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Council PKT 05-20-1997 Regular City of Federal W C. Council Meeting AGENDA May 20,1997 COUNCILMEMBERS Mahlon "Skip" Priest. Mayor Jack Dovey Hope Elder Mary Gates Ron Gintz Michael Park Phil Watkins CITY MANAGER Kenneth E. Nyberg Office of the City Clerk . I. II. III. a. b. . IV. ** V. a. b. c. d. e. VI. a. b. c. d. e. f. g. h. . AGENDA FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall May 20, 1997 - 7:00 p.m. * * * * * CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS Police A ward/Certificate of Commendation Parks & Recreation Commission Introductions CITIZEN COMMENT (3 minute limit per person) CONSENT AGENDA Minutes/May 5. 1997 Special Meeting/May 6. 1997 Regular Meeting 2-Year Human Services Funding (1999-2000) Granville Place Preliminary Plat Approval/Resolution Fi re District #39 Interlocal Agreement/E911 Equipment/Software Capacity Sharing Council Bill #173/Essential Public Facility Code Amendment! Enactment Ordinance CITY COUNCIL BUSINESS Federal Way Golf Park Concomitant Agreement Amendment/Resolution Capital Facilities Program/Committee Structure/Appointments Klahanee Lake Community/Senior Center Communications System So 356th Regional Storm Control Facility Bid Award Mark Twain Ballfield Renovation Proiect Bid Authorization 1997 Asphalt Overlay Proiect Bid Award Hearing Examiner Contract Renewal Human Services Finance & Governance Recommendations over please . . . e e VII. CITY MANAGER REPORT VIII. CITY COUNCIL REPORTS IX. ADJOURNMENT to PLEASE COMPI.ETE PINK SUI' & PRESENT TO THE DEPUTY CITY CLERK PRIOR TO SPEAKING. Citizens may address the City Council at this time. Whm rccO',:nizcd by the Mayor, please come fOlWard to the podium and state your name and address for the records. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINlITES. Citizens may conunent on individual agenda items at times during any regularly scheduled City Council meeting, prior to Council discussion. TIlcse items include, but are not limited to, Ordinances, Resolutions and Council Business issues. These comment times are in addition to the Citizen Conunent at the bcginning of each regularly scheduled meeting. . . . . ITEM# 7 ~) ............ ..................... ....... .............. .... ... ....... ....... ....... ....... ..................... .............-..................,............................................................................. .......... CITY OF FEDERAL WAY City Council AGENDA ITEM - MEETING DATE: l\1ay 20, 1997 SUBJECT: City Council Meeting Minutes ......................... ....... ......... .... ... ........ ..................... ......... ...................-................-....---...-..............-....-....-......................................................................... CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI _RESOLUTION STAFF REPORT PROCLAMA TION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ........................................................................................................................................................................................................................................ A TTACIIMENTS: l\1illutl's for (1) l\1ay 5, 1997 special meeting, and (2) May 6, 1997 regular meeting. .................................................................................................................................................................................................................. ............................. SUMMARYIBACKGROUND: Official City Council meeting minutes for pennanent records pursuant to RCW . requirement. ..................................................................................................................................................................................................................................................... CITY COUNCIL COMMITTEE RECOMMENDATION: nla ~:~~~~~~~~~~~~-.~~~~~~~I:~~:~~~~~:~::~:~~:~:~~~~~~~~:~~]iQ~~::=:~:~:~::~:~:~~~.: APPROVED FOR INCLUSION IN COUNCIL PACKET:~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENl ED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # . I:\COVERCC-5/14/96 . . . a .. I J1f9 ll.. I DRAFT e . FEDERAL WAY CITY COUNCIL Special Meeting Land Use/Transportation Committee of the Whole Council Chambers - City Hall May 5, 1997 - 5:30 p.m. MINUTES I. CALL MEETING TO ORDER The meeting was called to order at 5:30 pm by Chairman Phil Watkins in Council Chambers, City Hall, Federal Way, Washington. City Council present: Committee members Phil Watkins (Chair), Ron Gintz and Mary Gates; Mayor Skip Priest; Council members Hope Elder and Michael Park. City staff present: City Manager Ken Nyberg; Director of Community Development Services Greg Moore; Public Works Director Cary Roe; City Attorney Londi Lindell; Assistant City Attorney Bob Sterbank; Street Systems Manager Ken Miller; Senior Planner Lori Michaelson; Associate Planner Jim Harris; Administrative Assistant Sandy Lyle. ll. APPROVAL OF MINUTES The minutes of the Apri121,1997, meeting were approved as presented. ID. PUBLIC COMMENT Charles Connon, a resident of the Bellacarino Woods area, spoke about his concerns that the official meeting summary from the AprilS, 1997, Land Use/Transportation Committee meeting did not accurately reflect the comments made at that meeting. He feels that the taxpayers will ultimately pay for improvements to surface water problems in the Bellacarino area that the developer caused and should pay to repair. IV. BUSINESS ITEMS B. Cellular Towers - Following a brief staff presentation about cellular towers, Priest moved a moratorium of 120 days on wireless communications facilities to allow developers, property owners and officials to communicate and develop guidelines and regulations on siting, placement, screening, camouflaging, collocation and removal of cellular towers. Gintz seconded. In 1990, when current codes were adopted, cell phone technology as it is known today did not exist. The Council felt that having spent time and resources undergrounding utility wires and developing a strong sign code, it did not make sense for cellular towers to proliferate. The intent of the moratorium was not to prevent future cellular facilities. A public hearing will be held within sixty days - - e e to obtain input on the moratorium. Afterwards, the City Council will adopt findings of . fact to either justify continuing or canceling the moratorium. No new applications for cellular towers will be accepted during the moratorium. There are exceptions to the moratorium which include: personal wireless facilities such as residential television satellite systems; emergency wireless communication facilities; collocation on existing facilities; location on Bonneville Power lines; smaller "whip" antennas. Staff will finalize language of the moratorium resolution. The vote on the motion was unanimous as follows: Gates Elder Dovey Gintz yes yes absent yes Park Priest Watkins yes yes yes A. Granville Preliminat:}' Plat - Granville Place is a seven lot single family residential subdivision subject to Process ill approval under the 1990 Subdivision Code. The Committee raised concerns about potential surface water problems such as those encountered recently in the Bellacarino Woods subdivision. It was noted that this project is a development under Federal Way codes and not vested to any King County codes. The Committee m/s/c approval of recommendation to Council at their May 20, 1997, meeting of Granville Place pursuant to the Hearing Examiner's recommendations. . C. South 356th Street Regional Surface Water Facility - Pulled from the agenda at the meeting due to incomplete contractor documents. D. 21st Avenue SWat SW 325th Signal Project - Staff is currently working on acquiring two parcels for the 21st Avenue SWat SW 325th Place Traffic Signal and Intersection Improvement Project. The design phase has been completed. This project will install a new traffic signal at SW 325th Place, a turn lane at SW 326th Street, a turn lane at SW 328th Street, street lighting, utility relocation, and installation of a signal interconnect from SW 320th Street to SW 336th Street. Bidding of the project will take place in June, 1997. Project costs exceed original estimates by $259,000. There is approximately $150,000 in saving from completed bond projects that could be transferred to this project. Staff also recommends that $55,000 be transferred from the unencumbered funds in the traffic interconnect account and $54,000 from the unencumbered street bond issue funds. The Committee m/s/c recommendation of approval to Council the fmal design of the 21st/325th Intersection Improvement Project, the transfer of funds and authorization to bid the project at the May 6, 1997, meeting. E. SW Dash Point Road and 21st Avenue SW Traffic Signal- The Committee m/s/c the recommendation to Council to approve the final design and authorization to bid the SW . Dash Point Road at 21st Avenue SW Traffic Signal and Intersection Improvement Project at its May 6, 1997, meeting. This project will install a traffic signal to allow . . . e e left turns, provide a signalized driveway into Lakota Park, improve the right hand turn lane onto Dash Point Road, install street lighting, and improve sight distance. Right of Way acquisition will be presented to the Council in Executive Session when complete. F. SW 336th from 21st Avenue SW Improvements - The design for the SW 336th Street Improvement Project is complete. This project, the last of the 1997 bond issue projects, will widen the road from three to five lanes, install 12-foot wide sidewalks, street trees, improved lighting, traffic signal revisions, access control, and resolve the street flooding problems during heavy rains. Staff is currently completing the Storm Drainage Easements and Right of Entry to complete the project. The Committee m/s/c recommendation of approval to Council of the final design and authorization to bid the SW 336th Street Improvement Project at the May 6, 1997, meeting. V. FUTURE MEETINGSI AGENDAS The next meeting will be May 19, 1997. VI. ADJOURNMENT Having no other business to come before the Land U se/Transportation Committee, the meeting was adjourned at 6:40 p.m. by Chairman Phil Watkins. Sandy Lyle Recording Secretary I:\MAYSCCSP.SUM e e DRAFT . FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall May 6, 1997 -7:00 p.m. MINUTES I. CALL MEETING TO ORDER Mayor Priest opened the regular meeting of the Federal Way City Council at 7:08 p.m., in Council Chambers, City Hall, Federal Way, Washington. City Council present: Mayor Mahlon "Skip" Priest, Deputy Mayor Hope Elder; Councilmembers Michael Park, Mary Gates, Ron Gintz and Jack Dovey. Councilmember Phil Watkins' absence was excused. City staff present: City Manager Ken Nyberg, City Attorney Londi Lindell, City Clerk Chris Green and Deputy City Clerk Bob Baker. II. PLEDGE OF ALLEGIANCE . Councilmember Park led the flag salute. III. PRESENTATIONS a. SPIRIT Award for Month of May City Manager Nyberg announced Lee Bailey as SPIRIT Award recipient for the month of May. Lee is recognized for his efforts in assisting a fellow employee train for a new position within the City. He gives freely of his time and resources to this employee to ensure success in passing a stringent exam towards certification as a building inspector. b. National Police ~emorial Week Proclamation Councilmember Park read from the proclamation which identifies May 11-17 as "Peace Officers Memorial Week" and May 15 as "Peace Officers Memorial Day," The proclamation also encourages community support and recognition of our City's Peace Officers and their dedication to the citizens. Police Officer Bob Schubert accepted the proclamation and thanked the council for the recognition and support. . e e . City Council Regular Meeting Minutes May 6, 1997- Page 2 c. Municipal Clerks Week Proclamation Deputy Mayor Elder read from the proclamation labeling the week of May 4-10 as "Municipal Clerks Week." The proclamation recognizes the profession of the municipal clerk and their role in government as well as attention to improving the administration of the office. Further, it recognizes the accomplishments of the office and extends appreciation to our city's municipal clerks for the vital services they perform. City Clerk Chris Green accepted the proclamation and thanked the Council for their continued support in and amongst the many challenges clerks face in delivering efficient and effective services. d. Arts Commission Introductions Council member Gintz distributed Certificates of Appointment to Pia Seeger, Nancy Cole, Rhonda Wilton, Marta Justus Foldi, Jeanne Burbidge and Bette Simpson, IV. CITIZEN COMMENT . Federal Way resident Shirley Skager appealed to the City Council for any possible forms of support for the flood victims in North Dakota. She has called upon many Federal Way persons, businesses and entities for the same. She stated their suggestions, contributions and donations have been overwhelming. Tammi Finlay spoke in support ofMs, Skagers efforts and is assisting her however possible. Mayor Priest thanked the ladies for coming in and sharing their efforts with the Council. Larry Wilson spoke of his concern regarding potential "hazardous materials" underground at the site to be developed as Celebration Park. He distributed a related, old newspaper article written by Larry Nordberg. He relayed his strong feelings about this situation. Mayor Priest informed Mr. Wilson precautions are taken when considering a project of any size and stated a City staff person will contact him to ensure his concerns are addressed. V. CONSENT AGENDA a. b. Minutes/April 8, 15 & 22, 1997 - Special & Regular Meetings V oucher/May 6. 1997 Monthly Financial Report/March 1997 Hylebos Creek Bridge Repair/So 373rd St Project Military Rd So/So 288th St to So 284th St/100% Design Approval & Bid Authorization Multi-Family Housing Recycling Program Expansion Plan Contract Award for Recycling Enclosure Modifications at Multi-Family Housing Private Storm Water Drainage Facility Inspection Program/Resolution APPROVED RESOLUTION 97-251 . c. d. e. f. g. h, . . . e e City Council Regular Meeting Minutes May 6, 1997- Page 3 COUNCIT...MEMBER PARK MOVED TO ADD AN ITEM TO THE AGENDA (Authorization for Mayor to Write a Letter to the King County Board of Health in Support of Proposed Legislation Regulating the Placement of Billboards Advertising Tobacco Products); second by Deputy Mayor Elder. The motion carried as follows: Priest Gates Gintz Dovey Elder Watkins Park yes absence excused yes yes yes yes no Mayor Priest labeled the item Council Business Item A. Subsequently all previously labeled items are renumbered for purposes of minutes and keeping the record "clean." COUNCIT...MEMBER GINTZ MOVED AFPROV AL OF ALL CONSENT AGENDA ITEMS AS PRESENTED; second by Councilmember Dovey. The motion carried as follows: Priest Gates Gintz Dovey Elder Watkins Park yes absence excused yes yes yes yes yes VI. CITY COUNCIL BUSINESS a. Authorization for Mayor to Write a Letter to the King County Board of Health (Added Item) Councilmember Park made a brief presentation and discussion ensued. Councilmember Dovey objected as this is a business issue. Councilmembers Gates, Gintz & Park spoke in favor of the correspondence. The letter would support the King County Board of Health in their adoption of a regulation prohibiting the location of billboards advertising tobacco products within 1,000 feet of school playgrounds, public playgrounds and playgrounds in public parks. COUNCILMEMBER PARK MOVED AUTHORIZATION FOR THE MAYOR TO WRITE A LETTER TO THE KING COUNTY BOARD OF HEALTH IN SUPPORT OF PROPOSED LEGISLATION REGULATING THE PLACEMENT OF BIT...LBOARDS ADVERTISING TOBACCO PRODUCTS; second by Deputy Mayor Elder. The motion carried as follows: Priest Gates Gintz Dovey Elder Watkins Park yes absence excused yes yes yes yes no e e . City Council Regular Meeting Minutes May 6, 1997- Page 4 b. Parks & Recreation Commission Appointments (PREVIOUSLY ITEM A) Councilmember Dovey announced interviews were held earlier this evening at a Special City Council meeting and MOVED FOR RE-APPOINTMENT OF BOBBY ROACH, BOB KELLOGG, SR, & DEAN MCCOLGAN TO THE PARKS & RECREATIONS COMMISSION; second by Councilmember Gates. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes absence excused yes c. Federal Way Golf Park Concomitant Agreement AmendmentIResolution (PREVIOUSLY ITEM B) City Manager Nyberg announced that due to illness of key City staff and the absence of the applicant . in this matter, it could be pulled and considered at the May 20 regular City Council. This was the consensus of Council. d. 21st Ave SW @ SW 3.2Sth St SilP1al Project/1 00% Design Approval & Bid Authorization (PREVIOUSLY ITEM C) e. SW Dash Point Rd & 21st Ave SW Traffic Signal/1 00% Design Approval & Bid Authorization (pREVIOUSLY ITEM D) f SW 336th St from 21st Ave SW Improvements/lOO% Design Approval & Bid Authorization (PREVIOUSLY ITEM E) COUNCILMEMBER DOVEY MOVED APPROVAL OF ITEMS D, E & F; second by Councilmember Gates. The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes absence excused yes g. Selecting V otini Deleiates for 1997 A WC Annual Business Meetini (PREVIOUSLY ITEM F) Mayor Priest addressed this issue and MOVED TO APPROVE COUNCILMEMBERS GATES, . DOVEY AND WATKINS AS VOTING DELEGATES FOR THE 1997 AWC ANNUAL BUSINESS MEETING; second by Councilmember Dovey. . . e e City Council Regular Meeting Minutes May 6, 1997 - Page 5 VII. INTRODUCTION ORDINANCE Council Bill #173/Essential Public Facility Code Amendment AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 OF THE FEDERAL WAY ZONING CODE, PERTAINING TO LAND USE AND ZONING, ADOPTING A NEW DEFINITION, REVIEW PROCEDURES, AND SITING CRITERIA FOR ESSENTIAL PUBLIC FACILITIES, AS REQUIRED BY THE GROWTH MANAGEMENT ACT, RCW 36,70, AND THE FEDERAL WAY COMPREHENSIVE PLAN. Deputy City Clerk Bob Baker read the introduction ordinance. COUNCILMEMBER GATES MOVED TO FORWARD COUNCIL BILL #173 TO THE MAY 20, 1997 AGENDA FOR ENACTMENT; second by Councilmember Dovey. The motion carried as follows: Priest Gates Gintz Dovey Elder Watkins Park yes absence excused yes yes yes yes yes VIII. CITY MANAGER REPORT City Manager Nyberg let Council know Ed Swan is able to receive and facilitate two (2) to three (3) per month in coordinating volunteer efforts in the community. Mr. Nyberg reminded Council of a necessary executive session this evening slated to last approximately :30 minutes wherein Litigation/Pursuant to RCW 42.30.110(1)(i) & Property Acquisition/Pursuant to RCW 42.30.110(1)(b) will be discussed, with action anticipated. IX. CITY COUNCIL REPORTS Councilmember Park had no report. Councilmember Gintz announced the next Finance/Economic Development Committee meeting is May 22, at 7:30 p.m. . Councilmember Elder had no report. e e . City Council Regular Meeting Minutes May 6,1997.- Page 6 Councilmember Dovey recognized and thanked Barbara Reid for her efforts in the "Walk on the Wild Side" seed planting and trail beautification efforts on the BPA & West Campus Trails last weekend. Barbara reported 381 people showed for the event. She thanked the Council for their support, Councilmember Gates reported on the Regional Transit Authority, Regional Transit Committee, Suburban Cities Association Charter Review Recommendations, the Legislative session and the Resolutions Committee. She asked that all suggestions for the Resolutions Committee be provided to her for inclusion at the next meeting. Mayor Priest announced the adoption of a resolution imposing a moratorium on the acceptance and issuance ofland use, building and development permits for commercial wireless telecommunications facilities, last night at a special City Council meeting. Mayor Priest recessed the regular meeting of the City Council at 8:00 p,m. to go into executive session. X. EXECUTIVE SESSION . a. LitigationlPursuant to RCW 42.30. 110(1)(i) b. Property AcquisitionlPursuant to RCW 42.30.11 O( 1 )(b ) At 8:30 p.m., Acting Deputy City Manager Iwen Wang announced another :15 minutes are necessary. At 8:45 p.m., Mayor Priest reconvened the regular city council meeting and the following actions took place. COUNCILMEMBER GINTZ MOVED APPROVAL TO DIRECT AND AUTHORIZE THE CITY MANAGER TO CLOSE THE ACQUISITION OF CERTAIN REAL PROPERTY REQUIRED BY THE CITY IN CONNECTION WITH THE WIDENING AND TRAFFIC SIGNAL PROJECT AT 21ST AVE S.W. AND 325TH STREET, PURSUANT TO THE TERMS OF CERTAIN REAL PROPERTY PURCHASE AND SALE AGREEMENT DATED APRIL 29, 1997, BETWEEN THE CITY, AS PURCHASER, AND BEVERLY SUE NOYES, AS HER SEPARATE ESTATE, AS SELLER, COVERING CERTAIN REAL PROPERTY LOCATED AT 2105 SW 326TH PLACE, FEDERAL WAY, W ASIDNGTON FOR A PURCHASE PRICE OF $5,000.00; second by Deputy Mayor Elder, The motion carried as follows: Priest Gates Gintz Dovey yes yes yes yes Elder Watkins Park yes absence excused yes . . . . e e City Council Regular Meeting Minutes May 6, 1997- Page 7 COUNCILMEMBER GATES MOVED APPROVAL TO DIRECT AND AUTHORIZE THE CITY MANAGER TO CLOSE THE ACQUISmON OF CERTAIN REAL PROPERTY REQUIRED BY THE CITY IN CONNECTION WITH THE WIDENING AND TRAFFIC SIGNAL PROJECT AT 21ST AVENUE S.W. AND 325TH STREET, PURSUANT TO THE TERMS OF CERTAIN REAL PROPERTY PURCHASE AND SALE AGREEMENT DATED APRIL 14, 1997, BETWEEN THE CITY, AS PURCHASER, AND ALBERT 1. PINTO AND MELODY L. LANDON-PINTO, HUSBAND AND WIFE, AS SELLER, COVERING CERTAIN REAL PROPERTY LOCATED AT 2104 SW 326TH PLACE, FEDERAL WAY, W ASIDNGTON, FOR A PURCHASE PRICE OF $7,400.00; second by Councilmember Dovey. The motion carried as follows: Priest Gates Gintz Dovey Elder Watkins Park yes absence excused yes yes yes yes yes XI. ADJOURNMENT Having no other business to come before the Council, Mayor Priest adjourned the meeting at 8:49 p.m. Robert H. Baker Deputy City Clerk . . . e e ...~~!~Q.~~.!.~.:.....M~.L~Qz..1.~~l......__......_...................._............!.!~M!L..Z.~2...._.............'"..................................... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: HUMAN SERVICES FUNDING, 2-YEAR PROCESS ...............................---...--........--........................................--..................--...........---....................................----......................----...........................................-....... CATEGORY: x.. CONSENT ORDINANCE. BUSINESS HEARING FYI BUDGET IMPACT: None _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ...A.!.!~.~!!.~~~!~.:..J)..~~~2.!~..~~..~P.~.~f..~.~~!Y...~.~..~.~~.~..~.~~f.~~.f.~~~..._.................................................................. SUMMARYIBACKGROUND: At the direction of the City Manager, staifis bringing this proposal forward for City Council review. The proposal is to move from an annual funding process for general human services funding to a biennial funding process to be in line with the City's next two-year budget cycle in 1999-2000. Second year funding for agencies would be contingent upon satisfactory contract performance and upon City funding available. This proposal is for general human services funding only. Community Development Block Grant funds would ...~2!);!!.~~~.~!)...~.~!);~~..~.~~~~~~..l!.P.!:2~~~~:.............................................................._.............................._........................................................................ CITY COUNCIL COMMITTEE RECOMMENDATION: At their May 1, 1997 meeting, the Public Safety and Human Services Committee unanimously recommended acceptance of the two-year funding proposal and forwarded it to the full City Council. The Committee recommends Option A, for the mid-biennium contract review, which is the Human Services Commission reviewing agency performance at the end of year one and making a recommendation to the City Council for any changes to individual contract funding levels for the second year of the ...!?!.<?~.~.~~:....(~!!~g~J..f.!:2~_Y.~~..2!!.<?!2..Y.~~.!~s>..~~.!?.~p.~.~..~.<?.!.€?~..~~.!!':!~2~.1.............................._............_............................_.. CITY MANAGER RECOMMENDATION: The City Manager recommends approval of the two-year @ _.~:~=;~;:;~~.::;;~:~;::-~~~:;~~_9R&Q~~~~~~:Pi~~_~~~_ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED _TABLEDIDEFERREDINO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # . . . e e CITY OF .- &~.&& EJ:I~ ~~ A'Y"" 33530 1ST WAY SOUTH (206) 661.4000 FEDERAL WAY, WA 98003.6210 MEMORANDUM DATE: TO: FROM: SUBJECT: April 24, 1997 Public Safety and Human Services Committee Ann Guenther, Human Services Manager tZ::f?-. Human Services General Funds, Proposed Two-Year Process Introduction At the direction of the City Manager, staff is bringing this proposal forward to the Public Safety Human Services Committee for your review and recommendation to the full City Council. The proposal is to move from an annual funding process for general human services funding to a biennial funding process to be in line with the City's next two-year budget cycle in 1999-2000. This proposal is for general human services funding only. Community Development Block Grant funds would continue to be allocated on an annual process to concur with the annual allocation process of the Department of Housing and Urban Development (HUD) and the King County CDBG Consortium. The City Manager recommends approval of the two-year funding process for general human services funding. Staff seeks a recommendation from the Public Safety Human Services Committee to move it onto the full City Council for their approval at their May 20 meeting. This memo outlines the proposal including: how the process would work, comments gathered from the Human Services Commission and human services providers, pros and cons, options for the mid-biennium review, and the City Manager's recommendation. How the Process Would Work · In 1998, applications would be distributed for general human services funding for 1999- 2000. Human Services providers would apply for 1999-2000 funding, identifying performance objectives, outcome measures, and program budgets for the two-year period. · The Commission would review the applications and make funding recommendations for the two-year period to the City Council. The Commission's funding recommendations would include an "Additional Funding Plan" which would include priorities for additional funds for year two, should additional funds become available. For example, if during the mid-biennium review, reduced funding is recommended for an agency for year two due to poor contract performance, the funding priorities would provide direction for where those "unallocated" funds would be allocated for the second year. · The City Council would review the Commission recommendations and approve a two- year funding plan. . Contracts between the City and human services agencies would be for two years, with funding for the second year contingent upon satisfactory contract performance and upon e e . City funding available. During the fall of 1999, the City would conduct a mid-biennium review of agency contract performance and determine if any changes were to be made in the funding levels of individual agency contracts for 2000. Two different methods for implementing this review are outlined below in the "Options" section. . Two-Year Process Favored bv the Human Services Commission and Providers Staff presented this proposal to the Human Services Commission at their April 21 meeting. The Commission supports moving to the two-year funding process as outlined. Staff also sent a written survey regarding the proposed two-year funding process to human services agencies funded by the City. Of the 26 agencies surveyed, 17 responded with 100% strongly agreeing or agreeing with the proposal to move to a two-year funding process. The pros of the two-year process cited by the Commission include: more time for more human services planning and implementation; increased efficiency for agencies and the City by eliminating the annual application process; and more time for agencies to develop and measure outcomes. The pros of the two-year process cited by agencies include: added stability for programs; ability to do more long-term planning for services; and consistent with the direction of other cities. The primary con of the new process discussed by the Commission was the reduced flexibility of the City to respond to new emerging needs in the mid-biennium. Human Service providers identified several cons including: locks agencies in at the same funding level for two years and reduces opportunities to request more City funding, should service needs increase significantly . from year one to year two. Summary of Pros and Cons Pros · The Human Services Funding Process would be in sync with the City's two-year budget process. · The two-year funding process will increase efficiency for agencies, the Human Services Commission, the City Council, and staff. The new process eliminates the need for annual applications to be completed by agencies and to be reviewed by the City. · By reducing time spent conducting the annual funding application process, the two-year process will increase time available for human services planning and implementation by the Human Services Commission and staff. Cons · Since agencies would have the opportunity to apply only every two years, this reduced the City's flexibility to address new emerging needs · The two-year funding process provides fewer opportunities for new agencies to apply for City funding. Ootions 1. Continue with the annual funding process. 2. Move to a biennial funding process, beginning with funding period, 1999-2000. Under this . . . . e e new process, two options emerge for the mid-biennium contract review and determination of any changes to second year funding levels for individual contracts. It is important to note that the majority of agencies will be funded at the same level for both years, as long as contract goals are met. In the few cases where agencies may not meet contract performance goals, agencies may have their funding reduced for the second year or in very rare cases, be "de-funded" for the second year. A third option for second year funding could be a small increase, if surplus funds were available. In both options A and S, the Commission would refer to their "Additional Funding Plan," developed with the original allocation recommendation, in the event additional funds are available for year two (ie. reduction to an individual contract due to poor performance, unspent funds, employee contribution to Human Services fund). Additional funding would be allocated to the priorities identified in the plan. Minor changes are expected from year one to year two. Review options include: Review Option A: The Human Services Commission reviews agency performance and makes a recommendation to the City Council on any changes to the level of funding for individual agency contracts for year two. The City Council takes official action on the proposed changes. Pro: Allows for Human Services Commission and City Council review. Con: This option is more time consuming in terms of review and decision time. Review Option B: The Commission would review contract performance and determine any changes to the level of funding for individual agency contracts for year two. That information would be forwarded to the City Council, on an informational basis. Pro: Process is streamlined. Reviewing agency performance is one of the Commission's responsibilities as established by the City Council (Ordinance 90-72). The Commission currently reviews agency performance every quarter. Con: The City Council does not take action on any changes to funding level for individual agency contracts for the second year. Recommendation The City Manager recommends moving to a two-year funding process for Human Services General Funding beginning with the 1999-2000 budget year. The City Manager also recommends Review Option A, which is the Human Services Commission reviewing agency performance at the end of year one and making a recommendation to the City Council for any changes to individual contract funding levels for the second year of the biennium. I will be at your May 1 meeting to present the proposal. If you have any questions about the proposal before then, please call me at 661-4039. e MEETING DATE: MAY 20, 1997 XTEK# ~(~) .............................................................-...........ci:i:;;..OF.F;~DiiA..~..WAY-....................................................................... City Council AGENDA ITEM SUBJECT: GRANVILLE PLACE PRELIMINARY PLAT APPLICATION ............................................................................-..................-..-..................---......-............................................-................................................... CATEGORY: _BUDGET IMPACT: N/A _X_ CONSENT ORDINANCE BUSINESS HEARING FYI _X_RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ........................................................................................................................................................................................................................................... ATTACHMENTS: STAFF MEMO TO COUNCIL DATED MAY 20,1997; HEARING EXAMINER RECOMMENDATION DATED APRIL 21,1997; CITY COUNCIL DRAFT RESOLUTION FOR ADOPTION OF PRELIMINARY PLAT. .......................................................................-...................-......................................................................................................................................... SUMMARY/BACKGROUND: STAFF IS REQUESTING CITY COUNCIL APPROVAL OF THE PROPOSED PRELIMINARY PLAT APPLICATION, PURSUANT TO THE FEDERAL WAY HEARING EXAMINER'S RECOMMENDATION ISSUED APRIL 21, 1997, AND COUNCIL COMMITTEE . RECOMMENDATION ISSUED MAY 5,1997. THE PUBLIC HEARING ON THE PROPOSED PLAT WAS HELD APRIL 21 1997. ......................................................................................................................................................................................................................................... CITY COUNCIL COMMITTEE RECOMMENDATION: ON MAY 5, 1997 THE LAND USE AND TRANSPORTATION COMMITTEE VOTED TO FORWARD A RECOMMENDATION FOR APPROVAL OF THE PROPOSED PRELIMINARY PLAT APPLICATION TO THE FULL COUNCIL WITH NO CHANGES TO THE EXAMINER'S FRECOMMENDATION AS ISSUED. ......................................................................................................................................................................................................................................... CITY MANAGER RECOMMENDATION: COUNCIL APPROVAL OF THE DRAFT RESOLUTION _.:.~~_~~~:~~~..~:..:.~.::~~~~~::.:~~..:~~~c.~::._._.._~..Q..t4~...._._._.._._._._.. APPROVED FOR INCLUSION IN COUNCIL PACKET: ((jD (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED _T ABLEDIDEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # . I:\COVERCC.5/14/96 . . . TO: FR: RE: DT: e e CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM Federal Way City Council Lori Michaelson, Senior Planner Preliminary Plat of Granville Place Federal Way File No. #5UB96-0001 I. May 20,1997 II. SUMMARY OF APPLICATION The applicant requests approval of a seven (7) lot single family residential subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, Subdivisions, subject to Process III approval under the 1990 Subdivision Code. COUNCIL ACTION REQUESTED Pursuant to FWCC Process III approval, the City Council issues a final decision after review of the Hearing Examiner's recommendation (attached). After consideration of the record, the City Council may, by action approved by a majority of the total membership, take one of the following actions, pursuant to FWCC Sec. 22-490: 1. Approve the application, or 2. Approve the application with minor modifications, or 3. Deny the application; or 4. Remand the matter back to the Hearing Examiner for further consideration. III. HEARING EXAMINER'S RECOMMENDATION The Federal Way Hearing Examiner on April 21, 1997, issued a recommendation (attached) to approve the proposed preliminary plat with ten (10) conditions as stated in the recommendation. IV. PROCEDURAL SUMMARY October 26, 1996 Notice of Application issued. March 1, 1997 Environmental determination issued. March 15, 1997 Notice of Public Hearing issued. e e Federal Way City Council May 20,1997 Page 2 of 2 . IV. PROCEDURAL SUMMARY (cont'd) April 1, 1997 Hearing Examiner public hearing. April 21, 1997 Hearing Examiner recommendation issued * . Pursuant to FWCC Section 22-487, the Hearing Examiner shall issue a written recommendation to the City Council (attached). May 5, 1997 City Council land Use and Transportation Committee meeting. The Land Use Committee is to forward a recommendation to the full Council for decision (see Section VI, below). May 20, 1997 City Council meeting. Pursuant to FWCC Section 22-490, the City Council shall consider the application at a scheduled meeting within ninety calendar days of the issuance of the Hearing Examiner's recommendation. * No challenge to the Hearing Examiner recommendation was filed with the City. . V. DECISIONAL CRITERIA City Council review of the application is limited to the record of the hearing before the Hearing Examiner, the Examiner's written report, compliance with review criteria set forth in FWCC Sec. 22-476 et seq., and other applicable ordinances and regulations of the FWCC. Sec. 22-476 requires that the application be approved if it is consistent with the following three decisional criteria. Findings on how the application is consistent with these decisional criteria are established at page 5, item 20 of the Hearing Examiner's recommendation. 1. The Federal Way Comprehensive Plan; 2. All applicable provisions of the Federal Way City Code, including those adopted by reference from the Comprehensive Plan; and 3. The public health, safety, and welfare. VI. CITY COUNCIL COMMITTEE RECOMMENDATION At their May 5, 1997 meeting, the Land Use and Transportation Committee of the Federal Way City Council recommended approval of the Preliminary Plat of Granville Place and the recommendation as issued by the Federal Way Hearing Examiner, with no amendments to the Examiner's recommendation. . Attachments: Hearing Examiner Recommendation, Draft Resolution . . . e e DRAFT -;;..../ ~ -97 RESOLU'l'I:ON NO. A RESOLUTION 01' THE CITY COUNCIL 01' THE CITY 01' FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT 01' GRANVILLE PLACE, FEDERAL WAY FILE NO SUB-96-0001 WHEREAS, the applicants, Bob Woodford and Jerry Holm, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property consisting of 2.09 acres into seven (7) single family residential lots located between SW 30th and 35th Avenues SW, approximately 220 feet to the south of SW 344th street with access from SW 346th Place, if extended; and WHEREAS, the Federal Way Land Use Hearing Examiner held a public hearing on April, 1, 1997 concerning the preliminary plat of Granville Place; and WHEREAS, at the conclusion of said hearing the Federal Way Land Use Hearing Examiner issued its Recommendation on April 21, 1997 containing findings, conditions and conclusions; and WHEREAS, the City Council of the City of Federal Way is the governmental body now having jurisdiction and authority to pass upon the approval, denial or modification of the application and the conditions of said preliminary plat pursuant to Section 20-113 of the Federal Way city Code; and WHEREAS, the City Council having considered the written record and Recommendation of the Hearing Examiner, pursuant to Chapter 20 Res. # , Page 1 e e of Federal Way City Code, Chapter 58.17 RCW and all other applicable City Codes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: section 1. Findings of Facts , Conditions and Conclusions. The Recommendation of the Federal Way Land Use Hearing Examiner issued on April 21, 1997, containing the Hearing Examiner's findings, conditions and conclusions, following a public hearing on April 1, 1997, to approve the preliminary plat of Granville Place subject to certain conditions, is hereby adopted as the findings, conclusions and conditions of the City Council. section 2. ~plication ~proval. Based upon the Recommendation of the Federal Way Land Use Hearing Examiner and the findings, conditions and conclusions contained therein, as adopted by reference by the City Council set forth above, the preliminary plat of Granville Place, Federal Way File No. SUB-96-0001, is hereby approved subject to the conditions contained in the Recommendation of the Federal Way Land Use Hearing Examiner dated April 21, 1997 attached hereto as Exhibit A and incorporated by this reference. section 3 . Conditions of ~proval Inteqral. The conditions of approval of the preliminary plat are all integral to each other with respect to the city Council finding that public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said Res. # , Page 2 . . . r-------,---.- , . . . e e event, the proposed preliminary plat approv~l granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety and general welfare and other factors as required by RCW Chapter 58. 17 and applicable City ordinances, rules and regulations and forward such recommendation to the city Council for further action. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS ___ DAY OF , 1997 CITY OF FEDERAL WAY MAYOR, MARLON S. PRIEST Res. # , Page 3 e e ATTEST: . CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. . Res. # , Page 4 . (e (e RECEIVED APR 2:i 1997 C/n' CLERKS OFFICE CI1Y OF FEDERAL WAY . CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: FWHE# 97-5 PRELIMINARY PLAT OF GRANVILLE PLACE PROCESS III I. SUMMARY OF APPLICATION The applicant proposes to subdivide two parcels of land into seven lots, each having a minimum of 7,200 square feet. One of the subject parcels contains an existing single family residence and the other parcel is undeveloped. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: April I, 1997 April 21, 1997 . At the hearing the following presented testimony and evidence: 1. Lori Michaelson, Senior Planner, City of Federal Way 2. Granville Horn, Apex Engineering 3. Pam Glaser, 3118 SW 346th Place, Federal Way, W A 98023 4. Gary Barnettt, Senior Development Engineer, City of Federal Way At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. . ~4:X H I KIT -'1f /1 (e (e PRELIMINARY PLAT OF GRANVILLE PLACE April 21, 1997 Page - 2 . 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in a 2.09 acre, trapezoidal shaped parcel of property located at the terminus ofSW 346th Place, south of SW 344th St. within the City of Federal Way. The parcel, bordered on the south by property within Pierce County, is improved with a single family residential. dwelling and accessory structure on the northern portion. The applicant is requesting preliminary plat approval to allow subdivision of the parcel into seven single family residential lots. The preliminary plat shows that access to the site will be provided by extending SW 346th Place through the southern portion of plat. Six lots are proposed for the south portion of the plat and a temporary cul-de-sac is proposed between lots five and six at approximately the center of the parcel. A storm detention tract separates lot six from lot seven which abuts the north property line and is improved with the existing structures which will remain. Lot seven will continue to use the existing access onto SW 344th Street. 5. SW 346th Place presently terminates in a temporary cul-de-sac at the parcel's east property line. The applicant will remove the asphalt from the cul-de-sac portion of the road, return said area to grass, and remove the temporary cul-de-sac easement from the title of the subservient estates. . 6. The east property line is bordered by the Southhampton Court subdivision and the south property line is bordered by the Stonegate Division II subdivision located in Pierce County. The north and west property lines are bordered by single family residential dwellings on larger lots. 7. The site is located within the Single Family Residential-High Density designation of the Federal Way Comprehensive Plan and is located within the Single Family Residential (RS- 7.2) zone classification of the FWCC. The RS-7.2 classification authorizes single family detached dwelling units on minimum 7,200 square foot lot sizes. The proposed minimum lot size is 7,200 square feet and the maximum lot size is 10,320 square feet. The proposed lot size and density are consistent with abutting and nearby platted properties within both the City and Pierce County. 8. The storm drainage improvements must comply with all applicable Core and special requirements outlined in the King County Surface Water Design Manual including surface water detention, biofiltration, and oil/water separation. The applicant submitted a Level I downstream analysis which has been reviewed by the City Public Works Department. The storm water system is designed to collect storm water in the detention tract between lots six and seven, and then releasing the water to a biofiltration swale for conveyance to the ngrth..; ..: to an existing outfall point in SW 344th St. . . . (e (e PRELIMINARY PLAT OF GRANVILLE PLACE April 21, 1997 Page - 3 9. The soils consist of Alderwood gravelly, sandy loam which is moderately.well drained, capable of adequate compaction, and able to support the proposed development. The site is mostly flat with an average slope of three percent. On site vegetation consists of domestic shrubs and grasses, alder, blackberry, and other native species. Four significant trees are on site, all of which will be lost. The applicant must obtain approval of a landscape plan and comply with the significant tree ordinanc~. No threatened or endangered species are known or excepted to inhabit the site. Replacement of the significant trees and incorporation of street trees, buffering, open space, and landscaping will assist the small birds and animals currently on the site. The project is not located within a sensitive area or 100 year floodplain. 10. The applicant will install full street improvements for the extension of SW 346th Place from the present temporary cul-de-sac to the new temporary cul-de-sac, and half street improvements north of said point. Full street improvements include 28 feet of pavement, vertical curbs, gutters, sidewalks, and street trees within a 56 foot wide right-of-way. The half street improvements will include 20 feet of pavement, curb, gutter, sidewalk, and street trees on the easterly side only. The half street improvements will extend from the temporary cul-de-sac to the north property line of lot seven within a 30 foot right-of-way. Lot seven will continue to use the existing access onto SW 344th Street which will also serve as an emergency vehicle access for the plat. 11. The applicant asserts that since SW 346th Place is a neighborhood access street, street lighting is not required by the FWCC. Section 22-1522 FWCC states as follows: Street lighting shall be required on all rights-of-way, except neighborhood access streets and culs-de-sac. Section 20-185 FWCC states as follows: a. All subdivisions and short subdivisions shall install street lighting on all streets, except neighborhood access streets and cul-de-sacs where installation is optional, in accordance with common design standards for spacing, placement, and luminous intensity. b. Light standard and luminar design shall be approved by the Director of Public Works. Section 22-1522 is a portion of the zoning chapter of the FWCC and addresses street lighting on all City streets regardless of whether said streets are located within a subdivision. Section 20-185 is a portion of the subdivision chapter of the FWCC and (e (e PRELIMINARY PLAT OF GRANVILLE PLACE April 21, 1997 Page - 4 . specifically addresses standards for new subdivisions. Section 20-185 states that it is optional with the City as to whether street lighting is required on neighborhood access streets. Such interpretation is consistent with Section 20-144(C) FWCC which sets forth a portion of the criteria which the Examiner must evaluate in a plat alteration application. Said section states that Section 20-185 applies "only to new roadways proposed as a result of the alteration of the plat." Thus, in all new subdivision streets, street lighting may b~ required at the discretion of the City. 12. School aged children residing in the subdivision will be served by Green Gables Elementary School, Saghalie Junior High School, and Decatur High School. Bus stops are currently located within a few blocks of the plat and may be adjusted depending on student transportation needs, The plat must comply with the City School Impact Fee Ordinance which is subject to an annual adjustment and update. 13. Alderdale Park is located approximately one half mile to the northeast of the site; Olympic View Park is approximately one mile north of the site; and Crescent Heights Park, within the City of Tacoma, is approximately one mile to the west. Dash Point State Park is 1.5 miles to the northwest. Section 20-155(B) FWCC requires the applicant to provide open space in the amount of"15% of the gross land area of the subdivision site". However, since the site is less than five acres, the applicant is allowed to seek alternative methods to providing said open space on site. The applicant is proposing to pay a fee in lieu of reservation as permitted by Section 22-155 and as required by a conditional of approval hereinafter. . 14. The City of Tacoma has provided a certificate of water availability indicating its ability to supply both domestic water and fire flow to the site. The Lake Haven Utility District will supply sanitary sewer service to all lots. 15. Section 20-120(B) FWCC requires the Examiner to review a request for preliminary plat approval for compliance with Sections 20-2; 20-151 through 20-157; 20-178 through 20-187 FWCC; and RCW 58.17. 16. The preliminary plat complies with the subdivision design criteria set forth in Section 20-151 FWCC. The traffic is distributed in a logical manner toward a collector street system and connects with existing streets. A temporary cul-de-sac is provided, but is not more than 600 feet in length. The site contains no steep slopes and the streets are designed in conformance with adopted standards for sight distance at intersections. 17. All lots are designed in accordance with the criteria set forth in Section 20-152 FWCC and are of ample dimension to provide a regular shaped building area which can meet required setbacks. All lots are designed to provide access for emergency apparatus and abut a public street right-of-way. No lots will access onto an arterial street. As previously found the '. . . . ~ (e PRELIMINARY PLAT OF GRANVILLE PLACE April 21, 1997 Page - 5 subdivision meets the density and lot size criteria of the RS-7.2 zone classification. The applicant is not proposing a cluster subdivision, and as previously found, will satisfy the open space requirements of Section 20-155 FWCC by making a payment in lieu of open space. Pedestrian and bicycle access corridors are not appropriate as the site is not located near a bikeway or trail. Sidewalks on both sides of the plat road will ensure safe walking conditions. No view blockage issue are present. 18. The improvement and density requirements set forth in Sections 20-176 and 20-177 FWCC are satisfied. Buffers required by Section 20-178 are not necessary since the site is bordered by single family residential development on all sides. Conditions of approval require the applicant to retain all natural vegetation except that removed for improvements or grading as required by Section 20-179. Street improvements meet the requirement of Section 20-180. 19. The City of Tacoma will serve the subdivision with both domestic water and fire flow as is authorized by Section 20-181 FWCC and the Lake Haven Utility District will provide sanitary sewer service as is authorized by Section 20-182. As previously found, the applicant is proposing an adequate storm drainage system designed in accordance with FWCC requirements as required by Section 20-183. All lots in the subdivision will be served by electricity, telephone, cable tv, and natural gas (if available) and all utilities will be provided underground as required by Section 20-184. As previously found, street lighting will be provided as required by Section 20-185. The applicant is required to provide a landscape plan, comply with the significant tree ordinance, and provide permanent survey control monuments in accordance with Sections 20-186 and 20-187 FWCC. 20. Subdivisions are approved pursuant to the Process III evaluation set forth in Section 22-476 et seq. FWCC. Process III requires the Examiner to issue a recommendation to the Federal Way City Council which then makes the final decision as to approval or disapproval of the preliminary plat application. Findings on each decisional criteria used by the City Council to make its decision are hereby made as follows: A. The proposed preliminary plat is consistent with the Single Family High Density designation of the 1995 Federal Way Comprehensive Plan. The plat is developed in accordance with the RS-7.2 zone classification and is consistent with density allowances and policies applicable to the Single Family High Density designation. B. The proposed preliminary plat must comply with all applicable codes and regulations to include the Environmental Policy, the Subdivision, and the Methods of Mitigation Chapters of the FWCC. Conditions of approval set forth hereinafter ensure that the preliminary plat complies will all applicable codes and regulations. C. The proposed preliminary plat is consistent with and will ensure protection of the \ ' ~ (e PRELIMINARY PLAT OF GRANVILLE PLACE April 21, 1997 Page - 6 . public health, safety, and welfare. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction t~ consider and decide the issues presented by this request. 2. The proposed preliminary plat promotes the health, safety, and general welfare in accordance with standards established by the.State and the City, and promotes the effective use of land by preventing the overcrowding or scattering of development. The plat avoids congestion and promotes the safe and convenient travel by the public on City streets. The plat provides for adequate light and air, water, sewage, drainage, parks and recreational areas, schools and school grounds, and other public requirements. The plat makes appropriate provision for proper ingress and egress and provides for housing needs of the community. The plat will ensure uniform momunenting ofland divisions and conveyance of accurate legal descriptions and contains no environmentally sensitive areas. . 3. The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary waste, fire protection, parks, playgrounds, schools, and safe walking conditions as required by RCW 58.17.110. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision and therefore should be approved subject to the following conditions: A. Prior to final plat approval, the existing structure on Lot 7, located within five feet of the proposed south property line, must be removed or relocated to conform to building setbacks requirements as established by Federal Way City Code (FWCC); or lot lines must be adjusted accordingly. B. Prior to final plat approval the required off-site hydrant must be installed at SW 344th Street at a location approved by King County Fire District #39, or alternative fire protection measures implemented for Lot #7, as approved by the fire district. c. Pursuant to the applicant's proposal to pay a fee in lieu of reserving a portion of on site open space, as provided by the FWCC, a current market value analysis of similarity situated property must be submitted to the City to determine the amount of the open space fee under this agreement. Payment of the open space fee shall be required prior to final plat approval. .. . . . .. . . (e PRELIMINARY PLAT OF GRANVILLE PLACE April 21, 1997 Page - 7 D. The existing temporary cul-de-sac easement located east of the site at the existing terminus of SW 346th Place shall be relinquished and documents filed. with the City for recording. The applicant is responsible to prepare and submit the necessary documents in a form approved by the City. The applicant shall reconstruct the cul- de-sac area to match the existing improvements. Design and construction of this street section shall conform to Public Works standards and shall include sidewalks and street trees within the planter. strip, as approved by the City. E. Design and location of the temporary barricade adjacent to Lot 7 shall be approved by the City of Federal Way and King County Fire District 39. This temporary barricade shall be removed with future right-of-way improvements, as required and approved by the City. F. The proposed temporary cul-de-sac easement located in Lots 5 and 6 shall be relinquished with future right-of-way improvements at this location, and the area reconstructed, as required and approved by the City. G. Retention/detention facilities used to control runoff from the site to off-site drainage courses shall be located in a detention tract dedicated to the City at the time of final plat approval, unless located within improved public rights-of-way. H. The final plat drawing must establish the open space buffer in an open space tract to be owned in common and maintained by property owners of the proposed subdivision, and prohibiting removal or disturbance of landscaping within the tract, except as necessary for maintenance or replacement of existing plantings and as approved by the City. The open space buffer shall be landscaped to achieve and maintain a visual buffer pursuant to FWCC Chapter 20-155 and Sec. 22-1565(c)(I), as approved by the City and pursuant to Condition #, below. I. Prior to issuance of construction permits a landscape plan, prepared by a licensed landscape architect, shall be submitted to the City for approval, and shall include the following elements: (a) Open space buffer landscaping; (b) Street trees in planter strips inside plat boundaries and off-site as required by Condition #4, above; (c) Significant tree replacement plan; and (d) Visual screening of all property boundaries of the detention tract from (e {e PRELIMINARY PLAT OF GRANVILLE PLACE April 21, 1997 Page - 8 . adjacent properties and the right-of-way with landscaping and/or fencing. J. Prior to final plat approval, all required improvements must be completed or the improvements appropriately bonded, per City Code requirements. Design and construction of plat improvements shall conform to Federal Way City Code, the King County Surface Water Design Manual, the Hylebos Creek and Lower Puget Sound Basin Plan, and all other applica~le codes and regulations. RECOMMENDATION: It is hereby recommended to tlte Federal Way City Council that the preliminary plat of Granville Place be approved subject to the conditions contained in the conclusions above. ~ DATED THIS 7/ DAY OF April, 1997. I I ST HEN K. CAUSSEAUX, JR. Hearing Examiner ~ '\ -".,.,\, TRANSMITTED THIS ~ DAY OF April, 1997, to the following: . APPLICANTS: Bob Woodford and Jerry Holm 25105 9th Avenue S Des Moines, W A 98198 OWNERS: Gene F. Sims 17429 31 sl Drive NW Arlington, W A 98223 James McCulloch 3327 SW 3441h Street Federal Way, W A 98023 AGENT: Granville Horn APEX Engineering 2401 South 35th Street Tacoma, WA 98409 . . . . (8 (e PRELIMINARY PLAT OF GRANVILLE PLACE April 21, 1997 Page - 9 Pam Glaser 3118 SW 349th Place Federal Way, WA 98023 Debbie Kovach 3126 SW 346th Place Federal Way, W A 98023 At Dimakis 3110 SW 346th Place Federal Way, W A 98023 City of Federal Way Attn: Bob Baker/Lori Michaelson 33530 1st Way South Federal Way, WA 98003 ~ ~ RIGHTS TO RECONSIDERATION AND CHALLENGE . THE BELOW STATED RIGHTS TO RECONSIDERATION AND APPEAL AND DESIGNED TO PROVIDE NOTICE OF TIME LIMITS AND A GENERAL OUTLINE OF PROCEDURES. THE SPECIFIC REQUIREMENTS FOR REQUEST FOR RECONSIDERATION ARE FOUND IN SECTION 22-488 OF THE FEDERAL WAY CITY CODE. THE SPECIFIC REQUIREMENTS FOR CHALLENGES TO THE HEARING EXAMINER I S RECOMMENDATION ARE FOUND IN SECTION 22-489 OF THE FEDERAL WAY CITY CODE. CLARIFICATION OF THE RIGHTS TO ... RECONSIDERATION AND CHALLENGE AND THE NAMES AND ADDRESSES OF PERSONS WHO HAVE A RIGHT TO CHALLENGE MAY BE OBTAINED FROM THE CITY CLERK OF THE CITY OF FEDERAL WAY. RECONSIDERATION Any person who has a right to challenge a recommendation of the . Hearing Examiner under the Federal Way City Code may request the Hearing Examiner to reconsider any aspect of his or her recommendation by delivering a written request for reconsideration to the Department of Community Development within seven (7) calendar days after the date of issuance of the Hearing Examiner's recommendation. The person requesting the reconsideration shall specify in the request what aspect of the recommendation he or she wishes to have reconsidered and the reason for the request. The person requesting the reconsideration shall within seven (7) calendar days following issuance of the recommendation, mail or personally deliver a copy of the request for reconsideration along with a notice of the right to file a written response to the . . . . . . request to those persons who have a right to challenge under Federal Way City Code. Proof of such mailing or personal delivery shall be made by an affidavit attached to the request for reconsideration at the time of delivering the request to the Department of Community Development. The notice shall state that such response must be received by the Department of Community Development within seven (7) cal~ndar days following the filing of the request with the department. Any person filing a respon$e to a response to the reconsideration request must distribute that response by mail or personal delivery to those persons having a right to challenge under the Federal Way City Code. Proof of such distribution by mail or personal delivery shall be made by affidavit attached to the response delivered to the Department of Community Development. Within ten (10) working days after expiration of the reconsideration period, the Hearing Examiner shall notify the persons who have a right to challenge under the Federal Way Zoning Code, whether or not the recommendation will be reconsidered. The Hearing Examiner may reconsider the recommendation only if he or she concludes that there is substantial merit in the request. The process of reconsideration will be in accordance with Section 22- 488 of the Federal Way City Code. CHALLENGE The recommendation of the Hearing Examiner may be challenged by any person who is to receive a copy of that recommendation. The challenge, in the form of a letter of challenge, must be delivered ~ te (e to the Department of Community Development within fourteen (14) calendar days after the issuance of the Hearing Examiner's recommendation or, if a request for reconsideration is filed, then within fourteen (14) calendar days of either the recommendation of the Hearing Examiner denying the request for reconsideration or the reconsidered recommendation. The letter of challenge must contain a clear reference to the matter b~ing challenged and a statement of the specific factual findings and conclusions of the Hearing Examiner disputed by the p~rson filing the challenge. The person filing the challenge shall include, with the letter of challenge, the fee established by the City. The challenge will not be accepted unless it is accompanied by the required fee. . The person challenging the recommendation shall within said . fourteen (14) calendar day period mail or personally deliver a copy of the letter of challenge along with a notice of the right to file a written response to the challenge to those persons who have the right to file a challenge under Section 22-489 of the Federal Way City Code. The notice shall state that such response must be received by the Department of Community Development within five (5) working days following the filing of the written challenge with the department. Any person filing a response to. the reconsideration request must distribute that response by mail or personal delivery to those persons having a right to challenge under Section 22-489 of the Federal Way City Code. Proof of such distribution by mail or . . . . . . personal delivery shall be made by affidavit attached to the response delivered to the Department of Community Development. The recommendation of the Hearing Examiner may be challenged whether or not there was a request to reconsider the Hearing Examiner's recommendation. Any challenge of the Hearing Examiner's recommendation will be heard by the Federal Way City Council. a a e e MEETING DATE: May 20, 1997 ITEM# ~GL) ..................................................................................................................................................................................................................................................... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Fire District 39 Interlocal Agreement on E911 Equipment! .........................................~~f.~~.!:~..~.~P!~!!Y"..~~.~~!g...._................................................................................................................. CATEGORY: BUDGET IMPACT: _X_CONSENT _ORDINANCE _BUSINESS _HEARING FYI RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: S Expenditure Amt: S Contingency Reqd: S ATTACHMENTS: Interloca1 Agreement ..................................................................................................................................................................................................................................................... SUMMARYIBACKGROUND: The City recently installed/added a system to its phone system that identifies the exact location of the caller to the E911 dispatcher. The Fire District is interested in sharing the costs and using the capabilities of the system to identify the correct location of its office phones. This proposed Interloca1 Agreement outlines responsibilities and compensation for including the Fire District on the City's E911 telident system. This is a cost effective solution for the Fire District and reduces ongoing costs for the City as well. CITY COUNCIL COMMIITEE RECOMMENDATION: Approval by COWlcil -~~~~~.~~_c::..~~~~~~:.-~:'::-=-~-:~--------fJ24.M{,ie4---------..--h APPROVED FOR INCLUSION IN COUNCIL PACKET: (/!)jlJ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: lL"APPROVED _DENIED _TABLEDIDEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # S RESOLUTIONN #!tXt:}j 1J1 PJ~ 8P/jq7 . . · · DRAFT 5>79/97 AN INTERLOCAL AGREEMENT BElWEEN THE CITY OF FEDERAL WAY AND KING COUNTY FIRE PROTECTION DISTRICT NO. 39 Relating to 911 Telecommunications Systems This Agreement is made and entered into on . 1997, by and between King County Fire Protection District Number 39, a political subdivision of the State of Washington (hereinafter referred to as the "District"), and the City of Federal Way, a Washington municipal corporation (hereinafter referred to as the "City"), not withstanding that certain Interlocal Agreement Relating to Telecommunications previously entered into between the parties dated approximately March 19, 1991 and subsequently amended on April 25, 1994. WHEREAS, the City ent~red into an agreement with Telident and US-West companies for the purchase, instaiiation, and ongoing maintenance and operation of a Telident Station Translation System ("the System") to provide accurate location identification of phones within the City and Fire District PBX system to the 911 dispatch center; and . WHEREAS, the District and the City determined that the System provides life and property protection features that are desirable to both agencies, and the sharing of the System will be the most efficient use of resources for both agencies; and WHEREAS, this Agreement is authorized by the provisions of chapter 39.34 RCW, which authorizes the joint exercise, by agreement, of two public agencies of any power common to them; NOW, THEREFORE, in consideration of the terms and provisions contained herein, it is agreed between the City and the District as follows: 1. Scope. Unless otherwise specified herein, this Agreement shall cover such equipment, software, and data directly related to the above mentioned System. 2. City Duties. The City agrees to purchase, install and set up the System, program phone numbers and location addresses into the System for the PBX system as it exists at the time of this Agreement; update phone numbers and location address data bases maintained by US West on not more than a quarterly basis; and maintain System integrity as applicable. This Agreement does not cover any future replacements or upgrades of the System. . 3. District Duties. The District agrees to program the District PBX unit to route 911 calls to the City PBX over the existing Tl line; and provide updated and accurate phone number lists and locations of phones within the District PBX to the City on a quarterly basis. e e 4. Compensation. For equipment and services described in Section 2 herein, . the District agrees to pay the City: a) Four thousand eight hundred and forty-four and 001100 dollars ($4,844) no later than June I, 1997 for acquisition, installation, and set-up of the System; b) One thousand and twenty-one dollars and 001100 ($1,021) for the first year's maintenance and operations costs of the System and 23% (twenty-three percent) offuture annual maintenance and operations costs of the System payable annually within 30 days of notification of such costs. 5. Termination. Either party may terminate this Agreement by giving one (1) year's notice for the subsequent year's service. 6. Independent Telecommunication Responsibilities. The City and District each shall be responsible for.. their own telecommunications technical support, maintenance, programming, upgrades and associated duties. 7. Cooperation Among Parties. To facilitate performance under this Agreement, the parties shall have full cooperation and assistance from each party, its officers, agents and employees. 8. Indemnification, 8.1 District Indemnification. The District shall indemnify and hold . harmless the City, its elected officials, officers, agents, volunteers and employees or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages, including attorney's fees, of any nature whatsoever arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its elected officials, officers, employees, agents and volunteers, or by the District's breach of this Agreement. 8.2 City Indemnification. The City shall indemnify and hold harmless the District, its elected officials, officers, agents, volunteers and employees or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages, including attorney's fees, of any nature whatsoever arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its elected officials, officers, employees, agents and volunteers, or by the City's breach of this Agreement. The provisions of this Section shall survive the expiration of termination of this Agreement with respect to any event occurring prior to such expiration or termination. 9, Filing: A copy of this Agreement shall be filed with the City Clerk of the City of Federal Way, and the for the District and recorded with the King County Auditor. . . . . e e 10. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. 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. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. IN WITNESS WHEREOF, authorized representatives of the parties hereto have signed their names in the spaces set!orth below. KING COUNTY FIRE PROTECTION DISTRICT #39 CITY OF FEDERAL WAY By: James Hamilton Its: Administrator By: Kenneth E. Nyberg Its: City Manager DATED DATED Approved as to Form for KING COUNTY FIRE PROTECTION DISTRICT #39 Approved as to Form for CITY OF FEDERAL WAY By: Londi K. Lindell Its: City Attorney By: Its: Attest: This _ day of Attest this _ day of . 1997 . 1997 N. Christine Green, CMC Federal Way City Clerk K:\FINANCE\COUNCIL\MIS.DOC .. .. e e _~~.!~~.!?~~.._.~~y.~ ._~~2.._.._._._.._._._.._._ ~==:1Z2~1.. . CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: :&sential Public Facility Code Amendment -..-----..-.---..---..------.---------..-----..----------..-..-..---.---..---.-..-.-----------..-- CATEGORY: BUDGET IMPACT: ~CONSENT X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT _PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ---..---..---.-...-----..-.---..-.-.-------..-----..-----..-..---..-..---..-...-..-..-..-..-..-------..-..-..-..-..-...-- ATTACHMENTS: 1) Draft Ordinance 2) Cover memo to LUTC 3) Planning Commission recommendation 4) Letter from Port of Seattle 5) Staff Report -.--..-------.-.-.-.-.-..---.--..---.-.-.-..-.-..------.--.-..----.-.-.-.-..-----..-.-------..----.-..-.--.-.-. SUMMARY /BACKGROUND: The State's Growth Management Act requires cities to adopt a defmition and process . for reviewing essential public facilties. This draft ordinance has suggested language recommended by the Planning Commission and amended by the LUTC. ---.-------..---.-.-.---..-.-.-.----.-.---------------------------------------------------------------------------- CITY COUNCIL COMMI'ITEE RECOMMENDATION: The LUTC recommends approval of the ordinance as amended. -.--..-.-.-.-.-.-.-.-.-..-.-.-.-.--.-.-.-.-..-.-.-.-.-.-'-'-'-"-'-'--'-"-'-'-'-'-"-'-';Z:;'--'--'-'-"-'-'-'-'-' CITY MANAGER RECOMMENDATION: Af(VI'V-'1i'f C>4-d.~,..,,;'..~ c'-') C~~~ ' . /)ttL' . Jl ~~'" r ." /' , .:.' l /,., ./ ~ -.-.-.--.-.-.-.-.-.-..-.-.--.-..-.-.-.--..-.-.-.-.-.-._._._.._._._._._._.__._.l '. '0..1+. -. " :~_._._. I v APPROVED FOR INCLUSION IN COUNCIL PACKET: vJf (BELOW TO BE COMPLETED BY CITY CLERICS OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERREDINO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # l:sf Yeadtntj f;VJ..cfrnlJif /73 5-lc-9L 5-20-97 ~VER-5124194 . . . e e DRAFT 'I/o< .~/ 97 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 22 OF THE FEDERAL WAY ZONING CODE, PERTAINING TO LAND USE AND ZONING, ADOPTING A NEW DEFINITION, REVIEW PROCEDURES, AND SITING CRITERIA FOR ESSENTIAL PUBLIC FACILITIES, AS REQUIRED BY THE GROWTH MANAGEMENT ACT, RCW 36.70, AND THE FEDERAL WAY COMPREHENSIVE PLAN. A. The Growth Management Act (WAC 365-195 sections 365-195) and the Federal Way Comprehensive Plan (LUP50) requires that the City establish a definition and review process for proposed essential public facilities; and B. Amendments to the Federal Way City Code (FWCC) text are authorized pursuant to FWCC Sections 22-216 ~nd 22-217 pursuant to Process IV review; and C. The Federal Way City Council has considered proposed changes to the FWCC relating to establishing a definition for essential public facilities, creating a review process and siting criteria for essential public facilities; and D. The Federal Way City Council, pursuant to FWCC 22-517, having determined the proposed changes to be worthy of legislative consideration, referred the proposed changes to the Federal Way Planning Commission for its review and recommendation; and E. The City of Federal Way SEPA responsible official has issued a Determination of Non-significance on these code amendments; and ORD# , PAGE 1 e e F. The public was given opportunities to comment on the proposed code amendments during the Planning Commission review; and G. The Federal Way Planning Commission, having considered the proposed code amendments at a public hearing during 1997 on April 2, pursuant to FWCC Section 22-523, and all public notices having been duly given pursuant to FWCC Section 22-521 ; and H. Following the public hearings, the Planning Commission submitted to the land Use and Transportation Committee of the City Council its recommendation in favor of proposed zoning text amendments affecting various sections of the FWCC as noted previously; and I. The Federal Way land Use and Transportation City Council Committee met on April 21, 1997 to consider the recommendation of the Planning Commission and has moved to forward the proposed code amendments, with modifications to the full City Council; and J. There was sufficient opportunity for the public to comment on the Proposal; NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOllOWS: Section 1. Findinas. After full and careful consideration, the City Council of the City of Federal Way makes the following findings with respect to the Proposal and the proposed amendments to the Federal Way City Code ("FWCC"): ORD# , PAGE 2 . . . . . . e e 1. The Washington State enacted the Growth Management Act which requires the siting of essential public facilities under RCW 36.70A; and 2. The City of Federal Way's Comprehensive Plan contains the policy statement, LUP50, "Amend the City Code to include a list of locally defined essential public facilities and an appropriate land use review process" ; and 3. Class I facilities of a state, regional or county wide nature may be difficult to site and generally unpopular; and 4. Class II facilities are local in nature and have been reviewed within the last two years in the group home code amendments and the 1724 code amendments; 5. The Federal Way SEPA responsible official issued a Determination of Non- significance on March 9, 1997 on this code amendment; and 6. The proposed code amendments would not adversely affect the public health, safety or welfare; and 7. The Planning Commission, following notice thereof as required by RCW 35A.63.070, held public hearings on the proposed code amendments and has considered the testimony, written comments, and material from the public by and through said hearings. Section 2. Conclusions. Pursuant to FWCC Section 22-217 and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the Proposal: ORD# , PAGE 3 e e 1. The proposed code amendments are consistent with the following Comprehensive Plan policy: LUP50-Amend the City Code to include a list of locally defined essential public facilities and an appropriate land use process. 2. The proposed code amendments bear a substantial relationship to the public health, safety and welfare because it addresses concerns for the public health, safety, and welfare by establishing a definition, siting criteria, and review process for essential public facilities that are consistent with state law and reflect a reasoned balance between the rights of property owners and the broader community interest. Section 3. Amendments. The Federal Way Zoning Code, Chapter 22, is amended as follows: Section 22-1 Definitions Essential Dublic facilitv is any facilitv or conveyance which has the following attributes: 1. It is tvpicallv difficult to site due to unusual site reauirements and/or sianificant public opposition: 2. It is necessary component of a system. network or proaram which provides a public service or aood: 3. It is owned or operated bv a unit of local or state aovernment. private. or nonprofit oraanization under contract with or receivina aovernment fundina. or private firms subiect to a public service obliaation: ORD# , PAGE 4 . . . . . . tit e 4. It meets a aeneral and/or specific category for facility types or individual facilities listed below in Class I and Class II essential public facilities. a. Class I: Facilities of a County. Reaional or State-wide Nature Those essential public facilities intended to serve a population base that extends significantly beyond the boundaries of the City. and which may include several local iurisdictions or a sianificant share of the Puaet Sound reaional population. Such facilities may include. but are not limited to. the followina: 1. State or reaional education facilities (except minor branch facilities) a. Research facilities b. University branch campuses c. Community College 2. State or reaional transportation facilities a. Liaht and/or standard rail lines b. Commuter terminals c. Transit centers d. Park and Ride Lots in residential zones 3. State or reaional correctional facilities 4. Solid waste handlina facilitiesllarae scale) a. Transfer station b. Recyclina center 5. Sewaae treatment plants ORD# , PAGE 5 e e 6. Power Plants b. Class II: Facilities of a Local Nature. Those essential public facilities that are intended to meet the service needs of the local community, In any cases local facilities are characterized by providina some type of in-patient care. assistance. or monitorina. Such facilities may include. but are not limited to the followina: 1. Substance abuse facilities 2. Mental health facilities 3. Group Homes/Special Need Housina 4. Local schools a. Elementary school b. Middle school c. Hiah School 5. Social service transitional housina a. Domestic violence shelter b. Homeless shelter c. Work-release . . Sec. 22-946.1 Essential Public Facilities (a) Generally. The review and sitina of essential public facilities shall conform to the followina: ORD# , PAGE 6 . . . . e e 1.. Class 1 facilities shall be reviewed under Process IV. Hearinas Examiner Decision. Proiect review shall also include those special provisions outlined in part b of this Section. 2.:... Class" facilities shall be reviewed under the zonina provisions and processes found in their respective zonina districts. UNLESS they are found to be exempt under the Federal Fair Housina Act. in which case such exemption does not imply an exemption from applicable buildina or structural standards. !Ql Site evaluation criteria. The followina criteria will be utilized in evaluatina sitina proposals made by sponsorina aaencies or oraanizations seekina to site Class I essential public facility in Federal Wav. These criteria encompass an evaluation of reaional and/or local need and local site suitability for the proposed facility. Findings concerning the proposal's conformance with each criteria shall be included in the documentation of any City decision relatiye to the proiect. 1. Demonstration of Need. Proiect must establish the need for their proposed facility. Included in the analysis of need should be the proiected service population. an inyentory of existina and planned comparable facilities. and an assessment of demand for this type of essential public facility. ORD# , PAGE 7 e e 2. Relationship of Service Area to Population. The facility should service a . share of Federal Way's population within the City. The proposed site should also be in a location that reasonably serves its over-all service area population. 3. Minimum Site ReQuirements. Proiect sponsors shall submit documentation showing the minimum site reQuirement needs for the facility. Site reQuirements may be determined by any or all of the followina parameters: minimum size of the facility. access. necessarv on-site support facilities. topoaraphY. aeoloay and soils. and mitiaation reQuirements. The sponsor shall also identify any future expansions of the facility. 4. Alternative Site Selection. The sponsor shall document whether any . alternative site have been identified that meet the minimum site reQuirements of the facility. Where a proposal involves expansion of an existing site. the documentation should indicate why relocation of the facility to another site would be infeasible. 5. Concentration of Essential Public Facilities. In considerina a proposal. the City shall examine the overall concentration of these facilities within the City to ayoid placing undue burden on anyone neiahborhood. ORD# , PAGE 8 . . . . a. - e e 6. Public Participation. Sponsors shall conduct local out reach efforts with early notification to prospective neiahbors to inform them about the proiect and to enaaae local residents in site plannina and mitigation desian prior to the initiation of formal hearinas. 7. Proposed Impact Mitiaation. the proposal must include adeauate and appropriate mitiaation measures for the impacted area and neiahborhood. Mitiaation measures may include. but are not limited to natural features that may serve as buffers. other site desian elements used in the development plan. and/or operational or other programmatic measures contained in the proposal. The proposed measures should be adeauate to substantially reduce or compensate for anticipated adverse impacts on the local environment. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the yalidity of its application to other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. ORD# , PAGE 9 - e - e PASSED by the City Council of the City of Federal Way this day of ,1997. CITY OF FEDERAL WAY MAYOR, MAHLON S. PRIEST ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. ORD# , PAGE 10 . . . . . . ~ .. e e M~O TO: City Council Land Use Committee FROM: Kathy McClung, Deputy Director CDS~ DATE: April 9, 1997 RE: Essential Public Facilities As part of the Growth Management Act, the 'city is required to adopt a definition and review process for siting essential public facilities. Attached in your packet is the following: 1. Planning commission recommendation and findings 2. Staff report prepared by Don Largen of McConnell/Burke, Inc. 3. Letter from Port of Seattle 4. Suggested language for Code adoption. (Pages A and Bare definition, and pages C and D is process language) .. - e e , ! CITY OF FEDERAL WAY Planning Commission . DATE: APRIL 15, 1997 TO: CITY COUNCIL FROM: ROBERT VAUGHAN, CHAIR SUBJECT: PLANNING COMMISSION RECOMMENDATION - ESSENTIAL PUBLIC FACILITIES ~~~~~~~~~~~~~~~~~~~ "- III ... Wftl~"",.."", I. BACKGROUND One of the code amendments identified for the 1997 Planning Commission work program is to establish a definition and process for the review and siting of essential public facilities. Creating a process for the review of essential public facilities is a requirement of the Growth Management Act, specifically WAC 365-195 Procedural Guidelines, sections 340 and 840. . II. PlANNING COMMISSION PROCESS The Planning Commission conducted a public hearing on essential public facilities on April 2, 1997. There was no public testimony, however a letter was submitted for the record by the Port of Seattle regarding the inclusion of airport facilities in the amendment. City staff has made the modifications requested by the Planning Commission and has indicated text to be removed from the FWCC by using Strike Outs and indicating added text by using underlining. This allows the Council to easily distinguish the changes being recommended by the Planning Commission. The revised FWCC chapters are attached to this document in the form of a draft ordinance. III. SUMMARY OF CHANGES The following list summarize the major code amendments reviewed by the Commission during this code revision process. A. Inclusion of a definition of essential public facilities which includes a general description, types of uses of a regional, county, or statewide nature (Class I), and types 1 . -- - of uses of a local nature (Class II). The Planning Commission had a split decision (2-2) . regarding the inclusion of airports in the Class I facilities. B. The review process for Class I facilities is recommended as a Process IV (Hearing Examiner). C. The review process for Class II facilities is recommended as the existing zoning provisions listed for the particular use. D. Siting criteria are recommended for Class I facilities as shown on page 7 of the staff report. IV. PLANNING COMMISSION FINDINGS & RECOMMENDATIONS The Planning Commission bases its recommendation of adoption of the proposed amendments to the FWCC to implement the requirements of WAC 365-195 on the following findings: 1. VVhereas, the Washington State Legislature enacted the Growth Management Act which requires the siting of essential public facilities under RCW 36.70A, and 2. VVhereas, the City of Federal Way's Comprehensive Plan contains the policy statement, LUP50, "Amend the City Code to include a list of locally defined essential public facilities and an appropriate land use review process", and . 3. Whereas, Class I facilities of a state, regional oR county wide nature may be difficult to site and generally unpopular, and 4. VVhereas, Class II facilities are local in nature and have been reviewed within the last two years in the group homes code amendments and the 1724 code amendments, and 5. The Federal Way SEPA responsible official issued a Determination of Nonsignificance March 9, 1997 on this code amendment, and 6. Whereas, the proposed code amendments would not adversely affect the public health, safety or welfare. ~().~- Robert Vaughan, ChairV' Federal Way Planning Commission . 2 \ t" - Port of Seattle . ..' .if viafax (206) 661-4119 original sent via U.S. mail . March 31. 1997 Greg Moore. AICP Director of Community Development Services City of Federal Way 33530 First Way South Federal Way. W A 98003 Subject: Federal Way proposed essential public facilities siting process Dear Mr. Moore: We would like to take this opportunity to comment on the proposed addition to the Federal Way City Code (FWCC). Chapter 22. Article XVIII to establish a siting process for essential public facilities as stipulated under the State Growth Management Act (GMA). Given that no portion of Seattle-Tacoma International Airport is located within Federal Way. the . siting process described in the proposed amendment would not apply to any developments or expansions at the Airport. Even so. we do concur with the City's conclusion that expansions to Sea- Tac Airport qualify as an essential public facility and should be included in the inventory of such facilities identified in the FWCC. This is appropriate based on the following facts: 1) Sea- Tac Airport serves the air travel needs of Federal Way residents and businesses and is the only facility available to provide this service 2) Sea-Tac Airport is a facility of regional and state-wide importance and serves a population base that crosses county lines 3) Airports are explicitly listed in the GMA as essential public facilities [RCW 36.70A.2oo (1)] 4) Sea-Tac Airport is included in the City of SeaTac Comprehensive Plan as an essential public facility Seattle -Tacoma International Airport P.O. Box 68727 Seal/Ie, WA 98168 U.S.A. TELEX 703433 FAX (206) 431-5912 '. COMMUNI~~~~b~~~~XARTMEN. APf~ 2 1997 @ ,0' ":. -. .... . e ..&.;. .... ,................ -......... ..... -.. . CITY OF FEDERAL 'NAY Planning Commission DATE March 7, 1997 APPLICANT City of Federal Way PROPOSED ACTION Text additions to Chapter 22, Article XVIII of Federal Way City Code to provide a process for the siting of essential public facilities as stipulated under the Growth Management Act RCW 36.70A. STAFF REPRESENTATIVE Don Largen, AICP Planning Consultant McConnelVBurke, Inc. STAFF RECOMMENDATION Staff recommends that the Planning Commission use the attached working draft of the as basis upon which the Commission develops a recommendation of proposed Essential Public Facility amendments -. for City Council consideration. . I. INTRODUCTION A number of items have been identified and prioritized by the Planning Commission for completion during its 1997 work program. One of these items is to establish a process for the review and siting of essential public facilities as required in the Growth Management Act, specifically WAC 365-195 Procedural Guidelines, sections 340 and 840. The City is proposing the addition of a new section to Chapter 22 (zoning code), Article XVIII of the FWCC. The additions are related to meeting the requirements of the Act and are intended to identify and provide a local process for the review and siting of essential public facilities as broadly defined in the Act. . . RECEIVED BY COMMUNI1Y DEVELOPMENT DEPARTMENT MAR 2 5 1997. . . . e ~'" . e Greg Moore, AICP City of Federal Way April 1,1997 - page 2 5) Expansion of Sea- Tac Airport is consistent with the adopted King County Comprehensive Plan and Puget Sound Regional Council (PSRC) Vision 2020 mu1ti-sounty planning policies (MPPs) and is specifically included in the PSRC Metropolitan Transportation Plan (MTP) Moreover. the purpose of this inclusion is to comply with applicable local. county. and regional policies and to help ensure that none of the City Comprehensive Plan policies directly or indirectly inhibit or preclude the expansion of Sea- Tac Airport. Thank you for the opportunity to comment. If you have any questions. please contact Troy Brown at 439-7707. Sincerely. Michael D. Fe an Director. Aviation Professional & Technical Services cc: Greg McCormick. Senior Planner. City of Federal Way ~? . . e e .1. BACKGROUND Federal Way adopted its comprehensive plan in November of 1995. Section 340 of WAC 365-195 states that a city's comprehensive plan must include a process for identifying and siting essential public facilities. In addition, a comprehensive plan may not preclude such facilities being located within the community. The City's comprehensive plan addresses. this issue by placing reliance on the County developing an interjurisdictional review and siting process, which would include identifying what facilities would be considered essential. Federal Way's policies and procedures were to be developed based on County policies. As of this report the County has not yet adopted policies or proced~res relative to these type of facilities. A conversation with County staff suggests that essential public facilities policies are a relatively low priority item on the Growth Management Planning Council agenda and may not be forthcoming for some time. The City's comprehensive plan contains the following policy statemeflt: lUP50 Amend the City Code to include a list of locally defined essehtialpublic facilities and an appropriate land use review process. (pg. 11-17) The Planning Commission has begun the implementation of this policy by placing essential public facilities regulations on its '1 ~97 Work Program. This report is intended ~ provide a starting point for Planning Commission review of this issue and eventual. ~egulatory recommendation to the City Council. . Section 840 of WAC 365-195 sets out guidelines for developing regulations fcfr the siting of essential public facilities. In part, these guidelines state the following: (1) Development regulations for identifying and siting essential public facilities shall be consistent with and implement the process for this purpose set forth in the comprehensive plan. (2) The regulations should list those types of facilities which the planning jurisdiction has determined are essential, pursuant to the definition and criteria established in the comprehensive plan for identifying such facilities. No specific review proc~ss or identification criteria have been established within the City's comprehensive plan since the City originally anticipated timely development of County policies. Therefore, the City must follow the general 'requirements found in the GMA procedural guidelines in establishing a regulatory process for these facilities. A small sample of essential public facilities regulations from other regional jurisdictions has been reviewed for definitions, approaches, and process. III. ISSUE IDENTIFICATION I ALTERNATIVE ANALYSIS _he reql:'i~em. ents of WAC 365-195-840, p'rocedural guidelines' for preparing e~sential ~cility:reg~lations, can,be .summarized into thre.e groups of considerations: . . . 2 ?~,SS~~~~~-t.s '.,.l'r...p.{.,:;,~ # ...~~.,:$}... ~~t.~~~l'.. ... ~i?~;li: . "\:;' '- ... ..~ -+... """" i'~~: .':J'. ..~. W~ ~:.~~ e e ..." ... .' ." ....... .". ;'\.. ..~, 'J . "_ ... "..... ..(: . of. Essential Public Facility ldentification of. Appropriate Review Process of. Special Provisions A. Identification Identifying what constitutes an essential public facility is the first step in developing these regulations. Identification will require a definition or set of definitions and/or an actual list of facility types. It may also include a listing of known existing and proposed facilities. Paragraph 2. of Section 840 al~o states: (2) ...The designated facilities should include those listed by the. state office of financial management and those necessary to list in order to comply with county-wide planning policies. In addition, other facilities needed locally should be listed. These may include facilities which receive funding from the state or other governmental units, but which are . not identified on the state list or by virtue of county-wide policies. . ..:~ Staff has reviewed the State Office of Rnancial Management's 10-year 1997- 2007 Capital Plan. There are no facilities listed for the legislative district in which . Federal Way is located. The County has no listing of facilities in the county-:wide policies at this time. The FWCC does contain definitions and regulations for' uses that may be considered essential local facilities under GMA. 1. Options A general definition for essential public facilities is needed before a determination can be made as to what types of land uses fall into this category. As broadly defined in WAC 365-195-340 essential public facilities may be typified by being difficult to site and their location in. a community may be locally unpopular.' Section 840 of the WAC suggests two categories of facilities, local versu~ regional or state-wide, and adds government funding as another defining attribute. The Snohomish County General Policy Plan expands the definition to include public utilities or transportation companies or.any organization providing a public service. The Seattle Land Use Code defines es'sential public facilities as only II ...airports, sewage treatment plants, jails, and power plants. a So a definition can be very broad (as in the Act), very specific (such as Seattle), or somewhere in-between. . The WAC stipulates that a list of facility types should be assembled as part of any proposed regulations. The Act does not provide specific definitions or attributes. for individual types of facilities. So again it appears that a listing may . be broad as to individual facilitv type or sp~cific to the. point of identifying known. projects. 3 e e. . Below are several combinations of approaches available for identifying and defining essential public facilities. a} A general definition only, based solely on the GMA definition, and using a discretionary administrative procedure for determining if a specific project fits the profile of the definition. b} A broad definition that is inclusive of a number of facility types, coupled with a listing of facility types that are generic::ally defined (e.g. out-patient facility). c} A relatively narrow definition that is combined with a listing of facility types that are specifically defined and/or which specifies known projects. 2. Recommendation We are recommending the following definitionlidentification that is a combination of c and b above. . A. DEFlNmoN OF ESSENTIAL PUBUC FAClUTY Any facility or conveyance which has t~e following attributes:. 1. It is typically difficult to site due to unusual site requirements and/or significant public opposition; 2. It is a necessary component of a system, network, or program which provides a public service or good; . 3. It is owned or operated by a unit of local or state government, private or nonprofit organization under contract with or receiving . government funding, or private firms subject to a public service obligation; 4. It meets a general and/or. specific category for facility types or individual facilitiesJisted below in Sections Band C. .. B. Class I: FAClUTIES OF A COUNTY, REGIONAL OR STATE-WIDE NATURE Those essential public facilities intended to serve a population base that extends significantly beyond the boundaries of the City, and which may include several local jurisdictions or a significant share of.the puget Sound regional population. Such facilities may include, but are not limited to, the following: 1. State or regional education facilities' (except minor branch facilities) a. Research facilities b. University branch campuses c. Community College 2. State or regional transportation facilities a. light and/or standard rail lines b. Commuter terminals c. Transfer centers 4 .. .. ":.: i '1 \: e e . . ., . d. Park & Ride Lots in residential zones 4. State or regional correctional facilities 5. Solid waste handling facilities (large scale) a. Transfer station b. Recycling center 6. Sewage treatment plants 7. Power plants C. Class II: FAClunES OF A LOCAL NATURE Those essential public facilities that are intended to meet the service needs of the local community. In many cases local facilities are characterized by providing some type of in-patient care, assistance, or monitoring. Such facilities may include, but are not limited to the following: 1. Substance abuse facilities 2. Mental health facilities 3. Group Homes/Special Needs Housing 4. Local schools a. Elementary school b. Middle school c. High School ... 5. Social service transitional housing a. Domestic violence shelter b. Homeless shelter c. Work-release . 3. Analvsis This approach offers both an over-all definition, which will be u'seful in eventually meeting county-wide policies when they are developed, and provides a relatively specific list of facilities that may be of particular local interest. B. Appropriate Process A review process is required for the review and siting of essential public facilities under GMA. WAC 365-195-840 provides some general guidance, but falls short of providing any specific options. Conversations with State Department of Community, Trade and Economic Development suggests that the requirement for'essential public facilities regulations is not meant to be over-burdensome, that a local jurisdiction should adopt a process that makes fits within their established regulatory framework. The City is currently updating development permit requirements and process relative to ESHB 1724 Regulatory Reform. It makes sense to integrat.e es~ential public facility regulations into this framework. . .0 5 '. . . .. e .... e 1. Options Based on our review of other jurisdictions' regulations there appears to be basically two general approaches to regulating essential facilities. a) Create a new and separate process that deals only with essential public facilities. b) Integrate essential public facilities permitting and review into the City's recommended 1724 update and provide additional general review criteria for these types of uses. 2. Recommendation ........ I~ is our recommendation that the City utilize one or more of the processes established. in the 1724 update. This should be done in. conjunction with .,. establishing additional review criteria (discussed later in this report). D. REVIEW PROCESS The review and siting of essential public facilities shall conform to the following: 1. Class I facilities shall be reviewed under Process IV, Hearings Examiner Decision, Article VII, Section 22 of the FWCC. Project review shall also include those special provisions outlined in Paragraph E of this Section. 2. Class II facilities shall be reviewed under the zoning provisions and processes found in Section 22 of the FWCC; UNLESS they are found to be exempt under the Federal Fair Housing Act, in which case such exempti.on . . does not imply an exemption from applicable building or structural standards. C. Special Provisions A set of review criteria that are specific to the siting of essenti~1 public facilities is necessary in order to base findings, recommendations, and decisions on during the review process. They should also provide general guidance for City representatives in evaluating the project relative to need, alternative sites, and appropriate mitigations in the absence of facility specific regulations. 2.' Recommendation Based on a review of other jurisdictions' approach to siting criteria we recommend the following site evaluation criteria. 6 . . e e . ".4.4 . E. SITE EVALUATiON CRITERIA The following criteria will be utilized in evaluating siting proposals made by sponsoring agencies or organizations seeking to site an essential public facility in Federal Way. These criteria encompass an evaluation of regional and/or local need and local site suitability for the proposed facility. Findings concerning the proposal's conformance with each criteria shall be. included in the documentation of any City decision relative to the project. 1. Demonstration of Need Project sponsors must establish the need for their proposed facility. Included in the analysis of need should be the projected service population, an inventory of existing and planned comparable facilities, and an assessment of demand for this type of essential public facility. 2. RelationshiD of Service Area to Population The facility's service area population should include a significant ~are Federal Wa'Ls ~opulation and/or serye_il specific segment of the population within the City. The proposeaslte should also be in a location that reasonably serves its over-all service area population. 3. Minimum Site Requirements Project sponsors shall submit documentation showing the minimum site requirement needs for the facility. Site requirements may be determined by any or all of the following parameters: minimum size of the facility, access, necessary on-site support facilities, ~ topography, geology and soils, and mitigation requirements. The sponsor shall also identify any future expansions of the facility. 4. Alternative Site Selection The sponsor shall document whether any alternative sites have been identified that meet the minimum site requirements of the facility. Where a proposal involves expansion of an existing site, the documentation should indicate why relocation of the facility to another site would be infeasible. 5. Concentration of Essential Public Facilities In considering a proposal, the City shall examine the overall concentration of these facilities within the City to avoid placing undue burden on anyone neighborhood. 6. Public Participation Sponsors shall conduct local out reach efforts with early notification to prospective neighbors to inform them about the project and to engage local residents in site planning and mitigation design prior to the initiation of formal hearings. 7. Proposed Impact Mitigation . The proposal must include adequate and appropriate mitigation measures for the impacted area and neighborhood. Mitigation measures may include, but are not limited to natural features that may serve as buffers, other site design elements used in the development plan, and/or operational or other programmatic measures contained in the proposal. The proposed measures should be adequate to substantially reduce or compensate for anticipated adverse impacts on the local environment. . . 7 . . . . . - e 3. Analysis These criteria are intended to be broad in order that they may be used in the review of a variety of projects. They'should be used in addition to any other City site design criteria that may be applicable. V. CONCLUSION The attached draft of recommended changes to the FWCC is merely a starting point for the Commission to use to craft revisions to the zoning 'code to forward to the City Council. The Commission should analyze these options along with what staff feels is the most appropriate recommendation for each issue based on the research and analysis done during this study. 8, ~ :.~... . , -. MEETING DATE: MdyUJ1 II ITEM# 1t:. ~J <..---- ......................................................................................................................................................................................................................................-............... . CITY OF FEDERAL WAY City Council AGENDA ITEM ...~!!.!!~~~!.;...~~.~.~.!:~!..:!Y~x..Q~!!...~!!!:~..:..~.~!!~.~!!!!!.~!!!.Ag.!:~~!!!~.~.!..~!!!~.~.~.~.~!!!....... CATEGORY: BUDGET IMPACT: CONSENT _ORDINANCE X BUSINESS HEARING FYI X RESOLUTION _STAFF REPORT PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ...................................................................................................................................................................................................................................................... ATTACHMENTS: 1) Cover Memorandum to LUTC; 2) Hearing Examiner Recommendation; 3)Draft Resolution; 4) Letter to the Hearing Examiner from City Attorney's Office; 5) Staff Report Packet. SUMMARY /BACKGRO UND: When the City of Federal Way incorporated on February 28, 1990, the City entered into a concomitant agreement ("Agreement))) with the Quadrant Corporation for the subject property, The Agreement established the . zoning of the property for Quadrant as Multi Family Residential, RM 3600 which was consistent with the King COlmty zoning on the property at the time. The Agreement provides for amending the agreement by the owners through a Process ill. The applicants are requesting an amendment that would allow the construction of a golf learing center. The proposal consists of a golf learning center building of approximately 10,000 square feet which includes a pro shop, deli, administration offices, and a 100 tee driving range. Adjacent to the golf center building a practice putting green is proposed. In the northwest comer of the site near Campus Drive the applicant proposes an 18 hole putting course and an 8 to 10 station batting cage. CITY COUNCIL COMMITTEE RECOMMENDATION: The Land Use and Transportation Committee reviewed the Hearing Examiner recommendation on April 7, 1997 and voted unanimously to forward a recommendation of approval of the Resolution which establishes zoning on the property, conditionally approves the proposed project and amends the original concomitant agreement to full Council. ._~~~~~~~~S~~;~~~~~;~~~~:~K{Z~'i~:---. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACfION: . _APPROVED _DENIED _TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # e e . To: From: Subject: lAND USE & TRANSPORTATIO.. N COMMI~E .. f ~I'tll t2. GREG MCCORMICK, A1CP . t. , V lJt; FEDERAL WAY GOLF LEARNING CENTER- PROCESS III DECISION April 4, 1997 MEMORANDUM Date: .....---.....................,~,........,..,............... ~~~,..,...............~ ~~"~...............~.....,..,~,..,,..,,..,........,.....~,..,.....,..,,..,,..,,..,,..,..... I. HISTORY AND BACKGROUND When the City of Federal Way incorporated on February 28, 1990, the City entered into a concomitant agreement ("Agreement") with the Quadrant Corporation for the subject property. The Agreement established the zoning of the property for Quadrant as Multi Family Residential, RM 3600 which was consistent with the King County zoning on the property at the time. The Agreement further stipulated conditions related to the review of a building permit that was pending in King County. Those conditions included landscape buffers, street improvements on Campus Drive, building heights, housing densities, phasing of development, commitment by the property owners that the housing units being constructed be a townhouse/condominium type of housing, and dedication of right of way for the extension of 10th Avenue. . The Agreement provides a process for amending the agreement by the owners. The process stipulated in the Agreement is the same process used for a quasi- judicial rezone request (Process III, Article VIII, FWCC). Process III requires a public hearing on the matter by the city's Hearing Examiner, who after the hearing will make a recommendation on the application to the City Council. (Note: This project is vested under the FWCC prior to the code revisions made pursuant to Engrossed Substitute House Bill 1724. ) II. PROJECT SUMMARY The proposed project consists of the construction of a golf learning center which incorporates a number of uses. These uses include a golf center building of approximately 10,000 square feet which includes a pro shop, deli, administration offices, and a 100 tee driving range. Adjacent to the golf center building a practice putting green is proposed. In the northwest corner of the site near Campus Drive the applicant proposes an 18 hole putting course and an 8 to 10 station batting cage. On site parking will be provided for the proposed uses. The project is located on the south side of Campus Drive, west of the Bonneville Power Administration (BPA) power line easement at approximately 7th Way Southwest. . The applicant is requesting modification of a number of sections of the Agreement. The following is a summary of the requested modifications: e e Land Use & Transportation Committee Page 2 April 4, 1997 . 1. Amend Section 2 (B) of the Agreement to reduce the required buffer adjoining the single family zoned property from 100 feet of Type I to 40 feet of Type I landscaping. 2. Amend Section 2 (D) of the Agreement to eliminate the requirement to widen Campus Drive for the entire length of Parcels 7 and 5 and construct a center left hand turn lane. 3. Amend Section 2 (E) of the Agreement to allow poles supporting the driving range protective netting up to 100 feet in height and limit the building height of all other structures on the site to 50 feet. 4. Amend Section 2 to allow the construction of the Federal Way Golf Learning Center as described above. 5. Amend Section 3 of the Agreement to eliminate the requirement for dedication of right-of-way necessary for the extension of 10th Avenue SouthwesU344th Street Southwest. 6. Staff is recommending that the following subsections be added to Section 2 of the Agreement, which provide additional development standards for the proposed project: . A. The uses and site shall be developed substantially in accordance with the approved site plan. B. The signage standards of Section 22-1600, FWCC Table 2 (Recreation) shall apply to the proposed project. Directional signs as provided in Section 22-1599, FWCC shall be allowed. C. A 100 foot landscape buffer of Type" landscaping along the length of the subject property fronting on Southwest Campus Drive, east of the proposed driveway for the development and adjacent to the proposed golf driving range area as depicted on the attached site plan. A 50 foot landscape buffer of Type II landscaping along Southwest Campus Drive west of the proposed driveway for the development adjacent to the proposed golf putting courses as depicted on the attached site plan. D. A 25 foot landscape buffer of Type III landscaping along the easterly property line abutting the BPA power line easement. E. The proposed development shall comply with the provisions of Article XIX, FWCC, Community Design Guidelines. III. STAFF REVIEW . City staff performed a preliminary site plan review of the project in conjunction with the rezone/concomitant agreement amendment process and have found it in compliance with . . . e e Land Use & Transportation Committee Page 3 April 4, 1997 applicable sections of the code. However, at the conclusion of the rezoning/amendment process staff will complete the site plan review in light of any additional conditions or mitigation that are imposed during the course the public hearing process. Staff recommended conditional approval of the proposed amendments to the Hearing Examiner as indicated in the attached staff report. IV. HEARING EXAMINER REVIEW On February 18, 1997 the City of Federal Way Hearing Examiner conducted a public hearing on the proposed amendments to the Parcel 7 concomitant agreement. At the hearing the owners of Parcel 5, Polygon 2000, raised questions related to the proposed amendments. The Hearing Examiner requested city staff to review the issues raised at the hearing and provide a response to the Examiner. Bob Sterbank, Assistant City Attorney, reviewed the original agreement and subsequent amendments and responded to the Hearing Examiner's question in the March 27, 1997 letter included in this packet. The Hearing Examiner has recommended that the proposal be conditionally approved. The conditions of approval are those provided in the attached draft resolution, Section 4 - Conditions of Approval with the exception of the proposed elimination of a condition in the original staff report. In place of condition to widen Campus Drive, the Hearing Examiner (Section 13 of the Examiner's recommendation), based on the March 27,1997 from Bob Sterbank, recommends that a condition requiring the Owner and Developers to dedicate five feet of right-of-way along the entire Campus Drive frontage of Parcel 7 to facilitate the City's widening of said road and that the Developers pay a pro rata share of the widening project estimated at $46,800 be substituted for the original condition. Please refer to Section 4 - Conditions of Approval, Condition 9A for the complete language on this condition. e e CITY OF FEDBRAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) ') FEDERAL WAY GOLF LEARNING CENTER ) ) PROCESS III ) ) FWHE#97-02 UPR96-0023, SEP96-0019, SPR96-0020 I. SUMMARY OF APPLICATION The proposed project consists of the construction of a golf1eaming center which incorporates a number of uses. These uses include a golf center with a pro shop of approximately 10,000 square feet, deli, administration offices, a 100 tee driving range, a pratice putting green, an 18 hold putting course and an 8 to 10 station batting cage. II. PROCEDURAL INFORMATION Hearing Date: February 12, 1997 Decision Date: April 4, 1997 At the hearing the following presented testimony and evidence: 1. Greg McCormick, City of Federal Way 2. Jack McClurg, applicant 3. Allen Bowman, Vice President of Polygon 4. Rick Perez, City of Federal Way Traffic Engineer At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments 5. Letter with attachinents from Bob Sterbank, Assistant City Attorney, dated March 27, 1997 ITI. FINDINGS 1. The Hearing Examiner has heard testimony, admitted docwnentary evidence into the record, and taken this matter under advisement. ~ '3:~Vd Htl9 ?.a ~crlS >a' :UO 1 61 : ~ 1 (IB.:1) 1.,6. tlO 'BdV . . . . . . e e Federal Way Golf Learning Center April 4, 1997 Page 2 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit Ill" and incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC). 4. The applicant has a possessory ownership interest in a 22.47 acre, triangular shaped parcel of property within the City of Federal Way. Southwest Campus Drive abuts the parcel on the north and the Bonneville Power Administration (BP A) power line easement abuts the hypotenuse on the southeast. To the east of the site across Southwest Campus Drive and the BP A easement, are the King County Aquatic Center and Panther Lake Park. Immediately northeaSt of the site are Saghalie Junior High School and Saghalie Park. Abutting the site on the west is undeveloped property classified as Multi-Family Residential (RM 2,400) and single family residential (RS-7.2). To the north of the site across Southwest Campus Drive is the multi family project ofOlen Park. s. A review of the site plan reveals that a single access is provided from Southwest Campus Drive opposite the entrance to the Olen Park multi-family housing project The northwest comer of the site, adjacent to Southwest Campus Drive, is proposed for improvement with an 18 hole putting range, 54 parking stalls, and batting cages. The golf driving range is located adj acent to the BP A easement with the tees aligned in a northeast/southwest direction parallel to said easement. A golf center (pro shop) and 164 parking stalls are located southwest of the tees in the comer of the site. Significant trees are located around the perimeter of the site and will be preserved. The applicant proposes to install driving range protective netting up to ) 00 feet in height to protect adjacent properties from errant golf balls, and will limit the building height of aU other structures to SO feet. 6. Upon incorporation of the City of Federal Way on February 28, 1990, the previous owner of the property (Quadrant Corporation) and the City executed a Concomitant Agreement which classified the parcel as Multi-Family Residential (RM-3600) and authorized construction of233 townhouse/condominium attached housing units. Said agreement also authorized the property owners or their successors and assigns to request a zone reclassification pursuant to the Process III procedure set forth in the Federal Way City Code (FWCC). The RM 3600 classification as defined in the Concomitant Agreement does not authorize the proposed use. Pursuant to the City's determination, the applicant is requesting a zone reclassification to RM 3600-1 which, if granted, will specifically authorize the driving range, putting course, and batting cages. 7. Prior to obtaining a zone reclassification the applicant must establish that the request satisfiesothe criteria set forth in Section 22"299 FWCC. Findings on each criteria are hereby made t> '3~Vd 6;Ot>9 ~a ~a1S: I >g H~O~ 6! :€~ (IE.:!) L6. va 'EdV e e Federal Way Golf Learning Center April 4, 1997 Page 3 . as follows: A. The proposed zone reclassification is in the best interest of the residents of the City. While many parcels within the City are available for development into single family and mult- family housing areas, few parcels are appropriate for recreational uses, especially golf driving ranges. Such is evidenced by the fact that the City has only one private golf course (Twin Lakes), no public golf facilities, and no golf driving ranges. This project will provide residents 'With a needed and presently unavailable recreational opportunity. B. The proposed zone reclassification is appropriate because conditions in the immediate vicinity of the property have so significantly changed since the property was originally zoned RM 3600. that a rezone is 'Within the public interest. The Campus Drive corridor initially began developing as a medium to high density residential corridor. However, in the area of the project Campus Drive has developed into Ii significant' recreational center to include the King CountylWeyerhaeuser Aquatic Center, Panther Lake Park. Saghalie Park, and the BP A bicycle/walking trail. Saghalie Park combined with Saghalie Junior High School provides several ball fields, soccer fields, tennis courts. basketball court, and a walking trial. Development of this parcel will complement existing recreational opportunities by providing a totally different, yet consistent fonn of recreation. . 8. Prior to obtaining a zone reclassification the applicant must also establish that the request satisfies the criteria set forth in Section 22-302 FWCC. Findings on each criteria are hereby made as follows: A. The project meets the criteria contained in Section 22-299 FWCC as set forth above. B. The proposed project complies 'With Chapter 22 FWCC in all respects. The Concomitant Agreement is proposed for amendment to implement appropriate development standards to ensure mitigation of impacts on surrounding properties. C. The site plan is designed to minimize all adverse impacts of the development on properties in the immediate vicinity. Major impacts addressed by the City include aesthetics and lighting. Mitigating measures set forth in the MDNS and conditions of approval hereinafter require limited hours of operation, compliance with the FWCC lighting and glare requirements. and traffic mitigation. The replica of the project shows the buffering between the driving range and nearby residential projects, and establishes that lighting impacts will be completely mitigated. D. The site plan is designed to minimize impacts upon public services and utilities. The . r "20Vd 6E;to9 za oal~ ~ H~Ol OZ"E;l (IBd) 1.6. too "B:2V . . . - - e e Federal Way Golf Learning Center April 4, 1997 Page 4 driving range and accessory uses will require typical public services and utilities, all of which are available. Furthermore, development of the site into a multi-family complex in accordance with the present zone classification would require substantially more of such facilities and services. 9. Prior to obtaining a zone reclassification, the applicant must establish that the request satisfies the criteria set forth in the Process III review procedure in Section 22.476 et. seq., FWCC. Said procedure authorizes the Hearing Examiner to recommend approval or disapproval of the zone classification request to the Federal Way City Council based upon whether or not, in the E~er's opinion. the request satisfies the criteria set forth in section 22-490 Cd) FWCC. Findings on each criteria set forth therein are hereby made as follows: A. The project is consistent with the City of Federal Way Comprehensive Plan. The project implements policy LUP.15 of the Comprehensive Plan as it adequately protects residential areas from the impact of non-residential uses, which in this case is the golf driving range. The project also implements policy TP-S as it protects neighborhoods from traffic impacts. This site will generate virtually no traffic during the a.m. peak period, and experiences it's most significant use on the weekends. During the week, the major use of the site occurs from noon to 4:00 p.m., non.peak traffic periods. B. While the 1995 Comprehensive Plan designates the property as multi-family residential, such is based upon the Concomitant Agreement which the applicant is proposing to amend pursuant to the procedure and criteria set forth therein. Furthermore, this project will provide a needed recreational opportunity for residents of both nearby multi-family projects and the City as a whole, and is complementary with the area. C. The project is consistent with the applicable provisions of the FWCC and will be subject to the terms and conditions of the Amended Concomitant Agreement. D. The proposed driving range and accessory uses are consistent with the public health, safety, and welfare. Potential adverse impacts were identified and mitigated during the environmental review, and the recreational opportunity will further the health, safety, and welfare of City residents. 10. At the public hearing, Allen BOWI11Wlt Polygon 2000 Inc., appeared in support of the project, but opposed the proposed changes to the Concomitant Agreement. He stated that the original Concomitant Agreement covered parcels 5 and 7 which. the City always treated together. The present development is proposed for parcel 7 and the amendment to the Concomitant Agreement with eliminate the requirement that parcel 7 participate in the cost of extending 9 ':::~""d Ht>9 ~a ~a'Hl J >g ~uo J ; ~ : 6; (IB.:l) 1...6. 7:)"d.... - - e e Federal Way Golf Learning Center April 4, 1997 Page 5 10th'Ave. SW. The Examiner left the record open for the City Attomey to respond to Polygon's concerns. The City Attorney responded by letter dated March 27, 1997, which included a number of attachments. . 11. In 1990 the Federal Way City Council adopted separate concomitant agreements for parcel 7 and parcelS. At that time the Quadrant Corporation owned both parcels outright and Polygon held options to purchase said parcels. At some point Polygon exercised its option and closed its purchase of parcel 5 which meant that Polygon owned parcel 5 and Quadrant owned parcel 7. In July, 1991, Polygon sold the majority of parcel 5 (now known as parcel SA) to the City, which along with the Federal Way School District, developed said parcel into a junior high school and City park. Polygon retained ownership of the remainder of parcelS which was known as parcel5B. The history of both concomitant agreements and amendments thereto demonstrates that the City has treated the parcels separately when warranted by separate ownership. Separate concomitant agreements were adopted for the separate parcels. Resolution 93-128 was adopted to remove parcel SA from coverage under the Concomitant Agreement for parcelS upon its purchase by the City. The only time the two parcels (5 and 7) were treated together was in Resolution 93-144 wherein Polygon applied to develop parcels 5 and 7 together. The City's action in processing Quadranfs application for development of parcel 7 independent of any action by Polygon concerning parcel SB is correct and consistent with previous actions. . 12. The City is correctly interpreting the Concomitant Agreement for parcel 7 by not requiring said parcel to contribute to the capital cost of improving 10th Ave. SW. The original Concomitant Agreement for parcel 7 provided: The Owners shall agree to set aside and dedicate to the City the necessary right-of-way corridor as established by the Federal Way City Council...for the extension of 10th Ave. SW., 344lh right-of-way corridor.... The right-of-way for the route thus established shall be dedicated by Owners to the City prior to the issuance of building permits on either parcels 5 or 7 [paragraph 3]. This requirement covered dedication of right-of-way and not payment of capital construction costs. Resolution No. 93.144 made it clear that improvement of 10lh Ave. SW would be triggered by development of parcelS and that responsibility for capital construction costs would be borne by parcel S and owners of property adjacent to the 10th Ave. SWextension. Said resolution eliminated any responsibility for parcel 7 to contribute to the cost of 10th Ave. SW improvements. 13. Paragraph 2D of the 1990 Concomitant Agreement for parcel 7 requires that the owner widen Campus Drive along the property frontage prior to the issuance of occupancy permits. A L .3:)..... d 6E:t>9 ~a :)G1E 'i HJ.O 1 1 ~: E: 1 (1E..o) L6. '170 .Ed..... . . . . e e Federal Way Golf Learning Center April 4, 1997 Page 6 similar provision is inclucled in the 1990 Concomitant Agreement for parcelS. The City is proposing to modify the Concomitant Agreement and clarify that Quadrant is responsible for widening Campus Drive only along the westernmost 400 feet or so feet of its property, and that it is not required to widen Campus Drive or construct a left twn lane along the frontage of parcel S. City staff has' concluded that a left turn lane is not necessary to mitigate traffic impacts flowing from the project, but that widening Campus Drive will mitigate traffic impacts. The amendment to the Concomitant Agreement requires Quadrant to dedicate five feet of additional right-of-way along the frontage with parcel 7 to facilitate the City's widening of said road. Quadrant will pay its prorata share of the widening project which is calculated at $46,800.00 IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The request for a zone reclassification and amendment to the Concomitant Agreement satisfies the criteria set forth in Sections 22-302,22-299, and 22-490 of the Federal Way City Code and therefore should be approved by the Federal Way City Council, subject to the following condition: Hours of operation shall be limited to from 7:00 a.m. to 11 :00 p.m., seven days per week; provided, however, that the driving range, putting course, and batting cages shall close to the public no later than 10:00 p.m. The applicant shall diminish the lighting during the last pour to that necessary to collect golf balls and perfonn maintenance to thefacility. IU;COMMENDATION: It is hereby reconunended to the City Council of the City of Federal Way that the request for a zone reclassification and amendment to the Concomitant Agreement be approved subject to the condition contained in the conclusions above. DATEDTHIS~DA~~ ~ L STEPHEN K. CAUSSEAUX, JR. Hearing Examiner e .2~Vd 6E79 ~L~ ~alS: "l/ H~Ol ~~:Sl :Il:L:1l L6. toO'1;!cV e e TRANSMITTED this 4th day of April, 1997, to the following: APPLICANT: Jack McClurg Golf Enterprises 16300 Mill Creek Blvd. #204 Mill Creek. WA 98012 . Allen Bowman Polygon Management 4030 Lake Washington Blvd. NE #208 Kirkland, W A 98052 Ben Conwell Quadrant P.O. Box 130 Bellevue, W A 98009 City of Federal Way clo Bob Baker 33530 lit Way S. Federal Way, W A 98003 City of Federal Way clo Bob Sterback 33530 lit Way S. Federal Way, WA 98003 . . 630.....d 6St>9 Z:LZ: OGle: I ~ ,",~Cl z:z::e;l (IH,!) L6, t>C .Hd..... . . . e e RIGHTS TO RBCQNSIDERATION AND CHALLENGE THE BELOW STATED RIGHTS TO RECONSIDERATION AND APPEAL AND DESIGNED TO PROVIDE NOTICE OF TIME LIMITS AND A GENERAL OUTLINE OF PROCEDURES. THE SPECIFIC REQUIREMENTS FOR REQUEST FOR RECONSIDERATION ARE FOUND IN SECTION 22-488 OF THE FEDERAL WAY CITY CODE. THE SPECIFIC REQUIREMENTS FOR CHALLENGES TO THE HEARING EXAMINER'S RECOMMENDATION ARE FOUND IN SECTION 22-489 OF THE FEDERAL WAY CITY CODE. CLARIFICATION OF THE RIGHTS TO RECONSIDERATION AND CHALLENGE AND THE NAMES AND ADDRESSES OF PERSONS WHO HAVE A RIGHT TO CHALLENGE MAY BE OBTAINED FROM THE CITY CLERK OF THE CITY OF FEDERAL WAY. RECONSIDERATION Any person who has a right to challenge a recommendation of the Hearing Examiner under the Federal Way City Code may request the Hearing Examiner to reconsider any asp~ct of his or her recommendation by delivering a written request for reconsideration to the Department of Community Development within seven (7) calendar days after the date of issuance of the Hearing Examiner's recommendation. The person requesting the reconsideration shall specify in the request what aspect of the recommendation he or she wishes to have reconsidered and the reason for the request. The person requesting the reconsideration shall within seven (7) calendar days following issuance of the recommendation, mail or personally deliver a copy of the request for reconsideration along with a notice of the right to file a written response to the 01 'ZOVd Ht>9 ~a 0018: '!/ H.!.Ol ~~:r;l (1M,!) 1..6.170 'HdV e e request to those persons who have a right to challenge under Federal Way City Code. Proof of such mailing or personal delivery shall be made by an affidavit attached to the request for reconsideration at the time of delivering the request to the Department of Community Development. The notice shall state that such response must be received by the Department of Community Development within seven (7) calendar days following the filing of the request with the department. Any person filing a response to a response to the reconsideration request must distribute that response by mail or personal delivery to those persons having a right to challenge under the Federal Way City Code.. Proof of such distribution by mail or personal delivery shall be made by affidavit attached to the response delivered to the Department of Community Development. Within ten (10) working days after expiration of the reconsideration period, the Hearing Examiner shall notify the persons who have a right to challenge under the Federal Way Zoning Code, whether or not the recommendation will be reconsidered. The Hearing Examiner may reconsider the recommendation only if he or she concludes that there is substantial merit in the request. The process of reconsideration will be in accordance with Section 22- 466 of the Federal Way City Code. CHALLENGE . . The recommendation of the Hearing Examiner may be challenged by any person who is to receive a copy of that recommendation. The challenge, in the form of a letter of challenge, must be delivered . . . .3".Jv~ 6St>9 za ocrlS >;> ::':'Ol SZ:Sl (18:';) 1..6, t>o '<:leV e e to the Department of Community Development within fourteen (14) . calendar days after the issuance of the Hearing Examiner IS recommendation or, if a request for reconsideration is filed, then within fourteen (14) calendar days of either the recommendation of the Hearing Examiner denying the request for reconsideration or the reconsidered recommendation. The letter of challenge must contain a clear reference to the matter being challenged and a statement of the specific factual findings and conclusions of the Hearing Examiner disputed by the person filing the challenge. The person filing the challenge shall include, with the letter of challenge, the fee established by the City. The challenge will not be accepted unless it is accompanied by the required fee. . The person challenging the recommendation shall within said fourteen (14) calendar day period mail or personally deliver a copy of the letter of challenge along with a notice of the right to file a written response to the challenge to those persons who have the right to f~le a challenge under Section 22-489 of the Federal Way City Code. The notice shall state that such response must be received by the Department of Community Development within five (S) working days following the filing of the written challenge with the department. Any person filing a response to the reconsideration request must . distribute that response by mail or" personal delivery to those persons having a right to challenge under Section 22-489 of the Federal Way City Code. Proof of such distribution by mail or Z: "2~Vd 6tO ~ 9 Z L..Z ~(I1a: I '!I ~l.Ol SZ:Sl (IQ.:!) L6. ~O "B2V e e personal delivery shall be made by affidavit attached to the response delivered to the Department of Community Development. . The recommendation of the Hearing Examiner may be challenged whether or not there was a request to reconsider the Hearing Examiner's recommendation. Any challenge of the Hearing Examiner's recommendation will be heard by the Federal Way City Council. . . S l ":;r:;lV d 6Sf19 ?;a :;IQ18 ~ Hl.Ol f;o?;:Sl (IB.':!) L6. too "1:ldv . . . e e DRAFT RESOLUTION NO. iI~~/9 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON AMENDING THAT CERTAIN CONCOMITANT AGREEMENT RELATING TO THE ZONING . OF THAT CERTAIN PARCEL OF PROPERTY COMMONLY KNOWN AS CAMPUS HIGHLANDS TOWN HOME PROPERTY (PARCEL 7), RECORDED UNDER AUDITOR'S NUMBER 900305118. WHEREAS, on February 27,1990, a Concomitant Agreement, hereinafter referred to as "Agreement," was entered into by the City of Federal Way, Polygon 2000, Inc., and The Quadrant Corporation, establishing the zoning and methods of resolving potential disagreements with respect to vesting rights and the applicability of King County or City of Federal Way regulations, with regard to the property legally described in the attached Exhibit A and located on the south side of Campus Drive, immediately west of the Bonneville Power Administration power line easement at approximately 7th Way Southwest ("Campus Highlands" or "Parcel 7" herein); and WHEREAS, the Agreement was amended in 1993 by Resolution 93-144; and WHEREAS, The Quadrant Corporation ("Owner") owns Parcel 7 and proposes to convey the property to Jack McClurg and JGL Land trust, ("Developers"), who have applied for land use approval to allow the Federal Way Golf Learning Center which includes an approximately 10,000 square foot golf center with pro shop, deli, administrative offices, a two-level 100-tee driving range, a 4,500-square-foot putting green, putting courses and an 8-10 station batting cage with on-site parking areas; and WHEREAS, upon completion of the conveyance of the subject property, the Developers will become the "Owner" for purposes of this Agreement; and WHEREAS, pursuant to the modification provisions of the Agreement, the Owner and Developers submitted the appropriate application and accompanying materials on February 2, 1996, to modify the two Concomitant Agreements which includes the original Agreement and Resolution No. 93-144 to allow the construction of the Federal Way Golf Learning Center; and WHEREAS, the Owner and Developers request is summarized as follows: 1. Rezone Parcel 7 from Multifamily Residential, RM 3600 to RM 3600-1. e e 2. Amend Section 2(B) of the Agreement to reduce the required buffer adjoining the single-family-zoned property from 100 feet of Type I to 40 feet of Type I landscaping. 3. Amend Section 2(0) of the Agreement to eliminate the requirement to widen Campus Drive for the entire length of the property and construct a left-hand turn lane. 4. Amend Section 2(E) of the Agreement to allow poles supporting the driving range protective netting up to 100 feet in height and building height of all other structures on the site is limited to 50 feet. 5. Amend Section 2 to allow the construction of the Federal Way Golf Learning Center as described in paragraph 1 of this document. 6. Adding the following new subsections to Section 2 of the Agreement, which provide additional development standards for the proposed project: A. The uses and site shall be developed substantially in accordance with the approved site plan. B. The signage standards of the Federal Way City Code, Section 22-1600, Table 2 (Recreation), shall apply to the proposed project. Directional signs as provided in Section 22-1599 of the Federal Way City Code shall be allowed. C. A 1 DO-foot landscape buffer of Type II landscaping along the length of the subject property fronting on Southwest Campus Drive east of the proposed driveway for the development and adjacent to the proposed golf driving range area as depicted on the attached site plan. A 50-foot landscape buffer of Type II landscaping along Southwest Campus Drive west of the proposed driveway for The development adjacent to the proposed golf putting courses as depicted on the attached site plan. D. A 25-foot landscape buffer of Type I in landscaping along the easterly property line abutting the Bonneville Power Administration power line easement. E. The proposed development shall comply with the provisions of Article XIX, Federal Way City Code, Community Design Guidelines. 7. Amend Section 3 of the Agreement to eliminate the requirement for dedication of right-of-way necessary for the extension of 10th Avenue SouthwesU344th Street 2 . . . . . . e e Southwest. WHEREAS, Section 8 of the Agreement and Section 5 of Resolution No. 93-144 allows for the amending of the Agreement in the same manner as a quasi-judicial project rezone in accordance with Section 22-296 of the Federal Way City Code (FWCC); and WHEREAS, Section 22~296 of the Federal Way City Code requires that quasi-judicial project rezones be reviewed under Process III, which requires the Hearing Examiner to issue a recommendation to the City Council, who will then make the final determination; and WHEREAS, pursuant to Process III Review, FWCC 22-482, the Federal Way land Use Hearing Examiner held a public hearing on this request to amend the Agreement on February 18, 1997 and all public notice having been duly given pursuant to FWCC 22480; and WHEREAS, the requirements of the State Environmental Policy Act were met by the City of Federal Way by issuing a Mitigated Determination of Non-Significance for the proposed project on November 20, 1996; and WHEREAS, following the public hearing, the Federal Way land Use Hearing Examiner submitted to the appropriate City Council committee his recommendation to conditionally approve the proposed amendments to the Agreement; and WHEREAS, the Federal Way City Council's Transportation and Land Use Committee, on April 7, 1997, having considered the recommendation of the Federal Way Laud Use Hearing Examiner, has moved to forward the Examiner's recommendation to the full Council. Now, THEREFORE, THE CITY COUNCIL OF FEDERAL WAY, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to Federal Way City Code Section 22-302, the City Council has considered the application, and after full consideration of the entire matter on the record before the Hearing Examiner, including the Examiner's Recommendation, the City Council hereby adopts by reference the Findings, Conclusions, and Recommendation of the Federal Way Land Use Hearing Examiner, attached as Exhibit B and incorporated by reference herein. 3 e e Section 2, In addition to the Findings, Conclusions, and Recommendation of the Federal Way Land Use Hearing Examiner, as adopted by the City Council in Section 1 above, the City Council hereby finds that the proposed rezone to allow the Federal Way Golf Learning Center is consistent with the public interest. The proposed Golf Learning Center is consistent with surrounding uses of land, including the Saghalie City Park and Junior High School, the Weyerhaeuser/King County Aquatic Center, and the Federal Way Little League complex, all of which involve recreational use by the general public. Likewise, the proposed Federal Way Golf Learning Center would be developed on a large, 22.5 acre site, consistent with the nearby Saghalie Park and School (25.5 acres), the Aquatic Center (11 acres) and the Little League complex (21.4 acres). Section 3. Based upon the Findings, Conclusions, and Recommendation of the Federal Way Land Use Hearing Examiner, as adopted by the City Council in Section 1 above, the City Council hereby APPROVES the Application to Amend Concomitant Agreements for Campus Highlands, Parcel 7, City of Federal Way file UPR96-0023 and Federal Way Land Use Hearing Examiner file FWHE#97 -02, SUBJECT TO the conditions contained in the Examiner's Recommendation and incorporated into this agreement in Exhibit B attached hereto, and SUBJECT TO the Sections 4-16 below. Section 4. Conditions of Approval. The following conditions of approval shall apply to the proposed Federal Way Golf Learning Center project: 1. The required buffer adjoining the single-family-zoned property shall be 40 feet of Type I landscaping. 2. The poles supporting the driving range protective netting shall be limited to 100 feet in height. Height of all other structures on the site is limited to 50 feet. 3. The uses and site shall be developed substantially in accordance with the approved site plan. 4. The signage standards of the Federal Way City Code, Section 22-1600, Table 2 (Recreation), shall apply to the proposed project. Directional signs as provided in Section 22-1599 of the Federal Way City Code shall be allowed, 5. The following landscape buffers shall be provided along the frontage on Southwest Campus Drive: 4 . . . - a e e . A. A 100-foot landscape buffer of Type II landscaping along the length of the subject property fronting on Southwest Campus Drive east of the proposed driveway for the development and adjacent to the proposed golf driving range area as depicted on the attached site plan. B, A 50-foot landscape buffer of Type II landscaping along Southwest Campus Drive west of the proposed driveway for the development adjacent to the proposed golf putting courses as depicted on the attached site plan. 6. A 25-foot landscape buffer of Type I landscaping along the easterly property line abutting the Bonneville Power Administration power line easement. 7. The proposed development shall comply with the provisions of Article XIX, Federal Way City Code, Community Design Guidelines. 8. Condition 3 of the Agreement as shown below, shall not apply to the proposed Federal Way Golf Learning Center project: The Owners shall agree to set aside and dedicate to the City the necessary right- of-way corridor as established by the Federal Way City Council, subsequent to the date of incorporation, for the extension of 10th Avenue S. W.l344th right-of- way corridor. The City Council shall agree to use its best efforts to complete the corridor route designation on or before April 3, 1990, but not later than May 1, 1990. The right-of-way for the route thus established shall be dedicated by Owners to the City prior to the issuance of building permits on either parcel 5 or 7. In addition, as provided in Resolution Number 93-144, the Owners are not required to contribute to the capital construction costs of an extension of 10th Avenue Southwest. 9. The Developers' request to delete condition 2 D of the Agreement is approved; provided, that in lieu of condition 2 D of the Agreement, the following conditions shall apply: A. The Owners and Developers shall dedicate to the City of Federal Way the northern 5 feet along Parcel 7's entire Campus Drive frontage to facilitate future widening of Campus Drive and construction of a center left hand turn lane; and . . 5 e e B. The Developer shall pay a pro rata share of the future Campus Drive widening project described in Section 4, paragraph 9.A above. Based on the Transportation Impact Analysis submitted by the Developers, the Developers shall be responsible for 1.8% of the estimated project cost of $2.6 million. The Developers' pro rata share ($46,800) shall be paid prior to the issuance of any development permits for the project described herein. Section 5. Abandonment of Application or Termination of Use. In the event that the Developers: (1) abandon the Federal Way Golf Learning Center (application numbers SEP96-Q019, UPR96-Q023, and SPR96-0020) for any reason; or (2) cease using the site as provided in Application Numbers SEP 96-0019, UPR 96-0023, and SPR 96-0020, accompanying site plan(s) and this Resolution for any reason, the Agreement as modified herein shall be terminated, the zoning of the Campus Highlands Parcel 7 returned to RM 3600, and the Agreement as modified by Resolution 93-144 shall once again be in effect. Section 6. Permit Processing, The City of Federal Way agrees to process any permit applications required as a condition precedent to approval of construction of the project. Section 7. Agreement Subiect to Code and SEPA. All building and occupancy permits, applied for or issued, shall be subject to the terms, conditions, and limitations of this Agreement, the November 20, 1996, Mitigated Determination of Non-Significance, and the applicable ordinances and codes of the City of Federal Way. Section 8. Owner Agreement. The Owner hereby acknowledges by its signature below that the City of Federal Way has not coerced the Owner; that, in fact, the Owner has offered to have the terms of the Agreement as modified herein imposed upon them and the subject property; that the Owner agrees to and is willing to abide by the terms of said Agreement as modified herein; and that the Owner further agrees that the conditions adopted in Sections 4 through 16 are necessary for the benefit of the public health, safety, and welfare of the community. Section 9. Liability. Liability for breach of any of the conditions of this Agreement shall be borne by the Owner of Parcel 7 at the time of breach (including at the time of any continuing breach) and/or any entity who assists, aids, abets, or in any way encourages any breach. If The Quadrant Corporation conveys title of Parcel 7 to McClurg and/or JGL 6 . . . . . . e e Land Trust, the City will not seek to enforce any conditions of this Agreement against The Quadrant Corporation following that conveyance so long as The Quadrant Corporation is not the Owner at the time of any breach or nonperformance of conditions of this Agreement, The Quadrant Corporation does not manage, direct, or control the affairs of JGL Land Trust, McClurg, or any other entity owning Parcel 7, and so long as The Quadrant Company does not assist, aid, abet or encourage the commission of any breach or nonperformance. Section 10. Specific Performance. Damages are not an adequate remedy for breach of any of the conditions contained herein, and that the City is entitled to compel specific performance of these conditions as well as to receive damages for their violation. The Owner shall pay all costs and attorney fees expended or incurred by the City in enforcing the conditions contained herein, or in seeking damages for their violation. Section 11. Covenant. The conditions set forth in Sections 4 through 10 above shall inure to the benefit of and be binding upon the Owner, their respective successors in interest, assigns, heirs, personal representatives, guardians, administrators, successors, executors, directors, officers, agents, representatives, employees, and insurers, and upon any and all purchasers or lessees of any interest in the real property described herein. The benefits and burdens upon the Owner and the City created by this Resolution shall be and do create a covenant upon and shall run with and be appurtenant to the property described herein, benefiting the City of Federal Way. At the Owners' expense, this Resolution shall be recorded with the King County Department of Records and Elections with respect to the property described herein, and shall be included in all future instruments conveying any interest in said property. Section 12. Conditions Integral. The conditions of approval of the Federal Way Golf Learning Center application are all integral to each other with respect to the City Council finding that the public use and interest will be served by the approval of the application and modifications contained therein. Should any court having jurisdiction of the subject matter declare any of the conditions invalid, then, in said event, the approved application and modifications granted in this Resolution shall be deemed void, and the Federal Way Golf Learning Center application shall be remanded to the Federal Way Land Use Hearing 7 e e Examiner to review the impacts of the invalidation of any condition or conditions and to conduct such additional proceedings as are necessary to assure that the amended plan makes appropriate provisions for the public health, safety, and general welfare and applicable City ordinances, rules, and regulations and forward such recommendation to the City Council for further action. Section 13. 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 14. Future Amendments. Future amendments to the Agreement shall be processed by the filing of an application therefor, which shall be considered and heard in the same manner as a quasi-judicial rezone of property. Such action shall not release the Owner from any obligation assumed pursuant to the Agreement as currently amended, unless or until any future amendment has been approved by the City of Federal Way. Section 15. Signature. The Owner herein shall execute an acknowledgment of the terms of this Resolution, acknowledging the modification of the existing Agreement. Section 16. Effect of Resolution. This Resolution constitutes the entire decision with respect to City of Federal Way File No. UPR96-0023 and Federal Way Land Use Hearing Examiner File No. FWHE#97 -02, and shall supersede and replace the amendments made by Resolution 93-144. Section 17. Effective Date. This Resolution shall be effective upon passage by the Federal Way City Council AND upon the signatures of the Owner as provided in Section 15 above, RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS DAY OF ,1997. 8 . . . . . . e e CITY OF FEDERAL WAY MAYOR, MAHLON "SKIP" PRIEST THE TERMS OF THIS RESOLUTION ARE HEREBY AGREED TO AND ACKNOWLEDGED AS AMENDING THE CONCOMITANT AGREEMENT FOR CAMPUS HIGHLANDS TOWN HOMES. JGL Land Trust THE QUADRANT CORPORATION Title: Title: ATTEST: CITY CLERK, CHRISTINE GREEN ApPROVED AS TO FORM: CITY ATTORNEY, LONDI LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. CONCOM2,WPO 9 e EDERFIL RY" 33530 1ST WAY SOUTH e (206) 661-4000 FEDERAL WAY, WA 98003-6210 (206) 661-4034 March 27, 1997 Mr. Stephen K. Causseaux, Jr. Federal Way Hearing Examiner 902 South 10th Street Tacoma, W A 98405 Re: UPR No. 96-0023; SEP No. 96-0019, and SPR No. 96-0020 Dear Mr. Causseaux: At the Public Hearing on Tuesday, February 18, 1997, concerning the above-referenced applications, you asked for clarification from the City concerning the basis for processing an application for an amendment to the concomitant Agreement for Parcel 7 of the Campus Highlands while not taking any action with respect to the concomitant Agreement concerning Parcel 5B of Campus IDghlands. In particular, we understand that a concern was raised by Polygon 2000, Inc. concerning whether the City could or should waive what Polygon claimed were preexisting requirements for Quadrant to bear, along with Polygon, the responsibility to: (1) construct the extension of 10th Avenue S. W.; and (2) widen Campus Drive along the entire frontage of Parcels 5 and 7. The City's response follows. As we understand that the record of the proceeding has been held open for our response, we request that this letter and its attachments be included as exhibits and be made part of the record in this matter, referenced above. The City does not object if the Examiner wishes to leave the record open for an additional period to allow the applicant and/or Polygon to respond. Separate Amendment of Concomitant . . The City's action in amending only the Concomitant Agreement for Parcel 7 is correct. Unless the City were to receive a joint application for development of both Parcel 5B and Parcel 7, the City has no legal option but to process an application for amendment of the concomitant agreement with respect to Parcel 7 as separate from anything affecting ParceI5B. The two parcels are under separate ownership and, as such, can be developed separately, including any necessary common project-specific zoning changes or concomitant agreement amendments. For example, as owner of Parcel 7, the Quadrant Corporation could request a variance to allow proposed development on Parcel 7. The City would be legally required to consider that application on its merits, without respect to whether a similar application had been made with respect to Parce15B. And, if the City were to grant such a variance, doing so would not necessarily entitle the owner . of Parcel 5B to a similar variance just because the two parcels were originally. zoned by virtue of . . . . e e Mr. Stephen K. Causseaux, Jr. March 27, 1997 Page 2 a concomitant agreement. Similarly, the City is required to process and evaluate the Quadrant Corporation's request for an amendment to the concomitant . Agreement ind~ndent of whether the owner of Parcel SB has requested any concomitant Agreement amendments, and the City's decision on the Quadrant Corporation's application does not necessarily entitle the owner of Parcel 5B to any particular result: applications for the individual parcels must be evaluated on their respective merits, if any. The history of the concomitant Agreements with respect to each parcel supports this conclusion. In 1990, the City Council adopted separate concomitant Agreements for Parcel 7 and Parcel 5.1 At that time, the Quadrant Corporation owned parcels 5 and 7 outright, and Polygon 2000, Inc. held options to purchase. Polygon submitted a site plan review application (SPR 90-00(3) in July 1990 for Parcel 7, and filed a site plan review application for ParcelS in August, 1990 (SPR 90- 0222). Polygon then proceeded with efforts to develop both parcels, by undertaking traffic analysis, site planning, preliminary engineering and architecture, geotechnical studies, and storm water analysis. At some point, Polygon exercised its option and closed its purchase of Parcel 5. In July, 1991, Polygon sold the majority of Parcel 5 (now known as Parcel SA) to the City of Federal Way for $1.4 million. The City proceeded to submit plans for development of a junior high school and city park (92-OOO1UPR). As part of these plans, the City applied for an amendment to the Concomitant Agreement for Parcel 5 to remove Parcel 5A from the coverage of the Agreement. Polygon opposed the requested amendment, claiming that the City was not entitled to seek: amendment of the concomitant Mwithout the concurrence of the other parties to the Agreement." See Letter dated December 8, 1992 from Polygon Vice President Richard A. Pitt to Federal Hearing Examiner at 2 (copy attached). The Examiner rejected Polygon's protest, and recommended approval of the City's application and amendment to the Concomitant Agreement. On January 19, 1993, the City Council approved Resolution 93-128, which amended the Concomitant Agreement and approved the City's request. Polygon did not appeal or in any way challenge Resolution 93-128. Instead, Polygon proceeded with its development plans for both parcels; however, it apparently could not complete them in the time frame called for by its option agreement with Quadrant. In December 1992, Polygon approached the City concerning its own amendment to the Concomitant Agreements for both Pan:e1s 5 and 7, to reduce landscaping buffer requirements and to clarify the requirement for improvement of an extension of 10th Avenue. Polygon also asked the City to confirm in writing that Polygon's delay in developing Parcels 5 and 7 was not Polygon's fault, lSee Concomitant Agreement Relating to the Zoning of That Certain Parcel of Property Known As the Campus mghlands Town Home Property (Parcel 7), dated February 27, 1990; Concomitant Agreement Relating to the Zoning of That Certain Parcel of Property Commonly Known as the Campus Crest Property (Parcel 5), dated February 27, 1990 (copies attached). e e Mr. Stephen K. Causseaux, Jr. March 27, 1997 Page 3 but rather was due to the need to wait for the City to complete its study of alignment options for the 10th Avenue extension. Polygon also asked the City to agree not to initiate any further rezone of Parcels 5 or 7 until 24 months after the City had resolved the alignment issues surrounding extension of 10th Avenue. See Letter dated December 3, 1992 from Polygon Senior Vice President Gary A. Young to Kenneth E. Nyberg at 2 (copy attached). . The City did not provide the confirmation Polygon requested concerning delay, but did provide a letter of understanding confirming City staff's agreement to amendment of the Concomitant Agreements to provide Polygon an additional 24 months following resolution of 10th Avenue alignment issues, before the City would consider rezoning the property. The letter also clarified that the 10th Avenue S. W. improvement requirements would be Polygon's responsibility, by tying improvements to development by PolY20n: In addition, the Concomitants should be clarified to state that in the event of PTQperty development by PolY20nr PolY20n a2rees to construct 10th Avenue, or, as its sole option, contribute its proportional share of the cost of the construction of 10th Avenue, provided that the first monies paid shall be used, or Polygon shall receive credit toward its proportional share, in an amount equal to the cost to construct the minimum road necessary to access the Polygon development . . . . . "Proportional share", as used within the Concomitants, is defined to be: proportional share based upon the formula currently used by the City to calculate development traffic impact, with a further clarification that at a minimum, ~ parties contributin2 to the Pl'QPOrtional share would constitute PoIY20n Parcel 5 and aQiacent property owners (jncludin2 the City); provided however, if 10th Avenue when constructed benefits solely Polygon Pared S i.e. (Existing solely as an access road to Polygon ParcelS development), the City shall not contribute any dollars toward construction, but would agree to dedicate that one-half portion of the right- of-way needed for proper intersection alignment. Letter dated December 14, 1992 from Assistant City Manager Kenneth Nyberg to Polygon Senior Vice President Gary A. Young at 2 (copy attached) (emphasis added). Thereafter, Polygon applied for an amendment to both of the Concomitant Agreements. Its applications contained two parts, "Request A" and "Request B." Request A included the various items agreed upon and memoria1i7.ed in Mr. Nyberg's December 14, 1992 letter to Gary A. Young, while Request B dealt with the reduction in landscape buffers between the sites and existing single family zoning. See Staff Report, dated April 13, 1993, UPR 92-0017, at 3 (copy attached). The Hearing Examiner recommended that the Council approved the changes "as requested." Hearing Examiner Recommendation, File No. UPR 92-0014, Hearing Examiner File . No. 93-3 (copy attached) at S, Paragraph V. . . . e e Mr. Stephen K. Causseaux, Jr. March 27, 1997 Page 4 When the matter was presented to the Council in June, 1993, the Council approved the majority of Polygon's request, including its request to amend the Concomitant Agreements to clarify that improvement of 10th Avenue would be required only when Polygon began development of Parcel 5, and that a proportional share of the 10th Avenue improvement costs would be contributed by Polygon Parcel 5 [A] and the owners of other property adjacent to the 10th Avenue extension including the City (unless the 10th Avenue extension served only Polygon's ParcelS, in which case the City was not obligated to pay). See Resolution 93-144 at 6. Because the City was moving forward with planning required under the Growth Management Act, RCW 36.70A and foresaw a potential need to rezone either or both parcels, the Council rejected Polygon's request for an additional 24 months of time before any rezoning. See Resolution 93-144, adopted June 15, 1993, at 5-7, Sections 3-4 (copy attached). Thereafter, Polygon chose not to exercise its option to purchase Parcel 7,2 leaving the Quadrant Corporation as the sole owner of Parcel 7. Thus, the history of the Concomitant Agreements, and amendments to them, demonstrates that the City has treated the parcels separately, when warranted by separate ownership. Separate concomitant agreements were adopted for the separate parcels. Subsequently, Resolution 93-128 was adopted, to remove Parcel 5A from coverage under the Concomitant Agreement for Parcel 5. The only time the two were treated together was in Resolution 93-144, which occurred in the context of Polygon's applications to develop both properties, together. The City's actions in processing the Quadrant Corporation's application for Parcel 7 independent of any action by Polygon concerning Parcel5B is correct, and consistent with its prior actions. 10th Avenue S.W. Improvements The City is also correctly refraining from requiring the Quadrant Corporation to improve, or contribute to the capital costs of improving, 10th Avenue S. W. The original, 1990 Concomitant Agreement for Parcel 7 provided that: The Owners shall agree to set aside and dedicate to the City the necessary right-of- way corridor as established by the Federal way City Council . . .for the extension of 10th Avenue S.W. 344th right-of-way corridor. ... .The right-of-way for the route thus established shall be dedicated by Owners to the City prior to the issuance of building permits on either parcelS or 7. Parcel 7 Concomitant Agreement at 4, Paragraph 3. As discussed above, this requirement - 2 Presumably, Polygon did not exelCise its option to purchase Parcel 7 because, without the additional time from the City, it would not be able to develop the property within the scope of its option with Quadrant and without risk that the property would be rezoned to a single family designation during adoption of the Comprehensive Plan. e e . Widenin2 of Campus Drive The 1990 Concomitant Agreements for Parcel 7 required that: Campus Drive, along the entire length of the subject property and parcel 5, shall be widened, in accordance with then applicable City standards, to allow for a center turn lane. This improvement shall be constIUcted and completed prior to the issuance of occupancy permits for the first phase of the project. . . .[The] owners . may apply to the City for authorization to post a bond in accordance with the applicable provisions of the Federal way Zoning Code to assure the construction of the required improvements and, upon the approval and the posting of a bond in compliance with the City codes, occupancy permits may be issued proved all other terms and conditions of this Agreement and all of the applicable provisions of the Federal Way codes have otherwise been fully complied with. 1990 Concomitant Agreement, Parcel 7, at 3, Paragraph 2.D. A similar provision was included in the 1990 Concomitant Agreement for Parcel 5, requiring widening of Campus Drive along "the entire length of the subject property and parcel 7. . . . It 1990 Concomitant Agreement, Parcel 5, at 2, Paragraph 2.D. This paragraph, which assumed that Parcels 5 and 7 would be developed by the same entity, was not affected by either Resolution No. 93-128 or Resolution No. 93-144. The proposed Concomitant Agreement Amendments, attached to the Staff Report as Exhibit E, state at Section 4 that the "requirement to widen Campus Drive for the entire length of the property and construct a left-hand turn lanelt .shall not apply to the proposed Federal Way Golf Learning Center project. It In the course of reviewing the Concomitants to respond to the Examiner's request, City staff reali7,ed that the proposed language was somewhat ambiguous (because the existing left lane extends along a portion of the property but not "its entire length It), and that some additional confusion might arise given that the 1990 Concomitant requires the owner of Parcel 7 to also widen Campus Drive along Parcel 5. Consequently, the City intended to revise the language contained in page 5, Section 4 Concomitant Agreement Amendments, to . . . . - a e e Mr. Stephen K. Causseaux, Jr. March 27, 1997 Page 6 clarify that the Quadrant Corporation is responsible for widening Campus Drive ~ along the westernmost 400 or so feet of its property, and to state that Quadrant is not required to widen Campus Drive or construct a left-turn lane along Parcel S. After further review, however, City staff concluded that extension of the left turn lane is not neces~'Y to mitigate tIaffic impacts flowing from the proposed project but that instead, widening Campus Drive itself will mitigate traffic impacts. Upon further discussions with Quadrant, staff have revised the Amendment to Concomitant Agreement to reflect that Quadrant will dedicate five feet of additional right-of-way along Parcel 7, to facilitate the City's widening of Campus Drive. This project is incorporated in the City's Transportation Improvement Program ("TIP"). The revised Amendment to Concomitant Agreement (attached)' also reflects that Quadrant will also pay its pro rata share of the TIP project, which is calculated at 1.8% of $2.6 million, or $46,800.00. Conclusion We hope that the foregoing satisfactorily answers the Examiner's questions. Again, the City does not object to leaving the record open so that Polygon or Quadrant may respond to this letter. Very truly yours, ~.c~ Bob C. Sterbank Assistant City Attorney BCS:mjm Encs. cc: Greg McCormick, City of Federal Way (w/encl.) Ben Conwell, Quadrant (w/encl.) Alan Bowman, Polygon (w/encl.) K:~.Jtr 3 The revised Concomitant Agreement Amendments also include the substituted liability language agreed to by the applicant and the City. Because of publication deadlines, the City was unable to include this language in the original proposed amendment submitted to the Examiner, but did discuss the language as part of City staffs presentation during the public hearing. The revised language can be found at page 6, Section 9 of the enclosed, revised Concomitant Agreements. ~ ~ ~ . . CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES Report to the FEDERAL WAY HEARING EXAMINER Federal Way Golf Learning Center City of Federal Way File Numbers SEP 96-0019, UPR 96-0023, SPR 96-0020 PUBLIC HEARING - FEBRUARY 18, 1997 2:00 P.M. CITY COUNCIL CHAMBERS FEDERAL WAY CITY HALL 33530 1 ST WAY SOUTH (206) 661-4000 . Report prepared by: Gregory J. McCormick, AICP December 20,1996 . . SECTION II III IV V. VI. VII. . VIII. IX. X. . ~ ,. TABLE OF CONTENTS PAGE # PROJECT SUMMARY .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 GENERAL INFORMATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 HISTORY AND BACKGROUND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SEPA THRESHOLD DETERMINATION. . . . . . . . . . . . . . . . . . . . . . . . 5 AGENCIES CONTACTED BY FEDERAL WAy.................. 6 AREA CHARACTERISTICS ...................... . . . . . . . . . .. ..&- 7 HEARING EXAMINER DECISIONAL CRITERIA. . . . . . . . . . . . . . . . .. .RJ 7 FINDINGS OF FACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ...5Y (, RECOMMENDATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ~- r'2. EXHIBITS ............................................... ..:1-1 i') A. B. C. D. E. F. PROJECT SITE PLAN VICINITY MAP CONCOMITANT AGREEMENT EXISTING AMENDMENTS - RESOLUTION 93-144 PROPOSED CONCOMITANT AGREEMENT AMENDMENTS FINDINGS FOR SITE PLAN APPROVAL 2 /- ,. (e ~ I. PROJECT SUMMARY . The proposed project consists of the construction of a golf learning center which incorporates a number of uses. These uses include a golf center with a pro shop of approximately 10,000 square feet, deli, administration offices, a 100 tee driving range, a practice putting green, an 18 hole putting course and an 8 to 10 station batting cage. On site parking will be provided for the proposed uses. The project is located on the south side of Campus Drive, west of the Bonneville power Administration (BPA) power line easement at approximately 7th Way Southwest. The subject property is covered by a concomitant agreement that was put into effect upon incorporation of Federal Way on February 28, 1990. The concomitant agreement zoned the site multifamily residential and provided for the construction of 233 townhouse/condominium type housing units. This agreement contains a modification provision which utilizes the quasi-judicial rezone process or Process III contained in the Federal Way City Code (FWCC), Article VIII. In addition to amending the agreement, the city attorney's office has determined that given the use is not allowed under the existing RM 3600 zoning district, the subject property must be rezoned. It is the attorney's office opinion that this use cannot be allowed through adding the use through the concomitant agreement. Therefore, staff is recommending that through the concomitant agreement a RM 3600-1 zone be established to allow for the proposed golf driving range facility. In 1993, the property owners requested an amendment to the original concomitant (see Exhibit D - Resolution 93-144). Resolution 93-144 addressed both the subject property . and Parcel 5, which ~wned by Quadrant as well. This amendment is discussed in more detail in Section III Delo~u)O.7 The applicant is requesting modification of a number of sections of the original Concomitant Agreement. The following is a summary of the requested modifications: 1. Amend Section 2 (B) of the Agreement to reduce the required buffer adjoining the single family zoned property from 100 feet of Type I to 40 feet of Type .1 landscaping. 2. Amend Section 2 (D) of the Agreement to eliminate the requirement to widen Campus Drive for the entire length of the property and construct a left hand turn lane. 3. Amend Section 2 (E) of the Agreement to allow poles supporting the driving range protective netting up to 100 feet in height and building height of all other structures on the site is limited 50 feet. 4. Amend Section 2 to allow the construction of the Federal Way Golf Learning 3 . . . . - - . 4' Center as described in paragraph 1 of this document. 5. Amend Section 3 of the Agreement to eliminate the requirement for dedication of right-of-way necessary for the extension of 10th Avenue SouthwesV344th Street Southwest. 6. Staff is recommending that the following subsections be added to Section 2 of the Agreement, which provide additional development standards for the proposed project: A. The uses and site shall be developed substantially in accordance with the approved site plan. B. The signage standards of Section 22-1600, FWCC Table 2 (Recreation) shall apply to the proposed project. Directional signs as provided in Section 22-1599, FWCC shall be allowed. C. A 100 foot landscape buffer of Type II landscaping along the length of the subject property fronting on Southwest Campus Drive, east of the proposed driveway for the development and adjacent to the proposed golf driving range area as depicted on the attached site plan. A 50 foot landscape buffer of Type II landscaping along Southwest Campus Drive west of the proposed driveway for the development adjacent to the proposed golf putting courses as depicted on the attached site plan. D. A 25 foot landscape buffer of Type III landscaping along the easterly property line abutting the BPA power line easement. E. The proposed development shall comply with the provisions of Article XIX, FWCC, Community Design Guidelines. City staff performed a preliminary site plan review of the project in conjunction with the rezone/concomitant agreement amendment process and have found it in compliance with applicable sections of the code. However, at the conclusion of the rezoning/amendment process staff will complete the site pian review in light of any additional conditions or mitigation that are imposed during the course the public hearing process. II. GENERAL INFORMATION Location: Applicant: South side of Campus Drive immediately west of the BPA power line easement at approximately 7th Way Southwest. Mr. Jack McClurg Golf Enterprises 16300 Mill Creek Blvd., #204 Mill Creek, Washington 98012 4 ~ ~ . . Contact: Mr. Jack McClurg Golf Enterprises 16300 Mill Creek Blvd., #204 Mill Creek, Washington 98012 Phone: (206) 742-9467 . Owner: Quadrant Corporation Representative: Benjamin D. Conwell, Assistant Vice President Quadrant Plaza, Suite 500 N.E. 8th at 112th Post Office Box 130 Bellevue, Washington 98009 Zoning: RM-3600, Multifamily Residential Comprehensive Plan Designation: Multifamily Acreage: Approximately 22.5 acres S-T-R Northwest quarter 19-21-04 Sewage Disposal: Lakehaven Utility District Water Supply: Lakehaven Utility District . Fire District: King County Fire District #39 III. HISTORY AND BACKGROUND When the City of Federal Way incorporated on February 28, 1990, the City entered into a concomitant agreement for the subject property (vicinity map attached as Exhibit B). This agreement insured the property owners that the zoning for the property upon incorporation would be Multi Family Residential, RM 3600 which was consistent with the King County zoning on the property at the time. The agreement further stipulated conditions related to review of a building permit that was pending in King County at the time, landscape buffers, street improvements on Campus Drive, building heights, housing densities, phasing of development, commitment by the property owners that the housing units being constructed be a townhouse/condominium type of housing, and dedication of right of way for the extension of 10th Avenue. The concomitant agreement provides a process for amending the agreement by the owners. The agreement requires the owners to file application and the request be 5 . . . . . . processed by using the same process as a quasi-judicial rezone request (Process III, Article VIII, FWCC). The City processed a request to amend the agreement in 1993 (Exhibit E) which resulted in a number of amendments to agreement being adopted through Resolution 93-144. The following summarizes amendments made by Resolution 93-144: 1. Provide a 24 month extension of the 3 year timeframe stipulated in the original concomitant. 2. Clarify the original concomitant condition related to 10th Avenue Southwest. 3. Define "proportional share" related to traffic impact of development. 4. Add a definition of "proceeding" to the concomitant. 5. Modify the required buffers for parcel 5 and 7 in the areas that are contiguous to the single family zoned parcels. On February 12, 1996 the city received a Master Land Use Application from Quadrant and the developer requesting site plan approval and modification of the concomitant agreement for construction of the proposed golf park facility. IV. ENVIRONMENTAL THRESHOLD DETERMINATION The proposal to construct the golf center, putting greens, batting cage and associated off- street parking was reviewed with respect to requirements of the State Environmental Policy Act (SEPA). The proposed project exceeded the thresholds established in the Washington Administrative Code (WAC) 197-11-800 Categorical Exemptions. An environmental checklist for the project was submitted to the city for review on June 28, 1996. Studies including a geotechnical report, wetland reconnaissance report and a traffic impact analysis were completed and submitted in conjunction with the checklist. A mitigated determination of nonsignificance was issued on the project and published on November 20, 1996. The fifteen day comment period on the MDNS ended on December 5, 1996. The fourteen day appeal period on the MDNS ended on December 19, 1996. No comments were received or appeals filed on the proposed project's MDNS. V. AGENCIES CONTACTED BY FEDERAL WAY As part of the review by City of Federal Way staff, site visits were conducted and the proposal was circulated to the Federal Way Community Development Review Committee (CDRC) consisting of the following agencies and city departments: 6 . . (] (] (] (] City of Federal Way Public Works Department City of Federal Way Building Division King County Fire District #39 Lakehaven Utility District . VI. AREA CHARACTERISTICS As noted previously, the site of the proposed golf learning facility is located on the south side of Campus Drive abutting the BPA power line easement on the west at approximately 7th Way Southeast. The site is currently vacant and the full range of urban services are available to the property. Current land uses in the vicinity include: o West: Undeveloped, land zoned Multi Family Residential- RM 2400 on the north one-third and Single Family Residential - RS 7.2 on the southerly two-thirds. o North: Multi family residential, zoned Multi Family Residential - RM 2400. o EasVSouth: BPA power line easement, beyond the BPA easement single family residential zoned Single Family Residential - RS 7.2. Other major land uses in the vicinity include the King CountylWeyerhaeuser Aquatic Center and the Federal Way Little League Baseball facility to the easVnortheast and Saghalie Junior High and City Park to the west. VII. HEARING EXAMINER DECISIONAL CRITERIA . As noted earlier in this report, the existing concomitant agreement on the subject property allows for modification of the agreement subject to the process used for rezoning of property. The process used for a quasi-judicial rezone or a zoning reclassification of land within the city is Process III review. This type of rezone is subject to two sets of decisional criteria in the FWCC. The first set of decision criteria is contained in Section 22-302, Article III, FWcC. The second set of decisional criteria are contained in Section 22-490(d) of Article VIII, FWCC which contains Process III procedures. The following are the decisional criteria related to this application followed by a staff response: Section 22-302 Criteria: Criterion 1: The criteria set forth in Section 22-299 are met: Section 22-299 criteria: 1. The proposed rezone is in the best interest of the residents of the city; and 7 . ~ . 2. The proposed rezone is appropriate because either: a. Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given it present zoning and that, under those changed conditions, a rezone is within the public interest; or b. The rezone will correct a zone classification or zone boundary that was inappropriate when established. . Staff Response: A community's quality of life is often related in part, to the recreation opportunities available to its residents. At the present time, Federal Way has one private golf course (Twin Lakes) and no public golf facilities. The nearest public golf facilities are those located in north Tacoma at the Northshore Golf Club. The proposed golf park project would provide Federal Way residents a recreational service that is presently not readily available to them. . In the 1980's the Campus Drive corridor developed primarily as a medium to high density residential corridor. In recent years, however, this corridor from 1 st Avenue South to 21 st Avenue Southwest has developed as a recreation corridor. The King CountylWeyerhaeuser Aquatic Center was constructed to host swimming and diving events during the 1990 Goodwill Games. This facility has subsequently become a venue for other major local, regional, state and national swimming and diving competitions. Construction is now underway for an expansion of this facility. The expansion includes a 5,000 square foot conference facility and redevelopment of. the onsite parking. A second major facility recently constructed in this corridor is the Saghalie Junior High/City Park which is located a short distance to the west of the proposed golf facility. The Saghalie project was a joint venture between the City of Federal Way and the Federal Way School District which combined a junior high school with a major city park. This facility provides the community with several ball fields, soccer fields, tennis courts, basketball court and a walking trail. Other facilities in this corridor include the Federal Way Little League Baseball complex, Panther Lake and the BPA power line easement. Panther Lake is a regional stormwater detention facility. The Federal Way Parks Department has included improvements to the Panther Lake area in the City's Comprehensive Parks & Recreation Plan. These improvements include the development of passive park space such as interpretive trails that connect to the BPA trail system. Phase" of the BPA trail will extend from 1 st Avenue South to Campus Drive. Currently, the trail system runs from 324th/11 th Avenue to 1 st Avenue South. Construction is estimated to begin later this year. . 8 (e . Criterion 2: The proposed project complies with this chapter in all respects. Staff Response: . This project is somewhat unique in that many of the development standards will be designated through the addendum to the concomitant agreement. Staff has applied development standards that were deemed appropriate given the proposed uses on the site and the surrounding uses in the area. Criterion 3: The site plan of the proposed project is designed to minimize all adverse impacts on the developed properties in the immediate vicinity of the subject property. Staff Response: Two major concerns staff had regarding the proposed development were the potential aesthetic impacts of the golf driving range on the surrounding area and the potential impacts of the lighting necessary for a facility such as this. City staff has worked closely with the applicant to address these concerns during the environmental review process on this project. As a result of this process, either the project was modified or mitigating conditions were included in the MDNS to address the lighting and aesthetic issues. The applicant, as part of preliminary work on the project, held two public meetings . on the proposed project at Saghalie Junior High. The first meeting was held in September 1996 when the applicant mailed notices of the meeting to all of the property owners in the Campus Highlands area. Approximately 100 people attended this meeting to discuss the project with the applicant. The second meeting was held in November 1996. The applicant mailed out approximately 1,100 notices of the meeting to property owners within 1,000 feet of the project. Approximately 30 people attended this meeting at which, the applicant discussed the project using the 3 dimensional scale model that will be used during the public hearing before the Examiner. The applicant has indicated that a he has received positive comments related to the project and broad based support from the surrounding property owners. Criterion 4: The site plan is designed to minimize impacts upon public services and utilities. Staff Response: The site will not be intensely developed in terms of a development that requires an extraordinary amount of utilities or public services. The site will require typical 9 . . . . - - e . services and utilities such as power. water. sanitary sewer, storm sewer, telephone, etc. and is not anticipated to have an adverse affect on these utilities or services. Section 22-490( d) criteria: Criterion 1: It is consistent with the comprehensive plan. Staff Response: In 1995 the City of Federal Way adopted a Comprehensive Plan that complied with the mandates of the Washington State Growth Management Act (GMA). GMA requires that chapters or elements on land use, transportation, capital facilities, housing and utilities be included in a community's comprehensive plan. GMA also allows optional elements to be included in the plan. The following goals and policies of the comprehensive plan apply to the proposed project: LUP-15 Protect residential areas from impact of adjacent non-residential uses. Protect neighborhoods from traffic impacts. The city should restrict the rate and quantity of surface water runoff to predevelopment levels for all new development and redevelopment. TP-5 NEP-30 Staff Response: Through the SEPA mitigation process and through conditions proposed in the concomitant agreement, this project is consistent with the specific comprehensive plan policies listed above. Additionally, the proposed project is consistent with the intent of the Capital Facilities chapter of the Comprehensive Plan in that the additional recreational uses provided by this project will be included in the City's inventory of parks and recreation facilities. This will help the City maintain the level of service for Federal Way residents related to recreational facilities. Criterion 2: It is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan. Staff Response: As noted above, this proposal is somewhat out of the ordinary in that it is subject to the terms and conditions of the concomitant agreement which will establish many of the development standards to which the proposed project would be subject to. The project will be required to comply with the provisions of the concomitant and any applicable provisions of the FWCC. 10 (- ce - - Criterion 3: It is consistent with the public health, safety and welfare. Staff Response: . The proposed project is not detrimental to the public health, safety or welfare. Potential adverse impacts were identified and mitigated during the environmental review of this proposal. Further, given the project will provide a recreational opportunity to the community that is currently not available locally, the project would enhance the public health, safety and welfare of the residents of Federal Way by adding to the community's quality of life by providing these additional recreation facilities. VIII. FINDINGS OF FACT Staff provides the following Findings of Fact as they relate to the proposed project: 1. The subject property is covered by a concomitant agreement that became effective on February 28, 1990, the date of incorporation of the City of Federal Way. 2. The original concomitant agreement was modified in 1993 by Resolution 93-144 which amended some of the conditions of the original agreement. 3. The subject property is located on the south side of Campus Drive, immediately west of the BPA power line easement at approximately 7th Way South. . 4. The concomitant agreement established the existing zoning of the property which is Multi-Family Residential, RM-3600, conditions related to the review of a building permit application that was pending in King County, landscape buffers, improvements to Campus Drive, building heights, dwelling unit density, phasing of the project and a requirement that the units built on the site would be a townhouse/condominium-type housing unit. 5. Land uses and zoning designations of surrounding properties include: A. West: Undeveloped, land zoned Multi Family Residential- RM 2400 on the north one-third and Single Family Residential - RS 7.2 on the southerly two- thirds. B. North: Multi family residential, zoned Multi Family Residential - RM 2400. C. EasVSouth: BPA power line easement, beyond the BPA easement single family residences zoned Single Family Residential- RS 7.2. 6. The City's 1995 Comprehensive Plan Map designates the subject property as Multi- Family Residential. 11 . . . . - - . . 7. The concomitant agreement includes a process through which the property owners can request the agreement be amended. The amendment process stipulated in the agreement is the City's quasi-judicial- rezone process (Process III, Article VIII, FWCC). 8. Pursuant to the requirements of the FWCC, on February 12, 1996, the Owners and Applicant submitted to the City a Master Land Use Application requesting modification of the concomitant agreement and site plan approval to allow the construction of the proposed golf learning center. 9. The City issued a Mitigated Determination of Nonsignificance on the proposal on November 20, 1996. The appeal and comment period on the threshold determination ended on December 19, 1996. The City did not receive written comment and no appeals were filed on the project. 10. Quasi-judicial rezone applications are subject to two sets of decisional criteria contained in sections 22-302 and 22-490, FWCC. The proposed project is consistent with and meets the decisional criteria of the above noted FWCC sections. 11. The use is proposed on a site which fronts on Campus Drive Southwest. This section of Campus Drive, from 1 st Avenue South to 21 st Avenue Southwest, has developed over the past several years as a recreational corridor. Major recreation uses in this vicinity include the King County Aquatic Center, Saghalie Junior High School/City Park, Federal Way Little League complex and the southern terminus of the BPA Trail, Phase" project. IX. RECOMMENDATION The proposed Golf Learning Center will comply with the FWCC, applicable sections of the Federal Way Comprehensive Plan and any other applicable city regulations. Based on the findings for this proposal staff recommends that the proposed concomitant agreement addendum, which includes the rezoning of the subject property to RM 3600-1, be approved. X. EXHIBITS Attached. 12 ~ ~ EXHIBIT A PROJECT SITE PLAN - , ., . . .lll ~~~~ II~=~~ . ~cn~:s. :;.. ~ ~ -....-a.. III ~ ~ II i;i~ !!S~~~ r e 2 ! J I I f i~ 2 ~ ~ . tQ ~. i I i II ~ ~ I ! A ! ... ~! ~ ~J i~ i 5i~ ft j ~S ~ ~ IMili~i I!!i ld ;!~ [l!! ~ millJ!llM di! ~m 1m ! Ii ! II I I . I . ~ &1 ~ ~~I!I ~: ~tUI ~ . i i II I ~=--.=~-=...;::tF".::::S'.l:i 11f" afoOt (IaI) ..:an Wx& 1rl.D ~!; . ......f1It-_...lII W aol- ..I, ___ ~31N30 I ill I eNIN~V3' :noe A.VM 'V~3a3:1 'I f ~; h.h 0;:3 J ~I ~~ 2hd " ~ ~z ~ ~ Ilil I B ~ ~! iih \. ~ ~ 2 \J) ~ tin 2 hi .. ~ ~ ! ~~ ~ 1m! ~ ~ .~ h f~ J oIh - EXHIBIT B VICINITY MAP - . . . -- - ~ ~ . EXHIBIT C CONCOMITANT AGREEMENT . . - - . . )' . 0072.15012 . JDW/naa 02/26/90 R:02/27/90 CONCOH~TANT AGREEKENT RELATING TO THE ZONING OF THAT CERTAIN pA,R:CEL OF PROPERTY COKHONLY KNOWN AS THE CAMPUS H~GHLAND TOWNROHE PROPERTY (PARCEL 7) WHEREAS , the city of Federal Way, Washington, a noncharter optional municipal code city incorporated under the laws of the state of washington, has authority to enact laws and enter into agreements to promote the public health, safety and general welfare of its citizens and thereby control the use and development of property within its jurisdiction; and WHEREAS, the city council of the newly incorporated City of Federal Way is in the process of adopting initial zoning for property located within the city limits of the city, and . WHEREAS, the undersigned, the Owners of the above referred-to property initiated discussions with the City council with respect to entering into this Agreement for the purpose of attempting to amicably resolve any potential disagreements with respect to issues of vested rights and applicability of King County or ci ty of Federal Way regulations as a result of the incorporation of the City of Federal Way during the pendency of owners permit applications before King County, and WHEREAS, the Owners warrant to the City of Federal Way that they are the owners of the real property hereinafter described and have the full power to enter into this Agreement, NOW, THEREFORE, upon the property hereinafter described being ~ zoned RM 3600 as provi~d in the new Official zoning Map and the '\ JDW00757X - 1 - ,COPf ? \ ,- (e - ~ ) Zoning Code for the City of Federal Way, both of which shall be . effective February 28, 1990, Owners do hereby covenant and agree as follows: 1. In the event the zoning of the subj ect property, -commonly known as the Campus Highland Townho~e property and more particularly described in Exhibi t A attached hereto and . incorporated in full by this reference, is zoned in accordance with the Official Zoning Map and the Zoning Code for the City of -Federal Way under a classification as identified on said Zoning Map and in said zoning Code as RM 3600, to be effective as of February 28, 1990, then this Agreement shall be in full force and effect. 2. Upon such zoning designation being placed on the ) subject property, the following conditions shall apply: A. The building permit currently pending under King County File C8902294 shall comply with and be reviewed in accordance with the City of Federal Way codes adopted as of February 28, 1990. . B. A 100 foot Type I landscape buffer shall be provided, adjoining the single family zoning. C. A minimum 60 foot building setback shall be provided along the frontage of both parcel 5 and parcel 7, as depicted in Exhibit B attached hereto and incorporated in full by this reference, of the property along Campus Drive. D. Campus Drive, along the entire length of the subj ect property and parcelS, shall be widened, in accordance ) with then applicable City standards, to allow for a center turn . JDW00757X - 2 - ," . . ~ . lane. This improvement shall be constructed and completed prior to the issuance of occupancy permits for the first phase of the project. Provided, however, in the event that the roadway widening cannot be completed prior to the time of occupancy on . .... phase one Qf the project, and such delays have not been caused or contributed to by owners and are beyond owners' control, then, owners may apply to the City for authorization to post a bond in accordance wi th the applicable provisions of the Federal Way Zoning Code to assure the construction of the required improvements and, upon the approval and the posting of a bond in compliance with the City codes, occupancy permits may be issued provided all other terms and conditions of this Agreement and all of the applicable provisions of the Federal Way codes have otherwise been fully complied with. E. Building height shall not exceed 30 feet abcve average building elevations calculated from finished grade for the subject property in compliance with the provisions of 'C.:le Federal Way zoning Code. F. The maximum density that might other..rise mathematically be calculated for the subj ect property shall be reduced from 273 uni ts to 233 units. Owners acknowledge that fewer than 233 units may, in fact, be allowed on the subject property as a result of meeting the requirements of the new Federal Way Zoning Code and related ordinances of the City that are and shall be applicable to this development. G. The project shall be phased so that no more . than 100 units are developed and occupied in the first phase, JDW00757X - 3 - ~ - ce ~ which is the fir~t year (1990), and an additional 100 units in ) the second phase being the second year (1991), and the balance of . the units to be developed in the third phas~ anticipated to be the third year (1992). Owners may develop 200 units for each of the first and second years in any combination on parcels 5 and 7 (i.e., in the first year O~ers may develop 150 units on parcelS and 50 on parcel 7). H. Owners have represented and hereby commit that all units shall be townhouse/condominium type of units which shall be sold in a condominium format. 3. The Owners shall agree to set aside and dedicate to the ci ty the necessary right-of-way corridor as established by the Federal Way City council, subsequent to the date of ) incorporation, for the extension of loth Avenue S. W./344th right-of-way corridor. The city council shall agree to use its . best efforts to complete the corridor route designation on or before April 3, 1990, but not later than May 1, 1990. The right- of-way for the route thus established shall be dedicated by Owners to the City prior to the issuance of building permits on either parcelS or 7. 4. This Concomitant Agreement shall be operative upon the incorporation of the City of Federal Way, to wit: 12~01 a.m., February 28, 1990. In the event the City of Federal Way adopts a Comprehensive Plan and/or Zoning Map or Land Use Code, as it affects the subject property, which is substantially different from the Code upon which the City Council will be conducting a ) hearing on February 27, 1990, then the Owners shall have the . JDW00757X - 4 - . . . - a . . right to request termination of this Agreement. This election to request termiriation must be made by Owners wi thin thirty (30) days from the date of the adoption of tne Code, which is contemplated to be the night of February 27, ~990. In the event that the request to terminate this Aqr~ement is made and termination occurs, the City of Federal Way shall have the right to amend the zoning of the subject.property which may include the placing of a single family residential classification thereon. 5. The City of Federal Way agrees to cooperate with the Owners in the processing of the necessary permits and applications required as a condition precedent to approval of construction of the project. 6. Owners state that it is their intent to provide sufficient information to enable the City of Federal Way to issue a mitigated DNS for the proj ect for the subj ect property which shall incorporate the conditions of this Agreement. Ow-ners understand that the SEPA determinations are a matter of a separate proceeding and are not a part of this Concomitant Agreement. 7. The Owners hereby acknowledge that the City of Federal Way has not coerced the Owners, and in fact, the Owners have offered to have the terms of this Agreement imposed upon them and the subject property, and the Owners are willing to abide by the terms of said Agreement, and the Owners further agree that the terms herein are drafted for the benefit of the public health, safety and welfare of the community. 8 . This Agreement may be amended by the Owners by JDW00757X - 5 - a - ~ ~ filing an application therefore, which shall be considered and ) heard in the same manner as a rezone of property. Such action . shall not release the Owners from any obligations assumed under this Agreement, unless and until, such amendment has been approved by the city. 9. This Agreement is specifically enforceable by the ci ty in equi ty , and the ci ty may insti tute and prosecute any proceedings at law or in equity to enforce the provisions of this Agreement. The Owners further agree to pay all of the City's costs, including reasonable attorneys fees expended by the City in obtaining enforcement proceedings. 10. Nothing in this Agreement shall be construed as preventing the city of Federal Way from enforcing or exercising ) its police powers. 11. This Agreement shall be binding upon all of the Owners of the real property herein described and their heirs, successors in interest and assigns, and this Agreement shall run . with the land described herein. Provided, however, if Owners have not proceeded with the project within three years of February 28, 1990, or otherwise allow any building or other permits or approvals to expire within said three years, then the city of Federal Way may proceed to rezone the property not withstanding any other terms of this Agreement to the contrary. 12. At Owners' expense, this Agreement shall be recorded with the King County Department of Records and Elections, and the terms and conditions hereof shall constitute a ) covenant running with the land. All building, occupancy and use . JDW00757X - 6 - . . permits hereafter- applied for or issued shall be subject to the 4It terms, conditions and limitations of this Agreement and the applicable ordinances and codes of Federal Way. Nothing herein shall be construed as requiring or obligating the City to issue any building, occupancy or conditional use or other permit. DATED this ~7 -day of Fet/GLU"7 ' 1990. QUADRANT CORPORATION (owner) POLYGON 2000, Inc. (owner) ~l~le: ~0.!;~~ By: tC/~ P.. ~ Ti tIe: ~".,/t7I'" 1/ rd. r'HS'~ CITY OF FEDERAL ~ /fllZ ~ ALLEN LOCKE J INTERIM CIT~ MANAGER ATTEST/AUTHENTICATED: . /J ..J . . ()7 (4,/1 ~ _ ..J ~~U4./ ' /I~t~ CITY CLERK, DEWRES MEAD STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) I certify 60 /'., that I ). y:, ~04 , know or have satisfactory evidence that signed this instrument, on oat~ stated that h~ was authorized to execute the instrument and acknowledged it as the S~U/ U'C !?'JtM-of POLYGON 2000, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED this ~ay of expires: , 1990. . JDWQ0757X - 7 - ~ ,) STATE OF WASHINGTON ) , ,) ss: COUNTY OF KING ) ~ I certify that I know or have satisfactory evidence that CLlCLIfe-r fZ Cc,sfelh-- signed this instrument, on oath stated that A e.- was authorized to execute the instrument and acknowledged it as the .>~ /J )o-r I/h:tl. ;O~5'J&/~ of QUADRANT CORPORATION to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED this :)7 day of ;=e'/.:,A,AJ'7 ' 1990. ) ) JDW00757X expires: ~/21/9() . - 8 - . . . , - . - . . . . .. .. '.' - . '. . . EXHIBIT A '. . . . .. . PARCEL 7 . ..' '. . . . . '. . .. oj . . ,- TIIOSE PORTIONS OF.' TIlE NOR'l'IIEAST ONE-QUARTER OF 'rUE UORTllWEST . OttE-QUARTER MD 'rIlE SOUTHEAST ONE-QUARTER OF 'rIlE NORTllWEST '. ONE-QUARTER ALL IN SECTION ~9, TOWNSIQ:P 21 NOnTll, RANGE' 4 . EAST , W.H.,' IN KING. COUNTY, WASUJ:NGTON~ S~ID PORTIONS BEING HORE PARTICULARLY DESCRIBED AS' FOLLOWS: . . ~ :6- . 'COMHENCING AT TIlE' WEST~ ONE-QUARTER CORNER QF SAID SECTION 19: !'.rllENCE ALONG TlIE EAST/liEST CENTERLINE OF! SAID . SECTION 19 SBS.5B'22"E 12B2.~4 FEET TO ';fIlE SOUTHWEST CORNER 'OF! TIlE SOUTHEAST ONE-QUARTER -OF SAID NORTHWEST ONE-QUARTERr THENCE ALONG TIlE WEST~LINE THEREOF N01.~3'~2"E 202.55 FEET TO THE NORTHWESTERLY," LINE OF T1IAT CERTAIN EASEMEltT GRANTED TO TllE;~ UNITED STATES' OF AMERICA FOR ELECTRICAL T~~MISSION LINES BY DOCUMENTS RECORDED UNDER RECORDING NUMBERS '50J4J4~, 50295BO AlIO' 5027474; '.RECORDS OF SAID COUNTY ~D THE TRUE' POIltT OF .BEGIlTNING; . o. . THENCE CONTINUING ALONG SAID WEST LInE AND THE WEST LINE OF . SAID NORTHEAST, ONE-QUARTER o' OF SAID NORTHWEST ONE-QUARTER . NOJ..J.J 'J.2ItE +502.8J FEET TO 'A POINT 'ON . THE SOUTHERLY MARGIN OF TUE LANDS DESCRIBED IN DEED RECORDED UNDER RECORDING NUMBER S50~~70665, RECORDS OF SAID COUNTY, SAID POINT' BEING aH A .CURVE CONCAVE TO TlIE NORTIIEAST HAVING A. RADIUS OF B42.00 FEET AND TO WHICH POINT A. RADIAL LINE' BEARS S47.11'42"Wl . THENCE ALONG SAID MARGIN SOUTHEASTERLY MD EASTERLY BO~.22 FEET ALONG SAID CURVE TlmOUGlI' A CENTRAL ANGLE OF 54. J~' 16" TO TilE BEGINNING OF o. A REVERSE CURVE CONCAVE TO TIlE SOUTllWEST lIAVING A nADIUS OF 6J.B._ 00 FEE~ (A RADIAL LINE THROUGlI SAID BEGINNING BEAnS N07.19IJ4"W)1 'TlIEltCE CONTINUIltG ALONG 'SAID MARGIN EASTERLY. AND SOUTllEASTERLY 647.38 'FEET ALONG SAID CURVE THROUGlt A CENTRAL ANGLE OF 60.0J.'1~IITO SAID NORTHWESTERLY LINE OF TI1AT CERTAIN EASEMENT' GRANTED . TO TlIEUlIITED STATES OF AMERICA 'FOR ELECTRICAL TRANS~tISSION LINES' BY DOCUMENTS RECORDED UNDER RECORDING NUMBERS 50J~34~, 5029580, AND 5027474, REconDS OF SAID COUNTY: i THEnCE ALONG SAJ:D ltORTIlWESTERLY LINE S52.SB'44t1W 1662.66 FEET TO TIlE TRUE POIll'r OF BEGINNING . . "'1 1'\.\11 .. COWClnUAL .. IIA ""''' "NO ...... IT 'IIOW. -"""0 u.... IT .0.. lOOT U'O. .... UACT ICO.. 0.. CO"aTIIUCnoll TO"1'''"'I'UoC' 011 ....., 'OIITlO" 0.. lit. '''O..IITT. T... .UILDINOS. 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Cam)U~H~'I'~d K. r r ~~S:_; r' b. ~ ~~.~ V Lv--.. -t4~~ l; ......, ~ " I - '. ."(( ...... t-- . . ---i I ...... ~'fiJ1 . - ~ ~ .. _ , "''''"..." - 1/ ., . ~~1 .J: ~ ...... " ;.-~ . unH ITIIIU 10-" " rr-~ IH~.. ., i' ?5; ~ r .,;-~ .... ' - \.~ :'i;' r- '- { ; r-'. '/~ ~ 'I' .,,~ ?if.t-c: . Ir.:.t~ ~"...\~ ~A./\I/.A ~~ 1~~~t?,C i .L. ..1!::........ ~ ~r.~";:o.:t:'~\"'~'I./'L ,~ ;0... 1....~~:It.---.,:~ ~~~ffic;:.... ~.(l: ~ . ...... Oil'''.' ~ WEST CAMPUS A Planned Community A O.V.LOPM.IIT 0" AQ~~ . '\ (e <It 'i' ~ ~ -t: t.::. ~ -..; -.~ (\ LL - '<. () <' ... % -.'---. ~ I < ~ r c- --. ~ ~ l \J\ <E 0 CL '- D I "< .-J S ~ ..... =< ~ . , ,~ ' ....../ . ~ i " I " SITE PLAN ~ '.~ .ct-\~ .~'.;I, ,~,~"'. t l'IHI=u'IHm!l=sIIIIHIIIE!!' ~ 5 I" I ~!~,- -. 1 i 'fl "'fl f · iil;iliilll~IHill!~ !Ii=~:~ ~~hi ; I. 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I. ~ - RESOLUTION NO. 93-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .FEDERAL WAY, WASHINGTON, AMENDING THAT CERTAIN .CONCOMITANT AGREEMENT RELATING TO THE ZONING OF." THAT CERTAIN PARCEL OF PROPERTY COMMONLY';. KNOWN AS CAMPUS CREST PROPERTY (PARCEL 5) RECORDED UNDER AUDITOR'S NUMBER 9003051119, AND AMENDING THAT CONCOMITANT AGREEMENT . RELATING TO THE ZONING OF THAT CERTAIN ~ARCELOF PROPERTY COMMONLY KNOWN AS THE CAMPUS HIGHLAND TOWNHOME PROPERTY (PARCEL 7), RECORDED UNDER AUDITOR'S NUMBER 900305118; AFFIRMING. IN PART AND DENYING IN PART THE HEARING EXAMINER'S RECOMMENDATION IN FILE #UPR92 0.017 . WHEREAS, on February 27, 1990, Concomitant. Agreements were entered into by the City of Federal Way and Polygon 2000, Inc., and the Quadrant Corporation, establishing the zoning and methods of resolving potential disagreements with respect to vesting rights, as well as the applicability of King County or City of Federal Way regulations with regard to two parcels of property, legally described in Exhibit A attached hereto. Polygon 2000, Inc., and Quadrant Corporation own Campus Crest (parcel 5) ("Campus Crest") and' Campus Highlands Townhomes (parcel 7) ("Campus Highlands") ;::, ):oll~ctively referred to as "subject properties". These parcels_.are ~Qcated south of Southwest Campus Drive, opposite '. .. . the introduction-of Tenth Avenue Southwest and the Glen Park at .. . ......' ~. - . West Campus O~ve~~pment; and WHEREAS, in 1991, the City purchased approximately 16 acres of Campus Crest parcel 5 for the purpose of developing a community park in conjunction with the construction of a junior RES # 93-144 - PAGE 1 COpy . ~. high school by the Federal Way School District. This 16 acres . I \. consisted of parcel A of parcel 5. The City' council at the. city ot Fed!;~l wayi,....,~a~uaxj;~~9, 1993, amended the. concomitant Agreemen'b. for parcel 5 by deletinq parcel. A from said aqreem~t, which returned it to the original zone classification of RM2400. Tba. .' -, t\!r1I!r'oe'1:l'lw" QJ..~'taD. ~_~.,t..d!e~p""un~~d, t.or. parcel B of ....~~~.......,~._:'::-.:........~...~==-. :".". .~. ..... . pa~e1., 5:; and," # WHEREAS, the applicant owner is requesting to amend two Concomitant Agreements relating to Campus Crest (parcel'B of parcel 5) and Campus Highland Townhomes (parcel 7), (hereinafter "Concomitants"); and WHEREAS, the Application for Amendment is summarized as follows: Reauest A: 1. Amend Paragraph 11 to allow 24 months . fOllowing resolution of the issues surrounding the alignment of 10th Avenue South to proceed with development of project. 2. Clarify the agreement to address the funding for the construction of loth Avenue Southwest. 3. Define "Proportional Share" as used in the agreements for the purpose of calculating the development traffic impact. 4. Adding a new subsection to Paragraph 11 of the Concomitant Agreements, which will define "proceeding" as the filing of a completed billing application for Phase I of the development. . RES # 93-144 - PAGE 2 ~ ~ ,. . c. Request B: 1. Modify condition 2B to reduce the required 100 foot Type I Buffer for the portions of parcel 5 and 7 adjoining single family zoning to 60 feet. As.part of this request, the applicant proposes to add language requiring the construction of a solid board fence along property lines of which parcels 5 and 7 which abut single family zone property; and WHEREAS, the Request to Amend the Concomitant Agreements must be processed in the same manner as a quasi-judicial project rezone in accordance with section 22-296 of the Federal Way city Code; and WHEREAS, quasi-judicial rezones are subject to process III review.' Federal Way Zoning Code ("FWZC") section 22-476 which . requires the Hearing Examiner to issue a recommendation to the City Council, who will then make the final determination; and WHEREAS, pursuant to Process III Review, Federal Way Zoning Code 22-482, the Hearing Examiner held a public hearing on this Request to Amend the Concomitant Agreements on April 13, 1993, and all public notice having been duly given pursuant to Federal Way Zoning Code 22-480; and WHEREAS, following the public hearing, the Hearing Examiner submitted to the appropriate Council committee his recommendation to approve the proposed Amendments to the Concomitant Agreements; and WHEREAS, Federal Way Land Use Committee on May 11, having considered the recommendation of the Hearing Examiner, has moved to . RES # 93-144 - PAGE 3 - u___ __ , . \ forward the Examiner's recommendation to the full Council; NOW . THEREFORE THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Adoption of Hearina Examiner Findinas. Pursuant to Federal Way zoning Code section 22-302, the City Council has considered the application, and after full consideration of the entire matter on the record before the Hearing Examiner, including the Examiner's Recommendation, the City Council hereby adopts by reference the Findings of the Federal Way Land Use Hearing Examiner as contained in the Examiner's Recommendation on Amendment to the Concomitant Agreements, section III, which document is attached hereto as Exhibit B, and incorporated herein by reference, with the clarification that the findings are adopted . solely to the extent they relate to that portion of the applications approved herein. SECTION 2. criteria to Rezone. The City Council adopts by reference the Findings of specific criteria which an applicant must meet in order to obtain a quasi-judicial project related rezone pursuant to Federal Way Zoning Code section 22-302 (referencing Section 22-299) as contained in the Examiner's Recommendation on Amendment to the Concomitants, Finding Number 7, (A), (B), and (C), with the clarification that the findings are adopted solely to the extent they relate to that portion of the applications approved herein. . RES # 93-144 - PAGE 4 ~ e \. SECTION 3. Council Findinqs on Reauest All). The Council finds that the application to amend the Concomitant Agreements for Campus Crest, parcel B of parcel 5, and Campus Highlands, parcel 7, with respect to Request A(l) to amend paragraph 11 of the Concomitants to allow the applicants 24 months following resolution of issues surrounding the alignment of loth Avenue South to proceed with the development proposal pursuant to the terms of the Concomitant are ~~~~~~~~~,~~~~~~~th. f c~ty,/and as such, do not meet the criteria set forth in Section 22-299 of the Federal Way city Code. Compliance with this criteria is a condition precedent to approval of this portion of the application, and accordingly, this portion of the application must be denied. The Council finds that the approval of this condition . would grant to applicants a "guaranteed" zoning designation for this property. While the Council has no present intentions to consider a rezone of the subject property, the city must comply wj.th the provisions of the Growth Management Act. Compliance will require adoption of a comprehensive plan from which will flow zoning designations consistent with the adopted comprehensive plan designations. Any grant of a guaranteed zoning designation for a specified term of years may hinder any future potential of the City Council to adopt zoning designations determined to be in the best interest of the residents of the City. . RES # 93-144 - PAGE 5 ------ . ~ In addition, in 1990, the City of Federal Way adopted an . Interim Comprehensive Plan.' The Interim Comprehensive Plan states' that it is a "statement of the community's desires and goals for the future development of the City and provides the framework for a continuing planning process that will begin with the adoption of this plan." Council further finds that any guaranteed zoning designation would be adverse to the City's ability to exercise its goal of carrying out a "continuing planning process." Finally, the Interim comprehensive Plan Framework Policy IV, as adopted by the City council, states that the purpose of the Federal Way Comprehensive Plan is to "provide a process for continuous updating and amendment of the Plan and its implementing plans and regulations." Accordingly, the City Council finds that any grant of a guaranteed zoning designation for a term of years . would not be consistent with the Comprehensive Plan Framework Policy to provide for continuous updating and amendment of the Plan and its implementing plans and regulations. SECTION 4. Application Approval. The Application to Amend the Concomitant Agreements for, Campus crest, parcel B of parcelS, . . and Campus Highlands, parcel 7, Federal Way File No. UPR-92-0017, is approved with respect to the following provisions: Reauest.A: 2. Clarify the agreement to address the funding for the construction of lOth Avenue Southwest. 3. Define "Proportional Share" as used in the agreements for the purpose of calculating the development traffic impact. . RES # 93-144 - PAGE 6 . t . . tJ e 4. Adding a new subsection to Paragraph 11 of -the Concomitant Agreements, which will define "proceeding" as the filing of a completed building application for Phase I of the development. Reauest B: Modify condition 2B to reduce the required 1. 100 foot Type I Buffer for the portions of parcel 5 and 7 adjoining single family zoning to 60 feet. Construction of a solid board fence along property lines of which parcels 5 and 7 which abut single family zone property will also be required. The application to ame~d the Concomitant Agreement is denied with respect to Request A(l) to amend paragraph 11 to allow 24 months following resolution of the issues surrounding the alignment of lOth Avenue South to proceed with development of the project. Council approval of the application shall be evidenced by the adoption of this resolution, and shall permit the applicant herein to develop the subject properties, pursuant to the Concomitant Agreements, as amended hereby. SECTION 5. Future Amendments. Future amendments to the Concomitant Agreements shall be processed by the filing of an application therefore, which shall be considered and heard in the same manner' as a rezone of property. Such action shall not release owners from any obligation assumed pursuant to the Concomitant Agreement as currently amended, unless or until any future amendment has been approved by the city. SECTION 6. Recordina of Resolution. At applicant's expense, this Resolution shall be recorded with the King County RES # 93-144 - PAGE 7 ~ . . . .u_~u_u. . ( Department of Records and Elections, and the terms and conditions herein shall constitute a covenant running with the land. All building, occupancy and use permits hereafter applied for or issued shall be subject to the terms, conditions, and limitation of this Amendment to the Concomitant Agreements, and the extent not modified herein, the original Concomitant Agreements for the subject property, and the applicable ordinances and codes of the ci ty of Federal Way. Nothing herein shall be construed as requiring or obligating the City to issue any building, occupancy, or conditional use or other permit. SECTION 7. Siqnature. The applicants herein shall execute an acknowledgement of the terms of this resolution, acknowledging the modification to the existing Concomitant Agreements, provided, however, signature of the applicants are not required for this modification to be effective. SECTION 8. Severability Clause. 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 9. Effecti ve 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 15th day of June , 1993. RES # 93-144 - PAGE 8 . . . (. . ." . (. CITY OF FEDERAL WAY ~~ MAYOR, ROBERT STEAD THE TERMS OF THIS RESOLUTION ARE ACKNOWLEDGED AS AMENDING CONCOMITANT AGREEMENTS FOR CAMPUS CREST (PARCEL B OF PARCEL 5), AND CAMPUS HIGHLANDS (PARCEL 7). POLYGON APARTMENT PARTNERS By Title WANEY, CMC ~ CITY ATTORNEY, CAROLYN A. LAKE FILED WITH THE CITY CLERK: June 9. 1993 PASSED BY THE CITY COUNCIL: June 15. 1993. RESOLUTION NO. 93-144 I:\LA\KATHLEER\RESO\CAMPUSCR RES I 93-144 - PAGE 9 ~ ~ . EXHIBIT E PROPOSED CONCOMITANT AGREEMENT AMENDMENTS . . . . . e e DRAFT 1930117 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON AMENDING THAT CERTAIN CONCOMITANT AGREEMENT RELATING TO THE ZONING OF THAT CERTAIN PARCEL OF PROPERTY COMMONLY KNOWN AS CAMPUS HIGHLANDS TOWN HOME PROPERTY (PARCEL 7), RECORDED UNDER AUDITOR'S NUMBER 900305118. WHEREAS, on February 27,1990, a Concomitant Agreement, hereinafter referred to as "Agreement," was entered into by the City of Federal Way, Polygon 2000, Inc., and The Quadrant Corporation, establishing the zoning and methods of resolving potential disagreements with respect to vesting rights and the applicability of King County or City of Federal Way regulations, with regard to the property legally described in the attached Exhibit A and located on the south side of Campus Drive, immediately west of the Bonneville Power Administration power line easement at approximately 7th Way Southwest ("Campus Highlands" or "Parcel 7" herein); and WHEREAS, the Agreement was amended in 199~.by Resolution 93-144; and WHEREAS, The Quadrant Corporation ("Owner") owns Parcel 7 and proposes to convey the property to Jack McClurg and JGL Land trust, ("Developers"), who have applied for land use approval to allow the Federal Way Golf Learning Center which includes an approximately 10,000 square foot golf center with pro shop, deli, administrative offices, a two-level 100-tee driving range, a 4,500-square-foot putting green, putting courses and an 8-10 station batting cage with on-site parking areas; and WHEREAS, upon completion of the conveyance of the subject property, the Developers will become the "Owner" for purposes of this Agreement; and WHEREAS, pursuant to the modification provisions of the Agreement, the Owner and Developers submitted the appropriate application and accompanying materials on February 2, 1996, to modify the two Concomitant Agreements which includes the original Agreement and Resolution No. 93-144 to allow the construction of the Federal Way Golf Learning Center; and WHEREAS, the Owner and Developers request is summarized as follows: 1. Rezone Parcel 7 from Multifamily Residential, RM 3600 to RM 3600-1. e e 2. Amend Section 2(B) of the Agreement to reduce the required buffer adjoining the single-family-zoned property from 100 feet of Type I to 40 feet of Type I landscaping. 3. Amend Section 2(D) of the Agreement to eliminate the requirement to widen Campus Drive for the entire length of the property and construct a left-hand turn lane. 4. Amend Section 2(E) of the Agreement to allow poles supporting the driving range protective netting up to 100 feet in height and building height of all other structures on the site is limited to 50 feet. 5. Amend Section 2 to allow the construction of the Federal Way Golf Learning Center as described in paragraph 1 of this document. 6. Adding the following new subsections to Section 2 of the Agreement, which provide additional development standards for the proposed project: A. The uses and site shall be developed substantially in accordance with the approved site plan. B. The signage standards of the Federal Way City Code, Section 22-1600, Table 2 (Recreation), shall apply to the proposed project. Directional signs as provided in Section 22-1599 of the Federal Way City Code shall be allowed. c. The following landscape buffers shall apply: (1) 100-foot landscape buffer of Type II landscaping along the length of the subject property fronting on Southwest Campus Drive east of the proposed driveway for the development and adjacent to the proposed golf driving range area as depicted on the attached site plan; and (2) 50-foot landscape buffer of Type II landscaping along Southwest Campus Drive west of the proposed driveway for the development adjacent to the proposed golf putting courses, as depicted on the attached site plan. 0, A 25-foot landscape buffer of Type I landscaping shall be provided along the easterly property line abutting the Bonneville Power Administration power line easement. E. The proposed development shall comply with the provisions of Article XIX, Federal Way City Code, Community Design Guidelines. 7. Amend Section 3 of the Agreement to eliminate the requirement for dedication of 2 . . . . . . e - right-of-way necessary for the extension of 10th Avenue SouthwesV344th Street Southwest. WHEREAS, Section 8 of the Agreement and Section 5 of Resolution No. 93-144 allows for the amending of the Agreement in the same manner as a quasi-judicial project rezone in accordance with Section 22-296 of the Federal Way City Code (FWCC); and WHEREAS, Section 22-296 of the Federal Way City Code requires that quasi-judicial project rezones be reviewed under Process III, which requires the Hearing Examiner to issue a recommendation to the City Council, who will then make the final determination; and WHEREAS, pursuant to Process III Review, FWcC 22-482, the Federal Way Land Use Hearing Examiner held a public hearing on this request to amend the Agreement on February 18, 1997 and all public notice having been duly given pursuant to FWCC 22480; and WHEREAS, the requirements of the State Environmental Policy Act were met by the City of Federal Way by issuing a Mitigated Determination of Non-Significance for the proposed project on November 20, 1996; and WHEREAS, following the public hearing, the Federal Way Land Use Hearing Examiner submitted to the appropriate City Council committee his recommendation to conditionally approve the proposed amendments to the Agreement; and WHEREAS, the Federal Way City Council's Transportation and Land Use Committee, on April 7, 1997, having considered the recommendation of the Federal Way Laud Use Hearing Examiner, has moved to forward the Examiner's recommendation to the full Council. Now, THEREFORE, THE CITY COUNCil OF FEDERAL WAY, WASHINGTON DOES HEREBY RESOLVE AS FOllOWS: Section 1. Pursuant to Federal Way City Code Section 22-302, the City Council has considered the application, and after full consideration of the entire matter on the record before the Hearing Examiner, including the Examiner's Recommendation, the City Council hereby adopts by reference the Findings, Conclusions, and Recommendation of the Federal Way Land Use Hearing Examiner, attached as Exhibit B and incorporated by 3 - - . - reference herein. Section 2. In addition to the Findings, Conclusions, and Recommendation of the Federal Way Land Use Hearing Examiner, as adopted by the City Council in Section 1 above, the City Council hereby finds that the proposed rezone to allow the Federal Way Golf Learning Center is consistent with the public interest. The proposed Golf Learning Center is consistent with surrounding uses of land, including the Saghalie City Park and . Junior High School, the Weyerhaeuser/King County Aquatic Center, and the Federal Way Little League complex, all of which involve recreational use by the general public. Likewise, the proposed Federal Way Golf Learning Center would be developed on a large, 22.5 acre site, consistent with the nearby Saghalie Park and School (25.5 acres), the Aquatic Center (11 acres) and the Little League complex (21.4 acres), Section 3. Based upon the Findings, Conclusions, and Recommendation of the Federal Way Land Use Hearing Examiner, as adopted by the City Council in Section 1 above, the City Council hereby APPROVES the Application to Amend Concomitant Agreements for Campus Highlands, Parcel 7, City of Federal Way file UPR96-0023 and Federal Way Land Use Hearing Examiner file FWHE#97 -02, SUBJECT TO the conditions contained in the Examiner's Recommendation and incorporated into this agreement in Exhibit B attached hereto, and SUBJECT TO the Sections 4-16 below. Section 4, Conditions of Approval. The following conditions of approval shall apply to the proposed Federal Way Golf Learning Center project: 1. The required buffer adjoining the single-family-zoned property shall be 40 feet of Type I landscaping. 2. The poles supporting the driving range protective netting shall be limited to 100 feet in height. Height of all other structures on the site is limited to 50 feet. 3. The uses and site shall be developed substantially in accordance with the approved site plan, 4. The signage standards of the Federal Way City Code, Section 22-1600, Table 2 (Recreation), shall apply to the proposed project. Directional signs as provided in Section 22-1599 of the Federal Way City Code shall be allowed. 5, The following landscape buffers shall be provided along the frontage on 4 . . . . . . e e Southwest Campus Drive: A. A 1 DO-foot landscape buffer of Type II landscaping along the length of the subject property fronting on Southwest Campus Drive east of the proposed driveway for the development and adjacent to the proposed golf driving range area as depicted on the attached site plan. B. A 50-foot landscape buffer of Type II landscaping along Southwest Campus Drive west of the proposed driveway for the development adjacent to the proposed golf putting courses as depicted on the attached site plan. 6. A 25-foot landscape buffer of Type I landscaping shall be provided along the easterly property line abutting the Bonneville Power Administration power line easement. 7. The proposed development shall comply with the provisions of Article XIX, Federal Way City Code, Community Design Guidelines, 8. Condition 3 of the Agreement as shown below, shall not apply to the proposed Federal Way Golf Learning Center project: The Owners shall agree to set aside and dedicate to the City the necessary right- of-way corridor as established by the Federal Way City Council, subsequent to the date of incorporation, for the extension of 10th Avenue S. W.l344th right-of- way corridor. The City Council shall agree to use its best efforts to complete the corridor route designation on or before April 3, 1990, but not later than May 1, 1990. The right-of-way for the route thus established shall be dedicated by Owners to the City prior to the issuance of building permits on either parcelS or 7. In addition, as provided in Resolution Number 93-144, the Owners and Developers are not required to contribute to the capital construction costs of an extension of 10th Avenue Southwest. 9. The Developers' request to delete condition 2 D of the Agreement is approved; provided, that in lieu of condition 2 D of the Agreement, the following conditions shall apply: A. The Owners and Developers shall dedicate to the City of Federal Way the 5 e e northern 5 feet along Parcel 7's entire Campus Drive frontage to facilitate future widening of Campus Drive and construction of a center left hand turn lane; and B. The Developer shall pay a pro rata share of the future Campus Drive widening project described in Section 4, paragraph 9.A above. Based on the Transportation Impact Analysis submitted by the Developers, the Developers shall be responsible for 1.8% of the estimated project cost of $2.6 million. The. Developers' pro rata share ($46,800) shall be paid prior to the issuance of any development permits for the project described herein. Section 5. Abandonment of Application or Termination of Use. In the event that the Developers: (1) abandon the Federal Way Golf Learning Center (application numbers SEP96-0019, UPR96-0023, and SPR96-0020) for any reason; or (2) cease using the site as provided in Application Numbers SEP 96-0019, UPR 96-0023, SPR 96-0020, accompanying site plan(s) and this Resolution for any reason, the Agreement as modified herein shall be terminated, the zoning of the Campus Highlands Parcel 7 returned to RM 3600, and the Agreement as modified by Resolution 93-144 shall once again be in effect. Section 6. Permit Processing. The City of Federal Way agrees to process any permit applications required as a condition precedent to approval of construction of the project. Section 7. Agreement Subiect to Code and SEPA. All building and occupancy permits, applied for or issued, shall be subject to the terms, conditions, and limitations of this Agreement, the November 20, 1996, Mitigated Determination of Non-Significance, and the applicable ordinances and codes of the City of Federal Way. Section 8. Owner Agreement. The Owner hereby acknowledges by its signature below that the City of Federal Way has not coerced the Owner; that, in fact, the Owner has offered to have the terms of the Agreement as modified herein imposed upon them and the subject property; that the Owner agrees to and is willing to abide by the terms of said Agreement as modified herein; and that the Owner further agrees that the conditions adopted in Sections 4 through 16 are necessary for the benefit of the public health, safety, and welfare of the community. Section 9, Liability, Liability for breach of any of the conditions of this Agreement shall be borne by the Owner of Parcel 7 at the time of breach (including at the time of any 6 . . . . . . e e continuing breach) and/or any entity who assists, aids, abets, or in any way encourages any breach. If The Quadrant Corporation conveys title of Parcel 7 to McClurg and/or JGL Land Trust, the City will not seek to enforce any conditions of this Agreement against The Quadrant Corporation following that conveyance so long as The Quadrant Corporation is not the Owner at the time of any breach or nonperformance of conditions of this Agreement, The Quadrant Corporation does not manage, direct, or control the affairs of JGL Land Trust, McClurg, or any other entity owning Parcel 7, and so long as The Quadrant Company does not assist, aid, abet or encourage the commission of any breach or nonperformance. Section 10. Specific Performance. Damages are not an adequate remedy for breach of any of the conditions contained herein, and that the City is entitled to compel specific performance of these conditions as well as to receive damages for their violation. The Owner shall pay all costs and attorney fees expended or incurred by the City in enforcing the conditions contained herein, or in seeking damages for their violation. Section 11, Covenant. The conditions set forth in Sections 4 through 10 above shall inure to the benefit of and be binding upon the Owner, their respective successors in interest, assigns, heirs, personal representatives, guardians, administrators, successors, executors, directors, officers, agents, representatives, employees, and insurers, and upon any and all purchasers or lessees of any interest in the real property described herein. The benefits and burdens upon the Owner and the City created by this Resolution shall be and do create a covenant upon and shall run with and be appurtenant to the property described herein, benefiting the City of Federal Way. At the Owners' expense, this Resolution shall be recorded with the King County Department of Records and Elections with respect to the property described herein, and shall be included in all future instruments conveying any interest in said property. Section 12. Conditions Integral. The conditions of approval of the Federal Way Golf Learning Center application are all integral to each other with respect to the City Council finding that the public use and interest will be served by the approval of the application and modifications contained therein. Should any court having jurisdiction of the subject matter declare any of the conditions invalid, then, in said event, the approved application and 7 e e modifications granted in this Resolution shall be deemed void, and the Federal Way Golf Learning Center application shall be remanded to the Federal Way Land Use Hearing Examiner to review the impacts of the invalidation of any condition or conditions and to conduct such additional proceedings as are necessary to assure that the amended plan makes appropriate provisions for the public health, safety, and general welfare and applicable City ordinances, rules, and regulations and forward such recommendation to the City Council for further action. Section 13. 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 14. Future Amendments. Future amendments to the Agreement shall be processed by the filing of an application therefor, which shall be considered and heard in the same manner as a quasi-judicial rezone of property, Such action shall not release the Owner from any obligation assumed pursuant to the Agreement as currently amended, unless or until any future amendment has been approved by the City of Federal Way. Section 15. Signature, The Owner herein shall execute an acknowledgment of the terms of this Resolution, acknowledging the modification of the existing Agreement. Section 16. Effect of Resolution. This Resolution constitutes the entire decision with respect to City of Federal Way File No. UPR96-0023 and Federal Way Land Use Hearing Examiner File No. FWHE#97 -02, and shall supersede and replace the amendments made by Resolution 93-144. Section 17. Effective Date, This Resolution shall be effective upon passage by the Federal Way City Council AND upon the signatures of the Owner as provided in Section 15 above, RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS DAY OF ,1997. 8 . . . . e e CITY OF FEDERAL WAY MAYOR, MAHLON "SKIP" PRIEST THE TERMS OF THIS RESOLUTION ARE HEREBY AGREED TO AND ACKNOWLEDGED AS AMENDING THE CONCOMITANT AGREEMENT FOR CAMPUS HIGHLANDS TOWN HOMES. JGL Land Trust THE QUADRANT CORPORATION Title: Title: . ATTEST: . CITY CLERK, CHRISTINE GREEN ApPROVED AS TO FORM: CITY ATTORNEY, LONDI LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. CONCOM2.WPD 9 e e ITEM## :V/_W MEETING DATE: May 20, 1997 ..................................................................................................................................................................................................................................................... CITY OF FEDERAL WAY City Council AGENDA ITEM ...~Y.~~~I.;...~~p.~.!~J.~!~~~~!~.~~..~!.~g.r.~.~~_~~~~!!~.~..A:PPQ.~.~t~~.~.!~...................................... CATEGORY: BUDGET IMPACT: CONSENT _ORDINANCE t/ BUSINESS HEARING FYI _RESOLUTION _STAFF REPORT _PROCLAMATION STUDY SESSION _OTHER Amount Budgeted: S Expenditure Amt: S Contingency Reqd: S ATTACHMENTS: Memo dated 5/13/97 from Philip Keightley to City Council & Image Workshop ...~.~~.~~.~p.~~~~.~.~.~~~E~~~g..!~.~~.~~.~~.~.~~~.~.~.~..f~~~..~~~..~.~g~..W.~!:~~~.P..~!:~~..~!!.~!~Z~.........._.............................. SUMMARYIBACKGROUND: Attached is the 5/13/97 memo summarizing the 5/10/97 Image Workshop . recommendations. It is now necessary to rerme these recommendations into specific costed recommendations for City CouncU consideration. CITY COUNCIL COMMITTEE RECOMMENDATION: This item has not been through Council Committee. CITY MANAGER RECOMMENDATION: City Council appoint a committee of approximately 9 members from the Image Workshop and CIAC process to make recommendations to City Council by September 2, 1997.if!E APPROVED FOR INCLUSION IN COUNCIL PACKET: @ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACI'ION: _APPROVED _DENIED _TABLEDIDEFERRED/NO ACI'ION COUNCIL BILL ## 1st Reading Enactment Reading ORDINANCE ## RESOLUTION ## . . . . e e City of Federal Way MEMORANDUM To: City Council Image Workshop Participants /1iiJt Philip D. Keightley, Deputy City Managd- 13 May 1997 Image Workshop summary From: Date: Subject: The following is a summary of the 10 May 1997 Image Workshop recommendations. The attached details from all the "flip charts" produced at the workshop were the basis for the summary. A. RTA Implementation As the RTA was about to construct $37 million of improvements in the next few years, it was generally agreed that a different forum was needed to determine how to best shape these improvements to best meet the needs of Federal Way. B. Implementation Recomm~ndations (in voted priority order) 1. S. 320th St. (1-5 to SR-99) Streetscape improvements* (42 votes) · Enhance four comers of S. 320th S1. and SR-99 with street intersection improvements · Median with welcome sign (1-5 and 25th Ave. S.) · Street trees in grates in existing sidewalks · Lighting ( decorative) · Banners or flags · Color / plantings · Table 6 recommended $O.6M streetscape improvements, $1.2M Wldergrounding, SO.25M billboards, $O.25M sign incentive, implementation $15K public and $5K private, $O.5M street lighting. e e 2 Memorandum to City Council and Image Workshop Participants Image Workshop Summary 13 May 1997 . 2. SR-99 (S. 312th St. to S. 324th St.) Streetscape improvements* (34 votes) · lJnderground~ring. · Sidewalk · Street trees · Lighting (decorative) . Billboard removal war chest / sign removal incentives. 3. Economic Development Council (ED C) formation (32 votes) . Governance (one accountable person, group or foundation to implement) . City/Chamber jointly develop and fund . Public/private funded (Table 6: $15K public, $5K private) Develop: . Federal Way image/theme (great place to live, learn, work, play) · Vision for redevelopment · Marketing plan · Sales kit Communicate theme / "tell story" of our many assets Market Federal Way Form: . Downtown business association · International business district · Leadership forum .. . . . . 4. Downtown redevelopment / targeted investments (26 votes) . Co-site joint parking structure--RTA, Mall, City, KC/Metro . Form team for perfonning arts and community center . Address overhead utilities, lighting, and street scape (also in # 1 & #2 above) . ''Wood Plaza"-(18th Ave. S. from S. 316th S1. wall to S. 320th S1.) view and pedestrian corridor 5. Signs incentive / billboards war chest (24 votes) . Signs incentive $0.25 million, billboards $0.25 million (also in #2 above) . . . . e e Memorandum to City Council and Image Workshop Participants Image Workshop Summary 13 May 1997 3 5. Street lights I technology (24 votes) . Underground wires I street lights · Fiber optics network . Promote class "A" office with enhanced communications 7. Public Plaza (14 votes) . Northwest comer ofS. 316th St. and 20th Ave. S. . "Wood Plaza" (18th Ave. S. from S. 316th St. wall to S. 320th St.) view and pedestrian corridor 8. FW Image I Theme (2 votes) . Also included in #3 above c. Next Steps The City Council on May 20, 1997 will consider appointing about a nine-member committee, likely from Image Workshop and CIAC process participants, to make final recommendations to the City Council for implementation. Attachment: Flip Chart Notes e ITEM# _~ e-) MEETING DATE: May 20, 1997 .--...-..------.-..-------------...------...------.--------------------------- CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Communication Services for Klahanee Lake Community/Senior Center ......................................................................................-..............................................................................-..................................................................................... CATEGORY: BUDGET IMPACf: _ _CONSENT ORDINANCE 2tBUSINESS _HEARING FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ 33,000 Contingency Reqd: $ .......................................................................................................................................................................................................................................................... ...~:IT!.~~~I~.;.....~~~~~.~!?~~~.~.~~~~.f~.~~.M~.Y..?!..!.?~1.................................................................................................... SUMMARYIBACKGROUND: Included in the reorganization of the PRCS Department is the renovation ofKlahanee Lake . Community/Senior Center (KLCC), The Recreation Division currently operates out of three buildings~ the Steel Lake Annex. old fire station and KLCC. The projected costs over the next two years indicates that our current communications system supporting the three buildings would increase :from the current cost of $18,000 to $25,000 annually. Consolidation of the Recreation Division into the KLCC facility supports many cost reductions included in the adopted 1997/1998 budget for recreation. Per Council policy, all purchases over $20,000 must be reviewed and approved by Council. Included in this memo is a request to purchase and install the Extended Processor Node System from AT&T for approximately $33,000 forKLCC, This system best accommodates the Recreation Division's communications needs. It will also reduce the division's operation cost for communication by $18,000 ...~~y.:...Th~..~~.f.'?!..~.~.~~.~~~.p!.~I~.~~~.f'?!..~~.~~g..~?y.~~~~.................................................................................... QTY COUNCIL COMMI'ITEE RECOMMENDATION: The Parks and Recreation Council Committee will ...~~.~.~~j~.~!~~!.M~Y...~.~l..!~~?!??:~~&!.~~.!.<?.~~~.!.~~~~.~~~~!?:.~.~.9.~~~.p.~.M~y..~9.:............................... CITY MANAGER RECOMMENDATION: fff~ l<~ /.fl.{:, &~.f c~ 7' c.t.{'-r.~. ...............................................................................................................................................................................................&4I..~.bt.!J~......... APPROVED FOR INCLUSION IN COUNCIL PACKET: @Jj (BELOW TO BE COMPLETED BY C11Y CLERK'S OFFICE) COUNCIL AcrION: _APPROVED _DENIED . _TABLEDlDEFERREDlNO ACflON COUNCIL BILL ## 1st Reading Enactment Reading ORDINANCE ## RESOLUTION ## . . . e e CITY OF FEDERAL WAY CITY COUNCIL PARKS AND RECREATION COMMITTEE Date: May 9, 1997 From: Jennifer Schroder, Director Parks, Recreation and Cultu Subject: Communication Services fi r Klahanee Lake Community/Senior Center Introduction Included in the reorganization of the Parks, Recreation and Cultural Services Department (PRCS) is the renovation ofKlahanee Lake Community/Senior Center (KLCC). The Recreation Division currently operates out of three buildings; the Steel Lake Annex, old fire station and KLCC. The projected costs over the next two years indicates that our current communications system supporting the three buildings would increase from the current cost of $18,000 to $25,000 annually. Consolidation of the Recreation Division into the KLCC facility supports many cost reductions included in the adopted 1997/1998 budget for recreation. Last April, Council approved a project budget of$150,000 for the renovation ofKLCC. KLCC was designed originally to support three full-time staff and about two volunteers. The building was built with no planning for expansion of work spaces. The project underway currently addresses the needs of nine staff and up to ten volunteers/part-time staff. Regular volunteers that work at the center include one to two volunteers for planning of the Korean elders program, two volunteers for the Meals on Wheels program, the Community Pathways Coordinator from Highline Community College, interns and other volunteers that help with our recreation programs. The existing communication system at KLCC cannot accommodate the new demand of the facility to support the entire Recreation Division. The necessity to upgrade the communication system to accommodate phone lines, veriphone, and fax: machines requires an upgrade to the communication system. This upgrade was planned for and included in our budgeted costs. Background: The recreation operation is currently using approximately 30 phone lines for phones, fax: machines, modems, TDD and credit card readers at Steel Lake Annex, fire station and KLCC for an approximate cost of $20,000 per year. The consolidated operations will reduce the total number of phone lines needed for recreation to approximately 21 (20 at KLCC, 1 at Annex), with no changes to services used by Maintenance Operations at the fire station. Staff recommends the purchase and installation of the Extended Processor Node (Option 3 below) from AT & T for approximately $33,000. The purchase is within the recreation budget for KLCC. Total annual savings to the Recreation Division budget for communications will be approximately $18,000. e e 1. Direct Business Lines: Uses direct lines from US West for each stafT or device. Low startup cost $2,000 Very high ongoing costs $18,000 per year Low on capabilities Separate from the City phone network, cannot use any of the features available on City phone system . 2. OfT-Premise eXchange Lines (OPX): Uses the City phone system and US West services. Medium startup cost $8,000 High ongoing costs $12,000 Medium capabilities Connected to the City phone network, loses some functionality because of the OPX lines 3. Extended Processing Node (EPN): Uses the existing fiber optic cable between City Hall and KLCC. No services needed by US West. High startup cost $33,000 Very low ongoing costs $1,000 High capabilities Same functionalities as the City Hall and Police phone system. Committee Recommendation: Motion to forward to full Council the approval to purchase and install the Extended Processor Node (Option 3) from AT & T for approximately $33,000. . ....... .... ......... ....... ...... ..-..........................-..--.....---......-......................-. ....'. '. .... "." ....................... ............... ."... ".' .......... ," .......~................... ..... .........".".... ,', '....."."..... ','.'. -.'. '.". ",'. -.- .',.."."....... ".". ...."...". ..... ,'.. ..... '...".. .'..."... ".".", '.' Ellgl..IIQ~_.~..gl~lm;m .................... .......................... .......................... .......................... ......................... ... ............... ......... ............... ........ .............. .... ....... . . . . . . . :.:.;.;.;.:.;.:.:.:.:.:.:.;.;.;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;.;.;.;.;.:.;.:-;.: .. ........ ...... .. ..... :::::;;:;:::;::;::::::::::::::::::::::::::::::::::::::::::::::::::::::::;:;:::::::::::: ::;;;::::::::::::::::;::::;::::::::;:;::;::: ;.:.;.:.:.:.:.::::::::::;;::;:::;:;;:;;:;;;:;.:.;...;.:.:.:.:.;.; :::;:.. ... ~rj~f{rtrrrrrftrr/rrrmf~~;~;;::;;::;:;;;;:.:.;.;.;.;.:.;...:.:.;...;.:.:.::' :.;.;.:.~:;:~;~;~;;;~;;;~;~;~;~;~;~;~;;:;:;;:;;:;;;;:.;.;:::.:::::::.... ........ ........ '\:~:frrrfrf1M}\tt~r~tttf:?rrrr~ . ...................... .... .'. .... ......... .. ....... .:: ::: .e~.ttl.:.mt.::.::::::...:.:"....,.G~.tt~~M~mbl,:,:::::'::.:.:,:::::,:.:::::::::::,:::::::.!::::::,:':.:;::'j'.j:.:::":::!O&.<<lmiUtj!." ...................... ..................... ...................... ..................... ...................... ........ . . ... ...... .... ..... ........... G:\CLERK\CMTE.REC 3/11196 . KBETIBG DATB: May 20, 1997 IlfBll# e :riL-~) e .....-..------ CITY OF FEDIi'.IlAL WAY City C..n""D AGENDA ITEM SUBJECT: So 356th Regional Stoma Water CMtrol Facility - Bid Awn ....-....------------------ --..... CATEGORY: BUDGET IMPACT: CONSENT _ORDINANCE _X_BUSINFSS _HEARING FYI _RFSOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budaeted: $ Expenditure Ami: $ Contingency Reqd: $ ....-.....--.--....------.-.----....--..--.-----.......................---..----.---- ATTACHMENTS: May 13, 1997 memorandum to the Land UselTransportation Committee April 24, 1997 bid tabulations ___...._._____.____... TT ___..... I I............ I SUMMARYIBACKGROUND: On April 24. 1997. the City received fourteen (14) bids from various . contractors. The low bid. from Porter Brothers Construction. Inc.. was in the amount of $1.738.701.47. This bid amount is 7 % lower than the average bid of the next three bidders combined. as well as $4.172.00 less than the Engineers' Estimate. Attached for information are the complete bid tabulations. Based on reference checks completed by Surface Water Management staff and KCM, Inc., the City's design contractor on the project. there is no known reason why this low bidder should not be able to successfully complete this project to the City's satisfaction. .., ...... ..............._..___..........T .... ...... ..._..................... I I .__.....__...____.._ CITY COUNCIL COMMITTEE RECOMMENDATION: Surface Water Management staff will be presenting bid results to the Land UsefI'ransportation Committee at its May 19, 1997 meeting. recommending the following action: 1) Awarding the project to the lowest responsive. responsible bidder. Porter Brothers Construction. Inc. in the amount of $1.738,701.47. plus a 10% construction contingency in the amount of $173.870.15; for a total approved construction budget amount of $1.912.571.00; 2) Place this matter to the May 20. 1997 City Council business agenda for consideration. ..............-------.---..... ....---.-..-.---..-.-.....--......-.---:-u-- '" , . " .. .. .... CITY MANAGER RECOMMENDATION: ~ .-tv! ~~ t POl~ B~ (:~ ~ aMWu-WI t'6~r,-'3gpl.Jfl ~~~~~l'l1i:Jtlt,83iJ ~.~~~. _....__._.______ ... ........ I ....___._._..._..........1.. _L...... I II ..........- ...:. . ... APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) . e e COUNCIL ACTION: . _APPROVED _DENIED _TABLEDIDEFERREDINO ACTION COUNCIL BILL # 1st Readin& 14'~Actment Reading ORDINANCE # RFSOLUTION # K: \cauacil\IccIbiDI\l356nf.lIW'c1 . . e e . DATE: May 13, 1997 TO: Phil Watkins, Chair Land UselTransportation Committee FROM: Jeff Pratt, Surface Water Manage~~ SUBJECT: So 356th Regional Stonn Water Control Facility Bid Awanl Back,ground: On April 24, 1997, the City received fourteen bids from various contractors for the above referenced project. The low-bid contractor for this project is Porter Brothers Construction, Inc., with a total bid amount of $1,738,701.47. This bid amount is 7% lower than the average bid . of the next three lowest bidders combined and $4,172.00 less than the engineer's estimated construction cost for this project (see attached bid tabulations). Based on the reference checks completed by the City's Surface Water Management division and KCM, Inc., the City's design contractor on this project, there is no known reason why this low bidder should not be able to successfully complete this project. The project budget status is as follows: Council Authorized Budget $3,291,923.00* Estimated Project Costs Estimated Project Shortfall $3,576,753.00 $ 284,830.00 * This amount includes $717,000.00 contributed toward the project by WDOT as part of a joint venture to provide storm water quality and quantity control for their SR161 improvements. Estimated project cost includes the following: Design $ 204,727.00 Acquisition $1,189,455.00 . . . . ~ a e e Construction: Underground Utility Conversion Construction Management Construction $ 120,000.00 $ 150,000.00 $1,912,571.00* * Includes 10% continaency Total Costs $3,576,753.00 The estimated project shortfall is a result of a settlement agreement reached between the City and Everspring, Inc., during the property acquisition phase of the project. The estimated costs of the Everspring parcel's acquisition was exceeded by the actual settlement price by $335,487.00. Note that in order to proceed with construction of this project a Council approved budget adjustment in the amount of $284,830.00 will be necessary. Recommendations: Staff recommends that the project budget be amended by a budget increase in the amount of $284,830.00. Staff recommends the award of this project to the lowest responsive, responsible bidder, Porter Brothers Construction, Inc., in the amount of $1,738,701.47, and that a 10% construction contingency totaling $173,870.15 be established for the project. Staff recommends that this matter be placed on the May 6, 1997 City Council meeting business agenda for their consideration. Attachment: Bid Tabulations K:\LUTC\S3S6RSFB. WPD . e e Bid Tabulation "RFB 97-100" BID OPENING APRIL 24, 1997 South 356th Street Regional Storage Facility and Stream Rehabilitation Project 'l:1Ia 1 1~laL ~laJ ~la4 Vendor Name -> PORTER BROTHER CONC NORTHWEST CONST., INC STAN PAlMER CONST,INC. R W SCOTT CONST, INC Location _> DesMoines Seattle Silverdale Renton Item Amount Price Total Price Total Price Total 1 Temporary Water PollutionlErosion 1 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 2 Silt Fence 645 5.28 3.403.02 5.00 3,225.00 2.00 1,290.00 6.00 3,870.00 3 Mobilization 1 49,585.00 49,585.00 150,000.00 150,000.00 144,000.00 144,000.00 140,000.00 140,000.00 4 Clearing and Grubbing 4.5 527.51 2,373.77 2,000.00 9,000.00 6,622.00 29,799.00 3,125.00 . 14,062.50 5 Removal of Structure and Obstructio 1 5,275.00 5,275.00 25,000.00 25,000.00 13,800.00 13,800.00 29,000.00 29,000.00 6 Unsuitable Foundation Excalnc. Haul 900 6.86 6,174.00 10.00 9,000.00 24.00 21.600.00 15.00 13,500.00 , 7 Gravel Borrow Incl. Haul 1665 10.02 16,679.97 10.00 16,650.00 8.15 13,569.75 11.00 18,315.00 8 Unclassified Excavation 1 353,214.00 353,214.00 350,000.00 350,000.00 297,789.00 297,789.00 434,124.00 434,124.00 9 Bottom Treatment Type A 10020 11.46 114,869.28 2.50 25,050.00 6.50 65,130.00 11.00 110,220.00 10 Slope Treatment Type A 2090 6.49 13,568.28 15.00 31,350.00 45.00 94,050.00 15.00 31,350.00 11 Shoring or Extra Excavation CI. B 55390 0:53 29,079.75 0.15 8.308.50 1.00 55,390.00 0.65 36,003.50 12 Dike Ditch 282 5.28 1,487.83 10.00 2,820.00 6.50 1,833.00 12.00 3.384.00 13 Shoulder Ditch 260 10.55 2,743.52 10.00 2,600.00 12.00 3,120.00 13.00 3,380.00 14 Site Remediation 1 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 15 Tertlporary Pavement Patching 190 15.82 3,005.80 20.00 3,800.00 10.75 2,042.50 13.00 2,470.00 16 Asphalt Concrete Patching 190 23.74 4,510.22 20.00 3,800.00 15.00 2,850.00 33.00 6,270.00 17 Gabion Cribbing 1900 100.22 190,419.90 110.00 209,000.00 95.00 180,500.00 115.00 218,500.00 18 Trench Foundation Stabilization 220 12.66 2,785.42 20.00 4,400.00 19.00 4,180.00 15.00 3,300.00 19 CI, N Reinf. Cone. Pipe 12 In. Diam. 72 24.88 1,791.36 46.50 3,348.00 28.00 2,016.00 31.00 2,232.00 20 CI. N Reinf. Cone. Pipe 24 In, Diam. 137 44.76 6,132.12 67.00 9,179.00 33.00 4,521.00 33.00 4,521.00 21 CI. N Reinf. Cone. Pipe 42 In. Diam. 1060 122.55 129,904.06 152.00 161,120.00 145.00 153.700.00 122.00 129,320.00 22 Cl. V Reinf. Cone. Pipe 42 In. Diam. 408 169.89 69,315.12 196.00 79,968.00 220.00 89,760.00 145.00 59,160.00 23 CI. IV Reinf. Cone. Pipe 48 In. Diam. 604 137.03 82,763.70 160.00 96,640.00 139.00 83,956.00 126.00 76,104.00 24 CI. IV Reinf. Cone. Pipe 60 In. Diam. 13 208.61 2,711.93 218.00 2,834.00 450.00 5,850.00 255.00 3,315.00 25 Connect to Existing Manhole 2 3,376.00 6,752.01 750.00 1,500.00 3,200.00 6,400.00 500.00 1,000.00 26 Manhole Under 12 Ft. 72 In. Diam 2' 6,711.91 13,423.81 4,000.00 8.000.00 5,875.00 11,750.00 4,000.00 8,000.00 27 Manhole Under 12 Ft. 96 In. Diam 2 10,171.25 20,342.50 5,000.00 10,000.00 9,465.00 18,930.00 11,000.00 22,000.00 28 Manhole Under 12 to 20 Ft. 72 In. Di 3 8,756.50 26,269.50 2,500.00 7,500.00 10,500.00 31,500.00 5,668.00 17,004.00 29 Manhole Under 12 to 20 Ft. 96 In. Di 4 13,841.60 55,366.41 7,100.00 28,400.00 12,200.00 48,800.00 9,400.00 37,600. 30 OuUet Structure 1 36,503.00 36,503.00 30,000.00 30,000.00 15,000.00 15,000.00 12,750.00 12,750, 31 Topsoil Type B 1970 4.75 9,359.47 4.00 7,880.00 6.25 12,312.50 12.00 23,640.00 32 Seeding and Establish. Type 1 0.8 1,086.64 869.31 1,Q30.oo 824.00 1,475.00 1,180.00 1;092.00 873.60 33 Seeding and Establish. Type 2 1.7 22,408.20 38,093.95 18,740.00 31,858.00 19;000.00 32,300.00 19,864.00 33,768.80 34 Straw Blanket Mulch 5000 1.11 5,525.00 1.05 5.250.00 1.10 5,500.00 1.15 5,750.00 35 Soil Amendment 708 4.95 3,507.43 4.70 3,327.60 5.00 3,540.00 5.17 3,660.36 36 Soil Guard 570 5.01 2,855.13 2.00 1,140.00 2.00 1,140.00 2.15 1.225.50 37 Landscaping-Detention Pond Area 1 50,022.82 50,022.82 47,415.00 47,415.00 48,000.00 48,000.00 49,800.00 49,800.00 38 Landscaping-Stream Rehabilitation 1 18,705.15 18,705.15 17,730.00 17,730.00 17,000.00 17,000.00 18,700.00 18,700.00 39 Chain link Fence Type 3 1184 7.65 9,059.97 8.75 10,360.00 8.00 9,472.00 9.50 11,248.00 40 Double 20 Ft Chain Link Gate 1 804.96 804.96 800.00 800.00 750.00 750.00 715.00 715.00 41 Streambank Protec.-Left Bank 60 68.57 4,114.38 26.00 1,560.00 92.00 5,520.00 60.00 3,600.00 42 Streambank Prot.-Left & Right Bank 75 94.95 7,121.55 37.00 2,775.00 87.00 6,525.00 100.00 7,500.00 43 Channel Weirs 4 791.25 3,165.01 1,000.00 4,000.00 1,890.00 7,560.00 1,500.00 6,000.00 44 Emergency Overflow Spillway 1 21,311.00 21,311.00 7,500.00 7,500.00 12,500.00 12,500.00 15,000.00 15,000.00 45 OuUet Protection 62 56.97 3,532.20 120.00 7,440.00 60.00 3,720,00 113,00 7,006.00 46 Gravel Filter Window 2 3,165.00 6,330.00 2,250.00 4,500.00 3,625.00 7.250.00 . 4,200.00 8,400.00 47 Sedimentation Forebay 440 14.77 6,498.80 10.50 4,620.00 18.00 7,920.00 20.00 8,800,00 48 Access Road 2660 21.79 57,950.76 21.00 55,860.00 22.00 58,520.00 26.00 69,160.00 49 Channel Protection 42 12.66 531.76 15.00 630.00 5.85 245.70 18.00 756.00 50 OilJWater Separator & Div. Manhole 1 60,778.55 60,778.55 62,000.00 62,000.00 53,000.00 53,000.00 56,700.00 56,700.00 51 Asphalt Overlay 823 9.02 7,426.75 12.00 9,876.00 10.00 8,230.00 13.00 10,699.00 SUBTOTAL l,oUl,U14.L:> 1,olL,l:SJ!l.1U 1,''>0,'>1.45 ,010,1;:>1'''0 Sales Tax @ 8.6% 137,687.23 138,704.08 149,494.78 I 156,241.12 'rOTAL l,';Jl:S,'U1.4' 1,{:>1,:>42.1 !l ,!l6I,!l06.23 ,1I'L,1I11t..>o IBla ~Iana ure signed signed s,gnea Slaned IBid Bond yes yes yes yes IAddendums ves yes yes yes - - . e e ~ IBid 6 'Bid 7 Bid 8 ltild 9 LL:: ENTERPRISES,INC PIVETTA BROTHER CONST FRANK COLUCCIO CONST.C MID_MOUNTAINS, INC GLACIER CONST. & EQUI Federal Way Sumner Seattle Belleyue Seattle Price Total Price Total Price Total Price Total Price Total 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 8,000.00 4.50 2,902.50 3.20 2,064.00 4.00 2,580.00 5.00 3,225.00 5.00 3,225.00 100,000.00 100,000.00 134,378.00 134,378.00 188,000.00 188,000.00 190,000.00 190,000.00 180,000.00 180,000.00 . 3,175.00 14,287.50 2,798.00 12,591 .00 2,000.00 9,000.00 3,500.00 15,750.00 5,000.00 22,500.00 28,200.00 28,200.00 13,250.00 13,250.00 10,000.00 10,000.00 50,000.00 50,000.00 25,000.00 25,000.00 9.05 8,145.00 14.70 13,230.00 21.00 18,900.00 7.00 6,300.00 15.00 13,500.00 8.50 14,152.50 7.n 12,937.05 11.00 18,315.00 8.00 13,320.00 18.00 29,970.00 511,000.00 511,000.00 366,236.00 366,236.00 520,000.00 520,000.00 400,000.00 400,000.00 375,000.00 375,000.00 4.05 40,581.00 13.40 134,268.00 8.00 80,160.00 9.00 90,180.00 10.00 100,200.00 4.10 8,569.00 7.90 16,511.00 8.00 16,720.00 8.00 16,720.00 2.00 4,180.00 0.55 30,464.50 0.22 12,185.80 0.20 11,078.00 0.05 2,769.50 0.25 13,847.50 12.30 3,468.60 16.72 4,715.04 9.00 2,538.00 10.00 2,820.00 15.00 4,230.00 20.25 5,265.00 15.50 4,030.00 15.00 3,900.00 18.00 4,680.00 12.00 3,120.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 15.00 2,850.00 11.00 2,090.00 7.00 1,330.00 8.00 1,520.00 20.00 3,800.00 ! 22.30 4,237.00 44.85 8,521.50 35.00 6,650.00 22.00 4,180.00 25.00 4,750.00 105.00 199,500.00 115.38 219,222.00 85.00 161,500.00 134.00 254,600.00 110.00 209,000.00 8.20 1,804.00 25.25 5,555.00 13.00 2,860.00 12.00 2,640.00 35.00 7,700.00 32.75 2,358.00 42.55 3,063.60 54.00 3,888.00 40.00 2,880.00 35.00 2,520.00 50.50 6,918.50 45.00 6,165.00 73.00 10,001.00 50.00 6,850.00 55.00 7,535.00 147.50 156,350.00 105.80 112,148.00 141.00 149,460.00 180.00 190,800.00 200.00 212,000.00 233.50 95,268.00 113.70 46,389.60 211.00 86,088.00 250.00 102,000.00 320.00 130,560.00 160.00 96,640.00 128.60 n,674.40 150.00 90,600.00 180.00 108,720.00 160.00 96,640.00 164,00 2,132.00 349.00 4,537.00 253.00 3,289.00 300.00 . 3,900.00 300.00 3,900.00 1,130.00 2,260.00 3,418.00 6,836.00 2,700.00 5,400.00 350.00 700.00 1,000.00 2,000.00 . 12,400.00 3,966.00 7,932.00 5,300.00 10,600.00 5,000.00 10,000.00 4,500.00 9,000.00 16,900.00 6,732.00 13,464.00 7,400.00 14,800.00 8,000.00 16,000.00 6,000.00 12,000.00 . 21,315.00 4,555.00 13,665.00 6,300.00 18,900.00 5,500.00 16,500.00 6,000.00 18,000.00 10,150.00 40,600.00 8,561.00 34,244.00 9,000.00 36,000.00 9,000.00 36,000.00 7,500.00 30,000.00 33,850.00 33,850.00 26,440.00 26,440.00 29,500.00 29,500.00 23,000.00 23,000.00 25,000.00 25,000.00 6.80 13,396.00 17.00 33,490.00 4.00 7,880.00 7.00 13,790.00 22.00 43,340.00 1,700.00 1,360.00 3,982.50 3,186.00 1,200.00 960.00 2,000.00 1,600.00 1,100.00 880.00 12,800.00 21,760.00 27,830.00 47,311.00 20,000.00 34,000.00 26,000.00 44,200.00 20,000.00 34,000.00 2.00 10,000.00 3.80 19,000.00 1.10 5,500.00 1.50 7,500.00 1.50 7,500.00 3.40 2,407.20 5.88 4,163.04 5.00 3,540.00 22.00 15,576.00 5.00 3,540.00 2.25 1,282.50 6.00 3,420.00 2.50 1,425.00 1.00 570.00 2.00 1,140.00 87,650.00 87,650.00 100,763.00 100,763.00 50,000.00 50,000.00 47,000.00 47,000.00 50,000.00 50,000.00 23,600.00 23,600.00 28,727.00 28,727.00 19,000.00 19,000.00 16,000.00 16,000.00 20,000.00 20,000.00 14.00 16,576.00 10.60 12,550.40 10.00 11,840.00 10.00 11,840.00 9.00 10,656.00 1,350.00 1,350.00 754.00 754.00 800.00 800.00 700.00 700.00 800.09 800.00 43.00 2,580.00 90.95 5,457.00 21.00 1,260.00 40.00 2,400.00 25.00 1,500.00 87.50 6,562.50 138.20 10,365.00 45.00 3,375.00 40.00 3.000.00 50.00 3,750.00 150.00 600.00 2,500.00 10,000.00 500.00 2,000.00 1,200.00 4,800.00 1,000.00 4,000.00 27.000,00 27,000.00 13,047.00 13,047.00 12,000.00 12,000.00 9,000.00 9,000.00 10,000.00 10,000.00 114.00 7,068.00 47.98 2,974.76 117.00 7,254.00 50.00 3,100.00 75.00 4,650.00 3,400.00 6,800.00 5,407.00 10,814.00 3,500.00 7,000.00 4,000.00 8,000.00 3,000.00 6,000.00 12.00 5,280.00 86.35 . 37,994.00 20.00 8,800.00 14.00 6,160.00 20.00 8,800.00 19.00 50,540.00 34.75 92,435.00 20.00 53,200.00 21.00 55,860.00 25.00 66,500.00 11.00 462.00 28.75 1,207.50 15.00 630.00 17.00 714.00 18.00 756.00 75,000.00 75,000.00 n,457.oo n,457.00 97,000.00 97,000.00 75,000.00 75,000.00 85,000.00 85,000.00 14.55 11,974.65 18.27 15,036.21 20.00 16,460.00 13.00 10,699.00 10.00 8,230.00 '.9:' '1Q7T .90 RRQ QR1.oo 1 1 160.705.36 ~61.464:56 162 452.37 167404.46 167 976.88 .J1 2.051.433.37 2,ll~~b/.~b 17171 196.38 " " I =- sianea sloned sjoned - sionecf - - yes .. yes ; 'Jl~~ yes c yes - " - yes yes yes . ", yes " . . ,"- e e ~Id lU IBid 11 Bid 12 It:lld 13 IBid 14 IENGINEER'S ESTIMATE frUCCI & SONS. INC. PARY MERLINO CONST CO. W~twaler Construction Co OLSON BROTHER EXCA YOICO. INC acoma Seattle ubum Puvalluo Maole Vallev Price Tolal Price Tolal Price trotal Price Irolal Price Irotal Price Total 8.000.00 8,00000 8.000.00 8.00000 8.000.00 8.000.00 8.000.00 8.000.00 8.000.00 8.000.00 8.000.00 8,000.00 6.00 3,870.00 3.00 1.935.00 700 4.51500 5.00 3.225.00 7.00 4.515.00 2.00 1.290.00 147.000.00 147.000.00 50.000.00 50.000.00 178.000.00 178.000.00 100.000.00 100.000.00 200,000.00 200.000.00 104.119.00 104.119.00 3500.00 15,750.00 4.500.00 20.250.00 7.00000 31.500 00 8.00000 36.000.00 10.000.00 45,000.00 3.00000 13,500.00 23.000.00 23.000.00 100.000.00 100.000.00 10.00000 10.000 00 50.00000 50.00000 100.000.00 100.00000 10.000.00 10.000.00 23.50 21.150.00 8.00 7.200.00 10.00 9.000 00 20.00 18.000.00 30.00 27.00000 8.00 7,200.00 660 10.98900 7.00 11,65500 10.00 16.65000 18.00 29,970.00 15.00 24.975.00 10.00 16.650.00 514.000.00 514000.00 582.500.00 582.5(X) O' 736.000.00 736.000.00 55.00000 55.00000 539.00li.00 539.000.00 313.00000 313.000.00 6.70 67.134.00 3.00 3O.060G,' 8.00 80.160.00 18.00 180.360.00 4.00 40.080.00 9.00 90,180.00 6.40 13,376.00 3.00 6.27:100 12.00 25.08000 25.00 52.250.00 5.00 10,450.00 38.00 79.420.00 0.25 13.847.50 0.10 5.5:19.00 0.25 13.847.50 0.50 27.695.00 0.50 27.695.00 0.15 8.308.50 13.30 3.750.60 7.50 2.115.00 10.00 2.820.00 100.00 28.200.00 20.00 5.640.00 10.00 2.820.00 26.00 6.760.00 14.00 3,640.00 14.00 3.640.00 75.00 19.500.00 20.00 5,200.00 17.00 4.420.00 25.000.00 25.000.00 25.000.00 25.000.00 25.000.00 25.00000 25.000.00 25.000.00 25.000.00 25.000.00 25.000.00 25,000.00 21.30 4.047.00 25.00 4.750.00 500 950.00 100.00 19,000.00 5.00 950.00 5.00 950.00 57.50 10.925.00 30.00 5.700.00 20.00 3.80000 120.00 22.800.00 15.00 2.850.00 14.00 2.660.00 120.00 228.00000 90.00 171.00000 7500 142.500.00 100.00 190.000.00 105.00 199.50000 12500 237.500.00 24.00 5,280.00 25.00 5.500.00 10.00 2.20000 20.00 4.400.00 50.00 11,00000 8.00 1,760.00 33.50 2,412.00 55.00 3.960.00 65.00 4.680.00 30.00 2.160.00 60.00 4.320.00 30.00 2.160.00 127.00 17,399.00 85.00 11,645.00 100.00 13,70000 48.00 6.576.00 70.00 9,590.00 51.00 6.987.00 162.00 171.720.00 200.00 212.000.00 135.00 143.10000 92.00 97.520.00 140.00 148.400.00 100.00 106,000.00 217.00 88,536.00 325.00 132.600.00 140.00 57.120.00 106.00 43,248.00 150.00 61.200.00 110.00 44.880.00 183.00 110.532.00 210.00 126,840.00 160.00 96,64000 110.00 66.440.00 160.00 96,640.00 10800 65,232.00 190.00 2.470.00 350.00 4,550.00 170.00 2.210.00 156.00 2.028.00 1.000.00 13,00000 165.00 2.145.00 2.800.00 5,600.00 500.00 1.000.00 2,000.00 4,00000 2.000.00 4.000.00 3.000.00 6,000.00 250.00 500.00 3.030.00 6.060.00 5,500.00 11,000.00 5.000.00 10.00000 6.00000 12.000.00 20,00000 40.000.00 4.000.00 8.000.00 5.830.00 11.66000 10.000.00 20.000.00 7.000.00 14.00000 7.500.00 15,00000 25.000.00 50.000.00 7,00000 14.000.00 3.950.00 11,850.00 7,000.00 21.000.00 6,800.00 20,400.00 8.500.00 25,500.00 25,000.00 75.000.00 7,000.00 21.000.00 10.000.00 40.000.00 12.500.00 50.000.00 8.000.00 32.00000 10.000.00 40.000.00 30.000.00 120.000.00 11.000.00 44,000.00 48.350.00 48,350.00 25.000.00 25,000.00 35,000.00 35.000.00 .25.000.00 25.000.00 70.000.00 70.000.00 20,000.00 20.000.00 6.25 12.312.50 12.00 23.640.00 18.00 35.460.00 20.00 39,400.00 23.00 45,310.00 9.00 17.730.00 1.750.00 1.400.00 1.800.00 1.440.00 1.600.00 1.280.00 2.000.00 1.600.00 1.000.00 800.00 1.200.00 960.00 24.100.00 40.970.00 25.000.00 42.500.00 1,400.00 2.380.00 1.500.00 2,550.00 16,000.00 27.200.00 1.700.00 2.890.00 1.40 7.000.00 1.50 7,500.00 1.50 7,50000 5.00 25.000.00 2.00 10.000.00 1.00 5,000.00 18.50 13.098.00 19.00 13.452.00 4.00 2.832.00 10.00 7.080.00 5.00 3.540.00 4.50 3.186.00 0.75 427.50 1.00 570.00 2.00 1.140.00 5.00 2.850.00 5.00 2.850.00 4.00 2.280.00 43.620.00 43.620.00 45.000.00 45,000.00 68,000.00 68,000.00 50.000.00 50.000.00 80.000.00 80.000.00 43,900.00 43.900.00 14,630.00 14,630.00 15.000.00 15.000.00 25,000.00 25.000.00 30.000.00 30,000.00 25.000.00 25,000.00 15,500.00 15.500.00 11.00 13.024.00 9.00 10.656.00 10.00 11,840.00 20.00 23,680.00 23.00 27.232.00 12.00 14,208.00 750.00 750.00 700.00 700.00 700.00 700.00 1,800.00 1.800.00 1.000.00 1.000.00 1,000.00 1.000.00 25.50 1.530,00 40.00 2.4oo.lY.l 45.00 2.700.00 500.00 30,000.00 35.00 2.100.00 37.00 2,220.00 36.25 2,718.75 60.00 4.500G1 65.00 4.875.00 500.00 37,500.00 70.00 5.250.00 78.00 5.850.00 950.00 3,800.00 1,000.00 4,000.(,: 1,000.00 4,00000 1.000.00 4.000.00 2.000.00 8,000.00 2,200.00 8.800.00 11.400.00 11.400.00 15.000.00 15.000.00 14,000.00 14.000.00 28.000.00 28.000.00 10,000.00 10.000.00 10.000.00 10,000.00 65.00 4,030.00 80.00 4.S60.00 30.00 1,860.00 200.00 12,400.00 50.00 3,100.00 60.00 3.720.00 4.300.00 8,600.00 4,000.00 8.00000 1.500.00 3,000.00 12.000.00 24.000.00 2.000.00 4,000.00 2.000.00 4.000.00 30.00 13.200.00 15.00 6,600.00 14.00 6,160.00 60.00 26.400.00 10.00 4,400.00 22.00 9,680.00 41.25 109.725.00 30.00 79.800.00 25.00 66.500.00 150.00 399,000.00 15.00 39.90000 30.00 79.800.00 25.00 1.050.00 15.00 630.00 '16.00 672. 00 300.00 12.600.00 20.00 840.00 18.00 756.00 82400.00 82.400.00 85,000.00 85,000.00 65,000.00 65,000.00 75.000.00 75,000.00 65.000.00 65,000.00 99.350.00 99.350.00 6.70 5.514.10 15.00 12,345.00 10.00 8.230.00 60.00 49.380.00 9.06 7.407.00 15.00 12,345.00 L .lr.) 05Q 641.50 . 174551.44 17581857 177,129.17 179,835.63 201.57832 138 017.66 !to Q47.6~ s.cneo SI nee SIO<''''' I sio-ned I sloneO yes Yes I yes I yes I Yes yeS yes I ves I yes I yes . . . - a e e MEETING DATE: May 20, 1997 ITEM# YI ~ ~) .................................................................................................................................-......................................-.....................--.................-.......................... CITY OF FEDERAL WAY City Council AGENDA ITEM ...~~~!.LM!!!:~.!!!.!!!!!..~.P.~!!~..~!~!.~..!!~!.~!!.!!~!!..~!:~j.~~!............_........................._._................. CATEGORY: BUDGETIMPACf: _ _CONSENT ORDINANCE >< BUSINESS HEARING FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: S Expenditure Amt: S Contingency Reqd: S ...~:!~!AQ!M!~.~.;.....~~.~~.~~~~..~~~..~~..~~!~.~.M!Y..!~.~.!2.~?.......................................................... SUMMARYIBACKGROUND: On August 1, 1995, City Council approved the 1995 CDBG reallocation ofHany S. Truman High School ballfield project to the Mark Twain sports field renovation project This approved $144,348 from CDBG and $49,000 . from the Youth Sports Grant for Mark Twain. InDecember 1996, the project's CDBG contract was updated to a 1997 contract to reflect the work to be completed in 1997. The project involves renovation and construction of the existing multi-use sports field at Mark Twain ElementaIy School.. Marty Lyon and Associates, Landscape Architects, have completed the renovation plans and ...~~~~:...~~~~.~p.!"P.y.~.~!..!!!~.p.!"Pj.~!.~.~.~.~!!l:.~.p.~~!i:~.~~~~~&~.!~~~............................. CITY COUNCIL COMMI'ITEE RECOMMENDATION: The Parks and Recreation Council Committee will ...~~.~J~.~~~.M~J.?.~B.~.~.f<?~~~.~.~!!.'.!!.'~~.~.~~~~.~.~..9?~M.~~.M!!Y..7.Q:.................................... CITY MANAGER RECOMMENDATION: ~ fvnstd ~ ~ ~ M-t ~ ~..... CoUl, .......................................................................................................................................................................................................:(;C;~.p..~....... @0 APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACfION: _APPROVED _DENIED _TABLEDIDEFERRED/NO ACI10N COUNCIL BILL ## 1st Reading Enactment Reading ORDINANCE ## RESOLUTION ## . . . . A ~ e e CITY OF FEDERAL WAY Item 3B CITY COUNCIL PARKS AND RECREATION COMMITTEE Date: . May 13, 1997 From: Son Sainga, Planning and Development Manager Parks, Recreation and Cultural Services Subject: Mark Twain Sports Field Renovation Project (CDBG and Sports Youth Grant Funding) Bacqround On August 1, 1995, the Federal Way City Council approved the 1995 CDBG reallocation of Harry S. Truman High School ballfield project to the Mark Twain Sports Field Renovation project. This approved $144,348 from CDBG and $49,000 from the Sports Youth Grant for the Mark Twain Sports field Renovation project. In December 1996, the CDBG project contract was updated to a 1997 CDBG contract to reflect the work to be completed in 1997. The project involves renovation and construction of the existing multi-use sports field at Mark Twain Elementary School. The existing field is poorly drained, unsafe and difficult to access. The scope of the work includes installing a new underground drainage system, retaining wall, irrigation system, new topsoil and turf: backstops and soccer goals. The project will also improve the accessibility to the field. The landscape architecture firm of Marty Lyon and Associates has completed the sports field renovation plans and documents for the project. Staff Recommendation: The Parks, Recreation and Cultural Services staff. recommends approval of the project and recommends to proceed with the public bidding process for construction. Committee Recommendation: To authorize PRCS staff to proceed with the public bidding process for the Mark Twain sports field renovation project and forward to full Council for approval. DPRQvB.OFCO_E..PORT~:..:..::.::.:: . . .. .... . ............... ... .................... ................... .................... ................... .................... .................. .............. ......... ... ....................... .......................... .................. .................... :.:.:.:.:.;.;.;.;.;.;.;.;.:.:.;.;.:. .:::::.:.::::::j;i~})f})}r~;~;;;.:::::::.:.:.:.:.:.:.::::::::::::::;:::::::::::.'. '.': .. .... ............ :.:.:.:::~:~:~:~:~:~:~:~~.~.~.~.~.~.:.:.:.:.:.: .:.;.:.:.:::.;.:.:;:::::;::::::::::::'.::" . ..... :.:-:.;.:-:.:.:.:.:.:.:.:.:.:.:.:....... ............................................................................ ... ...................................... rfrrfr)rrrrrrrrtr~~?~;':":::........... . ................................... :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:. ................................................................... .. . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................................................................................................. ................................................. ..............-................................................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................................. ... .... ... ................................. .. .................... .................... ................... .. .............. ................. .. ...... ...... ................... .................... . ..... ....................... . ............................ ............................ ............................ ................... ...................................... ...................................... :::::;::;:::::::::;:;::;::::::;:;;;:;:::::;:;:;;;:::;::::::::::::::::::::::: ........... .......................... :::::;::::;::::::;::::;::;:::::::::::;;::::;:;:;:;:;::;;:;::::::;::::::;:;:;;::::;;;;:;;::;:::;:;:::;:::;::::: ....................................................... ....................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... ..... .... ...... ........ . ... ..... .............. ................................... ............... .............. c~m.mjlftCiiir.::.....(j~m.lilft11.11::::::: .... ::.:::::::::.:.:::::e.lil~mlll::::::::::::::::: - .. e e ...~~I!r.~:Q.~~.~:..~!~y...~~.~..!2~?................,....................................!~M~ -JtL- (:f ) . CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 1997 ASPHALT OVERLAY BID AWARD ................................................................................................................................................................................................................................................................ CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE X BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ..................................................................................................................................................................................................................~..~~~~~~~~~.~.................~..~... ...~IT~.~.~.~.~NT.~.;.......~.~Y....~.?I..J.??.?...JP.~~~E.~~.~~~..~~..~~.~.~..y..~~..~~..T.~~~p.~.~!!9.~.f~.~!~......................... SUMMARY/BACKGROUND: Four (4) bids were received and opened on May 13, 1997 at 10:10 a.m. for the 1997 Asphalt Overlay Project, (see attached memo for further detail). The apparent low bidder is Lakeside Industries, with a total bid of $1,597,987.89. . It is recommended that Lakeside Industries, the apparent low bidder, be awarded all the schedules in the contract (Schedules A - I), in the amount of $1,597,987.89, and approve a $159,798.79 contingency, and ..J~?J.QQ9...f.<?r...~~n~~.~!.~.~!g ~ ..~9..~~.~!:l.~~~E~~.i.~.~:..................................... ..................................................................................................................... CITY COUNCIL COMMITTEE RECOMMENDATION: This item will be presented at tbe May 19, 1997 Land Use and Transportation Committee meeting, recommending the above action. .................................... ............................................... ................................,.................................................................... .....................~............ .......'....;.........:...7........:: R-~~'7 ~~Gf~~~~~1~~:~7~t.,~ l~ ~ ~!1'!J,? ~~r ~% (S~J;:;~. .....................................................................................................................................................................~.~~~......~........~..........................~~..~.............. APPROVED FOR INCLUSION IN COUNCIL PACKET: ~o (BELOW TO BE COMPLETED BY CJ1Y CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # e\PMSI970VLY\970LAWO.CC (PSK) . . . - - e e - DATE: May 13, 1997 TO: Phil Watkins, Chair Land Use/Transportation Committee 'tr FROM: Ken Miller, Street Systems Manager SUBJECT: The 1997 Asphalt Overlay Project Bid Results BACKGROU1\TJ) Four (4) bids were received and opened on May 13, 1997 at 10:10 a.m. for the 1997 Asphalt Overlay Project, (see attached bid results for further detail). The apparent low bidder is Lakeside Industries, with a total bid of $1,597,987.89. The budget for the 1997 Asphalt Overlay Project is $1,954,000, which is comprised of the following: 1) 1997 Budget, $934,000; 2) 1996 Carryforward, $220,000; and 3) Utility Tax, $800,000. The estimated total project cost, including a 10% contingency, $51,000 for in-house design, $85,000 for construction administration, and $7,500 for printing and advertising, is $1,901,286.68, and is within the budget. RECOMMENDA TION: Forward the following recommendations to the May 20, 1997 Council meeting for approval. 1) Award all schedules (Schedules A - I) of the 1997 Asphalt Overlay Project to Lakeside Industries, the apparent low bidder, in the amount of $1,597,987.89, and approve a $159,798.79 contingency. 2) Authorize the City Manager to execute the contract. 3) Authorize $85,000 for construction administration. - - e e 1997 ASPHALT OVERLAY PROJECT BID RESULTS . The following four (4) bids were received and opened on May 13, 1997 at 10:10 a.m. for the 1997 Asphalt Overlay Project: Contractor Lakeside Industries M,A. Segale, Inc. Tucci and Sons, Inc. Woodworth and Co., Inc, Engineer's Estimate 1997 Asphalt Overlay Budget Total Bid Amount $1,597,798.97 $1,693,619.90 $1,711,075.10 $2,010,746.06 $2,069,946.24 $1,954,000.00 The apparent low bidder is Lakeside Industries. Their bid for each schedule is as follows: Schedule Bid Project A $60,098.15 South 317th Street B $185,416.95 28th A venue South C $172,537.41 9th A venue South D $142,564.39 5th A venue South E $299,645.30 Southwest 320th Street F $270,355,33 Emberwood G $296,503.24 Mirror Lake Village H $39,903.95 Nine Firs I $130,963.17 Country Palisades . The following is breakdown of the estimated total project construction costs. Contract Amount 10% Contingency Construction Administration Printing and Advertising In-house Design $1,597,987,89 159,798.79 85,000.00 7,500.00 51 000.00 Total $1 901.286.68 1:\PMS\970VL Y\970LA WD.MEM (PSK) 5/8/97 . e e MEETING DATE: May 20, 1997 ITEM# ~ Jl..t-V ) . ...... ..... .............. . ...... ....... ... .... ....... ....... ....... ....... . ...... ....... . ...... ....... .............. ............... .......... ....... ..... ..... ....... ..... ...... .......... ..... ..... ....... ........... ........... .... CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: HEARING EXAMINER CONTRACT RENEWAL .~......................................................................................................................................................................................................................................... CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE X BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ...............................................................................................................................-............................................................................................................. ATTACHMENTS: (1) Memo from City Clerk Chris Green dated May 12, 1997 ........................................................,.................................................................................................................................................................................... . SUMMARY/BACKGROUND: Staff requests a I-year extension of the agreement, with an option to extend for an additional year as detailed in the attached memo. ............................................................................................................................................................................................................................................. CITY COUNCIL COMMITTEE RECOMMENDATION: The Land Use/Transportation Committee will review the staff' request at its regular meeting on May 19, 1997. The Committee recommendation will be forwarded to full Council on May 20, 1997. ......... ... ................ ................. .................... ............... ............... ................ .... ................... ................. ....... ............. .................... ............ .............. ..-p,......... -~~:~~~ APPROVED FOR INCLUSION IN COUNCIL PACKET: ~ (B.ELOW TO BE COMPLETED BY C/1Y CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # . e e CITY OF FEDERAL WAY . MOBM(Q)IPUti\lDUM TO: City Council Land U se/Transportation Committee Chris Green, City Clerk ( \.;Jy May 12, 1997 -- U FROM: DATE: SUBJECT: Professional Services Agreement for Hearing Examiner The city's contract with McCarthy, Causseaux and Rourke expires May 15, 1997. The professional services agreement has now been in effect for one year following last year's Request for Proposal. City staff feels the existing hearing examiner has been fair and equitable to all parties coming before him, and recommends extension of the contract for an additional one-year term, with an option to extend for a third year. There will be no increase in the total compensation for the examiner or related costs. The only changes extend the term of the current ageement and add an additional deputy hearing examiner to the existing list of attorneys. . Attached is a copy of the proposed amendment, as well as a copy of last year's contract as informational. City staff respectfully requests the committee consider approving an extension of the hearing examiner's contract for McCarthy, Causseaux and Rourke for an additional one-year term, with an option to extend a third year. The committee's recommendation will then be forwarded to full Council on May 20. As I will be away from city hall the week of May 19, Director Iwen Wang will be present to .. answer your questions. Thank you. c: Ken Nyberg Philip Keightley Londi Lindell Iwen Wang Greg Moore Kathy McChing Bob Baker memocomm . e e . -.M~~!'~Q_~~!.~.:_J~~~x._~g.!_!2.?2_________________________I!~M:./!_..~_~2________________________, CITY OF FEDERAL WAY City Council AGENDA ITEM REGIONAL FINANCE AND GOVERNANCE OF HUMAN SERVICES . . SUBJECT: ...............................-----------........-....-.........---....-------....--------------------------..----..-----...---------------------------. CATEGORY: BUDGET IMPACT: None CONSENT ORDINANCE .x.. BUSINESS HEARING FYI _RESOLUTION _STAFF REPORT _PROCLAMATION _STUDY SESSION _OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ...............................--..-........----....--........--------..-........--..------------..-----------......--..-----........--....------....-----..-----------------. ATTACHMENTS: 1) Cover Memo 2) Draft Recommendations for Finance and Governance of Human Services .....................................-..........---..--.........................-..............-------------------------------....---....---..-----..--..-..---------------------- SUMMARYIBACKGROUND: The attached draft recommendations were prepared by the Regional Finance and Governance Task Force of the Human Services Roundtable. The Task Force is one of the forums established by the Growth Management Planning Council (GMPC) to look at the issue of regional finance and governance. The Task Force has identified four options for fmancing and governing human services in the future, which are outlined in the attached report. The Task Force will discuss the recommendations on May 22. The goal of the May 20 Council discussion is to develop a Council -!~~g~~.~!!~~!!~.!!.!!!~!-~~.p.~_!~~~_!g,~~~_!~_!!t_~}~!~I_~~_!!l_~~Y..~.8...~~_t.!!~..!!~_l!~_~~!Y..~~~J.:~!E~_~_____ CITY COUNCIL COMMITTEE RECOMMENDATION: None. Due to the short time frame for _.~2~~.~~!..~~_~~P_~~.!!~_~_~L~~~~_~~y..i~~~?.!>.1_!he_~.!>li_~_~!f~~_~_~J.!~_~_~~rYic_~~_~~~~t!ee. CITY MANAGER RECOMMENDATION: ~ ~~ .v..J W\,..anl~vY~l~ . -.............---..-......--------------------------------------__________________ ~-------t..~------~--- APPROVED FOR INCLUSION IN COUNCIL PACKET: )tJ (BEWW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: _APPROVED _DENIED _TABLEDIDEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # . . . e e CITY OF .. ~ . ~ ~.....~..,,~ --.~"'" ~~~'-- ~~ AY" 33530 1ST WAY SOUTH (206) 661.4000 FEDERAL WAY, WA 98003.6210 MEMORANDUM DATE: TO: FROM: SUBJECT: May 13,1997 City Council Members Ann Guenther, Human Services Manager tlLI Recommendations for Finance and Governance of Human Services Introduction Attached is the draft of the recommendations prepared by the Regional Finance and Governance Task Force of the Human Services Roundtable. This will be discussed at your May 20 meeting. The goal of this discussion is to develop a Council recommendation that can be taken forward to the last meeting of the Human Services Task Force on May 22. The Human Services Task Force is one of the forums established by the Growth Management Planning Council (GMPC) to look at the issue of regional finance and governance. The Human Services Task Force has met over the past several months to develop recommendations on the regional financing and governing of human services. Council Member Park has represented the City on this Task Force. The Task Force has identified four options f!):-:inancing and governing human services in the future. The summary of the options is on pages 10-14 of the attached report, with detail of the options on pages 18-21. The Task Force plans to present several options to the GMPC Oversight Committee. At this point, the Task Force has not determined if they will recommend one of the options or if they will present all options equally to the Oversight Committee. The attached report provides information on: project background including current human services funding levels of King County, Suburban Cities and Seattle; goals and criteria for finance and governance; summary and detail of the four options; and implications of each of the options. Please note that the report refers to an appendix, which is not included in full here as it is still in development. Tlmeline and Next Steps The Human Services Task Force will discuss the attached draft recommendations on May 22. From there, the recommendations will be presented to the GMPC Oversight Committee on June 5, and to the full GMPC at a later date. I will be at your May 20th meeting to answer your questions about the recommendations. If you have any questions before then, please call me at 661-4039. e e . I Recollllllendations for Finance and Governance of Human Services Presented by the Regional Finance and Governance Task Force . of the Human Services Roundtable Co-Chairs: Margot Blacker, Bellevue City Council Cheryl Chow, Seattle City Council Larry Gossett, Metro/King County Council May 1997 . . . . - - e e RECOMMENDATIONS FOR FINANCE AND GOVERNANCE OF HUMAN SERVICES CONTENTS Introduction/Background 2-7 Goals & Criteria for Finance and Govemance 8-9 Summary of the Four Options 10-14 Implications of the Options 15-17 Detail of the Options 18-21 Conclusion 22 Appendix (only partially here, still under development) - e - e Introduction . _.__......_._...._.................n_......................_._......_.._................_ The Regional Finance and Governance Oversight Committee of the Growth Management Planning Council appointed the Human Services Roundtable as the forum to develop recommendations regarding the finance and governance of human services. The following questions capture the issues under discussion as part of the Oversight Committee's negotiation of human services finance and governance: . What services should comprise a basic human services package available to residents throughout the region? . What government entity or entities should hold responsibility for governing this basic services package and ensuring that these services are in fact available to residents throughout the region? . What government entity or entities should hold responsibility for financing this basic service package and ensuring that these services have the financial support required to enable their availability? Task Force Leadership and Membership The Roundtable convened a Task Force to develop recommendations for the Oversight Committee. . The Task Force was co-chaired by Roundtable members Larry Gossett (representing King County), Margot Blacker (representing the suburban cities) and Cheryl Chow (representing the City of Seattle). Task Force membership included additional suburban cities, City of Seattle, and King County representation as well as members representing the geographic and ethnically based human service provider coalitions, United Way, and special districts (see Appendix _ for the Task Force membership roster). . An interjurisdictional staff work group provided support to the effort through development of materials, creation of discussion approaches, and regular briefing of Task Force members. Approach As part of the overall framework for the discussion, the Task Force recognized that human services in King County are funded differently from other services. In particular, governments join in partnerships with United Way and private donors to finance services and make decisions about service priorities. these partnerships create a need for meaningful collaboration and the opportunity to use public dollars as leverage to garner private resources. . Page 2 . . . - - e e The Task Force, recognizing this situation, designed a set of options that provide a framework for services available to all county residents while still allowing specific communities to tailor and complement services to meet the needs of their residents. To accomplish its charge, the Task Force carried out a set of activities with an emphasis on understanding the current situation and then designing alternatives that address the strengths and weaknesses of today's approaches. The resulting combination of analysis and creative thinking enabled the group to develop a set of innovative options for Oversight Committee decision-making. Page 3 - - e e Understanding the Current Picture . Identification of Factors in the Environment . The Task Force.developed its recommendations in the context of an environment with multiple factors that will influence the success of the basic human services package in addressing the needs of King County residents. Among the issues the Task Force considered are the following: . The changing demographics of King County; . The dramatic alterations to federal and state welfare programs; . Reductions in federal and state programs, including housing and employment; . Ongoing financing changes; . The emphasis on outcomes; . The public's perceptions of human services; and . The level of support for human services among elected officials throughout the region: Definition of Services in the Basic Package To identify the basic service package, the Task Force eliminated those services that are not "on . the table" for discussion by removing services that are the responsibility of another level of government that provides that service-or are a service that another level of government delegates to King County with associated funding. The chart below summarizes the results of tl1is anal)'sis. "On the Table" "Not On the Table" Famil)' Support and Cl1ild Development Y outl1 Information and Referral Basic Needs/Survival Services Federal/State Supported Services, e.g. Head Start, WIC, TANF, Cltild Welfare, Victim Assistance, Food Stamps, GAD, CDBG, Disaster Relief Domestic Violence Housing Sexual Assault Hospitals and Outpatient Clinics . Healtl1 (community and dental clinics) Aging (adult da)' healtl1, senior centers, social and recreational activities) Federal/State Supported Services with a Count)' Mandate, e.g. all categories of Mental Health, Developmental Disabilities and Substance Abuse, Emplo)'ment Gob . Page 4 . . . - - e e Employment (Employment Assistance and ESL) placementt job trainingt literacy and youth employment) and Aging (nutrition and transportation) Public Health WeatherizationlHome Repair 911 Education " \'I_I J ~ ,c.Ach etS ) Human Services Capital (tL --\'Ct.l~Jl1'\lIYl6 . rfL. b:t'\Jte.y CV'BG; t T"{VW" 1 I' tv Analysis of Current Governance In order to create a baseline to work fromt the Task Force collected information that describes who (City of Seattlet King Countyt suburban cities) currently funds and governs the services in the basic package. The Task Force used this information to gain a clearer understanding of how future approaches would differ from the current division of responsibility. (Appendix summarizes the results of this analysis.) In shortt the Task Force concluded that the current approach to governing human services involves a combination of King CountYt City of Seattlet Suburban Citiest United Way and private governing approaches. The information collected indicated that the City of Seattle and the balance of the County reflect different governance patterns. The City of Seattle plays a primary role in governing the human services available within its boundaries with United Way and community resources playing an "enhancement" role (adding resources to amplify the basic services available). The City of Seattle's current human service system is distinct in its governance from the system available in the balance of the County. In the balance of the Countyt King County plays the primary financing role with suburban jurisdictionst United Way and other community resources playing the "enhancement" role. The governance of services aligns with the fmancing roles. King Countyt suburban cities and United Way all play governance roles in overseeing the services each funds. The recent development of the Community Services Division Plan represents a step forward in bringing King County and suburban cities together to pursue an agreed-upon set of priorities and ideas for improved governance approaches. Analysis of Current Finance The Human Services Roundtable requested that jurisdictions in King County provide information to the Regional Finance and Governance Task Force to assist in its deliberations. The Task Force asked jurisdictions to supply the following information: Page 5 - e - e . 1996 allocation levels for human services of only general fund revenues (for cities) and . current expense revenue (for King County); . 1996 allocation levels for human services distributed among the seven.service areas comprising the basic regional human services package created by the Task Force; and . Exclusion of Community Development Block Grant and other federal and state funds often allocat~d to human services programs. 1996 Total Human Service Allocations Group Allocation Level Percent of Total Suburban Cities $ 8,464,082 16% King County $17,803,013 35% City of Seattle $24,998,158 49.0% Sub-total $51,265,253 100% United Way $16,517,814 . . Page 6 . . . - - e e 1996 Government Allocations to Service Areas Service Area Suburban King City of Total Cities County Seattle Family Support and 985,503 3,982,009 8,425,744 13,393,256 Child Developmen~ Youth Services 1,784,008 5,318,533 4,270,796 11,373,337 Information and 82,781 36,624 790,568 909,973 Referral Basic Needs/Survival 1,371,917 3,285,845 4,751,483 9,409,245 Services Domestic Violence 719,599 1,015,864 161,016 1,896,479 Sexual Assault 231,704 450,148 436,605 1,118,457 Health (Community 356,618 1,244,383 4,121,965 5,722,966 Medical and Dental Clinics only) ESL and Employment * * * * Support .. Senior Social and 2,304,983 1,150,866 188,266 3,644,115 Recreation Planning and -,.''1.'' 626,969 1,318,741 1,851,715 3,797,425 Administration .... Total 8,464,082 17,803,013 24,998,158 51,265,253 * Employment figures not reported separately ** Represent 8% of the direct services total as an estimate. Page 7 - e - e Goals and Criteria for Finance and Governance . The Task Force created a set of goals and criteria to guide its deliberations regarding finance and governance of the basic human services package. The goals and criteria outlined below guided the Task Force in its development of options for future finance and governance of human services. . Service Goals . ;;Establish a baseline level of human services throughout the region to ensure basic f accessibility for all residents;.;.; . Tailor services to needs of local residents as much as possible; ~ . Adapt services over time to respond to changing demographics, welfare reform impacts and other factors; . Support development of effective and ~fficient subregional delivery systems that can . achieve specified outcomes; and . Plan and implement services at the subregional level to enable economies of scale and administrative efficiencies for human services. . Finance Goals . Prevent erosion of current total levels of human services expenditures in the region; . Add finance sources and associated revenue capacity to enable enhancement of current human service levels; and . Combine resources at the subregional level to enable economies of scale, administrative efficiencies and increased leverage. Governance Goals . Maintain current local investment in human services via human service commissions, citizen involvement and other advocacy efforts; . Ensure appropriate local control over local appropriations and policy direction "and " ~egional control over regional' appropriations and policy direction; . Build effective partnerships among suburban cities, City of Seattle and King County at the subregional level to design and implement quality service systems for local residents; and . Match subregional partnership roles with financial participation in subregional systems. . Page 8 e e . Criteria for Regional Services . . The Task Force's criteria to guide assignment of services to regional and local governance and finance are outlined below: . Offer economies of scale; . Enable residents to cross boundaries and obtain needed services; . Encourage equity of access; and . Support use of quality standards and outcome evaluation across the region. Criteria for Local Services . Need/interest unique to local community; . Reflect grass roots origin and focus; . Require local accountability; and . Fits into local partnership. Page 9 e e . Finance and Governance Options Recommended Regional and Local Availability of Services The Task Force -divided services by regional vs. local availability with the following definitions as guidance: .- Regional services are those intendeJ to be available to residents living in all parts of King County. These services may be tailored to meet the specific needs of various subregions within the County, but will be available at a basic level in all parts of the region. . Local services are defined as those which have their roots and ongoing operations rooted in individual communities and as result, both benefit from and better serve the residents of particular communities. The services listed-below comprise a basic package of services that should be available in all parts of King County and are therefore described as regional. The exact measurement of "availability" will be developed as part of the implementation of this regional system of servIces. Regional Services . . Family Support and Child Development . Youth Services (without Recreation) . Sexual Assault . Information and Referral . Health (community medical and dental) . Employment (ESL/ employment support) . Aging Services (without recreation) . Basic Needs/Survival Services . Domestic Violence There are multiple specific services which fall within each of these service areas. While these services may change over time, the basic service areas are likely to remain constant. The basic regional package therefore comprises these service areas and a variable set of specific services. (For a list of what the current services reflecting these service areas include, please refer to Appendix .) . Page 10 - e - e . Local Services In terms of human services, the list of services shown below represent the areas that are best financed and governed locally. . Senior Social and Recreation . Youth Recreation . . Page 11 e e . ..See following section for additional information regarding options outlined in table.. Finance and Governance Options Shared Shared County Local Governance Governance Governance Governance Option t Option 2 Option 3 Option 4 NewS All redirect S KC redirects and t:Alt'$"optional I> ''OJ. ~ _ 'c'~ Finance Source-l, KC commits S LOal S Option:il commits S 'mo@s Optional'" o~~uired ... -I!OcaB$;f>ptionato or Required t> v1 New dedicated regional revenue X supports fmancing of baseline ~ HS ~ ';;;;: Redirected & dedicated revenue ~ X X ';> ~ sources increases total $ to support fmancing of baseline All jurisdictions Only King HS package redirect $ County redirects $ - ~ ~ King County commits to fund X X ~ at least current expenditure level to support portion of baseline HS </1 Seattle, King County (as local ~ :1 gOY) & Suburban Cities expend X X X X s=. funds to tailor countywide <:J services to local/subregional J needs j No contribution to subregional X partnership . ..3 . Page 12 . p! ~ . - - e e r;:l Shared Shared County Local Governance Governance Governance Governance Option t Option 2 Option 3 Option 4 NewS All redirect S KC redirects and All S optional Governance of Regional KC commits S Local S Optional commits S Revenues'!" Local S Optional or Required Local S Optional or Required VI Appropriation Authority for Metro/KC Metro/KC Metro/KC \.J ~ Regional Revenues Council Council Council ~ P9licy Approval Metro/KC Regional Board MetrolKing ::> ~ Council appt via interlocal County Council - I agreement .{ Policy Oversight (including ginglNew KC Regional Board Standing ~ decision-making regarding Regional appt via interlocal Metro/KC 0 furiding levels for subregions) Committee agreement (same Council ~ ~Id /.,t lrc, group as above) Committee and! or existing regional committee 0 Policy Development Executive- Regional Board Department of and Implementation appointed Locally appointed Community and ~ Interjurisdictional interjurisdictional Human Services e Committee. Dept. staff team s: of Community implements d ~ and Human ~ Services <V implements > Subregional Planning and Subregional Subregional Subregional Subregional Implementation Partnership Boards Partnership Boards Coordination Coordination ~ J Page 13 V\ IU ::S ~ ':::. ~ '1 . v -S <+- o ! .;;:: >- ~ '> ~ - - e e . Shared Shared County Local Governance Governance Governance Governance Option t Option 2 Option 3 Option. 4 NewS All redirect S KC redirects and All S optional Governance of Local KC commits S Local S Optional commits $ Revenues Contributed to Local S Optional or Required Local S Optional Subregional Partnerships,J, or Required Appropriation Authority for City Councils/KC City Councils/KC No appropriation No appropriation Local Revenues Council Council to Subregional to Subregional (unmcorp) (unincorp) Partnerships Partnerships Policy Approval City Councils/KC Subregional Advisory role to Advisory role to Council Partnership Boards KC via CSD Plan KC via CSD Plan (unincorp) Policy Oversight (including . Subregional Subregional Advisory role to Advisory role to decision-making regarding Partnership Board Partnership Board KC via CSD Plan KC via CSD Plan . funding levels for service areas and agencies Policy Development Subregional Subregional Advisory role to Advisory role to and Implementation Partnership Board Partnership Board KC via CSD Plan KC via CSD Plan . . Page 14 . . . - - e e Implications of Proposed Options ..---...--......--........................................................... Shared Shared County Local Governance Governance Governance Governance Implications for Options Option 1 Option 2 Option 3 Option 4 New $ All redirect $ KC redirects and All $ optional KC commits $ Local $ Optional commits $ Local $ Optional or Required Local $Optional or Required . Integrated finance and governance countywide for X X X X basic service package ."reduces 2dmini~rati'!~L.: t:~ ..,-duplication for proViaers ., a.Ild' 20vernments . Sharing of revenue generation encourages X X X partnership and helps maintain current funding levels . Creates new revenue r sources dedicated to HS X X . Creates predictability of revenues X X X X . Works within existing revenue sources and levels X X . Enables coordination of fund distribution to sub- X X X X ree:ions . Uses governance models familiar to jurisdictions X X X X . Simplifies fmancing arrangements X . Basic level of service provision countywide not X dependent on city - participation/revenues . .. facilitates opportunity to . '~rease:overhead and : X '. duplication involved in "-~~tiple jurisdiction oi>erations . Increase the $ available to 'rX address gaps created by X X welfare reform Page 15 - - e e Shared Shared County Local Governance Governance Governance Governance Implications cont. Option 1 Option 2 Option 3 Option 4 NewS All redirect $ KC redirects and All S optional KC commits S Local $ Optional commits $ Local $ Optional or Required Local $Optional or Required . New revenue sources politically unpopular, X improbable . Commitments to continue using current revenue X X X X sources difficult to obtain . pannership harder to generate where there are no X X new regional funds dedicated to HS . Predictability of revenue levels not likely, absent X X X interlocal agreement mandate . Local involvement in HS operations decreases X . Administrative costs X X potentially high . Creation of regionally coordinated HS system not X likely . Service levels in X jurisdictions vary based on X X local commitment . More likely to result in immediate and long-term X reduction in HS funding . Distrust of County by . jurisdictions X . Requires consistent inter- X X jurisdictional cooperation X which is difficult to achieve . . . Page 16 . . . - - e e Shared Shared County Local Governance Governance Governance Governance Implications cont. Option 1 Option 2 Option 3 Option 4 NewS All redirect S KC redirects and All S optional KC commits S Local $ Optional commits $ Local S Optional or Required Local $Optional or Required . Allocations could X potentially neglect the needs of the most vulnerable residents . Commitment to shift X X X existing revenues difficult to obtain Page 17 e e Detail on the Proposed Options . --.-..--............................................._..................................__n._.......... Option #1: New $/KC Commits/Local $ Optional or . Required/Governance is Shared Note: Information contained in boxes represents where the contents of the options differ. Material in italics highlights the key issues. Revenues Create a new dedicated regional revenue source to support financing of baseline levels of the regional human services package. This source would be an increment above the current human service expenditure levels contributed by jurisdictions. · King County commits to support a portion of the baseline human services package beginning with current human service expenditure levels for those services included in the package. This would represent the County's contribution to regional human services in its role as the regional government. (See below for the County's contribution as a local government for unincorporated areas.) . · Seattle, King County (as local government for unincorporated areas) and Suburban Cities are strongly encouraged to expend funds from existing human service revenue sources at the subregional level to tailor countywide services to local and subregional needs. An interlocal agreement defines the level of financial participation among local jurisdictions (including King County) in supporting if services at the subregionallevel9 Governance · Governance of the revenues and services under this approach involves King County, the City of Seattle, and the suburban cities forming a partnership to support planning, financing and implementation of human services at the subregional level. . Each government entity maintains appropriations authority. · folicy O'lJersight takes place via a new or existing regional committee of the King County CounciL This committee operates under rules similar to existing regional committees, requiring a supermajonty vote of the King County Council to change committee recommendations. King County Community and Human Services coordinates staff support for the regional committee. . Page 18 e e . · An Executive-appointed Interjurisdictional Committee (similar to the existing CDBG approach) develops policy plans that establish minimum expectations for the baseline human services package and its availability throughout the region. This committee also determines the boundaries of the subregions, divides the regional money among these subregions and ensures outcome evaluation takes place related to the expenditure of regional revenues. The King County Department of Community and Human Services coordinates staffing for the Interjurisdictional Committee. · Subregional partnerships comprise suburban jurisdictions, City of Seattle and King County (for unincorporated areas) and United Way. A subregional governing. V .; bOar~~~il!!~_fke~r.~o.~ services, ~va~~ble, to the needs of the. subregio~.. The , x.su.bregional partnership board has repreSentatives of each of the jurisdictions that are .0,.." participatingfinancially. Representation may involve Human Service Commission members, elected officials, United Way volunteers and staff and other citizens of the subregion. Participating jurisdictions and United Way provide the staff support for the subregional partnerships. 4' Option #2: All Jurisdictions Redirect $/Local $ Optional or Required + Shared Governance . Revenues All jurisdictions redirect existing revenues'(not currently dedicated to human services) to support financing of baseline human services package. This redirecting of funds . would occur via a thange in state I;1W or other mechanism that redirects these funds at the state level and therefore inv.olves all jurisdictions. · King County commits to support aportion of the baseline human services package beginning with current human service expenditure lev.els for those services included in the package. This would represent the County's contribution to regional human services in its role as the regional government. (See below for the County's contribution as a local government for unincorporated areas.) · Seattle, King County (as local government for unincorporated areas) and, Suburban Cities are strongly encouraged to expend funds from existing human service. revenue sources at the subregional level to tailor countywide services to local and subregional needs. A~ interlocal agreement defines the level of financial participation among local jurisdictions (including King County) in supporting services at the subregional level. Governance . · Governance of the revenues and services under this approach involves King County, the City of Seattle, and the suburban cities forming a partnership to Page 19 e e support planning, financing and implementation of human services at the subregionalleve!. . . Each government entity maintains appropriations authority. ~~!icyo:versight, development and implementation take place via a Regional Board- ,. ~l'~ate~tl1!C!ll~~m~C?docal.~eement and operating2S part of the Executive Branch of" :: County government. This policy board develops policy plans that establish minimum expectations for the baseline human services package and its availability throughout the region. The board also determines the boundaries of the subregions, divides the regional money among these subregions and ensures outcome evaluation takes place related to the expenditure of regional revenues. Board membership may involve Human Service Commission members, elected officials, United Way volunteers and staff and other citizens of the subregion. A locally appointed interjurisdictional staff team (including United Way) is responsible for implementation of the Board's policies. · Subregional partnerships comprise suburban jurisdictions, City of Seattle and King County (for unincorporated areas) and United Way. A subregional governing c board tailors the regional services available to the needs of the subregion. The j. subregional partnership board has representatives of each of the jurisdictions that are participatingfinancially. Representation may involve Human Service Commission . members, elected officials, United Way staff and volunteers and other citizens of the sl,lbregion. Participating jurisdictions and United Way provide the staff support for the subregional partnerships. Option #3: KC redirects $/KC Commits $/Local $ Optional or Required + County Governance Revenues King County is the only jurisdiction redirecting existing revenues (not currently dedicated to human services) to support financing of baseline human services package. King County commits to fund whatever portion of the baseline human services package is feasible beginning with current human service expenditure levels for those services included in the package. There is no contribution of revenues at the subregional level by Seattle, King County or the Suburban Cities to enhance the baseline package. . Page 20 . . . - - e e Governance Appropriation authority and policy approval rest with the Metro/King County Council as all regional funds are County revenues. A standing committee of the Councilor an existin~ re~ional committee develops. policy plans that establish minimum expectations for the baseline human services package and its availability throughout the region. The committee also determines the boundaries of the subregions, divides the regional money among these subregions and ensures outcome evaluation takes place related to the expenditure of regional revenues. King County Community and Human Services is responsible for implementation of the policy plans. There is no formally constituted subregional partnership; the group provides input to the County under the guidelines established in the Community Services Division Plan. Option #4: All $ Optional Revenues Jurisdictions (including the County for unincorporated areas) do not contribute to the subregional partnerships. Governance All appropriations authority, policy approval, policy development and implementation rest with individual jurisdictions. Suburban Cities and Seattle have advisory input to King County under the guidelines of the Community Services Division Plan. Page 21 - e - e Conclusion . ---............---.-..--.......................-.-..--...--..--.....--.....-........................-.-.......-.-----.................-............................................ The Task Force looks forward to presenting these recommended options to the Human Services Roundtable and the Regional Finance and Governance Oversight Committee. The Task Force is confident that an informed discussion of these options will provide the. basis for quality decision-making regarding the future finance and governance of human services in the region. The Task Force appreciates the Oversight Committee's willingness to enlist the assistance of the Roundtable and this Task Force in working on this very important issue. The Task Force also commends the Roundtable for demonstrating the leadership necessary to ensure that human services are part of the critical decision- making currently underway. . . Page 22 e . . Appendix Defining Services in the Basic Regional Package Draft #1 3/12/97 Question: How would we describe what is included in the basic regional package of services) i.e.; who is it targeting to service and to achieve what ends? Assumption: We don)t want to list the specific services that go into this package as the service needs and associated service responses may change over time. We therefore want to have the flexibility to alter the services while still attempting to achieve particular goals or intents. The definitions below would describe the purpose of creating regional availability in each of the designated broad services areas. Family Support and Child Development . The target population for these services is at-risk families. The general intent is to intervene early through prevention and early intervention efforts and provide the types of support to families that will enable them to become self-sufficient and function effectively without special help. The assistance provided to children focuses on helping them to develop and be successful in school and the community. Youth At-risk are the group targeted for services in this area. The purpose of services in this area is to assist youth who are having various types of trouble (e.g.) emotional problems) teen parenting) to develop into healthy adults who will be self-sufficient) contributing members of the community. Information and Referral This service area provides an essential link between individuals who need help and the local agencies that can provide help. Information and referral provides services to the full spectrum of community residents - those who are mostly self-sufficient but need some help linking up with a service agency - to those who are struggling to survive and need connections to multiple agencies that can intervene in a long-term way. Basic Needs/Survival Services . At-risk individuals and families are the primary users of services in this area. These include individuals for whom homeless prevention will keep them from losing their housing and those for whom emergency shelters keep them from living on the streets. Others likely to use services in this area are individuals who rely on help from food banks to feed their families and job assistance to develop the support system necessary to successfully seek and hold a job. . e Domestic Violence . This area includes a full range of interventions - from prevention through crisis intervention. The intent of this area focuses on changing the community norms around domestic violence, intervening when domestic violence takes place, assist,ing domestic violence victims, and treating offenders. Sexual Assault The focus of this area includes preventing sexual assault through prevention activities and assisting victims who have been assaulted through different interventions. The intent is to change community norms around sexual assault and assist victims in recovenng. Health This area includes community medical and dental clinics. These clinics provide access to needed care for many community members who either do not have access to care through other providers or who choose the community clinic system as their major care provider. The intent of these services is to ensure that community members have access to essential medical and dental care. . . e ChViS ~ ~ ~r v1 Msi crrv OF ,....- -- 1=r1~ ~~AY DATE: 15 May 1997 TO: City Council FROM: .. .~~~ Pri~YOr ( ~'~UBJECT: SCho~~~rdlCitY Council Liais~, "--- // ---------- Recently, Mary Gates and I met infoqnally with School Board members Gail Pierson and Linda Hendrickson. At the meeting, we discussed the subject of improved communicatiOR between our respective bodies. Mary suggested that we set up a liaison committee similar to the one we have with the Lakehaven Utility District. The idea was extremely well received by both Linda and Gail. Pending Council agreement to the proposed committee, the School Board has tentatively named Linda and Joel Marks to serve as their representatives. Frankly, I think this approach makes sense and should be supported by the Council. If the Council chooses to move forward, I would recommend that Mike and Jack serve as our representatives. As the following list of agenda topics suggests, a significant number of areas of-- interest impact the Public Safety and Parks and Recreation Committees. 1. School Transit using METRO. - agreement to a phase in approach. 2. School security by City police. - agreement on an interlocal agreement. 3. Portables and landscaping around schools. - status of City code amendments to accommodate City and School District interests. 4. Lakota ball fields plan. - agreement on the next steps for the proposed joint development plan. 5. Five Mile Lake environmental study center and annexations. - explore mutual interests on these issues. 6. School facilities for recreation uses. - explore mutual interests and benefits. e e 7. Future joint use and redevelopment projects. - explore possible concepts for the greater benefit of Federal 'Way citizens. /------_...... ~nless I hear a firestorm of protest from a majority of the Council, I would like to bring .~~~-'---"\ ~ at the May 20th meeting under Council business. --~--._-~.~_.,...'" ....H...". ,'_ ,... ....".. _'^ -" cc Tom VanderArk, School District Superintendent Management Team /"", /// /. // e e CITY OF FEDERAL WAY MEMORANDUM DATE: May 20, 1997 FROM: City Council Skip Priest, Mayor jJJf[ TO: RE: Downtown Revitalization - Next Steps At last week's image workshop, the group made significant progress in ~reviewing and prioritizing ways to improve the visual image of the downtown. As one participant said, "We have made progress on the visuals but we need to do more work on the vision of the City." Chamber Board members echoed this thought at their meeting this morning. To meet September's target for putting together a downtown plan and to maintain current momentum, I suggest that we establish one final committee. This committee will be made up of three Council Members and nine citizen members who have participated in the program until now. The Committee's mission would be to: 1.) Continue to worry the '7mage"thing; and, 2.) Put together a plan with prioritized city (and private) actions necessary to achieve our goal of enhancing the quality of the downtown core. It is hoped that they can develop this plan in a short number of meetings. My suggested membership would be as follows: City Council Representatives: Skip Priest, Ron Gintz, and Mary Gates Citizen Representatives: Steve Lewis, Bill Feldt, David Head, Dan Casey, Elaine Mansoor, Jeanne Burbidge, Bob Wrobleski, Jeff Stock, and Nancy McEleney. limiting designated Council membership to three members is to provide accountability, not reduce participation. All meetings will be advertised as Council Meetings of the Whole so that all Council members can attend and participate should they choose to do so. CQUNCIL\SP97-012.pb Lake Grove Sports Fields Construction Starts Ohana Nurseri of Buckley has won the contract for the renovation of the upper fields at Lake Grove Elementary School. The company will move its large equipment onto the fields by the third week of May and fence off access for area youngsters who have been using it for a wide range of activities. For the safety of everyone in the neighborhood, when construction starts, only authorized personnel will be allowed on the fields. The architectural firm of Jongejan, Gerrard and McNeal is the designer. School District and City of Federal Way Are Proj ect Partners Lake Grove is not the first joint project, using School District property and City funding to create sports fields for team sports and neighborhood games. Other projects include Saghalie and Mark Twain schools. The $185,000 funding will enhance Lake Grove's athletic program during the school year and provide a top quality facility for organized sports after school hours and throughout the Summer. Everyone is a Winner! The completed fields will have many users: Lake Grove Elementary students for their PE programs, city soccer and baseball teams, nearby residents and Federal Way citizens at large. Volunteers Saved Construction Money A total of nearly 70 volunteers spent many weekends cutting down trees, clearing and hauling debris to make the fields ready for the construction crews to move in. All age groups joined the volunteer effort - kids, parents, even grandparents. The resulting savings added up to more than $15,000. Groundbreaking Ceremonies May 22 at 2:30 PM Everyone is invited to join School District and PT A officials as they welcome City dignitaries and Parks and Recreation representatives. Volunteers Needed For Future Projects Contact Wendy Howe of the Community Parks Action Committee (CP AC), for information about future volunteer projects to complete the sports fields. You can help with perimeter planting, dugouts, bases, bleachers and backstops. Wendy's phone number is 441-5356. Timetab Ie May, 1997 - Fields closed May to Sept. 1997 - Construction Nov. 1997 to Mar. 1998 - Volunteer Work Parties Mar. to Apr. 1998 - Final Preparation May, 1998 - Fields Open Lake Grove s.ports Fields is a project sponsored by the Federal Way School District in partnership with the City of Federal Way, the Federal Way Parks & Recreation Commission with the support and assistance of the Community Parks Action Committee. Grand Opening Of Lake Grove Sports Fields - May, 1998 e e CITY OF FEDERAL WAY Item 3A CITY COUNCIL PARKS AND RECREATION COMMITTEE Date: May 9, 1997 Jennifer Schroder, Director 0h Parks, Recreation and Cultural Services From: Subject: Communication Services for Klahanee Lake Community/Senior Center Introduction Included in.the reorganization of the Parks, Recreation and Cultural Services Department (PRCS) is the renovation ofKlahanee Lake Community/Senior Center (KLCC). The Recreation Division currently operates out of three buildings; the Steel Lake Annex:, old fire station and"'KLCC. The projected costs over the next two years indicates that our current communications system supporting the three buildings would increase from the current cost of $18,000 to $25,000 annually. Consolidation of the Recreation Division into the KLCC facility supports many cost reductions included in the adopted 1997/1998 budget for recreation. Last April, Council approved a project budget of$150,000 for the renovation ofKLCC. KLCC was designed originally to support three full-time staff and about two volunteers. The building was built with no planning for expansion of work spaces. The project underway currently addresses the needs of nine staff and up to ten volunteers/part-time staff. Regular volunteers that work at the center include one to two for planning the Korean elders program, two for the Meals on Wheels program, the Community Pathways Coordinator from Highline Community College, interns and other volunteers that help with our recreation programs. The existing communication system at KLCC cannot accommodate the new demand of the facility to support the entire Recreation Division. The necessity to upgrade the communication system to accommodate phone lines, veriphone, and fax machines requires an upgrade to the communication system. This upgrade was planned for and included in our budgeted costs. Background: The recreation operationis currently using approximately 30 phone lines for phones, fax machines, modems, TDD and credit card readers at Steel Lake Annex:, fire station and KLCC for an approximate cost of $20,000 per year. The consolidated operations will reduce the total number of phone line~ needed for recreation to approximately 21 (20 at KLCC, 1 at Annex), with no changes to services used by Maintenance Operations at the fire station. Staff recommends the purchase and installation of the Extended Processor Node (Option 3 below) from AT & T for apprgximlttely~ The purchase is within the recreation budget for KLCC. Total annual savings to the Recreation Division budget for communications will be approximately $18,000. II 2 r, 90 e e 1. Direct Business Lines: Uses direct lines from US West for each staff or device. Low startup cost $2,000 Very high ongoing costs $18,000 per year Low on capabilities Separate from the City phone network, cannot use any of the features available on City phone system 2. Off-Premise eXchange Lines (OPX): Uses the City phone system and US West services. Medium startup cost $8,000 High ongoing costs $12,000 Medium capabilities Connected to the City phone network, loses some functionality because of the OPX lines 3. Extended Processing Node (EPN): Uses the existing fiber optic cable between City Hall and KLee. No services needed by US West. High startup cost ~ ~ 7, Sb't' Very low ongoing costs $1,000 High capabilities Same functionalities as the City Hall an~ Police phone system. Committee Recommendation: Motion to forward to full Council the approval to purchase and install the Extended Processor Node (Option 3) from AT & T for approximately~O. 2~~ ........_-~ .~-;.. G:\CLERK\CMfE.REC 3/11/96 Ifj, (2J.~' 54 ..' '\ ' " , \. (~I :!,. iI" \ ;r;..2- ,(";" '" \i' ~ \ I \) ~c:ent.leC:hnologjes I aeu UI7s W'Iov\ltions '0'" .' " D"..,.hAr::./C,......,:..~ ^ _ ~_ _ __ _ __.L P06a432 1l1..)-jUllb) (6/96) ~c:ent.Tec:hnologjes aeu UI7s W'IoV\ltions Purch~/Service Agreement P06e432 CONTRACT 00167391069 A ORDER 13038180 DATE 05/08/1991 FEDERAL WAY CITY OF 33530 1ST WAY SOUTH FEDERAL WAY. WA 98003 CPS PROJECT CODE, 91P00687 LUCENT TECHNOLOGIES INC. 2601 4TH AVE SUITE 600 SEATTLE WA 98121 LUCENT CONTACT INFORMATION MIRIAM HANDLER 206-615-5172 TRANSACTION TYPE, _PURCHASE _PURCHASE-IN-PLACE _POST WARRANTy SERVICE _LICENSE FEE PAGE 1 OF 3 PRODUCT/SERVICE DESCRIPTION PRICE ELEMENT WARRANTY CODE TERM (MOS) CVC' POST WARRANTY LIC. TERM (YRS) CVG" FEE PURCHASE PRICEI INSTALLATIONI TOTAL MONTHLY on LICENSE FEE ONE-TIME CHG SRV CHARGE ..------------ -..--------.....-- -------------- 7360.00 0.00 0.00 0.00 150.00 0.00 1760.00 0.00 0.00 1488.00 105.00 0.00 0.00 0.00 0.00 17 340.00 187.00 0.00 8.00 46.00 0.00 20.00 0.00 0.00 ~ 560.00 92.00 0.00 .. -------------- -------------- -------------- 11536.00 580.00 0.00 10304.00 2600.00 50.00 268.59 -------------- -------..------ -------------- 21840.00 3448.59 50.00 EXP INTERFACE SERVICE CHARGE FIBER OPTIC CABLE CALL CLASSIFIER PACK Gl SHIP LOOSE STANDARD CBL 10.100 SWRM 188Bl ADM FIELD SWRM IPR JUMPER WIRE SWRM 1l0AC ADM FIELD ---------- 63334A 012 0505-VST 000 63300A 012 63532 012 X600-SHL 012 63190A 012 63212A 012 63214A 012 63216A 012 TOTAL SUBTOTAL FROM ATTACHED (2) PAGE (S) ESTIMATED SHIPPING CHARGES GRANO TOTAL ALL PRICES AND RATES ABOVE ARE EXCLUSIVE OF SALES/USE TAXES 'WARRANTY/POST-WARRANTY BUSINESS DAY AROUND - THE - CLOCK MAINTENANCE EXPRESS CUSTOMER INVENTORY MGMT 7 :OOAM-7 :OOPM;MON-FRI. COVERAGE: (1) 8 :00AM-8: OOPM;MON-FRI. (6) (2) 9:00AM-9:00PM;MON-FRI. (7) (3) 8:00AM-MIDNIGHT;MON-SAT. (8) (4) CUSTOMER ON-SITE EXCHANGE (9) (5) LUCENT ON-SITE EXCHANGE (10) -... -_.. --- -_.... --.... ---- --_........ CUSTOMER CONTRACT RETURN DATE CHANGE CONTROL DATE (CCD) DELIVERY DATE , IN SERVICE DATE , SERVICE COMMENCEMENT DATE "OS/Hi/3'i' 1 / 1 / 1 1 EQUIPMENT LOCATION 33530 1ST WY S FEDERAL WAY LUCENT TECHNOLOGIES INC. AUTHORIZED SIGNATURE WA 98003 FEDERAL WAY CITY OF AUTHORIZED CUSTOMER SIGNATURE TYPED NAME TONI SIMLER TITLE AREA CONTRACT MANAGER ADDRESS 2601 4TH AVE TYPED NAME TITLE CITY SEATTLE STATE ZIP CODE WA 98121 DATE DATE ..... --................................................. -..... --.. -............. -- --............... "'............................ - -.. -.... - -oooooo _oooooo - _.. __ - - __oo - - - __ _.. - _.. - _oo - - - _. - - - - __ YOUR SIGNATURE ACKNOWLEDGES THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS AGREEMENT AND THESE TERMS AND CONDITIONS APPLY TO THIS ORDER AND ANY SUBSEQUENT ORDERS ACCEPTED BY LUCENT. YOUR SlGNATURE ACKNOWLEDGES AUTHORIZATION FOR LUCENT TO REQUEST CREDIT INFORMATION FROM ANY CREDIT REPORTING AGENCY OR SOURCE. REMARKS -.- oooo--..... - _.... _. __ _. _. _oo - - __ - - ___ __ ___ ___oo _oooo. ___. _oo ____._ _oo. _.. ___.._ __ - - _. ___. _._____._oo ___....____ _________________._ SoE ( 2 I ADDITIONAL PAGE (S) if- Luc~nt Technologies ;U' __. .-...,' . Ilen labs Innovotions , (6/96) _Purchase/Service Agr.ent CONTRACT 00167391069 ORDE~ 13038780 DATE 05/08/1997 CPS PROJECT CODE: 97P00687 FEDERAL WAY CITY OF 33530 1ST WAY SOUTH FEDERAL WAY WA 98003 LUCENT TECHNOLOGIES INC. 2601 4TH AVE SUITE 600 SEATTLE WA 98121 LUCENT CONTACT INFORMATION MIRIAM HANDLER 206-615-5772 PAGE 2 OF 3 PRODUCT/SERVICE DESCRIPTION PRICE ELEMENT WARRANTY CODE TERM (MOS) CVG* POST WARRANTY LIC. TERM(YRS)CVG* FEE PURCHASE PRICE/ INSTALLATION/ TOTAL MONTHLY QTY LICENSE FEE ONE-TIME CHG SRV CHARGE SHORT RG TRANSCEIVER EPN SINGLE MODEL 1 63297A 63601 012 012 1 1 1 1 1 1 4 1104.00 0.00 0.00 1 9200.00 260Q.0.0 50.00 -------------- -------------- -------------- 10304.00 2600.00 50.00 SUBTOTAL Ben labs It1noV:"tlons ~-- "V' ,,- __.,,4 ....urcnase/~ervlce Aareanent .,urchase/Service Agrerent lcent Technologies . Ben labs innovations PURCHASE/SERVICE AGREEMENT - REMARKS CONTRACT 00167391069 ORDER 1:jfl38780 t' DATE 05/08/1997 CPS PROJECT CODE: 97P00687 FEDERAL WAY CITY OF 33530 1ST WAY SOUTH FEDERAL WAY WA 98003 LUCENT TECHNOLOGIES INC. 2601 4TH AVE SUITE 600 SEATTLE WA 98121 LUCENT CONTACT INFORMATION MIRIAM HANDLER 206-615-5772 PAGE 3 OF 3 --~_S=-=__==__======.=====================a=.__=._==_____________________________=_.____________________________________ **UPON EXPIRATION OF WARRANTY "THE CHANGE CONTROL, DELIVERY, AND IN-SERVICE DATES WILL BE NEGOTIATED WITHIN A MUTUALLY AGREEABLE TIME FRAME BASED ON THE AVAILABILITY OF LUCENT TECHNOLOGIES RESOURCES." "CUSTOMER AGREES THAT THE EQUIPMENT REMOVED/REPLACED IN CONNECTION WITH THE EQUIPMENT LISTED ABOVE BECOMES THE PROPERTY OF LUCENT TECHNOLOGIES AND MUST BE RETURNED AT THE TIME OF THE UPGRADE." .. .. ..- ......~._~~ ....~.~ e e For Council Item # VI-H REGIONAL FINANCE AND GOVERNANCE OF HUMAN SERVICES Goals & Criteria for Finance & Governance Service Goals · Establish baseline level of human services throughout the region · Tailor services to local needs · Support development of efficient delivery systems · Plan and implement services at subregional level Finance Goals · Prevent erosion of current human services funding · Add finance sources to enable enhancement of current service levels · Plan expenditures at subregional level Governance Goals · Maintain local constituency involvement in human services · Ensure appropriate local control and appropriate regional control · Build effective partnerships among suburban cities, Seattle, King County, United Way and human service providers, at subregional level · Match subregional partnership role with financial participation in subregional systems 1 e e REGIONAL FINANCE AND GOVERNANCE OF HUMAN SERVICES Regional Services -- Available in All Parts of County Family Support and Child Development Youth Services (without recreation) Information and Referral Basic Needs/Survival Services Domestic Violence Sexual Assault Health (Community and Dental Clinics) Aging Services (without recreation) Employment (ESUEmployment Support) Local Services -- Roots and Operations in Individual Communities Senior Social and Recreation Services Youth Recreation Services 2 CE AND GOVERNANCE 0 Shared Governance UMAN SERVICES County Local Governance Governance New revenue supports X baseline services Redirected & dedicated X X sources increases total $ to support baseline services KC commits to fund X X X X current level to support portion of baseline services Seattle,KC, (unincorp.) X X X & Suburban Cities expend funds to tailor services to local needs No contribution to X X subregional partnership Appropriation Authority Metro/KC Metro/KC Metro/KC for Regional Revenues Council Council Council Policy Approval Metro/KC Regional Metro/KC Council Board County Council Policy Oversight Existing/New KC Regional Standing KC Regional Board Council Committee Committee/ Existing Regional Committee Policy Development Exec.-appointed Regional KC and Implementation I nterjurisdictional Board Committee Subregional Planning Subregional Subregional Advisory Role Advisory and Implementation Boards Boards to KC Role to KC 3 e e REGIONAL FINANCE AND GOVERNANCE OF HUMAN SERVICES Key Points to Consider 1. When developing regional services, focus on providing services which are cost effective and benefit the most people; 2. Recognize that the County has to continue an ongoing baseline of services to countywide residents; 3. Provide funding to local governments where the service is best governed/provided at the local level; 4. Offer cities the option of contracting with King County and/or human service agencies, if it is not cost efficient for cities to govern/provide at local level; 5. Avoid a. new taxes or levies b. new layers of governance 6. Do a. b. c. d. e. . streamline existing services and governance strategies reduce inefficiencies promote contracting for services promote local decision making match funding to local governments with local responsibility 4 05/14/97 WED 15:09 FAX 2066614075 City of Federal Way 141 001 e ********************* *** TX REPORT *** ********************* e . ~ .: TRANSMISSION OK TXlRX NO CONNECTION TEL CONNECTION In ST. TIME USAGE T PGS. RESULT 3006 92412788 05/14 15:08 00'41 2 OK CITY OF FEDERAL WAY OFFICE OF mE CITY CLERK N. <:;hristine Green. CMG City Clerk 33530 - 1st Way South FederalVVay, VVA 98003 FAX: QJW..661..4.075 DATE: TO: ROSE EHL - Federal Way News FAX #: 241-2788 FROM: Chris Green, City Clerk (206) 661-4070 or vBob Baker, Deputy Clerk (206) 661-4071 NIDv1BER OF PAGES, INCLUDING COVER SHEET - 2 RE: DISPLAY AD WIlli BLACK BORDER FOR SATURDAY ISSUE: "Upcoming City Council Meeting Agenda" .. l_ e e .. ' ~ 1 FEDERAL WAY CITY COUNCIL Regular Meeting Council Chambers - City Hall 33530 First Way South May 20, 1997 The following is a summary of agenda items scheduled for the upcoming Federal Way City Council Regular Meeting: -Police Award/Certificate of Commendation -Parks & Recreation Commission Introductions -2- Year Human Services Funding (1999-2000) -Granville Place Preliminary Plat Approval/Resolution -Fire District #39 Interlocal Agreement/E911 Equipment/Software Capacity Sharing -Council Bill #173/Essential Public Facility Code Amendment/Enactment Ordinance -Federal Way Golf Park Concomitant Agreement Amendment/Resolution -Capital Facilities Program/Committee Structure/Appointments -Klahanee Lake Community/Senior Center Communications System -So. 356th Regional Storm Control Facility Bid Award -Mark Twain Ballfield Renovation Project Bid Authorization -1997 Asphalt Overlay Project Bid Award -Hearing Examiner Contract Renewal -Human Services Finance & Governance Recommendations For additional information contact the City Clerk's Office at 661-4070. Isl N, Christine Green, CMC, City Clerk Published in Federal Way News May 17 AFFIDAVIT OF PUBLICATION No..E STATE OF WASHINGTON) COUNTY OF KING ) ss. I, Paul Wood, being first duly sworn on oath deposes and says: That he is the Advertising Manager for The Federal Way News, a bi-weekly newspaper which is now and at ail times herein mentioned has been published and printed in an office maintained at the place of publication at Federal Way, King County, Washington, that by order of the Superior Court of the State of Washington in and for King County, said newspaper is now and at all times mentioned herein has been approved as a legal newspaper for the publication of any advertisement, notice, summons, report, proceedings, or other official document required by law to be published, that said newspaper was published regularly at least once each week, in the English language, as a newspaper of general circulation in Federal Way, King County, Washington, at the time of application to the aforementioned Superior Court for approval as a legal newspaper, and was so published for at least six months prior to the date of said publication, and is now and at all times mentioned herein has been so published. That the annexed is a true copy of a City of Federal Way city council special meeting 5/20/97 as it was published in regular issues of said newspapers once each week for a period of one consecutive weekes), commencing on the~day of May , 1997, and ending on the 17th _day of May. 1997, both dates inclusive, and that said newspaper was regularly distributed to its subscribers and as a newspaper of general circulation during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $ 110.60 /da/ 4 /{/~ Subscribed and sworn to before me this 7th day of August. 1997 /1-5 /~ ~ ~-j / ...-: y(ota~ Public in and for the State of Washington Residing at Seattle. My commission expires 9/19/97. ~) " " -"-. -.... r., "J "l~.I''t7 ~. 1;;'~ . )~'- FEDERAL WAY CITVCOUNCIL Council Chambers - .City Hall 33530 First Way South May 20, 1997 Regular Meeting - 7:00 p.m. The fo'lIowing is a summary of agenda items scheduled for the upcoming Federal Way City Council Regular Meeting: -Police Award/Certificate of Commendation -Parks & Recreation'Commission Introductions -2-Year Human Services Funding (1999-2000) -Granville Place Preliminary Plat ApprovaVResolution -Fire District #39 Interlocal Agreement/E911 Equipment/Software Capacity Sharing -Council Bill #173/Essential Public Facility Code Amendment/Enactment Ordinance -Federal Way Golf Park Concomitant Agreement Amendment/Resolution -Capital Facilities Program/Committee Structure/Appointments -Klahanee Lake Community/Senior Center Communications System -So. 356th Regional Storm Control Facility Bid Award -Mark Twain Ballfield Renovation Project Bid Authorization -1997 Asphalt Overlay Project Bid Award -Hearing Examiner Contract Renewal -Human Services Finance & Governance Recommendations '" <D ~ o For additional information contact the City Clerk's Office at 661-4070. Is! N. Christine Green CMC, City Clerk