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Council PKT 03-20-2007 Regular ,~ Federal Way City Council Meeting AGENDA COUNCILMEMBERS Mike Park, Mayor Jeanne Burbidge Jim Ferrell Jack Dovey Linda Kochmar Eric Faison Dean McColgan CITY MANAGER Neal Beets, City Manager OFFICE OF THE CITY CLERK March 20, 2007 - Regular Meeting AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall March 20, 2007 -7:00 PM (www.cityoffederalway.com) ***** 1. MEETING CALL TO ORDER 2. PLEDGE OF ALLEGIANCE - Todd Beamer Jr. ROTC 3. PRESENTATIONS a. Certificates of Appointment - Human Services Commission b. City Manager - Introduction of New Employees c. City Manager - Emerging Issues 4. CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: Approval of the March 6, 2007 Regular and Special City Council Minutes b. ENACTMENT ORDINANCE: Council Bill #430 - Carry-Forward Budget Adjustment c. 21 51 Avenue South Grid Road Project Acceptance and Retainage Release d. RESOLUTION: Sterling Woods Preliminary Plat Approval e. South 30Sth Street Stormwater Facility Modification Project - 30% Design Status Report f. 26th Avenue SW Drainage Replacement Project - 100% Design Status Report and Request Approval to Bid g. Annexation Interlocal Agreement h. 2007 Planning Commission Work Plan 1. West Hylebos Wetlands Park Boardwalk - 100% Design and Authorization to Bid J. Celebration Park Maintenance Building k. Cabins Park: Award Landscape Bid 1. Letter to Sound Transit Expressing City Support for the Korean Women's Association Project 6. INTRODUCTION ORDINANCES a. COUNCIL BILL #431- DEEMING GRAFFITI A PUBLIC NUISANCE. NOTICE AND VIOLATION AND AUTHORIZING ABATEMENT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTERS 1, 10 AND 22 OF THE FEDERAL WAY CITY CODE TO CREATE A NEW ARTICLE TO PROVIDE FOR THE REGULATION AND REMOVAL OF GRAFFITI, AND AMENDING THE FEDERAL WAY CITY CODE TO PROVIDE THE ABATEMENT AND OTHER ENFORCEMENT MECHANISMS b. COUNCIL BILL #432 -PROHIBITION AGAINST THE POSSESSION OF GRAFFITI TOOLS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6, ARTICLE IX, SECTION 6-215 OF THE .CRIMINAL CODE OF THE CITY OF FEDERAL WAY TO ADD THE CRIME OF AGGRAVATED GRAFFITI AND A PROHffiITION AGAINST THE POSSESSION OF GRAFFITI TOOLS AND CHANGE THE PENALTIES c. COUNCIL BILL #433 - AMENDMENT TO. AND CODIFICATION OF. THE CITY CENTER PLANNED ACTION ORDINANCE AN ORDINANCE OF THE CITY OF FEDERAL WAY WASHINGTON AMENDING ORDINANCE NO. 07-547 ESTABLISHING THE CITY CENTER PLANNED ACTION PURSUANT TO RCW 43 21 031 AND PROVIDING FOR CODIFICATION. (AMENDING ORDINANCE NO 07-547) 7. COUNCIL BUSINESS a. RESOLUTION: Saint Francis Hospital Certificate of Need b. Parks & Recreation Commission Vacancy c. Appointment of Municipal Court Judge 8. COUNCIL REPORTS 9. CITY MANAGER REPORT 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 COUNCIL MEETING DATE: March 20,2007 ITEM #: 5-a ___.MM__.......____._....____...H_.___.___.._.._...._.._._____..__.._____________....._..._.__.___._..._._......_.._._._..._._________._..._._.......___...........____._.___..._......_____......._______.__._.._.._....__...._..__.__ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should Council approve the draft minutes of the March 6, 2007 Special and Regular Meetings? COMMITTEE: Not Applicable MEETING DATE: Not Applicable CATEGORY: I:8J Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other "f$.!~XF....~.~Q~.!.~x:.J.Y~.t~l!.l!.!.!.~l!.~!..l!:._..._."".""...""_.._._..""."....".._.___.""".__"._""_._"_".."".__.__~~!'!"=.J~!.f!,~~J!.R.~~~~~~_"__._.._._".."".......""."""_"_ Attachments: Draft meeting minutes of the March 6, 2007 Special and Regular Meetings. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION: Staff recommends approving the minutes as presented. CITY MANAGER ApPROVAL: N/A Committee ~oRr::: DIRECTOR ApPROVAL: N/A N/A Committee Council COMMITTEE RECOMMENDATION: Not Applicable PROPOSED COUNCIL MOTION: "I move approval of the meeting minutes of the March 6, 2007 Special and Regular Meetings as presented". (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 # 1ST reading Enactment reading ORDINANCE # RESOLUTION # FEDERAL WAY CITY COUNCIL Council Chambers - City Hall March 6, 2007 Special Meeting Minutes 5:30 PM (www.cityoffederalway.com) ****** I. CALL MEETING TO ORDER Mayor Park called the meeting to order at 5 :30 PM. Councilmembers Burbidge, Kochmar, Dovey and Mayor Park present. Deputy Mayor Ferrell arrived at 5:35 PM. Councilmembers Faison and McColgan excused. II. CANDIDATE INTERVIEWS - HUMAN SERVICES COMMISSION Council interviewed the following candidates for positions on the Human Services Commission: 5:30 - Richard Agnew 5 :40 - Ronald Secreto 5:50 - Roger Freeman 6:00 - Deanna Heinrich 6: 10- Leonard "Russ" Williams 6:20 - Elizabeth Hughes 6:30 - Christopher Anderson III. DISCUSSION/DELIBERATIONS Council discussed candidate qualifications~ Appointments will be made at the March 6, 2007 Regular City Council Meeting to follow immediately at 7:00 PM. IV. ADJOURN Mayor Park adjourned the Special Meeting at 6:44 PM. ATTEST: Laura K. Hathaway, City Clerk Approved by Council on: FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall March 6, 2007 -7:00 PM (www.cityoffederalway.com) ***** 1. MEETING CALL TO ORDER Mayor Park called the meeting to order at 7 :06 PM. Councilmembers Burbidge, Dovey, Faison and Kochmar, Deputy Mayor Ferrell and Mayor Park present. Councilmember McColgan was excused. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Burbidge. 3. PRESENTATIONS a. City Manager - Introduction of New Employees Mr. Beets introduced Heidi Brousius, the City's new Domestic Violence Prosecutor. b. City Manager - Emerging Issues Mr. Beets stated there were two emerging issues to address this evening: Graffiti Abatement and an update on the Community Center. Graffiti Abatement: Mr. Beets announced that on April 21 , 2007, Earth Day, staff and volunteers, including students from Todd Beamer High School, will canvass the city painting out graffiti. He stated participants will be divided up into three teams: one will concentrate on the downtown area, one on the north/south corridors and one on the east/west corridors of the city. Mr. Beets also stated staff is working on code revisions in relation to graffiti which will allow for a quicker, more efficient abatement process. He stated more information will be coming out of the Land Use/Transportation Committee. Community Center Update: Parks Planning and Development Manager, B. Sanders reviewed the construction budget. She stated the project is on time and within the approved budget which includes all four alternates requested. Staff is asking that the amount allocated for the grand opening event be increased an additional $20,000 which would come out of the replacement reserve fund. Ms. Sanders reviewed sources of increased revenue, proposed enhancements and the grand opening event schedule. She stated to date over 500 passes have been sold. 4. CITIZEN COMMENT Barbara Reid - Stated the City is being over-taken with graffiti and cited specific areas that need attention. H. David Kaplan - asked that committee chairs be limited to two consecutive terms. John Wilde - thanked the Council for their dedication and hard-work. He also thanked Police Officer Shaw for her professionalism in dealing with a problem faced by his neighbor. Lastly he asked about the poor quality of School Board tapings. Councilmember Kochmar asked Mr. Beets to address Ms. Reid's concerns. Mr. Beets stated that as a result of Proposition 1, the City will soon be adding a third Code Enforcement Officer who will be assigned to graffiti abatement as well as an additional Parks Maintenance Worker who will be assigned to graffiti removal in the parks. Mr. Beets also asked people to call the tip line to report specific areas of graffiti. 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 20,2007 Regl.!lar City Council Minutes - Approved b. Final 2006 Monthly Financial Report - Approved c. Vouchers - Approved d. Acceptance of the 2007-2008 Proposed Use of One-time Human Services Funding- Approved e. Composition and Membership of RFQ Selection Committee - Approved f. Approval ofRFQ for Redevelopment of Former AMC Theater Site -Approved g. Resolution: Approval of Mirror Estates Preliminary Plat - Approved: Resolution #07-493 h. A WC Worker's Compensation Retro Program - Approved 1. Resolution: Assistant City Manager and Police Chief 40 1 Governmental Money Purchase Plan - Approved: Resolution #07-494 J. "Overhire" Combo Electrical/Building Inspector - Approved k. 2007 Commute Trip Reduction Agreement Amendment - Approved 1. 2007 Asphalt Overlay Project Bid Award - Approved MOTION: Deputy Mayor Ferrell moved approval of the Consent Agenda as presented. Councilmember Dovey second. The motion carried 6-0. 6. INTRODUCTION ORDINANCES. a. Council Bill #430 - Carry-Forward Bud2et Adiustment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 2007-2008 BIENNIAL BUDGET (AMENDS ORDINANCE 06-537). City Clerk Laura Hathaway read the Ordinance Title into the record. MOTION: Councilmember Kochmar moved the Carry-forward Budget Adjustment Ordinance to the March 20, 2007 Council meeting for second reading/enactment. Councilmember Burbidge second. The motion carried 6-0. 7. COUNCIL BUSINESS a. Human Services Commission Appointments MOTION: Councilmember Kochmar moved the following appointments to the Human Services Commission: Richard Agnew, Roger Freeman, Ronald Secreto, Deanna Heinrich and Russ Williams to full terms expiring on 1/31/2010; Elizabeth Hughes to an unexpired term expiring 1/31/2009 and Christopher Anderson appointed as an Alternate expiring 1/31/2008. Councilmember Bl,lrbidge second. The motion carried 6-0. 8. COUNCIL REPORTS Councilmember Dovey stated the next Land Use/Transportation Committee Meeting is scheduled for March 12,2007. On the agenda is the proposed graffiti ordinance language. Councilmember Burbidge stated the next ParksIRecreationlPublic Safety Committee Meeting is scheduled for March 13,2007 at 5:00 PM. She highlighted the arrest of a local theft ring that resulted in information being provided on numerous other crimes from Olympia to Kent and thanked the Public Safety Department for their hard work. She also updated Council on several regional transit meetings she will be attending as well as upcoming community events. Councilmember Kochmar stated the next Finance, Human Services and Regional Affairs Committee meeting is scheduled for March 27,2007. She also read a letter received by a citizen complimenting the work of Officer Novak for her professionalism at an accident scene. Mayor Park stated the Lodging Tax Advisory Committee will meet on March 9, 2007 at 9:00 AM. 9. CITY MANAGER REPORT Mr. Beets had no report other than to state Council would adjourn to Executive Session to discuss the following items: Potential Litigation pursuant to RCW 42.30.110(1 )(i) and Evaluate Qualifications of Public Employee pursuant to RCW 42.30.110(1)(g) expected to last approximately 30 minutes with no action. 10. EXECUTIVE SESSION a. Potential Litigation pursuant to RCW 42.30.110(1 )(i) b. Evaluate Qualifications of Public Employee pursuant to RCW 42.30.110(1)(g) Council adjourned to Executive Session at 8:04 PM. Council announced they would need an additional 15 minutes in Executive Session at 8:43 PM. Deputy Mayor Ferrell recused himself from item b: Evaluate Qualifications of Public Employee pursuant to RCW 42.30.110(1)(g) at 9:52 PM. 11. ADJOURNMENT Mayor Park adjourned the Regular Meeting at 9:07 PM ATTEST: Laura Hathaway, City Clerk Approved by Council on: _ COUNCIL MEETING DATE: March 6, 2007 ITEM #: 5-b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2007 CARRY -FORWARD BUDGET ADJUSTMENT POLICY QUESTION: Should the City approve the 2007 Carry-Forward Budget Adjustment? COMMITTEE: Finance, Human Services & Regional Affairs Committee MEETING DATE: February 27,2007 CATEGORY: D Consent [2l Ordinance D Public Hearing D City Council Business D Resolution 0 Other ~_T A!~!~x..~~!._~y: Tho ~aus, Fi~anc.<? M~1!.~g~!"_::1t:___________.____._.~~PT: Managem~~t Se~ces ______._. Attachments: · Budget Adjustment Summary, Memo, and Ordinance. Options Considered: I. Approve the 2007 Carry-Forward Budget Adjustment Ordinance as presented. 2. Provide direction to staff on modifications to the 2007 Carry-Forward Budget Adjustment Ordinance and forward to the full council at the next regular council meeting. STAFF RECOMMENDATION: Option 1. CITY MANAGER ApPROVAL: ~I DIRECTOR ApPROVAL: ~ounCil COMMITTEE RECOMMENDATION: Move the carry-forward budget adjustment in the amount of $23,932,2f1t5 to the full Council for QfJprmJnl -(1yr:;,r vUid.tn,1f OY\.... M/J.X~ UI {)-Dol. $}4-, OOU, t;ltJ. J eanne Burbidge, Member ~ - -Bx{lAC;e!J Jack Dovey Member PROPOSED COUNCIL MOTION: HI move approval of the 2007 Carry-Forward Budget Adjustment Ordinance to second reading and enactment at the next regular council meeting on March 20, 2007. H (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) .~. OUNCIL ACTION: ~ APPROVED o DENIED o T ABLED/DEFERRED/NO ACTION . 0 MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # .1/L77 CITY OF FEDERAL WAY MEMORANDUM Date: February 21,2007 To: Finance, Human Services & Regional Affairs Committee Neal Beets, City Manager Tho Kraus, Finance Managef...-{lL Carry Forward Budget Adjustment Ordinance Via: From: Subject: Backeround The carry forward budget adjustment makes the following types of modifications to current year's budget: 1. Adjust the beginning fund balance available based on the actual year-end balance of the previous year; 2. Appropriate projects that were budgeted in the prior year, but not completed and will continue during the current year; and 3. Make other changes or correction as needed. General and Street Fund Operations: The preliminary $3.8 million General and Street fund balance is over and above the amount projected for 2006 year-end. ' However, of this amount, $1.32 million will be needed to continue existing projects not yet completed and/or previously approved by council and $386 thousand in recommended new items listed below. The $3.8 million is made up of $1.76 million in higher revenues than budgeted and $2.02 million in unspent expenditures. The source of increase in revenues is permit fees ($545K), sales tax ($290K), property taxes ($192K), miscellaneous/other ($122K), interest earnings ($ 11 7K), gambling tax ($I13K), public safety ($99K), state shared revenue ($97K), court revenue ($76K), franchise fees ($56K), recreation fees ($50K), criminal justice sales tax ($8K), and licenses ($6K), leasehold tax ($2K), offset by passport fees ($17K) that did not meet budget projections. I On the $2.02 million unspent expenditures, $1.32 million will be needed in 2007 for projects in progress and $386 thousand in one-time items as listed below for Council funding consideration. · Provide $150K for City-wide City Hall Space Modifications to Implement Prop 1; · Provide $38K for Public Safety Conversion of Old Rifles and New Rifles/Replacement for Shotguns; · Provide $10K for Public Safety Crowd Control Munitions and Equipment; . Provide $31 K for Opticom in Public Safety Vehicles; · Provide $6.5K for Pawnshop Data Sharing (Leads On-Line) Program; . Provide $IIK for Public Safety Portable Alternate Light Source; . Provide $13.5K for 4 Speed Board Readers;' , · Provide $26K for Emergency Management Temporary Help for Public Education and Outreach; and . Move $IOOK Snow & Ice Reserves to Budgeted Contingency. With these adjustments included, there will be $2.06 million remaining in unallocated General Fund balances. As in past years, staff recommends Council to keep the funds in fund balance until the mid-biennial budget review when all potential funding needs can be evaluated and prioritized, such as the funding short fall for SR 99 Phase 3 and S 3520d Improvement Projects, unless immediate funding is needed to address life safety concerns of the community. Desif!nated or Proiect Soecific Funds: With the exception of New Community Center CIP, the balance of the adjustments are for continuation of designated programs or capital project funds and includes: $20.54M in CIP funds; $59K for arterial streets overlay; $55K for New Community Center Transition; $24K in 2% for the arts for community center project; $169K in lodging tax funds; $IK for Paths and Trails; $303K for GAC capital; $441K in internal service funds for projects; and $437K in enterprise funds for continuation of projects. As reported earlier, the New Community Center CIP proposed adjustments are comprised of three elements: I) $78K for correction due to rounding of the original budget; 2) $505K total in enhancements funded with donations and additional revenues from Klahanee proceeds, interest earnings, and includes building security/CCTV ($160K), improved sound system ($70K), outdoor furniture ($45K), outdoor playground equipment ($30K), miscellaneous operating equipment ($ lOOK), move in & building adjustments ($ I OOK); and 3) $294K to add non-construction budget. Overall, this is a combined total adjustment of $24,006,564. FHSRAC February 27, 2007 Agenda Item K Page 2 of 10 k:\fin\biennial\ordinanc\2007 cfadj memo.doc 2006 Results of Operations General & Street Fund Only Budget vs. Actual YND Estimate vs. Actual GENERAL & STREET FUND Year 2006 Favorable (Unfavorable) Favorable (Unfavorable) Summary of Sources & Uses Budget YND Estimate I Actual $ % $ % Carryforward Request Beginning Fund Balance $ 4,728,229 $ 4,728,232 $ 4,728,229 $ 0.0% $ (3) 0.0% $ 3,786,084 OPERATING REVENUES Properly Taxes 8,692,174 8,692,174 8,883,719 191,545 2.2% 191,545 2.2% - Sales Tax 11.120,000 12,120,000 12,409,719 1,289,719 11.6% 289,719 2.4% - Criminal Justice Sales Tax 1,877 ,000 1,945,240 1,953.822 76,822 4.1% 8,582 0.4% Intergovernmental 2,287,000 2,252,194 2,349,500 62,500 2.7% 97,306 4.3% - Leasehold Tax 2,500 2,026 4,592 2,Q92 83.7% 2,566 126.7% Gambling Taxes 1,414,000 1,250,000 1,363,468 (50,532) -3.6% 113,468 9.1% - Court Revenue 976,000 896,000 971.689 (4,311) -0.4% 75,689 8.4% - Building PermitslFees-CD 1,653,400 2,412,600 2,806,343 1,152,943 69.7% 393,743 16.3% ROW Permits/Fees-PW 370,000 395,201 546,587 176,587 47.7% 151,386 38.3% Licenses 210,517 233,518 239,437 28,920 13.7% 5,919 2.5% - Franchise Fees 733,000 815,206 871,451 138,451 18.9% 56,245 6.9% - Passport Agency Fees 86,000 86,000 69,430 (16,570) -19.3% (16,570) -19.3% - Recreation Fees 874,335 778,370 828,823 (45,512) -5.2% 50,453 6.5% - Public Safety 1,125,865 979,500 1,078,790 (47,075) -4.2% 99,290 10.1% IAdmin/Cash Management Fees 560,000 560,000 560,000 - 0.0% - 0.0% Interest Eamings 183,000 410,408 526,981 343,981 188.0% 116,573 28.4% - Mise/Other 229,700 82,097 261,106 31,406 13.7% 179,009 218.0% - Transfer In Utility Tax-Celebration Park 245,962 246,000 245,962 - 0.0% (38) 0.0% - Transfer In Utility Tax-Kenneth Jones Pool 319,000 319,000 319,000 0.0% - 0.0% - Transfer In Utility Tax-Arts CommlRW&B 93,750 93,750 93,750 - 0.0% - 0.0% - Transfer In Utility Tax-Police Positions 625,000 625,000 625,000 - 0.0% - 0.0% - Transer In Utility Tax-Camp Kilworth 50,000 50,000 50,000 - 0.0% - 0.0% Transfer In Utility Tax-Street Bond Projects 202,000 202,000 202,000 - 0.0% - 0.0% - 'Transfer In Utility Tax-New Street Lights 108,300 108,300 108,300 - 0.0% - 0.0% - Total Onerating Revenues 34,038,503 35,554,584 37,369,469 3,330,966 9.8% 1,814,885 I 4.9% - OPERATING EXPENDITURES City Council 409,317 427,315 403,374 5,943 1.5% 23,941 5.6% - City Manager 908,228 911,859 913,472 (5,244) -0.6% (1,613) -0.2% 9,369 Federal Lobbyist $9K Municipal Court-Operations 1.158,496 1,159,762 1,057,856 100,640 8.7% 101,906 8.8% Court Renovation Economic Development 292,893 284,008 232,458 60,435 20.6% 51,550 18.2% 48,900 SEPA $15K; Leland Contract $34K Wellness prog $11 K; Document Imaging $7K; Records Management $21K; Election Management Services 1,901,022 2,023,026 1,793,521 107,501 5.7% 229,505 11.3% 74,808 Costs $20K; IT Temp Help $16K Outside Legal CounseVEmployment CivillCriminal Legal Services 1,200,561 1,201,369 1,049,808 150,753 12.6% 151,561 12.6% 72,091 Practice Permils/Land UseTemp Hetp $ 210K; HS Contract $12K; Org Capacity Prog $37K; CERT $2K; Shoreline Master Plan $130K; Abatement Funds $6K; Volunteer Dinner $4K; Permit System $49K; Code Comp Prop Comm. Development Svcs 3,685,745 3,782,738 3,401,305 284,440 7.7% 381,433 10.1% 478,154 1 Vehide $24K LJail Services 1,384,060 1,484 ,060 1,354 ,295 29,765 2.2% 129,765 8.7% JAG Grant $35K; BZPP Grant $48K; Future BVP Grant Malch $84K; Seizures $229K; Reinvesting in Youth $10K ($5K each year in 07/08); Explorers $7K; Memorabilia $IK; Properly Bureau $2K; Prop 1 & Overtlire $120K; RMS SW $3K; New Copier $5K; Convert Old Rifles $18K; New Rifles $20K; Opticom $31K; Portable Allemate Light Source $IIK; Crowd Control Munitions & Equipment $10K; Pawnshop Dalasharing Police Services 17,649,507 17,626,173 17,058,301 591,206 3.3% 567,872 3.2% 638,906 (Leads Ontine) Prog $6K; Speedboard Camp Kilworth M&O $50K; Arts Parks and Recreation 4,057,237 4,023,198 3,933,902 123,335 3.0% 89,296 2.2% 98,362 Commission $45K; Recreation System $3~ EOC Temp Help for Public Education & Outreach $26K; Joint EOC Funds $90K; Traffic Modeling $102K; CTR $30K; Snow Public Works 4,259,988 4,159,238 3,820,009 439,979 10.3% 339,229 8.2% 348,547 Ice $100K Cilv-Wide City Hall Space Adjustment for Prop 1 and - - - nla nla 150.000 Other Changes otal Ooerating Expenditures 36,907,054 37,082,746 I 35,018,301 1,888,753 I 5.1% 2,064,445 I 5.6% 1,919,137 Operating Revenues over/(under) 3,879,330 I Ooerating Exoenditures (2,868,5511 11,528,162) 2,351,168 5,219,719 -182.0% -253.9% 11,919,137) OTHER FINANCING SOURCES One-Time Transfers In 55,450 55,450 58,080 2,630 4.7% 2,630 4.7% 9,369 Federal Lobbyist Police Grants $83K; Comm Dev Grant Grants & Other 133,686 147,348 88,015 (45,671) -34.2% (59,333) -40.3% 207,965 $95K; CTR Grant $30K Total Other Financing Sources 189,136 202,798 146,095 (43,041 ) -22.8% (56,703) -28.0% 217 ,334 OTHER FINANCING USES City Manager Contingency 907,747 907,747 100.0% - nla One-Time Transfers to CIP 100,000 100,000 100,000 - 0.0% - 0.0% Other - - 36,546 (36,546) nla (36,546) nla - Total Other Financing Uses 1,007,747 100,000 136,546 871,201 86.5% /36,546) -36.5% ENDING FUND BALANCE $ 1,041,067 I $ 3,302,868 I $ 7,088,946 $ 6 047 879 I 580.9% $ 3 786 078 114.6% $ 2,084,281 Change in Fund Balance Ending Fund Balance Detail: Interfund Loans 10,000 10,000 20,000 10,000 nla 10,000 nla 20,000 Fund Balance Designation Snow & Ice Removal 100,000 100,000 100,000 - nla nla - Reserved for Next Yea(s Contingency - 2,483,266 2,483,266 , 2,483,266 nla - nla - Unreserved $ 931,067 $ 709,602 $ 4,485,680 3554 613 nla $ 3 776 078 nla $ 2,064,281 Available Fund Balance "">""\.. <;UI 'Oil y L.T I '" IJIlT Agenda Item K Page 3 of 10 A IT ACHMENT B CITY OF FEDERAL WAY 2007 CARRYFORWARD BUDGET ADJUSTMENT General Fund: Citv- Wide New Program-IS Charge-City Hall Space Modification to Implement Prop I..... ......... ........ ......... ......... .......... ........ City Manager CM-Federal Lobbyist-2006 Contract Balance (Offset by CIP Transfer).. .... .... .... ... ......... .... ..... .................. .......... EDC-Planned Action SEPA ($14,500) and EIS Copies ($500)........... ............... ............. ................. ...... ............ EDC-Leland Consulting Group 2007 Contract............................................................................................. Community Develooment HS Contracts Balance ($2,509) and Contributions/Donations received in 2006 for Human Services ($<), 126)................... HS-Organizational Capacity Building Program-Balance... ........... ....... ....... ......... .... ... ..... ... ............... .... ..... ..... ND-CERT Program Supplies ($2,374), Volunteer Dinner Supplies & Professional Services ($3,646)............................ PL-Shoreline Master Plan Grant Grant Balance ($94,757) and City Portion ($35,225).............................................. PL-Backfill Staff (vacation)-Current Planning Projects.. .................. .............. ............. .... ..... ...... ...... ..... .... ...... PL-Prior Council Approval-One Time Staffing-From 2006 I-Time Project Savings..... ..... ...... ....... ...... ......... ........... BL-Temporary Staff-Permits (continuation of counter assistance)...................................................................... BL-Abatement Funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . BL-IS Charge-Code Compliance Prop I Vehicle-Capital Contribution................................................................. BL-IS Charge-Replace Worn out Seats-Inspector Vehicles.............................................................................. BL-Phase II OnLine Permit System-Capital Contribution........ ...... ......... .... ........ ... ........... ....... ............... .... ..... Law Outside Legal Services.......................................................................................................................... Management Services HR- Wellness Program-Balance. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . AD-IS Charge-Document Imaging System ($7,200) Records Management ($21,000)-Capital Contribution..................... CL-Election Services-Costs in Excess of 2007 Adopted Budget of $90K.........................................................:.... IS Charge-Information Systems Fund-Temporary Help................................................................................... Parks & Recreation MT-Camp Kilworth M&O-2006 Balance-Transfer to Camp Kilworth CIP. .... ...... ..... ....... ......... ...... ............ ..... ..... REC-Arts Commission 2006 Balance................. .'..................................................................................... REC-General Recreation System Enhancements........................................................................................... Public Safety 2005 JAG Grant Balance ($19,049), 2006 JAG Grant Balance ($15,962) & BZPP Equipment Grant ($47,166}:.......... ..... BVP Settlement $-Set aside for future Bulletproof Vest Grant Match.................................................................. State ($922) & Federal Seizure ($234,844 )-Balances and Reinvesting in Youth ($5,000-Seizure Funded)...................... Explorer Program-Balance ($6,800), Memorabilia Account ($664), Property Bureau Proceeds ($1,813)........................ IS Charge-Prop I & Overhire Startup Costs........... ...................................................................................... PS-RMS SW Enhancements ($2,698) and New Copier ($5016, Use $5984 RR)-Capital Contribution.... ............. ..... ...... New Program-Life Safety-Convert Old Rifles ($ 18,000), New Rifles/Replacement for Shotguns ($20,000)..................... New Program-Life Safety-Crowd Control Munitions and Equipment..... ...... ......... ... ............ ....... .... ... ......... ... ....... New Program-Life Safety-Opticom @ $800 per Vehicle ($31,000).. ........ .... ... ........ ....... ...... ... ...... ...... ....... ... ...... New Program-Life Safety-Pawnshop Data sharing (Leads Online) Program-Seizure Funded....................................... New Program-Life Safety-Portable Alternate Light Source..... ..... .... ........ ...... ....... ............ .... ..... ... ......... ... ..... ... New Program-Life Safety-4 Speedboard Readers (4).. ............... ............ .... ........... ......... ... ............... ...... ... ..... Street Fund: EOC-New Program-Temporary Help- Public Education and Outreach-Source is 2006 Savings........ ... ......... ................ EOC-Joint Emergency Management Funds-Balance..... ..... .......... ............ ..... ............... ..... .... ..... ... .... ........... ... TR-Traffic Modeling-Balance from RST Contract..... ........ .... .... .......... ...... .......... ..... .... ... ......... ... ..... ...... ...... DS- Traffic Modeling-Balance from Parametrix Contract................................................................................. CTR -Commute Trip Reduction-Deferred Revenue Balance-Grant Funded.......................... ......... ................... ...... New Program-Move Snow & Ice Reserves to Budgeted Contingency....................... ............ ......... ............... ... .... Subtotal GeneraI & Street Fund Arterial Street Fund: Arterial Streets Overlay-Balance............................................................................................................. Hotel/Motel Lodging Tax Fund: Hotel/Motel Lodging Tax-Balance........................................................................................................... Community Center Operations: Community Center Transition Budget-Balance.... ...... ..................... ... .... ...... ... ............ ............ ....... .... ....... ... Paths & Trails Fund: Paths & Trails-Balance................................................................................................................ ........ Subtotal Special Revenue Funds 2007 2008 150,000 9,369 15,000 33,900 II ,635 37,217 6,020 129,982 39,606 115,927 54,766 6,019 24,000 4,000 48,982 72,091 10,608 28,200 20,000 16,000 50,000 45,012 3,350 82,777 83,950 224,266 9,277 115,922 7,714 38,000 10,000 3 1,000 6,500 II ,000 13,500 5,000 25,958 89,703 32,900 69,555 30,43 I 100,000 1,914,137 5,000 59,081 169,064 55,273 FHSRAC February 27, 2007 Agenda Item K Page 4 of 10 603 284,021 2/21/2007 2:05 PM 2007 Carryforward list 0708 CITY OF FEDERAL WAY 2007 CARRYFORWARD BUDGET ADJUSTMENT Downtown Redevelopment CIP Fund: Downtown Redevelopment-2006 Balance......... .......... .... ....................... ................ ........................ ......... ... City Facilities CIP Fund: NCH-Close Out New City Hall-Transfer to Fund 505 Buildings & Furnishings Replacement Reserves.......................... KLCC-Klahanee Facility-Project Balance.................................................................................................. KLCC-Transfer $90,000 Additional Proceeds to NCC CIP (Reallocation of Beginning Fund Balance).. ......... ............... New Community Center-Balance. . . . . . . . . . . . . . . . . . . . .. .. . . .. . . . .. .. . .. . .. .. . . . .. . . . . . . . . . .. .. . .. . . .. . .. . . . . . . . . . . .. . . . . .. .. . . . . . . .. . . . . . . . . . . New Community Center-Correction to New Community Center Adopted Construction Budget.................................... New Community Center-Proiect Enhancements Building Security/CCTV................................................................................................................. Improved Sound System.............................................................. .................................................... Outdoor Furniture........................................................ .................................................................. Outdoor Playground Equipment. . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . .. .... .. . . . .. . . .. . . . . . . . . .. . . .. . . . . .. . . . . . . . . . . . .. . . . .. . . Miscellaneous Operating Equipment. . . .. . . .. . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . .. . . . . . . .... .. .. . .. . . . . .. . . . . . . . . Move In & Building Adjustments.... ... ......... .... ...... ... ........... ............. ...... ... ............... ...... ...... ...... ........ New Community Center-Adiust Non-Construction Budflet ConstructabilityNalue Engineering-Use Earned Interest........................................................................... Building Commissioning-Use Earned Interest.... .... ... ...... ......... ... .............. .... ........ ......... ... ....... ..... .... ..... Business Plan & StaffinglFee Structure-Use Earned Interest....................................................................... Parks CIP Fund: Sacajawea Sportsfield Improvements-Balance............................................................................................. Neighborhood Parks-Thompson Open Space/Cedar Grove-Balance.................................................................... Celebration Park-Balance. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Historical Cabins Park-Balance.............................................................................................................. Major Maintenance-Parks Facilities-Balance.... . . . . . . . . . . . . . .. . . . .. . .. . . . . . . . .. . . . . . . .. ... . . . . . . . . . .. . . . . . . . .. . . .. .. . . . . . . . . .. .. . . . . . .. ... Parks Acquisition-Madrona Property-Balance............................................................................................. Downtown Park-Balance........ ...............................,'............................................................................... Playgrounds-Balance ($8,864) and Transfer to Thompson Open Space/Cedar Grove ($65,000)................................... Playgrounds-Reduce 2007 Playground Budget & Transfer $67K to New Comm Center Playground Equipment.............. ... Bike Facility-Balance..................................................................................................................... ..... Lakota Park-Balance.......................................................................................................................... . Hylebos Boardwalk-Project Balance & Grants............................................................................................. Sacajawea Park Master Plan-Balance.. ........... ...... ............. ..... ...... .......... ..... ...... .......... ......... ... ......... ........ Saghalie Park-Sports field Renovation/Artificial Turf-Balance.......................................................................... Camp Kilworth-Transfer-in 2006 M&O for Clean-Up and Interest Payment on Note..... ............ ......... ........ .... .......... Camp Kilworth-Balance (-$535,225) & Grants Anticipated ($1,500,000)............................................................. Surface Water Management CIP Fund: Small CIP/Annual Programs-Balance................................................................. ....................................... SW 356th Regional Storm Water Facility-Balance............. .......... .... ........... ........ ......... ............. ............ ........ West Hylebos Channel Stabilization/Restoration-Balance ($364,710) & Grant Balance ($112,568).............................. West Branch Lakota Creek Restoration-Balance........................................................................................... SW 325th St Culvertffrunk Replacement-Balance..... ... ........ ........ ........ ... ......... ............ ...... ... ..... ....... ........... East Branch Lakota Creek Restoration-Balance..... ..... ... .... ... .... ..... ... ... ......... ..... ...... ............ ...... ... ... ...... .... ... Lakota Wetland Regional Pond-Balance.................................................................................................... S 373rd Bridge and Hylebos Replacement-Balance. ................ ... ..... ...... ...... .... ..... .......... ...... ... ............ .......... Joe's Creek Regional Stormwater Facility & Salmon Habitat-Balance................................................................. SW 320th Street Crossing-Balance........................................................................................................... SW 332Nd Street Trunk Replacement-Balance..... .... .............. ......... ....... ......... ........... ......... .... ........... .... ..... Mirror Basin Detention Pond-East 15"-Balance.. ..... ... ....... ... ............ ... ......... ........ .... ......... ........ .......... ..... ... Lake Jeane Outlet Control Structure-Balance.. ........ .......... ........ .... ... .............. .... ....... ........ ..... .......... ..... .... ... West Hylebos Basin Land Acquisition-Balance.. ..... ...... .... ... .... ........ ... ..... .... .............. ....... ... ..... ............ ....... Transportation CIP Fund: Transfer to General Fund for Federal Lobbyist 2006 Contract Balance...... ........ ............ .... ........ ..... ..................... Transportation Systems Safety Improvements-Balance........ .... ........ ..... .......... ......... ... .... ........ ........ ....... .... ..... South 356th St SR99 to 1st Ave-Balance. ....... ..... ... .... .......... ..... .... ... ............. ..... ::.... ..... .... ... ... ... ......... ....... SR99 Phase 2-Balance...................................................................................................................... ... So 348th St @ 1st Ave So-Add Turn Lanes-Balance ($124,489) & Grant Anticipated. ............. .... .............. ..... ......... 21st Ave SW/SW 357th St: SW 356th-22nd Ave SW-Balance.............. ........................ .... ........ .... .................... . So 348th St: 9th Ave So to SR99-Balance $92,729 and Grant Reduction of$893,800)........ .............. ....... ............ .... So 320th St @ 20th Ave South-Balance........... ........... ............. ..... ................ ...... ......... ... ..... ...... ........ ........ So 348th St @ SRI 6 I (348h & Enchanted)-Balance...................................................................................... SR99 Phase 3 (Ending Proj. Bal $335,694, Actual TIB $2,456,804 & Fed Award $2,000,000, Elim Est Grant $6.695M).... SR99 Phase 3 (Actual TIB $2,456,804 & Federal Award $4,470,449, Elim Est Grant $2,350,000)........ .......... ............. SW 312th St @ SR509-Balance.......... ....... ....... ....... ... .......... .... ........ ... ........... ...... ....... ... ..... .......... ......... So 320th St : 8th Ave S-SR99-Balance.... .... ......... .... ....... ........... ........... ..... ............ .......... .... ..................... 9th South and 336th-Balance.................................................................................................................. 10th Ave SW/SW 344th St-Balance....... ..... .... ......".,... .......... ..... ...... ......... ............... ..................... ..... ..... FHSRAC February 27, 2007 Agenda Item K Page 5 of 10 2/2112007 2:05 PM 2007 Carryforward list 0708 9,320,676 564,677 75,097 1,202,364 78,451 160,000 70,000 45,000 30,000 100,000 100,000 149,759 35,000 88,790 $54,463 $35,637 $213,362 $69,242 $144,712 $9,277 ($3,950) $73,864 $0 $IO,OOO $23,623 ($8,3 II) $27,618 $31,991 $50,000 $964,775 139,779 4,969 $477,278 $94,954 $155,970 $256,806 $5,000 $4,827 $162,434 $499,671 $27,691 $48,000 $60,075 $399,510 9,369 28,336 1,947,353 II 9,4 II 124,489 44,587 (80 I ,07 I) 194,959 158,914 (1,902,502) 8,340 246, I 08 79,516 211,825 1,052,800 715,253 CITY OF FEDERAL WAY 2007 CARRYFORWARD BUDGET ADJUSTMENT So 336th St @ 1st Way So-Balance...........".............. ..... ............. ..................... ........... ............. ... .............. 1st Ave So and So 28th Intersection-Balance.............. ........ ... .........."........ ...... ..... ................... .... ."... .... ......... So 336th St: 18th Ave So-I5-Balance.................... ....................... ...... ......... .... ......... .......................... ....... 15 City Center Access Study-Balance........................................................................................................ South 320th Street @ 1st Ave South-Reallocate $ to So 352nd Street Extension from SR99 to SRI61.......... ....... .......... So 352nd Street Extension From SR99 to 16I-Balance ($47,747) & Shifting $ from So 320th @ 1st Ave ($1,000,000).. .... So 320th St: 1st Ave to 8th Ave So-Balance.. ............. .......... ....... ....... ............ .............. ...... ........... d....... ..... So 344th St: SR509 - 16th Ave So-Balance..... ...... ........... ............ ... ....... .... .................................. .......... ..... So 320th St @ I5-Balance.... ....... ..... ................ .................. ... ........ ....... ...... .................. ..... .................... 1st Ave So: So 292nd St - So 3I2th St-Balance............................................................................................ SR99 Phase 4 (Ending Proj Bal $932,726, Actual TIB $1,500,000 & Federal Award $2,440,584, Elim Est Grant $2.I50M) SR99 Phase 4 (Actual TIB $865,789 & Eliminate Est Grant $2,350,000)............................................................. 1st Ave & So 333rd Signal-Balance.. ......... ....... .......... .......... ...... ............... ...... ....... ....... .... ..... ......... ........ So 3 12th St @ 28th Ave So-Balance.........................................................................:............................... 21st Ave So, So 3 18th to So 320th-Balance........... ........ .......... .............. .... ......... ........... ....... ........... ........... South 356th /BPA Trail-Balance.. ........ .......... ..... ...... ............ .... ........... .... ...... ...... ...... ............ ..... .... ........ Undergrounding of Overhead Crossing on SR99 (WSDOT)-Balance................................................................... SubtotaI Capital Project Funds Surface Water Management: King County ILA WRIA....................................................................................................................... Steel Lake Management District-Balance................................................................................................... Dumas Bay Centre Fund: DBC-Carpet, Irrigation, Roof Repair-Balance. ............................................................................................_ DBC/KFf Rehab Project-Balance..... ........ ....... ...... ..... ...................... ... ..... .... ........ ........ ..... ... ........... ....... DBC Site Restoration Phase 2-Balance...................................................................................................... KFf-Deferred Maintenance-Balance........................................................................................................ Risk Management Fund: CDIBL-Prop I Code Compliance Vehicle Insurance...................................................................................... Information Systems: Adopted Budget Correct-Court Printer $2,500 & Eliminate Duplicate Entry ($50,000)-No Impact to Oper Funds.............. CW- Temporary Help........................................................................................................................... PS-Overhire Program I -Time Setup Charges ($ 18,046) & Hardware ($1,876)....................:.................................. CDIBL-Phase II Online Pennit System ($48,982) and PKlREC-Recreation System Enhancements ($3,350).................... MS/CL-Records Management System ($21,000) and Document Imaging Systems Enhancement-Use Reserves................. CW -Server Software Licenses/Enhancements ($4,250) & Data Backup Hardware/Software ($4,250)-Use Reserves........... PS RMS SW Enhancement ($2,698) and WI-FI Proiect Balance ($15,167).. ......... ............ ...... ...... ......... ..... .......... Mail & Duplication Services Fund: PS-New Copier in Admin Area............................................................................................................... Fleet & Equipment Fund: Prop I Code Compliance Vehicle-Capital in 2007 and M&O in 2008................ ............. ...... .................. ............. PK/MT- Tractor Mounted Slicer Seeder-Use of Reserves.. ............................................................................... PS-Prop 1 & Overhire Program-Startup Costs.............................................................................................. BL-M&O Exp-Replace Worn out Seats-Inspector Vehicles................... .... ..... ... ...... ....... ...... ... ...... ......... .......... Buildings & Furnishings Fund: NCH Energy Study/Modification-Source is Savings ($74,334) and New City Hall Close Out ($25,666)......................... New Program-City Hall Space Modification to Implement Prop 1.................................................. .................... Subtotal Proprietary Funds Special Studies/Contracts Fund: Government Access Channel-Balance....................................................................................................... 2% for the Arts Fund: 2% for the Arts-2006 Balance.................:.............................................................................................. Subtotal NonAnnualPrograms 70,918 39,103 6,179 (805, I 44) 1,047,747 22,498 9,044 100,563 9,717 2,723,310 63, I 59 846 350,564 12,310 85,851 20,259,380 (1,484,211) 283,842 2,667 16,725 15,308 268, II 8 113,985 20, I 28 2,500 16,000 19,922 52,332 28,200 8,500 17,865 II,OOO 24,000 II,465 96,000 4,000 100,000 150,000 978,715 1,000 (50,000) 3,400 (45,600) 302,906 24, I 63 327,069 GRAND TOTAL-ALL FUNDS 243,242 23,763,322 2/21/2007 2:05 PM 2007 Carryforward list 0708 FHSRAC Febrllary 27, 2007 Agenda Item K Page 6 of 10 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS AND F1NANCE, REVISING THE 2007-08 BIENNIAL BUDGET (AMENDS ORDINANCE 06-537). WHEREAS, certain revisions to the 2007-08 Biennial Budget are necessary; and WHEREAS, these revisions are a result of funds to be carried forward from 2006; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment. Ordinance 06-537, Section 1, is hereby amended to adopt the revised budget for the years 2007-08 biennium in the amounts and for the following purposes: Section 1. 2007-08 Biennial Budget. That the budget for the 2007-08 biennium is hereby adopted in the amounts and for the purposes as shown on the attached Exhibit A and B (2007 and 2008 Revised Budget). Section 2. Severability. The provisions ofthis ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. ORD.# , PAGE 1 FHSRAC February 27,2007 Agenda Item K Page 7 of 10 Section 3. Ratification. Any act consistent with the authority and prior to the effective date ofthis ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2007'. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK., LAURA HATHA WAY APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA RICHARDSON FILED WITH THE CITY CLERK.: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\\fm\bienniallordinanc\2007 carryforward ordinance.doc ORD.# , PAGE 2 FHSRAC February 27, 2007 Agenda Item K Page 8 of 10 -< E- tiS :2 ><: ~ E- ~ c o ;:l = o ~ rJ) ;> [;l .... e:> e:> N .. ~ ~ ~ .g .. i: '" i: .. CQ .. ~ ~ ~ ... t: ~..!: ~ .., ~ ~ ... .. ..:: ~ ~ o a ~ "/J~S ti ~ ~ ... !'l.."" a til ~ ~ t: .. ~ l<l "l:; .... ~~ {l ::; "'l:CQ l ~ .~ ~ ~~ :: .. .. ~ S :l1 .... ..~ ~"'l: ~ ~ ::; ~ ~ t; "; ~ ~ ~<i: "/Je~ ~ ~ ::; ~ ;>. .. ~ "l:; .. ~ ::; ~ ~ ~ t "'l:~ "l:;;; ~CQ ~":: "l:; ~ "'l:'CQ ~ ~ .~ ~ ~~ ~ ~ .,.. '<t '" vl .,.. 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E ~ ~ ~ .;: CIl 0 Co .. ~ " r.l -0'10""";- 1,,000 1.1')0 r-- '"'tV"lOONt"'- ..0 00'" ...0 ~ f"'j"' NO\['.r"')O ~~_N~O... v'" N ('"f')" '-OO\OM'ct" l/')\C)V)ooO\ f"'"'IOO"=T\O-c:t -o::i~O~r"l ",,['-"'=:tOOr<') I"QO-oo'Ct '" E ~ ~ ~ -g 5 ~ ::l OJ) C ~ ~ .2 .~ ~ ~ .. -'" E OJ r.n <2 "'i:2E c; " ... ~ .; oS 00 qo -0 ~ , 0 o '<t '" '" 0 '" '" M 00 ~M '" '" '" '" "'M'<t '" 00 '" '<t '" '<t O"OM '<t 00 M - 00 '<t !::~~~~ OO-.:t'MOON oM'r--:'r-i'r--:- O\r- ('1M ~~v~"v.. o ' o 00 - , '" N '<t '" ONOOr::"O \,Qo\Or--- 1.1')'<::1' 0'\0 tri'rxSM"Ma\ ~~'-'~~ \oQOlr\NOO V'l!liVOOO MMO"d"'Ct oON~"'V'" ooooO'lNN \C~-~...V) -0\ 0'\ 0 r--- OOONM\O ~~...~~~ ",,"OON("")r- \Or"lNOO('f"} oct'" r-J N <I> OJ) " :.c - '" <I> i:i .E " E ::l <J Co t.I.. .~ 'g. o"<l Cf.)W~ '5 o"<l .E 0.-'0 g-.2~ CIlt.I..CO '0 '" '0 .,,: "" ..... '" '" ... "" '"'- ..... ~ ..... <::5 '" ... '" "" '" '"" "" '" ... "" '" '" ~ "" <::5 '" ... '0 10 00 '6 '" .... '" ..... ..... ... '" '"'- '" '"" 10 '" ... ..... '" 00 '"" ..... '" ",' ... 00 '" "" "..-- "" ..... 00 "" ... ::E <l: 00 'Il :: 10 .... '"'- ",' '" "" <::5 '" r-- o o ~ ~ N co o .. u c: 11l c: ~ o "0 ~ ~ 11l U r-- o o 'G c: 11l c: ~ )2 ro .c c: .. 9 ~ '" ... -ti s:: ~ ~ <i ~ .." s:: ~ \.) COUNCIL MEETING DATE: March 20, 2007 ITENI #:~ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 21 >l Avenue South Grid Road (S 3 1 Sill Street to S 320lh Street) - Project Acceptance and Retainage Release POLICY QUESTlON: Should the Council accept the 21 sl A venue South Grid Road (S 31Slh Street to S 320lh Street) Project constructed by R. W. Scott Construction Co. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 12, 2007 CA TEGORY: o Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other ~.!~.~_F..~~.~Q_~!.~Y.:...!?~JY.!_l1.!.~~.>,-?~:_J?:_?~~~_~t_.~Y..~!~_I.:'~?~E?.j..~.<:.t....!:..!:!.giI.:'~~~.. DE PT: Attachments: LUTC memo dated March 12th, 2007 Options Considered: 1. Authorize final acceptance of the 21 sl A venue South Grid Road (S 3181h Street to S 320lh Street) Project constructed by R. W. Scott Construction Co., in the amount of$692,223.28 as complete. Public Works 2. Do not authorize final acceptance of the completed 21 sl Avenue South Grid Road (S 3 ISlh Street to S 320lh Street) Project constructed by R. W. Scott Construction Co. as complete and provide direction to staff. STAFF RECOMMENOATlON: Staff recommends forwarding Option 1 above to the March 20, 2007 Council consent Agenda for approval. CrTY MANAGER ApPROVAL: \~~Cil DIRECTOR ApPROVAL: ~ ~V\. Council Committee ~E.F.. M b nc alson, em er er PR PO E COUNCIL MOTlON: "[ move approval of acceptance of the 2l't Avenue South Grid Road (S 3I8tlt Str to S 320tlt Street) Project constructed by R. W Scott Construction Co., in the amount of $692,223.28 as complete. .. (BELOWTO BE COMPLETED BY CITY CLERKS OFFlCE) COUNCIL ACTION: o APPROVED o DENIED o T ARLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL RILL # I ST reading Enactment reading ORl>INANCE # RESOLUTION # CITY OF FEDERAL WAY lVlEMORANDUM DATE: TO: VIA: FROM: SUBJECT: March 12,2007 Land Use and Transportation Committee Neal Beats, City Manager John Mulkey, P.E., Street Systems Project Engineer 512-W\ 21st Avenue S Grid Road (S 31Sth Street to S 320lh Street) - Project Acceptance and Retainage Release BACKGROUND: I. Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above-referenced contract with R. W. Scott Construction Co. is complete. The final construction contract amount is $692,223.28. This is $69,923.72 below the $762,147.00 (including contingency) budget that was approved by the City Council on May 2, 2006. Staff will be present at the March I th Land Use & Transportation meeting to answer any questions the Committee might have. k:\lutc\2007l01-22-07 11" Ave S Grid Road. Project acceptance:doc cc: Project File COUNCIL MEETING DATE: Maorch 20, 2007 ITEM #: 5-d CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Sterling Woods Preliminary Plat, File No. 05-104193-00-SU POLICY QUESTION: Shall the proposed ten-lot Sterling Woods Preliminary Plat be approved? COMMITTEE: Land Use & Transportation Committee MEETlNG DATE: March 12,2007 CATEGORY: [gj Consent D City Council Business D Ordinance lZJ Resolution D D Public Hearing Other _~!~o~~I:!~_~Q~_~~Y: A!:I~o Berg~~g~_!?_~~~9-~!'l.t~_~.1~~~~~____o____________.______ DEPT: "Community Development Attachments: Report and Recommendation by the Federal Way Deputy Hearing Examiner, Mark E. Hurdelbrink, dated March 5, 2007; Staff Report; Preliminary Plat Map; Draft Resolution. Note: A binder with the Staff Report to the Hearing Examiner, with exhibits, is available in the City Council Room. Options Considered: [See FWCC S 20-127] 1. Adopt the recommendation. 2. Reject the recommendation. 3. Remand the preliminary plat back to the Hearing Examiner 4. Adopt new recommendations and require or approve a minor modification to the preliminary plat. Decisional Criteria: Pursuant to FWCC Section 20-127, the scope of the City Council review is limited to the record of the Hearing Examiner public hearing; oral comments received at the public meeting (provided these do not raise new issues or information not contained in the Examiner's record); and the Examiner's report. These materials shall be reviewed for compliance with decisional criteria set forth in FWCC Section 20-126(c). Findings and conclusions that the application is consistent with the decisional criteria are set forth in the Hearing Examiner's report and recommendation. The City Council may receive new information not in the record pursuant to FWCC Section 20-127(b). STAFF RECOMMENDATlON: Approval, based on the findings and conclusions of the Federal Way Hearing Examiner. CITY MANAGER ApPROVAL: ~ DIRECTOR ApPROVAL: ~ ~C- Conunillee Council COMMITTEE RECOMMENDATION: I move that the Land Use and Tran!,portation Committeeforward to the City Council. and place on the March 20, 2007. Cit)1 Council consent agenda. a recommendation approving the Sterling Woods Preliminary Plat Resolution. ~tA b- nc alSO, em er C1 //}! PROPOSED COUNCIL MOTION: '.J move approval OlSlcrfillg Woods f'relimifl(//Y Plat.. (BELOW TO BE COMPLETED BY CITY CLERKS OFFfCE) 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/ 1sT J.eading Enactment reading ORDINANCE 1/ RESOLUTION 1/ Page - 1 CITY HALL 33325 8th Avenue South. PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cilyoffederalway.com <I"~ ~ CITY OF ' ~;~ Federal Way SUBMITTED MAR 0 6 Z007 CITY OF FEDERAL WAY BUILDING DE?T. March 5, 2007 Mukesh K. "Mike" Makker and Makhan Singh 12505 Bel-Red Road, #212 Bellevue, WA 98005 RE: Sterling Woods Preliminary Plat FW#05-104193-00-SU Related File No.: 05-104199-00-SE7 Dear Applicant: Enclosed please find the Report and Recommendation of the City of Federal Way Hearing Examiner relating to the above-entitled case, Very truly yours, ~ -tIrA MARK E. HURDELBRINK DEPUTY HEARING EXAMINER MEH/dd cc: All parties of record City of Federal Way '\ Page - 2 CITY OF FEDERAL WAY OFFICE OF THE HEARING. EXAMINER IN THE MAnER OF: ) ) ) ) ) ) FWHE# FW# 05-104193-00-SU Related File # 05-1 04199-00-SE STERLING WOODS PRELIMINARY PLAT I. SUMMARY OF APPLICATION The applicant requests preliminary plat approval to allow subdivision of a 4.71-acre lot into ten single-family residential lots. The project includes storm drainage facilities and utility improvements, as well as construction of a cul-de-sac road to be known as SW 362nd Place. The applicant is choosing to make a payment in lieu of providing open space. The site is partially wooded and partially developed with a single-family house and fields. Street improvements water, sewer, utilities, storm drainage control improvements, and other related infrastructure improvements will be installed to serve the plat. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: February 12, 2007 March 2, 2p07 At the hearing the following presented testimony and evidence: 1. Andy Bergsagel, Associate Planner, City of Federal Way 2. Nancy Rodgers, Attorney for the applicant At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. . Staff Report with all attachments 2. Power Point Presentation 3. February 9, 2007 letter 4. Response to February 9, 2007 letter / Page - 3 III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, viewed the site and taken this matter under advisement. 2. The Community Development Staff Report sets forth g~neral findings, applicable policies and pro~isions in this matter and is hereby marked as Exhibit "1" with attachments and hereby incorporated in its entirety by this reference. 3. All property owners and occupants within 300 feet of the site were mailed notice of the complete preliminary plat application. The site was also posted and notice published in the newspaper and on the City's official notice board. No written comments were received during the comment period. 4. A Determination of Nonsignificance was issued by the City of Federal Way for the proposed action on July 22, 2006. This determination concluded that the proposal would not result in probable significant adverse impacts on the environment. No comments or appeals on the SEPA decision were submitted to the City. 5. The applicant is proposing to develop a 4.71-acre parcel of property into ten single-family residential lots. The project includes storm drainage facilities and utility improvements, as well as construction of a cul-de-sac road which will be accessed from 6th Avenue SW. A portion of the parcel is currently developed with a single-family home. The remaining portions are unimproved. The site is generally flat and is partially wooded. The southwest corner of the site is within a 100-foot buffer of a Category \I wetland located offsite. No improvements will be made within the buffer area. 6. The subject property is designated Single Family Medium Density according to the 2003 Federal Way Comprehensive Plan. The specific zoning is RS-15.0, which requires a minimum lot size of 15,000 square feet. All of the lots satisfy the minimum lot size requirements. 7. This proposal is subject to the subdivision design criteria set forth in Federal Way City Code (FWCC) Sections 20.151 through 20.157. Findings on each of the applicable criteria are hereby made as follows: , Page - 4 A. FWCC 20.151 specifies design standards relating to streets and roads. This plat is going to serve ten residential lots. A public cul-de-sac road, less than 600-feet, will be accessed off of 6th Avenue SW. A cul-de-sac is acceptable because there is no way to connect this street with an adjacent street. The site distance issue has been reviewed by the Public Works Traffic Division as shown in Exhibit 14. No site distance problems exist. B. FWCC 20.152 specifies lot design requirements. There are ample dimensions. on the lots to provide for regularly shaped building areas. Setback requirements within the RS zones require a front yard setback of 20-feet, a side yard setback of 5-feet and a rear yard set back of 5-feet. These requirements are satisfied. All lots will abut the proposed cul-de- sac road. All lots are designed to provide adequate access for emergency apparatus. C. FWCC 20.153 outlines density criteria for subdivisions. This subdivision meets the minimum density because there are no proposed lots less in size than the minimum required. Therefore, all density and minimum lot size requirements are satisfied. D. FWCC 20.1.55 relates to open space and recreational design requirements. All residential subdivisions are required to provide 15 percent of the gross land area of the site for open space. A fee-in-lieu payment may be made to satisfy this open space requirement. This' applicant has elected to pay a fee rather than dedicate land to open space. A specific condition of approval ensures that this fee-in-lieu payment will be properly calculated. E. FWCC 20.156 relates to pedestrian and bicycle access. There is no pedestrian access connections from this plat to other plats other than along 6th Avenue SW. Sidewalks are proposed to be constructed along 6th Avenue SW. This is a fairly small subdivision and surrounding properties are privately held; thus requiring pedestrian or bicycle access other than along the 6th Avenue SW isn't necessary. 8. All proposed subdivisions are also required to make certain improvements as outlined in FWCC Sections 20.176 through 20.187. Findings on whether the proposed improvements satisfy the applicable requirements are hereby made as follows: Page - 5 A. FWCC 20-176 outlines street improvements that are required. The proposed cul-de-sac road will be public as required. B. FWCC 20-177 mandates that the applicable density requirements be satisfied. As noted above, they are satisfied. C. FWCC 20-179 discusses. vegetation retention. It is the policy of the City of Federal Way to not support mass clearing and grading of proposed plats. Initially, the applicant requested that this be allowed, but revised drawings indicate that there will be vegetation retained. There are 27 significant trees on site. The applicant is only proposing to remove two (2) of these trees. The significant trees located on private lots are subject to other regulations. D. FWCC 20-180 relates to streets and right-of-ways. All streets are subject to the specific design criteria. The cul-de-sac road is required to consist of 28 feet of payment within a 52 foot right-of-way. Cul-de-sac dimension requirements also have to be satisfied. The traffic impacts will be very limited because of the small number of lots proposed. No traffic impact analysis is required because fewer than 10 PM peak hour trips will result f-rom the development. E. FWCC 20-181 specifies that the subdivision shall be served by a water system designated and constructed to the specification of the Lakehaven Utility District or the City of Tacoma Public Utilities. The Lakehaven Utility District is the water purveyor. They have submitted a King County Certificat~ of Water Availability and found the plans acceptable. F. FWCC 20-182 relates to sewage disposal. The revised plans do meet the requirements of Lakehaven Utility District. A King County Certificate of Sewer Availability has also been submitted as Exhibit No. 12. G. FWCC 20-183 specifies the storm drainage requirements. The plans submitted by the applicant have shown to satisfy requirements of the 1998 . King County Surface Water Design Manual. H. FWCC 20-186 discusses landscape protection and enhancement. As noted above, the applicant has modified its proposal so that most of the significant trees will be retained. A landscape plan has been submitted Page - 6 and appears to be acceptable. I. FWCC 20-187 discusses survey control monuments. These requirements will have to be satisfied prior to final plat approval. 9. The Hearing Examiner's decisional criteria is outlined in FWCC 20-126 (c). The Examiner may only recommend approval to the plat to the City Council if each of these criteria are satisfied. Findings on each of these criteria are hereby made as follows: A. The proposed preliminary plat is consistent with the Comprehensive Plan. This site is located within the RS-15.0 zone, which is a residential zone requiring a minimum lot size of 15,000 square feet. This is the type of development that the Comprehensive. Plan contemplated when designating this specific zone. B. The proposed preliminary plat is consistent with all of the applicable provisions of the Code, including those adopted by reference from the Comprehensive Plan. A Determination of Nonsignificance was issued for this proposal. There will be no significant adverse affects as a result of this proposal. All other applicable provisions are satisfied. C. The proposed preliminary plat is consistent with the public health, safety, and welfare. Appropriate provisions have been made to ensure that the public health, safety, and welfare are furthered by this proposal. School impact fees will have to be paid pursuant to city code. There are also required fees to be paid in lieu of providing open space. There will be adequate water supplies, along with fire hydrants placed according to code to ensure that there is adequate fire protection services on site. D. The proposed preliminary plat is consistent with the de~ign criteria listed in FWCC 20-2. As noted above, this plat will promote the health, safety, and general welfare. It does satisfy the mini,mum lot size requirements. Adequate water supplies, sanitary sewer services, and drainage services will be provided. The cul-de-sac road will access all of the lots directly. The wetland buffer located on site will not be disturbed. .' Page - 7 E. As noted above, the development standards that are listed in Section 20-151 through 20-157 and 20-178 through 20-187 are satisfied by this pr~posal. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has shown that the request for preliminary plat approval is consistent with the Single Family Medium Density desIgnation of the City of Federal Way Comprehensive Plan and meets all bulk requirements of the RS-15.0 zone classification of the FWCC. 3. The proposed preliminary plat makes appropriate provisions for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, fire protection, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions. 4. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision and therefore should be approved. 5. Prior to approval of the final plat, the applicant must submit to the City of Federal Way the fee-in-Iieu of open space, calculated on 15 percent of the accessed value of the property based on an assessment that is no more than one (1) year old at the time of final plat submittal. In the absence of an assessment that is no more than one (1) year old at the time of the final plat submittal, the market value shall be based on an appraisal to be conducted by a MAl certified appraiser or another professional appraisal approved by the parks district. RECOMMENDA TION: It is hereby recommended to the Federal Way City Council that the request for preliminary plat approval of Sterling Woods should be granted. Page - 8 --'.k '~.7 - . DATEDTHIS./ DA~O~ MARK E HURDELBRINK Deputy Hearing Examiner ~~L TRANSMITTED THIS ,/ ~ DAY OF March, 2007, to the following: APPLICANT/OWNER: . Mukesh K. "Mike" Makker and Makhan Singh 12505 - Bel-Red Road, #212 Sellevue, WA 98005 AGENT: Cramer NW, Inc. (Aleanna Kondelis) 945 North Central, #104 Kent, WA 98032 OTHERS: Nancy Rodgers 524 Second Ave., Suite 500 Seattle, WA 98104 Hans A. Korve 726 Auburn Way North Auburn, WA 98002 City of Federal Way c/o Laura Hathaway 33325 8th Avenue South Federal Way, WA 98063-9718. ." Page - 9 CITY COUNCIL REVIEW, ACTION Pursuant to Section 20-127, following receipt of the final report and recommendation of the hearing examiner, a date shall be set for a public meeting before the city council. The city council review of the preliminary plat application shall be limited to the record of the hearing before the hearing examiner, oral comments received during the public meeting (so long as those comments do not raise new issues or information not contained in the examiner's record) and the hearing examiner's written report. These materials shall be reviewed for compliance with decisional criteria set forth in section 20-126. The city council may receive new evidence or information not contained in the record of hearing before the hearing examiner, but only if that evidence or information: (i) relates to the validity of the hearing examiner's decision at the time it was made and the party offering the new evidence did not know and was under no duty to discover or could not reasonably have discovered the evidence until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or omitted the evidence from the record. If the city council concludes, based on a challenge to the hearing examiner recommendation or its own review of the recommendation, that the record compiled by the hearing examiner is incomplete or not adequate to allow the city council to make a decision on the application, the city council may by motion remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the motion. After considering the recommendation of the hearing examiner, the city council may adopt or reject the hearing examiner's recommendations based on the record established at the public hearing. If, after considering the matter at a public meeting, the city council deems a change in the hearing examiner's recommendation approving or disapproving the preliminary plat is necessary, the city council shall adopt its own recommendations and approve or disapprove the preliminary plat. As part of the final review, the city council may require or approve a minor modification to the preliminary plat if: (a) The chaflge will not have the effect of increasing the residential density of the plat; (b) The change will not result in the relocation of any access point to an exterior street from the plat; (c) The change will not result in any loss of open space or buffering provided in the plat; and (d) The city determines that the change will not increase any adverse impacts or undesirable effects of the project and that the change does not significantly alter the project. '~ ~""."",."".'. '.. . -.. . ". ~~ CITY OF~' F"e",:' ".d, 'e...r' 'a'" ,I' 'W..";': ';:8'.'.'; 'Y'. .," . ." -. . '.- ".. '.'- . . - . '"';' ..'.. . \ DEP ARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT TO TIIEHEARING EXAMINER STERLING WOODS PRELIMINARY PLAT Federal Way File No. 05-104193-00-SU (preliminary Plat) SEP A File No. 05-104199-00-SE PUBLIC HEARING " Council Chambers, Federal Way City HaJJ 33325 8th Avenue South 2 p.m., February 12, 2007 Report Prepared by: Andy Bergsagel, Associate Planner January 12,2007 ' File No: Project Location: Applicant/Owners: Agent: Action Requested: Staff Representatiye: Staff Recommendation: 05-104193~SU (Preliminary Plat). 05-104199-SE (SEP A) 36205 6th Avenue SW, Federal Way Mukesh K. ."Mike" Makker and Makhan Singh 12505 Bel-Red RO!ld, #212 BelJevue, W A 98005 Cramer NW, Inc. (Aleanna Kondelis) 945 North Central, #104 Kent, W A 98032 . Preliminary. plat to subdivide a 4.7 I-acre lot into ten residential lots, as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions." Associate Planner Andy Bergsagel, 253-835-2644 Preliminary Plat Approval TABLE OF CONTENTS General.... .....,... ..... ................ .., ... ....... ................... ..... ....... ..~................ ..................... ............. ........ ..... ... ....... 1 Consulted Departments, Agencies & Public ... .................. .................................... ........... ..................... ... ..;. 2 State Environmental Policy Act ................................. .......................... ...... .............. .................................... 2 Neighborhood Characteristics ............. ....... .,. .... ........... ............;... ................. ... ..... ............... .... ..... ...... ...... ... 2 Natural Environment ..... ... ..... .., ........... .,........ .............. ...... ................... ..................-............ ........ ... .............. 2 Subdivision Design (FWCC 20-15 l) .........................:..................... ...............................,..............:............. 3 Lot Design (FWCC 20-152) ............................................................................. ...... .... ................................... 4 Density (FWCC 20-153) .... ............ ...... ............. ............ ....... ......: ...... .......... ....... ..... ....... ...... ...:. ............ ......... 4 Open Space and Recreation (FWCC 20-155)....................................................... .......................:......:.......... 4 Pedestrian and Bicycle Access (FWCC 20-156) .......................................................................................... 4 Improvements Required (FWCC 20-176) ............:............:. .............. .... ................. ......... .... ...... ................;... 4 Density Regulations (FWCC 20-177) ......... ............... ............. ..... ,... ........... ...............................:....;.. .......... 5 Landscape Buffers (FWCC 20..178( ..... ................ .............................. ............... ......... ..... .....:.. ................ ......:. 5 Retention of Vegetation (Clearing and Grading) (FWCC 20-179) .............................................................. 5 S.treets and Rights-of-Way (FWCC 20-180) .............................................. ........ ........................................... 5 Water (FWCC 20-181) .................. :... ......... ......... ....... .......................... ............. ..... ... ........... .:.................. .... 6 Sewage Disposal (FWCC 20-182) .... .................................................................. ......................................... 6 Stonn .Drainage (FWCC 20-183) .......................................:............. ................... ........:................................ 7 Landscaping Protection and Enhancement (FWCC 20-186)........................................................................ 7 Monuments (FWCC 20-187). ............... ............. ....... .......... ............. ................... ....... ..... ................................ 7 Public Services... .... .... ........... ....... ........ ;............... ,. .......................... .... ......... ........ ...... ......... ........................ 7 Decisional Cnteria ........................ ..... ........ ...... ....... ....... .... ..... ...... .... ....... ... .., .... ..... ....... ....... ................. ....... 8 Findings of Fact and Conclusions ...........................................:................. .... ...... .......... ............................... 8 Recommendation ... ..... .................. ... .., .... ........ .... ... ........: ...... .... ......... .............. .... ........... .... ....... .,.......... ...... 10 Condi tion .......... ........................................................................... ............................................ .................... 10 List of Exhibits ....;.... ........... ................ ................................. ............. ........................ .............:..........:......... 10 GENERAL 1. Project Description. Preliminary plat to subdivide a 4.71-acre lot into ten single-fanlily residential lots. The project includes storm drainage facilities and utility improvements, as well as construction ofa cul-de-sac road which will be accessed from 6tb Avenue SW. The.new road will be called SW 36200 Place. The applicant is choosing to make a payment in lieu of providing open Space. The site is partially wooded and partially developed with a single-family house and fields..Street improvements, water, sewer, utilities, storm drainage control improvements~ and other related infrastructure improvements will be instal~ed to service the plat. ' Enclosed are the following drawings: . Sheet 1, Preliminary Plat, by DBM, November 30, 2006 . 'Sheet 2, Preliminary TESCP & Demolition Plan, by DBM, November 30, 2006 . Sheet 3, Preliminary Grading Plan, by DBM, November 30, 2006 . . Sheet 4, Preliminary Utility Plan, by DBM, November 30, 2006. (The combined 4-sheet plan set . by DBM shall be considered Exhibit 1.) . Landscape Plan (Sheet L-l), by GHA Landscape Architects (Neil Buchanan), December 1, 2006 . (Exhibit 2) . Survey (two sheets), by Cramer Northwest, Inc., August 15,2005 (Exhibit 3) 2. Location. 36205 6th Avenue SW, Federal Way. Refer to the Zoning and Vicinity Map (Exhibit 4) and the Aerial Photography (Exhibit 5). 3. Parcel No. 302104-9045. (A legal description is on the plat map.) 4. Size of Property. The subject site currently has a land area of205,167 square feet (4.71 acres). 5. Land Use and Zoning: Subject Site: . To tbe Nortb: To tbe Soutb: . To the East: To tbe West: Zoning RS-15.0 RS-1S.0 RS-15.0 Rs-is.o RS-9.6 Comprehensive Plan Single-Family Medium Density Single-Family Medium Density Single-Family Medium Density Single-Family Medium Density Single-Family .High Density Existing Land Use Single-Family Residential Single~Family Residential Single-Family Residential Single-Family Residential . Single-Family Residential 6. Project Review Timeline: 04/1412005 08/18/2005 09115/2005 09/22/2005 09/29/2005 10/26/2005 11/08/2005 11/1512005 11119/2005 Preapplication Meeting Application Received Letter of Incomplete Application Resubmittal . Resubmittal Second Letter of Incomplete Application Resubmittal Application Determined to Be Complete Notice of Application File No. Os.-I 041 93-SU/Doc. 1.0. 37883 Page 1 Staff Report to the Hearing Examiner Sterling Woods Preliminary Plat 01/1712006 02/21/2006 04/2412006 07/22/2006 10/11/2006 12/0512006 Resubmittal Resubrnittal Resubmittal SEP A Determination of Nonsignificance (DNS) Resubmittal Resubmittal CONSULTED DEPARTMENTS, AGENCIES & PUBUC The following departments, agencies, and individuals were advised of this application. 1. . Community Development"Review Comniittee (CDRC), consisting of the Federal Way Community Development Services Planning and Building DiVisions; Public Works DeveJopment Services and TrafficDivisions; Parks, Recreation,apd Cultural Resources Department; Department of Public Safety (police); South King fire Department (formally Federal Way Fire pepartment); Lakehaven Utility District; and Federal Way Public Schools. CDRC comments have been incorporated into this report where applicable. 2. All propertY owners and occupants within 300 feet of the site were mailed notices of the complete preliminary plat application (Exhibit 8). The site was also posted and notice published in the . newspaper and on the City's official notice boards. No written comments were received during the comment period. 3. In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18, "Environmental Protection," all property owners and occupants within 300 feet of the site, and all affected agencies, were notified ofthe proposed action and the City's environmental decision. In addition, the site was posted and notice placed in the newspaper and on the City's official notice boards. No comments were received during t~e comment period. STATE ENVIRONMENTAL POLICY ACT. . An environmental "Determination of Non significance" (DNS) was issued by the City of Federal Way for the proposed action on July 22, 2006 (Exhibit 9). This determination was based on review of information in the project file, including the annotated environmental checklist, resubmitted February 2 1, 2006 (Exhibit 10), resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment. .No comments .or appeals on the SEPA decision were submitted to the City. NEIGHBORHOOD CHARACTERISTICS The property is located south of SW 356111 Street, on 61h Avenue South, in a single-family residential area, which is.partially developed with new subdivisions and partially developed with homes on larger lots. The S.ilverwood Subdivision abuts the site on the west, and the Rosewood Lane Subdivision abuts the property on the north. NATURAL ENVIRONMENT 1. Soils. The site contains Alderwood Gravelly Sandy Loam. A geotechnical report was not required for critical area review, since the site contains no geotechnically hazardous areas. Up to 6,000 cubic yards of fin will be needed on the project, which will be imported from another site or local plant, per the SEP A checklist. Soils will be excavated during the construction of the street .and on-site StafrReport to the Hearing Examiner . Sterling Woods Preliminary Plat File No. 05- J 04 J 93-$UIDoc. J.D. 37883 Page 2 water quality treatment facilities, and during installation of utilities. The preliminary clearing and gradihg plan depicts clearing limits for' construction of the aforementioned items. 2. Topography. The site is almost flat, ranging from 396 to 408 feet.above sea level. The stormwater will mostly drain eastward to the proposed stormwater pond along 6th Avenue SW. However, a small portion of the site, along the western three parcels, slopes toward the west. 3. Critical AreaS. The City of Federal Way Environmentally Critical Areas Map does not indicate any critical areas on the site. However, a small portion of the proposed lot on the southwest comer is. . within the 100-foot buffer of a Category II wetland, which is off-site, in the plat of Silverwood. The buffer has been delineated on the plat map. A letter from Jeffery S. Jones, Wetland Scientist, regarding the location ofthe boundary of the off-site wetland, dated October 12,2005,. was submitted (Exhibit 15). 4. Vegetation. The site is partially wooded. "Significant trees," as defined in FWCC Chapter 22, are shown on the TESC plan (Sheet 2) and the Landscape Plan (Sheet L-l). According to the landscape plan, there are a total of27 significant trees on the subject property, many of which are in the . southwest comer of the property, and can be retained during the development of the plat" infrastructure. For specifics, refer to the "Landscaping and Significant Trees" section below. 5. Wildlife and Habitat. Nowildlife species recognized as priority species are known to inhabit the site . . or the vicinity. However, songbirds, squirrels, and other wildlife wiJllikely use the significant trees that are to remain. ' SUBDIVISION DESIGN (FWCC 20-151) In the following analysis, pertinent text of the code is provided in italics, with a staff response following. I. Subdivisions should be designed so that traffic is distributed in a logical manner toward a collector street system, to avoid intrusion and over-burdening of residential streets, and to connect with planned or existing streets. The traffic will be distributed in a logical manner (as shown on the preliminary plat map). A cul-de-sac is acceptable in this case, because the site to the west has already been develope<), and there is no way to connect a street to it through the subject site. 2. Streets should be coordinated with exisNng intersections to avoid offsetting new iniersections, and should inter.sect at a 90-degree angle plus or minus I5.degrees. There is no intersection to align with, in this case. . 3. . No street, or combination of streets, shall function as a cul-de-sac longer than 600 feet. The cul-de- sac street is less than 600 feet long and, therefore, meets the criteria for such a street. . 4. Block perimeters should be no longer than 1,320 feet for non-motorized access, and 2,640 feet for streets. The site is surrounded on three sides by privately held, developed land, which is not conducive to pedestrian connections. Therefore, the standard is not applicable. 5. Subdivisions on steep slopes should be designed so that streets are constructed generally parallel, . rather than perpendicular, to the slope. The site does not contain slopes that will affect street layout. 6. Streets should be designed in conformance with adopted standards for sight distance at intersections, as prescribed in FWCC 22-1151 et seq. The new street is designed in conformance with adopted standards for sight distance at intersections, as evidenced by the sight distance analysis which was submitted and reviewed by the.Public Works Traffic Division (Exhibit 14). Staff Report to the Hearing Examiner Sterling Woods Preliminary Pial File No. 05-)0419~-SUIDoc. 1.D. 37883 Page 3 LOT DESIGN (FWCC 20,.152) 1. All lots should be of ample dimensions to provide a regular shaped building area which meets required setbacks. The proposal meets the criteria. The setback lines have been shown on Sheet 1. The zoning chart for "detached dwelling units" in. the RS zones requires a front setback of20 feet, a side setback of 5 feet, and a rear setback of 5 feet [FWCC 22-631]. 2. All lots shall be designed to provide access for emergency apparatus. The proposal meets the criteria. 3. All lots should be designed to take advantage of topographic and naturalfeatures. view-orientation and privacy. The site does not pose significant concerns in terms of topography, natural features, . view orientation, or privacy. 4. Except in a cluster subdivision, all/ots should abut li pub.lie street right-ofway. Residential lots should nol have access onlo qrterial streets. The proposal shows that a11lots will abut the new cul- de-sac. road. It will be dedicated to the public .and will not be an arterial. DENSITY (FWCC 20-153) 1. All lots in conventional subdivisions shall meet the density and minimum lot size requirements of Chapter 22 FWCC. Calculqtion of density in subdivisions shall not include streets or vehicle access easements. The site meets the minimum density of 15,000 square feet per lot. Therefore, all lots are of the minimum size for the zone, as dictated by the RS zoning chart for "detached dwelling unit" in FWCC 22-631. 2. The site is not considered a "cluster subdivision." OPEN SpACE AND RECREATION (FWCC 20-155) All residential subdivisions shall be required to provide open space in the amount of J 5 percent of the gross land area of the subdivision site; except for subdivisions created under FWCC 20-154, a fee-in-lieu payment may be made to satisfy open space requirements at the discreiion of the parks director after consideration of the city's overall park plan, quality, location, and service area of the open space that would otherwise be provided within the project. The fee-in-lieu of open space shall be calculated on J 5 percent of the most recent assessed value of the property. The applicant does not show open space on the site plan and proposes fee-in-lieu of open space. The Parks Director approves and prefers the fee-in-lieu of open space for this application. As a condition ofapproval of this application, prior to approval of the . final plat, the applicant must submit to the City of Federal Way the fee-in-lieu of open space, calculated on 15 percent of the most recent assessed value of the property at the time of final plat. . PEDESTRIAN AND BICYCLE ACCESS (FWCC 20-156) The site is surroun~ed on three sides by privately held, developed land, which is not conducive to pedestrian connections; therefore, no special pedestrian or bicycle paths are warranted. A sidewalk will be provided along the front of all ofthe lots. IMPROVEMENTS REQUIRED (FWCC 20-176) Street improvements, and the dedication of rights- of way and/or easements, shall be required in accordance with FWCC 22-1471 et seq., regarding required improvements to rights-ofway and vehicular access easements. If a plat is subject to q dedication; dedication language shall be included on the face of the plat.... The new cul-de-sac street shall be dedicated. The required language shaH be . . included on the final plat. . Staff Report to the Hearing Examin.er Sterling Woods Preliminary Plat File No. 05-104193-SUlDoc. J.D. 37883 Page 4 DENSITY REGULA TIONS (FWCC 20-177) Density or parcel size, setbacks and buffers shall be in accordance with Chapte~ 22 FWCC, "Zonin~." As mentioned above, the proposal meets this requirement. LANDSCAPE BUFFERS (FWCC 20-178) Subdivision design should provide a ten-foot-wide Type III landscape strip along all arterial streets to shield new residences from arterial streets. SeeFWCC 22-1565(c). Said landscape strip shall be provided in a separate tract to be owned and maintained by the homeowners' association. The site is along. 6th A venue SW, which is not designated as an arterial at this location. Therefore, the landscape buffer along the main road is not required. For other landscaping and significant tree issues) refer to the "Landscaping Prote.ction and Enhancement" section below. . . . RETENTION OF VEGETATION (CLEARING AND GRADING) (FWCC 20-179) (a) All natural vegetation shall be retained on the site to be subdivided except that which will be removed for impr.ovements or grading as shown on approved engineering plans. A preliminary clearing and grading plan shall be submitted as part of preliminary plat application. (b) Existing mature vegetation shall be retained to the maximum extent possible. Preservation of significant trees pursuant to FWCC 22- J 5611 shall apply solely to the development of each single- family lotat the time a building permit is applied for. In general, the FWCC does not support mass clearing and grading ofa proposed plat unless there are unusual site conditions and/or existing topographical conditions that support extensive site grading at the time of infrastructure development. In the superseded set of plans dated January 12, 2006 (received January 17,2006), the "Preliminary TESCP & Demolition Plan" (Sheet 2) showed clearing limits and a protective fence that corresponded to the property line, with the exception of the small wedge-shaped wetland buffer area in the southwest comer. That plan showed clearing limits for most of the site and no protection for the trees, yet there was no overriding reason, such as steep topography which would have . justified this. Th.e applicant was asked to revise tbe plans to show reduced clearing limits. The applicant revised and resubmitted drawings (Exhibits 1 and 2); which the planning division has found to be acceptable. The landscape plan shows many trees on the site, 27 of which are considered to be "significant trees." Some of the trees are not considered significant because they are alder or maple. The applicant proposes to remove only two of these significant trees, as shown on Sheet 2, as part of the clearing and grading. As mentioned above, significant trees located outside of.the clearing limits (on the new private lots) would be regulated under FWCC Section 22-1568, "Significant Trees," at the time of each building permit application. Pursuant to FWCC Section 22-1568, twenty-five per<<ent of the significant trees must be . saved or replaced at that time. . . STREETS AND RICHTS-OF- WAY (FWCC 20-180) (a) All streets within an approved subdivision shall be within a dedicated public right-of way. Private. . tracts.may be used in short subdivisions and cluster subdivisions using cross-section type "Y", as described in FWCC 22-1528. . (b) All streets within the public rights-afway shall be improved to the standards specified in FWCC 22- J 471 et seq., regarding required improvements to rights-of way and vehicular access easements and tracts. g: Staff Report to the Hearing Examiner Sterling Woods Preliminary Plat File No. 05-104 I 93-SU/Doc. I.D. 37883 Page 5 (c). All streets abutting the subdivision or short subdivision shall be improved in accordance with FWCC 22-147.J et seq., regarding requi~ed improvements to rights-ofway and vehicular access easements. Ii (d) All traffic control devices within the subdivision or short subdivision shall be provided by the developer as required by the director of public works. (e) Streets shall be provided to develop a street network with a block perimeter of no greater than 2.640 feet, as measured on center/lnes. This requirement may be modified if connections cannot be made due to: (1) Topographical constraints. (2) Environmentally sensitive areas. (3) Adjacent development is not being conducive. (f) Addilion~l ofJ-site street and traffic control improvements may be required to mitigate impaCts r~sultingfrom the.subdivision or shor/"subdivisi~n. The plans have been reviewed by the Public Works Department to ensure consistency with these regulations. 1. Road specifics. The plans show the following improvements: sixih Avenue SW is designated as a Type S street, consisting of 36 feet of pavement, within a 60-foot right-of-way (to include curb, gutter, four-foot-wide planter strip ~th trees, five-foot sidewalk, and streetlights). The half.street improvements shaH be from street centerline. Assuming a symmetrical cross section, no additional right-of-way will need to be dedicated to the City. The proposed new road within the plat (SW 362nd Place) will be a Type W cross section, consisting of 28 feet of pavement, within 52 feet of right-of-way (to include curb, gutter, sidewalks, street trees, and streetlights). The cul-de-sac shall be 106 feet wide, with an optional planter in the middle. This street and cul.de-sac shall be dedicated to the City as right-of-way. 2, Block perimeter. The block perimeter requirement does not apply, since the site is surrounded on three sides by adjacent development which is not conducive to a street network or pedestrian connection. 3. Off-Site Traffic Mitigation. The preapplication proposal was for twelve lots. Then, the original application was for. eleven lots, but the number of lots was subsequently reduced to ten. A subdivision which produces fewer than WPM peak hour trips does not require a Traffic Impact Analysis (TIA) for traffic mitigalion. Consequently, as mentioned above, the Director issued a DNS, pursuant to the State Environmental Policy Act. WATER (FWCC 20:-181) . AIHots in a subdivision or short subdivision shall be served by a water system designed and constructed to the specifications of the Lakehaven utilitjl district or city of Tacoma public utilities department or any other appropriate district. Lakehaven Utility District (LUD) is the water purveyor. LUD has reviewed the preliminary plat and found it to be acceptable. A water-line easement extends from the cul-de-sac to the west. The final plat drawingsmust includeLakehaven Utility District's standard easement language. The applicant submitted a King County Certificate of Water Availability (Exhibit 1 J). SEWAGE. DISPOSAL (FWCC 20-182) Wherever feaSible, alllotsin subdivisions and short subdivisions shall be connected to a sanitary sewer system designed and constructed to the specific(ltions of the Lakehaven utility district or other Staff Report to the Hearing Examiner Sterling Woods Preliminary Plat . File No. 05-J04193-SUIDoc.I.D. 37883 Page 6 appropriate district. Not until the latest resubmittal did the plans meet the requirements of Lakehaven UtilitY District. The plans now show two sewer line easements~ The applicant submitted a King County Certificate of Sewer Availability (Exhibit 12). STORM DRAINAGE (FWCC 20~183) All subdivisions and short subdivisions shall be provided with an adequate storm.drainage system designed and constructed in accordance with thesurface water management requirements in FWCC 21- 26 et seq., and the storm and surface water utility requirements in FWCC 16-76 et seq. In addition to the plans, the applicant submitted a preliminary Technical Information Report.(TIR), entitled "Level I Downstream Analysis for Sterling Woods Subdivision," prepared byDBM Consulting Engineers, dated April 21, 2006 (received April 24, 2006) (Exhibit 13). Public Works staff have reviewed the proposal and found it to be in compliance with the storm and surface water requirements. As shown in. the TIR and plans, the requirements of the 1998 King County Surface Water Design Manual (KCSWDM) will be met. Final review and approval of the storm drainage facilities will occur as part of the Final Plat process. LANDSCAPING PROTECTION AND ENHANCEMENT (FWCC 20~186) (a) A landscape plan prepared by a licensed landscape architect shall be submitted with each . subdivision. or short subdivision application. The plan shall identify existing wooded areas, significant trees, meadows, rock outcroppings, and other landscape featureS. The plan shall also show proposed buffers, open spaces, .street trees; and other ornamental landscaping. (b) 'Significant trees, as defined in Chapter 22 FWCC, Zoning, shall be identified, except for those to be removed in areas to be improved or graded as shown on the preliminary plat. During construction of subdivision improvements and permitting of single-family residences, protection techniques, as required in Chapter 22 FWCC, Zoning, shall be used to protect the identified trees from harm or destruction, and to restore trees damaged or lost. Significant trees to be presenied shall be visibly marked by flagging. The significant trees have been shown on the Preliminary TESCPlan and the Landscape Plan. Significant tree protection measures have been noted on the Landscape Plan. A strip oflandscaping (vegetative screen) is also shown around the stonnwater facility. MONUMENTS (FWCC 20-187) Permanent survey control monuments shall be provided for all final plats and short plats... The monuments will be dealt with at the Final Plat stage. .PUBLIC SERVICES 1. Schools. The application was routed to Geri Walker at the Federal Way School District on June 30, i005. The September 22, 2005, resubmittal package was also routed to her. The staff planner received no comments from the school dis~ct on this proposal. . School impact fees, as authorized by City ordinance, are collected at the time the building permit is issued. School impact fees are detennined <)D the basis of the district's Capital Facilities Plan and are subject to annual adjustment and update. 2. Public Parks. Refer to the analysis of open space requirements above. The Director of Parks has deteimined that a fee in lieu of open space on site is preferable for this proposal. Staff Report to the Hearing Examiner S~erJing Woods Preliminary Plat File No. OS.104193~SUIDoc. J.D. 37883 Page 7 3. Fire Protection, The proposal has been reviewed by South King Fire Department (previously known as the Federal Way Fire Department).. The King County Certificate of Water Availability, which was approved by the Lakehaven Utility District, indicates that water will be available to the site in sufficient quantity to satisfy fire flow standards for the proposed development. The Fire Department requires that a fire hydrant be located within 350 feet of each lot. The exact number and location of fire hydrants will be reviewed and approved by the Fire ~epartment .as part of the final plat process. DECISIONAL CRITERIA The FWCC establishes review procedures and decisional criteria for deciding upon various types ofJand use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110, preliminary plat applications are submitted to the Hearing Examiner for public hearing. The preliminary plat application and the recommendation of the Hearing Examiner are submitted to the City Council for approval or disapproval. Pursuant to FWCC 20-126(c), the Hearing Examiner may recommend approval of the proposed preliminary plat only if the following decisional criteria are met. Decisional criteria and staff responses are provided b~low: . I. The projeci is consistent with the Comprehens~ve Plan. The application is .subject to the adopted 2003 Federal Way Comprehensive Plan (FWCP), which designates the property as Single-:-Farnily Medium Density. The proposed land use, Single-Family Residential plat, with 15,000 square-foot minimum lot. size (RS-15.0), is consistent with density .allowances and policies applicable to this land use as established iri the FWCP. 2. . The project is consistent with all applicable provisions of the chapter, including those adopted by reference from the Comprehensive Plan. The preliminary plat application is required to comply with the provisions ofthe FWCC Chapter 18, "Environmental Policy," Chapter 20, "Subdivisio~s," Chapter 22, "Zoning," and all other applicable codes and regulations. Future development of the residential subdivision will be required to comply with all applicable development codes and regulations. As conditioned, the proposed preliminary plat will comply with all provisions of the chapter. . 3. The project is consistent with the public health, safety, and welfare. The plat will be consistent with public health, safety, and welfare. 4. It is consistent with the design criteria listed in Section 20-2. The plat will be consistent with the purposes identified in FWCC Section 20-2, including effective use of land, promotion of safe and convenient travel on streets, and provision. for the housing needs ofthe community. 5. It is consistent with the development standards listed in Sections 20-15 J through J 57, and 20- J 78 through 187. The plat will be consistent with these development standards, as described in the analysis above. . . FINDINGS 0," FACT AND CONCLUSIONS. .. Based on an analysis of the proposed action, environmental record, and related decisional criteria, the Department of Community Development Services finds as follows: 1. The proposed action is to subdivide a 4.71-acre lot into ten single-family residential lots. .' Staff Report to the Hearing Examiner Sterling Woods Preiiminary PIal . File No. OS.J04J93-SU/Doc. J.D. 37883 Page 8 2. The application (resubmittal) was deemed complete on November 15, 2005. The plat is subject to codes and policies in place on that date, includin.g the- 2003 Federal Way Comprehensive Plan (FWCP). - 3. The subject property is designated Single-Family Medium-Density in the 2003 FWCP. - . 4. Zoning for the site is RS-15.0 (minimum lot size 15,000 square feet). The proposed residential subdivision and density is consistent with applicable zoning and subdivision regulations. 5. A Notice of Application was issued on November 19,2005. No comments were received during the comment period. A Determination of Nonsignificance (DNS) was issued for the proposed action on July 22, 2006. No comments or appeals regarding the DNS were received. 6. As proposed, each lot contains an adequate size and shape building envelope to contain a single- family residence. Building setback lines are ideritified on the preliminary plat map. 7. No .open space is proposed on site. Pursuant to FWCC Section 20-155, the applicant has proposed fee-in-lieu of on-site open space, which the Director of Parks finds to be acceptable. 8. No environmentally critical areas are known to be on the site, otl.1er than a small portion of buffer for an off-site wetland. The buffer has been delineated and will not be affected by this proposal. 9. Significant tree retention and/or replacement shallbe provided in accordance with FWCC Section 20-] 79 and 22-]568. Trees that are left on individual lots following the construction of plat infrastructure inay be removed during individual home construction, subject to tree retention and replacement standards ofFWCC Section 22-1568. . ] O. Areas where grading should be permitted are identified on the revised clearing and grading plan. The areaS recommended for clearing and grading are the areas for rights-of-way and utilities, including the stormwater detention facilities. . I]. The applicant has shown the location of a landscape strip around the stormwater facility. Since 6th A venue SW is not an arterial, no landscape tract is required along it. 12. Development of the site will create runoff from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the 1998 KCSWDM and the City's amendments to tbe manual. The applicant's preliminary storm drainage TIR, was reviewed and accepted by the City's Public Works Department. Final review and approval of the storm drainage facilities as shown on the engineering plans will occur as part of the final plat process. . 13. Public Works staff have reviewed the project and concluded that the proposed street layout and street improvements of the subdivision are consistent with adopted codes and the Comprehensive Plan. 14. This project is expected to produce.lO or fewer PM peak hour vehicle trips. Therefore, no offsite traffic mitigation is required. Staff Report to the Hearing Examiner Sterling Woods Preliminary Plat File NQ. 05:104193:.sUIDoc. J.D. 378~3 Page 9 15. Water and sewer facilities are available from the Lakehaven Utility District and are adequate to serve the proposed development. It is the applicant's responsibility to secure all necessary water and sewer services from the utility provider. . 16. The proposed subdivision and all attachments have been reviewed for compliance with theFWCP, FWCC Chapter 18, "Environmental Protection," Chapter 20, "Subdivisions," Chapter 22, "Zoning," . and all other applicable codes and .regulations. As proposed, and recommended by staff, the preliminary plat is consistent with the FWCP and the applicable codes and regulations. RECOMMENDATiON Based on review of this application, the environmental record, and pertinent decisional criteria, the Department of Community Development Services recommends conditional approval of the preliminary plat. CONDITION Prior to approval of the final plat, the applicant must submit to the City of Federal Way the fee-in:.lieu of open space, calculated on 15 percent of the most recent ass~sed value of the pn,)perty at the time of finlll plat. LIST OF EXHIBITS . Copies of exhibits are not attached to all copies of this report. All exhibits have been provided to the Hearing Examiner. I. Set of phins by DBM, including the following: . Sheet 1, Preliminary Plat, by DBM, November 30; 2006 . Sheet 2, Preliminary TESCP & Demolition Plan;by DBM, November 30, 2006 . Sheet 3, Preliminary Grading Plan, by DBM, November 30, 2006 . Sheet 4, Preliminary Utility Plan, by DBM, November 30, 2006 2. Landscape Plan (Sheet L-l), by GHA Landscape Architects (Neil Buchanan), December I, 2Q06 3. Survey (two sheets), by Cramer Northwest, Inc.; August 15,2005 4. Zoning and Vicinity Map 5. Aerial Photography Map 6. QuarteJ: Section Map 7. Master Land Use Application form, received August 18, 2005 8.. Notice of Application, November 19; 2005 9; SEP A Determination of Non significance (DNS), July 22, 2006 10. Annotated SEP A checklist, resubmitted September 21, 2005 11. King County Certificate of Water Availability 12. King County Certificate of Sewer Availability 13. Preliminary Surface Water Technical Information Report (TIR): "Levell Downstream Analysis for Sterling Woods Subdivision," prepared by DBM Consulting Engineers, April 21, 2006 (received April 24, 2006) 14. Sight Distance Analysis, by Transportation Consulting Northwest (TCN), November 4,2005 15. Letter [rom Jeffery S. Jones, Wetland Scientist, regarding the l~cation of the boundary of the off-site wetland, October 12,2005 ... 16. Notice of Hearing Staff Report to the Hearing Examiner Sterling Woods Preliminary Plat File No. 05-1041 93-SU/DQc. J.D. 37883 P!lge 10 TRANSMITTED TO THE PARTIES LISTED HEREAFfER . Stephen Casseaux, Jr., Federal Way Hearing EXaminer Ann Dower, Public Works Development Engineering Sarady Long, Public Works Traffic Applicant/Owners: Mukesh K. "Mike" Makker and Makhan Singh, 12505 Bel-Red Road, #212, Bellevue, W A 98005 Chris Ingham, South King Fire and Rescue Brian Asbury, Lakehaven Utility District . Agent #1: Cramer NW, Attn: Aleanna KondeJis, 945 North Central, #104, Kent W A 98032 Agent #2: DBM Engineers, Attn: ~ieMinks, 502 16th StreetNE, #312, Auburn, WA 98002 Agent #3: DPM, Attn: Hans Korve, 726 Auburn Way N., Auburn, W A 98002 Sean Howe, Cairncross & Hempelmann, P.S., 524 2nd Avenue, Suite 580, Seattle, WA 98104-2323 . . . . . . . . . Staff Report to the Hearing Examiner: Sterling Woods Preliminary Plat File No. 05-I04J93~SU/Doc. 1..1;>. 37883 P.age II .~ ~~~ of''' ~ ~, 1 ~ ~'\'~"~.:":. .'.~ ~ 2 ~ :a it) .,'c. .... \3 - CO ~ :.';Z., ",,' ::> w ." <; I . CJ)W: ~ ~__.__~L_~._. ....." i~ 0,:: ~ ~-'-'1--'-'-----'-' M ~_~_~_~_~~_;______________L__~V>[~.. t- ~ ~ ......,....--.-.-.-.-.-.-.- ---~,., _ ~ ct:: _____~ ___1 .118'=' 1 ., ~ ~~.........":"_J --- -'-----J -7' - -~ ' ~ ----~ ---- ~.. ~ ~ I -:j-- !i \ I ~"'.~]:'.~ -- I' _ o...J ~ ~ 8" ;~ .1" ..,,:] c(l-~:~ I'"' r" ~ ~ :'i:!~' l~ ~. ~ ~ ~ .: .'....: . 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( ,'l,' '. ,.' ....,'~ L~ ~,~{'.~; '-~:':g" ~. '(!;1 {~! :::#""'~. '.. " ...:.!., ,r.:I.';'~' 'I~ : ~ @ '(;l ; !!if::, . ,,:; ../'d: ~'o >' ~'::~.<:'=i":::" ";~ 'a' ~ " \;~'~.::~"-\!U'.:1: .. ~ · @ ~ ,-., ,"~i", .' ~l..... - - .- '- ;1' ,- '.- " ""~ . ~ ''',;, ".'.':, ...",' <:'0; ,'!~o ',. . . ~ . '" '~i .0, ,.cj, I ~...'~,."-~.:~.<_\,v;.'_. ,..-.~ a o ,-t . .n '/", ~ " . "., " , Sterling Woods Zoning and Vicinity Map 36205 6th Avenue SW; Parcel No. 302104-9045 Preliminary Plat File No. 05-104193-SU; SEPA File No. 05-104199-SE -I ~ CITY OF , --? Federal Way r:::::------.---T------ 1 I '11 ~o :I: ~5.'J36 35839 , .~~~32 ~:)'3~~) :: ,i 1.. _J .35f42 35821 "'! 159/6 ,,~, .~, Ii ac:a ~ #5;844 3e~49:j~52 "-35,3"j 11: : ,.,.1 i I 1 !J.!,8~ 35857;: 8lL4 . i.~! ,;: 1 :_1 :.~." 0 '111 -, -3511,F " n....11: n ....v 3~a.~q k:J!.f8 ~ .......-t '35909 . .~l ,..J 92 j: ( L35928 . '. .4 '..I 358;'0 .J. ~ '1i . .~] ,3f005 c ;: o .c '" Ql ~ '" ~ ::J n; ~ c. '" E I 'n! .j : '601:0 :..,....I~..J ............~ ,~ ,. '-"1 I' " ~'~ ... ~ ,~L.'.l ~ !/!!:I '. · ,16012 !~; ':, 16027 : '. ~~q 10;6. bt~ !f!1 ?iio]~~: 8il1,;i;~i~' I t~~br:~.,~~:~,!-~~~-:6;~'~~....~S;~:~:.~~~it ~.1~: ~2~ 15.0 .:' 616' I ~"t-lflfl#tn! _I !9i!!L._~OfJ 'J, 1 1'19 St.- /(1 618 . .., };r;.. J '.n'- :n.'SV.r36"fst.ST' ,.- 0) '.'2 "'.J ""i!' fil" ~I. . !. ."'" -.- i J$~h -.;. .=n... ~ Ii)-- f...lY4: " .~' 1"J '25172. I Ifill I ~~':'.::.~ ~: 4.8, '~I 621 619 '-, ( i 'J':~:'!f 612!l-- ~:'1~:: '0 s'" :if ,~! .iilJ(i ~: I ?t'81J!C il" ~1" 363F?OC""':!f!..:. RS 15.0,. 1 I ~ .702, :-- 6 , 1. :n.?O 1--- -:.... ..' 36205 I ..~~f J. " . }1~jj~J:Q:~~ * 5 ite I 13&~ '~7 . ! ~ lifiiu... ~i 6:1,(, RS9 6 i. N '6.3.'-" ';Zi . i "'I -~~ <I '.j I g.~.)z~ '7:' . j ....{ .. ':?1;.5~. 'l;) vr7~' .~ .,..... ~,ri tf..,..' :-'.1' "'0 -'37' 03 r ,r,,'J''',' '., ::'1 LJ ;n .. !;1 _" ..J OJ." , 7UI hN 768 RS 1 ~.O . i6319" 36313 ;;.~I r I i --... .. n;)I;J.J . .....j 36327 ..1 ...1 .:;! 11\ !- ~ .~ 7ii (5 C i:j Ql Ql C '" ~ ::J Ol (5 c .!!! '" Ql :; n; ~ c. '" E '0 c .2 n; u o ....J \"'- - ; ., 36'424 1 J \ d .\ \ j ..> i-'] :J '.......... .: "ylti!I1U :,J 1 7?';- ",'j i ~ 3m2 'J ;~..:J :1 " 36603; ;~ I \ \ __.i 3641'1' i I I RS 9.6 U__~__~ <:!w~""n.j<:!T 707, _ ..J ., , ..:36515 .-..., ~.J J Zoning Designations: Property Legend: C Federal Way Zoning Boundary . "-::1 King County Properties . ~ IMlllands (1998 City Survey) ....J Landmal1<.s City of Federal Way SWM Properties Multi~Family Properties : City. County and State Pari< Properties U School Properties City of Federal Way. Properties TradslPrivate Open Space RS9.6 1 unit/9,600 Sq. Feet Governed by Development Agreement Source: City of Federal Way, Lakehaven Utility District. King County .) " g.~'.\1 ::;!; Ii A Y ~ .2 :Q it >, '- -- /1 t; 35824 I , l' I i . -.., 35906 I I ,1 ! .i : :-"1 c.i .~ ..., ., ... .. " ~: en! ') >1 , -\"11 <; :z:l 1 j ... :j" ;<01 J ! i l j J '61'4. ,--..J ;~~] J 613 if] 1 I .J :~.1 ! ) J.1 36206 , ,,' 36228 i~ UIl ~ ., .<( "j .::ti 3,6..:J08 438. g.,.] 35920 I "5 i 5.IJ 36008 . 36108 36130 I I ~~232 SW:3'63RD PL .. 7128 _. ,.I "- J 4./8 -.'-'~I 36326._ 1 ,,,.1" ,. J' ':: :J . (/J l -36404 : :> 1..,_.-1 1<( !:t 1+ ;~ i i !'""'1 :. ,11 36420 :'._J 364?~J i , ! , ; , l : 1 I 365tJ1J "~;:J i--~J'''-' 'I .._~ 427 417_, ".J RS 15.0 506 41tJ a .OJ > Ql a. R I I I I --1 I I i I i I I i I "OJ .c '" Ql U C '" c ii o Ql oS Ol C .c o N C ~ :; U Ql oS Ol c E .!!! :E '" en Ql Ql U C '" c ii o Ql oS "'C C '" C. '" E ,,,,~\ \..-'"~) I- '" ~ C Ql Ql ~ Ql .0 '" Ql .u C Ql en .in c o u .s >- c '" '0 C Ql > Ql Ql E ..5 .r; o (j; Qj n; o a. '" :2 .'\ 'We~and Source: 1998 City survey. Boundaries are approximate and additional areas may exist. This is NOT a substitute for a field survey. . \ Scale: irf 0 I 200 400 Feet I This map is accompanied by no warranties. and is simply a graphic representation. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING STERLING WOODS PRELIMINARY PLAT, FEDERAL WAY FILE NO. 05- t 04 t 93-00 SUo WHEREAS, the owner(s), Mukesh "Mike" Makker and Makhan Singh, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Sterling Woods and consisting of 2.32 acres into ten (10) single-family residential lots located at 36205 6th Avenue SW; and WHEREAS, on July 22, 2006, an Environmental Determination of Non significance (DNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), Chapter 43.2IC; RCW, and WHEREAS, the Federal Way Hearing Examiner on February 12, 2007, held a public hearing concerning Sterling Woods preliminary plat; and WHEREAS, following the conclusion of said hearing, on March 5, 2007, the Federal Way Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of Sterling Woods preliminary plat subject to conditions set forth therein; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, on March 12, 2007, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on Sterling Woods preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed Sterling Woods preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and WHEREAS, on March 20, 2007, the City Council considered the record and the Hearing Examiner recommendation on Sterling Woods preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. Now THEREFORE, THE CITY COUNCILOF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings offact and conclusions of the Land Use Hearing Examiner's March 5, 2007, Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed I to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein,' the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council iinmediately above, Sterling Woods preliminary plat, Federal Way File No. 05-104193-00 SU, is hereby approved, subject to conditions as contained in the March 5, 2007, Report and Recommendation of the Federal Way Land Use Hearing Examiner (Exhibit A). Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions ~or the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or c;onstitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCI L OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS _ DAY OF ,2006 CITY OF FEDERAL WAY MA YOR, MICHAEL PARK A lTEST: CITY CLERK, LAURA HATHAWAY, CITY CLERK ApPROVED AS To FORM: CITY AlTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED By THE CITY COUNCIL: RESOLUTION No. COUNCIL MEETING DATE: March 20, 2007 ITEM #: 5-e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: S. 308th Street Stormwater Facilitf Modification Project - 30% Design Status Report (ef? # 304-3 1 00-254/Mirror Basin Detention) POLICY QUESTION: Should the Council approve the 300;() design and provide authorization to return to Council at the 100% Design Stage for approval and authorization to bid the S.308th Street Stonnwater Facility Modification Project? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 12,2007 CATEGORY: C8J Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other ~!.~~f._~!=~_<?~!__~X:'_~.~~~~:__?~~.!~..~.~..._P._ ~:,?~r}~~_~~~~~t-...~!=l_~~g_~r... DEPT: Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated March 12,2007. Options Considered: l. Approve the 30% project design and provide authorization to return to Council at the 100% Design Stage for approval and authorization to bid the S.308th Street Stonnwater Facility Modification Project. 2. Do not authorize staff to continue with the project and provide direction to staff. ....H.......H.........H.__...__..._..H........_............____.._.._............_Hm_..._........................ ........... '. m.... _........._..__.............. ........._.._.....__................................... ........ .._ _"., .m.... .._ on ......... ___..._" .... ....... ._.. __..._.._..._. ..~.., '_~.....'.h'_. ..._..._.,.....~._.~...... _.~_.._.....~~...........~__ STAFF RECOMMENDATION: Staff recommends forwarding Option I above to the March 20,2007 Council Consent Agenda for approval. CITY MANAGER ApPROVAL: ~ \,~I h/ DIRECTOR ApPROVAL: ~ hfl.w ~ ~ Conuniucc Council COMMITTEE RECOM NDATION: Place Option I on the March 20, 2007 City f:-ouncl Consent Agenda for ap L ~{-f: L 7,(/', ~son, Member D n McCol UNCIL MOTION: "[ move for approval of the 30% project design and to provide authorization to return to Council at the 100% Design Stage for approval and authorization to bid the S.308th Street Stormwater Facility Modification Project. " ...1 (QELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED . 0 DENIED o TABLEDIOEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY iVlElVlORANDUM DATE: TO: VIA: FROM: SUBJECT: March 12, 2007 Land Use and Transportation Committee Neal Beets, City Manager Paul A. Bucich, P.E., Surface Water Manager ~ l~\ S 308th Street Stormwater Facility Modification Project - 30'% Design Status Report (eI? # 304-3100-254/Mirror Basin Detention) BACKGROUND: This project will expand the detention storage capacity, construct an emergency spillway and enhance the water quality treatment of the existing "Evergreen Estates South" residential development detention pond located within a permanent drainage easement on city-owned Open Space. This pond is located on the south side orS 30gth Street, immediately west of 4th Avenue South. Currently the project design is approximately 30IY;, complete, which includes the following completed tasks: . Topographical Survey and Mapping Hydrological and Hydraulic Analysis Project Design plans to 30% level . . Ongoing Tasks I:nclude: - SEP A Submittals .- Acquisition of city Right-of Way Permit - Project Design to 100% level This project is scheduled for construction to commence in early July. PROJECT, ESTIMATED EXPENDITURES: 100% Design (Estimate) Year 2007 Construction (Estimate) 10% Construction Contingency Construction Management (15%) TOTAL PROJECT COSTS $ 55,000 $ 115,000 $ 11,500 $ 17,25'0 $ 198,750 AVAILABLE FUNDING: TOTAL A V AILABLE BUDGET $ 248,000 K:\lutc\2007\J-12-07 S 30g"' Street Stonnwater Facility Modification.doc COUNCIL MEETING DATE: March 20, 2007 ITEM #: S-f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 26th Avenue SW Stormwater Trunk Replacement Project -(CIP # 304-3100-253)- 100% Design Approval & Authorization to Bid POLICY QUESTrON: Should the Council approve the 100'Yo design and authorize staff to bid the 26th Avenue SW Stomlwater Trunk Replacemen.t Project? . COMMITTEE: Land Use and Transportation Committee iVlEETrNG DATE: March 12,2007 CATEGORY: IZI Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other ~!~.~~..~~.~Q~!~Y-:..~~~!...~.:... I?.~~i~.hl.Y.:..~..:.!...~.~~.fa..~.~.yYa..~~r M:a..':'a..g~_~ DEPT: Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated March 12,2007. Options Considered: 1. Approve the 100% project design and provide authorization to bid the 26th Avenue SW Stormwater Trunk Replacement Project and return to the LUTe Committee with a request for pemlission to award the project to the lowest responsible, responsive bidder. 2. Do not authorize staff to continue with the project and proviqe direction to staff '_"'~""'__"_'_"M"''''M'M''_''_''.._............__..__...._.............._ ...d,O'_u__h. 'M_ .....'... .................__...._..... .,....._ .............._....._.._........_m.._.. ........_.........._........... .... .. ...... ".. ..............__........ ..,................._.........__M..__.._... .........__.....................................__.._..__..._........'..HWw.w._.w___ STAFF RECOMMENDATION: Staff recommends forwarding Option 1 above to the March 20,2007 Council Consent Agenda for approval. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ MIre Council / ember PRO 0 0 COUNCIL MOTION: "[ move approval of the 100% design and authorize staff to bid the 2rJh Avenue SW Stormwater Trunk Replacement Project and return to the LUTC Committee with a request for pennissiofl to award the project to the lowest responsible. responsive bidder. " (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 MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: March 12.2007 Land Use and Transportation Committee Neal Beets, City Manager Paul A. Bucich, P.E., Surface Water Manager 261h Avenue SW Drainage Replacement Project - (CIP # 304-3100-253) 100'% Design Status Report & Request Authorization to Bid ~ ~~'\ BACKGROUND: On November 7, 2006, the Council authorized SWM to complete the design for the 261h Avenue SW (304-3100- 253) Trunk Replacement Project and report back to council at the 100% design stage. This project will replace approximately 2,300 lineal feet of undersized/deficient drainage located along 26th Avenue SW between SW 323rd to SW 3251h Street and SW 32th to SW 334th Street in 2007. The project design is now 100% complete, which includes the following completed tasks: . Topographical Survey and Mapping Hydrological and Hydraulic Analysis Project design plans and specifications to 100% level All Permitting- SEPA, City R.O.W. Permit, and City Director's Approval for working within 25-foot regulated lake buffer. . . . ESTIMATED PROJECT EXPENDITURES: Design Year 2007 Construction (Estimate) 10% Construction Contingency Construction Management & Bid Advertising TOTAL PROJECT COSTS $ 85,020 $ 650,990 $ 65,099 $ 10,000 $ 811,109 "Base Bid" Total Project Cost -($40,500) Alternate Deduct for Water Quality System $ 770,609 Estimated Minimum Project Cost without Water Quality System The "Base Bid" Total Cost includes installation of a water quality treatment system that would be installed only if Total Project Costs are below the Available Project Funding amount or Council authorizes supplemental funding from SWM unallocated funds. AVAILABLE FUNDING: TOTAL AVAILABLE BUDGET $ 810,000 K:\lutc\2007\3-12-07 261h Ave SW Drainage Replacement Project.doc COUNCIL MEETING DATE: ITEM #: 5-g CITY OF FEDE-RAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ANNEXATION INTERLOCAL AGREEMENT AND COMMUNITY OUTREACH MEMORANDUM OF UNDERST ANDING POLICY QUESTION: Should City execute an interlocal agreement addressing transition from county to city services, transfer of property, King County funding offer and miscellaneous administrative issues? Should the city also execute a Memorandum of Understanding (MOU) regarding shared funding of community outreach costs with King County? COMMITTEE: LUTC MEETING DATE: March 12, 2007 CA TEGORY: o Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other ~.!.~.~f .!l..!!=.J>2~~..~Y:...!?AAc:.~9-~~E.J:'!c.~~!.!~g..~~J:'!..lg~...~..~~.~J:'!.E~..m............___.._......~.~~~~..~.~~.........___..._____._____......__.__m.._____ Exhibits: (1) Staff Report (2) Annexation Interlocal Agreements wi Exhibits, (3) Community Outreach MOD Options Considered: 1. Authorize the City Manager to execute the Annexation Interlocal Agreement and Community Outreach MOD. 2. Do not authorize execution of Interlocal and MOD. STAFF RECOMMENDATION: Staff recommends option 1. Committee ~ DIRECTOR ApPROVAL: ~ _r!)1G Committee Council ClTY MANAGER ApPROVAL: rL;f-t--- Committee Member COMMITTEE RECOMMENDATION: 00. L MOTION: "I move to authorize the City Manager to execute the Annexation Interlocal ommunity Outreach MOU. .. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordimmces 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: FROM: March 5, 2007 Land Use and Transportation Committee Neal Beats, City Manager Kathy McClung, CDS Director Isaac Conlen, Acting Senior Planner SUBJECT: Annexation Interlocal Agreement and Public Outreach Funding MOU MEETING DATE: March 12,2007 POLICY QUESTION Should City Council execute an interlocal agreement addressing transition from county to city services, transfer of property, King County funding offer and miscellaneous administrative issues? Should City Council also execute a Memorandum of Understanding (MOU) regarding shared funding of public outreach costs with King County? BACKGROUND On February 20,2007, City Council passed Resolution 07-492 initiating annexation of the city's remaining Potential Annexation Area (PAA) known as the East Federal Way Annexation Area. City staff have been working with County staff over the last several months, putting together an annexation interlocal agreement between the city and the county (Exhibit 2). The interlocal addresses the transition from county governance to city governance. Specifically, it addresses post-annexation permitting responsibility, transfer of public property (parks and stormwater facilities), transfer of public safety responsibilities, incentive funds offered by the county and other administrative details. In addition, the county has offered to participate in and share the cost of public outreach efforts leading up to the annexation election date. The details of this offer are specified in a MOU between the city and county (Exhibit 3). DISCUSSION Interlocal Agreement: The draft interlocal agreement is similar to the interlocal agreement negotiated for the North Lake, Parkway and Redondo East annexations in 2004. Staff from Public Works, Public Safety, Community Development, Parks, Finance, Courts, the City Manager's Office and the City Attorney's Office have helped create the agreement in a cooperative effort with King County staff. . The agreement includes the following significant provisions: · Permitting: The County will continue to process land lIse and building pet:mits initiated prior. to the effective date of annexation. Land use decisions requiring quasi-judicial or legislative EXHIBIT I PAGE I OF z, approval will be heard by the city's hearing examiner or City Council with staff support from the county. . Parks: County parks facilities, including associated equipment, will be transferred to the city in "as-is condition" upon the effective date of annexation. The agreement includes provisions for early inspection of facilities and equipment. . Public Safety and Courts: The city will be responsible for public safety services on the effective date of annexation. The county will continue to investigate and complete criminal cases that originated in the annexation area prior to the date of annexation. Likewise, the county will be responsible for the costs of prosecution and incarceration for cases originating prior to the effective date of annexation. . Incentive Funds: The county has offered the city a total of $3,500,000 to offset the costs of annexation.. $2,500,000 in cash and $1,000,000 worth of road overlay improvements in the annexation area. The funds will be paid in two installments, the first within 30 days of acceptance by City Council of the annexation area and the second within 30 days of the effective date of annexation. These funds are contingent upon an annexation effective date of January I, 2009 or sooner. If the annexation is made effective after January 1,2009, but on or before January 1,2010 the county agrees to pay 75% of the above described funds (and road work). In addition, the interlocal agreement establishes that the county will cover one half of the election related cost of annexation (cost of ballots and voter pamphlets). Annexation Outreach Funding MOU Additionally, the county has offered to participate in community outreach activities and to reimburse the city for up to $25,000 of costs associated with such activities prior to the annexation election. Costs eligible for reimbursement include, surveys, printing, meeting-related costs and similar expenses. This offer is in the form of an MOU attached as Exhibit 3. Staff Recommendation Approve the Annexation Interlocal Agreement and Community Outreach MOU. EXHIBIT / PAGE Z- OF Z- Page 2 INTERLOCAL AGREEMENT BETWEEN THE 'CITY OF FEDERAL WAY AND KING COUNTY, RELATING TO THE ANNEXATION OF THE FEDERAL WAY POTENTIAL ANNEXATION AREA THIS AGREEMENT is made and entered into this day of ,2007. The parties ("Parties") to this Agreement are the City of Federal Way, a State of Washington municipal corporation ("City") and King County, a political subdivision of the State of Washington ("County"). WHEREAS, on an election date in 2007, the citizens of the City's Potential Annexation Area generally described in Exhibit A hereto (hereinafter the "Annexation Area") will have an opportunity to v~te on whether to annex to the City; and WHEREAS, if approved by the voters, annexation of the Annexation Area to the City will become effective on or before January 1, 2009, pursuant to City ordinance; and WHEREAS, if annexation is not initially approved by the voters, the City may elect to resubmit the matter to the voters of the Annexation Area at an election in 2008 and if approved the annexation would become effective on or before January 1,2010, pursuant to City ordinance; and WHEREAS, as of the date of legal annexation of the Annexation Area, pursuant to state law, the City will own, and have the responsibility for the operation, safety and maintenance of all former County roads, bridges and rights-of-way located within the City limits together with all appurtenances located within such rights-of-way, including but not limited to, drainage facilities, stormwater facilities, environmental mitigation sites and monitoring projects, street lights, traffic signals and traffic signs; and WHEREAS, the City and the County desire to facilitate an orderly transition of services, including but not limited to police services, court services and public works services associated with the Annexation Area; and WHEREAS, the City and the County desire to mutually determine the appropriate timing for the transfer of public records; and WHEREAS, upon annexation of the Annexation Area, the County shall make available to the City a one-time payment of funds from its Annexation Incentive Funds to assist with the cost oftransitioning services and in consideration of the City relieving the County of the burden of providing public services to the areas to be annexed; and WHEREAS, the City and the County want to ensure a smooth transfer of ownership and maintenance of existing local County park facilities and properties in the Annexation Area; and WHEREAS, the City and the County want to ensure a smooth transfer of ownership and maintenance of existing County surface water facilities and related property interests in the Annexation Area; and ~r :" l :~ ~'.\ EXHIBIT PAGE / 2 OF ?"c; "';,., '0 ,/,."" .\ ',' ,', " .,' s ..... ,",' ,_'~...... ~ "i".:;;,... i i WHEREAS,. all local governmental land use authority and jurisdiction with respect to the Annexation Area transfers from the County to the City upon the date of annexation; and WHEREAS, the County and City agree that having County staff process various Annexation Area building and land use applications on behalf of the City for a transitional period following annexation will assist in an orderly transfer of authority and jurisdiction; and WHEREAS, it is the parties' intent by virtue of this Agreement that any and all discretionary decisions with respect to land use and permitting from and after the date of annexation shall be made by the City; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by the Interlocal Cooperation Act, codified at Chapter 39.34 RCW, and other Washington law, as amended; NOW THEREFORE, in consideration of the mutual terms, provisions and obligations contained herein, it is agreed by and between the City and the County as follows: 1. TERM. This Agreement shall be deemed to take effect following the approval of the Agreement by the official action of the governing bodies of each of the Parties and the signing of the Agreement by the duly authorized representative of each of the Parties, and shall continue in force for a period of five (5) years from the effective date of annexation of the Annexation Area; provided, however, that in the event: (1) the City fails to place the annexation measure on the ballot in 2007; or (2) the annexation measure is placed on the ballot but is rejected by voters at election in 2007 and the City thereafter either does not place the matter before the voters again in 2008 or the measure again fails at the polls in 2008, then this Agreement shall terminate on December 31, 2008. 2. ANNEXATION. The City shall take action to ensure placement on the ballot at a regular or special election date in 2007 for the registered voters of the Annexation Area to vote on whether to annex to the City. If approved by the voters in 2007, the City shall take action by ordinance to ensure that the annexation of the Annexation Area will be effective on or before January 1,2009. Ifnot approved by the voters in 2007, the City shall take action to ensure placement on the ballot at a regular or special election date in 2008 for the registered voters of the Annexation Area to again vote on whether to annex to the City, or this Agreement shall terminate per Section 1 on December 31, 2008. If the matter is placed on the ballot and approved by the voters in 2008, the City shall take action by ordinance to ensure that the annexation of the Annexation Area will be effective on or before January 1,2010. The tenn "Annexation Area" means the territory generally described in Exhibit A hereto, as it may be modified by decision of the King County Boundary Review Board, and/or subsequent decision on any appeal of such decision. 3. RECORDS TRANSFER. Upon approval of the annexation by voters and acceptance thereof by the City, the County shall work with the City to transfer to the City public records including but not limited to record drawings or construction drawings that are requested by the City related to transferred facilities and properties within the ~... , ~ l" .!l . :' '''1 '.~____,-., .... .. ... f ., ~.:; I- r ~ ,j'-\. ;,~} ." "'. "I ... t' .... " " .. 1 ~ : , o,_! "cJ " ....__._.-..._............--r t '",t- 40"-.._....._.,....~~.. ;,:.J. fi.. . - 4 'l 2 EXHIBIT z.. PAGE 2- OF 5" c.. Annexation Area. The City shall send a written request for records to the director of the County department or division holding such records. Alternately, the City may request in writing that such director schedule a records transfer meeting at which a City representatives shall meet with County department representatives in order to review and identify records to be copied and/or transferred consistent with the tef1l1s of this Section 3. The request shall provide sufficient detail to allow the County to identify and locate the requested records. The County shall make its best effort to provide the documents within forty-five (45) days of the request. The County may elect to provide original records or copies of records. The County shall not be required to provide records that are not reasonably available or to create records or compilations that have not already been created. Notwithstanding anything in this section to the contrary, sheriff records transfers will be subject to the provisions of Section 10 and Exhibit H. 4. DEVELOPMENT PERMIT PROCESSING. Upon the effective date ofthe annexation of Annexation Area, the terms ofthis Agreement attached hereto as Exhibit B shall go into effect with respect to development permit processing. 5. ANNEXATION FUND PAYMENT AND ROAD IMPROVEMENTS CONTRIBUTION. In order to partially offset the City's cost oftransitioning and providing services to the Annexation Area, -and in consideration of the City relieving the County of the burden of providing local public services (including but not limited to drainage services and operation oflocal park facilities) in the Annexation Area, the County will provide the City with a payment from the annexation initiative incentive reserve funds, and shall fund certain roadway improvements in advance of annexation. a. The payment of annexation incentive reserve funds shall total $2,500,000. The payment shall be composed of $2,000,000 from the Current Expense Fund and $500,000 from the Real Estate Excise Tax (REET) Number 2 Fund. The City shall expend the REET dollars consistent with the limitations placed on the use of this fund under King County Code Section 4.32.012 as currently adopted or hereafter amended. The payment of annexation incentive reserve funds shall be made in two installments. The first installment shall be made not later than 30 days following adoption by the City of an ordinance timely accepting annexation of the Annexation Area on or before January 1,2009 (which action shall be taken after receiving certification that the proposition was approved by voters). This installment shall include $1,000,000 in Current Expense Fund revenue and $250,000 in REET Number 2 Fund revenue. The second installment will be made not later than 30 days after the effective date of the annexation, and shall be composed of $1 ,000,000 in Current Expense Fund revenue, and $250,000 in REET Number 2 Fund revenue. b. In addition to the annexation incentive fund payment described in paragraph 5.a above, the County shall cause to be completed roadway overlay improvements in the Annexation Area valued by the County at $1,000,000. The road funding shall :~i~ ", r I rot F, - - .....} ")-L ~ '. 3 EXHIBIT Z PAGE .3 OF t; c, '. .. -J j. t~~ ~: .~~ j:. ,. be committed to designated overlay projects by the County after the City Council acts to accept annexation of the Annexation Area following voter approval of annexation. The roadway improvements shall be specifically targeted to roadways with a pavement rating of less than forty percent, and the specific roadway segments to be improved shall be selected by the County Roads Division in consultation with the Director of the City Public Works Department. Such improvements shall to the extent practicable be completed prior to the effective date of the annexation, but in any event as soon thereafter as possible. c. In addition to the annexation incentive fund payment described above, the County agrees to pay one-half the charge to the City from the County Elections Division for conducting the initial election in the Arinexation Area (whether in two separate ballot measure on the same election date, or one ballot measure). Such payment shall be applicable to a second or other later annexation election. d. Notwithstanding anything in the foregoing subparagraphs a through c, in the event the annexation effective date is after January 1,2009, but on or before January I, 2010, then the County shall still pay annexation incentive reserve fund payment to the City, and in consideration of the extended time period during which the County will incur the expense of providing services to the Annexation Area, the annexation incentive reserve fund payment to the City shall be 75% ofthe originally offered amount, specifically, the payment shall include $1,500,,000 in Current Expense Fund revenue, $375,000 in REET Fund Number 2 revenue, and . completion by the County of$750,000 in road overlays or other road infrastructure improvements. Upon request of the City said payment of Current Expense and REET revenue shall be made in part prior to the effective date of annexation but after the City Council acts to accept annexation of the Annexation Area following voter approval of annexation, with up to half of the funds transferred in advance and the balance transferred upon the effective date of annexation. e. In the event the City determines to place the annexation matter before the voters on two separate ballots, one for the northern portion of the City's Annexation Area, and on for the southern portion of the Annexation Area, and only one of the ballot measures is approved by the voters, then the annexation incentive reserve fund payment to the City shall be made in accordance with the preceding paragraphs adjusted as follows: for the northern portion of the Annexation Area, 60% of the funds otherwise allocable shall be paid; for the southern portion of the Annexation Area, 40% of the funds otherwise allocable shall be paid. f. No annexation incentive reserve funds shall be payable for any annexation of any portion or all of the Annexation Area with an effective date later than January 1, 2010, or in the event the City does not assume ownership of all Parks Properties, Drainage Facilities, and Drainage Facility Property Interests upon annexation as contemplated by Sections 6 and 7 of this Agreement.1 ... ..........~.. ....--.... ~~. ._. ..... ~ ....... f e'" ~ ~ t.(: ~ . f ) l~(: ~ ~~~ $ ....~~ J ..,.. r. -1. tI~~ ..:\ ';' -.t:.: :,1f" i... ....... .. .', ._" . 4 EXHIBITZ- PAGE y OF 5' 6. PARK AND OPEN SPACE FACILITIES AND PROPERTIES The County shall transfer to the City, and the City shall accept, the park, open space, and greenbelt properties listed in Exhibit C attached hereto and incorporated herein (collectively, the "Parks Properties"), which park, open space and greenbelt properties are more generally known as: . Bingamon Pond Natural Area . Camelot Park · Five Mile Lake Park . Lake Geneva · South County Ball fields/ Athletic Complex · Greenbelt Properties These transfers shall be accomplished through the execution by the County Executive and City Manager of Federal Way of an intergovernmental transfer agreement in substantially the form as Exhibit D, attached hereto and incorporated herein, which execution shall occur within thirty days of the City Council acting to accept the annexation of areas within which the Parks Pro'perties are included, all following voter approval. It"is the intent of the parties thatthe transfer of the Parks Properties to the City shall occur as nearly as possible on or immediately after the effective date of the annexation. 7. SURFACE WATER MANAGEMENT a. Transfer of Drainage Facilities and Drainage Facility Property Interests. 1. Upon the effective date of annexation for the area in which the "Drainage Facilities" identified in Exhibit E, attached hereto and incorporated herein by reference, are located, those Drainage Facilities which are held by the County as specifically identified in Tables A and C of Exhibit E shall automatically be transferred from the County to the City, and the City shall assume ownership and full and complete responsibility for the operation, maintenance, repairs, and any subsequent improvements to said Drainage Facilities. The Drainage Facilities identified in Table B of Exhibit E shall not be transferred but shall remain in private ownership. The City shall have the right but not the obligation to inspect the facilities identified in Table B from and after the effective date of annexation. I. The City and the County acknowledge and agree that the Residential Drainage Facility Property Parcel number 3874010940 (Kingco Estates 3, 28409 37th Ave S) (herein the "Kingco Property") is currently subject to special use permit number S-197-05 granted to Ki"ng County Natural Resources Water & Land Resources Division for the purpose of constructing and maintaining a trail/footbridge facilitating access to Bingamon Pond Park. Effective as ofthe date the ~ i..::S :: :. :~}(":: ::.:-: ,"'l.~ ' 5 EXHIB~T Z- PAGE s OF 5~ !. .:: ~ . Kingco Property is conveyed to the City, the County hereb~ assigns, transfers and conveys to the City all of the County's rights, privileges and obligations in the Permit, and the City hereby accepts and assumes all of the County's rights, privileges and obligations in the Permit. 11. The County shall upon the effective date of annexation for the area in which the "Drainage Facility Property Interests" (which property interests are currently held by the County) identified in Exhibit F, attached hereto and incorporated herein by reference, are located, convey by quit claim deed in substantially the form in Exhibit G, attached hereto and incorporated by reference, to the City, and the City shall accept, the Drainage Facility Property Interests, subject to all rights, conditions, covenants, obligations, limitations and reservations of record for such property interests. The City agrees to abide by and enforce all rights, conditions, covenants, obligations, limitations and reservations for the Drainage Facility Property Interests. 111. The County is willing to provide surface water management services and maintenance for the Annexation Area via separate written agreement between the Parties. IV. Both parties will make staff available to identify and review any additional County-owned local drainage facilities, easements, and other property interests within the Annexation Area that should appropriately be coriveyed t6 the City. Such facilities and other property interests include those for which the County's facility acceptance process has not yet been completed, including both projects being constructed by the County as well as projects subject to County approval that are constructed by third parties. Any such additional County-owned drainage properties or other property interests shall be transferred to the City pursuant to this Agreement and upon County approval, including if necessary the adoption ofan ordinance authorizing the transfer of King County owned drainage properties and property interests. The transfer of responsibility for drainage facilities shall be documented in writing, including specific facilities transferred and the date of transfer and such documentation signed by the appropriate City representative and the Director of the King. County Water and Land Resources Division. b. Condition of and Responsibility for Operations, Maintenance, Repairs, and Improvements of Drainage Facilities and Drainage Facility Property Interests. 1. The City agrees to accept the Drainage Facilities and Drainage Facility Property Interests in AS IS condition, and to assume full and complete responsibility for all operations, maintenance, repairs, and improvements of the Drainage Facilities and Drainage Facility Property Interests. II. King County does not make and specifically disclaims any warranties, express or implied, including any warranty of merchantability or fitness . for a particular purpose, with respect to the Drainage Facilities and 6 EXHIBIT [?)AGE ~ Z- ,.~. f :('"'l r t ,... Ii ':' .. ' \ .~.:. '~ !~~ i" ::j - - .~ - Il ,.. .......,. .'~, . ,......-~ JJ .~. ~ " ,...~.:_._. "; w..-.....,.._.............-.- ;)"v. ~'. .':'J OF 5~ Dr.ainage Facility Property Interests, and no official, employee, representative or agent of King County is authorized otherwise. iii. The City acknowledges and agrees that except as indicated in paragraph 7(c)(ii), the County shall have no liability for, and that the City shall release and have no recourse against the County for, any defect or deficiency of any kind whatsoever in the Drainage Facilities and Drainage Facility Property Interests without regard to whether such defect or deficiency was known or discoverable by the City or the County. . c. Environmental Liability related to the Drainage Facilities and Drainage Facility Property Interests 1. "Hazardous Materials" as used herein shall mean any hazardous, dangerous or toxic wastes, materials, or substances as defined in state or federal statutes or regulations as cu~ent1y adopted or hereafter amended. 11. Nothing in this agreement shall be deemed to waive any statutory claim for contribution that the City might have against the County under federal or state environmental statutes that arises from hazardous materials deposited or released on the Drainage Facilities or Drainage Facility Property Interests by the County during the County's. period of ownership. The City may not, however, assert such a claim to the extent that the City creates the need for or exacerbates the cost of remediation upon which a statutory claim for contribution is based as a result of the City performing construction activities on, changing the configuration of, or changing the use of the Drainage Facilities or Drainage Facility Property Interests. iii. If the City discovers the presence of hazardous materials at levels that could give rise to a statutory claim for contribution against the County it shall immediately notify the County in writing. The parties shall make their best efforts to reach agreement as to which party is responsible for remediation under the terms of this Agreement prior to undertaking any remediation. IV. In no event shall the County be responsible for any costsofremediation that exceed the minimum necessary to satisfy the state or federal agency with jurisdiction over the remediation. d. Indemnification related to Drainage Facilities and Drainage Facility Property Interests. 1. King County shall indemnify and hold hannless the City and its elected officials, officers, agents or employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising from those occurrences related "1 r"~ :'~ ~.~'f. 7 EXHIBIT Z- PAGE (- OF s(, ~ }j t':~' :~ r~'~ ; ,"; to the Drainage Facilities and Drainage Fa~ility Property Interests that occurred prior to the effective date of annexation, except to the extent that indemnifying or holding the City harmless would be limited by Section 7( c) of this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against the City or the City and King County, King County shall defend the same at its sole cost and expense and, if final judgment be rendered against the City and its elected officials, officers, agents and employees or jointly against the City and King County and their respective elected officials, officers, agents and employees, King County shall satisfy the same. II. The City shall indemnify and hold harmless King County and its elected officials, officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising from those occurrences related to the Drainage Facilities and Drainage Facility Property Interests that occur on or after the effective date of annexation, except to the extent that indemnifying or holding the County harmless would be limited by Section 7(c) of this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against King County or King County and the City, the City shall defend the same at its sole cost and expense and, if final judgment be rendered against King County and its officers, agents and employees or jointly against King County and the City and their respective officers, agents and employees, the City shall satisfy the same. iii. For a period of three years following transfer, each party to this Agreement shall immediately notify the other of any and all claims, actions, losses or damages that arise or are brought against that Party relating to or pertaining to the Drainage Facilities and Drainage Facility Property Interests. IV. Each Party to this Agreement agrees that its obligations under this paragraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. For this purpose, each Party to this Agreement, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify the other party. e. The provisions of this Section 7 shall survive the expiration or termination of this Agreement. 8. JAIL SERVICES. On and after the date of annexation, the Annexation Area is subject to the existing Interlocal Agreement between King County and the City of v..s " .:, -",11: ~ 1', I '''I.~ 1;, ...... ..4 __._.... ".., ._..... .. . . 8 EXHIBIT z. PAGE F! OF 5~ '';' ~ s.., a 'l' ~ it ... . ._~ . ....~...,_.......~......-....___... ~ .~ \.~~4 ~ t~1/'::~. :_-.-:: Federal Way for Jail Services. All misdemeanor crimes that occur in the Annexation Area prior to the date of annexation will be considered crimes within the jurisdiction of King County for the purposes of determining financial responsibility under said Interlocal Agreement for Jail Services. All misdemeanor crimes that occur in the Annexation Area on or after the date of annexation will be considered crimes within the jurisdiction of the City for purposes of determining financial responsibility under the Interlocal Agreement for Jail Services. 9. POLICE SERVICES. On the effective date of the annexation, police service responsibility within the Annexation Area will be transferred to the City. Criminal cases and investigations pending with the County Sheriff prior to the effective date of the annexation remain the responsibility of the County. The parties shall implement the police transition plan attached hereto at Exhibit H. In addition to the provisions of that transition plan, the parties further agree as follows: a. Sharing of community information: The County agrees to provide community contact lists that the County may have regarding the Annexation Area to the City within 90 days of the City so requesting such information. These lists may include, but are not liinited to: members of block watch programs, community groups, and/or homeowner's associations. b. Annexation of Emergency Response (911) Services: The City and County agree to coordinate transfer of emergency response (911) services in the Annexation Area. 10. DISTRICT COURT SERVICES TRANSITION. The County will be responsible for the prosecution of and payment of any fees or assessments associated with misdemeanor criminal cases where the alleged violation occurred prior to the effective date of annexation. The City will be responsible for the prosecution of and payment of court filing fees and other fees associated with misdemeanor criminal cases where the alleged violation occurred on or after the effective date of annexation. . 11.: ANNEXATION AREA BOUNDARIES TO INCLUDE ROADWAYS BOUNDING AGRICULTURAL PRODUCTION DISTRICTS. The parties agree that, subject to approval by the Boundary Review Board, any and all county roadways located on the edge of the Annexation Area adjacent to or abutting the Green River Agricultural Production District(s), shall be included within the Annexation Area. a. . The parties agree to work collaboratively to resolve issues relating to policing authority and road maintenance responsibility within the Green River Agricultural Production District, including considering the option of transitioning those responsibilities from the County to the City and/or the Cities of Kent and Auburn. The parties agree to seek to include the Cities of Kent and Auburn in such discussions. ~..,. .,..~~". -' t'.' t 1. .....;1 . ~ ; .,." ~ ''':../ ....~..,.".,.,_...~~.."...,. .! ::' ~ 9 EXHIBIT z. PAGE r OF Sfd .~~! r:'.~' ~ '~..~ } ': ~~~ ~. 12. STATUS OF COUNTY EMPLOYEES. Subject to City civil service rules and state law, the City agrees to consider the hiring of County employees whose employment status is affected by the change in governance of the Annexation Area, provided that the City's consideration of hiring affected sheriff department employees shall be governed by the provisions set forth in RCW 35.13.360 et seq. The County shall in a timely manner provide the City with a list of those affected employees. 13. ADMINISTRATION AND CONTACT PERSONS. The Parties stipulate that the following persons shall be the administrators of this Agreement and shall be the contact person for their respective jurisdiction. City of Federal Way: King County: City.t'1anager City of Federal Way 33325 8th Avenue S. Federal Way, WA 98003-6210 Director, Office of Management and Budget King County 7015th Avenue Suite 3200 Seattle, W A 98104 14. COMPLIANCE WITH LAWS. Each PartY,accepts responsibility for compliance with federal, state, and local laws and regulations. Specifically, in meeting the commitments encompassed in this Agreement, aU parties will comply with, among other laws and regulatioris,the requirements of the. Open Meetings Act, Public Records Act, Growth Management Act, State Environmental Policy Act, and Annexation Statutes. The Parties retain the ultimate authority for land use and development decisions within their respective jurisdictions as provided herein. By executing this Agreement, the Parties do not purpOI"1: to abrogate the decision-making responsibility vested in them by law. 15. INDEMNIFICATION. The following indemnification provisions shall apply to the entirety of this Agreement except for: (1) Section 7 concerning Drainage Facilities and Drainage Facility Property Interests, which Section shall be controlled exclusively by the provisions therein; (2) Exhibit B relating to Development Permit Processing which Exhibit contains separate indemnification provisions; and (3) Exhibit D relating to the transfer of park and open space properties which also contains separate indemnification provisions. a. The County shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission oftheCounty, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. , In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense, provided that the City retains the right to participate in said suit if any "~_,,,,"_~.'r ~ 13' j--j )::,;, ~. !ft'i ... 1"\;\ . . _ ...'~ l..? ... ...............;.__M~. ~ ~~. :" r~ 10 EXHIBIT PAGE 10 2- OF 5~ principal of governmental authority is involved, and if final judgment b.e rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. b. The City shall indemnify and hold harmless the County and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the City, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a.claim, action, loss, or damage is brought against the county, the City shall defend the same at its sole cost and expense, provided that the County retains the right to participate in said suit if any principal of governmental authority is involved; and if final judgment be rendered against the County and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees or any of them, the City shall satisfy the same. c. The City 'and the County acknowledge and agree that if such claims, actions, suits, . liability, loss, costs, expenses and damages are caused by or result from the concurrent'negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this section shall be valid and enforceable only tothe extent of the negligence of each party, its agents, employees and/or officers. d. The provisions of this Indemnification Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 16. GENERAL PROVISIONS. a. Entire Agreement. This Agreement together with all Exhibits hereto contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. b. Filing. A copy ofthis Agreement shall be filed with the Federal Way City Clerk and recorded with the King County Auditor. c. Records. Until December 31,201.3, any of either party's records related to any matters covered by this Intergovernmental Agreement not othetwise privileged shall be subject to inspection, review, and/or audit by either party at the requesting party's sole expense. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. Other provisions of this section notwithstanding, police/sheriff records shall be retained according to the state records retention schedule as provided in RCW Title 42 and related Washington Administrative Code provisions, :.1 ~"~ :. II EXHIBIT PAGE II 2- , ,~. '._"_' ......... Ii i ti ~ fl },. . ~H') . -: t ~ OF 5(; d. Amendments. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. e. Severability. If one or more of the clauses of this Agreement is found to be unenforceable, illegal, or contrary to public policy, the Agreement will remain in full force and effect except for the clauses that are unenforceable, illegal, or contrary to public policy. f. Assignment. Neither the City nor the County shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. g. Successors in Interest. Subject to the foregoing subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs, and assigns. h. Remedies. In addition to any other remedies provided at law, the Parties agree that in the event of a breach of tbis Agreement, the aggrieved party may seek specific perfomiance. 1. Dispute Resolution. The Parties should attempt if appropriate to use a formal dispute resolution process such as mediation, through an agreed-upon mediator and process, if agreement cannot be reached regarding interpretation or implementation of any provision of this Agreement. All costs for mediation services would be divided equally between the Parties. Each jurisdiction would be responsible for the costs of their own legal representation. J. Attorneys' fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement ofthis Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. k. No waiver. . Failure of either the County or the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in . connection with, shall not waive such breach or default. l. Applicable Law. Washington law shall govern the interpretation of this Agreement. King County shall be the venue of any arbitration or lawsuit arising out of this Agreement. m. Authority. Each individual executing this Agreement on behalf of the City and the County represents and warrants that such individuals are duly authorized to execute and deliver the AgTeement on behalf of the City or the County. , . ."~~~.~'~_~.__ oi". ~ }~:~ j i~ f } :.- ~~: ~: .~ n ._.~.,_.-,....~, ] ~'l, ,." 12 EXHIBIT 2- PAGE !l, OF 5~ n. Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth above in Section 13. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the addresses set forth above in Section 13 Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. o. Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. p. Equal Opportunity to Draft. The Parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. q. Third Party Beneficiaries. This agreement is made and entered into for the sole protection and benefit of the parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. IN WITNESS THEREOF, the Parties have executed this Agreement. CITY OF FEDERAL WAY: KING COUNTY: Neal Beets, City Manager Date: Ron Sims, Executive Date: ATTEST: ATTEST: City Clerk DATED:. DATED: Approved as to Form: Approved as to Form: City Attorney Sr. D<::puty Prosecuting Attorney ~1 {"1, ~. > t~~ . i1. " . 13 ~XHIBIT 2- PAGE (? OF ~ (". ~ .<<: ;~, .;.~....: ~ ".; 4' ", -i, ',:," Exhibit A Description of Annexation Area (Note: The legal description is subject to amendment by action of the King County Boundary Review Board) City of Federal Way East Proposed Annexation Area Legal Description 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, WillameUe 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 t~ 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 halt ot 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-ot-way margin of South 288th Street; Thence in a westerly direction along said north margin to an intersection with the .,.,~,.fit ".....~ ;'l,f f. t ..~j :''-' ~~'i. . . .,.. ". 14 EXHIBIT Z- PAGE /'( OF ~ C:. '.._ .". "....,,_. .r~ ~'j .~ ~"..,~ ) ~. ,. , 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 qn intersection with the south right-of-way margin of South 304lh Street; 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 51st 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 51 st Avenue South to an intersection with the southeasterly right-of-way margin of South 321st 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 1 (1 :~ .~~\ 15 EXHIBIT 2- PAGE /5 OF $C, ._~.. ~ -W:'__ ....;,.. ~ ~L~~ni ! ~~~_.~: _I~ ," ~. 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; 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 ,~~.._.... _ . i } d ! f' 't ~.: <~:~{ :t !-1 ~:1 ~~~ .:~~ "ou) 16 EXHIBIT z PAGE I~ OF 5G 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 and northeasterly margin pf 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 in a 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 the 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; .~} r~~ ""=1 ,~:.\. . "''';'' 'J 17 EXHIBIT 2- PAGE l:r OF S~ ~ ~:::.~. :~, ~.,~~ }'. 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; 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 northerly direction along said City Limits to the point of beginning. :'~f~l ~~ t~.. ~~ . "",", ... 18 EXHIBIT 2- PAGE ID OF S0 . ....~ .~,,_.. _'. :~ ~:ct ~ i~ ~i ~, ~,: .~ Exhibit B Development Permit Processing in the Annexation Area from and after the date of Annexation Pursuant to the INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND KING COUNTY, RELATING TO THE ANNEXATION OF THE FEDERAL WAY POTENTIAL ANNEXATION AREA dated 2007 (the "Agreement"). 1. Pre-annexation Building Permit Applications Filed with King County. 1.1 Except as otherwise specified herein, the County shall continue to review on behalf of the City all vested building permit applications filed with the County before the effective date of annexation that involve property within the Annexation Area. Review by the County shall occur in accordance with the regulations under which the applications are vested or to which they are otherwise subject. Any decisions regarding whether or when an application vested shall be made by the City. 1.2 Asdefined herein, building permits include but are not limited to building permits, mechanical permits and fire systems/fire sprinkler permits. 1.3 County review of building permits pursuant to this Exhibit shall include decisions to approve, condition or deny applications; follow-up inspections; issuance of extensions or completion of extensions; and issuance of ancillary permits, such as fire and mechanical permits that are essential for completion of each original project permit. The County agrees to consult with the City prior to rendering any administratively appealable building-related permit decision. i 1.4 The City shall have sole discretion and responsibility on the assessment of required performance and the enforcement or release of financial guarantees required of an applicant to secure compliance with permit or development-related requirements. Notwithstanding the foregoing, upon special written request by the City, the County may agree to assist the City in determining whether to enforce or release particular financial guarantees. Such assistance from the County shall not include the initiation or undertaking of legal actions. 1.5 The County shall review and render decisions on requests for changes to approved building-related plans up to the time that either a certificate of occupancy is issued or final construction approval has been issued for the project, whichever is earlier. Following issuance of a certificate of occupancy or final construction approval, requests for changes to the approved set of plans shall be referred to the City. The City intends to process such requests as new permit applications. . ~ i tot i t~':i ;,~ , . '. 19 ~XHIBIT z. PAGE 11 OF 5~ :~ r"i :::. ~~~, .' . 2. Pre-annexation Land Use Permit Applications Filed with King County. 2.1 Except as otherwise specified herein, the County shall continue to review on behalf of the City all vested land use permit applications filed with the County before the effective date of annexation that involve property within the Annexation Area. Review by the County shall occur in accordance with the regulations under which the applications are vested or to which they are otherwise subject. Any decisions regarding whether or when an application is vested shall be made by the City. 2.2 As defined herein, land use permits include but are not limited to conditional use permits, site plan approvals, rezones, reasonable use permits, special use permits, variances, SEP A reviews, shoreline permi ts and exemptions, short subdivisions, formal subdivisions (preliminary plats and final plats), boundary line adjustments, lot line elimination, binding site plans, plat alterations and amendments, right"'-of-way permits, clearing and grading permits, and other land use and engineering permits and approvals. 2.3 For those vested land use applications that do not require a public hearing prior to issuance, the County shall render a decision to approve, condition or deny applications; conduct follow-up inspections; and issue extensions or completion of extensions. -. 2.4 For those vested land use applications that require quasi-judicial or legislative approval or that involv~ administrative appeals, the County shall prepare a report and recommendation to the City's designated decision-maker for a final" decision. Except as provided in Section 5, the City's decision-maker shall not be a County employee. The City shall be responsible for scheduling, providing notice, conducting any public hearings or appeals and making any final decision on such applications. County staff shall attend the public hearing to testify with respect to analysis set forth in the County's report and recommendation. 2.5 For those subdivisions and short subdivisions that have been granted preliminary approval prior to incorporation or annexation or under Section 2.4, the County shall continue its review through engineering plan approval, final plat or short plat approval, construction inspection approval and maintenance/defect approval phases. For each of these post-preliminary review phases, the County shall prepare a recommendation for the City's designated decisionmaker. All final decisions on any of the post-preliminary review phases shall be rendered by the City. At the request of the City, County staff shall appear before the City Council to discuss analysis set forth in the County's final plat approval recommendation. 2.6 The City shall have sole discretion and responsibility on the assessment of required performance and the enforcement or release of financial guarantees required of the applicant to secure compliance with permit or development-related requirements. Notwithstanding the foregoing, upon special written request by the City, the County may agree to assist the City in determining whether to enforce or release particular financial guarantees. Such assistance from the County shall not include the initiation or undertaking of legal actions. _ .. e ' .. ".......:,.....~" ~ "..,J i ....:' -;- ~ L,;, ., ~- t>' . <1() ... '.~ . . 20 ~XHIBIT Z- ~AGE 20 OF 7~ 3. Permit Renewal or Extension. The City shall have ultimate authority to determine whether or not to renew a building permit or to renew or extend a land use perinit under review or issued by the County in the Annexation Area. 4. Optional Exclusion of Particular Applications. The City or County may at any time exclude from the provisions of this Exhibit any particular permit(s) or application(s) upon providing to the County or City fifteen days advance written notice. If the City provides written objection to the County's exclusion within ten days thereafter, the County shall continue processing of the application. Upon excluding any permit or application from review under this Exhibit, the County shall transmit the file to the City and the City shall assume responsibility for all further processing of such permit(s) or application(s). 5. Optional Hearing Examiner Review. Notwithstanding any other provision in this Exhibit, upon written request by the City, the County may agree to have the King County Hearing Examiner conduct public hearings or appeals on behalf of the City for particular land use or building permit applications. Decisions regarding whether to utilize the County Hearing Examiner for appeal or hearing recommendations or decisions shall be made by the City and County on a case by case basis. 6. SEPA Compliance. 6.1. In order to satisfy the procedural requirements of the State Environmental Policy Act ("SEP A"), the County shall serve as lead agency for all applications processed by the County pursuant to this Exhibit. 6.2 Except as provided in Section 5 hereof, appeals from SEP A threshold determinations and other SEP A matters relating to projects within the City shall be heard by the City. 7. Permit Condition and Code Enforcement. 7.1. Enforcement of Code Requirements. Within sixty days following the date the annexation becomes effective, the County shall provide the City with a list and brief explanation of all Annexation Area code enforcement cases under review by the County at the time of annexation and shall provide file documents to the City upon request. 7.2 The City shall be responsible for undertaking any code enforcement actions following the date of annexation. 8. Fees and Reimbursement. 8.1 In order to cover the costs of processing building and land use permit applications and performing SEP A review in accordance with the terms of this Exhibit, the County is authorized to collect and retain such application and other fees authorized by the County fee ordinances, which shall be adopted by the City and as may be modified at some future date by the County and the City. :1 0._. , .._ ..~..," j;~.; . 21 EXHIBIT z PAGE 2-/ OF S-~ :"2r'!.~,'. ~.~ .f....... f \0"'.-;'1 1. .. . ., .'~ ""..~',.:" ~ f;'. 8.2 For all applications upon which the County has initiated review and that are subsequently excluded from County processing or transferred to the City pursu~nt to the terms of this Exhibit, the County will retain the base permit fee and a percentage of fees equivalent to the percentage of permit processing and administration performed by the County on the application. Any remaining application fee amounts received by the County prior to exclusion or transfer shall be promptly forwarded to the City. 9. Duration. This Exhibit shall take effect upon the effective date of the annexation of the Annexation Area and shall continue in effect for a period of five years thereafter, unless otherwise terminated or extended. Either party may terminate this Exhibit upon providing at least one hundred and twenty days (120) days written notice to the other party. The Exhibit may be extended as provided in Section 11. 10. Termination Procedures. Upon termination of this Exhibit, the County shall cease further processing, enforcement, and related review functions with respect to applications it is processing under this Exhibit. The County shall thereupon transfer to the City those application files and records, posted financial guarantee instruments, and unexpended portions of filing fees for pending land use and building-related applications within the Annexation area. Upon transfer, the City shall be responsible for notifying affected applicants that it has assumed all further processing responsibility. - - . II. Extension. Pursuant to a mutual agreement between the parties, this Exhibit may be extended for five additional years or for a lesser agreed upon period. In order to extend the otherwise applicable termination date of this Exhibit, the City shall make a written request to the County not less than sixty (60) days prior to the otherwise applicable termination date. Ifthe parties have not agreed to the extension in writing by the termination date, the Exhibit terminates. _ 12. Indemnification. 12.1 The County shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Exhibit. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense, provided that the City retains the right to participate in said suit if any principal of governmental authority is involved, and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 12.2 The City shall indemnify and hold harmless the County and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the City, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Exhibit. In the event that any suit based ..~ r""; ...~ 'If.... '~U .....-ro ~ . ._.,. ~__' t ._..... ... ..' . 22 EXHIBIT 2- PAGE zz-OF 5re .ft f:4 \ ~>,;: ,. > ~ .. ~.... . ~ 1" " ,_ ,- 0';,".' ;~.. ""'='"-___....... -.... upon such a claim, acti.on, loss, or damage is brought against the county, the City shall defend the same at its sole cost and expense, provided that the County retains the right to participate in said suit if any principal of governmental authority is involved; and if final judgment be rendered against the County and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees or any of them, the City shall satisfy the same. 12.3 The City and the County acknowledge and agree that ifsuch claims, actions, suits, liability, loss, costs, expenses and damages are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this section shall be valid and enforceable only to the extent of the negligence of.each party, its agents, employees and/or officers. 13. Personnel. Control of personnel assigned by the County to process applications under this Exhibit shall remain with the County. Standards of performance, discipline and all other aspects of performance shall be governed by the County. 14. Administration. This Agreement shall be administered by the Director of the King County Development and Environmental Services or hislher designee, and the City Manager, or his/her designee. 15. Legal Representation. The services to be provided by the County pursuant to this agreement do not include legal services, which shall be provided by the City at its own expense. 16. Defined Terms. Terms used in this Exhibit not otherwise defined shaH have the meaning as set forth in the body of the Agreement. . ~~.. ~ t;i ~ t~.~ ~~. :" .;" 23 EXHIBIT Z PAGE 2..3 OF ? ~ ~~t t1 :J ~: ~:; Exhibit C Property Description General Description and Names of County Parks Transferring to the City of Federal Way Name of park Amenities/facilities Bingamon Pond Natural Area 16.72 acres open space with internal trail Camelot Park 18.08 acres undeveloped open space Five Mile Lake Park 31.94 acres developed with ball fields, swimming beach and related facilities, fishing pier, parking lot, picnic area, 'play equipment area, tennis courts, internal trails Lake Geneva Park 18.64 acres developed with boat launch, play field, parking lot, picnic areas, play equipment area, restroom, soccer fields South County Ballfields/ Athletic Co"mplex 24.60 acres developed with 5 baseball fields, parking lots, picnic shelter Greenbelt properties Seven parcels '~... ~ ~r~3 i ~~~t j:~:~ ~:' ..{ :)Ct .. '"..... :~n.::\~.) 24 EXHIBIT PAGE z.vOF S~ z Exhibit 0 Intergovernmental Land Transfer Agreement Between King County and the City of Federal Way Relating to the Ownership, Operation and Maintenance of Parks, Open Space, Recreation Facilities and Programs This Agreement is made and entered into this day by and between the City of Federal Way, hereinafter called "City", and King County, hereinafter called "County". WHEREAS the City desires to own, operate, and maintain parks, open space, recreation facilities and programs and other municipal programs, facilities and property inside its boundaries; and WHEREAS the County, under the authority ofRCW 36.89.050, King County Resolution 34571 and other federal, state and county laws, has acquired and developed a substantial park, recreation and open space system that depends on the continued operation of its many individual properties and facilities in order to fully serve the needs of the residents of King County and the cities within it; and WHEREAS the County desires to divest itself of Qwnership, management, and financial responsibility for local parks, open space, recreational facilities and programs in the City's Potential Annexation Area, specifically, Bingamon Pond Natural Area, Camelot Park, Five Mile Lake Park, Lake Geneva Park, and South County Ballfield/Athletic Complex (collectively, the "Local Park Properties" as further described in Exhibit B-1 through B-5); and WHEREAS, the County also owns certain undeveloped properties within the City's Potential Annexation Area which were acquired to be preserved as greenbelts, as further described in Exhibit B-6 (collectively, the "Greenbelt Properties"); and WHEREAS "the County is legally restricted from converting many of these parks, open space, and recreational facilities from their current uses without expending funds to replace the converted facilities; and WHEREAS given the legal restriction regarding conversion of the Local Park Properties and Greenbelt Properties (collectively, the "Park Properties"), the marketability of the properties is limited and, as a result, the cost of operating the Park Properties is approximately equal to the value of the Park Properties to the County; and WHEREAS to the extent the City provides scholarships, reduced fees or other means of assuring access to parks and recreational programming for City residents, the City has a goal of ensuring that such scholarships or other needs-based rates and programs are available to all persons desiring to use the park and recreational programs "regardless of residency; and 1~~ '~~ ~.,..? =l.:;.~,.. ,/ 25 EXHIBIT 2- PAGE 2-~ OF ~ ~ ~ ~ ~~~~ .~ r~lfj ;.<: :,~. . WHEREAS it is in the best interest of the public that the City and the County take those actions necessary to meet those desires and to cooperate in any transition to insure a smooth transition and avoid service disruption in the transfer of the Park Properties; NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and the County agree as follows: 1. Conveyance of Title 1.1 Upon the effective date of the annexation by the City of the area in which the Park Properties are located, King County shall convey to the City by bargain and sale deed all its ownership interest, and/or, when possible, by assignment, any leasehold interest or shared use responsibility, in the following listed park/recreation site(s), which are described more fully in B-1 through B-5 (the "Local Park Properties"): Names of County Local Parks Transferring to the City of Federal Way lex (Exhibit B-5) 1.2 Upon the effective date of the annexation by the City of the area in which the Park Properties are located, King County shall convey to the City by quitclaim deed in substantially the form in Exhibit C, attached hereto and incorporated herein by reference, to the City, and the City shall accept, the Greenbelt Properties identified in Exhibit B-6 attached hereto and incorporated herein by reference, and which conveyance and acceptance shall be subject to all rights, conditions, covenants, obligations, limitations and reservations of record for such property interests. The.Cityagrees to abide by and enforce all rights, conditions, covenants, obligations, limitations and reservations for the Greenbelt Properties. 1.3.All deeds for transfer of the Local Park Properties shall contain the following specific covenants pertaining to use, which covenants shall run with the land for the benefit of the County and the County land that makes up its public park, recreation and open space system. The County and the City agree that the County shall have standing to enforce all of these covenants, which shall be set forth as follows: "The City, as required by RCW 36.89.050, covenants that the Property shall be continued to be used for open space, park, or recreation facility purposes or that . . .. ~ :i. (:~ ~ ~~:~ J.', ~ ~i '~:~ (1. ...... ._.__~. ::'~ ~:\ :;:. . ~,::.' : .... f ~ 26 EXHIBIT 2- PAGE Z4 OF S-'- other equivalent facilities within. the County shall be conveyed to the County in exchange therefore." "The City covenants that it shall place the covenants herein in any deed transferring the Property or a portion of the Property for public park, recreation or open space uses." IA The deeds for the Camelot Park, Five Mile Lake Park and Lake Geneva Park shall also contain the following specific covenants pertaining to use, which covenants shall run with the land for the benefit of the County and the County land that makes up its public park, recreation and open space system. The County and the City agree that the County shall have standing to enforce these covenants, which shall be set forth as follows: "The City covenants that it shall abide by and enforce all terms, conditions arid re.strictions in King County Resolution 34571, including that the City covenants that the Property will continue to be used for the purposes contemplated by Resolution 34571, that the Property shall not be transferred or conveyed except by agreement providing that such lands snail continue to be used for the purposes contemplated by Resolution 34571, and that the Property shall not be converted to a different use unless other equivalent lands and facilities within the County or City shall be received in exchange therefore." "The City covenants that it shall not use the Property in a manner that would cause the interest on County bonds related to the Property to no longer be exempt from federal income taxation." 1.5 The deeds for the Bingamon Pond Natural Area shall also contain the following specific covenants pertaining to use, which covenants shall run with the land for the benefit of the County and the County land that makes up its public park, recreation and open space system. The County and the City agree that the County shall have standing to enforce these covenants, which shall be set forth as follows: "The City acknowledges that the Property was purchased for open space purposes with funds from Open Space Bonds authorized in 1989 by King County Ordinance 9071 and covenants that it shall abide by and enforce all terms, conditions and restrictions in Ordinance 9071, including that the City covenants that the Property will continue to be used for the purposes contemplated by Ordinance 9071, which prohibits both active recreation and motorized recreation such as off-road recreational vehicles but allows passive recreation, that the Property shall not be transferred or conveyed except by agreement providing that the Property shall continue to be used for the purposes contemplated by Ordinance 9071, and that the Property shall not be converted to a different use unless other equivalent lands and facilities within the County or the City shall be received in exchange therefore." r t C.i t 1-.Ai .. C' ; . _._.". ..." . . .._.. . " no..J ~ 1, i., ~ ..._".~ ""i !'I<o . .n 1 ..{~< ,., ,..,....' ",., ." ~ ;q. ........,.. ~.;' .... . 27 EXHIBIT :z. PAGE 2?- OF ~ r;, "The City covenants that i.t shall not use the Property in a manner that would cause the interest on County bonds related to the Property to no longer be exempt from federal income taxation." "The City further covenants that it will not limit or restrict access to and use of the Property by non-city residents in any way that does not also apply to city residents. The City covenants that any and all user fees charged for the Property, including charges imposed by any lessees, concessionaires, service providers, and/or other assignees shall be at the same rate for non-City residents as for the residents of the City." 1.6 The deeds for the Camelot Park, Five Mile Lake Park, South County BaUfields/ Athletic Complex and Lake Geneva Park shall also contain the following specific covenants pertaining to use, which covenants shall run with the land for the benefit of the County and the County land that makes up its public park, recreation and open space system. The County and the City agree that the County shall have standing to enforce these covenants, which shall be set forth as follows: "The City further covenants that it will not limit or restrict access to and use of the Property by non-city residents in any way that does not also apply to city residents. The City covenants that if differential fees for non-city residents are imposed, they will be reasonably related to the cost borne by city taxpayers to maintain, improve or operate the Property for parks and recreation purposes. 1.7 The deeds for the Greenbelt Properties shall contain the restrictions intended to preserve the use of said properties as greenbelts restricted to use as open space and passive recreation, as were placed on the properties at the time of their conveyance to King County, all as more specifically described in said deeds. The City covenants that it shall place said restrictions in any deed conveying any or a portion of the Greenbelt Properties. 1.8 The Local Park Properties being conveyed include the personal property, equipment and supplies listed on Exhibit A-I.. The County will leave such existing property, equipment and supplies on site. The City takes such property, equipment and supplies AS IS and WHERE IS and agrees that the County holds no future responsibility with regard to the equipment and supplies or any occurrence related to or resulting from use of the equipment and supplies. 2. Existing Restrictions, Agreements, Contracts or Permits 2.1 The City shall abide by and enforce all terms, conditions, reservations, restrictions and covenants of title at the time of conveyance and/or in the deed of conveyance. .~.~ i t.~d '~r,; ,', . ., .~.. r. j. ......;j '.~ I ,; 1-:" '.1 >:1n '..e~ -....7;' 28 EXHIBIT Z PAGE Z8" .OF.. ~, 2.2 The City has reviewed Project Agreement for Project No. 80-053A between King County and the Washington State Interagency Committee for Outdoor Recreation ("lAC") (Recording number 198208190451), for funding for the acquisition of Lake Geneva Park, and agrees that it shall execute an amendment to the Project Agreement that substitutes the City for the County as the "Contracting Party" in the Project Agreement so that the City shall become the "Project Sponsor." The City shall execute this amendment within fifteen (IS) days of execution of said amendment from lAC. 3. Condition of Premises and Responsibility for Operations, Maintenance, Repairs, Improvements, and Recreation Services 3.1 The City has inspected and knows the condition of the Park Properties and a2rees to accept the Park Properties in AS IS condition. and to assume full and complete responsibility for all operations. maintenance. repairs. improvements of, and provision of recreational services at, the Park Properties. 3.2 Kin2 County does not make and specifically disclaims any warranties, express or implied. includin2 any warranty of merchantability or fitness for a particular purpose, with respect to the Park Properties. and no official. employee, representative or a2entof Kin2 County is authorized otherwise. 3.3 The City acknowled2es and a2rees that except as indicated in para2raph 4.2. the County shall have no liability for. and that the City shall release and have no recourse a2ainst the County for, any defect or deficiency of any kind whatsoever in the Park Properties without re2ard to whether such defect or deficiency was known or discoverable by the City or the County. 4. Environmental Liability 4.1 "Hazardous Materials" as used herein shall mean any hazardous. dan2erous or toxic wastes, materials. or substances as defined in state or federa'l statutes or re2ulations as currently adopted or hereafter amended. 4.2 Nothin2 in this a2reement shall be deemed to waive any statutory claim for contribution that the City mi2ht have a2ainst the County under federal or state environmental statutes that arises from hazardous materials deposited or released on the Park Properties by the County durin2 the County's period of ownership. The City may not. however, assert such a claim to the extent that the City creates the need for or exacerbates the cost of remediation upon which a statutory claim for contribution is based as a result of the City performin2 construction activities on the Park Properties. chan2in2 the confi2uration of the Park Properties. or chan2in2 the use of the Park Properties. ,~.. ,~. j', ,t:1 , t,.i ~~<.,:' .r 29 EXHIBIT 2- PAGE Z1 OF 5~ 1n :~;-;. (; 4.3 If the City discovers the presence of hazardous materials at levels that could give rise to a statutory claim for contribution against the County it shall immediately notify the County in writing. Such notice shall in no event be provided more than 10 days after discovery. The parties shall make their best efforts to. reach agreement as to which party is responsible for remediation under the terms of this Agreement prior to undertaking any remediation. 4.4 In no event shall the County be responsible for any costs of remediation that exceed the minimum necessary to satisfy the state or federal agency with jurisdiction over the remediation. 5. Indemnification and Hold Harmless 5.1 King County shall indemnify and hold harmless the City and its elected officials, officers, agents or employees, or any of them, from and against.any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i) which are caused by or result from a negligent action or omission of King County, its officers, agents and employees in performing its obligations pursuant to this Agreement, and/or (ii) arising from those occurrences related to the Park Properties that occurred prior to the effective date of conveyance of the Park Properties to the City, except to the extent that indemnifying or holding the City harmless would be limited by Section 4 of this Agreement. In the event that any suit based upon such a claim, action, loss or damage is brought against the City or the City and King County, King County shall defend the same at its sole cost and expense and, if final judgment be rendered against the City and its elected officials, officers, agents and employees or jointly against the City and King County and their respective elected officials, officers, agents and employees, King County shall satisfy the same. 5.2 In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, rules or regulations. If any cause., claim, suit, action or administrative 'proceeding is commenced in which the enforceability and/or validity of any such City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County or both, the City shall satisfy the same, including all chargeable costs and attorney's fees. 5.3 The City shall indemnify and hold harmless King County and its elected officials, officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i) which are caused by or result from a negligent act or omission of the City, its officers, agents and employees in performing obligations pursuant to this Agreement, and/or (ii) arising from those ,",,"', "7) . ~ ~ .1 .....'1 ", 30 EXHIBIT Z PAGE 30 OF 5" C; ;. J'~:~~':j f ':~:, ..'.~ .,r oGcurrences related to the Park Properties that occurred on or after the effective date of conveyance of the Park PropertiesJo the City, except to the extent that indemnifying or holding the County harmless would be limited by Section 4 of this Agreement. In the event that any .suit based upon such a claim, action, loss or damage is brought against King County or King County and the City, the City shall defend the same at its sole cost and expense and, if final judgment be rendered against King County and its officers, agents and employees or jointly against King County and the City and their respective officers, agents and employees, the City shall satisfy the same. 5.4 Each party to this Agreement shall immediately notify the other of any and all claims, actions, losses or damages that arise or are brought against that Party relating to or pertaining to the Park Properties. . 5.5 Each party agrees that its obligations under this Section 5 extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or. agents. For this purpose, each party, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify the other party. 6~ Audits and Inspections 6.1 Until December 31, 2013, any of either party's records related to any matters covered by this Agreement not otherwise privileged shall be subject to inspection, review, and/or audit by either party at the requesting party's sole expense. Such records shall be made available for inspection during regular business hours within a reasonable time of the request. 7. Waiver and Amendments 7.1 Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term or condition shall be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 8. Entire Agreement and Modifications 8.1 The parties to this Intergovernmental Agreement acknowledge that it is a negotiated agreement and that, together with its Exhibits and that certain Agreement dated _ between the parties entitled INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND KING COUNTY, RELATING TO THE ANNEXATION OF THE FEDERAL WAY POTENTIAL ANNEXATION AREA, ("Annexation Agreement") sets forth the entire agreement between the parties with respect to the subject matter hereof. There are no understandings or agreements between the parties respecting the ~'~!-r~ "),..,': ..." 31 EXHIBIT 2 PAGE >1 OF 7 G; ~~?r.,",,,~_,~, j. ~ ~..:~ ~ ~.,~.:~:! ~; ...:....:: ' subject matter hereof, written or oral, other than as set forth herein and in the Annexation Agreement. 9. Duration and Authority 9.1 This agreement shall be effective upon signature and authorization by both parties. The terms, covenants, representations and warranties contained herein shall not merge in the deed of conveyance, but 'shall survive the conveyance and shall continue in force unless both parties mutually consent in writing to termination. 10. Notice 10.1 Any notice provided for herein shall be sent to the respective parties at: King County: City: Kevin Brown Manager, Parks and Recreation Division,DNRP Suite 700, King Street Center 201 S. Jackson Street Seattle, W A 98104 Neal Beets City Manager City of Federal Way 33325 8th Avenue South Federal Way, W A 98003-6210 IN WITNESS WHEREOF, the parties have executed this Agreement. King County City of Federal Way King County Executive City Manager Date Date Approved as to Form: Approved as to Form: King County Senior Deputy Prosecuting Attorney City Attorney ..,..t;' .p:~ ..q; ~:,:''': 32 EXHIBIT 2- PAGE '2 z- OF ~? :~ i~:i '~ rl ..i ' . Date .~ .' ~ :~.:..f ~ r': 'I i'; :,: ,: '. " . ...~.. .. t .' ....., ~ "~o <: ~. ~.,..... f~'.... Date 33 EXHIBIT 2- PAGE 33 OF 5(, STATE OF WASHINGTON) ) SS COUNTY OF KING ) On this day of ,200_, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared, to me known to be the individual described in and who executed the forgoing instrument, and acknowledged to me that signed and sealed the said instrument as free and voluntary act and deed for the uses and purposed therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State of Washington, residing at City and State .My appointment expires STATE OF WASHINGTON) ) SS COUNTY OF KING ) On this day of , 200_, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared, to me known to be the individual described in and who executed the forgoing instrument, and acknowledged to me that signed and sealed the said instrument as free and voluntary act and deed for the uses and purposed therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State of Washington, residing at City and State My appointment expires .~..: i''\ ,', . .:,'" " 34 EXHIBIT 2- PAGE 5~ OF <;(, .~, #~'~:j 1 f .; -to EXHIBIT A King County Local Parks and Greenbelt Properties Transferring to . the City of Federal Way (Collectively, the "Park Properties") Name of park Amenities/facilities Lake Geneva Park 16.72 acres open s ace with internal trail 18.08 acres undevelo ed open s ace 31.94 acres developed with ball fields, swimming beach and related facilities, fishing pier, parking lot, picnic area, play equipment area, tennis courts, internal trails 18.64 acres developed with boat launch, play field, parking lot, picnic areas, play equipment area, restroom, soccer fields 24.60 acres developed with 5 baseball- fields, parking lots, picnic shelter Seven arcels Bingamon Pond Natural Area . Camelot Park Five Mile Lake Park South County Ballfields/ Athletic Complex Greenbelt Pro erties ':1 n . :.1 ;~.:. . 35 EXHIBIT 2- PAGE >5 OF 5" c;;, _ ~ __;_....., ,,~....,~_~...__~ ob 'j j~::~! ~ i:'.j ,~ Exhibit A-I Personal Property, Equipment and Supplies to be Transferred with Local Parks Properties Five Mile Park Garbage cans - 25 Picnic tables - 25 Float line - I Bleachers - 2, aluminum standard size Irrigation controller - I Lake Geneva Park Garbage cans - 6 Bleachers - 2, aluminum standard size Soccer goals - 4, steel with nylons nets Irrigation controller - 1 South County Ballfields/Athletic Complex Garbage cans - 10 Bleachers - 10, aluminum standard size Irrigation controllers - 2 Additional Equipment: Chalk liners - I . Whiting - approximately 10 bags, 50 pounds per bag Paint liners - I Paint - approximately 5 cases of 12 cans to a case Safety slider bases - 15 Quick couplers - 6 Ballfield Rakes - 2 Infield drag - I Flex hatTow - I Pitching rubbers - 7 Home plates - 6 , ;; h.~ ~ 8 -~ ... : . 36 EXHIBIT Z PAGE "3 , OF ~c ~"..; .,11, .. ~! . EXHIBIT B Legal Descriptions Exhibit B-1 BINGAMON POND NATURAL AREA PARCEL A - TAX PARCEL NO. 342204-9059 The West half of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 34, Township 22 North, Range 4 East, W.M., in King County, Washington: EXCEPT the West 115 feet of the North 15 feet thereof; TOGETHER WITH an'easement for ingress and egress over the North 15 feet of the West 115 feet of the West half of the Southeast quarter of the Northeast quarter of the Southwest quarter of said Section AND OVER the West 15 feet of the Northeast quarter of the Northeast quarter of the Southwest quarter of said Section. SUBJECT TO: Easement dated December I, 1961, and recorded under King County Auditor's File No. 5359482; Easement dated July 2, 1955, and recorded under King County Auditor's File No. 4624497, and Easement recorded under King County Recording No. 7701260409. PARCEL B - TAX PARCEL NO. 342204-9283 The Northeast quarter of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 34, Township 22 North, Range 4 East, W.M., in King County, Washington. SUBJECT TO: I) Non-Protest Agreement in which the owner agrees, in receiving a permit for temporary sewer service, not to protest the construction of a permanent sewer that will regularly serve the premises or the assessment that will be levied against the premises for its construction. In favor of: Federal Way Water and Sewer District, dated October 27, 1992, recorded November 5, 1992, under King County Recording No. 9211051972; 2) Any restrictions of the use of the land resulting from the rights of the public or riparian owners to use any waters which may cover or may formerly have covered the land; 3) Covenants, conditions, restrictions and other matters imposed by instrument recorded December 27, 1910, under King County Auditor's File No. 723048; 4) Agreement between Federal Way Water and Sewer District and Rule Investment Group, dated July 31, 1990, recorded August 8, 1990, under King County Recording No. 9008081581 (An Amendment to said Agreement was recorded under King County Recording No. 9112300711; and 5) Sensitive Area Notice recorded April 17, 1992, under King County Recording No. 9204170363. PARCEL C - TAX PARCEL NO. 342204.;,9284 The Southwest quarter of the Northeast quarter of the Southwest quarter of Section 34, Township 22 North, Range 4 East, W.M., in King County, Washington; EXCEPT the West 360 feet of the North 242 feet; AND EXCEPT the North 147 feet; AND EXCEPT the South 50 feet of the North 197 feet of the East 210 feet; AND EXCEPT County Road. (ALSO KNOWN AS a portion of Lot 4, King County Short Plat No. 677108, recorded under King County Recording No. 7809200909.) , SUBJECT TO: 1) Right to enter premises to make repairs and the right to cut brush and trees which constitute a menace or danger to the electric transmission line located in the street or road adjoining the premises granted to Puget Sound Power & Light Company, recorded March 15, 1946, under King County Auditor's File No. 3549390; 2) Easement and the terms and conditions thereof for purposes of ingress and egress affecting the North 60 feet of the West 180 feet of the North 242 feet of the SW ~ of the NE '/4 of the SW '/4 of Section 34, Township 22 North, Range :~(.r~} =1. ~.: .> .-,..,.. 37 EXHIBIT 2- PAGE ) r OF >c, _ i I ~.:]! t....>~;. 4 East, W.M., in King County, Washington, recorded July 18, 1955, under King County Auditor's File No. 4595444; 3) Covenants, conditions, restrictions, easements, dedications, notes and recitals, and the terms and conditions thereof contained on Short PLat recorded September 20, 1978, under King County Recording No. 7809200909; 4) Easement and the terms and conditions thereof granted to King County for drainage purposes affecting the East 15 feet of the West 435 feet of said premises and other property, dated June 19, 1995, under King County Recording No. 9506190910. PARCEL D - TAX PARCEL NO. 796760-0050 The South haLf of the Southeast quarter of the Northwest quarter of the Southwest quarter of Section 34, Township 22 North, Range 4 East, W.M., in King County, Washington; EXCEPT 30 feet on the South and East side and 10 feet on the West side thereof for road purposes. (ALSO KNOWN AS Tract 5, Star Lake Five-Acre Tracts, Unrecorded.) PARCEL E - PORTION OF TAX PARCEL 342204-9151 An easement for conservation purposes as set forth in instrument recorded under Recording Number 96050609245 affecting the West 115 feet of the South 190 feet of the North 410 feet of the West half of the Southeast quarter of the Northeast quarter of the Southwest quarter of Section 34, Township 22 North, Range 4 East, W.M., in King County, Washington. '~1 f~~. ,,:.-:' ::~.... 38 EXHIBIT PAGE 30 OF 5c :2- 1 ~~~~ 'l r '\ ..:. . Exhibit B-2 CAMELOT PARK (TAX PARCEL NO. 032104-9003) PARCEL A The Southwest quarter of the Northeast quarter of Section 3, Township 21 North, Range 4 East, W.M., King County, Washington, LESS portion platted Camelot Division C, Camelot Division E, Camelot Division G, Camelot Division J, and Camelot Division N. AND The East one-half of the Southeast quarter of the Northwest quarter of Section 3, Township 21 North, Range 4 East, W.M., King County, Washington, LESS the North 330 feet, LESS that portion lying southerly of a road deeded to King County by deed recorded under King County Recording No. 6541264, LESS portion platted Camelot Division C, Camelot Division F, Camelot Division G, Camelot Division M, and Camelot Division N,CP #422. PARCELB That portion of the following described parcel lying Northerly of a road deeded to King County by deed recorded under King County Recording No. 6541264: The West one-half of the Southeast quarter of the Northwest quarter of Section 3, Township 21 North, Range 4 East, W.M., King County, Washington, LESS portion platted Camelot Division A, Camelot Division B, Camelot Division F, and Camelot Division G, LESS any roads in said Section 3. ".f" ~ "~t ~ ....~.;. 39 EXHIBIT PAGE 31 2- OF !?? _ ". } t,:.:,j" ...~, ":;.. ......t l"'. ~~~~ r ~.' Exhibit B-3 FIVE MILE LAKE PARK (TAX PARCEL NO. 375060~0033) All of Block 7; together with all of Block 8; together with all of Block 9 less Lot 28; together with all of Block 10; together with all of Block 11; together with all of Block 12 less Lot I; together with Lots 1,2,3, and Lots 9,10 and 11, Block 13; together with Lot~ I through 7, Block 22; together with Lots 1 through 11, and Lots 13 through 21, Block 23; together with Lots 1 through 6, and the North 82 feet of Lot 7, Block 24; together with all of Block 130, Jovita Addition, as per plat recorded in Volume 19 of Plats, page 14, records of King County, Washington; together with shore lands adjoining, LESS road. ..~ ~. t .;k:'~ ~ i~^i:)' I, ;' ':~: 40 EXHIBIT 2- PAGE l.f() OF 5" ~ :1(': ;- r .... 'I' Exhibit B-4 LAKE GENEVA PARK PARCEL A - TAX PARCEL NO. 606460-0020 The North half of the NQrthwest quarter of the Southeast quarter of Section 22, Township 21 North, Range 4 East, W.M., in King County, Washington; EXCEPT the South 55 feet; and EXCEPT the East 30 feet for road; and EXCEPT portion thereof lying within Lake Geneva's Lakeshore Estates, according to the plat recorded in Volume 69 of Plats, page 49, in King County, Washington. (ALSO KNOWN AS Tracts 1,2 and 3, and the North 110 feet of Tract 4 of A.B.,Newell's Lake Geneva Tracts, an unrecorded plat.) PARCEL B - TAX PARCEL NO. 506640-0521 That portion of Maltby's Lake Geneva Five~Acre Tracts, according to the plat recorded in Volume 14 of Plats, page 73, in King County, Washington, described as follows: The South 100 feet of Tract 26, as measured along the East line thereof; AND Tract 27, except the North 10 feet for road. SUBJECT TO: Easement dated March 24, 1989 and recorded under King County Auditor's File No. 890410030. ALSO, Portion of Tract 28,29 and 30, Maltby's Lake Geneva Five-Acre Tracts, according to the plat recorded in Volume 14 of Plats, page 73, in King County, Washington, described as follows: Beginning at the S.W. comer of said Lot 28; thence North 0005'43" East 246.35 feet on the West boundary of said tract; thence North 89025'22" East 200 feet; thence North 0005 '43" East 163.35 feet; thence North 89025'22" East 548.37 feet to the East boundary of Tract 30; thence South 8008'50" East 32.93 feet along the East boundary of Tract 30; thence South 36051 '29" East 301.66 feet along the East boundary of Tract 30; thence South 89038' 1 0" West 274.39 feet; thence South 0005'43" West 135.00 feet; thence South 89038' 10" West 658.14 feet to the true point of beginning; EXCEPT the South 5.10 feet of said Tracts 28 and 29 for County Road; situate.in the County of King, State of Washington. ;or: .~~ ; !.. r )~:,~ ;:!;' 41 EXHIBIT 2- PAGE Zf I OF ~~ " . ..._n"".; a._~_ _'._M~. ,.:i ~~: i' :',' Exhibit B-5 SOUTH COUNTY BALLFIELDS/ATHLETIC COMPLEX PARCEL A - TAX PARCEL NO. 375160-1903 Lots 7 through 17, Block 48, Jovita Heights, according to the plat thereof recorded in Volume 20 of Plats, page 12, records of King County, Washington. SUBJECT TO: Reservations and exceptions contained in Deed from Northern Pacific Railroad Company, recorded April 12, 1884, under King County Auditor's File No. 4865 (Reserving and excepting from said described premises so much and such parts thereof as are or may be mineral lands or contain coal or iron for the use of the said party of the first part, its successors and assigns). PARCEL B - TAX PARCEL NO. 375160-1930. 375160-2000, 375160-2691. 375160-2697 AND 375160-2735 Lots 1 through 30, Block 49, Lots 1 through 24, Block 50, Lots I and 2, Block 63, Lots 1 through 5 and the North half of Lot 20 and all of Lots 21 through 25, Block 65, all within Jovita Heights, according to the plat thereof recorded in Volume 20 of Plats, page 12, records of King County, Washington; EXCEPT those Easterly portions of Lots 16 through 20 & 22 through 24 of said Block 50, as conveyed to King County (or Military Road by Deeds recorded under Recording No. 5139339 and 5252999. SUBJECT TO: 1) Reservations and exceptions contained in Deed from Northern Pacific Railroad Company, recorded April 12, L884, under King County Auditor's File No. 4865 (Reserving and excepting from said described premises so much and such parts thereof as are or may b~ mineral lands or contain coal or iron for the use of the said party of the first part, its successors and assigns; 2) Easement for the right to make slopes for cuts and fills along the street margin of Lots 16 through 20 and Lots 23 and 24, Block 50, abutting Military Road, as granted by Deed recorded under King County Recording No. 5139339; 3) Easement for the right to make slopes for cuts and fills along the street margin of Lot 22, Block 50, abutting Military Road, as granted by Deed, recorded under King County Recording No. 5252999; 4) Rights of the public in and to that portion of Lot 21, Block 50, lying in Military Road, as disclosed by.official maps on file in the Office of the Assessor in the Finance Division of King County. PARCEL C - TAX PARCEL NOS. 375160-2697. 375160-2747. 375160-2755. 375160-2757. 375160-2759.375160-2765.375160-2771.375160-2773.375160-2775.375160-2779.375160- 2781.375180-2783 The North half of Lot 6, Block 65 and Lots 1 through 10, and 13 through 20, Block 66, Jovita Heights, according to the plat thereof recorded in Volume 20 of Plats, page 12, records of King County, Washington. SUBJECT TO: Reservations and exceptions contained in Deed from Northern Pacific Railroad Company, recorded April 12, 1884, under King County Auditor's File No. 4865 (Reserving and excepting from said described premises so much and such parts thereof as are or may be mineral lands or contain coal or iron for the use of the said party of the first part, its successors and assigns). PARCEL D - TAX PARCEL NO. 375160-2767 AND 375160-2769 ~T~~ ": :. ..~ .;: w ~ .~~~~. ~~ t -.' , .....:,..~ ~'.,.'.;\. . . ..... ....... ~ ,J): ~:. _.'~""""""'_'''....1'' _. .f J. -. 42 EXHIBIT z: PAGE '7z.- OF.5 t; Lots 11 and 12, Block 66, Jovita Heights, according to the plat thereof recorded in Volume 20 of Plats, page 12, records of King County, Washington. SUBJECT TO: I) Reservations and exceptions contained in Deed from Northern Pacific Railroad Company, recorded April 12, ) 884, under King County Auditor's File No. 4865 (Reserving and excepting from said described premises so much and such parts thereof as are or may be mineral lands or contain coal or iron for the use of the said party of the first part, its successors and assigns); 2) Record of Survey, recorded on November 1, 1993, under King County Recording No. 9311019004. ~'?n ~,,~ i'.:1 i;o~' I" f: " 43 ~XHIBIT 2 PAGE Lfp OF 5 ~ "-~':~ l j~I~~" ::'~.,~i .~. T_: " -.-. .......~ & ~ ~\..oc.) ". a (' .," Exhibit B-6 Greenbelt Properties Lot 76, Kingco Estates No.3, as recorded in Volume 116 of Plats, pages 082 and 083, records of King County, Washington. SUBJECT TO: conditions of plat as dedicated to King County by plat recorded under Auditor's File No. 8011260586. (Tax Acc't. 387401-0760) Park and Recreation Area of Lake Dolloff Tracts, as recorded in Volume 039 of Phits, pages 001 and 002, records of King County, Washington SUBJECT TO: conditions of plat as dedicated to King County by plat recorded under Auditor's File No.194210213272189 (Tax Acc't. 401320-0250) Serenidad South (Tax Acc't 032104-9185) That portion of the southwest quarter of the southeast quarter of Section 3, Township 21 N., Range 4 E, W.M. King County, Washington described as follows: Beginning at the south 1,4 corner of said Section 3; thence NOl 036'26"E, along the West line of said SW 1,4 of the SE 1,4 200.09 feet; thence S89050'05"E 212.00 feet; thence Soo09' 55"W, 90.00 feet; thence S89050'05"E, 225.00 feet; thence Noo09'55"E 25.82 feet; thence S89050'05"E, 64.42 feet; thence S 10030'00"W, 59.76 feet; thence Soo06' 15"E 74.52 feet to the South line of said subdivision; thence S89053'45"W, along said South line 496.09 feet to the True Point of Beginning, EXCEPT the South 30.00 feet thereof for County Road, containing 59,842 square feet (1.374 acres). . SUBJECT TO: conditions of deed as conveyed to King County by deed recorded under Auditor's File No. 7504150422. SUBJECT TO: a 200 foot wide power line easement granted to Puget Sound Power and Light Company'as recorded under King County Auditor's file No. 7407240511. Tract A, Serenidad South No.5, according to the plat thereof recorded in Volume 099 of Plats, pages 088 and 089, records of King County, Washington SuBJECT TO: conditions of deed as conveyed to King County by deed recorded under Auditor's File No. 7711220447. (Tax Acc't. 769663-0490) Tract A, Star Lake Estates, according to the plat thereof recorded in Volume 107 of Plats, pages 038 through 040, records of King County, Washington SUBJECT TO: conditions of plat as dedicated to King County by plat recorded under . Auditor's File No. 7806260896. (Tax Acc't. 796720-0440) Tract A, Star Lake Ridge, according to the plat thereof recorded in Volume 144 of Plats, pages 035 through 037, records of King County, Washington SUBJECT TO: conditions of plat as dedicated to King County by plat recorded under Auditor's File No. 8901310332 (Tax Acc't. 796790-0300) Tract A, Sweet Briar Division 2, according to the plat thereof recorded in Volume 098 of Plats, pages 038 through 039, records of King County, Washington SUBJECT TO: conditions of deed as conveyed to King County by deed recorded under Auditor's File No. 7610250655 (Tax Acc't. 815962-0370) . :in ~. .......,. . ............... ...4 ..... ,. _.. ...~~.!""".., .~ .,:~; ~.. ) ~) 44 EXHIBIT 2- PAGE y,-/ OFA~~ ,~. '.~ ~,~ ~~~_~.v~.~._~.,~ ..~ ' ~ J::,~~'~ ~ ~'1 ;~ ~.. :.; Exhibit C AFTER RECORDING RETURN TO: City of FEDERAL WAY, Washington QUIT CLAIM DEED GRANTOR - KING COUNTY GRANTEE - CITY OF FEDERAL WAY LEGAL - - TAX NO. - N/A The Grantor, KING COUNTY, WASHINGTON, a political subdivision of the State of Was.hington, for and in consideration of mutual benefits, receipt of which is hereby acknowledged, conveys and quit claims unto the Grantee, the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington, those certain real property interests, as legally described in Exhibit A, attached hereto and made a part of this Deed together with any after-.acquired title with the Grantor may acquire: Dated this day of ,200_" KING COUNTY, WASHINGTON BY TITLE STATE OF WASHINGTON ). )SS COUNTY OF KING ) I certify that signed this instrument, on oath stated that he was authorized by the King County Executive to execute the instrument, and acknowledged it as the . of King County, Washington to be the free and voluntary act of said County for the uses and purposes mentioned in the instrument. Dated NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires "~A., ~! f } :t~'L'~ .,.,...,---...,,-~ ~.~. j...... ," 45 EXHIBIT PAGE Jf5 2- gF~' .,_.~.. .'n.. ..~ f r::, l"'~ .> Exhibit E Drainage Facilities to be Transferred to or Subject to Inspection by City of Federal Way upon Annexation of East Federal Way PAA Table A: Stormwater System Facilities to be transferred to City Facility Facility number Facility Name Facility Address Type oR0527 Lake Dolloff Outlet 4200 308th Place S Channel Peasley Canyon Culvert Repair (Federal Way portion - portion also 5100 S Peasley Canyon oR0544 in Auburn PM) Rd Channel Pump oR0548 Pump Plant 32 (Camelot Park) 29800 36th PI S Station oR0561 S 360th St Embankment 2100 S 360th St Regional RIO Enclosed oR0576 Sweet Briar Drainage Improvement 4701 SE 292nd St Drain 095496 095501 096304 096623 096689 096806 096807 096952 096953 096954 096955 09707.1 097227 097234 097250 097265 097378 097428 097479 098172 098174 098321 098342 FACILITY NAME Sea-Tac Bible Church Federal Way United Methodist Church KC Fire District #39 Word of Truth Church Enchanted Woods Apartments Twin Cedars Mobile Home Park Twin Cedars Mobile Home Park Kloshe-Illahee Mobile Home Park Kloshe-lIlahee Mobile Home Park Kloshe-lIIahee Mobile Home Park Kloshe-lIIahee Mobile Home Park Federal Way LOS Church Circle K Store #88566 New Life Christian Church KC Fire Dist 22 . Killarney Woods Mobile Home Park Thomas Jefferson High School Pruetts Barn Fountain Lake Townhomes Rainier View Elementary S<;:hool Evergreen Vale PUD Central Presbyterian Church Washington Buddhist Temple . -0. .f ~ ~~:; ,~ \;?; .~ fi 46 ."1/''. - '! i f, ';':; . ~ .' FACILITY ADRESS 29926 3ih Ave S 29645 51st Ave S 3203 S 360th St 33415 Military Rd S 2020 S 360th St 37301 28th Ave S 37301 28th Ave S 2500 S 370th St 2500 S 370th St 2500 S 370th St 2500 S 370th St S 287th St & 48th Ave S 5011 S 288th St 33929 42nd Ave S 4966 S 298th St 25th PI S & S 370th St 4248 S 288th St 31633 32nd Ave S 4729 S 301st St 3015 S 368th St 35929 21st PI S 37505 28th Ave S 4401 S 360th St EXHIBIT 2- PAGE If ~ OF ~c. 098436 098462 D98463 098499 098500 098609 098621 098713 09X073 D9X129 09X154 OS0053 OT0031 N98196 N98252 Valhalla Elementary School Lakeland Park Lakeland Park Camelot Elementary School Chevron on Military Rd Lakeland Elementary School Seattle Central Korean Church Federal Way LOS Church Lakeland Park Seattle Central Korean Church Federal Way LOS Church Briggs Residence 03~007 Road facility AM/PM Mini Mart & Gas Station St Nicholas Montessori School 27847 42nd Ave S 35375 Military Rd S 35375 Military Rd S 4041 S 298th St 31980 Military Rd S 35625 32nd Ave S 27616 46th Ave S 28616 48th Ave S 35375 Military Rd S 27616 46th Ave S 28616 48th Ave S 36616 28th Ave S 30401 38th Ave S 3910 S 320th St 31015 Military Rd S Table C: Stormwater Facilities Serving Residential Development to be Transferred to City Parcel Facility Number (if Number FACILITY NAME FACILITY ADRESS applicable) 090102 Camelot Park #1 30235 38th PI S 1312910110 . 090103 Camelot Park 4043 S 302nd PI 090152 Sterling Place West 4402 S 313th St 2345500420, 090178 Enchanted Estates 2020 S 363rd PI 2345500430 090249 Kingco Estates 3 28409 37th Ave S 3874010940 090320 Maplewood Vale 36306 25th Ave S 5131000810 090414 . Camelot Park II (with 090102) 3818 S 303rd Ct 1312910110 090472 Grand Firs 5125 S 302nd PI 090517 Alder Glen Tract A 35400 25th Ave S 100500450 ,090762 Gertrude Lane 4313 S 289th PI 090854 SP 0779128 3505 S 312th PI 090913 Star Lake Hills 27532 46th Ave S 090940 SP 0879151 29613 49th PI S 090941 Deville Manor 36633 25th Ave S 2019200650 091126 Fountain Isle Lake 4323 S 301st Dr 2616700590 091137 LUM Addition #1 29802 48th Ave S 091225 Sterling Park I & II 31301 49th Ave S 091362 Mathews Green 2962 S 368th St 5205000540 091"390 Maplewood Ridge 36017 22nd PI S 091391 Maplewood Ridge 36135 22nd PI S 091392 Maplewood Ridge 23RO Ct S & S 362nd St 091563 Kings Park Oiv 4 29724 33rd Ave S 3876710220 091589 Meadow Mere 3415 S 299th St 5413200180 091644 Cherry Croft 28400 48th Ave S 1547500220 _. ,. _y.,_~~~, ~~ ~ t:.! ~ i:~ . ~.:" ~. .~: EXHIBIT 2- :~~ () :'i~:: ; 47 ~AGE L..{1- OF s~ 091658 Kilarney Glen 35401 27th PI S 091659 Kilarney Glen 2799 S 355th St 091670 Coronation Place 2731 S 353rd PI 091737 Palmer Subdivision 29702 48th Ave S 6618500210 091770 Alder Ridge Oiv 1 35216 28th PI S 091792 Morningside Crest 4915 S 298th St 0321049208 091817 Stat lake Ridge 3710 S 279th PI 3422049280 091872 Whisperwood 29922 34th Ave S 9491800360 091931 Star Lake Meadows 27692 41 st Ave S 7967780130 091987 SP 0683090 3808 S 307th PI 092037 Star lake Estates 4209 S 273rd PI 7967200440 092038 Star Lake Estates 27503 43rd Ave S 7967200440 092062 Forest Hills Estates II 5230 S 279th St 2595650760 092127 Dogwood Haven 2711 S 371st St 2062000100 092228 Landing at Star Lake Div 2 27300 32nd PI S 4180110130 092245 Alder Glen 35436 25th PI S 0100500460 092246 Alder Glen 2435 S 354th St 092296 Sterling Meadows 30000 34th Ave S 8001100260 092351 Mercer Heights 4717 S 298th St 5450700130 092357 Southern Rose Tr A 36400 30th Ave S 7893850260 092358 Southern Rose Tr B 36400 31st PI S 7893850270 092384 Everettsville 3200 S 312th PI 2408600190 092389 AAA 2YR BOND SP S89S0249 (Leach) 3401 S 280th St 092399 Camelot Phase III 30300 32nd Ave S 1311110230 092493 longspur 4460 S 275th PI. . 4401150280 092494 Longspur 4420 S Star Lk Rd 4401150290 092495 Van Vleet Shores 3229 S 272nd St 8874000110 092538 Krista Gardens 4400 S 315th St 3943500090 092540 Star lake Glen 28079 39th Ave S 7967650180 092579 Dimitries Place Tr A 30125 36th PI S 092580 Oimitries Place Tr B 3347 S 301st PI 092629 Arcadia 4127 S 292nd PI 255580240 092630 Star lake Greenhouse SP 3419 Star lake Rd 092643 Cedar Heights Estates 36301 22nd PI S 1445100400 092670 Wood brook Oiv 1 & 2, Tr C 5338 S 282nd Wy 9510930600 092674 Crystal Haven 3201. S 376th PI 1864930260 092721 Hadley Place 27642 44th PI S 2989500200 092797 AAA2YR BOND Reserve at Star lake, 3010 S 278th PI 7237590460 092870 AAA 2YR BOND Virk Plat 35XX S 298th St 7237590460 092871 Kit Corner 2714 S 374th PI 092873 Brookshire North 2615 S 362nd PI 1150700220 .~. ..t.... ,.... ' 48 EXHIBIT 2- PAGE '1'6 OF S Go ~ .~'_.-~. ;.~. ~J, . . Exhibit F Drainage Facility and Related Property Interests to be Transferred to the City 1. Drainage Related Lands held by King County and Described as Follows: Tract A and D, Alder Glen according to the plat thereof recorded in Volume 165 of Plats, pages 078 through 081, records of King County, Washington (Tax Acc'ts. 010050-0450 & 010050-0460) Tract A, Arcadia according to the plat thereof recorded in Volume 189 of Plats, pages 089 through 091, records of King County, Washington (Tax Acc't. 025558-0240) The East 60 feet of the South 190 feetofthe North 220 feet, of the West Y2 of the Southeast v." of the Northeast v., of the Southeast v., of Section 3, Township 21 North, Range 4 East, W.M. King County, Washington (Tax Acc't. 032104-9208) Tract B, Brookshire North according to the plat thereof recorded in Volume 174 of Plats, pages 039 through 042, records of King County, Washington (Tax Acc't. 115070-0220) Tract A, Camelot Division III, according to the plat thereof recorded in Volume 171 of Plats, pages 097 and 098, records of King County, Washington (Tax Acc't. 131111- 0230) . Tract A, Camelot Park Division 2, according to the plat thereof recorded in Volume 117 of Plats, pages 065 and 066, records of King County, Washington (Tax Acc't. 131292- 0110) Tract A, Cedar Heights.Estates, according to the plat thereo[recorded in Volume 198 of Plats, pages 056 through 060, records of King County, Washington (Tax Acc't. 144510- 0400 ) Tract A, Cherry Croft, according to the plat thereof recorded in Volume 046 of Plats, pages038 through 041, records of King County, Washington (Tax Acc't. 154750-0220) Collingtree Park, according to the plat thereof recorded in Volume 236 of Plats, pages 001 through 06, records of King County, Washington (Tax Acc't. 168700-unassigned) Tract B, Crystal Haven, according to the plat thereof recorded in Volume 204 of Plats, pages 066 through 068, records of King County, Washington (Tax Acc't. 186493-0260) Tract A, Deville Manor, according to the plat thereof recorded in Volume 115 of Plats, pages 039 and 040, records of King County, Washington (Tax Acc't. 201920-0650) -.... ,,~. ..y.,....t..._.. ~~. .~:.~, /~ . 49 EXHIBIT ....._ 2- PAGE A L{ 'f~..~Or ...2..~ ... t } ~::~ .~ j'''i~: .: .c' ~'(.~ ~ .....J Tr:act A, Dogwood Haven, according to the plat thereof recorded in Volume 160 of Plats, pages 94 and 95, records of King County, Washington (Tax Acc't. 206200-0100) Tract A and B, Enchanted Estates, according to the plat thereofrecorded in Volume 116 of Plats, pages 018 and 019, records of King County, Washington (Tax Acc'ts. 234550- 0420,234550-0430) Tract A, Everettsville, according to the plat thereof recorded in Volume 173 of Plats, pages 064 and 065, records of King County, Washington (Tax Acc't. 240860-0190) Tract B, Forest Hills Estates II, according to the plat thereof recorded in Volume 163 of Plats, pages 013 through 021, records of King County, Washington (Tax Acc't. 259565- 0760) Tract B, Fountain Isle Lake, according to the plat thereof recorded in Volume 123 of Plats, pages 078 through 080, records of King County, Washington (Tax Acc't. 261670- 0590) Tract B, Hadley Place, according to the plat thereof recorded in Volume 196 of Plats, pages 026 through 028, records of King County, Washington (Tax Acc't. 298950-0200) Tract B, Hidden Tree, according to the plat thereof recorded in Volume 228 of Plats, pages 085 through 087, records of King County, Washington (Tax Acc't 327591-0210) Lots 28 to 30, Block 37, Jovita Heights, according to the plat thereof recorded in Volume 20 of plats, page 12, records of King County, Washington, being a portion of the Southwest Quarter of Section 23, Township 21 North, Range 4 East, WM. Portion of said lots defined as follows: BEGINNING at the Northeast comer of the above described land and of said Lot 30; Thence S89049'35"W, along the North line of said Lot 30, 87.33 feet; THENCE S 01029'30" E, 26.00 feet; THENCE N 89049'35" E, 67.33 feet; THENCE S 01029'30" E, 64.51 feet; THENCE along a curve to the right, the center of which bears S 88030'30" W, 12.50 feet distance, through a central angle of29046'30", an arc distance of 6.50 feet; THENCE along a curve to the left, the center of which bears S 61043 '00" E, 59.50 feet distance, through a central angle of23037'56" an arc distance of24.54 feet to a point on the South line of said Lot 28; THENCE N 89049'45" E, along said South line, 29.17 feet to the Southeast comer of said Lot 28; THENCE N 01029'30" W, 120.11 feet to the True Point of Beginning. (Tax Acc't. 375160-1366) Tract X, Kingco Estates No.3, according to the plat thereof recorded in Volume 116 of Plats, pages 082 and 083, records of King County, Washington (Tax Acc't. 387401-0940) Tract A, Kingspark Division 4, according to the plat thereofrecorded in Volume 105 of Plats, pages 086 through 088, records of King County, Washington (Tax Acc't. 387671- 0220) :~. .J.:f '. ~ . '". /- 50 EXHIBIT PAGE . ~o OF ? c;, z.. ~~~~)~1,t.~,;.' Tract 999, Krista Gardens, according to the plat thereofrecorded in Volume191 of Plats, pages 001 through 003, records of King County, Washington (Tax Acc't. 394350-0090) Tract A of King County short plat LOOSOOI9, said short plat defined as follows: the East halfofthe South halfoflot 16 and all of lot 17 in block 4 of Lake Dolloff Tracts Division # 3, according to the plat thereof recorded in Volume 172 of Plats, pages 139 and 140, records of King County, Washington (Tax Acc't. 401440-0289) Tract A and E, The Landing at Star Lake 2, according to the plat thereof recorded in Volume169 of Plats, pages 062 through 064, records of King County, Washington (Tax Acc't. 418011-0130) Tracts A and E, Longspur, according to the plat thereof recorded in Volume184 of Plats, pages 026 through 030, records of King County, Washington (Tax Acc'ts. 4401150- 0280,4401150-0290) Tract A, Maplewood Vale, according to the plat thereof recorded in Volurne119 of Plats, pages 040 and 041, records of King County, Washington (Tax Acc't. 513100-0810) Tract B, Matthews Green, according to the plat thereof recorded in Volume 142 of Plats, pages 022 through 025, records of King County, Washington (Tax Acc't. 520500-0540) Tract A, Meadow Mere, according to the plat thereof recorded in Volume 148 of Plats, pages 010 through 014, records of King County, Washington (Tax Acc't. 541320-0180) Tract D, Mercer Heights, according to the plat thereof recorded in Volume 179 of Plats, pages 034 through 036, records of King County, Washington (Tax Acc't. 545070-0130) Tract A, Palmer Subdivision, according to the plat thereofrecorded in Volume 156 of Plats, pages 006 through 008, records of King County, Washington (Tax Acc't. 661850- 0210) Tract A, The Reserve at Star Lake, according to the plat thereof recorded in Volume 216 of Plats, pages 072 through 076, records of King County, Washington (Tax Acc't. 723759-0460) Tract B, Serenidad South No.5, as per plat recorded in Volume 099 of Plats, pages 088 and 089, records of King County, Washington (Tax Acc't. 769663-0500) Tract A, King County Short Plat 1086032, The North 412.24 feet of the West half of the Northwest quarter of the Northeast quarter of the Southwest quarter of Section 34, Township 22 North, Range 4 East., W.M., King County, Washington; EXCEPT that portion conveyed for 3ih Avenue South by instrument recorded under Recording Number 2668739. (Tax Acc't. 342204-9280) _ _ . .,.' ';:i O_~._~..,"'.....~ ~{~) 51 EXHIB~T PAGE ?I 2- OF 6 Cr ~ i.... ~ ;,~~~ ~ ! ro.t ~\ :::. r:~ Tracts A and B, Southern Rose, according to the plat thereof recorded in Velume 176 of Plats, pages 068 through 070, records of King County, Washington (Tax Acc't. 789385- 0260, 789385-0270) Tract B, Star Lake Glen, according to the plat thereof recorded in Volume 190 of Plats, pages 044 through 046, records of King County, Washington (Tax Acc't. 796765-0180) Tract A, Star Lake Meadows, according to the plat thereof recorded in Volume 1610f Plats, pages 027 through 029, records of King County, Washington (Tax Acc't. 796778- 0130) Tract E, Sterling Meadows according to the plat thereof recorded in Volume 175 of Plats, pages 048 through 051, records of King County, Washington (Tax Acc't. 800110-0260) Tract B, within the Plat of Sweetbriar No.3 as shown On the official plat thereof. as recorded in Volume 098 of Plats, pages 069 and 070, records of King County, Washington. Subject to Reservations, Restriction, Easements and Agreements of Record, if any. (Tax Acc't. 815963-0400) Tract A, Van Vleet Shores, according to the plat thereof recorded in Volume 184 of Plats, pages.008 through 010, records of King County, Washington (Tax Acc't. 887400-0110) Tract A, Virk Plat, according to th~ plat thereof recorded in Volume 230 of Plats, pages 045 through 047, records of King County, Washington (Tax Acc't 894725-0140) Tract B, Wisperwood, according to the plat thereof recorded in Volume 148 of Plats, pages 026 through 028, records of King County, Washington (Tax Acc't. 949180-0360) Tract C, Woodbrook Division No.1, according to the plat thereof recorded in Volume 190 of Plats, pages 069 through 074, records of King County, Washington (Tax Acc't. 951093-0600) Tract A, Woodbrook 4 Division No.1, according to the plat thereof recorded in Volume 224 of Plats, pages 088 through 090, records of King County, Washington (Tax Acc't. 951112-0140) 2. The following declarations of covenant: Declarations of Covenant filed under recording number 199903121116 Declarations of Covenant filed under recording number 20030313002804 Declarations of Covenant filed under recording number 20030421002760 Declarations of Covenant filed under recording number 20030605000125 ...... ........,. '~ ,i {;:;; ~.i. '.~ ,'., ; 'W'o ~.. -0 ! ~..~: -;:.:: '~ 52 EXHIBIT "Z- PAGE s~ OF ~, Declarations of Covenant filed under recording number 20030828000105 Declarations of Covenant filed under recording number 20041202002226 Declarations of Covenants filed under recording number 20051025000767 Declarations of Covenant filed Ulider recording number 20051118001992 Declarations of Covenant filed under recording number 20060329000992 3. The following storm drainage easements: as recorded under recording number 198708120526 as recorded under recording number 20031202001552 as recorded under recording number 20051025000767 .."_..~,,.,~..~ l-~ :L:: ~ ~>i ,;: ',", ^ ""< ' >1Y~: i) ..~ ,.~. \ 53 EXHIBIT Z PAGE ~3 OF 5t. Exhibit G AFTER RECORDING RETURN TO: City of Federal Way, Washington QUIT CLAIM DEED GRANTOR - KING COUNTY GRANTEE - CITY OF FEDERAL WAY LEGAL - - TAX NO. - N/A The Grantor, KING COUNTY, WASHINGTON, a political subdivision of the State of Washington, for and in consideration of mutual benefits, receipt of which is hereby acknowledged, conveys and quit claims unto the Grantee, the CITY OF FEDERAL WAY, a municipal corporation of the State of Washington, those certain real property interests, as legally described in Exhibit A, attached hereto and made a part of this Deed: Dated this day of ,200_. KING COUNTY, WASHINGTON BY TITLE STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that signed this instrument, on oath stated that he was authorized by the King County Executive to execute the instrument, and acknowledged it as the of King County, Washington to be the free and voluntary act of said County for the uses and purposes mentioned in the instrument. Dated NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires ~:tn ~ "t.}' _, ,.. ....~ ~.... ..._..." -{'J'''', ~'. ....1" .: 54 EXHIBIT .2- PAGE 13'f OF fi " . _ .~ . r 5 ;, j ~ t"t ;;.,:' ; Exhibit H East Federal Way Potential Annexation Area Police Services Transition Plan A. Effective Date: Effective Date of the Annexation Area Annexation B. Desired outcomes 1. The King County Sheriffs Office ("KCSO") and City of Federal Way ("City") share a goal to work together to ensure that the transition is conducted in a professional manner, and that there are no breaks in service for the residents of the Annexation Area. C. Roles and responsibilities 1. The KCSO Contracts Unit is responsible for: a. Facilitating the transition process. , b. Ensuring that all transition elements are addressed and completed. c. Working with Precinct 3 to address operational components of change. d. Working with non-precinct KCSO units to ensure smooth transition. e. Serving as primary contact for City. 2. The KCSO Precinct 3 is responsible for: a. Ensuring the operations are smoothly transitioned, including sharing of crime information as requested by the City. 3. The City, including its police department, is responsible for: a. Ensuring that the police department is able to provide service in the Annexation Area beginning on the effective dates of the annexation. b. Determining the information needed from the KCSO regarding crime, detective cases, or other law enforcement activities. c. Requesting the information identified above in a timely manner. D. Workload I. Records a. The KCSO will retain all original records for events-happening before the effective annexation date in accordance with state records retention schedules. KCSO will provide copies ofthe records upon written request from the City Police Department, following KCSO protocols. 2. Fingerprinting and Concealed Weapons Permits a. City residents can continue to receive these services at KCSO locations, or may go to the City Police. for these services. 3. Sex offender tracking, contacts, and notifications a. From and after the effective date of the annexation, the City will become responsible for holding community meetings for any sex offenders living in the Annexation Area, with the exception of already-scheduled meetings. Further, the City will be responsible for all legally mandated contacts and ,""? t~. . !. ~"'i :..;. "'I' ) "'1 f ,,'. . ~~. ...~ -....:........... . \.\ .~............-....,.._.... ."'.'... . 55 EXHIBIT 2- PAGE 6SOF6? ",.. ":"1 ~ t f..~ ,c.. . :. f ~. ~.. &-.''' ;f::. ,~: '.: monitoring. The KCSO retains responsibility for sex offender registration in accordance with applicable statutes. 4. Investigations a. KCSO detectives will continue to handle all investigations that are active at the date of annexation, unless otherwise negotiated with the city. At City's request, the KCSO will arrange for an information exchange with city detectives in order to pass on information regarding any cases that City will investigate. Investigation of criminal matters occurring from and after the date of Annexation will be the responsibility of the City. E. Emergency 9-1-1 Services (Communication & Dispatch) 1. Federal Way Police will be responsible for ensuring that their communications and dispatch services are prepared to take Annexation Area calls beginning on the effective dates of the annexations. This includes arranging for such 9-1-1 calls to be directed to the proper communications center. Federal Way Police will provide the E-911 Program Office with at least 30 days advance notice of the effective date of the annexation to allow sufficient time for the E-911 . Program Office and Qwest to process E-911 database changes before the effective date of the annexations. 2. The KCSO and the E-911 Program Office will be responsible for discontinuing KCSO communication and dispatch service to the Annexation Area on the effective dates ofthe annexations. The KCSO and the E-911 Program Office will assist Federal Way's communications service in making the switch, with Federal Way having primary responsibility. F. Notification to affected units 1. The KCSO Contracts Unit will notify all KCSO units of the annexations, and will work with them to resolve any concerns. ~ ~.. t~~ ~, ~"'i ..~..~ ,~ ': , ' ".. 1.,~ ;t.." .. ~~~. ('" . 56 EXHIBIT 2- PAGE 5' OF s~ MEMORANDUM OF UNDE&ST ANDING BETWEEN EXECUTIVE RON SIMS AND CITY MANAGER NEAL BEETS REGARDING FUNDING OF CERTAIN ACTIVITIES RELATED TO ANNEXATION BY THE CITY OF THE EAST FEDERAL \V A Y POTENTIAL ANNEXATION AREA This Memorandum o(Understanding is intended to confirm the agreement of the parties to work together on public outreach in support ofthe annexation by the City of Federal Way of its Potential Annexation Area ("P AA"), in furtherance of that separate interlocal agreement negotiated between the City and County on annexation of the area, which agreement it is anticipated will be approved by the legislative bodies of the City and County prior to May 2007. In consideration of the City's willingness to annex the East Federal Way PAA subject to voter approval, and to engage the residents of the P AA in a collaborative public outreach effort with King County in support of said annexation the County is willing to: (1) reimburse the City up to $25,000 for joint public outreach activities in support of annexation of the PAA which activities may include slirveys, printing, meeting-related costs and similar activities; and (2) participate with the City in the development and conducting of a series of public outreach meetings for this purpose. Outreach activities are planned to continue at least through the first three calendar quarters of2007. The City and County agree to work collaboratively in developing any survey instruments, and any agendas and materials to be used in the public outreach meetings, which agenda and materials shall be agreed to by the parties in advance of their use. The City will transmit to the Office of Management and Budget an electronic copy of all materials used as part of the funded public o1,1treach program. The payment of funds to the City shall be subject to submittal of invoices from the City confirming the expenditure of funds consistent with this Memorandum. Invoices shall be submitted to Elissa Benson, Annexation Initiative Manager, King County Office of Management and Budget. The City shall be responsible for compliance with state laws in respect to expenditure of all funds paid or reimbursed. This Memorandum of Understanding shall be effective as of the last date signed by the parties. The MOU shall terminate on December 31, 2007, unless extended by mutual agreement of both parties. Executive Ron Sims King County Neil Beets, City Manager City of Federal Way Dated: Dated: EXHIBIT .3 PAGE ( OF / COUNCIL MEETING DATE: ITEM #: 5-h CITY OF FEDERAL WAY CITY C.OUNCIL AGENDA BILL SUBJECT: 2007 PLANNING COMMISSION WORK PROGRAM POLlCY QUESTION: WHAT [TEMS SHOULD BE ON THE PLANNING COMMISSION WORK PROGRAM FOR 20077 COMMITTEE: LUTC MEETING DATE: February 5, 2007, March 12,2007 CA TEGORY: o Consent o City Council Business Ordinance o Resolution o o Public Hearing Other . STAFF REpORT By: KATHY MCCLUNG DEPT: Community Development Attachments: List of proposed projects in recommended priority order. Options Considered: City Council may move items around on the priority list for Planning Commission consideration. STAFF RECOMMENDATION: Place items a-k on the Planning Commission work program for 2007. ~ DIRECTOR ApPROVAL: ~ ~c..- Committee Council CITY MANAGER ApPROVAL: COMMITTEE RECOMMENDATION: THE COUNCIL HAS THE FOLLOWING OPTIONS: "I move approval of (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED COUNCIL BILL # o DENIED o TABLEDfI)[FERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 1 ST reading Enactment reading ORDINANCE /I RESOLUTION /I 2007 Proposed Planning Commission Work Program 1. Projects currently working on a. Annexation- preparation of BRE application, public outreach program. b. Shoreline Master Program- PC March. Estimated completion June 2007. c. Small lot, Zero-lot line, 9 lot short plat code amendments. PC March. Estimated completion May. d. Comprehensive Plan Update- PC March. Estimated completion June/July. e. . BC/BP Code Arnendments- PC March. Estimated completion June/July. 2.Projects not started from 2006 or newly proposed in staff-recommended priority order: f. Tree Ordinance (2006) I. Mass grading II. Cutting prior to development ( final plat) HI. Tree retention and replacement IV. Tree plan requirements v. Penalties g. South 356th Sub-area Plan (2006)- Council committed in 2006 to complete this project within a year. h. 2007 Comp Plan Updates (new & required) including individual parcel requests. l. Design Guidelines (new)- The city has had about 10 years with current guidelines in place. It is time to review them and make revisions for what is working and what is not. Included in this amendment would be design standards for essential public facilities. J. Traffic (2006) -related Neighborhood Meetings- Public Works will prepare with 2007 traffic-related Comp Plan amendments. k. Junk (new)- What constitutes junk. Strengthen code to make easier to enforce code. 1. Building heights (new) - look at building heights in all zones. A request has been made to look at the BN zone, but looking at height changes without looking at how they are in relationship to each other may not meet the intent of the Comprehensive Plan. m. Submittal requirements for preliminary plats (new) Stakeholders think the requirements are too costly and difficult at this stage of the project. Also include lot averaging as a proposal for efficient development. n. Cell Tower Process (new)- The process is too staff time-consuming. o. Single family lot coverage and size of secondary/accessory buildings (new) p. Hours of construction operation & appraisal consistency (2006) - clean up items in Code q. Off-site signs for special events (2006) r. Conditional uses (2006) -:- Suggested by the Planning Commission to use this method of making non-conforming uses conforming for the purposes of expansion. 3. Recommended 2007 Work Program - Recommend that items a-k be on this year's work program. COUNCIL MEETING DATE: March 20, 2007 ITEM #: 5-i CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WEST HYLEBOS WETLANDS PARK BOARDWALK: 100% DESIGN ApPROVAL AND AUTHORIZATION TO Bm POLICY QUESTION: Should the City approve the boardwalk as redesigned and authorize the PRCS Department to bid the project? COMMITTEE: PRPS rYr;..rt.-h ~ ~ / ~.., MEETING DATE: Jl11y 19,2996 CATEGORY: IZI Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: B SANDERS DEPT: Parks, Rec. & CuI. Services -- ------ This project proposes to replace a deteriorating boardwalk in a wetland setting with a new boardwalk, using long lasting materials. The 3900 linear foot (0.7 mile) boardwalk will maintain the existing alignment, with a few minor revisions to improve its accessibility and reduce interference with trees. To limit environmental impact to the wetland all demolition and construction will be performed from the existing boardwalk, using manual labor and small wheeled equipment. Construction materials include both concrete with steel pin piers and recycled tires for the foundation, depending on the specific soil conditions, and recycled plastic lumber for the deck. These construction methods and materials have been selected for their longevity and low environmental impact, but they also contribute to the relatively high project cost. The approved budget for design and construction of this project is $1,450,000. The City Council reviewed and approved the project at 85% design in April 2006. Preliminary design and construction costs are estimated at $1,449,677 as detailed below. In order to stay within the total project budget, the bid package will be structured with bid alternates. Cost Estimate: Construction (2007) 10% Contingency 8.8% Sales Tax Total Construction Costs $1,101,835 $ 110,184 $ 106.658 $1,318,677 Design and Construction Assistance Total Project Costs $ 131,000 $1,449,677 Potential Bid Alternates-to reduce costs if necessary: Alt. I-Spur to Brook Lake $ 94,000 Alt. 2-Qbservation Decks $ 86.400 Total, Alternates $ 180,400 Attachments: Site Plan, Realignment Detail Options Considered: 1. Approve 100% design and authorize the project to be bid. 2. Do not approve or bidthe project at this time. STAFF RECOMMENDATION: Staff recommends that the 100% design be approved, and the project be sent out to bid at this time. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: .\\4 C10mrniltee COMMITTEE RECOMMENDATION: Committee Member PROPOSED COUNCIL MOTION: "I move approval of the WI Hylebos Boardwalk design, and approval to bid the project. 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I- z w () <( ..., o <( L .lHS Vd~vr 6MP'\>~'~OB9Z0\>0\~OB9Z017O\^VM1Vl:j3a3.:1-.:I0 A.1.I~'B9Z0\>O\sqOr\:>t f\--Y UOSp!^I1p:l WI1\>C:O ~ gOOZ 'oc Je~ -~I- COUNCIL MEETING DATE: March 20, 2007 ITEM #: 5-j CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CELEBRATION PARK MAINTENANCE BUILDING POLICY QUESTION: Should the City approve the proposed building plan and authorize the City Manager to enter into construction contracts with the successful bidder'sfrom the Small Works Roster? COMMITTEE: PRPSC MEETING DATE: March 13,2007 CATEGORY: [8J Consent D City Council Business t. r : '-.. ~ }.~. D Ordinance D Resolution D Public Hearing D Other STAFF REpORT By: SteJ?hen Ikerd, Parks & Facilities Manger The original plans for Celebration Park included a maintenance building to support the Park and Trail system. Since the opening of the Park we have had to rent off site storage units to keep equipment and supplies. Currently we are renting 2 large units at Century Square Storage at $4000 per year. This has proven to be inconvenient, costly and impacts staff time. We estimate 600 hrs are associated with transporting equipment and supplies from different off site locations, with a $12,420 associated cost. The pay back period on $16,420 would be 12 years, which would be realized in rental fees and more productive staff time. DEPT: PRCS Constructing this building on site will allow for all equipment and supplies to be more readily available and eliminate driving mowing equipment down the road and sidewalks to the Park. This building will allow staff to stage additional equipment which is currently stored outside in the elements at the Steel Lake Maintenance yard. Some of this equipment is used more frequently at Celebration Park and must be transported to the site. Weare working with David A Clark Architects to design and to help bid a pre-engineered metal building that will meet the needs of Celebration Park and the adjacent Trail system for years to come. There is currently $213,362 in the Parks CIP account shown as "Celebration Park - Balance" which will be the funding source for this project. The estimate to construct a graffiti resistant building is estimated to be within the $200,000 allowed for Small Works Roster projects. The Parks Conunission reviewed the plans and after discussion voted to move this request forward to the PRPSC Conunittee. Attachments: Building drawings Options Considered: Other designs such as brick exterior to match the other CP buildings were considered, but they were too expensive for the budget and have not been successful in completely removing graffiti. STAFF RECOMMENDATION: Staff recommends Council accept the Celebration Park Maintenance Building plan and authorize the City Manager to execute contracts not to exceed an aggregate of $200,000 using the Small Works Roster. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: cil COMMITTEE RECOMMENDATION: Committee Chair Committee Member PROPOSED COUNCIL MOTION: "1 move to accept the Celebration Park Maintenance building plan and authorize the City Manager to execute the appropriate contracts not to exceed the $200,000 limit using the Small Works Roster. " 'B-\ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # B,-2- ~~~ ~-l ~rn ~ ---- --- " . n .." \ \\\\\\\\\\\ r l\ ~\ ~, tt;\'~' <!~\ ",. "\ .<!~ ~l ~\ ~i ;>~~ .. 8 ~l l t~- ;>l " \~ 0<.0 = ~F. ~! ~~ -! 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W\ \ ~ ...., .n t~~ N i~i. % i~\ H "\ ~... ~ ~ l .. 1 7 ~\ \\\~ \~\\ i~\~~\ \\\~. r In" ----\v,' \\ \~ ~ . \~.. .~ \'- W; .. ~~l ~ .. , , , , \ t.()~ \1'<" m-l 7J. ::r:. 0 lm G-G 7Js 1f.l:> tn' , ~~ -;" ~:-' o U1 l:> <J> m G- ~ \ \ \) f1 \1 ~ \ I\\Ii. i\1 t i~~ i~& 'R\ ~~ \ ~\ \ ~ \ ~ \ ~ \ __ ----0 \ \ \ \ \. \ \ \ \. i \ \ \ \ --------,---------\'------- \ <-"- \ \ \ , \ \ . . \ \ ' . \ \ ' . \ \ \ \ 1------- --------y-------- \ \ \ , \ \ ' . \ \ . . \ \ ' , \ \ \ \\\\\\\\\\' j!\ ~\ ~ ~. \ ~\ P Ii" \ ...t ~J~ .~ q\ ,. ~ <i ,.\~ ; r> t 6--5 __----8 __---0 ;. .... __---8 \ ..... \ .::l).l if ~1 ~i :ai . ii: ~ , - ~; n ~~ , (J> g -. 1: r m < 1> -. ~ n .-8 I I i 1 i' i ~ ~ it ~ ~ r. ~ '" \ \ \\\\\\ z o -. 1: m r m < 1> -. ~ , ~ 1 ~I ~\ ~, ~; r~f ~a~1 l ~S' . s .~lih ~s.:;; "Som .~~i &iD >i"f >p'l ~ n ~ ~ COUNCIL MEETING DATE: March 20, 2007 ITEM #: 5-k CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CABINS P ARK: AWARD LANDSCAPE BID POLICY QUESTION: Should installation oflandscaping and irrigation at Cabins Park be awarded to Blue Sky Landscape Services? COMMITTEE: PRPS MEETING DATE: March 13,2007 CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: B SANDERS DEPT: Parks, Recreation & Cultural Services Bids were solicited from landscape contractors on the City of Federal Way Small Works' Roster for installation of irrigation and landscaping for the new parking lot at Cabins Park. Four bids were received, in the following amounts, without sales tax: Contractor Bid Amount, without WSST Blue Sky Landscape Services, Inc. $24,471.58 Legacy Landscaping, Inc. $29,129.00 JKB/Earth Force $29,703.00 Buckley Nursery Company, Inc. $35,705.00 The cost estimate that was prepared for this part of the project in 2006 was approximately $23,000. The low bid is reasonably' close to this amount, and the bidder is considered a responsible contractor. Total landscape expenses are itemized below: Landscaping Costs Landscaping & Irrigation WSST -8.8% Subtotal 10% Contingency Total Cost $24,471.58 $ 2.153.50 $26,625.08 $ 2.662.51 $29,287.59 Available funds in the Cabins Park project account are approximately $68,000, leaving a sufficient amount for the landscaping contract. The budget breakdown for the project is as follows: Project Budget: Consultant /Misc. Fees: Parking Lot Construction Costs: Amount Available: $260,000 -$ 19,000 -$173.000 $ 68,000 Options Considered: 1. Award bid to Blue Sky Landscape Services, Inc. 2. Do not award bid. STAFF RECOMMENDATION: Staff believes this is a reasonable bid, and sufficient funds are available to pay for. it. Staff recommends awarding the bid to Blue Sky Landscape Services, Inc. CITY MANAGER ApPROVAL: {}t11Z \ \t\ \ rl DIRECTOR ApPROVAL: ~ ~!Cil Committee COMMITTEE RECOMMENDATION: ember Committee Member ROPOSED COUNCIL MOTION: HI move approval to award the landscape and irrigation work at Cabins Park to Blue Sky Landscape Services, Inc.. " . (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # COUNCIL MEETINGpATr: ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amendment to Agreement between Sound Transit and City of Federal Way POLICY QUESTION: ShOttld the Cit) ofPederal Way appw'/6 amemlmeflts to the f.gn~emeRt bctwccfl Sound 'Mansit .:uiJ the-City ef Feaeral Way to aile';: Sound TI<lhsit tip to sC'v'Cn (7) ye.<lI5 wr cOI'lstftIe;tiolllu l-Ulllllll::llCI:: ~18pn1\~,ltt ef the €ll~tern Ton site? l"lrrently the Agreement aIll} vv 5 fi tC (5) ycau; WI COI1~td.!Gt;OI1 to . OO;"~~ t~'~'tf~~r~~"~~~~~f~~~' t~A.u~~_~~~;c.'l ~'M-1 "" fiw.' ~ -"t P, rJp "'I <e 7 0 , OMMITTEE: LAND USE AND TRANSPORTATION . MEETING DATE: 1/2' 07 CATEGORY: C8J Consent tJ City Council Business STAFF REPORT By: PATRICK DOHERTY . D Ordinance D Resolution D D Public Hearing Other DEPT: CITY MAl'fAGER Attachments: Proposed draft "First Amendment to the Agreement Between Central Puget Sound'Regional Transit Authority and the City of Federal Way for Future Development of Transit-Oriented Development at the Federal Way Transit Center." Summary/Background: The City and Sound Transit entered the "Agreement between Central Puget Sound Regional Transit Authority and the City of Federal Way for Future Development of Transit Oriented Development at the Federal Way Transit Center" effective October 25,2004, ("Agreement") whereby Sound Transit agreed to design and construct the Federal Way Transit Center Project and pursue development of future Transit Oriented Development ("TOO') opportunities on the TOO Properties located to the immediate east and west of the Transit Center. The Agreement, and that Sound Transit would exert its best efforts, in consultation with the City, to obtain a qualified developer(s) to develop the TOD Properties. The Agreement provides that Sound Transit will secure a commitment from a qualified developer within eighteen (18) months of issuance of the Certificate of Occupancy of the Transit Center, which occurred On February l, 2006. The Agreement also provides that Sound Transit must secure a commitment from a qualified TOO developer to commence construction on development of the TOO Properties within five (5) years of occupancy of the Project. To date Sound Transit has secured a qualified TOO developer for the East TOO Property (a joint proposal by the Korean Women's Association/Easter Seal of Washington/Common Ground), however, the selected TOD developer requires an additional two (2) years, to the five (5) provided in the Agreement, to secure funding for, and commence construction of, its TOD proposal. The proposal is to amend the Agreement to provide Sound Transit an additional two (2) years, for a total of seven (7) years, to commence construction on development of the TOD proposal for the East TOD Property. The existing provision allowing for five (5) years to develop the West :rOO Property would remain as is. Options Considered: 1. Approve amendment to the Agreement, as proposed in attached draft "First Amendment to the Agreement Between Central Puget Sound Regional Transit Authority and the City of Federal Way for Future Development of Transil-Oriented Development at the Federal Way Transit Center." 2. Reject the proposed amendment. 3. Approve the proposed amendment with the following changes: STAFF RECOMMENDA nON: Option I. CITY MANAGER ApPROY AL: DIRECTOR ApPROY AL: -lZk Council COMMITTEE RECOMMENDA nON: HI move to recommend to City Council ap oval of the proposed amendment to the 'Agreement Between Central Puget Sound Regional Transit Authority and the City of Federal Way Jor Future DevelopmeTit o]lransit-Oriented Development at the Federal Way Transit Center. ;," _ ( /(I. YVLOI~tt' r~CA~~eM ~1ff(l?VCAt c9k~d..-~--t(~eN'l o...+tlk.V~1 ~f'fe.<1o~i~ :o.'t'f ~ppprT ~r<<Ae.: ILWk ~~-~ ~'e-et- f1'97~ ~ 1tt-~ dP~~\ --sI(~~ -rOP ~tte.. \, COIl1p1ittee Chair Co.mmittee Member Committee Member. SED COUNCIL MonON:~ move 'Pr al of the LUTC recommendation to approve the proposed amendment to the 'Agreement Between Ce al Puget Sound Regional Transit Authority and the City oj Federal Way Jor Future Development oJTra sit- iented Development at the Federal Way Transit Center. ... (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 # 1ST reading Enactment reading ORDINANCE # RESOLUTION # * '1:" tI'l.oV(!., 1r Of{'f Ovo. \ if- ~ \.e-1ter I AI-~.eJ I e.yrr~{ ~ __ _ J Ck\:'O G~<< -tor fl4,e. ~WA WJ\uJ~u~ ~~~ot fYiO~~ ~~ iVt~ ~~t-'8{2:{e. TOP ~rte, I' REVISED DRAFT March 21, 2007 Faaluaiana Pritchard Executive Director Korean Women's Association of Washington State 1711 S. 312th Street #2 Federal Way, W A 98003 Dear Ms. Pritchard: On behalf of the Federal Way City Council I would like to offer the City's support for the mixed-use senior housing and daycare project that the Korean Women's Association (KW A) is pursuing On the Sound Transit property located to the immediate west of the Federal Way Transit Center. We recognize that this project will provide affordable housing to senior~ ,:,'omen within both the Korean and non-Korean communities, as well as provide a daycare center that will encourage greater transit usage for commuters with young children. Both components of your project will further several goals and policies of the City's Comprehensive Plan, related to providing affordable housing, encouraging transit ridership and redeveloping our City Center. We also commend the KW A's previous record and intention with this project to secure a very high degree of leveraging of federal, state and private funding for this project. Success in this regard will also coincide with Federal Way's Comprehensive Plan goals to leverage local funds to the maximum extent possible when building capital facilities. We support the KW A in its pursuit of project funding and hope that you will be able to move forward with this promising mixed-use project in the very near future. Ifthere is any way City staff or I can be of assistance, please do not hesitate to contact me. Sincerely, Neal J. Beets City Manager First Amendment to AGREEMENT BETWEEN CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF FEDERAL WAY FOR FUTURE DEVELOPMENT OF TRANSIT ORIENTED DEVELOPMENT AT THE FEDERAL WAY TRANSIT CENTER This FIRST AMENDMENT ("First Amendment") is made and entered into this day of by and between the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("Sound Transit") and THE CITY OF FEDERAL WAY ("the City"), a municipal corporation, (collectively, the "Parties"), . regarding the development of a transit center project ("Project"). RECIT ALS WHEREAS, The City and Sound Transit entered into an agreement entitled "Agreement between Central Puget Sound Regional Transit Authority and the City of Federal Way for Future Development of Transit Oriented Development at the Federal Way Transit Center" effective October 25, 2004, ("Agreement") whereby Sound Transit agreed to design and construct the Federal Way Transit Center Project alffiwincluding development of future Transit Oriented Development ("TaD") opportunities on the TOD Properties identified in the Agreement, and that Sound Transit would exert its best efforts, in consultation with the City, to obtain a qualified developer(s) to develop the TOD Properties; and WHEREAS. the City issued the Certificate of Occupancy for the Project on February 1, 2006; and 'WHEREAS, the Agreement provides at sections 2.I.C and 2.2 A and 2.2.B that Sound Transit will secme a commitment from a qualiJied dcvcl.oper within eighteen (18) months of i.ssuance of the Certi.ficatc of Occupancv; and WHEREAS, the Agreement provides at sections 2.I.B and 2.2.B. that Sound Transit must secme a commitment from a qualified TaD developer to commence constructiondevelep of the East TOD Property within five (5) years of occupancy of the Project, and WHEREAS, Sound Transit has completed construction of the Project and has secured a qualified TOD developer for the East TOD Property (a joint proposal by the Korean Women's Association/Easter Seal of Washington/Common Ground), however, the selected TOD developer requires an additional two (2) years, to the five (5) provided in the Agreement, to secure funding for and commence construction of.its TOD proposal; and WHEREAS, the Parties agree that it is in their mutual best interests to allow an additional two (2) years (to 2013) for the selected TOD developer to develop the East TOD Property; and WHEREAS, the patties also agree that if the proposed development docs not proceed as scheduled, Sound Transit will not have secured the commitment from a qualified developcr within eighteen (18) months and ,viII, thcrcfore, convey the East TOD Property to the City; NOW, THEREFORE, in consideration of the covenants and assurances set forth herein, it is mutually agreed as follows: 2 Section 1. Amend Section 2.1.B of the Agreement Sound Transit and the City agree to amend Section 2.1.B of the Agreement by replacing the Section in its entirety as follows: B. Sound Transit shall exert its best efforts, in consultation with the City, to obtain a qualified developer(s) who will develop the West TOD Property within five (5) years and the East TOO Property within five (5) seven (7) years of occupancy ofthe Project, consistent with Sound Transit's adopted policies for TOD development. In the event. that Sound Transit determines, in its sole judgment, that a qualified TOD developer cannot be obtained through these good faith efforts, Sound Transit shall prepare and issue a Request for Proposals ("RFP"), at its sole expense and in consultation with the City, for development of the TaD Properties consistent with all applicable federal, state and local policies and regulations and at lease twelve (12) months prior to the anticipated occupancy of the Project. Section 2. Amend Section 2.2 of the Agreement Sound Transit and the City agree to amend Section 2.2.B of the Agreement by replacing the Section in its entirety as follows: B. East TOO Property In the event that Sound Transit determines within eighteen (18) months of issuance of the Certificate of Occupancy for the Project that it is not able to secure a commitment from a qualified developer, who will agree to develop the East TOO Property within five (5)seven ill years of occupancy of the Project on terms and conditions acceptable to Sound Transit in its sole judgment, or the developer does not commence construction of the TOD on the East TOD Property within fi';e (5)scven (7) years of occupancy of the Project, Sound Transit shall convey the East TOD Property to the City consistent with all applicable federal, state, and local policies and regulations for such conveyances, the terms of this Agreement, and for valuable consideration in the form of the City's assurance that any future development of the East TOD Property will be consistent with the definition of TOn in this Agreement. The City shall have seven (7) years from the time of the conveyance to deyelop a TOn project on the East TOD Property. The City agrees to consult with Sound. Transit's Chief Executive Officer, or designee, when reviewing proposed projects and no City-led project shall proceed unless he or she concurs with the City that the proposed project is consistent with the definition of TOn in this Agreement which concurrence shall not be unreasonably withheld or delayed. If the City is unable to develop a TOn project that Sound Transit agrees is consistent with the definition of TOD in this Agreement within seven (7) years of the conveyance to the City, the City shall either (1) retain ownership of the East TOO Property and pay Sound Transit the full market 3 value of the property as determined by a mutually selected certified appraiser, less the value of permanent utility, access, and signage easements over, across and through the East TOO Property necessary for Sound Transit's continued use and enjoyment of the Project property as mutually determined by the Parties, or (2) transfer the East TOD Property back to Sound Transit at no cost to Sound Transit. In the event the City desires to develop the East TaD Property in a manner that is not consistent with the definition of TOO in this Agreement within seven (7) years of conveyance to the City, the City shall pay' Sound Transit the full market v~lue of the property as determined by a mutually selected certified appraiser, less the value of permanent utility, access, and signage easements over, across and through the East TOD Property necessary for Sound Transit's continued use and enjoyment of the Project property as mutually determined by the Parties. Section 2-J. Other Provisions of the Agreement Unchanged All other provisions of the Agreement shall remain, in their entirety, unchanged. CENTRALPUGETSOUND REGIONAL TRANSIT AUTHORITY ("SOUND TRANSIT") CITY OF FEDERAL WAY: Joni M. Earl Chief Executive Officer Neal Beets City Manager Date Date Attest: Laura Hathaway, CMC Approved as to form: Approved as to form: Stephen G. Sheehy Sound Transit Legal Counsel Patricia A. Richardson City Attorney 4 COUNCIL MEETING DATE: March 20, 2007 ITEM #: 6-a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Proposed Ordinance Deeming Graffiti a Public Nuisance, Notice and Violation and Authorizing Abatement. POLICY QUESTION: SHOULD THE FEDERAL WAY CITY COUNCIL PASS THE PROPOSED ORDINANCE TO DEEM GRAFFITI A PUBLIC NUISANCE, PROVIDE FOR A .NOTICE Of VIOLA nON AND APPEAL PROCESS, AND AUTHORIZE THE CITY TO ABATE GRAFFITI WHERE THE GRAFfITI IS NOT REMOVED? COMMITTEE: LAND USE & TRANSPORTATION COMMITTEE MEETING DATE: March 12, 2007 . CATEGORY: o Consent o City Council Business rgj Ordinance o Resolution o o Public Hearing Other ~]:~.!::~..~~Q~!~_~.:.~~!..~!~_I:!'.:\I3:Q?Q.~.?...~!TY._ ~ !1.:<?~~.~X ...._... DEPT: Attachments: Proposed Ordinance will be provided at the Land Userrransportation Council Committee, and Staff Report Options Considered: 1. Recommend approval of the Proposed Ordinance at the March 20, 2007, City Council Meeting. 2. Suggest modifications to the Proposed Ordinance. STAFF RECOMMENDA TlON: Approval of the Proposed Ordinance and forward to full Council for emergency enactment at the March 20, 2007, City Council Meeting. CITY MANAGER ApPROVAL: ~ DIRECTOR ApPROVAL: flJr.. Committee ~ Counc.1 COMMITTEE RECOMMENDATION: .~ Committee Member "f move approval of the Proposed Ordinance by emergency enactment" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECONI) READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # ~, 3.20.0l CfTY OF FEDERAL WAY MEMORANDUM DATE: March 12, 2007 TO: Land Use & Transportation Committee VIA: Neal Beets, City Manager FROM: Patricia A. Richardson, City Attorney ~~ SUBJECT: Proposed Ordinance Deeming Graffiti a Nuisance and Providing for Abatement Back2round Information: The Graffiti Taskforce has discussed at length the challenges of enforcing graffiti based on the existing Federal Way City Code. Specifically, the current code does not provide for a way to remove graffiti on private property where the property owner fails to remove it. The current code fails to provide for a process by which to give notice to property owners of graffiti and an opportunity to cOITect/appeal violations. The purpose of the proposed ordinance is to: · Establish an efficient enforcement system to regulate and eradicate graffiti within the City. · Provide a quick and efficient abatement process. · Deem graffiti a public nuisance. · Provide for Notice of Graffiti Violation. · Create a 48-hour timeline to correct the graffiti condition. · Provide for civil penalties of $100 per day for each violation not corrected within 48 hours. · Designate violation as a separate civil infraction for each day not corrected. · Provide for a process by which to appeal the Notice of Graffiti Violation within 10 days of receipt. · Provide City authority to abate if the condition is not corrected and the property owner fails to appeal or unsuccessfully appeals. In developing the proposed ordinance, law departnient stafflooked at the city codes ofBellevue, Burien, MarysviIle, and Tacoma to construct the most aggressive, but legally enforceable code. Graffiti has become a significant problem in the City of Federal Way. Uncontrolled graffiti has the potential to attract more graffiti and further crime. For these reasons, staff encourages the passage of the proposed ordinance by emergency enactment. ORDINANCE NO. AN ORDINANCE own-IE CITY COUNCIL OFTHE CITY OF FEDERAL \VA Y, \V ASHINGTON, AMENDING CHAPTERS 1, 10, AND 22 OF THE FEDERAL \V A Y CITY CODE TO CREATE A NE\V ARTICLE TO PROVIDE FOR THE REGULATION AND REMOVAL OF GRAFFITI, AND AMENDING THE FEDERAL \V A Y CITY CODE TO PROVIDE FOR ABATEMENT AND OTHER ENFORCEMENT MECHANISMS. (Amending Ordinance Nos 95-235, 96-270, 99-348, 99-357, 05-486, 05-487, 05-504, and 06- 523) WHEREAS, graffiti is a serious problem that is associated with gang activity, signals an increase in crime, generates fear, is costly, lowers property values, and is economically detrimental to the City; and WHEREAS, timeliness of removal of graffiti is an important aspect in the problem of graffiti and quick, efficient removal of graffiti promotes economic growth and public safety; and WHEREAS, creating graffiti and failing to remove graffiti are both currently unlawful under the Federal Way City Code, subjecting violators to civil and criminal penalties; and WHEREAS, the current Federal Way City Code graffiti enforcement provisions are inadequate to fully and timely address the problem of graffiti; WHEREAS, the City is attempting to com~lence an organized graffiti paint out day in the near future which requires the passage and effectiveness of this Or~inance to address the problem of graffiti; WHEREAS, the potential adverse impacts on the public health, propel1y, safety and welfare of the City and its citizens, if this Ordinance did not take effect immediately,justify the declaration of an emergency by the City Council to enact the proposed Code Amendments; ORD# ,PAGE I NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. A new section is added to Chapter 1, Article IH, Civil Enforcement of the Code, of the Federal Way City Code to read as follows: 1-24 Infractions authorized and statutes adopted. (a) Enforcement officers and officials are authorized to issue civil infractions to enforce the provisions of the Federal Way City Code designated as infractions or as penalties except those provisions that are either specifically designated as crimes, specifically indicated as not being civil infractions, or designated as traffic infractions. . (b) Unless otherwise provided, enforcement officers or officials shall follow the provisions of Chapter 7.80 RCW in issuing civil infractions. If no penalty is otherwise provided the maximum penalty and the default amount shall be two hundred fifty dollars, not including fees, costs, and assessments. (c) Unless otherwise provided, civil infractions under this section shall be governed by Chapter 7.80 RCW, except that the rules of evidence shall not apply in any hearing held regarding civil infractions. (d) The following state statutes, including all future amendments, revisions, additions, or deletions, are adopted by reference to the extent that they are not inconsistent with explicit provisions of the Federal Way City Code: Chapter 7.80 RCW Et. seq. SECTION 2. New sections shall be added to Chapter 10, Nuisances, of the Federal Way City Code, to be designated as Article III, Graffiti, and to read as follows: 10-51 Purpose. The purpose of this Article is to establish an efficient enforcement system to regulate and eradicate graffiti within the City, to provide an opportunity for an appeal of determinations of violations and prompt hearings and decisions on any such appeals, to establish monetary penalties for violations, to provide for the collection of said penalties, and to provide a quick and efficient abatement process. It is the express and specific purpose and intent of this Article to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this Article. It is also the express and specific purpose and intent of this Article that no provision nor any term used in this Article, nor any action taken pursuant to this Article is intended to impose any duty whatsoever upon the City or any of its officers or employees. Nothing contained in this Article is intended nor shall be construed to create or form the basis of any liability on the part of the City, its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City, its officers, employees or agents. ORD II , PAG.E 2 10-52 Definitions. (a). "Abate" means to remove or conceal graffiti by such means as is reasonably necessary and to otherwise bring a property into compliance with the City Code. (b) "Defacement"' means any marring and includes but is not limited to any unauthorized writing, painting, coloring, carving, disfigurement, damaging, breaking, drawing, inscription, figure, or mark of any tyPe that has been placed upon any property, through the use of means including but not limited to paint, ink, chalk, dye, markers, objects, adhesive material, or any other substance capable of marking or damaging property. (c) "Enforcement officer" or "enforcement official" means any City code enforcement officer or other City officials designated by ordinance or by the City Manager for purposes of enforcing the provisions of this Article or provisions of other sections of the City Code or other laws of the -City. (d) "Graffiti" means any defacement of property. . (e) "Hearing examiner" means the Federal Way hearing examiner and the office thereof. (g) "Property" means real or personal property, both public and private, and includes but is not limited to vehicles, artwork, decorations, sidewalks, pavement, poles, rocks, trees, bridges, buildings, barriers, walls, fences, gates, signage, installations, improvements, and structures within the City. (f) "Responsible Party" means an owner, a person acting as an agent for an owner, a person who has authority over the property, or a person responsible for the property's maintenance or management. Irrespective of any arrangement to the contrary with any other party, an owner shall always be a responsible party for the purposes of this chapter. There may be more than one responsible party for a particular private property. Where there is more than one responsible party, notice to any responsible party shall be deemed to be notice to all. Where there is more than one responsible party, permission from any responsible party shall be deemed to be permission from all unless a speci fic objection is made by a non-consenting responsible party. (h) "Unauthorized" means without the prior express pemlission or consent of a responsible Rill:!Y:. (i) "Violation" means an instance where graffiti exists on property within the City and the graffiti is visible from public property, from a location open to the public, or from a public right of way. 10-53 Graffiti deemed a public nuisance. Graffiti within the City constitutes and is deemed a public nuisance. Where graffiti exists on property within the City and is visible from public property, from a location open to the public, or from a public right of way, it is a violation of the City Code and this section. 10-54 Notice of Graffiti Violation and Order to Correct. (a) Issuance. Whenever an enforcement officer detemlines that a violation has occurred or is occurring, he or she may issue a Notice of Graffiti Violation and Order to Correct to the responsible .~ (b) Content. The Notice of Graffiti Violation and Order to Correct shall include the following: (1) The name and address of the property owner and/or other responsible party to whom the Notice of Graffiti Violation and Order to Correct is directed; ORD# , PAGE J . (2) The street address or other description sufficient for identi fication of the property, bui kling, structure, premises, or land upon or within which the violation has occurred or is occurring; (3) A description of the violation including a reference to this Article; (4) A statement that within 48 hours of issuance of the Notice of Graffiti Violation and Order to Correct the graffiti must be abated or an appeal must be filed pursuant to FWCC la-57 within 10 davs of issuance of the Notice of Graffiti Violation and Order to Correct; and (5) A statement that, ifthe Notice of Graffiti Violation and Order to Correct is not appealed and the violation is not abated, or if the Notice of Graffiti Violation and Order to Correct is appealed and the hearings examiner so orders that; a monetary penalty in an amount of$1 00 per day, plus fees, costs, and assessments, for each violation shall accrue against the responsible party for each and every day, or portion of a day, on which the violation continues following 48 hours after issuance of the Notice of Graffiti Violation and Order to Correct; and/or that the violation may be summarily abated by the City with costs and penalties being assessed against the responsible party. (c) Service of Notice of Graffiti Violation and Order to Correct. The enforcement officer shall serve the Notice of Graffiti Violation and Order to Correct upon the responsible party, either by delivering it personally; or by mailing a coPy by registered or certified mail to the responsible party at his/her last known address. If service is not accomplished by personal service and if an address for mailed service cannot after due diligence be ascertained, notice shall be served by posting a coPy of the notice of civil violation conspicuously on the affected property or structure. (d) Continued duty to correct. Payment of a monetary penalty pursuant to this chapter does not relieve a responsible party of the duty to abate the violation. (e) Declaration of compliance.. When the violation has been abated and any penalty, fee, cost, or assesment paid, the enforcement officer shall issue a letter which shall so state, and shall also record the date upon which the violation was fully corrected, beyond which no further penalty shall accrue. 10-55 Civil infraction. Any violation of this Article which occurs more than 48 hours after a Notice of Graffiti Violation and Order to Correct has been served constitutes a civil infraction by the responsible party. Each and every day, or portion of a day, on which the violation continues from that point constitutes a separate infraction. Infractions issued under this section shall be governed by FWCC 1-24 except that the maximum penalty and the default amount shall be $100 not including fees, costs, and assessments. The provisions of this section are not exclusive, and may be used in addition to other enforcement provisions authorized by this Article, the Federal Way City Code in general, or other applicable law, except as specifically precluded by law. 10-56 Monetarv penalties. (a) If a responsible party is served with a Notice of Graffiti Violation and Order to Correct and, after 10 days ofissuance, the violation is not abated and the Notice of Graffiti Violation and Order to Correct is not appealed, or if the Notice of Graffiti Violation and Order to Correct is appealed and the hearings examiner so orders, a penalty shall be assessed in an amount of$l 00 per day plus fees, costs, and assessments for each and every day, or portion of a day, on which the violation continued following 48 hours after issuance of the Notice of Graffiti Violation and Order to Correct. (b) The Director of the Community Development Department or designee, or the hearings examiner, may in his or her discretion waive in whole or part the monetary penalty upon a showing ORD# , PAGE 4 that abatement has occurred or is no longer necessary, or that the penalty would cause a financial hardship for the responsible party. (c) Any monetary penalty assessed must be paid to the City within 14 calendar days from the date of issuance of the hearing examiner's decision or a notice from the City that penalties are due. (d) The monetary penalty constitutes a personal obligation of the responsible party and shall be enforceable as a lien against the property upon which such nuisance existed, in addition to the other legal remedies available for enforcement of debts. The City may authorize the use of collection agencies to recover monetary penalties, in which case the cost of the collection process shall be assessed in addition to the monetary penalty. The Ci ty Attorney is authorized to collect the monetary penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the accrual of additional per diem monetary penalties so long as the violation continues. The City may incorporate any outstanding penalty into any costs the City incurs through abatement pursuant to FWCC 10-58 or vice versa. 10-57 Appeals to the bearinl!s examiner. (a) General. A responsible party to whom a Notice of Graffiti Violation and Order to Correct is . directed may appeal to the hearing examiner. The person appealing may appeal either the determination that a violation exists, the amount of any monetary penalty imposed, the corrective action ordered, or any combination thereof. The City may also request a hearing before the hearings examiner to assess penalties, modify previous orders, or to enter other orders as needed. [fno appeal is filed within 10 days of issuance, the Notice of Graffiti Violation and Order to Correct shall be final and conclusive and not subiect to appeal or review in any forum. (b) How to appeal. In order to appeal, a person must file a written notice of appeal with the City Clerk within lO calendar days from the date of issuance ofthe Notice of Graffiti Violation and Order to Correct, specifying what issue is being appealed. The appeal must be accompanied by a filing fee in the amount of$1 00.00, payable by cash or a check to the City of Federal Way, which is refundable in the event the appellant fully prevails on the appeal. The filing fee is waived in cases where the City requests the hearing. (c) Effect of appeaL The timely filing of an appeal in compliance with this section shall stay the requirement for abatement. The monetary penalty for a continuing violation does not continue to accrue during the pendency of the appeal; however, the hearing examiner may impose a daily monetary penalty starting from 48 hours after the date of issuance of the Notice of Graffiti Violation and Order to Correct ifhe or she finds that the appeal is frivolous or intended solely to delay compliance. (d) Hearing. (1) Date of hearing. Within 10 days ofthe Clerk's receipt ofthe appeal, the hearing examiner shall set a public hearing for a date within 30 days of the Clerk's receipt of the appeal (2) Notice of hearing. The notice shall contain the following: a. the file number and a brief description of the matter being appealed. b. A statement of the scope onhe appeal, including a summary of the errors alleged and the findings and/or legal conclusions disputed in the appeal. c. The date, term, and place of the hearing on the appeal. (3) Distribution of notice. The notice shall be mai led to the City, the responsible party, and/or the appellant at least 10 calendar days before the hearing on the appeal. ORD# , PAGE 5 ~ (4) Participation in the appeal. The City and the appellant may participate as parties in the hearing and each may call witnesses. Any person may participate in the hearing in either or both of the following ways: a. By submitting written comments to the hearing examiner, either by delivering these comments to the Clerk prior to the hearing or by giving these directly to the hearing examiner at the hearing. b. By appearing in person, or through a representative, at the hearing and making oral comments directly to the hearing. The hearing examiner may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (5) Conduct of hearing. The hearing examiner shall conduct the hearing on the appeal pursuant to the rules of procedure of the hearing examiner. The City shall have the burden of pro of by a preponderance of the evidence that a violation has occurred, that the amount of monetary penalty assessed was in compliance with the provisions ofthis Article, or that abatement is needed to cure the violation. The hearing examiner shall make a complete electronic sound recording of the public hearing. (6) Continuation of the hearing. The hearing examiner may continue the hearing if the hearing examiner determines that he or she needs more information on the matter. The hearing examiner may continue the hearing by stating the time and place of the next hearing during the hearing, without need of providing any further notice. (e) Decision of hearing examiner. (1) Issuance. The hearing examiner shall issue an oral decision at the time of the hearing unless good cause exists to delay the decision. The hearing examiner shall issue a written decision, including findings, conclusions, and orders within 14 days of the hearing. The appellant is required to comply with any decision of the hearings examiner whether oral or written upon issuance. .(2) Vacation of Notice of Graffiti Violation and Order to Correct. l[the hearing examiner determines that there is insufficient evidence that a violation substantially as stated in the Notice of Graffiti Violation and Order to Correct exists, the hearing examiner shall vacate the Notice of Graffiti Violation and Order to Correct, and order the appeal fee refunded. (3) Affirmance. If the hearing examiner determines that there is sufficient evidence that a violation exists, the hearing examiner shall affirm the Notice of Graffiti Violation and Order to Correct, shall impose a monetary penalty in an amount of $100 per day plus fees, costs, and assessments for each and every day, or portion of a day, On which the violation continued following 48 hours after issuance of the Notice of Graffiti Violation and Order to Correct until the notice of appeal was filed except that the hearing examiner may impose a daily monetary penalty starting from 48 hours after the date of issuance of the Notice of Graffiti Violation and Order to Correct regardless of the time during which an appeal was filed ifhe or she finds that the appeal is frivolous or intended solely to delay compliance. The hearings examiner shall also order the violation be abated by the responsible party and set a date for compliance no later than 48 hours from the date and time of the hearing. (4) Modification. If the hearing examiner determines that the monetary penalty was not calculated correctly, that there is substantial evidence that abatement has occurred or is no longer necessary, or that there is substantial evidence that the penalty would cause a financial hardship for the responsible party, the examiner may modify the penalty amou~L If the hearings examiner may ORD# , PAGE 6 order a compliance date for abatement later than 48 hours from the date of the hearing if good cause is found. Ln so ordering, the hearing examiner shall consider the following: a. Whether the intent of the. appeal was to delay compliance; b. Whether the appeal was frivolous; c. Whether the applicant exercised reasonable, timely, and good faith effort to comply with the Notice of Graffiti Violation and Order to Correct; and/or d. Any other relevant factors. (5) Effect of decision. Failure to comply with the decision of the hearing examiner shall constitute a grOSS misdemeanor punishable by a fine of not more than $5,000 or up to 365 days imprisonment, or both. I.n addition to criminal punishment pursuant to this subsection, the City may pursue any other enforcement authorized by law. (f) Judicial review. Judicial review of a decision by the hearing examiner may be sought by any party aggrieved or adversely affected by the decision, if the written petition seeking review is filed and served on all parties within 21 days of the date of the decision. Filing of a petition for review does not stay any required action or penalty without further order of the hearings examiner or a court having jurisdiction over the matter. 10-58 Abatement by City_ (a) Authority to Abate. The City may abate graffiti when any responsible party fails to abate a violation within 10 days of an unappealed Notice of Graffiti Violation and Order to Correct or as ordered by the hearings examiner pursuant to this Article. The City may use agents, contractors, or volunteers under its direction, who may act pursuant to this Article. (b) Authorized Action by the City. Using any lawful means, the City is expressly authorized to enter upon the premises to abate graffiti during regular business hours or at times mu~ally agreeable with the responsible party. All reasonable efforts to minimize damage from such entry shall be taken by the City. The City shall not authorize nor undertake to provide for the painting or repair of any more extensive area than the area where the graffiti is located. The City may seek such judicial process as it deems necessary to effect the abatement. ( c) Recovery of Costs and Expenses. The responsible party and/or the owner shall be jointly and severally liable for the costs, including incidental expenses, of any abatement by the City and such costs shall constitute a personal obligation and a debt owed to the City and shall oe enforceable as a lien against the property upon which such nuisance existed, in addition to the other legal remedies available for enforcement of debts. The costs shall become due and payable to the City within 14 calendar days from the date of notice from the City that costs are due. The term "incidental expenses" includes but is not limited to personnel costs, both direct and indirect, including attorney's fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the City in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; collection costs whether direct or indirect, and the costs of any required printing and mailing.. An enforcement officer or hearings examiner may, in his or her discretion, waive in whole or part, the assessment of costs and expenses subsequent to abatement or upon a showing financial need. The City may authorize the use of collection agencies to recover costs. The City Attorney is authorized to collect the costs by use of appropriate legal remedies. ORD# , PAGE 7 (d) Interference. No person shall obstmct, impede. or interfere with the City or its agents, or with any person who owns, or holds any interest or estate in any property, in performing any tasks necessary to correct the violation. 10-59 Warrants autho.-ized if needed. (a) A warrant to enter the property to inspect or abate under this Article shall not be required for graffiti visible from outside of the property and accessible from normal access routes from the public right of way (b) A iudge or commissioner of the Municipal Court of the City of Federal Way or other court with iurisdiction, upon a proper oath or affirnlation showing compliance with the Article and probable cause that a violation is present on a property, shall have power to issue a warrant directed to a state or local official authorizing the official to enter the property to inspect or abate. (c) A warrant shall issue only upon application of an enforcement officer or employee of a prosecuting or regulatory authority supported by declaration or affidavit made under oath or upon sworn testimony before the iudge and establishing probable cause for the issuance of the warrant and particularly describing the property and the violation. For purposes of this section, probable cause exists if there is reasonable cause to believe that a violation is present upon the particular property to be entered. (d) If the judge or commissioner is satisfied that the standard for issuing a warrant has been met, the iudge or commissioner shall issue the warrant. The warrant must particularly describe the property, the violation, and the action to be taken. (e) A warrant issued pursuant to this section must be executed and returned within ten days unless, upon a showing of a need for additional time, the period is extended or renewed by a iudge or commissioner upon a finding that such extension or renewal is in the public interest. A copy of the warrant and a receipt for abatement taken pursuant to the warrant shall be given to the person whose property is entered, or if the person is not at the property, the copy shall be left in or On the property that was entered or from which property was taken. The return of the warrant shall be promptly made accompanied by a written inventory of any property taken. A copy of the return shall be attached to the warrant and filed with the Clerk of the court. 10-60 Provisions not exclusive. The provisions of this chapter are not exclusive, and may be used in addition to other enforcement provisions authorized by the Federal Way City Code or other applicable law, except as specifically precluded by law. SECTION 3. Chapter 22, Article XVIII, Section 22-1597 of the Federal Way City Code shall be amended to read as follows: 22-1597 Delin itions. The following words, terms and phrases, when lIsed in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: ORD# , PAGE 8 (I) Abandoned sign means any sign remaining in place after a sign has not been maintained for a period of90 or more consecutive days or i fthe activity conducted on the subject property ceases for \80 consecutive days. (2) Administrator means the director of community development or his/her designated representative. (3) Advertised activity for freeway profile signs. For the purpose of measuring from the advertised activity for an individual business, the distance shalI be measured from the sign to the nearest portion of that building, storage, or other structure or processing area which is the most regularly used and essential to the conduct of the activity; and for a center identification sign, which identifies businesses within a multi-tenant complex, the distance shall be measured from the sign to the nearest portion of the combined parking area of the subject property. (4) Animated or moving sign means any sign that uses movement or the appearance of movement of a sign display through the use of patterns of lights,. changes in color or light intensity, computerized special effects, video display, or through any other method, chasing or scintillating lights, fluttering or moving lights, lights with stroboscopic effect, or containing elements creating sound or smell; except for the scrolling of a static message, scene, or color onto oroffa sign board in one direction per message. (5) Architectural embellishments - Signs means the aesthetic elements of the s.tructure that includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or sign base, but ~re solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign. (6) Awning means a shelter projecting from and supported by the exterior wall of the building and which is constructed of a noncombustible framework and covered by a flexible or nonrigid fabric. Awnings can be fixed, retractable, or collapsible. Any structure that extends above the adjacent parapet or roof of a supporting building is not included within the definition of awning. (7) Awning or canopy sign means a non-electric sign on the vertical surface or flap that is printed on, painted on, or attached to an awning or canopy. Illumination for the awning or canopy shall be for safety purposes only, and therefore, shall point toward the ground and not illuminate the canopy. (See also "Marquee sign.") () '\ -8= El .~.t' _ "'- /. - .;~/ 7/ - ;'$" .//, - /~... ,'V - 1- //- ...~ J.CtffiOfl,(roOl -I'llvi 31GB .,'<WI .. Figllre 1- Awning or Canopy Sign (8) Balloon means a decorative infl.atable device, generally composed of a thin la'yer oflatex or mylar, into which a gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere. (See also "Inflatable advertising device.") (9) Banner means a sign made of fabric or any nonrigid material with no enclosing framework. ORD# , PAGE 9 (10) Billboard means permanent outdoor advertising off-site signs containing a message, commercial or otherwise, unrelated to any use or activity on the subject property on which the sign is located, but not including civic event signs, signs oriented to the interior of sports fields, government signs, or instructional signs. (II) Bui Iding-mounted signs means any sign attached to the facade or face of a building or mansard roof including without limitation wall signs, marquee signs, under canopy signs and projecting signs. (12) Cabinet sign means a sign constmcted of a box, rigid material, or framework over or within which is secured the sign copy, text graphics, or other sign elements. Cabinet signs may have either interior or exterior illumination. -8 I - ,~-"/ ..-...... - _. .-'"# .......y .~ ~. ~/ ?///~ - - II - 9., ......... ......,..... ....., ........... ., r E -- ~:;.... .p...; Figllre 2 - Cabinet Sign (13) Canopy - Building means a rigid, multi-sided stmcture covered with fabric, metal, or other material and supported by a building at one or more points or extremities and by columns or posts embedded in the ground at other points or extremities. Any stmcture which extends above any adjacent parapet or roof of the supporting building is not included within the definition of a building canopy. (14) Canopy - Freestanding means a rigid, multi-sided structure covered with fabric, metal, or other material and supported by one or more posts embedded in the. ground. (15) Canopy sign. See "Awning or canopy sign." (16) Center identi fication sign means a building-mounted or freestanding sign that identifies the name and/or logo of a development containing more than one office, retail, institutional or industrial use or tenant and which may separately identify the tenants. (17) Changeable copy sign means a sign whose informational content can be changed or altered (without changing or altering the sign frame, sign supports or electrical parts) by manual or electric, electro-mechanical, or electronic means. A sign on which the message changes more than eight times a day shall be considered an electronic changeable message sign and not a changeable copy sign for purposes of this chapter. A sign on which the changing is an electronic or mechanical indication of time and/or temperature shall be considered a "time and temperature" sign and not a changeable copy SIgn. (18) City means the city of Federal Way, a Washington municipal corporation, unless the context clearly indicates otherwise. (19) Clearview zone means the definition set forth in FWCC 22-1151 et seq: of this Code for intersection sight distance requirements. (20) Community service event or civic event means an event or gathering (such as a food fest, concert, fun mn, cultural exhibition, or charitable fund raising event) sponsored by a private or ORD# ,PAGEIO public nonprofit organization. Sponsoring organizations can include, but are not limited to, schools, churches, and/or civic fraternal organizations, theater and arts groups, and charitable organizations. The event may not be primarily for the purpose of selling or promoting merchandise or services. (21) Construction sign means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Construction signs also include "Coming Soon" and "Open During Construction" signs. (22) Copy means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form. (23) Directional sign, on-site means a sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs). (24) Electrical sign means a sign or sign structure in which electrical wiring, connections, or fixtures are used. (25) Electronic changeable message sign means an electronically activated sign whose message content, either whole or in part, may be changed by means of electronic progr:amming. (26) Exposed building face means the building exterior wall of a single occupant building or the building exterior wall of an individual tenant's leased space in a multi-tenant complex, including the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation for building-mounted signs. (27) Facade means the entire building front including the pafapet (28) Festoons means a string of ribbons, tinsel, small flags, Of pinwheels. (29) Flag means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem or for decoration. (30) Flashing sign means a sign when any portion of it changes light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination. (31) Freestanding sign means a sign supported permanently upon the ground by poles, pylons, braces or a solid base and not attached to any building. Freestanding signs include those signs otherwise known as "pedestal signs," "pole signs," "pylon signs," and "monument signs." Sign Height ORD# ,PAGE) I Sign Heighl Figure 3 - Froeestanding Sign (32) Frontage means the length of the property line along any public right-of-way on which it borders. (33) Frontage, building means the length of an outside building wall on a public right-of-way. (34) Fuel price sign means a sign displaying the price of fuel for motorized vehicles. (35) Graffiti means the inscription of symbols, words, or pictures by painting, spray painting or other means of defacing public or private property. Repealed (36) Grand opening means a promotional activity used by newly established businesses to inform the public oftheir location and services available to the community. A grand opening does not mean an annual or occasional promotion of retail sales or other services, and does not include a change in ownership, remodeling, or other change incidental to the initial establishment of the business. (37) Ground-mounted sign means a pedestal sign, pole, pylon, monument sign, or any sign permanently affixed to the ground. (38) Government sign means any temporary or permanent sign erected and maintained by any city, public utility, county, state, or federal government for designation of or direction to any school, hospital, hospital site, property, or facility, including without limitation traffic signs, directional signs, warning signs, informational signs, and signs displaying a public service message. (39) Height (of a sign) means the vertical distance measured from the highest point of the sign to the grade of the adjacent street or the surface grade beneath the sign, whichever is less. (40) Identification sign means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified. (41) Identification sign (subdivision) means a freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development. (42) Illuminated sign means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. (43) Incidental sign means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours of business). (44) Inflatable advertising device means, an advertising device that is inflated by some means and used to attractattention, advertise, promote, market, or display goods and/or services. These devices include large single displays or displays of smaller balloons connected in some fashion to create a larger display. (45) Instructional sign means a sign which designates public information including, without limitation, public restroom si.gns, public telephone signs, exit signs and hours of operation signs. ORD# ,PAGE 12 (46) lntegral sign means a sign displaying a building date, monument citation, commemorative inscription, or similar historic infomlation. (47) Kiosk means a freestanding sign, which may have a round shape or which may have two or more faces and which is used to provide directions, advertising or general information. (48) Maintenance means the cleaning, painting, and minor repair of a sign in a manner that does not alter the basic design, size, height, or structure of the sign. (49) Marquee sign means any sign attached to or supported by a marquee, which is a permanent roof-like projecting structure attached to a building. (50) Menu board means a permanently mounted sign advertising the bill of fare for a drive-in or drive-through restaurant. (51) Monument sign means a freestanding sign supported permanently upon the grQund by a solid base oflandscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. (See drawing set forth in FWCC 22-1602( c )(2), Figure 8.) (52) Multi-tenant complex means a complex containing two or more uses or businesses. (53) Multiuse complex means the definition of "multiuse complex" set forth in FWCC 22-1. (54) Mural means a design or representation that is painted or drawn on the exterior surface of a structure and that does not advertise a business, product, service, or activity. (55) Nameplate means a non-electric on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants of the building. (56) Neon (outline tubing) sign means a sign consisting of glass tubing, filled with neon gas, or other similar gas, which glows when electric current is sent through it. (57) Nonconforming sign means any sign, which was legally in existence on the effective date of this Code, February 28, 1990, or on the effective date of annexation iflocated in areas annexed to the city thereafter, but which does not comply with this Article or any other sections of this Code. (58) Notice of determination means the determination that the city issues as to whether a sign conforms to this Article and other sections of this Code. (59) Obsolete sign means a sign that advertises a product that is no longer made, a business that is no longer in operation, or an activity or event that has already occurred, except for historical signs. (60) Off-site sign means a sign relating, through its message and content, to a business activity, use, product, or service not available on the subject property on which the sign is located. (61) On-site sign means a sign which contains only advertising strictly applicable to a lawful use of the subject property on which the sign is located, including without limitation signs indicating the business transacted, principal services rendered, and goods sold or produced on the subject property, or name of the business and name of the person occupying the subject property. (62) Person means any individual, corporation, association, firm, partnership, or other legal entity. (63) Pedestal means freestanding signs supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. Such base shall be equal to at least 50 percent of the sign width. (See drawing set forth in FWCC 22- 1602(c)(I), Figure 6.) (64) Point of purchase display or sign means an advertisement for an item accompanying its display indicating only instructions and the contents or purpose of the item (e.g., an advertisement on ORD # , PAGE \3 a product dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.). (65) Pole or pylon signs means freestanding signs supported permanently upon the ground by poles or braces of materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property and not attached to any building. (See drawing set forth in FWCC 22-1602(c)( 1), Figure 7.) (66) Political signs means temporary signs advertising a candidate or candidates for public elective office, or a political party, or sighs urging a particular vote on a public issue decided by . ballot in connection with local, state, or national election or referendum. (67) Portable sign means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. Portable signs di ffer from temporary signs in that portable signs are made of durable materials such as metal, wood, or plastic. (68) Pre-opening sign means a temporary sign which identifies a new business moving into a new tenant space or building. The sign must include the name of the business and copy stating the business will open soon (e.g., "Coming Soon..." "Opening Soon...", etc.). (69) Private advertising sign means a temporary sign announcing an event, use or condition of personal concern to the sign user including without limitation "garage sale" or "lost animal" signs. (70) Private notice sign means a sign announcing a restriction or warning regarding the subject property, such as, but not limited to, "no trespassing" or "beware of dog:" (71) Projecting sign means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support" the sign. ORD #__, PAGE 14 (SIGN ) o 0 I I Figure 4 - Projecting Si go (72) Public right-of-way means land owned, dedicated or conveyed to the public, used primarily for the movement of vehicles, wheelchair and pedestrian traffic and land privately owned, used primarily for the }TIovement of vehicles, wheelchair and pedestrian traffic, so long as such privately owned land has been constructed in compliance with all applicable laws and standards for a public right-of-way. (73) Real estate, off-site sign means a portable or temporary sign announcing the proposed sale of property other than the property upon which the sign is located and providing directions to the subject property. (74) Real estate, on-site sign means a sign placed on the subject property and announcing the sale or rental of the subject property. (75) Registration sticker means the sticker that is assigned to a sign that has been inventoried and has been determined to comply with this Article and other sections of this Code. (76) Roof sign means any sign erected, constructed, or placed upon, over, or extended above any portion ofthe roof of a building or structure, excluding signs affixed to the vertical face of a mansard or gambrel style roof, in which case a roof sign is any sign erected, constmcted, or placed upon, over, or extended above the lowest vertical section of a mansard or gambrel roof. (77) Sign means any communication device, stmcture, fixture, or placard that uses colors, words, letters, numbers, symbols, graphics, graphic designs, figures, logos, trademarks; and/or written copy for the purpose of: (a) Providing information or directions; or (b) Promoting, identifying, or advertising any place, building, use, business, event, establishment, product, good, or service, and includes all supports, braces, guys, and anchors associated with such sign. Painted wall designs or patterns which do not represent a product, service, or registered trademark, and which do not identify the user, are not considered signs. If a painted wall design or pattern is combined with a sign, oniy that part of the design or pattern which cannot be distinguished from the sign will be considered as part of the sign. (78) Sign area means the entire area of a sign on which colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademarks and/or written copy is to be placed, excluding ORD# ,PAGEI5 sign stmcture, architectural embellishments and framework. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or written copy; provided, however, that individual letters, numbers or symbols using a canopy, awning or wall as the background, without added decoration or change in the canopy, awning or wall color, have sign area calculated by measuring the perimeter enclosing each letter, number or symbol and totaling the square footage of these perimeters. Grocery I C+r+o+c+e+r+-y = Sign Area I 'a" I l I"b- J .c" I a x ( b-tc+d-t@ ) ;; Sign ArntJ I Figure 5 - Calculating Sign Art (79) Sign face means the area of a sign on which the colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademark and/or written copy is placed. (80) Sign inventory sticker means the sticker that is assigned to any sign after it has been inventoried and determined to be a legal nonconforming sign. ORD# , PAGE 16 (81) Sign inventory sticker number means the inventory number that is assigned to a sign after it has been inventoried and detemlined.to be a legal nonconforming sign. (82) Sign registration means the approval issued to any sign that has an approved sign permit and that has passed all inspections required by the city, or is in conformance with this Code after an analysis conducted as part of a sign inventory. (83) Snipe sign means a temporary sign or poster posted on trees, fences, light posts or utility poles, except those posted by a government or public utility. (84) Temporary sign means a sign not constructed or intended for long-teml use. (85) Tenant directory sign means a sign for listing the tenants or occupants and then suite numbers of a building or center. (86) Time and temperature sign means any sign that displays the current time and temperature, without any commercial message. (87) Under canopy sign means any sign intended generally to attract pedestrian traffic suspended beneath a canopy or marquee which is at a 90-degree right angle to the adjacent exposed building face and which contains no commercial messages other than the name of the business. (88) Vehicle sign means a sign temporarily affixed or attached to a parked vehicle for the purpose of advertising a product or service, or providing directions to such products or services. (89) Wall sign means either a sign applied with paint or similar substance on the surface of a wall or a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no copy on the side or edges. (90) Warning sign means any sign which is intended to warn persons of prohibited activities such as "no trespassing," "no hunting," and "no dumping." (91) Window sign means all signs affixed to a window and intended to be viewed from the exterior of the structure. SECTION 3. Chapter I, Article XVUI, Section 22-1600 of the Federal Way City Code shall be amended to read as follows: 22-1600 Prohibited signs. The following signs or displays are prohibited in all zones within the city. Prohibited signs are subject to removal by the city at the owner's or user's expense pursuant to FWCC 22-1604: (1) Abandoned or obsolete signs. (2) Animated or moving signs. (3) Banners, except as expressly allowed pursuant to Table 1 and FWCC 22-1 599(d)(2)(f). (4) Billboards. (5) Dilapidated, nonmaintained signs. (6) Flashing signs, except electronic changeable message signs or c:hangeable copy signs. (7) Graffiti. f&j Inflatable advertising devices, except as expressly allowed in FWCC 22-1599(e). (9~) Mylar balloons. (W.2) Obstructing signs which obstruct or interfere with free access to or egress from a required exit from a building or structure. (UlQ) Off-site signs except those expressly allowed in this chapter. ORD# ,PAGE 17 (RlJJ Pennants, streamers, ribbons, spinners, whirlers, propellers, festoons, blinking lights, or similar items that attract attention through movement, reflection or illumination unless expressly allowed pursuant to Table 1 of this Article. (ell) Portable signs except as expressly allowed in FWCC 22-l599(d)(2). (MU) Real estate signs providing information other than the name ofthe development and that the subject property is for sale, lease or rent, such as signs which only announce the features or amenities of the subject.property (i.e., features such as indoor pool, hot tub, fireplaces, skylights, covered parking, free cable, laundromat services, community centers, etc.). (~11) Right-of-way signs including any sign in a public right-of-way except governmental signs. (M12) Roofsigns. (+1 l...Q) Simulations of traffic signs. Any sign using the words "stop," "look," or "danger," or any other words, symbols, or characters in s~ch a manner as to interfere with, mislead, or confuse pedestrian or vehicular traffic. (+&lZ) Snipe signs. (+9.lli) Vehicle signs including any sign attached to, or placed on, a parked vehicle or trailer used principally for advertising purposes, rather than transportation, but excluding signs relating to the sale, lease, or rental of the vehicle or trailer and excluding signs which identify a firm or its principal product on a vehicle operated during the normal course of business. SECTION 4. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. SECTION 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. SECTION 6. Declaration of Emergency - Effective Date. For the reasons set forth above, and to promote the objectives stated herein, the City Council finds that a public emergency exists, necessitating that this ordinance take effect immediately upon its passage by a majority plus one of the whole membership of the Council in order to protect the public health ORD tI ,PAGE 18 safety, property and general welfare. This ordinance shall take effect and be in force immediately upon passage by the City Council. PASSED by the City Council of the City of Federal Way this ,2007. day of CITY OF FEDERAL WAY MA YOR, MICHAEL PARK ATTEST: 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. K:\ord\2007\Graffiti2 ORD # , PAGE 19 COUNCIL MEETING DATE: March 20, 2007 ITEM #: 6-b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Proposed Ordinance To Add A Prohibition Against The Possession Of Graffiti Tools. POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED ORDINANCE TO ADD A PROIDBITION AGAINST THE POSSESSION OF GRAFFITI TOOLS AND CHANGE THE PENALTIES FOR THE PURPOSE OF PROVIDING ENHANCED POLICE AND COMMUNTIY SAFETY? COMMITTEE: PARKS RECREATION & PUBLIC SAFETY MEETING DATE: CATEGORY: D Consent D City Council Business STAFF REpORT By: JENNI SNELL IZI Ordinance D Resolution D D Public Hearing Other DEPT: Law The City of Federal Way currently criminalizes Graffiti and provides a mandatory minimum jail sentence. It is difficult to locate and apprehend people who are committing the offense of Graffiti. The proposed ordinance makes it an offense to possess graffiti tools in circumstances that shows intent to commit the crime of Graffiti. Similar to the criminalization of Possession of V ehic1e Prowl Tools to combat the crime ofVehic1e Prowl, this ordinance allows police to apprehend and prosecute people who are preparing and planning to commit Graffiti without having to catch them in the act. Options Considered: 1. Approve the proposed ordinance and move to the City Council meeting on March 20th, 2007 for approval and enactment.tt1a. tll}\.-~-e-rJ.. .\";,.. ffO''''li~- \s'Y ~n-J..w...,~~ . et'.f"Ur~e-+ _..__.._._.m.m.._.._.____m.__.__....___.._._.___._._~.:.R~_P"~.!__~PP.!~,::~..!!1~..P~~"p_~~.~.~...~~~lnance. .___._m____...____.____.___._..____._______.._._....__...._..__..._....__.._.______. STAFF RECOMMENDATION: Approve the proposed ordinance and move to the City Council meeting on March 20th, 2007 for approval and enactment. Committee Council DIRECTOR ApPROVAL: ~ Committee Council CITY MANAGER ApPROVAL: COMMITTEE RECOMMENDATION: ROPOSED COUNCIL MOTION: (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 # CITY OF FEDERAL WAY MEMORANDUM DATE: March 20,2007 TO: City Council Members VIA: Neal Beets, City Manager FROM: Patricia A. Richardson, City Attorney .f'f\12.-- SUBJECT: Proposed Ordinance to Add Crimes of Aggravated Graffiti and a Prohibition Against the Possession of Graffiti Tools and Change Penalties. Backeround Information: At the Parks, Recreation and Public Safety Committee meeting on March 13,2007, the Committee directed staff to add provisions to Federal Way City Code 6-215 to more aggressively penalize perpetrators of graffiti. The direction was to provide for graduated enforcement. The relevant state statute, RCW 9A.48.090(1)(b), articulates the elements of malicious mischief in the third degree and uses language nearly identical to the FWCC 6-215 definition of "graffiti". Therefore, the City is unable to impose more stringent penalties. Instead, the proposed, modified ordinance adds a new crime of "aggravated graffiti" which does not have a parallel state statute. Consequently, the City can then implement stiffer penalties against perpetrators of graffiti (i.e., mandatory minimum jail for the 1 51 offense is 5 days, 2nd offense is 10 days, 3rd + offenses are 30 days). The Court retains discretion to sentence up to One year in jail and fines up to $5,000. The modified Proposed Ordinance is attached. Any additions made subsequent to the Parks, Recreation and Public Safety Committee meeting have been double-underlined. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6, ARTICLE IX, SECTION 6-215 OF THE CRIMINAL CODE OF THE CITY OF FEDERAL WAY TO ADD THE CRIME OF AGGRAVATED GRAFFITI AND A PROHIBITION AGAINST THE POSSESSION OF GRAFFITI TOOLS AND CHANGE THE PENALTIES (Amending Ordinance No. 94-208) WHEREAS, among the responsibilities imposed on the City of Federal Way are those involving enforcement of ordinances proscribing violations of criminal laws adopted as a part of the Fe~eral Way City Code; and WHEREAS, the provisions of the Federal Way City Code include identification of certain criminal violations in its criminal code designed to provide for public safety within the City and to meet specific needs of the City; and WHEREAS, graffiti is a serious problem that is associated with gang activity, signals an increase in crime, generates fear, is costly, lowers property values, and is economically detrimental to the citizens of Federal Way; and WHEREAS, the crime of graffiti is growing within the City; and WHEREAS, to better meet the needs ofthe City, and to address specific areas of criminal conduct regulation, it is appropriate to add to the current provisions dealing with possession of graffiti tools; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORD# , PAGE 1 SECTION 1. Chapter 6, Article IX, Section 6-215 of the Federal Way City Code shall be amended to read as follows: 6-215 Graffiti. (a) Prohibited.. No person shall commit the offense~ of graffiti. aggravated graffiti. or possession of graffiti tools. (b) Graffiti Defined. A person is guilty of the offense of "graffiti" if he or she willfully defaces public or private property including any property of the city by painting, spray painting, or defacing property through the inscription of symbols, words, or pictures being transferred onto the face of said private or public property, unless the person is the owner or does have control or custody of the property, or ha$ prior consent of the owner or tenant in lawful possession of such private property, or unless the act is done under the personal direction of said owner or tenant and provided such graffiti will not cause a public nuisance or be in violation of any other state or local laws, rules, or regulations. (c) Af!f!ravated Graffiti Defined. A oerson is guiltv ofthe offense of "aggravated graffiti" if he or she has been oreviouslv convicted of "graffiti". or malicious mischief in the third degree. or a similar offense. and commits the offense of "graffiti". ~ (d)Possession of Graffiti Tools Defined. A person is guiltv ofthe offense of "possession of graffiti tools" if he or she possesses a pressurized container, marker pen, acid etch or any other obiect capable of defacing property, under circumstances demonstrating an intent to commit graffiti. (et &a ~ PenaltYies. Any person violating the provision~ of this section shall be guilty of a gross misdemeanor and there shall be imposed a mandatory minimum sentence 0[30 days injail and shall, in addition to any other fine imposed, be further subject to a mandatory imposition of ORD# , PAGE 2 assessment of costs pursuant to Chapter 10.64 RCW (1993 Session Laws, Chapter 355), in the amount of$50.00 per day of jail actually imposed; and in addition to this penalty, such person may in the sound discretion ofthe court, be directed by the court to erase and remove from any public place or any public property or any private property with the permission of the owner or the person in possession of the property upon which it is established that such person has committed the offense of "graffiti," any and all graffiti inscribed thereon by anyone prior to the date of the execution of the sentence. In addition to anv financial oenalties under this section. anv oerson found guiltv of "aggravated graffiti" shall be ounished bv imorisonment of not less than five (5) davs uoon the first such conviction: imorisonment of not less than ten (10) davs uoon the second such conviction: and imorisonment of not less than thirtv (30) davs uoon the third or subseauent convictions. SECTION 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. SECTION 3. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. . SECTION 4. Declaration of Emergency and Effective Date. For the reasons set forth above, and to promote the objectives stated herein, the City Council finds that a public emergency ORD# , PAGE 3 exists, necessitating that this ordinance take effect immediately upon its passage by a majority plus one of the whole membership of the Council in order to protect the public health, safety, property and general welfare. This ordinance shall take effect and be in force immediately upon passage by the City Council. PASSED by the City Council ofthe City of Federal Way this _ day of 2007. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHAWAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, P A TRlClA A. RlCHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\Ordinance\2007\graffiti tools. doc ORD# ,PAGE 4 COUNCIL MEETING DATE: March 20, 2007 ITEM #: 6-c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amendment to and Codification of City Center Planned Action Ordinance POLlCY QUESTION: Should the City Center Planned Action Ordinance (Ord. #07-547) be amended to be applicable to demolition of existing buildings and/or parking facilities in addition to the development thresholds already identified in the Ordinance? And should the City Center Planned Action Ordinance, as amended, be codified in FWCC Chapter 18, Article II, "Environmental Policy," Division 3 "Categorical Exemptions and Threshold Determinations," by adding a new Section 18-83, "City Center Planned Action?" COMMITTEE: ECONOMIC DEVELOPMENT MEETING DATE: 3/20/07 CATEGORY: o Consent o City Council Business STAFF REPORT By: PATRICK DOHERTY (8] Ordinance o Resolution o o Public Hearing Other DEPT: CITY MANAGER Attachments: None. Summary/Background: On 2/20/07 the City Council approved and enacted the City Center SEP A Planned Action Ordinance. This Ordinance follows an Environmental Impact Statement (EIS) that disclosed the impacts of up to ten years' worth of land use development and redevelopment in a major portIon of the City Center. The EIS discussed the impacts resulting from both demolition ancl/or redevelopment of existing land uses and structures, as well as construction of new buildings and facilities housing retail, office, lodging, housing, institutional and parking uses. However, the recently adopted City Center Planned Action Ordinance did not expressly identify demolition of existing buildings and/or parking facilities in Section 3.C, "Planned Action Qualifications." As such, without amendment, stand-alone demolition projects (i.e., prospective demolition not immediately associated with a new construction project) would not technically be able to follow the Planned Action Ordinance's streamlined environmental review provisions. Yet such demolitions were contemplated in the EIS and the Planned Action Ordinance should be applicable to them. In addition, the City Center Planned Action Ordinance was not originally codified in the Federal Way City Code. For greater ease of access and use, the City Center Planned Action Ordinance should be codified together with the SEP A regulations in Chapter 18, Article II, "Environmental Policy," Division 3, "Categorical Exemptions and Threshold Determinations," by adding a new Section 18-83, "City Center Planned Action." Options Considered: 1. Add "demolition of existing buildings and/or parking structures" to the list of developments that qualify as Planned Actions in the City Center Planned Action Ordinance and codify the City Center Planned Action Ordinance by adding a new Section 18-83, "City Center Planned Action," to FWCC Chapter 18, Article II, Division 3, "Categorical Exemptions and Threshold Determinations." 2. Make no amendment of the City Center Planned Action Ordinance. STAFF RECOMMENDATION: Option 1. CITY MANAGER ApPROV AL: ~ \ W ~ / ~.~ DIRECTOR ApPROVAL: ;(J1) ~ 12!im~' C / " ; { Committee Member COMMITTEE RECOMMENDATION: "[ move Option 1 to City Council for first readin PROPOS ''f move approval of Option / to second reading on 4/3/07." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDfDEFERREDINO ACfION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL Ii I ST reading Enactment reading ORDINANCE Ii RESOLUTION Ii ~. ?I,W'Ol CITY OF FEDERAL WAY ORDINANCE NO. 07- AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE NO. 07-547 ESTABLISHING THE CITY CENTER PLANNED ACTION PURSUANT TO RCW 43.21.031 AND PROVIDING FOR CODIFICATION. (Amending Ordinance No. 07-547) WHEREAS, the Federal Way City Council enacted Ordinance No. 07-547 on 2/20/07, establishing the City Center Planned Action, pursuant to RCW 43.21.031; and WHEREAS, Section 3.C establishes "Planned Action Qualifications" that specify what types and maximum" size of development proposals to which the Planned Action Ordinance shall be applicable; and WHEREAS, demolition of existing buildings and/or parking facilities was not expressly identified but was contemplated in the Planned Action Environmental Impact Statement and was intended to qualify as Planned Action projects. WHEREAS, in order for ease of use and to further public awareness of the planned action it has been determined the ordinance needs to be codified, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 Ordinance No. 07-547 shall be amended and codified as a new section added to Chapter 18, Article II, ENVIRONMENTAL POLICY, Division 3, Categorical Exemptions and Threshold Determinations, ofthe Federal Way City Code to read as follows: 18-83 City Center Planned Action UtlSeeti6R 1 Purpose. The City of Federal Way declares that the purpose of this ordinance is to: A. Combine environmental analysis with land use planning; and Ordinance No. 07- Page 1 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 43.2 1 C.031 RCW, and 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. {!USeetioR 2. Findings. The City of Federal Way finds 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. ~SeetioR 3. Procedures and Criteria for Evaluating and Determining Projects as Planned Actions. A. Planned Action Site. The Planned Action designation shall afply to the approximately 200 acre site generally bounded by South 31t 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. Ordinance No. 07- Page 2 Cit Center Summa Development Table Uses Develo ment Envel ------- lC City by the and the sed upon Ie City ion by he EIS. s to ty ope mg nner that ISEPA IS. rmitted t of B. Environmental Document. A planned action designation for a site-specifi application shall be based .on the environmental analysis contained in the C~nter Planned Action Environmental Impact Statement (EIS) completed City on September 8, 2006. "EIS" means the City Center Planned Action Environmental Impact Statement composed of the Draft EIS (June 2006) Final EIS (September 2006). The Mitigation Document (Exhibit B) is ba the analysis of the EIS. The Mitigation Document, together with applicab codes, ordinances and standards shall provide the framework for the decis the City to impose conditions on a planned action project. C. Planned Action Qualifications. I. Land Uses. The following uses are the primary uses analyzed in t i. Retail goods and services ii. Office 111. Lodging lV. Residential v. Civic VI. Structured parking 2. Development Thresholds. The Planned Action designation applie future development proposals that cumulatively do not exceed the Development Envelope established by the EIS, as shown in the Ci Center Summary Development table below: Retail 750,000 sf Office 350,000 sf Lad in 600 rooms Residential 750 units Civic 500,000 Structured Parkin 750 stalls The Planned Action designation also applies to demolition of exist buildings and/or parking facilities. If proposed plans significantly change the location of uses in a ma would alter the environmental determinations of the EIS, additiona review may be required. Additional environmental review may be conducted as an addendum or supplement to the Planned Action E Shifting the total build-out of development among uses may be pe so long as the total build-out does not exceed the aggregate amoun Ordinance No. 07- Page 3 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. 4. Transportation 1. Vehicle Trip Ranges. The ranges of vehicle trips reviewed in the EIS are as follows: Planned Action Trip resholds >V Time Period Total Trips AM Peak Hour 1,220 Saturday Peak Hour 2,816 PM Peak Hour 2,727 Th b 2009 Planned Action Trip Thresholds 2010-2014 Time Period Total Trips AM Peak Hour 919-1,073 Saturday Peak Hour 2,537-2,552 . PM Peak Hour 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 of2010-2014 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. 11. 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. 111. 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 of the environment identified in the EIS would not qualify as a Planned Action. Ordinance No. 07- Page 4 6. Time Horizon. The Planned Action designation is intended to be applicable until all development shown in the City Center Summary 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 Offi.cial or designee is authorized to designate a project application as a Planned Action pursuant to RCW 43.21C.031(2)(a), if the project meets all of the 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 SEP A 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 I. 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), SEPA appeal or any other additional review under SEPA. 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 SEPA 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 Director of Community Development Services shall notify the applicant, Ordinance No. 07- Page 6 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 SEP A review to those issues and environmental impacts not previously addressed in the EIS. @Seeti9R 4 Planned Action Area Monitoring. The City Center Planned Action Ordinance section 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 of 2009 to ensure continued applicability of the transportation analysis and impacts. Based upon this review, this Ordinance section may be amended as needed, and another review period may be specified. {tlSeeti9R 5 Conflict. In the event of a conflict between this the Ordinance section or any mitigation measures imposed pursuant thereto and any ordinance or regulation of the City, the provisions of this Ordinance section shall control. SECTION 3. Severability. Should any section, sentence, clause or phrase of this ordinance or the amendments to the Federal Way Municipal Code adopted h~reby 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. Ordinance No. 07- Page 7 SECTION 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. SECTION 4. Effective Date. This ordinance shall be in full force and effect 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 at a regular meeting of the City Council on the day of ,2007. ApPROVED: Mayor, Mike Park ATTEST: City Clerk, Laura Hathaway, CMC ApPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: Ordinance No. 07- Page 8 COUNCIL MEETING DATE: March 20,2007 ITEM #: 7-a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ST. FRANCIS HOSPITAL EXPANSION "CERTIFICATE OF NEED" REQUEST POLICY QUESTION: Should the City Support St. Francis Hospital's Proposed Expansion and their "Certificate of Need" request to the State Department of Health? COMMITTEE: This item did not go through a Council Committee CATEGORY: D Consent ~ City Council Business MEETING DATE: N/A D Ordinance ~ Resolution D D Public Hearing Other STAFF REpORT By: N/A DEPT: N/A __._M.____.._.__..._._____..___.._.__._H___.____._.____.________.__.._._.______...______________._._____.__ ATTACHMENTS: · Draft resolution expressing strong official Council support of St. Francis Hospital's planned expansion and its application for a Certificate of Need. · Draft letter of support to Department of Health BACKGROUND: In addition to the resolution, the Department of Health will conduct a public hearing at the South 320th Street Library on March 30, 2007 at I :00 PM to accept public testimony. Mayor Park, Councilmember Burbidge and Councilmember Kochrnar will testify on behalf of the City. Pending approval, a letter of support signed by the full Council will accompany the resolution. OPTIONS CONSIDERED: 1. Approve the resolution and a letter expressing support for the planned St. Francis Expansion. 2. Deny approval and provide staff with further direction. STAFF RECOMMENDATION: N/A CITY MANAGER ApPROVAL: N/A ~ DIRECTOR ApPROVAL: N/A Committee N/A Council Committee COMMITTEE RECOMMENDATION: N/ A PROPOSED COUNCIL MOTION: HI move the Resolution for approval. " (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 # RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, SUPPORTING AND ENDORSING ST. FRANCIS HOSPITAL'S CERTIFICATE OF NEED REQUQEST. WHEREAS, St. Francis Hospital is located within the City of Federal Way; and WHEREAS, the citizens and businesses of Federal Way have stated that convenient access to health care is a top priority; and WHEREAS, more than six hundred local residents were turned away from St. Francis in 2005, because the hospital lacked available beds; and WHEREAS, more than fifty babies were seen at hospitals outside Federal Way in 2005, because the hospital lacked the certification to care for them; and WHEREAS, the population of Federal Way has grown to 83,000; and WHEREAS, St. Francis Hospital has not added any beds since it first opened twenty years ago; and WHEREAS, the senior citizen population, who use more health care services than any other age group, has increased by approximately seventy-five percent; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of Federal Way recognizes that the proposed project of an investment of approximately $60 million to renovate the busy Emergency Department, and build a RES # , Page 1 new, expanded Intensive Care Unit, if approved, is a huge commitment to our community that will bring new jobs and promote development. Section 2. The City Council recognizes that the citizens expect and deserve a hospital that will provide care for them now and in the future. Section 3. The City Council strongly supports St. Francis Hospital's Certificate of Need Request. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of ,2007. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK RES # , Page 2 ATTEST: CITY CLERK, LAURA BATHA WAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: K: \Resolution\2007\St. Francis Cert Need RES # , Page 3 ,~ Federal Way CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com March 26, 2007 Karen Nidermayer Certificate of Need Program Department of Health PO Box 47852 Olympia, Washington 98504-7852 Dear Ms. Nidermayer: We are writing to express our support and unanimous endorsement for St. Francis Hospital's Certificate of Need Request now before you. We believe the hospital's proposal is essential. We have heard from local businesses and local citizens alike that convenient access to health care services is a top priority. The reasons for the hospital's expansion are undeniable: · More than 600 local residents were turned away from St. Francis Hospital in 2005 because the hospital lacked available beds; and, this problem is only getting worse with each passing day. · St. Francis Hospital has not added any hospital beds since it first opened 20 years ago, yet population growth in Federal Way continues to outpace many areas in the state. Federal Way has grown to 86,000 residents, and is larger than Auburn, Kent, Renton, and Redmond. · Our population of senior citizens, who use more health care services than any other age group, has increased by nearly 75 percent in the last 20 years. · In 2005, more than 50 babies were seen at hospitals outside Federal Way because the hospital lacked the certification to care for them. As new homes and younger residents continue to flock to our city every day, we expect this statistic will only increase. As a City Council, we also ask you to consider the economic implications associated with St. Francis Hospital. In the next five years, the hospital plans to invest about $60 million to renovate its busy emergency department, build a new and expanded intensive care unit and, if approved, build a new patient care tower with additional beds and hospital services. This commitment to our community by the hospital will bring new jobs to Federal Way and promote development as well. Federal Way is a growing, vibrant community and our residents deserve a hospital that will be there to care for them now and in the years to come. We urge you to fully support the St. Francis Hospital Certificate of Need. Attached you will find the Federal Way City Council's Resolution adopted in support of St. Francis' proposed expansion. Respectfully, Mike Park Mayor Jim Ferrell Deputy Mayor Jeanne Burbidge Council Member Jack Dovey Council Member Eric Faison Council Member Linda Kochmar Council Member Dean McColgan Council Member COUNCIL MEETING DATE: March 20, 2007 ITEM #: 7-b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ApPOINTMENT TO PARKS AND RECREATION COMMISSION POLICY QUESTION: Should the City Council appoint an Alternate to fill the unexpired term of a Parks and Recreation Commission member who resigned? COMMITTEE: N/A MEETING DATE: N/A . CATEGORY: D Consent D Ordinance D Public Hearing [8J City Council Business D Resolution D Other ~!AFF RE~OR~.~~!:.~ur~J!.atha~~)'_._________.______._.__..___.._.._._~EP~.: Ma.~agement ~:.~~~~___ Attachments: · Letter of Resignation from C.T. Purdom. . Email from Alternate Tom Medhurst · Parks Commission Roster Options Considered: 1. Appoint Mr. Medhurst to fill the unexpired term to April 30, 2009. 2. Appoint another Alternate to fill the unexpired term to Apri130, 2009. 3. Advertise for the position. STAFF RECOMMENDATION: Staff recommends Option 1. . I CITY MANAGER ApPROVAL: N/A \ I ~. DIRECTOR ApPROVAL: . N/A Committee Committee Council COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: H] move to appoint Mr. Medhurst to fill the vacant, unexpired term through April 30, 2009. " (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 # Date: March 1, 2007 RECEfVED MAR 1 2007 City of Federal Way Parks Operation To: Federal Way City Council Members From: C. T. Purdom, Chair ~~ Parks and Recreation ~~ission Re: Resignation from the Parks and Recreation Commission I hereby submit my resignation from the Federal Way Parks and Recreation Commission effective March 2, 2007. For the last ten years I have been an active member of the commission and served 5 and a half years as the Chair. I believe that it is time to move on and let new citizens be appointed to the commission and the Commission elects a new Chair. I have enjoyed my time on the commission and the opportunities that you have provided me to be involved in other citizen's advisory committees (Search for a new city hall and the community center advisory group). Again, thanks for the opportunities that you have given me to be a part of the development of the City of Federal Way. ec' ~tt +I~ fl2L5 ~.oftY/ I ~ ~tl) PQLS ~t(~ ~.++tl/thCWJ~ \ &~ ~ ~ ~ I ~ vUJwt-~ II Laura Hathawa~ - Parks g.-Rec Commiss.ion Vacanc~ Pag~1 From: To: Date: Subject: "tom medhurst" <tommedhurst@hotmail.com> <Iaura.hathaway@cityoffederalway.com> 3/2/20073:51 :31 PM Parks & Rec Commission Vacancy Laura, with the recent resignation of CT Purdom from the Parks & Rec Commission and subsequent vacancy, I respectfully request consideration that I be appointed to fill his unexpired term. thank you, tom medhurst Find what you need at prices you'll love. Compare products and save at MSN@ Shopping. http://shopping.msn.com/defaultlshp/?ptnrid=37,ptnrdata=241 02&tcode=T001 MSN20A0701 CITY OF FEDERAL WAY PARKS AND RECREATION COMMISSION Don Dennis Joel Howitt George Pfeiffer, Vice Chair 32727 30th Ave SW 616 SW 299th St, 32525 1 sl Place S. Federal Way, W A 98023 Federal Way, W A 98003 Federal Way, WA 98003 (H) 253/838-0155 (H) 253/946-1586 (H) 253/927-8997 Fax 253/661-5583 Mobile 206/255-4796 (W) 253/831-0086 donaldedennis@comcas1.net (W). 425/656-1073 g. pfeiffer@worlclne1.att.net Term expires 4/30/07 Fax 425/251-8782 Term expires 4/30/07 ihowitt@barghausen.com Term expires 4/30/07 Tom Medhurst - Alternate Marie Sciacqua Ade Bright 29211 3rd Ave SW 32658 9th PI S 2533 S. 367th Place Federal Way, W A 98023 Federal Way, W A 98003 Federal Way, WA 98003 (H) 253/529-3295 (H) 253/941-7060 (H) 253/670-1122 Cell 253/261-7657 (W) 253/804-2931 (W) 206/625-3777 (W) 253/922-7714 marie.sciacqua@faa,gov Fax 206/625-1851 Fax 253/922-7661 Term expires 4/30/07 b-e- i@worldne1.att.net tommedhurst@hotmail.com Term expires 4/30/08 Term expires 4/30/07 Cindy Dodge Fred Konkell C.T. Pl:H"dom, Chair - resigned 2404 SW 322nd S1. 29023 7th PI. S. 3/1/07 Federal Way, W A 98023 Federal Way, W A 98003 2313 S. 3041h St. (H) 253/874-4991 (H) 253/839-0152 Federal Way, WA 98003 (W) 253/924-5913 fkonkell@msn.com (H) 253/946-6844 Fax 253/709-0589 Term expires 4/30/08 ctourdom@comcast.net cindv, dodge@weverhaeuser.com Term expires 4/30/09 Term expires 4/30/08 David Talcott Carol Otto - Alternate Helen Stanwell - Alternate 2645 S. 273rd PI #305 2256 S, 3081h S1. 1414 S. 3241h S1. #228 Federal Way, W A 98003 Federal W,ay, W A 98003 Federal Way, WA 98003 Mail: POB 3024 Kent 98089 (H) 253/945-6020 (H) 253/946-6504 (H) 253/941-5157 206/406-8742 (W) 253/403-1019 or 253/403-4722 hstanwell@msn.com Fax 206/328-1880 (W) 253/426-6558 Term expires 4/30/09 dftalcott@netzero.net otto4ohana@comcast.net Term expires 4/30/09 Term expires 4/30/09 STAFF: Donna Hanson Steve Ikerd Peg Wright PRCS Director Parks & Facilities Manager Admin.Asst/Parks Operations Office: 253/835-2412 Office: 253/835-6911 Office: 253/835-6960 Fax: 253/835-2509 Nextel: 253/261-2702 Fax: 253/835-6969 donna.hanson@citvoffederalway.com steve.ikerd@citvoffederalway.com peggy. wright@citvoffederalway.com 3/9/07 I: Reports:Parks:Roster COUNCIL MEETING DATE: March 201\ 2007" ITEM #: ..._R..__...___.........._....._..... ..........__.__._.._.._~-_..._._._..._......._._...._-_.._......-..... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Confirmation of the City Manager's Selection for Municipal Court Judge. POLICY QUESTION: Should the City Council approve a resolution confirming the City Manager's selection for appointment as Municipal Court Judge? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: o Consent IZI City Council Business o Ordinance o Resolution o o . Public Hearing Other ~!~!~~~.!'..2~TB~:.._J.:?~!_~.~~!!~~~_~~'..~J~.Y-_~~!_~~~Y...________.._....._.._.___.__.__.___..__._.___.._._.__.~~!:!.~-~.~~~~.------.-...-.--.-.........-..---------...---...-- In the fall of 2006 voters approved Proposition 1, a utility tax dedicated to enhancing public safety. The proposition included the creation of a new Municipal Court Judge position. Under state law municipal judges may only be elected in certain years. RCW 3.50. In the interim the City Manager has the authority and duty to appoint the judge under state and local law. RCW 3.50; RCW 35A.13; and FWCC Ch 2 Art X. The City Council has the task of confirming the appointment. City Manager Neal Beets has selected Colleen Hartl to appoint as the new Municipal Court Judge after a competitive interview process that included input from other judges, attorneys, city council members, city staff, and the current Municipal Court Judge; and after consultation with the City Council. -........--.--...-.--..---...-....-.......---....--------.--...-----.----..........-..--..--.--...............-.--....---..--....---..---------.........-......----.--.----.......-.----..............................--.---..----... STAFF RECOMMENDATION: Approve the confirmation of the appointment of Colleen Hartl as Municipal Court Judge. Council DIRECTOR ApPROVAL: N/ A Committee JV Council CITY MANAGER ApPROVAL: N/ A Committee ~ COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "I move to confirm the appointment of Colleen Hartl as Municipal Court Judge. " (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 # K:\agenda item\council\2006\baJlot committees \j