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LUTC PKT 05-07-2007 ORIGINAL City of F ederal Way City Council Land Use/Transportation Committee May 7, 2007 5 :30 p.m. City Hall Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES: April 16, 2007 and April 30, 2007 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS A. 2009-2010 Solid Waste and Recycling Contract Extension; Presentation by Waste Management B. 26th Avenue SW Drainage Trunk Replacement Project - Bid Award C. PAA Annexation Election Date Resolution Action 20 min/V anOrsow Action 5 minlBucich Action 5 minlConlen D. PAA Public Outreach Plan Action 5 MinlConlen 5. FUTURE MEETINGS/AGENDA ITEMS 6. ADJOURN Committee Members Jack Dovey, Chair Linda Kochmar Dean McColgan City Staff Cary M. Roe, P.E., Assistant City Manager/Emergency Manager Darlene LeMaster, Administrative Assistant II 253-835-2701 G:ILUTClLUTC Agendas (md Summaries 2007105-07.07 LUTe Agenda.doc City of Federal Way City Council Land Use/Transportation Committee April 16, 2007 5:30 pm City Hall City Council Chambers MEETING MINUTES In attendance: Committee Chair Jack Dovey and Committee Member Dean McColgan; Committee Member Eric Faison was excused; Assistant City Manager/Emergency Manager Cary Roe; Deputy Public Works Director Ken Miller; Street Systems Manager Marwan Salloum; Street Systems Project Engineer Brian Roberts'; Deputy City Attorney Aaron Walls; Surface Water Manager Paul Bucich, Contract Planner Janet Schull, Senior Planner Margaret Clark, Department of Community Development Director Kathy McClung, City Traffic Engineer Rick Perez, Administrative Assistant II Darlene LeMaster 1. CALL TO ORDER Chairman Dovey called the meeting to order at 5:30 p.m. Committee Member Eric Faison excused. 2. APPROV AL OF MINUTES The March 19,2007, minutes were approved. Moved: McColgan Seconded: Dovey Passed: Unanimously 3. PUBLIC COMMENT Mr. Jesse Cherian of35703 16th Avenue S, Federal Way, commented on the vicinity ofS 356th St and 16th Ave S having its zoning changed from BP to CEo He has sent letters regarding this zoning change in the past and would like Council to look at more appropriate locations for propertid; south of S 356th Street. 4. BUSINESS ITEMS A. Zero Lot Line Townhouses and Small Lot Detached Janet Schull provided the background information on this item. Public Comment was given from Wally Costello of Quadrant Homes, lending support to staffs recommendations. Mr. Costello's preliminary site plan is part of Ms. Schull's PowerPoint presentation. John Otter from Statewide Investments also commented in support of staffs recommendations. Committee Member McColgan asked if the proposed homes were market rate homes and if so, were there any local projects. Mr. Costello answered yes, examples being Northwest Landing and Snoqualmie Ridge. Council Member Kochmar asked if lapd would be owned fee simple. Mr. Costello confIrmed that the homeowners would also own their. own land. Homes will have a front and side yard with a potential strip of yard near the garage area. The homes would be priced beginning in the $200,000's. There would also be a community open space. Committee Chair Dovey inquired if this type of neighborhood held strict covenants. Mr. Costello responded that yes, these developments will have CC&R's initiated by the developer and then transferred to the Home Owners Association once the development has matured. Parking. is typically allowed on one side of the street and will be obvious where Cars are allowed to park. Council Member Kochmar asked how big these homes will be. Mr. Costello answered 1,200 sq. ft. to 1,800 sq. ft. Committee Member McColgan asked how a small lot detached development differs from cottage housing. Ms. Schull described small lot developments as being multi-family residences that contain an open space. Units are 10 feet from each other. There is no limit to the number of units per deveiopment. "Small lot" is more of a re-design of "multi-family" housing. Cottage housing is single-family housing. There are requirements for open space as well as limits to number of lots per development. There are many specifIc construction guidelines for cottage housing. Small lot developments do not have the requirement to face open space as do cottage housing. Growth Management Act? Bringing in cottage housing will allow the City to get closer to the GMA target for overall density. We would be going from our current small size lot of 5,000 sq. ft. to that of 2,400 sq. ft. with small lot housing. What about ten years from now? Ms. Schull answered that the requirement will be to have more common space with small lot developments. For homes with alley side driveways, there will be parking for two, a one or two-car garage and alley parking. For homes 'with one-car garages facing the street, there will also be a side driveway to allow for a second vehicle to park. Council Member Kochmar wondered when homes could actually be built. Model homes could be built by late 2009. Committee Member McColgan commented that homes under $300,000 will be attractive and bring young families into Federal Way. Committee Member McColgan also G'ILUTCILUTC Agendas and Summaries 2007104-16-07 LUTC Minu'es doe LallU U~C1 11(111~l-'UIl(:IlIUII \....UlIlIllIlU::t:: rag'" L. IVli:lIl,;II. IL., L.VVI commented that Northwest Landing has existed for approximately 10 years and the quality/pride in ownership has remained constant throughout. Moved: McColgan Seconded: Dovey Passed: Unanimously Committee PASSED Option 2 on to the May 1, 2007, City Council Agenda for tirst reading of Ordinance and invited Mr. Costello and Mr. Potter to be present at the Council Meeting to answer any questions that may arise. B. S 30gth Street Stormwater Facilitv Modification Proiect - 100% Design Status and Authorization to Bid Paul Bucich provided the background information on this item. There was no discussion. Moved: McColgan Seconded: Dovey Passed: Unanimously Committee PASSED Option 1 on to the May 1,2007 City Council Consent Agenda for approval. C. 2007 Pavement Marking Contract Rick Perez provided the background information on this item. Councilmember McColgan wondered in reference to speed tables that also act as crosswalks, is there signage that warn traffIc of a speed table also acting as a crosswalk? Mr. Perez responded that there will usually be signage that acts as a warning for "bump ahead" or "pedestrian ahead" along with a speed limit sign. Moved: McColgan Seconded: Dovey Passed: Unanimously Committee PASSED Option 1 on to the May 1, 2007 City Council Consent Agenda for approval. D. Alternative Cross Sections for PacifIc Highwav S HOV Lanes Phase IV Brian Roberts provided the background information on this item. There was no discussion. Moved: McColgan Seconded: Dovey Passed: Unanimously Committee PASSED Option 1 on to the May 1, 2007 City Council Consent Agenda for approval. 5. FUTURE MEETING A special meeting has been scheduled for April 30, 2007 for the City Center Access Project. The next regular meeting is May 7,2007. 6. ADJOURN The meeting adjourned at 6:20 p,m. G-\LUTC\LUTC Agendas and Summaries 2007\04.16.07 LUTC Minutes doc City of Federal Way City Council Land Use/Transportation Committee April 30, 2007 5:30 pm City Hall City Council Chambers MEETING MINUTES In attendance: Committee Chair Jack Dovey, Committee Member Dean McColgan and Committee Member Eric Faison; City Manger Neal Beets, Council Member Linda Kochmar, Council Member Jeanne Burbidge, Assistant City Manager/Emergency Manager Cary Roe; Deputy Public Works Director Ken Miller; Acting Deputy Public Works Director/Street Systems Manager Marwan Salloum; City Attomey Patricia Richardson; Senior TraffIc Engineer Maryanne Zukowski, City TraffIc Engineer Rick Perez, Administrative Assistant II Darlene LeMaster L CALL TO ORDER Chairman Dovey called the meeting to order at 5:32 p.m. , 2. PUBLIC COMMENT There was no public comment. 3. BUSINESS ITEMS A. City Center Access Proiect - Authorization to Proceed Maryanne Zukowski provided the background information on this item. Council Member Kochmar questioned "the road going through Steel Lake". Ms. Zukowski clarifIed that there is no new road, it is a representation that there exists a north and south part of Steel Lake park, on either side of S 312th St and may be widened and improved as a comprehensive plan element, and analyzed for need with this project. Mr. Perez added that there would be a bike trail that begins at S 324th St extending to Truman High School and then to Steel Lake. The widening of S 312th St to fIve lanes is in the 20-year Comp plan. The four-way stop at 28th Ave S and S 312th St would either be a round-a-bout or would be signalized. Regardless of either alternative (ModifIcation I or II), nothing has been designed yet. . Potential designs will come as part of the EilVironmental Assessment (EA) process. Council Member Kochmar asked about LINK (light rail). Mr. Perez answered that there has been no set alignment for light rail to date, possibly not until 2020. Mr. Perez reiterated that Council has expressed the preference for an 1-5 alignment and possibly to align light rail to connect with the Transit Center at S 317th St at the HOV off/on ramp; however, whether this would happen or not is purely speculative. Committee Member McColgan asked hypothetically, if there is no CCAP, when S 320th St,.will get out of controL Mr. Perez responded that S 320th St is already at capacity and will fail within six years. For this reason, Phase I of the CCAP would be to widen the offramp and S 312th St. To construct any of these projects, an EA needs to be done to analyze all of the alternatives. Committee Member McColgan commented that without the project, all intersections will faiL Ms. Zukowski concurred that all intersections will continue to fail all on their own. Committee Member McColgan commented on the economic impact to the public. Ms. Zukowski commented that people won't travel to or through the downtown core if they can't get through the gridlock. How does Economic Development play into the CCAP? Our goal is to attract businesses and not just have people travel through. Mr. Perez commented on "level of service standards" that had been discussed thoroughly when brought before Council earlier this year. Committee Chair Dovey wanted more of an illustration of just what is "failure". Ms. Zukowski described itas sitting through multiple signal cycles, signal after signal, during multiple times of the day. Our perception of level of service and reliability, getting from place to place, etc. defme "failure". 1-5 currently backs up daily onto the southbound exit ramp. Other local areas into the city core also backing up daily are Peasley Canyon, SR 18 and NB onramp. "Rush hour" would become "rush hours" multiple times daily. The city core also experiences backups on the weekends and during weekday mid-day. Mr. Perez added t~at how fast this failure progresses is dependent on the pace of development. Committee Chair Dovey asked that if the EA does not begin, what is the shelf life of the feasibility study. Ms. Zukowski reiterated that the draft APDR was submitted in 2006, based on the data that was generated in 2003. There is a three-year shelf life on datil. There is not a specifIc shelf life for a draft APDR, but it is in the gray area of becoming outdated. If we continue forward with an EA soon, our prior work will still be valid. Assistant City Manager Roe added that once the EA is done, the City would establish a progression of project phases (Phases I through VII). When asked if there was any signifIcance to the May 15, 2007 date to go to Council, Ms. Zukowski said this date was the date chosen. There was no signifIcance. Committee Chair Dovey expressed more concem over what the City was planning to due to acquire more emergency supplies. If there is only a limited amount of money available, shouldn't we spend what we know we have now on emergency supplies before we spend money on a study that will not produce results for years in the future. Assistant City Manager Roe explained that purchase of an auxiliary power source and snow and ice equipment is already in process, with an estimated cost between $500K and $1 G~\LUTC\LUTC Agendas and Sununaries 2007\04-30-07 LUTe Minutes.doc LallU U~t:1 11(1I1~I-'UI li:l11UIl \..,..UlltllllLLt:C r"!;,, L. IVlal\,;1I l~, ~VVI Million. City Manager Beets and Assistant City Manager Wang feel there are uncommitted funds available for one-time funding right now if Council approves purchase of this equipment. Assistant City Manager Roe plans to take this before LUTC and Council in June of this year. Committee Member Faison asked if solar powered equipment may be an option for emergency equipment. Assistant City Manager Roe commented that solar power is not an option for City Hall or the Community Center; but for traffIc signals, solar power has worked. It has been less reliable, but it has worked as a backup. Tile City is also looking at battery powered backup equipment. Committee Member McColgan asked for clarification on why if the Council had money in the 200712008 budget for the EA, why is staff back before LUTC and Council? Assistant City Manager Roe clarified that the money was budgeted in the 2007/2008 budget with the condition that staff return to LUTC and Council, asking support to proceed with the EA, hence the reason for the topic this evening. In a side conversation, Committee Chair Dovey stated that if he had to choose, he would vote for emergency funds over the CCAP. Committee Chair Faison felt confIdent that staff articulated there are currently funds available emergency equipment. Committee Chair Dovey wants to make sure that Council will have a discussion on how to fund emergency equipment. Council Member Kochmar also feels that funding emergency equipment should be a priority. Assistant City Manager Roe restated that funds are available right now (funds carried over from 2006). Moved: McColgan Seconded: Faison Passed: Unanimously Committee PASSED Option 1 on to the May 15, 2007 City Council Consent Agenda for approvaL 5. FUTURE MEETING The next regular meeting is May 21, 2007. 6. ADJOURN The meeting adjourned at 6:32 p.m. G:\LUTOLUTC Agendas and Summaries 2007\04-30.07 LUTC Minutes doc COUNCIL MEETING DATE: May 15,2007 ITEM #:_ ...........................-........ ....................---........-...--............... .............................................-.......... .. .. ...................................----......-.......-....................-. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SOLID W ASTEIRECYCLING CONTRACT EXTENSION FOR 2009-2010 POLICY QUESTION: Should the City extend the Solid Waste/Recycling agreement with Waste Management through 201 O? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 7, 2007 CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other ~_'!~!~~~Y-Q~!_~X:_g~~.~~?Q!:.~~_':Y.'-._~_~!~~Y.Y._~~!~.~__~~~I~l~~~__~~9-!.~:_....._____~~~!:_~_~?_~~_~_~:.~~__._______------ Attachments: LUTC memorandum dated May 7, 2007. Options Considered: 1. - Direct the City Manager to provide notice to Waste Management of Washington, Inc. that the current Comprehensive Garbage, Recyc1ables and Yard Debris Collection Contract (Agreement #01-144) will be extended under its original terms and conditions for a period of two additional years, in accordance with Section 1 of said agreement, which will extend the agreement through 2010. 2. Do not exercise a contract extension for the Comprehensive Garbage, Recyclables and Yard Debris Collection Contract (Agreement #01-144), allow the contract to expire at the end of2008, and provide direction to staff on how to proceed with a procurement process. ....----.-...-....----..-.----.----...........................................---.-..........-......-------.-...-------..---...--.....-.....--.........-........................---......--....-.......---.----.----.--- STAFF RECOMMENDATION: Authorize staff to proceed with Option 1.' CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: /JM~ Council Committee Council COMMITTEE RECOMMENDATION: Forward Option 1 to the May 15,2007 City Council Consent Agenda with a recommendation for approval. Jack Dovey, Chair Linda Kochma~ Member Dean McColgan, Member PROPOSED COUNCIL MOTION: HI move authorizing the City Manager to extend the current Solid Waste/Recycling agreement with Waste Management through 2010." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: May 7, 2007 Land Use Transportation Committee Neal Beets, City Manager FROM: Rob Van Orsow, Solid Waste & Recycling Coordinator cz-U cJ SUBJECT: Solid WastelRecycling Contract Extension for 2009-2010 BACKGROUND This memorandum outlines the City's options regarding a two-year extension of the Solid Waste and Recycling contract with Waste Management (WM). DISCUSSION The initial term of the current solid waste and recycling services agreement with Waste Management ran for a five-year period from 2002 through 2006. The agreement allows the City, at its sole discretion, to exercise up to two, two-year extensions under the existing contract provisions. In 2005, the City Council approved the initial two-year extension for 2007 through 2008. Should the City decide to exercise the second contract extension for 2009 through 2010, notice must be provided to WM before June 30, 2007. From an operational perspective, a contract extension is desirable. WM has provided service above contract specifications at a very low complaint level. Fiscally, rates increase at less than 60% of the Consumer Price Index over the contract term, and rates remain very competitive when compared to neighboring communities (please see attached comparison of 2007 rates for neighboring communities). The City of Auburn, which has a similar contract with WM, also recently issued a contract extension. A case could be made that other hauling companies would desire competing for this contract. However, at this time there is no guarantee of a cost advantage from a bid process. While ratepayers clearly benefited from the 2001 bid process, in the current market, rates could rise above contract levels as bids would factor in fuel and labor-related cost increases. Recent union negotiations and labor actions, coupled with 'prevailing wage' clauses in City of Seattle contract boilerplate, have spurred sizeable labor cost increases region-wide. WM's existing scope of services would continue seFVing ratepayers well for the foreseeable term of the Contract, with minimal rate growth during this period. WM also continues to be a responsible corporate citizen locally. Therefore, staff recommends exercising the second two-year contract extension at this time to extend the contract through 2010. OPTIONS 1. Direct the City Manager to provide notice to Waste Management of Washington, Inc. that the current Comprehensive Garbage, Recyclables and Yard Debris Collection Contract (Agreement #01-144) will be extended under its original terms and conditions for a period of two additional years, in accordance with Section 1 of said agreement, which will extend the agreement through 2010. 2. Do not exercise a contract extension for the Comprehensive Garbage, Recyclables and Yard Debris Collection Contract (Agreement #01-144), allow the contract to expire at the end of 2008, and provide direction to staff on how to proceed with a procurement process. K:\LUTC\2007\05-07-07 SWR Contract Extension.doc Q) ... co ... ..... co o E >.0 :!::: () () CO f- "0 Q) ~I -- E-- o u .....c:- ... 0 ... "0 ~ ~~ ~ ~ <3~~ --II '0 o .c c: CJ) Q) ... ro a::: III Gl - C'Cl 0:: Gl U .~ Gl CJ)~ C III o Gl .- >< - C'Cl u.... .s~ o c: 0'0 III ~ "i: U .c >< ~~ '0 Gl ...- C'Cl C'Cl )-0:: 'O~ c.s::. C'Cl- c Gl 0 ~~ .c.... 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C CD "0 'w CD a: 8 ~ CD ro ~ :;: g ~ ~ LL ~ ~ '" COUNCIL MEETING DATE: May )5,2007 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 26th Avenue SW Stormwater Trunk Replacement Project -(CIP # 304-3100-253)- Bid Award POLlCY QUESTION: Should the Council award the 26th A venue SW Stormwater Trunk Replacement Project to the lowest responsive, responsible bidder and direct SWM to increase funding to cover all costs? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 7,2007 CATEGORY: IZI Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other ~..!~!.!J~~..!.9.!.!_~_X~...~_~_~_.~:__~~<?!~~,.~_~~:!_~~ia.:~~._~_a.:.!.~E_~~~.~ _m DEPT: Public Works Attachments: Memorandum to the Land Use and Transportation Committee dated May 7,2007. Options Considered: 1. Award "Base Project" to Pivetta Brothers Construction, Inc., in the amount of $652,834 plus a 10% construction contingency of $65,283 for a total amount of $718,117, approve the transfer of $20,461 from SWM unallocated CIP funds, and authorize the City Manager to execute the contract. 2. Award "Base Project plus Water Quality System" to Pivetta Brothers Construction, Inc., in the amount of $679,829 plus a 10% construction contingency of $67,983 for a total amount of $747,812, approve the transfer of $50,156 from SWM unallocated CIP funds, and authorize the City Manager to execute the contract. 3. .Do not authorize award of the project and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding "Option 2" above to the May 15,2007 Council Consent Agenda for approval. COMMITTEE RECOMMENDATION: Place "Option 2" on the May 15,2007 City Council Consent Agenda for approval. DIRECTOR ApPROVAL: ~ Committee Council CITY MANAGER ApPROVAL: Council Jack Dovey, Chair Linda Kochmar, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: "I move to award the 26th Avenue SW Stormwater Trunk Replacement Project to Pivetta Brothers Construction, Inc., in the amount of $679,829 plus a 10% contingency of $67,983 for a total amount of $747,812 (including contingency), approve the transfer of $50,156 from SWM Unallocated CIP funds to SWM project account No. 304-3100-253, for a total project budget of $860,156, and authorize the City Manager to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: May 7, 2007 Land Use and Transportation Committee Neal Beets, City Manager e ~ . Paul A. Bucich, P.E., Surface Water ManagVff RFB 07-101 Award - 26th Ave SW Drainage Trunk Replacement Project (eIP #304-3100-253) BACKGROUND: On March 20, 2007 Council authorized advertisement of this project for an estimated total construction cost of $650,990 for Schedules A and B, plus a 10% construction contingency of $65,099, for a total construction cost of$716,089. Three bids were received and opened on April 23, 2007. The lowest responsive, responsible bidder is Pivetta Brothers Construction, Inc., with a bid of $652,834 for Schedule A (Base Project) and $26,995 for Schedule B (Optional Water Quality System), for a total bid amount of$679,829, which is $28,839 higher than the Engineer's Estimate. Please see the attached Bid Tabulations for further details. ESTIMATED EXPENDITURES: Project Design by Consultant Bid Schedule A- Base Project Bid Schedule B- Optional WQ System Pavement Mitigation Fee Printing, Advertising & SEP A Construction Contingency (10%) Construction Inspection & Consultant Construction Support Services OPTJON#l OPTJON#2 BASE PROJECT ADD OPTIONAL WQ SYSTEM $ 91,190 $ 91,190 652,834 652,834 0 26,995 10,000 10,000 654 654 65,283 67,983 10,500 10,500 $ 830,461 $ 860,156 $ 20,461 $ 50,156 ITEM ESTIMATED TOTAL COST: SUPPLEMENTAL FUNDING REQUEST: AVAILABLE FuNDING: Previously Approved Funding Transfer from Unallocated SWM CIP $ 810,000 $ 20,461 $ 810,000 $ 50,156 cc: Purchasing Project File k:\lutc\2007\OS-07-07 26th avesw stonnwatertrunkrepl rfb07-IOI bid award (draft).doc '/1', n_. ... e S ~ 0, ~ -; '" .0 ." m .. " e a. 'C r -...- .,ns [Q ~''g -':(".1" i"'~:\: "';...J1~' ~:g ;~i9. I:- 1:; .Ql o~ lrro.. , l.~~ a.... "-.l-~ C,) :; !: ~ -;:;' .5_. Qj .Ei ll:: ole t: ::! ~ ... 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COMMITTEE: LUTC MEETING DATE: May 7, 2007 CATEGORY: D Consent D City Council Business D Ordinance ~ Resolution D D Public Hearing Other .~.!~_~!':~_~!.2~!..!!~_~.!~~~~_~Q~.!:-_~~,__~~!~N~~?~IOR.R!:~~_~.~___mmm__ DEPT: CD Attachments: A: Election Date Resolution with Exhibits Discussion: On April 23, 2007 the King County Boundary Review Board (BRB) completed review of the proposed East Federal Way annexation proposal. City Council must now establish a date for the annexation election. Remaining election dates in 2007 are the August 21 primary election and the November 6 general election. Staff is prepared to conduct a community outreach program, which can be adapted for either date once identified. If the August 21, 2007 date is preferred by the LUTC staff will need to confirm this with the Clerk of the King County Council immediately following the LUTC meeting. Council would then need to act on May 15 in order to meet county deadlines to schedule the August 21,2007 election date. Options Considered: 1. Set an election date of August 21, 2007 at the primary election 2. Set an election date of November 6, 2007 at the general election ..........-..-.................................---....-....--..........---....---....-.............----.........------.--...---..--.--...-............-............................................--........................-................--.-.....--.----.--.-------...............--.........-.....-----.- ST AFF RECOMMENDA nON: None CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: Committee ~~J ouncil Council COMMITTEE RECOMMENDATION: Committee Chair Proposed Council Motion: Committee Member Committee Member (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLED/DE~ERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, SETTING A DATE OF , 2007 FOR THE ANNEXATION ELECTION, OF THE CITY'S ENTIRE REMAINING POTENTIAL ANNEXA TION AREA (P AA) CONSISTING OF UNINCORPORATED TERRITORY LYING IN AN AREA GENERALLY EAST OF EXISTING CITY OF FEDERAL WAY CITY LIMITS, SOUTH OF S. 272nd STREET, WEST OF 55TH AVENUE S. AND 51sT AVENUE S. AND NORTH OF S. 321sT STREET AND EXISTING CITY LIMITS AND INCUDING 'PEASLEY CANYON ROAD S. BETWEEN S. 321 ST STREET AND PEASLEY CANYON WAY S. AND INCLUDING UNINCORPORATED TERRITORY SOUTH OF HIGHWAY 18, THEN FOLLOWING THE CITY'S EASTERLY POTENTIAL ANNEXATION AREA BOUNDARY, THEN FOLLOWING THE CITY'S SOUTHERLY POTENTIAL ANNEXATION AREA BOUNDARY AND INCLUDING A PORTION OF THE STONE CREEK SUBDIVISION AND THEN MEETING THE CITY'S EXISTING EASTERLY BOUNDARY WHEREAS, the City Council of the City of Federal Way, Washington, has determined that it would be in the best interest and general welfare of the City of Federal Way and the annexation area to annex the city's entire Potential Annexation Area (P AA) consisting of unincorporated territory lying in an area generally East of existing city limits, South of S. 272nd Street, West of 53rd Avenue S. and 51 st Avenue S. and North of S. 321 st Street and existing city limits and including Peasley Canyon Road S. between S. 321st Street and Peasley Canyon Way S. and including unincorporated territory south of Highway 18, then' following the city's easterly P AA boundary, then following the city's southerly PAA boundary and including a portion of the Stone Creek subdivision and then meeting the city's existing easterly boundary as legally described in Exhibit "A" and depicted in Exhibit "B" attached hereto and incorporated by reference, respectively, as if fully set forth; and Res. # _ Page I WHEREAS, the Growth' Management Act and the King County Countywide Planning Policies encourage transition of unincorporated urban and urbanizing areas within P AAs from county governance to city governance; and WHEREAS, although financial analysis of revenues and costs for the annexation area indicate a net annual operating deficit to the city of approximately three (3) million dollars, financial incentives offered by Washington State and King County are projected to cover the operating deficit in the 10 years following annexation; and WHEREAS, the benefits of annexing the territory include compliance with the intent of the Growth Management Act, localized control of land use and development activity that impacts city service provision, recognition of community connections, efficiency related to minimizing piece-meal annexations over time and opportunities to collect one-time incentive funding from King County and Washington State that will likely not be available in the future and these benefits outweigh the financial costs noted above; and WHEREAS, the City Council Land Use/Transportation Committee considered the annexation at meetings on May 1,2006, May 15,2006 and July 17, 2006 and recommended to City Council to proceed forward with the annexation; and WHEREAS, the City Council passed resolution 07-492 on February 20, 2007 authorizing submittal of the annexation proposal to the King County Boundary Review Board; and WHEREAS, the City received a notice letter, Exhibit "C", on April 25, 2007 indicating that the. King County Boundary Review Board approved the annexation proposal; and WHEREAS, the City Council has adopted the Federal Way Potential Annexation Area Subarea Plan, as a chapter of the City's Comprehensive Plan which adopted and establishes Comprehensive Plan designations and zoning classifications for the proposed annexation area as well as general land use policies; and Res. # _ Page 2 Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Public Interest. The best interests and general welfare of the City of Federal Way and the annexation area would be served by the annexation of city's entire P AA consisting of unincorporated territory lying in an area generally East of existing city limits, South of S. 272nd Street, West of 53rd Avenue S. and 51st Avenue S. and North ofS. 321st Street and existing city limits and including Peasley Canyon Road S. between S. 321st Street and Peasley Canyon Way S. and including unincorporated territory south of Highway 18, then following the city's easterly P AA boundary, then following the city's southerly P AA boundary and including a portion of the Stone Creek subdivision and then meeting the city's existing easterly boundary as legally described in Exhibit "A" and depicted in Exhibit "8" attached hereto and incorporated by reference, respectively, as if fully set forth; and Section 2. Ballots. The City shall prepare an explanatory ballot statement and make appointments for Pro and Con committees and submit these to King County Elections Division before June 1,2007. Section 3. Election. The City Council hereby requests the King County Council set an election date of ,.2007 for an election to be held pursuant to Chapter 35A.14 RCW to submit to the voters of the aforesaid territory the proposal for annexation. Section 4. Voters. As nearly as can be determined the number of voters residing in the aforesaid territory is 10,406. Section 5. Zoning. All property located within the territory to be annexed shall, simultaneous with the annexation, have imposed the City of Federal Way Comprehensive Plan Res. # _ Page 3 designations and zoning classifications, prepared under RCW 35A.14.330, and depicted in the Potential Annexation Area Chapter of the Federal Way Comprehensive Plan. Section 6. 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 7. Ratification. Any act consistent with the authority, and prior to the effective date,. of the resolution is hereby ratified and affirmed. Section 8. 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 A TrEST: City Clerk, Laura Hathaway, CMC ApPROVED AS TO FORM: City Attorney, Patricia A. Richardson FiLED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No: Res. # _ Page 4 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, Willamette Meridian in King County, Washington described as follows: Commencing at a point 580 feet, more of less, westerly of and 50 feet southerly of the Northeast corner of the Northeast quarter of said Section 33, Township 22 North, Range 4 East, said point also being on the City of Kent City Limits, as annexed under Kent City Ordinance No. 3351, said point also identified as the southern right-of-way margin of South 272nd Street and easterly Limited Access Line of SR-5; Thence in an easterly direction along said southern right-of-way margin of South 272nd Street to an intersection with the southerly right-of-way margin of South 272nd Way; Thence in a southeasterly direction along said southerly margin of South 272nd Way to an intersection with the northerly extension of the east right-of-way margin of 55th Avenue South (aka Harry A. Abel Road, County Road #2515); Thence in a southerly and southwesterly direction along said east margin of 55th Avenue South to an intersection with the east line of the west half of the west half of said Section 35; Thence in a southerly direction along said east line to an intersection with the north line of the south half of the southwest quarter of the southwest quarter Section 35, Township 22 North, Range 4 East; Thence in a westerly direction along said north line to the west right-of-way margin of 55th Avenue South; Thence in a southerly direction along said west margin of 55th Avenue South to an intersection with the north right-of-way margin of South 288th Street; Thence in a westerly direction along said north margin to an intersection with the northerly extension of the westerly right-of-way margin of 51 st Avenue South; Thence in a southerly direction along said northerly extension, the west margin of said 51 st Avenue South, and the southerly extension thereof to an intersection with the south right-of-way margin of South 304th Street; """1 t\., .a..~ ,'. .:, If.'Ci 't } -, . '~t \". . ,_ .. ..... ,\. .__. ____._. ....s lO.; R. . Page 1 EXHIBIT A PAGE OF s ....~" l; "...' · ~ ~ "J ....'" t. # . .f r ,..' l". ...', .................... " ..1../..... "....~. Thence in an easterly direction, 12.00 feet, more or less, along said south margin of South 304th Street to the west right-of-way margin of 51 st Avenue South; Thence in a southerly direction along said west margin of 51 st Avenue South a distance of 250 feet; Thence in an easterly direction perpendicular to said west margin of 51 st Avenue South to the east right-of-way margin of 51 st Avenue South; Thence in a southerly direction along said east margin of 51 st Avenue South to an i.ntersection with the southeasterly right-of-way margin of South 321 st Street; Thence in a southwesterly and westerly direction along the southeasterly and the south margin of said South 321 st Street to an intersection with the easterly right- of-way margin of South Peasley Canyon Road; Thence in a southeasterly direction along said easterly margin to an intersection with the northerly right-of-way margin of State Route 18 (P.S.H.No. 2); Thence in an easterly direction along said northerly margin to an intersection with the east line of said Section 15; Thence in a southerly direction along said east line to the southerly right-of-way margin of relocated Peasley Canyon Road as described in Governor's Deed as Parcel II, recorded under King County Recording Number 7308300450; Thence in an easterly direction along said southerly margin to an intersection with the east line of the west half of the west half of said Section 14; Thence in a southerly direction along said east line to an intersection with the north right-of-way margin of South 336th Street; Thence in an easterly direction along said north margin to an intersection with the City Limits of Auburn as annexed under Auburn City Ordinance No. 2543; Thence in a southerly and easterly direction along said City Limits to an intersection with the City Limits of Algona as annexed under Algona City Ordinance No. 630; Thence in a southerly direction along said City Limits to an intersection with the south line of Lot 16, of Block 39, in the Plat of Jovita Heights, recorded in Volume 20 of Plats, Page 12, records of King County, Washington; Thence in an easterly direction along said south line to an intersection with the westerly right-ot-way margin ot 59th Avenue South; ::{ D _.~...,_. ...... _ 3~; f~{'~ Page 2 EXHIBIT A PAGE z. OF ::; "'_0_-", ~.,h.l""'~" .~.. r: f{ 1 ~-1 },;. ..... Thence in a southerly direction along said westerly margin of 59th Avenue South to the Northeast corner of Lot 6 of Block 83, in said Plat of Jovita Heights; Thence in a westerly direction along the north line of said Lot 6, a distance of 100 feet, more or less, to an intersection with a line parallel to and 100 feet west of the westerly right-of-way margin of 59th Avenue South; Thence in a southerly direction along said parallel line, a distance of 225 feet, more or less, to an intersection with the south line of Lot 8 of said Block 83; Thence in an easterly direction along said south line to an intersection with the westerly right-of-way margin of 59th Avenue South; Thence in a southerly direction along said westerly margin of 59th Avenue South to an intersection with the City Limits of Algona as annexed under Algona City Ordinance No. 760; Thence in a westerly direction along said City Limits to the Northwest corner of that portion as annexed under Algona City Ordinance No. 760; Thence continuing westerly along the centerline of South 360th Street as vacated by Vacation Ordinance 5588 to the northerly extension of the easterly right-of- way margin of 57th Avenue South; Thence in a southerly direction along said northerly extension and along the easterly margin of 57th Avenue South to the easterly extension of the south right- of-way margin of South 360th Street; Thence in a westerly direction along said easterly extension and along said south margin of South 360th Street to the easterly right-of-way margin of 55th Place South; Thence in a westerly direction to the southeasterly corner of Lot 30 of Block 86, in said Plat of Jovita Heights; Thence in a northwesterly direction along the southerly line of said Lot 30 to the southwesterly corner of said Lot 30, said corner being on the line common to Lots 25 through 30 and 8 through 13 of Block 86, in said Plat of Jovita Heights; Thence in a southwesterly direction along said common line to the southeasterly corner of Lot 13 of Block 86, in said Plat of Jovita Heights; Thence in a northwesterly direction along the southerly line of said Lot 13 to the southeasterly right-of-way margin of 54th Place South; Thence in a southwesterly and southeasterly direction along the southeasterly ,,~\ ""t U-f i.... , ,,, ~I!~.~ ~ir*jr~ . ... ..... loO'...........""'........~.._"-_~ .... fr..- .. # Page 3 EXHIBIT A PAGE 3 OF 5 ...._.._.... ,... ..-.."T j <~.;] ~ l';){ ~:~ and northeasterly margin of 54th Place South to the easterly extension of the south right-of-way margin of South 360th Street; Thence in a westerly direction along said easterly extension and along said south margin of South 360th Street to an intersection with the easterly right-of-way margin of 51st 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; Thenc~ 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 sa"id 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; 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; . . ""1i ~ 1 ,. ". t -, , '~""'j t \,.,,3 "~to ,.,:, ",~".~,.",_",""..d"._.._,... _ ~ ~ -t..-.-.:i .. 'I t4}:-'1.. ,~ .l ~ . ..,.,.1 0 .."h<,"'~'~ 3 Z~ i\ '~,~ Page 4 EXHIBIT A PAGE Lf OF 5 Thence in a westerly direction along said north line to the City Limits of Federal Way as annexed under Federal Way City Ordinance No. 04-480; Thence in a northerly and northwesterly direction along said City Limits to an intersection with the City Limits of Federal Way as annexed under Federal Way City Ordinance No. 98-311; Thence in a northwesterly direction along said City Limits to an intersection with the City Limits of Federal Way as annexed under King County Ordinance No. 8779; Thence in a northeasterly direction along said City Limits to an intersection with the City Limits of Federal Way as annexed under Federal Way City Ordinance No. 94-220; Thence in an easterly, southeasterly, and northeasterly direction along said City Limits to an intersection with the City Limits of Federal Way as annexed under Federal Way City Ordinance No. 04-479; . Thence in a northeasterly, northwesterly, and westerly direction along said City Limits to an intersection with the City Limits of Federal Way as annexed under Federal Way City Ordinance No. 94-220; Thence ina 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. 99-3?8; 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. Page 5 EXHIBIT A PAGE 5 OF 5 . . City of Federal Way Proposed East Federal Way Annexation Legend o Proposed Annexation Area [<;'" I Unincorporated King County ~ Incorporated Area J" This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy. Map Date: January 2007 City of Federal Wa~ GIS Division C AHIBIT 33325 8th Ave ~ P.O.Box 9718 nA~~ {" Federal Way, ~ . Phone: 253 -835-7000 Web: www.cityoffederalway.com 13 OF o . 1,250 2,500 D N 5,000 . Feet lIerikelcd\paa\2006IAubumlArea.mx Vicinity Map ~ CITYOF .... . . .' .~ federal Way .~~t' ~:~. t (,~~~ \~' ';~j ~ I t..,.-i" :1,.' .;, 't _ it .v:.; 1'\ ~_ ,\~; i~fj Mf ! ~ ..." ,"" .. ,/0 , ./~ . ~..,..-. A ~ .............-.;'.0._..:... ~''!''''{t:::..... .~~~ :.!,>;~' .~.';. . .) RI::CI::IVED BY COMMUNITY DEVELOPMENT DEPARTMENT APR 2 5 2007 Washington State Boundary Review Board . For King County . Yesler Building, Room 402, 400 Yesler Way, Seattle, WA 98104 Phone: (206) 296-6800 . Fax: (206) 296-6803 . http://www.metrokc.gov/annexations April 23, 2007 City of Federal Way Attn: Isaac.Conlen Acting Senior Planner Post Office Box 9718 Federal Way, WA 98063-9718 RE: CLOSING LETTER FOR COMPLETED ACTION - File No. 2253 - City of Federal Way - East Federal Way Annexation Dear Mr. Conlen: We are writing to advise you that the Boundary Review Board has now completed the required Evaluation, as specified in RCW 36.93, for the above-referenced proposed action filed with the Board effective: March 8. 2007. The Boundary Review Board also provided a 45-day public review period March 8. 2007 - April 23. 2007, as prescribed by RCW 36.93. The Board received no request for a public hearing of this proposed action during the public review period. The Boundary Review Board, therefore, hereby deems this proposed action approved effective: April 23. 2007. Final approval of the proposed action is also subject to the following actions, where applicable: 1. Sewer and Water District actions and some other actions are also subject to approval by the Metropolitan King County Council. If the Council makes changes to the proposal, the Board may then be required to hold a public hearing. 2. Filing with King County of franchise application(s), as required, accompanied by a copy of this letter. 3. Filing with King County of permit application(s), as required, accompanied by a copy of this letter~ . 4. Fulfillment of all other statutory requirements and/or procedures specified in your Notice of' Intention. ._. " :; 0_ .,._...~.,.~. ::~ D A<; EXHIBIT C PAGE I OF L ._.~...~.,~.. ,~~",_~ .w.~ _ ~ . '.f" ~ t:;t ! }.~! )~( :~~~ Page two continued, April 23, 2007 Form 13 5. Notification in writing of your intended effective date of annexation. This notification should be provided as early as possible. Please send this information to Elissa Benson, Bank of America Tower, King County Office of Managemerit and Budget, 701 Fifth Avenue, Suite 3200, Seattle, Washington 98104, and 6. Filing with King County Council of: (1) one certified copy of final resolution or ordinance accomplishing this proposed action; and (2) a copy of this letter. This document should be filed with the Clerk of the Council (Attn: Anne Noris), King County Courthouse, Room 1025, Seattle, Washington 98104 If you have questions or would like additional infofmation, please contact our office at 206-296- 6800. ~~ Lenora Blauman Executive Secretary cc: Anne Noris, Clerk of the Council Dave Wilson, Records and Elections Division Debra Clark, Department of Assessment Lydia Reynolds-Jones, Manager, Project Support Services King County "911" Program . Paul Reitenbach, Department of Development & Environmental Services Elissa Benson, Office of Management and Budget " ,. ~"1G, l~~~ .)C E~ EXHIBIT PAGE C OF L _, _ ... ..,~ :'1 C ..._w.... ____:~,) ;)t\':~ 7 <-- COUNCIL MEETING DATE: May 15,2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ANNEXATION COMMUNITY OUTREACH PLAN POLICY QUESTION: Should City Council authorize staff to implement the annexation community outreach plan as generally described in the attached staff report? COMMITTEE: LUTC MEETING DATE: May 7,2007 CATEGORY: D Consent D City Council Business D Ordinance D Resolution D ~ Public Hearing Other ~!AI.':!,:_~~~Q~!}!X:..!~~~~.~Q!.':!!:~.~-"_~~!!~_G SEN~Q~_~!:~~~~~._..____..._.........._..~~_~~:.~~____........_ Attachments: A: Staff Report B: Annexation Handouts Discussion: Staff has prepared an annexation community outreach plan. Please reference the attached staffreport for details. Options Considered: 1. Authorize staff to implement the proposed annexation community outreach plan. STAFF RECOMMENDATION: Recommend Option 1 CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: Committee ~ Council Council COMMITTEE RECOMMENDA nON: Committee Chair Committee Member Committee Member Proposed Council Motion: "I move to authorize staff to implement the annexation community outreach plan as generally described in the attached staff report" (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 # J ST reading Enactment reading ORDINANCE # RESOLUTION # '. ~ CITY OF ~ Federal Way CITY COUNCIL COMMITTEE STAFF REPORT DATE: To: VIA: FROM: April 30, 2007 Land Use and Transportation Committee Neal Beats, City Manager Kathy McClung, CDS Director Isaac Conlen, Acting Senior Planner SUBJECT: Annexation Community Outreach Plan MEETING DATE: May 7,2007 POLICY QUESTION Should City Council authorize staff to implement the annexation community outreach plan as described below? BACKGROUND On February 20, 2007, City Council passed Resolution 07-492 initiating the annexation process for the city's remaining Potential Annexation Area (PAA) known as the East Federal Way Annexation Area. On April 23, 2007 the King County Boundary Review Board concluded its review and comment period of the proposal. Staff has prepared a community outreach plan that can be adapted to either an August or November election date (pending Council selection of election date). DISCUSSION The Community Outreach Plan consists of: A Five Neighborhood Meetings held at area elementary schools: . Valhalla Elementary . Camelot Elementary . Lake Dolloff Elementary . Lakeland Elementary . Rainier View Elementary Other neighborhood meetings as requested by HOAs, others. B. Meeting Format - Open House with a short targeted presentation Display stations will be set-up around the room, with staff to answer questions. Stations will include: . Tax and fee comparison . Public safety . Land use/Zoning . Parks and rec . Public works . Fire and Lakehaven if interested in participating A Part way through the open house staff will make a short presentation to cover some basic Issues: . Introduction - Mayor if available . City's interest in annexation - Neal Beats . County's interest in annexation - Karen Reed, King County . Tax and fee impacts - Iwen Wang . Service providers (what changes and what doesn't) - Karen Reed, King County . Police service - Brian Wilson . Annexation process and timing - Isaac Conlen C. Meeting Notice: . Direct mailing to all households in P AA providing notice of all meeting dates, option to request additional annexation presentations to HOA or other group, web site info, etc . Press release . Geographically targeted mailings prior to each meeting, based on elementary school boundaries for the meeting at that particular school. . Notice on web site D. Web Page . Already operational . Provides basic annexation information and maps King County, per a Memorandum of Understanding approved by City Council, has agreed to partner with the City in community outreach efforts. The County has also offered to pay up to $25,000 in outreach costs (postage and copying, room rental, etc.). The city and county have prepared annexation related handouts addressing a wide range of topics. These will be available at the various display stations at open houses and on the city's website. Handouts are attached for your reference (minor updating still to be completed). STAFF RECOMMENDA nON Authorize staff to implement the community outreachplan as generally described in this staff report. 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III Cl C > III 1Il B ~~ __0> M"O ..-< :> __ co 0-..., c: ll> E ll> 01 ro c: ro ::E '0 ll> U <C o C C :J o U 0\ C i2 What about POLICE SERVICES? What are Police Response Times for Our Area? A verage King County Sheriff Average Federal Response Times Way Police for the G3, G5, Response Times G6, G7 districts for all Sectors. (includes East Call Type Federal Way) CRITICAL DISPATCH: Incidents which pose an obvious danger to the life of an officer or citizen, including 3.89 minutes 3.~3 minutes felony crimes in progress, help the officer situations, shootings, stabbings, in-progress robberies and in- (2005) (2005) progress burglaries where the possibility of a 4.21 minutes (first 3.7 4 minutes (first confrontation between a victim and a suspect V2 2006) V2 2006) exists, and for manually-activated commercial ("hold up" or "panic") alarms. IMMEDIATE DISPATCH: For incidents requiring immediate police action, all silent passively- 10.84 minutes 3.88 minutes activated alarms at banks, businesses, and residences, injury accidents, for major disturbances (2005) (2005) with weapons involved. Also includes in-progress 10.34 (first V2 . 4.62 minutes (first burglaries of unoccupied structures, other types of 2006) V2 2006) crimes in-progress or which have just occurred, and where a suspect may still be in the immediate area. PROMPT DISPATCH: For situations that could escalate to a more serious degree but are not policed 18.28 minutes 13.1 7 minutes quickly. Examples are verbal disturbances, blocking (2005) (2005) accidents, hazardous situations, separated 15.41 minutes 1 2.47 minutes domestic violence situation, shoplifters in custody who are not causing a problem, and mental or (first V2 2006) (first V22006) physical trauma situations. Federal Way Community Meeting ROUTINE DISPATCH: Calls for which time is not the critical factor in the proper handling of the call, 42.58 minutes 28.14 minutes such as burglaries or larcenies that are not in (2005) (2005) progress, audible commercial and residential 45.07 minutes 36.1 7 minutes alarms, "cold" vehicle thefts and abandoned calls. (first V2 2006) (first V2 2006) Dispatch is made as soon as reasonably possible. Response times are measured from time the call is received. at the communications center to arrival on scene, in minutes. by both King County and Federal Way jurisdictions. How Does the Sheriff's Office Respond to Our Area Now? Four patrol districts (G3, G5, G6, & G7) include portions of the East Federal Way potential annexation area. These districts are part of a larger area called the "G" sector. The Sheriff's Office typically staffs this sector with a minimum of two to three deputies per shift. Patrol supeNision, burglary/larceny investigations, and drug investigations are provided from the Maple Valley Precinct to the east. All other Sheriff's Office services, including major investigations (e.g., homicide. rape, fraud). K-9 units, SWAT, and administration are provided by central units. some of which are headquartered in Kent. KCSO response times are listed in the table above. King County staffs patrol districts with approximately 1.02 officers per 1,000 residents. What is Federal Way's Police Level of Service? The current city limits of Federal Way are divided into three sectors and the plan is to move to five sectors if the Proposed Annexed Area (PAA) is absorbed into the city. The police department plans to hire 30 full-time employees, 27 commissioned officers and three civilians, to service th~ P AA area, providing 1.37 officers per 1,000 residents. The citizens in the P AA area can expect an improved police response time from the time a call is made to the communication center to arrival of the officer. In addition, the city's back-up resources (i.e., command staff, detectives, traffic unit, special response team - SWAT, bomb disposal unit, civil disturbance unit, K-9 unit, etc.) are just minutes away, located at the police headquarters (City Hall) near Celebration Park. The department plans to staff Sector 3 and Sector 5 (includes the P AA Area) with minimum of four officers. During peak times, the sectors will be staffed with as many as eight officers. There will be a strong presence of uniform personnel such as patrol officers, motorcycle officers and pro-act officers to address problems in the New P AA area. Federal Way Community Meeting If the proposition to levy the utility tax to enhance police and community safety passes on November 7, 2006, it will add an additional 18 officers to the Department. The Department's service model is based on Community-Oriented Policing (COP), placing the needs of the "citizens" first and not that of the city. The department members are committed to working in partnership with the community towards solving problems, to address neighborhood problems such as speeding, drug activity. environmental design, etc. The department's COP effort has brought tremendous success in making our community a better place to live. The Police Department has been in existence for 10 years (celebrating 10 years of service on October 16, 2006) providing full professional law enforcement services to the citizens of Federal Way. The department was CALEA accredited in 2001 and is one of 12 agencies in the state of Washington that are nationally accredited. What this means to P AA residents is that the department is a modern progressive police agency that deploys "best of the best" practices, which are recognized for excellence and service delivery. The Federal Way Police Department has a positive efficacious culture and is a cohesive, professional law enforcement agency. We are committed to "Service" to improve community safety and the quality of life for all of our citizens. Would my address change upon annexation? . There would be no change to the current address system in the PAA area. When the city was .incorporated in 1990, the city adopted the King County address system. The Federal Way Police members would not need to learn a new system and can easily identify residents of the PAA area based on a Federal Way/King County address system. Residents with post office box using city of Kent or Auburn will need to change the address to Federal Way. The street address and zip code will remain the same. Federal Way Community Meeting How Will Annexation Affect SEWERS AND SEPTIC SYSTEMS? Will Annexation Affect Provision of Sewer Service to the East Federal Way Area? No. The East Federal Way annexation area is currently within Lakehaven Utility District's sewer service area and would remain within Lakehaven's sewer service area following annexation. Properties within Federal Way's current city limits are also within Lakehaven's sewer service area (except for a few parcels located at the north end of the City that are served by Midway Sewer District). Am I Required to Connect to Sewer FollowingAnnexation? No. As noted above, the city does not provide sewer service and does not have any policy or code requirement mandating connection to a sewer system. Similarly, Lakehaven Utility pistrict also has no policy or other requirement mandating connection to the sewer system when it becomes available. Will Sewer Service be Extended to Areas Where it is Currently Not A vailable in Connection with the Annexation? No. Lakehaven Utility District has a Comprehensive Wastewater System Plan, which provides a framework for future sewer extensions based on population growth, funding availability and other factors. The contents of the Plan are not related to annexation. Lakehaven's Plan must, however, be consistent with land use plans and policies promulgated by the land use agency having jurisdiction, including those of the City within its city limits. I Want to Keep My Septic System. Can I Build Here Without Connecting to Sewer? How Does Annexation Affect That? Residential septic systems are regulated by the King County Health Department (KCHD), even inside city boundaries. Conditions for septic systems to operate vary with each property and are not related to annexation. New homes can be served by septic systems if the lots on which they are located meet requirements established by KCHD and have soils characteristics that are conducive (the site has to "percolate" properly) to "on-site sewer" or septic systems. A building permit is required to make any significant changes by adding additional square footage (bedrooms, recreation room, garage, etc.) to a property. The Health Department is required to review all remodel projects when the house is served by a septic system. The septic system condition and capacity must be comparable to the changes made to the house after the remodel is complete. If a property cannot meet the standards, then improvements to existing homes may also be delayed or prohibited until sewers are available. How Will Annexation Affect NEIGHBORHOOD PARKS & RECREATION? What's There Now? King County currently operates and maintains five parks in the proposed annexation area: Bingaman Pond Camelot Park Five Mile lake Park lake Geneva Park South County Ballfields/Athletic Complex King County currently has no planned capital investments for these parks. What Would Change? It is the County's policy to transfer local parks to cities upon annexation. It is anticipated that upon annexation the above referenced parks would be transferred to the City for maintenance and operation. Federal Way has different park standards than the County and provides a different level of service. Under Federal Way management, existing parks would receive higher levels of park maintenance and would be evaluated for play equipment replacement. Federal Way would also begin to evaluate park needs based on city standards. At a future point, new park facilities either on existing undeveloped County park lands or other acreage in the area, would be required to address the new population growth occurring in the area. Federal Way's goal is to maintain clean safe parks and offer a variety of opportunities for people of all ages and abilities to participate in activities of their choice. Open spaces protect functioning ecosystems while supporting public use, enjoyment, and environmental education. Active, healthy living is supported by an extensive walking network linking people to parks close to home, community activities, schools, and the City Center. The City provides a level of service for five different types of facilities as follows: East Federal Way Annexation Area Community Meetings ';E:?i9-'lIty Regional Parks -/ ~.,,' >' ~:/"-'<;:t',:-:":" >:~~, :-' ;Standard', '._, -/ ".....>;,': '. Neighborhood Parks 2.6 ac/1000 population 2.8 ac/1000 population 1.7 ac/1000 population 2.2 ac/1000 or 0.2 miles/1000 population Community Parks Trails Open Space t: 'notal fi?ark Land 6.0 ac/1000 population '.,i<:~;>J~-}-": "__,J:"<,. " ;;'_ :'?"',f _' . _ _ ,';. , ,r~~ ,~~~pl1 QOQ" ~.!,)RLJI~tiQn. The Federal Way Parks, Recreation and Cultural Services Department provides programs, services and special events designed to foster community spirit, build individual self-confidence, and enhance quality of life for Federal Way residents. The Department also manages several recreation destination facilities such as the Dumas Bay Centre, the Knutzen Family Theatre and the beach at Steel Lake Park. The new Community Center provides a new facility to significantly broaden the range of cultural and recreation programming opportunities available to the community. . Each quarter, the Parks, Recreation, and Cultural Services Department produces the Recreational Programs brochure with a complete listing of classes, programs, events, and rental facilities. The City also offers fee reductions and scholarships to assist residents who meet certain income guidelines for many programs and services. East Federal Way Annexation Area Community Meetings How Will Annexation Affect Zoning for IN-HOME BUSINESSES (HOME OCCUPATIONS)? How will the tax requirements of my in-home business change? King County does not currently have. a tax on home,..based businesses, whereas Federal Way has an initial home occupation business license fee of $75 with an annual renewal fee of $50. How will the size requirements of my in-home business change? King County requires that the total area devoted to an in-home business be less than 20% of the floor area of the home, not counting attached garages and storage buildings. Federal Way does not limit the square footage that may be utilized for home occupation activities, although the activities must be accessory in nature. How will the parking requirements of my in -home business change? In addition to required parking for the home, King County requires one on-site parking stall if a nonresident is employed and one on-site parking stall if business seNices are rendered on-site. Federal Way City Code does not specifically address parking for home 'occupations. It is intended that home occupations not generate the need for significant off-street parking. How will restrictions placed on sales of goods and services change? King County limits sales of goods to mail-order or telephone-order, with off-site delivery. SeNices may be rendered on-site, but all services must be arranged by appointment. Federal Way allows no more that four customers to visit the business per day. How many non-resident workers may I employ? King County allows no more than one non-resident employee. Federal Way does not allow non- resident employees. What additional restrictions would be placed on my in-home business? Federal Way Code states that there shall be no noise, vibration, smoke, gas, dust, odor, heat, or glare produced by the business that would be adverse to a residential area. Outdoor storage or activity is not permitted. Use of heavy equipment and power tools not common to a residence is prohibited and pickup or delivery by commercial vehicles is prohibited. Also, Federal Way does not allow home occupation signs. East Federal Way Annexation Area Community Meetings other categories of home occupations King County also has a category of home based businesses called "Home Industry" that generally allows larger businesses with more outdoor storage, parking requirements, and a. wider range of activities permitted. Home industries may be on sites no larger than one acre, and must take up less than 50% of the floor area of the home. Four non-residential employees are allowed with additional parking required for each non-residential employee and customer. Federal Way does not have a home business category of this scale and intensity. Any existing properly permitted home industrial business would be grandfathered upon annexation and allowed to continue, but would not be allowed to expand. Home industrial businesses that do not have all required King County permits are required to either scale back to meet Federal Way's home business standards or are phased out over a negotiated time period. Federal Way may permit home occupations that do not meet one or more of the restrictions previously noted, subject to approval of a land use permit called Use Process III. An applicant for such a home occupation must demonstrate that the business: 1) Will not harm th~ character of the surrounding neighborhood; and 2) Will not include outdoor storage or activities that will be visible, audible, or have other adverse impact from other properties; and 3) Will not create a condition that injures or endangers the comfort, repose, health, or safety of persons. Lastly, Federal Way permits in-home child care as a Class II home occupation. Limitations on this type of home occupation include number of non-resident employees, requirement for an off- street parking space, potential limitations on hours of operation, and others. Source: King County Code (21A.30.080), Federal Way City Code (22-1066 through 1069) East Federal Way Annexation Area Community. Meetings How will Annexation Affect BUSINESS TAXES AND FEES? What will happen to businesses taxes and fees? King County business licenses are required for businesses engaged in specific regulated activities within unincorporated King County (outside of any city limits). Regulated activities are amusement parks and places, amusement devices, bowling alleys, carnivals, go-cart tracks, skating rinks, video games, pool tables, outdoor and indoor entertainment, dances, adult entertainment establishments, massage and bathhouse businesses, process servers, secondhand dealers, pawnshops, charitable organizations, taxicabs and drivers, pet shops, kennels, grooming businesses, or theaters. Otherwise, King County does not require a general business license. However, businesses must be in compliance with zoning code regulations. See http://www.metrokc.Qov/lars/business/obtain.htm and http://www . metrokc. Qov/ddes/business/index. shtm Businesses operating in Federal Way need a business license from the City. All applicants must have a state-issued Uniform Business Identification Number (UBI), unless exempt by state law. Home-based businesses must also obtain a city business license. Businesses located outside the City limits and coming into the City to do business must have a license for business conducted in the city. The City of Federal Way's collects an initial business licenses fee of $75 with an annual renewal fee of $50. For more information please visit the city website at: http://www.citvoffederalwav.com East Federal Way Annexation Area Community Meetings What about our PETS AND LIVESTOCK? Are there differences in pet licensing? No. King County and Federal Way both require licenses for dogs and cats. The County provides animal control services to the City so fees are identical. Fees range from $5 for a juvenile pet for a 6-month license to $60 for an unaltered pet. Persons over the age of 65 and those with disabilities pay these fees once for the lifetime of the animal. What about livestock? King County Code (KCC 21A.30.020 and21A.30.030) sets rules for pens and setbacks. In general, King County allows people to keep more animals than Federal Way does. Also see http://dnr.metrokc.Qov/wlr/LANDS/livestoc.htm or contact King County at 206-296-1471 to learn more. Federal Way's rules for pens and setbacks are contained in Federal Way City Code Sections 22-981 through 22-989. You may also contact the City at 253-835-2607 to learn more. Federal Way grandfathers in existing animals, similar to other non-conforming uses. Owners or tenants are allowed to keep the number of animals existing at the time of annexation but upon losing an animal through death or selling or giving it away, are not allowed to replace animals exceeding the city's allowed numbers. The chart below is a brief comparison of County and City Animal Standards relating to the allowed number of larger animals (horses, cows, etc). King County City of Federal Way No large animals on less than 20,000 sq. ft. No large animals are allowed on lots less than 1.6 acres in size Li ves tock: Six or fewer medium or large Large Domestic Animals: Two on lots animals per gross acre in stables or barns or 1.6 acres or larger and one additional for each three per acre with approved Farm additional 35,000 square feet of lot area. Management Plan. Large Livestock: One large animal per two acres without approved Farm Management Plan East Federal Way Annexation Area Community Meetings Why Can't the East Federal Way Annexation Area Just STAY UNINCORPORATED? No one can compel the Area to annex as a communi ty without a vote or other consent of at least a majority of the property owners or voters in the Area, depending upon the annexation process used (several different annexation processes are authorized by state law). The East Federal Way Area is part of the City of Federal Way's Potential Annexation Area. The decision to annex must be mutual: both the City and a majority of area residents must actively choose to pursue annexation. Under current City policy, the City would use the election process to annex, that is, the City would seek approval of the voters of the area at an election requiring simple majority approval. Why Are Urban Areas Being Encouraged to Annex? Annexation is being encOuraged in response to the direction of state law in the Growth Management Act (GMA) and the policies guiding jurisdictions to plan for the future as required by GMA. GMA provides the underlying rationale for these policies: "In general, cities are the local government most appropriate to provide urban governmental services" (RCW 36.70A.110). King County and the suburban cities' jointly-developed GMA-related policies, referred to as the "Countywide Planning Policies," which function as a regional plan for implementing the goals of the GMA. As directed by the GMA, these Countywide Planning Policies explicitly address the status of unincorporated urban areas. Among other things, the policies call for: · Elimination of unincorporated urban islands between cities. · The adoption by each city of a Potential Annexation Area, in consultation with residential groups in the affected area. · The annexation or incorporation of all unincorporated areas within the urban growth boundary within a 20-year timeframe (1993 - 2012). In urban unincorporated King County, there are currently 10 large areas (including East Federal Way, Fairwood, North Highline, and Juanita) that have yet to be annexed to a city or incorporated into a new city. There are now about 218,000 residents. in these urban areas for which King County and special districts currently provide local services. Over time, King County will continue to be the provider of regional services to all 1.7 million residents of King County, and the provider of local services to people who live outside of cities (including some 136,000 people in rural King County). East Federal Way Annexation Area Community Meetings We Hear the County Can't Afford to Continue to Serve Some Areas. Wha t Does Tha t Mean? . King County faces a situation in its General Fund in which long-term expenditure growth exceeds revenue growth. As a result of this budget situation and as a matter of policy, King County is unable in the long-term to maintain urban service levels in the unincorporated areas. A major part of the problem is that local urban revenues generated in these remaining urban areas are not sufficient to fund local urban services now provided. For example, in East Federal Way, the County spends $10.4 million a year on local services such as roads, police, courts, building permits and inspections, and surface water management. The area generates about $8.7 million in local tax revenues at County rates. All County residents (now a population of 1.7 million) depend on county-wide services such as criminal justice, elections, and public health. Regional. service levels are being eroded by transferring regional revenues to cover the local service budget gap across the County. Local services have also been cut back in recent years as a result of the budget gap. The County is taking steps to close that financial gap between revenues and expenditures, but it is not likely to be resolved in the near-term. In 2003, the County Executive's Budget Advisory Task Force also identified annexation of the" remaining urban unincorporated areas as not only helping accomplish the region's land use vision but also noted annexation "may be the single most important step the County can take to address its fiscal challenges." From this the County established the 3-year Annexation Initiative, to encourage potential annexing cities and unincorporated areas, through funding and other resources, to discuss and plan changes in governance to incorporated status. The Initiative is intended to be a positive step toward assisting communities to determine their own future. The County has cut about $100 million from the general fund in the last four years from all . service areas, with parks and human services taking the biggest reductions. All services will continue to face budget pressure, and for now, policy makers face the decision to keep covering local service costs in urban unincorporated areas, or to use those dollars for regional services. East Federal Way Annexation Area Community Meetings How Will Annexation Affect Local Service Providers? Who provides service to now and who will provide of Federal Way? the East Federal Way Annexation Area it if the area is annexed by the City Public services that would not change include sewer service, water service, schools, fire, medic one, library, regional transit, health services, and regional parks and recreation. In other words, after annexation, existing school district boundaries would remain as they are, and regional transit, health, and regional parks will continue to be provided by King County. Special service districts for fire, sewer, water, and library service will continue to serve the area. Service delivery would change- from County to City-for police, land-use planning and permitting, and local parks. VServi'c,e ; "'-::X5;:;'Y"',;;:" Se>>iVea':NQw?eY.n" ., ". '; ..iYXE'- Annexed to Fed.eral~.Way.? . < .~. .-" ,. . . .', . .., , Schools Federal Way School District No change Library King County Library System No change Water Lake Haven Utility District and Highline No change Water District (portion of Star Lake area) Sewer Lake Haven Utility District No change Garbage Waste Management and Sea Tac No change; after seven years, City may disposal(hold solid waste certificates for elect to contract with another entity (it the area) currently contracts for service with these same companies) Legislative Metropolitan King County Council Federal Way City Council (Council) Parks (local) King County Parks & Recreation City of Federal Way Parks, Recreation and Cultural Services Permitting King County Development & City of Federal Way Community and Zoning Environmental Services (DOES) Development Services Department Fire & South King Fire & Rescue No change Emergency Medical Services Animal King County Animal Control No change Control Police King County Sheriff Federal Way Police Department Services Local Roads King County Dept of Transportation Federal Way Public Works Department Bus Service King County Metro No change Court King County District Court (misdemeanors) Federal Way Municipal Court Services King County District Court (small claims) (misdemeanors) King County District Court .(small claims) East Federal Way Annexation Area Community Meetings CAN FEDERAL WAY AFFORD TO ANNEX? If the east Federal Way annexation area was part of Federal Way today, and the City wanted to provide current levels of service, how much money would Federal Way need to cover the costs? The city of Federal Way conducted an annexation study in 2003 which included an analysis of the potential costs to provide current levels of City services to the Potential Annexation Area of Federal Way. The analysis, conducted for five sub-areas, focused only on ongoing operating costs, not one-time transition costs. Part of these sub areas have since been annexed by the city with the North East and part of the South East areas remaining as potential annexation areas. The table at right shows the estimated annual costs and revenues for these remaining areas. The analysis shows that annexing these areas, without other financial assistance, would require a general subsidy in the amount of $2.7 million annually. An operating deficit is typical of annexing and providing governmental serVices in a predominantly residential area,and has been one of the key barriers for annexations taking place as envisioned by the state's Growth Management Act of 1990. Recognizing the problem, the state legislature enacted a law to allow jurisdictions annexing substantial population to retain a larger portion of the sales tax for local purpose instead of remitting them to the state for a period of 10 years. This additional local portion of sales tax would substantially eliminate the projected operating deficit. Over the long-term, however, the City of Federal Way will need to generate additional revenue to cover any service deficits for these areas. East Federal Way Annexation Analysis Operating Revenue Total Property Tax, Proj. leVf ~_.__... $ 1,757,532 State Shared (w/o Art St Fuel) 517,543 CJ Sales, per ca...e!~__________..___ 430,290 Local Sales 178,424 ._._-"._--_._~..._---_. 845,204 Utility Tax, 50% ----- Fines & Forefetures 176,757 ----.----------------........----......-.-...---- 201 ,770 Building Permtis Franchise, 60% of HH 363,595 .---.---- Del.elopment Svs 65,033 --......-----..--.-- Rec Fees 38,353 Zoning 11,673 --- Gambling Tax - ----...-----.--.-_-0._-. BL. number of businesses 11,673 Total Revenue $ 4,5.97,846 --,-...------.---.-- Operating Costs ---"---- Council $ 45,957 ----- City Manager 106,054 .------.--..----...--.---..-.---- Court 235,087 -- 528,503 Community Development Law 111,357 ---- 113;124 Prosecution Finance/Support Senli~~_ 321,698 Parks Recreation and Cultural Sen,.;( 461,891 -----.--_._-------,-, 3,628,157 Police -- Public Works 1,783,478 Total Operating Costs $ 7,335,305 Net Revenue (Loss) $ (2,737,458) i 0.2%State Sales Tax Credit = $ 2,776,471 In addition to projected operating deficits, if the annexation were to take place, it would require a substantial planning, capital equipment and facility acquisition and setup, and staff training etc. startup costs. To defray the cost the city may incur, King County has offered to assist the city in its transition efforts by providing $3.5 million in one-time and capital funding. East Federal Way Annexation Area Community Meetings With the financial assistance from the State for operating expenses and from King County for startup, the city believes this annexation could be accomplished without impacting current services or increasing financial burden to existing city residents. In 2006 Federal Way residents voted to increase utility taxes to provide an increased level of police and community safety services. The additional utility taxes generated in the proposed annexation area following annexation, if successful, will be utilized to enhance police and community safety services in the area. East Federal Way Annexation Area Community Meetings HOW TO ANNEX TO A CITY An overview of the ~nnexation process Under the State's Growth Management Act: . A City may only annex areas contiguous to its borders. . Only territory within the urban growth area may be annexed by a City. Rural areas cannot be annexed. . If territory is claimed by one city as part of its potential annexation area, that territory may not be annexed by a different city. Annexation Methods In Washington State there are five methods of annexation. They are summarized below: 1) Election Method Annexation: Residents can file a petition (in prescribed format, signed by not less than 10 percent1 of the voters in the area to be annexed who voted in the last general election) with the city asking for an annexation election. The city need not agree to hold the election. Alternately, the city council may initiate the process by adopting a resolution calling for the annexation by election. The Boundary Review Board ("BRB", see description below) then reviews the annexation proposal and may either expand or contract the area to be annexed based on certain criteria. The city may then accept the revised annexation proposal, or reject it entirely. If the city chooses to proceed, it then forwards a resolution to the County Council requesting that the matter be placed on the ballot. The County Council then adopts an ordinance setting the date for an election on the question of annexation. Only registered voters within the proposed annexation area may cast ballots in the election. The annexation is approved if supported by a simple majority of those voting. See companion handout entitled "Election Method of Annexation" for more detailed description of this method. 2) Direct Petition Method Annexation ("60% petition"):2 Annexation is initiated by filing two separate petitions with the city. The first petition is signed by owners of property representing not less than 10% of the assessed value of the property in the area proposed to be annexed. This filing notifies the city of the residents' intent to commence annexation proceedings. The city council then accepts, rejects, or geographically modifies the proposed annexation. A second petition must then be signed by the owners of properties representing not less than 60% of the assessed valuation of the area proposed to be annexed (Le., not all property owners must sign/agree). The city council holds a public hearing and rejects or accepts the petition. If accepted, the petition is submitted to the BRB. The BRB may expand or contract the area to be annexed based on certain criteria. The city may then accept the revised petition, or reject it entirely. Annexation is finalized by the adoption of an ordinance by the city council. This is the most common method of annexation in King County. 3) SO/50 Direct Petition Method: In this method, annexation is initiated by securing signatures of both landowners and registered voters. The community initiators (owners of not less than 10% of the land area or not less than 10% of the area's residents) must 1 The 10% requirement is applicable in Code Cities (most cities are code cities); in other types of cities and towns, the petition threshold is 20%. . 2 This paragraph describes requirements for annexation to Code Cities; non-code city requirements differ. King County Office of Management and Budget notify the city council of their intention to commence annexation. The city sets a meeting with the initiating parties to determine whether the city will accept, reject or modify the proposed annexation. A second petition, in form approved by the city, is then prepared and must be signed by at least 50% of the registered voters in the area and the owners of at least 50% of the acreage of the area. Following submittal of the petition, the city holds a public hearing and then decides whether to annex (it may reject the annexation, despite having a valid petition). 4) Annexation of Small Unincorporated Islands Method: This method is only applicable to areas less than 100 acres in size where at least 80% of the area boundaries are contiguous to the city or town. A public hearing must be held, after which the city passes an ordinance to annex. The annexation is subject to resident referendum (Le., can be overturned) if a petition signed by a number of residents of the area equal to at least 10% of the area residents voting in the last general election is filed with the city within 45 days of the date the city ordinance is adopted. If such a petition is filed, an election on the issue is held and the annexation must be approved by not less than 50% of those persons in the area voting on the matter. 5) Annexation by Interlocal Agreement Method: This relatively new method of annexation (2003 legislature) allows for annexation to occur based on an agreement between that City and the County-but the agreement (and thus the annexation) can be overturned by residents of the proposed annexation area. This method may only be used to annex areas bordered at least 60% by one or more cities. Following a public hearing(s) and approval of the annexation agreement by the city and County, the city council adopts an ordinance annexing the territory. The ordinance must set an annexation effective date at least 45 days following the date the ordinance is adopted. If, during that 45 day period, a petition is filed with the city signed by not less than 15% of the registered voters of the area, then an election on the question must be held at which at least a simple majority of those persons voting on the matter approve the annexation. The Role of the Boundary Review Board The Washington State Boundary Review Board for King County (BRB) is responsible for reviewing all city and special district (water, sewer, fire) annexations in the county. It evaluates annexation proposals for consistency with state and local laws. The BRB also provides direct assistance to residents on annexation questions, such as how to file a petition or challenge an annexation proposal. The BRB also provides information to those seeking to create new cities through incorporation. The King County BRB may be reached at 206-296-6800 or http://metrokc.~ov/an nexations. Boundary Review Board Evaluation of each annexation proposal: Under all annexation methods described above (excluding the Uinterlocal agreement" method), there is a point at which the annexation proposal is submitted to the BRB. After ensuring the proposal is technically complete, the BRB circulates a notice of intent (UNOIU) and staff analysis of that document to other affected governments such as King County, adjacent cities, and water and sewer providers. Affected parties (including the applicant, citizens via a petition, affected jurisdictions, or the County Council) may "invoke jurisdiction" of the BRB, asking it to formally approve, reject, or modify an annexation proposal. A public hearing is held at which the BRB takes testimony from all interested parties. The BRB then issues an opinion approving, rejecting, or modifying the proposed annexation. The BRB decision may be appealed to King County Superior Court. King County Office of Management and Budget 2 ELECTION METHOD OF ANNEXA TION - INITIA TED BY COUNCIL RESOLUTION An overview of the election method annexation process (Proposed method for East Federal Way Annexation Area) 1) Initiation by Council Resolution: City Council passes a resolution callin9 for an annexation by election. 2) Boundary Review Board Review: The city submits an annexation proposal to the Boundary Review Board (BRB) of King County. The BRB will then process the annexation in accordance with state law. For more information regarding the BRB review process, see the companion handout entitled "How to Annex to a City." 3) Public Awareness Campaign: During and following BRB review, the city and King County will work to educate residents in the annexation area so they can make an educated decision when they vote. Educational material will focus on -differences between county and city levels of service and taxes and fees. Information will be made available to the public at open houses or community me.etings and on both the city and county web sites. 4) Annexation Vote: The date for the annexation vote will be set by the City Council following BRB review. We anticipate the date of the election would be no later than November of 2007. The annexation question will appear on the ballot of people residing in the annexation area, along with whatever other political races and initiatives are in progress. By state law, resid~nts of the area vote on the question of annexation. Property owners not residing in the area do not vote. The annexation is approved by a simple majority of votes cast. 5) Effective Date: If the annexation is approved by the voters, the City Council will establish an effective date by ordinance. Given the size of this annexation, we would expect to delay the effective date for a period of time following receipt of election results to allow the city to ramp up staff and equipment resources prior to assuming responsibility forservice provision. 6) Post Annexation Door-to-Door Census: Directly following the effective date of the annexation, the city will conduct a door-to-door census of the newly annexed area to determine the number of people residing in the area. The census is a requirement of state law and is used, in part, to disburse population based state revenues to cities. Annexation Process Complete East Federal Way Annexation Area Prepared by the City of Federal Way What are the differences between CITY AND COUNTY FINANCES? How Can Federal Way Afford to Be Our Government if King County Says it Can't? State law gives different taxing authority to Cities and to the County. As a government, the City has a strong commercial sales fax base: its major sources of revenue are property tax, sales tax and utility tax. King County in contrast does not have a large commercial sales tax. It is highly dependent on property taxes, and receives comparatively little sales tax. Under state law, the County cannot impose utility taxes. For both the City and the County, property tax revenues are capped at a growth rate of 1 % per year plus the value of new construction, absent voter approval for more. Service costs are growing faster than 1 % per year for both the City and the County. The City, however, has other revenue sources that tend to keep pace with the growth of service costs - sales tax and utility tax revenues. The County does not have this flexibility, so to balance its budget, County services have had to be significantly cut in recent years. Examples of such cuts include the elimination of all park and recreation service programming and reduction in local human serviCes programs. King County is required by state law to provide a variety of basic regional services (public health, public records, licensing and elections, superior and district courts and jails), and to be the local service provider in all areas outside city limits (for services such as local roads, land- use and permitting, and the sheriff). Federal Way is pursuing a multi-pronged strategy to re-develop its city center and surrounding areas to attract new commercial development and retain existing businesses. 'The successful implementation of this strategy is, among other things, intended to result in a long-term increase in sales tax revenues for the purpose of providing local governmental services. Given the city's superior position with regard to sales tax revenue collection and broader array of revenue tools available and with financial assistance from the State 1 for operating expenses and from King CountyZ for startup, the city believes it has the resources necessary to provide local government services to the East Federal Way annexation area at a level of service equal to that provided to current city residents. 1 State law authorizes jurisdictions annexing 20,OOq or more in population to retain a larger portion of sales tax for local purposes instead of remitting them to the sate, for a period of 10 years. 2 King County has offered to assist the city in its transition efforts by providing $3.5 million in one-time and capital funding. East Federal Way Annexation Area Community Meetings King County Annexation Initiative The King County Annexation Initiative is a County effort to promote annexation and incorporation of the remaining urban unincorporated areas (that is, areas outside city limits but inside the urban growth area) of King County, consistent with the state Growth Management Act and planning policies enacted over a decade ago by cities and King County government. I Goals of the Annexation Initiative Annexation is the process by which an area becomes part of a city. Incorporation is the process of creating a new city. State law gives control over annexation and incorporation decisions to cities and residents of unincorporated areas. The King County Annexation Initiative is directed at providing community outreach and information, as well as financial incentives for cities to take steps to complete annexations or for communities to incorporate. The Initiative is in its second year, and is supported by over $10 million in County funds for city incentives and outreach. The County is focusing its efforts on the ten largest remaining urban unincorporated areas (see Table), but is also working to promote transfer of the dozens of much smaller islands of urban service responsibility that have been left behind by annexations and incorporations over the years. . Preserve the quality of local services to urban communities by transferring governance responsibility to cities, which have more revenue options available for funding urban local services than does the county . Preserve the quality of county regional and rural local services by providing financial relief to these budgets dependent on general county tax revenues . Ensure the smooth transition of services from the county to the cities for citizens as well as coul')ty employees and departments -- King County Council Motion No. 2004-0381, September 2004 Most of the largest unincorporated urban areas have been "claimed" by cities as part of their planned future territory. Annexation rates have slowed in recent years. There area variety of challenges to implementing annexation plans. The primary challenge is financial: remaining urban unincorporated areas are largely residential in nature. Residential neighborhoods do not generate the sales tax or other revenues typically needed to support urban service levels. Large residential annexations stretch city budgets as more residents must be served without commensurate city revenue increases. King County is also struggling to preserve service levels to these urban communities. The County has cut over $100 million from its budgets in the last four years and expects to continue to cut King County's 10 largest Urban Unincorporated Areas as of March 2006 Area Population City with adopted annexation plans for (2000) this area East Federal Wav 20,300 Federal Way East Renton 7,400 Renton Eastqate 4,600 Bellevue Fairwood 39,400 Renton Kent North East/Panther lake 23,600 Kent Finn Hill/Juanita/Kinqsgate 31,700 Kirkland Klahanie 11,000 Issaquah Lea Hill 8,200 Auburn North Highline/Boulevard Park! 32,400 None (Seattle and Burien now studying) White Center West Hill 14,000 Renton programs every year for the foreseeable future in order to balance its budget. Among the recent cuts have been elimination of recreational programming in parks and community centers and elimination of most new road capacity projects. Transfer of urban local service responsibility to cities is both consistent with the regional growth management plans and will make it possible for the County to stabilize service levels for the County's regional service responsibilities (public health, juvenile detention and adjudication, superior court, felony prosecution and public defense, elections, property assessment, public records, etc.). Regional growth plans recognize that cities have a greater ability to provide urban local services than does the County, given both the variety of revenue tools available to cities, and given the fact that the tax revenue engines that support urban services-downtown commercial areas-are located in cities. Since 1989... . 10 new cities have incorporated, moving over 250,000 people into cities · 70,000 people have annexed into existing cities Today... . Of King County's nearly 1.8' million residents, over 1.4 million live in cities · Approximately 136,000 live in rural areas . Over 218,000 live in urban areas outside of cities-a population equivalent to the second largest city in the state . . Some urban unincorporated communities are very large: the Fairwood/Petroviskyarea covers nearly 6900 acres and has over 39,000 residents. Others "islands" are very small--a few acres and a handful of residents. · There are 62 islands of urban unincorporated area of 100 acres or less The inefficiency of providing local services to a scattered patchwork of geographically isolated areas is another reason that King County is encouraging annexation of these areas to adjacent cities. Three independent commissions have recently called for the County to take steps to encourage remaining urban unincorporated areas to become part of cities (King County Budget Advisory Task Force, King County Municipal League, and King County Commission on Governance). County Executive Ron Sims first proposed the initiative as part of the 2003 County budget. The Countywide Planning Policies developed jointly by the cities and King County in the early 1990s as required by the state Growth Management Act call for all parts of the urban area to be part of a city no later than 2012. At the rate areas are now annexing to cities, this goal will not be met until the year 2029. Incentives and action to accelerate the pace of annexation are needed: the King County Annexation Initiative responds to this need. For additional information, please contact Elissa Benson at 206 296-3414 at the King County. Office of Management and Budget. GROWTH MANAGEMENT OVERVIEW: URBAN GROWTH AREA, RURAL AREAS, AND ANNEXATION The Growth Management Act (GMA) is a state law passed in 1990 and amended several times thereafter. It requires the largest and fastest growing counties and the cities within those counties to develop rational policies to accommodate growth in Washington. GMA requires these jurisdictions to develop and adopt comprehensive land use and zoning plans consistent with the policies in GMA, and to adopt regulations to. implement these plans. GMA requires that city and county comprehensive plans address issues including land use, transportation, housing, facilities and services, utilities, natural environment, and economic development. GMA also required cities and counties to work together to" develop a set of framework policies to guide development of their individual comprehensive plans. These framework policies are known as the Countywide Planning Policies, or "CPPs." In King County, the CPPs were first adopted in 1992. The CPPs have been amended several times. GMA requires that county and city comprehensive plans be consistent with the CPPs. As required by GMA, the King County CPPs establish the Urban Growth Area (UGA) which delineates the area into which future growth will be directed. All areas inside the UGA are considered urban and areas outside the UGA are considered as rural or resource lands. The King County CPPs set forth a long-term vision whereby in 20 years from their first adoption (so, by 2012), all urban areas of King County should be part of cities- preferably through the process of annexation, but in some cases by incorporation of new cities. This vision is summarized in the following three excerpts from the CPPs: . "Cities are the appropriate provider of local urban services to Urban Areas either directly or by contract. Counties are the appropriate provider of most Countywide services. Urban services shall not be extended through the use of specific purpose districts without the approval of the city in whose potential annexation area the extension is proposed. Within the Urban Area, as time and conditions warrant, cities should assume local urban services provided by special purpose districts." FW-13 . "In order to transition governmental roles so that the cities become the provider of local urban services and the County becomes the regional government providing countywide and rural services, unincorporated Urban Growth Areas are encouraged to annex or incorporate within the 20-year timeframe of these policies. To achieve this goal, all cities that have identified potential annexation areas shall enter into interlocal agreements with King County that includes a plan for development standards and financing of capital and operating expenditures during the period prior to annexation." RF-5 . · "In collaboration with adjacent counties and cities and King County, and in consultation with residential groups in affected areas, each city shall designate a potential annexation area. Each potential annexation area shall be specific to each city. Potential annexation areas shall not overlap. Within the potential annexation area, the city shall adopt criteria for annexation, including conformance with Countywide Planning Policies, and a schedule for providing urban services and facilities within the potential annexation area. This process shall ensure that unincorporated urban islands of King County are not created between cities and strive to eliminate"existing islands between cities." LU-31 As noted, both City and County comprehensive plans-setting forth land use and zoning -must be consistent with the CPPs. GMA and the CPPs allow for some flexibility to modify zoning and residential density requirements between jurisdictions. That is, County urban zoning and city urban zoning can differ and still be consistent with the CPPs. Development standards-covering issues such as road width, surface water drainage facilities, street lighting, etc. -can also vary extensively from one urban area to another.