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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 ~~ . . . . 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. . . . . 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) . . 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: . . . 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. . . . . . 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. . 3 . . . 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: . 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. . . . . . . . . . . . . . . . . . . After listing the principal accomplishments of last year, we identified the reasons why we were successful. The factors cited were: . 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; . . . . . . . . . . 4 THE CULTURE OF THE POLICE DEPARTMENT . 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: . . . . . . . . . . . . . . 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. . 5 . . . 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. . 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: . 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. , 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. '" . 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 ><.. . . . . ~ 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: . .. It .. . .. . .. . .. 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: . .. 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 . rochure, '. ent of a SEPA', . . attached map, te law (RCW ing redevelopment . pletes the'. m!ined nt in the City . ELOPE" . . . 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: ~ l---___ ~ I r--- 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 . . .: . . 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. . . . . . . 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 ... . . . . ~~ ~ ~lm1iil ~~lm1iil II' II' -. -~ II' C_~~:~_~=,~li~[!fi~~=~;JC~g)ffI1t.~~JC~;2;1t~2~:; '___"J[~L't~T~~~~:-,-___ .1[.::-...._~: .~.G~3~-' .~ t~~iij"f~~~~~]_~\~tjt:;~f[~,~~][~~:=-:2:::~~:A~ET:~~]L:" -.:~~1)..:___~:J[_:-' :.~~_._~1~I:L~_~.=j S;::,-,~-=~~MR~~}5ifijJ:[yr==:]rc:.:fr,t[[===']~.::::.=:?;l~:E'=~c_.=Jt~=::=:::=::~:;~gg-=,,:}~:~J[=_:;:~:::::4:42~-.::==:=~~'j For the period 2009-2014 additional traffic volumes would be generated, as summarized in the following table:. ~ Summary ofIITr~l;ie~':::jFederal Wa ~ ~ ~lm1iil. ~\mllll ~\ii.OOl _. . - II ~ ~_.. ~ ~ - II · I.!ffi ~ ~ I.!ffi ~ ~I~e~J&!}.Qu(~~.~'~:~__~~~2=.:.Jrr:__:.=..:J~ifQll1(jif~_<'=:31 f:2~~~2~~~1~ijI&:~~~:_~':f::jBFc"=~":::::~~=:~ ::~ij 1:~ifyt<faiJi~~~~~~!iE~:':':=~.JF"-'~-~~~];,?&~:Z2:~J~L~::~-g[~f~~IW52!=:{t-'~-l~C~~='====4[~-::~:=T:=n t{J~M:~~~i<<~;Q~l"(::~:~~E~~~_..'2J!i::S_~6.~~~.Q.;;;:~~]QT'[lf'::J fQo:t._=~g;~~~~~]g~_=.==] LL~.t:::~:':4i1~~L:::<,___:..~.:_:.:1 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. 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",-,,1: ,.j ~'; "~' j ~...u...,...", "_.."",--,-.~....._~__....~._._fi".,..-<.-4...."t:_~..J.,LR-.~~._...,.~.~,,,-,,..~..~............ . ..............___.J __~,,~jiI.:.... f~..........._.....__~__U .J..-.... . . . .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 ri';~~:"_m_'~:_":'_:~_;___:~:,f.i}J!l~:J_::~=_:~...___=:_m.._cm.:__:...iK~.m~_,:__':_:"~"~"_".'m_~~~~plt~t~ll~,~_~,_,:':'~~.~:__=m:~-_..>] [.;..,;~2__~-=~===~1@.~L2'~~,==~====~=~=]I!L_..~.::~-'~<~~:.~_.~:;=-~-;][["~ani=-l=="~~~=...__.=~=-=-.:J '~::~L:""_.-~~~m..:,..:rl~lQ.Q~]{=-=,:...:=-~_____~_~..~__..JL~~~==:'~~~m__~.:m:.-.._~~4P{sl~Jl.s~~==~~~~~~.==-~='-SJ ~Z2:~=-'_:'L_~:~::=:T~~!CI~Js~.~~.._=~=.=~:=--~~"::-:=J[~===:~~~~_.~-- :___~~Ji60~ijJ!i' .....~='.===_:=:::;:~.:::] Existing Parking Requirements 2004 -r ~~ ~'I" [~ Ir~~ll ~~ I [=~~=~~L~'1:Jj"~~~~::~~=;J~Ej~='__Q~~!ig,}[~~~;===]8[~~~.~'.:-_...=~9J>.t=~....:~:=-=Jmc~.__:~Q_~!iill~,~~.-.'3:~....:J 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 . ~~ ~ ~lli!lul ~lli!lul ~ ~~ ~ II' i::....-[~~~NLGf15L~gr.~~f~[~?~~:~::1-'t~~i..:~]~f~;:_--]~l~Qr:~~::::]~:~~I:~:~g~~;:;~Z3:~iJ [=[~.YI&t~yJlg~Js~Tf~r'J~~':2]!~i'~j~'\ .,.'j L:Tt:~!:t@~~~_.~=~~~t::.=~\~;JL::::J[~~::' : '~QII=-",,",~:I23 g~I:}![r\:11R~Bi~!I-~:] r[...~f361';3.-:J[2.'~L:.~'~j;C~ZC.;~:_~]E:!'"7~:?j~~~tJ~~i [ft~..~;'~::':_4~f!15~~~=:;~1 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) I 1"'-. .,.-. .,... -1im~ . ~.till~ ....till?J "== 1~~~~Jg:i~.;;:22~~.......Jf.;'::...~.:~~~1f~~]~~~::jt}'=~~.w;~:~~~~i:Jr::!::!~~~2:1JL.1jtt"~E:.j t~$atiiii:tla,h'rfeak.'hoU~'F;~L. '~2fi~532X:-"""':'''"'1~:'';2~'t;'2i5>2 "'~~T;r:~z-4;;li7~,~...t'iK -~'l .<i.~"=>Oo._.;:,.............':1il~:'.t"..A~....:.........:.o.....~""~.M.,h-...~~Jt....:_~",~';".",,,,,;,,,:,:,,:,,,,,~.......~..,;_..~'-:':-'..l~~;......~_":';.'..:~~.~..";'_1~~:.:.::...._~:J'........._~___;;:...........:..:~c":___:""".o..~.;:::_:.;_~..:;;.-:..:;.... ~;~MJig~&inliv.m;LL:::.:Er::]?t~~gl~~~g~gjf)~~mr : ...~ (~,~~4\~~::::~:Jr:'L:.Ls,:@~:::lJt:rJ 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 t ~c:- l~I~::~~' -J~..~~~:=,F.t'J~= : '~~~~1:~~!E~?hI.~~'i$l'~=:=;J;==-!:fi:JeE1f{~~tr;~~L~~'t.:'1-"JQi:'B:i::.J!h:'ari7:1 ~C=-Q.$it~ I:~;~~~,) :.~:;:'~" -~'?J kl>~:":;~?~-.:.~ ~-;~, . ", ~':~-~;t~:; ~~.-:';J ~f;~~~~'--.~~~~ r~ :_;=;~:~i'.~' -:.-:.:~ ~~?F~~:~ ,." t F.""' j~. 1,02. .j" .@., "1".07:3 'r,": (}'" - .w,,(l62'''1 ~. ~~:~ 2 ~ ~ ~,,~~~.~~~~;.~J,~~~~'.~~~':- j l~~~:~~:".LJ l::,~~r~~_d i2~.'~~=-~~~J ~ ~ : .~~~':.~~~~J t:2;;:;~~~:j , n.N,' '(ij" ".,":;~"'p'c ,. ',-'." .... ~-'r' '. ''''~f~~'':'''1t:-;;<'i=-~---;-1 .,.. "'OUA'" -"', ,I', .",~\, ' ....,,1 "" .,"... ". ,', \. . ,. ~~lh<\'--' " ... IcL ,. J,;J. ", ~, ~', , j . >.~ '..', ,'. , .'.. ~', ',' ',' .' _.,~. ,-,'.' '.:0->-;'" . ". ," .:.<".~...., ~_'d." .'" ,1;\1' .:., . .., If,'' ':1 '08 ',JI., ". 13" . If''''0'o7 '4 '~f.:;..-~, ~{4~~~~:~~-.:~'~] J:tL.jL,._~.:,_~:_~f:j k:t:-~\ . 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'1 "'0; '.00,8', I!.e 'f' '€I 84, ' ~o=~. " '. '.', ..i'~~;,=~~,=~~=~,~~~~:~::~,:l~~~,~~~::..~~~~l~~;~:~' ... :.;~b~;~:'-~:J~--(__ '~,;=;~;2~ g~=;~~~L9 >.,17, -Bi-l-$'northooul'ld,. 't....1~.,.' -.~~'"'' "1r==J'" '.1. D .,a"--G~oi"i ~C;Ram;.:~:-"':,; ."':' .....:.-:." ':')" :'H':" / .._;~;:.-./,', ~"".b ~.:--.: ::.'. '.:; ~ ". '~:.': jr~'\:w!:::1 ~._.._._~m.__.._._..._...,____..~_...____..____.,. _~...:....-....J 0 .., t':...~_~ " '_ r._..~..._...~<__...._~.._-' Ll!b;.~,~Q-:~(c%]~m~Ei~-,$"~==]K'=::=={[f'~~]L-:-:q&I~~:Jr '.'. ~ .:;.=:~n~==_BC~:.:. ; 'JL~.., ::J ~rj~~- '~i..;~j~!;~?Jt~=~8f~I~~'L-:.~~~~il1~~i~=~~i;~~~1 gf2'1,_$~~~'$f&I9.9!f!ili:!~=;:-.._,.._.JE=~-t)=:]f~=1~Q~J:'mJ~1i(gL~]E]r~~:nEa::"":-S.:J~&~J [2~~~~~~@L~_:fuI~Y1 f!R~' ~wZ=]E~=~I.~:=]~:;Ci?,~?r;~J[~~~~'"_:.jf:'~;;;[~.?LJt::_:'Jf,I:Jk;:Q:~:. J [%~.~~!Q9.IJii@1i,i..~Ji_l1ffiv 1~[_'..c;_~J[!::~~=_:~] LL~;~~I:j~.7t<~:;q::'J~~~r~:i;1f1f~iJ'~:~)!~~:~--:J ''> .. 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[l~Lgz'[i~:~f~J~b~~[~l~~~g~~,-~j[=~:,Qr~~]LjOC;.~zE]~v.~~~~;.c,:~~~j~=~:l~~"1..;:;~;~ 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"~ ~.;'~~~.,';_i!Xl~:::~.~:.jtBd7~SJ;~~~~'1#~1~'::~i:~;[~[i~n~~l"'~~-:JmikPJ22.t~J ~~f'", _~'S~~::~_~~~J[~~m~~Qutti~Jti~iiIDi]fij~] rN,~~!~~~n-p]fp~~i~~J ft.:r.' '.".;:~-"4i'f"~.'~; ~!;"."'." '~::.l" ~F$1i2;7.'~ St"& M. -:]Iit~;;flR~'$.Z;f}:}r:)~?'.'l ~.~.~ )rn;'.;;j ~~j~2.~-mF.i;~~i11ItltiatiOr1'. .brb....f:\.~..~.~t~(f::.. e!l ~..-.,.;.;..'_..............~....~....~_................-..... t::2_;;._~.o:::&._____~__--!:l:!.....:.ro..:.:~_..-.....-~~_~.._.....-'~_______:!I__'_~N_..,-..t...._..':::>~~..:..:.Jt~.:li-,..~,........~_~.~~..;.~2...J rr~I~;iE2fLj.jfr~t~t~~~i~';~~~f~I~:=T::TJ~~~][R;~!J~l=~~~~~:j ~:~Q~~J2~L~~.~:"'1~~~sl:%~~1~j;N~rIT~JJ.:!~~.~~~:~'J [9;9grJ@~tifu[iii(;L~J9fl~Ltlm~IJ 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"~ p~."t:';:~~-:;~~~-___~~r~""""".:-""~'~~~""'"""-1"9~~--:l~~'"':-~s-'I~'F'~:-~~~:'"f7;m::~~~q'~.''<?;:~-~-''~~':--::~T-:-'7:"I ~;;3'" ,. :;, ',: ~~M~g2 ,$t& 1~5'1'I0rttm@@lifld.lRarn., : h', ';. ' '. " ., J ~;.' (lEi '. "j E,:;,t"€lS,;j!';tSJdimiflg', atibm"j,\F(ijrilosed:: . ~.. . : .:i ~t'...:.....__.;.....;K::~..v:=,~~~....~""",lo.:::.S"'1i.>"i<<...k.:.;;.:...;;i....:..,.;~:;..L;~,tZ'~.~__...:\....:__..._____-.:... ~..-.=o~':'" f!~.:.:~~,,:,; -~....;...;t;...;;'~'i<..._._.::ar.~..;:.;;,~.;.;.;....:~~\~r..~.:~:.:.;..:..o>-,~_-__... 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~~~ ~~"",-~ ---.- ~--.!----,.............- ~'~.------. f'" " ' 9.,' \ ~, . . - , ',' I" -" _ ,- ,,- ~~.;"~' j.... h '; -;' .-. ".,,,, , . ,;r- 1 IV -:. , . . 1 ,". "'. . . 'f" .i1. '" . '':1 SouthbOUI'lG ana ',: ~: '::;' .~:'.1'4, ~~. "', 11.:~,3~Q;',~t & 20 A~' S :'.' . '. '. '"<' ,:: 11 . o. ':V 'o.~!?' ;f'n~rtt.~~QQn~'figtij 'turri . J ~. , .~., 1" l'..... ~ . l'-::.--.:......_.. ...:_~_~jL;_ .::.,::",:_~~____......:...:.:.~___.__~.-,:.....~jL. _!L..:..~_:1t~~~~~ (~?~l_.:.__~ . ~'r'~~---"~~'-7"'~~:'_~...,"'''"7'"'' r_..,__._~ ,'-- -~~~-----~-.~-'T~-:1"-~~---.f:7-.-~.-:-----~-, _ ,,- " - 1. <"1"$': .':h $'320$tg"2;L~,vs' : . ",' '. ..i~"'tt" '1~;ci'~Q*h/k\dd,SeQ.QriQ;npr;tbb.Qy.ng-il ~;::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 . r I:.I\".~~~ I~~""','~ II ~ 11't'iNr-..'JlrT__I{'~"'~.I{,~",~ P1' '--~"c'i2.' 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", I . . Appendix A to Memo to LUTe 1/22/07 Page 10 of24 ~"'0~""'-:"""'~'-~~'=V"""""_"'(>r:'-"--'~'-P:""--,--"--"""-:~-~-'-""'-'--7'-:"':~ 'A _w."'~ ., .-..--.~_-- '" 17, $' 3:l0S1 &':1~5'rioJrthbouitid ::' ~/; ;', ..... . 1"'.; :' !::_ :~~~.:.: _'.~~ _"' .~':~ .'~. 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'(N; &,.""., "''''''"'''''''''t' "r'd~ 'r;)i7'""'-:-e""~?' i' '-~V--1l"':l '1ifir' "'.' "'J ?L).&,:...~~d:??~LA:~MJi~11.L,~A,:Bl'iYYf:9J.:....J f.;i:;~t~~.;j ~;" . " ...w:l 2009 PM Peak Hour Proposed Mitigation over current TIP I~I ~ i ~DI ..~ 11!Dj"~~ ,\ ~:::.;r~]~~I~a0ifl9.Ji!.w~g~.:~.~~..::~,jr2~:"J~l;I~~J~f9]lili:lf!9JtiiQ"pig~.osfi9...:~2~~~:=:;J ~=~~J[~~~7~~~~~Y11NQ,y.ri~l~imi=~:;J[=[~~~lf.Li~]lfiQtFilligm!QD~~@"C;)A]G1"C=~::~ ';! ~i,,=J~~J [~~:f2"~lMilIta1i&(['$';i__;:.~.,~,~_.~jL~Ef~JL[g~~jf~EJ1ti'tJmiQt[Qf.QB€i$~~:_::::'.~.:~~": :] :;;~~~Jr~~i~~~7E~ii:~~~S~~]r, b~~il~l!~,~:~:~~,~~' ~ ...{Q'f;~.~~] [Cc~"ID'~J [~1?~~,g~JIS]l.9~2fJ~~~~.._~~"=~:~:~:=:'Jl~~J)J5~W:~O:~3;:.J[Q'liljJ'm.i~~~~I~D91:tlrn"ilJ.g___=.=~~::'J 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 _~F7~~,>:,,:, ';":' .1 ..._..,::,._."'-,..'.....J 11 . . . . 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 LI~[1 ~!_~~]lf.~:~~~illl~f!~.:~L~~~.._:..~;]~~~;':.~,J [qt~ln~astl!~,yna.; fJ~hnl!rTIJ~r11~.JY$Mf1igL._____J ff:1~J E~ll9.~o}~I&~~g~~l[~I$rI~-'~'~" '.'~J~E~I.Jf",~~~iIT~ioAAbQ,li~T.t9pIllir!l;l~ni:::=_.~=--=~." . .\ .1W;3;o-s;i2e,~;;'~;~--::r~,,:""7~~"irr;~~71 mtel'!ilafives-iUJIiiiiffOft (if'SM 2)~~ J&~~_~.~.:-_d:.:..:~.,;_L.~_~~;:.~.::.~:::.~i____~:.:~..iJ L:,':.~~~,.:.i "[: . ~~~.=~.~::..c:~_=::.:::':_~~~~~_..'._.,:_--...::._;~:~:~.J n~;]t?~'3a~;"~'231;).$::. '. ' ,;..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 . . . . 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 . . . . 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 $0 Saturday Peak Hour - The EIS includes the costs of potential mitigation projects for the Saturday Peak hour. I Includes the S 31 th St Project. 2 Includes the S 31 th St Project. 17 . . . . . . Appendix A to Memo to LUTe 1/22/07 Page 18 of24 Options la and Ib contemplate that development projects would pay the total cost to constmct mitigation projects. That is, 'both the contribution attributable to the individual projects, as well as the prorata contribution attributable to Saturday background traffic, would be borne by the project developers. Options 2a and 2b contemplate that projects would pay a prorata cost of mitigation projects based on a methodology comparable to that used for the PM peak hour. The prorata contribution attributable to Saturday background traffic would be borne by City funding. It should be noted that the projects identified for the Saturday impacts do not currently collect prorata share contributions. A policy change would need to be made to initiate collection of prorata share contributions.to transportation projects to mitigate Saturday traffic impcats. The estimates are shown in the options below: Option 1 a: Development Pr'ojects Pay to Build the Total projects3 ~lm~1:l"lolf:Tot. j.(01f'l.~I::{;1.r ,0 I [~~fi[iI~JI.f=~~~E~E~i{i~lt~3[~'f:i3{~~~~~;s~5~~=::~:'E;.;~?j ~li1 tE~~q~~r~Z-g0~i~?b~~~3=::J ~~?f$~~~~~&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 . . . . 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 ,=,-\ \ _,,,\1 \ 'I,: \_.t-I-.._-_..--\ \ \ \ \ ,___ "- \ \ t...-----__--I '---...'" \\ \ \ \ "\ '\ 'I.- \ S:-3Q~\str~t \ _......-:..-__1--, ~,----- _...........__-r- '\ \ \ \ \ ' _-----\ \ 'I' \ \ \! ,I, ---' '11 -'-r--Y--\ ~. \ \ \ \ \ \ fI'l \ \ J ", I ' I r--...l.....'-r~_-.J-.---r.----\----- _--\----~f-~ \_ \ tC\\'. \ ~( ~l\ \. \ %:,~ \ \ ~ ' r ,.M' _---r-~+-- \ ~ w~ \ \ I <<I I '" ~.\ ' ' il' . ". .r") \ J 0 \ -S\;312t~ street I C'I \ \....../. ,J, \', ~ \ ~ i ~ \ Cl) \-----~. \ '0 \ ::; ; ("& ---" --------------- \ l-1 \ y' ) './ .... 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" ... __-:--------~--lj \ ; r \ -\-'\ \ I' t-. \ \ f; -'--'\-i-\ j \ I \ i \ \ \- i \ i \ \ \ ------1'-------- ...-~\-- \ \ r~l \ \\ ,___-1 --I \ t..- \\ / .\ I \ '--{ i ! / i ( i \\. ('q, " "_. _j_-r..........-.,..L. J \ .. /~ \,/ 'y// """ ... ! ~ ------ ~ 'u ... 0. \ \ ! \_--' --r \ \ I . , , , -.-' ---",:"",--, -.------ ___J 99 // /~:-_..- ___...............-------1..... \ \ , \ S. i,36th Street "' ,., '- ; '-,..,J I I I: // // '..... " \ i ,/ t.~-r ('" j'-"'''' . C-~--:~7 V . (r-'" ~ "....__.~~. ;-i;"') oo/Jpf!l'- 'Z./ "',- '\ I ; i I , I I , i I ~J------ r-"--- I i \ \ i , I ' \ \ // \ ).// ~---.------..... . --......- -' ---- ....~---. _---....-r I \ , \ //.,..._---,... / __~ L----- source', \<.ing County (2006) ~ ~ 2,000 N w4E . 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: . . . . . EXHIBIT .. 'Bn ~ ~ O\" !1 '" " . " 0) 0' /\J~" .'0 .:B- 0 .0 C)b Vj 't . t:b . 'f..... v,S- v,\j ~ c)- .~ Z <:> Q J. WOLF ~ PARCEL NO. 3258000010 <:> >- -< ~ Y> ~ VACATION .:t 536 SQ. FT. SOO '57 VO"E 11.44 . ~ - - - - - - - -- - - SOO-:57"00"E VlUJ ~o ~ VI ~UJ .0 j:;. :-0 "> ~ ~ .~ ~ .... S' ~ ~ ~ 35TH AVE. S. " " " " " " "' " ... Z a --l II ~~~ (/):tS:} ~ rTJ r:rJlll;:;:! C;j ~ '" --l~i5 ~ < (/)~~ (/)Q~ ~ --l ~ .:::5 " " . _ f\,....... -- ....\J " Cramer Northwest Inc. . , Surveyors Planners & Engineers 945 N. CENTRAL, (253)852-4880 (local) (253)852-4955 (fax) DRAWN BY: O.B.H. SCALE: JOB NO.:2006-101 NTS STE. #104, KENT, WA 98032 1-(800)251-0189 (toll free) E-MAIL: cni@cramernw.com SHEET: DATE: '1 OF 1 Wed.. Nov. 8, 2006 j' M. EDWARDS PARCEL NO. 61436004'5 .~ ~ M' 'U s). <:s ~. ~ & ... JJ ... .<?'$....... ... -- -,.... ... I , I I I / / I I III ~::2::~ I I . " . . EXHrBIT C / N w.' s .. / <n w > <( J: l- ll) <'l / / / / VICINITY MAP 35TH AVE SOUTH STREET VACATION . 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 ---.-............--.-..-...---...-....--...........--...-..--. ..-......,,--..-..-..--......--....................-....-.....-...-.-.....---.---..-..- . 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 . 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. . . 1 . . . 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. Page 1 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. . 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. Page 2 11/21/2006 ,e .' · 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. . Page 3 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. . 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: . Page 4 11/21/2006 . . ~ u << ~~ >-4~ ~~ ~~ U >-4 ~ . fj >-... C"d ~ C"d L Q) ""'0 (U LL. ~ C"d V') c: o E E o U <1J ..c: I- I ~ /n I -- ~l /1 ~ aJ-- ill! !O ~ b.() ~I 5 fi O! "" L 6 cd 1f"'oo.. D~ -r 3 dii 00 .r-: 3 '" ~ ~ O~ "" Oi 3 ~ Om d .. Ol! ~ ! - 3 d Oii "" O~ "" .. t3 3 .) < fi Di ~ Id .- ;...:1 0 .. OlE u u ;r- t3 1;- ... i! t3 Oil L :0 E C> D7 E t3 3~ ~ U O~Oi!..... ---. . ;i- s"'. OltD! Off Oi! c!D! Olil Cl!l! _...,,0 -D~ . ~ ---=- - j!lOc:tO!IH . ~ ~DrtO!! ~ ~. ~ llll 'tT,1 ;s; c 'I .~.,. if f-....: dJ... dJ 0"- "" -I!:: '" CI ;ii"7 . ::J:. D!i l.\ Ji ~"'H l= g. ~ ... ~ Ort !fL. c ~~ I ~I~ O:l'!3 . <Q ~ j h I "JI~, tl .' ....::r:: "" '" ~ 0 ... ---1;;;; .~ ~!!. . . .' rno~ 0:1 ..,1 ~I ~ "" I"' .a I:ID .);;i ~~ ([J :l f I ,-.J '!:2 o~rnrn ;i dJ "" D!2 ;4 .. ;x <.> L.....- ' D!f .. j ::t ..; D:i .. j: .. ;4 O!f Z <0 ~ "i J ;4 o~ J n~lfO O;} l::i en ... : ->-. . off 0 fl i -;: - u - D~ ~ '(U 11- 01:O~O"l C;i ~t:D DR [J~ 01: L ' :Ilk S ~ __ ~ D~D= 0;: D~ i . R ~,. s::: . .< . -< D~ 17 0 00 0" ./"F .- J; R m : ~ ,. ~ ... t.~ "" 0" ':! ... .c ~ - C I .. 0'" '" ~ .c ,. - -~. 0;: "- ~ -< D;r :.! --: 0: .., D~. :.! < 0;'1; .... "? < D~ 1:2 ~..... O~ V') :>1 0;1 [J;;;.;,z L ~ ~ C"d ~I u- ... Q) .... O~ ~ ~ - I ~ I- V'l 1:1 o .~ CI) I .D ::s CI) Q) .!:a '0 ll.. ~'<:t f3:;Z -;::;1:: ... Q) Q) (.) "0 CCI Q) Q., ~CI) \0 o o ~ - ~ - - on 'l) ~ ll.. CI~J EXHIBIT B TEMPORARY OCCUPANCY LICENSE AGREEMENT FEES . 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 . Page 6 11/21/2006 ~. . . . 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. Page 7 ~ 11/21/2006 COUNCIL MEETING DATE: February 20, 2007 ITEM #:~ . 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. . '. . . 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. . WCIA Final Version 03-16-2006 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 '" o o N "- .... 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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 . . . ,---:{ z Q) Q) o u. o ~ o o N o co .... ~Q) Q)O Q)~ ... ... 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"~:'~: " ~ ::")I< ~, .....~: ,? ,~~ :t;, . ..'~ ~;:i.Q" ~'I;. ...,,~ , ~;', 'rIT;lH'I,: 1I111.L ,,:"~', /.:;, ., ',;,'~" -l UJ_ > ~- o 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 o 250 500 , D N 1,000 ,Feet Ilerikelcdlpaal2006lOelail_ 2_ BW.mxd Vicinity Map r?~' ,r-~-':" IW~". ;:~':1 " =. ~ ..t': , ' .;.1 ., i'd iWi', I ~~ ~, <-~ . ;" .'" ~ Federal Way ~ I I I~ ~ C' ,r\.~ W ~ T~: ~. I ~ I ~ ~~ I U)_ '~\r ~~ }- ~ I~\ /r~ ~ ~ ~,_S 32\\ S~,!l ~ ~'1 ~T ~~~; ~"'''''''L .C' '~'\'~TIt..,;.,~.'. <c,:.; '.' . ' '), ..": '; ,"; ~~ . ~..~. 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'," ii+ >, CT ~?, ~ .'. .,' ., ~;, c,,::'\;'i: ,....~-:,(,:r .t "'''''''''.'' .'," C', ;,' ~ Exhibit B-3 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 o 250 500 I 1,000 I Feel D N \\erike\cdlpaaI2006\OelaiL 3_ BW.mxd Vicinity Map i ,~j1r:""- i 'Q"~;'~";~:f~ ~ ,,;~;,*, ~ '.:;", ...:. , .~" ,'" ;t~r;~ ".,;"t. ;.~-...~ ~' .' ". ) ~ i J - ,~~, ; :.:'.'" <c' .; ',' ~ Federal Way Exhibit 8-4 Disposition of Right-of-Way along the Auburn and Federal Way Potential Annexation Areas 33 ST Ball w!l m~ mffi ~gjW~ II!~ ;mmlli ~D~. Legend o East Federal Way Annexation Area D Tax Parcels ~~~ City of Auburn 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 o 250 500 I 1,000 ,Feel D N IIerikelcdlpaa12006\OelaiL 4_BW,mxd [] D)- ~ Federal Way . . . 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 ."~' ''''f;'-''CJ'''' ''''''''''''''''I''W'''' ",," '. ' '" ,,' , '''ra . . 'ay ,,~: .":e ....e ' : . Y: . ; ..' .:, ".: ~~',"':':"i::;':;.";'/'<"";" ;':, "",t:(,', -,' '. " ",," ..x 13 10 /IF-50 PAGE OF Exhibit 3 Annexation Packet from July 17, 2006 LUTe Meeting . . . . 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 # . . . . . . 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. . . . . . . ~ 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. . Page 2 . . . 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 . . . 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 . . . . . . 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) f t . 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S 272nd ST oS): "11> i.-':' '<"~ " ~ .i 1>0 ~\: '~. c& '14' (1\-' ~.: -_.?_ 272.p.itqr., 'star:l~'ke' S 288th ST " . .' :"; '\..,~. , ,S2!lJljli'.sJ:~,"':" _~ :: '" . .-~ . . '. 0:' LakE!land ~~J- i:!',} Jovita .~.; %/- ....'..~..._.~...,~.:..,lo':....... ...:-: : I , II' 'S r= ::j 'P ~ 1J oil' Q , S 304th ST ~. w S 312th ST c/)' ' " r 3; J:, o u: o ,f:, S 3201h ST S 324th ST T <n f!! ~ !P f!! ~ 9 ...'0, ' .~ .' 0"', " 1~ .-:1 -,~. -. .~.' ."j E PAGE OE , Camelot j::) "~"11l' " <'(1'\ J.. (1 ,z ,J.. ~ 110 s. S. ",,?).. .~ <P.' d)' .,..... .tJ~.:f . -' \.:... III, ..' >':','.;...:--'~. .,~. :~~':~~;" ;~.,~~~ Combined Estimated Population (North): 12.374 v;~ -' ll) ... -.. .. ;.. . . HwY1'8 ."... "': . . . ,_.,,!@ '>- -',:$ J: >- W :~: >, i- C/): w: $ @ ,':;I;i''';O ! 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, 0- m 2 ~ :S u :> o I L~ N 0,25 - 0,5 .....dMiles 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 '. . . . . . . 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 - .t:. nl= .5 . . . .. . 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:=- OF5 '. ~~!by.~ t0f_~Lu.iis."J~!~j~~~~~~~~~P.:_~9~~::: ::'::::. ",:. ~::~" --' ..". ,.", '" "," '" w""","".'_ ," "" "... ....",..""", ,"'''" " ","..-" '"'' ,..-'... ... "'" ''''''''''''J ' ""."..",,,., ',..""~,__.'" ."'" '., . ". _.... _"""" ,,' ",_""", .. ='-='__ ,,_,P.9g_~..,,_..: .---..--- ----.-,. ....-.-- .-. -.- ._---~ i I t i. t i ! E I 1: I ! i I I I i I I I ! I I I i i f I , ! , ! I I. i l ~ t l ; [ I , f ! I ! i I l I ! I ! , , , I I I I f I , i I Ie I , I [ .~~~.:-j 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~~:] i I J. I I I I I I I I I I I i I I ! 1 ! . I 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. . ; , I. I ! ! i ~ ~ ~ f ~ , , ! , I i I i i ! , I I ~ I 1 r ~ i I 1. 1 ! ~: ~ I , I I I I I I I I i I . I i I I J~'._..m ~ I i t t ~ ~ , I ~ , ,.~~~,-...=~,~"~~_,=~,,,",~.~~~,~,.,""-,~~~,-,~~.~r.~,,_."_,..~",~~,~,=,~,_=,~J 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 . . . .' 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 , , . . . . . . 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) . . . NPDES INTERLOCAL AGREEMENT Page 8 of 15 . . . 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 . e . . . . 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 . . . . . . (Telephone ) L) (Facsimile) L) (Telephone ) L) (Facsimile) L) . . 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) . . NPDES fNTERLOCAL AGREEMENT Page 140f15 . '. . . . . . L-) (F acsimile) APPROVED AS TO FORM: NPDES~ERLOCALAGREEMENT Page 15 of 15 . . . 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 . Page 1 of 4 . . . 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 Page 2 of 4 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 . Page 3 of4 . . . 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. Page 4 of 4