Federal Way, et al
POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED SEITLEMENT OF ANDREW McDOWELL V. CITY OF FEDERAL
WAY, ET AL WHEN THE INSURANCE COMPANY DESIRES TO SEITLE THE MA ITER FOR $4,000 TO A VOID THE UNCERTAINTY OF LITIGATING
A TRIAL AND THE SEITLEMENT SPECIFICALLY DENIES LIABILITY?
COMMIITEE: N/A
MEETING DATE:
CATEGORY:
o Consent
o
o
o Ordinance
o ResolutiOJl
Public Hearing
x City Council Business
Other
~_TAFF REp~RT ~Y: A~~2!'l W~~L~!.Q~yrY CITY A1]".2RNE~_________,_,____~_____~~~: Law ____
On or about April 2nd, 2004 a police officer was in pursuit of a suspect vehicle when his vehicle collided with a non-suspect
vehicle (not involved in the pursuit). Plaintiff was a passenger in the non-suspect vehicle. Plaintiff alleged that the officer
was negligent and that the Plaintiff suffered injury as a result. The City disputed the allegation. Plaintiff also sued the
driver of the non-suspect vehicle as a Co-Defendant:
Initially the Plaintiff filed a claim again~t the city and later a lawsuit and demanded an indefinite amount for damages. Prior
to the lawsuit being filed, the City's insurance company offered $4,000 for the claim, contingent on approval by the Co-
Defendant and the City. The Co-Defendant, on the recommendation of his insurance company, rejected the terms of this
offer. Subsequent to the lawsuit being filed the Co-Defendant's insurance company reconsidered its position, and upon the
recommendation of City's outside counsel and the City's insurance company, the parties reached a tentative settlement
subject to City Council approval. The proposed settlement specifically denies any liability on the part of the police officer,
bases the proposed settlement on the uncertainty of litigation and the expense of trial, and specifies that the City, through its
insurance, will pay $4,000.
Options Considered:
1. Approve the proposed settlement of Andrew McDowell v. City of Federal Way, et al
2. Do not approve the proposed settlement.
STAFF RECOMMENDATION: Approve the proposed settlement of McDowell v. City of Federal Way
CITY MANAGER ApPROVAL:
Committee
DIRECTOR ApPROVAL:
frte
Council
Committee
COMMITTEE RECOMMENDATION: N/ A
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: HI move approval of the McDowell vs, City of Federal Way, et al settlement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERRED/NO ACTION
.D MOVED TO SECOND READING (ordinances only)
REVISED - 02106/2006
K:\agenda ilem\council\2007\McDowell proposed settlement
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
SETTLEMENT AND FULL RELEASE
.
WHEREAS, Alldrew McDowell (hereinafter "Plaintiff'), brought suit against Gregory
Stankatis and Fe<ieral Way Police Department (hereinafter "Settling Defendants") in the matter filed
in the Superior Court of the State of Washington for King CountyCause No. 06-2-26295-6 KNT;
and
WHEREAS, Settling Defendants appeared through counsel.ofrecord; a,nd
wHEREAS, Plaintiff asserted monetary damages, personal injuries, and general damages in
the above-referenced action arising out of a motor vehicle accident, as described in plaintiffs
complaint filed in the Superior Court of the State of Washington for King County Cause No. 06-2-
26295-6 KNT; and
WHEREAS, Settling Defendants vigorously deny that they did anything wrong or caused
plaintiffs damages, and that by entering into this agreement, defendants Gregory Stankatis and .
Federal Way Police Department does not concede that they have any liability, and specifically deny
any liability whatsoever for the plaintiffs claims; and
WHEREAS, Plaintiff has authority to enter into this settlement with regard to all personal
injuries to plaintiff, known or unknoWn, on behalf of all existing subrogated interest-holders,
lienholders, including all liens of any insurer, medical care provider of any ~nd, or attorney; and
WHEREAS; the identified parties to this agreement desire to avoid the expense, burden and
uncertainty of continued litigation;
NOW, THEREFORE, IT IS HEREBY agreed among the parties to this agreement
consisting 'Of plaintiff Andrew McDowell, flk/a Andrew Singleton and the Settling Defendants
Gregory Stankatis and Federal Way Police Department as follows:
I. In consideration of the total payment to plaintiff Andrew McDowell in the amount
.
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of Four Thousand Dollars ($4,000), the plaintiff agrees that his claims, in their entirety, as asserted
against defendants Gregory Stankatis and Federal Way Police Department may and shall be
dismissed with prejudice and without any further cost to any party.
2. Plaintiff, his successors, assigns, representatives, agents, employees, attorneys,
insurers and any person or persons acting by, through or for him hereby release, acquit and forever
discharge defendants Gregory Stankatis and Federal Way Police Department, their successors,
assigns, officers; directors~ representatives, agents, employees, attorneys, insurers, and any person or
persons acting by, for or through them from all liability, actual or potential, for all claims, damages
or demands whatsoever in law or in equity which plaintiff has ever had, may have, or has claimed,
or now claims arose from or in cOlU1ection with the claims, damages or demands in law or equity.
arising from the allegations of the complaint filed in the Superior Court of the State of Washington
for King County Cause No. 06-2-26295-6 KNT.
3. This settlement and full release is expressly intended to cover all damages which are
claimed or could have been claimed.by the plaintiff in the above-referenced action. The damages
may be more severe or different than those known at this time and may ultimately include death.
These damages include any and all personal injuries alleged by the plaintiff, including all
complaints described in plaintiffs medical records following the accident which occurred on or
about April 2, 2004, and any and all property damage associated with that accident.
4. This settlement and full release is made and entered into as a free and voluntary act
and has been done only after plaintiff consulted with his attorney, Bonnie A. Favor.
5. This settlement and full release contains the entire agreement between the parties,
and the terms of this Release are contractual and not a mere recital.
6.
The parties agree that any and ,all actions necessary to secure an immediate dismissal
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with prejudice ofthe plaintiffs claims in this lawsuit as against defendants Gregory Stankatis and .
Federal Way Police Department shall be taken by the parties and that each party shall bear its own
cost and expense incurred in connection with such claims and the dismissal thereof.
7. The undersigned has full authority to enter into this settlement and full release.
8. Plaintiff agrees to hold defendants Gregory Stankatis and Federal Way Police
Department and their agents, employees, attorneys, insurers, or representatives thereof (hereinafter
Indemnitees) free and harinless from any and all claims relating. to ,plaintiffs injuries and property
damage that have been or may be asserted for tortfeasor medical liens, liens of any branch of the
government, liens of any and all of plaintiffs insurers, liens of any insurers who may be responsible
for payment of plaintiffs medical bills, liens for lost income, liens of any attorney, and liens for any
and all claims for doctors, hospitals, or other medical bills, lost wages or any other service
(including non-medical service) rendered to plaintiff arising out of the matters alleged in the .
Superior Court ofthe State of Washington for King County Cause No. 06-2-26295-6 KNT, whether
such claims be based on contract, tort or any other theory oflaw.
9. The plaintiff also agrees to pay indemnitees any cost for attorneys' fees incurred to
establish indemnitees' right of indemnity as set forth herein, including any costs or fees which may
be incurred arising out of any lien with regard to all property damage for plaintiffs injuries or any
, '
prior attorneys retained by the plaintiff as related to the accident described in plaintiffs complaint
referenced above. .
10. The undersigned attorney for plaintiff will see to the proper disbursement of all
funds received.
1//
//1
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DATED this _ day of
,2007.
ST ATE OF WASHINGTON )
COUNTY OF )
By
Andrew McDowell
On this _ day of . ' 2007, before me, a Notary Public,
personally appeared Andrew McDowell, to me known to be the individual described herein, and
who executed the foregoing instmment and to me acknowledged that he voluntarily executed the
same.
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires:
The undersigned counsel of record for plaintiff will see to the proper disbursement of funds.
TAYLOR LAW FIRM, P.S.
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