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Council PKT 06-17-2008 Regular AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall June 17, 2008- 7:00 PM (www.cityoffederalway.com) ***** 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS . City Manager Emerging Issues Introduction of New Employees 4. CITIZEN COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) 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 ofthe June 3, 2008 Regular Meeting b. Safe City Federal Way - Safe City Program c. Purchase and Utilization of Two Dual Sport Motorcycles by the Police Department d. MUSCO Sports Lighting Retainage Release e. Amendment to the Human Services Commission Bylaws f. Recommendations on 2007 and 2008 CDBG Funds g. Resolution: Federal Way Village Preliminary Plat Approval 6. PUBLIC HEARING a. State Audit Results for Open Public Records Act Practices 7. CITY COUNCIL BUSINESS a. Cancellation of August 19, 2008 Regular Meeting b. Proposed 2008 - 2010 Police Support Services Association Collective Bargaining Agreement c. 2009-2010 Biennial Budget Calendar and Invitation for Citizen Comment 8. CITY COUNCIL REPORTS 8. CITY MANAGER REPORT 9. EXECUTIVE SESSION a. Evaluation of a Public Employee Pursuant to RCW 42.30.110(1 )(g) b. Potential Litigation Pursuant to RCW 42.30.ll0(1)(i) 10. ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND ALSO ON THE CITY'S WEBSITE. COUNCIL MEETING DATE: June 17,2008 ITEM #: Sa CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should Council approve the draft minutes of the June 3, 2008 Regular Meeting? COMMITTEE: Not Applicable MEETING DATE: Not Applicable CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other ~!~~l.!:_~.~Q~!.~y..:..Jy.l!~.:1p.'p'!.!.~~~~............_.............._....... Attachments: Draft meeting minutes of the June 3, 2008 Regular City Council Meeting. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. DEPT:NotApplicabk ......................................_................._..._......_._.............._..............................._.._....__.........M.__._..M.... STAFF RECOMMENDATION: Staff recommends approving the minutes as presented. CITY CLERK ApPROVAL: N/A Committee DIRECTOR ApPROVAL: N/A Committee N/A Council Council COMMITTEE RECOMMENDATION: Not Applicable PROPOSED COUNCIL MOTION: "I MOVE AFPROV AL OF THE MINUTES AS PRESENTED". (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 # FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall June 3,2008- 7:00 PM (www.citvofJederalwav.com) MINUTES ***** 1. CALL MEETING TO ORDER Mayor Dovey called the meeting to order at 7:03 PM. Councilmembers Burbidge, Duclos, Ferrell, Park and Deputy Mayor Faison present. Councilmember Kochmar was excused. 2. PLEDGE OF ALLEGIANCE Todd Beamer Jr. ROTC led the Presentation of Colors and the Flag Salute. 3. PRESENTATIONS MOTION: Councilmember Park moved to amend the agenda to add Item 6(b) under Council Business, a Resolution designating those persons authorized to sign checks, drafts or warrants on behalf of the City. Councilmember Burbidge second. The motion carried 6-0. . Swearing-in Ceremony for Police Officers Chief Wilson introduced several new Police Officers followed by the swearing-in ceremony performed by City Clerk Hathaway. . Certificates of Appointment: Diversity Commission, Human Services Commission & Parks and Recreation Commission Councilmember Burbidge introduced new members of the Diversity Commission, Human Services Commission and the Parks & Recreation Commission and presented each of them with their Certificates of Appointment. . Presidential Service Awards Assistant City Manager Roe presented Presidential Service Awards to Bob Dubos and Dan Goede for their work with emergency management. . Proclamation: Amateur Radio Week Councilmember Ferrell Presented the proclamation to David Schwartz declaring June 23-29,2008 as Amateur Radio Week. Federal Way City Council Regular Meeting Minutes June 3, 2008 - Page 2 of 4 . City Manager Emerging Issues- Introduction of New Employees Mr. Beets stated there were no new employees to introduce this evening. . Recess and Reception honoring Assistant City Manager Iwen Wang Mayor Dovey and City Manager Beets thanked Ms. Wang for her service and dedication to the City. Mayor Dovey presented Ms. Wang with a plaque and recessed the meeting at 7:28 PM for a brief reception. Mayor Dovey reconvened the meeting at 7:47 PM 4. CITIZEN COMMENT Nancv Combs asked that there be no more new development in Federal Way. She stated people are already over taxed and over burdened. H. David Kaplan thanked Assistant City Manager Iwen Wang for her service to the City. 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 May 20,2008 Regular and Special Meetings b. Monthly Financial Report c. Vouchers d. Fleet Maintenance Contract Award e. Tourism Enhancement Grant Approval f. Final Draft Approval: City Center LIFT - Request for Concepts Vision Statement and Process g. Graham Short Plat Side Sewer Easement Across City Stormwater Tract Councilmember Burbidge pulled Consent Item 5e. MOTION: Deputy Mayor Faison moved approval of Consent Items (a-d), (t), and (g). Councilmember Ferrell second. The motion carried 6-0. Consent Item (e) - Tourism Enhancement Grant Approval: Councilmember Burbidge recused herself from this vote. MOTION: Deputy Mayor Faison moved approval of Consent Item 5e - Tourism Enhancement Grant Approval. Councilmember Ferrell second. The motion carried- 5-0 (Councilmember Burbidge recused). Federal Way City Council Regular Meeting Minutes June 3, 2008 - Page 3 of 4 6. CITY COUNCIL BUSINESS a. Butko Notice of Intention to Petition for Annexation Senior Planner Janet Shull reviewed the Petition for Annexation from Richard Butko which was received by the City on April 7, 2008. Ms. Shull stated staff reviewed the petition and found that it met the criteria. Staff recommended to the Land Use Transportation Committee (LUTe) that the boundary be modified to include seven additional parcels. The modification would result in a contiguous regular boundary. LUTC moved approval of the recommendation with one amendment to contact the other seven parcel owners prior to the June 3rd Council meeting to inform them of the recommendation. MOTION: Councilmember Ferrell moved that the City Council accept the Notice of Intention to Petition for Annexation filed by Mr. Richard Butko on April 7, 2008, with a modification to the geographic boundary as proposed by staff, and that the area to be annexed be required to assume a proportionate share of existing city indebtedness. Deputy Mayor Faison second. The motion carried 6-0. b. Added Item - Amendment to Banking Services Resolution 07-499 MOTION: Mayor Dovey moved approval of the resolution authorizing the City Manager and Assistant City Manager/Chief Financial Officer to assign designees to conduct banking services. Councilmember Park second. The motion carried 6-0. 7. CITY COUNCIL REPORTS Councilmember Ferrell thanked Assistant City Manager Wang for her service. Councilmember Burbidge reported the next meeting of the Parks/Recreation/Human ServiceslPublic Safety Meeting is June 10,2008 at 5:30 PM. She also reported on regional committee meetings and upcoming community events. She also thanked Assistant City Manager Wang for her service and dedication to the City. Councilmember Park attended a meeting of the King County Flood Control District on May 28, 2008 and updated the Council on other regional meetings. He addressed Ms. Comb's public comment regarding development and tax increases stating as far as the Symphony project goes that is not a fmancial burden to the citizens; it is in fact quite the opposite as it will stimulate jobs and economic growth in the downtown. Lastly, he thanked Assistant City Manager Wang. Deputy Mayor Faison wished Ms. Wang well in her future endeavors and asked City Manager Beets if any tax increases are proposed for the Performing Arts Center. Mr. Beets replied no. Mayor Dovey reported on several regional meetings; stated the A WC Conference will be held in Yakima the week of June 18th and the City of Federal Way was represented at Emerald Downs the weekend on May 30th. Federal Way City Council Regular Meeting Minutes June 3, 2008 - Page 4 of 4 Councilmember Duclos had no report this evening. 8. CITY MANAGER REPORT City Manager Beets had no report except to say the Council would convene to Executive Session expected to last approximately 20 minutes with no action. 9. EXECUTIVE SESSION Council adjourned to Executive Session at 8:37 PM a. Potential Litigation pursuant to RCW 42.30.110(1 )(i) b. Collective Bargaining pursuant to RCW 42.30. 140(4)(a) 10. ADJOURNMENT There being nothing further to discuss, Mayor Dovey adjourned the regular meeting of the Federal Way City Council at 8:59 PM. ATTEST: Laura K. Hathaway, City Clerk Approved by Council on: COUNCIL MEETING DATE: June 17, 2008 ITEM #: 5br CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SAFE CITY FEDERAL WAY - SAFE CITY PROGRAM POLICY QUESTION: Should the City enter into a contract with Safe City Federal Way - an IRC 501 (c)(3) nonprofit corporation. COMMITTEE: Parks, Recreation, Human Services and Public Safety Council Committee MEETING DATE: June 10,2008 CATEGORY: ~ Consent D City Council Business STAFF REPORT By: Connie E. Attachments: 1. PRHS&PS Memo 2. Contract Options Considered: 1. Accept contract with Safe City Federal Way - an IRC 501 (c)(3) nonprofit corporation. 2. Reject contract D Ordinance o Resolution D D Public Hearing Other Lieutenant DEPT: Police Department CITY MANAGER ApPROVAL' STAFF RECOMMENDATION: Staff recommends Option 1. (!j)- DIRECTOR ApPROVAL: fJ.tJ./rw. Csjo;j)ll)f{ o.t.;.AW' &ft;/A4{ Committee Council PROPOSED COUNCIL MOTION: "I move to approve a contract with Safe City Federal Way, an IRC 501(c)(3) nonprofit corporation. " Con1mi COMMITTEE RECOMMENDATION: PRHS&PS r (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 # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: June 10,2008 FROM: SUBJECT: Safe City Federal Way - Contract Agreement Parks, Recreation, and Public Safety Council Committee Neal Beets, City Manag~ t r-: 1]vJ~ Brian Wilson, Chiefof;~'uW (p/I)} The City is seeking the City Council's permission to approve entering into an agreement with Safe City Federal Way, an IRC 501 (c)(3) nonprofit corporation. Back2:round Attached is the contract agreement with Safe City Federal Way, which is a nonprofit organization that is comprised of Chamber of Commerce members, and is lead by a Board of Directors. The Board will be responsible for the enrollment and governing of by-laws. The Board will work directly with the city in the implementation of the Safe City program. With the approval of this contract, Safe City of Federal Way can move forward with the first phase of this project which includes the implementation and monitoring of several cameras in and around the downtown core. It is the recommendation of the staffthat the City of Federal Way enter into a contract with Safe City Federal Way. I AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SAFE CITY FEDERAL WAY This Agreement ("Agreement") is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and the Safe City Federal Way, an IRC 501(c)(3) nonprofit corporation ("SCFW"). The City and the SCFW shall collectively be referred to as the "Parties". WHEREAS, the Parties desire to enter into an agreement, whereby the City and SCFW agree to each undertake tasks related to a SafeCity Program ("Program"), which will consist of, including but not limited to, certain financing, installation, maintenance, and use of a system ("System") which includes a network of wired and wireless video surveillance equipment ("Equipment") within the City of Federal Way in locations shown in Exhibit "A", can be monitored in real time by the City of Federal Way and/or authorized SCFW personnel to deter and investigate criminal activities, respond to emergencies, and maintain traffic safety; and WHEREAS, the Parties intend that SCFW will finance the Program and own, and maintain the Equipment and the City of Federal Way will use and operate the System, and will provide financial support to the Program. 1. PURPOSE. The purpose of the Agreement is to create a cooperative arrangement between the Parties to fund, create, operate, and administer the Program, while providing use of the System by the City to deter and investigate criminal activities, respond to emergencies, and maintain traffic safety. The Equipment shall initially be installed at or in the general proximity of locations pursuant to Exhibit "A", but may be thereafter relocated, modified, or expanded as agreed in writing by the parties. 2. TERM. The initial term of this Agreement shall be in force for a period of five (5) years unless terminated pursuant to section 6 of this agreement. The agreement shall be automatically renewed for subsequent 10 year periods unless terminated pursuant to section 6 of this Agreement. 3. DUTIES AND RESPONSIBILITIES. 3.1 SCFW's Duties: I) SCFW will work with businesses and property owners to obtain easements and agreements for the installation of Equipment, access for maintenance and use, and provision of power at locations agreed between SCFW and the City of Federal Way as appropriate equipment locations on private property at the sole cost ofSCFW. 1 AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SAFE CITY FEDERAL WAY 2) SCFW will be responsible for the installation and maintenance of the Equipment. It is anticipated that SCFW will execute contracts with Lensec to accomplish these responsibilities pursuant to the requirements of its financing through the Target Corporation. 3) SCFW grants to the City of Federal Way full access and use of the Equipment and the System. 4) SCFW will recruit participants from local business and individuals who will provide ongoing funding for the Program. 5) SCFW will maintain a web site/portal to provide information and communication regarding the Program to the public and to SCFW participants. 6) SCFW will insure the system maintains 95% operability per year. 7) SCFW will provide a written annual report to the City outlining its Program, membership, and financial operations. 3.2 City's Duties: I) The City will provide a location to house the hub of the System and for its personnel to monitor and use the System. The City will store images as needed in its sole discretion. 2) The City will maintain the portion of the System housed in its premises and provide general technical assistance for the System's wireless and camera network. The City's assistance is not in-lieu of any support service agreement offered by Equipment vendor. 3) The City will assist with obtaining necessary permits for the System. 4) The City will provide electrical installation services for the provision of power to the Equipment, cost to be reimbursed by SCFW. 5) The City will coordinate signing of the SafeCity Zone, with cost to be reimbursed by SCFW. 6) The City grants SCFW the right to use City Right-of-Way for the installation, maintenance, and operation of the System. 7) The City grants SCFW the right to use any City owned equipment identified by the Parties as part of the Equipment. 8) The City grants SCFW the right to use its 4.9 GHz wireless license as a part of the System. 9) The City grants SCFW the right to jointly exercise its rights to install, maintain, and operate Equipment under its easements or agreements with United Properties LLC and 1+ Y Investments LLC. 4 COMPENSATION/FINANCING. 4.1 SCFW will use funds obtained from the Target Corporation to provide for the installation and maintenance of the System. SCFW will be solely responsible for administering and funding of ongoing expenses of the Program, including repairs, maintenance, and expansion of the System, through contributions from participating entities. 2 AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SAFE CITY FEDERAL WAY 4.2 The City agrees to provide funds to be used for the installation of the System, including the cost for the provision of power and signage as to the agreed locations identified in Exhibit A, in the amount of Two-Hundred and Ten Thousand dollars ($210,000). The initial moneys, net of the City's wiring and signing costs anticipated at $45,000, shall be paid within 30 days of Parties' execution of this Agreement. The City agrees to provide an annual contribution of Thirty Seven Thousand Five Hundred and 00/100 Dollars ($37,500.00) to SCFW for the maintenance and technical support of the System and the Equipment and the operation of the Program. The first annual contribution shall be paid within 30 days of Final Acceptance of the System, with subsequent payments made by January 31 st of each year. 5 TERMINATION 5.1 For Cause: The City may terminate this Agreement if SCFW is in material breach of any terms of this Agreement, and such breach has not been corrected within thirty (30) days from notice of breach. For purposes of this subsection, a material breach is defined as a failure to comply with the duties contained in the paragraphs of this Agreement. 5.2 For Parties' Convenience: Either Party may terminate this Agreement without cause, upon one hundred and eighty (180) days advance written notice. 5.3 Dissolution: This Agreement shall be deemed terminated immediately if SCFW dissolves, becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits the appointment of a receiver for its business or assets, becomes subject to any proceeding under any bankruptcy or insolvency law whether domestic or foreign, or is wound up or liquidated, voluntarily or otherwise. 5.4 Notice: The City is not required to provide advance notice oftermination. Notwithstanding, the City may issue a termination notice with an effective date later than the termination notice itself. In such case, SCFW shall continue to provide products and services as required by the City until the effective date provided in the termination notice. 5.5 Effects of termination: In the event of termination of the Agreement, SCFW shall transfer all of the Equipment, all funds designated for the Program, and all of SCFW's other property and assets to the City of Federal Way. Termination shall not alter the obligations of the Parties undertaken prior to termination. 6 ADMINISTRATION AND CONTACT PERSONS. The Parties stipulate that the following persons shall be the administrators of this Agreement and shall be the contact person for their respective jurisdiction. All notices shall be sent in writing to these persons. The parties may change this information at any time by written notice to the other party. 3 AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SAFE CITY FEDERAL WAY City of Federal Way: SCFW: Neal Beets City of Federal Way 33325 8th Avenue South P.O. Box 9718 Federal Way, WA 98003-9718 Tom Pierson, Chairperson Federal Way Chamber of Commerce Safe City Federal Way P.O. Box 3440 Federal Way, WA 98063 7 INSURANCE. 7.1 SCFW agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating, which is satisfactory to the City: 1) Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; 2) Commercial general liability insurance with combined single limits of liability not less than $1,000,000 for bodily injury, including personal injury or death, products liability and property damage. 7.2 The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation coverage. SCFW shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage 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 providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If SCFW's insurance policies are "claims made" or "claims paid", SCFW shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated. SCFW's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. 7.3 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. 8 INDEMNIFICATION. 8.1 SCFW Indemnification. The SCFW agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers 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 or connected with any of the employment agreements contemplated by this Agreement to the extent caused by the negligent acts, errors or omissions of the SCFW, its employees, or agents. 4 AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SAFE CITY FEDERAL WAY 8.2 City Indemnification. The City agrees to indemnify and hold the SCFW, its elected officials, officers, employees, agents, and volunteers 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 City, its employees or agents. 8.3 Survival. The provisions of this Indemnification Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 9 BOOKS AND RECORDS. The records and documents maintained by SCFW with respect to all matters covered by this Agreement shall be subject to audit by the City during the term of this contract and three (3) years after termination. Recordings of surveillance will remain solely in the possession of the City except as required to deter and investigate criminal activities, respond to emergencies, and maintain traffic safety or under the Public Records Act. 10 COMPLIANCE WITH LAWS. Each party accepts responsibility for compliance with federal, state, or local laws and regulations. II NON-DISCRIMINATION. In all contractor services, programs or activities, and all hiring and employment made possible by or resulting from this Agreement, the SCFW shall abide by all federal, state, and local laws prohibiting discrimination. 12 MISCELLANEOUS PROVISIONS. 12.1. 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. 12.2. Records. Any of either Party's records related to any matters covered by this Agreement not otherwise privileged shall be subject to inspection, review, and/or audit by either party at the requesting party's sole expense. 12.3. Amendments. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. 5 AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SAFE CITY FEDERAL WAY 12.4. Severability. If one or more of the clauses of this Agreement is found to be unenforceable, illegal, or contrary to public policy, the Agreement will remain in full force and effect except for the clauses that are unenforceable, illegal, or contrary to public policy. 12.5. Assignment. Neither Party 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. 12.6. 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. 12.7. Dispute Resolution. The Parties should attempt if appropriate use a formal dispute resolution process such as mediation, through an agreed upon mediator and process, if agreement cannot be reached regarding interpretation or implementation of any provision of this Agreement. All costs for mediation services would be divided equally between the Parties. Each jurisdiction would be responsible for the costs of their own legal representation. 12.8. Attorneys' fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement 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. 12.9. No waiver. Failure of either Party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 12.10. Applicable Law. Washington law shall govern the interpretation of this Agreement. King County shall be the venue of any arbitration or lawsuit arising out of this Agreement. 12.11. Authority. Each individual executing this Agreement on behalf of either Party represents and warrants that such individuals are duly authorized to execute and deliver the Agreement on behalf of such Party. 12.12. Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth above in Section 6. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the addresses set forth above in Section 6. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 12.13. Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. 6 AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SAFE CITY FEDERAL WAY 12.14. Equal Opportunity to Draft. The Parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. 12.15. Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 12.16. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof WHEREOF, this Agreement is executed as of the date of mutual execution hereof. THE CITY: CITY OF FEDERAL WAY, a Washington municipal corporation: By: Its: City Manager Dated this _ day of ,2008 ATTEST: City Clerk, Laura Hathaway, CMC APPROVED AS TO FORM: City Attorney, Patricia A Richardson 7 AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SAFE CITY FEDERAL WAY SAFE CITY: SAFE CITY FEDERAL WAY, a nonprofit corporation: By: Its: Authorized Officer Dated this _ day of ,2008 ST ATE OF WASHINGTON) ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of SAFE CITY FEDERAL WAY 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 he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of ~aid corporation. 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:\agreement\Safe Cityagreement 8 AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND SAFE CITY FEDERAL WAY COUNCIL MEETING DATE: June 17,2008 ITEM #:~ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: The purchase and utilization of two 'Dual-Sport motorcycles, by the Police Department. POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department purchase two 'Dual- Sport' motorcycles to enhance public safety and officer presence in and around our City Parks and BP A trail? COMMITTEE: Parks, Recreation, and Public Safety Council Committee MEETING DATE: June 10, 2008 CATEGORY: ~ Consent o City Council Business STAFF REPORT By: STAN Attachments: 1. PRHS&PS Memo 2. Copy of motorcycle data sheet Options Considered: 1. Purchase and Utilize 'Dual-Sport' motorcycles for police patrol in and around City Parks and the BP A Trail. 2. Consider Other Off-Road Utility Vehicle Options. D Ordinance D Resolution D D Public Hearing Other COMMANDER DEPT:Police Department STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL' /l .5 j() '~..r_ J .(/.J..>/~ DIRECTOR ApPROVAL: -l.>. tv./JU/) "Wlf L1 IJ,'f"" Committee Council COMMITTEE RECOMMENDATION: PRPS recommends Option L ROPOSED COUNCIL MOTION: "I move approval of the request by the Police Department to purchase two 'Dual-Sport' motorcycles to enhance public safety and officer presence in and around our City Parks and the BPA Trail. " ~u..t..p-\- ~ '\O,e>-.. -f'R~ ~~ (\A.QT\r''t.Ll~ ~~ (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 # I ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: June 10,2008 Parks, Recreation, HUman!]e: and Public Safety Council Committee Neal J. Beets, City Manag Brian J. Wilson, Chief of Po lce/J..~ .5/'14#5} SUBJECT: Police Patrol - BP A Trail & City Parks - Dual Sport Motorcycles (~f'/,j4 7k1O c.v~vM""oI "7VtA1Y11~ Ih~~~) Back1!round Historically our agency experiences an increase in calls for service in the parks and BP A trail areas during the spring and summer months. In recent years, we have had a number of gang-style incidents in Steel Lake Park during the summer. Officers have had difficulty in some cases responding quickly to these incidents due to the crowds and heavy traffic within and around the parks. We have found that officers assigned to ride motorcycles have better success in responding through heavy vehicular and pedestrian traffic. Regionally, the success of these very maneuverable modes of transportation has resulted in the Seattle Fire Department placing some of their paramedics on motorcycles. The Parks Department and the greater Federal Way community have higher expectations for police officer presence in our parks and trails during periods of higher use by our citizens. We believe we can achieve this, in part, by utilizing 'Dual- Sport' motorcycles. One of the hazards we have identified in using our existing traffic motorcycles, (designed for street use), in the parks and on our trails, is that they are very heavy and offer limited traction on dirt and grass. This results in a decrease in control and ineffective stopping. Due to their size and weight our current Harley Davidson Motorcycles are not very maneuverable on trails and in wooded areas. An effective tool for this type of off-road police patrol is the use of a 'Dual-Sport' Motorcycle. These Dual-Sport vehicles are smaller than the traditional police motorcycle, making them lighter, more maneuverable, potentially safer and 1p.ore effective in patrolling the varied terrain of our parks and trails. We evaluated several makes and models of the 'Dual Sport' style motorcycle, to include the Kawasaki KLR 650, BMW GS650P, Suzuki DR-Z400S and the Suzuki DR-650SE. Based on our evaluation and analysis, we are requesting permission to purchase two Suzuki DR-650SE's. The purpose of the Dual-Sport Motorcycle Program will be to enhance public safety and officer presence in our parks and on trails within the City of Federal Way. I Motorcvcle and Equipment Costs Renton Motorcycle Hinshaw's Motorcycle Company Store Enumclaw Suzuki Vehicle Base Price - $5,289.86 Base Price - $6,153.31 Base Price - $5,914.14 Lights $150.00 $150.00 $150.00 Siren $75.00 $ 7 5.00 $75.00 Installation $280.00 $280.00 $280.00 Graphics $350.00 $350.00 $350.00 Communications $250.00 $250.00 $250.00 Total $6,394.86 $7,258.31 $7,019.14 Dual Sport Motorcycle Costs Suzuki DR-650 SE The Police Department is seeking permission to purchase two Dual-Sport motorcycles to facilitate uniformed officer patrols in and around our City parks and the BP A trails. These two 'Dual-Sport' vehicles would be assigned to and maintained by the Police Traffic Unit. Funds for this purchase would be obtained from our available Replacement Reserve monies. -,L/"'~ JI!iiF<<.fL.~;"~ 2 . SUZUKI 2008 DR650SE MSRP: $5,099.00 Specs: 'Engine: 4-stroke, air-cooled, OHC 'Bore Stroke: 100.0 x 82.0mm 'Compression Ratio: 9.5 : 1 'Fuel System: MIKUNI BST40, single 'Lubrication: Wet sump 'Ignition: Electronic ignition (CDI) 'Starter: Electric 'Transmission: 5-speed constant mesh 'Final Drive: 0.1.0525 V9, 110 links 'Overall Length: 2255 mm (88.8 in), Low seat 2235 mm (88.0 in) 'Overall Width: 865 mm (34.1 in) 'Overall Height: 1195 mm (47.0 in), Low seat 1155mm (45.5 in.) 'Seat Height: 885 mm (34.8 in), Low seat 845 mm (33.0 in.) 'Ground Clearance: 265 mm (10.4 in), Low seat 225 mm (8.9 in.) 'Wheel Base: 1490 mm (58.7 in), Low seat 1475 mm (58.1 in.) 'Dry Weight: 147 kg (324 Ibs) 'Suspension Front: Telescopic, coil spring, oil damped 'Suspension Rear: Link type, coil spring, oil damped 'Brakes Front: Disc brake 'Brakes Rear: Disc brake 'Tires Front: 90/90-21 M/C 54S, tube type 'Tires Rear: 120/90-17 M/C 64S, tube type 'Fuel Tank Capacity: 13.0 L (3.4/2.9 US/Imp gal) 'Color: Black, Blue Chassis Features: 'Adjustable seat height - seat height can be lowered 40mm (1.6 in) with suspension modifications perfonned by a dealer 'Compact & lightweight frame. Use of thin-wall/large 0.0. tubing reduces weight while increasing frame rigidity 'Short wheelbase and low seat height provide nimble DualSport@ perfonnance 'Front fork combines the best features of conventional and inverted designs: Smooth and progressive action. Large diameter, thin-walled tubes reduce unsprung weight while maintaining high rigidity - minimal below-axle extension 'Link-type rear suspension with piggyback-style shock absorber and adjustable compression damping provides stable damping performance 'Lightweight aluminum swingarm 'Large diameter hollow-type wheel axles are lightweight and rigid. Rear axle features welded-on snail cam chain adjuster for simple axle/wheel installation 'Lightweight 290mm diameter front disc brake with 2-piston caliper 'Rear disc brake with lightweight drilled rotor and two piston caliper 'Special design tires with on/off road tread pattern fitted to 21" front and 17" rear wheel 'Full on-road lighting system with bright 55/60 watt halogen headlight 'Frame-mounted luggage rack for additional carrying capacity 'Handlebar-mounted brushguards Engine Features: 'Compact & lightweight SOHC 4-stroke engine tuned for strong low and midrange power and fuel efficiency with a single counterbalancer system 'SCEM (Suzuki Composite Electrochemical Material) plated cylinder is durable, minimizes cylinder size & weight and improves heat dissipation 'Efficient SACS air/oil cooling system with additional piston-jet cooling and engine oil cooler 'Mikuni 40mm "Slingshot" carburetor enhances throttle response and overall engine performance 'Painted stainless-steel exhaust system is light and corrosion-resistant, and tuned specifically for strong low and midrange power 'Wide-ratio 5-speed transmission with O-ring sealed final drive chain 'Electric start with automatic decompression system 'Low-maintenance, digitally controlled DC-CDI ignition system provides accurate ignition timing and more consistent spark at all engine speeds 'Lightweight and compact maintenance-free battery Optional accessories: 'Gel seat 'Skid plate 'Rear rack 'Side stand (for lowered seat height option) COUNCIL MEETING DATE: June 17,2008 mm.-iTEM#;.~.a....--.............................................................. ..............................................._ ...................................................................__.....~_. ...f:....._._...._.._........._........._.._........_....~ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MUSCO SPORTS LIGHTING RETAINAGE RELEASE POLICY QUESTION: Should the City accept the contract with MUSCO Sports Lighting as complete and authorize staff to release their retainage? COMMITTEE: PRHSPS Committee MEETING DATE: June 10, 2008 CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other .~!.A~l.!:.~.~Q~! BX.~!~h.~..~~.!:4?...~~!.~...~._~~~i.!i.!.i~~..M~!l:.'.!g~!.......... ..... .......................__......_.................~~!.!..:_~~~.~........_...._.._........................__..... History: The City contracted with MUSCO Sports Lighting for remote lighting controls for five City Parks in the amount of $48,976.00. MUSCO Sports Lighting has completed all the work within this contract. Prior to the release of retainage on any Public Works project, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Expenditure Summary including tax: $42.609.12 -Budget from One-Time funding $ 6.366.88 - Budget from Parks Contract funding $48,976.00 - Total expenditure $ 2,246.61 - 5% retainage held from the $48,976.00 J\ttachnments:Ni\ Q]!!!~.:r.!~_~.~.:r.!~!.c.I..~!.~.~.:...!.\.~.~.~P!...!.l.?:.~....~~!!.1!.~~!.~.~..~2!P.p!~!~...?!..42...!l::2!.~~.~.~p!.!.t1.~....~2!l::!!.~~~.~~...~.2.1.P.p!.~.!e._........m....__..___._...._....... STAFF RECOMMENDATION: Staff recommends Council accept the contract as complete and authorize staffto release retainage in the amount of $2,246.61 to MUSCO Sports Lighting. to Committee ~ ~ DIRECTOR ApPROVAL: " t I ~ ~~ thn( CITY MANAGER ApPROVAL: COMMITTEE RECOMMENDATION: Forward to full Council on June 17 for approval; the acceptance of the MUSCO Sports Lighting contract as complete an f to release their retainage. PROPOSED COUNCIL MOTION: H] move accept the MUSCO Lighting contract as complete and authorize staff to release retain age in the amount of $2,246.61 to MUSCO Sports Lighting" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ~ . ' COUNCIL MEETING DATE: June 17,2008 ITEM#:~ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amendment to Human Services Commission By-Laws POLICY QUESTION: SHOULD THE CITY OF FEDERAL WAY ACCEPT THE HUMAN SERVICES COMMISSION By- LAWS AMENDMENT? COMMITTEE: PRHSPS MEETING DATE: June 10,2008 CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other STAFF REPORT By: L YNNETIE HYNDEN, HUMAN SERVICES MANAGER DEPT: Community Development __..._........._.............._..._.........._......._........._...._.._................_._............_...........___..._.._............____.__.................._..~.~~~.~~1?~p~~e~!._._m_..___._....._ Attachments: . Memorandum to PRHSPS Council Committee Dated May 22, 2008 . Human Services Commission By-Laws. Options Considered: 1. Recommend approval of the Amendment to the Human Services Commission By-Laws addressing attendance. 2. Do not recommend approval of the Amendment to the Human Services Commission By-Laws addressing attendance. 3. To amend the proposed Amendment to the Human Services Commission By-Laws addressing attendance. STAFF RECOMMENDATION: Option 1 is recommended. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: (#f Committee -@- COMMITTEE RECOMMENDATION: "I MOVE TO APPROVE OPTION ~ " ~ Committee Chair PROPOSED COUNCIL MOTION: "I move approval of option _" (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 # Memorandum TO: VIA: FROM: DATE: RE: PRHSPS Council Committee Cary Roe, Assistant City Manager Lynnette Hynden, Human Services Manager May 22, 2008 Amendment to the Human Services Commission Bylaws Background: This year during the Human Services Commission's Annual Retreat on April 21, 2008 a discussion regarding commissioner attendance and whether the current Bylaws of the Commission meets the needs ofthe increased demand for attendance at meetings as well as does the Bylaws as currently written are clear. The decision was that further clarification needed to occur and that the Bylaws needed to be amended. Currently the Bylaws read: 8. Attendance a. A commissioner may be excused from a meeting by providing advance notice to the commission chair, vice-chair or secretary. b. In the event that any commissioner has unexcused absences from three or more meetings held during any calendar year, the commission may request that the City Council appoint a replacement for that member. Option I: To adopt the following changes to subsection 8 "Attendance" ofthe Human Services Commission Bylaws: 8. Attendance a. If a commissioner misses three meetings (excused or unexcused) in a consecutive 12-month period, the Human Services Manager will notify the Chair. b. The Chair, once notified by the Human Services Manager of a commissioner's absences, will have a conversation with said commissioner to check in with them and assess their commitment and capacity to serve. c. The Chair may bring the results of that conversation back to the Commission and the Commission may decide whether to recommend continued participation by said commissioner. d. If the Commission recommends that said commissioner is to be replaced, then they will make that recommendation to the City Council and request a replacement be appointed. Ootion 2: To not recommend amending the Bylaws ofthe Human Services Commission that was adopted in 1990. Ootion 3: To amend the current Bylaws ofthe Human Services Commission that was adopted in 1990 by proposing other language. Staff Recommendation Option I: Adopt new language that addresses the concerns expressed by commissioner at the 2008 retreat regarding attendance. Human Services Commission Recommendation On May 19, 2008 the Human Services Commission approved staff recommendations and adopted the new language from Option I which amends their By-Laws under subsection 8 "Attendance." BYLAWS OF THE HUMAN SERVICES COMMISSION We, the members of the Federal ",!ay Human Services Commission, pursuant to Ordinance No. 90-72 ,adopted on AUQust 7. 1990 by the Federal Way City 'Council, do hereby adopt the following BYLAWS. . ORGANIZATION AND RULES OF PROCEDURE 1. The official name is the City of Federal Way Human Services Commission. 2. The official seat of the commission is the City Hall of the City of Federal Way. 3. The officers of the commission shall consist of a chairperson and a vice- chairperson. Their duties are: a. The.chairperson shall preside over the commission and exercise all the powers incidental to the office, retaining, however, the full right as a member of the commission to have a vote recorded in all deliberations of the commission, to propose motions and to second motions. b. The vice-chairperson shall, in the absence of the chairperson from any . meeting, perform all the duties incumbent upon the chairperson, and retain the full right as a me.mber of the commission to have a vote recorded in all deliberations of the commission, to propose motions and to second motions. c. The chairperson and vice-chairperson both being absent from any meeting, the members present may elect a temporary chairperson who shall have full powers as chairperson during the absence of-the chairperson and vice-chairperson retaining the full right as a member of the commission to have a vote recorded in all deliberations of the commission. to propose motions and to second motions. d. Officers shall be elected at the first meeting of the calendar year. e. Officers shall hold office for one year. 4. Quorum A quorum shall consist of five (5). members of the Human Services Commission. " , 5. Voting When a quorum is present, a simple majority vote shall suffice for all action. 6. Conflict of Interest a. . Any commissioner having a direct or indirect interest in or-who would benefit from any matter shall disclose this interest and shall, if deemed appropriate by that commissioner or required by law, refrain from participating or voting on the matter at hand. 7. Meetinas The commission shall meet the third Monday of each month. ~t 5:30 p.m. Additional meetings may be held. upon. call of t~e chairperson, ,as necessary. 8. Attendance a. A commissioner may be excused from a meeting by providing advance notice to the commission .chair, vice-chair or secretary. b. . hi the event any commissioner has unexcused absences from three or more meetings held during any calendar year, the commission may request that the City Council appoint a replacement for that member. 9. Conduct of Meetinas a. If a hearing is ~eing conducted, motions shall be made, seconded and voted upon. Recommendations shall be forwarded to the City Council. b. If a workshop is being conducted, formal action is not necessary; workshop actions will not be fo.rwarded to the City Council as recommendations of the commission. c. In the event a quorum.is not present, a minimum of four members must be . present to hold a meeting for discussion purposes only. Voting cannot take place at such a meeting. d. Except as provided by these rules and,procedures, Roberts Rules of Order (as amended) shall govern the conduct of all commission meetings. 10. Aaendas. Staff Reports and Minutes a. A copy of the agenda for all Human Services Commission meetings shall be sent to each commission member prior to the date of the mee~ing. , ,. . b. . The staff will provide necessary staff reports. They shall be sent to commission members prior to the date of the meeting. c. Minutes of all commission meetings shall be kept and made a part of a permanent record. . 11. Amending Bvlaws These bylaws may be amended by majority voting at any Human Services Commission meeting when a quorum is in attendance. COUNCIL MEETING DATE: June 17,2008 ITEM#:~ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RECOMMENDATIONS ON 2007 AND 2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS POLICY QUESTION: Should the 2007 Community Development Block Grant (CDBG) allocation of$107,853 to the Multi-Service Center Employment by an Eligible Community Based Development Organization (CBDO) be canceled and funds reallocated per the 2007 CDBG Contingency Plan? Should the unallocated CDBG capital funds in the amount of $58,634 also be allocated per the 2008 CDBG Contingency Plan? COMMITTEE: PRHS&PS MEETING DATE: June 10,2008 CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other ~.!~~~..~!_Q.~!...~Y..:....!5.~!.!~...Q:'.Q9..~~.!!.~Q~Q C9.9.!4.~!!~!9.E DEPT: Community Development Attachments: · Recommendations from May 19, 2008, Human Services Commission meeting with staff reports dated May 12, 2008 with attachments and information on three proposals under consideration (original 2008 CDBG Applications for King County Housing Authority and Korean Women's Association available for review in May 19,2008 Human Services Commission agenda packet. · Notice of Project Cancellation & Allocation/Reallocation ofCDBG Funds. Options Considered: 1. Cancel and reallocate the 2007 CDBG award for project C06578, in the amount of$107,853 to the Multi- Service Center Employment by an Eligible Community Based Development Organization (CBDO); and, allocate the $58,634 in unallocated 2008 CDBG Capital funds to open CDBG capital projects serving Federal Way per the 2007 and 2008 Contingency Plans. And further to authorize the City Manager, or his , designee, to enter into the appropriate agreement(s) for the addition of these funds to existing capital ~""\\ ~(...) \ projects. To be forwarded to the Park!>, Recr.eitiQD, lbUIU1D Seryicp~, aDd Pyblie Safdy Comnlitt~ for consideration by the full Council at the June 17,2008, meeting. 2. Cancel the 2007 CDBG award for project C06578, in the amount of $1 07,853 to the Multi-Service Center Employment by an Eligible Community Based Development Organization (CBDO); and, designate the $107,853 available as unallocated 2008 CDBG Capital funds to be allocated as part of the 2009 process. The Human Services Commission recommended Option I be forwarded to the City Council for consideration with $100,000 allocated to the Korean Women's Association Project and the remaining $66,487 allocated to the !5.~!!g_..g9..':1..1.?:!y'H()..':1..~il!K.~~Q!3.:.i.!...~!.?~~_~i.!h...f.!:l:!!4.~..4.~~.i@!3.:!~4..!9...!~.~..~~~.!~Y..~Y5~?~~!l_I!.i.~~...__..................--.................---........--..-..-... STAFF RECOMMENDATION: Cancel and reallocate the 2007 CDBG award for project C06578, in the amount of $107,853 to the Multi-Service Center Employment by an Eligible Community Based Development Organization (CBDO); and, allocate the $58,634 in unallocated 2008 CDBG Capital funds to the following open CDBG capital projects serving Federal Way per the 2007 and 2008 Contingency Plans: $100,000 allocated to the Korean Women's Association Project and the remaining $66,487 allocated to the King County Housing Repair Program with funds designated to the Westway community. And further to authorize the City Manager, or his designee, to enter into the appropriate agreement(s) for the addition of these funds to existing capital projects. To be forwarded to the -P;?1"Jrc, ~ ~ct:eatiQD, lbnu.aA ~=v i.\,;\:<>>, Mld Paeli. ~af@~' C8ffili'.1.j~ consideration by the full Council at the June 17, 2008, meeting. -\-k -fv-. \ \ Co,^-V'-c.:., \ CITY MANAGER ApPROVAL: DIRECTOR APPROVAL: &I? Committee COMMITTEE RECOMMENDATION: I move approval of option L. PROPOSED COUNCIL MOTION: HI move approval of option _ . " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordjnances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ~ CITYOF ~. Federal Way MEMORANDUM DATE: TO: FROM: SUBJECT: May 12, 2008 Human Services Commission ~ W Kelli O'Donnell, CDBG Coordinatorcl'./f Cancel the 2007 Multi-Service Center Employment Project (C06578) and Reallocate 2007 Capital Funds and Unallocated 2008 CDBG Capital Funds Policv Question: Should the 2007 Community Development Block Grant (CDBG) allocation of $107,853 to the Multi-Service Center Employment by an Eligible Community Based Development Organization (CBDO) be.canceled and funds reallocated per the 2007 CDBG Contingency Plan? Should the unallocated CDBG capital funds in the amount of $58,634 also be allocated per the 2008 CDBG Contingency Plan? Backaround: The City of Federal Way allocated $107,853 of 2007 CDBG funds to the Multi-Service Center Employment by an Eligible Community Based Development Organization (CBDO) project and an additional $83,005 in 2008 CDBG capital funds. In September of 2006, The Department of Housing and Urban Development (HUD) audited the King County CDBG program and noted a concern regarding the eligibility of this project. The project was placed on hold until the concern could be addressed between HUD and King County. It has been determined that the project is ineligible per CDBG regulations and program rules (Attachment 1). Per the attached excerpts of 2007 Conditions of Funding and Contingency Plan (Attachment 2), the project should be canceled as all projects must comply with CDBG program regulations and the $107,853 may be reallocated to open CDBG projects serving Federal Way residents that have been funded by the City of Federal Way and/or the CDBG/HOME Consortium. The funds allocated to this program from the 2008 CDBG Program were reprogrammed based upon the adopted Conditions of Funding and Contingency Plan (Attachment 3) leaving $58,634 in unallocated 2008 CDBG funds that may also be reallocated to open COBG projects. If the Commission and Council concur with the cancellation of the project and reallocation/allocation of $166,487 in available 2007 and 2008 COBG funds to an open CDBG capital project, a public notice will be published and written public comment requested prior to final Council action. Any comments received may be brought back to the Human Services Commission at the June 16 regular meeting for consideration prior to final action at the June 17 City Council meeting. Open CDBG Capital Proiects: As outlined in Attachment 4, the following COBG Capital projects are open and could utilize the available funding: 1. King County Housing Authority - Kings Court Community Building 2. Korean Women's Association - Acquisition of Senior Housing 3. King County Housing Repair Program - Funds designated to the Westway neighborhood housing rehabilitation by Habitat for Humanity Page 1 of2 ~-l As demonstrated by the project information in Attachment 4, all. three of the above projects would provide needed funds to a project benefiting low- and moderate-income Federal Way residents. Under the current agreement with King County, Federal Way may designate the available funds to one of the above projects or divide it among the three. Proposed Motion: Cancel the 2007 CDBG award for project C06578, in the amount of $107,853 to the Multi- Service Center Employment by an Eligible Community Based Development Organization (CBDO); and, allocate the $58,634 in unallocated 2008 CDBG Capital funds to: an open CDBG project serving Federal Way per the 2007 and 2008 Contingency Plans. And further to authorize the City Manager, or his designee, to enter into the appropriate agreement(s) for the addition of this project. To be forwarded to the Parks, Recreation, Human Services, and Public Safety Committee for consideration by the full Council at the June 17, 2008, meeting. Please contact me at (253) 835-2653 or kellio@fedway.org if you have any questions regarding this item. Page 2 of2 S{-Z- . Attachment 1 Pbiision !lily Development and Human Services ty , I stated, in part:. II {~l-iServiceCeI.i:ter eib~te;w~:Iiu ~ligible Community E~~f with the regional HUD om :hies must sunportand lJe;c that :selYices ~pr<!lect, for a g-3 pjni Dqe10s h 19,2:00&. e2of2 $5-1 t t ( ~ t i , Ii' 1: ~; I; 11 I. t t j I r I: ~: .~ ~ g ~ ~ 1t ~ il I J Adopted 09/05/06 I Attachment 2 2007 CDBG ALLOCATIONS PROCESS Funding Conditions for Capital Projects and Public Service Projects All 2007 COBG Projects 1. All CDBG projects are subject to the federal environmental review requirements of the National Environmental Policy Act (NEPA) as of the date of submittal of application. An environmental review of Federal Way-awarded CDBG projects must be completed by King County before contracts will commence. Costs of the NEPA review will be charged to the CDBG project. 2. ~ All projects must comply with Community Development Block Grant Program Regulations (24 CFR Part 570) and applicable King County Consortium policies as outlined in the King County Consortium Consolidated Housing & Community Development Plan for 2005-2009, as amended. 3. All CDBG projects shall comply with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now exist or hereafter adopted or amended including land use and/or building permit requirements and processes. Federal Way 2007 COBG Capital Projects All 2007 COBG Capital Proiects 1. Federal Way 2007 CDBG Capital Projects will contract with the King County Department of Community and Human Services unless otherwise notified. 2. Federal Way 2007 CDBG Capital Projects must be completed within 17 months from the beginning of the program year that funds are awarded unless an earlier date is stated below and/or the Joint Recommendation Committee extends the project with input from the City of Federal Way. This policy may be amended by the Joint Recommendation Committee. 3. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended ("URA") and/or Section 1 04(d) of the Housing and Community Development Act of 1974, as amended ("Barney Frank Amendment") that are triggered by any project must be included in the budget. Relocation requirements must be coordinated and verified with King County Relocation Specialist. 4. Applicant must receive written notification from King County Community Services Division staff verifying that environmental review is complete before any "choice fimiting activities" are taken. King County staff must be notified by the applicant if any changes are made to the scope of the project since the 2007 COBG application was submitted. 5. CDBG capital awards over $25,000 are structured as a zero interest forgivable loan for a set number of years depending on the amount of COBG funds received and the type of Page 1 of 5 y-G Adopted 09/05/06 CITY OF FEDERAL WAY 2007 CDBG CONTINGENCY PLAN q SHOULD THE GRANT AMOUNT INCREASE OR ADDITIONAL FUNDS BECOME AVAILABLE: Capital Projects - The City will apply any increase in the amount of COSG capital funds as follows: 1. If additional capital funds are received, funds will be added to 2007 capital projects up to the full request. Projects to be determined based upon determination of sub-regional capital projects and City of Federal Way stand-alone projects in the above priority order. q 2. If additional capital funds are received, open COSG projects serving Federal Way residents that have been funded by the City of Federal Way and/or the King County CDBG/HOME Consortium will be considered for funding. 3. Should no open projects be identified and/or the Council decides it is not in the best interest of Federal Way residents to add Federal Way COSG funds to the project(s), additional funds will be carried over to the 2008 COBG program year. Public Service Programs - The City will apply any increase in the amount of COBG public service funds as follows: 1. If any additional public service funds become available, funds will be allocated to Orion Rehabilitation Services Program with additional service units required proportionate to funding up to $11,000 total funding; and, .. 2. If any additional public service funds become available after the first contingency is fully funded, the Human Services Commission will reconsider allocation of additional public service funds for recommendation to the City Council with public participation. Planning and Administration - The City will apply any increase in the amount of COBG planning and administration funds as follows: 1. Any additional funds for planning and administration activities will be allocated to Planning and Administration to cover administrative costs for Federal Way's COBG program; and 2. Additional funds not needed for administration of Federal Way's COBG program will be applied toward the costs of additional planning activities consistent with the King County Consortium Consolidated Housing and Community Oevelopment Plan; and 3. Additional funds received not needed for planning and administration activities will be allocated to capital projects in accordance with the priority order listed above. Page 2 00 Adopted 09/04/07 . Attachment 3 CITY OF FEDERAL WAY 2008 CDBG CONTINGENCY PLAN 5. Boys & Girls Clubs of King County - Federal Way Boys & Girls Club Classroom Expansion (Alternate Project 3): Funded in the amount of $85,248 contingent upon: · The above capital projects not being feasible and/or being funded as sub-regional projects resulting in only one Federal Way stand-alone capital project that does not trigger Oavis- Bacon being funded; then, · Second Federal Way stand-alone project that does trigger Davis-Bacon if above met. SHOULD THE GRANT AMOUNT INCREASE OR ADDITIONAL FUNDS BECOME AVAILABLE: Capital Projects - The City will apply any increase in the amount of CDSG capital funds as follows: 1. If additional capital funds are received, funds will be added to 2008 capital projects up to the full request. Projects to be determined based upon determination of sub-regional capital projects and City of Federal Way stand-alone projects in the above priority order. 2. If additional capital funds are received, open CDSG projects serving Federal Way residents ~ that have been funded by the City of Federal Way and/or the King County CDSG/HOME --7 Consortium will be considered for funding. 3. Should no open projects be identified and/or the Council decides it is not in the best interest of Federal Way residents to add Federal Way COSG funds to the project(s), additional funds will be carried over to the 2009 COSG program year. Public Service Programs - The City will apply any increase in the amount of CDSG public service funds as follows: 1. If any additional public service funds become available, funds will be allocated to Orion Rehabilitation Services Program with additional service units required proportionate to funding up to $11 ,QOO total funding; and, 2. If any additional public service funds become available after the first contingency is fully funded, the Human Services Commission will reconsider allocation of additional public service funds for recommendation to the City Council with public participation. Planning and Administration - The City will apply any increase in the amount of COSG planning and administration funds as follows: 1. Any additional funds for planning and administration activities will be allocated to Planning and Administration to cover administrative costs for Federal Way's CDSG program; and 2. Additional funds not needed for administration of Federal Way's COBG program will be applied toward the costs of additional planning activities consistent with the King County Consortium Consolidated Housing and Community Development Plan; and 3. Additional funds received not needed for planning and administration activities will be allocated to capital projects in accordance with the priority order listed above. SHOULD THE GRANT AMOUNT DECREASE: Capital Projects - The City will decrease the amount of COSG funds allocated for capital projects as follows: 1. Any unallocated capital funds available will be decreased before reductions are made to specific projects. Page 2 of3 (j-7 Adopted 09/04/07 project. The property owner must be able and willing to secure the change of use restriction with a promissory note, deed of trust and any other required documents to King County. All security documents related to funded capital project activities must be submitted prior to the execution of a contract between the awarded agency and the County in order to incorporate these documents into the contractual agreement. Failure to execute security documents to the benefit of King County in a timely manner will result in the cancellation of CDBG awards. The following specific condition(s) address concerns that Staff and the Commission discussed as they reviewed the applications. King County Housing Authority - Kings Court Community Building Renovation Project: a) King County environmental review costs have been factored into the project cost. Estimated costs will be requested from King County. The City may choose to incrE)ase an award to cover environmental review costs or have environmental review costs deducted from the requested funding level if they are higher than budgeted. b) Final estimates for installation of the generator must be approved and the generator must be an integral part of the building (not portable) to receive CDBG funding. c) Commitment of $140,000 of King County Housing Authority funds must be utilized prior to COSG funds being utilized. Multi-Service Center - Employee Development Services Project: a) The final award amount may be adjusted based upon the amount of the 2007 CDBG award funds remaining that will be applied to the 2008 fund year. b) Service units and units of service may be adjusted based upon the amount of 2008 funding awarded and refinement of the program service and unit costs definitions. .::?t cJ 2008 awards are contingent upon successful implementation of the Multi-Service Center's 2007 CDBG Contract for the Employee Development Program and progress as of the contract date. d) The Multi-Service Center will continue to insure that participants in the Employee Development Services Project are not receiving duplicative services from other agencies such as the Washington State Employment Security, the Department of Social and Health Services, and/or other programs. Clients eligible for similar employment services through another program will not be included in the project funded by the City of Federal Way. e) Services charged to this program must be offered in Federal Way to Federal Way residents. f) The Multi-Service Center will continue outreach to ensure that the program is offered to Federal Way residents that are currently under-employed to assist residents in progressing . toward a family wage job. Page 2 of 5 </_9' COMMUNITY DEVELOPMENT BLOCK GRANT Attachment 4 KING COUNTY MANAGED PROJECTS Open Projects April 2008 Program Total Ending Description Grant Award Balance 2007 FUSION - Acquisition 175,000 35,171 2nd Condo purchase in process; cost reduced due to foreclosure; may not need all of existing allocation Boys & Girls Clubs of KC - Roof Replacement 100,106 100,106 Project Complete as of April 9, 2008 Total 2007 $275,106 $135,277 2008 King County Housing Authority - Kings Court Community Bldg 120,000 120,000 See Attached. Korean Women's Association - Acq&Dev Sr Hsg & Community Facility 157,335 157,335 See Attached. King County Home Repair Program 193,605 193,605 See Attached. Total 2008 $470,940 $470,940 Total Projects Managed by KC $746,046 $606,217 I Open Project Review KC Managed Projects w Balance 2008.xls kc managed projects 5/12/2008 10:28 AM <;{-1 Open Project Review KC Managed Projects w Balance 2008.xls kc managed projects 5/12/2008 10:28 AM 1. King County Housing Authority - Kings Court Community Building <;I-tO 1(5/8/2008) Kelli ODonn~,I~ - FW~w!:5!,!:,gsCO~!:LCClrb'"!l!:'.rillY.Cent~:t.~"C!~monProject ___~_____~_~w____...._ Page-=.J From: To: Date: Subject: Attachments: "Steven Fisher" <StevenF@kcha.org> "Kelli ODonnell" <KeIlLODonnell@cityoffederalway.com> 5/8/2008 3:26 PM FW: Kings Court Community Center Addition Project 20146.pdf Kelli, I hope this helps you in determining if the extra funding can be utilized by KCHA. Attached is the updated budget for the Kings Court Community Center Addition project. The total Project Cost is increased to $410,681 from the original cost estimate of $240,000. We definitely want to apply for the additional funds from the City of Federal Way to pay for the additional cost for this project. The ongoing budget cuts at the federal level, along with a decrease in public housing units under Hope VI have significantly decreased the amount of capital fund over the past five years. Capital Fund for 2001 was approximately $7M. The projected 2008 Capital Fund amount is approximately $4.7M. The projection for future years (beyond FFY09) reduces the amount to approximately $3.8M per year. There is a proposed 17% FFY09 cut in capital fund. KCHA currently has leveraged a portion of the capital fund and has entered into tax credit agreements to complete major renovation projects that otherwise could not be completed using capital fund grants alone. KCHA has approximately $75M in capital work needed over the next 10 years with an estimated capital grant amount of less than $40M during that period. I have a call into Kathy about the "change of use restrictions" issue. Will let you know. Steve Fisher (206) 333-1737 <? -l ( Cost Estimate: For each cost item, explain the basis for the cost and when the estimate was made. Also identify who made the estimates. Acquisition Purchase Price Liens Closing Costs Extension Payments Other Acquisition Costs Total Acquisition Construction Basic Construction Contract Bond Premium Infrastructure Improvement Hazardous Abatement/Monitoring. Construction Contingency _% Sales Taxes_% Other: Other: Total Construction Development Appraisals Architect/Engineer Environmental Assessment Geotechnical Study Boundary & Topographic SurveY Legal Developer Fee _% Project Management _% Technical Assistance Other Consultants: Other: Total Development Other Development Real Estate Tax Insurance Relocation Bidding Costs Permits,. Fees & Hookups Impact/Mitigation Fees Marketing/Leasing Expenses Operating Reserves Other: Total Other Development Total Cost Revised Cost o $210,000 Included 364/700 . Included 210000 3~ 700 (8//) Pt</CO) 20000' 100U f1 3Z. &JDO 5500 60DO 26500 , 38/000 ~ 500 3000 3500 ; 79i / lJ/fIq 6~J Total Project Cost 240000 Insert Completed Worksheet in COSG Capital Application hi response to Question 21 for all projects. ~- (2-- 2. Korean Women's Association - Acquisition of Senior Housing ~- y 2- Page I or I Kelli ODonnell- KW A CDBG Response From: To: Date: Subject: CC: Attachments: "Shirley Bekins" <shirleyb@commongroundwa.org> "Kelli ODonnell" <Kelli.ODonnell@cityoffederaIway.com> 5/9/2008 2: 15 PM KW A CDBG Response "Lua Pritchart" <luaprkwa@nwlink.com> FW CDBG May update budget.xIs; FW CDBG questions 2008.doc; KW A_ OMMITMENTS.pdf Kelli, please find attached three documents to assist you as you allocate additional CDBG funds. Please let me know if I can clarify or provide further information. I will be out of the office after 3pm today but you can email me. I will be back in the office on Monday. The project, like almost all construction projects these days, has seen significant increased cost especially for construction. We were actually looking for more funds so your email is very welcome news. Please let us know how it goes. Thanks. Shirley and lua y-i3 f e c e e g ef c e g e g e Korean Women's Association City of Federal Way CDBG I. How the additional funds would be used. If City of Federal Way allocated additional funds to this project, it would be used to supplement the existing award of$157,335, and be allocated toward acquisition of the project site. Total residential acquisition costs are $628,408 with approximately $317,335 from FW CDBG and the remaining $311,073 from King County. Also, at the request ofFW, we have simplified the allocation by allocating all FW CDBG funds to the housing portion of the project. Please let us know if this continues to be the preference. 2. An updated budget and project timeline. Please see attached. We've included the following notes to the budget: Budget: The overall budget has increased since the award/application. Currently, the budget is $18,951,168 for the total combined project. The housing project is $18,246,340 and the Community Facility is $704,828. At the time ofFW CDBG application it was $15,704,292 with $15,135,646 for housing and $586,646 for the Community Facility. The cost increase is mainly due to increases in construction cost as we have moved from conceptual design and estimates to actual contractor estimates with input from suppliers and subcontractors. There has been an increase in development and other professional fees due to moving from estimates to actual costs and firmer costs. This includes increases in fees for construction interest, utility hookup fees, and reserves. Sources of Housing Funding: o King County, $1,500,000 committed o State HTF, $2,000,000 pending award by June 20 o HUD 202, $7,855,580, committed, unchanged o LIHTC Tax Credit Equity, $5,600,467 (Tax credit allocation committed through noncompetitive allocation due to award of $11.3 million in tax exempt bonds 9'" - t.f t( through Washington State Housing Finance Commission; actual equity pricing will only be obtained from bidding project to tax credit investors) o Enterprise, $55,000, will apply in May 2008 o New source: HUD Section 202 Predevelopment Grant. This is a source only available to funded HUD 202 projects. The RFP was announced in February 2008. KW A applied for the maximum amount, $400,000. It is anticipated that we will obtain these funds, as KW A was successful in the past with getting this award. o KW A, $340,730, committed from its own developer fee o City of FW, $177,228, waived permit fees, committed o City ofFW CDBG, $317,335, to demonstrate use of the potential increase we changed the CDBG amount by increasing it by $160,000. IfFW did not award this additional amount, KW A would need to fundraise for these funds. Sources of Community Facility Funding o KW A, $403,348, committed. KW A Developer fee and pending Gates Foundation o King County CDBG, $301,480 apply May 30, 2008 Proiect Timeline The project timeline is as follows: Acquisition Projects: Environmental Review complete: HUn NEP A environmental review complete as of 10/07; King County currently conducting environmental review Purchase and Sale executed 5/6/07 - unchanged Appraisal complete 7/15/07 - unchanged Building inspection complete - not applicable Hazardous Material Assessment complete - not applicable Property Acquisition 10/15/08 - changed from 9/1/08 to current estimated date of property acquisition and closing <r-t.( S- FW CDBG funds disbursed 10/15/08 3. Any additional information on the project that has changed since it was funded by Federal Way. See above budget and timeline for those changes since funded by Federal Way. The following is an update on other project matters since funding: 1. The square footage of the proposed building has become more efficient and is currently 66,630 sf vs. 78,220 sf. The same number of residential units will be built, or 62 units. The Community Facility is now 3,000 sfvs. 2,475 sf in the application. 2. Leverage: As the project has increased in cost, we also have different sources of committed funding, as the development budget describes. 3. Target population: KW A will serve elderly and elderly disabled. However, there is no formal tax-credit or bond set aside to serve disabled seniors. 4. As the budget has increased, so too has unit cost. 5. All other application materials have remained the same. 6. The project architect submitted the project land use application which is pending with the City of Federal Way. The architect will submit the permit application on May 28, 2008. 7. KW A has attached the following commitment letters (Submitted to State Housing. Trust Fund application in March 2008 to substantiate its commitment to the project.) ~-y, FORM 1 Project Summary PROJECT APPLICANT Organization Name: Korean Women's Association Organization Address: 123 E. 96th Street City and Zip Code: Tacoma, WA 98445-2001 County: Pierce Executive Director: Faaluaina (Lua) Pritchard Email: luaprkwa@nwlink.com Phone: 1(253) 538-8340 Fax: I (253) 535-4827 Agency Project Contact Lua Pritchard Email: luaprkwa@nwlink.com Phone: (253) 538-8340 Fax: I (253) 535-4827 Development Consultant Shirley Bekins Email: shirlevb@commonaroundwa. Phone: 1(206)461-4500,x123 Fax: (206) 461-3871 Unified Business Identifier: 601-057-073 Federal Tax ID Number: 91-1066806 First Time Applicant? I Yes Ix I No (If yes, see list of required attachments at end of Form 1) ORGANIZATION TYPE (check only one; see Section 202.1 of the Housing Trust Fund Guideline and Procedure Handbook) D D X D D BRIEF NARRATIVE PROJECT DESCRIPTION (Limit response to the space below) The KWA Senior TOO Project is a mixed use, transit oriented development (TOO) project, combining 62-units of low income housing for seniors earning up to 50% of King County median income, with 3,000 sq feet of social service offices for Korean Women's Association Federal Way/South King County. The project will be constructed in one new construction building of 66,630 sf. The project will provide an array of supportive services to assist seniors maintain their independence. The project will be located adjacent to the Sound Transit Federal Way Transit Center, in downtown Federal Way. The $18 million project will be funded by the HUD Section 202 Program, 4% Low income Housing Tax credit equity and tax exempt bond financing, King County, State Housing Trust Fund, City of Federal Way CDBG, King County CDBG, Green Communities and Korean Women's Association. FORM 1 Project Summary PROJECT NAME Project Name: Project Address: City: KWA Senior TOO Project comer of 316th Street and 23rd Avenue South Federal Way Count King y: Zip code: 98003 Project tax parcel #: State Legislative District: Federal Congressional 921049299 30 9 PROJECT INFORMATION For Existing Housing Only (check one) : o Privately Owned o Publicly Owned o Owned by Applicant o Other (please specify) Project Activity Type (check all that apply; see Section 202.2 and Section 202.3 of the Housing Trust Fund Guideline and procedure Handbook): o Acquisition o Rehabilitation o Rehab or Adaptive Reuse of an Existing Building (not currently res) o Redevelopment x New Construction o HUD/USDA Preservation o Expiring Tax Credit Property x Mixed Use - housing and 3,000 community facility o Other (please specify) FORM 1 Project Summary POPULATION(S) TO BE SERVED General General Senior Farmworkers ~Jlec:i~1 f1If!!!tijJiolt 1 61 o 1 61 o mbers below area subset of total unitsabo . edunitsto be designatedlorSpecial Needs PQ HIV/AIDS Domestic Substance Chronically Multiple special (explain: Physically Youth under 18 Youth 18-24 o o o o o o FORM 1 Project Summary Frail Veteran Other (please o o o PROPOSED NUMBER OF UNITS/BEDS BY BEDROOM SIZE AND AFFORDABILlTY o o o up to 50% PRAC 61 61 not restricted/resident NA 1 1 manager's unit 0 0 0 Total 61 1 0 0 0 0 62 PERMANENT CAPITAL FUNDING SOURCES AND TOTAL DEVELOPMENT COST WA State Housing Trust Fund (HTF) WA State HTF Set-Aside (specify) WA State CDBG Housing King County HFP HUD Section 202 $1,500,000 $7,855,580 $2,000,000 $0 $0 $1,500,000 $7,855,580 FORM 1 Project Summary HUD Section 202 Demo Predev Grt 4% L1HTC Federal Way CDBG Green Communities Korean Women's Association Federal Wa Total Residential Development $400,000 $160,000 $55,000 $5,600,467 $157,335 $400,000 $5,600,467 $317,335 $55,000 $340,730 $177,228 $18,246,340 $2,615,000 $340,730 $177,228 $15,631,340 $403,348 $301,480 $403,348 $0 $704,828 Total Non-Residential $301,480 $403,348 ANNUAL OPERATING SUBSIDY SOURCES HUD Section 202 Project Rental Other Other Other Total Annual Operating Subsidy $245,600 $0 $0 $0 $0 $245,600 $0 $0 $0 $245,600 $0 $245,600 *HUD PRAC will provide rental subsidies up to 75% of HUD Operating Cost Standards for this Total rental revenues on Form 12 include Tenant FORM 1 Project Summary 1; Ol " ::I In .. c CD ~ E COg. eo; o il: 1<.0 ii ~ c CD " ii CD 0:: 1 l;) .. ~ ~ ... ; ~ s ~ ~ 6 '" '" 1~ ! .. g :fi:. .. !I~ ~ ~ ~ ~. .. .. .,. c31~1 ~I" ~ I~ ~! ~ I I I I I I ~ c: .~ ~Q. i. ! &~ ~.t ~ 8 f &! .. .. 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", ~ ;0 .. :~ ~~ ..", .. !2 .~ io;; a ! I a; '" " ::I In C ., E Co o Ii a; o ii ~ ., " '; a: J: co E o I<. Acquisition Costs: Purchase Price Liens Closing, Tdle & Recording Costs Extension payment Other: SUBTOTAL Construction: Basic Construction Contract Bond Premium Infrastructure Improvements Hazardous Abate. & Monttoring Construction Contingency Sales Taxes Other Construction Costs: Other Construction Costs: SUBTOTAL Development: Appraisal ArchttectlEngineer Environmental Assessment (Ph 1) Geotechnical Study Boundary & Topographic Survey Legal Developer Fee Project Management Technical Assistance Other Consuftants: Inspections Other: Bidder design Other: Biological Assessment Other: Traffic Study SUBTOTAL Other Development: Real Estate Tax Insurance Relocation Bidding Costs Permits, Fees & Hookups ImpactlMttigation Fees Development Period Utiltties Construction Loan Fees Construction Interest Other Loan Fees (Impact Capital, State HTF, etc.) L1HTC Fees Accounting/Audtt Marketing/Leasing Expenses Carrying Costs at Rent up Operating Reserves Bond Issuance Fees 10.0% SUBTOTAL I Total Non-Residential Cost: Form SB-Non-Residential Development Budget Form 8B Non-Residential Development Budget KWA $27,900 $2,746 $30,646 $0 $269,194 $253,558 $26,919 $23,958 $25,356 $22,567 $320,072 $301,480 $35,930 $450 $209 $450 $4,650 $2,007 $43,696 $0 n: ...... n$OI ....... It''U i... .i... ....: .... ............. . ......< ........ ............. in :? $2,543 .i. $1,741 ..n < ........... ...... ..<.... ... .......... ........ ........ n. ...... <.i.................... ...: ......~ $4,650 ............ $8,934 $0 $704,828 I $403,348 I $301,480 I Residential Development Budget Narrative Acquisition Costs: Purchase Price liens Closing, Title & Recording Costs Extension payment Total Construction Basic ConstnJction Contract Bond Premium Infrastructure Improvements Hazardous Abate. & Mon~oring Construction Contingency (10%) Sales Taxes Other ConstnJction Costs: Total Development: Appraisal ArchRectlEngineer Environmental Assessment Geotechnical Study Boundary & Topographic Survey legal Developer Fee Project Management Other: Consultants Inspections Other Consultants: Bidder design Other: market study Other: Biological Assessment Other:Traffic study Other Development: Real Estate Tax Insurance Relocation Bidding Costs Permits, Fees & Hookups ImpactlM~igation Fees Development Period Util~ies Construction loan Fees Construction Interest Other loan Fees (Impact Capital, State HTF, etc. L1HTC Fees AccountinglAud~ Marketinglleasing Expenses Carrying Costs at Rent up Operating Reserves Bond Fees L1HTC Compliance Fee Reserve 95.35% res. Allocation/$48,OOO estimated record in 1$11,054 excise tax 1.78% escalated 3.5% ac cost estimate, 3/5/08 $11,871,808 less $269,194 Commercial shell costs included in base contract 10/1/06 8uilders Risk included in construction contract waived perm~ fees;utility hooku s/storm detention fee;8I07 app and Inti Place estimate based WAMU estimate, 12/07; .075% loan fee, $45,000 legalla raisal $8000 end env review fees Bond interest. Construction interest rate, 65% DDF, 3.5% as of 1108) 24 mths 2% HTF, 1m Cap 3% $75k predev loan fee IIC Predev 111 % $3,500 loan fee and $21,000 interest PerWSHFC licies CG estimate based on L1HTC and HUD aud~s estimates, Inti Place/other L1HTC .eels Quantum required lease up 6 months 0 ratin ex enselllHTC investor required reserve $9$,~$0 WSHFC estimate, 12107, with escalation $45;000 Capitalized sum =$45 per unit. or $2,745 in year 1, growth 4% peryearlinfiation 3.5% per year, 15 years Annual compliance fees not eligible HUD expense; capitalized from development budget Form Se-Residential Development Budget Narrative <6- <f1 Form8C Residential Development Budget Narrative Form BC-Residential Development Budget Narrative 2 KOf4~ WOW\e.t\"s Associatic>>\. of Washington State A Multi-Cultural! M4lti-Llngual Community Services Agency KWA Quality Services, Excellent Care Since 19'72 March 10, 2008 RE: KW A Senior CitY Cheryl Markham . Community Development Program. Chinook Building .. 401 5th Avenue, Suite 500 Seattle, WA 98194 Lisa Vatske; .Managing Director . State of W A Housing Trust .Fund '.906 ColUmbia Street SW, .4th 'Floor Olympia, W A 98504 Dear Ms. Markham and Ms. Vatske: On behalf of~W ~ I am writing to commit $403,348 towards development of our proposed KW A Conimunity Facility in Federal Way. These fun$ are committed from KW A's developer fee (totaling $933,072}:from the development ofKW A Senior City, . the low-income seniothol,lsing,project.. These funds will be provided in the event ~t "- the housing project is fully funded. . KW A will provide $433,500 in annual services, which are currently committed, to Federal Way and South King COUlity residents at this new and much improved Community Facility. . , . P~ease contact me directly at (253)538-8340 for any further infonnation or questions: On behalf of the KW A Board of Directors, I hope that your agencies will join us in . developing our new CommUnity Facility in Federal Way. . .' . Main: 123 East 96tIi St.,.Tacoma, WA 98445, .(253)535-4202, Fax (253) 535-4827 · 1711 S. 312th St. #2,.Federal Way, WA 98003, (253)946-1995, Fax (253) 946-1997 1.4306 Pacific Ave. SE, Lacey, WA 98503, (360) 455-4524, Fax (360) 455-4525 · 1131 E. Shelton Springs Rd., Shelton; WA 98584, .(360) 426:9700, Fax (360) 426-6688. 417 N. Pearl St itA, CentraDa, WA98~1,(360) 736-4310, Fax (360) 736-4319 · 222 N. Lincoln St., Port Angeles, WA 98362, (360)452-2129, FBlC (3110) 452-2427 . 462916Bth St. SW, Suite G, Lynnwood, WA 98037 (425) 742-6396, Fax (425) 787-9613 ... . - ... . .<?~rV' . . . , te) KWA K~J4e.an Women's As~ciaHon. of Washington State A Multi~Culturall MUlti~Unguar Community Servlc.es Agency . Quality Services, ExceHent Care Since 1972 March 10, 2008 RE: KW A Senior ~ity Lisa Vatske Managing Director State ofW A Housing Trust. Fund. Davis Williams Building. . 906 Columbia StreetSW, 4th Floor Olympia, W A 98504~2525 Dear Ms. Vatske: . . On behalf ofKW A, I am writing to commit $340,730 towards development of our . . proposed residential project, the 62-unit.HUD Section 202 senior project in Federal Way. These.fun~s are committed from KYVA'~ developer fee from the project (which t<?taIs $933,072), and will be provided in the event that the project is fully funded. .:: Inaddition,.KWA will commit.$269,107 annually in supportive servIces to residents of this housing.project, which is fully committed in current contracts from W A State Dept. or'Development Disabilities, W A State DSHS; WA State..Office of Refugee and . Immigrant Assistance, City of Federal Way Human Services, and funding raised by KWA directly. Please'contact me directly at (253)538~8340 for any further information or questions. On behalf of the KW A Board ofPirectors, I hope that your agencies will join us in develop~g this much-needed supportive housing in Federal Way. . . . Main: 123 East 96th st, Tacoma, WA 98445, (253) 535-4202, Fax (253) 535..4827 · 1711 S. 312th St. '2,.F.ed.ral Way,.wA 98003, (253) 9A8-1~ Fax (253) 946-1997 4306 Pacific Ave. SE, Lacey, WA 98503, (360) ~5-4524, Fax (360) 455-4525 · 1131 E. Shelton Springs Rd., Shelton, WA 98584, (380) 426-97~! Fex (360)"426-8688 . 417 N. P~rl St. #A, Centralla, WA 98531, (360) 736-4310, Fax (360) 736-4319 · 222 N. Lincoln St., Port Angeles, WA 98362, (360) 452-2129, Fax (380) 452-2427 4629168th St SW, Suite G, Lynnwood, WA 98037 (425) 742-6396, Fax (425) 787-9613 3. King County Housing Repair Program - Funds designated to the Westway neighborhood housing rehabilitation by Habitat for Humanity g~(b ( King County Housing Repair Program - Funds designated to Westway neighborhood housing rehabilitation by Habitat for Humanity The current Joint Agreement with King County designated 25% of Federal Way's annual CDBG entitlement to the King County Housing Repair Program. Per the attached flyer, funds may be used for loans and emergency grants to eligible Federal Way residents for major housing repair. The allocation to the program for 2008 is $193,605. As of the end ofthe first quarter, $129,665 has been spent. This is a combination of 2007 and 2008 funds. If funded with the available 2007 and 2008 CDBG capital funds, the King County Housing Repair Program has agreed to designate these funds to utilize as part of the Habitat for Humanity rehabilitation project in Westway. Depending on the scope of the repairs needed by household, the available funding would assist between 3 to 10 homes. The King County Housing Repair program has indicated that they have the capacity to add these funds to Federal Way's housing repaIr program. An outline of Habitat for Humanities 21 5t Century Housing Challenge Initiative is also attached. Additional information on Habitat's efforts in Westway may be distributed at the Commission meeting. r-{OL- HI! ~ .' III Q) u ~ Q) (I) C III E ::I ::z: ~ c III .a- 'c ::I E E o o '0 .. c Q) ~ III Co Q) C ~ C ::s o o E CHI) E .5Em ~OO ...:I:D:ID ~!iCcn "'COo O.,,;C? '$ =~~ 00l;:C'll ~.t;;CD C...OO o 'C;;:!: ~ i ~~.. EO::=~ ... m:5! u .eCIII ,5 ii) = 3l ...::Su'" oou.!! lL::E:c(Q, BIll ~ E f a 2 D.. ... 'C;; Q. Q) 0:: a C en = o ::J: CIl E 0 m u... Co ::l iii -.... C ... 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U") (') .,., ~ ....: .... w ai 0 ~ tit .... ;; (') ClO ... tit tit tit .... ~ .-;0 ..... S ~ ~ ~ '5 "'" "I:S ~ ~~ ~1! w;,,;~ ~ ~ "I:S == ~ ~ 0 0 co 0 v ~ 0 0 v 0 N ~ 0 <<!. .... U") (') .,., ....: .... w ai 0 ~ - tit ;; .... (') ClO "-' tit tit tit '"'" ..... .-;0 ~ ~ 0 ~ w S "" !;( ~ .... 0 W It: W 1: z J: J: ~ 0 ....J E ~ W ....J == W 0 II) Z II) ....J ll. 5 := m z ~ w :J ~ <( 5 It: .... ~ ~ 0 z 0 0 z 'l: ~ J: 0 0 <( ....J W 0 => is "<:l b: u: :2 !z :2 ~ ~ It: ll::: 0 ~ 0 :; ~ 'U ~ 0 :2 <( 0 ~ 0 z 0 == ::I ~ 0 w w <( w W J: Z => Z ~ a i:: ...:! z It: It: II) II) II) II) II) II) l- => ?-(Ob 2..rsf- CeNTlJfl.."i OtAL-Le"'Ge 21 st Century Housing Challenge Pilot Project Westway Community in Federal Way I. Description of the proposed pilot project Habitat for Humanity of Seattle/South King County is launching a bold new initiative that will end substandard housing in the Westway community of Federal Way by the year 2009. Founded in 1986, the local Seattle/South King County affiliate has successfully built 104 homes (including two new homes in the Westway community) in partnership with low-income families (25-50% AMI) through zero- interest mortgages, sweat equity contributions and volunteer construction crews. This new initiative addresses the need to repair existing housing stock to keep low-income homeowners in safe, decent, affordable housing. As part of a broader community coalition, Habitat for Humanity will complete major rehab work on 6 homes, major repair work on 6 homes, and minor repairs on 24 homes in the next three years (see attached proposed ,::y 2006 budgets for each). We will provide homeowner education on basic construction skills, home maintenance skills, community resources and energy conservation. Homeowners will be required to work in partnership with community volunteers in completing the repair work on each of the homes. Families will be required to complete an application, interview and home assessment conducted by our volunteer family resources team and families must live in the targeted Westway neighborhood. Priority will be given to families earning 25-50% of median income, disabled families, seniors and single parents. Families earning 80% and below of AMI with extenuating circumstances will also be considered for the program (i.e.size of family, medical expenses etc.). Able-bodied homeowners must be willing to work side by side with volunteers and be cooperative and onsite while volunteers are working on their home. Homeowners must also be willing to attend required training in home maintenance skills and energy conservation. Families will be required to sign a letter of agreement that will contain an. escape clause in the event that serious unforeseen problems are found in the process of working on the home. In that case, the home will be reevaluated and may be returned to its original condition until additional resources are secured. Habitat for Humanity, working in partnership with the Build the Bridge coalition, will document all work done in the community and we will formally evaluate the success of the pilot project. The ultimate measure of success will be that all housing units in Westwaywill be safe and in good repair. Best practices will be developed and shared as we expand the program to other communities. In the event that we complete our work in Westway and serve less than 36 families in the Westway community, we will move to the next targeted low- income neighborhood in Federal Way, following the police department "weed and seed" program. ~-/O I II. Need The Westway community in Federal Way is a neighborhood that historically has had a very high crime rate, drug traffic, low education outcomes, poor housing with absentee landlord issues and significant poverty among its residents. Most of the housing units in the Westway community were built in the early 60s-70s as part of a HUD affordable housing project. Based on initial research and assessment, 136 housing units in the neighborhood were found in need of varying degrees of repair. There are 3 units of transitional housing owned by the Multiservice Center. These will become homeownership opportunities when they are sold in 2 years. As a result of the initial work done by the Build the Bridge coalition, Habitat for Humanity completed 2 new homes in place of a duplex that burned to the ground, and the City of Federal Way forced an absentee, criminal landlord to sell 12 units that have been renovated by a private developer and are currently on the market. A few years ago Homesight restored 6 units that are still in good repair and 33 of the units are rental properties. The coalition is currently exploring grant opportunities for landlords if needed. As a result, there are now approximately 80 homes owned by low-income homeowners in need of repair. Many of the families are unable to afford repair work on their homes and they are struggling to pay the homeowner association dues. The homeowner association is controlled by a select few and does not represent the majority of the homeowners. According to the 2000 U.S. Census, the median family income within Census Block Group 2 and 4 was $42,020 and $38,250 respectively. This is significantly lower than Federal Way's median family income of $55,833. In addition, the 2000 Census reports that in Block Group 2 and 4 are 2,752 residents living in the Westway neighborhood. It is estimated that 507 residents are living in poverty and approximately half (256) are children. ID. Partners The Build the Bridge Coalition (BTBC) is a volunteer-driven group that is comprised ofWestway residents and community-based organizations that have been working together since 2002 to build a healthier community in Westway and remove socio- and economic barriers so that children and youth can improve their academic potential and empower them to become future leaders in their community. In addition to Habitat for Humanity some of the community-based partnerships include, and are not limited to, the Multi-Service Center, Federal Way School District, the City of Federal Way (mayor, city council members, CDBG coordinator, human services coordinator, city attorney, Diversity commission, code compliance officer, Federal Way Police Department), St. Francis Hospital, Weyerhaeuser, Capital One (prior to relocation), the Public Health Department of Seattle-King County,.Federal Way Youth & Family Services, Christian Faith Center, Decatur High School, Olympic View Elementary, Boys and Girls Club, the YMCA, Federal Way Rotary, Federal Way Kiwanis, St. Lukes Lutheran Church, Lifeway Church, New Heart Church, and AmeriCorp mentoring and afterschool program. As a result of the 21st Century Challenge initiative collaborative efforts, King County Major Repair Program, King County Community Development, HUD (section 8 auditor), Homesight, Mercy Housing, Rebuilding Together, Fannie Mae and State Representative Mark Miloscia have all expressed interest in the initiative and determining what resources they will be able to commit to the pilot project to complete the units that Habitat for Humanity is not doing. These organizations and public institutions have been established in the Federal Way community for a number of years and have a long-standing commitment to children, youth and families. 'r-c01 2 To date the Build the Bridge coalition has produced the following outcomes: >- Federal Way Police Department conducted a ''weed and seed" program in the Westway community and the crime rate has been significantly reduced. >- A neighborhood watch program has been organized. >- ArneriCorp members are providing mentoring and after school programs for K -6 children in the Westway community building. >- A dental program was started at the neighborhood elementary school and 14 of the Westway children were treated for urgent and severe dental problems. >- The City of Federal Way diversity commission will partner with Habitat for Humanity in providing a community service day on January 14th in honor of the MLK holiday. >- Weyerhaeuser Company and the Multi-Service Center donated a total of 8 computers for use in the after-school study program at the Westway community building. >- Catholic Health Initiatives provided a $28,000 grant to the Build the Bridge coalition for outreach >- The City of Federal Way installed 22 streetlights as a resul~ ofa BTBC CDBG grant of$168,000 and $44,000 provided by the city. >- Habitat for Humanity has built 2 new homes (appraised at $240,000 each) in place of a duplex that was burned to the ground. >- A private developer has renovated 12 units that were in serious disrepair and they are being sold on the open market as townhomes. >- United Way ofK.ing County awarded a $10,000 strategic planning grant for the Build the Bridge Coalition. St. Francis Hospital provided $5,000. The complete BTBC strategic plan will be available in December. The 21st Century Challenge Initiative pilot project is the first of its kind that clearly identifies the housing need, brings together the resources, and sets a date for ending substandard housing in a community. The initiative is designed to be sustainable after the pilot project is complete. Homeowners will have developed new skills, developed a sense of community as they have worked together on their homes and there will be an increased awareness of community resources. The community moves from being a pocket of low-income families in a crime-ridden neighborhood, to a mixed income community where everyone is living in a safe, decent home. Funding from the Gates Foundation will allow us to continue to meet the basic housing needs identified by Westway residents and will serve as a unique model to replicate in other Seattle/South King County communities. 1-(0} 3 Through the 21st Century Housing Challenge, Habitat for Humanity challenges communities to eliminate substandard housing in their area, and to set a realistic date to meet the challenge. By accepting this challenge, communities will take a collaborative approach to reach out to neighborhood residents, fonn or become an active member in a community coalition, develop a measurable plan, then build, renovate and repair homes to eliminate substandard housing in their community. Habitat for Humanity will become the facilitator of this coalition that is comprised of other housing agencies, neighborhoods, churches, governmental entities, social service agencies, and civic groups, to name a few. What will emerge is a collaborative movement that will come up with creative solutions, resources, commitment and energy. By working together, more people will be reached, limited resources will be more effectively used, duplication of effort will be reduced, and positive solutions will be implemented to address very complex issues. The Habitat for Humanity 21st Century Housing Challenge Initiative is the first of its kind in our ~gion that clearly identifies the housing need in a community, brings together the resources, and sets a da,te for ending substandard housing in that community. Homeowners will work in partnership with Habitat volunteers and other community agencies to complete much needed home repairs. They will have developed new skills, developed a sense of community as they work together on their homes and the homes of their neighbors. There will be an increased awareness of community resources as the community moves from being a pocket oflow-income families in a crime-ridden neighborhood, to a mixed income community where everyone is living in a safe, decent home. Our first 21st Century Housing Challenge community is the Westway neighborhood in Federal Way. This will serve as a unique model to replicate in other Seattle/South King County communities. ~.-llO 1 ~ CITY OF .,_? Federal Way Notice of Project Cancellation & Reallocation/Allocation of Community Development Block Grant (CDBG) Funds PUBLIC NOTICE IS HEREBY GIVEN that the City of Federal Way is proposing to cancel Project No. C07578, Multi-Service Center Employee Development Services by a Community Based Development Organization, that was awarded $107,853 in 2007 Community Development Block Grant (CDBG) Funds. This project has been determined to not be an eligible activity by the Department of Housing and Urban Development. NOTICE OF REALLOCATION: The City of Federal Way is proposing to reallocate the $107,853 from the above cancelled project per the 2007 Contingency Plan and an additional $58,634 in unallocated 2008 CDBG funds to the following projects: $100,000 to Korean Women's Association for the acquisition of land to build 61 rent-subsidized senior apartments and a 2,475 sq ft social service facility at the Federal Way Transit Center located at 31621 23rd Ave S, Federal Way. $66,487 to King County Department of Community and Human Services, Housing Repair Program, to provide the following housing repair services for residents of Federal Way: a) interest free deferred payment loans up to $25,000 to low- and moderate-income homeowners (up to 80% of median income); b) matching funds program provides up to $25,000 as a deferred payment loan as a match to low- and moderate-income homeowner (up to 80% of median income) funding from a local lender or private funds; c) grants up to $3,000 for emergency repairs to low-income homeowners (up to 50% of median income); and d) grants up to $5,000 for emergency repairs to mobile homes owned by low-income persons. Program eligibility requirements are included in King County Code chapter 24.16. Funds are to be designated to the Habitat for Humanity 21 st Century Housing Challenge project in the Westway neighborhood located in the vicinity of SW 334th St and west of 21st Ave SW. Detailed information about the proposed project cancellation and reallocation is available for review during regular business hours at the Department of Community Development-Human Services Division (33325 8th Ave S, Federal Way). The public is invited to comment on this proposed change by submitting written comments to: City of Federal Way, Attn: Kelli O'Donnell, P.O. Box 9718, Federal Way, WA 98063-9718. Written comments will be accepted until 5:00 p.m. on Monday, June 9, 2008. For further information regarding Federal Way's CDBG program, please contact Kelli O'Donnell, CDBG Coordinator, at (253) 835-2653. For TDD relay service call 1-800-833-6388/TDD or 1-800-833-6384/voice. This notice is available in alternate formats for individuals with disabilities upon request. To be published in the Federal Way Mirror on May 24,2008. COUNCIL MEETING DATE: June 17,2008 ITEM #: 5a -'M_~'----'-.:-"'i-""-'-------'-----~'---"-----'----.-.-.-.-.--......------------......---.----.-.-.....-.----.-----.-------u-----..---.------ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Federal Way Village Preliminary Plat POLICY QUESTION: Should the City Council approve the proposed 95-lot zero-lot line townhouse Preliminary Platfor Federal Way Village? COMMITTEE: Land Useffransportation Committee (LUTe) MEETING DATE: June 2, 2008 CATEGORY: ~ Consent D Ordinance D Public Hearing D City Council Business ~ Resolution D Other: Information Only ~!AF~ R~!...~~T n..~.:.~enio~._~...!~~ne~l:~~!..~hu}}.,..~_ICP.._._._...__.___._...._......~~!!...:.~o~~unityJ?.~~.~op~e~~__.._ Summary/Background: The Federal Way Village Preliminary Plat is proposed for the westem Y2 of the 45-acre Federal Way Village Master Plan development. Process III - Director's Design Decision was granted on January 11,2008, for mixed- use development proposed for the eastern Y2 of the overall master planned site. Process IV - Hearing Examiner Approval for filling of two small wetlands and wetland buffer encroachments was issued on April 30, 2008. Staffwill make a brief presentation at the June 2, 2008, LUTC meeting. Attachments: 1) April 30, 2008, Federal Way Village Hearing Examiner Recommendation and 2) April 4, 2007, Preliminary Plat Staff Report, reduced scale preliminary plat map, and draft City Council Resolution for Federal Way Village Preliminary Plat. Refer to the "Federal Way Village" binder in the City Council office for a complete copy of the April 4, 2007, staff report with all the exhibits. Options Considered: 1. Adopt the Hearing Examiner Recommendation and approve the Federal Way Village Preliminary Plat Resolution. 2. Reject the Hearing Examiner Recommendation. 3. City Council may adopt its own recommendations and approve the Federal Way Village Preliminary Plat Resolution. 4. City Council may adopt its own recommendations and disapprove the Federal Way Village Preliminary Plat Resolution. STAFF RECOMMENDATION: Council approval ofthe Federal Way Village Preliminary Plat resolution, based on the findings, conclusions, and recommendation of the Federal Way Hearing Examiner (Option #1). CITY MANAGER APPROVAL: DIRECTOR ApPROVAL: ~ to Committee ~ To Council CO~;;=NDATION: "lm~eZt1l:Z~C~il Con Linda Kochmar, Chair Dini Duc os, Member PROPOSED COUNCIL MOTION: HI move adoption of the Hearing Examiner recomm n~ns and approval of the Federal Way Village Preliminary Plat Resolution." (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 - 0210612006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # File #06-I06382-00.SU Doc. J.D. 43582 @~((;IE.W~m Ull APR 3 0 axt ~ ~ ~jty Clerks OHice I CIty ot Federal Way P.L.L.C. ATTORNEYS AT LAW N. Kay Richards Legal Assistant 206.447.2231 krichards@omwlaw.com April 30, 2008 Laura K. Hathaway City Clerk City of Federal Way P. O. Box 9718 Federal Way WA 98063-9718 Re: Federal Way Village Decisions - 06-106382-00-SU and 07-102851-00-UP Dear Laura: At the request of Phil Olbrechts, enclosed are copies of the executed originals of the above- referenced decisions. Very truly yours, OGDEN MURPHY WALLACE, P.L.L.C. n.~~ N. Kay Richards, Legal Assistant to Phil Olbrechts Inkr Enclosures Established 1902 A Member of the International lawyers Network with independent member law firms worldwide 1601 Fifth Avenue, Suite 2100 . Seattle, WA 98101.1686 . 206.4477000 . Fax: 206.4470215 . Web wwwomwlawcom {PA0694675.DOC: ]11304] .9000001j /,@ IE rc; IE I \YJ fE U U APR 30m BEFORE THE HEARING EXAMINER FOR THE CITY OF FED RA WAY City Clerks Office Phil Olbrechts, Hearing Examiner City of Federal Way RE: Federal Way Village, LLC File No. 06-106382-00-SU FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION INTRODUCTION The applicant requests approval of a preliminary plat to subdivide 25.47 acres into 95 zero-lot line townhouse residential lots. The Examiner recommends approval subject to conditions recommended by staff. ORAL TESTIMONY Staff summarized the staff report and staff and the applicant answered some questions from the Examiner. There was no testimony in opposition and the staff report and exhibits contained all information necessary to evaluate the proposal. EXHIBITS See list of exhibits at pp. 21 and 22 of the April 4, 2008, staff report prepared by Senior Planner Janet Schull. FINDINGS OF FACT Procedural: 1. Applicant. The applicant is Federal Way Village, LLC. 2. Hearing. The Hearing Examiner conducted a hearing on the application at 10:00 a.m. at Federal Way City Hall on April 16, 2008. Substantive: 3. Site/Proposal Description. The applicant proposes to subdivide an approximate 25.47 acre site into 95 zero-lot line townhouse residential lots. The proposed preliminary plat map (Exhibits AI-A3), along with conceptual grading and utility plan (Exhibits A6-A 7), tree retention plan (Exhibit A8), and a preliminary landscape plan (Exhibits A9-AII) have been submitted into the record. Two large wetlands with 100-foot buffers are located to the east and west of the proposed zero-lot line townhouse development. Subdivision development would occur in a portion of the site located between the wetland buffers. On the east side of Wetland 2 is the site of the proposed commercial mixed-use portion of the Federal Way Village Master Plan, which will include over 300,000 square feet of commercial, retail, office, and multifamily residential development. The site is located in the east-central portion of the City, southwest of I PA0694672.00c; 1/13041.900000/} Preliminary Plat Recommendation p. 1 Findings, Conclusions and Recommendation the intersection of South 336'h Street and Pacific Highway South (Exhibit B). The site is accessed from South 336th Street via a proposed new Road A and from Pacific Highway South via a new Road C. The subject site has a land area of approximately 44 acres. As shown on the preliminary plat map, Sheets 3 and 4 of 14, by ESM Consulting Engineers (Exhibit A2-A3), all lots in the zero-lot line townhouse plat meet or exceed the underlying code-required minimum lot size of 1,500 square feet (RM 2400). These lots range in size from 1,560 to 3,343 square feet, with an average lot size of 1,976 square feet. The subject site contains two wetlands (Wetlands 1 and 2). They are both regulated as Category II wetlands, with 100-foot buffers. Two small Category III wetlands (Wetlands 3 and 4) are located on the adjacent BC-zoned, proposed mixed use portion of the overall Federal Way Village Master Plan site. Wetlands 3 and 4 are proposed to be eliminated with development of the adjacent commercial mixed use development. Mitigation for the filling of Wetlands 3 and 4 has already been implemented as part of the South 336th Regional Stonnwater Detention Facility located just south of the subject site. In addition, the site is located within ten-year contour areas associated with Critical Aquifer Recharge and Wellhead Protection Areas. 4. Characteristics of the Area. The surrounding land uses are business and office parks and community business. There is also a regional storage facility to the south. The property is situated southeast of the central portion of the City in an area with a mixture of existing uses and vacant property. The area to the north of the property and across South 336th Street is largely developed with office uses. A senior housing development is located to the immediate west of the property. A mixture of light industrial, business park development is located to the southwest. Immediately south of the property is the South 336th Street Regional Storm water Detention Facility. Immediately to the east of the proposed zero lot line subdivision is vacant land zoned Community Business (BC). This BC-zoned area represents the balance of the proposed 44-acre Federal Way Village Master Plan development. 5. Adverse Impacts. The project has undergone a SEP A review and was issued a MDNS. The mitigation measures identified were a transportation improvement plan and various improvements to traffic signal. Approval of the preliminary plan will be subject to submittal and approval of a tree clearing plan. Mitigation measures for wetlands on site have been addressed separately. Protection of the Aquifer Recharge and Wellhead Protection Areas will be addressed during the design and construction phase. The existing 336th Regional Stonnwater Detention Facility should be able to handle the additional stonnwater runoff resulting from the project. 6. Adequacy of Infrastructure and Public Services. As mitigated by staff, adequate infrastructure will serve development as follows: · Transportation: As proposed and as required by the FWCC, all internal and external public rights-of-way must be dedicated by statutory warranty deed to the City of Federal Way and improved to all applicable FWCC street standards. Internal streets are designed in accordance with the City's local access street standard with certain modifications that were reviewed and approved by the Public Works Department (see modification letter, Exhibit N). · Open Space: To comply with the common open space requirements, the applicant has proposed 34,679 square feet of common open space located in two tracts (Tracts {PA0694672.DOC; 1113041.900000/} Preliminary Plat Recommendation p. 2 Findings, Conclusions and Recommendation G and N) located along the eastern edge of the development and western edge of the buffer area associated with Wetland 2. Within these open space tracts, there is a pedestrian trail system and three lots. The total proposed square footage devoted to lots is 2,428 square feet (minimum required is 10 percent of 19,000 square feet, or 1,900 square feet). The common space and pedestrian trail is proposed adjacent to the edge of the buffer area associated with Wetland 2. A text note addressing dedication and maintenance provisions shall be noted on the face of the final plat and pursuant to the subdivision code, homeowners association covenants are required to be submitted for City review prior to final plat approval. · Drainage: Development of the site will create additional run off from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the 1998 KCSWDM and the City's amendments to the manual. The existing South 3361h Regional Stormwater Detention Facility provides mitigation for the runoff rate increases under improved conditions of the development. Per the settlement agreement (Exhibit J), a portion of the overall Federal Way Village Master Plan site will be permitted to discharge to the existing South 336th Regional Stormwater Detention Facility. For areas of the site not covered by the agreement, rights to detention will be purchased for a fee of $5,022.0 per gross acre. Stormwater water quality shall be mitigated using approved facilities in accordance with the 1998 KCSWDM and the City's amendments to the manual. Final review and approval of the storm drainage facilities as shown on the engineering plans will occur in conjunction with full drainage review. Stormwater design and plat drainage elements must conform to the standards, policies, and practices of the City of Federal Way's Surface Water Management Division, as outlined in the adopted KCSWDM and City amendments, the Comprehensive SU/face Water Management Plan, and the Stormwater System Operation and Maintenance Manual. The approved storm drainage facilities must be constructed per City code requirements, prior to final plat approval and recording of the subdivision. · Water: The applicant proposes to serVe the subdivision with a public water supply and distribution system managed by the Lakehaven Utility District. The August 30, 2006, Certificate of Water Availability (Exhibit R) indicates Lakehaven's capacity to serve the proposed development through a Developer Extension Agreement (DBA). · Sewage: The applicant proposes to serve the proposed plat by a public sewer system managed by Lakehaven Utility District. An August 30, 2006, Certificate of Sewer Availability (Exhibit Q) indicates the district's capacity to serve the proposed development through a Developer Extension Agreement (DEA) between the applicant and the district. · Schools: As part of the City's review of the proposal, the preliminary plat application was referred to the Federal Way School District for review. Panther Lake Elementary, IIahee Middle School, and Todd Beamer High School will serve the proposed subdivision. All middle school and high school students from this development would receive bus transportation to and from school, as these schools are over one mile from the subject site. Students attending Panther Lake Elementary {PA0694672.DOC;1I13041.900000/} Preliminary Plat Recommendation p. 3 Findings, Conclusions and Recommendation will walk to school via sidewalks proposed along Road A, connecting to existing sidewalks on South 336'" Street and 1st Way South. School service areas are reviewed annually and may be adjusted to accommodate enrollment growth and new development. School impact fees, as authorized by City ordinance and collected at the time of building permit issuance, are currently $1,729.50 per zero-lot line townhouse unit. School impact fees are determined on the basis of the District's Capital Facilities Plan and are subject to annual adjustment and update. · Fire Protection: The Certificate of Water Availability from the Lakehaven Utility District indicates that water will be available to the site in sufficient quantity to satisfy fire flow standards for the proposed development. The exact number and location of fire hydrants will be reviewed and approved by South King Fire and Rescue. 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: Multifamily Residential - RM2400. 3. Review Criteria and Application. FWCC 20-126(c) governs the criteria for preliminary plat approval. 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 application is subject to the adopted Federal Way Comprehensive Plan (FWCP), which designates the property as Multifamily. The proposed land use, Residential Multifamily 2400 (RM-2400), with 1,500 square foot minimum lot size, is consistent with density allowances and policies applicable to this land use as established in the FWCP. 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 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 proposed, and with conditions as recommended by staff, the preliminary plat will comply with all provisions of the chapter. {PA0694672.DOC;I/13041.900000/} Preliminary Plat Recommendation p.4 Findings, Conclusions and Recommendation FWCC 20-126(c)(3): It is consistent with public health, safety, and welfare. 6. The proposed preliminary plat would permit development of the site consistent with the current Multifamily Residential land use classification of the FWCP and map. Proposed vehicular access and fire hydrant locations must meet all requirements of South King Fire and Rescue. Sidewalks are proposed to provide safe access to schools and school bus stops. Future development of the plat in accordance with applicable codes and regulations should ensure protection of the 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.ofthe City. It is hereby declared that the regulations contained in this chapter are necessary to: ( I ) 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 development in an area that is already characterized and developed by residential development. Also as previously discussed, the project is served (or as conditioned will be served) by adequate infrastructure. 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 RM 2400 zoning 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 set the standard for adequacy of light and air and for these reasons the above criterion is satisfied. 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. {PA0694672.DOC;11J3041.9000001} Preliminary Plat Recommendation p. 5 Findings, Conclusions and Recommendation FWCC 20-2(6): Provide for proper ingress and egress: 11. According to staff, as conditioned, access to all lots will comply 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 above criteria. FWCC 20-2(8): Require unifonn monumenting of land divisions and conveyance of accurate legal descriptions: 13. FWCC 20-111 (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 divisions and accurate legal descriptions are satisfied. FWCC 20-2(9): Protect environmentally sensitive areas: 14. As noted previously, 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 above, mitigation measures for the nearby wetlands have been completed or will be in conjunction with the approval on the fill and buffer averaging. 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. The project incorporates features designed to comply with the above criterion vis-a-vis the wetlands and their buffers. FWCC 20-12S(c)(S): It is consistent with the development standards listed in FWCC 20-151 through 20-157, and 20-178 through 20-187. 16. Development of this site is required to comply with the provisions of FWCC Chapter 20, "Subdivisions"; Chapter 18, "Environmental Protection"; Chapter 22, "Zoning"; and all other applicable local and state development codes and regulations. As proposed, and as recommended by City staff, the preliminary plat application complies with all applicable statutes, codes, and regulations. IPA0694672.DOC;]1I 3041.9??oo01} Preliminary Plat Recommendation p.6 Findings, Conclusions and Recommendation RECOMMENDA TION The Examiner recommends that the City Council approve the preliminary plat as set forth in the staff report for 06-106382-00-SU by Senior Planner Janet Shull, subject to conditions 1 through 10 therein noted. Dated this '3'0 ~ day of April, 2008. ~ ~ ....... Phil Olbrechts Hearing Examiner City of Federal Way FoR {PA0694672.DOC;1/13041.90oo001} Preliminary Plat Recommendation p.7 Findings, Conclusions and Recommendation 22-447 Appeals. (a) Who may appeal. The decisions of the hearing examiner may be appealed by any person who is to receive a copy of that decision under FWCC 22-443. (b) How and when to appeal. The appeal, in the form of a letter of appeal, must be delivered to the department of community development services within 14 calendar days after the issuance of the hearing examiner's decision. The letter of appeal must contain: (1) A statement identifying the decision being appealed, along with a copy of the decision; (2) A statement of the alleged errors in the hearing examiner's decision, including specific factual findings and conclusions of the hearing examiner disputed by the person filing the appeal; and (3) The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. (c) Fee. The person filing the appeal shall include, with the letter of appeal, the fee established by the city. (1) In addition to the appeal fee, the appellant shall pay an amount sufficient to cover the cost of preparing the written transcript of the hearing examiner hearing, at the cost of $16.00 per hour. (2) In lieu of payment of the transcript preparation costs, the appellant may choose to prepare the transcript from tapes of the hearing provided by the city, at appellant's sole cost. The prepared transcript shall be submitted to the city hearing examiner secretary for distribution no later than 20 days prior to the date of the hearing on appeal, and shall be accompanied by an affidavit or certification by the appellant as to the accuracy and completeness of the transcript. (3) The appeal will not be accepted unless it is accompanied by the required fee and appropriate costs. (4) The cost of the transcript shall be refunded to the appellant if the appellant substantially prevails on appeal. The city council shall decide whether appellant substantially prevailed on appeal and that decision shall be final. The transcript refund shall be limited to actual costs of transcript preparation as follows: a. City staff preparation. Hourly cost of preparation. b. Appellant preparation from tapes. Actual costs as shown by certified receipt or other evidence sufficient to the city. (d) Jurisdiction. Appeals from the decision of the hearing examiner will be heard by city council. {PA0694672.DOC;II13041.900000/} Preliminary Plat Recommendation p. 8 Findings, Conclusions and Recommendation File No. 07-102851-00-UP LWAY BEFORE THE HEARING EXAMINER RE: Federal Way Village, LLC .~~~~y CO N USIONS OF INTRODUCTION The applicant seeks approval to fill two Category III wetlands and buffer averaging within the environmentally sensitive areas of two Category II wetlands. The Examiner approves the request with conditions. TESTIMONY See tape / transcript of public hearing. EXHIBITS See list of exhibits at page 11 of the staff report for 07-102851-00-UP by Senior Planner Janet Shull. FINDINGS OF FACT Procedural: 1. Applicant. The applicant is Federal Way Village, LLC. 2. Hearing. The Hearing Examiner conducted a hearing on the application at 2:00 p.m. at Federal Way City Hall on April 16, 2008. Substantive: 3. Site/Proposal Description. The overall proposal includes construction of 326,450 square feet of mixed use commercial, office, and multifamily residential space, and a 95-unit zero-lot line townhouse subdivision on an approximated 44-acre site (Exhibit A). The site is located at the southwest comer of the intersection of South 336th Street and Pacific Highway South, in Federal Way (Exhibit B). There are four wetlands on the subject site. The applicant is requesting the filling of two Category III wetlands (Wetlands 3 and 4), which represent approximately 0.30 acres of wetland area. Approximately 0.90 acres of new wetland was established along the southern edge of Wetland 2 as part of the construction of the South 33611 0 Street Regional Stormwater Detention Facility. The applicant is also requesting buffer averaging within an environmentally sensitive area (Category II wetland buffer area) associated with Wetlands 1 and 2, in order to facilitate development of zero-lot line townhouse buildings, construct a public right-of-way, and construct a pedestrian trail connecting a series of common {PA0694663.DOC;1/13041.90ooool} Wetland Buffer Modification p. 1 Findings, Conclusions and Decision open space areas. Proposed buffer averaging results in a total additional buffer area for the two wetlands of 39 square feet of buffer area. 4. Characteristics of the Area. The surrounding land uses are business and office parks and community business. There is also a regional storage facility to the south. 5. Adverse Impacts. The loss of the wetlands 3 and 4 and buffer averaging for wetlands 1 and 2 may impact water quality, wildlife habitat, drainage, and erosion. The impacts of the proposed variance are moderate. As noted below, however, mitigation measures either have already been implemented or will be implemented to minimize the effects to acceptable levels as set forth in the city code. Mitigation measures proposed performed and proposed by the applicant have been reviewed by the City's consultant, who found them to be code compliant. CONCLUSIONS OF LAW Procedural: 1. Authoritv of Hearing Examiner: FWCC 22-1358 provides that wetland modification must be approved through a Process IV Review. FWCC 22-1359 provides that buffer averaging must be approved through a Process III Review. FWCC 22-388 provides that if the component requiring a Process III Review is part of a project requiring a Process IV Review, then the entire project shall be subject to a Process IV review. FWCC 22-431 through 22-460 provides that the Examiner shall issue a final decision on a Process IV review, which is appealable to the City of Federal Way City Council. Substantive: 2. Zoning Designation: The project site presently has a zoning designation of Community Business (BC) and Multifamily Residential (RM 2400). The comprehensive plan designations are Community Business and Multifamily. The proposed uses are allowed in the BC and RM 2400 zoning districts. 3. Review Criteria and Application. FWCC 22-1358(d) addresses the impacts to regulated wetlands (wetlands 3 and 4) and FWCC 22-1359(b) addresses buffer averaging (wetlands 1 and 2). FWCC 22-445(c) contains additional decision criteria that apply to all projects reviewed by the Hearing Examiner during Project IV Review. The criteria are quoted in italics below and applied to the project under corresponding Conclusions of Law. Wetlands 3 and 4 - Fill. FWCC22-1358(d)(1): It will not adversely affect water quality. 4. According to staff, mitigation measures dealing with water quality have already been implemented. The proposed elimination of Wetlands 3 and 4 will not adversely affect water quality because the wetland elimination was considered and has already been mitigated as part of overall plans for construction of the Kitts Comer/ South 336' Regional Stormwater Facility System. I PA0694663.DOC; 1/13041.900000/} Wetland Buffer Modification p.2 Findings, Conclusions and Decision FWCC 22-1358(d)(2): It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat. 5. The elimination of Wetlands 3 and 4 will result in a loss of wildlife habitat associated with these wetlands. However, the combined 0.30 acres of wetland that is to be eliminated has been mitigated through the creation of 0.90 acres of forested wetland as provided in FWCC 22-. 1358(e). Mitigation of these two wetlands was accomplished as part of the South 336th detention facility construction on a 3:1 basis. Specifically, 0.90 acres (of a total 1.23 acres) of forested wetland was created south of the earthen dam at the south end of Wetland 2 to compensate for 0.30 acres of wetland impacts resulting from the filling of Wetlands 3 and 4. FWCC 22-1358(d)(3): It will not adversely affect drainage or stormwater retention capabilities. 6. As noted above, the proposed filling of Wetlands 3 and 4 was anticipated in the design of the regional stormwater detention facility system. This system has been in place and is designed to accommodate the drainage requirements for the proposed development of the subject site. FWCC 22-1358(d)(4): It will not lead to unstable earth conditions nor create erosion hazards. 7. The construction of the proposed project is subjectto City review and approval, during which time the applicant will be expected to provide final stormwater drainage, grading, and erosion control plans. This process should ensure compliance with the above criterion. FWCC 22-1358(d)(5): It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of open space. 8. The wetlands proposed to be eliminated are located entirely within the subject site. As noted above, they have been mitigated with replacement wetland area within the same wetland system contiguous to Wetland 2, located at the south end of the subject site. The above criterion is satisfied. FWCC 22-1358(d)(6): It will result in no net loss of wetland area, function or value. 9. As noted above, mitigation for the two wetlands to be eliminated was accomplished as part of the South 336th detention facility construction on a 3: 1 basis. Specifically, 0.90 acres (of a total 1.23 acres) of forested wetland was created south of the earthen dam at the south end of Wetland 2 to compensate for 0.30 acres of wetland impacts resulting from the filling of Wetlands 3 and 4. As a result, there will be no net loss of wetland area, function or value. FWCC 22-1358(d)(7): The project is in the best interest of the public health, safety or welfare. 10. The project is in the best interest of the public health, safety, or welfare because the eliminated wetlands have been replaced with three times the amount of wetland area at the south end of Wetland 2. This replacement wetland area is part of a wetland system that is a higher classification and provides better retention, water quality, and habitat functions than the eliminated wetland areas. {PA0694663.DOC;1/13041.9000001} Wetland Buffer Modification p.3 Findings, Conclusions and Decision FWCC 22-1358(d)(8): The applicant has demonstrated sufficient scientific expertise and supervisory capability to carry out the project. 11. The mitigation measures have already been completed. FWCC 22-1358(d)(9): The applicant is committed to monitoring the project and to making corrections if the project fails to meet projected goals. 12. As noted above, the mitigation measures have already been completed. The mitigation site has been established and according to staff, the City of Federal Way has been monitoring it as part of its ongoing maintenance of the regional stormwater facility. Wetlands 1 and 2 - Buffer Averaging. FWCC 22-1359(b)(1): Reduced buffers will not affect the water quality entering a wetland or stream. 13. According to applicant's environmental report, "Functional Assessment of the Federal Way Village Wetland Buffer Averaging Plan" (Exhibit F), the proposed wetland buffer reduction should not adversely affect water quality because the minimum proposed buffer width is 50 feet. The wetland buffers are densely vegetated with mature, native plant communities, which will remain. Thus, the proposed reduction still leaves enough buffer width to effectively filter sediment, and pollutants out of water before they reach the wetlands. FWCC 22-1359(b)(2): Reduced buffers will not adversely affect the existing quality of wildlife habitat within the wetland or the buffer. 14. According to staff, the proposed averaged buffers will not adversely affect the existing quality of wildlife habitat within the wetlands any more than the standard buffer width would. Mature forested areas will be minimally impacted. The mitigation plan proposes to offset the loss of wetland buffer area associated with Wetlands 1 and 2 through the addition of wetland buffer areas contiguous with a portion of the remaining 1 DO-foot buffer areas. As a result, total buffer area will be increased by 39 square feet, which should provide additional wildlife habitat. FWCC 22-1359(b)(3): Reduced buffers will not result in unstable earth conditions nor create erosion hazards. 15. According to staff, the project should not lead to unstable earth conditions or create erosion hazards because the existing wetland buffers are densely vegetated, not steeply sloped, and not narrow enough to create erosion from surface flow into the wetland. The above criterion is satisfied. FWCC 22-1359(b)(4): Reduced buffers will not be detrimental to any other public or private properties, including the loss of open space. 16. The proposed buffer averaging will result in less lost open space than the standard 100- foot buffers, because as noted above, 39 square feet of area will be added to the total buffer area. {PA0694663.DOC; 1/13041.900000/} Wetland Buffer Modification p.4 Findings, Conclusions and Decision The buffer averaging should not be detrimental to other properties because the wetlands and buffers in question are contained on site. Miscellaneous Criteria for Process IV Review. FWCC 22-44S(c)(1): It is consistent with the Comprehensive Plan. 17. As noted above, the mitigation measures for the requested fill and buffer averaging is consistent with the following Comprehensive Plan (FWCP), Chapter 9, "Natural Environment," Wetlands sections: "Protect and enhance the functions and values of the City's wetlands," (Goal NEG7). "The City will protect its wetlands with an objective of no overall net-loss of functions or values," (Policy NEP43). "Mitigation sites should replace or augment the wetland values to be lost as a result of a development proposal. Sites should be chosen that would contribute to an existing wetland system, or, if feasible, restore an area that was historically a wetland." (Policy NEP49). "The City will protect wetlands by maximizing infiltration opportunities and promoting the conservation of forest cover and native vegetation." (Policy NEP51). FWCC 22-44S(c)(2): It is consistent with all applicable provisions of this chapter and all other applicable laws. 18. Staff has found no inconsistencies with any other provisions of the Federal Way City Code. FWCC 22-44S(c)(3): It is consistent with the public health, safety, and welfare. 19. As noted above, the mitigation measures will increase both the net amount of wetlands and buffers, which should result in better habitat and benefits associated with wetlands such as conservation and scenic resources. FWCC 22-44S(c)(4): The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal. 20. The streets and utilities in the area have been evaluated in accordance with all applicable codes, policies, and regulations, and determined to be adequate to serve the anticipated demand from the proposal, provided all recommended conditions of preliminary plat and master plan approval are met. The utility extension is a component of the overall infrastructure as required for the plat and Federal Way Village Master Plan. FWCC 22-44S(c)(S): Proposed access to the subject property is at the optimal location and configuration for access. {PA0694663.DOC; 1/13041.900000/} Wetland Buffer Modification p.5 Findings, Conclusions and Decision 21. The access to the subject property is provided at optima110cations and configurations as determined through the City's SEP A, Process III Director's Design Review, and preliminary plat . review of the proposed overall master plan and zero-lot line subdivision. The proposed pedestrian trail is at the optimal location, connecting both ends of the plat within a network of connected common space areas. DECISION The Examiner approves the applicant's request as set forth in the staff report for 07-102851-00- UP by Senior Planner Janet Shull, subject to conditions 1 through 4 therein noted. Dated this 30~ day of ~ ,2008. ~ rn\~ Phil Olbrechts Hearing Examiner City of Federal Way {PA0694663.DOC;I/13041.9000001) Appeal of Notice of Violation p.6 Findings, Conclusions and Decision 22-447 Appeals. (a) Who may appeal. The decisions of the hearing examiner may be appealed by any person who is to receive a copy of that decision under FWCC 22-443. (b) How and when to appeal. The appeal, in the form of a letter of appeal, must be delivered to the department of community development services within 14 calendar days after the issuance of the hearing examiner's decision. The letter of appeal must contain: (1) A statement identifying the decision being appealed, along with a copy of the decision; (2) A statement of the alleged errors in the hearing examiner's decision, including specific factual findings and conclusions of the hearing examiner disputed by the person filing the appeal; and (3) The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. (c) Fee. The person filing the appeal shall include, with the letter of appeal, the fee established by the city. (1) In addition to the appeal fee, the appellant shall pay an amount sufficient to cover the cost Qf preparing the written transcript of the hearing examiner hearing, at the cost of $16.00 per hour. (2) In lieu of payment of the transcript preparation costs, the appellant may choose to prepare the transcript from tapes of the hearing provided by the city, at appellant's sole cost. The prepared transcript shall be submitted to the city hearing examiner secretary for distribution no later than 20 days prior to the date of the hearing on appeal, and shall be accompanied by an affidavit or certification by the appellant as to the accuracy and completeness of the transcript. (3) The appeal will not be accepted unless it is accompanied by the required fee and appropriate costs. (4) The cost of the transcript shall be refunded to the appellant if the appellant substantially prevails on appeal. The city council shall decide whether appellant substantially prevailed on appeal and that decision shall be final. The transcript refund shall be limited to actual costs of transcript preparation as follows: a. City staff preparation. Hourly cost of preparation. b. Appellant preparation from tapes. Actual costs as shown by certified receipt or other evidence sufficient to the city. (d) Jurisdiction. Appeals from the decision of the hearing examiner will be heard by city council. {PA0694663.DOC;JI1304J .900000/} Appeal of Notice of Violation p. 7 Findings, Conclusions and Decision COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER PRELIMINARY PLAT OF FEDERAL WAY VILLAGE Federal Way File No. 06-106382-00-SU PUBLIC HEARING April 16,2008 Federal 'Way City Hall City Council Chambers 33325 8lh Avenue South Table of Contents L General Information ...... ................................................ .......... ..... .................... ....... ........ ...... ............. I II. Consulted Departments and Agencies ........... ......___.... ................................... ....................................2 III. State Environmental Policy Act (SEP A) .................. ...... ........... ..................................... ........ .......... 3 IV. Natural Environment... ...... .... ............................ ...... ...... ................... ........... ........ ............. ... ............ ... 4 V. Neighborhood Characteristics...... _............ _................. ... ... ...... ...... ...... ........ ............ .... _.... ... ... ...... ......8 VI. Preliminary Plat Design ..".. ... ................ .......... .... ... .... ... ......... .............. ......... _.... .... '" ...... _.... ..... ........8 VlI. Transportation. ...... ............. ... ........ ....... '.... .... _....... ...... ... ..... ........... .... .... .... ............... ... ....... ..... ........ II VIII. Public Services........ .............. ............ .... ....... ........... .... ..... .................... ...... ......... .......... ...... ............. 11 IX. Utilities. ...... ............. ..... .......... ........ ....... ........ ... ....... ....... ..... .... ...... ............ ....... ....... ........ _ _ ....... ..... ... 12 X. Analysis of Preliminary Plat Decisional Criteria.............................................................................13 XI. Fmdings of Fact and Conclusion .... .... ...... .......... .... .... .... .'...... ................___....... .............. _.... ............ 14 XII. Recommendations........................ ............ ..... ..................... ........ ............ ...... ...... ....... ....... _....... ........ 17 XIII. List of Exhibits.......... ............ ...... ..... ..... .... _. ...... .......... ............ ...... ....... ...... ..'....... ..... ....... ...... .......... 18 Report Prepared by: Janet Shull, AICP, Senior Planner April 4, 2008 Staff Report for the Public Hearing of April 16, 2008 Preliminary Plat of Federal Way Village File No: 06-106382-00-SU Engineer: ESM Consulting Engineers Eric La Brie 33915 151 Way South, Suite 200 Federal Way, W A 98003 253-838-6113 Owner: Federal Way Village,LLC Dan, Biles, PE PO Box 7J 790 Puyallup, W A 98373 253-848-0820 Action Requested: The applicant is seeking preliminary plat approval pursuant to Federal Way City Code (FWCC) Chapter 20, "Subdivisions" (FWCC Section 20-110, Division 9, '"Preliminary Plat"). Relevant Dates: Master Plan Application Filed: December 19,2006 Preliminary Plat Application Filed: December 19,2006 Process IV Environmental Determination Filed: May 25,2007 Application Determined Complete: May 30,2007 Notice of Application Published: June 2,2007 Mitigated Determination of Nonsignificance Issued: September 12,2007 Director's Design Decision Issued: January II, 2008 Mitigated Determination of Nonsignificance Re-Issued: February 16,2008 Staff Representative: Janet Shull, AICP, Senior Planner, 253-835-2644 Staff Recommendation: Preliminary Plat Approval with Conditions I. PROJECT INFORMA nON A. Decision Requested Preliminary Plat Approval - The preliminary plat application is subject to a public hearing by the Hearing Examiner, recommendation to the City Council, and decision by the City Council. An analysis of the applicable preliminary plat decisional criteria, findings, and recommendations is provided under Sections X, XI, and XII of this report. B. Description of the Project, Property and Vicinity Doc. 1.0. l. Description o/the Proposed Subdivision - The applicant proposes to subdivide an approximate 25.47 . acre site' into 95 zero-lot line townhouse residential lots. The proposed preliminary plat map (Exhibits A l-A3), along with conceptual grading and utility plan (Exhibits A6-A 7), tree retention plan (Exhibit A8), and a preliminary landscape plan (Exhibits A9-All) are enclosed. Two large wetlands with 100-foot buffers are located to the east and west of the proposed zero-lot line townhouse development. Subdivision development would occur III a portion of the site located between the wetland buffers. 2. Property Description - The site is located in the east-central portion of the City, southwest of the intersection of South 336lh Street and Pacific Highway South (Exhibit B). The site is accessed from South 336lh Street via a proposed new Road A and from Pacific Highway South via a new Road C. The subject site has a land area of approximately 44 acres. 3. Lot Sizes, Density - As shown on the preliminary plat map, Sheets 3 and 4 of 14, by ESM Consulting Engineers (Exhibit ,12 - A3), all lots in the zero-lot line townhouse plat meet or exceed the underlying code-required minimum lot size of 1,500 square feet (RM2400). These lots range in size from 1,560 to 3,343 SF, with an average lot size of 1,976 SF. 4. Critical Areas - The subject site contains two wetlands (Wetlands I and 2). They are both regulated as Category II wetlands, with 100-toot buffers. Two small Category III wetlands (Wetlands 3 and 4) are located on the adjacent BC-zoned, proposed mixed use portion of the overall Federal Way Village Master Plan site. Wetlands 3 and 4 are proposed to be elimmated with development of the adjacent commercial mixed use development. Mitigation for the fillIng of Wetlands 3 and 4 has already been established as part of the S. 336th Regional Stonnwater Detention facility located Just south of the subject site. In addition, the site is located within ten-year contour areas associated with Critical Aquifer Recharge and Wellhead Protection Areas. 5. Land Use, Zoning and Comprehensive Plan Designation Direction Site North South Zoning RM 2400 OP CE Comprehensive Plan Multifamily Residential Office Park Commercial Existing Land Use Vacant Office Regional Storm water Detention Facility Vacant Senior Housing, Light Industrial East West BC RM2400lCE Community Business Multifamily Residential Commercial n. CONSULTED DEPARTMENTS AND AGENCIES The following departments, agencies, and individuals were advised of this application. A. Community Development Review Committee (CDRC), consisting of the Federal Way Community Development Services Planning and Building Divisions; Public Works Engineering and Traffic Divisions; Parks Recreation and Cultural Resources Department; Federal Way Department of Public Safety (Police); South King Fire and Rescue; Lakehaven I The entire Federal Way Village Master Plan site is approximately 44 acres. The area zoncd RM2400 IS the subject sitc for the preliminary plat application and is 25.47 acres in sizc. Doc. 1.0. Utility District; and Federal Way Public Schools. CDRC comments have been incorporated into this report where applicable. B. All property owners within 300 feet of the site were mailed notices of the application. The site \vas also posted and notice published in the newspaper and on the City's official notice boards. No comment letters were submitted in response to the June 2, 2007, notIce of applicatIOn. C. In accordance with the State Environmental Policy Act (SEPA) and FWCC Chapter 18, "Environmental Protection," all property O\\l1erS within 300 feet of the site, and all affected agencies, were notified of the proposed action and the City's environmental decisions. In addition, the site was posted and notice placed in the newspaper and on the City's official notice boards. III. STATE ENVIRONMENTAL POLICY ACT (SEPA) A. The City of Federal Way issued a Mitigated Environmental Determination of NOr/significance (MONS) for the proposed Federal Way Yillage Master Plan on February 16.2008 (Exhibit Cf. The MDNS was issued in consideration of the overall Master Plan of which the proposed zero- lot line subdivision is a part. This determination was based on review of information in the project file, including the environmental checklist and staff evaluation of the environmental checklist for Federal Way Village (Exhibit D), resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment provided the applicant complies with the mitigation measures in the MONS. B. Mitigation measures for the project were identified as the tollowing: 1. Prior to the issuance of the final plat approval or Issuance ofa building permit. whichever occurs first, for the residential phase for' the zero lot line townhouse portion of the site, or prior the issuance of a Certificate of Occupancy for any commercial buildings on site the applicant shall construct impacted TIP projects at the following locations. a. City Center Access Phase 2: Design study, environmental analysis to improve access to City Center b. City Center Access Phase 3: Add second southbound left-turn lane and third southbound right-turn lane c. City Center Access Phase 4: Widen South 320rh Street bridge over [-5 and realign loop ramp and northbound off-ramp d. SR 99 Phase 3 / South 2841h Street - SR 509: Add High Occupancy Vehicle (HOY) lanes, second southbound left-turn lane at South 2881h, install raised median, and signal at SR 509 @ Redondo Way South with interconnect to 11th Place South e. South 348th Street from 91h Avenue South to SR 99: Add HOV lanes, install raised median, underground utilities, and add northbound left-turn at SR 99 f. South 320rh Street @ I sl A venue South: Add second northbound lane, westbound left- turn lanes, westbound right-turn lanes, and widen ISI Avenue South to five lanes to 3 16rh Street 2 An MONS was originally issued on September 12,2007_ Subsequent to the issuance of the MONS, the project proposal was modified to be constructed in phases_ As a result, the September 12, 2007 MONS was withdrawn and then re-issued on February 16,2008 with modified conditions which implemented mitigation measures In a phased manner coincident with phased construction. Doc. 1.0. g. SR 99 @ South 3561h Street: Add westbound thru lane, eastbound, and northbound left- turn lanes h. South 348u. Street at 151 Avenue South: Add second left-turn lanes eastbound, westbound, southbound, and westbound and southbound right-turn lanes I. 1'1 Avenue South @ South 32Sth Street: Install raised median and improve access at South 3281h Street J. 10th Avenue SW/SW 344lh Street 1 SW Campus Drive to 21st Avenue SW: Extend three-lane collector street, sidewalks, and streetlights k. South 320th Street @ 20lh Avenue South: Add second left-turn lanes eastbound and westbound I. 2 L 51 Avenue SW / SW 356rh Street - 22nd Avenue SW: Extend two-lane collector and signal modifications m. SR 99 Phase 41 SR 509 to South 312rh Street Add HOV lanes and install raised median n. SR IS @ SR 161: Add third westbound left-turn lane, eastbound and westbound right- turn lanes, and add third southbound lane on SR 161 to South 352nd Street o. South 356th Street! SR 99 to SR 161: Widen to five lanes, bike lanes, sidewalks, illumination p. South 35200 Street 1 SR 99 - SR 16 L: Extend three lane principal collector and signal at SR-99 q. SW 320lh Street @ 2\ 51 Avenue SW: Interconnect to 26th Avenue SW with the addition of a second westbound left-turn lane r. South 320th Street from 1st Avenue South to sth Avenue South: Add HOV lanes and install raised median s. SW 3361h Way I SW 340th Street from 26u. Place SW to Hoyt Road: Widen to five lanes In lieu of constructing the above TIP improvements projects (a - s), the applicant may voluntarily offer to pay the project's pro-rata share contribution as identified in Table I below. The total pro-rata share contribution of $1,048,700 is further broken down for each proposed residential and commercial phase. The pro-rata share contribution for each project is calculated based on the formula below: Project generated PM peak trips Fair share contribution = n_____________________________________ X (TIP projecr cost - value of right-of-way and frontage improvement) Projected Total PM peak traffic These are calculated per the table below: a Ie - ilIa2e TIP Pro-Rata Share Contribution TIP Est. TIP Project Background Fair-Share %of Map Project Name Project PM Peak Contribution Total Fees #[0 Cost Trips Volume ($$) (Distributed) la City Center Access Phase 2 $3,500,000 25 4730 $18,499 1.76% Ib City Center Access Phase 3 $2,850,000 37 5364 $19,659 1.87% Ic City Center Access Phase 4 $11,800,000 25 3755 $78,562 7.49% T b [ FW V Doc. to. TIP Est. TlP Project Background Fair-Share %of l\-lap Project Name Project PM Peak Contribution Total Fees #10 Cost Trips Volume ($$) (Distributed) ].. SR 99 Phase 3 $] 1.400.000 $/46.5/4 13. 97% S 284'" St - SR 509 J" 51 348''' St: $4.300.000 $25,617 2.44% (j" Ave S - SR 99 4** S 320''' Sf. @ IS! Ave S $6,374.000 $82.522 7.87% 5 SR 99 @ S 356th St $7,518,000 55 3,588 $115,242 10.99% 7 S 34Sth St @ I Si Ave S $2,430,000 55 4546 $29,399 2.80% 8" 10''' Ave SW/SW 344'" St: $8,632.000 $64,535 6.15% SW Campus Dr - 21S! Ave SW 9 I" Ave S @S 328th St $459,000 67 2474 $12,430 1.19% 10 S 320th St@ 2011. Ave S $1,482.000 49 3,719 $19,526 1.86% --._-_.- 11** 21" .4vc SW- SI.155.000 $4,695 0.45% I Stv 3561" St _12nd A ve SW I J** SR 99 Phase 4 $19.400.000 5220.536 21.03% SR 509 to S 312''' Sf. 13** SR 18@SR 16/ 5/. 737.000 $28.87/ 2.75% /5** S 356'h St $5,979,000 $52,790 5.03% SR 99 to SR 161 17 S 352nd St: $5,200,000 $12,324 1.18% SR 99 to SR 161 18 SW 320th St. @ 21st Ave SW $1,748,000 18 3,957 $7,951 0.76% /9** S 320''' St $6,763,000 $28.199 2.69% r" Ave S - If" Ave S 23** SW 3361h Way / SW 340''' St $7,777.000 $80,806 7.7/% from 26'h PI SW 10 Hoyt Rd Total Pro-Rata Contribution $1.048.700 100% Cost per PM Trip - (Based on 611 Total Trips) $1.717 Doc.I.D. ** TlP pro-rata contribution calculated based on segment - (All contributions are rounded to the nearest 100 dollars figure.) - As required by state law, the City shall refund collected fees if not used for the identified TIP projects within five (5) years. TIP Calculation Phase I - Residential Prior to recording of the final plat approval, or building permit issuance, whichever occurs first, the applicant may offer to pay the project's pro-rata share contribution for the Phase I residential portion in the amount of $50,9 II (30 residential PM trips X $1,717/ per PM trip). Fees collected will be allocated to each impacted TrP project as identified in Table I. TIP Calculation Phase 11- Commercial and Residential Prior to the issuance any building permits on site, the applicant may offer to pay the project's pro-rata share contribution of $3,768 for each 1,000 square feet of gross floor space proposed for any commercial building, and $541.60 per proposed residential unit up to a maximum of S5 units. The total pro-rata share contribution for all commercial buildings shall not exceed $964,600 (256,000 square feet of gross floor area). Fees collected will be allocated to each impacted np project as identified in Table I. Any remaining building(s) without a building permit application atter six years from the issuance of a Mitigated Determination of Nonsignificance (MONS) decision may be subjected to concurrency and traffic mitigation fees as adopted by the City and applicable at that time, with such fee calculated and levied as set forth within the ordinance. 2. Prior to issuance of a building permit for development on any of lots 35 through 95, the applicant shall construct/modify the traffic signal at SR 99/ 16th A venue South to accommodate the new west leg of South 340th Street for safe access into the site. The signal shall be constructed to all applicable standards and shall be reviewed and approved by the City and Washington State Oepartment of Transportation (WSDOT). This condition is deemed complete if constructed by the commercial phase of the development. 3. Prior to issuance of a Certificate of Occupancy for any conunerclal development within the southerly portion of the site, the applicant shall construct/modify the traffic signal at SR 99!16th Avenue South to accommodate the new west leg of South 340tJ. Street for safe access into the site. The signal shall be constructed to all applicable standards and shall be reviewed and approved by the City and WSDOT. 4. Prior to recording of the final plat tor the residential portion of the site, the applicant shall construct a westbound left-turn lane on South 336tJ' Street at the west site access point. The left-turn lane shall be designed and approved by the City. Please note, per FWCC Section 22-1473, the project is required to construct improvements along South 3361h Street to meet a Type E street (five-lanes). Channelization and street improvement plans shall be prepared by a professional engineer registered in the State of Washington and submitted to the City of Federal Way for review and approval in concurrence with plat infrastructure construction, and constructed prior to final plat approvaL 5. Prior to the issuance of a Certificate of Occupancy forany commercial building within the central portion of the site, the applicant shall construct a southbound right-turn lane at the north driveway on SR 99 to meet all applicable City and WSDOT standards. As identified in the TIA, the right-turn lane should be 435 feet in length, plus appropriate tapers to meet safety, and shall be constructed to all applicable City and WSDOT standards. Doc. !.D. 6. Channelization and street improvement plans shall be prepared by a professional engineer registered in the State of Washington and submitted for review and approval by the City and WSDOT in concurrence with building pemlit application and constructed prior to the issuance of a Certi ficate of Occupancy for the first commercial building within the central portion of the site. C. The comment period for the MONS concluded on March 3, 2008. Five comment letters were received (Exhibit E). The City replied to these comments, (Exhibit F) and the appeal period ended on March 17,2008, with no appeals to the City's environmental decision. The environmental decision is incorporated as though set forth in fulL IV. NATURAL ENVIRONMENT A. Soils. Topography. Slopes - The 1973 King County soils survey map lists the soils type as Everett-Alderwood Gravelly Sandy Loam (EwC), 6 to 15 percent slopes. Everett-Alderwood soils with 6-15 percent slopes are characterized by slow to medium runoff and a slight to moderate erosion hazard. Typical soils excavation will occur with the street construction, and for utility installation. The preliminary grading and utilities plan depicts clearing limits lor construction of the following facilities: street rights-of way, usable recreation area, and utility development. The applicant has proposed to clear and grade all lots with construction of plat infrastructure due to the small size of the proposed zero lot line townhouse lots and the nature of the building construction 2-5 attached units per structure. This request will be reviewed in relationship to development of a phased construction plan, as the applicant anticipates constructing the plat infrastructure and housing development in phases. The site topography is generally comprised of topographic highs in the north west portion of the site and a topographic low wetland area in the central portion of the site. Slopes are generally with gradients in the range of 5 to lO percent August 2,2007, Existing Conditions Plan prepared by ESM Engineers (Exhibit A4). B. Vegetation - Approval of the preliminary plat is subject to submittal and approval of a tree clearing plan and landscape plan pursuant to FWCC Section 20-156. City policy and FWCC Section 20-179 state that existing mature vegetation shall be retained to the maximum extent possible. This section goes on to state that for zero-lot line to\\l1house development, clearing and grading shall be allowed to accommodate the construction of the buildings. If development is to be phased, clearing and grading shall also be phased. The Federal Way Village site contains approximately 1,586 significant trees. Tree calculations were done using a representative sample of forested areas within the site and applying it to all forested areas on the site. Approximately lO.46 acres of the overall 44-acre Federal Way Village site is unforested. These areas are documented on the Preliminary Tree Retention Plan dated received August 2,2007 (Exhibit A8). Significant trees located within Wetlands I and 2 and associated buffer areas will be retained. Within these areas, it is estimated that there are approximately 737 significant trees that will be retained. Ooc.I.D. Pursuant to the provisions of FWCC Section 22-1568, removal of more than 75 percent of the significant trees requires replacement in the amount of 25 percent of the existing significant trees. For the Federal Way Yillage Master Plan site, a minimum of 25% of the existing significant trees on the subject site must be retained, which is approximately 397 significant trees. The approximately 73 7 significant trees that WIll be rctained represent approximately 46 percent of the total number of Significant trees. As the number of trees proposed for retention IS greater than 25 percent of the existing significant trees, no tree rcplacement is required for the significant trees that are to be removed. C. Wetlands - There are lour wetlands located on the overall Fcderal Way Yillage Site. Two of the wetlands (Wetlands I and 2) are located within the portion of the site where the zero-lot line townhouse subdivision is proposed. Wetland I is located in the northwestern portion of the site and is approximately 2 acres in size. Wetland 2 is approximately 2.46 acres in size and is located along the eastern boundary of the proposed subdi vision and separates the proposed subdivision from the proposed mixed use commercial portion of the Federal Way Yillage Master Plan site. Both Wetlands I and 2 meet the FWCC definition of a Category II wetland. The standard buffer for Category II wetlands is 100 teet. Wetlands 3 and 4 are located to the east of the proposed zero-lot line townhouse preliminary plat, but within the overall Federal Way Village Master Plan site. These two wetlands are proposed to be filled due to grading activities in conjunction with construction of the internal roadway network and mixed-use commercial development. The Federal Way Yillage Buffer Averaging Plan (Exhihit H), identifies the existing wetlands and associated buffer areas, proposed wetland impacts and mitigatIOn. Wetland reports prepared by Raedeke Associates [nc, and buffer averaging plans and functional assessment of the proposed buffer averaging prepared by J.S. Jones Associates. [nc provide relevant intormation about wetlands and associated wetland buffer areas: wetland function and values; endangered or threatened spccies or habitats; development impacts and proposed mitigation; for each impacted area. The Federal Way Hearing Examiner shall review the requests for filling of Wetlands 3 and 4 and wetland butler area aver.iging for Wetlands I and 2 consistent with the procedural requirements of Process N Hearing Examiner Review, as discussed in the staff report for Process IV Hearing Examiner Review of Proposed Wetland Elimination ar/d Wet/and Buffer Modification Federal Way Village Master Plan, Federal Way file number 07-102851-00-UP. Mitigation of wetland filling and wetland buffer area impacts is required under FWCC Section 22-1356. Specific wetland mitigation proposals will be presented for review and approval to the Federal Way Hearing Examiner in accordance with provisions of FWCC Section 22-1 358( d). Wetland buffer averaging is reviewed under FWCC Section 22-1359(b). D. Aquifer Recharge, Wellhead Protection Areas - The eastern half of site is located within the ten- year contour areas associated with Critical Aquiter Recharge and Wellhead Protection Areas. The applicant completed a January 23,2007, Hazardous Material Inventory Statement for the Critical Aquifer Recharge and Wellhead Protection Area (Exhibit f), and noted that the development of the proposed infrastructure will involve some of the types of hazardous materials listed in the checklist. The materials listed materials utilized in construction (e.g. paint and solvents), and fertilizers and pesticides. In addition, the applicant has noted that construction vehicles will be refueled on site. This information will be reviewed in conjunction with engineering permits. The City will continue to protect groundwater resources in site development by encouraging storm drainage infiltration where soils and topography are Doc. 1.0. conducive and requiring storm drainage systems to be detained, treated, and released in accordance with all applicable codes, polices, and regulations. Design and construction of surface drainage facilities in accordance With all applicable state and local codes, regulations, and policies, and recommended conditions of approval, as discussed in section IX-C, below, will promote and ensure protection of groundwater resources. E. Storm water Runoff-Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. The existing South 336th Regional Stormwater Detention Facility provides mitigation for the runoff rate increases under improved conditions of the development. Per the Settlement Agreement, (Exhibit J), a portion of the overall Federal Way Yillage Master Plan site will be permitted to discharge to the existing South 336th Regional Stormwater Detention Facility. For areas of the site not covered by the Agreement, rights to detention will be purchased for a fee of$5, 022.0 per gross acre. Stormwater water quality shall be mitigated using approved facilities in accordance with the 1998 King County Suiface Water Design Manual (KCSWDM) and the City's amendments to the manuaL The applicant's storm drainage Preliminary Technical Information Report (TlR), revised May 4, 2007, (Exhibit K) was reviewed by the City's Public Works Department. According to the HR., the proposed zero-lot line townhouse area flows easterly into Wetland 2 and/or West Hylebos Tributary 00 14A F. Wildlife and Habitat - The applicant submitted a September 7, 2004, Wetland Assessment prepared by Racdeke Associates (Exhibit L), that contains a wildlite inventory and assessment. According to the assessment, twenty-sevcn wildlite species or their sign were observed on-site. No state or tederally listed Endangered, Threatened, Sensitive or Candidate species were observed on the property. Two green herons, State Monitor species were observed using habitats within Wetland I on one site visit. l'io heron nests were found on-site. Songbirds observed on-site include winter wren, \vrick's wren, song sparrow, fox sparrow, American goldfinch, American robin, American crow and black-capped chickadee. Red- winged blackbirds were observed in Wetland l. Summer resident birds observed included white-crowned sparrows, barn swallows, and Swainson's thrush. A northern flicker and downy woodpecker were observed within the wetlands. Red-tailed hawks were observed flying low over Wetland L No nests were observed, although the large cottonwoods and Douglas Fir trees in Wetland I and Wetland 2 may be large enough to sup port a hawk nest. Four species of mammals were observed on the site. A cotton-tailed rabbit was observed adjacent to the northeast portion of wetland 2. Squirrel nests were seen int two trees within Wetland 2. Mountain beaver burrows were found in areas throughout the buffers of Wetland I and 2. Raccoon tracks were observed in Wetland I. Matted vegetation and deer scat suggests potential bedding by black-tailed deer. Numerous Pacific tree frogs were observed in Wetland I. Moderate numbers of snags were widely scattered in the forested wetland and buffers of Wetlands I and 2. Coarse woody debris were observed within Wetland 2, including several downed trees with exposed root wads. Each of these features could be used by a variety of wildlife. Approximately 16.58 acres of the overall 44-acre site (36 percent) is proposed as conservation open space contained in wetlands and wetland buffers. These 16.58 acres will be modified Doc. to. slightly by proposed wetland buffer averaging. The preservation of these wetlands and associated bufters, including retention of significant trees throughout the tracts, will continue to provide habitat opportunities for some types of wtldh fe. The applicant Will be required to provide fenCing and signage around the wetland buffer areas to Identify the areas and provide for the protection of wildlife within these areas. V. NEIGHBORHOOD CHARACTERISTICS A. Vicinity - The property is situated southeast of the central portion of the City in an area with a mixture of existing uses and vacant property. The area to the north of the property and across South 336th Street is largely developed with office uses. A senior housing development is located to the immediate west of the property. A mixture of light industrial, business park development is located to the southwest. Immediately south of the property is the South 336th Street Regional Stormwater Detention Facility. Immediately to the east of the proposed zero lot line subdivision is vacant land zoned Community Business (BC). This BC-zoned area represents the balance of the proposed 44-acre Federal Way Yillage Master Plan development. VI. PRELIMINARY PLAT DESIGN A. Lot Layout. Building Setbacks - The proposed subdiVision layout is located between Wetlands 1 and 2 and will be accessed via new intemal roadway network providing connection with S. 336th Street to the north and Pacific Highway South to the East. The proposed 95 lots range in size from approximately 1,560 to 3,343 SF, with an average lot size of 1,976 SF. Generally, the proposed lots are rectangular-shaped; lots 28 and 29 are pie- shaped. Access to most lots is via a 25-foot-wide pri\;ate tract - each tract serving 8 to 10 townhomes. Lots 25-28 and 56-78 are accessed via a 34-toot private roadway. Lots 52- 55 are accessed via a 60-toot minor collector. Under the FWCC, a zero-lot line townhouse lot must contain a front yard structural setback of 20 teet or 10 feet if parking is accessed from the rear yard. The rear yard structural setback is 5 feet unless parking is accessed from the rear yard and then the minimum setback is 10 feet. There is no side yard setback requirement between individual units. However, there is a side yard setback between buildings. For buildings with two to six units the minimum side yard setback is 5 feet. For buildings with more than 6 units the sideyard setback is 10 feet. There is no maximum lot coverage for zero-lot line townhouse development. However, there is a minimum on-site private open space requirement of 200 square feet on each individual lot. Compliance with minimum setback requirements and private open space will be confirmed during the Process II Site Plan Review that will be required for each townhouse building. B. Architectural Design - Architectural design for the zero-lot line townhouse buildings is addressed by "A Development Plan for Village at Federal Way" by Oonahue Design Group, dated received August 2, 2007. This document provides a set of guidelll1es that shall apply to building design within the Federal Way Village Master Plan area. The development guide was reviewed and found to be consistent with FWCC Article XIX, Community Design Guidelines. The development guide shall be applied during review of each proposed townhouse building within the Federal Way Village Master Plan area. If there is a case where the FWCC and the Development Plan for Village at Federal Way conflict, the city shall determine which standard applies to the project. Doc. 1.0. C. Open Space - To provide adequate recreational opportunities commensurate with new residential development, FWCC Chapter 20, "Subdivisions," requires dedication of/and on site tor open space. For zero-lot line townhouse development, all required open space must be provided on site. A total of 400 square feet of open space must be provided on site per each zero-lot line townhouse unit. Of the 400 square feet, a minimum of200 square feet per unit must be provided in common open usable open space and a minimum of 200 square feet must be provided as private open space on each individually platted lot. Total common open space required for this plat is 19,000 square feet (95 lots x 200 square feet per lot). To comply with the common open space requirements, the applicant has proposed 34,679 square feet of common open space located in two tracts (Tracts G and N) located along the eastern edge of the development and western edge of the buffer area associated with Wetland 2. Within these open space tracts is a pedestrian trail system and three tot lots. The total proposed square footage devoted to tot lots is 2,428 square feet (minimum required is 10% of 19,000 square feet or 1,900 square feet). The common space and pedestrian trail is proposed adjacent to the edge of the buffer area associated with Wetland 2. Due to the proximity to the wetland, open rail wood fencing and appropriate signage shall be incorporated within the pedestrian trail corridor to minimize potential for inadvertent human intrusion into the wetland and buffer. A text note addressing dedication and maintenance provisions shall be noted on the face of the final plat, and pursuant to the subdivision code, homeowners association covenants are required to be submitted for City rcview prior to final plat approval. D. Vehicular Access and Circulation - Primary vehicular access to the site will be provided from S. 336rh Street via proposed Roadway A that will run southward through the subdivision to an intersection with proposed Roadway C that will run eastward on top of an existing earthen dam that crosses Wetland 2 and through the proposed mixed use commercial portion of the Federal Way Yillage project to intersect with Pacific Highway South. A series ofprivate tracts and private Roadway B will provide access to individual lots. Pursuant to FWCC street improvement standards, all public street improvements (Roadway A from lntersection with S. 336th Street to Roadway C; and the entire length of Roadway C) must be dedicated to the City of Fcderal Way for right-of-way and must be improved to applicable City standards. See Section VII of this report tor a detailed description of the proposed roadway system and improvements. E. Pedestrian System - As proposed and required, the plat complies with the FWCC subdivision code requirements for on and off-site pedestrian circulation; providing five foot sidewalks on both sides of public interior streets (Roadways A and C). The new sidewalks will connect with existing sidewalk systems on S. 336th Street and Pacific Highway South. Private Roadways B and 0 will also have five foot sidewalks on both sides of the paved roadway. In addition, the private tracts shall have five foot sidewalks on one side of the paved roadway. A trail network is proposed in conjunction with the common open space areas that will provide an alternate north-south link through the subdivision. E. Clearing, Grading - Pursuant to FWCC Section 22-179, the preliminary plat is subject to approved preliminary clearing and grading plans, and all natural vegetation shall be retained on the site to be subdivided, except that which will be removed for infrastructure improvements or Doc. 1.0. grading as shown on approved engineering plans. The applicant has proposed to clear and grade approximately 52 percent of the site. This would include clearing areas for roadways, utilities and building sites for each of the zero-tot line townhouse buildings. FWCC 20-179 allows for the clearing and grading for the townhouse buildings. As the applicant is proposing phased development of the subdivision infrastructure and buildings, clearing and grading shall be reviewed in detail during engineering plan review in consideration of a proposed phasing plan. With the proposed clearing and grading activities for the entire Federal Way Yillage Master Plan development, the applicant would be removing approximately 54 percent of the significant trees located on the site, leaving approximately 46 percent of the significant trees and corresponding native vegetation within Wetlands I and 2 and their respective IOO-foot wetland buffer in a native b'Towth protection tract. A total of approximately 849 significant trees would be removed from the overall Federal Way Yillage Master Plan site without replacement or mitigation. The City will review the proposed grading and clearing request pursuant to FWCC Section 22- 1568(c)(I) in conjunction with engineering review. A TESC plan must be submitted with construction plans and approved by the City prior to issuance of engineering approval. F. Landscaping - The applicant's preliminary landscape plan (Exhibit A9 - A' l) provides landscapmg as required by the FWCC Chapter 20, "Subdivisions," including landscaping of street trees along public roads. As a recommended condition of preliminary plat approval, the applIcant's final landscape plan shall be prepared in accordance with the preliminary plat condlwms of approval and shall be submitted for the City's review and approval prior to issuance of a engineering approval for plat improvements. FWCC Section 22-1566(c) requires a minimum of 10 feet of Type III perimeter landscaping along arterialnghts of way. This landscaping is proposed in Tract 0 located along S. 336th Street. No other perimeter landscaping requirements apply to the proposed zero-lot line townhouse subdivision. Street trees, when mature, open space vegetation and retained vegetation within Wetlands I and 2 and their buffer areas will contribute to visual bu{Tering. The applicant's Tree Retention Plan (Exhibit A8) indicates that 849 of the total 1,586 significant trees within Federal Way Village Master Plan site will be removed; including those located in future infrastructure areas as well as townhouse building lots and commercial mixed use development on the adjacent BC-zoned portion of the site. The project will retain all siguificanttrees and vegetation within Wetlands I and 2 and their buffer areas. The applicant's preliminary landscape plan also proposes to add street trees along all public internal streets. Additional trees will be planted in conjunction within landscaping of proposed common open space areas. VII TRANSPORT A TION A. Street Improvements - As proposed and as required by the FWCC, all internal and external public rights-of-way must be dedicated by statutory Warranty Deed to the City of Federal Way and improved to all applicable FWCC street standards. Proposed road sections are shown on Road Cross Sections - Sheet PP-08 (Exhibit A5). Internal streets are designed in accordance with the City's local access street standard with certain modifications that were reviewed and approved by the Public Works Department (see modification letter - Exhibit M). The plat will contain both public and private roadways with cross-sections as depicted on Sheet PP-08 (Exhibit A5). Doc. I.D. The approved section for public Road A which runs north-south through the subdivision includes a section'S' with a 60-foot wide right-of-way, 36-foot pavement width, vertical curb and gutter, four-foot planter strips, five-foot wide sidewalks, streetlights, and street trees. This cross-section'S' will be utilized for the section of Road A located just south of its intersection with South 336th Street to the intersection with private Road 0; and the section of Road A between the north end of lots 94 and 95 to the intersection with public Road C. The approved modified section'S' for public Road A from the intersection with Road 0 south to the north end of proposed lots 94 and 95 is a 54-foot right-of-way, 30-foot pavement width, vertical curb and gutter, four-foot planter strips, five-foot wide sidewalks, streetlights ant street trees. A short section of Road A just south of the intersection with RoaCl 0 to the south end of Lot 30 has an approved modification to reduce the right-of-way width to 48 feet with a 30-foot paved section with no parking, four-foot planter strip on the east side of the road and five-foot sidewalk on both sides. This section was approved to avoid the wetland buffer associated with Wetland I. The approved section for public Road C is section '5' with a 60-foot wide right-of-way, 36-foot pavement width, vertical curb and gutter, four-foot planter strips, five-foot wide sidewalks, streetlights, and street trees. This section tapers to a modified section' Y' just to the east of the subdivision where Road C crosses Wetland 2 and the associated stream on the existing earthen dam constructed as part of the South 336th Stormwater Detention project and per the Settlement Agreement. This modified section' Y' will have a 40-foot wide right-of-way, 24-foot pavement width with no parking, vertical curb and gutter, five-foot sidewalk and streetlights. The remainder of the approved road sections will be private roads and tracts. Private Roads B and D shall have a modified section 'Y' with 34-foot wide right-of-way, vertical curb and gutter, five-foot sidewalk and streetlights. Private Tracts B, C, E, I, J, K, and L shall have a modified section 'Y' with 25-foot wide right-of-way, with vertical curb and gutter, five-foot sidewalk and street lights on one side. These private tracts shall serve between 8 and 10 townhouse units. B. Off-Site Traffic Mitigation - This proposal has been reviewed under the State Environmental Policy Act (SEP A) as discussed in Section III of this report. VIII. PUBLIC SERVICES A. Schools - As part of the City's review of the proposal, the preliminary plat application was referred to the Federal Way School District for review. Panther Lake Elementary, I1ahee Middle School, and Todd Beamer High School will serve the proposed subdivision. All middle school and high school students from this development would receive bus transportation to and from school, as these schools are over one mile from the subject site. Students attending Panther Lake Elementary will walk to school via sidewalks proposed along Road A connecting to existing sidewalks on South 336th Street and 1st Way South. School service areas are reviewed annually and may be adjusted to accommodate enrollment growth and new development. School impact fees, as authorized by City ordinance and collected at the time of building permit issuance, are currently $1,729.50 per zero-lot line townhouse unit School impact fees are determined on the basis of the District's Capital Facilities Plan and are subject to annual adjustment and update. Doc. l.D. B. Fire Protection -The Certificate of Water Availability from the Lakehaven Utility District indicates that water will be available to the site in sufficient quantity to satisfy fire flow standards for the proposed development The exact number and location of fire hydrants will be reviewed and approved by South King Fire and Rescue. IX. UTILITIES A. Sewage Disposal - The applicant proposes to serve the proposed plat by a public sewer system managed by Lakehaven Utility District. An August 30, 2006, Certificate of Sewer Availability (Exhibit P) indicates the district's capacity to serve the proposed development through a Developer Extension Agreement (DEA) between the applicant and the district. B. Water Supply - The applicant proposes to serve the subdivision with a public water supply and distribution system managed by the Lakehaven Utility District. The August 30, 2006 , Certificate of Water Availability (Exhibit Q) indicates Lakehaven's capacity to serve the proposed development through a Developer Extension Agreement (DEA). B. Drainage Facilities - Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the 1998 KCSWDM and the City's amendments to the manuaL The existing South 3361h Regional Stormwater Detention Facility provides mitigation for the runoff rate increases under improved conditions of the development. Per the Settlement Agreement, (Exhibit J), a portion of the overall Federal Way Village Master Plan site will be permitted to discharge to the existing South 336th Regional Stormwater Detention Facility. For areas of the site not covered by the Agreement, rights to detention will be purchased for a fee of $5,022.0 per gross acre. Stormwater water quality shall be mitigated using approved facilities in accordance with the 1998 King Cour/ty Surface Water Design Manual (KCSWDM) and the City's amendments to the manuaL The applicant's storm drainage Preliminary Technical Information Report (TIR), revised May 4, 2007, (Exhibit K) was reviewed by the City's Public Works Oepartment. According to the TIR, the proposed zero-lot line townhouse area flows easterly into Wetland 2 and/or West Hylebos Tributary 00 14A. The applicant is proposing to convey roof runoff from the townhouse units to Wetland 2. The applicant's engineer and wetland biologist shall coordinate efforts and provide documentation showing how the roof runoff will be sent to the wetland(s) in a controlled manner and that the amount of roof runoff going to the wetlands will sustain wetland and wetland buffer health and function. Final review and approval of the storm drainage facilities as shown on the engineering plans will occur in conjunction with full drainage review. Stormwater design and plat drainage elements must conform to the standards, policies, and practices of the City of Federal Way's Surface Water Management Division as outlined in the adopted KCSWDM and City amendments, the Comprehensive Surface Water Management Plan, and the Storm water System Operation and Maintenance Manual. The approved storm drainage facilities must be constructed per City code requirements, prior to final plat approval and recording of the subdi vision. Doc. 1.0. x. ANAL YSIS OF PRELIMINARY PLAT DECISIONAL CRITERIA The FWCC establishes review procedures and decisIOnal criteria tor 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 e,'Caminer for public hearing. The preliminary plat application and the recommendation of the hearing exam1l1er are submitted to the City Council tor approval or disapproval. Hearing Examiner Preliminary Plat Decisional Criteria - Pursuant to FWCC Section 20-1 26(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. 1. The project is consistent with the comprehensive plan. Staff Comment: The application is subject to the adopted Federal Way Comprehensive Plan (FWCP), which designates the property as Multifamily. The proposed land use, Residential Multifamily 2400, with 1,500 square foot minimum lot size (RM-2400), is consistent with density allowances and policies applicable to this land use as established in the FWCP. 2. The project is consistent with aU applicable provisions of the chapter, including those adopted by reference from the comprehensive plan. Staff Comment: 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 proposed, and with conditions as recommended by staff. the preliminary plat will comply with all provisions of the chapter. 3. The project is consistent with the public health, safety. and welfare. Staff Comment: The proposed preliminary plat would permit development of the site consistent with the current Multifamily Residential land use classification of the FWCP and map. Proposed access and fire hydrant locations must meet all requirements of South King Fire and Rescue. Future development of the plat in accordance with applicable codes and regulations will ensure protection of the public health, safety, and welfare. 4. It is consistent with the design criteria listed in FWCC Section 20-2. Staff Comment: The proposed preliminary plat would promote the purposes identified in FWCC Section 20-2 and the standards and regulations therein, as identified in the staff report, including effective use of land, promotion of safe and convenient travel on streets, provision for the housing needs of the community, protection of environmentally sensitive areas, and preservation of approximately 38 percent of the site as permanent open space. As proposed, and with conditions as recommended by City staft: the preliminary plat application complies with all provisions of the chapter. 5. It is consistent with the development standards listed in FWCC Sections 20-151 through 153, and 20-156 through 187. Doc. J.D. Staff Comment: Development of this site is required to comply with the provisions of FWCC Chapter 20, "Subdivisions"; Chapter 18, "Environmental Protection"; Chapter 22, "Zoning"; and all other applicable local and state development codes and regulations. As proposed, and as recommended by City staff, the preliminary plat application complies with all applicable statutes, codes, and regulations. XI. FINDINGS OF FACT Based on an analysis of the preliminary plat application, environmental record, and related decisional criteria, the Department of Community Development Services finds that: L The proposal is to subdivide a vacant 25.47 acre site into 95 zero-lot line townhouse residential lots with two wetland/open space tracts. Two wetlands and their associated toO-foot burter areas are located on the east and west sides of the proposed. A separate Process IV request for wetland elimination (associated with commercial development on a portion of the Federal Way Village site outside of the proposed subdivision) and wetland buffer averaging for purposes of lot establishment, a pedestrian trail, and roadways has been forwarded to the Federal Way Hearing Examiner. 2. The proposed zero-lot line townhouse residential subdivision is consistent with the existing Federal Way zoning and comprehensive plan designations. 3. The subject property contains environmentally sensitive areas as delined by the Federal Way City Code (FWCC), including four regulated wetlands (Wetlands I and 2 within the portion of the site to be subdi vide and Wetlands 3 and 4 on the adjacent portion of the site to be developed with mixed-use commercial uses). The site is also within the Ten Year contour areas associated with the Critical AquiferRecharge and Wellhead Protection Areas. The City reviewed the applicant's specialized studies and material checklists related to sensitive areas, wetland determination and buffer averaging plan, and Hazardous Material Inventory Statement as part of environmental review and recommendations found in these reports have been applied in the MONS, reflected in preliminary plat conditions, and torwarded to the Federal Way Hearing Examiner as appropriate. The applicant proposed to eliminates wetlands 3 and 4; mitigation for wetland elimination has already been implemented as part of the construction of the South 336th Regional Stormwater Detention Facility located just south of the proposed development. Design and construction of plat improvements in accordance with all state and' local codes, policies, and regulations, and with all conditions as recommended, will ensure protection of environmentally sensitive areas and provide for the public health, safety, and welfare. 4. A Mitigated Environmental Determination of Nonsignijicance (MONS) was issued for this proposed action on February 16, 2008, based on a Staff Evaluation of Environmental Checklist. Mitigation measures for transportation were applied to the project in the MONS. Five written comment were received regarding public transportation in the vicinity, potential of a private well located on adjacent property, the potential for archeological sites to be located on site and questions about the proposed wetland buffer averaging. No appeals of the environmental determination were filed with the City. Pursuant to the FWCC, MONS mitigation measures become conditions of project approval. 5. The preliminary plat was reviewed and determined to be consistent with all preliminary plat decision criteria set forth at FWCC Sections 20-126(c)(1) through (5), including consistency with the comprehensive plan; consistency with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan; consistency with the public Doc. I.D. health, safety, and welfare; consistency with the design criteria listed in FWCC Section 20-2; and consistency with the development standards in FWCC Sections 20-151 through 20-153, and 20-156 through 20-187. 6. Lot sizes of the 95 proposed lots meet or exceed the underlying required minimum lot size of L500 SF; and range in size from 1.560 to 3,343 SF, with an average lot size of 1,976 SF. 7. The applicant's proposed grading plan clears approximately 62 percent of the site, including 54 percent of existing significant trees, in conjunction with street and utility construction, and clearing of lots for construction of zero-lot line townhouse buildings. City staff will review the grading request subject to review of a final grading plan and subject to all conditions of preliminary plat approval. Mass Grading requests can generally be approved at the time when construction plans are 80% complete. The applicant's request for mass grading will also be evaluated within the context of proposed project phasing. Generally, grading activity is permitted for each phase as it is constructed. Areas that are not proposed for immediate construction must be vegetated as soon as vegetation is complete. This note must be included on the plans. A TESC will be required to eliminate stockpile-related erosion and aesthetic issues and provide protection of critical areas. 8. The applicant proposes to eliminate wetlands 3, and 4, and also proposes wetland buffer averaging for buffers associated with Wetlands I and 2. These requests are subject to a Process IV Hearing Exammer' s deCision pursuant to FWCC Section 22-13 12( c) and FWCC Chapter 22, Article XYI. Denial or modificatIOn of the requests will require modification of the proposed subdi vision design. 9. The applicant's significant tree inventory indicates approximately 737 of an estimated 1,586 sib'l1ificant trees will be retained within the areas contained within Wetlands I and 2 and their associated 100-foot buffer areas. All sif,'11iticant trees and ve"getation withll1 the wetlands and their associated bufter areas will be retained in Native Growth Protection Tracts (NGPT's). 10. The applicant has proposed a pedestrian trail that will run north-south through the site linking common open space tracts and tot lots adjacent to the buffer area associated with Wetland 2. The proposal results in preservation of approximately 16.58 acres (or 38 percent) of the overall 44-acre Master Plan site in conservation open space, with approximately 34,679 square feet in usable open space. II. The City's Public Works Traffic Division has reviewed and concurred with the applicant's Village at Federal Way Traffic Study prepared by TransportatiOn Engineenng Northwest, LLC. The MONS requires the applicant to construct or voluntarily contribute the project's pro-rata share to the City's impacted TIP projects, which will address impacts to the transportation system. 12. Public access will be provided by construction of Road A connecting with South 336th Street to the north and construction of Road C connecting with the proposed mixed use commercial portion of the Federal Way Village to the east and Pacific Highway South. Plat layout provides for good vehicle and pedestrian circulation in accordance with all applicable right-of-way improvement requirements. In accordance with the FWCC, all public stfeetimprovements must be dedicated as City right-of-way. The City's Public Works Traffic Division has reviewed the project and concluded that the proposed street layout is consistent with the adopted codes and comprehensive plan in place at the time of the complete application. Doc. to. 13. The application was routed to the Federal Way School District for review and comment Based on information provided by the school district, the site will be served by Panther Lake Elementary School, Middle School, and Todd Beamer High SchooL Middle school and high school students from the plat will be bussed from existing nearby stops, or new and additional stops as the district may determine appropriate for the conditions. Elementary school students will walk to school via new Sidewalks constructed within the subdivision connecting to existing sidewalk and roadway corridors. 14. This project is vested to the 1998 King County Surface Design Manual (KCSWDM) and the City 0 Federal Way addendum to the KCSWDM, subject to the legal and binding agreements associated with the properties. Level I Flow control and Resource Stream water quality requirements as outlined in the KCSWDM will be met Development of the Federal Way Village Master Plan site is included in the detention capacity of the South 336th Street Regional Stormwater detention facility located south of the project site. Portions of the site will need to purchase the right for a fee of $5,022.00 per gross acre. A Settlement Agreement between the City of Federal Way and Campus Gateway and Associated effective May 1996 allowed the construction of a regional detention facility and conveyance improvements within the subject site and specifies that the property owners will not be required to provide on-site detention and will be allowed to discharge to the regional facility. The applicant's TfR was reviewed and accepted by the City's Public Works Department. The applicant proposes to direct roof runoff from townhouse lots into Wetland 2. The applicant's engineer and wetland biologIst will be required to provide documentation showing how the roof runoff will be sent to the \vetland(s) in a controlled manner and that the amount of roof runoff going to the wetlands will sustain wetland and wetland buffer health and function. 15. The preliminary plat application was reviewed for consistency with all applicable state and local codes, policies and regulations, including the Federal Way Comprehensive Plan (FWCP); Federal Way Ci(V Code (FWCC) Chapters 18, "Environmental Policy"; 19, "Planning and Development"; 20, "Subdivisions"; 21, "Surface and Stormwater Management"; Chapter 22, Articles XIV, "Environmentally Sensitive Areas"; "Use Zone Chart 22- "Landscaping" XIX, "Community Design Guidelines"; and XVI, "Improvements"; the 1998 King County Surface Water Design Manual; and King County Road Standards. As proposed and recommended by staff, the preliminary plat is consistent with the FWCP and all other applicable codes and regulations. 16. 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. 17. As proposed and recommended by staff, approval and development of the proposed preliminary plat will ensure consistency and compatibility with existing surrounding uses, and densities. 18. Pursuant to the FWCC, prior to final plat approval and recording, all required and approved improvements will be constructed, or the improvements appropriately bonded, per City code requirements. XII. RECOMMENDA nON Doc. 1.0. Based on review of the applications, environmental record, and pertinent decisional criteria, the Department of Community Oevelopment Services recommends that the Hearing Examiner recommend approval of the preliminary plat; and approve the Process IV component of the application, subject to the following conditions: L Prior to the City's approval of engineering plans, the applicant shall submit a final landscape plan, prepared by a licensed landscape architect, addressing tree preservation within the plat, all landscaping within plat boundaries, wetland buffer area planting, restoration of any open space areas disturbed by plat infrastructure construction, and street trees for review and approval by the Directors of Community Development, Public Works. Prior to submittal to the City, the landscape plan shall be reviewed and signed by a qualified wetland biologist and shall reflect all applicable recommendations and/or conditions contained in the Hearing Examiner Decision to be issued on the Process IV decision (City of Federal Way File No. 07-102851-UP regarding proposed buffer averaging for Wetlands 1 and 2. Pursuant to FWCC Sections 22-1243 and 22- 1356(b) the City may require the applicant to pay for the services of a wetland biologist to review plans, provide recommendations, and conduct inspections and/or monitoring on behalf of the City, as determined by the Community Development Director. 2. Prior to the City's approval of engineering plans, the applicant's engineer and wetland biologist shall coordinate eftorts and provide documentation showing how the roof runoff will be sent to the wetlands in a controlled manner and that the amount of roof runoff going to the wetlands will sustain wetland and wetland buffer health and function Pursuant to FWCC Sections 22- 1243 and 22-1356(b), the City may require the applicant to pay for the services of a wetland biologist to review plans. provide recommendations, and conduct inspections and/or monitoring on behalf of the City, as determined by the Community Development Director. 3. Prior to the City's approval of engineering plans, the applicant shall submit detailed design drawings (including elevation and section details) for any proposed rockeries and retaining walls associated with plat construction. Rockery and retaining wall design must retlect residential scale, design, and senSitivity of materials or treatment, including use of vegetation and/or terracing, where they are visible from adjacent residences or usable open space. 4. All on-site fencing associated with plat construction is subject to the City's final review and approval of design, location, and any screening. Fencing shall allow tor the migration of small wildlife animals, where appropriate. Any chain link fencing, if approved by the City, shall be vinyl coated black or green and shall be screened with vegetation. 4. Prior to final plat approval, open rail fencing, appropriate vegetation, and appropriate signage shall be installed to separate the common open space areas, pedestrian trail and residential lots from Wetland I and 2 buffer areas. 5. The final plat drawing shall establish sensitive areas open space tracts for both Wetland I and Wetland 2 and their associated buffer areas to be owned in common an maintained by property owners of the proposed subdivision and shall prohibit removal or disturbance of vegetation and landscaping within these tracts except as necessary for maintenance or replacement of existing plantings and as approved by the city. A note shall be included on the final plat map that the sensitive areas open space tract shall not be further subdivided, may not be developed with any buildings or other structures, and may not be used for financial gain. Doc. 1.0. 6. The final plat drawing shaH dedicate aU usable open space in open space tracts to be owned in common and maintained by property owners of the proposed subdi vision, and shall prohibit removal or disturbance of vegetation and landscaping within these tracts, except as necessary for maintenance or replacement of existing plantings and as approved by the City. Additional vegetation may be located in open space tracts to meet conditions as approved by the City. A note shall be included on the final plat map that the open space tract shall not be further subdivided, may not be developed with any buildings or other structures except as may be approved by the City for recreational purposes only for the benefit of the homeowners, and may not be used for financial gain. 7. Prior to issuance of a construction permit, the applicant must record a Boundary Line Adjustment (BLA) with the King County Department of Elections and Records at the applicant's expense. Said BLA shall establish a separate lot that is consistent with the proposed boundaries of the proposed Zero-Lot Line Townhouse development. The BLA shall also establish a separate lot that is consistent with the boundaries of Wetland 2 and its associated buffer area. The remaining proposed lots establish parcel boundaries that are consistent with the proposed internal street network. 8. Prior to issuance of a construction permit for any zero-lot line townhouse building within the proposed subdivision, the applicant must record an Aftordable Housing Agreement that establishes that a minimum of five (5) units (95 units x 5% = 4.75 - rounds up to 5) within the Federal Way Yillage zero-lot line subdivision plan area will remain affordable as defined in Section 22-976(b) of the FWCC for the lite of the project. Such agreement shall be in a form approved by the City and must be recorded with the King County Department of Elections and Records at the applicant's expense. This agreement shall be a covenant running with the land, binding on the assigns, heirs, and successors of the applicant. 9. Prior to issuance of construction permit tor any zero-lot line townhouse building on the Federal Way Yillage site, detailed building and site plans and any minor site plan modifications shall be submitted and reviewed via Process n, Site PI~n Approval. The following shall be considered as part of this review in addition to applicable sections of the FWCC: a. Compliance with Comprehensive Plan Amendment Ordinance 05-490, as amended by Ordinance 07-556; and b. Consistency with design guidelines established in "A Development Plan for Village at Federal Way" (received August 2, 2007). In cases where the development plan guidelines and City zoning ordinance standards conflict, the City shall determine which standard applies. XIII. LIST OF EXHIBITS A A I - Reduced Scale Preliminary Plat Map/ revised January 15, 2008 A2 - Preliminary Plat - North, revised January 15, 2008 A3 - Preliminary Plat - South, revised January 15,2008 A4 - Existing Conditions, revised August 2, 2007 3 Full size plan set to the Federal Way Hearing Examiner Doc. 1.0. AS - Road Cross Sections revised, January 15,2008 A6 - Preliminary Grading and Utility Plan Sheet PP-6, revised August 2, 2007 A 7 - Preliminary Grading and Utility Plan Sheet PP - 7, revised August 2, 2007 A8 - Preliminary Tree Retention Plan, revised August 2, 2007 A9 - Preliminary Landscape Plan Sheet PP-IO, revised August 2, 2007 A 10 - Preliminary Landscape Plan Sheet PP-Il, revised August 2, 2007 A II - Preliminary Landscape Plan Sheet PP-12, revised August 2, 2007 Al2 - Open Space Plan, revised January 15,2008 B. Vicinity Map C. MONS Issued February 16,2008 D. Staff Evaluation with SEP A Checklist E. Comment Letters Received Following MONS EI - DNR (e-mail) E2 - Muckleshoot Indian Tribe Fisheries Division (e-mail) E3 - Department of Archeology and Historic Preservation E4 -King County Metro (e-mail) E5 - Harry Horan F. City Response Letters to MDNS comments F I - Response letter to DNR F2 - Response letter to Muckleshoot Indian Tribe Fisheries Division F3 - Response letter to Department of Archeology and Historic Preservation F4 -Response letter to King County Metro F5 - Response letter to Harry Horan G. Director's Process [[[ Oecision lor the Federal Way Yillage Master Plan and Findings, Issued January 25, 2008 H. Buffer Averaging Plan, prepared by J.S. Jones and Associates, Inc, revised December 5, 2007 L Hazardous Material Inventory Checklist, January 23,2007 J. Settlement Agreement J. Geotechnical Engineering Study Federal Way Yillage, prepared by Earth Consultants, Inc, received January 23,2007 K. Preliminary Technical Intormation Report (TIR) prepared by ESM Consulting Engineers, revised May, 9, 2007(includes Settlement Agreement) L. City Right of Way Modification, Ll- Letter dated August 28, 2007 approving modification request L2- Letter dated October 1,2007 denying subsequent modification request M. Traffic Impact Analysis M I - Village at Federal Way, Updated Transportation Impact Study prepared by Transportation Engineering Northwest, LLC, July 16,2007 M2 - Memorandum dated February 11, 2008 revising Updated Transportation Impact Study dated July 16, 2007. N. School Access: E-Mail from Federal Way School District dated October 29. 2007 O. Certificate of Sewer Availability P. Certificate of Water Availability TRANSMITTED TO THE PARTIES LISTED HEREAFTER: Federal Way Hearing Examiner Doc. 1.0. Doc. 1.0. 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I J - L' , \. ..,------ ~;--~ '( /' .--"/--- /)i' ..-_ / ,- ;;y/ /1 =- -=- -=- -=- -'" ~ <ie -----:..../ .~ # A3 OF ( EXHIBIT PAGE l - - .. - -. '"" -.r<", ....... -_...__..~-.-~'.____l'_'-".,\ .. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, W ASIDNGTON, APPROVING FEDERAL WAY VILLAGE PRELIMINARY PLAT, FEDERAL WAY FILE NO. 06-106382-00 SUo WHEREAS, the applicant, Federal Way Village, LLC, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Federal Way Village, and consisting of approximately 25.47 acres into ninety-five (95) zero-lot line townhouse residential lots located at the southwest comer of South 336th Street and Pacific Highway South; and WHEREAS, on February 16, 2008, an Environmental Mitigated Determination of Nonsignificance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), Chapter 43.21C ofthe RCW; and WHEREAS, the Federal Way Hearing Examiner on April 16,2008, held a public hearing concerning the Federal Way Village preliminary plat; and WHEREAS, following the conclusion of said hearing, on April 30, 2008, the Federal Way Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of the Federal Way Village 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 June 2, 2008, the City Council Land Useffransportation Committee considered the record and the Hearing Examiner recommendation on Federal Way Village preliminary plat, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 ofthe RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed Federal Way Village preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and Res. # ,Page I File _-J 06382-00-SU I Doc ID 45408 WHEREAS, on June 17, 2008, the City Council considered the record and the Hearing Examiner recommendation on Federal Way Village preliminary plat, pursuant to Chapter 20 of the Federal Way City Code, Chapter 58.17 of the 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. 1. The findings of fact and conclusions of the Hearing Examiner's April 30, 2008, Findings of Fact, Conclusions of Law and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed 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 Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, Federal Way Village preliminary plat, Federal Way File Number 06-106382-00-SU, is hereby approved, subject to conditions as contained in the April 30, 2008, 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 Res. # , Page 2 File #06-106382"()().SU I Doc 1045408 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. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. 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 ,2008. Res. # , Page 3 File #06-106382-00-SU I Doc ID 45408 CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, LAURA HATHAWAY APPROVED AS To FORM: CITY ArrORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERIC PASSED By THE CITY COUNCIL: RESOLUTION No. Res. # , Page 4 File #06-1 06382-00-SU I Doc ID 45408 COUNCIL MEETING DATE: June 17,2008 ITEM #: 6a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PUBLIC HEARING - STATE AUDIT RESULTS FOR OPEN PUBLIC RECORD PRACTICES. POLICY QUESTION: N/A COMMITTEE: N/ A MEETING DATE: N/A CATEGORY: D Consent D City Council Business .~!~}~:~...~!>.2~!..~~.:......!:.~~~Ji~~h~~~y_ D Ordinance D Resolution ~ D Public Hearing Other DEPT: City Clerk Attachments/Background: Result pages for the City of Federal Way from the May 19, 2008 State Auditor's Performance Audit Report. STAFF RECOMMENDATION: None CITY MANAGER ApPROVAL: N/A DIRECTOR ApPROVAL: N/A Committee N/A Council Committee COMMITTEE RECOMMENDATION: N/ A N/A Committee Chair N/A Committee Member N/A Committee Member PROPOSED COUNCIL MOTION: N/A (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 # t ST reading Enactment reading ORDINANCE # RESOLUTION # TO: City Council FROM: Laura Hathaway, City Clerk DATE: June 9, 2008 SUBJECT: Performance Audit Report The State Auditors Office conducted an audit regarding the Open Public Records Act in late 2006/early 2007. They chose 30 public agencies to participate in this audit; 10 State Agencies, 10 County Governments and 10 Cities. The final audit report was released on May 19, 2008 and requires a Public Hearing before the City Council within 30 days. As stated in the Auditor's report, by and large most of30 entities provided good customer service in responding to public records request - Federal Way included. The report shows the City was responsive to 9 out of 10 requests. The City was responsive to 10 out of 10 requests. One request was submitted via email. The records requested were provided via email by replying to the address submitted but the requestor did not receive the response email. The City shows the request was sent from our system and does not know why the requestor did not receive the materials. The City met with the Auditors office after the draft report was issued and requested this change on the report. The Auditor's office lists this one response as "Entity response was drafted or issued, but not received by the requestor". Two other responses were listed as slower than average. The City attributes that to staff resources available. Washington State Auditor's Office Performance Audit Report Open Public Records Practices at 30 Government Entities - Report #1000011 40 35 VI 30 >. ~ 0 VI 25 VI QJ c: 20 'Vi ::l co 15 .... 0 lu 10 .c E 5 ::l Z 0 . 35 , I r I C I: I I I I: I C C I: I E I: a: E I: II: I: I: I: C I: C E I: . I: -= . About City of Federal Way The City of Federal Way's population is approximately 87,390 citizens in King County and operates under a council-manager form of government with seven elected Council Members. The Council elects one member each to serve as Mayor and Deputy Mayor for two-year terms. The City Manager is appointed by the Council and is responsible for day-to-day operations of the City. The City's public records process is centralized as the City's Public Records Officer is located in the City Clerk's Department. The Officer relies on individual departments to gather records in response to requests. The Public Records Officer was our primary point of contact. Conforming responses to the initial request - 9 out of 10 Requests City of Federal Way Responsiveness to 10 Requests . . Sufficient response received . Entity directed requestor to resubmit the request to another department within the entity . Request not received by the entity's Public Records Officer . Entity response was drafted or issued, but not received by the requestor Responsiveness - 10 Requests - Compared to Average for Cities City of Federal Way Response time versus average for cities (Based on response to initial request for records) 19 o 1 Travel Vacation Information Out of State Employee Vouchers Records Technology Travel Recognition Director Job Awards Description Request Description Business days to obtain record . Average business days for all cities 104 IJ ., . . 1:1 . . 1m . lC . II . II 1;1 A Ii; IQ I:; ~ 1:4 I:; I; I; II II . a r; II I ~ istening to citizens is a cornerstone of the State Auditor's Office performance audit program. In the spring of 2006, we sought thoughts and ideas from citizens about the direction of the new program. We conducted another round of citizen outreach in the fall of 2007. In all, we have engaged more than 1,000 citizens in our outreach efforts. At each outreach forum, citizens have ranked government accountability as their most important measure of government performance, followed by efficiency and effectiveness. Random samples of registered voters around the state consistently echo that ranking. In discussions at our outreach engagements, citizens expressed frustration that they can't know whether government is accountable without openness, which many feel is generally lacking at all levels of government, from Overarching Conclusion Our audit work revealed that, by and large, most of the 30 entities we audited are providing good customer service in responding to public records requests. We tested the entities' performance by submitting 10 public records requests to each entity like a citizen would and identified some trouble spots in which entities need training on t.he Public Records Act; have problems tracking requests; or are unable to receive them due to e-mail filters or other issues with their mail systems. We identified best practices that the audited entities should consider in order to improve their performance. Those best practices are contained in this report on page 33 and are: · The Washington Public Records Act · The Washington Attorney General's model rules for paper and electronic records. · Entities' performance Our overarching conclusion is that most of the selected entities responded cooperatively and in a timely manner to our public records requests. cities to counties to state agencies. The results of our citizen outreach - the things citizens tell us they want to know about government - factor into each and every performance audit we undertake. Access to public records is a fundamental right of every citizen, regardless of whether that citizen is an "average" citizen or an elected official, a retiree, a business owner, or a student. Conversely, providing access to public records is a fundamental obligation of government entities, from the smallest special-purpose district to the largest state agency to private-public partnerships, such as public development authorities. The State Auditor's Office chose this audit based on all of those factors. We chose this performance audit because it is a basic measure of government accountability and transparency. Overarching Recommendations We developed the following overarching recommendations: · We recommend that entities institute as many elements as possible from the best practices in this report and the Washington Attorney General's model rules regarding paper and electronic records. · The Washington Attorney General's Office should create standard, formal training curriculum, which mayor may not include a credential, for all public records officers in the state based on the model rules. The Washington Legislature should provide funding to the Attorney General's Office to establish and maintain this training curriculum. The State and each local government will be responsible for arranging the training for its public records officer(s) and ensuring new public records officers receive the training. · We recommend entities consider tracking costs associated with responding to requests as a tool that management can use to determine appropriate levels of staffing and resources. / 3 COUNCIL MEETING DATE: June 17,2008 ITEM#: ,A CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CANCELLATION OF AUGUST 19,2008 CITY COUNCIL REGULAR MEETING POLICY QUESTION: Should the City Council cancel the second regular meeting in August? COMMITTEE: N/ A MEETING DATE: N/A CATEGORY: D Consent I8J City Council Business D Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: DEPT: Background: For the past several years, Council has cancelled its second meeting in August to allow for summer vacations for Councilmembers and staff. Options Considered: 1. Cancel the August 19,2008 Regular Meeting 2. Conduct the August 19,2008 Regular Meeting STAFF RECOMMENDATION: N/A CITY MANAGER ApPROVAL: N/A DIRECTOR ApPROVAL: N/A Committee N/A Council Committee COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to susper/d the Council Rules of Procedure for the purpose of canceling the August 19,2008 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 # COUNCIL MEETING DATE: June 17,2008 ITEM#:~ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Proposed 2008 - 2010 Police Support Services Association Collective Bargaining Agreement POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED 2008 - 2010 COLLECTIVE BARGAINING AGREEMENT WITH THE FEDERAL WAY POLICE SUPPORT SERVICES ASSOCIATION AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAID AGREEMENT THAT HAS BEEN RATIFIED BY THE POLICE SUPPORT SERVICES ASSOCIATION? COMMITTEE: N/A MEETING DATE: CATEGORY: o Consent [gI City Council Business o Ordinance o Resolution o o Public Hearing Other .~TAF.!_~!:'.2~T_~y':.__.~ AT RI~~.~g~2..~!:I.:y'_~!!Q~_r:::x..._.. DEPT: Law The Police Support Services Association and the City began negotiations in February 2008 for a successor Collective Bargaining Agreement, because the existing Agreement expired December 31, 2007. The Police Support Services Association has ratified the Agreement. The Agreement includes the employee benefit package that is being provided to non-represented employees. The other areas of change in the agreement are the issuance of uniforms. The City's bargaining team recommends that Council approve the proposed 2008-2010 Agreement and authorize the City Manager to execute the document. Attachments: Proposed 2008-2010 Collective Bargaining Agreement with the Federal Way Police Support Services Association. Options Considered: 1. Approve the 2008-2010 Collective Bargaining Agreement with the Federal Way Police Support Services Association, and authorize the City Manager to execute the document. 2. Reject the proposed Agreement for the parties to continue negotiations. STAFF RECOMMENDATION: Approve the proposed Agreement and authorize the City Manager to execute said agreement. ommittee DIRECTOR ApPROVAL: MIA dommittee PM- Council CITY MANAGER APPROVAL: 1J)l1 Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "] move approval of the 2008 - 2010 Collective Bargaining Agreement for the Police Support Services Association and authorize the City Manager to execute said Agreement. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDillEFERRED/NO ACTION COUNCIL BILL # 1 ST reading Enactment reading o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 ORDINANCE # RESOLUTION # K:\agenda item\council\2008\pssa 2008-2010 agenda bill CITY OF FEDERAL WAY AND POLICE SUPPORT SERVICES ASSOCIATION PREAMBLE The collective bargaining agreement (the Agreement) herein contains the entire agreement between Federal Way Police Support Services Association (hereinafter called the Association) and the City of Federal Way, Washington (hereinafter known as the City). The purpose of the City and Association in entering into this agreement is to set forth their complete agreement with regard to wages, hours and working conditions for the employees in the bargaining unit. ARTICLE I - RECOGNITION AND BARGAINING UNIT Section 1.1 Recoanition of the Unit The City recognizes the Association as the sole and exclusive bargaining representative for the bargaining unit described as all full time and regular part-time special commission and non-commissioned employees of the City of Federal Way Department of Public Safety, excluding supervisors, confidential employees and all other employees. The Association agrees that Records Supervisors shall be excluded from the bargaining unit. Section 1.2 Bulletin Board The City shall permit the use of a bulletin board by the Association for the posting of notices relating to official Association business, so long as the notices posted are not inflammatory or otherwise detrimental to the operation of the Department. Section 1.3 Association Officials Release Time A. Time off with pay shall be limited to regular negotiations sessions between the City and the Association negotiating team members during their scheduled duty hours, up to a limit of three members off with pay at a time. B. The Department shall afford Association representatives a reasonable amount of time while on-duty to consult with appropriate management officials, Association counsel and/or aggrieved employees, provided that the Association representatives and/or aggrieved employees contact their Police Support Services Association Collective Bargaining Agreement 2008-2010 1 immediate supervisors, indicate the general nature of the business to be conducted, and request the necessary time off. Such time off will not be allowed whenever the City reasonably determines it will interfere with Department operations, and Association representatives shall not use excessive time in handling such responsibilities. The Association shall give the City as much advance notice as reasonably possible of such time off requests. ARTICLE 2 - MEMBERSHIP AND DUES DEDUCTION Section 2.1 Dues Deduction The parties agree to the following: 2.1.1 The deduction of monthly dues uniformly levied by the Association for those employees who elect to become members of the Association and who request in writing to have their regular monthly Association dues deduction checked off on the basis of individually signed voluntary check-off authorization cards; 2.1.2 All employees who elect not to become members of the Association shall, in lieu of Association membership, as a condition of employment, pay to the Association a regular monthly service fee equal to the Association dues schedule in effect for that employee as a monthly contribution towards the administration of this agreement. Such fees shall not exceed the maximum agency fee allowed by law. Employees failing to honor their union security obligations shall be discharged after thirty (30) days written notice, at the request of the Association; 2.1.3 Each month, the City shall remit to the Association, all dues deducted together with a list of employees and the amount deducted from each employee. The City agrees to notify the Association of new employees within thirty (30) calendar days of the date of hire. 2.1.4 Hold Harmless. The Association agrees to defend, indemnify and hold the City, its officers, directors, employees and agents harmless from any and all claims, demands, actions, and liabilities (including attorney's fees) arising from resulting from or connected with the City's compliance with this Article. 11/ I 1111 ARTICLE 3 - EMPLOYMENT PRACTICES Police Support Services Association Collective Bargaining Agreement 2008-2010 2 Section 3.1 Seniority Definition For purposes of shift bidding, vacation bids, and layoff and recall, seniority shall be defined as the employee's length of continuous service within their classification. For all other purposes, seniority shall be defined as the employee's length of continuous service with the City's police department. Seniority shall be broken by resignation, termination for cause, layoff without recall for a period of 12 consecutive months, illness, injury or other leave of twelve (12) consecutive months. Section 3.2 Lavoff Should it become necessary due to budgetary conditions, lack of work, or any other reasonable cause, to reduce the number of employees in this unit, the following basic provisions will apply: A. Order of layoff shall be determined by job classification. Regular employees will be retained on the basis of job performance. Relative job performance will be determined based upon relative qualifications, experience, and job performance evaluations. If job performance is equal, seniority in the classification will be the determinative factor. B. Employees affected by the reduction in force shall receive thirty (30) calendar days notice of such layoff, or pay in lieu thereof. Section 3.3 Establishment of Reinstatement Reaister A. The names of employees who have been laid off shall be placed upon a reinstatement register for the same classification from which laid off. This reinstatement register shall be in effect for one (1) year from the date of layoff, and shall take priority over other hiring or promotional lists. B. Refusal to accept a recall from the reinstatement register for employee's former classification shall terminate all rights granted under this Agreement, and the employee shall be removed from the register. C. Order of Reinstatement. If a vacancy is to be filled from the reinstatement register, recall shall be made on the basis of length of service within the classification. The regular employee on such register who has the most service credit shall be first reinstated. Section 3.4 Emplovment Status When Reinstated Police Support Services Association Collective Bargaining Agreement 2008-2010 3 In the event a employee leaves the service of the City due to a reduction in force and within the next year the City rehires said former employee in the same classification to which assigned at the date of reduction, such employee shall be placed at the step in the salary range which the employee occupied at the time of the reduction. Section 3.5 Non discrimination It is agreed that the City will not discriminate on the basis of age, sex, marital status, race, creed, color, religion, national origin, ancestry, disability or activity protected by RCW 41.56. Section 3.6 Personnel Files All personnel records are maintained in compliance with the laws related to public records. Each employee is entitled to review and have photocopied his or her personnel file and/or police department personnel file. An employee shall have an opportunity to submit a letter to the file, responding to or supplementing information contained in his or her file. Upon receiving a request for all or part of a personnel file, the affected employee shall be notified of the request, and the information shall not be released for a period of three (3) business days from the time of said notification, except upon service of a court order or subpoena properly recorded and signed by a judge or magistrate demanding immediate release. Section 3.7 Emplovment References Unless otherwise required by a valid court order or by law, at the written request of the subject employee, or whenever the employee provides a written release to the prospective employer, the City will furnish prospective employers with only the following information about past or present employees to persons outside the City of Federal Way: Dates of employment. Current job title or job title at the date of separation. Verification of salary information. A copy of all requests for any information regarding past or present City employees shall be sent to Human Resources. 1/1/ 1/1/ ARTICLE 4 - HOURS OF WORK AND OVERTIME Police Support Services Association Collective Bargaining Agreement 2008-2010 4 Section 4.1 Hours of Work The normal work schedule for employees covered by this agreement shall not exceed 40 hours of work in a seven (7) consecutive day period. The work week will commence at the beginning of day shift on Sunday and end with completion of Saturday night's graveyard shift. Where reasonably possible, the employee's work schedule shall be posted at least thirty (30) days prior to the beginning of the applicable work period. The normal work schedule for all employees covered by this Agreement shall be designed with a minimum of a 30 minute (maximum 60 minute) non-paid lunch period. Any employee that has their lunch interrupted, and is unable to work out an alternative time with their supervisor for the lunch break, will receive compensation for the lunch period for that day. The City will work in good faith with the Association and employees to ensure that employees are able to receive their meal period. The work schedule shall be four consecutive ten (10) hour shifts followed by three (3) consecutive days off. Provided, this work schedule may be altered by mutual agreement between the City, the Association and the employee. Scheduling changes may be made where there is a reasonable operational need. Mutual agreement is required before changes to the length of shift in a classification. Except in emergencies, the employer will provide a minimum of seven (7) days notice before any schedule change. Employees shall receive one and one half the regular rate of pay for all mandatory shift changes with less than seven (7) days notice, through the notice period. The Employer will bargain with the Union before implementing any schedule configuration other than ten hour shift. Section 4.2 Overtime A. All overtime shall be compensated at a rate of one and one-half (1.5) times the employee's regular hourly rate. Overtime is defined as hours worked, together with holiday, vacation, sick leave or compensatory time hours, in excess of: 1. the regularly scheduled shift for full time regular employees within a twenty-four (24) hour period OR; 2. over eight (8) hours per day for part time regular employees OR; 3. over forty (40) hours in a seven (7) day week. B. In all cases overtime will be computed to the nearest one-quarter (1/4) hour. C. Overtime and premium pays shall not be duplicated or pyramided. Compensation shall not be paid more than once for the same hours under the provisions of this Agreement. Police Support Services Association Collective Bargaining Agreement 2008-2010 5 Section 4.3 Comp Time in Lieu of Pay for Overtime Upon receiving concurrence of the City, an employee may elect to receive compensatory time in lieu of overtime pay. Compensatory time is accrued at the rate of one and one-half (1.5) hours for each hour of overtime worked. Compensatory time may be accrued to a maximum of eighty (80) hours. Compensatory time in excess of eighty (80) will be paid as overtime. Upon termination, unused compensatory time will be paid at the current rate on the final paycheck. Section 4.4 Overtime Minimum - Call Back/Court Time Employees "called back" to work (including court appearances on behalf of the City) shall receive a minimum of two (2) hours pay at one and one half time the regular rate for the work for which they were called back. Call back occurs when the employee has finished his/her last regular shift but before beginning the next regular shift with less than twelve hours notice; or when requiring an employee to report on his/her day off. When an employee, not scheduled for call back, is called with less than one hour notice the pay calculation shall begin from the period when the employee is notified. When an employee, not scheduled for call back, is called with more than one hour notice but less than twelve hours notice the pay calculation shall begin from the time the employee leaves his/her residence. When an employee is scheduled for call back or receives more than twelve hours notice the pay calculation shall begin when the employee actually reports for work. Employees called back may be required to perform other duties for the duration of the minimum guarantee if the duty necessitating the call back does not take the full two hours. Section 4.5 Shift Biddina Records specialists shall be allowed to bid for shifts by seniority. The bid cycle shall be for a period of six months, as determined by the City. The City reserves the right to assign or transfer an employee from one shift to another, where reasonably required by operational considerations. ARTICLE 5 - MANAGEMENT RIGHTS Section 5.1. The Association recognizes the right of the City to operate and manage its affairs in all respects in accordance with its lawful authority. The City retains the authority that the City has not expressly delegated or modified by this Agreement. Section 5.2. Management rights and responsibilities shall include, but are not limited to, the following examples: Police Support Services Association Collective Bargaining Agreement 2008-2010 6 1. The City and the Department shall retain all rights and authority to which by law they are entitled. 2. The City shall have the authority to organize and reorganize the operations within the Department. 3. The Association recognizes the right of the Department to enforce the Department Rules and Regulations, and operational procedures and guidelines. 4. The City has the exclusive right to schedule work and overtime work as required in the manner most advantageous to the City, consistent with the applicable provisions of this Agreement. 5. The City has the right to assess an employee's performance of their job. 6. The City has the right to: a. discipline, demote, suspend, and discharge non-probationary employees for just cause. Scheduling of disciplinary days off will be at the convenience of Department operations. b. to discharge probationary employees for any reason. Employees who are discharged before completing their probationary period shall not have access to the grievance procedures of this Agreement to protest or challenge the discharge or the reasons therefor. c. to recruit, hire, promote, fill vacancies, transfer, assign, and retain employees. d. to layoff employees for lack of work or funds or other legitimate reasons. 7. The City has the right to determine business hours, to determine the starting and quitting times, and to discontinue work that would be wasteful or unproductive. 8. The City has the right to control the Police Department budget. 9. The City has the right to determine the methods, location, means and processes by which work shall be accomplished. 10. The City shall have the right to take any and all actions necessary in the event of an emergency. Police Support Services Association Collective Bargaining Agreement 2008-2010 7 Section 5.3. The parties recognize the City may perceive a need to make operational changes in areas that are not covered by the above management responsibilities, and that are not otherwise explicitly covered by this Agreement. In the event the City desires to make such a change (in a mandatory subject of bargaining) the City shall give the Association at least ten (10) days notice of the desired change. The Association may request bargaining of the issue, and the City thereafter will meet with the Association in an effort to resolve the issue. Should resolution not be achieved, either party may request the assistance of a PERC mediator and the parties will mediate for a period of thirty (30) days. Ultimately, the City may implement the change, after bargaining in good faith and impasse is reached. ARTICLE 6 - SICK LEAVE Section 6.1 Accrual and Usaae Sick leave shall be accrued by regular, full-time employees at the rate of eight (8) hours per month. Regular, part-time employees shall accrue sick leave on a pro-rated basis in the same percentage as the employee's average weekly scheduled hours relate to a forty (40) hour week. An employee may accrue up to 720 hours in his or her sick leave account. Sick leave is to be used in cases of illness, accident or other conditions which require medical treatment or supervision and require an employee to be absent from work. Sick leave may be used to care for an employee's own health condition, to care for a dependent child (including dependent step-child or foster child) under the age of eighteen (18) with a health condition that requires treatment or supervision, a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition or as more particularly established in WAC 296-130. Sick leave may also be used for the care, treatment and preventative health care of the employee and dependents. The parties agree that sick leave should not be abused, and that such abuse is cause for discipline. Section 6.2 Sick Leave Incentive Any non-exempt employee who has an accumulated sick leave balance of at least 100 hours on December 31 of each year and has used 24 or fewer hours of sick leave during that calendar year will be eligible to receive 24 hours of additional vacation accrual the following year. A non-exempt employee whose only use of sick leave was a donation of accrued sick leave as provided under the City's guidelines for shared leave is eligible to receive the sick leave incentive. Section 6.3 DOMESTIC PARTNER Police Support Services Association Collective Bargaining Agreement 2008-2010 8 A person whom a City employee identifies as his or her domestic partner by completing an Affidavit of Domestic Partnership will be provided the same consideration as an employee's "spouse" for purposes of this Agreement. ARTICLE 7 - HOLIDAYS Section 7.1. Holidavs Observed The following holidays shall be considered as holidays for full time employees: New Years Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Floating Holidays (2) Section 7.2 Regular employees employed as of January 1 and new regular employees starting employment between January 1 and June 30 of each year will accrue eight (8) hours as a Floating Holiday, and regular employees employed as of July 1 of each year will accrue an additional eight (8) hours as a second Floating Holiday and new regular employees starting between July 1 and December 31 will accrue eight (8) hours as a Floating Holiday. The floating holidays must be used during the calendar year. No unpaid holiday will be carried over to the following year, and no unpaid floating holiday will be paid out upon termination of employment. Section 7.3 The decision of whether an employee will be required to work on an observed holiday will be made by the City. An employee who is required to work on an observed holiday as set forth above shall receive his/her regular rate of pay for hours worked, except that, an employee who is required to work on either Thanksgiving, Christmas, New Year's Day or an additional day each year to be designated by the City prior to December 1 of the previous year, shall be paid at time and one half for all hours worked. Section 7.4 Commencing January 1 of each calendar year all employees shall receive a bank of eighty holiday hours (8 hours X 10 holidays). All employees shall make reasonable efforts to expend their banked holiday hours prior to the end of each year (December 31). Employees may use their banked holiday hours in increments no smaller than two hours, and shall use all banked holiday hours Police Support Services Association Collective Bargaining Agreement 2008-2010 9 prior to using any vacation hours. Banked holiday hours shall be used on a first earned, first out (FIFO) basis. In the event an employee does not use all of his/her banked holiday hours prior to December 31, the employee will forfeit the remaining banked holiday hours, except that an employee may carryover unused banked holiday hours until June 30 of the following year, if: A. the employee makes a reasonable effort to use his/her banked holiday hours/pay, the employee is denied the opportunity to use banked holiday hours/pay by his/her supervisor, and the employee has written documentation of said effort in the form of completed Department leave request forms reflecting that the use of banked holiday hours/pay had been denied by the employee's supervisor, and/or B. the employee was prevented from using banked holiday hours/pay because of approved leave resulting from military service, long term disability, work related injury, or a similar reason. If an employee is unable to schedule banked carry-over time to be used by June 30th of the following year, the Deputy Chief shall attempt to schedule the banked carry-over time prior to June 30th of that year. If the Deputy Chief is unable to schedule the banked carry-over time by June 30th of that year, the City shall, upon the employee's next regularly scheduled payday, cash out the hours that cannot be further carried-over under these provisions at the employee's then-current rate of pay. An employee whose work schedule is other than an eight-hour day may use accrued vacation leave or compensatory time to supplement the holiday pay in order to receive the entire workday off with pay. ARTICLE 8 - EDUCATION ALLOWANCE Section 8.1 General Policv A. The City recognizes the need to encourage and promote educational opportunities for employees. The City will reimburse personnel for costs incurred in receiving approved education upon satisfactory completion of such education to the extent covered by the City's education reimbursement policy. Eligible costs include: 1/1/ 1. Tuition; and 2. Books. Police Support Services Association Collective Bargaining Agreement 2008-2010 10 B. If an employee is attending an accredited State institution, the employee shall be reimbursed based upon that institution's tuition schedule. If an employee is attending a non-State supported institution, the employee shall be reimbursed on the basis of the University of Washington tuition schedule. C. Continuing Education Incentive AA- $40.00 per month BA- $80.00 per month In order to receive this premium, the degree must be in a field of study related to the employee's assignment, as reasonably determined by the Department. In addition the employee must fulfill a continuing education requirement of at least one Department approved college class per year or 20 hours of pre-approved specialized training over and above Department mandated training. The decision of whether to attain this incentive is discretionary with the employee, and all time spent travelling to and attending classes shall be on the employee's own time. The City's education reimbursement program shall apply to the Association, and should the City fail to fund the program, such that the employee can not receive reimbursement for the tuition, the continuing education requirement shall be waived for that year. ARTICLE 9 - VACATION Section 9.1 Vacation Members of the bargaining unit shall receive annual leave benefits as follows: COMPLETION OF: ANNUAL VACATION HOURS: Through end of year 5 Upon beginning of year 6 Upon beginning of year 11 Upon beginning of year 16 Upon beginning of the 21 96 hours 132 hours 150 hours 180 hours 204 hours 11/ I 1/ II Section 9.2 Schedulina Annual Leave - Seniority Basis Police Support Services Association Collective Bargaining Agreement 2008-2010 11 During January, the Department shall conduct a bid for vacations for the following year. The bid shall be by seniority, and conducted by division and shift. All vacation bid requests shall be for work weeks. Vacation requests submitted subsequent to the vacation bid shall be considered dependent upon Department needs on a first, come first served basis. The City shall make the determination of how many employees may be on vacation at anyone time. If the City cancels vacation once it has been approved and the affected employee has incurred non-refundable expenses in planning for the same, the employee shall be reimbursed by the City for those expenses. Any employee called back to duty once vacation has begun shall be reimbursed for any additional transportation costs incurred in returning to duty. Section 9.3 Payout Upon separation, all vacation hours accrued will be paid at the regular rate of pay. Section 9.4 Maximum Accrual A. An employee may not carry over to each subsequent calendar year more than two hundred forty (240) hours of vacation. B. Upon the effective date of the termination of an employee's employment, such employee shall thereupon be entitled to a sum of money equal to the employee's current straight-time hourly rate for any accrued unused vacation leave time, which shall be paid on the employee's final paycheck, up to two hundred forty (240) hours maximum. C. The City will schedule vacations, consistent with Department needs and coverage. Section 9.5 Service Leave. Regular employees will be provided a one-time accrual of 40 hours (pro-rated for regular part-time employees) of vacation leave after each consecutive 10 year period of continuous employment (i.e. after 10 years, 20 years, 30 years, etc.). ARTICLE 10 -PENSIONS Pensions for employees and contributions to pension funds will be governed by Washington State Statute. ARTICLE 11 - BEREAVEMENT AND OTHER LEAVES Police Support Services Association Collective Bargaining Agreement 2008-2010 12 Section 11.1 BEREAVEMENT. Employees may take up to twenty-four (24) hours of bereavement leave for a death in the employee's immediate family. For purposes of this section immediate family is defined as a spouse, siblings, children, grandparents, grandchildren, in-laws and parents. At it's option, the Employer may construe this definition more broadly to include other persons living in the employee's household, or to established relationships having attributes to familial ties. With advance Department Director approval, up to an additional fifty-six (56) hours of sick leave may be utilized in these situations. With Department Director approval, an employee may use sick leave, not to exceed eight (8) hours, to attend the funeral of close friends or other relatives. Section 11.2 PERSONAL LEAVES A personal leave of absence is a privilege the City may extend to qualified regular full- time and regular part-time employees for specific periods of time under certain circumstances. It allows an employee to take time off from work for personal reasons (see also 11.5 Military Duty). All such leaves are taken without pay. A leave of absence must be requested in writing and submitted to the employee's immediate supervisor and department director for a recommendation as soon as the need for such a leave is known. The department director shall then forward the request to Human Resources for review. Only the City Manager may grant or deny any such personal leave requested. The employee may request or may be required by the City to use accrued vacation or compensatory time to offset loss of pay during the leave. No benefits such as vacation or sick leave are earned while on unpaid leave. Employees on leave may return early from leave if they notify the supervisor in advance. Failure to return from leave on or before the agreed upon date, however, will result in termination. An unpaid leave of more than thirty (30) calendar days will affect an employee's review dates. These days will be adjusted forward until the employee has completed as many days of continuous employment as the length of the leave of absence. An employee normally will be assured of returning to his or her position for a leave of absence of one hundred eighty (180) days or less in duration. Because of staffing requirements, however, it may be necessary to fill the current position for a leave of absence in excess of one hundred eighty (180) days. In this event, efforts will be made to place the employee in an available, open, comparable position. 1111 Police Support Services Association Collective Bargaining Agreement 2008-2010 13 During any unpaid leave of one hundred eighty (180) days or less, an employee may continue his or her group insurance coverage by prepaying on a monthly basis the premium plus two percent (2%) during any affected period of the leave. Sick leave accrual shall not be used for non-medical leaves of absence. Section 11.3 LEAVE OF ABSENCE - MEDICAL - NON-FMLA Medical leaves of absence may be granted for regular full-time and regular part-time employees who are unable to perform their job duties due to an illness or an accident and who are ineligible for or have exhausted FMLA leave. This medical leave of absence requires a doctor's certification and cannot exceed one hundred eight (180) days total, including any FMLA leave. During medical leave, the employee may receive previously earned sick pay and earned but unused vacation benefits. A written request for a medical leave of absence must be returned to the department director along with a doctor's certification indicating the nature of the medical problem and the anticipated length of absence. A medical leave of absence may be extended, upon a written request, accompanied by an explanation from the employee's doctor of the need for an extension period. Even with an extension, however, a medical leave cannot exceed one hundred eighty (180) days total, including FMLA leave. Employees returning from a medical leave of absence must provide a doctor's written certification of their ability to return to work. The City reserves the right to require an examination by a doctor of the City's choice. Employees returning from a medical leave of one hundred eight (180) days or less return to the same position or a similar position of like payor status, provided however, that the employee remains subject to legitimate job changes or layoffs that would have occurred even if they had not been on leave. During the paid medical leave of absence, the City will pay its portion of the employee's group insurance premiums for up to six (6) months total, including during FMLA leave. An unpaid leave of more than thirty (30) calendar days will affect an employee's review dates. These days will be adjusted forward until the employee has completed as many days of continuous employment as the length of the leave of absence. Section 11.4 SHARED LEAVE The City's currently existing shared leave policy will be available for the duration of this Agreement Section 11.5 MILITARY LEAVE Any employee who is a member of the Washington National Guard or a federal military unit is entitled to leave from his or her duties as provided for by law, and shall be paid as required by law. An employee shall provide the City with notice of the leave as soon Police Support Services Association Collective Bargaining Agreement 2008-2010 14 as the employee learns of the assignment, and shall furnish the City with a copy of his/her orders. A military leave shall be limited to the time of the military assignment. ARTICLE 12 - CITY SUPPLIED EQUIPMENT A. The City shall provide any federal and/or state required safety gear and apparatus. B. Employees who suffer a loss or damage to personal property and/or clothing in the line of duty shall be reimbursed for such loss or damage by the City, provided a claim is filed with the City. Loss due to neglect, negligence or abuse by the employee shall not be considered for reimbursement, nor shall damage caused by normal wear and tear. Reimbursement shall be limited to personal property with a reasonable and ordinary value (i.e. - no Rolex watches). C. The City shall purchase the following uniforms for customer service personnel and provide dry cleaning: 1. Prooertv/Evidence Section: 3 polo shirts with City logo (navy or black) and 3 slacks (navy, black, or tan), 1 wool sweater zip or button (navy or black), and 1 winter jacket (black). 2. Records Section: 3 dress shirts with City logo (navy, white, black or tuquoise), and 1 wool sweater zip or button (navy or black). Staff must provide slacks or skirt. 3. Quartermaster/Jail Corrdinator: 3 polo shirts with City logo (navy or black) and 3 slacks (navy, black, or tan), 1 wool sweater zip or button (navy or black), and 1 winter jacket (black). 4. Administrative Assistants: City will provide 2 sweaters (navy or black). The City agrees to repair and/or replace clothing provided by the City as determined by the supervisor. ARTICLE 13 - SAVINGS CLAUSE If any article of the agreement or any addenda hereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article should be restrained by such tribunal, the remainder of the agreement and addenda shall not be affected thereby and the parties shall enter immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such article. Police Support Services Association Collective Bargaining Agreement 2008-2010 15 ARTICLE 14 - ENTIRE AGREEMENT The agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this agreement. Therefore, except as otherwise provided in the agreement, the City and Association, for the duration of this agreement, each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter specifically covered by this agreement. ARTICLE 15 - PERFORMANCE OF DUTY Section 15.1 Non-Strike Provisions Nothing in this agreement shall be construed to give an employee the right to strike and no employee shall strike or refuse to perform his assigned duties to the best of his ability. The Association agrees that it will not condone or cause any strike, slowdown, mass sick call, or any other form of work stoppage or interference to the normal operation of the Federal way Police Department. ARTICLE 16: GRIEVANCE PROCEDURE Section 16.1 Grievance Procedure Steps. A. Any grievance that may arise between parties concerning the application, meaning, or interpretation of this Agreement, shall be settled in the manner prescribed by this grievance procedure. B. A "Grievance" is defined as a claim or dispute by an employee, group of employees, or the Association concerning the interpretation or application of the provisions of this Agreement. Nothing in this procedure shall prohibit an employee from discussing a complaint directly with his supervisor or department head without representation by the Association, as provided by State Law. C. Should a subject for claim or dispute arise, there shall be no stoppage of work by employees, but an earnest effort shall be made to settle such claims or disputes promptly and in the manner hereinafter outlined. / /I / Police Support Services Association Collective Bargaining Agreement 2008-2010 16 Step 1 An employee or a group of employees claiming to have a grievance shall discuss the complaint with the immediate supervisor within ten (10) calendar days of the alleged occurrence, or when they reasonably should have known of the alleged occurrence. Step 2 The supervisor shall attempt informal resolution of the grievance within seven (7) calendar days after it is presented. Step 3 Provided the grievance is not settled satisfactorily at step 2, it may be presented to the Police Chief (or designee) by the Association within seven (7) calendar days of the supervisor's response or the expiration of the time limit in step 2. The submission shall be in writing, setting forth the nature of the grievance, the articles of this agreement allegedly violated, and the requested remedy. Step 4 The Police Chief or designee shall attempt to settle the grievance within ten (10) calendar days after it has been presented, and shall respond in writing. Step 5 If the grievance is not settled by the Police Chief within the time allowed, it may be presented in writing to the City Manager, with a copy to the Director of Human Resources, by the Association within seven (7) calendar days of the Police Chiefs response or the expiration of the time limit in step 4. Step 6 The City Manager shall have fourteen (14) days to review the grievance. If the City Manager does not respond or otherwise settle the grievance within the fourteen-day period, the grievance shall be automatically advanced to step 7, and shall not be forfeited by either party. //1/ Police Support Services Association Collective Bargaining Agreement 2008-2010 17 Step 7 a. If the grievance is not settled at step 6, and involves a matter other than discipline, the dispute will be referred to the negotiating committee of both parties. The two committees shall meet within ten (10) calendar days to consider the dispute. At that meeting, all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. If no satisfactory solution is reached in this step, the matter may be submitted in writing to arbitration within 30 calendar days of the conciliation meeting. b. If the grievance is not settled at step 6 and involves discipline other than an oral or written warning, the matter may be submitted, in writing, to arbitration within thirty (30) calendar days of the date that the City Manager's review is due. Oral and written warnings may only be grieved through step 6 of this procedure. However, if the City attempts to introduce prior oral or written warnings in a subsequent discipline case that is subject to arbitration, the City shall be required to prove that it had just cause to issue those prior oral or written warnings as well as the instant discipline. Section 16.2 Arbitration Panel. The City and the Association mutually agree to a permanent panel of arbitrators to hear all grievances in arbitration. The panel shall consist of three arbitrators: Janet Gaunt, Gary Axon, and Ken Latsch. Only one arbiter shall hear each grievance and they shall be picked in rotation, provided that either party may elect to disqualify one arbiter on the list for a particular hearing. The Association must exercise its right to disqualify the arbiter at the top of the rotation list in writing, filed at the same time it submits the dispute to arbitration pursuant to step 7 of the grievance procedure. If the City wishes to exercise this right, it must do so within twenty (20) days of being served with the Association's demand for arbitration. The decision of the Arbitrator shall be final and binding on the parties. A. The Arbitrator shall make hislher own rules of procedure. The Arbitrator shall have no authority to amend, alter, or modify this Agreement or its terms, and shall limit hislher decision solely to the interpretation and application of this Agreement. B. Each grievance or dispute will be submitted separately except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the Arbitrator. C. The losing party shall bear the expense of the Arbitrator. The losing party shall be denominated in the award. When there is no winning party, the cost of the Arbiter shall be borne equally by the parties. All other costs and fees will be paid by the party incurring the cost/fee. 1111 Police Support Services Association Collective Bargaining Agreement 2008-2010 18 D. The Arbitrator shall have thirty (30) days from the close of the hearing to issue an award. Section 16.3 Time Limits. Time limits will be strictly adhered to, but may be extended by mutual written agreement upon reasonable request, except for situations where no timely grievance is filed. While forfeiture under this clause will finally resolve the matter in dispute, it will not establish a precedent between the parties on issues of contractual interpretation. Section 16.4 Multiple Procedures. If employees have access to multiple procedures for adjudicating grievances, the selection by the employee of one procedure will preclude access to other procedures; selection is to be made no later than at the conclusion of step 6 of this grievance procedure. Section 16.5 Step 3 Submission. In those instances where disciplinary action is based on reasonable evidence of the commission of a crime, or the proposed discipline involves suspension or termination of the employee, step 3 of the Grievance Procedure will be initiated immediately. Section 16.6 Just Cause Standard. No post probationary employee may be discharged, suspended without pay, demoted (except as provided below) or disciplined in any way except for just cause. The City may withhold a step increase, for a specified period of time, if it has just cause. Section 16.7 Parties to the Aareement. In as much as this is an agreement between the City and the Association, no individual employee may make use of the provisions of this Article, except as expressly provided above. Section 16.8 Probationary Period. All newly hired employees must serve a probationary period. The probationary period for newly hired employees shall be one year. The probationary period shall be extended for the number of work days equal to the number of work days an employee was absent in excess of 10 work days during the probationary period. The probationary period is an extension of the hiring process; therefore, the provisions of this Article (including the Just Cause Standards in Section 16.6) will not apply to employees if they are discharged during their initial probationary period. Grievances brought by probationary employees involving issues other than discharge may be processed in accordance with this Article. / /I / / /I / /I / / Police Support Services Association Collective Bargaining Agreement 2008-2010 19 ARTICLE 17 - EMPLOYER & EMPLOYEE RIGHTS Section 17.1 Discipline It is agreed that the employer has the right to discipline, demote, suspend, or discharge any employees for just cause. Section 17.2 Disciplinary Investiaations In criminal matters, an employee shall be afforded those constitutional rights available to any citizen. In administrative matters relating to job performance, the following guidelines shall be follows: A. "Interrogation" as used herein shall mean any questioning by an agent of the City who is conducting an investigation (as opposed to a routine inquiry) of the employee being interrogated, when the agent knows (or reasonably should know) that the questioning could result in employee discipline. B. Before interrogation, the employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise him/her of the matter. Nothing herein shall operate as a waiver of the Association's right to request bargaining information. C. Any interrogation of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigencies of the investigation dictate otherwise. D. Any interrogation shall take place at the City Police Department, except when impractical. The employee shall be advised of their right to and shall be allowed that Guild representation to the extent allowed by the law. E. The questioning shall not be overly long and the employee shall be entitled to such intermissions as are reasonably necessary. F. The employee shall not be subjected to any offensive language or abusive questioning, nor shall he/she be threatened with dismissal, transfer or other disciplinary punishment as a guise to attempt to obtain his/her resignation. G. The Employer shall not require any employee covered by this Agreement to take or be subjected to a lie detector test as a Police Support Services Association Collective Bargaining Agreement 2008-2010 20 condition of continued employment. Nor shall polygraph evidence of any kind be admissible in disciplinary proceedings, except by stipulation of the parties to this Agreement. H. The Department may, and upon request will, tape record any interrogation. Upon request, a copy of the tape/transcript (if made) will be provided to the officer. Section 17.3 Psvcholoaical Evaluations The purpose of this Section is to balance the interest of the Employer in obtaining a psychological evaluation of an employee to determine the employee's fitness for duty and the interest of the employee in having those examinations being conducted unobtrusively, and so as to protect the employees privacy. Generally, an evaluation will be ordered only if the employer has a reasonable concern that an employee is psychologically unfit to perform the job. A. Results of the Evaluation. The City shall provide the doctor with the employee's job description and other information necessary for the doctor to understand the duties and responsibilities of the employee. The doctor will issue a written report to the Employer and the employee. The only information which the doctor may disclose shall be whether the employee is fit or unfit for duty or requires modified work conditions, and the prognosis for recovery, and the reason why the doctor has reached those conclusions. Additionally, where the cause of the unfitness is duty-related, the doctor shall disclose that cause. If the doctor believes the employee is fit for duty but needs modified work conditions, the doctor will indicate what modifications are necessary and the extent or duration projected of the modification. The doctor will keep all data that has been made available to him or her confidential and not release it to any of the parties except the employee. Modified work conditions may include light duty assignments of limited duration. B. As used in this section, "doctor' refers to a psychologist or psychiatrist. ARTICLE 18 - COMPENSATION Section 18.1 Salaries A. The wage scale attached as Appendix A. Police Support Services Association Collective Bargaining Agreement 2008-2010 21 B. Extra-Duty Pay. Employees assigned as Records Training Specialists ("RTSs") shall receive an additional three (3) percent of the top step wage rate per month, as extra-duty pay for all time spent in the actual training of employees. The Property Evidence Technician, who has been trained and certified to test marijuana, shall receive an additional five (5) percent of top step wage rate per month, as extra-duty pay for all time spent in actually testing marijuana. c. Federal Way Community Center Membership. Regular employees are eligible to receive free employee membership at the Federal Way Community Center. Employees must enroll during the designated open enrollment period for membership effective July 1 during 2008 and January 1, thereafter. Employees who enroll are given a 3-month pass. The employee is required to use the facility at least 24 times during the 3-month period. At the end of the quarter, employees who met the use requirement are issued a 3-month pass for the following quarter. This continues until the end of the year, when a new enrollment is required. Employees who fail to fulfill the use requirement during any quarter would not be issued additional 3-month passes for the remainder of the calendar year, but would be allowed to enroll again for the following year. Employees who have purchased passes extending into 2008 will be reimbursed on a pro-rated basis. Employees purchasing family passes will pay the difference between the single and family rate for any quarter in which they have an employee membership. Community Center membership as described above is being provided on a trial basis and may be modified or discontinued at the sole discretion of the City. Section 18.2 Out of Class Employees required by the department head or designee to accept the responsibilities and carry out the duties of a position or rank above that which he normally holds shall be paid acting pay of 5% while so assigned. However, such person shall not be paid in the higher wage classification until the employee has worked at least two consecutive work weeks at the higher classification. Upon achieving such eligibility for acting pay, the employee shall be paid the proper pay scale beginning with the first day so assigned. ARTICLE 19 - INSURANCE COVERAGE Section 19.1 Medical/Dental Plans Police Support Services Association Collective Bargaining Agreement 2008-2010 22 For the duration of the agreement, the City shall provide unit employees and their dependents with AWC Regence Blue Shield/Asuris Northwest Health PPO insurance coverage, or the same dollar amount toward the premium for the same family coverage under the Group Health Cooperative Plan (as selected by the employee) and dental insurance coverage as is currently provided. During the term of the Agreement, the City shall continue to pay the full cost of employee coverage and 90% of dependant coverage for such benefits under AWC PPO regardless of which plan the employee uses (excluding spouses who are eligible for coverage through their place of employment). The City agrees to place the members and eligible dependents on dental coverage Plan F. Section 19.2 Life Insurance The City shall pay the entire premium for double indemnity life insurance coverage for each eligible employee in the bargaining unit. The City will determine the manner in which insurance coverage is secured. The amount of life insurance shall be equal to one times the employee's annual base salary to a maximum of $50,000 and a minimum of $25,000. ARTICLE 20 - SUBSTANCE ABUSE POLICY No employee shall be required to take or be subjected to any random alcohol or drug testing as a condition of continued employment, except when: 1. the City has a "reasonable suspicion" that an employee may be under the influence of drugs or alcohol while on duty and/or 2. an employee who, while driving a City vehicle or while driving on City business, is involved in an accident which results in a serious injury or in which the employee is cited under local or state law for a moving traffic violation. ARTICLE 21 - PROBATIONARY EMPLOYEES All newly hired and promoted employees must serve a probationary period. The probationary period for newly hired employees shall end one year from the date the employee begins work for the City. The probationary period upon promotion shall be one year from the date of appointment. The probationary period shall be extended for the number of work days equal to the number of work days an employee was absent in excess of 10 work days during the probationary period; provided that the taking of scheduled and approved vacation shall not be counted Police Support Services Association Collective Bargaining Agreement 2008-2010 23 toward the ten day period for promotional probationers. The probationary period is an extension of the hiring process; therefore, the provisions of the grievance procedure will not apply to employees if they are discharged during their initial probationary period or are demoted during the promotional probationary period for not meeting the requirements of the classification. Grievances brought by probationary employees involving issues other than discharge or demotion may be processed in accordance with Article 17. ARTICLE 22 - TERM OF AGREEMENT The effective date of this Agreement is January 1, 2008 and shall remain in force until December 31, 2010. Any changes in wages, hours or working conditions from those previously in effect shall become effective upon the execution of this agreement unless a specific, different effective date is indicated for a particular change. Signed this day of 2008, at Federal Way, Washington. City of Federal Way Police Support Services Association Neal Beets, City Manager Gayle Tucker, President Police Support Services Association Collective Bargaining Agreement 2008-2010 24 APPENDIX A Customer Service 3075 3203 3339 3480 3627 3889 SpecialistL18i1 Records Specialist !1ID. Administrative Assistant 1 (18)2 Property/Evidence Tech. 3364 3508 3655 3808 4082 L2Q) 3227 Records 3195 3331 3474 3619 3773 4044 SDecialistITRU3(frozen \ Quartermaster (21) 3409 3554 3706 3861 4025 4314 Jail Coordinator (21) CALEA Coordinator (27) 3831 3993 4160 4335 4523 4845 Crime Analyst and 4113 4289 4469 4658 4854 5203 Prevention Specialist (30) Community Resource 4653 4850 5056 5271 5493 5888 Manaoer (36) WAGE SCALE For 2008 GENERAL WAGE ADJUSTMENTS: 20084Retro to 1/1/08 - increase 2007 wages by 90% CPI-W (mid-year average) =3.42% 2009 -Increase 2008 waaes bv 90% of the Seattle-Tacoma-Bremerton CPI-W, - mid year average. 2010 -Increase 2009 waaes bv 90% ofthe Seattle-Tacoma-Bremerton CPI-W, - mid year average. LaDonna (RSITRU) moves to 18F effective 1/1/08. 1 Increased Customer Service Specialist to Ranae 18 2 The City is conductina a City-wide classification study in 2008. which includes administrative assistants. The study will not be completed until 12/31/08. and may or may not affect the administrative assistant classification. However. in recoanition that the parties desire to finalize this Aareement before the completion of the study. the parties aaree that the City shall pay a one- time amount of Seven Hundred Dollars ($700.00) to the administrative assistants at the pavroll period subseauent to Council approval. RSITRU is a classification arandfathered in with the elimination of former PSO. Said classification will not extend to other members and will extinauish with attrition. Additionallv. all waaes in this classification are red lined until the top step of the Records Specialist matches or exceeds. 4 Effective upon date of ratification and applicable to current active employees as of the date of ratification. Police Support Services Association Collective Bargaining Agreement 2008-2010 25 COUNCIL MEETING DATE: June 17, 2008 ITEM#: 'lC. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2009 - 2010 BIENNIAL BUDGET CALENDAR AND INVITE CITIZEN COMMENTS POLICY QUESTION: NA COMMITTEE: Not Applicable MEETING DATE: Not Applicable CATEGORY: . D Consent IZI City Council Business D Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: Not Applicable DEPT: Not Applicable ATTACHMENTS: Preliminary 2009 - 2010 Budget Calendar. SUMMARYIBACKGROUND: The City Manager has issued 2009/2010 budget instructions to city departments and staff are now preparing their budget proposals. The City is interested in receiving citizen comments about city services and priorities throughout the preparation process. Comments are welcome at any regular council meetings, as well as any of the scheduled public hearings and budget meetings. Citizens may also submit comments in writing to: City Council, 2009/2010 City Budget PO Box 9718 Federal Way, WA 98063-9718 On-line to: Email: COUNCILS@cityoffedearlway.com STAFF RECOMMENDATION: Council to invite citizen comments and let staff know should there be any conflicts on the proposed budget calendar. CITY MANAGER ApPROVAL: N/A Committee DIRECTOR ApPROVAL: N/A Committee COMMITTEE RECOMMENDATION: Not Applicable PROPOSED COUNCIL MOTION: INFORMA TION ONLY, NO MOTION REQUIRED. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY PRELIMINARY 2009/2010 BIENNIAL CITY BUDGET MEETINGS All meetings will be held at City Hall, 33325 - 8th Avenue South, Federal Way, Washington. CITIZEN COMMENT WILL BE ACCEPTED AT ALL BUDGET MEETINGS. ***** The following meetings have been scheduled to consider the City of Federal Way's 2009-2010 biennial city budget: JUNE - AUGUST, 2008 - CITY MANAGER ISSUES BUDGET DIRECTIONS 0 STAFF. · Staff develops 2009/2010 budget proposal AUGUST - SEPTEMBER. 2008 - COMMUNITY MEETINGS. · Attend community group and city commissioner meetings, update them on city budget status and seek their input. OCTOBER 21.2008 - Reaular Council MEETINGS -7:00 p.m. · CM Delivers Preliminary Budget to Council OCTOBER 29, 2008 - SPECIAL MEETINGS - 6:00 p.m. · Budget Overview · Department Presentations: Community Development, Public Works, and Parks/Recreation OCTOBER 30, 2008 - SPECIAL MEETING - 6:00 p.m. · Department Presentations Police, Law, Court NOVEMBER 4. 2008 - REGULAR MEETING - 7:00 p.m. · PUBLIC HEARING (required by RCW 35A.34) 2009 - 2010 Biennial Budget/property tax levy NOVEMBER 5. 2008 - SPECIAL MEETING - 6:00 p.m. · Department Presentations City Administration and Support Service Departments · Council Deliberations NOVEMBER 18. 2008 - SPECIAL MEETING - 5:30 p.m. (onlv If needed) · Continue Council Deliberations NOVEMBER 18. 2008 - REGULAR MEETING - 7:00 p.m. · PUBLIC HEARING Continue from November 4 (required by RCW 35A.34) · Introduction Ordinance/2009-2010 biennial budget · Introduction Ordinance/2009 property tax levy DECEMBER 2. 2008 - REGULAR MEETING - 7:00 p.m. · Enactment ordinance/2009-201 0 biennial budget · Enactment ordinance/2009 property tax rate · Resolution/fee schedule amendment