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Council PKT 10-16-2007 Regular AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall October 16, 2007 - 7:00 PM (www.cityoffederalway.com) ***** 1. MEETING CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Swearing-in Ceremony for New Officers b. City Manager Emerging Issues . Introduction of New Employees 4. PUBLIC COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: Approval of the October 2, 2007 Regular Meeting b. Monthly Financial Report - August 2007 c. Vouchers d. Enactment Ordinance: Adopting the 2006 International Building Code e. Enactment Ordinance: Adding a New Section - Chapter 1, Article III to the Federal Way City Code Authorizing Enforcement of Code Provisions through Civil Infractions f. Approval of Cingu1ar Wireless Site Lease Renewal at Saghalie Park g. Approval of Cingu1ar Wireless Site Lease Renewal at Sacajawea h. Approval of Maintenance and Labor Agreement for Emergency Equipment Installation and Repair Systems for Public Safety 1. Authorization to Advertise for Bids for Remote Lighting Control System for Sports Fields. J. Resolution: Approval of Abby's Lane Preliminary Plat k. Resolution: 2008-2009 Solid Waste and Recycling Grant Approval 1. Regional Solid Waste/Recycling Planning Update m. Using Excess REET Revenue to Retire the 1997 General Obligation Bonds on December 31, 2007 n. 2007-2008 Diversity Commission Business Plan 6. PUBLIC HEARING a. Sound Transit (A Regional Transit Authority) and RTID (A Regional Transportation Investment District) - Proposition 1 - Regional Roads and Transit System . Presentations . Public Comment - 3 Minute Limit . Action (if any) 7. INTRODUCTION ORDINANCES a. Ordinance Prohibiting Minors' from Possessing Certain Graffiti Tools and Refining the Definition of Graffiti Tools AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6, ARTICLE IX, SECTION 6-215 OF THE CRIMINAL CODE OF THE CITY OF FEDERAL WAY TO PROHIBIT PROSSESSION OF AEROSOL SPRAY PAINT BY MINORS AND AMENDING CHAPTER 10,ARTICLE III, SECTION 10-520FTHE FEDERAL WAY CITY CODE TO REFINE THE DEFINITION OF GRAFFITI TOOLS (AMENDING ORDINANCE NO.S 94-208 AND 07-551). b. Ordinance Amending the Unfit Structures Code AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 1, ARTICLE III OF THE FEDERAL WAY CITY CODE TO IMPLEMENT THE PROCESS AND TO ACQUIRE THE POWERS AUTHORIZED BY CHAPTER 35.80 RCW TO ADDRESS CONDITIONS WHICH RENDER DWELLINGS, BUILDINGS, STRUCTURES, AND OTHER PREMISES UNFIT FOR HUMAN HABITATION AND OTHER USES. c. Ordinance Amending Civil Service Provision of Chapter 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE APPLlCABLlTY AND STRUCTURE OF THE CIVIL SERVICE PROVISIONS OF CHAPTER 2, ARTICLE III, SECTION 2.47 OF THE FEDERAL WAY CITY CODE (AMENDING ORDINANCE NOS. 95-244, 96-258 AND 98-308). d. Ordinance - Clearwire Franchise Agreement AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING CLEARWIRE US LLC, A NEVADA LIMITED LIABILITY COMPANY, A NONEXCLUSIVE FRANCHISE TO OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, WASHINGTON, WITHIN THE SPECIFIED FRANCHISE AREA FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE, AND REPAIR OF ITS WIRELESS COMMUNICATIONS FIXTURES AND RELATED EQUIPMENT, CABLES, ACCESSORIES AND IMPROVEMENTS IN A PORTION OF THE RIGHTS-OF-WAY WITHIN AND THROUGH THE CITYOF FEDERAL WAY. 8. COUNCIL BUSINESS a. Commission Appointments - Lodging Tax Advisory Committee b. Commission Appointments - Diversity Commission c. Proposed Settlement of Ginger Peterson v. City of Federal Way d. Resolution - Setting the Date for a Special Election Regarding the Change of Government e. Resolution - Setting the Date to Appoint the Pro/Con Committees for the Voters Pamphlet 9. COUNCIL REPORTS 10. CITY MANAGER REPORT 11. EXECUTIVE SESSION a. Sale or Lease of Property pursuant to RCW 42.30.110(1)(c) b. Evaluation of Public Employee pursuant to RCW 42.30.110(1)(g) c. Potential Litigation pursuant to RCW 42.30.110(1 )(i) 12. ADJOURNMENT .. THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** COUNCIL MEETING DATE: October 16, 2007 ITEM #: 5-a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should Council approve the draft minutes of the October 2, 2007 regular meeting? COMMITTEE: Not Applicable MEETING DATE: Not Applicable CATEGORY: [gJ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other .~!~!_~..~_!.2!!...~Y...:......!.Y.~~.~P2.!.~~~!?r~_... ........................_................._........_.........._...................._............._}!...!:!!.:..~o....t..~R.l'.!!.~~~.........__.._...._......._........._ Attachments: Draft meeting minutes of the October 2, 2007 regular meeting. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION: Staff recommends approving the minutes as presented. CITY MANAGER ApPROVAL: NIAi/A! Committee NIA Council DIRECTOR ApPROVAL: NIA Committee NIA Council COMMITTEE RECOMMENDATION: Not Applicable PROPOSED COUNCIL MOTION: "I move approval of the minutes of the October 2,2007 regular meeting. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall October 2, 2007 -7:00 PM (www.cityoffederalway.com) ***** 1. MEETING CALL TO ORDER Mayor Park called the meeting to order at 7:02 PM. Counci1members Burbidge, Dovey, Faison, Kochmar, McColgan and Deputy Mayor Ferrell present. 2. PLEDGE OF ALLEGIANCE Councilmember McColgan led the flag salute. MOTION: Deputy Mayor Ferrell moved to amend the agenda to include Evaluation of a Public Employee under Executive Session (item c) pursuant to RCW 42.30.1lO(l)(g). Councilmember Dovey second. The motion carried 7-0. 3. PRESENTATIONS a. PROCLAMATION: MAYOR'S DAY OF CONCERN FOR THE HUNGRY - Dini Duclos, CEO of the Multi-Service Center, accepted the proclamation from Mayor Park and thanked the Council for their support of the food drive. Ms. Duclos encouraged community participation in this event. b. PRESENTATION: CERTIFICATES OF ApPOINTMENT TO THE YOUTH COMMISSION - Counci1member Burbidge introduced the newly appointed Youth Commissioners and presented each with Certificates of Appointment. c. CITY MANAGER EMERGING ISSUES - Mr. Beets introduced new employee Janet SchulL Ms. Schull has been a long-time contract planner for the City; however, she has recently accepted regular-status employment as a Senior Planner in the Community Development Department. COMMUNITIES IN SCHOOLS - Mr. Beets announced that this program is seeking mentors for this program through the Chamber. Pamphlets are available for anyone who is interested in mentoring youth. 4. CITIZEN COMMENT JANE MURRAY BALOGH: Deputy City Clerk Roe read her letter into the record which expressed concerns regarding land development, a lack of alternative power sources, and loss of natural vegetation. JUANNE LOCKETT: Expressed her frustration that the Parks Department has not installed a wooden privacy fence as a buffer between her property and Cedar Grove Park - something she noticed that her neighbors now have. Ms. Lockett stated she has not received the level of customer service from the Parks Department she expected and wanted an explanation as to why she has not received the same type of fence her neighbor received. City Council Regular Meeting Minutes October 2, 2007 Page 2 of 5 STACI LOCKETT: Spoke in support of her mother's position on the fence issue and detailed safety concerns regarding the new park and the lack of privacy fencing. KATHY FRANKLIN: Thanked the Council for its support of the arts and invited the community to upcoming theater events and concerts. NANCY COMBS: Spoke in opposition to housing developments in residential areas of the City and subsequent increased traffic levels on 21 st Ave SW. She also spoke in opposition to the downtown redevelopment project. NATALIE WEYLANND: Spoke in support of restrictions on panhandling after witnessing such activities at the Federal Way Festival Days event. She also voiced support for a youth curfew. Mayor Park asked Parks Director Donna Hanson to address the concerns of Juanne and Staci Lockett. Ms. Hanson explained that the City has offered to install a chain link fence as a buffer between Ms. Lockett's property and Cedar Grove Park. Ms. Hanson explained that the cost of installation and maintenance were the main factors in choosing this option over a wooden fence. Furthermore, Ms. Hanson remarked that wooden fences are targets for graffiti tagging and noted that the wooden fence installed at the house of Ms. Lockett's neighbor has already been tagged. Last, Ms. Hanson explained that the difference between the Lockett residence and the neighbor's property was the boundary between the houses and the park. While Ms. Lockett has a distance buffer, the neighbor's front door was within five feet of the park; therefore, it required a greater means of privacy and protection. The Council discussed fencing alternatives and the pros and cons of those discussed and ultimately suggested that the issue be brought forward to the next Parks, Recreation, Human Services and Public Safety Committee meeting on October 9,2007. Deputy Mayor Ferrell encouraged the Locketts to attend the meeting and noted that the meeting will likely begin at 6:00 rather than 5:15 p.m. 5. CONSENT AGENDA a. Minutes: Approval of the September 18, 2007 Regular and Special Meeting Minutes - APPROVED b. Enactment Ordinance: Amending the Utility Tax Code - APPROVED - ORDINANCE NO. 07-562 c. Pacific Highway South HOV Lanes Phase IV Project; 30% Design Status - APPROVED MOTION: Deputy Mayor Ferrell moved to approve items a through c. Councilmember McColgan second. The motion carried 7-0. 6. INTRODUCTION ORDINANCES a. ORDINANCE ADOPTING THE 2006 INTERNATIONAL BUILDING CODE - Deputy City Clerk Roe read the ordinance title into the record. Building Official Lee Bailey spoke to the issue and highlighted the sprinkler code changes for the Council. Council discussed the costs associated with the changes. Mr. Bailey clarified that the changes will only affect commercial properties, not residential. MOTION: MOTION: MOTION: City Council Regular Meeting Minutes October 2, 2007 Page 3 of 5 Councilmember Dovey moved to forward the ordinance to a second reading on October 16, 2007. Deputy Mayor Ferrell second. The motion carried 7-0. b. ORDINANCE TO ADD A NEW SECTION - CHAPTER 1, ARTICLE ill TO THE FEDERAL WAY CITY CODE AUTHORIZING ENFORCEMENT OF CODE PROVISIONS THROUGH CIVIL INFRACTIONS - Deputy City Clerk Roe read the ordinance title into the record. Councilmember Dovey moved to forward the ordinance to a second reading on October 16, 2007. Councilmember Kochmar second. The motion carried 7-0. 7. COUNCIL BUSINESS a. ROADS AND TRANSIT RTID/ST2 BALLOT QUESTION Mr. Beets stated the question before Council was whether or not to place a public hearing on the October 16, 2007 Council meeting agenda to allow public input on the issue. Council requested that Sound Transit be invited to attend the public hearing and that staff prepare a presentation on the issue. Councilmember Faison moved to place a public hearing regarding Roads and Transit RTID/Sound Transit II Ballot measure on the October 16, 2007 City Council meeting agenda. Councilmember Burbidge second. The motion carried 7-0. 8. COUNCIL REPORTS COUNCILMEMBER KOCHMAR recognized the recent graduates of the Advancing Leadership Academy; the audience applauded the graduates in attendance. Councilmember Kochmar announced her attendance at the Puget Sound Regional Council Executive Board meeting, congratulated Federal Way Police Officers for raising $2,700 at the Tip-A-Cop event at Red Robin, voiced her support for the Mayor's Day of Concern for the Hungry and announced a recent court decision regarding Camp Kilworth. COUNCILMEMBER BURBIDGE announced a likely time change to 6:00 p.m. for the October 9,2007 Parks, Recreation, Human Services and Public Safety Committee. She gave support to the Mayor's Day of Concern for the Hungry, thanked the Arts Commission for the Arts Harvest celebration held earlier in the evening, announced a volunteer opportunity for Habitat for Humanity in the Westway neighborhood and encouraged attendance at the upcoming Federal Way Symphony and Centerstage Theater productions. COUNCILMEMBER DOVEY stated that 40 additional mentors are needed for students in the sixth, seventh and eighth grades (soon to be inclusive of the elementary students) through the Chamber of Commerce. Volunteers need only dedicate 1.5 hours per week. Councilmember Dovey has been mentoring students over the past year and has found it to be highly rewarding. It's a great opportunity to work with at-risk youth kids who just need someone to listen. Mr. Beets announced a mentoring training opportunity on October 10 at 6:00 p.m. Citizens interested in learning more about this opportunity were encouraged to contact Tracy Oster with the Communities in Schools Program at 253-838-2605. City Council Regular Meeting Minutes October 2, 2007 Page 4 of 5 Councilmember Dovey continued his report and announced that Google will be opening a large complex in the KirklandlRedmond area; Enterprise Seattle was instrumental in getting Google to locate in the Northwest. COUNCILMEMBER FAISON addressed the concerns raised during public comment. He stated that he hoped the Advancing Leadership graduates and the Youth Commissioners present at the meeting would understand the role and responsibilities ofthe City. He furtherremarked that it is important to understand the difference between citizens who do not like the answers they are given on a specific topic versus a perceived lack ofleadership. Specifically, Councilmember Faison stated the Growth Management Act, has assigned Federal Way a housing target increase of 6,000 within then next 20 years. To date, the City has only achieved 700 of that target. The City does not have the option to halt development. On October 3, Councilmember Faison will attend a King County Growth Management Planning Council meeting at 4:00 at the Puget Sound Regional Council headquarters in Seattle; he encouraged citizens to attend the meeting to better understand the issue. Topics may include punitive action against cities who do not meet their housing targets. He also announced his involvement with affordable housing issues and progress made by Prosperity Partnership including two legislative issues (will be brought to the legislature this year) and one educational issue. COUNCILMEMBER MCCOLGAN attened the Executive Board of the Suburban Cities meeting last week regarding regional issues and representation. Councilmember McColgan remarked on the importance of Federal Way's representation regionally and that its Councilmembers are more active than many other cities. Currently, Federal Way Councilmembers serve on at least 10 committees outside the City of Federal Way; many larger cities are not involved at all on regional committees and boards. DEPUTY MAYOR FERRELL: No report given. MAYOR PARK reiterated Councilmember Faison's comments and remarked that originally, Federal Way was assigned a housing target of approximately 14,000. It was through the hard work of staff and City Officials that the number was ultimately reduced to 6,000. Mayor Park commented on the success of the Han- Woo Ri Festival and recognized Patrick Doherty for his efforts in helping to produce the event. On September 26, 2007 Mayor Park attended the opening of the newest branch of Geriatric Dental Group. Geriatric Dental Group fees run approximately 20-40 percent lower than other dental care offices in the community. Last, Mayor Park announced that the regularly-scheduled Chamber of Commerce/City of Federal Way Economic Development Committee meeting has been rescheduled to October 11 at 7:30. 9. CITY MANAGER REPORT Mr. Beets congratulated Councilmember Burbidge on her appointment to the Ecosystem Coordination Board for the Puget Sound Partnership - a highly sought after position. City Council Regular Meeting Minutes October 2, 2007 Page 5 of 5 Mr. Beets also announced the three executive session topics were expected to last approximately 60 minutes. 10. EXECUTIVE SESSION Council recessed to Executive Session at 8:12 PM to consider: a. Sale or Lease of Property pursuant to RCW 42.30.110(1)(c) b. Potential Litigation pursuant to RCW 42.30.110(1)(i) c. Evaluation of Public Employee pursuant to RCW 42.30.110(1)(g) (added item) At 9:07 p.m. Deputy City Attorney Aaron Walls announced that the Executive Session would be extended for 30 additional minutes, at minimum. 11. ADJOURNMENT Mayor Park adjourned the meeting at 10:00 PM. ATTEST: Krystal Roe, Deputy City Clerk Approved by Council: COUNCIL MEETING DATE: October 16, 2007 ITEM #:~ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUGUST 2007 MONTHLY FINANCIAL REPORT POLICY QUESTION: Should the City approve the August 2007 Monthly Financial Report? COMMITTEE: Finance, Economic Development & Regional Affairs Committee MEETING DATE: October 2, 2007 CATEGORY: [gJ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other ~!~!:'!'~.!.2_~!.~Y:M~!<:._I~!~Y!.~~~~?~!,~~~I}~~!.~!~~!y'~! Attachments: · August 2007 Monthly Financial Report Options Considered: 1. Approve the August 2007 Monthly Financial Report as presented and forward to the October 16, 2007 Council Consent Agenda. DEPT: Management Services 2. Deny approval of the August 2007 Monthly Financial Report and provide direction to staff. STAFF RECOMMENDATION: Staffrecommends approval of Option 1. CITY MANAGER ApPROVAL: ~ i \ ~ ~ DIRECTOR ApPROVAL: ~ c~uncil\V 'LV ~ Council COMMITTEE RECOMMENDATION: Forward approval of the August 2007 Monthly Financial Report to the October 16, 2007 City Council Consent Agenda. C~E.... ..1-I-F. 'Ch' - - nc alson, air 'Pproval of the August 2007 Monthly Financial Report." PROPOSED COUNCIL MOTION: (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 - 02/0612006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # C'TYOf ~ Federal Way August 2007 Monthly Financial Report GENERAL & STREET FUND OPERATIONS The overall operating of the combined General and Street Fund showed a positive result of $3.6M through August. Overall revenue total $28.lM and is $2.5M or 10.0% above budget, primarily attributable to the exceptional building permit activities and a positive sales tax infused by new constructions. Both permit and construction sales taxes are cyclical in nature and very sensitive to changing economy and should not be overly relied upon for long-term purposes. Year-to-date expenditures total $25.2M and is $1.1 M or 4.0% below budget. The favorable expenditure is primarily due to the timing difference in when payments are made. 2006 2007 Variance GENERAL & STREET FUND Annual ! Annual YTD Annual YTD I YTD Favorable (Unfavorable) Summary of Sources & Uses Budget Actual Actual Budget Budget Actual -, -r--%--- Beginning Fund Balance $ 4.728.229 $ 4,728,229 $ 4.728.229 $ 7,088.947 $ 7,088,947 $ 7,088,947 $ - 0.0% PPERATlNG REVENUES Property Taxes 8,692.174 8.883,719 4.895.295 8,865,097 4.849,836 4,849,836 - 0.0% Sales Tax 11,120,000 12,409,719 8.322,653 11.782,071 7.901.717 8,638,192 736,475 9.3% Criminal Justice Sales Tax 1,877.000 1.953,822 1,278,834 2,042,502 1,336,878 1,382,627 45,749 3.4% Intergovemmental 2,287,000 2,349,500 1,435,396 2.256,791 1,378,756 1,621,831 243,075 17.6% Leasehold Tax 2,500 4,592 1,995 2,026 880 5,889 5,009 569.0% Gambling Taxes 1,414,000 1,363,468 919,479 1,200,000 809,242 1,072.770 263,528 32.6% Court Revenue 976,000 971,689 650,585 917,535 614.629 743,861 129,232 21.0% Building Permits/Fees-CD 1,653,400 2,806.343 2,029,063 1.978,857 1,430,767 1,870,291 439,524 30.7% ROW Permits & Develop Svcs Fees-PW 370,000 546,587 360,383 475,719 313,657 331,097 17,440 5.6% Licenses 210.517 239,437 95,567 235,518 94,003 102,157 8,154 8.7% Franchise Fees 733,000 871,451 650,984 843,739 630,282 736,167 105,885 I 16.8% Passport Agency Fees 86,000 69,430 47,890 88,730 61,202 84,893 23,690 I 38.7% General Recreation Fees 637,835 604,514 514,879 629,810 536,425 497,001 (39,423) I -7.3% Public Safety 1,125,865 1,078,790 684,963 1,002,777 636,700 659,377 22,677 , 3.6% ~dminlCash Management Fees 560,000 560,000 373.334 582,399 380.674 380,674 - 0.0% Interest Eamings 183,000 526,981 324,789 334,023 205,865 468,040 262,175 127.4% Mise/Other 229,700 261,106 163,151 200,200 125,094 170,584 45,490 36.4% IOnaoina Transfers In: Utility Tax-Celebration Park 245,962 245,962 245,962 255,800 255,800 255,800 - 0.0% Utility Tax-Kenneth Jones Pool 319,000 319,000 319,000 - - - nI~ Utility Tax-Arts Comm/RW&B Festival 93,750 93,750 93,750 106,000 106,000 106,000 - 0.0% Utility Tax-Police Positions 625,000 625,000 625,000 700,000 700,000 700,000 - 0.0% Utility Tax-Street Bond Projects 202,000 202.000 202,000 264,275 264,275 264,275 - 0.0% Utility Tax-New Street Li9hts 108,300 108,300 108,300 112,091 112,091 112,091 - 0.0% Utility Tax-Camp Kilworth M&O 50,000 50.000 50,000 106,000 106,000 106,000 - 0.0% Utility Tax-General Fund Oper - - - 1,238,728 1,238,728 1,238,728 - 0.0% Utility Tax-Prop 1 Voter Package - - - 1,837,500 1,612,500 1,612,500 - 0.0% Utility Tax-New Parks M&O - - - 59,000 59,000 59,000 - 0.0% 1T0tal Operating Revenues 33,802,003 37,145,161 24,393,252 38,117,188 25,761,002 28,069,682 2,308,680 9.0% PPERATlNG EXPENDITURES ~ity Council 409,317 403,374 318,801 365,466 288,841 270,488 18,354 6.4% City Manager 908,228 913,472 538,626 1,140,650 672,582 702,003 (29,422) -4.4% Municipal Court-Operations 1,158,496 1,057.856 697,404 1,355,394 893,559 817,699 75,861 8.5% Economic Development 292,893 232,458 173,190 373,544 278,304 150,937 127,367 45.8% Management Services 1,901,022 1,793,521 1,185.120 2,138,698 1,413,206 1,385,191 28,014 2.0% Civil/Criminal Legal Services 1,200,561 1,049,808 722,854 1,434,187 987,522 861,397 126,125 12.8% Comm. Development Svcs 3,685,745 3,401,305 2,213,632 3,872,477 2,561,724 2,446,026 115,698 4.5% Jail Services 1,384,060 1,354,295 705,076 1,668,128 868,464 1.032,472 (164,008) -18.9% Police Services 17,649,507 17,058,301 11,397,425 19,895,743 13,293,249 12,635,679 657,570 4.9% Parks and Recreation 4,057,237 3,933,902 2,497,249 3,908,334 2,481,018 2,325,548 155,471 6.3% Public Works 4,259,988 3,820.009 2,313,294 4.738,171 2,869,308 2,604,330 264,978 9.2% :rotal Operating Expenditures 36,907,053 35,018,301 22,762,672 40,890,792 26,607,777 25,231,770 1,376,008 5.2% Operating Revenues over/(under) (846,775)1 Operating Expenditures (3,105,050) 2,126,860 1,630,580 (2,773,604) 2,837,912 3,684,688 -436.1% OTHER FINANCING SOURCES One-Time Transfers In 55,450 58,080 29,287 173,115 137,287 137,287 - 0.0% Grants & Other 133,686 88.015 46,064 161,751 48,881 48,881 - 0.0% Total Other Financing Sources 189,136 146,096 75,351 334,866 186,168 186,168 - 0.0% OTHER FINANCING USES City Manager Contingency 907,747 - - 1,014,266 - nla nla One- Time Transfers 100,000 100,000 100,000 1,180,000 1,030,000 1,030,000 nla nla Other - 36,546 - - - nla nla Total Other Financing Uses 1,007,747 136,546 100,000 2,194,266 1,030,000 1,030,000 nla nla i Total Ending Fund Balance $ 804,568 $ 6,864,639 ! $ 6,334,160 $ 2,455,944 $ 5,398,340 $ 9,083,028 nia nl DESIGNATED OPERATING FUNDS Through August, designated operating funds revenue total $18.2M and is $3.0M above the year to date budget of $15.2M with real estate excise taxes and utility taxes being the major contributors. Expenditures of $22.2M is $21 OK under the year-to-date budget estimate of $22.4M. 2006 2007 Variance DESIGNATED OPERATING FUNDS Annual Annual I YTD Annual , YTD YTD Favorable (Unfavorable) Summary of Sources & Use. Budget Actual Actual Budget Budget Actual -.$ pOi ....._0;;---- Begin Balance-Designated Funds $ 5,725,052 $ 5,725,052 $ 5.725,052 $ 9,705,216 $ 9,705,216 $ 9,705,216 $ - 0.0% OPERATING REVENUES Intergovemmental 617,953 561,779 367,384 559,023 365,562 364,947 (634) -0.2% Utility Taxes 6.407,499 9,043,449 6,132,225 10,651,267 7.394,971 6,267,369 692,397 12.1% HotellMotel Lodging Tax 150.000 175,219 103,962 175,100 103,912 116,963 13,071 12.6% Real Estate Excise Tax 3,150,000 5,499,911 3,513,666 2.600,000 1,766,616 3,752,226 1,963,412 109.6% FW Community Center-Transition - - - 33,620 33,620 50,201 16,361 46.4% FW Community Center-Operations - - - 1.246,117 693,396 506,333 (167,064) -27.00/0 Dumas Bay Centre 533,396 496,904 325,496 512,625 335,794 354,967 19,192 5.7% Knutzen Family Theatre 66,720 122.117 65,166 60,522 56,156 62,266 26,109 46.5% SWM Fees 3,607,060 3,619,511 1.969.914 3,710,104 2.057,414 2,057,414 - 0.0% Refuse Collection Fees 170,217 166,905 126.679 242.650 162,136 194,260 12.123 6.7% Interest Eamings 197,970 199,843 105,760 256,545 135,929 376,955 243.025 176.6% MiscellaneouslOther - 4 3 4,000 25,002 25,002 - 0.0% n"fe'" In: Utility Tax-Knutzen Theatre 121,640 121.640 121,640 125,495 125,495 125,495 - 0.0% Utility Tax-Debt Service 3,665,661 3,665.661 - 1.347,463 - - - nla Utility Tax-Arterial Streets 690,625 690,625 690.625 1,400,000 1,400,000 1,400.000 - 0.00/0 Utility Tax-New Community Center - - - 492,923 492,923 492.923 - 0.0% Total Operating Revenues 21,619,162 24,766,768 13,762,786 23,839,894 16,191,362 18,189,363 2,998,012 19.7% OPERATING EXPENDITURES "'ity Overlay Program 1,599,792 1 ,572.052 1.064.670 2,662,975 2,320.063 2,320.063 - 0.0% Utility Tax-Admin/Cash Mgmt Fees 55,237 55,237 36,625 57,449 36,299 36,299 0 0.0% Solid Waste 340,130 313.366 202.057 384,690 235,263 210.654 24,410 10.4% Hotel/Motel Lodging Tax 282,627 194,879 145,400 351,164 262,004 111,435 150,569 57.5'll FW Community Center TransitionlStart Up - - - 397,917 397,917 321,365 76,552 19.2% FW Community Center-Operations - - - 1,396,921 767.696 748.922 36,776 4.9% Debt Service 3,678,856 3,618.048 2,543,582 9,365,536 8,230,343 6.230.343 - 0.0% Surface Water Management 3,001,875 2,923,779 1,930.348 3,030,245 2,000.639 1.994,706 5,933 0.3% Dumas Bay Centre 534,626 526,359 327.096 518,384 322.128 385,747 (63.619) -19.7% Knutzen Family Theatre 201,720 216.400 119.794 205,235 113.614 135,453 (21,639) -19.2% Ionaoina Transfers Out: Utility Tax-Celebration Park 245,962 245,962 245.962 255.800 255,800 255,800 - 0.0% Utility Tax-Cammunity Center Oper. 319,000 319,000 319,000 492,923 492,923 492,923 - 0.0% Utility Tax-Arts Comm/RW&B Festival 93,750 93,750 93.750 106.000 106,000 106,000 - 0.0% Utility Tax-Police Positions 625,000 625,000 625,000 700,000 700,000 700,000 - 0.0% Utility Tax-Street Bond Projects 202.000 202,000 202,000 264.275 264,275 284,275 - 0.00/0 Utility Tax-New Street Lights 108,300 108,300 106,300 112.091 112,091 112,091 - 0.0% UtilJlr,i1"ax-Knutzen Family Theatre 121,840 121,840 121,840 125,495 125,495 125,495 - 0.0% Utility Tax-Arterial Streets Overlay 890.625 690,625 890,625 1.400,000 1,400,000 1,400,000 - 0.0% Utility Tax-Camp Kilworth M&O 50.000 50,000 50,000 106,000 106,000 106.000 - 0,0% Utility Tax-Debt Service 3,685.861 3.685,861 - 1.530,300 - - - nla Utility Tax-Transportation CIP 690,625 890,625 890,625 1,400,000 1,000,000 1,000.000 - 0.0% Utility Tax-General Fund Operations - - - 1.238,728 1,238,728 1.238,728 - 0.0% Utility Tax-Prop 1 Voter Package prog - - - 1.837,500 1,837.500 1.837.500 - 0.0% Utility Tax-Community Center Debt Svc - - - 917,183 - - - nla Utility Tax-New Parks M&O - - - 59,000 59.000 59,000 - 0.0% lTotal Operlltlng Expenditures 17,127,828 16,863,106 9,917,073 29,096,994 22,406,780 22,194,998 210,782 0.9% Operlltlng Revenues over/(under) Operating Expenditures 4,691,334 7,932,663 I 3,846,711 (6,266,099) (7,214,427) (4,006,636) 3,208,794 -44.6% OTHER FINANCING SOURCES One- Time Transfers In 76,500 76.500 - 5,683,805 4.583,805 4,583,805 - 0.0'll Grants/Mitigation/Other 114,319 247,425 300.642 232,356 56,012 56,012 - 0.0'll Total Other Financing Sources 190,819 323,926 300,642 6,916,161 4,639,817 : 4,639,817 - 0.0% OTHER FINANCING USES One- Time Transfers Out 4,255,095 4,255.096 4,255.096 4.197,603 4,197,000 4.197,000 - 0.0% Other 76,500 21,326 - - - - - nla Total Other Financing Uses 4,331,696 4,276,422 4,266,096 4,197,603 4,197,000 4,197,000 - 0.0% ENDING FUND BALANCE Arterial Street (1) 59,080 346,798 15,105 - 358,124 nla nla Utility Tax 1,228,601 1,912,636 2,677,190 1,711,179 - 1,989,760 nla nla Solid Waste & Recycling 75,072 99,977 233,191 115,936 - 99,946 nla n/a Hotel/Motel Lodging Tax - 169,064 144,863 0 - 179,502 nla nla FW Community Center - 55,273 - 239.101 - 238,248 nla nla Paths & Trails 24.831 25,400 ! 22,070 34,320 - 31,921 nla nla Debt Service Fund 3,902.710 6.217,346 1,377,208 3,133,291 - 2,668.621 nla nla Surface Water Management 1,033,486 1.163,239 524,276 903,568 - 305,616 n/a nla Dumas Bay Centre Operations (0) (28,226) (371) 6,095 - (22.771) nla nla Knutzen Family Theatre 10.709 31,426 91,082 9,078 - 81.316 nla nla Total Ending Fund Balance $ 6,276,608 $ 9,706,216 $ 6,616,308 $ 6,167,674 $ - $ 6,130,286 nla nla 2 Real Estate Excise Tax Compared to 2006, collections are up $239K or 6.8%. Augusts' receipt of $295K is $82K below August 2006's activity and includes a total of 241 real estate transactions, of which 84 were tax exempt and of the remaining 157, 7 were mobile home sales. The annex area has contributed year- to-date revenue of $75,110. The largest transactions in the current month consist of the sales of Days Inn on Pacific Highway South and the subdivision for Wynstone properties. REAL ESTATE EXCISE TAX REVENUES Year to date thru August 2006 2007 2007 I Cha nge tram 2006 2007 Actual vs Budget Month Actual Budget Actual $Var %Var $Var %Var Jan $ 157,303 $ 80,083 $ 693,595 $ 536.292 340.9% $ 613,512 766.1% Feb 468,067 238,292 219,522 (248,545) . -53.1% (18,770) -7.9% Mar 585,651 298,154 626,241 40,590 6.9% 328,087 110.0% Apr 464,491 236,472 506,747 42,256 9.1% 270,275 114.3% May 536,863 273,316 484,527 (52,336) -9.7% 211,211 77.3% Jun 403,129 205,233 537,424 134,295 33.3% 332,191 161.9% Jul 472,383 240,490 390,307 (82,076) -17.4% 149,817 62.3% Aug 425,803 216,776 294,525 (131,279) -30.8% 77,748 35.9% Sep 821,731 418,343 - - - <kt 322,927 164,402 - - - Nov 589.195 299,958 - - Dee 252.370 128,461 - - - - YTD Total $3,513,688 $1,788,816 $3,752,886 $ 239,198 6.8% $1,964,071 109.8% Annual Total $5,499,911 $2,800,000 Sales Tax Year-to-date revenue of$8.64M is above August 2006 year-to-date revenue of$8.16M by $475K or 5.8%. The current month's Sales Tax of$1.2M is above the 2006 monthly activity by $478 or .04%. Sales Tax bv SIC Code Retail sales continue to remain the largest source of sales tax revenue, accounting for 52% of all sales tax collections. Year-to-date retail sales tax collection is up $369K or 9% above year-to-date 2006; majority of the increase is in the following areas: miscellaneous store retailers, general merchandise stores, and building material and garden. Services industry accounts for 19% of the total sales tax collections. On year-to-date basis, services sales tax is up by $133K or 9% compared to 2006. Food services and drinking places and other services such as repair and maintenance account for this increase. LOCAL RETAIL SALES TAX REVENUES Year-to-date thru August 2006 2007 2007 Change from 2006 2007 Actual vs Budget Month Actua I Budget Actua I $ % $ % Jan $ 938.052 $ 890,608 $ 994,515 $ 56,463 6.0% $ 103,907 11.7% Feb 1,365,682 1,296,610 1,375,200 9,518 0.7% 78,590 6.1% Mar 862,566 818,940 946,690 84,124 9.8% 127,750 15.6% Apr 862,627 818,998 959,015 96,386 11.2% 140,017 17.1% May 996.962 946,539 1,130,690 133,728 13.4% 184,151 19.5% Jun 964 ,269 915,499 1 ,007,787 43,518 4.5% 92,288 10.1% Jul 975,607 926,284 1,026,816 51,209 5.2% 100,552 10.9% Aug 1,197,002 1,136,461 1,197,480 478 0.04% 61,019 5.4% Sep 1,062,683 1,008.938 - - - - - Oct 1,037,502 985,028 - - - - - Nav 1,115,115 1,058,716 - - - - - Dee 1,031,652 979,474 - - - - - YTDTotal $ 8,162,767 $ 7,749,918 $ 8,638,193 $ 475,426 5.8% $ 888,275 11.5% Annual Total $12,409,719 $11,782,071 Wholesale trade accounts for 4% of the total sales tax collections. Year-to-date wholesaling activity is down $36K or 10% below 2006 year-to-date. The negative variance is due to decreasing activity in wholesale trade of durable goods. COM PARISON OF SALES TAX COLLECTIONS BY SIC GROUP "", "', " .n.,I'-:'r {,,'if:"".'!:" ", Year-to-date thru AuguSt. .. .. Component 2006 2007 Change from 2006 Group Actual Actual $ % Retail Trade $ 4,137,406 $ 4,506,707 $ 369,301 8.9% Services 1,516,081 $ 1,648,750 $ 132,669 8.8% Construct/Contract 1,368,059 $ 1,294,723 $ (73,336) -5.4% lM10lesaling 364,082 $ 328,2n $ (35,805) -9,8% Transp/Utility 11,466 $ 9,278 $ (2,188) -19.1% Inforrration 374,313 $ 380,632 $ 6,319 1.7% Manufacturing 110,114 $ 148,331 $ 38,217 34.7% Governrrent 27,486 $ 68,354 $ 40,868 148.7% Fin/Ins/Real Estate 228,712 $ 237,006 $ 8,294 3.6% Other 25,048 $ 16,135 $ (8,913) -35.6% YTD Total $ 8,162,767 $ 8,638,193 $ 475,426 5.8% Information accounts for 4% of the total sales tax collections. Year-to-date information activity is up by $6K or 2% compared to 2006. Telecommunications service providers showed an increase in activity. Manufacturing activity accounts for 2% of the total sales tax collections is up by $38K or 35% when compare to 2006 year- to-date. Majority of the increase is due to increase in activity of a major wood product manufacturing company. Government activity shows an increase of $41K or 149% compared to 2006's activity due to a significant increase in activity of non-classifiable establishments. Construction and contracting activity, which accounts for 15% of sales tax collections, is down $73K or 5.4% from 2006's activity. Sales tax received yea.r-to-date on major City projects total $262K or 20% of total construction and contracting activity. . .;. o.H' ;'(',' 3 Sales Tax bv Area The City's largest retail center, South 348th, which generates 12% of the City's sales tax, is showing an increase of $22K or 2.2% compared to the year 2006. The Commons year to date activity show an Increase of $17K or 2.3% compared to 2006. Major Auto Sale's collection total $273K and is $20K or 8.8% below 2006. S 312th to S316th tax collections are up by $142K or 41.9% compared to the prior year. Pavilion Center tax collections are up by $25K or 8.9% compared to the prior year. Federal Way Crossings was added in May of 2006. Therefore, history information is not available. Year-to-date collections total $112K. SALES TAX COM PARISON by AREA Year-to-date thru August Chg from 2006 Group 2006 2007 $ % Total Sales Tax $8,162,767 $8,638,193 $476,426 6.8% S 348th Retail Block $993,368 $1,016,608 $22,140 2.2% % chg from prey yr 21.8% 2.2% na na Percentage of total 12.2% 11.8"/0 -0.4% -0.034 The Commons 712,067 728,746 $16,688 2.3% % chg from prey yr 33.2% 2.3% na na Percentage of total 8.7% 8.4% -0.3% -0.0329 Major Auto Sales 292,431 272,767 ($19,674) -8.8% % chg from prey yr 30.7% -6.7% na na Percentage of total 3.6% 3.2% -0.4% -0.1186 S 312th to S 316th 393,097 634,816 $141,719 41.9% % chg from prey yr 16.1% 36.1% na na Percentage of total 4.8% 6.2% 1.4% 0.28564 Paylllon Center 338,328 363,367 $26,029 8.9'l % chg from prey yr 20.2% 7.4% na na Percentage of total 4.1% 4.2% 0.1% 0.01487 Hotels & Motels 99,866 110,274 10,419 13.8% % chg from prey yr 31.9% 10.4% na na Percentage of total 1.2% 1.3% 0.1% 0.04356 FW Crossings 16,324 112,316 96,992 100.0% % chg from prey yr na 588.04% na na Percentage of total 0.2% 1.3% 1.1% 5.50172 Gambling Tax Gambling tax collection through August is $975K. In comparison to 2006 year-to-date collection, 2007's tax collection is higher by $56K or 6%. Based on 2007 YTD revenue, gambling activities has generally increased since the 2006 negative impact of the smoking ban. GAMBLING TAX REVENUE Year- To-Date Through August 2006 2007 2007 Change from 2006 2007 Actual vs Budget Month Actual Budget Actual $Var %Var $Var %Var Jan $ 145,990 $ 128,487 $ 145,237 $ (753) -0.5% $ 16.749 13.0% Feb 123,992 109,126 108.503 (15,489) -12.5% (624) -0.6% Mar 103,346 90,955 118,866 15,520 15.0% 27,911 30.7% Apr 121,394 106,840 131,362 9,967 8.2% 24,521 23.0% May 94,551 83,215 116,814 22,263 23.5% 33,599 40.4% Jun 101,385 89,230 111,283 9,898 9.8% 22,053 24.7% Jul 104,308 91.802 129,326 25,018 24.0% 37,523 40.9% Aug 124,513 109,585 113,713 (10,801) -8.7% 4,127 3.8% Sap 123,753 108,916 - - - - - Oct 114,264 100,565 - - - - - Nav 106,065 93,349 - - - - - Dee 99,906 87,928 - - - - - YTD Total $ 919,479 $ 809,242 $ 976,102 $ 66,623 6.0% $ 166,860 20.6% Annual Total $ 1,363,468 $ 1,200,000 Table reflects gambling activities on accrual basis. HoteVMotel Lodging Tax Hotel/Motellodging tax collections through August total $121 K. Compared to 2006, the lodging tax is $18K or 17% above the same period. HOTEL/MOTEL LODGING TAX REVENUES Year-to-da te thru August 2006 2007 2007 Change from 2006 2007 Actual vs Budget Month Actual Budget Actual $ Var "Var $Var "Var Jan $ 11,357 $ 11,349 $ 13,411 $ 2,054 18.1% $ 2,062 18.2% Feb 11,290 11,282 14,883 3,593 31.8% 3,601 31.9% Mar 11,953 11,945 12,748 795 6.7% 803 6.7% Apr 11,675 11,667 12,545 870 7.5% 878 7.5% May 15,039 15,029 15,638 599 4.0% 609 4.1% Jun 11,798 11,790 13,330 1,532 13.0% 1,540 13.1% Jul 14,245 14,235 14,846 601 4.2% 611 4.3% Aug 16,626 16,615 24,090 7,464 44.9% 7,475 45.0% Sep 18,082 18,070 - - - - - Oct 20,389 20,376 - - - - - Nav 15,636 15,625 - - - - - Dee 17,130 17,118 - - - - YTD Total $ 103,982 $ 103,912 $ 121,491 $ 17,509 16.8% $ 17,579 16.9% Annual Total $ 175,219 $ 175,100 4 Utility Tax Utility taxes received through August total $8.29M and is above 2006 year to date collections by $2.] 6M or 35%. Compared to year-to-date 2006, Electricity is up $786K or 39%, Gas is up $426K or 35%, Cable is up $259K or 4] %, Phone is up $89K or ]4%, and Cellu]ar phone is up $438K or 37%. UTILITY TAXES Year-to-date thru August 2006 2007 2007 Change from 2006 2007 Actual vsBudget Month Actual Budget Actual $Var %Var $Var %Var Jan $ 876,526 $ 977,747 $ 944,269 $ 67,743 7.7% $ (33,478) -3.4% Feb 837,744 1,021.356 1,047,027 209,283 25.0% 25,670 2.5% Mar 800,882 1,009,888 1,165,897 365,015 45.6% 156,009 15.4% Apr 923,126 1,064,901 1,244,313 321,188 34.8% 179,413 16.8% May 766,898 961,269 1,049,837 282,939 36.9% 88,568 9.2% Jun 643,613 812,768 979,424 335,811 52.2% 166,656 20.5% Jul 655,651 787,028 954,287 298,636 45.5% 167,260 21.3% Aug 627,786 760,015 902,315 274,528 43.7% 142,300 18.7% Sep 633,958 760,319 - - 0.0% - - Oct 723,406 831.616 - - 0.0% - - Nov 696,658 827,757 - - 0.0% - - Dee 857,202 1,036,622 - - 0.0% - - YTDTotal $ 6,132,225 $ 7,394,971 $ 8,287,369 $ 2,155,143 35.1% $ 892,397 12.1% Annual Total $9,043,449 $10,851,286 YTO Tax rebate. are included in YTO Total. UTILITY TAXES Year-to-date thru August 2006 2007 Change from 2006 Actual Actual $Var %Var Seclric $ 2,001,925 $ 2,788,312 $ 786,387 39.3% Gas 1,208,746 1,635.200 426,453 35.3% Solid Waste 379,136 493,677 114,541 30.2% Cable 626,196 885,225 259,029 41.4% Phone 626,451 715,237 88,786 14.2% Cellular 1,187,859 1,626,167 438,308 36.9% Pager 189 335 146 77.4% SIMJI 107,078 148,619 41,541 38.8% Tax Rebate (5,354) (5,401) (47) 0.9% YTDTotal $ 6,132,225 $ 8,287,369 $ 2,155,143 35.1% Update on Proposition 1 The following table provides a comparison of utility tax revenue collections at the 6.00% rate and the revenue collections at 1.75% for proposition] funding. To date, prop I utility tax collections total $1.42 million or approximately 77.4% of the total budget of$1.8 million. Year-to-date prop] expenditures total $1.48M or 65.0% of the $2.28 million budget. Utilitv Tax Revenue ComDarison Year 2006 Year 2007 Variance - 2006 vs 2007 @ 6.00% Month 6.00% 6.00% 1.75% . Total $ Change % Change January $ 876,526 $ 944,269 $ - $ 944,269 $ 67,743 7.7% February 837,744 1,047,027 - 1,047,027 209,283 25.0% March 800,882 902,630 263,267 1,165,897 101,748 12.7% April 923,126 963,339 280,974 1,244,313 40,213 4.4% May 766,898 812,777 237,060 1,049,837 45,879 6.0% June 643,613 758,263 221,160 979,424 114,650 17.8% July 655,651 738,803 215,484 954,287 83,152 12.7% August 627,786 698,566 203,748 902,315 70.780 11.3% September 633,958 - - - - 0.0% October 723,406 - - - - 0.0% November 696,658 - - - - 0.0% December 857,202 - - - - 0.0% YTD Total $ 6,132,225 $ 6,865,675 $ 1,421,694 $ 8,287,369 $ 733,448 12.0% Annual Total $ 9,043,449 nla nla nla nla nla Annual Budaet $ 8,407,499 $ 9,013,787 $ 1,837,500 10,851,287 606,288 7% . 1.75% utility tax rate increase for proposition 1 funding is effective February 4, 2007. Budget is based on 9 months. Utility tax receipts lag 1 month (i.e. February utility tax are received by the City in March.) ..~ ~: .:1 Proposition 1 ExpenditUres Total Budget YTDAug Actual % Spent . Public Safety in1>rovement Fbsitions & Costs: R:Jlice Ser\lices (inCli.Jdes swornpostiOns, records clerk, and indirect $ 1,372,221 $ 829,194 60.4% Inforrration Technology support costs) Court Services (inCludes Judge, Court Clerk, Prosecutor, public defender 253,450 165,708 : 65.4% : contract, and indirect Inforrration Technology support) Total Public Safety Improvement Positions & Costs 1,625,671 994,902 61.2% Cormunity Safety Program Costs: Code EnforcerreniOrficer 61.794 38,487 62.30/0 Code Enforcement Qvi! Attorney 47,947 25,990 54.2% Park Maintenance (vandalism,graffiti repair/rerroval, and park security) 70,807 45,678 64.5%: Total Community Safety Improvement Program Costs 180,548 110,155 61.0% Indirect Support - IiJrran Resources Analyst .50 FTE 31.281 22,050 70.5% SubtotalOl1going Expenditures $ 1,837,500 $ 1,127,108 61.3% CapitaVStartup 440,990 354,294 80.3% 5 Total Prop 1 Expenditures $ 2,278,490 $ 1 ,481,402 65,0% State Shared Revenue Year-to-date distribution of $3.6M is above 2006's activity by $397K or 12%. Liquor excise tax, criminal justice high crime, local criminal justice sales tax, and fuel tax are up. The City will continue to receive high crime funding based on 2006's crime statistics. STATE SHARED REVENUES Year to date thru August 2006 : 2007 Change from 2006 Revenue Actual Actual $ % Li9uo~ Profits Tax $ _~7'fl,8fl~_ L $ _~ ~___~.!l~ 24.4% -- LiqlJ()r_~xcise_Tax ~_ ~~~,!l9_01_ 289,55~ ~___~~560 10.1% -- .------------- Crim Just - Population --~~:~~f _~2,29_~ 1,993 3.3% -,,- - -.-.------ Criminal Just High Crime 138,596 93.473 207.1% __..m_~_ ----;;l3T-- --.. Local Crim Just Sales Tax _l,2:7'fl,8351 1-,-382,6~~ ____1.03,793 8.10/0 F~e!1"<IX-=-____~ __!.2~0.140 i _1,~~ _~O2.4~ 8.1% - -. ~ 1--- ----- DUI - Cities ___1Q,7.oQJ _11,048 347 3.2% ------- ~._. ..-.--- YTD Total $ 3,196,970 I $ 3,693,673 $ 396,703 12.4% . Fuel tax is included in both general/street, designated operating funds, and transportation CIP. Permit Activity Year-to-date building permit activity is below 2006's year-to-date activity by $159K or 7.8%. Compared to year-to-date budget estimates, permit activity is up $440K or 30.7%. Significant permits during August 2007 include Genesis Real Estate, Life Care Center, Mishchuk and Graham Short plat. Community Development's positive expenditure variance of $116K is mainly due to timing of payments, under spending of one-time funded programs, and salary and benefits savings. BUILDING PERMITS & FEES Year-to-Date Through August 2006 2007 2007 ~ Change from 2006 2007 Actual vs Budget Actual Budget Actual $ % - $-I~-- Jan 111,925 ~~- 186,857 74,932 66.9% .!.<!7_,!l~5_+___~~ --_._-~---_.-.._... 284.798 Feb 239,689 169,014 45,109 18.8% -.1!~"'!l4.~ _.._~~ ----------------- ---~--- -- -~ Mar -- 217,839 153,606 _~9,6!~ 51,774 23.8% 116,00l)1..__~ .--.."."......-.-.-..---- ---- .--- ~'- ------- __ 306,21 '! 215,923 303,057 (3,156) -1.0% 87,135 I 40.4% ... ... ...-.---- .~ -~ ..-------.-------!..----..-------- M~y___~_ ____ 228,733 161,288 226,214 ---~ -1.1% _~,!l:!l)_j 40.3% . -- ----- ---- ~n ~ 245,637 ____!?3,2Q!!_ :!?3,124 17,487 ..~ __ 89,~1.?1 51.9% __H""__"_._ -- -,~.~_..- -----~ Jul 274,730 _ 193,7_22 ..17'~!257 (95,473) -34.8% ~;~j --~ .. ..._.._"-,.~..._.- -.--- ---=61:1% ~lJ~L 404,296 _~5.08.4 . u157'.,~7'~_ (246,925) -44.8% --~_._---- -..... .-.---- ~eL---- _ 171,649_ ____~Q~~ - '__-"0'- ------.--- ------ ------- g~~..._.. 238,296 _..J.68,03U - - - 153,824 t__1.Q8~~7'._i .-.---- -- ---.-..-.-..---. ____ I.. ------- Noy - - : - 1=--------- -. .-...- -- --- ~--_...._. -------- -----." :f- Dec 213,512 150,555 i - - - - YTD Total 2,029,063 1,430,767 , 1,870,291 (158,771) -7.8% 439,524 i 30.7% Annual Total 2,806,343 1,978,857 i na na na na ~p thru July** 1,512,875 I ~!~~~ j u_ ---or f--- .---- ------- Recovery Ratio 134.12%' 122.53% -Exp included CD Admin (001-5200-071), Plenning (001-5200-073), and Building (001-5200-074) Right-of-way permits and dev~lopment services fees are down by $29K or 8.1% when compared to 2006's year-to-date activity. Public Works Operations year-to-date expenditures total $2.6M and is $265K or 9.2% below budget estimates. Savings can be found in various lines items such as under spending of one-time funded programs, road services, repair and ' . .'. maintenance, electricity, and other improvements. Some of the under spending are due to timing ofpaymem:il. st. ROW PERMITS & DEVELOPMENT SERVICES FEES Year-to-Date Through August 2006 2007 2007 Change from 2006 2007 Actual ys Budget Actual Budget Actual $ % $ % Jan 36,913 32,127 33,025 (3,888) -10.5% 898 2.8% Feb 45,720 39,792 50,655 4,935 10.8% 10,863 27.3% Mar 34.545 30,066 21,834 (12,712) -36.8% (8,233) -27.4% Apr 25,072 21,821 59,623 34,551 137.8% 37.802 173.2% May 33,195 28,891 39.068 5,873 17 .7% 10,177 35.2% Jun 44,256 38,518 36,329 (7,927) -17.9% __,<,2,189) -5.7% Jul 39,068 34,003 64,193 25,124 64.3% 30,190 88.8% Aug 101,615 88,440 26,372 (75,243) -74.0% (62,068) -70.2% Sep 29,635 25,792 _."- - - - - Oct 42,602 37.078 -~-- - - - - !\by 90,364 ---ie,648 - -- _.___._.__.._u_ - - - - Dec 23,603 20,543 - - - - YTDTotal 360,383 313,657 331,097 (29,286) -8.1% 17,440 5.6% Annual Total 546,587 475,719 na na 6 Public Safety Expenditures through August total $12.6M, and is $658K or 4.9% below the year to date budget of $13.3M. The favorable variance is comprised of salarylbenefit savings offset by increases in overtime and termination pay, under spending of other various line items, and one-time funded programs. Through August, City overtime is 48% or $174K above last year. There is a 44% increase in overtime for contracted services and traffic school. When the increase from the billable overtime is included, the total overtime increased to $196K or 47%. PS Overtime by Type through August Type 2006 2007 $ % Training $ 22,841 $ 25,822 $ 2,981 13% Court 18,656 19,495 839 5% Field Oper 282,076 392,226 110,149 39% SOAP - - - n1a Other 41,874 101,931 60,057 143% City Portion 365,447 539,473 174,026 48% Traffic Scho< 23,020 34,289 11,269 49% Horreland Se - - - n1a Billable 50,353 72,449 22,097 44% Grand Total $ 415,800 $ 611,923 $196,123 47% PS Overtime 9i Month 2006 2007 2007 Change from 2006 2007 Actual vs Budget Actual Budget Actual $ % $ % Jan $ 51,717 $ 35,611 $ 68,853 $ 17,136 33% $ 33,242 93.3% Feb 46,446 31,982 66,743 20,297 44% 34,762 108.7% Iv'ar 51,638 35,556 72,669 21,031 41% 37,113 104.4% Apr 56,413 38,844 71,885 15,472 27% 33,041 85.1% Iv'ay 45,026 31,004 69,400 24,374 54% 38,396 123.8% Jun 61,129 42,092 84,568 23,438 38% 42,476 100.9% Jul 53,903 37,116 81,970 28,067 52% 44,855 120.9% Aug 49,527 34,102 95,835 46,308 94% 61,733 181.0% Sep 58,165 40,050 - - - - - Oct 58,234 40,098 - - - - - f'.tlv 49,402 34,017 - - - - - Dee 50,146 34,529 - - - - . Total $ 415,800 $ 286,306 $ 611,923 $196,123 47% $ 325,617 113.7% Annual Total $ 631,746 $ 435,000 Jail Services Jail Services through August is $1,032M and is exceeding the year-to-date budget estimate of$868K by $ 164K. King County, Enumclaw, Yakima, and Fife jail services and prisoner medical payments are all up. '-'''.' Court Municipal Court year-to-date expenditures of$818K is $76K or 9% below estimates. The expenditure savings is comprised of salarylbenefits due to position vacancies. Excluding probation through August revenue is up $84K or 14.3% compared to year- to-date 2006. The revenue increase is mainly due to two full time judges and the Court now accepting credit card payments. Traffic and non-parking fines total $423K and is $66K or 19% above year-to-date 2006. Parking infractions total $32K and is $9K or 22% below year-to-date 2006. DUI and other misdemeanors total $65K and is $337 or 1 % above year-to-date 2006. Criminal costs total $21K and is $5K or 35% above year-to-date 2006. Criminal Conviction Fees total $14K and is below year-to-date 2006 by$3K. COURT Rl:VENlJ: Through August 2006 2007 2007 Change from 2006 2007 Actual vs Budget Month Actual Budget Actual $Var %Var $Var %Var January $ 63,844 $ 58,353 $ 74,292 $ 10,448 16.4% $ 15,939 27.3% February 77,646 70,967 71,310 (6,336) -8.2% 342 0.5% March 68,498 62,607 92,354 23,856 34.8% 29,748 47.5% Apri 75,494 69,001 77,737 2,242 3.0% 8,736 12.7% May 78,082 71,367 79,456 1,373 1.8% 8,089 11.3% June 81,345 74,349 96,805 15,460 19.0% 22,456 30.2% July 68,616 62,715 89,457 20,841 30.4% 26,742 42.6% August 78,613 71,851 95,156 16,543 21.0% 23,305 32.4% Septerrber 75,256 68,784 - - - October 79,872 73,002 - - Noverrber 73,816 67,467 - - - - Decerrber 64,632 59,073 - - - - Subtotal $ 592,139 $ 541,210 $ 676,566 $ 84,427 14,3% 135,356 25.0% A"obation Svcs 58,447 73,420 67,295 8,848 i 15.1% (6,124) -8.3% YTDTotal $ 650,585 $ 614,629 $ 743,861 $ 93,276 I 14.3% 129,232 21.0% Annual Total $971,689 $917,535 nal na na na COURT REVENUE 9i Category Through August ...1. -.. 2006 2007 Change from 2006 Actual Actual $Var %Var Civi Pena~ies $ 10,928 $ 9,570 $ (1,358) -12.4% Traffic & Non-Parking 356,644 422,739 66,095 18.5% Parking Inf ractions 41,435 32,311 (9,124) -22.0% 001 & Other IIItsd 64,654 64,992 337 0.5% Crirrinal Traffic IIItsd 27,543 28,369 826 3.0% Crirrinal Costs 15,394 20,824 5,430 35.3% Interest I Other IlIItsc 14,686 22,876 8,190 55.8% Crirrinal Conv Fees 17,174 14,207 (2,966) -17.3% Shared Court Cos Is 6,378 14,328 7,950 124.6% Services & Charges 37,304 46,352 9,048 24.3% Su btotal $ 592,139 $ 676,566 $ 84,427 14.3% A"obation Services 58,447 67,295 8,848 15.1% YTD Total $ 650,585 $ 743,861 $ 93,276 14.3% . Criminal costs include screener fees. 7 Parks & Recreation Overall parks operations expenditures through August total $2.32M, which is $155K or 6.3% above the year-to-date budget of $2.48M. Dumas Bay Centre and Knutzen Family Theatre's revenues and expenditures are both above budget. The increases in activity at Dumas Bay Centre and Knutzen Family Theatre triggered increasing in expenditures such as maintenance, janitorial costs, and capital purchases, etc. The table below is a comparison of budgeted versus actual subsidy and recovery ratio by program. GENERAL RECREATION & CUL TURAL SERVICE PROGRAMS AND DUMAS BAY CENTRE PERFORMANCE Year to Date Through August 2007 Budget Actual Program Revenue ~EN~~.!-_~~RE~TION ______ _n_ ... Steel La_k_e_~9_lIa--'ic~_. .____ __ 2,.0.0.0 I..... ~rt~~~pec~~~~________ 93,.0.0.0, Y~lt1~thletics__________n_ 42,45.0 f _~.cJlJI!AthiEl~!~_______ e.- ~'IO,77D f __c:<>.mmll~ty Rec~<ltion _ ____I--1.~4..QDO ! __~ecre~~~~~_________ _.__~8,8!)D:. I-- Youth Commission.__ 1--.._..2()D~ =~~~;o~;~~~~::~I=--=_~=~ ~::i~~i f $ --Aciministrat~------- ~------ ~"1 I Expend Recovery Ratio Recovery Ratio Variance Subsidy Subsidy Revenue Expend Subsidy --r-- ~ ,---.----......--- 2.0,278 I 18,278 9.9% ~68,66~~:__..if~~ ==1{~ 1.01,236 i 58,786 41.9% Ecl,69~r _'(1.0.0,.077)-171.1%,... 1~.5,21~.t. 21,219 85.4% 6!'~54 u~ __!~~~ __ 1.8_D~_r 1 ,3.0.0 _~ _ 41,55.0 I 28,.05.0 32.5% 131,558 __ 72,818 44.6~ 912,954 $ 289,144 68.3"10 J. 3.04.665 3.04,665 n/a $ 623,810 $ 1,217,619 '$ 593,809 51.2"10 $ $ 1,248,117 $ 1,396,921 i $ 148,804 89.3"10 $ - . i .. -~18:0~i ~~-~1.8-,-o81I ---.. . nJa - . '-1-9"7 :~'::;i'fi~- !~~ ,~:~~~j~ i~H~-} 96,388- ... @,D55J:-_161.3% _ 8.0,274 n_-.'.~_3._-:-_.s3.:17)4:jr_'. -~~!~~!. ___~~ _. _.ll.3.~~ n__ ~~ 832_~____~9~o _n___~ ___19,14()1_____~!~~___ 3~~___..~.9~ __j~ ._1.6,1.04 _ ___45,446 29,342 _ 35.4% . __~~~~ 489,234.! 523,015 $ 33,781 __ 93.5"10 L_~~ - 213,548 213,548 n1a 91,116 489,234 $ 736,563 $247,330 66.4% $346,479 506,333 $ 748,922 $ 242,589 67.6"10 ($93,785 TOTAL GENERAL RECREATION TOTAL FW COMMUNITY CENTER DUMAS BAY CENTRE --.---~-_____ ___n_n.... ..j. __Dumas Bay'Centr~_~_ ___ __~12,62_5 i 518,364 Knutzen Familv Theatre 8.0,522 ' 2.05.235 $ 593,147 I $ 723,599 $ ~~~bmT~~~n'--_-_.- T2,465,oi~I$3,34~~=~+$ TOTAL DUMAS BAY CENTRE .. .____._..__ .m. _..... ..____ 5,739 98.9% 124,713 39.2% 130,452 82.0"10 $ 4,25.0 n/a 877,315 73.8"1. $ . _mo. _______ __(?3!l31. 71,528 $46,507 ___ 9, !.~ $ 308,387 -- . ... --.-.- ---- ~~~_n. 53,185 $ 83,945 '__Hui4,935ll $ 568,928 I _ 354,987 _ "_H~ _ 82,268 135,453 437,254 $ 521,199 5,39.0 455 1,438,211 r2,'007,139 92..0% 6.0.7% 83.9% 1185.1% 71.7% General Recreation and Cultural Services Direct program expenditures total $523K or 57.3% of the total annual budget of $913K not including indirect costs. Including indirect administration costs, recreation expenditures total $737K and are 60.5% of the total annual budget of $1.22M. Recreation fees total $489K and are 78.4% of the total annual budget of $624K. Recreation fees have recovered 93.5% of direct program costs and is 25.2% above the annual budgeted recovery ratio of 68.3%. Considering indirect administration costs, the recovery ratio is reduced to 66.4% or 15.2% above the annual budgeted recovery ratio of 51.2%. General recreation fitness programs are expected to decline as a result of the opening of Federal Way Community Center. Dumas Bav Centre Dumas Bay Centre operating revenue of $355K is up by $19K or 6% compared to year to date budget of $336K. Operating expenditures through August total $386K, which is $64K or 20% above the year to date budget of $322K. Dumas Bay Centre'i(."': has recovered 92% of its operating expenses. Knutzen Familv Theatre Operating revenue of $82K is up $26K or 47% compared to the year to date budget of $56K. Operating expenditures through August total $135K, which is $22K or 19% over the year to date budget of$144K. Knutzen Theatre has recovered 60.7% of its operating expenses. 8 Federal Way Community Center The Federal Way Community Center Fund was established as a special revenue fund supported by user fees and designated utility tax transfer. The facility opened early March with a grand opening on March 31, 2007. The transition/startup revenues and expenditures include Kenneth Jones Pool and Klahanee Community Center first quarter's activity. The first three months of activity at the Federal Way Community Center is also considered transitional. These costs are accounted for under the categories other sources and other uses as shown in the corresponding table. The operating revenue budget includes $1.25M in user fees/program revenue and $493K in utility tax subsidy. Through August, operating revenues total $506K and is $187K or 27% below YTD projections. To date, operating expenditures total $749K and is $39K or 5% below YTD budget estimates. Federal Way Community Center has recovered 67.6% of operating expenditures compared to the budgeted recovery ratio of 89.3%. Other Departmental Variances City Council year-to-date expenditures total $270K is $18K below estimate. City Manager year-to-date expenditures of $702K is over estimate by $29K mainly due to an increase in public defender costs. Economic Development year-to-date expenditures of $151K or $127K below target mainly due to under spending of one time funded programs. Management Services year-to-date expenditures of $1.39M is $28K below estimate mainly due to timing of payments and salary savings from vacancies. Law year-to-date expenditures total $861 K and is $126K below estimates due to salary savings from vacancy, under spending of outside legal services due to timing, and under spending of one-time programs. Federal Way Community Center Beginning Balance Revenues Adnissions Youth Athletic A"ograll'5 Open Gym'lndoor Aayground Aquatics A"ograll'5-Lessons/Oasses Childcare Fees Frtness Training Fees ToweVequipment Rentals FboI Rentals/Corrpetijjve-Lap Lanes Rentals ^ Mlrchandise Sales ConcessionsNending Interest Earnings Total Revenue Expenditures Personnel Costs Supplies Other Services & Charges Intergovernrrental Capital . Internal Service Charges Total Expenditures Operatin~RevOverJJUnde.rExp) Othe r Trans~ion Revenue ........------.---.,-..,.."".,."."'.,..''''......, Transfer In from General Fund 'transferirlfrClrl1.r'iCCPFuncl Transfer In from lAax Fund .-....",."-"....""""""",,... Total Other Sources Other Uses Trans~ion/Startup Costs Total Other Uses Ending Balance: Reserved for Cap~al Retained Earnings Total Ending Balance 2007 Variance Annual YTD YTD Budget Budget Actual $ % $ 55,273 $ 55,273 $ 55,273 0.0% 962,250 534,583 281,313 (253,271): -47.4% 15,750 8,750 (8,75g) -100.0% 500 278 (278) -100.0% 76,180 42,322 82,175 39,853 94.2% 19,832 11,018 (1~) (11,033) -100.1% 14,625 8,125 248 (7,878), -97.0% 4,570 2,539 (2,539) -100.0% 18,300 10,167 60,539 50,372 495.5% 113,106 62,837 57,m (5,060). -8.1% 11,954 6,641 12,184 5,543 83.5% 11,050 6,139 (6,139) -100.0% 12,113 12,113 . n1a .....""."""'..."......---.,.. 1,248,117 693,398 506,333 .. .... (187,065) , -27.0% 880,330 489,072 452,240 36,832 7.5% 99,940 55,522 86,009 (30,486) -54.9% 294,444 163,580 130,460 3:l,126 r. 20.2% 1,029 572 5,336. (4;!63,). -833.3% 16,500 9,167 5,085 4,081 44.5% 104,678 69,785 69,792 (7) 0.0% 1,396,921 787,698 ?~,~~_... 38,776 4.9% (148,804) (94,300) (242,~).... (148,289) 157.3% 33,820 33,820 56,26f ..'16,381 48.4% 30,000 30,000 36,()ijo. 0.0% 173,805 173,805 173,!lOf 0.0% 492,923 492,923 492,923 0.0% 730,548 730,548 746,929 16,381 2.2% 397,917 397,917 321,365, 76,552 19.2% 397,917 397,917 321,365 76,552 19.2% 239,100 239,100 23il;100 ....... 0.0% 54,505 (852) (55,356) -101.6% $ 239,101 $ 293,605 $ 238,248 (55,356) -18.9% 9 CASH & INVESTMENTS The following table shows the in-house investment activity schedule and their related yields and comparison to benchmark. Per policy, the basis used by the City to determine whether market yields are being achieved is the range between the average 6- month US Treasury Bill (4.51%) and the State Investment Pool (5.23%). The average portfolio yield is 5.26% and falls between the two benchmarks. Investment Schedule Auguat 2007 Settlement Interest Investment Maturity Yield to TVDe Date Payments Par Amount Cost Date Maturity Aaencv - FNMA 3136F3UT1 05/30/03 06/03/06 $ 1,000,000 997,529 12/3/2007 2.59% Aaencv - FHLMC 3128X4RFO 10/24/05 04/05/06 - 10/06/06 $ 1,000,000 999,990 10/24/2007 4.63% Aaencv - FHLMC 3128X4RFO 10/24/05 04/05/06 - 10/06/06 $ 1,000,000 1,000,000 10/24/2007 4.63% Aaencv - FHLB 3133XLJ53 08/10/07 $ 1,000,000 1,008,622.78 7/2/2009 5.29% Aaencv- FHLMC 3128X6CG9 08/10/07 06/11/08 - 12/11/08 $ 1,000,000 1,008,954.17 6/11/2009 5.55% Aoencv - US T-BOND 912828LP 08/10/07 N/A $ 1,000,000 1,012,722.83 4/30/2009 4.50% Subtotal In-House Investments $6,000,000 6,027,819 Averaoe Maturitv 178 Averaoe Yield to Maturity 4.99% Averaoe Yield - 6 mo. T-BiII 4.51% Municioallnvestor Account 21,314,440 1 day 5.39% State Investment Pool 31,701,627 1 day 5.23% Averaoe Portfolio Maturitv & Yield 19 5.26% Total Investments 59,043,885 The total invested balance at the end of August is $59.04M, which includes $31.70M in the state investment pool, $6.03M in- house investment purchases, and $21.31M in the Municipal Investor Accounts. The state pool is composed of repurchase agreements (32.31 %), treasury securities (.54%), agency coupons (7.78%), IB bank: deposit (6.65%), agency floating rate notes (0.22%), discount notes (45.45%) and certificates of deposit (7.05%). The City's total investment portfolio is made up of 52% State Pool, 8% In-House Investments, and 40% Municipal Investors Accounts. Total Portfolio by Category August 31, 2007 Interest Rates Comparison For the Month of August ,.' rv\micipal Investors Accounts' ... 40% State nvestrrent Pool 52% 6.0% 5.0% 11Il6-Mmth T-BiII --I . State Investrrent Pool 4.0% 3.0% Din-house Investrrent 2.0% o Mmicipallnvestor Account . Portfolio Average -'-1 In-House Investrrents 8% 1.0% l_M% 2004 2005 2006 2007 10 COUNCIL MEETING DATE: October 16,2007 ITEM #: ~ c.... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: VOUCHERS POLICY QUESTION: Should the City approve the vouchers in the total amount of $2,909,041.12 COMMITTEE: Finance, Economic Development, and Regional Affairs Committee MEETING DATE: October 2,2007 CATEGORY: [gJ Consent D Ordinance D City Council Business D Resolution ~!~~!'~!.2!!~Y:Ih:(.)~~!:1.~Cl~~~MCl:f.1l:lg~!. . mmmmmmmm . m.......mmmmmmmm__ D Public Hearing D Other DEPT: Management Services I, the undersigned, do hereby certify under penalty of peIjury that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claims are just and due obligations against the City of Federal Way, Washi , and that I am authorized to authenticate and certify said liens. Attachments: Voucher List Options Considered: NA STAFF RECOMMENDATION: NA CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~~ee ~ Council COMMITTEE RECOMMENDATION: "] move approval of the vouchers and forward to the October 16, 2007 Council Me q;~ - Committee Chair PROPOSED COUNCIL MOTION: "] mov approval of the vouchers pursuant to RCW 42.24." (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 # 1 ST reading Enactment reading ORDINANCE # RESOUJTION # apChkLst Final Check List Page: 1 08/31/2007 7:46:45AM CITY OF FEDERAL WAY Bank: key us bank Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 200206 8/22/2007 010339 MAYNARD,RANDY MAYNARD 2007 8/21/2007 PS-REIMB. AIRFARE - FTO TF 208.80 208.80 Voucher: 200206 200207 8/31/2007 009571 AA PARTY RENTALS 071311 7/5/2007 PRCS-RWBF CANOPY RENT) 3,970.66 3,970.66 Voucher: 200207 200208 8/31/2007 001360 AABCO BARRICADE COMPAN73678 7/5/2007 PRCS-RWBF SIGNAGE 409.68 409.68 Voucher: 200208 200209 8/31/2007 000332 ABC LEGAL MESSENGERS IN0139352-1 7/31/2007 LAW-7/07 MNTHL Y SRV CHR( 122.00 122.00 Voucher: 200209 200210 8/31/2007 004234 ABT TOWING OF FEDERAL W23889 7/31/2007 PS-TOWING SVCS 335.41 335.41 Voucher: 200210 200211 8/31/2007 001856 ACTION SERVICES CORPORt57341 7/31/2007 PWST-AG07-002 7/6/07 STRE 50.00 50.00 Voucher: 200211 200212 8/31/2007 000109 ACTIVE SECURITY CONTROL 14122 8/7/2007 PKCP-LOCKSMITH SVCS 105.61 105.61 Voucher: 200212 200213 8/31/2007 006723 ACXIOM RISK MITIGATION 1043215 8/13/2007 PS-ACXIOM INVEST. SUBSCF 2,400.00 2,400.00 Voucher: 200213 200214 8/31/2007 009404 AEGIS LEGAL SERVICES LLC 100 8/20/2007 CM-CONFLlCT DEFENDER S\ 1,125.00 1,125.00 Voucher: 200214 200215 8/31/2007 000568 AGRI SHOP INC 349931 8/3/2007 MSFL T-THROTTLE CABLE 153.44 Voucher: 200215 351241 8/14/2007 PKM-CHAIN SAW BAR OIL 28.72 182.16 200216 8/31/2007 009764 ALL ACCESS PRINTING & MAI11980 8/8/2007 MSHR-CM'S BUSINESS CARe 79.50 79.50 Voucher: 200216 200217 8/31/2007 010317 ALLIED MEDICAL PRODUCTS 48970 8/14/2007 CM/CC-DEFIBRILLATORS FOI 6,560.00 6,560.00 Voucher: 200217 200218 8/31/2007 001285 ALPINE PRODUCTS INC TM-86237 8/6/2007 PWST-DURO-FLEX ASPHALT 2,717.62 Voucher: 200218 TM-86227 8/6/2007 PWST-SQUEEGEES 66.97 2,784.59 200219 8/31/2007 001522 AMERICAN RED CROSS 10017734 8/6/2007 FWCC-SWIM COACHES SAFE 119.00 119.00 Voucher: 200219 200220 8/31/2007 005833 ANNA'S PARTY RENTALS 13024 7/17/2007 PRCS-RWBF CANOPY RENT) 2,475.64 2,475.64 Voucher: 200220 200221 8/31/2007 005715 ARCH WIRELESS HOLDINGS Q6163838H 8/2/2007 MSTEL-8/07 PAGER LEASE 45.96 45.96 Voucher: 200221 200222 8/31/2007 007158 ARCHIVES NORTHWEST LLC 0001917 8/3/2007 PS-(7/07) STORAGE FEE 361 .19 361 . 19 Voucher: 200222 Page: 1 apChkLst Final Check List Page: 2 08/31/2007 7:46:45AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date DescriDtion Amount Paid Check Total 200223 8/31/2007 005301 ASPLUND SUPPL Y INC 650826 7/11/2007 FWCC-UPHOLSTERY CLEANI 45.74 Voucher: 200223 654454 8/2/2007 FWCC-GUM REMOVER 37.88 83.62 200224 8/31/2007 000437 ASSOCIATED COURIERS INC 5166 8/6/2007 CD-COURIER SERVICE 43.60 43.60 Voucher: 200224 200225 8/31/2007 001233 AT&T BUSINESS SERVICE 030 598 3151 00 8/6/2007 MSTEL-7/07 LONG DISTANCE 68.31 68.31 Voucher: 200225 200226 8/31/2007 010315 AUTOMATED CONTROLS 07-020S1-1 8/9/2007 PRCS-AG07-149 AUTO. SYS. 14,984.64 14,984.64 Voucher: 200226 200227 8/31/2007 005587 AVAYA INC 2725953334 8/4/2007 MIS-(7/07) PBX MAINT 1,036.42 1,036.42 Voucher: 200227 200228 8/31/2007 007686 B&H PHOTO & VIDEO INC. 204303900-2847 8/14/2007 GAC - SHURE DUAL CH SYS 1,594.00 Voucher: 200228 204849000-2847 8/14/2007 GAC - RODE NTG-2 SHOTGUi 523.00 2,117.00 200229 8/31/2007 009135 BASSAGE, BRIAN BASSAGE 2007 8/21/2007 PS-BOOT ALLOWANCE - BAS 75.00 75.00 Voucher: 200229 200230 8/31/2007 005645 BERTUCCI, MICHAEL BERTUCCI 2001 8/21/2007 PS-WSTOA SWAT CONF. - BE 150.00 150.00 Voucher: 200230 200231 8/31/2007 002569 BIG 5 SPORTING GOODS 99922813 8/6/2007 PS-NIKE SHOES - PURCELLA 40.28 Voucher: 200231 99922807 8/6/2007 PS-NIKE SHOES - GARRISON 40.28 99922808 8/6/2007 PS-NIKE SHOES - TILLFORD 40.28 120.84 200232 8/31/2007 008385 BIG BROTHERS BIG SISTERS 1 ST QTR 2007 7/19/2007 CDHS-AG07-143 BIG BROTHE 3,662.00 Voucher: 200232 2ND QTR 2007 7/19/2007 CDHS-AG07-143 BIG BROTHE 3,662.00 7,324.00 200233 8/31/2007 010185 BIRD, FERESIKA S 08/14/07 8/14/2007 MC-INTERPRETER SVCS 80.00 Voucher: 200233 08/16/07 8/16/2007 MC-INTERPRETER SVCS 80.00 160.00 Page: 2 apChkLst Final Check List Page: 3 08/31/2007 7:46:45AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 200234 8/31/2007 001630 BLUMENTHAL UNIFORM CO 11604153-01 8/16/2007 PS-UNIFORMS & ACCESSOR 1,585.48 Voucher: 200234 605573-01 8/10/2007 PS-UNIFORMS & ACCESSOR 702.13 608322 8/9/2007 PS-UNIFORMS & ACCESSOR 356.15 608899 8/8/2007 PS-UNIFORMS & ACCESSOR 342.15 611095 8/10/2007 PS-UNIFORMS & ACCESSOR 298.44 601722 8/6/2007 PS-UNIFORMS & ACCESSOR 298.39 604065 8/16/2007 PS-UNIFORMS & ACCESSOR 235.17 604066 8/16/2007 PS-UNIFORMS & ACCESSOR 235.17 605612 8/16/2007 PS-UNIFORMS & ACCESSOR 235.17 607259 8/16/2007 PS-UNIFORMS & ACCESSOR 235.17 609864 8/8/2007 PS-UNIFORMS & ACCESSOR 152.41 604153 8/8/2007 PS-UNIFORMS & ACCESSOR 151.37 608462 8/9/2007 PS-UNIFORMS & ACCESSOR 100.00 609874 8/6/2007 PS-UNIFORMS & ACCESSOR 99.92 612272 8/17/2007 PS-UNIFORMS & ACCESSOR 99.43 612018 8/15/2007 PS-UNIFORMS & ACCESSOR 87.11 606562-01 8/8/2007 PS-UNIFORMS & ACCESSOR 68.44 609841 8/16/2007 PS-UNIFORMS & ACCESSOR 43.55 609410-81 8/16/2007 PS-UNIFORMS & ACCESSOR 40.24 609410 8/8/2007 PS-UNIFORMS & ACCESSOR 40.24 609411 8/8/2007 PS-UNIFORMS & ACCESSOR 40.24 611095-01 8/15/2007 PS-UNIFORMS & ACCESSOR 36.97 592665-01 8/8/2007 PS-UNIFORMS & ACCESSOR 35.88 608899-01 8/15/2007 PS-UNIFORMS & ACCESSOR 20.69 609651 8/13/2007 PS-UNIFORMS & ACCESSOR 8.71 5,548.62 200235 8/31/2007 004919 BRATWEAR 310011 7/31/2007 PS-WINTER JUMPSUIT 467.84 467.84 Voucher: 200235 200236 8/31/2007 007375 BROWN AND CALDWELL 1460390 7/30/2007 SWM-AG06-031 LAKES OUTL 973.09 973.09 Voucher: 200236 200237 8/31/2007 002846 BRUCE DEES & ASSOCIATES 4291 8/1/2007 PRCS-SAGHALlE SOCCER FI 1,064.00 1,064.00 Voucher: 200237 200238 8/31/2007 008292 BUNK III. RAYMOND BUNK 2007 8/13/2007 PS-OS ETHICAL ISSUES TRN 140.00 140.00 Voucher: 200238 200239 8/31/2007 000991 CASCADE COFFEE INC 20511389 8/6/2007 MSHR-MTG COFFEE SUPPLlI 137.29 Voucher: 200239 30507448 7/17/2007 PKRCS-MTG COFFEE SUPPL 82.00 219.29 Page: 3 apChkLst Final Check List Page: 4 08/31/2007 7:46:45AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date DescriDtion Amount Paid Check Total 200240 8/31/2007 003093 CASCADE COMPUTER MAINT9127880 8/9/2007 MSDP-(9/07) PRINTER MAl NT 892.98 Voucher: 200240 9128174 8/15/2007 MSDP-(8/07) ADJ. PRINTER M -52.27 840.71 200241 8/31/2007 004359 CENTURY SQUARE SELF-STCE008 8/8/2007 SWR-STORAGE UNIT RENT 1 720.00 720.00 Voucher: 200241 200242 8/31/2007 005712 CHANG, JENNY 08/09/07 8/9/2007 MC-INTERPRETER SVCS 70.00 70.00 Voucher: 200242 200243 8/31/2007 005657 CHOICEPOINT BUSINESS AN[AB0001673363 7/31/2007 PS-(7/07) AUTO TRACKXP SV 50.00 50.00 Voucher: 200243 200244 8/31/2007 005666 CHOUGH, KWANG S 08/21/07 8/21/2007 MC-INTERPRETER SVCS 128.47 128.47 Voucher: 200244 200245 8/31/2007 008799 CHRISTIE LAW GROUP, LLC 1489 8/6/2007 LAW-AG04-05A-PSA LEGAL S 2,358.92 Voucher: 200245 1510 8/6/2007 LAW-AG04-05A-PSA LEGAL S 1,344.70 1512 8/6/2007 LAW-AG04-05A-PSA LEGAL S 204.60 1511 8/6/2007 LAW-AG04-05A-PSA LEGAL S 52.05 3,960.27 200246 8/31/2007 007443 CITIES INSURANCE ASSO OF 5136 8/14/2007 RM:05-02-052-455 CORRIGAN 5,000.00 5,000.00 Voucher: 200246 200247 8/31/2007 000142 CITY OF FED WAY-ADVANCE CK #2310 8/23/2007 PS-WSSO SAFETY TRNG SUI 456.92 Voucher: 200247 CK #2311 8/27/2007 PS-WSSO SAFETY TRNG ECI 412.80 CK #2315 8/29/2007 PS-OS MEDIA RELATIONS C. 220.04 CK #2312 8/27/2007 PS-WSSO TRNG CONF. E FAI 191.40 1,281 .16 200248 8/31/2007 000951 CITY OF FEDERAL WAY AG07-122 #1 8/23/2007 PARKS-AG07-122 HVAC IMPF< 2,910.84 2,910.84 Voucher: 200248 200249 8/31/2007 005817 CITY OF FIFE 0003336 7/24/2007 PS-(6/07)) PRISONER LODGI~ 33,389.59 Voucher: 200249 0003388 8/9/2007 PS-(7/07)) PRISONER LODGI~ 29,168.00 62,557.59 200250 8/31/2007 004783 CITY OF RENTON 13025 8/10/2007 CDHS-2007 RENTON MOU P'r 5,000.00 5,000.00 Voucher: 200250 200251 8/31/2007 010323 CITY OF SEATTLE 177624 8/7/2007 FWCC-STEAM ENG. LICENSE 74.00 74.00 Voucher: 200251 200252 8/31/2007 003564 CLARY, JOHN CLARY 2007 8/10/2007 PS-SRT BLDG MATERIALS 123.96 123.96 Voucher: 200252 200253 8/31/2007 003752 COASTWIDE SUPPL Y DBA T1825015 8/16/2007 PKDBC-HOUSEHOLD SUPPLI 397.16 397.16 Voucher: 200253 200254 8/31/2007 002863 COMPLETE COLLISION CENT7026 8/20/2007 PS-BUMPER DAMAGE REPAII 926.94 926.94 Voucher: 200254 Page: 4 apChkLst Final Check List Page: 5 08/31/2007 7:46:45AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 200255 8/31/2007 010321 CONTEMPORARY EN DODON-1363 8/7/2007 PS-(8/07) PRISONER MED TR 1,140.00 1,140.00 Voucher: 200255 200256 8/31/2007 010324 COOK, MONICA RISK 07-01-091- 8/21/2007 RISK-07-01-091-510/511 M. CC 1,981.88 1,981.88 Voucher: 200256 200257 8/31/2007 010325 COOPER, LORA COOPER 2007 8/20/2007 MC-JIS TRNG - COOPER 107.60 107.60 Voucher: 200257 200258 8/31/2007 008445 COPIERS NORTHWEST INC 38401 8/13/2007 MIS-COPIER/TONER SUPPLlE 204.73 204.73 Voucher: 200258 200259 8/31/2007 000721 CORLISS RESOURCES INC 148643 8/2/2007 PWST-READYMIX CONCRETI 854.87 Voucher: 200259 148385 8/1/2007 PWST-READYMIX CONCRETI 816.75 147644 7/26/2007 SWM-PEA GRAVEL 512.04 2,183.66 200260 8/31/2007 000771 COSTCO/HSBC BUSINESS SCAUGUST 2007 8/26/2007 AUG 2007 COSTCO PURCHA: 2,463.41 2,463.41 Voucher: 200260 200261 8/31/2007 005633 COSTUME GALLERY 1024299 5/24/2007 KLCC-FALL DANCE RECITAL 827.59 Voucher: 200261 1022279 5/9/2007 PRCS-DANCE RECITAL COSl 379.16 1025118 6/4/2007 KLCC-FALL DANCE RECITAL 311.90 1021087 5/2/2007 PRCS-DANCE RECITAL COSl 133.46 1,652.11 200262 8/31/2007 003258 COUNTER ASSAUL T 20007472 8/2/2007 PS-20/FOGGERS 259.15 259.15 Voucher: 200262 200263 8/31/2007 010334 COURMIER, ELIZABETH 346399 8/15/2007 PRCS-REFUND CLASS/PROG 45.00 45.00 Voucher: 200263 200264 8/31/2007 009696 CRESTWOOD ANIMAL HOSpr12351 8/16/2007 PS-K9 (CALEB) MEDICAL CAF 121.35 121 .35 Voucher: 200264 200265 8/31/2007 010335 CRITERION PICTURES USA, 11352970 7/18/2007 PRCS-"NIGHT ~ THE MUSEU 250.00 250.00 Voucher: 200265 200266 8/31/2007 005782 CSDC SYSTEMS INC 7480 1/31/2007 M&O - AMANDA ANNUAL SUF 1,232.73 1,232.73 Voucher: 200266 200267 8/31/2007 010015 CUTHBERT, GAIL JUL Y 2007 8/17/2007 FWCC-AG07-085 FITNESS TF< 371.00 371.00 Voucher: 200267 200268 8/31/2007 007552 D J IMPRINTS 00221993 8/8/2007 DBC-ADUL T T-SHIRTS 217 .26 217 .26 Voucher: 200268 200269 8/31/2007 000854 D J TROPHY 00221923 7/26/2007 MSC-NAME PLATES 28.10 28.10 Voucher: 200269 200270 8/31/2007 000438 DELI SMITH & CHOCOLATE JC622828 8/17/2007 CM-INTERVIEW PANEL LUNC 22.84 22.84 Voucher: 200270 Page: 5 apChkLst Final Check List Page: 6 08/31/2007 7:46:45AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date DescriDtion Amount Paid Check Total 200271 8/31/2007 005922 DEX MEDIA WEST 311165936 8/9/2007 PKDBC-(8/07) DIRECTORY A[ 507.15 507.15 Voucher: 200271 200272 8/31/2007 010336 DIAZ. ERICA 02-73013 REFUI 8/8/2007 CD-HILLSIDE PLAZA PERMIT 56.50 56.50 Voucher: 200272 200273 8/31/2007 003793 DICKS TOWING & ROAD SVC~121526 8/2/2007 PS-TOWING SVC CASE 07-11 188.94 Voucher: 200273 121527 8/2/2007 PS-TOWING SVC CASE 07-11 187.31 376.25 200274 8/31/2007 005341 DODD, ESCOLASTICA ROSA 08/14/07 8/14/2007 MC-INTERPRETER SVCS 190.00 Voucher: 200274 08/17/07 8/17/2007 MC-INTERPRETER SVCS 160.00 08/21/07 8/21/2007 MC-INTERPRETER SVCS 160.00 08/09/07 8/9/2007 MC-INTERPRETER SVCS 100.00 08/13/07 8/13/2007 MC-INTERPRETER SVCS 100.00 08/08/07 8/8/2007 MC-INTERPRETER SVCS 80.00 08/10/07 8/10/2007 MC-INTERPRETER SVCS 80.00 08/23/07 8/23/2007 MC-INTERPRETER SVCS 80.00 08/16/07 8/16/2007 MC-INTERPRETER SVCS 80.00 08/15/07 8/15/2007 MC-INTERPRETER SVCS 80.00 08/20/07 8/20/2007 MC-INTERPRETER SVCS 80.00 1,190.00 200275 8/31/2007 007277 DOOLEY ENTERPRISES INC 41155 8/6/2007 PS-AMMO 2,985.00 2,985.00 Voucher: 200275 200276 8/31/2007 009685 DOWNTOWN HARLEY DAVID~622786 4/27/2007 PS-INSTALL T/PAK 1,439.31 Voucher: 200276 406010 8/15/2007 PS-REPLACE REAR BRAKE P 151.99 402127 3/23/2007 PS-REPLC DAMAGED FENDE 136.21 405946 8/13/2007 PS-REPLACE REAR BRAKE P 99.07 402351 3/23/2007 PS-REPAIR CLUTCH 70.02 404348 6/12/2007 PS-REPLACE PURSUIT SWIT' 52.93 405931 8/13/2007 PS-OIL, LUBE, FIL TER SVC 21.68 405932 8/13/2007 PS-OIL, LUBE, FILTER SVC 21.68 402575 4/3/2007 PS-RT FLOORBOARD BOL T F 5.72 1,998.61 200277 8/31/2007 000939 DS WATERS OF AMERICA, LP0807292413452: 8/1/2007 FWCC-BOTTLE WATER SVC 145.55 Voucher: 200277 0807292412452: 8/1/2007 PKDBC W A TER/RNT #292412 99.83 0807292411852: 8/1/2007 PKCP-WTR/CLR RNTL ACCT~ 32.26 0807292413052: 8/1/2007 CC - WATER FOR CITY COUr- 23.97 0807292411252: 8/1/2007 PKKFT-WTR/CL RNTL 292411 16.27 317.88 Page: 6 apChkLst Final Check List Page: 7 08/31/2007 7:46:45AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 200278 8/31/2007 000570 EAGLE TIRE & AUTOMOTIVE 11056576 8/8/2007 PS-REPAIRS/SVC 811 .48 Voucher: 200278 1056792 8/18/2007 MSFL T-REPAIRS/SVC 540.87 1056749 8/17/2007 PS-REP AI RS/SVC 526.37 1056712 8/15/2007 PS-REPAIRS/SVC 456.06 1056807 8/20/2007 PS-REPAIRS/SVC 383.08 1056737 8/16/2007 PS-REPAIRS/SVC 264.51 1056787 8/18/2007 MSFL T-REPAIRS/SVC 215.66 1056776 8/18/2007 MSFL T-REPAIRS/SVC 205.12 1056589 8/9/2007 PS-REPAIRS/SVC 164.26 1056782 8/18/2007 MSFL T-REPAIRS/SVC 128.58 1056588 8/9/2007 PS-REPAIRS/SVC 57.12 1056574 8/8/2007 PS-REPAIRS/SVC 53.31 1056344 7/28/2007 MSFL T-REPAIRS/SVC 49.53 1056773 8/18/2007 MSFL T-REPAIRS/SVC 40.27 1056709 8/15/2007 PS-REPAIRS/SVC 33.32 1056655 8/13/2007 PS-REPAIRS/SVC 25.58 1056657 8/13/2007 PS-REPAIRS/SVC 25.58 1056658 8/13/2007 PS-REPAIRS/SVC 25.58 1056685 8/14/2007 PS-REPAIRS/SVC 25.58 1056687 8/14/2007 PS-REPAIRS/SVC 25.58 1056804 8/20/2007 PS-REPAIRS/SVC 25.58 1056805 8/20/2007 PS-REPAIRS/SVC 25.58 1056830 8/21/2007 MSFL T-REPAIRS/SVC 9.99 4,118.59 200279 8/31/2007 006177 EARL, SHARYN LYNN 07035 8/16/2007 CD-FALL CALENDAR INSIDE: 210.00 Voucher: 200279 07032 8/8/2007 PRCS-K9 KARNIVAL FLYER 60.00 270.00 200280 8/31/2007 007133 ECO-PAN LLC 2007 -8796 7/31/2007 SWM-MONTHL Y RENTAL PL.tl 272.25 272.25 Voucher: 200280 200281 8/31/2007 007283 EMERALD AIRE INC AG07-122 #1 8/13/2007 CHB-AG07-122 HVAC IMPRO\ 60,487.26 Voucher: 200281 6663 8/21/2007 CHB-FIL TER CHANGE IN COtl 759.59 6529 8/8/2007 CHB-2ND QTR 2007 MAINT. 109.99 61,356.84 200282 8/31/2007 007919 EMPIRE FACILITY SERVICES 113490 8/16/2007 CH-WORK STATION PANELS 197.46 197.46 Voucher: 200282 200283 8/31/2007 006514 ENGINEERING BUSINESS SY~29722 8/6/2007 SERVICE & MAINTENANCE C 233.93 233.93 Voucher: 200283 Page: 7 apChkLst Final Check List Page: 8 08/31/2007 7:46:45AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date DescriDtion Amount Paid Check Total 200284 8/31/2007 005900 ENR-ENGINEERING NEWS-REOOOO02001006 8/8/2007 PWAD-08 SUB RENEW ENR ~ 49.00 49.00 Voucher: 200284 200285 8/31/2007 010229 EPIC CONSTRUCTION, LLC AG07-113 #2 8/22/2007 PARKS-AG07-113 W HYLEBO 125,725.05 125,725.05 Voucher: 200285 200286 8/31/2007 009628 EPIC EVENTS & PROMOTION 390 6/5/2007 PRCS-2007 OUTDOOR CINE!\. 4,600.00 4,600.00 Voucher: 200286 200287 8/31/2007 000328 ERNIE'S FUEL STOPS (DBA) 0260560 8/15/2007 PS-8/1-8/15/07 FUEL FOR POl 10,409.68 Voucher: 200287 0259263 7/31/2007 MSFL T-7/16-7/31/07 FUEL FOI 6,293.11 0260559 8/15/2007 MSFLT-8/1-8/15/07 FUEL FOR 5,469.51 22,172.30 200288 8/31/2007 001131 EVERGREEN AUTO ELECTRIC13256 8/20/2007 MSFL T-BATTERY 176.15 Voucher: 200288 7649 8/8/2007 MSFL T-HALOGEN REPLACEI\ 141 .44 317.59 200289 8/31/2007 001748 EVERSON'S ECONO-VAC INC 054351 8/23/2007 PKMT-CLEAN STORM & DISP 754.52 Voucher: 200289 054348 8/23/2007 PKCP-PUSHCAM & LOCA TE ~ 222.75 054095 8/14/2007 PKM-A TTEMPT TO CLEAR Lit 123.75 1,101.02 200290 8/31/2007 009797 EXERCISE SPECIALTIES INC 26628 7/17/2007 FWCC-DUMBELLS 252.60 252.60 Voucher: 200290 200291 8/31/2007 010337 FARMER, LINDA EMPLOYEE REI 8/20/2007 CM - KEYBOARD & MOUSE Fl 87.02 87.02 Voucher: 200291 200292 8/31/2007 008647 FASTENAL WAFED103619 7/30/2007 PKM-NUTS AND BOL TS/INV#\ 52.94 52.94 Voucher: 200292 200293 8/31/2007 005820 FASTSIGNS 370-11092 7/24/2007 PRCS-K9 KARNIVAL BANNER 78.41 Voucher: 200293 370-10699 8/7/2007 PRCS-K9 KARNIVAL BANNER 14.45 92.86 200294 8/31/2007 000217 FEDERAL EXPRESS CORPOR2-184-78959 8/3/2007 FEDEX DELIVERY SERVICE 19.37 Voucher: 200294 2-197 -67382 8/10/2007 FEDEX OVERNIGHT DELlVEF 14.44 2-210-56994 8/17/2007 FEDEX OVERNIGHT DELlVEF 7.22 41.03 200295 8/31/2007 000229 FEDERAL WAY CHAMBER C08012 8/29/2007 CM/CC-2007 CHAMBER BIZ E 250.00 250.00 Voucher: 200295 200296 8/31/2007 001276 FEDERAL WAY COMMUNITY (AUGUST 25,2018/23/2007 PRCS-AG07-147 CULTURAL t 3,900.00 3,900.00 Voucher: 200296 Page: 8 apChkLst Final Check List Page: 9 08/31/2007 7:46:45AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date DescriDtion Amount Paid Check Total 200297 8/31/2007 004270 FEDERAL WAY MIRROR 008179 8/4/2007 CDPL-(8/04/07) LEGALS- 227.22 Voucher: 200297 008186 8/8/2007 CD-LEGAL NOTICES 154.75 008195 8/15/2007 CD-LEGAL NOTICES 154.75 008169 8/1/2007 CDPL-(8/01/07) LEGALS- 146.37 008201 8/11/2007 CDPL-(8/11/07) LEGALS- 132.43 008182 8/4/2007 CDPL-(8/04/07) LEGALS- 118.49 008202 8/11/2007 CD-LEGAL NOTICES 108.73 008181 8/4/2007 CDPL-(8/04/07) LEGALS- 104.55 008170 8/1/2007 CDPL-(8/01/07) LEGALS- 101.76 008171 8/1/2007 CD-LEGAL NOTICES 101.76 008180 8/4/2007 CD-LEGAL NOTICES 90.61 008178 8/4/2007 CD-LEGAL NOTICES 48.79 1,490.21 200298 8/31/2007 000876 FERGUSON ENTERPRISES, 1~0931588 8/7/2007 PKM-REPAIR PARTS FOR SA' 6.53 6.53 Voucher: 200298 200299 8/31/2007 010114 FICHTNER, THOMAS 4724774 8/27/2007 MIS-FLUKE BLADE/TOOL/SW 127.37 127.37 Voucher: 200299 200300 8/31/2007 001686 FIRST CHOICE BUSINESS MA07094164328 8/7/2007 MSMD-COPIER RPR,MNT,SUI 117.61 117.61 Voucher: 200300 200301 8/31/2007 001686 FIRST CHOICE BUSINESS MAOO080125 8/8/2007 MSMD-COPIER RPR,MNT,SUI 25.41 25.41 Voucher: 200301 200302 8/31/2007 010350 FLAG CONSTRUCTION CO., Ito702-1 8/15/2007 CHB-OFFICE REMODEL CON 1,050.87 1,050.87 Voucher: 200302 200303 8/31/2007 008860 FOOD SERVICES OF AMERIC,8501708 7/17/2007 FWCC-JANITORIAL SUPPLlE~ 1,839.89 Voucher: 200303 8595598 8/17/2007 FWCC-JANITORIAL SUPPLlE~ 1,531.39 8575732 8/10/2007 FWCC-JANITORIAL SUPPLlE~ 1,418.38 8611240 8/23/2007 PKDBC-CATERING SUPPLlEE 999.51 8575014 8/10/2007 PKDBC-CATERING SUPPLlEE 800.48 8492995 7/13/2007 FWCC-JANITORIAL SUPPLlE~ 794.17 8534533 7/27/2007 FWCC-JANITORIAL SUPPLlE~ 771.39 8575013 8/10/2007 PKKFT-COOKIE DOUGH 89.05 8,244.26 200304 8/31/2007 002870 FREEWAY TRAILER SALES IN063784 7/12/2007 MSFL T-VMS BOARD PARTS 78.28 78.28 Voucher: 200304 200305 8/31/2007 009242 FSH COMMUNICATIONS LLC 000140645 8/1/2007 MIS-(8/07) FSH PAYPHONE S' 25.81 25.81 Voucher: 200305 Page: 9 apChkLst Final Check List Page: 10 08/31/2007 7:46:45AM CITY OF FEDERAL WAY Bank: key us .bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 200306 8/31/2007 003118 GALLS INC 5899439701012 8/9/2007 PS-PILCHUCK PARKA 161.13 161.13 Voucher: 200306 200307 8/31/2007 004578 GENE'S TOWING INC 318558 7/22/2007 PS-TOWING SERVICES 167.71 167.71 Voucher: 200307 200308 8/31/2007 010338 GIBSON, CHARLES 02-72961 REFUI 8/21/2007 CD-02-72961 DEMO DEPOSIT 500.00 500.00 Voucher: 200308 200309 8/31/2007 010034 GPS JOHNSON REG 8/9/2007 PS-GPS GANG TRNG - D. Jm 100.00 100.00 Voucher: 200309 200310 8/31/2007 010329 GRAHAM,RUTH 346400 8/15/2007 PRCS-CLASS/PROGRAM FEE 82.00 82.00 Voucher: 200310 200311 8/31/2007 002547 GRAINGER INC 9434499894 8/16/2007 PRCS/FWCC/POOL - TRUCK, 416.07 Voucher: 200311 9428336011 8/9/2007 PKM-COMBO WRENCH/lNV#~ 195.76 9424605146 8/3/2007 FWCC-DOOR ALARM, SOCKE 174.18 9421547549 7/31/2007 FWCC-THERMOMETER, WIRI 111.44 9408157189 7/13/2007 FWCC-CONDUIT & BIN BOX 49.50 9383487783 6/8/2007 FWCC-CLOSET AUGER & PIF 37.82 9428336003 8/9/2007 PKM-COMBO WRENCH/INV#~ 37.00 9428336029 8/9/2007 PKM-COMBO WRENCH/INV#~ 18.50 1,040.27 200312 8/31/2007 010087 GREEN, SARAH GREEN 2007 8/21/2007 MC-AOC TRNING S. GREEN 262.10 262.10 Voucher: 200312 200313 8/31/2007 009381 GREGORY, WILLIE 08/10/07 PRO TI 8/10/2007 MC-8/10/07 PRO TEM SVC 150.00 150.00 Voucher: 200313 200314 8/31/2007 007942 GROUP MOBILE LLC 6317 8/16/2007 PS - RR - ITRONIX LAPTOP- 4,560.00 4,560.00 Voucher: 200314 200315 8/31/2007 000671 H 0 FOWLER COMPANY 12166505 8/9/2007 PKCP-REPAIR/MAINT SUPPLI 520.98 520.98 Voucher: 200315 200316 8/31/2007 010331 HERNANDEZ,CK 346395 8/15/2007 PRCS-CLASS FEE REFUND 104.00 104.00 Voucher: 200316 200317 8/31/2007 001487 HEWLETT-PACKARD COMPAr42737123 8/8/2007 PH IV RR - PCS AND MONITO 15,367.97 Voucher: 200317 42744816 8/9/2007 PHASE IV - PW NEW EMPLm 1,097.71 42771169 8/14/2007 PHASE IV RR - HP LCD MONr 408.38 42737753 8/8/2007 WIFI- 2005 JAG - HP PROCUI 291.85 17,165.91 200318 8/31/2007 000748 HIGHLlNE COMMUNITY COLLl191 8/8/2007 FWCC-HIGHLlNE CC JOB FAI 85.00 85.00 Voucher: 200318 Page: 10 apChkLst 08/31/2007 7:46:45AM Final Check List CITY OF FEDERAL WAY Page: 11 Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid 200319 8/31/2007 000016 IKON OFFICE SOLUTIONS 16545564 8/5/2007 MSMD-(8/07)COPIES MAl NT 149.96 Voucher: 200319 200320 8/31/2007 007109 INTERCOM LANGUAGE SVCS07-255 8/20/2007 MC-INTERPRETER SVCS 1,203.75 Voucher: 200320 200321 8/31/2007 001133 IPMA-HR INT'L PUBLIC MGMT 24130849 6/15/2007 MSHR-TESTING SUPPLIES 156.75 Voucher: 200321 200322 8/31/2007 008509 JENSEN,BRYCE EMPLOYEE REI 7/7/2007 PRCS-RW&B - SUNBLOCK, BI 148.74 Voucher: 200322 200323 8/31/2007 005656 JIM'S DETAIL SHOP 13013F 8/13/2007 MSFL T-INTERIOR/EXTERIOR 217.79 Voucher: 200323 13009F 8/8/2007 PS-COMPLETE DETAIL 136.13 13005F 7/31/2007 MSLFT-INTERIOR DETAIL 81.68 200324 8/31/2007 010332 JO, KYONG 346396 8/15/2007 PRCS-CLASS FEE REFUND 33.00 Voucher: 200324 200325 8/31/2007 009779 KAIROS PRISON MINISTRY 22462 10/17/2006 DBC-DAMAGE DEPOSIT REFI 99.30 Voucher: 200325 200326 8/31/2007 010348 KEJU, DIAL J 101407 8/14/2007 MC-INTERPRETER SVCS 90.00 Voucher: 200326 200327 8/31/2007 010341 KENT SCHOOL DISTRICT #41 ~29009 7/24/2007 PS-SWAT PRACTICE TRANSF 175.62 Voucher: 200327 200328 8/31/2007 003254 KESSELRING GUN SHOP INC 12604 8/14/2007 PS-URBAN PRECISION RIFLE 1,025.73 Voucher: 200328 200329 8/31/2007 001259 KING COUNTY CRIME VICTIM6/07-7/07 8/10/2007 MSF-6/07-7/07 REMIT CRIME' 2,700.97 Voucher: 200329 Check Total 149.96 1,203.75 156.75 148.74 435.60 33.00 99.30 90.00 175.62 1,025.73 2,700.97 Page: 11 apChkLst Final Check List Page: 12 08/31/2007 7:46:45AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date DescriDtion Amount Paid Check Total 200330 8/31/2007 000125 KING COUNTY FINANCE DIVI~1449095 5/16/2007 PWTR-(5/07)BSC SIGN/MRKN 41,160.00 Voucher: 200330 1443308 3/16/2007 PWT-(2/07)DISC INVSTGTN T 33,941.53 1456075 7/23/2007 PS-{6/07} KING CO JAIL 33,475.36 1455348 7/18/2007 PWTR-(6/07)BSC SIGN/MRKN 31,004.59 1443305 3/16/2007 PWTR-(2/07)BSC SIGN/MRKN 30,762.53 1446320 4/17/2007 PWTR-(3/07)BSC SIGN/MRKN 24,866.65 1451837 6/18/2007 PWTR-(5/07)BSC SIGN/MRKN 22,392.81 1443306 3/16/2007 PWT-(2/07)DISC INVSTGTN T 5,176.81 1451839 6/18/2007 PWTR-(5/07)BSC SIGN/MRKN 4,550.70 1446322 4/17/2007 PWTR-(3/07)BSC SIGN/MRKN 851.61 1449097 5/16/2007 PWTR-(4/07)BSC SIGN/MRKN 835.99 1443307 3/16/2007 PWTR-(2/07)BSC SIGN/MRKN 404.32 1455350 7/18/2007 PWTR-6/07 16TH AVE S SIGN 343.67 1458158 8/16/2007 PWST-DE-ICER APPLlCATlm 9.68 229,776.25 200331 8/31/2007 005568 KING COUNTY FLEET ADM D1'203777 7/30/2007 MSFL T-CRANKING SYSTEM F 156.00 156.00 Voucher: 200331 200332 8/31/2007 000564 KING COUNTY PET LICENSE JULY 2007 8/13/2007 MSF-7/07 KC PET FEES REMI 660.00 Voucher: 200332 JUNE 2007 8/13/2007 MSF-6/07 KC PET FEES REMI 585.00 1,245.00 200333 8/31/2007 003898 KING COUNTY RADIO 00412790 8/10/2007 PS PROP 1 PORTABLE RADIC 49,423.48 Voucher: 200333 669 8/21/2007 MSTEL-RADIO SERVICES- 7,376.33 00412505 8/10/2007 MSTEL-RADIO SERVICES - 136.64 56,936.45 200334 8/31/2007 000267 KING COUNTY SHERIFF'S OF107-167 7/19/2007 PS-W.I.R.E WEB SITE FEE 375.00 375.00 Voucher: 200334 200335 8/31/2007 003399 KVASNYUK, NIKOLAY 07/13/07 7/13/2007 MC-INTERPRETER SVCS 175.00 175.00 Voucher: 200335 200336 8/31/2007 005536 LAB SAFETY SUPPLY INC 1010028344 8/8/2007 PKM-SAFETY GAS CANS/INVl 193.30 193.30 Voucher: 200336 Page: 12 apChkLst Final Check List Page: 13 08/31/2007 7:46:45AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date DescriDtion Amount Paid Check Total 200337 8/31/2007 000096 LAKEHAVEN UTILITY DISTRIC3336101 8/10/2007 PWST -UTILITIES 939.42 Voucher: 200337 460602 8/10/2007 PKM-UTILlTIES 778.70 3364101 8/10/2007 PWST-UTILlTIES 650.97 3278301 8/10/2007 PWST-UTILlTIES 94.30 3088801 8/17/2007 PWST-UTILlTIES 40.82 2984001 8/10/2007 PKM-UTILlTIES 35.78 482303 8/10/2007 PWST-UTILlTIES 29.31 2049903 8/10/2007 PKM-UTILlTIES 14.92 2832301 8/10/2007 PKM-UTILlTIES 14.92 3488801 8/10/2007 PWST-UTILlTIES 14.92 3200201 8/17/2007 PWST-UTILlTIES 14.92 2,628.98 200338 8/31/2007 005248 LANDON, MICHELLE LANDON 2007 8/23/2007 PS-OS SPILLMAN USER CON 100.00 100.00 Voucher: 200338 200339 8/31/2007 010327 LEE, LOREEN 347441 8/17/2007 PRCS-CLASS FEE REFUND 2.00 2.00 Voucher: 200339 200340 8/31/2007 003157 LES SCHWAS TIRE CTRS OF '353577 7/11/2007 MSFL T-TIRE REPAIR 92.57 Voucher: 200340 354300 7/18/2007 MSFL T-TIRE REPAIR 23.26 115.83 200341 8/31/2007 007985 LINCOLN EQUIPMENT INC S174106 7/25/2007 FWCC-RAIL CLAMPS 57.54 57.54 Voucher: 200341 200342 8/31/2007 009094 LLAZO/GET HARD CONCRETEJUNE 2007 8/16/2007 PS-K9 KENNEL CONCRETE S 2,025.00 2,025.00 Voucher: 200342 200343 8/31/2007 000630 LLOYD ENTERPRISES INC 111794 7/24/2007 PKCP-TOPSOIL & SOD 386.87 Voucher: 200343 112229 8/2/2007 SWM-CONCRETE & DUMP FE 178.10 112007 7/27/2007 PKCP-FINE BARK 111 .49 112228 8/1/2007 PWS~CONCRETE&DUMPF 73.64 111926 7/25/2007 PKCP-TOPSOIL 61.47 112147 7/31/2007 PWST-CONCRETE & DUMP F 46.72 858.29 200344 8/31/2007 001546 LOCATING INC 5890 8/3/2007 PKM-LOCATING POWER SER 195.00 195.00 Voucher: 200344 Page: 13 apChkLst Final Check List Page: 14 08/31/2007 7:46:45AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 200345 8/31/2007 005339 LOWE'S HIW INC 82395 8/7/2007 PKM-STRUCT TMBR 456.99 Voucher: 200345 14910 8/15/2007 PKM-PAINT FOR SAGHALlE 243.94 02183 8/8/2007 PKM-BATTERIES & PAINT SU 139.76 02433 8/9/2007 FWCC-PADLOCK,BA TTERIES 128.24 01273 8/9/2007 PKM-STRUCT. TMBR 114.25 11883 8/14/2007 FWCC-MAINT SUPPLIES - LO 101.14 02977 8/2/2007 MIS-WIFI EQUIPMENT 83.55 02812 8/1/2007 PKDBC/KFT-SUBMERSIBLE P 69.70 01274 8/9/2007 PKM-FOLDING TABLE, LEVEL 55.69 02752 8/6/2007 PWST-GREASE GUN & WHIP 48.09 02612 7/26/2007 PKM-UPPERHAND STL FSHT, 43.53 14777 8/1512007 PKM-PAINT & PAINT THINNEF 33.12 23123 8/7/2007 PKM-TEFLON PAINT ROLLER 30.52 23311 8/10/2007 PKM-GALVANIZED SPIKES 30.12 01182 8/7/2007 PKM-POST HOLE DIGGING B, 27.19 14470 8/14/2007 PKM-PISTOL NOZZLE, ROLLE 23.48 09230 8/7/2007 PKM-PIECE ACCESSORY KIT 16.27 02612 7/31/2007 MIS-WIFI EQUIPMENT 15.21 1,660.79 200346 8/31/2007 007331 MAIL ADVERTISING BUREAU 72312 8/10/2007 CD-NEWSLETTER MAILING 1,603.24 1,603.24 Voucher: 200346 200347 8/31/2007 001004 MAILMEDIA DBA IMMEDIA 55141 8/10/2007 PRCS-ARTS COMM. NEWSLE 902.96 902.96 Voucher: 200347 200348 8/31/2007 010330 MANCMIK, VIKTOR 346394 8/15/2007 FWCC-RENTAL DEPOSIT REI 100.00 100.00 Voucher: 200348 200349 8/31/2007 008670 MASUNE CO 40626838 7/17/2007 PRCS/FWCC/POOL - FIRST A 275.48 275.48 Voucher: 200349 200350 8/31/2007 008670 MASUNE CO 40631550 7/23/2007 FWCC-FIRST AID SUPPLIES 30.38 30.38 Voucher: 200350 200351 8/31/2007 007439 MATTHEWS, ALFRED W JUL Y 30, 2007 7/30/2007 LAW-7/30/07 HEX WINDHAM ( 150.00 150.00 Voucher: 200351 200352 8/31/2007 005406 MAYBERRY, MITCHEL JUNE - AUGUSl 8/13/2007 PRCS-SMNR 2007 MARTIAL /J 1,196.00 1,196.00 Voucher: 200352 200353 8/31/2007 010349 MC CLlNCY, KATHLEEN MCCLlNCY 200j 8/13/2007 PS-SRT TRAINING MEAL 55.75 Voucher: 200353 MCCLlNCY 200j 8/13/2007 PS-SRT OIL PAN & ABSORBA 10.22 65.97 Page: 14 apChkLst Final Check List Page: 15 08/31/2007 7:46:45AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 200354 8/31/2007 004182 MCDONOUGH & SONS INC 152966 8/10/2007 PARKSAG06-027-8/07 PARKIf\ 105.78 105.78 Voucher: 200354 200355 8/31/2007 010353 MCLEAN, RICHARD 03-57987 8/13/2007 PS-REFUND TRAFFIC SCHOC 115.00 115.00 Voucher: 200355 200356 8/31/2007 010256 MCMASTER-CARR 70765888 8/17/2007 FWCC-SHOWER CURTAIN Rl 115.18 Voucher: 200356 69432277 7/27/2007 FWCC-TIME-DELAY FUSES 115.05 70082590 8/7/2007 FWCC-SNAP-GRIP HOSE NU' 46.18 70156746 8/8/2007 FWCC-SNAP-GRIP HOSE 9.25 285.66 200357 8/31/2007 005176 MERINO STRAWE, BETTY 08/14/07 8/14/2007 MC-INTERPRETER SVCS 157.50 Voucher: 200357 08/21/07 8/21/2007 MC-INTERPRETER SVCS 135.00 292.50 200358 8/31/2007 010333 MILLER, CAROLINE 346397 8/15/2007 PRCS-CLASS FEE REFUND 11.00 11.00 Voucher: 200358 200359 8/31/2007 009453 MINUTEMAN PRESS 12273 8/7/2007 PKDBC/KFT -NOTEP ADS 554.23 554.23 Voucher: 200359 200360 8/31/2007 009848 MONTGOMERY, SARA MARCH REIMB 8/15/2007 PRCS-3/07 CRAFTS FOR CUL 105.87 Voucher: 200360 JAN REIMB 8/15/2007 PRCS-JAN 07 REIMB FOR CR 96.32 FEB REIMB 4/11/2007 PRCS-2/07 CRAFTS PURCHA 43.16 245.35 200361 8/31/2007 010318 MURPHY, PETER E AUGUST 8, 200' 8/10/2007 PRCS-GALLERY ART SHOW 200.00 200.00 Voucher: 200361 200362 8/31/2007 005532 NACM-NA TIONAL ASSOCIA TI(41122 8/13/2007 MC-NACM DUES - G. PALERI'v 100.00 100.00 Voucher: 200362 200363 8/31/2007 001052 NAPA AUTO PARTS 942266 8/6/2007 MSFL T-REPAIR SUPPLIES 9.01 9.01 Voucher: 200363 200364 8/31/2007 003868 NATIONAL BARRICADE COMF208888 7/23/2007 MSFL T-L1GHT BAR CONTROL 163.70 163.70 Voucher: 200364 200365 8/31/2007 003566 NEAL, STEPHAN C NEAL 2007 8/22/2007 MSHR-TUITION REIMB. S NEJ 710.00 710.00 Voucher: 200365 Page: 15 apChkLst Final Check List Page: 16 08/31/2007 7:46:45AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date DescriDtion Amount Paid Check Total 200366 8/31/2007 000043 NEW LUMBER & HARDWARE 216445 8/15/2007 PKM-SUPPLlES 151.01 Voucher: 200366 215752 7/31/2007 MIS STEEL LK WIFI SUPPLlE~ 130.93 215941 8/3/2007 PKM-SUPPLlES 108.74 215554 7/25/2007 FWCC-PAINT SUPPLlES- 99.27 215642 7/27/2007 MIS STEEL lK WIFI SUPPLlE~ 79.74 216499 8/16/2007 PKM-SUPPLlES 75.24 216082 8/7/2007 FWCC-SS SCREWS/MISC HA 72.03 215454 7/23/2007 FWCC-PLASTIC PAil/FLOOR 58.66 216263 8/10/2007 PKM-SUPPLlES 45.68 215080 7/13/2007 PKM-SUPPLlES 41.11 215807 8/1/2007 MIS STEEL LK WIFI SUPPLlE~ 36.78 215790 7/31/2007 PKM-SUPPLlES 35.53 216070 8/7/2007 PKM-SUPPLlES 29.30 216184 8/9/2007 PKM-SUPPLlES 23.44 216008 8/6/2007 PKM-SUPPLlES 21.18 216503 8/16/2007 PKM-SUPPLlES 18.60 215924 8/2/2007 PKM-SUPPLlES 16.10 216113 8/8/2007 PWS-CRACK SEAL SUPPLlE~ 14.72 216233 8/10/2007 PKM-SUPPLlES 14.37 215813 8/1/2007 PKM-SUPPLlES 11.24 216229 8/10/2007 PWS-COUPLlNG- 2.16 216265 8/10/2007 PWS-SUPER GLUE- 1.36 216525 8/16/2007 PKM-SUPPLlES -12.73 1,074.46 200367 8/31/2007 000089 NEWS TRIBUNE S1317853900 7/8/2007 MSHR-7/08/07 EMPLOYMENT 1,493.64 Voucher: 200367 S1318779600 7/15/2007 MSHR-7/15/07 EMPLOYMENT 1,493.64 S1319599000 7/22/2007 MSHR-7/22/07 EMPLOYMENT 1,493.64 S1320563400 7/29/2007 MSHR-7/29/07 EMPLOYMENT 1,493.64 S1321503800 8/5/2007 MSHR-8/05/07 EMPLOYMENT 1,493.64 S1321411800 8/2/2007 CDP-NOTICE OF lAND USE P 452.41 7,920.61 200368 8/31/2007 000089 NEWS TRIBUNE 00420708 8/14/2007 PS-(9/07) NEWSPAPER SUBS 37.50 37.50 Voucher: 200368 200369 8/31/2007 001391 NORTH COAST ELECTRIC COS1671925.001 8/14/2007 FWCC-ELECTRICAL SUPPLlE 72.38 72.38 Voucher: 200369 200370 8/31/2007 001391 NORTH COAST ELECTRIC COS1590306.001 7/26/2007 PKM-ELECTICAL SUPPLIES/It 63.89 Voucher: 200370 S 1645365.001 8/1/2007 PKM-ELECTICAL SUPPLIES/It 32.13 96.02 Page: 16 apChkLst Final Check List Page: 17 08/31/2007 7:46:45AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 200371 8/31/2007 009354 NORTHUP GROUP 1501 8/22/2007 PS-EMPLOY. PSYCH EVALlCC 500.00 500.00 Voucher: 200371 200372 8/31/2007 005493 NORTHWEST EMBROIDERY 1147391 7/23/2007 PRCS/FWCC - STAFF SHIRTE 1,060.13 Voucher: 200372 47924 8/16/2007 PS-SAMPLE UNIFORM SHIRT 344.79 1,404.92 200373 8/31/2007 003736 NORTHWEST TOWING INC 401909 7/5/2007 MSFL T-TOWING SERVICE 119.11 Voucher: 200373 401910 7/6/2007 PKM-VEHICLE LOCKOUT FIXI 81.13 200.24 200374 8/31/2007 007818 O'DONNELL, KELLI O'DONNELL 20C 8/16/2007 CDHS-1/07-6/07 REIMB. O'DO 258.99 258.99 Voucher: 200374 200375 8/31/2007 003529 OCCUPATIONAL HEALTH SEF1844-111 8/13/2007 PS-PRE-EMPL PHYSICAL EXJ 140.00 140.00 Voucher: 200375 200376 8/31/2007 007444 ORCA PACIFIC INC 029801 7/26/2007 PRCS-AG07-023 POOL MAINl 721.61 Voucher: 200376 029926 8/2/2007 PRCS-AG07-023 POOL MAINl 630.14 030021 8/7/2007 PRCS-AG07-023 POOL MAINl 427.56 029661 7/19/2007 PRCS-AG07-023 POOL MAINl 419.81 030348 8/21/2007 PRCS-AG07-023 POOL MAINl 401.07 030202 8/14/2007 PRCS-AG07-023 POOL MAINl 349.34 029590 7/17/2007 PRCS-AG07-023 POOL MAINl 328.83 030121 8/9/2007 PRCS-AG07-023 POOL MAINl 316.63 3,594_99 200377 8/31/2007 000504 ORIENTAL GARDEN CENTER 342350 6/28/2007 PKCP-STIHL OIL 66.43 Voucher: 200377 343781 8/13/2007 PKM-STIHL BLADES 43.45 109.88 200378 8/31/2007 000112 PACIFIC COAST FORD INC FOCS144207 8/15/2007 MSFL T-RESET CHECK ENGII\ 158.34 158.34 Voucher: 200378 200379 8/31/2007 006440 PAPE MACINERY INC 2312733 7/31/2007 MSFL T-REPAIR TRANSFER P 625.35 Voucher: 200379 5852485 7/30/2007 MSFL T-SEAL KIT 471.69 1,097.04 200380 8/31/2007 001814 PARAMETRIX INC 1151467 8/15/2007 PWTR-AG06-081 ENGINEERIf 5,409.72 5,409.72 Voucher: 200380 200381 8/31/2007 000885 PARKER PAINT MANUFACTUF596739 8/2/2007 PKM-PAINT AND PAINT SUPP 29.31 29.31 Voucher: 200381 200382 8/31/2007 005479 PARTIES BY MEL JUL Y 4, 2007 7/4/2007 PRCS-RWBF BALLON ARCH 549.00 549.00 Voucher: 200382 200383 8/31/2007 001166 PETTY CASH - FWCC AUGUST 24, 201 8/24/2007 FWCC-REPLENISH PETTY CJ 76.27 76.27 Voucher: 200383 200384 8/31/2007 009681 PETTY CASH - WITNESS FEE:AUGUST 23, 201 8/23/2007 MC-REPLENISH JURY FUND 471.37 471.37 Voucher: 200384 Page: 17 apChkLst Final Check List Page: 18 08/31/2007 7:46:45AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 200385 8/31/2007 009792 PETTY CASH - WITNESS FEE:AUGUST 29, 201 8/30/2007 MC-REPLENISH JURY FUND 672.36 672.36 Voucher: 200385 200386 8/31/2007 006241 PETTY CASH-POLICE DEPT AUGUST 27, 20( 8/27/2007 PS-REPLENISH PETTY CASH 166.4 7 166.47 Voucher: 200386 200387 8/31/2007 007059 PHELPSTIRE CO 787746 8/7/2007 MSFL T-TIRE REPAIR SVC 127.84 127.84 Voucher: 200387 200388 8/31/2007 003520 PHUNG, NOVA C 08/17/07 8/17/2007 MC-INTERPRETER SVCS 100.00 Voucher: 200388 08/10/07 8/10/2007 MC-INTERPRETER SVCS 100.00 200.00 200389 8/31/2007 006161 PICKLEBALL STUFF 06572 8/14/2007 PRCS-BULLDOG POL YBALLS 185.13 185.13 Voucher: 200389 200390 8/31/2007 003537 PIERCE COUNTY SECURITY 11159030 8/10/2007 PARKS-AG06-056 PARK CLm 250.00 Voucher: 200390 159196 8/10/2007 PARKS-AG06-056 PARK CLm 250.00 159137 8/10/2007 PARKS-AG06-056 PARK CLm 175.00 159086 8/10/2007 PARKS-AG06-056 PARK CLm 150.00 158966 8/10/2007 PARKS-AG06-056 PARK CLm 150_00 975.00 200391 8/31/2007 000704 PIETY, E TINA PIETY 2007 8/24/2007 CD-ANNUAL RETREAT PARK 82.72 82.72 Voucher: 200391 200392 8/31/2007 009791 PIRTEK KENT S1115676.001 7/31/2007 MSFL T-HOSES AND CONNEC 690.95 Voucher: 200392 S1114440.001 7/27/2007 MSFL T-HOSES 404.63 S1116668.001 8/2/2007 MSFL T-HOSES 242.72 1,338.30 200393 8/31/2007 004389 PNTA-PACIFIC NORTHWEST '168549 8/7/2007 PKKFT-FOGGER W/CASE & J:; 78.68 78.68 Voucher: 200393 200394 8/31/2007 005583 PRAXAIR DISTRIBUTION INC 26708499 7/23/2007 PKM-WELDING SUPPLlES/IN\ 49.43 Voucher: 200394 26806569 8/2/2007 PKM-WELDING SUPPLlES/IN\ 20.08 26592113 7/13/2007 PKM-WELDING SUPPLlES/IN\ 20.08 26630715 7/20/2007 PKM-WELDING SUPPLlESIIN\ 11 .48 101.07 200395 8/31/2007 000049 PRESTON GATES & ELLIS LLF1678095 7/31/2007 LAW-AG05-30 PHASE III (SR9 321.75 321.75 Voucher: 200395 200396 8/31/2007 008107 PRINT SOLUTIONS & CONSUL7316 8/11/2007 CD-COLOR FL YERS 1,836.05 1,836.05 Voucher: 200396 200397 8/31/2007 009363 PRO-TOW MAPLE VALLEY 94741 8/2/2007 PS-TOWING SVCS SRT 248.84 248.84 Voucher: 200397 200398 8/31/2007 009960 PROFORCE LAW ENFORCEM25496 8/3/2007 PS-AIR CARTRIDGES 3,412.50 3,412.50 Voucher: 200398 Page: 18 apChkLst 08/31/2007 7:46:45AM Final Check List CITY OF FEDERAL WAY Page: 19 Bank: key us bank (Continued) Check # Date Vendor Invoice 1988 Inv Date DescriDtion 8/8/2007 PS-BATTERIES PATROL STO 8/10/2007 MC-07 JURY SOURCE LIST CM/CC-CLEAN CITIES COAL!" 8/7/2007 8/1/2007 FWCC-8/07 JANITORIAL 6/26/2007 PS-HELMET COMMUNICATIO 7/9/2007 PS-HELMET COMMUNICATIO 8/14/2007 DBC-RENTAL DEPOSIT REFL 206-Z04-06094i 8/4/2007 200399 8/31/2007 010352 PUBLIC RELATIONS SOCIETYFARMER REGI:: 8/30/2007 CM - PRSA INTERNATIONAL ( Voucher: 200399 200400 8/31/2007 006079 PUBLIC SAFETY CENTER, INC1286011N Voucher: 200400 200401 8/31/2007 005345 PUGET POSTINGS Voucher: 200401 200402 8/31/2007 000120 PUGET SOUND CLEAR AIR AC2007073 Voucher: 200402 200403 8/31/2007 000051 PUGET SOUND ENERGY INC 250-275-0389 8/16/2007 PWTR-7/07 ELECT 106 SW CJ Voucher: 200403 353-789-4499 8/16/2007 MIS-7/07 WIFI PSE ROUTERS 200404 8/31/2007 010340 PUGET SOUND PARTNERSHIIFARMER PRSA 8/22/2007 CM - REIMBURSEMENT OF P Voucher 200404 200405 8/31/2007 008701 PUGET SOUND SERVICES 0220 Voucher: 200405 200406 8/31/2007 009881 PVP COMMUNICATIONS, INC 8815 Voucher: 200406 8864 200407 8/31/2007 010342 QUIL TERS BY THE BAY 8881 Voucher: 200407 200408 8/31/2007 000202 QWEST Voucher: 200408 200409 8/31/2007 000202 QWEST Voucher 200409 200410 8/31/2007 009613 ROAD WARRIOR PAINTBALL 1002 Voucher: 200410 208411 8/31/2007 004805 ROBINSON, TOM Voucher: 200411 200412 8/31/2007 003429 ROE, CARY Voucher: 200412 200413 8/31/2007 008954 ROSE. HOLLY Voucher 200413 253-630-1529-2€ 8/4/2007 7/4/2007 MSTEL-(8/07) PHONE/DATA S MC-(7/07) FAX MCHN CHRGS ROE 2007 ROBINSON 200. 8/20/2007 PS-OS ETHICAL ISSUES SMN PRCS-RWBF PAINTBALL BOC 200414 8/31/2007 Voucher: 200415 8/31/2007 Voucher: ROSE 2007 ROSE 2007 ROSE 2007 ROSSI 2007 010343 ROSSI, TODD 200414 005508 SAFAROVA-DOWNEY, ALMIRJ08/21/07 200415 7/30/2007 PW-OS APWA CONF. C ROE 8/10/2007 8/20/2007 8/22/2007 8/9/2007 PKKFT-PROPS. COSTUMES, PKKFT-5/07-8/07 MILEAGE - I- PKKFT-PHOTOS AND FRAME PS-VSRT MAINT SUPPLIES 8/21/2007 MC-INTERPRETER SVCS Amount Paid 1,624.00 404.63 272.25 350.00 95.50 29.48 277.00 4,975.00 6,198.66 1,350.00 150.00 3,150.65 23.38 745.00 140.00 210.00 407.47 99.43 93.47 67.17 80.00 Check Total 1,624.00 404.63 272.25 350.00 124.98 277.00 4,975.00 7,548.66 150.00 3,150.65 23.38 745.00 140.00 210.00 600.37 67.17 80.00 Page: 19 apChkLst 08/31/2007 7:46:45AM Final Check List CITY OF FEDERAL WAY Page: 20 Bank: key us bank (Continued) Check # Date Vendor 200416 8/31/2007 Voucher: 200417 8/31/2007 Voucher: 200418 8/31/2007 Voucher: 200419 8/31/2007 Voucher: 200420 8/31/2007 Voucher: 200421 8/31/2007 Voucher: 200422 8/31/2007 Voucher: 200423 8/31/2007 Voucher: 200424 8/31/2007 Voucher: 200425 8/31/2007 Voucher: 200426 8/31/2007 Voucher: 200427 8/31/2007 Voucher: 200428 8/31/2007 Voucher: 200429 8/31/2007 Voucher: Invoice 005277 SAFEGUARD BUSINESS SYS1023376388 200416 003726 SAFEW A Y STORE #1555 200417 003772 SALLOUM, MARWAN 200418 004849 SAMS SANITARY & MAINTEN.l128031 200419 128011 010346 SCHMIDT, KEITH SCHMIDT 2007 200420 006418 SCHROCK, CATHY 200421 000351 SEATTLE TIMES-SUBSCRIPTI 000829234 200422 001213 SECOMA FENCE INC 200423 010345 SEDA CONSTRUCTION 200424 005539 SEMISI-TUPOU, VAIVAO 200425 005340 SENIOR SERVICES OF SEATTJUL Y 2007 200426 001988 SERVICE LINEN SUPPLY 200427 010344 SHCHERBINA, EDUARD 200428 001480 SHERWIN-WILLIAMS CO 200429 1528173 8/3/2007 Inv Date Description MC-CUSTOM CHECKS 8/17/2007 PRCS-RASER ST. PARK TRIP SALLOUM 2007 7/27/2007 PW-OS APWA CONF. SALLOl 8/3/2007 PKM/PKCP-JANITORIAL SUPF 8/1/2007 PKM-JANITORIAL SUPPLIES 8/13/2007 PS-OS ETHICAL ISSUES TRN SCHROCK 2007 8/28/2007 PS-OS SPILLMAN USER CON 8/5/2007 FWCC-SEATTLE TIMES SCRI 6638 8/9/2007 PKM-REPAIR FOR SKATE PAl 6652 8/22/2007 PARKS-FENCING @ CEDAR ( 02-72529 REFUI 8/16/2007 CD-02-72529 NORMAN KIM 0 08/23/07 8/23/2007 MC-INTERPRETER SVCS 8/21/2007 SR MEAL PROGRAM - JULY 2 625/4354 6/25/2007 618/5961 6/18/2007 806/7250 8/6/2007 723/5240 7/23/2007 730/1771 7/30/2007 716/7666 7/16/2007 709/9301 7/9/2007 702/2441 7/2/2007 02-72896 REFUI 8/22/2007 2224-2 0525-7 0775-8 PRCS-L1NEN SERVICE PRCS-L1NEN SERVICE PRCS-L1NEN SERVICE PRCS-L1NEN SERVICE PRCS-L1NEN SERVICE PRCS-L1NEN SERVICE PRCS-L1NEN SERVICE PRCS-L1NEN SERVICE PW-02-72896 SHCHERBINA 0 8/15/2007 PKM-PAINT FOR SAGHALlE 7/19/2007 FWCC-PAINT AND PAINT SUF 7/25/2007 FWCC-PAINT AND PAINT SUF Amount Paid 271.98 47.82 210.00 317.12 195.15 140.00 100.00 42.00 2,970.30 1,923.71 500.00 40.00 384.25 25.93 22.88 22.22 22.22 20.89 20.89 20.89 20.89 1,680.00 285.05 65.99 7.17 Check Total 271.98 47.82 210.00 512.27 140.00 100.00 42.00 4,894.01 500.00 40.00 384.25 176.81 1,680.00 358.21 Page: 20 apChkLst Final Check List Page: 21 08/31/2007 7:46:45AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 200430 8/31/2007 003389 SHUPP, CONNIE SHUPP 2007 8/14/2007 LAW-BEAVER LAWSUIT SHUI 193.73 193.73 Voucher: 200430 200431 8/31/2007 005497 SKINNER, BILL SKINNER 2007 8/9/2007 PS-OS ETHICAL ISSUES TRN 140.00 140.00 Voucher: 200431 200432 8/31/2007 010328 SMITH, BRADY 347440 8/17/2007 FWCC-RENTAL DEPOSIT REf 250.00 250.00 Voucher: 200432 200433 8/31/2007 009662 SNIPERCRAFT INC. BERTUCCI REG 8/23/2007 PS-SNIPERCRAFT CONF. BEl 240.00 240.00 Voucher: 200433 200434 8/31/2007 010326 SOL TERO, SYLVIA 347442 8/17/2007 FWCC-RENTAL DEPOSIT REf 500.00 500.00 Voucher: 200434 200435 8/31/2007 004963 SOUND PUBLISHING INC 023624 7/7/2007 MSHR-7/7/07 JOB ADVERTISE 510.30 Voucher: 200435 023646 7/14/2007 MSHR-7/14/07 JOB ADVERTI~ 510.30 023709 7/21/2007 MSHR-7/21/07 JOB ADVERTI~ 510.30 023772 7/28/2007 MSHR-7/28/07 JOB ADVERTI~ 510.30 2,041.20 200436 8/31/2007 000285 SOUTH KING FIRE & RESCUE07-0317 7/4/2007 PRCS-RWBF FIRE PERMIT 100.00 100.00 Voucher: 200436 200437 8/31/2007 001885 SPARKS CAR CARE 20646 8/8/2007 PS-FUEL LINE CLIP, SPOTLlG 241.51 Voucher: 200437 20661 8/10/2007 PS-PRIORITY START ASSY. C 223.59 20706 8/20/2007 PS-OIL CHANGE, BATTERY C 203.72 20711 8/21/2007 PS-NEW WHEEL STUD, TIRE 196.80 20700 8/17/2007 PS-TIRE REPAIR 69.70 20689 8/16/2007 PS-OIL CHANGE, WIPER BLA 59.18 20672 8/13/2007 PS-OIL CHANGE 31.63 20643 8/8/2007 PS-OIL CHANGE 31.63 20710 8/21/2007 PS-OIL CHANGE 30.16 20683 8/15/2007 PS-OIL CHANGE 30.16 20676 8/14/2007 PS-OIL CHANGE 30.16 20684 8/15/2007 PS-OIL CHANGE 30.16 1,178.40 200438 8/31/2007 002548 SPRAGUE PEST CONTROL 797204 8/22/2007 PKDBC-PEST CONTROL SVC 92.57 92.57 Voucher: 200438 200439 8/31/2007 009450 SPRAGUE, CHRIS SPRAGUE 2007 8/9/2007 PS- T ARP FOR VSRT 41.68 41.68 Voucher: 200439 200440 8/31/2007 007438 SPRINT/ROTHHAMMER INT'L 41504A 7/20/2007 PRCS/FWCC/POOL - GOGGLI 346.60 346.60 Voucher: 200440 Page: 21 apChkLst Final Check List Page: 22 08/31/2007 7:46:45AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date DescriDtion Amount Paid Check Total 200441 8/31/2007 009039 STENDER LAW, PLCC 217 7/30/2007 CM-CONFLlCT DEFENDER S\ 750.00 Voucher: 200441 214 7/26/2007 CM-CONFLlCT DEFENDER S\ 500.00 225 8/21/2007 CM-CONFLlCT DEFENDER S\ 500.00 213 7/26/2007 CM-CONFLlCT DEFENDER S\ 62.50 219 8/1/2007 CM-CONFLlCT DEFENDER S\ 62.50 1,875.00 200442 8/31/2007 003307 STERICYCLE INC 0004101377 7/31/2007 PS-WASTE DISPOSAL FEES 11.14 11.14 Voucher: 200442 200443 8/31/2007 003896 SUMMIT LAW GROUP 34698 8/12/2007 LAW-AG03-214A-(7/07) PSA 9,315.50 Voucher: 200443 34841 8/15/2007 LAW-AG06-132 GUILD NEGO- 3,750.00 34727 8/12/2007 LAW-AG03-214A-(7/07) PSA 264.00 13,329.50 200444 8/31/2007 006414 SUMNER VETERINARY HOSP464062 8/13/2007 PS-K9 BOARDING - CALEB 140.00 140.00 Voucher: 200444 200445 8/31/2007 004356 SUMPTER, KYLE SUMPTER 2007 7/24/2007 PS-OS NTOA TACTICAL OPS 275.00 275.00 Voucher: 200445 200446 8/31/2007 007710 SUPERIOR LINEN SERVICE 591957 8/14/2007 DBC-L1NEN SERVICE 19.28 Voucher: 200446 590013 8/7/2007 DBC-L1NEN SERVICE 17 .42 593886 8/21/2007 DBC-L1NEN SERVICE 17 .42 54.12 200447 8/31/2007 007990 SYMBOLARTS LLC 0073267-IN 5/25/2007 PS-BADGES 32.50 32.50 Voucher: 200447 200448 8/31/2007 009523 SYSTEMS FOR PUBLIC SAFEi07 -863 8/13/2007 PS-INSTALL REBUILD DOOR 515.82 Voucher: 200448 07 -873 8/15/2007 PS-REWIRE EMERGENCY L1C 153.41 07 -84 7 8/10/2007 PS-R & R FRONT STROBE TL 84.43 07-848 8/10/2007 PS-ACC PLUG ELECT. INSPEI 73.98 07 -865 8/13/2007 PS-INSTALL USED SIREN CO 73.98 07-874 8/15/2007 PS-USB DOCK RECONNECT 73.98 07-850 8/10/2007 PS-ADJUST RIFLE RACK 36.99 1,012.59 200449 8/31/2007 008470 TACTICAL DESIGN LABS 5142 8/2/2007 PS-HOLSTERS 123.50 123.50 Voucher: 200449 200450 8/31/2007 006146 TASER INTERNATIONAL INV041 064050 7/30/2007 PS-TASERS & TASER ACCES 525.00 525.00 Voucher: 200450 200451 8/31/2007 001187 TECHNOLOGY EXPRESS 151074 8/14/2007 WIFI- 2005 JAG - AXIS NETW 4,461.63 Voucher: 200451 151196 8/21/2007 GAC - MICRONET 1TB PLATI~ 989.90 5,451.53 200452 8/31/2007 006033 THE FAB SHOP LLC Z-5708 8/17/2007 MSFL T-REPAIR TRANSFER S 497.62 Voucher: 200452 Z-5672 8/6/2007 MSFL T-4 LED AMBER DASH L 195.73 693.35 Page: 22 apChkLst 08/31/2007 7:46:45AM Final Check List CITY OF FEDERAL WAY Page: 23 Bank: key us bank Check # Date Vendor 200453 8/31/2007 004245 Voucher: 200453 200454 8/31/2007 009444 THE NONPROFIT CENTER 11 Voucher: 200454 200455 8/31/2007 003088 THE PART WORKS INC Voucher: 200455 200456 8/31/2007 001424 THYSSENKRUPP ELEVATOR 1837619 Voucher: 200456 200457 8/31/2007 004218 TIMCO INC Voucher: 200457 200458 8/31/2007 Voucher: 200459 8/31/2007 Voucher: 200460 8/31/2007 Voucher: 200461 8/31/2007 Voucher: 200462 8/31/2007 Voucher: (Continued) Invoice THE JOSEPH FOUNDATION 1ST QTR 2007 5/4/2007 Inv Date Description CDHS-AG07-047 TRANSITIOr-., 213222 160986 160933 161378 009919 TITUS-WILL COLLISION CENTRO #45589 200458 001267 TOP FOODS HAGGEN INC 200459 008902 TRI-CITY MEATS 200460 008074 TRUGREEN LANDCARE LLC 200461 001715 TRUGREEN-CHEMLAWN 200462 200463 8/31/2007 006872 Voucher: 200463 200464 8/31/2007 006827 TUCKER, GAYLE Voucher: 200464 200465 8/31/2007 008129 US LATEX PRODUCTS INC Voucher: 200465 200466 8/31/2007 000618 UAP DISTRIBUTION INC Voucher: 200466 TRUSCO MFG CO 379323 379316 379324 379320 207155 206684 5838947 5838949 20946 20945 20943 20944 00003821 8/22/2007 CDHS-AG06-042 CAPACITY B 8/3/2007 CHB-MAINT/REPAIR SUPPLlE 9/1/2007 CHB-ELEVATOR SERVICE 9/( Amount Paid 150.00 1,260.00 29.89 170.79 43.98 19.05 16.83 558.04 13.78 11.00 10.97 9.96 516.69 151.84 1,757.87 560.29 569.55 353.93 239.58 125.24 171.76 173.15 491 .27 1,004.87 Check Total 150.00 1,260.00 29.89 170.79 79.86 558.04 45.71 668.53 2,318.16 1,288.30 171.76 173.15 491.27 1,004.87 8/7/2007 8/6/2007 8/15/2007 8/7/2007 MSFL T-MOWER MAl NT/PART PKM-MISC SUPPLlES/INV#16( MSFL T-MACK SANDER PART PS-BUMPERlPUSH BAR REPJ 5/17/2007 PRCS- PROGRAM SUPPLIES 12/11/2006 PRCS- PROGRAM SUPPLIES 4/6/2007 PRCS- PROGRAM SUPPLIES 12/18/2006 PRCS- PROGRAM SUPPLIES 8/23/2007 PKDBC-MEAT FOR CATERIN( 8/8/2007 PKDBC-MEAT FOR CATERIN( 7/31/2007 DBC-AG04-152:7/07 DBC LANI 7/31/2007 PARK-AG06-142 LANDSCAPII 8/2/2007 PKM-FAC:PESTICIDE SVCS F 8/2/2007 PKM-SAGHALlE-SPRAY BLAC 8/2/2007 PKM-FAC:PESTICIDE SVCS F 8/2/2007 PKM-FAC:PESTICIDE SVCS F 7/30/2007 PKM-PUMP TUCKER 2007 8/22/2007 MSHR-PS WELLNESS STORE 424J 6/26/2007 PS-LA TEX GLOVES S007645851.001 7/25/2007 PKM-CASORAN/SNAPSHOT/~ Page: 23 apChkLst 08/31/2007 7:46:45AM Final Check List CITY OF FEDERAL WAY Page: 24 Bank: kev us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid 200467 8/31/2007 002426 UNITED GROCERS CASH & C,102093 8/10/2007 FWCC-PRO SHOP ITEMS FOI 213.33 Voucher: 200467 100475 8/3/2007 FWCC-PRO SHOP ITEMS FOI 151.07 3863 7/20/2007 PRCS-OUTDOOR CINEMA CC 91.27 101856 8/10/2007 DBC-CATERING SUPPLIES 65.81 102092 8/10/2007 PRCS-PROGRAM SUPPLIES 26.55 101171 8/7/2007 DBC-CATERING SUPPLIES 22.90 102124 8/11/2007 PKKFT -BOTTLE WATER 21.95 103025 8/15/2007 PKDBC-CATERING SUPPLlE~ 20.48 101986 8/10/2007 DBC-CATERING SUPPLIES 1.66 200468 8/31/2007 003837 UNITED PARCEL SERVICE 0000F6588V317 8/4/2007 PS-DELlVERY SERVICE 2.16 Voucher: 200468 200469 8/31/2007 000769 UNITED PIPE & SUPPLY CO 11'7589477 8/3/2007 PKM-IRRIGATION SUPPLlES/I 24.83 Voucher: 200469 200470 8/31/2007 003368 URBAN TRANSPORTATION M 185 8/30/2007 PWTR- SUBSCRIPTION RENE 295.00 Voucher: 200470 200471 8/31/2007 001124 VERIZON WIRELESS 0578095692 8/12/2007 PS-BAIT CAR WIRELESS SVC 13.57 Voucher: 200471 200472 8/31/2007 005408 VOLLMER, BRYAN VOLLMER 2007 8/21/2007 PS-CLOTHING ALLOWANCE' 29.53 Voucher: 200472 200473 8/31/2007 003528 WA STATE CRIMINAL JUSTIC12009-0028 8/17/2007 PS-HANDGUN INST.TRNG D : 100.00 Voucher: 200473 2009-0006 8/8/2007 PS-HANDGUN INST. TRNG Cl 100.00 200474 8/31/2007 003347 WA STATE DEPT OF TRANSP RE-313-ATB707 7/11/2007 SWM-AG06-151 SPRING VAll 14,672.18 Voucher: 200474 200475 8/31/2007 001379 WA STATE L&I ELEVATOR SE84660 8/3/2007 CHB-L&I OPERATING PERMIl 109.40 Voucher: 200475 200476 8/31/2007 000851 WA STATE PATROL 106018753 8/2/2007 PS-7/07 BACKGRND CHECKS 2,304.00 Voucher: 200476 200477 8/31/2007 004751 WA STATE PATROL-BUDGET/OVERLEASE RE 8/13/2007 PS-WSP ACCESS TRNG OVE 40.00 Voucher: 200477 200478 8/31/2007 001162 WA STATE RECYCLING 839 8/6/2007 SWR-WSRA TECHNICAL TOL 120.00 Voucher: 200478 200479 8/31/2007 000514 WA STATE-STATE REVENUE~6/07-7/07 8/13/2007 MSF- 6/07-7/07 REMIT STATE 157,140.08 Voucher: 200479 200480 8/31/2007 000069 WABO-WAASSOC BLDG OFF13451 6/5/2007 CDB - IBC BOOKS & ETC 990.35 Voucher: 200480 14059 8/7/2007 CD-INTL BLDG CODE CONF.. 125.00 Check Total 615.02 2.16 24.83 295.00 13.57 29.53 200.00 14,672.18 109.40 2,304.00 40.00 120.00 157,140.08 1,115.35 Page: 24 I I apChkLst Final Check List Page: 25 08/31/2007 7:46:45AM CITY OF FEDERAL WAY Bank: key us bank (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 200481 8/31/2007 701704 W AET AG 8880 8/14/2007 DBC-RENTAL DEPOSIT REFL 10.10 10.10 Voucher: 200481 200482 8/31/2007 006853 WAHl, PRAN 08/16/07 8/16/2007 MC-INTERPRETER SVCS 140.00 140.00 Voucher: 200482 200483 8/31/2007 006007 WALKER ACE HARDWARE 003269 8/8/2007 PKKFT-SPRAY PAINT 151.80 Voucher: 200483 003284 8/15/2007 DBC-MARKING PAINT 25.00 003278 8/10/2007 PKKFT-SPRAY PAINT 7.60 003275 8/10/2007 PKKFT-2 KEYS W/O NOTCH 6.50 190.90 200484 8/31/2007 009137 WASHINGTON ELEMENTARY 19427 9/4/2005 PKDBC-REFUND RENTAL DE 150.00 150.00 Voucher: 200484 200485 8/31/2007 002717 WASHINGTON FIRM L TO, THE110029 8/15/2007 LAW-AG07-134 CONSULTING 2,018.76 2,018.76 Voucher: 200485 200486 8/31/2007 005350 WASHINGTON ROCK QUARRI99608 8/10/2007 PKM- TRAIL MIX FOR 2228 S. 651.72 651.72 Voucher: 200486 200487 8/31/2007 000783 WASTE MANAGEMENT 0086461-1055-4 8/1/2007 PWSWR-7/07 LITTER DISPOE 356.57 356.57 Voucher: 200487 200488 8/31/2007 001504 WASTE NEWS R7845835 7/24/2007 SWR-8/07-8/08 SUBSCRIPTIO 64.00 64.00 Voucher: 200488 200489 8/31/2007 005411 WATTERS, CLARK WATTERS 2007 8/10/2007 CD-SAFETY SHOES - C W A Tl 54.42 54.42 Voucher: 200489 200490 8/31/2007 000173 WEST PAYMENT CENTER 814173575 8/1/2007 MSDP-7/07 DATABASE/COM!\' 1,619.50 1,619.50 Voucher: 200490 200491 8/31/2007 009692 WEST, STUART WEST 2007 8/9/2007 PS-FIREARMS QUALlFICATIC 142.34 142.34 Voucher: 200491 200492 8/31/2007 000541 WESTERN EQUIPMENT DISTF516138 7/18/2007 MSFL T-REPAIR BROKEN MO. 555.43 Voucher: 200492 523470 8/15/2007 MSFL T -STARTER ASSY 380.33 521344 8/1/2007 MSFL T-INSTALL IDLER PULL' 348.29 520501 7/26/2007 MSFL T-CONTROL THROTTLE 190.35 520155 7/26/2007 MSFL T-V BELT & COUPLING 146.08 523030 8/8/2007 MSFL T-RUBBER COUPLING 107.18 519073.2 7/25/2007 MSFL T-PIN WIRE LOCK, GUI[ 37.92 523030.2 8/9/2007 MSFL T-TORO MOWER REPA! 33.85 520552 7/27/2007 MSFL T-LEAF SPRING 22.02 520723 7/27/2007 MSFL T-TORO MOWER REPAi 2.31 1,823.76 Page: 25 apChkLst 08/31/2007 7:46:45AM Final Check List CITY OF FEDERAL WAY Page: 26 Bank: key us bank Check # Date Vendor (Continued) Invoice Inv Date 200493 8/31/2007 001798 WESTERN PETERBIL T INC G314963 Voucher: 200493 200494 8/31/2007 001427 WESTERN POWER & EQUIPME38306 Voucher: 200494 200495 8/31/2007 009514 WESTSIDE CONCRETE ACCE0598130-IN Voucher: 200495 200496 8/31/2007 009508 WHITWORTH PEST SOLUTI0101-0092470 Voucher 200496 01-0092695 200497 8/31/2007 002204 WILBUR-ELLIS COMPANY 2459625 Voucher: 200497 2520644 RI 200498 8/31/2007 009818 WILEY, ADAM 246398 Voucher: 200498 200499 8/31/2007 010109 WILLIAMS & WILLIAMS PSC 8859 Voucher: 200499 200500 8/31/2007 005805 WILLIAMS OIL FILTER SVC CC763936 Voucher: 200500 200501 8/31/2007 000660 WOODWORTH & COMPANY 11175795 Voucher 200501 200502 8/31/2007 010347 WORLDWIDE LAW ENFORCE!COMPSTAT 20C 8/23/2007 Voucher 200502 200503 8/31/2007 001121 WWEE-WA WOMEN EMPLOY/24833 Voucher 200503 200504 8/31/2007 005722 YAKIMA COUNTY DEPARTMEIJUL Y 2007 Voucher 200504 8/7/2007 8/7/2007 7/18/2007 7/17/2007 7/30/2007 7/11/2007 7/31/2007 8/15/2007 8/2/2007 7/30/2007 8/7/2007 8/21/2007 8/3/2007 Description Amount Paid Check Total MSFL T-BRAKE LIGHTS & AR~ 382.30 382.30 MSFL T-TRAILER HITCH PARl 302.70 302.70 PWST-FINISHING TOOLS & S 502.99 502.99 PWST-NOXIOUS WEED CON' 1,089.00 PWST-NOXIOUS WEED CON' 326.70 1,415.70 PWST-LANDSCAPE MAINT Sl 111.15 PWST-LANDSCAPE MAINT Sl 1.42 112.57 PRCS-CLASS FEE REFUND 22.00 22.00 LAW-AG07-083 356TH/SR 99 ( 4,302.10 4,302.10 MSFL T-FIL TER ELEMENTS 101.12 101.12 SWM/PWST-GENERAL CO NT 435.04 435.04 PS-OS COMPSTAT 2007 CON 3,580.00 3,580.00 DBC-DAMAGE DEPOSIT REFI 27.58 27.58 PS-(7/07) JAIL SVCS AGOO-16 94,876.43 94,876.43 Sub total for us bank: 1,120,726.47 Page: 26 apChkLst 08/31/2007 7:46:45AM Final Check List CITY OF FEDERAL WAY Page: 27 299 checks in this report. Grand Total All Checks: 1,120,726.47 Page: 27 apChkLst 08/31/2007 7:46:45AM Final Check List CITY OF FEDERAL WAY Page: 28 Bank code: key (none) Page: 28 apChkLst Final Check List Page: 1 09/14/2007 6:36:12AM CITY OF FEDERAL WAY Bank: bofa BANK OF AMERICA Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 200505 9/4/2007 008381 CONOCOPHILLlPS FLEET 870165123708 8/26/2007 PS-FLEET FUEL 671.52 671.52 Voucher: 200505 200506 9/6/2007 009319 HAN WOO-RI FESTIVAL SEPTEMBER 4, 9/4/2007 CMED-HAN WOO-RI 2007 FE~ 21,980.57 21,980.57 Voucher: 200506 200507 9/14/2007 000332 ABC LEGAL MESSENGERS IN 00-0035550 8/31/2007 LAW; MNTHL Y SRV CHRG; 01 . 132.00 132.00 Voucher: 200507 200508 9/14/2007 004895 ABOU-ZAKI, KAMAL 08/28/07 8/28/2007 MC-INTERPRETER SVCS 130.75 130.75 Voucher: 200508 200509 9/14/2007 004234 ABT TOWING OF FEDERAL W23838 8/21/2007 PS-TOWING SERVICE 154.00 Voucher: 200509 22235 7/23/2007 PS-TOWING SVCS 154.00 308.00 200510 9/14/2007 001856 ACTION SERVICES CORPORP57037 7/31/2007 PWST-AG07-002 STREET SW 6,158.46 Voucher: 200510 57372 8/31/2007 PWST-AG07-002 8/07 STREE- 4,089.89 10,248.35 200511 9/14/2007 000568 AGRI SHOP INC 351946 8/20/2007 PKM-REPAIR SOD CUTTER 98.51 Voucher: 200511 352181 8/22/2007 PKM-CHAIN, SLEEVE,HEX NL 38.03 136.54 200512 9/14/2007 001285 ALPINE PRODUCTS INC TM-86700 8/20/2007 PWST-SQUEEGEE 201.57 Voucher: 200512 TM-86337 8/8/2007 PWST/SWR-SAFETY WEAR 172.23 TM-86322 8/8/2007 PWST-SQUEEGEE HANDLE/E 110.21 TM-86837 8/24/2007 PWST-DAPCO ADHESIVE 80.50 TM-86499 8/14/2007 PKM-ROLLER, HANDLE, COV 75.90 640.41 200513 9/14/2007 005287 AMERICALL COMMUNICATIOtD6417-0807 8/21/2007 PKM-AFTER HR CALL-OUT S' 164.20 Voucher: 200513 D6416-0807 8/21/2007 SWM-AFTER HR CALL-OUT S 111.95 276.15 200514 9/14/2007 001522 AMERICAN RED CROSS 10018055 8/24/2007 FWCC-FIRST AID TRNG 30.00 30.00 Voucher: 200514 200515 9/14/2007 000190 APA-AMERICAN PLANNING AW82347-070304 7/12/2007 CD-ZONING PRACTICES SUB 75.00 75.00 Voucher: 200515 200516 9/14/2007 005715 ARCH WIRELESS HOLDINGS Q61638381 9/1/2007 MSTEL-8/07 PAGER LEASE 56.78 56.78 Voucher: 200516 200517 9/14/2007 007158 ARCHIVES NORTHWEST LLC 0001999 9/6/2007 MC-(8/07) STORAGE FEE 43.65 43.65 Voucher: 200517 200518 9/14/2007 001233 AT&T BUSINESS SERVICE 051 073606500 8/24/2007 MSTEL-9/07 LONG DISTANCE 30.02 30.02 Voucher: 200518 200519 9/14/2007 005587 AVAYA INC 2726106266 9/4/2007 MIS-(9/07) PBX MAINT 1,529.94 Voucher: 200519 2726082800 9/1/2007 MIS-(9/07) PBX MAl NT 754.71 2,284.65 Page: 1 apChkLst Final Check List Page: 2 09/14/2007 6:36:12AM CITY OF FEDERAL WAY Bank: bofa BANK OF AMERICA (Continued) Check # Date Vendor Invoice Inv Date DescriDtion Amount Paid Check Total 200520 9/14/2007 010185 BIRD, FERESIKA S 08/23/07 8/23/2007 MC-INTERPRETER SVCS 60.00 Voucher: 200520 08/28/07 8/28/2007 MC-INTERPRETER SVCS 40.00 100.00 200521 9/14/2007 001630 BLUMENTHAL UNIFORM CO 11607169 8/8/2007 PS-UNIFORMS & ACCESSOR 420.14 Voucher: 200521 595953-01 8/23/2007 PS-UNIFORMS & ACCESSOR 267.84 608322-01 8/23/2007 PS-UNIFORMS & ACCESSOR 255.86 607349-01 8/23/2007 PS-UNIFORMS & ACCESSOR 235.17 607354-01 8/23/2007 PS-UNIFORMS & ACCESSOR 235.17 611095-02 8/27/2007 PS-UNIFORMS & ACCESSOR 235.17 613663 8/23/2007 PS-UNIFORMS & ACCESSOR 217.79 613201-01 8/30/2007 PS-UNIFORMS & ACCESSOR 147.89 599060-82 8/21/2007 PS-UNIFORMS & ACCESSOR 117.56 610188 8/23/2007 PS-UNIFORMS & ACCESSOR 99.97 610205 8/23/2007 PS-UNIFORMS & ACCESSOR 87.11 614676 8/30/2007 PS-UNIFORMS & ACCESSOR 64.20 613345 8/21/2007 PS-UNIFORMS & ACCESSOR 54.44 607836 8/23/2007 PS-UNIFORMS & ACCESSOR 44.64 611095-03 8/30/2007 PS-UNIFORMS & ACCESSOR 20.69 613201 8/21/2007 PS-UNIFORMS & ACCESSOR 12.96 599064-01 8/1/2007 PS-UNIFORMS & ACCESSOR 10.35 595953-80 8/29/2007 PS-UNIFORMS & ACCESSOR -267.84 612272-01 8/30/2007 PS-UNIFORMS & ACCESSOR 423.57 2,682.68 200522 9/14/2007 004919 BRATWEAR 310201 8/21/2007 PS-WINTER JUMPSUIT 148.24 148.24 Voucher: 200522 200523 9/14/2007 000833 BRUCE C. ALLEN & ASSOC. 1"650 8/16/2007 SWM-AG05-161 APPRAISAL ~ 2,500.00 2,500.00 Voucher: 200523 200524 9/14/2007 002367 CARL YLE INC 468649-01 8/23/2007 WIFI - SINGLE MODE FIBER F 59.46 59.46 Voucher: 200524 200525 9/14/2007 002351 CASCADE MOBILE MIX CONC24168 8/22/2007 PKCP-CONCRETE 255.92 255.92 Voucher: 200525 200526 9/14/2007 001481 CH2M HILL NORTHWEST INC 3614629 8/15/2007 PWST-AG07-070 PAC HWY H 64,885.05 64,885.05 Voucher: 200526 200527 9/14/2007 009643 CIPALLA COMMUNICATIONS 107-0032 8/31/2007 CM-07-001 TOURISM MARKE" 1,508.68 1,508.68 Voucher: 200527 200528 9/14/2007 004838 CITY OF ENUMCLAW 028687 8/7/2007 PS-(7/07) PRISONER LODGIN 4,636.08 4,636.08 Voucher: 200528 Page: 2 apChkLst 09/14/2007 6:36:12AM Final Check List CITY OF FEDERAL WAY Page: 3 (Continued) Bank: bofa BANK OF AMERICA Check # Date Vendor Invoice 200529 9/14/2007 010360 CITY OF FEDERAL WAY Vouche~ 200529 200530 9/14/2007 006523 COLUMBIA FORD Voucher: 200530 200531 9/14/2007 007591 COMMERCIAL SPACE ONLlNE69854 Voucher: 200531 69975 200532 9/14/2007 004395 CONSOLIDATED ELECTRICAL0220-485731 Voucher: 200532 0220-486136 0220-486014 38661 CK #2316 CK #2313 3-8824 200533 9/14/2007 008445 COPIERS NORTHWEST INC Voucher: 200533 200534 9/14/2007 000721 CORLISS RESOURCES INC Voucher: 200534 00221996 200541 9/14/2007 000773 Voucher: 200541 200542 9/14/2007 005922 DEX MEDIA WEST Voucher: 200542 200543 9/14/2007 008039 DMX MUSIC Voucher: 200543 DELS FARM SUPPLY 311434407 A807935 Inv Date Description 9/10/2007 PS-OS SAFE CITIES CONF. M 9/10/2007 PS-WSSO SCHL SAFTEY TRI' 9/4/2007 MSFL T-FORD PU VIN 1 FDXF4 8/1/2007 9/1/2007 8/23/2007 8/27/2007 8/24/2007 8/27/2007 8/8/2007 8/27/2007 8/6/2007 8/29/2007 CM/ED - PROPERTY DA T ABA CM/ED - PROPERTY DATABA PKM-L1GHTING SUPPLlES/IN\ PKM-L1GHTING SUPPLlES/IN\ PKM-L1GHTING SUPPLlES/IN\ MIS-COPIER/TONER SUPPLlE SWM-ECOLOGY BLOCKS BAI SWM-LAKOT A CREEK ACCE~ PKM-DISPOSAL PICK-UP~Sl PS-K9 MEDICAL CARE - FAX 8/8/2007 8/21/2007 PKM-3/8 HEAVY SILCOCK KE' 8/25/2007 9/6/2007 9/4/2007 8/2/2007 PRCS-AG04-175:PRINTED CL LAW-CD/PW STAFF MEETINC MC-9/6/07 JURY PANEL LUNC CM-LEGISLATIVE MTG LUNCI SWM-BALED STRAW 9/1/2007 8/23/2007 PKKFT-(8/07) DIRECTORY AD MIS-9/07 DIGITAL MUSIC Amount Paid 548.58 456.92 29,195.44 100.00 100.00 2,044.82 473.72 119.79 102.37 252.87 208.03 155.69 38.90 32.90 768.18 89.47 7.90 1.50 81.99 60.22 25.93 184.91 185.70 82.35 Check Total 1,005.50 29,195.44 200.00 2,638.33 102.37 616.59 38.90 32.90 768.18 97.37 1.50 168.14 184.91 185.70 82.35 149251 151595 148938 200535 9/14/2007 009696 CRESTWOOD ANIMAL HOSPI'12308 Voucher: 200535 200536 9/14/2007 009505 D & L SUPPLY AND MFG., INC 236004 Voucher: 200536 200537 9/14/2007 007552 D J IMPRINTS Voucher: 200537 200538 9/14/2007 000854 D J TROPHY 00222134 8/28/2007 CC-WALNUT PLAQUE Voucher: 200538 00221922 7/26/2007 PWST-NAMES PLATES/PLAQ 200539 9/14/2007 006154 DAVIS WRIGHT TREMAINE, Ll01-68419 REFUI 9/6/2007 MSF-REFUND OVERPAYMEN Voucher: 200539 200540 9/14/2007 000438 DELI SMITH & CHOCOLATE J(622840 Voucher: 200540 622848 622847 8179 Page: 3 apChkLst Final Check List Page: 4 09/14/2007 6:36:12AM CITY OF FEDERAL WAY Bank: bofa BANK OF AMERICA (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 200544 9/14/2007 005341 DODD, ESCOLASTICA ROSA 08/28/07 8/28/2007 MC-INTERPRETER SVCS 210.00 Voucher: 200544 09/04/07 9/4/2007 MC-INTERPRETER SVCS 200.00 08/27/07 8/27/2007 MC-INTERPRETER SVCS 100.00 09/06/07 9/6/2007 MC-INTERPRETER SVCS 80.00 08/29/07 8/29/2007 MC-INTERPRETER SVCS 80.00 09/06/07 A 9/6/2007 MC-INTERPRETER SVCS 80.00 750.00 200545 9/14/2007 006012 DOHERTY, PATRICK EMPLOYEE REI 8/24/2007 CM/ED - ICSC PACIFIC NO CC 571.19 571.19 Voucher: 200545 200546 9/14/2007 000570 EAGLE TIRE & AUTOMOTIVE 11057092 9/4/2007 PS-REPAIRS/SVC 803.96 Voucher: 200546 1056978 8/28/2007 PS-REPAIRS/SVC 755.70 1057023 8/29/2007 PS-REPAIRS/SVC 353.56 1057020 8/30/2007 PS-REPAIRS/SVC 172.82 1057010 8/30/2007 PS-REPAIRS/SVC 128.33 1056961 8/27/2007 PS-REPAIRS/SVC 88.29 1056945 8/27/2007 PS-REPAIRS/SVC 72.75 1057027 8/30/2007 PS-REPAIRS/SVC 43.80 1056832 8/21/2007 PS-REPAIRS/SVC 39.73 1056852 8/22/2007 PS-REPAIRS/SVC 25.58 1056969 8/28/2007 PS-REPAIRS/SVC 25.58 1056976 8/28/2007 PS-REPAIRS/SVC 25.58 1056993 8/29/2007 PS-REPAIRS/SVC 25.58 1057089 9/4/2007 PS-REPAIRS/SVC 25.58 10571111 9/5/2007 PS-REPAIRS/SVC 25.58 1056929 8/25/2007 PS-REPAIRS/SVC 14.44 2,626.86 200547 9/14/2007 006177 EARL, SHARYN LYNN 07034 8/8/2007 PRCS- TRICKS & TREATS FL "Y 315.00 Voucher: 200547 07033 8/8/2007 PRCS-JINGLE BELL BRUNCH 270.00 585.00 200548 9/14/2007 010374 EASY DOES IT ELECTRIC 02-69201 REFUI 9/5/2007 MSF-REFUND DUPLICATE pr-, 75.00 75.00 Voucher: 200548 200549 9/14/2007 006514 ENGINEERING BUSINESS SY~29883 8/24/2007 MIS-PLOTTER PAPER 148.79 148.79 Voucher: 200549 200550 9/14/2007 009628 EPIC EVENTS & PROMOTION 404 7/9/2007 PRCS-OUTDOOR CINEMA PR 4,600.00 4,600.00 Voucher: 200550 200551 9/14/2007 001046 EQUIFAX CREDIT INFORMATI2822571 8/23/2007 PS-(8/07) CREDIT REPORTS 37.20 37.20 Voucher: 200551 Page: 4 apChkLst Final Check List Page: 5 09/14/2007 6:36:12AM CITY OF FEDERAL WAY Bank: bofa BANK OF AMERICA (Continued) Check # Date Vendor Invoice Inv Date DescriDtion Amount Paid Check Total 200552 9/14/2007 010362 ERICKSON, JENNIFER 348818 8/24/2007 PRCS-CLASS FEE REFUND 30.00 30.00 Voucher: 200552 200553 9/14/2007 000328 ERNIE'S FUEL STOPS (DBA) 0261791 8/31/2007 PS-8/16-8/31/07 FUEL FOR PC 10,639.16 10,639.16 Voucher: 200553 200554 9/14/2007 005433 EVERGREEN CONCRETE CU174390 8/21/2007 PKM-CORE DRILL HOLES@C 408.38 408.38 Voucher: 200554 200555 9/14/2007 000217 FEDERAL EXPRESS CORPOR2-223-55177 8/24/2007 FEDERAL EXPRESS DELlVEF 21.66 Voucher: 200555 2-247-62553 9/7/2007 MIS-FEDEX B OF A DOCUMEI 8.55 2-235-93485 8/31/2007 MS-OVERNIGHT DELlVERY- 7.75 37.96 200556 9/14/2007 004270 FEDERAL WAY MIRROR 008214 8/22/2007 CDPL-(8/22/07) LEGALS- 115.70 Voucher: 200556 008215 8/22/2007 CDPL-(8/22/07) LEGALS- 90.61 206.31 200557 9/14/2007 001893 FEDERAL WAY SCHOOL DISTSIF-AUGUST 209/11/2007 MSF-AUG 07 SCHL IMPACT F 18,259.00 18,259.00 Voucher: 200557 200558 9/14/2007 008138 FIRE SYSTEMS WEST INC SM117760-212 8/31/2007 CHB-REPAIR LOWER SPRINI< 593.51 593.51 Voucher: 200558 200559 9/14/2007 008860 FOOD SERVICES OF AMERICJ8501708 7/13/2007 FWCC-JANITORAL SUPPLIES 1,839.89 Voucher: 200559 8651785 9/6/2007 PKDBC-CATERING SUPPLlE:: 1,525.99 8615905 8/24/2007 FWCC-JANITORIAL SUPPLlE~ 1,390.64 8628142 8/29/2007 PKDBC-CATERING SUPPLlE:: 702.81 8617043 8/24/2007 FWCC-JANITORIAL SUPPLlE~ 631.89 8615906 8/24/2007 FWCC-JANITORIAL SUPPLlE~ 367.79 6,459.01 200560 9/14/2007 009882 FORREST, KATHLEEN A SEPTEMBER 1, 9/1/2007 CM-AG07-001 8/07 CONFLICT 2,875.00 2,875.00 Voucher: 200560 200561 9/14/2007 009242 FSH COMMUNICATIONS LLC 000147147 9/1/2007 MIS-(9/07) FSH PAYPHONE S' 91.92 91.92 Voucher: 200561 200562 9/14/2007 008755 FUSION 24901 9/5/2007 DBC-DAMAGE DEPOSIT REFI 200.00 200.00 Voucher: 200562 200563 9/14/2007 009928 GORDON THOMAS HONEYWE8012 8/31/2007 CM-AG#05-26 8/07 FEDERAL i 4,773.98 4,773.98 Voucher: 200563 200564 9/14/2007 004824 GOS PRINTING CORPORA TIOO-68450 9/5/2007 PS-CASE TRKING/MIRANDA \ 736.32 Voucher: 200564 0-68493 9/5/2007 PS-FORFEITURE/SEIZURE RI 59.71 796.03 Page: 5 apChkLst Final Check List Page: 6 09/14/2007 6:36:12AM CITY OF FEDERAL WAY Bank: bofa BANK OF AMERICA (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total / 200565 9/14/2007 002547 GRAINGER INC 9426671484 8/7/2007 PKM-HARNESS, LANYARD ,L1F 369.16 Voucher: 200565 9431839696 8/14/2007 PKM-HARNESS,LANY ARD,L1F 156.75 9136632278 8/20/2007 PKM-HARNESS,LANY ARD,L1F 154.97 9431839688 8/14/2007 PKM-HARNESS,LANY ARD,L1F 76.67 9443836300 8/29/2007 PS-SAFETY EYEWEAR 72.96 830.51 200566 9/14/2007 003831 GSR POLYGRAPH SERVICES 07-024 8/31/2007 PS-POL YGRAPH EXAMS 750.00 750.00 Voucher: 200566 200567 9/14/2007 008134 GUARDIAN SECURITY 995659 9/4/2007 CHB-REPAIR PANIC BUTTON 204.19 204.19 Voucher: 200567 200568 9/14/2007 000671 H D FOWLER COMPANY 12175179 8/21/2007 PKM-DEG DRIVE ASSY, TOR( 136.09 136.09 Voucher: 200568 200569 9/14/2007 010088 HARDIN & SONS. INC 4007 8/24/2007 CHB-AG07-121 AIR BALANCIt- 2,467.50 2,467.50 Voucher: 200569 200570 9/14/2007 003841 HEAD-QUARTERS PTS 17310 8/1/2007 PARKS-AG06-052 PORTABLE 518.00 Voucher: 200570 17526 9/1/2007 PARKS-AG06-052 PORTABLE 412.50 930.50 200571 9/14/2007 009174 HEERY INTERNATIONAL INC 75066 8/22/2007 PRCS-AG05-157 COMM. CNTI 13,198.64 13,198.64 Voucher: 200571 200572 9/14/2007 010371 HENSING, ANDREW HENSING 2007 8/24/2007 PS-BOOT ALLOWANCE HEN~ 100.00 100.00 Voucher: 200572 200573 9/14/2007 009802 HERITAGE ENTERPRISES 07-103487 REFl 8/22/2007 CD-07-103487 REFUND - CAN 111.60 111 .60 Voucher: 200573 200574 9/14/2007 004443 HERNANDEZ, JOHNNY HERNANDEZ 2C 8/30/2007 PS-SHOE ALLOWANCE J HEF 64.00 64.00 Voucher: 200574 200575 9/14/2007 001487 HEWLETT-PACKARD COMPAr42809467 8/21/2007 PHASE IV - RR - LAPTOPS- 5,846.84 Voucher: 200575 42833698 8/24/2007 PHASE IV - CD PROP 1 - PC- 2,695.28 52342937 4/13/2007 PS- TAX DUE ON INV 5234293 204.89 8,747.01 200576 9/14/2007 002477 HOME DEPOT -DEPT 32-25007 AUGUST 2007 8/28/2007 AUG 2007 HOME DEPOT 1,441.53 1,441.53 Voucher: 200576 200577 9/14/2007 009785 HOWARD, TODD 021 8/28/2007 CM-CONFLlCT DEFENDER S\ 250.00 Voucher: 200577 022 8/28/2007 CM-CONFLlCT DEFENDER S\ 250.00 500.00 200578 9/14/2007 010365 HUME, JOANNE 348854 8/21/2007 FWCC-REFUND FOR DROP II 22.87 22.87 Voucher: 200578 200579 9/14/2007 000966 INPRA-INTERNATIONAL NW FINPRA HIGGINS 9/5/2007 PKM-PARK TRAINING/HIGGIf', 140.00 140.00 Voucher: 200579 Page: 6 apChkLst Final Check List Page: 7 09/14/2007 6:36:12AM CITY OF FEDERAL WAY Bank: bofa BANK OF AMERICA (Continued) Check # Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 200580 9/14/2007 009079 J AND Y INVESTMENT LLC OCTOBER 2007 9/13/2007 MSF-AG05-126 WIFI SITE LE,ll 310.00 310.00 Voucher: 200580 200581 9/14/2007 005978 JACKSON, LAURIE JACKSON 2007 9/11/2007 PS-OS COMPSTAT '07 SMNR 140.00 140.00 Voucher: 200581 200582 9/14/2007 000718 JENNINGS EQUIPMENT INC 132000 8/21/2007 PKM-RECOIL/ST ARTER/INV#' 59.69 59.69 Voucher: 200582 200583 9/14/2007 009717 JET CITY LABEL 32017 8/29/2007 PS-THERMAL LABELS 191 .80 191.80 Voucher: 200583 200584 9/14/2007 005656 JIM'S DETAIL SHOP 12103F 6/27/2007 PS-FULL DETAIL 125.00 Voucher: 200584 13016F 8/27/2007 PS-EXTERIOR DETAIL 81.68 206.68 200585 9/14/2007 009765 JM BUSINESS ASSOCIATES 08/18/07 8/29/2007 PRCS-SUPER SITTERS CLAS 525.00 525.00 Voucher: 200585 200586 9/14/2007 010375 JOHNSTON, JAMIE J 03-57365 REFUI 9/5/2007 PS- TRAFFIC SCHL REFUND 115.00 115.00 Voucher: 200586 200587 9/14/2007 005934 K P TRANSLATION SERVICES08/19/07 8/19/2007 MC-INTERPRETER SVCS 168.95 Voucher: 200587 04/24/07 4/24/2007 MC-INTERPRETER SVCS 122.95 05/01/07 5/1/2007 MC-INTERPRETER SVCS 122.95 05/08/07 5/8/2007 MC-INTERPRETER SVCS 122.95 06/20/07 6/20/2007 MC-INTERPRETER SVCS 122.95 OS/22/07 5/22/2007 MC-INTERPRETER SVCS 122.95 06/15/07 6/15/2007 MC-INTERPRETER SVCS 122.95 06/18/07 6/18/2007 MC-INTERPRETER SVCS 122.95 06/19/07 6/19/2007 MC-INTERPRETER SVCS 122.95 07/03/07 7/3/2007 MC-INTERPRETER SVCS 122.95 07/06/07 7/6/2007 MC-INTERPRETER SVCS 122.95 07/31/07 7/31/2007 MC-INTERPRETER SVCS 122.95 08/14/07 8/14/2007 MC-INTERPRETER SVCS 122.95 08/28/07 8/28/2007 MC-INTERPRETER SVCS 122.95 1,767.30 200588 9/14/2007 002679 KANG, SAI C 07/17/07 7/17/2007 MC-INTERPRETER SVCS 122.50 Voucher: 200588 08/01/07 8/7/2007 MC-INTERPRETER SVCS 70.00 192.50 200589 9/14/2007 010348 KEJU, DIAL J 101507 8/21/2007 MC-INTERPRETER SVC 90.00 90.00 Voucher: 200589 Page: 7 apChkLst Final Check List Page: 8 09/14/2007 6:36:12AM CITY OF FEDERAL WAY Bank: bofa BANK OF AMERICA (Continued) Check # Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 200590 9/14/2007 000125 KING COUNTY FINANCE DIVI~1458159 8/16/2007 PWTR-(7/07)BSC SIGN/MRKN 32,096.29 Voucher: 200590 1458681 8/21/2007 AG03-161 :(9/07)-I-NET SVCS I 895.00 1458161 9/3/2007 PWTR-(7/07)BSC SIGN/MRKN 412.17 1457969 8/6/2007 PWST-7/07-ALGONA TS-SOLl 18.48 33,421.94 200591 9/14/2007 005568 KING COUNTY FLEET ADM DI'1458132 9/3/2007 PKM-FIRE LANE SIGNS & we 108.43 108.43 Voucher: 200591 200592 9/14/2007 004208 KING COUNTY PRINT & COPYW98052 9/4/2007 PS-SUPERFORMS 140.68 140.68 Voucher: 200592 200593 9/14/2007 000201 KINKO'S INC, ACCOUNT #0201515100002918 5/11/2007 MC-COPY/PRINTING SERVICI 411.64 Voucher: 200593 515100003322 8/23/2007 CMED-EVENTS CALENDAR 253.61 515100003357 8/30/2007 MSC-COUNCIL PACKETS 232.98 515100003368 9/4/2007 MC-COPY/PRINTING SERVICI 68.62 CLAIM 515100D 9/4/2007 MC-COPY/PRINTING SERVICI 63.00 1,029.85 200594 9/14/2007 005064 KOCH MAR, LINDA KOCHMAR 2007 9/13/2007 CC-8/07 CELL PHONE REIMB 21.20 21.20 Voucher: 200594 200595 9/14/2007 000096 LAKEHAVEN UTILITY DISTRIC822402 8/17/2007 PKM-7/07 UTILITIES 2,427.29 Voucher: 200595 899802 8/17/2007 PKM-7/07 UTILITIES 2,155.40 2814401 8/17/2007 PKM-7/07 UTILITIES 1,311.55 3033601 8/17/2007 PKM-7/07 UTILITIES 466.43 101 8/17/2007 PKM-7/07 UTILITIES 181.10 824102 8/17/2007 PKM-7/07 UTILITIES 114.09 1941803 8/10/2007 CHB-(MTH04) WTR/SWR SVC 101 .38 888103 8/17/2007 PKM-7/07 UTILITIES 94.83 888002 8/17/2007 PKM-7/07 UTILITIES 39.90 1946803 8/10/2007 CMED-7/07 WTR/SWR SVCS 20.38 896402 8/17/2007 PKM-7/07 UTILITIES 16.16 6,928.51 200596 9/14/2007 010164 LANDES, ANDREA LANDES 2007 8/30/2007 PRCS-DAYCAMP BBQ SUPPL 80.17 Voucher: 200596 LANDES 2007 8/29/2007 PRCS-DAYCAMP BBQ SUPPL 61.70 141.87 200597 9/14/2007 007545 LANE POWELL PC 3396015 8/8/2007 LAW-AG03-142A:(7/07) PSA C 3,575.00 3,575.00 Voucher: 200597 200598 9/14/2007 005076 LAW ENFORCEMENT TARGE-0090276-IN 8/30/2007 PS-TARGETS 98.23 98.23 Voucher: 200598 200599 9/14/2007 007658 LAW OFFICE OF DIANE ZUMV'09/05/07 PRO TI 9/5/2007 MC-9/5/07 PRO TEM SVC 162.50 162.50 Voucher: 200599 Page: 8 apChkLst 09/14/2007 6:36:12AM Final Check List CITY OF FEDERAL WAY Page: 9 Bank: bofa BANK OF AMERICA (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid 26,200.00 200600 9/14/2007 007050 LAW OFFICES OF HAL GEIER73 9/1/2007 LAW-AG02-125B: 9/07-PUBLlC Voucher: 200600 200601 9/14/2007 004052 LEED 08280707 Voucher: 200601 09040702 08250711 200602 9/14/2007 003157 LES SCHWAB TIRE CTRS OF '357683 Voucher: 200602 200603 9/14/2007 005339 LOWE'S HIW INC 01524 Voucher 200603 09318 01770 02782 11965 14807 14256 14382 01616 14292 10972 14494 02286 13542 15503 200604 9/14/2007 003055 MMCO AUTO PAINTING & BC497 Voucher: 200604 200605 9/14/2007 007439 MATTHEWS. ALFRED W AUGUST 2007 Voucher: 200605 200606 9/14/2007 010361 MCBREEN, DANA 348819 Voucher: 200606 200607 9/14/2007 006008 MCLOUGHLIN & EARDLEY C00066775-IN Voucher: 200607 200608 9/14/2007 005176 MERINO STRAWE, BETTY 08/28/07 Voucher 200608 200609 9/14/2007 009453 MINUTEMAN PRESS 12324 Voucher 200609 12305 12323 8/28/2007 PS-TACTICAL LIGHT 263.43 9/4/2007 PS-HOLSTERS 249.27 8/23/2007 PS-HOLSTER 144.78 8/22/2007 PKM-HYLEBOS MOWER TIRE 21.73 8/21/2007 PKM-SHINGLES 261.14 8/20/2007 PKM-SCRAPER. ADHESIVE 237.16 8/28/2007 PKM-MAINT/REPAIR SUPPLlE 162.70 8/1/2007 PKCP-UTILlTY PUMP, CLAMP 110.33 8/14/2007 PKCP-COPPER. YARD HYDRJ 108.33 8/22/2007 PS-CLOSET POLE & BRACKE 90.45 8/24/2007 SWR-DRUM LINERS 84.81 8/21/2007 PKM-TPR BLACK DAHLIA, BLJ 83.07 8/23/2007 FWCC-AC FIR EXTERIOR 77.54 8/30/2007 PKM-MAINT/REPAIR SUPPLlE 65.08 8/24/2007 FWCC-BATTERIES, WASHER 38.42 8/17/2007 PKM-DROP DRAW BAR 38.06 8/23/2007 PKCP-CONCRETE PATCHER. 33.51 8/31/2007 PWST-BRONZE WHEELED T< 25.01 8/30/2007 PWST-LATCHING TOTE 16.30 8/17/2007 PS-CLEAN GRAFFITI ON TRA 431.90 8/24/2007 LAW-8/07 HEX WRIGHT & LO' 150.00 8/21/2007 PRCS-REFUND PER JD 675.00 8/21/2007 PS-STROBE ASSY 556.20 8/28/2007 MC-INTERPRETER SVCS 157.50 8/24/2007 PKKFT -PROGRAMS 228.48 8/21/2007 CDHS -POSTCARDS 40.26 8/24/2007 PKKFT-TJ POSTERS 16.53 Check Total 26,200.00 657.48 21.73 1,431.91 431.90 150.00 675.00 556.20 157.50 285.27 Page: 9 apChkLst 09/14/2007 6:36:12AM Final Check List CITY OF FEDERAL WAY Page: 10 Bank: bofa BANK OF AMERICA (Continued) Check # Date Vendor Invoice 07-100650 REFl 8/24/2007 CD-07-100650 REFUND - CAN 200610 9/14/2007 010372 MORRIS, DAVID Voucher: 200610 200611 9/14/2007 004419 MUSCO SPORTS LIGHTING Ll161368 Voucher: 200611 200612 9/14/2007 008500 NATIONAL CONSTRUCTION F<RI-1960714 Voucher: 200612 200613 9/14/2007 010369 NELSON, GREGORY N Voucher: 200613 200614 9/14/2007 000043 NEW LUMBER & HARDWARE 216740 Voucher: 200614 216629 217262 214386 216965 217139 216532 216854 216552 212882 216306 216681 216830 217163 217193 216420 216240 216181 216374 216794 217033 NORMAN 2007 200615 9/14/2007 Voucher: 200616 9/14/2007 Voucher: 200617 9/14/2007 Voucher: Inv Date Descriotion 8/27/2007 PKM-LAMP W/PAINTED ARC 8/17/2007 CD-PANEL RENTALS 03-57316 REFUI 9/13/2007 PS-TRAFFIC SCHL REFUND 003584 NORMAN, CHRISTOPHER 200615 001391 NORTH COAST ELECTRIC COS1685632.001 200616 003736 NORTHWEST TOWING INC 402141 200617 402136 8/22/2007 8/20/2007 9/4/2007 6/27/2007 8/27/2007 8/30/2007 8/16/2007 8/24/2007 8/17/2007 5/23/2007 8/13/2007 8/21/2007 8/23/2007 8/31/2007 8/31/2007 8/14/2007 8/10/2007 8/9/2007 8/14/2007 8/23/2007 8/28/2007 8/29/2007 PKM-SUPPLlES PKM-SUPPLlES PKM-SUPPLlES PWST-LUMBER MIS-WIFI SUPPLIES FWCC-SWITCH/KNIFE/MISC I PKM-SUPPLlES PKM-SUPPLlES PWST-THERMAL GLOVES PWST-PVC SLIP CAPS SMW-SPREADER PWST-NUTS/BOL TS/CHAINS PKM-SUPPLlES PWST-SAFETY GLASSES PWST-SAFETY GLASSES PKM-SUPPLlES PKM-SUPPLlES SWM-ADAPTER/BUSHING SE PWST-MISC NUTS/BOLTS PWST -SUPPLIES PKM-SUPPLlES PS-SIU EXPEDITION FUEL 8/21/2007 PKM-600V RKS TD FUSES/IN\ 8/2/2007 PS-TOWING SVC 8/16/2007 PS-TOWING SVC Amount Paid 74.00 1,878.53 62.20 115.00 234.66 63.49 55.76 46.99 42.87 35.84 27.87 26.07 23.48 22.76 19.58 16.72 13.68 9.79 9.79 8.81 7.25 2.97 1.95 1.95 1.44 50.00 84.07 335.41 209.63 Check Total 74.00 1,878.53 62.20 115.00 673.72 50.00 84.07 545.04 Page: 10 apChkLst 09/14/2007 6:36:12AM Final Check List CITY OF FEDERAL WAY Page: 11 Bank: bofa BANK OF AMERICA (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid 200618 9/14/2007 009554 NWGIA , WALKER REGI~ 9/10/2007 PS-OS NWGIA FALL CONF. V\ 225.00 Voucher: 200618 200619 9/14/2007 003529 OCCUPATIONAL HEALTH SEF1844-112 8/29/2007 PS-PRE-EMPL PHYSICAL EXJ 140.00 Voucher: 200619 200620 9/14/2007 000007 OFFICEMAX CONTRACT INC AUGUST 2007 8/31/2007 AUG 2007 OFFICE MAX PURe 137.61 Voucher: 200620 200621 9/14/2007 009341 OMNI LANDSCAPE SERVICES36170 9/1/2007 PRCS-AG05-82 9/07 LANDSC 3,603.51 Voucher: 200621 200622 9/14/2007 007444 ORCA PACIFIC INC 030487 8/28/2007 PRCS-AG07-023 POOL MAINl 509.51 Voucher: 200622 030261 8/16/2007 PRCS-AG07-023 POOL MAINl 397.85 030411 8/23/2007 PRCS-AG07-023 POOL MAINl 254.99 200623 9/14/2007 000504 ORIENTAL GARDEN CENTER 343865 8/16/2007 PWST-STIHL HELMET SYSTE 97.91 Voucher: 200623 343979 8/21/2007 SWM-STIHL REWIND ASSY 67.31 344126 8/28/2007 PKM-STIHL CHAIN 46.59 343802 8/14/2007 SWM HONDA 3# 105 LINE 42.61 344112 8/28/2007 PKM-PROMA TIC HEAD 33.31 200624 9/14/2007 005741 OUTCOMES BY LEVY AUGUST 2007 8/31/2007 AG03-191 :(8/07)LOBBYIST SV 4,500.18 Voucher: 200624 200625 9/14/2007 008383 PACIFIC FIRE & SECURITY 15889 8/30/2007 DBC-ANNUAL FIRE ALARM IN 735.08 Voucher: 200625 200626 9/14/2007 000315 PACIFIC NORTHWEST TITLE 1658464 8/16/2007 PWST-TITLE SERVICE 490.05 Voucher: 200626 200627 9/14/2007 010354 PALERMO, PHILIP 08252007 8/25/2007 CM - CITY NEWSLETTER RE[ 140.00 Voucher: 200627 200628 9/14/2007 001814 PARAMETRIX INC 09-31115 8/6/2007 SWM-AG06-152 REZONE SUF 9,052.83 Voucher: 200628 03-47655 8/15/2007 PWST-AG05-182 S 348TH HO 1,555.05 200629 9/14/2007 009917 PETTY CASH - K9 KARNIVAL SEPT. 14,2007 9/10/2007 PRCS-K9 KARNIVAL CHANGE 250.00 Voucher: 200629 200630 9/14/2007 010265 PETTY CASH - WITNESS FUN AUGUST 30, 201 8/30/2007 MC-REPLENISH JURY FUND 728.18 Voucher: 200630 200631 9/14/2007 002557 PETTY CASH FUND-PARKS MSEPT 14, 2007 9/11/2007 PKM-INCREASE PETTY CAS!- 100.00 Voucher: 200631 200632 9/14/2007 006241 PETTY CASH-POLICE DEPT SEPT 14, 2007 9/11/2007 PS-INCREASE PETTY CASH F 350.00 Voucher: 200632 Check Total 225.00 140.00 137.61 3,603.51 1,162.35 287.73 4,500.18 735.08 490.05 140.00 10,607.88 250.00 728.18 100.00 350.00 Page: 11 apChkLst 09/14/2007 6:36:12AM Final Check List CITY OF FEDERAL WAY Page: 12 Bank: bofa BANK OF AMERICA (Continued) Check # Date Vendor Invoice 200633 9/14/2007 005977 PHSI PURE WATER FINANCE 986172 Voucher: 200633 200634 9/14/2007 005941 PIONEER MANUFACTURING CINV269695 Voucher: 200634 200635 9/14/2007 010364 PISTILLI, JOHN Voucher: 200635 200636 9/14/2007 003990 PIVETTA BROS CONSTRUCTIAG07-098 8/31/2007 SWM-AG07-098 26TH AVE ST Voucher: 200636 AG07-136 #1 8/31/2007 SWM-AG07-136 S 308TH MO[ 200637 9/14/2007 005529 PLATTER, THOMAS ANTHON~09/06/07 PRO TI 9/7/2007 MC-9/6/07 PRO TEM SVC Voucher: 200637 200638 9/14/2007 003586 POINTS OF LIGHT FOUNDATI157-573-57-4566- 9/4/2007 PS-RENEW B. OWEN MEMBE Voucher: 200638 200639 9/14/2007 005583 PRAXAIR DISTRIBUTION INC 26911920 Voucher: 200639 200640 9/14/2007 009363 PRO-TOW MAPLE VALLEY 94934 Voucher: 200640 200641 9/14/2007 000051 PUGET SOUND ENERGY INC PWTR 200708 Voucher: 200641 004-919-1000 353-789-4499 0222 348817 Inv Date Description 8/7/2007 8/20/2007 PS-WATER SYSTEM SERVICI PKM-FIELD MARKING PAINT/! 8/21/2007 PRCS-REFUND PER JD 8/20/2007 PKM-WELDING SUPPLlES/IN\ 8/22/2007 PS-TOWING SVCS 8/31/2007 8/16/2007 8/30/2007 9/3/2007 200642 9/14/2007 008701 PUGET SOUND SERVICES Vouche~ 200642 200643 9/14/2007 006394 QUADRANT CORPORATION 02-59818 REFUI 9/5/2007 Voucher: 200643 200644 9/14/2007 009828 QUANTICO ARMS & TACTICAl2163 Voucher: 200644 200645 9/14/2007 007837 QUARTERMASTER Voucher: 200645 200646 9/14/2007 000202 QWEST Voucher: 200646 200647 9/14/2007 010373 R & S CONSTRUCTION Voucher: 200647 200648 9/14/2007 009907 RC GRAPHICS Voucher: 200648 200649 9/14/2007 008671 REARDON, TARRA Voucher: 200649 PWTR-(200708) PSE ELECTR SWM-8/07 ELECT B02491979~ MIS-8/07 WIFI PSE ROUTERS CHB-JANITORIAL 9/07 MTH T' PW-REFUND RES. SOUTH BC P625736801018 8/9/2007 8/21/2007 PS-DT LAUNCHER 40 MM RIF PS-VELCRO UNDERBEL TS 253-942-7800 4~ 8/25/2007 MSTEL-(9/07) PHONE/DATA S 02-73556 REFUI 9/6/2007 MSF-REFUND DUPLICATE BL 717 8/23/2007 PS-SPEED WATCH TRAILER. 715 8/15/2007 PS-"OUT OF SERVICE" SIGN REARDON 2007 8/30/2007 PRCS-3/07-6/07 MILEAGE REI Amount Paid 1,176.12 44.00 675.00 107,898.88 88,015.45 400.00 120.00 11.78 167.09 9,128.70 179.19 20.72 5,000.00 34,738.24 4,947.33 59.37 29.97 75.00 293.76 272.00 71.30 Check Total 1,176.12 44.00 675.00 195,914.33 400.00 120.00 11.78 167.09 9,328.61 5,000.00 34,738.24 4,947.33 59.37 29.97 75.00 565.76 71.30 Page: 12 apChkLst Final Check List Page: 13 09/14/2007 6:36:12AM CITY OF FEDERAL WAY Bank: bofa BANK OF AMERICA (Continued) Check # Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 200650 9/14/2007 010359 REDEMANN, DAVID #8011-1 REGISl 9/10/2007 PS-UNDERCOVER OPS TRNC 2,000.00 2,000.00 Voucher: 200650 200651 9/14/2007 006873 REGENCY CLEANERS JUL Y 2007 7/31/2007 PS-REGENCY CLEANER SVC 948.25 948.25 Voucher: 200651 200652 9/14/2007 009981 ROCK RIVER ARMS, INC 133687 8/22/2007 PS-PISTOL 925.00 925.00 Voucher: 200652 200653 9/14/2007 003429 ROE,CARY ROE 2007 9/5/2007 CM-ALL STAFF PICNIC 539.18 539.18 Voucher: 200653 200654 9/14/2007 009297 ROTH HILL ENGINEERING PA88444 8/14/2007 SWM-AG05-194STORMW ATE 232.27 232.27 Voucher: 200654 200655 9/14/2007 000503 ROYAL REPROGRAPHICS 0538919-IN 8/22/2007 CD-PRINTING SVC 127.4 7 127.4 7 Voucher: 200655 200656 9/14/2007 006657 S C I INFRASTRUCTURE LLC AG07-065 #4 8/25/2007 PWST-AG07-065 PAC HWY S 983,365.68 983,365.68 Voucher: 200656 200657 9/14/2007 005508 SAFAROVA-DOWNEY, ALMIRJ08/28/07 8/28/2007 MC-INTERPRETER SVCS 80.00 Voucher: 200657 09/04/07 9/4/2007 MC-INTERPRETER SVCS 80.00 160.00 200658 9/14/2007 004849 SAMS SANITARY & MAINTEN.l128241 8/22/2007 CHB-JANITORIAL SUPPLIES 576.08 Voucher: 200658 128214 8/20/2007 PKCP-JANITORIAL SUPPLIES 402.95 128177 8/16/2007 PKM-JANITORIAL SUPPLIES 359.44 128242 8/22/2007 PKSTLK-JANITORIAL SUPPLlI 246.43 128200 8/18/2007 PKM-JANITORIAL SUPPLIES 141 .70 128251 8/22/2007 PKM-JANITORIAL SUPPLIES 84.94 1,811.54 200659 9/14/2007 003174 SAN DIEGO POLICE EQUIPME580090 8/16/2007 PS-ARMORY STOCK 4,835.16 4,835.16 Voucher: 200659 200660 9/14/2007 007846 SBI DEVELOPMENT 02-59178 REFUI 9/7/2007 PW-SBI DEV BOND REFUND 20,000.00 20,000.00 Voucher: 200660 200661 9/14/2007 001480 SHERWIN-WILLIAMS CO 2327 -6 8/24/2007 PKM-HYLEBOS CARETAKER 128.34 Voucher: 200661 2913-0 8/29/2007 PKM-HYLEBOS CARETAKER 128.34 2969-2 8/30/2007 FWCC-PAINT AND PAINT SUF 19.99 276.67 200662 9/14/2007 002501 SHOPE CONCRETE PRODUC"152795 8/16/2007 PKM-CATCH BASIN FRAME/C 149.60 149.60 Voucher: 200662 200663 9/14/2007 008610 SIEMENS BUILDING TECHNOl5440489659 8/28/2007 PKM-SENSOR DUCTS/INV#54 444.19 444.19 Voucher: 200663 200664 9/14/2007 000821 SITELlNES PARK & PLAYGR09924 8/31/2007 PKM-PICNIC TABLE END CAP 229.23 229.23 Voucher: 200664 Page: 13 apChkLst Final Check List Page: 14 09/14/2007 6:36:12AM CITY OF FEDERAL WAY Bank: bofa BANK OF AMERICA (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 200665 9/14/2007 001014 SKCSRA-SOCCER REFEREES08/21/07 8/21/2007 PKRLS-SOCCER REFEREE SI 1,875.00 1,875.00 Voucher: 200665 200666 9/14/2007 000723 SOUND RESOURCE MGMT GIFWA-042 8/31/2007 SWR-AG06-012 SOLID WASTI 958.52 958.52 Voucher: 200666 200667 9/14/2007 000285 SOUTH KING FIRE & RESCUE CPR TRNG JUL 9/13/2007 PS-CPR TRAINING - 81 STUD 1,002.50 1,002.50 Voucher: 200667 200668 9/14/2007 004910 SPACESAVER NORTHWEST 505008 8/6/2007 CD-LASER PRINT COLOR-CO 157.04 157.04 Voucher: 200668 200669 9/14/2007 001885 SPARKS CAR CARE 20770 8/29/2007 PS-BRAKES, OIL LUBE FIL TEl 675.02 Voucher: 200669 20787 9/4/2007 PS-FRONT WHEEL, OIL LUBE 256.20 20792 9/4/2007 PS-AUTO REPAIR/MAl NT 114.35 20762 8/28/2007 PS-OIL LUBE FILTER WIPER I 67.31 20721 8/22/2007 PS-AUTO REPAIR/MAINT 67.31 20772 8/29/2007 PS-OIL LUBE FILTER WIPER I 66.78 20789 9/4/2007 PS-OIL LUBE FILTER LIGHT B 49.18 20745 8/27/2007 PS-AUTO REPAIR/MAINT 31.63 20746 8/27/2007 PS-AUTO REPAIR/MAl NT 31.63 20760 8/28/2007 PS-AUTO REPAIR/MAl NT 31.63 20748 8/27/2007 PS-AUTO REPAIR/MAl NT 30.16 20771 8/29/2007 PS-AUTO REPAIR/MAl NT 30.16 20653 8/9/2007 PS-AUTO REPAIR/MAl NT 27.23 20714 8/21/2007 PS-AUTO REPAIR/MAl NT 27.23 20788 9/4/2007 PS-AUTO REPAIR/MAl NT 27.23 1,533.05 200670 9/14/2007 004701 SPRINT 400102318-069 8/28/2007 MSTEL-(8/07) CELLULAR AIR- 3,917.65 3,917.65 Voucher: 200670 200671 9/14/2007 008444 SQUAD-FITTERS INC 0150631-IN 6/27/2007 PS-CHIPPEWA BOOTS 220.95 220.95 Voucher: 200671 200672 9/14/2007 009566 STAPLES BUSINESS ADVANTAUGUST 2007 9/1/2007 8/07 STAPLES OFFICE SUPPL 303.89 303.89 Voucher: 200672 200673 9/14/2007 010197 STERLING SAVINGS BANK AG07 -098 #3 8/31/2007 SWM-AG07-098 26TH AVE ST 5,678.89 5,678.89 Voucher: 200673 200674 9/14/2007 010268 STERLING SAVINGS BANK AG07-136 8/31/2007 SWM-AG07-136 S 308TH MO[ 4,235.59 4,235.59 Voucher: 200674 200675 9/14/2007 006414 SUMNER VETERINARY HOSPI461457 7/30/2007 PS-K9 BOARDING ROSCOE 112.92 112.92 Voucher: 200675 Page: 14 apChkLst Final Check List Page: 15 09/14/2007 6:36:12AM CITY OF FEDERAL WAY Bank: bofa BANK OF AMERICA (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 200676 9/14/2007 007710 SUPERIOR LINEN SERVICE 631780 9/4/2007 DBC-L1NEN SERVICE 131 .28 Voucher: 200676 631502 8/24/2007 DBC-L1NEN SERVICE 93.27 595858 8/28/2007 DBC-L1NEN SERVICE 19.07 597794 9/4/2007 DBC-L1NEN SERVICE 17.42 261.04 200677 9/14/2007 010367 SWANK MOTION PICTURES, IRG 1107411 8/3/2007 PRCS-HAPPIL Y N'EVER AFTE 294.85 Voucher: 200677 RG 1112274 8/20/2007 PRCS-CHARLOTTE'S WEB Ml 294.85 589.70 200678 9/14/2007 007990 SYMBOLARTS LLC 0077581-IN 8/20/2007 PS-BADGES 57.50 Voucher: 200678 0077771-IN 8/23/2007 PS-BADGES 57.50 115.00 200679 9/14/2007 000588 TACOMA PUBLIC UTILITIES 100048250 8/23/2007 PKDBC/KFT-8/07 PUBLIC UTIl 1,202.28 Voucher: 200679 100255396 8/29/2007 PKF-8/07-WATER PALISADES 1,036.41 2,238.69 200680 9/14/2007 008470 TACTICAL DESIGN LABS 5170 8/27/2007 PS-GLOCK HOLSTER 117.50 117.50 Voucher: 200680 200681 9/14/2007 001187 TECHNOLOGY EXPRESS 151284 8/28/2007 WIFI - AXIS 206 SURVEILLANI 1,110.78 1,110.78 Voucher: 200681 200682 9/14/2007 009146 THE LANGUAGE CONNECTIO 158732 8/29/2007 MC-INTERPRETER SVC 50.00 50.00 Voucher: 200682 200683 9/14/2007 003088 THE PART WORKS INC 213510 8/8/2007 PKM-TIP TAP HANDLE ASSE~ 221.68 Voucher: 200683 214499 8/22/2007 PKM-TIP TAP HANDLE ASSE~ 150.15 371.83 200684 9/14/2007 007609 TRI DIM FILTER CORP 700030-1 8/21/2007 FWCC-FIL TERS 669.99 669.99 Voucher: 200684 200685 9/14/2007 008902 TRI-CITY MEATS 207552 9/6/2007 PKDBC-MEAT FOR CATERIN( 355.18 355.18 Voucher: 200685 200686 9/14/2007 009185 TRIV AN TRUCK BODY LLC 2809 8/17/2007 PS-TRANSPORT VAN INSULA 1,349.58 1,349.58 Voucher: 200686 200687 9/14/2007 002426 UNITED GROCERS CASH & C/104861 8/23/2007 DBC-CATERING SUPPLIES 211.91 Voucher: 200687 105652 8/26/2007 DBC-CATERING SUPPLIES 74.23 105240 8/24/2007 DBC-CATERING SUPPLIES 60.96 105877 8/27/2007 PRCS-SPECIAL OLYMPICS S( 38.89 100139 4/5/2007 FWCC-BATTERIES 36.22 105088 8/24/2007 DBC-CATERING SUPPLIES 29.49 107234 9/10/2007 DBC-CATERING SUPPLIES 25.14 106818 8/31/2007 DBC-CATERING SUPPLIES 22.25 107322 9/2/2007 DBC-CATERING SUPPLIES 19.21 105241 8/24/2007 DBC-CATERING SUPPLIES 6.66 524.96 Page: 15 apChkLst Final Check List Page: 16 09/14/2007 6:36:12AM CITY OF FEDERAL WAY Bank: bofa BANK OF AMERICA (Continued) Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 200688 9/14/2007 003837 UNITED PARCEL SERVICE 0000F80F48337 8/18/2007 MIS-DELIVERY SERVICE 122.15 122.15 Voucher: 200688 200689 9/14/2007 000769 UNITED PIPE & SUPPLY CO 1~7615269 8/21/2007 PKM-IRRIGATION SUPPLIES/I 273.63 Voucher: 200689 7620745 8/24/2007 PKM-IRRIGATION SUPPLIES/I 33.65 307.28 200690 9/14/2007 005019 UNITED RENTALS NORTHWE67470228-001 8/14/2007 SWM-COMPRESSOR,CHISEL 224.45 Voucher: 200690 67858303-001 8/28/2007 PKM-RAMMER RENTAL/INV#( 71.13 295.58 200691 9/14/2007 001805 VADIS NORTHWEST 15614 8/31/2007 SWR-AG07-016 LITTER CONl 4,136.00 4,136.00 Voucher: 200691 200692 9/14/2007 003563 VALLEY COMMUNICATIONS COO06603 8/25/2007 PS-(8/07)EMER DISPATCH S\J 930.00 Voucher: 200692 0006607 8/25/2007 PS-(7/07)EMER DISPATCH S\J 95.70 1,025.70 200693 9/14/2007 001124 VERIZON WIRELESS 0578829363 8/13/2007 MSTEL-(8/07)-CELL AIR TIME 65.59 65.59 Voucher: 200693 200694 9/14/2007 010316 VMIINC 196568 9/4/2007 GAC - LEIGHTRONIX NEXUS 7,362.73 7,362.73 Voucher: 200694 200695 9/14/2007 003528 WA STATE CRIMINAL JUSTIC12009-0043 8/22/2007 PS-BASIC BAC 0141-1 50.00 50.00 Voucher: 200695 200696 9/14/2007 004258 WA STATE DEPT OF L1CENSIIAUGUST 2007 9/13/2007 PS-REMIT CPL FEES 2,073.00 2,073.00 Voucher: 200696 200697 9/14/2007 000340 WA STATE INFORMATION SEI2007080202 8/31/2007 MSTEL-(8/07) SCAN SERVICE 1,159.39 1,159.39 Voucher: 200697 200698 9/14/2007 000061 WA STATE REVENUE DEPAR"601 223538 9/12/2007 MSF-SALES/USE TAX AUDIT' 11,507.00 11,507.00 Voucher: 200698 200699 9/14/2007 006853 WAHl, PRAN 08/28/07 8/28/2007 MC-INTERPRETER SVCS 120.00 120.00 Voucher: 200699 200700 9/14/2007 006007 WALKER ACE HARDWARE 003314 8/31/2007 PKKFT-PAINT AND PAINT SUI 65.27 Voucher: 200700 003297 8/23/2007 PKM-ADHESIVE COVE BASE 15.20 80.47 200701 9/14/2007 010162 WASHINGTON FENCING ACAISUMMER 2007 8/29/2007 PRCS-SUMMER 2007 FENCIN 540.75 540.75 Voucher: 200701 200702 9/14/2007 000783 WASTE MANAGEMENT 0087359-1055-9 9/1/2007 PWSWR-8/07 LITTER DISPOE 356.57 356.57 Voucher: 200702 200703 9/14/2007 010370 WATERMAN, WINSON WATERMAN 2018/24/2007 PS-SHOW ALLOWANCE - wlr 70.77 70.77 Voucher: 200703 200704 9/14/2007 003444 WEST CAMPUS CLEANERS AUGUST 2007 8/31/2007 PS-AG07-135 8/07 DRY CLEAr 1,009.67 1,009.67 Voucher: 200704 Page: 16 apChkLst 09/14/2007 6:36:12AM Final Check List CITY OF FEDERAL WAY Page: 17 Bank: bofa BANK OF AMERICA (Continued) Check # Date Vendor Invoice 52611 WILSON 2007 200712 9/14/2007 010363 Voucher 200712 8073793 9/4/2007 009467 US BANK Voucher: 8073793 8074759 9/4/2007 009507 US BANK Voucher: 8074759 YI, SEUNG Inv Date Description 8/23/2007 PS-COMMUNITY FEEDBK BRI 8/29/2007 PKM-WORKWEAR/GEHRING 8/27/2007 PWST-LANDSCAPE MAl NT 8/31/2007 PS-FIRING RANGE FEE SVC~ 8/27/2007 PS-ACT-POLlCE MTG 8/14/2007 8/28/2007 8/21/2007 8/21/2007 8/21/2007 8/27/2007 PRCS-CPR, FIRST AID TRNG SWM-GENERAL CONTRACTC SWM-GENERAL CONTRACTC SWM-GENERAL CONTRACTC FWCC-SWIM PASS REFUND FWCC-REFUND SWIM PASS AUG20070NECARDPURCH AUGUST 2007 8/27/2007 AUG 2007 VISA ONE CARD PI 200705 9/14/2007 002038 WEST COAST BUSINESS GRn0383 Voucher 200705 200706 9/14/2007 010057 WHISTLE WORKWEAR Voucher: 200706 200707 9/14/2007 002204 WILBUR-ELLIS COMPANY 2566932 Voucher: 200707 200708 9/14/2007 005680 WILD WEST INTERNATIONAL 4908 Voucher: 200708 200709 9/14/2007 003380 WILSON, BRIAN Voucher: 200709 200710 9/14/2007 009925 WOJCIECHOWSKI, STEPHEN AUGUST 26,2018/29/2007 Voucher 200710 200711 9/14/2007 000660 WOODWORTH & COMPANY 11175977 Voucher: 200711 176609 176254 348810 348811 AUGUST 2007 Amount Paid 346.41 518.89 48.42 249.69 56.36 66.50 181.91 64.63 61.64 40.00 10.00 15,893.80 11,492.23 Sub total for BANK OF AMERICA: Check Total 346.41 518.89 48.42 249.69 56.36 66.50 308.18 50.00 15,893.80 11,492.23 1,696,712.24 Page: 17 apChkLst 09/14/2007 6:36:12AM Final Check List CITY OF FEDERAL WAY Page: 18 210 checks in this report. Grand Total All Checks: 1,696,712.24 Page: 18 a> ..- Q) ~ 0.. ~ ~ 3~ ~u.1 Cl>~ Bu.. "iGu.. cO u:.'>- '.: (,.) ~ ro '0 N .D ~ ~ Cl> "0 ;;, 0 (.) (i) ~ ~ '0 c c: <G 0 ~ & to S J: ';a: (,.)~ ~~ City of Federal Way Claims Paid Via Wire Transfer Description Date Vendor NWCH Investment properties Row Acquisition Claret Row ACQuisition 9/6/2007 Pacific Northwest Title 9/10/2007 Pacific Northwest Title Total Amount Paid 75.312.16 16,290.25 91.602.~ $ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITElVI #: ~ ., Sd. III COUNCIL MEETING DATE: October t: 2007 SUBJECT: ADOPTION OF 2006 INTERNATIONAL BUILDING CODES POLICY QUESTION: Should the Federal Way City Code (FWCC) be updated to reflect the state's adoption of the 2006 International Building Codes and 2006 Uniform Plumbing Code, and should the FWCC also be updated by incorporating the 2006 International Fire Code from Chapter 8 into Chapter 5? COMMITTEE: Land Useffransportation Committee MEETING DATE: September 10,2007 CATEGORY: D Consent D City Council Business [S] Ordinance D Resolution D D Public Hearing Other ~!~I!'.~...~.~.~2.~!.~.X.:_~~i~!:!~!lg..Qf.fi.~.~.~~m~.~.~....~.~iley. DEPT: Community Development The City is required by our articles of incorporation to adopt and enforce the currently adopted state building code. The proposed changes are to update the Federal Way City Code (FWCC) to the current state code adoption of the 2006 International Building Codes and 2006 Un~(()rm Plumhing Code as amended by the state, and to incorporate the 2006 International Fire Code into FWCC Chapter 5 by moving it from Chapter 8_ Attachments: I) Staff memo and 2) Proposed Ordinance with Attachment A (FWCC Chapter 5) and Attachment B (FWCC Chapter 8). Options Considered: I) Adopt the proposed ordinance with updates to the FWCC as presented by staff; 2) Adopt the recommended updates with modifications; 3) Do not adopt the recommended updates_ STAFF RECOMMENDATION: Staff recommends approval of Option #1, adopt the proposed ordinance with updates to the FWCC as presented by staff CITY MANAGER ApPROVAL: \ ~~lln~ DIRECTOR ApPROVAL: ~ Committee ~ Council COMMITTEE RECOMMENDATION: Approve Option #j and forward the ordinance for first reading to the full Council on October 2, 2007. as .. {u11t>ncLt tl lq C),1. 5, It-rile Ie []L j -Se(.. s-tr1 I krni'.4lfi iYlt'4Cfs I seci7tyn I?J3/3, 2. ( +0 f"rJ..JStv-rtle./ II1-!-en'try' ('uYl&Le..I'f{vu'Siwltt {h-fI1 J)5.coo -10 Ji,2(),()[JO. Jack Dovey Chair Dean McColgan Linda Kochmar PROPOSED COUNCIL MOTION: "I move approval of the LUTe's recommendation to adopt the ordinance with updates to the FWCC. " as am.entiLd {ihC\lC ' (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) '(~liNCIL ACTION: ~ J..acj APPROVED o DENIED . o TABLEOIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 1.\DOCUMENT\2007 Building Code Change\Agenda Bill doc COliNClL BILL # I ST reading Enactment reading ORDINANCE It RESOLliTION It / tJ l?.!o '7 I mvo' A Federal Way Department of Community Development Services 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 253-835-2601 - Fax: 253-835-2609 www.citvoffederalwaY&.ol1.l MEMORANDUM DA TE: September 4, 2007 TO: Jack Dovey, Chair Land Userrransportation Committee FROM: R. Lee Bailey, Building Official VIA: Neel Beets, City Manager MEETING DATE: September 10,2007 SUBJECT: Local Adoption of State Building Code BACKGROUND The City is required by our articles of incorporation to adopt and enforce the currently adopted state building code. Generally, no action is required by the local jurisdiction to adopt the state codes unless certain local amendments are desired. This year's adoption of the 2006 International Building Codes and 2006 Uniform Plumbing Code incorporates several amendments to the international codes. Additionally, the state does not adopt codes pertaining to local code enforcement and other administrative concerns. The proposed ordinance provides adoption language (specifics in ordinance Attachment A, Chapter 5 and Attachment B, Chapter 8) to update the current Federal Way City Code (FWCC) to be consistent with the adoption of the 2006 international codes. SUMMARY OF CHANGES TO FWCC CHAPTERS 5 AND 8 Proposed changes are to update the FWCC to current state code adoption of the 2006 International Building Codes and 2006 Uniform Plumbing Code as amended by the state. Local changes include the incorporation of the International Fire Code (IFC) into Chapter 5 and its removal from Chapter 8. Some previous amendments to the adopted codes were modified and in some cases removed. These changes may have been brought about by changes in the new codes which no longer required amending, or a slight change in philosophy, and deal with administration issues only. There were several amendments throughout the body of codes dealing with enforcement which bring the penalty and appeal process into line with the city's policies and will assist the Code Compliance Officers and Law Department with having clear authority to enforce property and maintenance violations. In moving the IFC to Chapter 5, one section, besides administrative, was amended. The requirement for sprinklers in new buildings was reduced from 10,000 to 5,000 square feet. This change was made to make the city's sprinkler policy more consistent with other cities in South King County. This will affect new construction and large remodels where a change of use occurred. The developer can expect an approximate cost increase of $3.50 per foot for the di fference in square footage. The five-story wood frame section has been amended to read five story Type V A. This will allow more versatility in design and construction of this innovative process. Also, this section has been updated to remove all reference to the Uniform Building Code. ; The staff recommends adoption of International Property Maintenance Code (IPMC) Section 302.4, which the city has chosen to delete in the past. The code has been amended to include a weed height of nine inches in height on developed property and 24 inches in height on vacant land. The proposed changes to the code are attached to the proposed ordnance as Attachment A, Chapter 5 and Attachment B, Chapter 8. Proposed additions are shown as underline and proposed deletions as striketm-ough. In those sections dealing with amendments to the international codes (i.e. FWCC Section 5- 67) some items are shown as double strik3tknHlgh, or underline and striketm-ough, and/or double underline because: 1) the item was not part of the original FWCC and is included for informational purposes (double striklltRrl'Htgk), or 2) the item is new to the FWCC and the staff is proposing changes to the international code language (underline and striketm-ough, double underline, and/or double 8tI'ihtRr~Ngk). I:\DOCUMENT\2007 Building Code Change\building code memo.doc LUTC Memorandum September 10, 2007, Meeting Date Local Adoption of State Building Code Page 2 ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 5 AND CHAPTER 8 OF THE FEDERAL WAY CITY CODE AND ADOPTING THE 2006 INTERNATIONAL CODES AND THE 2006 UNIFORM PLUMBING CODE (AMENDING ORDINANCES NOS. 90-33,92-143,95-234,98-320,01-402, AND 04-465) WHEREAS, the City of Federal Way is required to adopt the State of Washington International Codes and the Uniform Plumbing Code as amended by the State Building Code Council pursuant to RCW 19.27.031; and WHEREAS, the State Building Code Council has mandated that the International Codes and the Uniform Plumbing Code become effective on July 1, 2007; and WHEREAS, the City has determined that it is necessary to protect the public heath, safety and welfare by adopting the 2006 International Codes and the 2006 Uniform Plumbing Code as published by the International Code Conference (ICC) and International Association of Plumbing and Mechanical Officials (IAPMO) respectively; and WHEREAS, the City of Federal Way has considered a proposed change to the Federal Way City Code (FWCC) relating to the Building Code (Proposal); and WHEREAS, the Land Use and Transportation Committee of the City Council considered the Proposal on September 10, 2007, and moved to forward the proposed Building Code amendment to Chapter 5 and Chapter 8 of the Federal Way City Code to the full City Council; Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section I. Chapter 5 and Chapter 8 of the Federal Way City Code are amended to read as set forth to this ordinance as Attachment A and Attachment B. Section 2. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto. Ord. No. 07- , Page I Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall be effective five days after its passage, approval and publication as provided by law. PASSED by the City Council of the City of Federal Way this ,200_ day of CITY OF FEDERAL WAY Mayor, Michael Park ATTEST: City Clerk, Laura Hathaway ApPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CiTY CLERIC PASSED BY THE CiTY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: I\DOCUMENT\2007 Building Code Change\~006 Building Codes Adoption Ordinance.doc Ord. No. 07- , Page 2 Federal Way City Code ATTACHMENT A Chapter 5 BUILDINGS AND BUILDING REGULATIONS Articles: I. In General II. Administration III. Building Construction Standards IV. Five-Story Wood Frame Type VA Buildings V. Plumbing Code VI. Mechanical Code VII. Existing Buildings International Property Maintenance Code VIII. Swimming Pools - Hot Tubs - Spas IX. Moving Buildings X. Electrical Code XI. Fire Code Article I. IN GENERAL Sections: 5-1 Purpose. 5-2 Conflicts. 5-3 Interpretation. 5-4 Application and scope. 5-5 Copies of codes. 5-6 Appeals. 5-7 Enforcement (general). 5 -8 - 5 - 35 Reserved. 5-1 Purpose. The purpose of the codes and regulations adopted in this chapter are to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of these codes and regulations 5-2 Conflicts. In case of conflict among the following adopted codes, the codes as numbered shall govern over those following: (1) International Building Code; (2) International Residential Code; (3) International Mechanical Code; (4) International Fire Code; (5) Uniform Plumbing Code. 5-3 Interpretation. (a) Whenever the following words appear in the codes and regulations adopted by this chapter, they shall be interpreted as follows: (1) Administrative authority shall mean the building official. Page I Federal Way City Code (2) Board of appeals shall mean the hearing examiner appointed by the city. (3) Chief, fire chief or chief of the bureau of fire prevention shall mean the fire chief of the Federal 'Nay fire department South King Fire and Rescue. (4) City treasurer shall mean the director of administration and finance. (5) Corporation counsel shall mean the city attorney. (6) Municipality and jurisdiction shall mean the city of Federal Way. (b) Whenever reference is made to local authority, codes, jurisdiction and similar concepts within the codes adopted by this chapter, interpretation shall render such reference applicable to the applicable city designation, jurisdiction and authority. 5-4 Application and scope. The provisions of this chapter shall apply to all new construction, relocated buildings, and to any alterations, repairs or reconstruction, except as otherwise provided in this chapter. 5-5 Copies of codes. The city shall, at all times, keep on file with the city clerk for reference by the general public not less than one copy of the codes and regulations, or parts thereof, as are adopted by this chapter. 5-6 Appeals. Any appeals of any decision rendered pursuant to this chapter, except decisions pertammg to enforcement of this chapter, shall be made to a hearing examiner appointed by the city. Procedural rules concerning appeals shall be as provided in process III of Chapter 22 FWCC, Zoning. 5-7 Enforcement (geReral). All violations of the codes adopted under this chapter are herby determined to be detrimental to the public health, safety, and welfare and are hereby declared public nuisances. Notwithstanding any provision to the contrary, civil enforcement of the provisions of this afti6.le chapter and the terms and conditions of any permit or approval issued pursuant to this afti6.le chapter shall be governed by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or in Chapter I FWCC, Articles II, III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this afti6.le chapter. 5-8 - 5-35 Reserved. Article II. ADMINISTRATION Sections: 5-36 Right of entry. 5-37 Authority to adopt rules and regulations. 5-38 Liability. 5-39 Deviations. 5-40 Additional conditions. 5-41 Appeals: 5 42 Enforcement (administration). ~ 5-42 - 5-65 Reserved. 5-36 Right of entry. The building official or his/her designee shall have the right of entry, during usual business hours, to inspect any and all buildings and premises in the performance of his/her duties. Page 2 Federal Way City Code 5-37 Authority to adopt rules and regulations. (a) The city shall adopt rules and regulations for the implementation of this chapter, including: (I) Procedures to assure that building permits for structures conform to the requirements of this chapter. (2) Procedures to assure that these standards shall be reviewed as part of the subdivision, planned unit development, rezone, conditional use and unclassified use permit processes. (3) Procedures to assure that a report of fire protection impacts is submitted in all cases where a proposed structure or land use is regulated. (4) Standards published by the National Fire Protection Association including a standard known as NFPA 13R to be applied to all Rl and R2 occupancies. (5) Procedures for automatic fire extinguishing systems which shall indicate the type and configuration of systems based on occupancy and shall be developed from nationally recognized standards. (b) No less than one copy shall be available for public inspection and review in the fire department office or the building department. The city may offer the rules and regulations for sale for a reasonable cost to cover printing and handling. 5-38 Liability. (a) The express intent of the city council is that responsibility for compliance with the provisions of this chapter in regard to fire protection availability to a specific development shall rest exclusively with the permit applicant and their agents. (b) The city council expressly recognizes there are limited public funds available for implementation and enforcement of the provisions of this chapter and for the establishment of fire suppression capability by the fire district. The city council recognizes that the level of services these public funds can support must be balanced against the economic impact of the costs for these services. Consequently, the funds appropriated for implementation and enforcement of the provisions of this chapter are those which, in the judgment of the city council, best protect the overall health, safety and welfare interests of the public. (c) This chapter shall not be construed as placing responsibility for assuring the adequacy of fire protection services in the city or any officer, employee or agent of the city, the fire district, water purveyor, employee or agent of the fire district or water purveyor. Procedures established pursuant to this chapter are spot checks designed to foster and encourage compliance but are not guarantees or assurances that permits or work undertaken pursuant to permits complies with all applicable provisions of the chapter. It is the responsibility of the permit holder to comply with the procedures regarding the adequacy of fire protection service. 5-39 Deviations. The fire chief and building official their designee shall have the authority to approve deviations from the standards established pursuant to this chapter when it is shown that the deviation would not unreasonably reduce fire protection to the area or structures served. 5-40 Additional conditions. (a) All conditions shall have the following wording in the recorded declaration of covenants and a copy of the document shall be provided to the fire chief and the building official: (1) In the event that any unit should be equipped with a sprinkler system, nothing shall be hung from the sprinklers comprising a part of the system nor shall any such sprinklers be painted, covered or otherwise changed, tampered with or altered. (2) Prior to any alteration, amendment, modification or change thereof, the owners or their agents will submit such proposed alteration, amendment, modification or change to the fire chief or designee for his or her approval and agrees to comply with all applicable sprinkler requirements. (b) The fire chief or designee retains the authority under Section 101.1 of the Uniform the International Fire Code to impose additional conditions, including but not limited to increased setbacks, use of fire retardant materials or standpipes where determined necessary to mitigate identified fire protection impacts. Page 3 Federal Way City Code 5-41 Appeals. Appeals made from any ruling under this article, except rulings or decisions pertaining to enforcement of this article, shall be pursuant to FWCC 5-6. 5 42 Enforeement (administration). Notwithstanding any provision to the contrary, civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall bc governed by Chapter I F'.VCC, f.rticle III, Civil Enforcement of Code. Civil cnforcement is in addition to, and does not limit any other forms of enforcement available to the eity including, but not limited to, criminal sanctions as specified herein or in Chapter 1 FWCC, f.rticles II, III, nuisance and injunction actions, or other ci'/il actions. ~ 5-42 - 5-65 Reserved. Article III. BUILDING CO~STRUCTION STANDARDS Sections: 5-66 Building codes adopted. 5-67 Amendments. 5-68 Reserved. 5-66 Building codes adopted. The following codes, all as amended, added to, or excepted in this chapter, together with all amendments and additions provided in this title, are adopted and shall be applicable within the city: (a) The following chapters of the Washington Administrative Code as presently constituted or as may be subsequently amended: (I) Chapter 51-11 WAC - Washington State Energy Code; and (2) Chapter 51-13 WAC - Washington State Ventilation and Indoor Air Quality Code; and (3) Chapter 51-50 WAC - State Building Code Adoption and Amendment of the ~ 2006 International Building Code; and (4) Chapter 51-51 WAC - State Building Code Adoption and Amendment of the ~ 2006 International Residential Code; and (b) Appendix Chapters F, G, I, and J of the International Building Code, ~ 2006 Edition, and Appendix Chapters Hand J of the International Residential Code, ~ 2006 Edition; both published by the International Code CounciL 5-67 Amendments. The following amendments to the Code adopted in FWCC 5-66 are hereby adopted: (I) Section R I 05.2 is amended to read as follows: Work exempt from permit. Permits shall not be required for the following activities exceot when the work occurs in a rel!ulated area. includinl! but not limited to steeo slooes. critical areas. buffers and wetlands. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this iurisdiction. (2) Section RI05.2 item 1 is amended to read as follows: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses. provided the floor are does not exceed 200 square feet (11.15 sq. !!tlillj.R.sa. m.). Page 4 Federal Way City Code ill W Sections 105.3.2 and RI05.3.2 are amended in their entirety to read as follows: (a) Time limitation of applicatien. ,^.pplications for building permits '""hich have not been approved (when appropriate) by the community development services department, building and planning diyisions; public works department, development services and traffie divisions; Federal Way fire department, fire prevention division or King County health department within 21 months follo'Ning the applieation date shall expire by limitation and beoome null and yoid if no permit has been issued. f.ny days the applioation is lHlder review f-or the state etl'lironmental polioy act (SEP,^.) shall not be included in the allotted 21 months. One extension may be granted for I:lp to 12 months if that extension period '."lol:lld fall within the same code eyole. Expired applications that are eligible for sueh extension may be renevled for a period not exceeding that time remaining v:ithin the 12 month period. Sueh expired applications ean be renevled for one half the amount of the original application fee or an amount determined by the building official, not to exceed one half the original application f'6e. All extensions shall be request~d in writing. A new, complete permit application and full fees must be submitted to restart the reyiew proeess on any expired application that eannot be extended. The new applieation date is the date of the new submittal. An application for a permit for any proposed work shall be deemed abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 9() l8Q days each. The extension shall be requested in writing and iustifiable cause demonstrated. ~ ill Sections 106.1.1 and RI06.1.1 are amended and supplemented by the addition of a new second paragraph to read as follows: The applicant must supply as much information as required to provide an accurate environmental disclosure. ~ ill Sections 106.4 and RI06.4 are amended and supplemented by the addition of new sections to be known as 106.4.1 and RI06.4.1, respectively, to read as follows: Amended Permit. When the size of the building is increased or the scope for which the permit was issued is changed, the building official may amend the building permit. When such fees specified in sections 108 and RI08 have been paid and when changes to the plans and application are approved, the building official shall issue an "amended permit," which includes the approved changes as well as the original plans and specifications. The issuance of such amended permit shall void the original permi t. f7) @ Sections 110.1 and R110.1 are amended and supplemented by the addition of a second paragraph to read as follows: Buildings or other projects authorized by a building permit that do not require a certificate of occupancy in order to be occupied shall not be occupied until such permit has written final approval from the building inspector as authorized by the building official. t8) ill Sections 110.3 and R11O.3 are amended in their entirety to read as follows: T~mfHlflU'Y @~~H~aft~y. Tft~ bHildiftg @m.~ial is aHth@riz~d t@ issH~ a t~m~@rary ~@ftiM~at~ @f @~~H~aft~y b~f@r~ thg ~@mflleti@ft @f th~ ~fttir~ ',':€Irk ~€l":gn~d by tk~ Page 5 Federal Way City Code f'lgrmit, f'lnv:idgd that sligh f'l€lrti€lft €Ir f'l€lrti€lfts shall bg €Igglif'ligd safely. Thg bliildiftg €Ifttllial 8hall set a time f'l€lri€ld dliriftg '::hillh the temf'l€lfary €l€lrtittllat€l €lf €llllllif'laftey is ~ Limited Access Agreement. Limited use may be granted for any building not yet issued a Certificate of Occupancy pursuant to sections 110.1 or R110.1 through a properly executed Limited Access Agreement. Such agreement shall be signed by the legally ideRtified oorporate officer or property ovmer having authority to represent the oerporation or property oymer in suoh agreements or oORtraets, and the City Manager; as Regotiated and recommeRded by the building offieial or their designee and aeoording to eity poliey. (8) Sections 112.1 and R112.1 are amended in their entirety to read as follows: Cgftefa1. In €lnier t€l hear aftd deeide af'lf'l€lals €If €IfdefS, dellisi€lft8 €Ir dlltllmtiftati€lfts madllbj' thll bNildiftg €Ifttllial flllati':e t€l the af'lf'llieati€lft aftd ifttllFpretati€lft €If this e€lde, there shall be aftd is hgfllby llfllatlld a b€laFd €If af'lf'lllals. Thll b€lard €If appeals shall be app€lifttgd by thg g€l~:gmiftg b€ld:,' aftd ahall h€lld €Ifiilllil at its f'llgasliyg. Thll b€lard shall ad€lf'lt millS €If pr€lglldNl'll f€lr ll€lRdlietiftg its blisiRgss. General. Appeals of decisions or determinations made by the building official relative to the application and interpretation of this Code, except orders, rulings or decisions pertaining to enforcement of this Code, shall be made to the hearing examiner pursuant to FWCC 5-6. (9) Sections 112.2 and R112.2 are amended in their entirety to read as follows: Limitati€lRB €1ft alith€lrity. :\n af'lf'llillati€lft f€lr apf'leal shall bll based €1ft a lllaim that the tRill iftteftt €If this ll€ldll €Ir thll millS legally ad€lptlld thllFll MRd€lY ha':e bllllft iftll€lPflllltly ifttll~flltgd, thll f'lr€l'\"isi€lfts €If this ll€ldll d€l ft€lt fully apf'll)' €Ir aR ll€tlially g€l€ld €Ir bllttllr f€lrm €If ll€lIlSWullti€ll'l is f'lY€lf'l€ls@d. Th@ b€lara shall ha','@ ft€l IHlth€lFity t€l '",aiv@ re€tliin~m@llts €If thi8 @€Id@. Limits of authority. The hearing examiner shall have no authority relative to the interpretation of the administrative provisions of this Code nor shall the hearing examiner be empowered to waive any requirements of this Code. (10) Sections 112.3 and R112.3 are deleted in their entirety. QlialiM@ati€lfts. Th@ b€laya €If llflPllals shall ll€lftsist €If mllmbgrB '.vh€l arll €J.lialiMlld bj' g](f'lllrillllgll and traiftiftg t€l pass €Ill mattgrs f'lllrtaiftiftg t€l bliildiftg e€lftstmeti€lft aftd arll ft€lt llmpl€lYlllls €If thll jurisdillti€lll. (2t [U} Sections 113.2 and RI13.2 are amended in their entirety to read as follows: N€ltillll €If '.1.€Ilati€lll. The bliilding €IfMllial is amh€lfizlld t€l SIlF:ll ll€ltillll flf 7i€llati€lll flr €Irder €1ft the peys€lft fesp€lft8iblll f€lf thll llreeti€lft, e€lRstmllti€lR, alterati€lft, enteftsi€lR, repair, m€l':ing, rem€l','al, dem€lliti€lR €Ir €I lllllif'lMllj' €If a bliilding €Ir stmgWl'll ift ':i€llati€lll €If the pl'€I':isi€l1l8 €If this g€ldll, €Ir ill vi€llati€lll €Ira f'lllmtit €If lllll'tittgatg iS8lilld liRd€lr thll f'lf€l':i8i€lfts €If this ll€lde. Sligh €IrdllY shall dinlet thll disll€mtiRUallgll €If thll illllgal allti€lft €Ir ll€lftditi€lft alld thll abatllmllRt €If thll ':i€llati€lft, Occupancy violations. Whenever any building or structure or equipment therein regulated by this Code is being used contrary to the provisions of this Code, theebuilding official may, by issuance of an order to cease activity under the FWCC 1-16, order such use discontinued and the structure, or portion thereof, vacated. f4 (1) Sections 114.1 and R 114.1 are amended in their entirety to read as follows: Page 6 Federal Way City Code Al:lth@flty. '.l.Q\lHHl':gr thil bl:lil€liftg @ffigial hft€ls afty v;@r!: rggl:llatil€l by thi8 €l@€I€l bgiftg pilrf@fm.il€l ift a maftftilr €lithilr il@fttrary t@ tA€l pr@\"isi0ft8 0f thi8 €l0€1il 0r €Iaftgilr01:l8 @r oosafg, tAil \:mihiiftg @Ui€lial is al:lth0rizil€l t@ iSSl:l€l a St0p ,':@rl: @r€lilr. Orders to cease activity. Whenever any work is being done contrary to the provisions of this Code, or other pertinent laws or ordinances implemented through the enforcement of this Code, the building official may order the work to cease by issuance of an order to cease activity pursuant to the FWCC 1-16. (13) Sections 114.2 and R114.2 are amended to read as follows: Issuance. The stop work order to cease activity shall be in writing and given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop vlork order to cease_activitv, the cited wefk activity shall immediately cease. The stop work order to cease activity shall state the reason for the order, and the conditions under which the cited wefk activity will be permitted to resume. (14) Sections 114.3 and Rl14.3 are amended to read as follows: Unlawful continuance. Any person who shall continue any wefk activity after having been served with a stop work order to cease activity, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subiect to penalties as prescribed by law. fW1.LW Section 1008.1.8.3 is amended by the deletion of exception 2.1 is deleted. (16) Section R313 .2.1 is amended by the addition of Exception 3 to read as follows: Remodels which do not add bedrooms and have a construction valuation of less than $5,000.00 may use battery operated smoke alarms in existing areas of the structure which are not affected by the permitted work. t9t G1} Sections 1807.4.3 and R405J. are amended and supplemented in their entirety to read as follows: Draiftagil €Iis€lll.al'ge. The fl@@r base aft€l f01:lft€lati0ft pilrimetilr €Iraift shall gis€lharg€l by gTa':ity 0r mg€lhafti€lal ft\@afts iftt@ aft appr@':gg €Iraiftagg 8)'8tgm that €l0mpligs '::ith thil futemati@ftal Pll:lmbiftg C@gg. Drainage. Provisions shall be made for the control and drainage of surface water around buildings. Adequate provisions shall be made to insure that underfloor spaces remain free of running or standing water. As a minimum, such drains shall be installed around the perimeter of the building at the footings. Additional drains may be required in the underfloor space. The drainpipes shall be of sufficient size to adequately convey water to an approved location, but shall be a miaiImlffi size of not be less than four inches in diameter. Provisions shall be made to prevent the drainage system from becoming blocked with soil. The building official may waive the provisions of this section when soils appear to adequately drain the site and no water will stand or run under the building. Article IV, FIVE-STORY WOOD FR\.ME TYPE VA BUILDINGS Sections: 5-69 Purpose - General. Page 7 Federal Way City Code 5- 70 Construction. 5-71 Occupancy. 5-72 Stair enclosures. 5-73 Fire detection and protection. 5-74 Height. 5 -75 Basic allowable floor area. 5-76 Fire department access. 5-77 Construction inspection. 5 -78 Maintenance of fire protection systems. 5-79 - 5-90 Reserved. 5-69 Purpose - General. The purpose of this article is to authorize the construction of five-story ',vood frame Type V A buildings as an approved alternate design and construction method under Section 104.2.8 of the ~ 2006 Edition of the International Building Code, and to set forth the criteria and standards which must be met before a building permit may be issued for a five-story wood frame Tvpe V A building. 5-70 Construction. (a) International Building Code requirements. Five-story 'Nood frame Tvpe V A buildings must comply with all requirements of the International Building Code, except as modified or supplemented by this article. In the event of a conflict between the International Building Code and the provisions of this article, the provisions of this article shall control. References in this article to building construction "types" (e.g., Type I or Type V A) shall have the same meaning as set forth in the International Building Code. (b) Lowest story construction requirements. The lowest story in a five-story wood frame type VA building shall be constructed of Type VA fire-resistive construction, except that all structural frame and load bearing elements must consist of approved, two-hour fire-resistive construction. (c) Upper four stories. The upper four stories of a five-story wood frame Type VA building shall be constructed of at least Type V A fire-resistive construction. (d) Use of Type VA above Type I construction. Where Type V A wood frame stories are constructed over Type I construction, the Type V A stories shall be separated from the Type I stories with a horizontal assembly having a minimum three-hour fire-resistance rating as provided in the International Building Code Section 311.2.2.1 509.2 (2003 EditiOll) of the 2006 Edition as presently constituted or as may be subsequently amended. 5-71 Occupancy. (a) Occupancy of five-story wood frame Type V A buildings shall be allowed as provided in Table 503, International Building Code, ~ 2006 Edition, as presently constituted or as may be subsequently amended, except that B, M, and R-l occupancies shall be allowed on any floor. (b) Occupancy shall have the same meaning as set forth in the ~ 2006 Edition of the International Building Code as presently constituted or as may be subsequently amended. 5-72 Stair enclosures. Where buildings are designed and constructed pursuant to this section, all stair enclosures shall be of two-hour fire-resistive construction with one-and-one-half-hour opening protection. All buildings constructed in accordance with this Section shall be provided a minimum of one elevator with a car which complies with Section 3002.4 of the 2006 Edition of the International Building Code. Elevators shall be enclosed in shafts with the same fire resistive requirements as stair enclosures set forth above. Elevator hoistways shall be ventilated in accordance with Sections 3004.2 through 3004.5 of the 2006 Edition of the International Building Code. Page 8 Federal Way City Code 5-73 Fire detection and protection. (a) Five-story wood frame Tvpe V A buildings shall be protected throughout by an automatic fire sprinkler system complying with the International Building Code and International Fire Code as detailed in the Standard known as NFP A 13, as set forth and contained in the ~ 2006 Editions of the International Building and Fire Codes and as amended by the State Building Code, as presently constituted or as hereinafter amended. Use of the automatic fire sprinkler system shall be in addition to, not in lieu of, one-hour fire-resistive construction required in FWCC 5-70. Automatic fire sprinklers may not be used to increase the number of stories; no more than five stories of wood frame Type V A construction may be permitted. (b) All stair enclosures and elevator shafts shall be pressurized as set forth in the 2006 Edition of the International Building Code Section~ 9G9 707.14.2.1 through 707.14.2.5, as presently constituted or as may be subsequently amended. In addition, a class I standpipe system as required by International Building Code Section 905 and the Standard known as NFP A 14, as presently constituted or as may be subsequently amended, shall be installed. (c) A standby power-generator set shall be provided on the premises in accordance with the ~ 2006 International Building Code Section 403.10 and the ~ 2005 National Electrical Code, as presently constituted or as may be subsequently amended. The standby system shall have a capacity and rating sufficient to supply all equipment required to be operational at the same time, including but not limited to emergency lighting. stair enclosures, an elevator shaft pressurization, and elevators. (d) A monitored manual and automatic fire detection system, subject to the approval of the fire effief code official, shall be installed throughout the building and provide alarm, trouble and supervisory monitoring of the automatic fire sprinkler system. Monitoring equipment and controls shall be located in a location approved by the fire code official. 5-74 Height. The maximum height of buildings designed and constructed pursuant to this section shall be 65 feet. The height shall be measured as provided in the ~ 2006 International Building Code as presently constituted or hereafter amended. Buildings constructed under this article shall also be subject to the requirements of Chapter 8 FWCC Section 403 pertaining to high-rise buildings, as applicable. 5-75 Basic allowable floor area. The basic allowable area of floors of five-story 'Hood frame Type V A buildings shall be as allowed in Tables 503 through 505, and section 506 of the International Building Code, ~ 2006 Edition, as presently constituted or as may be subsequently amended, plus 25 percent. For the purpose of this article only, the total allowable area as calculated subiect to the above referenced table and sections may be increased by 25 percent (25%). 5-76 Fire department access. Site design for any five-story wood framed Type V A building shall include access sufficient for fire department vehicles, as determined by the fire effief code official and building official. Fire department vehicle access shall be documented on site and on building plans. 5-77 Construction inspection. The following shall be required for buildings designed and constructed pursuant to this section: (I) Structural observation provided by the engineer of record for structural frame elements; and (2) Special inspections as required in the ~ 2006 International Building Code, as presently constructed or as hereafter amended. (3) All other inspections shall be in strict accordance with other applicable codes. (4) Structural observation documents stamped by the engineer of record and all special inspection reports shall be submitted to the Federal Way building division prior to the issuance of a certificate of occupancy. Page 9 Federal Way City Code 5-78 Maintenance of fire protection systems. The owners of five-story wood frame Type V A structures shall maintain the fire and life-safety systems required by the International Building Code and the Federal Way City Code in an operable condition at all times. Unless otherwise required by the fire ehief code official, testers approved by the fire department shall conduct yearly testing of such systems. A written record shall be maintained and shall be forwarded to the fire marshal code official and be available to the inspection authority. 5-79 - 5-90 Reserved. Article V. PLUMBING CODE Sections: Division 1. Generally 5-91 Appeals. 5 92 Enforcement. ~ 5-92 - 5-100 Reserved. Division 2. Permit 5-101 To whom issued. 5-102 - 5-115 Reserved. Division 3. Standards 5-116 Plumbing code adopted. 5-117 Amendments. 5-118 County rules and regulations adopted relating to on-site sewage disposal systems. 5-119 - 5-140 Reserved. Division 1. Generally 5-91 Appeals. Appeals made from any ruling under this article, except rulings or decisions pertaining to enforcement of this article, shall be pursuant to FWCC 5-6. 5 92 Enforeement (plumbing code). Not\.vithstanding any pro':ision to the contrary, civil enforcement of the provisions of this article aRd the terms and conditions of any permit or approval issued pursuant to this article shall be governed by Chapter 1 FWCC, Article III, Ci'lil Enforoement of Code. Civil enforcement is ia addition to, and does not limit aRY other forms of enforcement a':ailable to the oity inoluding, but not limited to, eriminal sanotions as speoified herein or in Chapter I FWCC, j\rticles II, III, nuisance and injunction actions, or other eivil or equitable aotions to abate, discontinue, correct or discourage unlawful acts in violation of this article. S-93 5-92 - 5-100 Reserved. Division 2. Permit 5-101 To whom issued. Page I 0 Federal Way City Code A permit may be issued under this division to a properly licensed person in conformance with current state contractor licensing laws, Chapter 18.27 RCW. A licensed general contractor or owner shall be issued a plumbing permit as a portion of the required building permit when approved plans indicate plumbing fixtures. 5-102 - 5-115 Reserved. Division 3. Standards 5-116 Plumbing code adopted. The following codes, all as amended, added to, or excepted in this chapter, together with all amendments and additions provided in this title, are adopted and shall be applicable within the city; (1) The following chapters of the Washington Administrative Code as presently constituted or as may be subsequently amended: a. Chapter 51-56 - State Building Code Adoption and Amendment of the ~ 2006 Edition of the Uniform Plumbing Code; except Section 701.1 which is adopted without state amendment; and b. Chapter 51-57 - State Building Code Adoption and Amendment of the ~ 2006 Edition of the Uniform Plumbing Code Standards. (2) The ~ 2006 Uniform Plumbing Code as presently constituted or as may be subsequently amended; provided, that in the event of conflicts with the State Plumbing Code adoption of the Uniform Plumbing Code, the state code will prevail. Such conflicts will be reviewed and a determination issued by the building official or their designee. 5-117 Amendments. The following amendments to the provisions of the plumbing code adopted in FWCC 5-116 are hereby adopted: (1) Uniform Plumbing Code Chapter 6. Water Supply and Distribution - Amended. Chapter 6 of the Uniform Plumbing Code, as adopted by this chapter, is here by amended by the addition of a new section: Section 612. Adoption of state regulations. Rules and regulations of the state board of health regarding public water supplies, entitled "Cross Connection Control Regulation in Washington State" WAC 248-54-250 through 248-54-500, and the American Water Works Association, Pacific Northwest Section's Second Edition of "Accepted Procedure and Practice in Cross-Connection manual" as they presently exist and as they may, from time to time, be amended in the future, are hereby adopted by this reference as if set forth in full. ~ ill Section 103.2 is amended and supplemented by the addition of a new subsection 103.2.4 to read as follows: 103.2.4 Amended construction documents. Changes made during construction are to comply with the provisions of International Building Code Section 106.4 as amended by Federal Way City Code Section 5-67(4). (4j ill Section 103.41 is amended in its entirety to read as follows: P€lFmit Fllll8. hllS 8hsll bll S88ll88lla ill. slllHmiall.llll '.,'ith the pnv:i8itms 0f thi8 8ll11ti0ll. alia a3 8et f@fth iR thlJ f.ee 3eftll€llllll Tsble 1.1. Thll [.ellg arll to bll alltllrmiRlla sfla S€l0ptll€l b:,' this jMrisaillti0fl. -J-.()J.4 Fees. Fees are to be paid in accordance with the provisions contained in. International Building Code Sections 108.1, 108.2, and 108.4 through 108.6, and the Page 11 Federal Way City Code fee schedule set by resolution and on file in the city clerk's office, as now exists or is hereafter amended, deleted, added to, or modified. f2j ill Section 103.3.4 is amended in its entirety to read as follows: (a) Time limitation of application. .^.pplications for building permits whioh have not been approved (when appropriate) by the community development services department, building and planning divisions; publio works department, development services and traffic divisions; Federal Way fire department, fire preyention division or King County health department '.vithin 24 months fello'::ing tHe applioation date shall expire by limitation and beoome null and void if no permit has been issued. Any days the application is under review for the state en'/ironmental polioy aot (SEP 1\) shall not be included in the allotted 21 months. One extension may be granted for up to 12 months if that extension period 'Nould fall within the same oode oycle. Expired applications that are eligible for such extension may be renev/ed for a period not exceeding that time remaining '.vithin the 12 month period. Suoh expired applioations oan be renewed for one half tHe amount of the original applieation fee or an amount determined by the building official, not to exoeed one half the original application fee. All extensions shall be requested in ':.riting. .^. He'.v, complete permit applioation and full fees must be submitted to restart the review process on any expired applioation that eatmot be extended. The new applioation date is the date of the new submittal. Expiration. Every permit issued by the Authority Having Jurisdiotion under the pro':isions of this code shall expire by limitation and become null and void if shall become invalid unless the work on the site authorized bv such oermit is fl6t . commenced within one hundred ei~hty (180.) days after its issuance, from the date of such permit, or if the work authorized on the site by such permit is suspended or abandoned at any time after work is commenced for a period of one hundred eighty H80~ days after the time the work is commenced. Before such work can be reoommenced, a new permit shall first be obtained to do so, and the fee therefore shall be one half the amount required for a new permit for suoh work, provided no changes ha'le been made or will be made in the original plans and speeifioations for such work, and provided further that the suspension or abandonment has not exceeded one year. Any permittee holding an unexpired permit may apply for an extension of the time within whioh the ,>vork may commence under the permit when tHe permittee is unable to oommenoe the 'Norle ',vitmn the time required by tHis seetion for good and satisfactory reasons. The .^.uthoritv Having Jurisdiotion buildinl! official is authorized to ill"ant. in writimr. one or more may extend the extensions of time. for action by the permittee for a periods not more than exoeeding one hundred eighty (180.) days each. upon v.'ntten request by the permittee shOVlin!?; that oircumstanoes beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than onoe The extension shall be requested in writinl! and a iustifiable cause demonstrated. In order to renew action on a permit after expiration, the permittee aoolicant shall pay a new full permit fee. tJ1 ill Section 103.4.3 is amended in its entirety to read as follows: b) Expiration. Every permit issued by the building official under the provisions of this ohapter shall expire and beoome null and void if the work authorized by such permit is not commenced and completed '.vithin 24 months. One extension may be Page 12 Federal Way City Code granted for up to 12 months if that cxtension period would fall 'IIi thin the same code cycle. Expired permits that are cligible for such extension may be renewed for a period not exceeding that time remaining within the 12 month period. Such expired permits can be renewed for one half the amount of the original application fee, or an amount determined by the building official, not to exceed one half the original permit fee. All extensions shall be requested in writing. ^ new, complete permit application and full fees must be submitted to recommence '.'lode on any expired permit that cannot be extended. The building official may evaluate the 'Nork not completed under the expired permit and issue to the applioant a revised S00pe of work to be submitted for the ne\'1 application. EJq1irtillilJ1l of' p!fJ:n 1'8,';811. Jepp!i@ati€lfts f€lr ';:hich ft€l plll'ftlit is isstHHi ,-:ithift 8ft@ hUfl.drlld @ight)" (1 gG) days f8118'::iftg th@ dat@ €lf af'lpli@ati8ft shall @1lf'lir@ hy limitati8ft, aftd phms aftd 8th@r data 8oomitt@d f€lr fll':i@v: may thllr@aftllr ~ll r@Rtm@d t8 th@ applilllmt €lr !i@BlF€ly@d hy th@ .~.mh€ll'itj' IIa':iftg Jw=isdillti8ft. Th@ A:tlth8ritj' I1a'!:iag JW'isdillti8ft may @Ji.llll@d th@ time f8r aeti€lft by the ap}Jlieaftt wr a }Jeriod of 8ltll htmdnild eighty (H~9) days ~Oft fe€l.tHilst h:,' th@ ap}Jliellftt SR8-;.1ltg that lliFllttmBtaft@@S heyoftd the IlOftlFOI of th@ a}J}JIicllftt haye f'lre':eftted actioft K8m beiftg tal[llft. No appli@atiolt shall b@ @llteftded mOf@ thaft olt@e. In order t8 [@lte-;: a8ti81t 8ft aft ap}Jli8atioft aft@r llJ~iFatiOft, th@ a}Jpli@aftt shall f8Stthmit }Jlafts aftd pay a ftll';: }Jlaft r@.....ie...1... f(:lL Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and iustifiable cause demonstrated. A new, complete permit application and full fees must be submitted to restart the review process on any expired application that cannot be extended. The new application date is the date of the new submittal. 5-118 County rules and regulations adopted relating to on-site sewage disposal systems. In areas not served by sanitary sewers as required in this Code, septic tanks and drainfields conforming to the most current adopted rules and regulations of the county board of health shall be installed. 5-119 - 5-140 Reserved. Article VI. MECHANICAL CODE Sections: 5-141 Code adopted. 5-142 Amendments. 5-143 Appeals. 5-144 - 5-165 Reserved. 5-141 Code adopted. The following codes, all as amended, added to, or excepted in this chapter, together with all amendments and additions provided in this title, are adopted and shall be applicable within the city: (I) The following chapters of the Washington Administrative Code as presently constituted or as may be subsequently amended: Page I J Federal Way City Code a. Chapter 51-52 WAC - State Building Code Adoption and Amendment of the ~ 2006 Edition of the International Mechanical Code and of the ~ 2006 Edition of the International Fuel Gas Code. 5-142 Amendments. The following amendments to the mechanical code adopted in FWCC 5-141 are hereby adopted: (I) /\. ne'N Section 106.3"'; is added is amended and supplemented by the addition of a new subsection 106.3.2 to read as follows: (a) Time Jimitatit)1'l of appJicatien. l\pplications for mechanical and fuel gas permits which have not been appro':ed (when appropriate) by eomffiHnity development services department, building and planning divisions; publie 'llorks department, development services and traffic divisions; Federal '\lay fire department, fire prevention division or King County health department within 21 months following the application date shall expire by limitation and become null and void if no permit has been issued. :\fiY da-ys the application is under reVle\'l for the state environmeatal poliey aet (SEPA) shall not be iaeluded in the allotted 24 moaths. Oae extension may be granted for up to 12 months if that extension period would fall ',vithin the same code cycle. Expired applieations that are eligible for suell extension may be renewed f.or a period Hot exeeeding that time remaining 'Nithin the 12 mend} period.Sooh expired applioations ean be renewed for one half the amount of the original application fee or an amount determined by the building official, not to exeeed one half the original application f-ee. All extensions shall be requested in writing. /\. ne'N, complete permit applieation and full f-ees must be submitted to restart the re'/ie'N process on any expired application that oanaot be extended. The aew applioation date is the date of the new submittal. Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and iustifiable cause demonstrated. A new, complete permit application and full fees must be submitted to restart the review process on any expired application that cannot be extended. The new application date is the date of the new submittal. (2) Section 106.4.1 is amended and supplemented by the addition ofa third paragraph to read as follows: Changes made during construction are to comply with the provisions of International Building Code Section 106.4 as amended by Federal Way City Code Section 5-67(4). (3) Section 106.4.3 is amended in its entirety to read as follows: (b) Expiration. Every permit issued by the building official under the provisions of this chapter shall expire and beeome null and void if the work authorized by suoh permit is not commenoed and completed within 21 months. One extension may be granted for up to 12 mOi'lths if that extension period would fall within the same oode cycle. Expired permits that are eligible for such extension may be rene',ved f.or a period not exceeding that time remaining \yithin the 12 month period. Such expired permits oan be renewed for one half the amount of the original permit fee, or an amount determined by the building official, not to exceed one half the original permit fee. All extensions shall be requested in '.vriting. Page 14 Federal Way City Code A new, complete permit application and full fees must be submitted to reeommence work on any expired permit that cannot be extended. The building official may evaluate the work not oompleted under the expired permit and issue to the applioant a re'lised scope of work to be submitted for the new applioation. EnJlimti!ln. ~>:~FY p~miit iS8lHHI By th~ ~od~ offi~ial ood~r th~ pro-:isions of this ~od@ shall ~JEJlir~ Bj' limitation aftd B~~om~ ntill and ':oid if th~ 7:!lrk alith!lflZ~d By slich Jl~m1it is not ~€Imm~Dc~d ';:ithiD UW daJ's fr€lm th~ dat~ of su~h Jl~miit, €Ir if th~ ',Y€lrl( authofls@d By su~h p~Fmit is SliSp~Dd~d or abandoD~d at aft)' time aR~r th~ -;:€Irl( is comm@nlHld f€lr a p~fl€ld of 1 gg days. :B~f@r@ such worl( r@C€lIDm@n@@s, a D~,': Jl@m1it shall Bll first €IBtaiD~d aftd tft@ fe@, tft@r~fonl, shall B@ €ID@ half the amooot r@tluir8d f@r a D~'l: Jl@miit for slich ,-:€Irh, pr€l-:id@d n€l ha':~ lHllln made €Ir 7:ill B~ made in the original @onstflt@tion do~um@nts f€lr such ,':or\(, and pro':id~d flil"tk~r that ~JU@h SUSIHlftsion or aBaftd€lDmllDt has not @lw@@d@d on@ year. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after issuance. or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant. in writing. one or more extensions of time. for periods not more than 180 days each. The extension shall be requested in writing and iustifiable cause demonstrated. In order to renew action on a permit after expiration. the permittee shall pay a new full permit fee. (4) Section 106.5.2 is amended in its entirety to read as follows: Fee schedule. The fees for mechanical work shall be as indicated in the following schedule: 106.5.2 Fcc schcduk. Fees are to be paid in accordance with the provisions contained in International Building Code Sections 108.1, 108.2, and 108.4 through 108.6, and the fee schedule set by resolution and on file in the city clerk's office, as now exists or is hereafter amended, deleted, added to, or modified. (5) Section 301.7 is amended and supplemented by the addition of a new subsection 301.7.1 to read as follows: 301.7.1 Means of Disconnect. An approved, independent means of disconnect for the electrical supply to each piece of equipment shall be provided adjacent to and within sight of the service side of the equipment served when the supply voltage exceeds 50 volts. 5-143 Appeals. Appeals made from any ruling under this article, except rulings or decisions pertaining to enforcement of this article, shall be pursuant to FWCC 5-6. 5-144 - 5-165 Reserved. Article YD. EXISTINC BUILDINCS INTERNATIONAL PROPERTY MAINTENANCE CODE Sections: 5-166 Codes adopted. 5-167 Appeals. Page 15 Federal Way City Code 5-168 Amendments - International Property Maintenance Code. 5-169 - 5-215 Reserved. 5-166 Codes adopted. The following code, as presently constituted or as may be subsequently amended, is adopted as amended, added to, or excepted in this chapter, together with all amendments and additions provided in this title, are adopted and shall be applicable within the city: (1) 2003 Edition oftbe International Existifl:g Building Code; and ~ ill ~ 2006 Edition of the International Property Maintenance Code, except Sections -We; 111,303,307,308, and 507 are not adopted. 5-167 Appeals. Appeals made from any ruling under this article, except rulings or decisions pertammg to enforcement of this article or any of the codes adopted hereunder, shall be pursuant to FWCC 5-6. 5-168 Amendments - International Property Maintenance Code. The following amendments to the Code adopted in FWCC 5-166 are hereby adopted: (a) Section 102.3 is amended to read as follows: Section 102.3 Application Ie g.f other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with procedures and provisions of the International Existing Building Code, International Fuel Gas Code. International Mechanical Code, Uniform Plumbing Code and the NEC Electrical Code. and Chapter 1 FWCC, "^.rtiele III, Civil Enf-orcement of Code. In the event of a conflict between the applicable provisions of this Code and Chapter 1 FWCC, f.rticle III, the more restrictive shall apply. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Int0mati~Ral Z~RiRg C~d0 Federal Way City Code. (b) Section 103 is amended to read as follows: Section 103.5 is deleted in its entirety. (c) Sections 106.1 through 106.5 are deleted in their entirety. W @ Section 107:l is amended and supplemented to read as follows: Scctien 107.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in section 107.2 and ~ the applicable provisions of the Federal Way City Code Chapter 1, Article III, Civil Enforcement of Code t~ th0 p0rS~R fur th0 -,'iolati~R as sp00iM0d iR this 000e. }Toti@0s fur @~Rd@mn.atioR prolHHhires shall also eom}}l:,' '::ith S0etioR 19&.3. (e) Section 107.2 is amended to read as follows: Section 107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of th0 f0110'.':iRg FWCC 1-17. In addition to the information required by FWCC 1-17, the notice and order shall contain: Delete items 1 - 6 from section 107.2 and replace with the following: 1. A statement that the building official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of section 108 of this Code. 2. Statements advising that if any required repair or demolition work (without vacation being also required) is not commenced within the time specified, the building official: Page 16 Federal Way City Code (i) Will order the building vacated and posted to prevent further occupancy until the work is completed; and (ii) May proceed to cause to be done and charge the costs thereof against the property or its owner. ill Delete subsection Sections 107.3 - 107.4 are deleted in their entirety. (d) (g} Section 108.1 is amended to read as follows: -J-()8:-J- General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be IHHi311lmuHi closed pursuant to the provisions of this code. W (h) Section 108.2 is amended to read as follows: -J-()8d. Closing of Vacant Structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a plaear3 @f e8ft311mftati@ft @ft thll pfllmiBl.l8 the structure "Do Not Occuov" and order the structure to be closed up so as not to be an attractive nuisance. Upon failure of the owner to close up such premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. ft} ill Section 108.3 is amended and supplemented to read as follows: .J..{)&.J. Notice. Whenever the code official has e@ft311ftUil.l3 closed a structure or locked out equipment under the provisions' of this section, notice shall be posted in a conspicuous place in, illl or about the structure or equipment affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with S!l!lti8ft 197.3 FWCC Chapter I, Article III. ~ ft@tillll p!lrtaifta t8 l.lf}Mipmllftt, it shall alae bll plaell3 eft th!l !l@ft311mfll.l3 l.lttMipml.lftt. The notice shall be in the form prescribed in section 107.2. Everv notice to vacate shall be issued. served and oosted as an order to cease activity under FWCC 1-16. tg) ill Section 108.4 is amended and supplemented to read as follows: .J-(}8.A Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on or at each ~ of the premises @r eft 3!lw!lti':l.l l.lttMipm!lftt a placard bllal'iftg th!l '::@r3 ll@ft3@llUHl3 indicatim! that the buildilll! is not fit for occuoancv and Ii stat@m@ftt 8f tk@ pllftaltilla p1'8':i3!l3 f@r @IlIlMfl:,.iftg tkll pr!lmiB@B, 8p€lratmg tkll @ttMipml.lftt 8r r!lm@T:iftg tkll plaear3 other information determined relevant by the building official. (k) Section 108.4.1 is amended to read as follows: 108.4.1 Placard removal. The code official shall remove the 118ft€hmmati8ft placard oosted in accordance with the orovisions of section 108 whenever the defect or defects upon which the ll@fuhmmati8ft aftd plallal'diftg action ~ ~~ based have been eliminated. Any person who defaces or removes the placard without the approval of the code official shall be subject to the penalties provided by this code set forth in FWCC Chaoter I Article II and III. W ill Add Section 108.6 to read as follows: Page 17 Federal Way City Code Section 108.6 Repair. Vacation and Demolition. The following standards shall be followed by the building official (and by the hearing examiner if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure: I. Any building declared a dangerous building under this Code shall be made to comply with one of the following: 1.1 The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair; 1.2 The building shall be demolished at the option of the building owner; or 1.3 If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry. 2. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated, fij (m) Amend Section 202 is amended to read as follows: Delete the definitions of GARBAGE, INOPERABLE MOTOR VEHICLE, AND RUBBISH. ffi (ill Section 301.2 is amended to read as follows: .J()..hJ Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as othetwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. OIHlll~aftts @f a dw@llmg liftit, fllllmiftg Mflit llr hllM8@k@€lpiftg Mflit M@ F@8~llftsihl@ fllf k@@~iftg ift a @1@1m, 8aftiulfY aftd 8afe @@ftditi@ft that ~tWI: @ftlt@ d'.,'@lling Mflit, r@llmiftg Mflit, htHt8@1~@@~iftg Mftit llf pn:lmi8118 v:hi@h thllY llIlIlM~Y afta llllfttf'lll. tk) {Q} Section 302.4 is amended to read as follows: Delete subseotion 302.4 in its entirety. Weeds. All premises and exterior property shall be maintained free from weeds or plant ~owth in excess of nine inches in height on development property or 24 inches in height on vacant land. All noxious weeds shall ~rohibited. Weeds shall be defined as all grasses. annual plants and vegetation. other than trees or shrubs provided: however. this term shall not include cultivated flowers and gardens, Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation. they shall be subiect to the orovisions of FWCC Chaoter I Articles II & III. ~FllSllllMtillft ift alllllmlanll@ 'l:ith Ell@ti@ft I Q(j,J aftd as prll811rihlla hy thll aMthllrity ha':iftg joo8ailltillft. Up@ft faillil'll tll llllmply -r:ith thll ftlltillll llf ','i@latillft, aft)' aMI)' aMthllrizlla llmfllllj'llll llf tltll joo8ailltillft @r ll@ftmtlltor hiflla h:,' thll jMri8ai@tillft 8hall h@ aMtftoriz@d to llftt@r Mfl@ft th@ ~n~~llrtJ' ift ':illlatillft Imd llMt aftd dIl8tf'1lj' tAll '::@@as grll'.'l,'iftg tA€lfllllft, aftd tIt@ IlIlSt @f 8MllA rllm@':al 8Aall hll ~aid h~,. tA@ Il\Wi@r llr ag~)ftt rllSpllft8ihlll fill" tltll fll'llflllrtj'. (1) Section 304 is amended to read as follows: Delete subsections 301.2, 301.8, 301.9, 304.11 301.18 in their entirety. 5-169 - 5-215 Reserved. Page 18 Federal Way City Code Article VIII. SWIMMING POOLS - HOT TUBS - SPAS Sections: 5-216 Reserved. 5-217 Compliance required. 5-218 Enforcement. 5-219 Violations and penalties. 5-220 Satisfactory alternate. 5-221 Retroactive effect. 5-222 Fences and gates - Required. 5-223 Fences and gates - Waiver for inaccessibility. 5-224 Fences and gates - Covered pools. 5-225 Excavation walls - Distance from slope - Walkway. 5-226 Appeals. 5-227 - 5-245 Reserved. 5-216 Ileserved. 5-217 Compliance required. All plans submitted to the city for swimming pools to be constructed shall show compliance with the requirements of this article, and final inspection and approval of all pools constructed shall be withheld until all requirements of this article have been complied with. 5-218 Enforcement. The building official is charged with the duty of enforcing this article and determining whether ~ violation has occurred. or Rot the provisions and requirements of this article have beeR eomplied '.'lith. Civil enf{)rcement of the provisions of this article and the terms and conditions of any permit or lif'pro';al issued plHsuant to this artiele shall be governed by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforeement is in addition to, and does not limit any other f{)m1s of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or in Chapter I FWCC, .Articles II, III, nuisance and injooction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. 5-219 Violations and penalties. Any person violating any of the provisions of this Code shall be deemed guilty ofa misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this article is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable as provided in FWCC 1-13. 5-220 Satisfactory alternate. Notwithstanding any precise requirements of this article, the building official may approve alternate methods of protection and construction and maintenance of swimming pools, provided such alternate methods meet the same essential surety requirements of this article, and it can be demonstrated that such alternate methods are better suited because of peculiar or unusual circumstances and that it is not practical to meet the precise requirements of this article. Any person who seeks to obtain approval of any such alternate and who is denied approval by the building official may appeal his or her decision to a hearing examiner appointed by the city for such purpose by filing a notice of appeal with the city clerk stating the grounds for the appeal and requesting a hearing to review the decision by the building official. The procedure for such appeal shall be as provided in process I of Chapter 22 FWCC, Zoning. 5-221 Retroactive effect. Swimming pools, hot tubs and spas of a type subject to the provisions of this article which were in Page 1 9 Federal Way City Code existence prior to the effective date of the ordinance from which this article was derived and where not provided with the safety requirement then in effect shall within six months from the effective date of this article be brought into conformity with the provisions and requirements of this article. Swimming pools, hot tubs and spas not brought into conformity within the period of time herein specified are hereby declared to be a public nuisance and public hazard, and the owner of the premises upon which such pool exists shall be subject to the penalties prescribed herein. 5-222 Fences and gates - Required. (a) Every person whether as owner, purchaser under contract, lessee, tenant or licensee in possession of land within the city upon which is situated a swimming pool, hot tub or spa in excess of 18 inches in depth, including portable pools, shall at all times maintain on the lot or premises upon which such pool is located and completely surrounding such pool, lot or premises, a fence or other solid structure designed to prevent small children from inadvertently wandering into the pool. Such fence or other solid structure shall be not less than five feet in height with no opening (other than doors or gates) except as follows: (I) For a fence or other solid structure whose chief covering members are constructed in a vertical direction, there shall be no openings in a horizontal direction of more than four inches. For a fence of this type there shall be no more than three horizontal members. (2) For a fence or other solid structure whose chief covering members are constructed in a horizontal direction there shall be no openings in a vertical direction. (3) All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device designated to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use and to prevent a small child from opening such door or gate; provided, however, that the door of any dwelling occupied by human beings, and forming any part of such enclosure, need not be so equipped. (b) All latches or locking devices on doors or gates as required by this section shall be installed not less than four feet, six inches, above the adjoining walks, steps or ground level. No self-closing gate required by this section shall have a width in excess of four feet unless the design is specifically approved by the city building official. In no event shall a gate which serves a driveway qualify as a self-closing gate for the protection of swimming pools under the requirements of this section. 5-223 Fences and gates - Waiver for inaccessibility. The requirements of this article relating to a fence or other solid structure surrounding a swimming pool, hot tub or spa on all sides may be waived to the extent that the topographical features of the land upon which the pool is constructed or is proposed to be constructed are such as to make the land inaccessible and unapproachable from any portion thereof which is unfenced and unenclosed. 5-224 Fences and gates - Covered pools. (a) All permanent swimming pool covers shall be considered adequate enclosure protection as required in this article; provided, that: (I) All exterior openings are constructed as required for gates; (2) Exterior walls are solid and impenetrable. Pool cover structures shall conform to all requirements of the city building code in effect at the time of construction. (b) All hot tub and spa covers shall be considered adequate enclosure protection as required by this article; provided, that when not in use, hot tubs or spas are covered by a solid cover capable of supporting 50 pounds. 5-225 Excavation walls - Distance from slope - Walkway. (a) Swimming pool excavations and swimming pools partially completed shall be protected and guarded against danger to life and property. Such excavations shall have walls of masonry or concrete of sufficient strength to retain the embankment together with any surcharged loads. No swimming pool or swimming pool excavation shall extend within one foot of the angle of repose or natural slope of the soil under any footing or foundation unless: Page 20 Federal Way City Code (I) Such footings or foundations are first properly pinned or protected against settlement; or (2) The swimming pool wall is designed, through rational engineering analysis, to support the surcharge created by the building or structure resting on such footing or foundation. (b) Notwithstanding the proximity of a swimming pool to a foundation or footing allowed by angle of repose, there shall be permanently maintained walkways between buildings and a swimming pool of not less than three feet in width. Diving boards and other permanently attached swimming pool accessories constructed along the perimeter of the pool shall in the aggregate not exceed five percent of the perimeter distance of the pool. 5-226 Appeals. Appeals made from any ruling under this article, except rulings or decisions pertaining to enforcement of this article, shall be pursuant to FWCC 5-6. 5-227 - 5-245 Reserved. Article IX. MOVING BUILDINGS Sections: 5-246 Purpose and scope. 5-247 Definitions. 5-248 Classification of movements. 5-249 Permit required. 5-250 Application for permit. 5-251 Fees. 5-252 Deposits - Insurance. 5-253 Conditions for issuance of permits. 5-254 Escort. 5-255 Time. 5-256 Lights. 5-257 Notice to utilities. 5-258 Condition oflot. 5-259 Appeal process. 5-260 - 5-319 Reserved. 5-246 Purpose and scope. It is the purpose of this article to establish standards, including minimum requirements for the moving of all buildings and other structures within the corporate limits of the city, and to provide for the issuance of a permit, collection of various fees, and inspectional services for all such movements. 5-247 Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Building shall mean and include every building, house, structure or other like object. Housemover shall mean any person engaged in the business of moving houses, buildings, structures or other like objects. Substantially remodeled shall mean any building when the total cost of all alterations or repairs (including without limitation electrical, mechanical, plumbing, and structural changes) to such building completed during any 12-month period from the date of application to move a building exceeds 60 percent of the assessed value of the building for purposes of general taxation. Page 2\ Federal Way City Code 5-248 Classification of movements. The movement of buildings under the provisions of this article shall be classified as follows: (I) Class I move is the movement of any building from an origin outside the city to a destination within the city; (2) Class II move is the movement of any building from one point within the city to another point within the city; (3) Class III move is the movement of a building from a point within the city to a destination outside the city; and (4) Class IV move is the movement of any building through the city with both an origin and destination outside the city. 5-249 Permit required. No person shall move any building over, upon, along or across any public street without a written permit therefor from the city for all such moves as classified and defined in this article. 5-250 Application for permit. Application for a permit under this article shall be furnished by the city. The application for permit shall contain, or have attached thereto the following information: (1) Name and address of applicant; (2) Location of building to be moved (present address if assigned); (3) Location of proposed site to which building is to be moved (include legal description); (4) Date and time requested for movement; (5) Map or description of requested route to be taken; (6) Height, width and length of building to be moved and truck or equipment to be used for moving the building; and (7) Classification of movement. 5-251 Fees. (a) Every applicant before being granted a permit under this division shall pay an application filing fee as shall be established from time to time by the city and on file in the office of the city clerk. (b) For any application for a Class I or II move under this article, there shall be charged and collected an inspection fee in an amount as shall be established from time to time by the city and on file in the office of the city clerk. 5-252 Deposits - Insurance. An application for a permit under this article shall be accompanied by the following: (I) A cash deposit or corporate surety bond in the sum of $1,000 or such greater amount as the building official determines necessary as indemnity for any damage which the city may sustain by reason of damage or injury to any highway, street or alley, sidewalk or other property of the city, which may be caused by or be incidental to the removal of any building over, along or across any street in the city and to indemnify the city against any claim of damages to persons or private property; (2) A public liability insurance policy providing $100,000 or such greater amount as the building official determines necessary to satisfy any claim by private individuals, firms or corporations arising out of, caused by, or incidental to the moving of any building over, along, or across any street in the city; and (3) A cash deposit or a corporate surety performance bond in the sum of $500.00 or such greater amount as the building official determines necessary conditioned upon the permittee, within six months from the date of the issuance of such permit: a. Completing the construction, painting and finishing of the exterior of the building. b. Faithfully complying with all requirements of this article, the building code, the zoning ordinance, the other ordinances then in effect within the city, including but not limited to permittee completing such work within six months to the date of the issuance of such permit. Page 22 Federal Way City Code In the event the provisions of this subsection are not complied with within the time specified, the sum of $500.00 shall be forfeited to the city as a penalty for the default, and this shall be in addition to any other penalties provided for failure to comply within the terms of this article. 5-253 Conditions for issuance of permits. As a condition of securing the permit for a Class I or II move: (I) The permittee shall furnish the city with a set of plans and specifications for the completed building to include a plot plan showing in detail the placement of the proposed structure upon the lot within the city. Class I and Class II residential buildings which are substantially remodeled and all nonresidential buildings shall meet all requirements set forth in this Code for new structures; (2) The permittee shall provide certification of sewer and water availability from the local utility or site approval for installing a private sewer system (septic system); and (3) Class I and Class II buildings shall be inspected by the city before they are moved. Residential buildings shall be inspected for compliance with minimum housing standards as required by the Uniform Housiag Code International Property Maintenance Code as adopted by the city pursuant to Article VII, "hol:lsiag standards" of this Code. Substantially remodeled residential buildings and nonresidential buildings shall be inspected for compliance with those regulations set forth in this Code that apply to new structures. 5-254 Escort. For Class I, II, III and IV moves, the housemover shall provide at least two off-duty police officers or other appropriate agency employees which provide an escort service for the purpose of regulating traffic along the route such building is being moved; provided, that any such police or special agency escort shall be at the expense of the housemover in addition to any other fees or deposits heretofore required. No variances of the provisions of the permit shall be permitted by the escort. 5-255 Time. Time of the movement of buildings shall be designated by the city. Every permit issued under this article shall become and be void unless such removal shall be completed and the building removed from the public right-of-way within the time specified in the application for such permit; provided, however, that the city may extend such time when the moving of any building is rendered impractical by reason of inclemency of the weather, strikes or other causes not within the control of the housemover. 5-256 Lights. No person moving any building over, upon, along or across any public street shall fail, neglect or refuse to keep a red light (or such other devices as the city may require) at all times at each comer of such building and at the end of any projection thereon while the same is located in or upon any public street. 5-257 Notice to utilities. Before any building shall be moved the housemover shall give written notice to the public utilities or agencies designated in the application not less than three days in advance of the proposed move. 5-258 Condition of lot. After the completion of any Class II or III move the area or lot upon which the structure was formerly located shall be cleaned up and satisfactorily graded; the sanitary sewer connection, if one exists, shall be plugged and marked; the water meter shall be removed and the line satisfactorily capped and marked; the electrical and telephone lines removed; and all trash removed therefrom to the satisfaction of the building official. 5-259 Appeal process. Any appeals of any decision rendered pursuant to this article shall be made to a hearing examiner appointed by the city. Procedural rules concerning appeals shall be as provided in process I of Chapter 22 FWCC, Zoning. Page 23 Federal Way City Code 5-260 - 5-319 Reserved. Article X. ELECTRICAL CODE Sections: 5-320 Electrical codes adopted. 5-321 Effect of chapter on existing wiring. 5-322 Amendments. 5-323 - 5-339 Reserved. 5-320 Electrical codes adopted. (a) Adoption by reference. The following codes as presently constituted or as may be subsequently amended, are all adopted as amended, added to, or excepted in this chapter, together with all amendments and additions provided in this title, and shall be applicable within the city: (1) The National Electrical Code (NEe), ~ 2005 Edition, as published by the National Fire Protection Association; (2) The laws; rules and regulations for installing electrical wiring and equipment set forth in Chapter 19.28 RCW; (3) The following chapters of the Washington Administrative Code: a. Chapter 296-43 WAC, Heating Installation; b. Chapter 296-45 WAC, Safety Standards, Electrical Workers; c. Chapter 296-46(B) WAC, Electrical Safety Standards, Administration, and Installation. (b) Purpose. This chapter is enacted as an exercise of police power of the city for the benefit of the public at large. It is not intended to create a special relationship with any individual, or individuals, or to identify and protect any particular class of persons. The purpose of this- chapter is to provide minimum standards to safeguard life or limb, health, property and public welfare, by regulating and controlling building construction and work related thereto. 5-321 Effect of chapter on existing wiring. The provisions of this chapter are not intended to apply to electrical installations in existence at the time of its adoption, except in those cases which, in the opinion of the building official, are found to be dangerous to life or property, and except as is otherwise specifically provided in this chapter. 5-322 Amendments. The following amendments to the codes adopted in FWCC 5-320 are hereby adopted: Section 204 of the Uniform Administrative Code, as adopted by this chapter, is hereby amended to read as follows: (1) Section 204. Appeals. 204.1 General. Appeals of decisions or determinations made by the building official relative to the application and interpretation of this Code, except orders, rulings or decisions pertaining to enforcement of this Code, shall be made to the hearing examiner pursuant to FWCC 5-6. 204.2 Limits of Authority. The hearing examiner shall have no authority relative to the interpretation of the administrative provisions of this Code nor shall the hearing examiner be empowered to waive requirements of this Code. 204.3 Enforcement. Civil enforcement of the provisions of this Code and the terms and conditions of any permit or approval issued pursuant to this Code shall be governed by Chapter 1 FWCC, Article III, Civil Enforcement of Code, Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city Page 24 Federal Way City Code including, but not limited to, criminal sanctions as specified herein or in Chapter I FWCC, Articles II, III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this Code. (2) Section 301.1.3 of the Uniform Administrative Code Provisions for the NEC is amended to read as follows: (b) Exempt work. An electrical permit shall not be required for the following: I. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by this Code. 2. Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same locations. 3. Temporary decorative lighting. 4. Repair or replacement of current-carrying parts of any switch, contractor or control device. 5. Reinstallation of attachment plug receptacles, but not the outlet therefore. 6. Repair and replacement of any over current device of the required capacity in the same location. 7. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. 8. Tapingjoints. 9. Removal of electrical wiring. 10. Temporary wiring for experimental purposes in suitable experimental laboratories. 11. The wiring for temporary theater, motion picture or television stage sets. 12. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its functions as a serving utility. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this Code or any other laws or ordinances of the jurisdiction. 5-323 - 5-339 Reserved. Article XI FIRE CODE Sections: 5-340 Definitions 5-341 Fire code adopted 5-342 Amendments 5-343 Smoke Detectors 5-344 Sprinkler Installation 5-345 - 5-359 Reserved. Page 25 Federal Way City Code 5-340 Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Board of appeals shall mean the hearing examiner appointed by the city pursuant to process I of Chapter 22 FWCc. Zoning. Fire detection system shall mean a heat and/or smoke detection system monitored by a central and/or remote station conforming to the current requirements of the National Fire Protection Association standards and/or the fire chief or designee. Fire sprinkler system shall mean an integrated system of piping connected to a water supply with sprinklers which will automatically initiate water discharge over a fire. conforming to the current requirements of the National Fire Protection Association standards and/or the fire chief or designee. Life safety/rescue access shall mean an unobstructed access to all floor levels and each roof level of a building on not less than 20 percent of the building perimeter by utilizing a 35-foot ladder. An alternate method would be at least one stairway enclosure with exit doorways from each floor level and with a door opening onto each roof level which conforms to the requirements of the International Building Code. 5-341 Fire Code adopted. The following code. as amended. added to. or excepted in this chapter. together with all amendments and additions provided in this title, are adopted and shall be applicable within the city: (l) The followinf!: chapter of the Washington Administrative Code as presently constituted or as may be subsequently amended: a. Chapter 51-54 WAC - State Building Code Adoption and Amendment of the 2006 Edition of the International Fire Code including Appendices B. C. E and F. State amendments to Sections 308.3.4. 308.3.5, 308.3.7, 503.1 - 503.4 and Sections 903.2.10.3 and 3006.4 are not adopted for any buildings. 5-342 Amendments. The following amendments to the fire code adopted in FWCC 5-340 are hereby adopted: (1) Section 307.1.1 is amended to read as follows~ Prohibited open burning. Open burning within the city limits that is offensive or obiectionable because of smoke or odor emissions or when atmospherio conditions or local ciroumstanoes make sueh fires hazardous shall be prohibited. (2) Section 906.1 exception to item 1 is deleted in its entirety: 1. In new and existing Group A B. E, F, H. L M, R-l. R-2, R-4 and S occupancies. Exoeption: In new and existing GrouP .^.. Band E oooupanoies equipped throughout ',vith quiok response sprinklers. portable fire extinguishers shall be required only in locations specified in Items 2 through 6. (3) Section 1008.1.8.3 item 2.1 is deleted in its entirety: 2.1 The looking devioe is readily distinguishable as looked. (4) Section 3304.1 is amended in its entirety to read as follows: Cel!81'lil1. St€!fag@ €If IHEf'lI€!si'nils 8tU. lmpl€!si';@ mat€rials, small 8.ml.8 ammtlftiti€!ft, small arm. prim@rs. pr€!p@lhmt 8.11tttat@d @aftridg@s aftd 8m€lhlllSS pf€!p€llaftt8 ift magazift@s, shallll€!~lj' '.vith th@ pf€!':i8i€!ft8 €lf this s@@ti€lft. General. The storage of explosives and blasting agents within the city is prohibited. Exception. The fire chief may issue a special permit for such storaf!:e where it appears in his or her iudgment there will be no undue danger to persons or property. Page 26 Federal Way City Code 5-343 Fire detection system. All occupancies exceeding 3,000 square feet gross floor area shall be required to provide an approved automatic fire detection system. Fire walls as noted in Section 705 of the International Building Code shall not be considered to separate a building to enable deletion of the required fire detection system. Exceptions: (a) Group U or R. Division 3, occupancies; (b) Occupancies protected throughout by an approved/monitored automatic sprinkler system can delete heat detectors from the system. 5-344 Sprinkler Installation. Fire sprinkler systems shall be installed: In all Group R. Division 3, occupancies exceeding 2500 square feet gross floor area (including attached garages) without adequate fire flow except as cited. In all R-3 occupancies without approved fire department access as defined in Section 503 of the International Fire Code. In all Group R. Division 2, occupancies having three or more levels or containing five or more dwelling units and Group R. Division 1 occupancies having three or more floor levels or containing 10 or more €West rooms. Quick response standard sprinkler heads shall be used in accordance with their approved listing in the dwelling unit and guest room portions of the buildings. For the purposes of this section, condominiums shall be treated as apartments. For the purpose of this section. a floor level shall be defined as "that portion of a building included between the upper surface of any floor and the surface of the next floor or roof above." Fire walls as noted in Section 705 of the International Building Code shall not be considered to selJarate a building to enable deletion of the required fire sprinkler system. In Group A occupancies that are used as nightclubs and discos where no alcohol is served and where the total gross floor area exceeds 5.000 square feet. Fire walls as noted in Section 705 of the International Building Code shall not be considered to separate a building to enable deletion of the required fire sprinkler System. . In all other occulJancies requiring 2,000 gallons per minute or more fire flow, or where the total floor area included within the surrounding exterior walls on all floor levels, including basements. exceeds 5.000 square feet. Fire walls, as noted in Section 705 of the International Building Code, shall not be considered to separate a building to enable deletion of the required fire sprinkler system. Group U occupancies are excepted from this subsection. In all occupancies where the building is classified as an overwater structure. 5-345 - 5-359 Reserved. IIDOCUMENT\2007 Building Code ChangelChapter 5.ooc Page 27 Federal Way City Code ATTACHMENT B Chapter 8 FIRE PREVENTION AND PROTECTION Articles: I. In Ceneral Fireworks II. Standards III. Smoke Deteetors IV. Fireworks Artiele I. IN CENERAL Seetions: g 1 Pl:H'pose. g 2 Interpretation. g 3 Smoking areas. g 1 .^Jterations, repairs and additions to buildings. g 5 Fire proteetion of high rise buildings. g 6 g 25 Reserved. 8 1 Purpose. The purpose of this ohapter is not to ereate or otherwise establish or desigaate any partioular elass or group of perSORS who '.",ill or should be espeoially proteoted or beaefitted by the terms of this chapter. (Ord. No. 99 340. ~ 2, 5 4 99) 8 2 Interpretation. (a) Whenever the following words appear in the oodes and regulations adopted by this ohapter, they shall be interpreted as follows: (1) .^..dministrati'le authorit), shall mean the building offioial. (2) Chief, fire ohief or ohief of the bureau of fire preyention shall mean the fire ohief of the Federal Way fire department. (3) City treasurer shall mean the direotor of administration and finanoe. (1) Corporation oounsel shall mean the oity attorney. (5) High rise buildings shall mean all buildings seven or more stories or having floors used for human oooupanoy looated more than 55 feet above the lowest level of fire department 'fellicle aooess. (6) Mooioipality andjurisdiotion shall mean the oity of Federal "V-lay. (7) Board of appeals shall mean the hearing eJtaminer appointed by the oity. (b) Wheneyer referenoe is made to loeal authority, oodes, jurisdiotion and similar ooaoepts within the oodes adopted by this ohapter, interpretation shall render such referenoe applieable to the applieable oity designation, jurisdiction and authorit),. (Ord. No. 92 127, ~ 1, 2 4 92; Ord. No. 99 340, ~ 2, 5 4 99) 8 3 Smoking areas. The fire chief is empo'.vered and authorized to order the owner or occupant in writing to designate smoking and nonsmoking areas and to post those areas with appropriate signs as defined and required in Chapter 70.160 RCW as it relates to the Washington Clean Indoor Air Act. (Ord. No. 99 310, ~ 2, 5 4 99) Page I Federal Way City Code 8 4 l\lterations, repairs and additions to buildings. The provisions of this chapter shall apply to all buildings v:hich are altered or repaired one or more times during any 70 month period, where the value of the alterations or repairs during that period exceeds 50 percent of the building's assessed value as determined by the King County auditor as of the date the first permit applioation f{)r suoh alterations or repairs is submitted to the oity. Any addition to an existing struoture shall be oonsidered new construotion subjeot to the proyisions of this ehapter. (Old. No. 99 310, ~ 2, 5 1 99) 8 5 Fire prateetian of high rise buildings. High rise buildings shall be proyided '.'lith fire proteotion systems in aeeordanoe with Uniform Building Code Seetions 103.2 through 103.10 and Uniform Building Code Chapter 9 as adopted by this Code. (Of4. No. 99 340, ~ 2, 5 '1 99) 8 6 8 25 Reserved. Artiele II. STANDARDS Seotions: Division 1. Generally g 26 8 35 Reserved. Division 2. .^.dministration 8 36 Authority to adopt rules and regulations. 8 37 l\dditional eonditions. 8 38 Liability. g 39 Uniform Fire Code Section 103.1.1 amended Board of appeals. 8 40 Ci'/il enforcement. g 11 8 5Q Reserv:ed. Division 3. Fire Code g 51 Code adopted. g 52 Amendments. 8 53 Ne\v materials, processes or ocoupanoies which may require permits. 8 51 Struetures D'/er \vater. 8 55 8 65 Reserved. Division 1. Fire Alarms and Sprinkler Systems Page 2 Federal Way City Code ~ ~ ~ ~ Page 3 -- ,--~------------------------- -- federal Way City Code ~ ~ ~ ~ ~ ~ page 4 99 310)~ 1,5 4-991 Federal Way City Code ~ Page 5 Federal Way City Code Pir<: sprinkler system shall mean an integrated system of piping connected to a water supply v:ith sprinklers 'Nhioh '""ill automatioally initiate '.vater discharge over a fire, conforming to the ourrent requirements of the National Fire Proteotion Association standards and/or the fire chief or designee. Life saf<:ty/rcscuc ac<:css shall mean an unobstructed aooess to all floor levels and each roof le'lel of a building on not less than 20 percent of the building perimeter by utilizing a 35 foot ladder. :\n alternate method would be at least one stairway enolosure with exit doorways from eaoh floor level and with a door opening onto each roofle',<el whioh eonforms to the requirements of the Uniform Building Code. (Ora. No. 90 33, ~ 67,2 13 90; Ord. No. 92 127, ~ 5,2 1 92; Ord. No. 99 310, ~ 5,5 1 99) 8 67 Life safetylreseue aecess. (a) .^Jl ocoupanoies shall be required to provide approved life safety/rescue aooess. (b) The following are exoeptions to this seotion: (1) Group U occupancies; and (2) Roof aocess need not be provided to roof levels ha';ing a slope greater than four in 12. (Ora. Ne. 90 33, ~ 68(A), 2 13 90; Ora. No. 99 310, ~ 5, 5 1 99) 8 '8 Fire detectioR system. (a) 1\11 ocoupanoies exceeding 3,000 square feet gross fleor area shall be required to pro';ide an approved automatic fire deteotion system. :\rea separation 'Nalls as noted in Seotion 501.6 of the Unif-offfi Building Code shall not be oonsidered to separate a bl:lilding to enable deletion of the required fire deteotion system. (b) The f-ollov:ing are exoeptions to this seotion: (1) Group U or R, Di':ision 3, oocupaneies; (2) Ocoupanoies protected throughout by an approved/monitored automatio sprinkler system oan delete heat deteotors from the system. (Ora. Ne. 90 33, ~ 68(B), 2 13 90; Ord. No. 99 310, ~ 5,5 1 99) 8 69IRstallatioR. Fire sprinkler systems shall be installed: (1) In all Group R, Diyision 3, ocoupancies exceeding 2,500 square feet gross floor area (including atlaehed garages) without adequate fire flow exoept as oited. (2) In all R 3 occupancies 'Nithout approved fire department aocess as defined in Section 901 of the Uniform Fire Code. (3) In all Group R, Division 1, oecupanoies ha';ing three or more levels or containing five or more dwelling units and hotels having three or more floor levels or oontaining 10 or more guest rooms. Quiek response standard sprinkler heads shall be used in aocordance v:ith their approved listing in the dwelling unit and guest room portions of the buildings. For the purposes of this seotion, condominiums shall be treated as ~partments. For the purpose of this section, a floor level shall be defined as "that portion of a building included between the upper surface of any floor and the surface of the next floor or roof above." Area separation walls as noted in Seetion 501.6 of the Unif-orm Building Code shall not be oonsidered to separate a building to enable deletion of the required fire sprinkler system. (<I) In Group A occupanoies that are used as nightelubs and disoos where no aloohol is served and where the total gross floor area exoeeds 5,000 square feet. Area separation walls as noted in Seotion 501.6 of the Uniform Building Code shall not be considered to separate a building to enable deletion of the required fire sprinkler system. (5) In all other occupanoies requiring 2,000 gallons per minute or more fire flow, or '",here the total floor area included 'Nithin the surrounding exterior ..valls on all floor le'lels, including basements, exoeeds 10,000 square feet. f.rea separation '.valls, as noted in Section 50<1.6 of the Uniform Building Code, shall not be considered to separate a building to enable deletion of the required fire sprinkler system. Group U occupancies are excepted from this subsection. Page 6 Federal Way City Code (6) In all ocoupancies where the building is classified as an overwater structure. Card. No. 90 33, ~ 68CC),2 13 90; Ord. No. 99 310, ~ 5,5 1 99) 8 70 8 90 Reserved. Article III. SMOKE DETECTORS Sections: S 91 Testing and maintenance. S 92 Transfer of d'Nelling unit. S 93 Removal or tampering. g 91 g 120 Reserved. 8 91 Testiag aad mlliateaaaee. IRstallation of an approyed smoke deteotion deyioe shall be the responsibility of the o'.vner. Maifttenance of suoh devioe shall be the responsibility of the tenant or oool:lpant. Maintenance Shall include the perf-ormanoe of such tests of the required smoke deteotor as are recommended by the manufachlrer, at intervals of not less than once a month. Maintenance also requires that if the smoke detector is battery operated, ne"v batteries shall be installed whenever the unit emits a low battery signal, or a minimum of once each year 'Nhether or not a low battery signal is present. Card. No. 90 61, ~ 3, 7 3 90; Ord. No. 99 310, ~ 6, 5 1 99) 8 92 Trllasfer of dwelling uait. It shall be unlawful for any person to oonvey fee title to any real property which inoludes a dwelling unit, or transfer possession of any dwelling unit pursuant to a land sale oontract, unless there is a properly operating smoke detector in the d....,elling unit which has been installed in aeeordance with this artiele. Effeoti'lc upon the sale or transfer of title of a d\velling unit, it shall be the duty of the seller or transferor to eertify to the buyer or transferee in ....'fiting that all smoke deteotors required by this article are installed and in proper working order. Card. No. 90 61, ~ 1, 7 3 90; Ord. No. 99 310, ~ 6,5 1 99) 8 93 Removal or tamperiag, It shall be unlawful for any person to remove a properly functioning smoke detector installed in eonformance with this article unless it is replaced. It shall be unlav/ful for any person to remove batteries or in any other '/lay make inoperable or interfere with the effecti'leness of a smoke detector installed in conformance with this artiole, except that this provision shall not apply to any owner or owner's agent in the normal prooedure of replacing batteries. Card. No. 90 61, ~ 5, 7 3 90; Ord. No. 99 310, ~ 6, 5 1 99) 8 94 8 120 Reserved. Article I W, FIREWORKS 1 Sections: Division 1. Generally 8-1 - 8-120 Reserved 8-121 Definitions. Page 7 Federal Way City Code 8-122 Findings of fact. 8-123 Implementation of statutes. 8-124 Civil enforcement. 8-125 Exception. 8-126 Sale of fireworks unlawful. 8-127 Possession, use and discharge of fireworks unlawful. 8-128 Use of fireworks in public parks and on public land. 8-129 Special effects for entertainment media. 8-130 - 8-140 Reserved. Division 2. Permits 8-141 Required - Display of fireworks. 8-142 Application for public display permit. 8-143 Permit fees. 8-144 Issuance - Nontransferable - Voiding. 8-145 - 8-170 Reserved. Division 3. Fireworks Display Regulations 8-171 Compliance. 8-112 State-licensed pyrotechnician required. 8-173 Permit required - Contents. 8-174 Plan view of site. 8-175 Reinforcement of fire protection. 8-176 Removal of debris, trash. 8-177 Disposal of undischarged fireworks. 8-178 Fire extinguishers - Blanket required. 8-179 Revocation of permit. 8-180 Areas of public access. Division 1. Generally 8-1 - 8-120 Reserved 8-121 Definitions. (a) The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (b) The definitions of Chapter 70.77 RCW as now stated or hereafter amended shall govern the construction of this article, when applicable. RCW 70.77.120 through 70.77.230 as now stated or hereafter amended are adopted by reference and a copy of the same shall be kept on file in the office of the city clerk for public use and inspection. In addition, the following term is defined: Dangerous fireworks shall mean any firework not defined as a "common firework" under the provisions ofRCW 70.77.136. (Ord. No. 90-54, 9 1,4-17-90; Ord. No. 92-147, ~ 2. 6-23-92) 8-122 Findings offact. The city council hereby adopts the document, entitled "Proposed Prohibition of Fireworks Sale or Use in Federal Way," prepared by King County Fire Protection District No. 39, and makes the following findings of fact: Page 8 Federal Way City Code (1) The risks of fires and the danger to public safety and property damages are increased by the sale and use of fireworks within the city. (2) The types of fireworks involved in fires within the city include both the illegal (dangerous) fireworks, and legal (common) fireworks as defined in RCW 70.77.136. (3) Banning the use of all fireworks within the city is rationally related to the city council legislative purpose of reducing and/or eliminating the risk of major property damage and risk to public safety which results from the sale, possession and use of any fireworks. (Ord. No. 92-147, 9 1,6-23-92) 8-123 Implementation of statutes. This article is intended to implement Chapter 70.77 RCW, and shall be construed in connection with that law and any and all rules or regulations issued pursuant thereto. (Ord. No. 90-54,9 18,4-17-90; Ord. No. 92~147, S 12,6-23-92) 8-124 Civil enforcement. Notwithstanding any provision in this article or in any code adopted hereunder to the contrary, civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed by Chapter 1 FWCC, Article Ill, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein, nuisance and injunction actions, or other civil actions. (Ord. No. 90-54, S 19,4-17-90; Ord. No. 92-147, 9 13,6-23-92; Ord. No. 99-340, 9 7,5-4-99) 8-125 Exception. This article does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities. (Ord. No. 90-54, 9 16,4-17-90; Ord. No. 92-147, 9 11,6-23-92) 8-126 Sale of fireworks unlawful. It is unlawful for any person to sell any fireworks within the city; provided, that this prohibition shall not apply to duly authorized public displays. (Ord. No. 90-54, S 2, 4-17-90; Ord. No. 92-147, 9 2, 6-23-92) 8-127 Possession, use and discharge of fireworks unlawful. Except as authorized by state license and city permit granted pursuant to RCW 70.77.260(2), public display, or RCW 70.77.311(2), use by group or individual for religious or other specific purpose on approved date and as approved location, it is unlawful for any person to engage in the retail sale of, or to sell, possess, use, transfer, discharge or explode any fireworks of any kind within the city. (Ord. No. 90-54, 9 3, 4-17-90; Ord. No. 92-147. 9 3. 6-23-92) 8-128 Use of fireworks in public parks and on public land. It shall be unlawful for any person to discharge or possess any fireworks upon public land or in any public park, owned by the city; provided, however, nothing in this section shall be deemed to limit the authority of the city council to allow event display of special fireworks under a permit issued in accordance with the provisions of this article. (Ord. No. 90-54,9 14,4-17-90; Ord. No. 92-147, 9 9, 6-23-92) 8-129 Special effects for entertainment media. This article does not prohibit the assembling, compounding, use and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio or television productions, theatricals or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the city to purchase, possess, transport or use such fireworks. (Ord. No. 90-54, 9 15,4-17-90; Ord. No. 92-147,9 10,6-23-92) Page 9 Federal Way City Code 8-130 - 8-140 Reserved. Division 2. Permits 8-141 Required- Display of fireworks. It is unlawful for any person to hold, conduct or engage in a public display of fireworks within the city without first having obtained and being the holder of a valid permit issued pursuant to the provisions of this division. (Ord. No. 90-54, S 4, 4-17-90; Ord. No. 92-147. S 4,6-23-92) 8-142 Application for public display permit. Applications for a permit to hold, conduct or operate a public display of fireworks as defined under Chapter 70.77 RCW shall be made to the building official for a permit. Such a permit shall also require the approval of the fire chief or designee. Applications shall be made at least 14 days prior to the scheduled event. Applicants shall meet all qualifications and requirements of state law regarding public display of fireworks and all fire and safety requirements as set forth in the standards for public display and, in particular, shall hold a pyrotechnic operator license issued by the state as defined by Chapter 70.77 RCW and Chapter 212-17 WAC. (Old. No. 90-54, ~ 8,4-17-90; Old. No. 92-147. S 7,6-23-92) 8-143 Permit fees. The fee for a public display permit for the public display of fireworks shall be $100.00, payable in advance. (Old. No. 90-54,96,4-17-90; Old. No. 92-147, S 5, 6-23-92) 8-144 Issuance- Nontransferable - Voiding. Each public display permit issued pursuant to this division shall be valid for the specific authorized public display event only, shall be used only by the designated permittee and shall be nontransferable. Any transfer or unauthorized use of a permit is a violation of this division and shall void the permit granted in addition to all other sanctions provided in this division. (Old. No. 90-54, S 7,4-17-90; Old. No. 92- 147, S 6,6-23-92) 8-145 - 8-170 Reserved. Division 3. Fireworks Display Regulations 8-171 Compliance. All public fireworks displays shall conform to the minimum standards and conditions set out in this division. (Old. No. 90-54, S 12,4-17-90; Old. No. 92-147, S 8,6-23-92) 8-172 State-licensed pyrotechnician required. All public fireworks displays shall be planned, organized and discharged by a state-licensed pyrotechnician. (Old. No. 90-54, S 12(A), 4-17-90; Old. No. 92-147, S 8(A). 6-23-92) 8-173 Permit required- Contents. A permit shall be obtained from the city and approved by the fire chief or designee prior to any display of public fireworks. The permit shall include the name of the applicant and his or her address, the name of the pyrotechnician and his or her address; the exact location, date and time of the proposed display; the number, type and class of fireworks to be displayed, the manner in which the fireworks are being stored prior to the public fireworks display; and shall include the name and address of the insurance company providing the bond required. (Old. No. 90-54, S 12(8),4-17-90; Old. No. 92-147, S 8(8),6-23-92) Page 10 Federal Way City Code 8-174 Plan view of site. A drawing shall be submitted to the fire chief showing a plan view of the fireworks discharge site and the surrounding area within a 500-foot radius. The drawing shall include aU structures, fences, barricades, streets, fields, streams and any other significant factors that may be subjected to ignition or that may inhibit firefighting capabilities. (Ord. No. 90-54, 9 12(C), 4-17-90; Ord. No. 92-147, 9 8(C), 6-23-92) 8-175 Reinforcement of fire protection. When, in the discretion of the fire chief, such requirement is necessary to preserve the public health, safety and welfare, the permit may require that a Federal Way fire department pumper and a minimum of two trained firefighters shall be on site 30 minutes prior to and after the shooting of the event. Firefighters shall receive a minimum compensation as per the Washington State Chiefs Association's fee schedule. All compensation for fire department apparatus will be as per the Washington State Chiefs Association's fee schedule and shall be designated to the general fund. (Ord. No. 90-54, 9 12(D), 4-17-90; Ord. No. 92-147, 9 8(D), 6-23-92; Ord. No. 99-340, 9 8, 5-4-99) 8-176 Removal of debris, trash. AU combustible debris and trash shall be removed from the area of discharge for a distance of 300 feet in all directions. (Ord. No. 90-54, 9 12(E), 4-17-90; Ord. No. 92-147, 9 8(E), 6-23-92) 8-177 Disposal of undischarged fireworks. All un fired, or "dud," fireworks shall be disposed of in a safe manner. (Ord. No. 90-54, S 12(F), 4-17-90; Ord. No. 92-147, S 8(F), 6-23-92) 8-178 Fire extinguishers- Blanket required. A minimum of two 2A-rated pressurized water fire extinguishers and one fire blanket shall be required to be at the fireworks discharge site. (Ord. No. 90-54, 9 12(G), 4-17-90; Ord.No. 92-147, 9 8(G), 6-23-92) 8-179 Revocation of permit. The permit may be immediately revoked at any time deemed necessary by the fire chief or designee due to any noncompliance, weather conditions such as extremely low humidity or wind factor. The display may also be canceled by accidental ignition of any form of combustible or flammable material in the vicinity due to falling debris from the display. (Ord. No. 90-54, 9 12(H), 4-17-90; Ord. No. 92-147, 9 8(H), 6-23-92) 8-180 Areas of public access. Areas of public access shall be determined by the fire chief or designee and maintained in an approved manner. (Ord. No. 90-54, 9 12(1),4-17-90; Ord. No. 92-147, 9 8(1),6-23-92) Footnotes I Editor's note - Codified in this article is Ordinance No. 92-147 adopted on June 23, 1992, and effective on June 23, 1993. The law regarding fireworks prior to June 23, 1993 is on file in the city clerk's office. 1:\DOCUMENT\2007 Building Code Change\Chapter g.doc Page II I~ , ').D/)-; COUNCIL MEETING DATE: Octohcr.~OO'i' ITEM #: ~ 5-e- CITY ()F FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Proposed Ordmance To Add a New Section to Chapter I, Artlclc [[[ of the Federal Way City Code (FWCC) to Authorize Code Enforcement to issue Clvd InfractIOns for Code Violations. POLlCY QUESTION: SHOULD THE CITY COUNCIL APPROVE TflE PROPOSED ORDINANCE TO ADD A NEW SECTION TO CHAPTER 1, ARTICLE III OF THE FEDERAL WAY CITY CODE TO AUTHORIZE CODE ENFORCEMENT TO ISSUE CIVIL INFRACTIONS FOR CODE VIOLATIONS? COMMITTEE: LAND USE AND TRANSPORTATION MEETING DATE: 9/17/2007 CA TEGORY: o Consent o City Council Business [ZJ Ordinance D Resolution o D Public Hearing Other STAFF REPORT By: MONICA BUCK DEPT: Law On August 14,2007, this issue came before the Parks, Recreation, Human Services and Public Safety Committee for consideration as patt of the criminal law and code enforcement update. The Committee raised some questions regarding the application of the ordinance and the Impact of the ordinance on other enforcement tools. For this reason, the Issue returned to Parks on 9!11/O7 (Parks approved with the addition of 1-25(d) which is highlighted), but is appropriate for consideratIOn by the Land Use and Transportation Committee. To clarify, this civil infraction is intended solely as a code enforcement tool. The Civil Infraction Ordinance does not change the City's authority to issue a Notice of Violation and Order to Correct (NOV) or charge a person with a misdemeanor. The civil infraction ordinance merely gives code enforcement officers another tool to utilize when responding to code violations. Several area cities, including Kent, Tukwila and Burien have enacted civil infraction ordinances in addition to NOVs and misdemeanor enforcement tools. Those cities have found that civil tnfractions are the quickest, cheapest, and most cost effective method for obtaining compliance. Options Considered: I. Recommend approval of the proposed Ordinance and forward to full Council for first reading at the October 2, 2007 City Council meeting. 2. Suggest modifications to the proposed Ordinance and provide direction to staff. 3. .. .....~~jecttheproposed Ordinance. STAFF RECOMMENDATION: Recommend approval of the proposed Ordinance and forward to full Council ~;T:::::~:::i:~:~:;~A~:tobcr 2007 mC(j? OIRECTORApPROVAL' ~~~__ ~~ ~~a~ D COUNCIL MOTION: "[move approval afOption (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) 'e. UNCIL ACTION: . ~ APPROVE~ o DENIED o T ARLEO/DEfERRED/NO ACTION o MOVED TO SECOND REAOlNG (ordinances only) REVISED - 02/06/2006 COUNCIL U1LL # I ST reading Enactment reading ORDINANCE # RESOLUTION # /DI1~)1 COUNCIL MEETING DATE: October 2, 2007 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Proposed Ordinance To Add a New Section to Chapter 1, Article III of the Federal Way City Code (FWCC) to Authorize Code Enforcement to Issue Civil Infractions for Code Violations. POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED ORDINANCE TO ADD A NEW SECTION TO CHAPTER 1, ARTICLE III OF THE FEDERAL WAY CITY CODE TO AUTHORIZE CODE ENFORCEMENT TO ISSUE CIVIL INFRACTIONS FOR CODE VIOLATIONS? COMMITTEE: PARKS RECREATION & PUBLIC SAFETY MEETING DATE: 9/11/2007 CATEGORY: o Consent o City Council Business ~ Ordinance o Resolution o o Public Hearing Other STAFF REpORT By: JENNIFER SNELL DEPT: Law "~-_",_,,_,,,"_'_"_.""""_'.' "." ............................... ..... _....._ ...._....._ . ... . .......... _...... .... on ..... .....,... h' h_._.......__... ... ,... . ..... ..... ......._......__....... .......-.._._............................ ..._........................,........_.... On August 14,2007, this issue came before the Parks, Recreation, Human Services and Public Safety Committee for consideration as part of the criminal law update and code enforcement update to Chapter 1 of the FWCC. The Committee raised some questions regarding the application of the ordinance and the impact of the ordinance on other enforcement tools. To clarify, this civil infraction is intended solely as a code enforcement tool. Because it is exclusively a tool for code enforcement officers, the proposed Ordinance also went to the Land Use and Transportation Council Committee on September 10,2007. The Civil Infraction Ordinance does not change the City's authority to issue a Notice of Violation and Order to Correct (NOV) or charge a person with a misdemeanor. The civil infraction ordinance merely gives code enforcement officers another tool to utilize when responding to code violations. Several area cities, including Kent, Tukwila and Burien have enacted civil infraction ordinances in addition to NOV s and misdemeanor enforcement tools. Those cities have found that civil infractions are the quickest, cheapest, and most cost effective method for obtaining compliance. Options Considered: 1. Recommend approval of the proposed Ordinance and forward to full Council for first reading at the October 2, 2007 City Council meeting. 2. Suggest modifications to the proposed Ordinance and provide direction to staff. ____________________.___?_.:_._____g~j~(;!!h~p~~p~~~~Q_~~i!l:~!1.(;~: ... ... __ .. .______ .. ...._________ . ._________ STAFF RECOMMENDATION: Recommend approval of the proposed Ordinance and forward to full Council for the first readin at the October 2, 2007 meetin . DIRECTOR ApPROVAL: '''{:..:, g;~'~ . ( ~ ~ Commltt e Member HI move approval of Option (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED COUNCIL BILL # o DENIED 1ST reading o T ABLEDfDEFERRED/NO ACTION Enactment reading o MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # ~V'i\'\tt.(.e...1<~t.oMMe~~'CVl : L:::?{.\oV\ 2 . Moet ~ yV'op~ 'FLUc.c. \-2 S -fo ~J!.J... ~v....b~c'f1bV\. C~) \\'fk;s $tc+'~ sl-uu.{ l'lot prec.lUtk. e.rirY\;rt~1 7V-O~CA--'\--to"'- ~ FWCL l-13/(. 'Fcn.uo..rdl +0 LJ^--rc.. l1/r=f/20C:>'"1-. ~ CITY OF '" _ ~ Federal Way ------ -..----...-------- ~------------------_.._-_._--_. CITY ATTORNEY'S OFFICE MEMORANDUM .------ ------...----.,-----,'.-.---- --------.---------.------------------ DATE: SEPTEMBER 12,2007 TO: LAND USE AND TRANSPORTATION COUNCIL COMMITTEE FROM: MONICA BUCK, CITY STAFF ATTORNEY SUBJECT: CIVIL INFRACTION ORDINANCE On August 14,2007, staff presented an ordinance designating civil violations as civil infractions to the Parks, Recreation, Humans Services and Public Safety Council Committee, because it originally contained provisions relating to the police. The Parks, Recreation, Humans Services and Public Safety Council Committee raised some questions regarding the application of civil infractions and the impact of the ordinance on other enforcement tools. On September 11, 2007, staff presented the Parks, Recreation, Human Services and Public Safety Council Committee with an amended ordinance. The Committee approved the ordinance with one minor revision. The attached ordinance reflects the changes that have been made to the ordinance following both the August 14, 2007, and September 11,2007, Parks, Recreation, Human Services and Public Safety Council Committee meetings. The civil infraction ordinance provides another tool for code enforcement officers to use when responding to a complaint of a public nuisance or code violation, and is a tool used in other jurisdictions including the cities of Kent, Tukwila and Burien. Compliance under civil infraction is usually quicker than under a Notice of Violation & Order to Correct ("NOV"). The civil infraction ordinance does not change the City's authority to issue a NOV or charge a person responsible for a violation with a misdemeanor as provided in FWCC 1-13(a). The fact that the City can charge a person criminally for a violation "shall not preclude and shall be deemed to be in addition to administrative and civil remedies as may be set forth in this Code. .." FWCC 1-13(b). The civil infraction ordinance merely gives code enforcement officers another tool to utilize when responding to code violations. In general, a civil infraction is the quickest, cheapest, and most cost effective method for obtaining compliance. Please let us know if you have any additional questions or concerns. K\Memo\2007\Ci,.jl Infraction Ordinance. doc ORDINANCE NO. AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 1, ARTICLE~ II AND III AND ADDING A NEW SECTION TO CHAPTER 1, ARTICLE III OF THE FEDERAL WAY CITY CODE TO AUTHORIZE ENFORCEMENT OF CODE PROVISIONS BY CIVIL INFRACTION. (Amending Ordinance Nos. 89-14,90-68, and 99-342) WHEREAS, the Federal Way City Council is authorized pursuant to RCW 35A.l1.020 to adopt and enforce ordinances relating to and regulating its local and municipal affairs and appropriate to the good government of the City; and WHEREAS, police officers and code enforcement officers diligently work to enforce the proyisions of the City Code; and WHEREAS. civil violations of the Federal Way City Code are detrimental to the oublic health. safety. and welfare; and WHEREAS, enforcement officers and officials are authorized to issue civil infractions to enforce the orovisions of the Federal Way City Code ("FWCC") desi2:nated as infractions or as oenalties: and WHEREAS, the establishment of a system of civil infractions for ciyil violations. as defined under FWCC 1-15. will aid in enforcement. will helo reimburse the City for exoenses of enforcement. and will be a more exoeditious and less exoensiye method of disoosin2: of minor offenses: and WHEREAS. technical changes need to be made FWCC Chaoter 1 Article III to {!fant code ORD# , PAGE I enforcement officers authority to issue civil infractions for civil violations; and WHEREAS. the Citv Council finds it in the best interest of its citizens to clarify and distimmish ciyil yiolations. as defined in FWCC 1-15, from civil infractions. authorized oursuant to FWCC 1-24: 'NHEREA8, pursuant to FV1CC I 13, any violation of the code may be a misdemeanor punishable by a fine of up to $1,000 and up to ninety (90) days in addition to civil penalties; and \VHEREA8, in the interest of justice, certaiR violations ofthe FWCC dORot rise to the level of a criminal violation; and WHEREL^.8, adding a provision that allows police officers or code enforcement offieers the authority to enforce violations with a civil infraction where the violation does not rise to criminal conduct is in the interest of the health, safety, and welfare of the general public; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 1, Article II, Section 1-13, of the Federal Way City Code shall be amended to read as follows: 1-13 General penalty. (a) Unless otherwise provided, any person yiolating any of the provisions or failing to comply with any of the mandatory requirements of this Code or any ordinance of the city, or any rule or regulation adopted by the city council pursuant thereto, shall be guilty of a misderneanor. Except in cases where a different punishment is prescribed by this Code or any ordinance of the city, any person convicted of a misdemeanor under this Code or the ordinances ofthe city shall be punished ORD# , PAGE 2 by a fine not to exceed $1,000 or imprisonment for a period of not more than 90 days or by both such fine and imprisonment. (b) This section shall not preclude and shall be deemed to be in addition to administrative and civil remedies as may be set forth in this Code or ordinances ofthe city, including but not limited to FWCC 1-14 through 1-2;2. (c) Each and every day during any portion of which a violation of any of the provisions of this Code or the ordinances of the city is committed and continues shall be deemed to be a separate offense. (Ord. No. 89-14, ~ 1, 12-19-89; Ord. No. 90-68, ~ 1,7-10-90; Ord. No. 99-342, ~ 3, 5-4-99) SECTION 2. A new section is added to Chapter I, Article ill, Civil Enforcement ofthe Code, of the Federal Way City Code to read as follows: 1-25 Civil violations desi2nated as civil infractions. Unless otherwise provided. any person violating or failing to comply with the pro-:isions of the Federal Way City Code, may be issued a civil infraction pUrS1:lant to PNCC I 24. (a) If. after investigation or after the comolaint of residents or others, the enforcement officer has probable cause to believe that a civil violation has occurred or is occurring. as defined by FWCC l- IS. he/she may issue a civil infraction pursuant to FWCC 1-24 to the property owner or to any person causing. allowing and/or participating in the yiolation. (b) A civil infraction issued pursuant to FWCC 1-24 represents a determination that a civil violation has been committed. This determination is final and conclusive unless contested as provided in Chapter 7.80 RCW. ORD# , PAGE 3 ~ Each ciyil infraction shall carry with it a monetary penalty of$l 00.00 for the first violation. $200.00 for a second violation ofthe same nature or a continuing violation. and $300.00 for a third or subsequent violation of the same nature or a continuing yio1ation. SECTION 45. Ratification. Any act consistent with the authority and prior to the effectiye date of this ordinance is hereby ratified and affirmed. SECTION 6. Corrections. The Citv Clerk and the codifiers ofthis ordinance are authorized to make necessary corrections to this ordinance including. but no limited to. the correction of scrivener/clerical errors, references. ordinance numbering, section/subsection numbers and any references thereto. ORD# , PAGE 4 SECTION $.7. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 2007. CITY OF FEDERAL WAY MAYOR, MIKE PARK ATTEST: CITY CLERK, LAURA HATHA WAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ordinance\2007\Civil Infraction.doc ORD# , PAGE 5 COUNCIL MEETING DATE: October 16, 2007 !!~~#: mm5t: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CINGULAR WIRELESS SITE LEASE RENEWAL - SAGHALIE PARK POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE RENEWAL OF THE WIRELESS SITE LEASE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENTS? COMMITTEE: PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY MEETING DATE: 10/9/2007 CATEGORY: D Consent [gI City Council Business D Ordinance D Resolntion D D Public Hearing Other STAFF REpORT By: PATRICIA RICHARDSON DEPT: Law Cingular Wireless entered into a Lease Agreement with the City on May 28, 2002 for installation and operation of certain equipment on City owned property located at Saghalie Park for use in connection with its wireless telephone communications service. The 2002 Lease Agreement provided for compensation to begin at $1,622.40 and increase 4% per year. The lease expired on September 1, 2007 and Cingular has requested to renew the lease for a five year term pursuant to the terms of the lease. Options Considered: Recommend appr jval of the lease renewal and authorize the City Manger to execute the amendment. 2. Reject the lease renewal. 1. STAFF RECOMMENDATION: Recommend approval of the lease renewal and authorize the City Manager to execute the amendment. CITY MANAGER ApPROVAL' DIRECTOR ApPROVAL: f~ Committee lAIC , Council Council COMMITTEE RECOMMENDATION: PR r (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # AG # 02-061 / Saghalie Park Market: W AJOR/ID Cell Site Name: NE Tacoma Cell Site Number/FA#: WA-696 /10032282 FIRST AMENDMENT TO SITE LEASE AGREEMENT (AG # 02-061) This First Amendment ("Amendment") is dated effective this _day of ,2007, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company("Tenant"). A. The City and Tenant entered into a Lease Agreement dated effectiye May 28th 2002 and commencing on September 1,2002, whereby the City agreed to lease to Tenant a portion ofthe space on and air-space above the City Property, located in Saghalie Park ("Lease"). B. During the term ofthe Lease, Tenant, Pacific Bell Wireless Northwest, LLC, merged into New Cingular Wireless PCS, LLC, a Delaware limited liability company. C. The Lease provided that Tenant may renew the Lease for three (3) additional five (5) year terms under Section 2. D. Under Section 26.b. of the Lease, any modification of or amendment to the Lease must be in writing and executed by both parties. E. The City and the Tenant agree and desire to amend the Lease to renew the term of the Lease for an additional fiye (5) years from the date this Amendment is fully executed. NOW, THEREFORE, in consideration of the rnutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency ofwhich is hereby acknowledged the parties agree to the following terms and conditions: I. Tenant Name The Tenant name shall be changed from Cingular Wireless LLC, a Delaware limited liability company, on behalf of Pacific Bell Wireless Northwest, LLC, a Delaware limited liability company, d/b/a! Cingular Wireless, to the name of New Cingular Wireless PCS, LLC, a Delaware limited liability company due to a merger ofthe two entities as stated in Section B of this Amendment. 2. Term. Pursuant to Section 4 ofthe Lease Agreement, the Lease shall be renewe<;l for an additional fiye (5) year term commencing on September I, 2007, and expiring September 1, 2012, unless renewed pursuant to the terms of the Lease Agreement. - 1 - AG # 02-061 / Saghalie Park Market: W AlOR/ID . Cell Site Name: NE Tacoma Cell Site NumberIF A#: W A-696/ 10032282 3. Notices. Section 18 ofthe agreement shall be amended to change the notices address for the City of Federal Way and New Cingular Wireless PCS, LLC as follows: Ifto City: City Attorney P.O. Box 9718 33325 Eighth Ayenue South Federal Way, WA 98063 With a copy to: City Manger PO Box 9718 33325 Eight Avenue South Federal Way, W A 98063 If to Tenant: c/o New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site: NE Tacoma (F A#: 10032282) 6100 Atlantic Bouleyard Norcross, GA 30071 with a copy to: New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site: NE Tacoma (F A#: 10032282) 5601 Legacy Blvd., Bldg A PIano, TX 75024 4. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. CITY OF FEDERAL WAY By: Neal Beets, City Manager PO Box 9718 Federal Way, WA 98063-9718 - 2 - AG # 02-061 / Saghalie Park Market: W AlOR/In Cell Site Name: NE Tacoma Cell Site NumberlF A#: W A-696 / 10032282 ATTEST: APPROVED AS TO FORM: Laura Hathaway, CMC, City Clerk Patricia A. Richardson, City Attorney TENANT: NEW CINGULAR WIRELESS PCS, LLC, a Delaware Limited Liability Company By: J ames Fugate Network Operations Manager 16221 NE 72nd Way, RTC-3 Redmond, W A 98052 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day personally appeared before me James Fugate, to me known to be the Network Operations Manager of New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company, that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of ,2007. (typed/printed name of notary) Notary Public in and for the State of My cornmission expires K:\telecom\Cingular lease Amend- Saghalie lease renewal.doc - 3 - COUNCIL MEETING DATE: October 16, 2007 ...~ ......................H........... ......................................................... ............................................... ............................................. .................. 5 .E!.~~~_=.._._~... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ~~....~- SUBJECT: CINGULAR WIRELESS SITE LEASE RENEWAL - ~ACIl!.UE PARK POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE RENEWAL OF THE WIRELESS SITE LEASE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENTS? COMMITTEE: PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY MEETING DATE: 10/9/2007 CATEGORY: o Consent [8J City Council Business o Ordinance o Resolution o o Public Hearing Other STAFF REpORT By: PATRICIA RICHARDSON .................................................- ................. ............................................. ................................... DEPT: Law Cingular Wireless entered into a Lease Agreement with the City on May 28, 2002 for installation and operation of certain equipment on City owned property located at Saghalie Park for use in connection with its wireless telephone communications service. The 2002 Lease Agreement provided for compensation to begin at $1,622.40 and increase 4% per year. The lease expired on September 1, 2007 and Cingular has requested to renew the lease for a five year term pursuant to the terms of the lease. Options Considered: 1. Recommend approval of the lease renewal and authorize the City Manger to execute the amendment. 2. Reject the lease renewal. STAFF RECOMMENDATION: Recommend approval of the lease renewal and authorize the City Manager to execute the amendment. CITY MANAGER ApPROVAL: Council DIRECTOR ApPROV AL:f~ Conmrittee Council COMMITTEE RECOMMENDATION: 0:: Committee Member Committee Member "] move approval of Option L" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # AG # 02-060 / Sacajawea Park Market: W AlOR/ID Cell Site Name: Steel Lake Cell Site NumberIFA#: WA-677 /10031010 FIRST AMENDMENT TO SITE LEASE AGREEMENT (AG # 02-060) This First Amendment ("Amendment") is dated effectiye this _day of ,2007, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company("Tenant"). A. The City and Tenant entered into a Lease Agreement dated effectiye May 28th 2002 and commencing on September 1,2002, whereby the City agreed to lease to Tenant a portion ofthe space on and air-space above the City Property, located in Sacajawea Park ("Lease"). B. During the term ofthe Lease, Tenant, Pacific Bell Wireless Northwest, LLC, merged into New Cingular Wireless PCS, LLC, a Delaware limited liability company. C. The Lease provided that Tenant may renew the Lease for three (3) additional five (5) year terms under Section 2. D. Under Section 26.b. of the Lease, any modification of or amendment to the Lease must be in writing and executed by both parties. E. The City and the Tenant agree and desire to amend the Lease to renew the term of the Lease for an additional fiye (5) years from the date this Amendment is fully executed. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency ofwhich is hereby acknowledged the parties agree to the following terms and conditions: 1. Tenant Name The Tenant name shall be changed from Cingular Wireless LLC, a Delaware limited liability company, on behalf of Pacific Bell Wireless Northwest, LLC, a Delaware limited liability company, d/b/a! Cingular Wireless, to the name of New Cingular Wireless PCS, LLC, a Delaware limited liability company due to a merger ofthe two entities as stated in Section B ofthis Amendment. 2. Term. Pursuant to Section 4 of the Lease Agreement, the Lease shall be renewed for an additional five (5) year term commencing on September 1, 2007, and expiring September 1, 2012, unless renewed pursuant to the terms of the Lease Agreement. - 1 - AG # 02-060 / Sacajawea Park Market: W AlOR/ID Cell Site Name: Steel Lake Cell Site NumberIFA#: WA-677 /10031010 3. Notices. Section 18 of the agreement shall be amended to change the notices address for the City of Federal Way and New Cingular Wireless PCS, LLC as follows: Ifto City: City Attorney P.O. Box 9718 33325 Eighth Ayenue South Federal Way, W A 98063 With a copy to: City Manger PO Box 9718 33325 Eight Ayenue South Federal Way, W A 98063 If to Tenant: c/o New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site: Steel Lake (FA# 10031010) 6100 Atlantic Boulevard Norcross, GA 30071 with a copy to: New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site: Steel Lake (F A# 10031010) 5601 Legacy Blvd., Bldg A PIano, TX 75024 4. Full Force and Effect. All other terms and conditions of the Agreement not rnodified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. CITY OF FEDERAL WAY By: Neal Beets, City Manager PO Box 9718 Federal Way, WA 98063-9718 - 2 - AG # 02-060 / Sacajawea Park Market: W AlOR/ID Cell Site Name: Steel Lake Cell Site NumberIFA#: WA-677/ 10031010 ATTEST: APPROVED AS TO FORM: Laura Hathaway, CMC, City Clerk Patricia A. Richardson, City Attorney TENANT: NEW CINGULAR WIRELESS PCS, LLC, a Delaware Limited Liability Company By: J ames Fugate Network Operations Manager 16221 NE 72nd Way, RTC-3 Redmond, W A 98052 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day personally appeared before rne James Fugate, to me known to be the Network Operations Manager of New Cingular Wireless PCS, LLC, a Delaware Limited Liability Company, that executed the foregoing instrument, and acknowledged the said instrument to be the free and yoluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrurnent and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 2007. (typed/printed name of notary) Notary Public in and for the State of My commission expires K:\telecom\Cingular lease Amend- Saghalie lease renewal.doc - 3 - COUNCIL MEETING DATE: October 16, 2007 ITEM #:2h CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Maintenance and Labor Agreement for emergency equipment installation and repair. POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department enter into a Maintenance and Labor Agreement for emergency equipment installation and repair with Systems for Public Safety, Inc.? COMMITTEE: Parks, Recreation, and Public Safety Council Committee CATEGORY: rgJ Consent D City Council Business MEETING DATE:October 9,2007 D Ordinance D Resolution D D Public Hearing Other STAFF REPORT By: Jail Coordinator Jason Wilson / Quartermaster Kristen DEPT: Police Department Attachments: 1. PRHS&PS memo 2. Sole source justification memo 3. Maintenance and Labor Agreement with Systems for Public Safety, Inc. Options Considered: 1. Accept Maintenance and Labor Agreement 2. Reject Agreement STAFF RECOMMENDATION: Staff recommends Option 1. \~ Council t; '}"f; DIRECTOR ApPROY AL: .6 U/lM ~ 4/w,,~ ID/4j/.zw, Committee Council CITY MANAGER ApPROY AL: COMMITTEE RECOMMENDATION: PRPS recommends Option ~ ROPOSED COUNCIL MOTION: "I move approval of the Maintenance and Labor Agreement, and authorize City Manager, Neal J Beets, to sign such Agreement. " ~.~~~ ember (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: October 9,2007 Parks, Recreation, Human Services and Public Safety Council Committee Neal Beets, City Manager @ Brian J. Wilson, Chief of Police SUBJECT: Maintenance and Labor Agreement for emergency equipment installation and repair In early 2006, the police department began searching for a vendor that could provide services to install and repair aftermarket police emergency equipment. In May 2006, we began using Systems for Public Safety, Inc. (S.P.S.) based in Lakewood Washington. Since then we have been extremely pleased with the level of customer service, and the quality of services provided by this yendor. Locally (Puget Sound area) there are only three major yendors capable of proyiding this type of service on the scale that we would need based on our department size: Systems for Public Safety, FCI, and Auto Editions. Since May 2006, S.P .S. has completed installations on over half of our current fleet. They have also completed all necessary repairs to aftermarket emergency equipment to older fleet vehicles. When S.P.S. built vehicles return to the shop for repair, the majority of time it is due to product failure rather than installation error. S.P.S. is located much closer to City Hall than the other two vendors. Generally our volunteers take at least one car to his shop per day-making location a yery important factor. Based on services provided and the location of each of the yendors, sole source was authorized by Assistant City Manager Iwen Wang. I POLICE DEPARTMENT Memorandum TO: Iwen Wang, Assistant City Manager cc: Stan McCall, Commander Kristen Gregory, Quartermaster FROM: Jason R. Wilson, Jail Coordinator DATE: September 20, 2007 SUBJECT: Sole Source Selection for Emergency Equipment Installation and Repair In early 2006, the police department began searching for a vendor that could provide services to install and repair aftermarket police emergency equipment. In May 2006, we began using Systems for Public Safety, Inc. (S.P.S.) based in Lakewood Washington. Since then we have been extremely pleased with the level of customer service, and the quality of services provided by this vendor. Locally (Puget Sound area) there are only three major yendors capable of providing this type of service on the scale that we would need based on our department size: Systems for Public Safety, FCI, and Auto Editions. Description of vendors: Systems for Public Safety: S.P.S. is located in Lakewood-17 miles from City Hall. They provide installation and repair services to seyeral agencies in Washington State (Lakewood, Puyallup, Ft. Lewis PD, DuPont, Steilacoom, Ruston, Bremerton, Sequim, and Central Washington Uniyersity just to name' a few). They are a full service shop that enforces a strict background policy with their employees. In addition to their shop, S.P.S. will provide mobile service allowing us to address specific projects here at City Hall. Since May 2006, S.P .S. has completed installations on over half of our current fleet. They haye also completed all necessary repairs to aftermarket emergency equipment to older fleet vehicles. When S.P.S. built vehicles return to the shop for repair, the majority of time it is due to product failure rather than installation error. Generally our yolunteers take at least one car to his shop per day-making location a very important factor. S.P .S. has developed a streamlined process for completing new yehicle installs. They are able to build a standard patrol car in two days (industry standard is a week) while maintaining strict quality control. S.P.S. bills on a flat rate for new yehicle installations ($1950.00). Unlike previous vendors we haye used this install rate is fixed so we can easily budget for years to come. lof2 FeI: FCI is located in North Bend-40 miles from City Hall. They provide installation and repair services to several agencies in Washington State. FCI is capable of providing the necessary service, however due to their location it is yery time consuming to driye the yehicles to the shop. Auto Editions: Auto Editions is located in Lacey-33 miles from City Hall. They are a new company in Washington, however have been in business for several years in Oregon. They may be capable of providing the leyel of service necessary to service our size of fleet, howeyer due to their location it is yery time consuming to driye the yehicles to the shop. Evaluation and Recommendation: The office ofthe Quartermaster reviewed all three options. It was determined that the only shop really capable of continuing to provide the necessary service to our fleet is S.P.S. They haye built well oyer half of our current police vehicle fleet. They have gone to great lengths to standardize each build-making installs and repairs much simpler. Haying a large fleet that is growing by the year requires FWPD to haye a reliable and dedicated yendor that is located nearby. The only yendor that meets these requirements is Systems for Public Safety, mc.. 20f2 MAINTENANCE/LABOR AGREEMENT FOR EMERGENCY EQUIPMENT INSTALLATION AND REPAIR This Maintenance/Labor Agreement ("Agreement") is dated effective this _ day of ,2007. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"), and Systems for Public Safety Inc., a Washington corporation ("Contractor"). A. The City seeks the temporary services of a skilled independent contractor capable of working without direct supervision, in the capacity of installing and making minor electrical repairs on yehicle emergency equipment; and B. The Contractor has the requisite skill and experience necessary to proyide such services. NOW, THEREFORE, the Parties agree as follows: 1. Services. Contractor shall proyide the following services: 1.1 Services: Installation of emergency vehicle equipment and make minor electrical and mechanical repairs as needed ("Services"), in a manner consistent with the accepted practices for other similar services, performed to the City's reasonable satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee. 1.2 Timeliness: The City acknowledges Service Provider's normal policy is to interrupt work in progress in the eyent that a front line marked police yehicle or an unmarked police yehicle is receiyed for service. Such vehicles, whether from the City or from some other agency, are give priority service in order to get those vehicles back in service as soon as possible. The City accepts this normal policy of the Service Proyider, and the parties will take that policy into account in determining the reasonable time within which repairs and installations are to be performed. 2. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall continue until the completion of the Services, but in any event no later than March 31, 2009 ("Term"). This Agreement may be extended for additional periods oftime upon the mutual written agreement of the City and the Contractor. - 1 - 3. Termination. Prior to the expiration ofthe Term, this Agreement may be terminated immediately, with or without cause, by the either party. All work in progress shall cease as of the date of notice of termination, and any payment due to the Contractor shall be paid in full by they City within forty- five (45) days, subsequent to the date of the notice of termination. This provision shall surviye termination of this Agreement. 4. Compensation. 4.1 Total Compensation. In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount not to exceed One Hundred Thousand and No/IOO Dollars ($100,000.00) calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel attached hereto as Exhibit "A". Once this limit is reached the Contractor shall have no duty to perform further services, and shall cease all work in progress. 4.2 Method ofPavrnent. Payment by the City for the Services will only be made after the Services have been performed, a voucher or invoice is submitted in the form specified by the City, and the same is approved by the appropriate City representative. Payment shall be made on a monthly basis, thirty (30) days after receipt of such voucher or InVOIce. 4.3 Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 5. Compliance with Laws. Contractor shall comply with and perform the Services in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended. 6. Warranty. 6.1 Requisite Skill. The Contractor warrants that it has the requisite training, skill and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities. 6.2 Defective Services. The Contractor shall, at its sole cost and expense, correct all Services performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Services. - 2 - 7. Independent Contractor/Conflict of Interest. It is the intention and understanding ofthe Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leaye, vacation payor any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes as due. Industrial or any other insurance that is purchased for the benefit ofthe City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor mayor will be performing services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. 8. Indemnification. 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and yolunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Agreement. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatiyes, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions ofthe City, its employees or agents. 8.3 Surviyal. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 9. Equal Opportunity Employer. In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by Contractor or - 3 - by Contractor's employees, agents, subcontractors or representatiyes against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. Contractor shall not yiolate any ofthe terms of Chapter 49.60 RCW, Title VII ofthe Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 ofthe Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. 10. Confidentiality. All information regarding the City obtained by Contractor in performance ofthis Agreement shall be considered confidential. Breach of confidentiality by Contractor will be grounds for immediate termination. 11. Insurance. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: 11.1 Workers' compensation and employer's liability Insurance In amounts sufficient pursuant to the laws of the State of Washington; 11.2 Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. 11.3 Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation coverages. Contractor shall provide certificates of insurance, concurrent with the execution of this Agreement, eyidencing such coyerage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement proyiding that they may not be terminated or materially amended during the Term ofthis Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made" or "claims paid", Contractor shall be required to maintain tail coyerage for a minimum period of - 4 - three (3) years from the date this Agreement is actually terminated. Contractor's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any eyent occurring prior to such expiration or termination. 12. Work Product. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Services shall belong to the City. At the termination or cancellation of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 13. Books and Records. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, reyiew or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 14. Safety. Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions offederal, state and municipal safety and health laws and codes, including without limitation, all OSHAlWISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to preyent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Services. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 15. Prevailing Wages 15.1 Wages of Emplovees. This Agreement is subject to the minimum wage requirements of Chapter 39.12 of the Reyised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to - 5 - be paid to any of Contractor's laborers, workpersons and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which current "preyailing rates of wage" are attached hereto as Exhibit "B" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the preyailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 15.2 Agreements Exceeding One Year. Pursuant to WAC 296-127-023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. 15.3 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: a. Sole owners and their spouses; b. Any partner who owns at least 30% of a partnership; c. The President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 15.4 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution ofthis Agreement, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion ofthe Services, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 15.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties inyo1yed in the dispute. 16. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts - 6 - incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. The City will be obligated to notify the Contractor as soon as the City is aware ofthe failure to appropriate or allocate sufficient funds, and shall notify the Contractor ofthe end of the fiscal period to which this proyision applies. The Contractor reserves the right to immediately terminate this Agreement in such event. No penalty or expense shall accrue to the City in the event this provision applies. 17. General Proyisions. 17.1 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 17.2 Modification. No provision ofthis Agreement, including this proyision, may be amended or modified except by written agreement signed by the Parties. 17.3 Full Force and Effect. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other proyision hereof and such other provisions shall remain in full force and effect. 17.4 Assignment. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 17.5 Successors in Interest. Subject to the foregoing Subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. 17.6 Attorney Fees. In the eyent either ofthe Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The yenue for any dispute related to this Agreement shall be King County, Washington. 17.7 No Waiver. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure ofthe City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 17.8 Governing Law. This Agreement shall be made in and shall be goyerned by and interpreted in accordance with the laws of the State of Washington. - 7 - 17.9 Authority. Each indiyidua1 executing this Agreement on behalf ofthe City and Contractor represents and warrants that such indiyidua1s are duly authorized to execute and deliyer this Agreement on behalf of the Contractor or the City. 17.10 Notices. Any notices required to be given by the Parties shall be de1iyered at the addresses set forth below. Any notices may be de1iyered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed receiyed three (3) days after the date of mailing. 17.11 Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 17.12 Performance. Time is ofthe essence ofthis Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. 17.13 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusiye, but shall be cumulative with all other remedies ayailable to either party at law, in equity or by statute. 17.14 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 17.15 Compliance with Ethics Code. Ifa violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Agreement, this Agreement may be rendered null and yoid, at the City's option, subject to the City's obligation to pay for all work performed by the Contractor to the date of receipt of written notification by the Contractor from the City. DATED the day and year set forth above. CITY OF FEDERAL WAY By: Neal Beets, City Manager 33325 8th Ave S PO Box 9718 Federal Way, WA 98063-9718 - 8 - ATTEST: City Clerk, Laura Hathaway, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson CONTRACTOR By: (Signature) Paul Deskins, President 10203 Lakeyiew Aye SW Lakewood, W A 98499 (253) 983-1103 STATE OF WASHINGTON) ) ss. COUNTY OF ) On this day personally appeared before me, , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of ,200_. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires K:IFORMSIMAINLABR.AGT Rev. 08/04 - 9 - COUNCIL MEETING DATE: October 16,2007 ITEM#: 51 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AUTHORIZATION TO ADVERTISE FOR BIDS FOR REMOTE LIGHTING CONTROL SYSTEM FOR SPORTS FIELDS POLICY QUESTION: SHOULD THE CITY ADVERTISE FOR BIDS FOR REMOTE LIGHTING CONTROL SYSTEM FOR SPORTS FIELDS? COMMITTEE: PRHSPS COMMITTEE MEETING DATE: October 9,2007 CATEGORY: X Consent o City Council Business Ordinance o Resolution o o Public Hearing Other STAFF REpORT By: TIM DICKINSON DEPT: Parks, Rec & Cult Services ..........................-....-...........................................................-...-......................................-...-...............................................................---................................-.......................--.--.......................--.......--....................-......................"...---.....-..---.........................."...............-.. This project proposes to integrate all five Sports fields lighting systems for better efficiency. Those fields are Celebration, Steel Lake Annex/KarlGrosch, Sacajawea, Saghalie and Lakota. This system will allow any user group, with prior approval, to remotely turn the lights on or off at any park or individual field. This will reduce the amount of times that lights are left on, due to cancelled tournaments, rainouts or delays. This will also reduce the need for overtime callouts due to a mistake on the light schedule in which a team is scheduled to play and the lights are not on. The user group would use a cell phone and activate the system on there own. Cell phone authorization will be limited to ensure security. This system can also be used for future upgrades, such as remotely locking restroom doors at night. The specifications for this system were based off of a system that the City of SeaTac installed. The specifications will include control equipment, communication equipment and customer support services required. Cost Estimate: Complete system for all five parks with 5year parts/2year Labor warranty $39,000 Contingency for possible interior work inside buildings to make room for system and/or unforeseen additional work that may be needed. $3,000 $42,000 Council approved in the 2007-2008 CIP budget for this project Options: 1. Give authorization to bid for a Remote Lighting Control System for sports fields 2. Do not give authorization to bid for a Remote Lighting Control System for sports fields. -....--....--..........................-.-...........-........-...........................................--------....................-..-...........................--...-...................--........-........................................~~._~_._._..,..__......__.__......~-~......~....-.........-....-..---..-.................-....-.-...-.- CITY MANAGER ApPROVAL: STAFF RECOMMENDATION: Staff recommends a roval to advertise the above ro'ect in order to solicit bids. DIRECTOR ApPROVAL: . ~~ttee e \~~ Coun il fJC'LCil COMMITTEE RECOMMENDATION: PRHSPS RECOMMENDS OPTION: ~ PROPOSED COUNCIL MOTION: "I MOVE TO AUTHORIZE ADVERTISEMENT FOR BIDS FOR THE REMOTE LIGHTING CONTROL SYSTEM FOR CITY SPORTS FIELDS. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ITEM #: 2J-.- COUNCIL MEETING DATE: October 16, 2007 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ABBY'S LANE PRELIMINARY PLAT APPLICATION, FILE 07-100185-00-SU POLICY QUESTION: SHALL mE PROPOSED to-LOT ABBY'S LANE PRELIMINARY PLAT APPLICATION BE APPROVED? COMMITTEE: LAND USE AND TRANSPORTATION COMMITIEE (LUTe) CATEGORY: l8J Consent D City Council Business MEETING DATE: October I, 2007 D Ordinance l8J Resol tion D D Public Hearing Other STAFF REpORT By: JIM HARRIS, Senior Planner DEPT: Community Development Attachments: Abby's Lane Hearing Examiner Findi of Fact, Conclusions of Law and Recommendation dated September 6, 2007; Preliminary plat staff report dated July 26, 2007, with exhibits including reduced scale preliminary plat map; and draft City Council Resolution for Abby's Lane Preliminary Plat. Refer to the 'Abby's Lane' binder located in City Council office for the full preliminary plat report. Options Considered: 1. Adopt the Hearing Examiner Findings of Fact, Conclusions of Law and Recommendation and approve the Abby's Lane Preliminary Plat Resolution. 2. Reject the Hearing Examiner Recommendation. 3. City Council may adopt its own recommendations and approve the Abby's Lane Preliminary Plat Resolution. 4. City Council may adopt its own recommendations and disapprove the Abby's Lane Preliminary Plat Resolution. STAFF RECOMMENDATION: Council approval of the Abby's Lane Preliminary Plat resolution, based on the Findings of Fact, Conclusions of Law and Recommendation of the Federal Way Hearing Examiner (Option #1). CITY MANAGER ApPROVAL: ~ DIRECTOR ApPROVAL: ~ 61t-F Coun~p Cormmttee Council '.~--- .BriG Fai36fr, Member COMMITTEE RECOMMENDATION: "] move Option #1 to the Full City Council, for th Council consent a a. " P OPO D OUNCIL MOTION: "] move adoption of the Hearing Examiner recommendations and approval of the s Lane Preliminary Plat Resolution. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REYISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY Phil Olbrechts, Hearing Examiner RE: Abby's Lane Preliminary Plat PLT07-100185-00-SU FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION INTRODUCTION The applicant requests approval of a preliminary plat to subdivide a 3.84 acre parcel into lO single-family residential lots. The Examiner recommends approval subject to conditions recommended by staff. ORAL TESTIMONY Only staff and the applicant were present to testify. The testimony primarily addressed the Examiner's questions regarding the use of private, as opposed to public access, to several of the lots. The staff explained that the private access was necessary due to the shape and location of the parcel and the existence of a panhandle lot on the southern end of the property. Staff stated that the relaxed dimensional standards for private access would not impede fire access. EXHIBITS See list of exhibits at page 15 of the July 26, 2007, staff report. In addition, a hard copy of the PowerPoint presentation of Associate Planner Anyd Bergsagel was introduced as Exhibit 24. FINDINGS OF FACT Procedural: I. Applicant. The applicant is MT Land Development, L.L.c. 2. Hearing. The Hearing Examiner conducted a hearing on the application at 2:00 p.m. at Federal Way City Hall on August 22,2007. Substantive: 3. Site/Proposal Description. The applicants seek approval of a lO-lot preliminary plat. The subject property is 3.84 acres in size. The lots are intended to be used for single-family residential deyelopment. The proposal includes a private access track to access four of the easterly lots. The project site is currently occupied by one single-family residence. The site is mostly wooded. {PA0672554.00C; 1/13041.9Ooo00/} Preliminary Plat Recommendation p. I Findings, Conclusions and Recommendation 4. Characteristics of the Area. The property is located between 29th Avenue South and Interstate 5 in the north part of the city. The site is located in a developed single-family neighborhood. 5. Adverse Impacts. As thoroughly mitigated by staff, it does not appear that the project will create any material or significant adverse impacts. Marvin and Dalene Sheets expressed a concern in a letter (Exhibit 7) about the removal of trees and the resultant noise impact on her nearby property, since the trees buffer noise from 1-5. It is unclear whether or how much the removal of the trees will increase noise from 1-5, since the introduction of 10 single family homes to the site will proyide a new source of buffering to the freeway noise. In addition, the project includes a row of trees along the north, northwest, and east sides of the project (See Exhibit I, L-l). The City clearing and grading regulations (specifically FWCC 20-179) require retention of vegetation to the rnaximum extent possible. For these reasons, the property will still haye features that buffer freeway noise. At any rate, since the freeway noise is not a problem created by the deyelopment, it is debatable where the City has the authority to require the developer to mitigate it. In addition to impacting adjoining properties, the freeway noise is also a problem for development on site. In response to this issue, staff required the preparation of a noise evaluation report, prepared by Optimum Environment (Exhibit 16). This report eyaluates noise impacts upon the homes proposed to be constructed, but does not address any increase in noise upon adjoining properties created by the removal of the trees. The noise of the freeway does. exceed state noise limits that normally apply to residential properties. However, noise originating from a freeway is exempt from these noise limits. In order to protect the occupants of the proposed developrnent, staff has recomrnended a condition of approval (Condition No.5) that requires the applicant to incorporate noise reduction building techniques in the construction plans for the new homes. In their letter, the Sheets also raised concerns about the removal of wildlife. It is noted at page 6 of the staff report that there are no species protected under city, state, or federal law at the site. Further, there is no evidence in the record to suggest that deyelopment of the site will result in the wildlife inyading adjoining homes to any adyerse level. Concerns were also raised about drainage, and references were made to some flooding on the western side of the property. In response, staff pointed out that there is an easement across the property for aboveground drainage. Staff further mentioned that storm water regulations will require an underground drainage facility that will actually improye offsite drainage impacts. A well is currently located onsite. Staff has expressed concern that the proposed development may trigger the decommissioning of the well due to a City code requirement (FWCC 22-1369) imposing state well separation requirements designed to protect water quality. A condition of approval (Condition No.6) is recommended by the Examiner to implement this requirement. There are no enyironmentally sensitiye areas on the site. A wetland report prepared by the applicant's consultant (Exhibit 17) and verified by a City consultant yerified that the site houses no wetlands. {PA0672554.DOC; 1I13041.900000/} Preliminary Plat Recommendation p.2 Findings, Conclusions and Recommendation 6. Adequacy of Infrastructure and Public Services. As mitigated by staff, adequate infrastructure will serve development as follows: · Transportation: As noted at page 8 of the staff report, half-street improyements will be required for 29th Avenue South. Staff is not requiring half-street improvements for South 284th Street because the applicant's property is separated from frontage to South 284lh Street by the panhandle of a panhandled lot owned by an adjoining property owner. Staff asked the adjoining property owner if he would be willing to dedicate his frontage so that the applicant could make the necessary improvements, but the adjoining property owner declined to respond. In lieu of the improvements, staff has recommended a condition of approval (Condition No.3) that requires the applicant to set aside a tract along the southern edge of the property (bordering the panhandle of the adjoining lot) to be used as a priyate driveway for proposed lot 1 and to be dedicated to the City once the City is able to obtain full right-of-way width for frontage improvements. In addition to frontage improvements, staff has, through the Concurrency Ordinance (FWCC 20, Article IV), evaluated the need for any improvements to the City's transportation system, based upon adopted level of service standards. As depicted at page 10 of the staffreport, staff have recomrnended that the applicant pay $26,011 in traffic mitigation fees to contribute to the addition of HOV lanes along SR-99, the addition of a northbound right-turn lane and signal at South 304th Street at its intersection with 28th Avenue South and the widening of Military Road South to five lanes, along with sidewalks and streetlights. · Pedestrian and Bicycle Facilities: Staff found that no bicycle facilities are needed for the area. Sidewalks will be provided along 29th Avenue South and along both sides of access tract A. .. Open Space: The applicant will not be dedicating any open space. In lieu of the dedication of open space, staff has recommended a condition of approval (Condition No. I) that the applicant pay a fee of 15% of the most recent assessed value of the property at the time of final plat. · Drainage: The applicant has prepared and public works staff has reviewed plans and a technical report (Exhibit 14) for a storm water drainage system for the project. Public works staff has determined that the proposed system is consistent with City regulations, encompassed in the 1998 King County Surface Water Design Manual. · Water; The applicant has submitted a King County Certificate of Water Availability (Exhibit 12). Lakehaven Utility District will be the water purveyor. Lakehaven has expressed a concern that the easement shown on the latest preliminary plat map is insufficient for installation and maintenance of Lakehaven's water system. Consequently, staff has recommended a condition of approval (Condition No.4) requiring that the easement be reyised to meet the needs of the Lakehayen Utility District. . {P A0672554.DOC; 1113041.900000/) Preliminary Plat Recommendation p. 3 Findings, Conclusions and Recommendation · Sewage: The applicant has submitted a King County Certificate of Sewer Availability (Exhibit 13). Lakehaven Utility District will provide sewer to the property. As with water, the Lakehaven Utility District has expressed concerns over the easements on the property for sewer facilities. Recommended Condition' No. 4 requires the applicant to modify the terms of the sewer easements to the satisfaction of Lakehayen Utility District. · Schools: The City has a school impact fee designed to ensure that adequate schools will serve the deyelopment. The school impact fees are collected at the time a building permit is issued. · Fire Protection: South King County Fire has determined that there is adequate fire flow to meet the fire protection needs of the site. The exact number and location of fire hydrants will be reviewed and approved by the fire department as part of the final plat process. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner: FWCC 20-110 (4) and (5) provide the Examiner with the authority to conduct a hearing and make a recommendation to the City Council on preliminary plat applications. Substantive: 2. Zoning Designation: RS-9.6. 3. Review Criteria and Application, FWCC 20-126(c) governs the criteria for preliminary plat approyal. Those criteria are quoted in italics below and applied to the application under corresponding Conclusions of Law. FWCC 20-126(c): Decisional Criteria. A Hearing Examiner shall use the following criteria in reviewing the preliminary plat and may recommend approval of the plat to the City Council if: (1) It is consistent with the comprehensive plan; 4. The 2003 Federal Way Comprehensive Plan designates the property as Single Family High Density. The proposed land use is consistent with the density allowances and policies applicable to this land use as established in the Comprehensive Plan. FWCC 20-126(c)(2): It is consistent with all applicable provisions of the Chapter, including those adopted by reference from the comprehensive plan: 5. The "Chapter" reference in the criterion above appears to be Division VI (Preliminary Plat) of Title 20 of the FWCC. As noted in detail in the staff report, the application has complied with all the procedural requirements for preliminary plat reyiew. Further, as required by FWCC 20-115, the enyironmental reyiew process required under the State Enyironmental Policy (P A0672554.DOC; 1/13041.900000/) Preliminary Plat Recommendatio,? p.4 Findings, Conclusions and Recommendation Act has also been completed on April 23, 2007, through the issuance of a determination of non- significance, which was not appealed. The proposal is also in conformance with the City's Zoning Code as required by FWCC 20-112, as proposed use and densities for the property are consistent with its RS-9.6 zoning designation. FWCC 20-126(c)(3): It is consistent with public health, safety, and welfare. 6. As identified in the Findings of Fact, as conditioned there are no material or significant adverse impacts associated with the project and there will be adequate infrastructure to serve it. For these reasons, the plat is consistent with public health, safety, and welfare. FWCC 20-126(c)(4): It is consistent with the design criteria listed in FWCC 20-2: FWCC 20-2: This chapter is adopted in furtherance of the comprehensive plan of the City. It is hereby declared that the regulations contained in this chapter are necessary to: (J) Promote the health, safety and general welfare in accordance with the standards established by the state and the city; 7. As noted in the Washington State Growth Management Act, the Washington State Legislature has found it to be in the public interest to prevent urban sprawl and to promote the efficient use of infrastructure. The infill development proposed by the applicant at urban densities meets these objectives. Also, as previously discussed, the project, as mitigated, creates no material or significant adverse impacts and there is adequate infrastructure to meet the needs of the new development. For these reasons, the project promotes the health, safety, and general welfare in accordance with the standards established by the state and the city. FWCC 20-2(2): Promote effective use of land by preventing the overcrowding or scattered development which would injury health, safety or the general welfare due to lack of water supplies, sanitary sewer, drainage, transportation or other public services, or excessive expenditure of public funds for such services: 8. As previously noted, the project constitutes infill deyelopment in an area that is already characterized and deyeloped by residential development. Also as previously discussed, the project is serviced by adequate infrastructure, and the applicant is making significant improyements and financial contributions towards ensuring adequacy of that infrastructure. The density of the proposal, as noted in the staff report, is consistent with the surrounding densities as well. For these reasons, the above criterion is satisfied. FWCC 20-2(4): Provide for adequate light and air. 9. The density of the project meets the density requirements for the RS-9.6 district. The applicant will have to comply with the dimensional requirements of the zoning code for any structures it builds in order to get through building permit review. The dimensional standards of the City's zoning code sets the standard for adequacy of light and air and for these reasons the above criteria is satisfied. {P A0672554.00C; 1/13041.900000/} Preliminary Plat Reconunendation p.5 Findings, Conclusions and Recommendation FWCC 20-2(5): Provide for water, sewage, drainage, parks and recreational areas, sites for schools and school grounds and other public requirements: 10. As noted in the Findings of Fact, the project is served by adequate infrastructure. FWCC 20-2(6): Providefor proper ingress and egress: II. Access to all lots complies with City design standards. FWCC 20-2(7): Provide for housing and commercial needs of the community: 12. The project provides for infill development and urban densities and therefore satisfies the aboye criteria. FWCC 20-2(8): Require uniform monumenting of land divisions and conveyance of accurate legal descriptions: 13. FWCC 20-1 11 (b) requires that the survey of the proposed subdivision must be made by or under the supervision of a registered land surveyor who shall certify that it is a true and correct representation of the land surveyed. This and other requirements like it help ensure that the objective of uniform monumenting of land diyisions and accurate legal descriptions are satisfied. FWCC 20-2(9): Protect environmentally sensitive areas: 14. As noted preyiously, the project has gone through a review under the State Environmental Policy Act, which ensures that all environmentally sensitive areas are protected and mitigated. As noted in the staff report, there are no recognized environmentally sensitive areas on the subject property. The applicant prepared a wetland reconnaissance report, which concluded that there are no wetlands onsite. The City hired a second wetlands consultant to confirm that no wetlands are on the property. FWCC 20-2(10): Provide for flexibility and site design to accommodate view enhancement protection, protection of streams and wetlands, protection of steep slopes and other environmental significant or sensitive areas. 15. There are no views or enyironmentally sensitiye areas in need of protection at this site. FWCC 20-125(c)(5): It is consistent with the development standards listed in FWCC 20-151 through 20-157, and 20-178 through 20-187. 16. As discussed in the staff report, the project complies with the standards listed in FWCC 20-151 through 20-157 and FWCC 20-178 through 20-187. These standards govern adequacy of infrastructure, dimensional density standards, street improvements, landscaping, and retention of yegetation. The only issue that is of some concern is FWCC 20-152( d), which provides that all lots should abut a public right-of-way. Seyeral of the lots are served by access tract A, which is private, and proposed Lot 1 will be accessed by Tract D (also referenced as Tract X), which is also private. As noted by staff, FWCC 20-152(d) does not mandate that all lots abut public {P A0672554.DOC; 1/13041. 900000l} Preliminary Plat Recommendation p.6 Findings, Conclusions and Recommendation right-of-way, but only that they "should" abut public right-of-way. Since the project cannot reasonably accommodate a thru street and the dimensional standards for public right-of-way would not make it possible for the parcel to be deyeloped at urban densities, staff determined that the less restrictive requirements for private access are appropriate in this case. Staff also confirmed in oral testimony that the priyate access tracts are sufficient for fire access purposes. For these reasons, the Examiner will defer to the judgment of staff in allowing a private access via Tract A and Tract D. Similarly, since the southern portion of the lot borders the panhandle of a panhandled lot, a private access easement to serve proposed lot 1 is appropriate for this subdiyision, RECOMMENDATION The Examiner recommends that the City Council approve the preliminary plat subject to the conditions recommended by staff and Condition No. 6 added by the Examiner as detailed below: 1. Prior to approyal of the final plat, the applicant must submit to the City of Federal Way the fee-in-lieu of open space, calculated on 15 percent of the most recent assessed value of the property at the time of final plat. 2. Prior to approyal of the final plat, the applicant must dedicate to the City, via statutory warranty deed, 30 feet of right-of-way for 29th Avenue South and develop the right-of- way to City standards. 3. In conjunction with or prior to submission of materials for final platl, the applicant shall revise the plans to show a 15-foot-wide "Tract X" (currently shown as a I5-foot-wide "Tract D") for future dedication to the City (through Statutory Warranty Deed), and the applicant shall specify on the plans that the Tract X will serve as a private driveway for the existing house .on the proposed Lot I, until such time as the City can obtain the full right-of-way width. The developer must .sign a Tract X Agreement which will be referenced on the final plat. 4. Prior to approyal of the final plat, the plans must be revised to include terms of the water and sewer easement rights and benefits across Tract A, pertaining to Lots 5 through 8, to the satisfaction of Lakehaven Utility District. 5. The applicant shall include noise reduction building techniques in the construction plans for the new homes, such as special windows. Prior to approyal of the building permit for each new house, the noise reduction measures must be approved by the Building Official's Office. (The applicant is encouraged to check with the Building Official's Office regarding noise reduction measures, prior to submitting building permit applications. ) I The staff recommended condition of approval required the applicant to submit the revised plans ''prior to" final plat approval. The applicant requested revision of this requirement to "in conjunction with" and staff had no objection. (P A0672554.DOC; 1/1 J041.900000/) Preliminary Plat Recommendation p. 7 Findings, Conclusions and Recommendation 6. Any improvements made to the subject property shall comply with the requirements in Chapter 173-160 WAC, as now or hereafter amended, regarding separation of wells from sources of pollution. Dated this 6th day of September, 2007. 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'fji; ail\li , I .~ ~;'...~\~~\~- ~ (G<Q)~~ ~ CITY OF 4fI'" ~07~ Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT TO THE HEARING EXAMINER ABBY'S LANE PRELIMINARY PLAT Preliminary Plat File No. 07-1001 85-00-SU SEPA File No. 05-104199-00-SE PUBLIC HEARING Council Chambers, Federal Way City Hall 33325 8th Avenue South 2:00 p.m., Wednesday, August 22,2007 Report Prepared by: Andy Bergsagel, Associate Planner July 26, 2007 File No: 07-100l85-00-SU (Preliminary Plat) 05-1 04 I 99-00-SE (SEP A) Project Location: 2920 South 284th Street Applicant: MT Land Development LLC Attn: Ty Pendergraft PO Box 517 Auburn, W A 98092 Agent: ESM Consulting Engineers Attn: Matt Cyr 33915 1st Way South, Suite 200 Federal Way, W A 98003 Owner: Tracy Sears c/o MT Land Development LLC PO Box 517 Auburn, W A 98092 Action Requested: Preliminary plat to subdivide one parcel (3.84 acres) into ten single-family lots. Existing house to remain; sheds to be removed. Stormwater pond to be provided. Staff Representative: Associate Planner Andy Bergsagel, 253-835-2644 Staff Recommendation: Preliminary Plat Approval TABLE OF CONTENTS General...................................... .................................................................................................................... 4 Consulted Departments, Agencies & Public. .............. ............ .................. ...... .............. ....... ........ .................4 State Environmental Policy Act ... .......... .,..... ....... ............. ....... ....... ....... .................... ................ ...... ..... ..... ...5 Neighborhood Characteristics...................,................................................................................................... 6 Natural Environment................................................................................................................... ..................6 Subdivision Design (FWCC 20-151) ......................................... ........ ........................ ................ ...................6 Lot Design (FWCC 20-152).. ........................................... ........................................ .............. ....................... 7 Density (FWCC -20-153) ........................................................... .-;.~;.-;;;; .-; .-;................................... .-..................-1 Open Space and Recreation (FWCC 20-155) ............................ .......... ....... .................................................. 8 Pedestrian and Bicycle Access (FWCC 20-156).................. ........ ...... ......... ....... ........................ ................... 8 Improvements Required (FWCC 20-176) . ............. .............. .......... ............. ............................... .............. ..... 8 Density Regulations (FWCC 20-177) .............. ........................ ................. ......... ............. .... ....... ......... .......... 9 Landscape Buffers (FWCC 20-178). .............. .............. ........ ...... ............. ................................ ..... ................. 9 Retention of Vegetation (Clearing and Grading) (FWCC 20-179) ............................................................... 9 Streets and Rights-of-Way (FWCC 20-180). ......................... ....... ..... ..... ......................................................9 Water (FWCC 20-181) .......... ..... .... ..................... ...................... ....... ....... ........................ ................... .., ......1 0 Sewage Disposal (FWCC 20-182) ................. .................................... ..... ....................... ... ......................... .11 Storm Drainage (FWCC 20-183) ..... .......... .... ............ ............................. .... .................... ............. ......... ...... 11 Landscaping Protection and Enhancement (FWCC 20-186) ......................................................................11 Monuments (FWCC 20-187)........................................... ..................................... ................. ...................... 11 Public Services............................................... ................................................ .......... .... ............... ............... .12 Noise ............................ ,....................................................................................... ....................................... 12 Decisional Criteria.............. .................. ..... .................. ....................................... ......... ............. ......... ......... .12 Findings of Fact and Conclusions. ............. ......... ....................... ......... ............. ................ ......... ................. .13 Recommendation.....................................,.................................................................................. ..... ............ 14 Condi tions ................ .................................................................................................,............ ......... ............ 14 List of Exhibits......... ............. ........................... ....................... ............... ..... ..... ........................ .... ......... ......15 GENERAL 1. Project Description. The applicant proposes a preliminary plat to subdivide one parcel (3.84 acres) into ten single-family residential lots. The existing house is to remain; the sheds are to be removed. A stormwater pond is to be provided. The proposal includes a private access tract to access four of the easterly lots. A row of landscaping is to be provided along the property line which is'shared with Interstate 5. The applicant is choosing to make a payment in lieu of providing open space. The site is mostly wooded. Street improvements, water, sewer, utilities, stormwater drainage control . improvements, and other related infrastructure improvements will be installed to service the plat. A full set of drawings (Exhibit 1) is enclosed, as noted in the "List of Exhibits" at the end of this report. 2. Date ofComp/ete Application. This application is vested to the date it was'found to be complete by the Department of Community Development on February 7, 2007. 3. Location. 2920 South 284th Street, Federal Way. Refer to the Zoning and Vicinity Map (Exhibit 2) and the 2002 Aerial Photography (Exhibit 3). 4. Parcel No. 332204-9162. (A legal description of the existing parcel is on Sheet 3 of the drawings.) 5. Size of Property. The subject site currently has a land area of 167,270 square feet (3.84 acres). 6. Land Use and Zoning: Subject Site: To the North: To the South: To the East: To the West: Zoning RS-9.6 RS-9.6 RS-7.2 RS-9.6 RS-9.6 Comprehensive Plan Single-Famiiy Medium Density Single-Family Medium Density Single-Family Medium Density Single-Family Medium Density Single-Family High Density Existing Land Use Single-Family Residential Single-Family Residential Single-Family Residential Mobile Home & Interstate 5 Single-Family Residential CONSULTED DEPARTMENTS, AGENCIES & PUBLIC The following departments, agencies, and individuals were advised of this application. 1. The Development Review Committee (DRC), consisting of the Federal Way Community Development Services Planning and Building Divisions; Public Works Development Services and Traffic Divisions; Parks, Recreation, and Cultural Resources Department; Department of Public Safety (Police); South King Fire; Lakehaven Utility District; and Federal Way Public Schools. DRC comments have been incorporated into this report where applicable. 2. All property owners and occupants within 300 feet of the site were mailed notices of the complete preliminary plat application on February 13, 2007 (Exhibit 7). The site was also posted and notice published in the newspaper and on the City's official notice boards. Two written comments were received during the comment period as follows. A staff response is provided for each question/comment. Also, Matt Cyr of ESM was kind enough to submit a response to Marvin and Dalene Sheets, addressing her concerns (Exhibit 8). a. Letter from Dalene Sheets, 28231 29th Avenue South, Federal Way, W A 98003 (Exhibit 7). Ms. Sheets has four concerns, as follows: Abby's Lane Preliminary Plat Staff Reporllo the Hearing Examiner Page 4 File No. 07-100 I 85-00-SUI Doc 1.0.40589 ( 1) She has a drainage concern. Response: Drainage is addressed in the Public Works Development Services comments below. (2) She is concerned about the removal of trees due to noise from Interstate 5. Response: The applicant is providing a buffer of evergreen trees along the property .line of the Interstate. It is not anticipated that the removal of existing trees will have much effect on noise. A Noise Evaluation, by Optimum Environment, was submitted (Exhibit 16). (3) She is concerned about any wildlife on the property and doesn't want it to move to existing homes. Response: There are no provisions in local, state, or federal laws to handle temovalofwildlife when this site is developed for housing. (4) She is wondering if homes currently on 29th will still use the existing power poles or if they will be switched to underground wiring in the future. Response: Per FWCC Section 16-47, Abby's Lane is responsible for undergrounding the overhead utilities along their property frontage on 29th Avenue South. However, several residential properties on the opposite side of the street obtain service from these overhead lines. During the construction process, the developer will be required to work with the utility companies to find a reasonable solution to the situation. It is possible that the undergrounding requirement will be revised, reduced, or eliminated. In any case, the City would not require the neighboring properties to participate financially in the undergrounding expense, nor would the City require the developer to simply move the entire existing overhead utility system to the opposite side of the street. b. Letter from Amber Santiago, Puyallup Tribe of Indians, 3009 East Portland Avenue, Tacoma, W A 98404 (Exhibit 9). It is not known if the actual site is of concern, but she requests that any exposure of historical sites will need to be reported to her office immediately. Response: The applicant was given a copy of the letter and may contact Ms. Santiago for further information. 3. In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18, "Environmental Protection," all property owners and occupants within 300 feet of the site, and all affected agencies, were notified of the proposed action and the City's environmental decision. In addition, the site was posted and notice placed in the newspaper and on the City's official notice boards. For this project, the SEP A Notice was combined with the Notice of Application, as noted below. STATE ENVIRONMENTAL POLICY ACT An environmental "Determination of Nonsignificance" (DNS) was issued by the City of Federal Way for the proposed action (Exhibit 9). The optional anticipated DNS proc~ss was used, whereby the City made an anticipated DNS at the time of the land use application (FWCC 18-82). A Final DNS was issued on April 23,2007. The Final DNS was not appealed. This determination was based on review of information in the project file, including the environmental checklist, submitted January 11,2007, and annotated by the City planner February 9, 2007 (Exhibit 11). The Director concluded that the proposal would not result in probable significant adverse impacts on the environment. Abby's Lane Preliminary Plat Staff Report to the Hearing Examiner Page 5 File No. 07-100 I 85-00-SU/ Doc. 1.0. 40S89 NEIGHBORHOOD CHARACTERISTICS The property is located between 29th Avenue South and Interstate 5, in the north part of the City, in a single-family residential area, which is mostly developed with homes. NATURAL ENVIRONMENT I. Geology. A geotechnical report was not required for critical area review, since the site contains no geotechnically hazardous areas. Up to 1,700 cubic yards of imported fill will be needed on the project, per the SEP A checklist. Soils will be excavated during the construction of private access Ira9t A, !l1e stofIll\Vater facilities, ;uld utilities, as in~icated on the preliminary clearing and grading plan, which depicts clearing limits for construction oftbe aforemen-tioned items. 2. Topography. The site is gently rolling. Stormwater drains primarily to the north and east. A stormwater facility will be built in the northeast corner of the site. (No infiltration is planned on the individual lots at this time.) 3. Critical Areas. The City of Federal Way Environmentally Critical Areas Map does not indicate any critical areas on the site. The applicant submitted a "Wetland Reconnaissance R,eport," by Chad Armour, of Chad Armour, LLC, dated August 14,2006 (Exhibit l7.a.), which verified this fact. There is a tiny wetland feature on or near the eastern property line that is around 250 square feet and too small to be considered a regulated critical area. The City's wetland consultant, Otak, reviewed Chad Armour's report and determined that there are no regulated wetlands or streams on the site (Exhibit 17.b.), and the proponents were notified by letter that the City of Federal Way accepted the determinations of Chad Armour and Otak (Exhibit l7.c.). 4. Vegetation. The site is mostly wooded, but does not contain "Significant trees," as defined in FWCC Chapter 22. "Significant trees" do not include alders, maples, or cott(:mwoods. 5. Wildlife and Habitat. No wildlife species recognized as priority species are mown to inhabit the site or the vicinity. However, songbirds, squirrels, and other wildlife will likely be displaced or use trees that remain or are planted. SUBDIVISION DESIGN (FWCC 20-151) In the following analysis, pertinent text of the code is provided in italics, with a staff response following. The project is vested to the provisions of Chapter 20, Subdivisions, as it existed at the date that the Department determined that this was a complete application, i.e., February 13,2007. 1. Subdivisions should be designed so that traffic is distributed in a logical manner toward a collector street system, to avoid intrusion and over-burdening of residential streets, and to connect with planned or existing streets. The traffic will be distributed in a logical manner (as shown on the preliminary plat map). The only internal traffic will be along a private access tract proposed to serve four of the easterly lots. Along 284th Avenue South, the plans show a 15-foot-wide Tract X for potential future dedication. (Refer to street improvement details below, under the heading "Improvements Required.") 2. Streets should be coordinated with existing intersections to avoid offsetting new intersections, and should intersect at a 90-degree angle plus or minus J 5 degrees. The applicant is providing a Tract X along the south of the site in the event it should be needed for future improvements to South 284th Street. Abby's Lane Preliminary Plat Staff Report to the Hearing Examiner Page 6 File No. 07-100 1 85-00-SU/ Doc. to. 40S89 3. No street, or combination of streets, shall function as a cul-de-sac longer than 600 feet. This does not apply. 4. Block perimeters should be no longer than 1,320 feet for non-motorized access, and 2,640 feet for streets. This does not apply. 5. Subdivisions on steep slopes should be designed so that streets are constructed generally parallel, rather than perpendicular, to the slope. This does not apply. 6. Streets should be designed in conformance with adopted standards for sight distance at intersecltoit$, as prescnoed iifFWCC 22...1151 et seij. The p1at is designed in conformance witl1~-_uu_---_. --- adopted standards for sight distance. LOT DESIGN (FWCC 20-152) 1. All lots should be of ample dimensions to provide a regular shaped building area which meets required setbacks. The proposal meets the criteria. The setback lines have been shown on Sheet 1. The zoning chart for "detached dwelling units" in the RS zones requires a front setback of20 feet, a side setback of 5 feet, and a rear setback of 5 feet [FWCC 22..631]. For corner lots, any side setback along a primary vehicle access (such as a street or tract) is 10 feet (per the revised Zoning Chart adopted per Ordinance #07-545, effective January 11,2007). . 2. All lots shall be designed to provide access for emergency apparatus. The proposal has been reviewed by the Fire Marshal's Office and has been found to meet the criteria. 3. All lots should be designed to take advantage of topographic and natural features, view orientation and privacy. The site does not pose concerns in terms of topography, natural features, view orientation, or privacy. 4. Except in a cluster subdivision, all lots should abut a public street right-of-way. Residential lots should not have access onto arterial streets. As is evident on the Planned Street Sections Map (Exhibit 23), there are no arterial streets abutting the site, All of the lots abut a public street right-of- way or the Tract A or the Tract D (Tract X) private driveway. Tract A is private, but is allowed as an exception, since it meets the standards for cross-section Y. The existing house will use Tract D (Tract X), which is in the location of the existing driveway, since private property intervenes between the site and the South 284lh Street right-of-way. Due to the intervening private property, half-street improvements to South 284lh Street are not proposed at this time, but Tract X is set aside, so that it may be developed as right-of-way in the future. DENSITY (FWCC 20-153) 1. All lots in conventional subdivisions shall meet the density and minimum lot size requirements of Chapter 22 FWCC. Calculation of density in subdivisions shall not include streets or vehicle access easements. The site meets the minimum density of 9,600 square feet per lot. Therefore, all lots are of the minimum size for the zone, as dictated by the RS zoning chart for "detached dwelling unit" in FWCC 22-631. 2. The site is not considered a "cluster subdivision." Abby's Lane Preliminary Plat Staff Report to the Hearing Examiner Page 7 File No. 07-1001 85-00-SUI Doc. J.D. 40589 , . OPEN SPACE AND RECREATION (FWCC 20-155) All residential subdivisions shall be required to provide open space in the amount of 15 percent of the gross land area of the subdivision site; except for subdivisions created under FWCC 20-154. a fee-in-lieu payment may be made to satisfy open space requirements at the discretion of the parks director after consideration of the city's overall park plan. quality, location. and service area of the open space that would otherwise be provided within the project. The fee-in-lieu of open space shall be calculated on 15 percent of the most recent assessed value of the property. The applicant does not show open space on the site plan and proposes fee-in-lieu of open space. The Parks Director approves and prefers the fee-in-lieu of open space for this application. As a condition of approval of this application, prior to approval of the final plat, the applicant must submit to the City of Federal Way the fee-in-lieu of open space, calculated u____~nJ ~ percentpf the mostJ~_c~m assessed value _ofJh~PIQ~!!Y at~ til!!~()f fina~lat.________ .._____.________ ___ PEDESTRIAN AND BICYCLE ACCESS (FWCC 20-156) No special pedestrian or bicycle paths are warranted. A sidewalk will be provided along 29th A venue South, and along both sides of access Tract A. IMPROVEMENTS REQUIRED (FWCC 20-176) Street improvements, and the dedication of rights-of way and/or easements. shall be required in accordance with FWCC 22-1471 et seq., regarding required improvements to rights-ofway and vehicular access easements. If a plat is subject to a dedication, dedication language shall be included on the face of the plat... The Zoning Code refers to an "official right-of-way map" in Section 22-1471. This is Map III-6 of the Comprehensive Plan, entitled "Planned Street Sections" (Exhibit 23). 2~ Avenue South is designated as a Type S street. The standards for a Type S street call for 36 feet of pavement, within a 60-foot right-of-way (to include curb, gutter, four-foot planter strip with trees, five- foot sidewalk, and streetlights). The applicant is responsible for half street improvements which shall extend from the street centerline. The plans show 30 feet of right-of-way to be dedicated to the City, to be developed to the aforementioned standards. As a condition of approval, prior to approval of the final plat the applicant must dedicate to the City, via statutory warranty deed, 30 feet of right-of-way for 29th A venue South and develop the right-of-way to City standards. South 284/h Street is designated as a Type S street. The standards for a Type S street call for 36 feet of . pavement, within a 60-foot right-of-way (to include curb, gutter, four-foot planter strip with trees, five- foot sidewalk, and streetlights). There is a panhandle lot, APN 332204-9025, owned by Howard Harris, next to the subject site. This l5-foot-wide strip ofland separates the subject property from the existing public right-of-way (ROW) for South 284th Street. A letter was sent to Mr. Harris inquiring about the possibility of dedicating a portion of his property as ROW in order to facilitate improvements along South 284th Street. To date, there has been no response; therefore, the requirement for full frontage improvements along South 284th Street will be waived; as a condition, prior to approval ofthe final plat, the applicant shall revise the plans to show a 15-foot-wide "Tract X" (currently shown as a 15-foot-wide "Tract D") for future dedication to the City (through Statutory Warranty Deed), and the applicant shall specify on the plans that the Tract X will serve as a private driveway for the existing house on the proposed Lot I, until such time as the City can obtain the full right-of-way width. The developer must sign a Tract X Agreement which will be referenced on the final plat. Abby's Lane Preliminary Plat Staff Report to the Hearing Examiner Page 8 File No. 07-1001 85-00-SUI Doc. 10. 40589 Tract A will be a private access tract, 38-foot-wide, Cross-Section Y, consisting of 24-foot pavement, curb, gutter, five-foot sidewalks and two-foot utility strips. The Fire Marshal's Office has reviewed and approves of the hammerhead turnaround. DENSITY REGULATIONS (FWCC 20-177) Density or parcel size, setbacks and buffers shall be in accordance with Chapter 22 FWCC, "Zoning." As mentioned above, the proposal meets this requirement. - ------LJ\NDSc-APE-Bt1FFERSiFWCe2(t.;;17S-r ------ -~------------- -- -- - - - --- --~-- -~--- -- Subdivision design should provide a ten-foot-wide Type III landscape strip along all arterial streets to shield new residences from arterial streets. See FWCC 22-1565(c). Said landscape strip shall be provided in a separate tract to be owned and maintained by the homeowners' association. A landscape tract is not required along 29th Street South, as it is not an arterial. A landscape tract is being provided along the property line with Interstate 5. RETENTION OF VEGETATION (CLEARING AND GRADING) (FWCC 20-179) (a) All natural vegetation shall be retained on the site to be subdivided except that which will be removed for improvements or grading as shown on approved engineering plans. A preliminary clearing and grading plan shall be submitted as part of preliminary plat application. (b) Existing mature vegetation shall be retained to the maximum extent possible. Preservation of significant trees pursuant to FWCC 22-1568 shall apply solely to the development of each single- family lot at the time a building permit is applied for. In general, the FWCC does not support mass clearing and grading of a proposed plat unless there are unusual site conditions and/or existing topographical conditions that support extensive site grading at the time of infrastructure development. Sheet PP-02 shows the clearing and grading limits corresponding to the right-of-way improvements, utilities, stormwater tract, landscape tract, and access tracts. STREETS AND RIGHTS-OF-WAY (FWCC 20-180) (a) All streets within an approved subdivision shall be within a dedicated public right-of-way. Private tracts may be used in short subdivisions and cluster subdivisions using cross-section type "Y", as described in FWCC 22-1528. (b) All streets within the public rights-of-way shall be improved to the standards specified in FWCC 22- 1471 et seq., regarding required improvements to rights-of-way and vehicular access easements and tracts. (c) All streets abutting the subdivision or short subdivision shall be improved in accordance with FWCC 22-1471 et seq., regarding required improvements to rights-of-way and vehicular access easements. (d) All traffic control devices within the subdivision or short subdivision shall be provided by the developer as required by the director of public works. (e) Streets shall be provided to develop a street network with a block perimeter of no greater than 2,640 feet, as measured on centerlines. This requirement may be modified if connections cannot be made due to: (1) Topographical constraints. Abby's Lane Preliminary Plat Staff Report to the Hearing Examiner Page 9 File No. 07-1001 85-00-SUI Doc.1D 40589 (2) Environmentally sensitive areas. (3) Adjacent development is not being conducive. (/) Additional off-site street and traffic control improvements may be required to mitigate impacts resultingfrom the subdivision or short subdivision. .." f The plans have been reviewed by the Public Works Department to ensure consistency with these regulations, and meet the standards as noted above under the heading "Improvements Required." The block perimeter requirement does not apply, since the site is surrounded by adjacent development (including Interstate 5) which is not conducive to a street network or pedestrian connection. In terms of traffic concurrency, the proposal is for nine new single-family residences and one existing residence (for a total often lots). On February 15,2007, Soma Chattopadhyay of the Public Works Traffic Division, issued a traffic "Concurrency Decision" (Exhibit 20), requiring the applicant to pay the City of Federal Way $26,011 (twenty-six thousand and eleven dollars) towards traffic mitigation. The fees are calculated as shown in the following table: Project Map Location Description Pro-Rata ill ID 141 2 SR 99 HOY Lanes Phase 3: S 2841b St- Add HOY lanes, 2" SB left-turn lane @ 288m, $9,250 SR 509 install raised median, signal @ SR 509 @ Redondo Wy S with interconnect to IIIh PI 8 159 12 8R 99 HOY Lanes Phase 4: 8R 509 - 8 Add HOY lanes, install raised median $13,427 312lhSt 154 16 8 3041h 8t@ 28th Ave S Add NB right-turn lane, signal $285 166 20 Military Rd S: S Star Lake Rd - S Widen to 5 lanes, sidewalks, street lights $3,048 2881h St Total: $26,011 ), j WATER (FWCC 20-181) All lots in a subdivision or short subdivision shall be served by a water system designed and constructed to the specifications of the Lakehaven Utility District or City of Tacoma public utilities department or any other appropriate district. The applicant submitted a King County Certificate of Water Availability (Exhibit 12). Lakehaven Utility District (LUD) is the water purveyor. LUD has found the preliminary plat plans to be acceptable for water service, except as noted in this section. LUD has stated a.concern that the easement shown on the latest preliminary plan set is insufficient (pertaining to Lots 5 through 8). Therefore, as a condition of approval, prior to approval of the final plat, the plans must be revised to include terms of the water and sewer easement rights and benefits across Tract A, pertaining to Lots 5 through 8, to the satisfaction of Lakehaven Utility District. The applicant is responsible for working with Lakehaven Utility District to determine if the existing well on the site must be decommissioned. "Regulated Wellheads" are addressed in FWCC 22-1369, as follows: "Any well constructed after March 1, 1990, must comply with the siting criteria of Chapter 173- 160 WAC. Any improvement or use on the subject property erected or engaged in after March I, 1990, must comply with the requirements in Chapter 173-160 WAC regarding separation of wells from sources of pollution." Abby's Lane Preliminary Plat Staff Report to the Hearing Examiner Page 10 File No. 07- I 00 I 85-00-SUI Doc. J.D. 4OS19 \ , .../' SEWAGE DISPOSAL (FWCC 20-182) Wherever feasible, all lots in subdivisions and short subdivisions shall be connected to a sanitary sewer system designed and constructed to the specifications of the Lakehaven Utility District or other appropriate district. The applicant submitted a King County Certificate of Sewer Availability (Exhibit 13), LUD has found the preliminary plat plans to be acceptable for sewer service, except as noted in this section. LUD has stated a concern that the easement shown on the latest preliminary plan set is insufficient (pertaining to Lots 5 through 8). Therefore, as a condition of approval, prior to approval of the final plat, the plans must be revised to include terms of the water and sewer easement rights and benefits across . .-."fract-A-;-pertainingto-L-msj-througIT~;~-'sfaction ofLaJrenavertlJti1ityDfstrlcl.------ -- - ---~---- ----- STORM DRAINAGE (FWCC 20-183) All subdivisions and short subdivisions shall be provided with an adequate storm drainage system designed and constructed in accordance with the surface water management requirements in FWCC 21- 26 et seq., and the storm and surface water utility requirements in FWCC 16-76 et seq. In addition to the plans, the applicant submitted a report entitled "Abby's Lane Preliminary Teclmical Information Report" (TIR), prepared by ESM Consulting Engineers, May 16,2007, received May 29,2007 (Exhibit 14). Public Works staff have reviewed the proposal and found it to be in compliance with the storm and surface water requirements. As shown in the TIR and plans, the requirements of the 1998 King County Surface Water Design Manual (KCSWDM) will be met. Final review and approval of the storm drainage facilities will occur as part of the Final plat process. LANDSCAPING PROTECTION AND ENHANCEMENT (FWCC 20-186) (a) A landscape plan prepared by a licensed landscape architect shall be submitted with each subdivision or short subdivision application. The plan shall identify existing wooded areas, significant trees, meadows, rock outcroppings, and other landscape features. The plan shall also show proposed buffers, open spaces, street trees, and other ornamental landscaping. (b) Significant trees, as defined in Chapter 22 FWCC, Zoning, shall be identified, exceptfor those to be removed in areas to be improved or graded as shown on the preliminary plat. During construction of subdivision improvements and permitting of single-family residences, protection techniques, as required in Chapter 22 FWCC, Zoning, shall be used to protect the identified trees from J.rarm or destruction, and to restore trees damaged or lost. Significant trees to be preserved shall be visibly marked by flagging. The applicant submitted a preliminary landscape plan which meets the criteria. The site is mostly wooded, but does not contain "Significant trees," as defined in FWCC 22-1568. "Significant trees" do not include alders, maples, or cottonwoods. MONUMENTS (FWCC 20-187) Permanent survey control monuments shall be provided for all final plats (lnd short plats. .. The monuments will be dealt with at the final plat stage. Abby's Lane Preliminary Plat Staff Report to the Hearing Examiner Page II File No. 07-1001 85-00-SUI Doc.tD. 40589 PUBLIC SERVICES I. Schools. School impact fees, as authorized by City ordinance, are collected at the time the building permit is issued. School impact fees are determined on the basis ofthe district's Capital Facilities Plan and are subject to annual adjustment and update. ') ~ / 2. Public Parks. Refer to the analysis of open space requirements above. The Director of ParKs has determined that a fee-in-lieu of open space on site is preferable for this proposal. 3. Fire Protection. The proposal has been reviewed by South King Fire. The King Cmmty Certificate of Water Availability, which was approved by the Lakehaven Utility District, indicates that water .. .. . will be availabkto the site in sufficient quantit)'1Qsatisfy frre fl..o\'titandardsf~proposed_ development. The Fire Department requires that a fire hydrant be located within 350 feet of each lot. The exact number and location of fire hydrants will be reviewed and approved by the Fire Department as part of the final plat process. NOISE The site is located adjacent to Interstate 5 and is near the flight path for SeaTac airport. FWCC 22-956 simply addresses "Maximum environmental noise levels" as follows: "(a) State standard adopted. The city adopts by reference the maximum environmental noise levels established pursuant to the Noise Control Act of 1974, Chapter 70.107 RCW. See Chapter 173-60 WAC." A Noise Evaluation, dated December 14, 2006, was prepared by Optimum Environment (Issaquah) for this application. The report includes "Table I: Noise Limitations; dBA." Noises from vehicles, planes, and trains were present on this site during a test of the site. A list of exemptions to the noise limitations can be found in WAC 173-60. State noise regulations exempt all the sources of measured noise-vehicles, planes, and trains-from compliance with the limi~ations shown in Table 1. However, in consideration for the health and welfare of the residents of the new homes, as a condition of approval, the applicant shall include noise reduction building techniques in the construction plans for the new homes, such as special windows; prior to approval of the building permit for each new house, the noise reduction measures must be approved by the Building Official's Office. The applicant is encouraged to check with the Building Official's Office regarding noise reduction measures, prior to submitting building permit applications. DECISIONAL CRITERIA The project is vested to the provisions of Chapter 20, Subdivisions, as it existed at the date that the Department determined that this was a complete application, i.e., February 13,2007. The FWCC establishes review procedures and decisional criteria for deciding upon various types of land use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110, preliminary plat applications are submitted to the Hearing Examiner for public hearing. The preliminary plat application and the recommendation of the Hearing Examiner are submitted to the City Council for approval or disapproval. Pursuant to FWCC 20-126(c), the Hearing Examiner may recommend approval of the proposed preliminary plat only if the following decisional criteria are met. Decisional criteria and staff responses are provided below: I. The project is consistent with the Comprehensive Plan. The application is subject to the adopted 2003 Federal Way Comprehensive Plan (FWCP), which designates the property as Single-Family High Density. The proposed land use, Single-Family Residential plat, with 9,600 square-foot Abby's Lane Preliminary PIal Staff Report 10 the Hearing Examiner Page 12 File No. 07-1001 85-00-SUI Doc. 1.0. 40589 minimum lot size (RS-9.6), is consistent with density allowances and policies applicable to this land use as established in the FWCP. 2. The project is consistent with all applicable provisions of the chapter, including those adopted by reference from the Comprehensive Plan. The preliminary plat application is required to comply with the provisions of the FWCC Chapter 18, "Environmental Policy," Chapter 20, "Subdivisions," Chapter 22, "Zoning," and all other applicable codes and regulations, Future development of the residential subdivision will be required to comply with all applicable development codes and regulations. As conditioned, the proposed preliminary plat will comply with all provisions of the chapter. 3. The project is consistent with the public health, safety. and welfare. As conditioned, the plat will be consistent with public health, safety, and welfare. 4. It is consistent with the design criteria listed in Section 20-2. The plat will be consistent with the purposes identified in FWCC Section 20-2, including effective use of land, promotion of safe and convenient travel on streets, and provision for the housing needs of the community. 5. It is consistent with the development standards listed in Sections 20-151 through 157. and 20-178 through 187. The plat will be consistent with these development standards, as described in the analysis above. FINDINGS OF FACT AND CONCLUSIONS Based on an analysis of the proposed action, environmental record, and related decisional criteria, the Department of Community Development Services finds as follows: 1. The proposed action is to subdivide a preliminary plat to subdivide one parcel (3 .84 acres) into ten single-family residential lots. 2. The application was deemed complete on February 8, 2007. The plat is subject to codes and policies in place on that date, including the 2003 Federal Way Comprehensive Plan (FWCP). 3. The subject property is designated Single-Family High-Density in the 2003 FWCP. 4. Zoning for the site is RS-9.6 (minimum lot size 9,600 square feet). The proposed residential subdivision and density is consistent with applicable zoning and subdivision regulations. 5. A combined Notice of Application/Determination of Non significance was posted on February 13, 2007. Two comment letters were received during the initial comment period. A Final DNS was issued for the proposed action on April 23, 2007. No comments or appeals regarding the Final DNS were received. 6. As proposed, each lot contains an adequate size and shape building envelope to contain a single- family residence. Building setback lines are identified on the preliminary plat map. 7. No open space is proposed on site. Pursuant to FWCC Section 20-155, the applicant has proposed fee-in-lieu of on-site open space, which the Director of Parks finds to be acceptable. 8. No regulated environmentally critical areas are on the site. The site was reviewed by the applicant's wetland biologist and the City's consultant wetland biologist. 9. No trees which meet the definition of "significant trees" exist on the site. 1 O. Sheet PP-02 shows clearing and grading limits corresponding to the right-of-way improvements, utilities, stormwater tract, landscape tract, and access tracts. 11. The applicant has shown the location of a landscape tract along the property line of Interstate 5. Since 29th A venue South is not an arterial, no landscape tract is required along it. Abby's Lane Preliminary Plat Staff Report to the Hearing Examiner Page 13 File No. 07-100 I 85-00-SUI Doc.I.D. 40589 12. Development of the site will create runofffr-om new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the 1998 KCSWDM and the City's amendments to the manual. The applicant's preliminary storm drainage TIR, was reviewed and accepted by the City's Public Works Department. Final review and approval of the storm drainage facilities as shown on the engineering plans will occur as part of the final plat process. 13. Public Works staffhave reviewed the project and concluded that, as conditioned in this report, the proposed street layout and street improvements of the subdivision are consistent with adopted codes and the Comprehensive Plan. 14. Based on the concurrency analysis for this project, the applicant is required to pay the City of .EederaLWa)'_S26,OlL(tw.ent}'~ixJhOlJsandand_eleY..en.d.Qllar..s)J.Q.wM.dsJraffic_mitigationL_.. 15. Water and sewer facilities are available from the Lakehaven Utility District and are adequate to serve the proposed development. It is the applicant's responsibility to secure all necessary water and sewer services from the utility provider. 16. Unusual levels of noise exist at the site due to the presence of Interstate 5 and the SeaTac Airport flight path. Noise reduction construction techniques can mitigate the noise. 17. The set of preliminary plat drawings and all attachments have been reviewed for compliance with the Federal Way Comprehensive Plan, FWCC Chapter 18, "Environmental Protection," Chapter 20, "Subdivisions," Chapter 22, "Zoning," and all other applicable codes and regulations. As proposed, and recommended by staff, the preliminary plat is consistent with the FWCP and the applicable codes and regulations. '\ j RECOMMENDATION Based on review of this application, the environmental record, and pertinent decisional criteria, the Department of Community Development Services recommends conditional approval of the preliminary plat. CONDITIONS 1. Prior to approval of the final plat, the applicant must submit to the City of Federal Way the fee-in-lieu of open space, calculated on 15 percent of the most recent assessed value of the property at the time of final plat. 2. Prior to approval ofthe final plat, the applicant must dedicate to the City, via statutory warranty deed, 30 feet of right-of-way for 29th A venue South and develop the right-of-way to City standards. 3. Prior to approval of the final plat, the applicant shall revise the plans to show a l5-foot-wide ''Tract X" (currently shown as a 15-foot-wide "Tract D") for future dedication to the City (through Statutory Warranty Deed), and the applicant shall specify on the plans that the Tract X will serve as a private driveway for the existing house on the proposed Lot I, until such time as the City can obtain the full right-of-way width. The developer must sign a Tract X Agreement which will be referenced on the final plat. 4. Prior to approval ofthe final plat, the plans must be revised to include terms ofthe water and sewer easement rights and benefits across Tract A, pertaining to Lots 5 through 8, to the satisfaction of Lakehaven Utility District. 5. The applicant shall include noise reduction building techniques in the construction plans for the new homes, such as special windows; prior to approval of the building permit for each new house, the noise reduction measures must be approved by the Building Official's Office. (The applicant is encouraged to check with the Building Official's Office regarding noise reduction measures, prior to submitting building permit applications.) Abby's Lane Preliminary PIal Staff Report to the Hearing Examiner Page 14 File No. 07-1 001 85-00-SUI Doc. 1:0. 40589 LIST OF EXHIBITS Copies of exhibits are not attached to all copies ofthis report. All exhibits have been provided to the Hearing Examiner. 1. Set of plans by ESM Consulting Engineers (Federal Way), revised July 9, 2007, received.1uly 12, 2007, including the foll<?wing: . Sheet 1, Preliminary Plat . Sheet 2, Preliminary Grading and Utility Plan . Sheet 3, Existing Conditions Survey · Sheet!-~1 PI:~~i!ll!Ill!J)'~!-~Il~~~?I~I!__~_-- . Sheet L-2, Preliminary Landscape Plan (continued) 2. Zoning and Vicinity Map 3. Aerial Photography Map 4. Quarter Section Map 5. Master Land Use Application, received August 18, 2005 6. Notice of Application + Optional Determination of Nonsignificance (DNS), February 13,2007 7. Comment Letter from Dalene Sheets, February 25,2007 8. Response letter from Matt Cyr ofESM to Dalene Sheets, July 3, 2007 9. Comment Letter from Amber Santiago, Puyallup Tnoe of Indians, February 27,2007 10. Final SEPA DNS, April 23, 2007 11. SEPA checklist, submitted January 11,2007, annotated by Andy Bergsagel, February 9,2007 12. King County Certificate of Water Availability 13. King County Certificate of Sewer Availability 14. Abby's Lane Preliminary Technical Information Report (TIR), prepared by ESM Consulting Engineers, dated May 16,2007, received May 29, 2007 15. Noise Evaluation, by Optimum Environment (Issaquah), received January 11,2007 16. Policy of Title Insurance, received January II, 2007 17. Wetland and Stream Analyses: a. Wetland Reconnaissance Report, by Chad Armour, LLC (Bellevue), August 14,2006 b. Consultant analysis: Technical Memorandum, from Suzanne Bagshaw of Otak (Kirkland), October 26, 2006 c. Letter from Andrew Bauer (City of Federal Way) to Ty Pedergraft of MT Land Development, Re: Wet1and Decision, dated October 26, 2007 . 18. Traffic "Concurrency Decision," issued by the Public Works Traffic Division, February 15,2007 19. Letter from Will Appleton to Howard Harris, dated June 25,2007 20. Right-of-way Modification Approval Letter, File No. 07-102885, dated July 26, 2007 21. Planned Street Sections Map 22. FWCC Chapter 20, Subdivisions, as in effect at the time of complete application 23. Notice of Hearing TRANSMITTED TO THE PARTIES LISTED HEREAITER . Phil Olbrechts, Federal Way Hearing Examiner (via City Clerk) . Agent: ESM Consulting Engineers, Attn: Matt Cyr, 33915 1st Way South, Suite 200, Federal Way, WA 98003 . Owner: Tracy Sears, clo MT Land Development LLC, PO Box 517, Auburn, W A 98092 . Ann Dower, Public Works Development Engineering . Soma Cbattopadybays, Public Works Traffic . Chris Ingham, South King Fire and Rescue . Brian Asbury, Lakehaven Utility District . Commenter # I: Dalene Sheets, 28231 2~h A venue South, Federal Way, W A 98003 . Commenter #2: Amber Santiago, Puyallup Tribe of Indians, 3009 East Portland A venue, Tacoma, W A 98404 Abby's Lane Preliminary Plat Staff Report to the Hearing Examiner Page 15 File No. 07-1 001 85-00-SU/ Doc. \.D. 4DS89 RESOLUTION NO. /t'fliRll4J!f1T A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING ABBY'S LANE PRELIMINARY PLAT, FEDERAL WAY FILE NO. 07-100185-00 SUo WHEREAS, the owner, MT Land Development LLC, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Abby's Lane, and consisting of 3,84 acres into ten (10) single-family residential lots located between 29th Avenue South and Interstate-5, just north of South 284 th Street; and WHEREAS, on April 23, 2007, a final Environmental Determination of Non significance (DNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEP A), Chapter 43.21 C; RCW, and WHEREAS, the Federal Way Hearing Examiner on August 22, 2007, held a public hearing concerning Abby's Lane preliminary plat; and WHEREAS, following the conclusion of said hearing, on September 6,2007, the Federal Way Hearing Examiner issued written Findings of Fact, Conclusions of Law and Recommendation containing fmdings and conclusions, and recommending approval of the Abby's Lane preliminary plat subject to conditions set forth therein; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of the Federal Way City Code to approve, deny, or modifY a preliminary plat and/or its conditions; and WHEREAS, on October 1,2007, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on Abby's Lane preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed Abby's Lane preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and WHEREAS, on October 16, 2007, the City Council considered the record and the Hearing Examiner recommendation on Abby's Lane preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions of Law. 1. The findings of fact and conclusions oflaw of the Hearing Examiner's September 6,2007 Findings of Fact, Conclusions of Law and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the fmdings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way H~aring Examiner Findings of Fact and Conclusions of Law contained therein as adopted by the City Council immediately above, Abby's Lane preliminary plat, Federal Way File No. 07-100185-00 SU, is hereby approved, subject to conditions as contained in the September 6, 2007 Findings of Fact, Conclusions of Law and Recommendation of the Federal Way Hearing Examiner (Exhibit A). Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision ofthe subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS _ DAY OF ,2007. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK A TIEST: CITY CLERK, LAURA HATHAWAY APPROVED As To FORM: CITY ATIORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED By THE CITY COUNCIL: RESOLUTION No. COUNCIL MEETING DATE: October 16,2007 ........... ..................HH....................................................................... ....................................................................... ..... ............................................................. ... . ..!~~~:_~J:::_________ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SOLID WASTE AND RECYCLING 2008-2009 GRANT ApPROVALS & RESOLUTION POLICY QUESTION: Should the City approve a resolution authorizing entering into contracts to receive and expend grant funds on a variety of projects that support Solid Waste & Recycling Program objectives? COMMITTEE: Finance & Economic Development MEETING DATE: October 2,2007 CATEGORY: D Consent D City Council Business D Ordinance I:8J Resolution D D Public Hearing Other STAFF REpORT By: Rob Van Orsow, Solid Waste/Recycling Coordinator DEPT: Public Works Attachments: 1. Staff report to FEDRAC dated October 2,2007. 2. Draft Resolution with Exhibit A. Options Considered: 1. Approve Draft Resolution and enter into grant-related agreements with related agencies. 2. Approve Draft Resolution, enter into grant-related agreements with related agencies, and direct specific changes to proposed grant-funded projects. 3. Do not approve Draft Resolution and do not enter into grant-related agreements with related agencies. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the October 16,2007 City Council Consent Agenda for approval. CITY MANAGER ApPROVAL: ~ DIRECTOR ApPROVAL: ~ Committee ~ Council ~ COMMITTEE RECOMMENDATION: Forward staff recommendation for Option 1 to the October 16, 2007 City Council Consent Agenda for approval. -- fJ- ~FaiSOn, Chair <. PROPOSED COUNCIL MOTION: HI mov approval of the Resolution, authorizing acceptance of monies and directing execution of agreements to accept funds from state and county sources for establishing projects that support the Solid Waste and Recycling program objectives. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOYED TO SECOND READING (ordinances only) REYISED - 02/06/2006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # K:\COUNCIL\AGDBILLS\2007\1 0-16-07 SW-R Grant Resolution 2008-2009.doc CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: Subject: October 2, 2007 Finance, Economic Dev~lo nt and Regional Affairs Committee Neal Beats, City Manage Rob Van Orsow, Solid ecycling Coordinator, Public Works Dept. ~ "I ~.Q.,. ~ Solid Waste and Recycling 2008-2009 Grant Approvals & Resolution BACKGROUND: Over $283,000 in grant funding is available in 2008 and 2009 to provide hazardous waste and solid waste reduction and recycling programs to area residents and businesses. Staff is preparing applications, project descriptions and scopes, and coordinating with grant agencies to secure these funds. For this two- year period, the Coordinated Prevention Grant (CPG) allocates $103,678 with a 25% match requirement. The Waste Reduction/Recycling (WRR) grant allocates $130,850, and the Local Hazardous Waste Management Program (LHWMP) Grant will provide approximately $48,742. Neither the WRR or LHWMP grants have match requirements, and they provide ample CPG match funds. The City Council is requested to approve receipt of this grant funding and implementation of the related projects. A draft resolution that includes a summary table showing grant funds, grant matches and anticipated 2008-2009 projects is attached for potential City Council action. OVERVIEW OF CURRENT GRANT CYCLE: The City of Federal Way has used grants for nearly fifteen years to support a range of waste reduction and recycling projects. The current 2006-2007 grant cycle focuses on the following projects: . Improving recycling services at targeted multi-family residences (including upgraded informational signage and container labels, recycling containers, promotional flyers distributed to residents, translations, and coordination with property managers and the hauler). . Production and distribution of educational materials, including the "Recycling Options" flyer, which is distributed to single-family residents each fall. This flyer gives a range of recycling information and includes the winter yard debris collection schedule and the household hazardous "WasteMobile" schedule. An 18-month calendar was also distributed in mid-2007 that highlighted service enhancements like Single Stream Recycling and Food Waste Recycling. These service enhancements were negotiated and added to base services without a rate increase. Upgrades are also underway to improve content and links for the City's solid waste and recycling website. . Operating and promoting spring and fall Special Recycling Events, which averaged over 900 participants and collection of over 70 tons of materials (ranging from motor oil to refrigerators) at each event. . Ongoing coordination with the Federal Way Public Schools (FWPS) to expand the District's recycling efforts, both in the classroom and throughout facilities. Signage, containers, kick-off events, and custodial staff training were provided to all 35 schools. FWPS achieved "Green Schools" status in 2006, and received the County Executive's "Green Globe" Award in 2007. . Support of the regional Northwest Natural Yard Days campaigns, promoting the sale of mulching lawn mowers and non-toxic gardening products, and providing training to sales staff at local participating retailers on "green" yard care methods. . Funding staff costs associated with Suburban City representation on the Local Hazardous Waste Management Program (LHWMP) Household Hazardous Waste Education Sub-Committee, and in the strategic planning process leading into the LHWMP Comprehensive Plan Update. Rob K:\FHSRAC (FEDRAC)\2007\1O-02-07 2008-09 SWR Grants MEMO.doc Van Orsow has served as a representative since 2001. In addition, grants have covered City staff costs for the ongoing King County Comprehensive Solid Waste Management Plan update process. · Distribution of price-subsidized backyard compost bins through a web-based vendor. · Promoting "no fee" Christmas tree recycling collection from all residents. · Public area litter and recycling containers, including those placed in the new Community Center. . Storm Debris Collection and Recycling, following adverse weather last fall. Costs for recycling this debris were covered through the yard debris and organic materials project (originally geared toward adding food waste to the' subscription yard debris program). Since food-waste recycling service did not go on-line until mid-2007, grant funds in the 2008-2009 cycle will focus on enhancements such as kitchen scrap carriers. · Outreach to area businesses offering assistance to implement or expand commercial recycling efforts, including provision of interior recycling containers, signage, and staff training appropriate for each business. To date, during the current grant cycle the above projects resulted in approximately $190,000 in reimbursable expenditures. So far, four grant reports & reimbursement requests have been filed with grant agencies to reimburse the City for these projects. Three more reports will be due at the close of 2007. Key projects remaining include the fall 2007 Options brochure, fall 2007 Special Recycling Event, and initial roll-out and promotion of Single Stream Recycling collection for targeted multi-family and commercial customers. SOLID WASTE & RECYCLING GRANT PROJECTS FOR 2008-2009: During 2008-2009, the projects listed above will continue - with the exception of storm debris collection and recycling. In addition, the following projects are proposed for grant fund support during 2008-2009. Please see the table in the attached draft resolution for information on which projects are funded by each grant or combination of grants. · Enhanced promotion of yard debris collection program to include food waste recycling, targeting compostable materials such as vegetable trimmings and cardboard pizza boxes. . Enhanced promotion for the citywide conversion of the curbside recycling program to "single- stream" collection (where all recyclables are combined), including support for "upsizing" recycling carts from the basic 64-gallon size to the 96-gallon size for customers requiring added recycling volume. · Expanding or modifying Special Recycling Events to focus on limited, pilot at-home collection options, to focus on bulky materials collection, moderate risk waste collection, or electronics scrap collection in conjunction with the 2009 statewide electronics scrap recycling roll-out. Even thought this application cycle covers a two-year period, grant funding will be apportioned annually, contingent upon the outcome of budgets adopted by the three administrative agencies (the State Legislature for the CPG grant, King County Council for the WRR grant, and the King County Board of Health for the LHWMP grant). Pending City Council action, staff will continue to draft scopes of work and applications for these grants in keeping with grant agency timelines, and then prepare for City execution of required grant contracts with agencies. In addition, any suggestions regarding grant projects will be welcome and incorporated into the grant applications. Attachment: Draft Grant Acceptance Resolution and Exhibit A K:\FHSRAC (FEDRAC)\2007\1 0-02-072008-09 SWR Grants MEMO.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING ACCEPTANCE OF MONIES AND DIRECTING EXECUTION OF AGREEMENTS TO ACCEPT FUNDS FROM VARIOUS STATE AND COUNTY SOURCES FOR ESTABLISHING PROJECTS WITHIN THE SOLID WASTE AND RECYCLING FUND. WHEREAS, cities are charged with providing and maintaining public projects necessary to maintain and improve the public health, safety and welfare; and WHEREAS, the financial resources of cities to provide these necessary service and improvements are limited; and WHEREAS, various state and county sources have special funds available to supplement city projects, which are awarded on a population allocation and project specific basis; and WHEREAS, the City staff has pursued obtaining these funds in order to maximize the local public benefits of these funds; and WHEREAS, the grants identified herein will net the City of Federal Way a total of Two- Hundred Eighty-three Thousand Two-Hundred Seventy and Noll 00 Dollars ($283,270) during 2008 and 2009; and WHEREAS, the City commits to accountability by measuring and quantifying the results of the funded programs; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Agreements Authorized. For all projects identified in Column 1 of Exhibit A, attached hereto and incorporated herein by this reference, the City Manager or his designated representative is authorized and directed to develop scopes of work and execute such agreements with the agencies identified in Column 2 of Exhibit A as are necessary to accept the grant monies identified in Column 3 of Exhibit A. Res. #_, Page I Section 2. Receipt of Funds Authorized. The City Manager or his or her designee is hereby authorized to receive the grant monies identified in Column 3 of Exhibit A attached hereto. Section 3. Creation of Solid Waste Proiect Grant Funds Authorized. At the time of execution of each agreement and acceptance of the grant funds specific to that agreement, separate projects shall be established within the Solid Waste and Recycling Fund, into which monies specific to that grant project shall be deposited. Section 4. Manager Shall Administer Funds. The City Manager or his or her designated representative shall have responsibility for the administration of the grant monies received, and award of grant projects to qualified vendors and contractors. Section 5. Identification of Source Funds. The approximate amounts and anticipated sources of revenue for the grant fund projects are identified in Exhibit A attached hereto. 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. Res. # _' Page 2 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 ATTEST: LAURA HATHAWAY, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Revised: 1/9/04 K:\FHSRAC (FEDRAC)\2007\10-02-07 SWR 2006-7 GRANT RESOLUTION. doc Res. #_, Page 3 Exhibit A GRAN'f \ MA.'fCll \ TERM- SOURCE A~{OU~T REQUIRED GRANT1YROJECT Column 2 Column 3 Column 4 Column 5 Column 1 200812009 coordinated p....ention Granl \ $34,559 \ 01/01/08 to foUI special Recycling Collectioo Events. . VI A Department of \ Recycling and Coo'l'ostinll Conlain" Dtstnbunon . . Ecology (DOE) $103,678 \2/31/09 Moderate Risk Was'" and ElectrOniCS waS'" Collecnon and Recycling Slallparticipation in Regional Solid was'" and Jiazardous was'" Plan updateS 200812009 lI'aste Reduetion and Reeycling progra'" Grant \ $130,850' \ LitWr and RecYcling collectinn in poblic PI"'es King County Solid $0 \ Su ort for Regional "Northwest NatUJltl yard DaYs" Outreacb proll""' . 01/01/08 to W:'" R,aoction 8< Recycling outreacb (Single-f.arnilY, Muln-F_IY and Bus"'esses) VI aste Division \2/31/09 yard Debris and ()t\te' Organic Ma",nals Col_on and RecyclO\ll (RCSWD) ReCyc1\nl\ and Cotol"'sting Container !)istri\>Ution . . Moderate Risk Waste, BUI';;y Materials, and ElectroniCS waSte Collecuon and RecycbOl! staff participatinn in Regional Solid was'" and fu2>'doUS Waste Plan updateS \ 200812009 Local Hazardous II' osle Manage",enl progra'" Granls Local1:lazardouS $0 \ 01/01/08 to VI aste Management $48,742* 12/31/09 FoUI special ReCycliog Events .' program in Ring Mod""'" Risk waSte and ElectroniCS was'" Collecnon and Recycl",g Slall participation as SubUI- Cities AsSOCiation ,.present"nve '" tbe UlwMP County (L1:lwM-P) 'fO'fAL\ $283,270 Crn' OF FEDERAL W ^ 'i SOLID w]t.S'fE & REC'iCLIl"G DIVISION GRAN'f l'ROJEC'fS ;\ND FlTI'lDIl"G AM-Olll'l'fS 200S-2009 . These grants provide all re<I"",d lOll,,\iinll {nods for tbe 200%/2009 eonr-ted l'tO"ention Grant __."n..lY!..01200S.2009 SW&l'- GtantS 1"able.doC COUNCIL MEETING DATE: October 16, 2007 ITEM #:~ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: REGIONAL SOLID W ASTEIRECYCLING PLANNING UPDATE POLICY QUESTION: Should a City representative co-sign a letter from the Metropolitan Solid Waste Management Advisory Committee (MSWMAC) to the King County Council to highlight concerns about waste- to-energy conversion technology? COMMITTEE: Finance & Economic Development MEETING DATE: October 2,2007 CATEGORY: r8J Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: Rob Van Orsow, Solid Waste/Recycling Coordinator DEPT: Public Works Attachments: 1. Staff report to FEDRAC dated October 2, 2007 with attachments, including draft letter from MSWMAC to King County Council. Options Considered: 1. Approve providing a City representative's signature on MSWMAC's letter to the King County Council to highlight concerns about waste-to-energy conversion technology. 2. Do not approve providing a City representative's signature on MSWMAC's letter to the King County Council to highlight concerns about waste-to-energy conversion technology. STAFF RECOMMENDATION: Forward Option 1 to the October 16, 2007 City Council Consent Agenda for approval. CITY MANAGER ApPROVAL: \~ coun~ DIRECTOR ApPROVAL: C!41Y\... Committee ~ Council ... COMMITTEE RECOMMENDATION: Forward Option 1 to the October 16, 2007 City Council Consent Agenda for approyal. Jiii{i, Chair. PROPOSED COUNCIL MOTION: "1 move approval of providing a City representative's signature on MSWMAC's letter to the King County Council to highlight concerns about waste-to-energy conversion technology. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # K:\COUNCIL\AGDBILLS\2007\1 0-16-07 Regional SW-R Planning Update.doc CITY OF FEDERAL WAY MEMORANDUM Date: To: Via: From: Subject: October 2, 2007 Finance, Economic DeveloC!me nd Regional Affairs Committee Neal Beats, City Manager Rob Van Orsow, Solid Wa e cycling Coordinator, Public Works Dept. <:::LJ'~ Regional Solid Waste/Recycling Planning Update & Waste-To-Energy Conversion Study BACKGROUND: Over the past several years, cities have been actively involved in a regional planning process for solid waste system improvements. This is the sixth in a series of ongoing updates on the current regional solid waste planning process. To date, updates have covered topics such as: . Pending closure of the King County-operated Cedar Hills landfill, . Potential export of solid waste to distant landfills, . Infrastructure upgrades for the existing King County-operated waste transfer system, . Potential revisions of the Solid Waste Interlocal Agreement's governance structure, and . King County's proposed 2008 tipping fee increase As part of this planning process City, County, Labor, and Private Hauler representatives have provided input into six reports to the King County Council (KCC) that describe elements of the current system, options for system changes, costs associated with various proposed "packages" for waste transfer system upgrades, proposed steps to modify system governance and interlocal agreements (lLA's), and input on rate changes. The planning process itself has evolved from focusing predominately on immediate waste export to the near-term transfer system upgrades needed regardless of final disposal option. These planning efforts also feed into the pending Comprehensive Solid Waste Management Plan update. UPDATES: Tipping Fee Increase Since the April 24, 2007 update to the City Council, cities (via both the Metropolitan Solid Waste Management Advisory Committee - a.k.a. MSWMAC - and the Suburban Cities Association) recommended approval of the proposed tipping fee increases for use of the County's transfer system. The KCC has since approved the increases effective January 1, 2008. The attached flyer, "New Solid Waste Disposal Rates" (Exhibit A), summarizes the implementation of these rate increases. No action is required by the City Council. The tipping fee increase will be passed directly through to ratepayers starting in 2008, proportional to the disposal component of rates originally established by the City's RFB process in 2002. Solid Waste Transfer and Waste Export System Plan The independent, third-party review of this Plan sought by the KCC is now complete. The review substantially supports the Plan's original findings. At their September 14, 2007 meeting, MSWMAC voted to send a letter reconfirming support for the Plan's findings to the KCC. Waste-to-Energy Conversion Study and MSWMAC Input During its past few monthly meetings, MSWMAC reviewed and discussed the findings of the Waste-to- Energy Conversion study prepared by engineering/consulting firm R.W. Beck. This study estimated capital costs for a garbage burner to exceed $500 million. The study also found that a garbage burner would have (I) significantly higher per ton operating costs, and (2) higher greenhouse gas emissions than waste export. K:\FHSRAC (FEDRAC)\2007\1O-02-07 Regional Solid Waste Update-WTE.doc WRSI is a business group that is promoting garbage burning technology, and has gained support of some KCC members. The group asserts the benefits of their proposed garbage burner (using "Advanced Thermal Recycling" technology) but some of these benefits are subject to debate. The attached table, "Comments on WRSI Presentation on Advanced Thermal Recycling, August 23, 2007" (Exhibit B), compiled by City of Newcastle Mayor Jean Garber (MSWMAC Chair) lists WRSI assertions and rebuttals. One hurdle which will complicate any Waste-to-Energy option is the 2028 end term of the current Solid Waste Interlocals (ILA's). Typically, financing a garbage burner at this scale would require a "put-or- pay" commitment: either guarantee delivery of minimum garbage tonnage, or pay penalties for not meeting garbage "flow" amounts. This could create a conflict that pits future recycling options against the need for garbage "flow" in order to avoid paying penalties. Convincing all Suburban Cities to extend their individual Solid Waste Interlocals well beyond 2028 under this scenario could prove difficult, especially when the costs, risks, and proposed sites for a garbage burner become more widely known. Without the cities being motivated to extend their !LA's, it is uncertain the County as a whole would be able to support garbage burning technology at this scale. Attached is a draft letter that MSWMAC plans to send to KCC, outlining three main positions: 1. That the KCC continue its current policy course toward waste export by implementing the recommendations in the Solid Waste Transfer and Waste Export System Plan. Unlike more densely populated regions where garbage burners are more common, the Pacific Northwest is home to ample, dry-climate landfill capacity accessible via waste export, at a lower cost than a garbage burner. 2. That every means to extend the life of the Cedar Hills Landfill be explored, including partial early waste export, to keep solid waste disposal rates as low as possible for as long as possible. This also provides planning flexibility, should other more cost-effective disposal alternatives become available in the coming decade and beyond. 3. That no further resources be expended on the study of waste-to-energy conversion technologies at this time (other than thoroughly addressing waste-to-energy conversion within the pending Comprehensive Solid Waste Management Plan update). The intent is to finalize the attached letter (Exhibit C) at the October 12, 2007 MSWMAC meeting, and then have all MSWMAC represented cities sign it. City Councilmember input on MSWMAC's proposed actions on the Waste-to-Energy issue should be forwarded to the City Council's MSWMAC representatives prior to the October 12, 2007 MSWMAC meeting. The City's lead MSWMAC representatives, Councilmember Dovey or Assistant City Manager Roe, can provide the signature, but Mayor Park or City Manager Beats may also be appropriate for this purpose. COMMITTEE ACTION: As outlined on the accompanying Agenda Bill, staff recommends that the Committee approve providing a City representative's signature on MSWMAC's letter to the King County Council to highlight concerns about waste-to-energy conversion technology. Attachments: New Solid Waste Disposal Rates flyer (by King County Solid Waste Division) Table with Comments on August 23, 2007 WRSI Presentation (by MSWMAC Chair Garber) Draft Letter to King County Council re: "Direction of Solid Waste Management Planning" (by MSWMAC Chair Garber) K:\FHSRAC (FEDRAC)\2007\IO-02-07 Regional Solid Waste Update-WTE.doc Solid Waste Disposal Facilities Algona Transfer Station 35315 West Valley Highway, Algona Hours: Mon-Fri: 6:15 a.m. - 5 p.m. Sat-Sun: 8:30 a.m. - 5:30 p.m. Bow lake Transfer Station 18800 Orillia Rd. S, Tukwila Hours: Weekdays: Midnight Sun - 7 a.m. Sat Sat-Sun: 8:30 a.m. - 5:30 p.m. Cedar Falls Drop Box 16925 Cedar Falls Rd., SE, North Bend Hours: Mon, Wed, Fri. Sat, Sun: 9 a.m. - 5 p.m. . Closed: Tues & Thurs Enumclaw Transfer Station 1650 Battersby Ave. E., Enumclaw Hours: Fri-Tues: 9 a.m. - 5 p.m. Closed: Wed & Thurs Factoria Transfer Station 13800 SE 32" j St.. 8ellevue Hours: Mon-Fri: 6:15 a.m. -11:30 p.m. Sat-Sun: 3:30 a.m. - 5:30 p.m. Household Hazardous Waste Drop-Off: Tues - Sun: 9 a.m. - 5 p.m. Houghton Transfer Station 11724 NE 60'" St., Kirkland Hours: Mon-Fri: 8 a.m. - 5 p.m. Sat-Sun: 8:30 a.m. - 5:30 p.m. Renton Transfer Station 3021 NE 4'h St., Renton Hours: Mon-Fri: 6:30 a.m. - 4 p.m. Sat-Sun: 8:30 a.m. - 5:30 p.m. Shoreline Recycling and Transfer Station (Formerly "First Northeast") 2300 N. 16S'h St., Shoreline NOTE: Station Re.Opens Early 2008 - Call first! Hours: Mon-Fri: B a.m. - S p.m. Sat-Sun: 8:30 a.m. - 5:30 p.m. i Map is not drawn to scale ~:~Rd w ~lQ. ~ ~ sw Cemetery Rd. Vashon All facilities are closed on Thanksgiving, Christmas, and New Year's Day. Skykomish Drop Box C W King County D2;J.'.Irt:nan;JI Natural ?a50L:r::;~;; 3nd J,-:i;k:; Solid Waste Division King S!ra-:!t Cent~r. 3u:te ;"Q 1 2,] 1 S J3:::kSDn 3t Se3ltie. WA 93104-3355 ':,'0\'','1 m~!I'')'.c:::: g'J'lldnrp"3,,',j Secure Your Load For Safer Roads! Skykomish Drop Box 74324 NE Old Cascade Hwy., Skykomish Daily Summer: 9 a.m. - 6 p.m. (Daylight Savings Time) Hours: Winter: 8 a.m. - 5 p.rn. (Standard Time) Vashon Transfer Station 18900 Westside Hwy. SW, Vashon Hours: Mon, Wed, Fri, Sat, Sun: 9 a.m. - 5 p.m. Closed: Tues & Thurs Ej(h', bi+ A New Solid Waste Disposal Rates EHecnveJanuary1,200B First increase in nine years . Efficient and reliable service . Protection of public health and the environment . Value for your money IIhy are the rates going upl he rate increase will help finance major capital improvements to the .ounty's aging transfer system infrastfUcture. Most of the county'S solid Naste transfer stations were built in the mid-1960s and are operating at or over capacity to keep pace with the nearly one million customer transactions and over one million tons of garbage handled each year. The ra\e increase will also pay for increased fuel, equipment, and maintenance costs, and the many programs and services offered by King County Solid Waste Division. Despite having implemented operating efficiencies, the Solid Waste Division can no longer absorb these increased costS or delay needed capital projects. The last rate increase was in January 1999. Even with this latest rate increase, King County's diSposal fees remain among the lowest in the region. This rate increase wi\laffect your curbside garbage collection bill. The impact of this change on the average customer with one-can service wil\ be an increase of $0.73 per month. The rate increase is based on projections of solid waste tonllage and the costs to operate the solid waste management system in the upcoming three-year rate period. Distribution of forecast Costs 2008-2010 What do you, .......1"-- Here are some of the many programS and services available to county residents and businesses: . Ten geographiCallY dispersed solid waste transfer facilities, many of which also accept recyclables. . Waste reduction and recycling programs in your city or community are funded in part by King County grants - such as recycling collection eventS. . The award-winning Cedar Hills Regional landfill - the useful life of which has been extended through operational efficiencies and your recycling efforts. . A hotline to report illegal dump sites . Green building resources for homeowners and businesses to increase the efficiency of the energy, water and materials used in residences and commercial buildings. . Assistance to businesses to expand markets for recycled materials. . WorkshoPS on environmental stewardship and conservation in schools. . AssistanCe with clean up of contaminated sites for reuse and redevelopment. www.metrokLgovldnrplswd . 206-296-4466, Toll-free: 1_800-325-6165, ext. 6-4466 206-296-6540 206-296-4692 Toll-free: 1_888-869-4233 206-296-SITE (7483), Toll-free: 1_866-431-7483 1_866-L\TIER- 1 (1_866-548-8371) for More 'nformation Solid Waste Division Web site General Information. . . . . 24-Hour Recorded Information Household Hazards Line. . . . . . . . King County \l\egal Dumping Hotline Report Unsecured loads & Litterers Use TTY Relay: 711 for all numbers listed above Solid Waste Disposal Fees - Effective January 1, 2008 Garbage . Per Ton Fee . Minimum Fee $95.00 S15.31 separated Yard Waste and Wood Waste for Recycling Only* . Per Ton Fee . Minimum Fee '582.50 $13.25 $350 S1.34 '53.55 $.60 $102.05 $17.25 Alternate Formats Provided Upon Request. (all 206-296-4466. 1_800-325-6165 ext. 6-4466. TTY Relay: 711 . 5"'''''''' ,,,, .... ....-' .... ." ~,.'" "" ~,d''''''' rood"'''- of ~"",,",.. -'''~' ,-, ~ "" ,"" 1m """"".m .... .... .ood .,,, ,_"00 ,... " ""'""" "",,"'g' " ," ,",,"" ".. "'. ,.. ~ ."' ., ,,, .,,,ro''''" NlA NlA NIA NlA $82.50 $13.25 tQ King County J~p3.(\rn~;'-\ .Jl ~.i3~~J'3; R~::;7;JfS~; 3..'10 ::J1'1:'.3 soUd Waste DiVis,o(l Ex/~i b;f 13 COMMENTS ON WRSI PRESENTATION ON ADVANCED THERMAL RECYCLING, AUGUST 23, 2007 ISSUE STATEMENT IN PRESENTATION COMMENTS Greenhouse Gas Landfills produce substantially The R.W. Beck report concludes that waste export/landfilling would result in somewhat lower Emissions greater greenhouse gas emissions greenhouse gas emissions than the WTE technologies. This differs from the conclusions of than waste-to-energy (WTE) some researchers due to (1) the relatively high landfill gas collection efficiency at landfills in facilities. Washington State compared to the national average; and (2) the relatively low avoided emissions in Washington State, where only a small percentage of electricity is generated from coal combustion. (Avoided emissions - i.e., emissions that are avoided because the WTE facility or landfill generates electricity that would otherwise have to be generated by the local power supply - are subtracted from each technology's total emissions to get net emissions.) Annual Availability The Hamburg WTE facility has The R.W. Beck study states that over the last four years, the two processing units (1,100 ton- virtually no down time for scheduled per-day each) at the Hamburg WTE facility have had an average annual availability of 92% and unscheduled maintenance. and 93%. That means one unit is down for scheduled and unscheduled maintenance about 8% of the time, or 29 days/year; and the other about 7% of the time, or 26 days per year. Need for No landfilling is needed in This may be true in Hamburg, but wouldn't be true in King County. The Hamburg WTE facility Landfilling conjunction with the Hamburg WTE produces hazardous fly ash that is wetted to form a slurry and pumped into old salt mines. facility. Bottom ash is recycled. Here in Washington State, the law requires that both fly ash and bottom ash be landfilled. The R.W. Beck report indicates that fly ash and bottom ash together represent about 10% by volume and 25-30% by weight of the incoming waste. In addition, the R.W. Beck report states that about 5% of King County's waste stream by weight would not be processible in a WTE facility like the one in Hamburg, and would have to be disposed by other means. Landfill capacity may also be needed for waste brought to the facility when it is down for scheduled or unscheduled maintenance (see above) Effect on The Hamburg WTE facility has no The R.W. Beck report concludes that King County' recycling rate could increase to 60% with Recycling effect on recycling. Germany has only a small impact on the energy production per ton of waste processed in a conversion one of the highest recycling rates in facility. However, as the recycling rate approaches 70%, there would be enough of an impact the world at 65%. on energy production to affect decisions about the size and operation of the facility. If the county were to commit to a certain size facility based on today's recycling goals, it may limit the county's ability to exceed those goals during the 40-year life of the facility, because certain material may have to be used as fuel rather than recycled. Visibility of Plume Since the moist air coming from the That means the plume would be visible much of the time here in King County, based on stack is at 700 F, the plume from the National Weather Service monthly temperature summaries for the years 1999 through 2007. stack would only be visible when the To dispose of King County's 1.2 million tons per year of garbage (in 2016), four 800 ton-per- outside air temperature is below 70 day WTE processing units would likely be placed on the same site. Each processing unit degrees. would have its own 200+ -foot stack (a total of four stacks). Each stack would have its own white plume every time the outside temperature is below 700 F. Jean Garber 1 9/20/2007 ISSUE STATEMENT IN PRESENTATION COMMENTS Use of Steam Seattle Steam could use steam In order for Seattle Steam to make use of steam from a WTE facility, the WTE facility would generated by a WTE facility. have to be sited in the industrial area of Seattle within close proximity of Seattle Steam. It is highly unlikely that a King County WTE facility could be sited in this area given Seattle's experience trying to site its own intermodal facility in Georgetown. WRSI has referred to the old Weyerhaeuser Mill site in Snoqualmie, the Cedar Hills Landfill, and a site on the Snohomish River, as being potential sites for an incinerator. Apart from how problematic it would be to site a WTE facility at any of these locations, none of them would allow the steam to be used by Seattle Steam. Potential for Spokane had four superfund landfill First, the Spokane Superfund sites are unlined landfills, so it is not surprising they leaked. Landfills to Leak sites before the City/County decided Second, the presenter who says all landfill liners will fail is no doubt quoting G. Fred Lee, who to build an incinerator. All landfill has written for two decades that Subtitle D landfills will inevitably fail due to breakdown of the liners will fail in 50 to 60 years and landfill liner and that groundwater will be polluted. What Lee says may be true for some pollute groundwater. landfills, but there is no reason to believe it is true for the Northwest arid-area landfills to which King County would export its waste (which are built to more stringent non-arid standards). Liners are only likely to leak if there is leachate buildup in the landfill. But at the Roosevelt, WA Regional Landfill (typical of an arid-area landfill), TVing of leachate observation pipes has indicated there is no leachate head over the bottom liner (Klickitat County, December 2001 EIS). Also, rigorous construction quality assurance and operations measures are taken to minimize the potential for leaks. These measures, combined with the lack of leachate head, address the issues that G. Fred Lee cites as contributing to liner leaks. King County could require such measures in its waste export contract. Railroad Reliability The unreliability of the railroads is an There is currently substantial waste export occurring in the region, and the private haulers unacceptable risk, and no business appear to have a relationship with the railroads that keeps the waste trains moving. Private should take that risk. haulers have said they would prefer to operate intermodal facilities so they can continue to be the ones interfacing with the railroads. Post-Closure Care The law only requires a 30-yr. post- Washington State's Criteria for MSW Landfills require post-closure care during the 30-year of Landfills closure period, and landfills in post-closure period, including maintaining the integrity of the final cover, maintaining the Europe have been found to leachate collection system, maintaining groundwater and landfill gas monitoring, and be"unstable" long after that (that is, continuing active gas collection if needed. The regulations state that the 30-year post-closure they keep generating landfill gas and care period may be increased by the jurisdictional health department if the lengthened period leachate). Landfills will be is determined necessary to protect human health and the environment (in other words, if abandoned after 30 years and leachate and/or landfill gas still need to be managed). Post-closure care periods for the large pollute the environment. landfills to which King County would export waste would likely extend well beyond 30-years. Jean Garber 2 9/20/2007 DRAFT Exhibi.t {~ October 19,2007 The Honorable Larry Gossett, Chair King County Council Room 1200 COURTHOUSE RE: Direction of Solid Waste Management Planning Dear Council Chair Gossett: In July 2004, the King County Council adopted Ordinance 14971, which established the Metropolitan Solid Waste Management Advisory Committee and charged it with developing recommendations for the solid waste transfer and waste export system. The ordinance responded to a council policy decision to export the county's solid waste to one or more landfills after the Cedar Hills regional landfill reaches capacity and closes. The council rejected alternatives to waste export, including development of a new landfill in King County or incinerating the county's waste. Three years later, we believe the directives of Ordinance 14971 have been fully implemented. The four milestone reports specified in Section 6 of the ordinance were submitted to the council and the Regional Policy Committee in its capacity as solid waste interlocal forum in 2005 and early 2006. These reports provided the basis for the Solid Waste Transfer and Waste Export System Plan, submitted in September 2006. Other deliverables required by Ordinance 14971 have also been submitted to the council, including an independent review ofthe Solid Waste Transfer and Waste Export System Plan prepared by GBB. While the independent review provides some additional recommendations for the County to consider, it supports the recommendations in the Transfer and Waste Export System Plan. In addition to the directives of Ordinance 14971, the council added a proviso to the 2007 Solid Waste Division budget that required the Division to retain a consultant to prepare a comparative evaluation of incineration technologies and waste export. The Division retained R.W. Beck to conduct the evaluation. After review and comment on the draft report by MSWMAC and SW AC, the final R.W. Beck report was submitted to the council on August 6, 2007. Now that the R.W. Beck report is complete, we believe it is important to convey to the council our impression of what the report means to the future ofthe solid waste system, and to offer our recommendations on how to proceed from here. Our overall impression after a careful reading of the R.W. Beck report is that it does not reach any conclusions that support a move away from the current policy of waste export. Among the key conclusions of the report are: October 19, 2007 Page 2 1. The three feasible incineration technologies are estimated to cost more than waste export over the 20-year analysis period. The following cost estimates are for the 20-year period from 2016 (the assumed first year of closure ofthe Cedar Hills Landfill) to 2035. Costs are expressed in net present value per ton in 2016, and take into consideration capital and operating costs, as well as energy revenues: Mass Burn Waste-to-Energy $42-58 per ton Refuse-Derived Fuel (RDF) Waste-to-Energy $59-74 per ton Advanced Thermal Recycling* $54-70 per ton Waste Export $43-47 per ton *The German technology being promoted by the vendor WRSI The higher per-ton cost of incineration technologies would be significant when multiplied by the estimated 1.2 million tons per year of solid waste requiring disposal by 2016. 2. The incineration technologies would have somewhat higher greenhouse gas emissions than waste export to a landfill. This conclusion disagrees with that of some other researchers who have found greenhouse gas emissions from incineration technologies to be similar to or less than those from landfills. The R.W. Beck report explains that the difference in conclusions is caused by: I) the greater landfill gas collection efficiency ofthe modern landfills considered in the report compared to the national average, and 2) the relatively low avoided emissions in Washington State compared with other states where a higher percentage of the electricity is generated from coal combustion. 3. Incineration technologies would compete with recycling as the recycling rate approaches 70 percent. The R.W. Beck report concludes that King County' recycling rate could increase to 60% with only a small impact on the energy production per ton of waste processed in an incinerator. However, as the recycling rate approaches 70%, there would be enough of an impact on energy production to affect decisions about the size and operation of the facility. Ifthe county were to commit to a certain size incinerator based on today's recycling goals, it may limit the county's ability to exceed those goals during the 40-year life ofthe facility, because certain materials may be required to be used for incinerator fuel rather than recycled. 4. Incineration technologies have down time for scheduled and unscheduled maintenance on an annual basis. Mass burn and advanced thermal recycling facilities would be expected to be down about 10 percent ofthe time or 36 days per year; while RDF facilities would be expected to be down about 13 percent of the time or 47 days per year. 5. Incineration technologies still require landfill capacity. The R.W. Beck report indicates that landfill capacity would be needed for a) fly ash and bottom ash, which together represent about 25-30% by weight of the incoming waste, b) non-processible waste, which represents about 5- 10% ofthe incoming waste by weight, depending on the technology; and c) waste brought to the facility when it is down for scheduled and unscheduled maintenance. Bottom ash is recycled at some locations, but Washington State law requires all ash to be landfilled. Fly ash potentially tests as a hazardous waste. October 19, 2007 Page three In summary, based on the R.W. Beck report, we believe that the incineration technologies available today offer no advantage to King County and its contract cities compared to waste export. Furthermore, we are concerned about two issues related to incineration technologies that are not addressed in the R.W. Beck report. First, building an incinerator would be a less flexible approach to disposal following closure of the Cedar Hills Landfill. It would likely require that the county and its contract cities commit to long- term contracts with no opportunity for periodic contract reopeners to consider other vendors or other emerging technologies that may become commercially viable. Waste export, on the other hand, would provide the flexibility for periodic contract reopeners. Second, the siting process for an incinerator would be costly, time-consuming, and controversial- and may ultimately not be successful. None of the issues that were of most concern in the mid- 1980's have been eliminated - the risk of fugitive emissions of hazardous materials from the stacks should air-pollution controls fail (however unlikely that may be); the need to handle and dispose of hazardous fly ash; the visibility and industrial look of the tall stacks and plumes (a facility large enough to serve King County would likely have four 200+-foot stacks); concerns on the part of potential host jurisdictions that the facility and its attendant truck traffic would adversely affect their community identity; and the lack of a clear need to build a $530-700 million facility (20 13 dollars). King County is fortunate to have several already permitted MSW landfills that have a combined capacity of hundreds of millions of tons ofMSW; are within cost-effective rail-haul distance; have or have the potential for energy recovery; are located in sparsely populated jurisdictions who depend on the jobs and revenues the landfills provide; and are in arid areas where leachate is substantially reduced, the topography and geology are well suited to landfills, and the land can revert back to its original use for grazing or wildlife habitat. Based on the above considerations, we strongly recommend the following: 1. That the council continues its current policy course toward waste export by implementing the recommendations in the Solid Waste Transfer and Waste Export System Plan. 2. That every avenue to extend the life of the Cedar Hills Landfill be explored, including increased recycling and partial early waste export, to keep our solid waste rates as low as possible for as long as possible and to provide maximum flexibility for long-term planning. 3. That no further resources be expended on the study of incineration technologies at this time. We believe there is sufficient information in the R. W. Beck report to analyze waste export and incineration technologies at a programmatic level in the Comprehensive Solid Waste Management Plan update and its EIS. Thank you for the opportunity to provide these recommendations. We would be happy to answer any questions the council may have. Respectfully Jean Garber, Chair [Also signed by other cities that approve the letter.] K:\SWR\KCSWD\MSWMAC\lncineration, Waste Export Letter (l).doc I~ COUNCIL MEETING DATE: October.~ 2007 ITEM #: 5 rY\ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL Subject: USING EXCESS REET REVENUE TO RETIRE THE 1997 GENERAL OBLIGATION BONDS ON DECEMBER 1, 2007 POLICY QUESTION: Should the City use extra Real Estate Excise Tax (REET) revenue collected in 2007 to retire the remaining balance of 1997 General Obligation (GO) bonds? COMMITTEE: Finance, Economic Development & Regional Affairs MEETING DATE: October 2,2007 CATEGORY: [gI Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other ~!A~:I.<:...~~2~!..!.!X.:.....!~~~..y'y'~~g.?...~.~~..!~!~!...g.!..!Y....M~~~g.~!.....m......._ .....__:Q.!!!..;....~i!Y.. M.~ag~r'~ O!.!!ce ......__...... BACKGROUND: Currently, the debt services are paid from two designated revenue sources: the REET and the Utility Tax; both revenue sources are performing better than anticipated in 2007. The bond issue eligible for pre-payment at this time is the 1997 General Obligation Bond issued for the 1997 Civic Improvement Programs funded by utility tax. 17> The 1997 GO has a principal balance of $1.89 million, which will mature over the next five years with an annual debt services payment of around $430,000, for a total of $2.15 million over the five-year period. The current projection for 2007 REET is $5 million. That is $2.2 million above the amount budgeted and is sufficient to retire the entire balance of the 1997 GO. As Council is aware, REET revenue can only be used for capital facility purposes, including repayment of debts used for capital purposes. It is important to know that the interest rate on the remaining balance of this bond is 5.25%. This is right at, or slightly below, the earning rate on City's investments. Which means the City could invest the $1.89 million and can earn the same or slightly more than the $258k interest cost that would be avoided by paying the bonds off early. Therefore, no direct financial gain will be realized from this action. However, the City could indirectly benefit by reducing its overall debt burden which will allow more flexibility in the City's resources over the next five years. OPTIONS CONSIDERED: 1 Approve using additional REET to retire the $1.89 million balance of 1997 bonds on December 1,2007. 2 Invest the additional REET collection and pay the 1997 bonds as they become due over the next 5 years. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: \.i.^ j Committee ~0 C cil COMMITTEE RECOMMENDATION: I move approval of using REET to retire the b December 1,2007. Lofh"on9 ~.l-t- - 'Eric Faison, Chair of 1997 GO bonds on PROPOSED COUNCIL MOTION: I move approval of using REET to retire the balance of 1997 GO bonds on December 1, 2007. (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 # k:\fedrac\2007\october 2, 2007\bond.doc COUNCIL MEETING DATE: October 16,2007 ...~!~~~:~~m CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2007-2008 Diversity Commission Business Plan POLICY QUESTION: Should the City of Federal Way accept the Diversity Commission Business Plan? COMMITTEE: PRHSPS MEETING DATE: October 9,2007 CA TEGORY: ~ Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other ~!~..~.!'...~.~.""2.~_!~:x.:...~g~~_i.~~..~n~!l:Mp)'i~.i,...!:I111!ll:l!l...~.~!:Yi.c:.~~.M_~~~g~~....._..._m '?~~!.:_.~2ty _~~~~~_~_ Attachments: · Memo to PRHSPS Council Committee dated September 17,2007. · 2007-2008 Diversity Commission Business Plan. Options Considered: I. Authorize the City Manager to approve the 2007-2008 Diversity Commission Business Plan. 2. Not authorize the City Manager to approve the 2007-2008 Diversity Commission Business Plan 3. To amend the proposed 2007-2008 Diversity Commission Business Plan. STAFF RECOMMENDATION: Option 1 is recommended. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ Committee bHf1... Council COMMITTEE RECOMMENDATION: "/ move approval of option L with the authorization for the City Manager to enter into the appropriate contracts" , Member -. .,f; ......1) PROPOSED COUNCIL MOTION: "/ move approval of option _ with the aut orization for the City Manager to enter into the appropriate contracts" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL FINANCE, HUMAN SERVICES AND REGIONAL AFFAIRS COMMITTEE Date: From: Via: Subject: September 17, 2007 ~ Angelina Allen-Mpyisi, Human Services Manager Cary Roe, Assistant City Manager lMf\-.. 2007 -2008 Diversity Commission Business Plan BackQround Each year the Diversity Commission develops an annual Business Plan that directs their activities for the year. At the Commissions July 31 retreat, members developed their proposed 2007-2008 Business Plan. Primary activities of the Business Plan include, and are not limited to, the following: · Manage the Martin Luther King, Jr. event and the Senior High School Summit. · Conduct a book donation drive that will provide culturally diverse books to school libraries for the enrichment of young readers. · Conduct a book discussion group or a forum around a variety of topics that can enable the Federal Way community to come together and help enhance everyone's understanding of a diverse community. · Organize a "Bite of Federal Way" or a community event that features the food, traditions and entertainment of various cultural groups. · Promote public relation efforts through the following: 1) attending Council Committee and City Council meetings, 2) the use of various media forums (i.e. local/ethnic newspapers, Channel 21, City Update Newsletter, Commission Brochure) and 3) event attendance. A copy of the proposed 2007-2008 Business Plan is attached for your review. The Diversity Commission Chair will be at the Council Committee meeting to provide additional information or answer specific questions. Option 1: Recommend approval of the 2007-2008 Diversity Commission Business Plan. Option 2: To not recommend approval of the 2007-2008 Diversity Commission Business Plan. Option 3: To amend the proposed 2007-2008 Diversity Commission Business Plan. Staff Recommendation Approve the 2007-2008 Diversity Commission Business Plan, Option 1, and forward to the full council for approval at the October 16, 2007 regular City Council meeting. Diversity Commission Recommendation On September 12, 2007 the Commission approved staff's recommendation (Option 1). Committee Recommendation Forward option consent agenda. to the full City Council and place this item on the October 16, 2007 2 Purpose: Mission: Members: Projects: FEDERAL WAY DIVERSITY COMMISSION BUSINESS PLAN 2007-2008 Advises the City Council on policy matters involving the community's cultural and ethnic differences, ensuring that these differences are considered in the decision-making process. To help Federal Way become a community which is united amidst diversity, where each individual is respected, equally valued, equally needed and equally cherished. Equality is not sameness; it is equivalent value. Deborah Little (Chair), Suzanne Smith (Vice-Chair), Chris Brown, John Hwang, Grace Rawsthorne, Joy Thomas and Ron Walker. Martin Luther King Event Manage the 2008 Martin Luther, Jr. celebration and the Senior High School Summit. Partner with an organization to complete a community service project. (January 2008) Book Donations Provide culturally diverse books to school libraries and non-profit organizations for the enrichment of young readers. (October/November 2007) Discussion/Book Groups (Topic Specific}/Forum/Debates Provide an opportunity to engage the City and the Federal Way community to come together and have a discussion on a variety of topics that will help create a greater understanding of the value of a diverse community. (On-going) Public Relations Attend Council Committee and Council meetings. Promote programs and diversity through all media forums (i.e. local/ethnic newspapers, Channel 21, City Update Newsletter, Commission Brochure) and event attendance. Work with the local newspapers to have a regular column. Establish media contacts/and build relationships. Examine budget and strategies. (Ongoing) Bite of Federal Way/Community Celebration Organize an event that features the food, traditions and entertainment of various cultural groups. (Summer 2008) Human Resources Assistance Offer suggestions to the City Manager and staff to help achieve and maintain a labor force that reflects the diversity of Federal Way. Establish an efficient, effective recruitment strategy to ensure a sufficient number of Diversity Commissioners represent various ages, diverse cultural backgrounds, classes and genders. Contact small, ethnic media newspapers and outlets to educate market and assist in facilitating diversity in the City's workforce and commissions. COUNCIL MEETING DATE: October 16, 2007 ..................................................................................................................................................... .........................- ....!!~~_~~_...12~ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: City Council Position Regarding Sound Transit and Regional Transportation Improvement District Proposition No. 1 Regional Roads and Transit System. POLICY QUESTION: SHOULD THE CITY COUNCIL COLLECTIVELY TAKE A POSITION REGARDING THE SOUND TRANSIT AND REGIONAL TRANSPORTATION IMPROVEMENT DISTRICT'S BALLOT PROPOSITION No. 1- REGIONAL ROADS AND TRANSIT SYSTEM, WHICH WILL BE BEFORE THE ELECTORATE ON NOVEMBER 6, 200n COMMITTEE: N/A MEETING DATE: CATEGORY: D Consent IZI City Council Business D Ordinance D Resolution !g D Public Hearing Other STAFF REpORT By: PAT RICHARDSON DEPT: Law Department Attachments: Staff Report Options Considered: 1. City Council may collectively endorse Sound Transit and Regional Improvement District Ballot Proposition No. 1 - Regional Roads and Transit System. 2. City Council may collectively oppose Sound Transit and Regional Improvement District Ballot Proposition No.1 - Regional Roads and Transit System 3. City Council may not take a collective position. STAFF RECOMMENDATION: N/A DIRECTOR ApPROVAL: Committee DMC- Council CITY MANAGER ApPROVAL: Committee Council PROPOSED COUNCIL MOTION: "I move approval of Option regarding the Sound Transit and Regional Transportation Investment District Proposition No. 1 - Regional Roads and Transit System" COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ~ CITYOF ~ ~ Federal Way CITY ATTORNEY'S OFFICE MEMORANDUM DATE: OCTOBER 9, 2007 TO: FEDERAL WAY CITY COUNCIL FROM: PATRICIA RICHARDSON, CITY ATTORNEY f'ArL. SUBJECT: SOUND TRANSIT AND REGIONAL TRANSPORTATION INVESTMENT DISTRICT - PROPOSITON NO.1 REGIONAL ROADS AND TRANSIT SYSTEM Background: State law prohibits the use of public facilities for all campaign purposes (i.e. an individual candidate and/or ballot proposition). However, public facilities may be used if the City Council desires to take a formal and collective position. State law provides public facilities may be used provided (1) the notice of the meeting includes the title and number of the ballot proposition, and (2) all are provided an approximately equal opportunity to express individual opinions (pro and con). On October 2, 2007, the City Council voted to place the subject of the Sound Transit and Regional Transportation Investment District Ballot Proposition concerning Regional Roads and Transit System on the agenda for the next City Council Meeting, which is October 16, 2007. Representatives from Sound Transit and the Regional Transportation Investment District will present factual information regarding the intended purpose of the Ballot Proposition as it relates to Federal Way. K:\Agenda Item\Council\2007\RTID Proposition Memo RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, SUPPORTING THE SOUND TRANSIT AND REGIONAL TRANSPORTATION IMPROVEMENT DISTRICT BALLOT PROPOSITION NO.1 REGIONAL ROADS AND TRANSIT SYSTEM WHEREAS, traffic congestion is ofa great concern to the citizens of Federal Way; and WHEREAS, traffic congestion is a regional issue not unique to Federal Way; and WHEREAS, Federal and/or State funding for construction projects designed to alleviate traffic congestion is quickly becoming more difficult to obtain with fewer dollars; and WHEREAS, the State Legislatures authorized and respective counties agreed to fund high- capacity transportation system for Pierce, King and Snohomish Counties; and WHEREAS, the State Legislature created the Regional Transportation Improvement District ("RTID") to address traffic congestion along the regional roads; and WHEREAS, the State Legislature enacted legislation requiring Sound Transit and RTID to submit one comprehensive ballot title to the voters to determine whether the integral transportation parts, as a single transportation system, should be funded; and WHEREAS, the identified projects for the requested funding that directly impact the City of Federal Way include (1) light rail connecting Federal Way to Seattle, Tacoma, and the Eastside with possible three stations within the City; (2) $120 million for rebuilding of the 1-5, SR 18 and SR 161 interchange; and (3) $1.05 billion for extending SR 509 together with interchange to fully connect with 1-5, and adding auxiliary lanes along 1-5 to S 320th; and RES # , Page 1 WHEREAS, the ballot proposition seeks funding for the projects by adding 0.5% sales tax for the transit system, and 0.1 % sales tax plus 0.8% motor vehicle excise tax for roads; WHEREAS, the Federal Way City Council recognizes that the proposal is not perfect and individual members ofthe Council has personal reservations, but also recognizes that the regional transportation plan, especially the direct benefit to the City of Federal Way, are good for region's economic wellbeing and quality of life; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City of Federal Way City Council supports Proposition No.1 Regional Roads and Transit System, which will be presented to voters in conjunction with the November 6,2007, general election ballot. Section 2. 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 3. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 4. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. I' RES # , Page 2 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of ,2007. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHAWAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: K:\Resolution\2007\reso support RTID Prop RES # , Page 3 COUNCIL MEETING DATE: November 6, 2007 ................._m_.!!~_~~:.J~m.m_. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Proposed Ordinance to Prohibit Minors' Possession of Certain Graffiti Tools and Refine the Definition of Graffiti Tools POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED ORDINANCE TO PROHIBIT MINORS' POSSESSION OF CERTAIN GRAFFITI TOOLS AND REFINE THE DEFINITION OF GRAFFITI TOOLS? COMMITTEE: PARKS RECREATION & PUBLIC SAFETY MEETING DATE: 10/9/2007 CA TEGORY: D Consent D City Council Business I:8J Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: JENNIFER SNELL DEPT: Law .......... m...'. ..... mm .................H........................................................................................ .................................... ............................................................ ........................................... ................................_......... .......................................................... ..................................................._......._......._..................................... Staff Report Attached Options Considered: I. Recommend approval of the proposed Ordinance to establish the crime of minors in possession of graffiti tools and to refine the definition of graffiti tools, including defining broad-tipped marker as four millimeters or larger, and move for consideration by full Council at the November 6, 2007 meeting. mm..........m_...m_mmmmmmm.?:.m.........__~~j~.~!!!?:~P:r:?P?.~.~~_Q!._<!~~~~~:_ mm._._.._..__...._..._.._.__..._._.__._..mm_.._......_ ......mmm..._ STAFF RECOMMENDATION: Approval of the proposed Ordinance and forward to full Council for the first reading at the November 6, 2007 meeting. CITY MANAGER ApPROVAL: ~ Co ttee COMMITTEE RECOMMENDATION: Option \vJ~ . Counci . DIRECTOR ApPROVAL: PM< (''1HZ- Committee Council OPOSED COUNCIL MOTION: "] move approval of Option (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDillEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ~ CITY OF ~. .......;:':7 Federal Way CITY ATTORNEY'S OFFICE MEMORANDUM DATE: TO: FROM: OCTOBER 9, 2007 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE JENNIFER SNELL, CITY ST AFF ATTORNEY SUBJECT: PROPOSED ORDINANCE TO PROHIBIT MINORS' POSSESSSION OF CERTAIN GRAFFITI TOOLS AND REFINE THE DEFINITION OF GRAFFITI TOOLS. This matter came before the Committee on September 11, 2007, at which time the proposed Ordinance was drafted to prohibit minors from possessing broad-tipped marker pens and aerosol spray paint under any circumstances, unless accompanied by a responsible adult. The Committee recommended tabling the matter until the next meeting for staff to modify the proposed Ordinance so that minors would not be absolutely prohibited from possessing broad-tipped markers. The existing Federal Way City Code makes it a crime for any person, regardless of the person's age, to possess a marker pen "under circumstances ~emonstrating intent to commit graffiti" which was the Committee's direction regarding minors. The proposed Ordinance would amend the term "marker pen" to "broad-tipped marker pen" and further define the term "broad-tipped marker pen" to include the diameter of the marker and indelible nature as part of the definition. Additionally, the proposed Ordinance would prohibit minors from possessing aerosol spray paint unless accompanied by a responsible adult or with the permission of the owner of the property upon which the minor is discovered to be in possession of aerosol spray paint. The cities of Tacoma and Yakima have similar ordinances that make it a crime for minors to be in possession of graffiti implements regardless of intent. The Tacoma ordinance defines a broad-tipped marker to be four millimeters or larger in diameter. The Yakima ordinance defines a broad-tipped marker to be one-quarter of an inch or larger in diameter. A substantial amount of graffiti in the City is perpetrated by persons under the age of eighteen. Prohibiting minors from possessing items most commonly used for graffiti would significantly impede access to those items and likely reduce graffiti. Refining the definition of graffiti tools to clarify certain definitions should aid in the prosecution of these crimes and put the public on notice of what items are restricted. Any changes to the proposed Ordinance since the September 11, 2007 meeting indicated by double- underline. K\Agenda Item\PRPS\2007\Graffiti Minors Memo to PRHSPS lO0907.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6, ARTICLE IX, SECTION 6-215 OF THE CRIMINAL CODE OF THE CITY OF FEDERAL WAY TO PROHIBIT POSSESSION OF AEROSOL SPRAY PAINT BY MINORS AND AMENDING CHAPTER 10, ARTICLE III, SECTION 10-52 OF THE FEDERAL WAY CITY CODE TO REFINE THE DEFINITION OF GRAFFITI TOOLS. (Amending Ordinance Nos. 94-208 and 07-551) WHEREAS, among the responsibilities imposed on the City of Federal Way are those involving enforcement of ordinances proscribing violations of criminal laws adopted as a part of the Federal Way City Code; and WHEREAS, the provisions of the Federal Way City Code include identification of certain criminal violations in its criminal code designed to provide for public safety within the City and to meet specific needs ofthe City; and WHEREAS, the City has defined "graffiti tools" to include pressurized canisters, paint sticks, or broad-tipped marker pens; and WHEREAS, refining the definition of certain graffiti tools would assist in the prosecution of the crime; and WHEREAS, the City has made it a crime to possess graffiti tools with the intent to commit graffiti; and WHEREAS, graffiti is a serious problem that is associated with gang activity, signals an increase in crime, generates fear, is costly, lowers property values, and is economically detrimental to the citizens of Federal Way; and ORD# , PAGE I WHEREAS, a substantial portion of graffiti is perpetrated by individuals under the age of eighteen; and WHEREAS, a majority of graffiti crimes are committed using aerosol paint cans; and WHEREAS, prohibiting minors from possession of items most prevalently used as graffiti may reduce a substantial portion of graffiti and facilitate police enforcement, and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 6, Article IX, Section 2-215 of the Federal Way City Code shall be amended to read as follows: 6-215 Graffiti. (a) Prohibited. No person shall commit the offenses of graffiti, aggravated graffiti, m: possession of graffiti tools. or minor in Dossession of Qfaffiti tools. (b) Graffiti Defined. A person is guilty of the offense of "graffiti" ifhe or she willfully defaces public or private property including any property of the city by painting, spray painting, or defacing property through the inscription of symbols, words, or pictures being transferred onto the face of said private or public property, unless the person is the owner or does have control or custody ofthe property, or has prior consent ofthe owner or tenant in lawful possession of such private property, or unless the act is done under the personal direction of said owner or tenant and provided such graffiti will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations. (c) Aggravated Graffiti Defined. A person is guilty ofthe offense of "aggravated graffiti" ifhe or she has been previously convicted of "graffiti", or malicious mischief in the third degree, or a similar offense, and commits the offense of "graffiti". (d) Possession of Graffiti Tools Defined. A person is guilty of the offense of "possession of graffiti tools" ifhe or she possesses a pressurized paint container defined under FWCC 10-52, indelible broad-tipoed marker pen as defined under FWCC 10-52, acid etch or any other object capable of defacing property, under circumstances demonstrating an intent to commit graffiti. ORD# , PAGE 2 (e) Minor in Possession of Graffiti Tools Defined. A person is ~uiltv of the offense of "minor in possession of ~raffiti tools" if he or she is under the a~e of ei~hteen (18) Years. not accompanied bv a resoonsible adult. and oossesses a oressurized oaint container in a oublic olace or on orivate orooertv without the consent of the owner. lessee. or other oerson entitled to le~al oossession thereof. It-is UBlawrnl for any iBdividuall:mder the age of eighteeH (18) years. who is Bot acoem.aaBied by a FeSfleBsible aoolt, to possess a pressurized paiBt eOfltaiBer or broad tip m.arker as defiBed l:lnder F'HCC 10 52 iB or U}lon a publio plaoe or Drivate property. v/ithol:lt the eOBsent ofthe owner. lessee. or other person efltitled to legal possession thereof. W ill Penalties. Unless otherwise provided. aAny person violating the provisions of this section shall be guilty of a gross misdemeanor and shall, in addition to any other fine imposed, be further subject to a mandatory imposition of assessment of costs pursuant to Chapter 10.64 RCW (1993 Session Laws, Chapter 355), in the amount of$50.00 per day of jail actually imposed; and in addition to this penalty, such person may in the sound discretion of the court, be directed by the court to erase and remove from any public place or any public property or any private property with the permission of the owner or the person in possession of the property upon which it is established that such person has committed the offense of "graffiti," any and all graffiti inscribed thereon by anyone prior to the date ofthe execution of the sentence. In addition to any financial penalties under this section, any person found guilty of "aggravated graffiti" shall be punished by imprisonment of not less than five (5) days upon the first such conviction; imprisonment of not less than ten (10) days upon the second such conviction; and imprisonment of not less than thirty (30) days upon the third or subsequent convictions. SECTION 2. Chapter 10, Article III, Section 10-52 of the Federal Way City Code shall be amended to read as follows: 10-52 Definitions. (a) "Abate" means to remove or conceal graffiti by such means as is reasonably necessary and to otherwise bring a property into compliance with the City Code. (b) "Defacement" means any marring and includes but is not limited to any unauthorized writing, painting, coloring, carving, disfigurement, damaging, breaking, drawing, inscription, figure, or mark of any type that has been placed upon any property, through the use of means including but not limited to paint, ink, chalk, dye, markers, objects, adhesive material, or any other substance capable of marking or damaging property. ORD# , PAGE 3 (c) "Enforcement officer" or "enforcement official" means any City code enforcement officer or other City officials designated by ordinance or by the City Manager for purposes of enforcing the provisions of this Article or provisions of other sections of the City Code or other laws of the City. (d) "Graffiti" means any defacement of property. (e) "Hearing examiner" means the Federal Way hearing examiner and the office thereof. (t) "Marker Pen" means a broad-tinned indelible marker with a tip exceeding four millimeters at its diameter. (g) "Pressurized Paint Container" means anv can. bottle, spray device, or other mechanism designed to pronelliquid which contains ink. naint, dve, or other similar substance which is expelled under pressure, either through the use of aerosol devices, pumps, or similar propulsion devices, and is capable of marking property. tfjill "Property" means real or personal property, both public and private, and includes but is not limited to vehicles, artwork, decorations, sidewalks, pavement, poles, rocks, trees, bridges, buildings, barriers, walls, fences, gates, signage, installations, improvements, and structures within the City. ~ill "Responsible Party" means an owner, a person acting as an agent for an owner, a person who has authority over the property, or a person responsible for the property's maintenance or management. Irrespective of any arrangement to the contrary with any other party, an owner shall always be a responsible party for the purposes of this chapter. There may be more than one responsible party for a particular private property. Where there is more than one responsible party, notice to any responsible party shall be deemed to be notice to all. Where there is more than one responsible party, permission from any responsible party shall be deemed to be permission from all unless a specific objection is made by a non-consenting responsible party. (h) "Unauthorized" means without the prior express permission or consent of a responsible party. SECTION 3. Severability. The provisions ofthis ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. SECTION 4. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. ORD# , PAGE 4 SECTION 5. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this _ day of 2007. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK A TrEST: CITY CLERK, LAURA HATHAWAY, CMC APPROVED AS TO FORM: CITY ATrORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\Ordinance\2007\graffiti minors 100907 .doc ORD# , PAGE 5 COUNCIL MEETING DATE: October 16, 2007 ITEM#: lb CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: UNFIT STRUCTURES CODE AMENDMENT POLICY QUESTION: Should the Federal Way City Code (FWCC) be amended to implement the process and to acquire the powers authorized by RCW 35.80 to address conditions which render dwellings, buildings, structures, and other premises unfit for human habitation and other uses? COMMITTEE: Land Userrransportation Committee MEETING DATE: October 1,2007 CATEGORY: D Consent D City Council Business I:8J Ordinance D Resolution D D Public Hearing Oth.er STAFF REpORT By: City St~ff Attorney M<?E.ica Buck DEPT: Law Currently, the city uses the International Property Maintenance Code to deal with structures that are derelict, deserted, or generally unfit for habitation. The proposed ordinance adopts the process for eliminating unfit structures outlined in RCW 35.80. The ordinance was presented to the LUTC on September 17, 2007. The LUTC had questions regarding the process of collecting abatement costs and tabled the proposed ordinance to the next LUTC (October 1,2007) to give staff time to respond to the LUTC's questions and concerns. The City has abated dangerous buildings on two occasions and attached the cost of abatement as a tax a,ssessment/lien. In 1999, the City abated a mobile home for $10,281, and in 2001, the City abated a single dwelling unit for $19,621.05. The City Council confirmed the cost of abatement by resolution and the City forwarded it to the County for collection. In both cases, the City recovered its costs in full. Staff has made a few minor modifications to the ordinance for internal consistency. Attachments: 1) Staff Memo on Unfit Structures Code Amendment; 2) Table on Collection of Abatement Costs; and 3) Proposed Ordinance. Options Considered: 1) Adopt the proposed ordinance as presented by staff with the tax assessment abatement method, per RCW 35.80; 2) Adopt the proposed ordinance with modifications; 3) Do not adopt the proposed ordinance. STAFF RECOMMENDATION: Staffrecommends approval of Option #1; adopt the proposed ordinance as presented by staffwith the tax assessment abatement method, CW 35.80. CITY MANAGER ApPROVAL: \. ~ rrJ DIRECTOR ApPROVAL: councF- Conunittee f~ Council ~. Jack Dovey Chair -- ~.~~ Linda Koc ar "I move approval of the LUTC's recommendation to adopt the ordinance with amendments COMMITTEE RECOMMENDATION: Approve Op . October 16, 2007. and forward the ordinance for first reading to the full Council on PROPOSED COUNCIL MOTION: to the FWCC. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDillEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 1:IDOCUMENT\2007 Building Code ChangelUnfit Structures 2nd Agenda BilLdoc COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # ~ CtTVOF ~ Federal Way Department of Community Development Services 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 253-835-2601 - Fax: 253-835-2609 www.citvoffederalwav.com MEMORANDUM DATE: September 5,2007 TO: Jack Dovey, Chair Land Use/Transportation Committee FROM: R. Lee Bailey, Building Official VIA: Neel Beets, City Manager MEETING DATE: September 10,2007 SUBJECT: Unfit Structures Code Amendment BACKGROUND Currently the city uses the International Property Maintenance Code to deal with structures that are derelict, deserted, or generally unfit for habitation. This is a costly, long drawn out process sometimes taking years to resolve. Adoption of this ordinance will result in the city being able to use the process for eliminating unfit structures outlined in RCW 35.80. This process will not only save the city time and money, it designates the city's expenses as tax liens, which are recoverable in three years and do not require a warrant of abatement. SUMMARY OF CHANGES TO FEDERAL WA Y CITY CODE (FWCC) CHAPTER 1 The proposed addition to the FWCC Chapter 1 will adopt a process to deal with unfit structures in the City of Federal Way. The ordinance describes the process from initial complaint through final resolution. It contains definitions of unfit structures, identifies the city's "improvement officer" and "appeals commission," outlines the enforcement and appeal processes, and sets deadlines. Proposed additions are shown as underline. I:\DOCUMENTI2007 Building Code Change\Unfil Structures Memo.doc Collection of Abatement Costs At the September 17'h Land Use and Transportation Council Committee meeting, several questions arose regarding the process of collecting abatement costs under the proposed Unfit Buildings Ordinance. The City has two options for collecting these coasts. The table below is intended to compare these two options. Tax Assessment/Lien (ReW 35.80) Judgment Lien (ReW 4.56) Procedure . City certifies the amount to the County Treasurer. County Treasurer enters the amount on the tax rolls against the property for the current year. . At this point, the County is responsible for collecting the assessment. . If the assessment becomes delinquent by 3 years, the County may foreclose. . The property owner may pay the delinquency up until the day before the sale. General Information · Fairly simple process and does not require a court order. . Attaches to the real property regardless of ownership - therefore, a property owner cannot simply transfer title to another person to dispose of an asset and avoid payment. . Tax liens have priority over all other debts, including judgments Procedure . City files required pleadings in Superior Court. Filing fee = $200 . Appear in court to obtain an order granting judgment. . Judgment remains in effect for 10 years (but can be renewed). General Information . Attaches to the property of the judgment debtor. . If the judgment debtor transfers the property, the property remains subject to the lien, but the lien may not be satisfied simply by transfer (i.e. quit claim deed). . Usually satisfied from the sale proceeds when the property is sold. 1:\DOCUMENT\2007 Building Code Change\Table - Collection Methods.doc ORDINANCE NO. 07- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMDENDING CHAPTER 1, ARTICLE III, OF THE FEDERAL WAY CITY CODE TO IMPLEMENT THE PROCESS AND TO ACQUIRE THE POWERS AUTHORIZED BY CHAPTER 35.80 RCW TO ADDRESS CONDITIONS WHICH RENDER DWELLINGS, BUILDINGS, STRUCTURES, AND OTHER PREMISES UNFIT FOR HUMAN HABITATION AND OTHER USES. WHEREAS, there exist within the City of Federal Way dwellings that are unfit for human habitation and buildings, structures, and premises or portions thereof, which are unfit for other uses, due to conditions of dilapidation, disrepair, structural defects, defects increasing the hazards offire, accidents, or other calamities, inadequate ventilation and uncleanliness, .inadequate light or sanitary facilities, inadequate drainage, overcrowding, or other conditions harmful to the health and welfare ofthe residents of the Federal Way; and WHEREAS, the City of Federal Way recognizes the detrimental effects on public health, safety, and welfare stemming from unfit dwellings, buildings, structures, and premises at various locations throughout the City; and WHEREAS, Chapter 35.80 RCW authorizes cities to adopt ordinances that enable cities to address such conditions fairly, effectively, and with reasonable assurance that costs incurred by the City to abate such conditions will be recovered. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. New sections are added to Chapter 1, Article III, "Civil Enforcement of the Code," of the Federal Way City Code to read as follows: 1 2ei f~dditi8BoI eBf.ereemeBt meehoBism. In addition to, ane iB eombinatiofl. with., the enf.ereemeRt methoes set forth iB FWCC Chaater 1 .^Jtiele III and elsewhere ifl. the Federal Way City Cede, violatioBs of the Federal Waf Cia. Cede ma'" be eafereeelJflder the provisions set forth iB FWCC 1 26 thr01:1gfl. 1 10. ORD #07- , Page 1 1-28.6. RCW Chapter 35.80. adopted Additional enforcement mechanism. RCW Chapter 35.80. "Unfit Dwellings. Buildings. and Structures." as it currentlv exists or is hereinafter amended. is hereby adopted. 1-27 Findines. It is found that there exist in the City of Federal Wav. dwellings. and other buildines. structures. and premises which are unfit for human habitation and which are unfit for other uses due to dilapidation. disrepair. structural defects. defects increasing the hazards of fire. accidents. or other calamities. inadequate drainage. overcrowding. or due to other conditions which are detrimental to the health and welfare of the residents of the City. Daneef0Hs or 1:1llfit eBuildings or structures unfit for human habitation as defined by FWCC 1 ~22 are declared to be public nuisances. 1-298 Improvement officer and appeals commission desienated. (a) The City ofF ederal Way Hearing Examiner is designated as the City's "Improvement Officer." and shall have the full scope of authority granted to that official under Chapter 35.80 RCW. except that the City Building Official. or his or her designee. shall provide all administrative functions such as the inspection of buildings. or portions thereof. for the purpose of determining whether any conditions exist which render such buildings dangeraas aT unfit for human habitation pursuant to FWCC 1 ~22. (b) The City of Federal Way City Manager. or his or her designee. is designated as the City's "Aooeals Commission." and shall have the full scope of authority granted so that commission under Chapter 35.80 RCW. 1~22. DaB2erous or uBfit huildiB2S or struetllres Buildin~ or structure unfit for human habitation or use defined. A Bbuildings or structures which lHwe has any or all of the following defects shall be deemed a "dangero\:1s ar \H1fit buildings or structures unfit for human habitation or use": (a) Those whose interior walls or other vertical structural members list. lean or buckle to such an extent that a plumb line passing through the center of gravitv falls outside the middle third of its base: ORD #07- , Page 2 (b) Those which. exclusive of the foundation. show 33 percent. or more. of damage or deterioration of the supporting member or members. or 50 percent of damage or deterioration of the non-supporting enclosing or outside walls or covering: (c) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded. or which have insufficient strength to be reasonably safe for the pUIpose used: (d) Those which have become damaged by fire. wind. or other causes so as to have become dangerous to life. safety. morals. or the general health and welfare of the occupants or the peo\,le of the City of Federal Way: (e) Those which have become or are so dilapidated or decaved or unsafe or unsanitarY. or which so utterly fail to provide the amenities essential to decent living. that they are unfit for human habitation. or are likely to cause sickness or disease. so as to work iniurv to the health. morals. safety. or general welfare of those living therein: (0 Those having light. air. and sanitation facilities which are inadeauate to protect the health. morals. safety. or general welfare of human beings who live or mav live therein; ( g) Those having inadequate facilities for egress in case of fire or panic. or those having insufficient stairways. elevators. fire escapes. or other means of communication: (h) Those which have parts thereof which are so attached that they may fall and iniure members of the public or property: (n Those which because of their condition are unsafe or unsanitary. or dangerous to the health. morals. safetv. or general welfare of the people of this city: (1) Those which have any exterior cantilever wall. or parapet. or appendage attached to or supported by an exterior wall of the building located adiacent to a public way. or to a way set apart for exit from a building or passage of pedestrians. if such cantilever. parapet. or appendage is not so constructed. anchored. or braced as to remain wholly in its original position in event of an earthquake capable of producing a lateral force equal to gravity; ORD #07- , Page 3 ORD #07- , Page 4 respects such dwelling. building. structure. or premises is unfit for human habitation or other use. In determining whether a dwelling. building. structure. or premises should be re"aired or demolished. the Building Official shall be guided by the Federal Wav Citv Code. soecifically FWCC 1-3G29. and such other codes adooted pursuant to the Federal Wav City Code as the Building Official deems apolicable. in particular the most recent edition of the International Propertv Maintenance Code. 1-3~2. Service of comolaint. A complaint issued under this Chaoter shall be served on the oarties and oosted on the subject property pursuant to RCW 35.80.030. and shall also be filed with the King County Auditor. All complaints or other documents posted on the subject property shall remain in place until the complaint has been resolved. For purooses of service. such complaints or other documents are deemed effective on the day of oosting. 1-343. Complaint hearin2. Not less than ten days nor more than 30 days after serving a comolaint. the Improvement Officer shall hold a hearing conforming to the provisions ofRCW 35.80.030. at which all parties in interest shall be lriven the right to aopear in oerson. to bring witnesses. and to give testimony regarding the complaint. At any time prior to or at the time of the hearing. any party may file an answer to the complaint. Such a hearing shall be governed by the City of Federal Way Hearing Examiner's Rules. which shall be available for public insoection at the Federal Way Deoartment of Community Development Services. I-3M Determination. findin2s of fact. and order. Within ten days of the comolaint hearing. the Imorovement Officer shall issue a Determination. Findings of Fact. and Order. conforming to the provisions ofRCW 35.80.030(0. statim!: the Improvement Officer's determination as to whether the subject dwelling. building. structure. or premises is unfit for human habitation or other use: the findings of fact supporting the determination: and an order soecifying the actions necessary to address any unfitness. and a deadline for completing the actions. In issuing the Determination. Findings of Fact. and Order. the Improvement Officer shall be guided by the Federal Wav Citv Code. specifically FWCC 1-3()22 through 1-3+0. and such other codes adopted pursuant to the Federal Wav Citv Code as the ORD #07- , Page 5 Improvement Officer deems applicable. The Determination. Findings of Fact. and Order shall be served and posted as set forth in FWCC 1-332. and ifno appeal is filed within the deadline specified in FWCC 1-395.. a copy of the Determination. Findings of Fact. and Order shall be filed with the King County Auditor. 1-395 Appeal to appeals commission. Within 30 days of service of a Determination. Findings of Fact. and Order. any party may file an appeal to the Appeals Commission. The Appeals Commission shall conduct a hearing on the appeal and issue a ruling within 60 days from the date the appeal is filed: and if the Appeals Commission issues any oral findings of fact. the ruling shall contain a transcript of such findings in addition to any findings issued at the time of the ruling. The ruling shall be served and posted as set forth in FWCC 1-332. and if no appeal is filed within the deadline specified in FWCC 1-),76. a COpy of the ruling shall be filed with the King County Auditor. 1-3% Appeal to superior court. Any person affected by a Determination. Findings of Fact. and Order issued by the Improvement Officer. who has brought an appeal before the Appeals Commission ~ursuant to FWCC 1-395. may. within 30 daYS after the Appeals Commission's ruling has been served and posted pursuant to FWCC 1-3~2. petition the King County Superior Court for an injunction restraining the Buildimr Official. or his or her designee. from carrying out the provisions of the Determination. Findings of Fact. and Order. In all such proceedings. the Court is authorized to affirm. reverse. or modifY the order. and such trial shall be heard de novo. 1-381 Remediation/penalties. If a party. following exhaustion of the party's rights to appeal. fails to comply with the Determination. Findings of Fact. and Order. the Building Official. or his or her designee. may direct or cause the subject dwelling. building. structure. or premises to be repaired. altered. improved. vacated. and closed. removed. or demolished l>ursuant to Chapter 35.80 RCW. 1-398. Tax lien. The cost of any action taken by the Building Official. or his or her designee. under FWCC 1-3&1 shall be assessed against the subject property pursuant to Chapter 35.80 RCW. Upon certification by the City of ORD #07- , Page 6 Federal Way finance director. or his or her designee. that the assessment amount is due and owing. the Kine: County Treasurer shall enter the amount of such assessment upon the tax rolls ae:ainst the subject property oursuant to the t>rovisions ofRCW 35.80.030. 1-4932. Salva2e. Materials from any dwelling. building. structure. or premises removed or demolished by the Building Official. or his or her designee. shall. ifpossible. be salvae:ed and sold as if the materials were surolus property of the City of Federal Wav. and the funds received from the sale shall be credited against the cost of the removal or demolition: and if there be any balance remaining. it shall be paid to the parties entitled thereto. as determined by the Building Official. or his or her designee. after deducting the costs incident thereto. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto. Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,2007. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHAWAY, CMC ORD #07- , Page 7 ApPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: I:\DOCUMENTI2007 Building Code Chang.IUnlit Structures Ordinanc..doc ORD #07- , Page 8 COUNCIL MEETING DATE: October 16, 2007 ITEM #:~ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amendment to the Civil Service Ordinance POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department amend the Applicability and Structure of the Civil Service Provisions of Chapter 2, Article III, Section 2-47 of the Code of the City of Federal Way? COMMITTEE: Parks, Recreation, and Public Safety Council Committee CA TEGORY: D Consent MEETING DATE:October 9,2007 o City Council Business [gI Ordinance D Resolution o o Public Hearing Other STAFF REPORT By: Brian J. Wilson, Chief of Police / Ordinance prepared DEPT: Police Department / LAW Aaron Wallls Attachments: I. PRHS&PS memo 2. Ordinance Options Considered: 1. Amend the Ordinance 2. Reject the Amendment STAFF RECOMMENDATION: Staff recommends Option 1. \ ~~ ~'boun iJ " /...Ilk. DIRECTOR ApPROV AL:L.!AA- yJft/1W7 Committee 6. vl.ll..-, kJ~~I)oj. 7 Council CITY MANAGER ApPROVAL: COMMITTEE RECOMMENDATION: PRPS recommends Option l ROPOSED COUNCIL MOTION: "I move approval of the Amendment .0 authorize the Mayor of Federal Way to sign such Ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: October 9, 2007 Parks, Recreation, Human Services and Public Safety Council Committee Neal Beets, City Manager ~ Brian J. Wilson, Chiefof~ SUBJECT: An Ordinance of the City Council of the City of Federal Way, Washington, Amending the Applicability and Structure of the Civil Service Provisions of Chapter 2, Article III, Section 2-47 of the Code of the City of Federal Way. (Amending Ordinance Nos. 95-244,96-256, and 98-308) The City of Federal Way, Washington provides civil service for the City's Police Department. The amended ordinance would change the exempt status of some positions; would better correspond with state law; and clarify appointments for alternate commissioners. Two alternate commissioners shall be appointed to the Civil Service Commission by the City Manager. The Police Chief will be exempt from Civil Service, as well as, positions, designated as unclassified service, as selected by the Police Chief and approved by the City Manager and Civil Service Commission. The current exempt positions requested are: The Chief of Police; Deputy Chief of Police or Deputy Director; and the Executive Assistant. The Commander Positions would now be under Civil Service. 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE APPLICABILITY AND STRUCTURE OF THE CIVIL SERVICE PROVISIONS OF CHAPTER 2, ARTICLE III, SECTION 2-47 OF THE CODE OF THE CITY OF FEDERAL WAY. (Amending Ordinance Nos. 95-244, 96-258, and 98-308) WHEREAS, the City provides civil service for the City's police department under chapter 47.12 RCW; and, WHEREAS, due to the increase in staff positions within the police department the City needs to change the exempt status of some positions to follow State civil service provisions; and, WHEREAS, the City wishes to clarify and simplify its civil service provisions to better correspond with state law and; WHEREAS, the City wishes to clarify the appointment provisions for alternate commissioners; NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOllOWS: SECTION 1. Chapter 2, Article III, Section 2-47 of the Federal Way City Code is hereby amended to read as follows: 2-47 Creation - Appointment. There is hereby created a police civil service commission, consisting of five members who shall be appointed by the city manager to exercise the powers and perform the duties established by this chapter and by state law as set forth in ~Ghapter ORD# , PAGE 1 41.12 RCW in connection with the selection, appointment, promotion, demotion and employment of police officers commissioned pursuant to RC'N 13.101.200, unless oxempt pursuant to RCVV 11.06.070 employees of the police department. Two alternate commissioners shall be appointed to the civil service commission by the city manaqer. The rank of police chief, director of police services, assistant or deputy to such chief or director, and commander shall be excludod exempted from civil service~ as well as a number of additional positions. desiqnated as the unclassified service, as selected by the police chief with the concurrence of the city manaqer and the civil service commission pursuant to as provided for in RCW 42.12.050 in recognition of the management authority delegated to such positions. Noncommissioned full time, Volunteers, reservists, part-time~ or seasonal employees of the police department ~ as police support officers, community service officers, idontification technicians, property/evidence room technicians, record clerks, dispatchers and administration assistants shall be excluded exempted from civil service pursuant to RCV'! 11.12.010 and RCVV 11.12.220 and/or in recognition that the city will create an orderly system of personnel administration to cover such employees. The commissioners shall serve without compensation; provided, however, that they may be reimbursed for expenses incurred in service as a commissioner. SECTION 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. SECTION 4. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. SECTION 5. Effective Date. This ordinance shall take effect and be in force five days from its passage, approval and publication, as provided by law. PASSED by the City Council of the City of Federal Way this _ day of ,2007. CITY OF FEDERAL WAY ORD# , PAGE 2 MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHAWAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\ORDIN\2007\Civil Service update 2007.doc ORD # , PAGE 3 COUNCIL MEETING DATE: October 16, 2007 ..................................... ......................... ...................................................................................................................................... ........m......................... ITEM#:~ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Clearwire Franchise POLICY QUESTION: Should the City grant Clearwire US, LLC a Franchise to operate and maintain a Personal Wireless Service Facility (PWSF) within certain Rights-of-Way (ROW) within the City of Federal Way? COMMITTEE: Finance, Economic Development, and Regional Affairs MEETING DATE:October 2,2007 CATEGORY: D Consent D City Council Business ~ Ordinance D Resolution D D Public Hearing Other ~!~l.:':l.:':~:I.'.9~!~y.-=Rl:l:~~~~~.A.:.g~~h.l:l:r.~~.~~?..g~!.Y.A!!~r.!I:~Y..m_... mmmmmmm...m.m.~EPT: L~~.....m. ............m.m.. Clearwire US, LLC has asked the City to enter into a franchise agreement to facilitate the location of a PWSF on a PSE pole located within the City's ROW. Clearwire has agreed to all ofthe terms contained within the City's standard Franchise Agreement. Attachments: Proposed OrdinanceIFranchise Agreement and Exhibit A and B Options Considered: 1. Recommend approval of the Ordinance and forward to the full council for first reading at the October 16, 2007 meeting. 2. Recommend rejection of the Ordinance. 3. Recommend modification of the Ordinance and forward to the full council for first reading at the October 16, 2007 meeting. .....................7 STAFF RECOMMENDATION: Option 1. CITY MANAGER ApPROVAL: \ \ f\\ ty/. DIRECTOR ApPROVAL: ~ fr1t 1M- Council Committee COMMITTEE RECOMMENDATION: ~V€- ~)/d~ '--.._. Committee Member . c;r~\II--. ~ommittee Chair PROPOSED COUNCIL MOTION: "] move e proposed ordinance to second reading and approval at the next regular meeting on Apri/17, 2007. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING CLEARWIRE US LLC, A NEVADA LIMITED LIABILITY COMPANY, A NONEXCLUSIVE FRANCmSE TO OCCUpy RIGHTS-OF-WAY OF THE CITY OF FEDERAL WAY, W ASmNGTON, WITmN THE SPECIFIED FRANCmSE AREA FOR THE PURPOSES OF INSTALLATION, OPERATION, MAINTENANCE AND REPAIR OF ITS WIRELESS COMMUNICATIONS FIXTURES AND RELATED EQUIPMENT, CABLES, ACCESSORIES AND IMPROVEMENTS IN A PORTION OF THE RIGHTS-OF -WAY WITHIN AND THROUGH THE CITY OF FEDERAL WAY. WHEREAS, Clearwire US LLC, a Nevada limited liability company ("Franchisee") has requested a Franchise from the City of Federal Way, in order to place wireless transmitting facilities and related appurtenances in the City owned or controlled rights-of-way; and WHEREAS, the City Council of Federal Way finds that it is in the public interest to grant such a Franchise which will specify the rights and duties of Franchisee; and WHEREAS, RCW 35A.47.040 et. seq. permits the City of Federal Way to grant nonexclusive Franchises for the use of public streets, bridges or other public ways for, inter alia, conduits, wires and appurtenances for transmission of signals and other methods of communications; and WHEREAS, in granting such a nonexclusive Franchise Agreement, the City of Federal Way reserves such other powers and authorities granted to Washington code cities by general law; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Definitions Where used in this Franchise the following terms shall be defined as follows: 1.1 "City" means the City of Federal Way, Washington, a municipal corporation of the State of Washington, and its respective successors and assigns. ORD# , PAGE 1 1.2 "Council" means the City of Federal Way Council acting in its official capacity. 1.3 "Director" means the Public Works Director, or designee, of the City of Federal Way Public Works Department. 1.4 "Facilities" means: (i) wireless communications facilities, including, but not limited to, electronic equipment, radio transmitting and receiving apparatus, and supporting equipment to be located on a pole on a certain public right of way, base station transmitting cabinets, radio frequency antennas and locating antennas as required by law or FCC order, (ii) underground fiber optic telecommunication lines or similar lines, and (iii) any appurtenances necessary to connect the lines or similar lines to the existing switched telephone network all as shown on Exhibit "A". 1.5 "Franchise Area" means only that portion of the City owned or controlled rights- of-way located in the City of Federal Way and shown in Exhibit A attached hereto (excluding privately owned property), and/or any other areas approved by the Federal Way City Council and incorporated into this Ordinance via amendment. 1.6 "Franchisee" means Clearwire US LLC, and its respective successors and assigns if consented to by the City of F ederal Way as provided in Section 24 herein. 1.7 "FWCC" means the Federal Way City Code. Section 2. Grant/Acceptance 2.1 Grant of Franchise. The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area for the limited purpose of constructing, excavating, installing, maintaining, restoring, and repairing Facilities within the Franchise Area. This Franchise is specifically limited to the right for Franchisee to install Facilities owned and operated by Franchisee. This Franchise does not permit Franchisee to lease, rent, or otherwise allow use of conduits, space or capacity provided by the Facilities for or to cable and other third-party cable or telecommunications providers, and Franchisee covenants and agrees that it will not do so. ORD# , PAGE 2 2.2 Acceptance by Franchisee. Franchisee shall have no rights under this Franchise, nor shall Franchisee be bound by the terms and conditions of this Franchise, unless Franchisee shall, within sixty (60) days after the effective date of this Franchise, file with the City its written acceptance of this Franchise and all of its terms and conditions. Section 3. Non-Franchise Area City Property This Franchise does not and shall not convey any right to Franchisee to install its Facilities on, under, over, across, or to otherwise use City-owned or leased properties of any kind outside the Franchise Area, or to install Facilities on, under, over, across or otherwise use any City owned or leased property within the Franchise Area other than public roads, streets, avenues, alleys and highways. Additionally, this Franchise does not convey any right to Franchisee to install its Facilities on, under, over, across private property or any other governmental authorities' property or on any other person or entity's poles or apparatus, and Franchisee is responsible for obtaining any authorizations, agreements or consents from private property owners, any other governmental authorities and any other persons or entities. Section 4. Term Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this Franchise shall be for a period of ten (10) years commencing on the effective date of this Franchise, unless terminated earlier pursuant to this Franchise or other applicable law. Section 5. Location of Facilities 5.1 Location. In addition to the other requirements of this Franchise, the location of the Facilities, including any underground Facilities and appurtenances, their depths below surface of ground or grade of a rights-of-way, and any related existing equipment (such as cellular or personal communication service antennae) to which the Facilities are connected shall be depicted on a map and submitted to the City within thirty (30) days of the installation of the Facilities. The fiber optic line permitted by this Franchise which runs from the pole in the rights-of-way to the equipment shed or building on private property shall be installed underground. Upon written ORD# , PAGE 3 request of the City, Franchisee shall update such map to reflect actual or anticipated improvements to the system. Any such map (or update thereof) so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements, nor shall such map be construed as a proposal to undertake any specific improvements. 5.2 GIS Data. At such time as Franchisee develops or employs Geographic Information System ("GIS") technology, Franchisee shall submit the information required in Subsection 5.1 above in digital GIS format, showing the location of its Facilities within the Franchise Area. 5.3 Design Markings. In the event the City desires to design new streets or intersections, renovate existing streets, or make any other public improvements, Franchisee shall, at the City of Federal Way's reasonable request, provide the location of Franchisee's Facilities within the Franchise Area by either field markings or by locating the Facilities on the City's design drawings, and shall provide all other reasonable cooperation and assistance to the City. Section 6. Noninterference of Facilities Franchisee agrees to maintain its Facilities and perform any and all activities authorized by this Franchise: (1) so as not to unreasonably interfere with the free passage of traffic; (2) in accordance with the laws of the State of Washington and City Code requirements, Franchise provisions, regulations, resolutions and rules, as now existing or as hereafter amended; and (3) as required by the Director in accordance with the foregoing or given public health, safety and welfare. This requirement applies whether or not the work is performed by the Franchisee, its agents, employees, subcontractors, or other third parties at Franchisee's direction. Section 7. Requirement to Obtain Permits 7.1 Permits and Permit Applications. Franchisee shall, at its expense, obtain all permits, (including rights-of-way permits), and pay all permit fees required by applicable City ordinances, regulations, resolutions and rules prior ORD# , PAGE 4 to commencing any work within the Franchise Area. Franchisee permit applications shall show the position and location of the proposed Facilities to be constructed, laid, installed, or erected at that time, show their relative position to existing rights-of-way or property lines upon prints drawn to scale, designate rights-of-way by their names and improvements, such as, but not limited to, sidewalks, curbs, gutters, shoulders of roadway, ditches, paved roadways, roadways to property lines, turnouts, parking strips, telephone or electric distribution poles, and water pipes existing on the ground to be occupied, or as required by the Director. The Franchisee shall specify the class and type of materials to be used, equipment to be used, and mode of safeguarding and facilitating the public traffic during construction. Materials and equipment shall be in new or like new condition for its type and kind. The manner of excavation, construction, installation, backfill, and temporary structures such as, but not limited to, traffic turnouts and road obstructions shall meet the standards of the FWCC and be satisfactory to the Director. All traffic control shall be in accordance with the rights-of-way permit, and shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). The Franchisee shall indicate on any permit application the time needed to complete the work. The time needed to complete the work is subject to approval by the City as a condition of the issuance of the permit or approval. 7.2 Emergency Exception to Permit Requirement. In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in a condition as to immediately endanger the property, life, health or safety of any individual, Franchisee may take action immediately to correct the dangerous condition without first obtaining any required permit so long as: (1) Franchisee informs the City of nature and extent of the emergency, and the work to be performed, prior to commencing the work; and (2) such permit is obtained by Franchisee as soon as practicable following cessation of the emergency. ORD# , PAGE 5 Section 8. Standard of Performance The Franchisee shall not excavate for a distance of more than one hundred feet (100') without immediately backfilling and compacting to surface grade and city standards. Backfilled trench areas within a driving lane must be patched, either temporarily or permanently, before the end of the work day in which they have been opened. Trench areas within the rights-of-way, but not with in a driving lane, must also be patched within the time limits specified by the City on the rights-of-way use permit. Final surface restoration shall be completed within thirty (30) days and shall be equal to or better than the surface condition prior to permit issuance. Any asphalt overlay completed with the Franchise Area during the five (5) year period immediately prior to the date of permit application shall not be open cut by Franchisee unless required by an emergency and subject to the provisions of Subsection 7.2 above. Franchisee shall install new asphalt overlay on any street that is open cut, whether in an emergency or otherwise, for a minimum of one (1) block (approximately 500 feet) in length in both directions from the open cut, unless determined otherwise by the Director in accordance with FWCC regulations or Department of Public Works internal policies. Within fifteen (15) days of completion of any installation of Franchisee's Facilities within the Franchise Area, Franchisee shall submit to the Director plans, stamped by a Professional Engineer licensed by the State of Washington, showing the "as-built" location of the Facilities. Section 9. Survey Markers and Monuments Franchisee shall, using a licensed surveyor, immediately replace all markers or monuments disturbed during any work by Franchisee within the Franchise Area. Franchisee shall pay all costs associated with such lost, destroyed or disturbed monuments or markers. Section 10. Surface Markine:s/Stakes Prior to Franchisee commencing any excavation work within the Franchise Area, Franchisee shall reference all monuments and markers relating to subdivisions, plats, highways, and other surveys. The reference points shall be located so that they shall not be disturbed during ORD# , PAGE 6 the Franchisee's operations under this Franchise. The method of referencing these monuments or other points shall be approved by the City before placement. The construction shall be made as expeditiously as conditions permit, and as directed by the City. The cost of monuments or other markers lost, destroyed, or disturbed, and the expense of replacement of the monuments and markers, shall be borne solely by the Franchisee. A complete set of reference notes for monuments, markers and other ties shall be filed with the City. Section 11. Rie;ht of City to Complete Work In the event Franchisee fails to comply with any applicable federal, state or City laws, ordinances, rules, regulations or standards or with any of the terms of this Franchise, and such noncompliance continues for a period of ten (10) days after Franchisee receives written notice from the City regarding the noncompliance, the City may, but in no event is the City obligated to, order any work completed, including without limitation Franchisee's obligation to repair pursuant to Section 8 herein and Franchisee's obligation to remove or relocate facilities pursuant to Section 12 herein. If the City causes such work to be done by its own employees or by any person or entity other than Franchisee, Franchisee shall, upon the City's written request, reimburse the City for all reasonable costs and expenses incurred by the City in having such work performed, which costs may include the City's reasonable overhead expenses and attorneys fees, within five (5) days. However, the City shall not have any electrical work accomplished by any person or entity other than Franchisee or a qualified and licensed electrical contractor. Section 12. Notice to Franchisee of Work by City 12.1 City Reservation of Rights. The City reserves the right to use, occupy and enjoy all or any part of the Franchise Area, either above, below, or adjacent to the Facilities, for any purpose that is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein include, without limitation, the construction, installation, and/or maintenance of any electrical, water, sewer or storm drainage line, traffic signals, street lights, trees, landscaping, ORD# , PAGE 7 bicycle paths and lanes, equestrian trails, sidewalks, other pedestrian amenities, and other public street improvement projects. This Franchise is not an exclusive Franchise and shall not be construed in any manner to prohibit the City from granting other and further franchises in, under, over, upon, and along the Franchise Area, nor from exercising such other powers and authorities granted to the City by the Washington State Constitution and general law. Franchisee shall operate the Facilities in a manner that will not cause interference to the City, and other lessees, franchisees, or licensees of the Franchise Area whose use predates this Franchise, and in compliance with the requirements of FWCC Section 22-972 as it now exists or is hereafter amended. In addition, with respect to lessees, franchisees or licensees whose operations commence after installation of the Facilities hereunder, Franchisee shall not make any change in its operations that causes or is intended to cause material interference with such lessees, franchisees or licensees. All operations by Franchisee shall be in compliance with all Federal Communications Commission ("FCC") regulations. Pursuant to FWCC Section 22-971 as it now exists or is hereafter amended, the City may issue permits for and enter into franchises and leases to allow location or collocation of other telecommunications facilities in the Franchise Area, and Franchisee consents to same, provided however, that the location or collocation must occur in compliance with said FWCC Section 22- 971 as it now exists or is hereafter amended. In the event that any such location or collocation results in interference with Franchisee's operations, and provided that Franchisee has substantially complied with the provisions of this Franchise, the City agrees to take reasonable steps to cause the interfering party to eliminate such interference. In the event that the interference is not eliminated within thirty (30) days of notice to City by Franchisee, Franchisee may terminate this Franchise immediately and pursue any and all remedies available to it against the interfering party (but in no event shall Franchisee pursue any action against City at law or in equity or for declaratory relief). ORD# , PAGE 8 12.2 City's Duties. In the event (i) the City undertakes any work, including necessary maintenance within a rights-of-way in which Franchisee's Facilities are located, or (ii) the City requires undergrounding of Facilities of Franchisee or lines or equipment of any other entity due to the City requiring the removal of any poles, and such work necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area, the City shall: (a) Provide written notice of the required relocation or undergrounding to Franchisee within a reasonable time prior to the commencement of such City work; and (b) Provide Franchisee with copies of pertinent portions of the City's plans and specifications. Then, Franchisee shall relocate or underground (as the case may be) its Facilities to accommodate or comply with the City work. 12.3 Franchisee's Duties. Within sixty (60) days of receipt of the City notice under Subsection 12.2(a) requiring relocation or undergrounding and receipt of the plans and specifications pursuant to Subsection 12.2(b), Franchisee shall raise, lower, or move or underground such Facilities within the Franchise Area at its sole cost and expense to the location or position directed by the City to comply with City requirements or to cause the least interference with the improvement, repair, or alteration contemplated by the City and to conform to such new grades as may be established. If the City improves a rights-of-way, Franchisee shall, at its sole cost and expense, upon receipt of notice, replace the Facilities located in the improved subgrade of the improvement with substitute Facilities conforming to the specifications for the improvement of the rights-of-way. In the event of relocation or undergrounding City and Franchisee agree to reasonably cooperate to relocate the Facilities to a different area of the Franchise Area, if possible. Any relocation of the Facilities shall be performed by Franchisee. City shall provide Franchisee with thirty (30) days notice, or in the event of emergency, with notice if it is reasonably practicable to do so. The City shall reasonably cooperate with ORD# , PAGE 9 Franchisee in processing any required zoning approvals for relocating the Facilities including suggesting alternative locations in the Franchise Area if such are reasonable possibilities. Section 13. Damae:e Repair In case of damage by the Franchisee, its agents or employees or by the Facilities of the Franchisee to rights-of-way, or to public and private improvements in or to rights-of-way, the Franchisee agrees to repair the damage at its own cost and expense. The Franchisee shall, upon discovery of any such damage, immediately notify the City. The City will inspect the damage, and set a time limit for completion of the repair. If the City discovers damage caused by the Franchisee to rights-of-way, or to public and private improvements in or to rights-of-way, the City shall give the Franchisee notice of the damage and set a time limit in which the Franchisee must repair the damage. In the event the Franchisee does not repair a rights-of-way or an improvement to a rights-of-way as required in this section, the City may repair the damage pursuant to Section 11 of this Agreement. Section 14. Default 14.1 Notice of Default. In addition to other remedies set forth herein, if Franchisee shall fail to comply with any of the provisions of this Franchise, the City may serve a written notice to Franchisee ordering such compliance and Franchisee shall have ten (10) days from the receipt of such notice in which to comply. 14.2 Revocation of Franchise. If Franchisee is not in compliance with this Franchise after the expiration of the ten (10) day period, the City may, by resolution, declare the Franchise immediately revoked. Section 15. Limited Rie:hts This Franchise is intended to convey only a limited right and interest to Franchisee in the Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in or to the Franchise Area to Franchisee. ORD# , PAGE 10 Section 16. Eminent Domain The existence of this Franchise shall not preclude the City from acqumng by condemnation, in accordance with applicable law, all or a portion of Franchisee's Facilities within the Franchise Area for the fair market value thereof. In determining the value of such Facilities, no value shall be attributed to the right to occupy the Franchise Area conferred by this Franchise. Section 17. Vacation If at any time the City, by ordinance, vacates all or any portion of the Franchise Area, the City will not be liable for any damages or loss to the Franchisee by reason of such vacation. The City shall notify Franchisee in writing not less than thirty (30) days before vacating all or any portion of the Franchise Area. The City may, after thirty (30) days written notice to Franchisee, terminate this Franchise with respect to any such vacated area. Section 18. Compliance with Laws 18.1 General. Franchisee shall comply with all applicable federal, state and City laws, Franchises, resolutions, regulations, standards and procedures, as now existing or hereafter amended or adopted, including without limitation the City's Graffiti Ordinance (Ord. No. 07- 550) and the State Environmental Policy Act; provided, however, that if any term or condition of this Franchise and any term or condition of any City law, code, franchise, resolution, regulation, standard, procedure, permit or approval are in conflict, the term or condition of this Franchise will control. Franchisee specifically waives any right to bring an action that any aspect of this Franchise is contrary to any local, state or federal law (including by way of illustration and not limitation, the Telecommunications Act of 1996), provided that if this Franchise is determined to be contrary to local, state or federal law through legal actions brought by others, then Franchisee shall have the right, as Franchisee's sole remedy, to immediately terminate this Franchise without penalty or other liability at its sole discretion. ORD# , PAGE 11 18.2 Future City of Federal Way Regulation. Franchisee acknowledges that the City may develop generally applicable rules, regulations, ordinances and specifications for the use of the rights-of-way which shall govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this Franchise was executed by the City and Franchisee covenants and agrees to be bound by same, provided they do not conflict with state law. Section 19. Guarantee Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period of 10 years against settlement or repair. Section 20. Chare:e for Administrative Costs Franchisee agrees to pay a fee or a charge to recover the actual reasonable administrative expenses incurred by the City that are directly related to preparing and approving this Franchise. Nothing herein shall preclude the City from charging administrative fees or recovering any administrative costs incurred by the City in the approval of permits or in the supervision, inspection or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with applicable provisions of the FWCC. Section 21. Indemnification Franchisee agrees to indemnify and hold harmless and defend the City, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Franchise to the extent caused in part or in whole by the acts, errors or omissions of the Franchisee, its officers, partners, shareholders, managers, members, agents, employees, or by the Franchisee's breach of any provisions of this Franchise; provided, however, that this section shall not be construed as requiring Franchisee to indemnify, hold harmless or defend the City against claims or damages arising from the negligence of the City, its agents, employees, independent contractors, officers, or volunteers. In ORD# ,PAGE 12 the event any claim, demand, suit or action is commenced against the City that gives rise to Franchisee's obligation pursuant to this Section 21, the City shall promptly notify Franchisee thereof. Franchisee's selection of an attorney to defend any such claim, demand, suit, or action shall be subject to the City's approval, which shall not be unreasonably withheld. Franchisee shall not settle or compromise any such suit or action except with prior written consent of the City, which shall not be unreasonably withheld. The City shall have the right at all times to participate through its own attorney in any suit or action which arises pursuant to this Franchise when the City determines that such participation is required to protect the interest of the City or the public. In the event it is determined that RCW 4.24.115 applies to this Franchise, Franchisee agrees to defend, hold harmless and indemnify the City to the maximum extent permitted thereunder, to the full extent of Franchisee's negligence. Section 22. Insurance 22.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following insurance, in such forms and with such carriers as are satisfactory to the City. (a) Workers compensation insurance in amounts sufficient pursuant to the laws of the State of Washington; (b) Commercial general liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death, products liability, contractual coverage, operations, explosion, collapse, underground and property damage; (c) Automobile liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death and property damage; and (d) Employers liability insurance in an amount not less than $1,000,000. 22.2 Mandatory Insurance Provisions. The comprehensive general liability insurance and automobile liability insurance policies shall be endorsed to contain the following provisions: ORD# , PAGE 13 (a) The City, its officers, elected officials, employees, and volunteers are to be named as additional insured; (b) Coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; Coverage shall not be suspended, canceled, modified or reduced except after thirty (30) days prior written notice to the City delivered by certified mail, return receipt requested; and Coverage shall be primary as to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance by the City, its officers, officials, employees or volunteers shall be in excess of Franchisee's required insurance. 22.3 Verification of Coverage. Franchisee shall furnish the City with certificates of insurance and original endorsements evidencing the coverages required by this Section. The certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by the City prior to the commencement of any work. At the City's request, Franchisee shall deliver certified copies of all required insurance policies. Section 23. Bond Franchisee shall guarantee work completed by the Franchisee under this Franchise for a period often (10) years, from the time of work, against settlement or repair. Before commencing work within the City, the Franchisee shall post a bond in the form attached as Exhibit "B" and in the amount of 120% of the value of work to be performed in connection with the Facilities to guarantee performance of the construction, performance, maintenance or repair in accordance with any permits required by Section 7, with the standard of performance as referenced in Section 8, and with any provisions of this Franchise. Procedures for submission and release of the bond shall be as provided in FWCC Sections 22-146 and 22-175 or as otherwise provided in the City Code. In the event that the Franchisee fails to perform as required herein or by any permits required by Section 7, the City may perform the work and be reimbursed as provided in ORD# ,PAGE 14 Section 11 above, and may have recourse to the bond in addition to or in lieu of the remedies provided in Section II, at the City's sole discretion. Franchisee shall be entitled to return of the bond, or portion thereof, as remains sixty (60) days after the expiration of the term of the Franchise, provided the City has not notified Franchisee of any actual or potential damages incurred as a result of Franchisee's operations pursuant to the Franchise or as a result of default thereunder. Section 24. General Provisions 24.1 Entire Agreement. This Franchise contains all of the agreements of the City and Franchisee with respect to any matter covered or mentioned in this Franchise and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 24.2 Modification. No provision of this Franchise may be amended or added to except by agreement in writing signed by both City and Franchisee. 24.3 Assignment. In addition to the requirements of Subsection 2.1, a Franchisee shall not have the right to transfer or assign, in whole or in part this Franchise without the prior written consent of the City which will not be unreasonably withheld or delayed. Any transferee or assignee shall, within thirty (30) days of the date of any approved transfer or assignment, file written notice of the transfer or assignment with the City together with its written acceptance of all terms and conditions of this Franchise. Notwithstanding the foregoing, Franchisee shall have the right, without such notice or such written contest, to mortgage its rights, benefits and privileges in and under this Franchise to the Trustee for its bondholders. 24.4 Attorney Fees. In the event the City or the Franchisee defaults in the performance of any terms in this Franchise, and the Franchisee or the City places the enforcement of the Franchise or any part thereof or for the collection of any monies due, or to become due hereunder, in the hands of an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all reasonable attorneys' fees, costs and expenses. The venue for any dispute related to this Franchise shall be King County, Washington. ORD# , PAGE 15 24.5 No Waiver. Failure of either party to declare any breach or default by the other party immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but such party shall have the right to declare any such breach or default at any time. Failure of either party to declare one breach or default does not act as a waiver of such party's right to declare another breach or default. 24.6 Governing Law. This Franchise shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 24.7 Authority. Each individual or entity executing this Franchise on behalf of the City and Franchisee represents and warrants that such individual or entity is duly authorized to execute and deliver this Franchise on behalf of the Franchisee or the City, respectively. 24.8 Notices. Any notices required to be given by the City to Franchisee or by Franchisee to the City shall be delivered to the parties at the following addresses: Franchisee: City: Clearwire US LLC 4400 Carillon Point Kirkland, W A 98033 City of Federal Way Attn: City Attorney P. O. Box 9718 Federal Way, WA 98063-9718 Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 24.9 Captions. The respective captions of the sections and subsections of this Franchise are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Franchise. 24.10 Remedies Cumulative. Any remedies provided for under the terms of this Franchise are not intended to be exclusive but shall be cumulative with all other remedies available to the City at law, in equity or by statute. ORD# ,PAGE 16 Section 25. Severability If any section, sentence, clause, or phrase of this Franchise 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 Franchise. Section 26. Ratification Any act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. Section 27. Effective Date This ordinance shall take effect and be in force 30 days from the time of its final passage, as provided by law, provided it has been duly accepted by Franchisee as herein provided above. PASSED by the City Council of the City of Federal Way this _ day of 2007. CITY OF FEDERAL WAY Mayor, Mike Park APPROVED AS TO FORM: ATTEST: City Attorney, Patricia A. Richardson City Clerk, Laura Hathaway, CMC FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. ACCEPTANCE: ORD# ,PAGEl7 ACCEPTANCE The undersigned hereby accepts all the rights and privileges of the above granted Franchise and acknowledges that such rights and privileges are subject to and limited by all of the terms, conditions and obligations contained therein. DATED this _ day of ,2007. CLEAR WIRE US, LLC ~/~-Z By: DOUGLAS E. TRIBOLET Its: DIRECTOR PROGRAM MANAGEMENT q - l ~ ~o 1 K:\Franchises\Clearwire Franchise TAC394 21st Ave SW ORD# ,PAGEl8 ORD # , PAGE 19 EXHIBIT "A" FRANCHISE AREA o ~ =It: APPROVAL BLOCK ""C :> ~ tv o SITE ACQUISTION DAtE lAND USE REP. DAlE Rf ENGINEER DAtE CONSTRUCTION UGR .<IT PRODUCilON LEAD DAtE lAIIDLORD DAtE DRAWING INDEX SHEET CONTENTS REV TOl llTLE SHEET 1 NO! GENERAL NOTES 0 COO SITE SURVEY (BY OTHERS) 0 COl OVERALL SITE PLAN 0 C01.1 ARCHITECTURAL SITE PLAN 1 CO2 ENLARGED SITE PLAN & ELEVATION 1 C03 EQUIPMENT DETAILS 0 C03 CONSTRUCTION DETAILS 0 C03.1 CONSTRUCTION DETAILS 0 C04 ANTENNA DETAILS 0 E01 ELECTRICAL. GROUNDING PLAN & DETAILS 0 PROPRIETARY NOTE: THE INHIRW.lION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY 8'f MAWR[. 00 US[ OR DiSClOSURE OTHER THAN lW.T WtlK:H RElATES TO ClEARWlRf S[IMCE IS STRICllY PROHl~. SYMBOLS & ABBREV~TIONS UTIU1Y CONTACTS IN] NEW IE] CCISl"" -~_.- CENTER UN( -.----- PROPERlY LlNf -x- F[NC[ UNE -G- GROUND WlR[ - OHP- OVERHEAD POWER -OI!T- O'IEllHEAD TELCO - UGP- UNOERCROUND POW[ff CONDUIT -IJGT - UNDERGROUND TD.CO CONDUIf - EH - ETHERNET CABlE POWER COMPANY PUGET SOUND ENERGY (888) 321-m. TELEPHONE COMPANY OWESl (800) 955-4922 .At 011 new ServiCC3 &: grounding trenches, provive "WARNINC" tope at 12- below grode. ~ CALL "CAlL BEFORE YOU DIG" 1-800-424-5555 unLllY NOTlflCATJON CENTER OF WASHlNCTON STATE IH ALL ARCHITECTURE NofthCteeltQff",CenIer 19119 Nofth Creek P"bllj, Suiltl05 1lolheI. IIA 98011 ph: (425) 415-0716 Iar. (425) 415-1)799 6 PARSONS 1530 WESTlAKE AVE. N. SUITE 600 SEATTlE. WA 98109 5 SITE QUALIFICATION PARTICIPANTS .-. ~ NUMBER lEAM LEAD, JUSlIN ABBOTI PAASONS (206) 790-4655 SAC, MICHAEL WAi-lER PAASONS (206) 351-0156 PEfb,lmtNG: CRNO WILSON PARSONS (206) 21B-694O CONSTRUClION: ..l.l GIBSON PARSONS '42.5) 802-0831 A/f; R1CHARD B. HAll. JIA HAll ARCHI1tCTURE (42S) 415-0746 RF EtfGIHEER: JENN't lERR.'. Cl.EARWIRE ('25) 6"-8700 PROPERTY OWNER: UARl<. WATl<INSON 1W WOOOTRAIL IIIl1AGE u.c (425) 228-9911 11104 POlE 0'M<El< TIU GASSER PUCE1 SOWD ENCERY (m) '56-2776 I A clear . r Site Number: WA-TAC394-C Site Name: ALDERBROOK / PSE VICINI1Y MAP DRIVING DIRECTIONS: TNCE 1-5 SOUTH TO om 143 (s. nQm ST): H[AI) WEST ON 3201H TO 21ST AVE SW: TAkE A lEfT ONTO 21ST AVE SW. SIlt WIll BE lOCATED ON lEflSlOE Of ROAD. PSE poLE 1311786 / 162140. SITE GPS COORDINATES: ",mull[ (NNl 83), LONGItUDE (NNl 83), ElEVATION: 47.313755 -122._ :J.t2'(*) AUSl clear wOre@ ALOEABAOOK IPSE WA.TAC394-C @ SCoPE: Of WORK: SITE ADDRESS; POLE OWNER: APPUCANr: JURtSotCTION: CURRENT ZONE: CURRENT USE: PROPOSEO USE: PROPrRTY OWNER: PARCEL I: 5808 lME wASHINGTON BLVD. SOIIT 300 lORKl.AHO. VIA i80J3 lieu SW 320TH SJRR(l FEOEIW. WA't, WA 98023 07 flW. CONSlRucnON OOCUWENTS CIS PREUWINARY CON51ltI.JCTtON DOCllt.IENTS NO. DATE ReASIOHS SCAlE: AS $HOWN DESlCNE:O BY: PH[) :\ D PROJECT INFORMATION AN UHUAHNEO tElfCOI.lMUNlCATlON fAC\l..lTY INCLUDING THE INSTAl..lATION OF NEW Cl.EARWIRE ANTENW.S fl.U5H MOUNTED ON A PSE REP~ENT WOOD VT1UTY POLE PlUS THE INSTN..I.ATION or A SITE: SUPPORT CABINET ANCHORED A CONCRETE SLAB ON GRADE: WITHIN A PRoPOSED 9')(9' fENCED lEASE AREA. 190t sw J20TH STRffT FEDERAl WAY. WA. 9B023 PUOCT SOUND ENERGY PO SOX 90868 BEU.EVUE, \VA 98009 CONTACT: 11.. ~R PH; (425) 456-2776 C1.EARWIRE, u.c CITY Of FEDERAl WAY RESlllENllAL ("'2400) ROUND WOOD UDU1Y POLE ROUND WOOO UTUJY POLE &: TEl..ECOIAIUNICAfiOHS EQUIP",OO AN( WOQDTRNL VIlVoGE 1LC CONAM UANAGEUENT GROUP 1000 OAKSDALE AVE SW 11JO RENTON, WA 98055 PIt (425) 228-9911 .,04 CONTACT: WARlC WATKINSON 1321039101 C B HAU. ARCIft[ClURE 9OTHELL. WA AiD RSH PHD HI) RBH BY CHi< N'P'D DRAWN BY: PHD lJIU SHEEr DRAWING NUU8(R: WA- TAC394-C- T01 ~ o 2 o ~ =It: ""C :> ~ tv ........ -. GENERAL NOTES I. All. CONSTRUCTION AND W.TERlAlS SHALl COWPL Y WITH THE "INTERNATIONAl BUILDING CODE 2003" AND SHAll UEfI' OR EXCfED THE STRICTER OF APPUCAaLE COUNTy CODES AN{) ~[GUIAT1ONS, lATEST (OlTIOOS, 2. ANTENNAS. CABINETS 1140 COAXW. CAelE SHAlL BE PROVIOED BY ClIENT CONTRACTOR S/iALL COORDINATE: SCHEllUlE Of OEt.NER'f TO AVOiD OElA'tS. J. DAMAGE TO AU. UTtUTlES. l..'JIlO. DRIVEWAY AREAS AND PROPERlY OF OTHERS, DjSTURBED OUl~ING CONSTRUCTION, Sw.u. BE: IIDURHEO TO THE ORIGINAl CONOfTlON AT nu: COWPl.E1l0N OF IVORI(. 4. CQHTAACTOR SHAll COORDIHATE WITH T~ L.ODl PO'MER NolO TElEPHONE un!1rIES AND THE CONSTRUCTION w.~ TO CONFIRM THE SOURCE Of SErMCE, PRIOR 10 INSTH..l.AilON Of CONOuOS. 5. EXISTING VEGETATION AI'lD ORGANIC MATERIAlS SHAll BE Ro.tOVEO FRot.l 1t1f CONCRO[ PAD AREA. FlLl SITE TO DESIGN EltVATlON W/ClEAN. ~ SOIl COUPACT Uf'Il)[R CONCRETE PAD TO OBTAIN NOT lESS THAN 951 OF THE MODIFIED PROCTOR w.xn.lIJW DRY' DENSITY FOR SOil IN ACCORDANCE WITH A5TM D~7. 6. REGRADE MOUND PAD AS REQUIRED TO ALlOW IJAXlMUIJ 3- Of pfJ{) THJCI(NESS, EXTENDING ABOVE GRAOf. 7. AlL WORK Sl-IAI..L BE DONE SATISFACTORY IN A. PROfESSIONAL WORKt.lANLlKE IolANNER. SU8JECT TO INSPECTION otJ~GTHE CONSTRuCTION AND FINAl APPROVAL BY THE CONSTRUCTION t.WW:;ER. 8. ANY SUBSTlTUTlONS OF MATERw.s. EQUIPtr.lENT OR AlTERATIONS FROM THE PlANS MID/OR SPECIflCATlONS SHAll BE APPROVED BY TH€ CONSTRUCTION lIANAGER. 9. COLOR SElECTION SHAll BE COORDINATED WtTH CONSTRUCTION MANAGER 10. CONTRACTOR SHALl VERIFY EXISTING toNDlTJONS AND oltr.l(HSlOHS AND BRING DISCREPANCIES TO THE AITENT10N Of CONSTRUCTION WJlIAGER. 11. CONTRACiOR SHAlL COHT~ SUBSlIRFAC( UTlUTY LOCATOR FOR tMCT LOCATION Of EXISTING UTllJTlES, PRIOR TO COMMENCEWOO Of CONST!WCTION ACTMnES. COtflRACTOR SHAlL VERIfY f)(ISTlNG UTILITY LOCATIONS BY TEST PIT, AS NECESSAA'I'. EXACT lOCATION Of IJT1tffiES SHOWN ON PlAN ARt APPROXlWATE &: fOR PlANNING pURPOSt:S ONLY. 12. CONTRACTOR SHAlL DOCUMENT THE .AS BUltr LOCATIONS Of ALl BUR![\) UTlUTtES, INCLUDING POWER, GROUNOlNG, ETC... 1J. CONTRACTOR SHAll '5[CuRI:: TH{ NECESSARY PERWrTS FOR THIS PROJECT fRO'" AU. APPLICABLE: COVERNlIt[NT AG(NCI[S. CONTRACTOR StW.l Sf: RESPONSIBlE fOR AeIOlNG BY AU THE CONDITIONS AND RECUIREIl4EHTS Of THE PERMITS. 14. TOWER AND TOWER FOUNDATIONS AAE SHOWN fOR IllUSTRATIVE PURPOSES ONLY, 15. CONTRACTOR SK'lL VISIT THE PROJECT SITE TO vIEW AlL cONomoNS PRIOR TO sUBU1TTlNG BID. Nf1 OWlGES MNG CONSTRUCTION DUE TO AN rn5nNG CONDIllON, VISUALlY ASCERlAlNAaLE PRIOR TO SUBt.llnlNG aID, CANNOT BE WE ~S fOR A CHANGE ORDER. 16. CQ.t.T AU SURrACES WITH NO-OX WHERE DISSIMIlAR l.IETALS CONTACT. 17. CONTRACTOR SHALl REMO'IE ALL OEaRlS AND EMPlY COAX REELS fROtr.I THE SITE PRIOfi TO COMPLEllOO Of THE PROJECT. PROJECT NOTES REiNfORCED CONCRETE: ~-1. CONCRETE: All CONCRElE SHAU. Sf: f'c .. 3,000 I'SI AT END OF 28 DAYS AS DETERt.lINEO BY ASTN (:31 AND C,lg AND SHAU. BE NORMAL WEICHT. ~-2. PREPAAATION, TESTING ANO Pt.AClNC Of CONCRETE AND RElNfORCOdM SHAll BE PER A.CI-3IB 8lJIl[)WG: CODE REQUIREl,lunS FOR STRUCTURAL CONCRETE, l}.TEST EDITION. ~-J. RElMFORCINCBA.RS stW.L HAVE A W/NIUUM YIELD STRENGTH OF fy "" 60.000 PSI AND SHALL tONPLY WITH ASiW A615. R-4. PROVIDE MIHlMUtA CONCRETE COVERAGE tOR REINFORCING STEEL OF J-. ({-5. OOSTINC V(GETATION AND ORGANIC tr.IA1ERlAlS SHN..l BE REWOVE!) FROM mE BUIlDING FOUHOATIOH AREA fill TO INDICATED ELEVATION WITt! ClEAN SN-WY SOIL COMPACT TO 08T~2500 PSI 6EAR!NG CAPACITY'. CONCRETE EOUlPMENT PAl) SHALl BE flLJcrD OvER UNOlSTURBED OR WELL COl,jPACTEO SOIL DESIGN; D-1. DESIGN IS IN M:COROANCE WITH THE JNTERIiATIONAl BUILDING COO[ 2003. 0-2, EQUlPNENT CABINET lOADING PER: CLEARWlRE STANOARD EQUIPMENT. 0-3. Oi:SIGN LOADS: WASHINGTON. STATE A.. tOO ",PH WIND SPEED, ;} SECOND GUsr. CATEGQR't' 2. IMPORTANCE fACTOR 1.0, EXPOSURE CATEGOR'f C. B. AlL OTHER LOAD ARE PER ASCE 7-02 1>-", PAD ON GRADE: DESIGN IS BASED ON lotiNlMUN SOiL BEARING CAPACITY Of 1000 PSF. STRlJClURAl: 5-1. OEl'AIL., FABRICA.Tr. AND ERECT ALl STR1JCTURAL STEEl IN ACCORDANCE WITH AlSC, SPECtFlCA'nON fOR DESIGN, FABRICATION MID ERECTION Of STRUCTURE STtEL FOR BUILOINCS. 5-2. ALL STRUCTlJRAL $fEEL WORK SHAll CONfDRU TO THE NSC SPECiFlCAnoN FOR STRUCTUAAL STm fOR BUII.DING - AlLOWMU STRESS DES1GN AAO PlASTIC DESIGN, 9th EDITION. S-3. STRUCTURAl PIPE COLUMNS Stw.L COMPlY WITH ASnl AS3_ lYPE E OR S, GRN:lE B, F)" = 36KSl. AlL WIDE flANG[ SHAPES SHAll BE ASlt.l A992; GRADE 50, A.U. STRUCTURAL SIW'ES ,& PlATE 5IiAU. COMPLY WITH ASTM AJ6. 5-4. WElDINC: AU.. W[l0lNG IS TO BE DONE BY PRE70lW.1flED WELDERS HOLDlHG CURRENT CER11FlCATE FROM A RECOGNIZED TES11NG LABORATORY. 1U WELDS ARE TO BE PER A.W.S, COOE. LATEST EDIllON ALl WElDS SHAll OC Jjl6M UINIt.lUt.l FILlET WELDS U.O.N. ELECTRODES SHAlL BE [7OXX. 3-5. THERE StW.1 BE NO FlELO WELDING. S...S. STRUC1\JRAL GROUT SHAlL BE SHRINKAGf RESISTANCE HON-EXPANStVE, NONj,f[TAlUC CROUT WITH A NlNlMUtr.I 25 DAY COMPRESSIVE STRENGTH Of 5,000 PSI WHEN TESTED IN ACCORDANCE WITH ...S1\l CODE CtOg. fDRNS SHALl Sf PLACEO AROUND BASE PLATE AND TME STRUCTURAl. GROUT StW..l BE POURfO. NO DRY-OAIolP flACl<IHG, 5-7. /lHCHOR 90lTS AND ,A,il.-THREAD RODS SHALL COMPlY Wlffi ASTW Al6, UNLESS OlHERWtSE NOTED. ALL OTHER 90lts NiD NUTS SHALl cmtPlY WITH TO AST1.I A325. All BOlTS SHAlL BE HOT-DIPPED GAlVANIZED, 5-8. All EXPOSED STm. SHotU SE HOT -OIPPEO GALv~12ED AFTER fASRlCATIOH PfR ASTN A153 Ofl ,1,123. S-i. APPLY TWO co.t.TS Of tlNC-RICt{ RlIST-OL(UM 12185 PAiNf TO All ~~ ~~~o ~~ ~ ~oo:t:f~ 13~~~ TO BE RECONOITlOHEO, INCLUQlHG AU. WELD AREAS. I" ALL clear w're@ ARCHITECTURE PARSONS ALDERBROOK f PSE North Creek IlIfICt Clnler 1530 W[sTlAKf AVE. N. 5808 lAKE WASHINGTON BlVD, WA.TAC394-C 19119 NoItb Creek P'rboy, SW 105 SUITE 600 BatheR, WA 98011 SEATTLE. WA 98109 SURE 300 1901 sw 320TH STRRET ph: (425) 415-0740 to< (415) 415-0199 KlRKl>>IO. 'itA 980JJ fEDERAL WAY, WA, 9802] 6 5 4 ELECTRICAL NOTES 1. ALL ElECTRICAL WORK SHotU CONfORM TO THE REQUIREMENTS OF tHE NATIOtw.. Eil:CTRiCAL CODE (NEe) AS WEll AS APPlICABLE STATE AND LOCAL CODES. 2. ALL ElECTRICAL iTEMS SWLl BE Ul ~PRoy{D OR USlto AND PROCURED PER SProflCAOON REQU1REuENTS. J. 'tHE ElECTRICAL WORK IIIClUors AlL lABOR ANO MA.TERIAL DESCRIBED BY DRAWINGS AND SPECIFICATION. INCLUDING INCIDENTAl WORK TO PROVIDE COMPLETE, OPERAnNG AND APPROVED ElECTRiCAL SYstEM_ 4, GENERAl. coNTJW;TOR SHAll PAY fEES fOR PERWTS, AND IS RESPONSIBlE FOR OBTAlNlNC SAiD PERMITS, AND COORDINATION or INSPfCTIONS. 5, ElECTRIC\L AND TElCO WIRING BElWEEN CABINETS SHALL RUN IN EMf OR SCtlEDUlE 4{1 PVC (AS PERMITTED ijY caoE). 6. nECTRlCAl AND TELCO WIRING OUTSlOE A BUIlDlNC AND EXPOSED TO 'lYEAlHfR SHAlL BE IN WATER T1GHT GALVAHlZW RIGID ST[[L CONDUITS AND WHfRf REQUIRED IN UQUIO TIGHT fLEXIBlE METAl. OR PVC WHERE lOCAl.. CODES AND SITE CONOITIONS PERtr.lIT. 7. ELECTRICAl WOOl( StW.l fIE caPPER WITH 1YPt XHHW, THWN OR THIN INSULATION. S. RUN ElECTRtCAt. CONDlNT BETWEEN meTRICAL uTn..(fY D~nOH POINT AN{) EXISTING Mm:~ SOCKET AS lOCATED ON THIS ORAWlNC; IN f'IIC, PROVIDE FUll LENGTH PULL ROPE. COOROlNATED lNSl;uAJlON WITH UTIlITY CONP,I.HY. 9. RUN mco CONDUITS BETWEEN ffiEPHONE UTlUTY DEMARCATION POINT AND ocmlNG TElCO CABINET AND CLEARWlRE CABINET AS INOICJJED ON THIS ORAWING IN PVt. PROVIDE FUll LENGTH PiJU ROP€ IN mco CONDUIT. 10, ALL. EQUIPMENT LOCATED OUTSIDE SHAll ~vt NEUA. JR ENClOSURE. 11. COORQlN,\TE EXotCJ TELEPHONE RfQUlREIl4ENJ'S ",,0 SEJMCE ROumG WITH LOCAl.. TElEPHONE COIolPANY. APPLY FOR TELEPHONE SElMcr AS SOON AS POSSIBLE. 12. If IS THE GENERAl. CONTRACTOR'S RESPONSIBIUTY TO APPLY FOR COMMERCIAl POWER IUUEO\ATELY UPON RECEMNG AWARD Of BID. THE CENERAL CONTRACTOR )5 R(OORED TO KEEP ALl RECEIPTS fROM TH[ POWER COJ4PAriY ACKNOWLEDGING APPLJC.ATION FOR POWER AND THOROUGH DOCUMENTATION OF AN( DISCUSSIONS WITH THE POWER COt.tPANY THEREAfl[R. AlSO, THE GENERAl.. CONTRACTOR SHALL RECEIVED IN WRITIHG FROM THe. POWER COI.CP.4M' AS TO WHEN THE ANTICIPATED POWER CONNECTION WlU I:l( COI.lPI.ETE. If COUN(RCw.. POWER IS NOT AVAlLAI3lE BY Tt1E "POWER COMPLElr DATE AS CALLED OUT IN THE SPECIfICATIONS, A. GENEAATOR SHAU. BE SUPPlIED AND UAlNTAlNEO 8'r lttE GENEfW.. CONTRACTOR UNTIL COMMERCW. IS OBTAf,lEO, ~ COSTS ASSOC!ATEO WlTH THE GENERATOR 'MLL BE l.IU1lJAU.Y AGREED UPON BETWEEN THE OWNER AND GENEiW.. CONTRACTOR, IN THE EVENT THE G!I'lERAL CONTRACTOR fAILS TO TAi<E nE NECESSARY tol~RES AS orSCRIBED HEREIN TO SECURE POWER SY THE" POWER CONPlETED DATE, ntEN AlL COSlS ASSQClA.Tt:O WITH THE GENERATOR SHM1 BE BORNE B'r' ntE CONTRACTOR 3 I GROUNDING NOTES l. AN NffiOXIOAN'f COMPOUND Stwl.BE Af'PUED TO ALL EXTERIOR, ABOVE: CAADf.. I.lECHANIC, GROUND CONNECTIONS. 2. CONTRACTOR SHAlL SUPPLY AlL t.lA.TERIAL l.A9OR ANO EQUIPMENT NfcrSSAR't FOR A COMPLETE SYSTEM AS INTENDED HEREIN UNLESS OTH(RWISE NOTW. J. AlL EXltRNAL CROUND CONDUCTORS SHAll BE 12 AWG, BARE, sauD, TINNED COPPER UNLESS OTHERWISE. NOTED. 4. AlL GROUND CONHEClJONS SHAlL or: MADE WITH EXOTHERMIC wao PROCESS UNL(SS OTJ1ERW1SE NOTED OR APPROVED. 1U CQNNl:CTIONS SHAll BE MADE AT DESJGNATED lOCATIONS ON THE EQuIPMENT. 5. EXJCT lOCATION OF CROUNO RODS AND GROUND CONNECTION POINTS SHAlL BE DETERMINED IN THE FlM. ADJUST lOCATIONS AS REQUIRED 10 KEEP GROUND CONNECTIDHS PS SHORT AS POSSIBLE (8M wm. BEND RADIUS MID 90 DEGREE MAX BENO ANGlE). AlL Elnow GRADE GROUNDING SHALl BE INSPECTED AND APPRCM"D BY CONSTRUCTION ",lWlER PRIOR TO BAClCrllUNG. o I- 6, AlL GROUND COl.lPONEHTS 5lW.L BE INSTAlJ.EO WITHIN THE CONfINES Of THE FENCED /IIRfA Nf'(. METAlLIC ITEMS WITHiN 6' Of THE GROUND RING SWLL BE BONDED TO mE CROUNO RING. GROuNDING REQl.IlREWENT NOT St'.OWN ON PLANS ARE WA.VE GUICE HA.TCH COVER/PlATE. CABlE TRAYS, SUPPORTS. SER\I!CE PANElS, DISCONNECT SWITCHES HVAC UNHS, ETC. THESE ITEMS IiIJST BE GROUNDED. 7, .\LL EXTERKlR EXPOSED GROUND CONDUCTORS LONGER TIW{ 10- SHAll BE PROTECTED NIlD stJfIPORTEO BY A :s/~. PIC SCHEDULE all ~DUlT SI.EEVE WOUNTEO WITH cue-STRAP SUPPORTS fROLl a- aaow FINISHED GRADE TO 6- FROM FINAl.. CONNECTION. B. ALL GROUND RODS stWJ.. BE DRIVEN STRAICHT DOWtI, PERPENClICVI.J,R TO FJHISHEO CRADE, SUITABlf PROTECTION SHAlL BE PftCMOED ON END or RODS TO PREVENT l.IUSHROOhilNG WITH GROUND DURING INSTAllATION. Sl. GROUND CONQUCTORS SHAll. NOT COl,tE IN. CONTACT WITH TI1E SlAB OR TOWER EXCEPT AS DESlGNA.TEO, 10. THE UTIUTY NElITRAL/GROUND BOND IS TO BE t.IAOE: IN THE tli[lER OR l.L\IN DISCONNECT SWITCH, NOT IN ATS. 11. ALl EOU/PUENT SURFACES TO BE BONDEO TO cROuNDING sYSTtW SHALL BE STRiPPED Of Ail PAlNT AND DIRT, CONNECTIONS TO vARIOUS METAlS SHALl BE A TYPE AS TO NOT CAUSE A GALVANIC OR CORROSIVE REACTION AREA SHAlL Bt REPAlNTtD fOLLOWING 9QNOING, c ~ B I- A HALL ARCHITECTURE BOTHElL. WA PHO HD RBH PHD liD RBH B1' CHI( APP'O DRAWN BY: PHD _NOtES DRAWN> NUMBER WA- TAC394-C- NOT .!!!!. o . 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I 55.9a.~ V<I " ",I ~, 'I / ~I l 3 Ni I I i I I I kl/ *~ Q 'I ' ;'J / ,. ~~i _ '- '..J,~ ,5 j CL tt" , ~:c ~- ( l' ~', ~1.~. \, !olm'\ ,n I' '~l '_ r I !~,'T'<' __._______~~~~~:~ ,--.iJ:J' , '-I" -- -- ~- : -- -l--:J:-~ -HI'*i I I _~:-:-,ii]ltj:~r~~ ' I ' 'I,.f " I I b'" 3 I ' " "~ I I I .-!-l~'L _ I' .0 J _ _ _ _ ~ _ _ _ 1 ~ _ __ _ _' ! ~ N ~ ~ ! I I j 1 \ f~D \.E~ &. 1'I;CI( ------....-.fj}-----:---iN CONCRElL IN CASt:, OO'l'lN 1.1' . , I AOJACE",'o ZONING, I -i-- I IH ALL ARCHITECTURE lIo<tII CIed< 0If1Ct \AlII<< 19119l1o<t11 Creek Porkwov. Suite 105 IlotNII, WA. 98011 pb: (4'15) 41S-0m fOle (41)) 415-1lm 6 1,1~ -' '" ~2i . ~ ~ ~ REFER TO ARCHITECTURAL SITE PlAN C01.l PROPOSED CtlARVARE .IHlDOlA /MAY . _vt DISH I1.U5H Il(IUIIm oN TOP Of . PSE __ WOOD UIUlY POlE (~ UlCAl10H Of RfFI.<CEIlOO POlE 10 BE 0EIEJlII1I<ED IrI PSE) ~: ft~ S89'2S'IO~L 69.60' --- ~---- ---- 0-- 1'Elt.PH\)i( -;ql~R PARSONS clear w're@ '~30 WES'flA!(E A.I/E. N. SUITE 600 SEAmE. WA 98109 5806 IJJ<E WASHINGTON 8l YO. SUIiE 300 _: .. 98033 5 1 1 / "" to" \)1V:l~;Q1 I I / ~T\ ,c~dP\l I I j ~J~ ;;'~ ~/- I I / // I I / ,// -/' ~.~o('!';./"" - __~,c>S I ~ l N 11$ lot t \J'llGl'J\()2 I~~~~:I Ill.' ,!:1198'.'1 GRAPHIC SCALE ~~ 'r T OVERAll SITE PLAN SCALE 2..136: ,-..so' SCAlE lb:17: 1-.'00' ALDERBROOK IPSE WA-TAC394-C 19()l sw ,)2OlH STRREr FW€RAl WAY, WA 98023 3 4 LEGAL DESCRtPTION LllJlr:fj(IN(;cCUNnSl1OilTl>\.A1NO_S800I7.~NG TOlH(SlltNTPl-ATRfOOllOl1lUlolrll1l~C(lUNrr REctQDillCi ~Il ecm~, 'io~ ~.l ~U:l[lW.;" PCRTlON (i" THE NORlitfASl OIJARWl Of stCti0!41J. ~~ 21 ItClirri, RAN(,( J (ASo. ....~_. Itf KING w.mlY, WASilNCTON. o EXIST1NG LEGEND __ _ _SUB,fCT BCllNDARY l;!t~ '"_ __ _ _lilGfH_Of_WATWHt'R'Jl.1r _ __ _l<iQlT_a>_WA'l'llN! _ __ AD./AcfNTSOI./I'>OAAY;..'Sl: ___ SEC.~Al.. ~E"",()\lWt l>.~ ~(AOPOWfJlUI'il:': BiJ~W PO\ltR UXE BUR:U> GAS LitlE QV[Rti(I;tlTELi~~Lft.[ _"r_fIURlE01Q.E1'HOttEUN( ._.__ _ ~u.___ BiJRI(D WAitR U.1E --SlJll;ltOS.!<ilt~ySE'<<l!{ "'aurlIEDSTORIotORAIl\l '''-Olle.< UNE/FtO'o' UN[ l<<lOI. REt~!NING 'ti~Ll -wcrrAflON UN[ ___~tHAjjllNKfENct '/ICCO fL'>Cf ...._.. .-..--- B~R!1LC 1III1l(/WI1l( Fi'lcf [{;] fflJ,HSfomlER '? riR!IlY(lflANT )::; 1JQ11 5T,\NDAIt:J ;.1 G.\!J: \lA~~t CfJ 1'0\'0U V,lULf :Ii .,.",TER ..Elm. l~ VlIUn !OX A fiR! STMP f'1Pt: i! UllUll PM a 0.<<.'1'0 e,.Sl-l. 1'lf'E.\ . P<U GUT ~E D CATOl 8A5;!o/, l)1'E ~ i::l (lJ.SVAl,v(: ... SUj,w !';! GJ.S~:v< 8OJ.,I,~O CD rEl.(l'If')jEVAUtr ." V.AILaox ~ lEL[PHQHE R1~rn SPOT E1l.VA::o''l C /J.(:rT-lERN...STE lOCIITKJi ~l B ~: : t ,: ~, " ~'Il )2\)11'\ "'-." VICINITY MAP _ I'IOT TO SCAll - A HAlL ARCHllECTIJRE BOTHEU, WA <MRALl SI1E PlAH DRAWING NUMBrR WA- TAC394-C- COl !!!". o o ~ "It: "'d > ~ tv ~ I I I ~ErO Z~_' I I I~oz~l -,- --,----- r- - ----) I I 1....___ _, _ I ) I I I I I I I I I I .1.._ _L I I I I I .J____L. ---.1____" IH ALL ARCHITECTURE North Cr... Off.. Center 19119 Harth CretIc Mway, SIii1e 105 RoM, WA 98011 ph: (l25) 4fS-il/46 ~ 41Hl79!l 6 .1___ --1 , 1 ______-, - -u--__u_u"':::?______ ___ ~ ---- -'=/ ! 45.93' J N31'27'5J~E / 55.98'~1 / ..39.46' -25.00. FOOND J/8" BRASS PIN NTH PUNCH IN 4- 'CONCRElE FQSf IN CASE. D0I'IN 0.5' w z OJ "I~ I ~ N ~ ~ 0 . ~ ~ ~ REFER TO ARCHITECTURAL SITE PlAN COl.l h ~~ PIlOPOSElI CUNlIIIRE _ NIOAY It 1lICROW/,'/E DlSH fUJSIl lIOIJIIED ON lOP Of . PSE RfPUCEIlEHT WOOl) UllJ1Y PCIL (EJ<Acr1.OCA1lllH Of_ POlE 10 BE DmJlllINEI) BY PSE) ~- ~~ S6976"O'"E 69.BO' --- ,- -- -+ .......l--'OUNO LEAD" TACK -0---- - itlI CDt4CRElE IN CI\SE. 1Vl,^", 1.1' I -.,00 I ' o--.~_'ElEP",,"E ---. t RJSER I PARSONS clear w're@ 15JO WCSTt,.N(f "vr. N. SUitt 600 SEATTlE. WA 98109 5806 l)J(( WASHINGTON BLVD. SUIT< 300 _, IlIA 9BOJJ 5 ---~-_.._-_._---- I I / lA",pl' \32\O}~10r I , / 101' ,,;,,,,,,,J I j 31. .o/fIJ ?/!:; ~~ 1 1 / 1 I / I I / ""od 1121oJ'lol - /"" - - /,- 13'o"~o~ /,,,,;, ~?~[ I~:"'"'I -012 ~,; I'Bf!J'J GRAPHIC SCAlE t..-...-Lu ...,' ~ OVERALL SITf PLAN SCALE 24JiCJ6: ,. -so' StAlE J b,7: '..100' ALDERBROOK I PSE WA.TAC394-C 1901 SW 320m STRR(T fIOERAl. WAY, WA W10lJ 2 03-15-07 flHAt. consmucnoN OOCWEM'S 1 12-22-0& PREuuItWh' COHSTRUCTION .oOC9MENTS N<J. DAn: _S SCAIL AS SH<1I/tf OESlGHro Il'f. PH) J 4 I t I N 6~/o,l_S;1"f:LOCATlON :~ ~ I j L_.__.... 2 LEGAL DESCAlPllON LOflrFi(lNli~lYSHQ;i:TP~A1NO.9110011.,.,ctlJRPlNG TO THE SiUblT PlAT llECOflOE) uuo::r< "'ltiC coutI:lY Fl[~!fJt.l5EReo11l9OB66,SAO~I?LAr~-" PORTlCH !:f'TtlLHOlIitiASrOllJ/dEq Of SfCiiO.'llJ. TO~SitlI'r.NCR:1H.RAN(;[Jr...sT.w,"'..l'il(INGCIJ"JIiTY. \Ii.4StIINGTCH EXISTING LEGEND -- - -SUSJlCl S~AA'(UN( -- -- - - ;{IGHT~<li"-WJ..Y C(N1E9JtiE - - - ~()lT~O'-'IIAY ~I>l( -'C./ACWT BOUtQARY ll,lif -'-." S(Cll!),;AL flREMOOw.; Li~:: .....---&--.- O'i(RHt:Ai) I'O'olliR UNE ...:JI' .---.--- IMbEO PO'/l(R LINf. -;:; fJ(jRi€.OGJ.Sl.l1( -----.-c: 0.. ..<~-~ OV'oRli(/J) lEl.r~ WIlE: -,fi__..... 6U~1fO TfL(hIONf Uf'/f ~. f3I,IRl[Q'II"~~ 'l.I~OORI(DSAI1lTAArSEW[~ '-'81J~rnSTC#lt.llll<.uo ".-. aTeii UNEJn.O'f liNt /lf0CK Rlli\lNlliC ....w.. 'otGEl4TfONLJIj[ - - - --...., OWN LINX ~ENtf .~--WOOOflt>CE BARBED YolIlf/'/olRE FEliIl': .~ ,IRE It'lORANT ~1 GA1t W.:"\'E .'f/ I\IAl[}1IJE1iR n tIRE STN<D PIPe: a CATCH 6ASIH, lWE.I ~ CATCH BASlIi.lm; II "'" SICIl 'OJ.MO IolML E10~ s.r:Ol ELE\'ATiDH it=' lRMSf~ n UQU STNlDAAO BJI.QIItliV4UJ.i e lJllUTV iO;l JJ lJl1UTYj>Clf. ~CUYVldlE t;ASVA!..1IE: CJ.S"(l(li It.lEP~[IJAUI.T rnrPHOHE ilISt"'Ji ~.~ 'I i I! I ~~;~ I HALl ARCHITECTURE B01HfLL. WA ffill RflIi PHO R8Il Il'f CIIIC APp.O DRAWN BY. PHQ O'IERAU. SllE PlAt< DRAWI"lG HUWBm WA- TAC394-C- COl D C B A "" o \ \1 , v I ~ \l ~l~ c-..:.-===I-"~_.r. '..rn~ / J \X/ I I: I . \ ! J "I ~I ,,~ \ ~sn'" 11EUllE I k / ~ '~E~ I. \ \ r::.- i7'--.-~ "-:'- r 1 CEIlM woaD FElICE <:l \ : \ ~/=J.,~~~ 'I /1 \ I "''''lI!ED u.o """,. '''111. !"litiS. 1Jlt~''''''' ,"\ - ~ : . ETIDtKT IIJti '-."'\ / ' I I O\v,1' \ J / . y ~~! I'RDI'OSED M.1Il1 HIIlH WIlCID 11 ~\ unun I'lIl[ TIl II[I'I..\CE [13 '\ g:x; ~1k:li: ~ :' TU IE DmRIIIErU];l I!W ~ I \ '--.1-\ " . _ED aL\III\lRE HIlEIUII ~ , /'; NIUI.'I' uouurm DtJ .. PIDPDEJ \ \.J / WIll U1IU1'\' PDIl . ~ ; ('~)') l~ ct ~ 'kr0 ~ (! i \. '~~ [I;) e........ I j l". /} Pili......, \. ct,"ur ! : ) 'v ~ C.llOOmr; CMlI . ETHEI'IIEl ---1-~' ~ :o~r~:::m/"'" ~1jO' /'-;X 14" Wli:1lC'!w.E ~!Il : Vi )f- I .- EllSTIl; mm S.tl 4--7 \- /r \ : /,!\... ..1 5 1Il \: J I" ALL IICH,nnuu ..r1h Cloak 0lIl:,(. 1911911rlh ClMII /.I1c""l'. ~1bI111!i ivlhlll '" 911011 ... (4lS) 41!Hl7~ h~ (425) 415-Dlii 6 PAAstlNS clear w.re@ 15M WErnME M, n, sun I!IJI !EAT1LE WA 1111111 5IlOl IN(E _Itllmlll Boo. SUI! JO(J MIIllW1P,\WI~ 5 '901 S. J!DI'H snlRET FEDEJMI.. WoW. we. !IIID2.] PIIlI'HD JIlIH Pill PHD IiIIH PIll PIID RIIH Ill' CH~ 1I'P" DfPNf~ IY: flIHDI 1JlIItBl. I'M EtJlMlJED !iTE PIAt~ ~ ELM.lI[]t~ DR4iWJ.,r: 'Jj....ER WA-TAC394-C- C02 4 3 2 lr'l N ~ <t: p... =I:t: ~ o o ~ ::tt: "'d > ~ N 0\ _0 '/roOD rulCl WIn< POSTS 0 6'-0" O.C. (lYP B(YONo) IH ALL UCHITEeTURE Iior\lI Croek 0IIite CorW 19119 Iior\lI c...I< 1'aI\wOJ, \C,. 105 1lolheII, WA 98011 pIl: (425) 415-0146 "": (425) 415-0)99 6 @J:!QL!.W PROPOSED '.-0. GAT[ 3 HEAVY DUlY C~IJ. SlID. Cl-tt. '"WOES (lYP) t:\\ IXPICAL GATE DETAIL \!J so.u: 11x17: :5/8--1'-0. SCAlf 2.><36: 3/,..,'-0" PARSONS clear wOre@ \ 51O WES1W<E AVE. H. SUITE 600 WITLE. WA 911109 5806 lAJ(( w_OtIIllVO. SUiTE JOO ~IRKWlD, "" 9llCl3 5 @~ ALOERBROOK IPSE WA-T AC394-C 1901 SW 320TH STRRET fEDERAL WAY, WI.. 9802J 4 o C9 '"-"~o~~~~ 1~~~1~-0. SCALE 2.b:36: 'f' ~ 1'-0" n. G!>.TE OETI>.IL \:JI SCN..E 1 b17: 1/2- .. l'-O~ SCALf 24JlJ6: ,. "" 1'-0. c TOP-or rt:HCt SHAll_HI lEVa fROW POSt" TO POST SlIlPSON fB2' FENCl: BllACJ(ET (lY' . EACH POSl) P.T 2><4 STRINGER I B ~lIPSON Cll44 WI (2) 5/0.' IlOLlS POST MIX U~TURBED SOIL 12"' (2400 PSI) PlER(S) n. FENCE DETAIL J, sc.LE '''": 3/8.."-0. 5CAlE 24&36: 3/4-..1'-0. A HAlL ARCHITECTURE BOTHEll, WA ~ CONSlROC11ON DETAIlS DRAWING NUM8ER ~ WA- TAC394-C- C03.1 0 2 o ~ :j:j:: ""'C > ~ tv -.....) CLEARWIRE ANTENNA INFORMATION SECTOR WDtl I Q1Y. '" """" ~ 12D' ~ Mtm: l4ll' 2fSllMtO lW) CENTERn. ~ .!!: .!!: '" "'" ... """""" CPS~ l.OO\noti OPOONS: (1) 1QQMHl'(:A8N;f1(21.wn:*"lIlSf;(l)II~1IWlvmT lJS[l,. t.WlKlNGS StW.l BE P\)C[J) AT; el} WITHIN IT Of CABLE AT 80lli ENDS ~;J ~= :10 M~ ItITO tHE c,lBlNEl fOR A CABLE SUPPORT IlRlOGE . COOROIHA.1[ Ilol.ClCtWJL INSTIllATION'1IIll fINAl. ENGS WOOD POLE @ ~rTci"';~TIOll (] CO::~~~M[NT ANTENNA AIJ. EXPOSED ANTENNAS, COAX, CONllUlT. >>ID MOuNTING IWlDWAAE TO BE P~I/TED TO MATCH PROPOSED WOOl) POLE. COAX JUMPER FROU ANTENNA TO BTS 7r =N~~ , CROUND CABlNET 1# CD , ~u~ OET~L IH ALL ARCHITECTURE North Creel< otr.. Ceoler 19119 ~ Creel< POIitwoy, sute 105 Bothe~ WA !l8ll11 pk (425) 415-0746 10< (425) 415-0799 6 clear wOre@ AlOERBAOOK IPSE WA- TAC394.c 1901 SW J20TH SlllRET FEDERAL WAY, WA 98023 PARSONS lSJO WESTl.AKE AVE. N. SUfIE 600 SfATllf, WI. 98109 5808 LAK( WASHINGTON BLVD. sum: JOO KIRKlAND. WA ~3J 5 4 6.12- .~ ~UF'ACTURER: TRIMBlE Po\IlT , oICUTlllE 2000 LENCltl 5" WlOTH:6.12" WEIGHT: 12.8 01 (1) Gt~Cl~r ". @ .~'loSm'TION lotAHurACTURER, NEXTNET PART , BTS-25OO L!NGllt 19.3" WIOTH: 11.J- OEPTH: 5.1" WEiGHT, J5 LllS ~ .1 -t; @ 81S SPECflCATION I ~5 N(JT TO SCAlE liio 2 03-15_07 RNIL CONSTRUCTKlIl ooctJUEI/TS 1 12-22-0& PREuNINARY CONSTRUCTION DOCUNENTS NO. Ilo'.TE REVlS~S SCAlf, /oS SOOWN DES~NEO 1l'I', pfj[) 3 5.5" 4~7. D .....UFoICTURER: OORAllUS PART , 26 509B90 LENGlH, 35.6. WIDTh: SS DEPm 4.7" WEiGHT: 8.5 LBS E1.E.CTRlCA.I.. SPECIF1CATJONS: GAIN - 16 dB! JdB BEAN PAITERN - 9O'XT BANDWIOTH - 2.5-2.7 GHz VSWR - 1.4:1 fROHT TO BACK RAllO - J5 dB POtAAJlATlOll - VERTICAL CROSS POL OISCR~ - J5 dB PoWER RATING - 25W IWPEOoINCl' - 50 OHWS CONNECTOR - N fElMLE D :. ~ C IlY_ i l/4CH.VCZltONl.,,"UlIIi ! i !~~~ & .. 12 ~lC2S11~IlIUJS{;t .II i l/'JJlfllt.1lllDlOfmlNll ... i l/2.1lQ1l.OClt1MS1Q !it I ""1;moOf.tlSiW:IIU. It 12 l!2A56J..IDNlIJ III I 1/21 12 1/2. 4 lHllILlMSr B A @ 4:^T~~.:.rAIL HAlL ARCHlll'CTURE BOTHELL WI- PliO RBH PliO PliO RBH BY CHIC Af'P'O DRAWN BY: PHD NllENNADEt'lLS DRAWING NWBER WA- TAC394-C-C04 !!! o 2 ~ ::\t: ~ b 'en ~ ~_""" oa<iOl'O EQ\l\p~ElIl ~ ~ at \'I!l/WNI>C. ,. ~S\iill. ?wSE. 2. . __.,,"" ~ ~~,::,U1~~ ___",..m IOlll ",SlI>UED l. \J1IuTi~ \l'l\Ss\'AU. \.pits s.r,ouUl f>lllllfll\.ll~' __----...\ -I f' r"'..~......--\. ' \ , .! /_~,___\-.\--v'r--~'->(~/ I") GIlOUlltl ROO Y' , " . ~ t " \ I 110" '._... ~EO\ USEy' ~. I . \ \~\\'IGl/llfl\Olo\\~)G~ " . 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Ql\C\J\\ eW"tR r<\ G . ._'IlG RO~ 8~ c :l-t~ . \-l~ GllO lIlt Colltl'Jl' ~ s ~o'i .~~ I") l)\SCi)llIlE.CI ~ .o~ SC\IUl\l\.tCf'lC,.ro ~ foa~~ 1<: H 1l\!l' U\1 ~.l.s. 3 ~ "T '~J ~ ~ .... ." . ,. c~()I)"O ROO 1ESI'lItll- ~~1lJll (tj)lB\.E ,;o\.E \llC) ttDIltUl ~~ ;.. ____0- Gl\OU_collt)llll ~~ p.\.\)EfIij~/pSE V;p._1p.C:\94.C ,901 StI }2<)'" SlR\lEl fE~ li/oi. ... 9lI'l1l 2 4 EXHIBIT "B" Bond #08857088 Loc #W A- T AC394C CITY OF FEDERAL WAY PERFORMANCE BOND FOR RIGHT OF WAY FRANCHISE AGREEMENT KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned Clearwire US LLC, ("Principal") and Fidelity & Deposit Company of Maryland, the undersigned corporation organized and existing under the laws of the State of Maryland and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bound unto the City of Federal Way, a Washington municipal corporation, ("City") in the penal sum of Sixty Thousand Dollars and nolIOO ($60.000.00) for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally. This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City dated 9/18/2007 to occupy rights-of- way of the City of Federal Way, Washington within the specified Franchise Area for the purposes of installation, operation, maintenance and repair of its wireless communications fixtures and related equipment, cables, accessories and improvements in a portion of the rights- of-way within and through the City of Federal Way. NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement, or from defects appearing or developing in the material or workmanship provided or performed under the Agreement within the period not less than: 1. the term of the Agreement; or 2. two (2) years beyond the completion of final installation or construction by the Principal pursuant to the Agreement if required by the City; whichever is longer, then and in the event this obligation shall be void; but otherwise, it shall be and remain in fullJorce and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on ORD# , PAGE I thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ("USA&M"). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to completion of the mediation. DATED this 18th day of September, 2007. CLEAR WIRE US, LLC By: C-~ --::> (Name of Person Executing Bond) Its: John A. Storch (TitMf. Network Deployment L\4D7J 6t~ llOVl ~t- ~~v&;{JLNk QY033 (Phone) ORD# , PAGE 2 STATE OF WASHINGTON) ) ss. On this daY...E..ersonall , to me known to be the V f-' of Clearwire , LLC that e ecuted the foregoing instrument, and acknowledged the said instrument to be th free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that helshe was authorized to execute said instrument. COUNTY OF GIVEN m~~N'~MiIAfficial seal this ~. ~€.\.. tSS '1 .:5" 0'(:' ""~\"\\\"'l '-"f }.'I :=- ~ .:-~sS'ON ~I", /'l.'/' - ",_,! - ~_\ .... 1..', '" Z - v.:-:~ C T 4.1:'\ '..0', C:~ 3 fO ~-' , '1"'.L '1l~ (j)~ .". ;:() \'tI~ ;;:; ~ ~ - . - cn~ ~ ~ <:n~ 10 E :; '.- ;...\ Z I r. =- "Z . ,/JRL\V =~- ~ 7,)\"" .9, "9.' a,.,. .~o = I ~'.. f - ~-" - "" 0;'11\\\\\"", ~6...~ 1111 WAS~ .......... ",\\~""" (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires 41ft:=, /01-- CORPORATE SEAL OF SURETY: SURETY Fide~it Company of Maryland By: ~ Attorney-in-Fact (Attach Power of Attorney) Kathleen M. Mitchell (Name of Person Executing Bond) 601 Union Street. Ste 3400 Seattle. W A 98101 (Address) 206-892-9200 (Phone) APPROVED AS TO FORM: Patricia A. Richardson, City Attorney ORD# , PAGE 3 . ~ .. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, . are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date e, des by nominate, constitute and appoint Kathleen M. MITCHELL, Jenell TURNER and Debbie of od City, California, EACH its true and lawful agent and Attorney-in-Fact, to mak ~ . behalf as surety, and as its act and deed: any and all bonds and undert o. ~, ecu or undertakings in pursuance of these presents, shall be as binding upon . add\ ~ I. ents and purposes, as if they had been duly executed and a~knOWled t!'i y ele ,~l ompany at its office in Baltimore, Md., in their own proper persons . er ~ ~ . on behalf of Kathleen M. MITCHELL, Jenell TURNER, dated April 13, 200 . ~0 (!;J\:::/ The said Assistant ~s \H.e~~ certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-rli7~dCompany, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 21st day of March, A.D. 2005. A TrEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ~ )J, ~ it f/;vI By: ! Eric D. Barnes Assistant Secretary William J. Mills Vice President State of Maryland } ss. City of Baltimore . On this 21st day of March, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ",\\:).t~~~'l'lll ~\~\'~'.........~(~ I'~ $ ~/U(it.-!I~""~(~-"~ ~. V'J-' r ;; t'l' (c ; ':: ~~~~(,' .J i~ 'i;ti;.... ~:t l~.<~,.:-. 1111r~ (;(.\ii~~\,," "11111\\ ~[) Qo.-f2 Maria D. Adamski Notary Public My Commission Expires: July 8, 2007 POA-F 016-2128M ... ~. . EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature ofmortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attomey is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attomey issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, IL . 18 Ii- . lins --i------ day of ~ .Je-,~tuA..-- , oLeo 7- . Lit ::/ dfJ Assistant Secretary Section 25. Severability If any section, sentence, clause, or phrase of this Franchise 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 Franchise. Section 26. Ratification Any act consistent with the authority and prior to the effective date of this Franchise is hereby ratified and affirmed. Section 27. Effective Date This ordinance shall take effect and be in force 30 days from the time of its final passage, as provided by law, provided it has been duly accepted by Franchisee as herein provided above. PASSED by the City Council of the City of Federal Way this _ day of 2007. CITY OF FEDERAL WAY Mayor, Mike Park APPROVED AS TO FORM: ATTEST: City Attorney, Patricia A. Richardson City Clerk, Laura Hathaway, CMC FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. ACCEPTANCE: ORD# , PAGE 17 COUNCIL MEETING DATE: October 16,2007 ITEM #: 8' a...- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ApPOINTMENTS TO THE LODGING TAX ADVISORY COMMITTEE POLICY QUESTION: Should the City Council appoint candidates to the Lodging Tax Advisory Committee? COMMITTEE: N/ A MEETING DATE: NIA CATEGORY: D Consent ~ City Council Business D Ordinance D Resolution D D Public Hearing Other .~!_~~!...~!>.2~!.~~:.__..!:.~!:1.!._~.g~!1.?:~~~>.:_............_.._._.._........____ DEPT: Management Services Attachments: N/ A Background: At a special meeting of the City Council on October 16 2007, the City Council will interview applicants to fill two positions on the City's Lodging Tax Advisory Committee. Both positions are for a two-year terms. Two applications were received for the two vacancies. The Council will confirm the appointments during its Regular Meeting on October 16, 2007 and all appointed members will be invited to the November 6, 2007 City Council Meeting to receive their Certificates of Appointments. Options Considered: 1. Appoint the following candidates as regular, voting members to the Lodging Tax Advisory Committee with terms expiring as listed: a. October 31, 2009 b. October 31, 2009 2. Direct staff to re-advertise the vacancies. STAFF RECOMMENDATION: N/A CITY MANAGER ApPROVAL: NIA Committee f'-C'-- Council DIRECTOR ApPROVAL: N/A Committee 'tfL1 COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "I move approval of Option 1. (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 # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # COUNCIL MEETING DATE: October 16, 2007 ITEM #: ~b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ApPOINTMENTS TO THE DIVERSITY COMMISSION POLICY QUESTION: Should the City Council appoint candidates to the City's Diversity Commission? COMMITTEE: N/ A MEETING DATE: N/A CATEGORY: D Consent I:8l City Council Business .~!:\!':!':~!2~!J!X_:.._...!:~~~..!:!~!hl:l:~_8:Y-_.....m D Ordinance D Resolution D D Public Hearing Other DEPT: Management Services l\ttachmnents:Nli\ Background: i\t a special meeting of the City Council on October 16 2007, the City Council will interview applicants to fill two positions on the City's Diversity Commission. One position is a two-year term; the other is a three year term. There are currently no alternates on the Commission. i\ total of five applications were received for the two vacancies. The Council will confirm the appointments during its Regular Meeting on October 16, 2007 and all appointed members will be invited to the November 6, 2007 City Council Meeting to receive their Certificates of i\ppointments. Options Considered: 1. i\ppoint the following candidates as regular, voting members to the Diversity Commission with terms expiring as listed: May 31, 2009 a. b. May 31, 2010 2. i\ppoint the following candidates as Alternates: May 31,2010 a. b. May 31,2010 3. Direct staff to re-advertise the vacancies. STAFF RECOMMENDATION: N/A CITY MANAGER l\PPROV AL: N/A Committee ~c, COImcil DIRECTOR l\PPROV AL: N/A Committee ^i~1 COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: HI move approval of Option 1. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # COUNCIL MEETING DATE: October 16, 2007 ITEM #: ~e..... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Proposed Settlement of Ginger Peterson v. City of Federal Way POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED SETTLEMENT OF GINGER PETERSON v. CITY OF FEDERAL WAY WHEN THE INSURANCE COMPANY DESIRES TO SETTLE THE MATTER FOR $25,000, WITHOUT ADMITTING LIABLITY, TO A VOID THE UNCERTAINTY OF LITIGATING DAMAGES? CATEGORY: o Consent ~ City Council Business o Ordinance o Resolution o o Public Hearing Other ~!~~I.':.~JJ.:.~2~!~y':.~~!~~I~~~fI~~2l':l?g!!.Y..~!.!.2~I.l.X DEPT: Law The incident giving rise to the above lawsuit occurred on November 30, 2003, when Officer J. Clary and his K-9 partner, Dex, were pursuing a suspect wanted for vehicular assault and felony eluding. Officer Clary and K-9 Dex conducted an arduous scent track of the suspect through dense vegetation and apartment complexes and, after nearly an hour and a half of intense tracking, K-9 Dex followed the scent of the suspect and cut around a box truck, came across the plaintiff, plaintiff shrieked and K-9 Dex bit her. The suspect was later located hiding in a closet within a stairwell nearby. The Court found that Officer Clary acted appropriately, but that the City was strictly liable for owning the dog that bit plaintiff. Therefore, the only issue that remained for trial was calculation of damages. Upon the recommendation of outside counsel and the insurance company, the parties reached a tentative settlement subject to City Council approval. Initially plaintiff demanded $95,500 for damages. The proposed settlement does not admit any liability on the part of the City, but is based on the uncertainty oflitigation and the expense of trial. The City's insurance carrier will pay the $25,000. Options Considered: 1. Approve the proposed settlement of Ginger Peterson v. Federal Way 2. Do not approve the proposed settlement. STAFF RECOMMENDATION: Approve the proposed settlement of Ginger Peterson v. City of Federal Way CITY MANAGER ApPROVAL: N~ \ u\} Y DIRECTOR ApPROVAL: L~ C ittee Counci C iti'ee p~ Council COMMITTEE RECOMMENDATION: Committee Member Committee Chair Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Peterson v. City of Federal Way settlement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # K:lagenda itemlcouncil12007lPeterson Proposed Settlement 100807 SETTLEMENT AND FULL RELEASE WHEREAS, GINGER PETERSON (hereinafter "Plaintiff'), brought suit against CITY OF FEDERAL WAY and its employees (hereinafter "Settling Defendants") in the matter filed in United States District Court Western District of Washington at Seattle, Cause No. C06-00036 RSM; and WHEREAS, Settling Defendants appeared through counsel of record; and WHEREAS, Plaintiff asserted monetary damages, personal injuries, property damage and general damages in the above-referenced action arising out of the incident as described in plaintiffs Complaint filed in United States District Court Western District of Washington at Seattle, Cause No. C06-00036 RSM; and WHEREAS, Settling Defendants vigorously deny that they did anything wrong or caused plaintiffs damages, and that by entering into this agreement, defendants CITY OF FEDERAL WAY and its employees do not concede they have any liability, and specifically deny any liability whatsoever for the plaintiffs claims; and WHEREAS, Plaintiff has authority to enter into this settlement with regard to all property damage and all personal injuries to herself, known or unknown, on behalf of all existing subrogated interest-holders, lienholders, including all liens of any insurer, medical care provider of any kind, or attorney; and WHEREAS; the identified parties to this agreement desire to avoid the expense, burden and uncertainty of continued litigation; NOW, THEREFORE, IT IS HEREBY agreed among the parties to this agreement consisting of plaintiff GINGER PETERSON and the Settling Defendants CITY OF FEDERAL WAY and its employees as follows: 1. In consideration of the total payment to plaintiff GINGER PETERSON in the Page 1 of5 amount of Twenty-Five Thousand Dollars ($25,000.00), the plaintiff agrees that her claims, in their entirety, as asserted against defendants CITY OF FEDERAL WAY and its employees, may and shall be dismissed with prejudice and without any further cost to any party. 2. Plaintiff, her successors, assigns, representatives, agents, employees, attorneys, insurers and any person or persons acting by, through or for her hereby release, acquit and forever discharge defendants CITY OF FEDERAL WAY and its employees, their successors, assigns, officers, directors, representatives, agents, employees, attorneys, insurers, and any person or persons acting by, for or through them from all liability, actual or potential, for all claims, damages or demands whatsoever in law or in equity which plaintiff has ever had, may have, or has claimed, or now claims arose from or in connection with the claims, damages or demands in law or equity arising from the allegations of the Complaint filed in United States District Court Western District of Washington at Seattle, Cause No. C06-00036 RSM. 3. This settlement and full release is expressly intended to cover all damages which are claimed or could have been claimed by the plaintiff in the above-referenced action. The damages may be more severe or different than those known at this time and may ultimately include death. These damages include any and all personal injuries alleged by the plaintiff, including all complaints described in plaintiffs medical records following the incident which occurred on or about November 30, 2003, and any and all property damage associated with that incident. 4. This settlement and full release is made and entered into as a free and voluntary act and has been done only after plaintiff consulted with her attorney, Mark W. O'Halloran. 5. This settlement and full release contains the entire agreement between the parties, and the terms ofthis Release are contractual and not a mere recital. 6. The parties agree that any and all actions necessary to secure an immediate dismissal Page 2 of5 with prejudice of the plaintiffs claims in this lawsuit as against defendants CITY OF FEDERAL WAY and its employees shall be taken by the parties and that each party shall bear its own cost and expense incurred in connection with such claims and the dismissal thereof. 7. The undersigned has full authority to enter into this settlement and full release. 8. Plaintiff agrees to hold defendants CITY OF FEDERAL WAY and its employees, and their agents, employees, attorneys, insurers, or representatives thereof (hereinafter Indemnitees) free and harmless from any and all claims relating to plaintiffs injuries and property damage that have been or may be asserted for tortfeasor medical liens, liens of any branch of the government, liens of any and all of plaintiff s insurers, liens of any insurers who may be responsible for payment of plaintiffs medical bills, liens for lost income, liens of any attorney, and liens for any and all claims for doctors, hospitals, or other medical bills, lost wages or any other service (including non- medical service) rendered to plaintiff arising out of the matters alleged in the United States District Court Western District of Washington at Seattle, Cause No. C06-00036 RSM, whether such claims be based on contract, tort or any other theory oflaw. 9. The plaintiff also agrees to pay indemnitees any cost for attorneys' fees incurred to establish indemnitee's right of indemnity as set forth herein, including any costs or fees which may be incurred arising out of any lien with regard to all property damage for plaintiffs injuries or any prior attorneys retained by the plaintiff as related to the incident described in plainti(fs complaint referenced above. 10. The undersigned attorney for plaintiff will see to the proper disbursement of all funds received. Page 3 of5 DATED this _ day of ,2007. GINGER PETERSON STATE OF WASHINGTON ) : ss. COUNTY OF ) On this _ day of , 2007, before me, a Notary Public, personally appeared Ginger Peterson, to me known to be the individual described herein, and who executed the foregoing instrument and to me acknowledged that she voluntarily executed the same. NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: The undersigned counsel of record for plaintiff will see to the proper disbursement of funds. GO SANKO LAW OFFICES By Mark W. O'Halloran Attorneys for Plaintiff Page 4 of5 The foregoing Settlement and Full Release Agreement has been reviewed and approved by the Council for the City of Federal Way, Washington. Payment per the terms specified in paragraph 1 above is hereby authorized. SIGNED this _ day of ,2007. By City Manager Page 5 of5 COUNCIL MEETING DATE: October 16, 2007 ..... .............................................................._.__..__............_ m..................................... .......................................... .m...mm...... m...._._ ITEM #:~ d. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SET THE ELECTION DATE REGARDING THE CHANGE OF GOVERNMENT POLICY QUESTION: SHOULD CITY COUNCIL SET THE ELECTION DATE OF FEBRUARY 19,2008, REGARDING THE CHANGE OF GOVERNMENT? COMMITTEE: N/A MEETING DATE: CATEGORY: D Consent IZI City Council Business D Ordinance D Resolution D D Public Hearing Other .~!~!!.~.~Q~!}~~Y.:_..}>._~!~f.~~!g!.!.~~_QN?...g!!X...~TI_Q~X DEPT: LAW Attachments: Staff Report and proposed resolution setting the election date regarding the change of government. Options Considered: 1. Set the election date regarding the change of government for the special election on February 19, 2008. 2. Set the election date regarding the change of government for the special election on March 11, 2008. STAFF RECOMMENDATION: Set the election date for February 19,2008, regarding the change of government. CITY MANAGER ApPROVAL: tJ 6 C mmittee \ \~~O~ DIRECTOR ApPROVAL: ~L~e COWlcil COMMITTEE RECOMMENDATION: Committee Member Committee Member Committee Chair PROPOSED COUNCIL MOTION: HI move approval of option _. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ~ CITVOF ~~ Federal Way CITY ATTORNEY'S OFFICE MEMORANDUM DATE: TO: FROM: OCTOBER 9, 2007 FEDERAL WAY CITY COUNCIL MEMBERS ^ .IJ PATRICIA A. RICHARDSON, CITY ATTORNEY ~ Ift'-- SUBJECT: ELECTION ON CHANGE OF GOVERNMENT On September 28, 2007, the City received notice from King County Elections that the number of valid signatures on a petition to change the form of government was sufficient. Currently the City is organized under the Council-Manager form of government pursuant to Chapter 35A.13 of the Revised Code of Washington. The election will ask the citizens if the City should conduct business under the Council-Mayor for of government pursuant to Chapter 35A.12. Attached is a modified table prepared by Municipal Research Services comparing the two forms of government. Council must take action to place the issue before the voters at an election. State law is very specific regarding the timing of the election. For this issue, the election must occur no earlier than 91 days nor later than 180 days after the City receives notice from the county that the signatures are sufficient. And, the type election determines the date that it can be held. In this case, a special election would be required. The window for such election is limited to February and March, because special elections are not allowed in January. A special election can occur on February 19, 2008 (correspond with the presidential primary election) or March 11, 2008 (the second Tuesday). Another factor that Council may want to consider in setting the date for the election is the cost. Under state law the City must pay for all election costs. However, the costs will be pro-rated if other entities also have issues for the election. The calculation for the costs is based upon the number of registered voters within the City. Election costs include publishing the Voter's Pamphlet if Council authorizes it, publishing the ballots, mailing absentee ballots, and administrative costs for the polling places. King County estimates that the cost of the election without any other issue to be $2.95 per registered voter and the cost of the Voter's Pamphlet without any other issue to be $.30 per registered voter. With 49,614 registered voters the costs could be approximately $147,000 for the election and $15,000 for the Voter's Pamphlet. King County Elections has stated that the City's cost for the election on February 19,2008 would not be as much because the state will share in the cost due to the presidential primary. State law also prescribes the criteria for the ballot title. Generally there must be three elements in the ballot title: (1) identification of the legislative body (i.e. City Council) and a statement of the subject matter; (2) a concise description of the measure; and (3) a question. The ballot title must be neutral with the goal to be clear to the average voter. The ballot title must be prepared by the City Attorney, or designee. State law prescribes the criteria for the Local Voter's Pamphlet. In order to have the issue in the Local Voter's Pamphlet Council must first take official action authorizing the distribution and publication of the Voter's Pamphlet at lease ninety days before the election. Council must also appoint a committee, if possible, of no more than three to prepare written arguments advocating approval and advocating rejection of the proposed issue. The committees can seek advice from others to prepare the argument. If Council does not appoint a committee, the county must then appoint individuals to a committee if possible. The time frame for the committees to submit written arguments to the county and the word limitations are established by the county. Generally the deadline for the submittals is forty-nine days before the election for the pro I con committee statements and forty-seven days before the election for the rebuttals. Council must take the following actions for the election: (1) establish the election date; (2) approve the language for the ballot title; (3) authorize participation in the Voter's Pamphlet; and (4) select a pro committee and a con committee to submit statements for the Voter's Pamphlet. Council is not required to take action on all four components at once. K:\ballot\council-mayor\staff report 10-9-07 2 Mayor-Council vs Council-Manager Forms of Government __~'__V_",_'~_~.'.~ ' ""~ v ~ Characteristics ]~~X~~~~~111l~il Legislative authority 1<::?llIl~ilmm .mw l~~~~E oE~?unci.~w_mm.w. ww.jl~e':'~~..wwwwwmwwmwmm.w. m....mw . y II Elected mayor .......wwwwmm..mw..! .W... .W.W..WWW.W..WW.m'.W...w. ........ ,.... Selection of CEO ~O~U~~~ed . R.-~Il2?':'~,!w?f~~mO mm. I~~~w~~l ~l~c~io~.._w_wwmw,ww. JI~ll~~?~~~~~~ti,:,~ m m m I ~~X~<lft~I"Ill ! I IT enure?~w~?llIlcil~~X~~~t~I"Illm I Appointment of I Mayor (with council I department heads I confirmation ifprovided) ! mm......................w..w.w....w.......................... . m ........ m .! I Removal of department I heads Mayor I V~!o ww I Policy development i I Policy impleme I I Underlying principles I Mayor w "M m',','~ ,,~~__ .~^""" Mayor can propose 1l'.1:~X?~. ........w W .......wm.. Separation of powers Political leadership Strong central executive ........... mmll Council-Manager wJ<::?~Il~i~ ![Seven ..J. wW w.w m.WWW. _ ...w.. wwWW..WmmW.W.'.' JI Al?P?illtedIl2aIlage~.. I Appointed by council on the basis of j expwe~wen~e w 11~~Il2?':'~~ by a Ill~jo~!y V?t~ ?!wthew~ounci~w 11~Il2l?l?ytl1~~t~?~~~~t i ................. .. . .. ..... ........ ....... ......... ................"............N ....J i ! ! ^~ _...........J I ! -~ i ! ! i -' I I ! ~ j er (council confirm appointed .cipal court judge; legal services) ! no veto w.w_.W _ --.J ~anager c~ recommend__ I ww J ll'.1:aIl~~~~www . ..m W _WWWWWMWW WmW J Separation of politics from administration Promotion of economy and efficiency through professional management Strong central executive RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, SETTING AN ELECTION DATE OF FEBRUARY 19, 2008, REGARDING THE CHANGE OF GOVERNMENT AND REQUESTING THE COUNTY PUBLISH AND DISTIRBUTE A LOCAL VOTER'S PAMPHLET. WHEREAS, the City Council of the City of Federal Way, Washington, received notice on September 28, 2007, from King County Elections that the number of valid signatures on the petition to change the form of government was sufficient; and WHEREAS, pursuant to RCW 35A.02.060 the election must occur no earlier than ninety days nor later than one-hundred and eighty days after King County notifies the City that the signatures are sufficient; and WHEREAS, special election dates that may fit within the statutory time frame are February 19,2008, and March 11,2008; and WHEREAS, the election costs born by the City will be reduced proportionately if the election regarding the change of government is held on February 19, 2008, because another issue will also be placed on the ballot - the presidential primary election; and WHEREAS, the City Council finds that it is in the best interest of the citizens to select a special election date regarding the change of government when the election costs can be shared by other entities; and Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Election. The City Council hereby requests the King County Council set an election date of February 19,2008, for an election to be held pursuant to Chapter 35A.02 RCW Res. #07- Page 1 to submit to the voters of the aforesaid territory the proposal regarding the change of government. Section 2. Local Voter's Pamphlet. The City Council further requests King County Elections publish and distribute a Local Voters Pamphlet for this issue. Section 3. 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 4. Ratification. Any act consistent with the authority, and prior to the effective date, of the resolution is hereby ratified and affirmed. Section 5. 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 OCTOBER 2007. CITY OF FEDERAL WAY Mayor, Michael Park ATTEST: City Clerk, Laura Hathaway, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson Res. #07- Page 2 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No: 07- K:\reso1ution\2007\change government 1-9-07 Res. #07- Page 3 RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, SETTING AN ELECTION DATE OF MARCH 11, 2008, REGARDING THE CHANGE OF GOVERNMENT AND REQUESTING THE COUNTY PUBLISH AND DISTRIBUTE A LOCAL VOTER'S PAMPHLET. WHEREAS, the City Council of the City of Federal Way, Washington, received notice on September 28, 2007, from King County Elections that the number of valid signatures on the petition to change the form of government was sufficient; and WHEREAS, pursuant to RCW 35A.02.060 the election must occur no earlier than ninety days nor later than one-hundred and eighty days after King County notifies the City that the signatures are sufficient; and WHEREAS, special election dates that may fit within the statutory time frame are February 19,2008, and March 11,2008; and WHEREAS, conducting the election on March 11, 2008, may result in the City paying for the entire cost of the election; and WHEREAS, the City Council finds that it is in the best interest of the citizens to select a special election date regarding the change of government at the latest date possible to provide sufficient time and opportunity for the public to learn of the issue; and Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Election. The City Council hereby requests the King County Council set an election date of March 11, 2008, for an election to be held pursuant to Chapter 35A.02 RCW to submit to the voters ofthe aforesaid territory the proposal regarding the change of government. Res. #07- Page 1 Section 2. Local Voter's Pamphlet. The City Council further requests King County Elections publish and distribute a Local Voter's Pamphlet for this issue. Section 3. 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 4. Ratification. Any act consistent with the authority, and prior to the effective date, of the resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY OF FEDERAL WAY, WASHINGTON, this day of OCTOBER 2007. CITY OF FEDERAL WAY Mayor, Michael Park ATTEST: City Clerk, Laura Hathaway, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERIC PASSED BY TIlE CITY COUNCIL: RESOLUTION No: 07- Res. #07- Page 2