Loading...
LUTC PKT 11-03-2008City of Federal Way City Council Land Use/Transportation Committee November 3, 2008 City Hall 5:30 p.m. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES: October 20, 2008 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS A. School Impact Fees Action Turley/15 min. B. Construction Hours Code Amendment Action Herrera/10 min. C. Pacific Highway S HOV Lanes Phase IV— 85% Design Report Action Roberts/10 min. (18`b Ave S to S 312' St) D. S 356`h St at SR 99 Intersection Improvements Project— LUD Design Action Mulkey/10 min. — Construction ILA 5. FUTURE MEETINGS/AGENDA ITEMS 6. ADJOURN Committee Members City Staff Linda Kochmar, Chair Cary M. Roe, P.E., Assistant City Manager/Emergency Manager Jim Ferrell Darlene LeMaster, Administrative Assistantll Dini Duclos 253-835-2701 G: ILUTC ILUTC Agendas mud Summaries 2008111-03-08 LU%C Agemia.doc October 20, 2008 5:30 PM City of Federal Way City Council Land Use/Transportation Committee MEETING MINUTES City Hall City Council Chambers In attendance: Committee Chair Linda Kochmar, Committee Member Dini Duclos, Committee Member Jim Ferrell, Assistant City Manager/Chief Operations Officer/Emergency Manager Cary Roe, Assistant City Attorney Peter Beckwith, Director of Community Development Services Greg Fewins, Acting Deputy Public Works Director Marwan Salloum, Planning Manager Isaac Conlen, City Traffic Engineer Rick Perez, Deputy Public Works Director Ken Miller, Surface Water Manager Will Appleton, Senior Planner Deb Barker, Contract Senior Planner Jim Harris, Senior Transportation Planning Engineer Sarady Long, Surface Water Project Engineer Fei Tang, Senior Traffic Engineer Maryanne Zukowski, Senior Engineering Plans Reviewer Ann Dower and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 5:30 PM. 2. APPROVAL OF MINUTES The October 6, 2008 LUTC meeting minutes were approved. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 3. PUBLIC COMMENT The following public comment was received: Bob Roper, 525 SW 312'h Street, Federal Way — Mr. Roper wanted to let the committee know that he is very unhappy with the process followed for public notification requirements. If he hadn't called and asked about the status of Hearing Examiners report, he would not have known. Mr. Roper asked to receive written notice of all future notification for this project. 4. BUSINESS ITEMS Committee Chair Kochmar asked the committee to consider moving Item C, Mirror Lake Highland Cottage Preliminary Plat to the top of the Business Agenda as there were many residents eager to speak during the public comment portion of the item. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 Committee approved moving Item C to the first item of the Business agenda, with the remaining items to follow in the order presented on the agenda. C. Mirror Lake Highland Cottage Preliminga Plat Deb Barker provided background information on this item. ACA Beckwith reiterated that which had also been recommended by the Hearing Examiner... As the committee reviews this item and as public comment is heard, please limit comment to what was in the record of the Hearing Examiner. Committee Chair Kochmar wanted to discuss notification requirements. Ms. Barker explained that the Hearing Examiner is obligated to send a copy of his decision to anyone who has signed up for a copy. Mr. Roper's name was not on the list of those who had signed up to receive a copy of the Hearing Examiner's report. Chair Kochmar instructed staff to make sure that Mr. Roper is included in all future mailing and notifications. Ms. Barker also noted that the City's code does not address notification requirements. Chair Kochmar suggested a code amendment on this topic be considered for a future LUTC meeting topic. GALUTOLUTC Agendas and Summaries 2008\10-20-08 Minutes.doc Land Use/Transportation Committee Page 2 October 20, 2008 The following public comment was received: Bill and Dawn McCaffrey, 19111 SW Campus Drive, #116, Federal Way — The McCaffrey's are the applicant for the Mirror Lake Highland Cottage plat. Their project's engineer ('Todd Sawin) from AHBL was also present and available to answer any questions from staff. Mr. McCaffrey thanked Council for supporting their project and the "cottage housing" concept. Mr. McCaffrey also stated that they are using LID techniques for storm water flow control:, dispersing water runoff as close to the source as possible, rain gardens that take care of phosphorus and other contaminants, and pervious pavement. Chair Kochmar asked that Mr. McCaffrey be available to answer possible questions later on in the discussion. Eden Toner, 305 SW 31P St, Federal Way — Ms. Toner had submitted comments for the Sept. 26, 2008 Hearing of the Hearing Examiner. Mr. Toner would like her comments reconsidered. Some residents entitled to notice were not included; therefore, all concerns were not addressed in a comprehensive way. Ms. Toner feels that hers as well as many other residents' concerns were not heard. Had proper notification been given, she would have at least had the opportunity to voice her disagreement and concerns over the project. Bob Roper, 525 SW 312`h St, Federal Way — Mr. Roper requests that staff make the surface water control of this project subject to City Code 21:21 and be considered experimental. Mr. Roper feels the surface water control measures should be bonded. Other suggested items for staff to consider were to use only phosphate free fertilizer and that rain garden vegetation to be disposed of separately. Dave Toner, 305 SW 313`h St, Federal Way — Mr. Toner wanted to comment on the protection of environmentally sensitive areas. Residents were not given proper notice to appeal the process. This is a huge concern for damage to the lake should the development be approved. Mr. Toner commented that the applicant had to contract out for work assessing the environmentally sensitive area and that no report can be shown that address the development's influence on the lake. Because the hearing examiner's report failed to address sensitive areas, the City creating a contentious precedent. Bill Murphy, 31315 2"d Ave SW, Federal Way — Mr. Murphy spoke to the conditions of the lake at the Hearing of the Hearing Examiner. Mr. Murphy noted that the lake has been greatly cleaned up in the past 30 years. He credits Mr. Roper with lots of work and monitoring of the lake. Mr. Murphy feels our process is a superficial examination and is not getting to the bottom line. Mr. Murphy would like to see this handled the right way and doesn't want other private land owners to have to pay for damage done to the lake from this development. Richard Scott, Mirror Lake resident, Federal Way — Mr. Scott is in favor of and supports the concept of cottage housing, just not in this particular location. He doesn't feel this project is the right application for this land. Mr. Scott contends the applicant has been able to acquire additional lots that would have otherwise been undevelopable. Mr. Scott is opposed to what he feels would be unnecessary clear cutting of trees as this would destroy the aesthetic quality of the lake. Mirror Lake was named for the reflection of the trees in the water. This development would compromise this along with the water quality of the lake. Chair Kochmar asked ACA Beckwith to comment on the City's notification process. ACA Beckwith stated that under the current code, the City has properly notified residents regarding this project. ACA Beckwith also noted that the draft resolution for this item has been replaced with a final version. Copies of the final resolution were passed out to the committee members. Committee Chair Kochmar also asked Ms. Barker to address items brought forth in public comment. Ms. Barker addressed the SEPA notice and the City's response to it. Exhibit L-2, the City's initial response to SEPA was not part of the agenda packet but was distributed to Council. Ms. Barker also stated that the site was properly posted, the newspaper received notice as well as both libraries and City Hall. As to Mr. Scott's concerns over clearcut trees, Ms. Barker explained the code on significant trees and replacement trees, stating that 50 trees were slated to be cut down and replaced with 23 trees. Areas of concern over surface water and LID techniques were passed on to PW staff to answer. Ms. Barker did note that CD staff made corrections to their original staff report, recommending approval of the preliminary plat of Mirror Lake Highland Cottages with conditions entered into record on 9-26-08. The hearing examiner's Findings, Conclusions and Recommendations recommended the City Council approve the WLUTCLUTC Agendas and Summaries 2008\10-20-08 Minutes.doc Land Use/Transportation Committee Page 3 October 20, 2008 preliminary plat as set forth in the staff report and subject to conditions 1 through 10. The hearing examiner also recommended incorporating a stormwater maintenance and monitoring plan into the plats's CC&Rs or other covenants that involved three other conditions. Senior Engineering Plans Review Ann Dower came to the podium to discuss the engineering review of the project and to address stormwater and LID concerns. Ms. Dower stated that the City bonds all development projects and adds a two year maintenance period to the bond. The hearing examiner recommended adding additional time to equal five years to the maintenance bond. The rain gardens will be utilized to serve roof runoff. Roofs are not typically considered a pollutant ridden surface and would not pollute the rain garden. There will be various uses of pervious pavement with infiltration trenches to detain stormwater and increase water quality. In regards to Bob Roper's concern over phosphate free fertilizer use, staff is not sure that the City has the authority to regulate this. Mr. Ropers's concem over disposal of rain garden waste may, however, be considered. Staff's recommendations of this project have been supported by WA State Dept. of Ecology as well as King County. Flood control has been addressed through a project that lowered the outlet to Fishers Bog. Thus, combined with level 3 flow control requirements, this should prevent any flooding problems from this development. Full infiltration of storm water is proposed. Chair Kochmar asked if this plat will have its own Home Owner's Association (HOA). Ms. Barker explained that Mirror Lake Highland Cottage will be a typical plat of private lots plus common areas. An HOA would make sure conditions and covenants were maintained. CC&Rs would be required with an HOA. Committee Member Duclos referenced Mr. McCaffrey's comment that rain gardens have been used elsewhere in the city. Ms. Dower was not aware of any such projects. Mr. McCaffrey came to the podium and corrected his statement, saying that he meant pervious pavement uses within the city, not rain gardens. Todd Sawin of AHBL noted that the Hylebos, Todd Beamer High School and Cam West projects have utilized LID techniques. Committee Member Duclos asked for a description of a rain garden. Mr. Sawin explained that in a rain garden, water is allowed to pond up on specialized soil. The stormwater is filtered when it infiltrates through the soil. The property is exempt from water quality through the infiltration method proposed. The Cam West development mentioned above underwent a testing period for water quality over a five year period. The results were far superior to the King County and WA State DOE requirements. Committee Member Ferrell asked how many members made up the Mirror Lake HOA. ACA Beckwith gave an approximate number of 51. Lots surround Mirror Lake. The lake is its own lot with the residents surrounding the lake each having undivided interest in the lake. Mr. Murphy commented that the land of the lake (lake bottom) out to some point out in the lake is owned by the property owners. For those with interest in the lake there is one common usage lot for lake access easement to the lake. Mr. Murphy was concerned about possible interest residents of Mirror Lake Highland Cottages would have in the lake. Mr. Murphy was under the impression that Mr. McCaffrey acquired an easement from the third party that sold him a portion of his land. Mr. Murphy explained that the HOA is actually an LLC, with Marla Leeder(sp?) as principle. The HOA is a group of people who like each other, keep the lake and its common area cleaned up and organized. The HOA hires out to do noxious weed control and maintenance of mud islands. Ms. Leeder received notice of the Mirror Lake Highland Cottage project and is responsible to see that the information gets distributed in order to promote the welfare of the community. Committee Member Ferrell asked about on site drainage... where will the runoff go? Ms. Barker replied that that answer is contained in the staff report. Mr. Sawin explained how almost three feet of soil will clean/filter the stormwater from pervious pavement. In actuality, the entire site will act as a basin. Pervious pavement allows organisms to grow within it, organisms that will actually treat the water as well. Mr. Sawin reported that water runoff will infiltrate onsite as it moves toward Mirror Lake. By the time it reaches the lake, the runoff will be filtered and not be of any harm to the lake. Mr. Scott spoke again and asked the reason for 16 units, saying the project began with 12 units and much larger lot sizes. Ms. Barker explained from a code perspective, if an applicant demonstrates all conditions and requirements for a project, the project will be approved. In the case of this project, the Planning Commission G:\LUTC\LUTC Agendas and Summaries 2008\10-20-08 Minutes.doc Land Use/Transportation Committee Page 4 October 20, 2008 added an incentive to developers for affordable housing units. This project as well as the concept of cottage housing went through extensive analysis and public comment already. Mr. Mc Caffrey clarified information for an earlier resident stating that he acquired property that had owned a ten foot easement to the lake. He gave the property to the lake homeowners but maintained the easement. The easement will only benefit five of the 16 lots of the proposed plat. The applicant is also not marketing any of the parcels as having lake access. As to how he acquired the land, Mr. McCaffrey obtained the land from the adjacent church. Mr. McCaffey was also aware of Mirror Lake HOA, Marla Leeder and that the HOA was very active and represented the residents. If the HOA has been notified, it was understood that the lake residents had been notified. In closing, Committee members Ferrell and Duclos verbalized that they are very attentive to the community concern over this project. However, they also feel that there is not a significant problem that warrants not moving this project forward. The Committee feels confident the developer and staff have done their jobs reviewing this project and that proper notification was given. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 Committee forwarded Option 1 to the November 4, 2008 City Council Consent Agenda for approval. A. Lake Jeane Lake Lorene Outlet Control Improvements Project (AG #08-072) Final Acceptance Fei Tang provided background information on the item. There was no discussion. Moved: Duclos Seconded: Kochmar Passed: Unanimously, 3-0 Committee forwarded Option 1 to the November 4, 2008 City Council Consent Agenda for approval. B. Northlake Rim Final Plat Jim Harris provided background information on this item. Mr. Patrick Simmons form King County Department of Development and Environmental Services (DDES) also presented information. There was no discussion Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee forwarded Option 1 to the November 4, 2008 City Council Consent Agenda for approval. D. City Center Access Project — Community Briefing Summaries and Upcoming Open House Maryanne Zukowski provided background information on this item. There was no discussion. No motion was required as this item was for information only. E. Commute Trip Reduction Ordinance Rick Perez provided background information on this item. Mr. Perez was asked to attend the November 4, 2008 City Council meeting to answer any questions that may be asked on this item. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 Committee forwarded Option 1 to the November 4, 2008 City Council Ordinance Agenda for approval. 5. FUTURE MEETING The next regularly scheduled LUTC meeting will be November 3, 2008 at 5:30 PM. 6. ADJOURN The meeting adjourned at 7:15 PM. GALUTOLUTC Agendas and Summaries 2008\10-20-08 Minutes.doc COUNCIL MEETING DATE: November 18, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN AND SCHOOL IMPACT FEE UPDATE POLICY QUESTION: Should the City approve the 2009 School Impact Fees? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 3, 2008 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Mark Turley,Senior Financial Anal st / DEPT: Finance _...__..._...._....._.__ _..__ _...._______�. -_ _._ ... ..._........ ____-- Attachments: ■ Memorandum ■ Federal Way School District 2009 Capital Facilities Plan. Options Considered: 1. Approve District's CFP and proposed impact fee for 2009. 2. Deny approval of the 2009 School Impact Fees and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Council approval of the District's CFP and proposed impact fee for 2009. CITY MANAGER APPROVAL: ( / �j DIRECTOR APPROVAL: o C e Council Committee Council COMMITTEE RECOMMENDATION: Forward the Federal Way School District 2008 Capital Facilities Plan and proposed impact fee to full Council for approval with implementation of the proposed fee effective January 1, 2009. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: "I move approval of the proposed 2009 school impact fee at $4,017 per single- family unit and $1,733 per multi -family unit to be effective January 1, 2009." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Date: November 3, 2008 To: Federal Way City Council Land Use and Transportation Committee Via: Bryant Enge, ACM/CFO From: Mark Turley, Senior Financial Analyst` Tho Kraus, Finance Director` Subject: Federal Way Public Schools 2009 Capital Facilities Plan/School Impact Fee The City has received the Federal Way School District's 2009 Capital Facilities Plan with the proposed school impact fees for the City's annual review and adoption. The new fees, if approved, will be effective January 1, 2009, are $4,017 per single-family unit and $1,733 per multi -family dwelling unit. This is a $134 or 3.5% increase from the $3,883 single-family rate, and $86 or 5.2% increase from the $1,647 multi -family rate. A number of variables go into the school impact fee calculation. Among them are the District's facility needs, construction costs required for schools, and the student generating factor (average students per household in elementary, middle, and high schools respectively) in new single and multi -family developments. The calculated amounts are then reduced by any state matching funds and voter approved property taxes for construction. Finally, a 50% factor is applied to eliminate imperfections in the fee calculation model. Attachments: Federal Way School District 2009 Capital Facilities Plan (the new impact fee calculation is on page 29). Committee Recommendation: Forward the draft Federal Way School District 2009 Capital Facilities Plan and proposed impact fee to full Council for approval with implementation of the proposed fee of $4,017 per single family development and $1,733 per multi -family development effective January 1, 2009. FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN BOARD OF EDUCATION Ed Barney Amye Bronson -Doherty Angela Griffin Tony Moore Suzanne Smith SUPERINTENDENT Thomas R. Murphy FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN TABLE OF CONTENTS TABLE OF CONTENTS 1 INTRODUCTION 2-3 SECTION 1 THE CAPITAL FACILITIES PLAN Introduction 4 Inventory of Educational Facilities 5 Inventory of Non -Instructional Facilities 6 Needs Forecast - Existing Facilities 7 Needs Forecast - New Facilities 8 Six Year Finance Plan 9 SECTION 2 MAPS OF DISTRICT BOUNDARIES Introduction 10 Map - Elementary Boundaries 11 Map - Middle school Boundaries 12 Map - Senior High Boundaries 13 SECTION 3 SUPPORT DOCUMENTATION Introduction 14 Building Capacities 15-16 Portable Locations 17-18 Student Forecast 19-21 Capacity Summaries 22-26 King County Impact Fee Calculations 27-29 SECTION 4 SUMMARY OF CHANGES FROM THE 2008 30-32 PLAN FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN INTRODUCTION In response to the requirements of the State of Washington Growth Management Act (SHB 2929 (1990) and ESHB 1025 (1991)), and under the School Impact Fee Ordinances of King County Code 21A, City of Federal Way Ordinance No. 95-249 effective December 21, 1995 as amended, City of Kent Ordinance No. 3260 effective March 1996, and the City of Auburn Ordinance No. 5078 effective 1998, Federal Way Public Schools has updated its 2008 Capital Facilities Plan as of May 2009 This Plan is scheduled for adoption by King County, the City of Kent, City of Federal Way and the City of Auburn and is incorporated in the Comprehensive Plans of each jurisdiction by reference. This plan is also included in the Facilities Plan element of the Comprehensive Plans of each jurisdiction. To date, the City of Des Moines has not adopted a school impact fee ordinance. The City of Des Moines collects school impact fees as part of the SEPA process. The Growth Management Act requires the County to designate Urban Growth areas within which urban growth can be encouraged. The Growth Management Planning Council adopted and recommended to the King County Council four Urban Growth Area Line Maps with designations for urban centers.' A designation was made within the Federal Way planning area, which encompasses Federal Way Public Schools boundaries. King County will encourage and actively support the development of Urban Centers to meet the region's need for housing, jobs, services, culture and recreation. This Plan's estimated population growth is prepared with this underlying assumption. This Capital Facilities Plan will be used as documentation for any jurisdiction, which requires its use to meet the needs of the Growth Management Act. This plan is not intended to be the sole planning tool for all of the District needs. The District may prepare interim plans consistent with Board policies. The District has prepared a multi phase plan for the renovation and construction of Federal Way Schools and support buildings. The Board authorized presenting the $149 million bond on May 15, 2007. The bond, passed at 63.93%, will replace four elementary schools, Lakeland, Panther Lake, Sunnycrest and Valhalla and one middle school Lakota. Plans to replace Federal Way High School and Decatur High School and to increase capacity by approximately 400 students at each school are planned in later phases. Federal Way High School was built in 1938. It has been added onto at least 10 times and currently has an almost maze -like layout. Based on an annual 4% increase in construction cost, the estimated cost to rebuild Federal Way High School is $122 million. Because of continued construction inflation, estimated construction costs will be re- calculated prior to the next bond election. None of the cost to replace Federal Way or Decatur High School is included in the Impact Fee calculation in this Plan 2 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN The non -instructional projects included in the plan will consolidate support services operations at a single location. The current Transportation and Maintenance facility cannot continue to meet the District needs in the future. Nutrition services and other administrative functions will also relocate to this centralized location. 1 In September 2007 Woodmont Elementary School began a K-8 program by adding a 61h ' grade. In the 2008/09 school year Woodmont will add a 7`h grade to this program. In March 2008, the Board approved a second K-8 program at Nautilus Elementary School. 2 Nautilus will begin the 2008/09 school year with K-61" grade. As the program grows there will more data available about the unique facility needs for this grade configuration. The District is opening a new school in September 2008. The Technology Access Foundation (TAF) Academy will provide a small school setting for 6`h through 12`h grade students. This academy is funded through a unique public/private partnership between the Technology Access Foundation and Federal Way Public Schools. The focus of the school is Science, Technology, Engineering and Math (STEM). The TAF Academy will open in September of 2008 with students in grades 6, 7 and 9. Additional grades will be added in successive years with a target population of about 350. The TAF Academy will open in a separate facility on the Totem Campus. The District will purchase and site new portables this summer to house 10 classrooms. A current modular portable structure with four classrooms will become part of the TAF facility. The impacts to capacity span middle school and high school. At full enrollment, the TAF .J Academy will help to lessen some of the high school capacity deficiency. The capacity increases are noted in the Capital Facilities Plan 2008/09 school year. A. The District continues to study school boundaries as new housing and fluctuating populations impact specific schools. Some shifts in boundaries may be required in the coming year. 3 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN SECTION 1 - THE CAPITAL FACILITIES PLAN The State Growth Management Act requires that several pieces of information be gathered to determine the facilities available and needed to meet the needs of a growing community. This section provides information about current facilities, existing facility needs, and expected future facility requirements for Federal Way Public Schools. A Financial Plan that shows expected funding for any new construction, portables and modernization listed follows this. 10 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN 5 INVENTORY OF EDUCATIONAL FACILITIES ELEMENTARY SCHOOLS Adelaide 1635 SW 304th Street Federal Way 98023 Brigadoon 3601 SW 336th Street Federal Way 98023 Camelot 4041 S 298th Street Auburn 98001 ` _r Enterprise 35101 5th Avenue SW Federal Way 98023 Green Gables 3260747 1h Avenue SW Federal Way 98023 Lake Dolloff 4200 S 308th Street Auburn 98001 Lake Grove 303 SW 308th Street Federal Way 98023 Lakeland 3582732 d Avenue S Auburn 98001 Mark Twain 2450 S Star Lake Road Federal Way 98003 t Meredith Hill 5830 S 300th Street Auburn 98001 Mirror Lake 625 S 314th Street Federal Way 98003 S Nautilus 1000 S 289th Street Federal Way 98003 Olympic View 2626 SW 327th Street Federal Way 98023 Panther Lake 34424 1 st Avenue S Federal Way 98003 Rainier View 3015 S 368th Street Federal Way 98003 Sherwood Forest 34600 12th Avenue SW Federal Way 98023 Silver Lake 1310 SW 325th Place Federal Way 98023 Star Lake 4014 S 270th Street Kent 98032 Sunnycrest 2462942 d Avenue S Kent 98032 Twin Lakes 4400 SW 320th Street Federal Way 98023 Valhalla 2784742 d Avenue S Auburn 98001 Wildwood 2405 S 300th Street Federal Way 98003 Woodmont 26454 161h Avenue S. Des Moines 98198 MIDDLE SCHOOLS Federal Way Public Academy 34620 9th Avenue S Federal Way 98003 Illahee 36001 1 st Avenue S Federal Way 98003 Kilo 4400 S 308th Street Auburn 98001 Lakota 1415 SW 314th Street Federal Way 98023 Sacajawea 1101 S Dash Point Road Federal Way 98003 Saghalie 33914 19th Avenue SW Federal Way 98023 - Sequoyah 3450 S 360th ST Auburn 98001 Totem 26630 40th Ave S Kent 98032 TAF Academy 26630 40th Ave S Kent 98032 SENIOR HIGH SCHOOLS J Decatur 2800 SW 320th Street Federal Way 98023 Federal Way 30611 16th Avenue S Federal Way 98003 Thomas Jefferson 4248 S 288th Street Auburn 98001 3 Todd Beamer 35999 16th Ave S Federal Way 98003 Harry S Truman 3145528 1h Ave S Federal Way 98003 ALTERNATIVE SCHOOLS Merit School 36001 1St Ave S Federal Way 98003 = LEASED SPACES Internet Academy 32020 1 st Ave S Federal Way 98003 5 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN CURRENT INVENTORY NON -INSTRUCTIONAL FACILITIES Developed Prover Administrative Building 31405 18th Avenue S Federal Way 98003 MOT Site 1066 S 320th Street Federal Way 98003 Central Kitchen 1344 S 308th Street Federal Way 98003 Federal Way Memorial Field 1300 S 308th Street Federal Way 98003 Leased Space Community Resource Center 1813 S Commons Federal Way 98003 Available Office Space 3081914 th Ave S Federal Way 98003 Undeveloped Property Site # I Location 75 SW 360th Street & 3rd Avenue SW — 9.2 Acres 65 S 351st Street & 52nd Avenue S — 8.8 Acres 60 E of 10th Avenue SW - SW 334th & SW 335th Streets - 10.04 Acres 73 N of SW 320th and east of 45th PL SW — 23.45 Acres 71 S 344th Street & 46th Avenue S - 17.47 Acres 82 1" Way S and S 342nd St — Minimal acreage 74 3737 S 360th St - 47.13 Acres (Part of this site is being used for Sequoyah Middle School) 96 S 308th St and 14th Ave S — .36 Acres 81 S332 d St and 9`h Ave S — 20 Acres Notes: Not all undeveloped properties are large enough to meet school construction requirements. Properties may be traded or sold depending on what locations are needed to house students in the District. 6 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN NEEDS FORECAST - EXISTING FACILITIES EXISTING FACILITY FUTURE NEEDS ANTICIPATED SOURCE OF FUNDS Purchase and Relocate Interim Capacity Anticipated source of funds is Portables Impact Fees. Elementary Schools: Replace Existing Buildings Voter approved bonds. Lakeland, Panther Lake, Increase capacity at Lakeland, Sunnycrest and Valhalla Panther Lake, Sunnycrest and Valhalla by a total of 200 seats Lakota Middle School Replace Existing Building Voter approved bonds Federal Way High School Replace Existing Building, Future bond authorization Increase Capacity Decatur High School Replace Existing Building, Future bond authorization. Increase Capacity The District is also planning the replacement of some non -instructional facilities. The District has purchased 20 acres (Site #81) for construction of consolidated facilities for support services functions. Transportation, Nutrition Services, Maintenance and other non -instructional functions will be housed at this centralized location. As part of the multi phase plan, the District intends to increase capacity for high school students with expansion at the Decatur High School site. Increased capacity at Federal Way High and at Decatur High in later phases supplant the need for construction of a fifth comprehensive high school. 7 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN NEEDS FORECAST - ADDITIONAL FACILITIES NEW FACILITY LOCATION ANTICIPATED SOURCE OF FUNDS No current plans for additional facilities. I M Cl O O O O O O O O O O O O O M 0 O 0 O 0 O O O 0 to � V r r 00 a0 tn O b W � ON _m L w � 7 N N F!i 69 669 69 tn yx 69 FyC c =moo r- 0 y UU a d] d Uciw�F W o > CIS R s v 3 o ro 0 �y O c O O o � � M Cl O O O O O O O O O O O O O M 0 O 0 O 0 O O O 0 W � O O O O b W _m L w N T vx^ 69 F!i 69 669 69 yx r FyC c =moo r- 0 y UU a d] d y E O W o > Lm m C a s v 3 o ro 0 O c O o � � R Q� a C C a kr ` o .D c+t bo U R U O R H M W c y u a kb a Q a _m L w N T vx^ yx r 0 bo c r- 0 y UU a d] y E O W o Lm m C a s v 3 o ro 0 c E C d O14 a C ` o E m c+t bo U R U y C t0¢ N o = R p = t5 a o u q o s O T o $ mF E T u W c°tu. O U o `" N xo Q M ti L C "y a N O U o a vto U = cc vx y bo y 6 E -> v c O C aC, C ca axi E E a U O «t3 VO O C V E N R T u o 0 o v 0 0 3 bo u OD U u U c > w 07 a s d crm ba 1>1� T C aG v r = o m r -a y w to EE N r- U W y 'o b0O.Ru p A C tC6 .U+ u .o o d u N a o C23 .a aai y d c M 'n A O R u y 4 y O O N u u ttl II..Q O u �u. y co N 'oU u a u ` C �. ' V E R y�j a. BE W w 12 y N cCR v N ttl W O V1 y H h y u N u fl. W y A 0. -c N E Z -- N M V In w p: W c FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN SECTION 2 - MAPS OF DISTRICT BOUNDARIES Federal Way Public Schools (the District) has twenty-one elementary schools (grades K- 5), two schools with a K-8 grade configuration, seven middle school schools (grades 6-8), five senior high schools (grades 09-12). The Federal Way. Public Academy serves students in grades 6 -10. The Internet Academy serves grades K-12 and the TAF Academy will serve students in grades 6-12. The TAF Academy serves students in the Totem Middle School service area in grades 6-12. The following maps show the service area boundaries for each school, by school type. (Harry S. Truman High School, Merit School, Internet Academy and Federal Way Public Academy serve students from throughout the District). The identified boundaries are reviewed annually. Any change in grade configuration or adoption of programs that affect school populations may necessitate a change in school service areas. The Growth Management Act requires that a jurisdiction evaluate if the public facility infrastructure is in place to handle new housing developments. In the case of most public facilities, new development has its major impact on the facilities immediately adjacent to that development. School Districts are different. If the District does not have permanent facilities available, interim measures must be taken until new facilities can be built or until boundaries can be adjusted to match the population changes to the surrounding facilities. Adjusting boundaries requires careful consideration by the District and is not taken lightly. It is recognized that there is a potential impact on students who are required to change schools. Boundary adjustments impact the whole district, not just one school. It is important to realize that a single housing development does not require the construction of a complete school facility. School districts are required to project growth throughout the district and build or adjust boundaries based on growth throughout the district, not just around a single development. 10 ELEMENTARY SCHOOL BOUNDARIES Federal Way Public Schools E F "" `"`"" c DES NN U ff aAY4t f pilula • Every Student, a Reader - q^ ELEMENTARY SCHOOLS MIDDLE SCHOOLS Code - ■ Code - ■ f ; 3 i t Adelaide C.6 30 Him" I ;� 2 13dgadoong_6 E-9 - 3 Camelot N Kllo G-6 r i 4 Enterprise D-9 33 32 Lakota D-6 2 i t _ 5 Green Gables Sa�� e� E 5. , , t , y" (, « Y �^ A 7 Totem G8 6 Lake OoBoff G-6 35 Totem 7 Lake Grove D-6 3 8 Lakeland 36 Federal Way Public Academy E , .. E -g 9 Mark Twain F-4 1Meredith FNII 115 - 111 MlSENIOR HIGH SCHOOLS Mirror Lake E-6 0 *' s • " i 12 Nautilus E-5 t3 Olympic view C-7 Code - ■ 3 14 e E I 15 ftainter View 6 Decatur 40 16 Sherwood Forest p� 41 Federal Way E 5 •� 17 Silver Lake 0.7 42 Thomas Jefferson G-4 18 Star Lake G3 45 Todd Reamer E-9 18 _ 19 Sunnyoresl G-2 49 Harry S. Truman F-6 3 x^ d i 20 Twin Lakes 9.6 r000.o s ni si 21 Valhalla G-4 rr.or r - 22 WQdwood F -5a Schad Sites - 9 - 23 Woodmom F-3 Surplus Sites ..g• ' : ' ` r i �: 81 Educational Service Center F.5 _ 85 Maintenance-Operatlons-Transportation E-6 - Code L: Parks - - �,. %!•� _`-s m 42 t A B C + FEDERAL WAY. WASHINGTON and VICINITY 01 F2 MIDDLE SCHOOL BOUNDARIES Federal Way Public Schools ------------- ------ Evay Student, a Rmder ELEMENTARY SCHOOLS"' ` MIDDLE SCHOOLS Z-ith U Code - Code - I Adelaide C-6 30 Mah" 8-8 31 Kilo 2 Origadoon E-9 3 Camelot G-6 2 G-6 32 Lakota 4 Enterprise Green Gables A-? D-9 33 Sacajawga E-5 D-6 2 34 fi hae Lake Dolloff SagC-8 G-6 35 Totem G-3 7 Lake Grove S A2 0-6 36 Federal Way Public Academy E -e Lakeland E-9 Mark Twain 10 Meredith Hill F4 p H-6 111 IMnw Lake SENIOR HIGH SCHOOLS Z. E-6 12 K%Wlus13 E-5• -1. Olympic View Code - ■ 3 C-7 3 14 PanttwLake E-8 16 Rainier View F-10 40 Decatur C-6 It Sherwood Forest 0-8 41 Federal Way E-5 17 SN~ Lake 0.7 42 Thomas Jefferson G-4 Is Star Lam G-3 45 Todd Beamer E-9 36 19 Sunnycrest G-2 49 Marty S. Truman F-6 20 Twin LakesB-6 21 VaftaHa G-4 22 WVdwoodF-5 Future School Sites 23 Woodmont F-3 Surplus Sites 4 81 Educational Service Center F-6 - 41 96 MahitenancO-OPerations-Tmnsportation E-6 - Code Parks280 C 5,FEDERAL WAY, WASHINGTON and VICINITY 51 1 1=231M I Avurt P02, WIr► NN 9 11111,111L. f i�_Aam E 50, _U Mill'M I9 E f.) Irru 46 EN, A WIN. U MN HIGH SCHOOL BOUNDARIES f�EFederal Way Public Schools __PINES FMM_Fal' Evay Swdrnt, a Reda ELEMENTARY SCHOOLS MIDDLE SCHOOLS Z`"M �; _ •,a Code - Code - . s • : i i 1 Adelaide C-6 30 Illall 2 Ddgadoon 6-e 31 Kilo E-6 i a' 4 Enterpl ot rise D_9 32 Lakola D-6 33 SacajS 2 » _ • • _ «, 6 Green Gables awea E A 7 ,•• + - �. 4 N 6 Lake DolloH 34 Saghaile C-6 G-6 36 Totem a»,K is2 • s .. » �` 7 Lake Grow D-6 36 Federal Way Public Academy EE --8 :a 8 Lakeland E-9 a 9 Mark Twaln F4 ,: at: P. ., ;•, • $ s� i t 10 Meredith Hill Hd SENIOR HIGH SCHOOLS ` _ 11 Mirror Lake E.6 12 Netttlltrs E_6 13 Olympic View C-7 Code - ■ j 14 Panther Lake 1S RalnierVkrw F-10 40 Decatur C-6 _ 16 Sherwood Forest D41 41 Federal Way E-6- 17 S6vw Lake 0-7 42 Thomas Jefferson G-4 16 Star Lake G-3 46 Todd Beamer E_6 .! 16 Stmnycrost G-2 49 Ifany S. Truman 20 Twin lakes 8-6 F$ 21 Valhalla G4 9 r" 22 Wildwood 23 Woodmont F-6 Future School Sites - FJ Surplus Styes :�„ - � _" • S i ice 4 izas. c - i 61 Educational Service Carder F.6 - S aS M3intenance-0pemtJw -Transportation E-6 - Code - ■ ♦� " JParks x A B C _ _ s FEDERAL WAY, WASHINGTON and !NIT ' ~ ��' I sev,.0 .s� r=Yf �t+•• _ -•s 33µ d ► I F3 � FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN SECTION 3 - SUPPORT DOCUMENTATION Building Capacities - The Education Program Portable Locations Student Forecast — 2009 through 2015 Capacity Summaries King County Impact Fees - Single and Multi Family Units 14 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN Building Capacities This Capital Facilities Plan establishes the District's "standard of service" in order to ascertain the District's current and future capacity. The Superintendent of Public Instruction establishes square footage guidelines for capacity, but these guidelines do not take into consideration the education program needs. In general, the District's current target class size provides that the average class size for a standard classroom for grades K through 2 should be 20 students. In grades 3-5 the target is 25 students. For grades six to 12 the target class size is 26 students. Classrooms for students with Individualized Education Program (Special Education) needs are calculated at 12 seats per classroom. Using the OSPI square footage calculation as a base line, the District has calculated a program capacity for all schools. The following list clarifies the adjustments to the OSPI calculation. Music Rooms: Each elementary school requires a standard classroom for music instruction. All Day Kindergarten: Every elementary school operates at least one all day Kindergarten program. These all day Kindergarten program require additional capacity because the standard classroom is Y available for one all day session rather than two half day sessions. The District will operate 44 sections of all day Kindergarten in 2008/09 Special Education Resource Rooms: Each elementary and middle school requires the use of a standard classroom(s) for special education students requiring instruction to address specific disabilities English as a Second Language Programs: Each elementary, middle school and high school requires the use of a standard classroom for students learning English as a second language. Middle School Computer Labs: Each middle school has computer labs. High School Career Development and Learning Center (Resource) Room: Each high school provides special education resource room and career development classrooms for students requiring instruction to address specific disabilities. 15 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN BUILDING PROGRAM CAPACITIES ELEMENTARY BUILDING PROGRAM CAPACITY School Name Headcount Adelaide 349 Brigadoon 312 Camelot 234 Enterprise 443 Green Gables 474 Lake Dolloff 395 Lake Grove 324 Lakeland 377 Mark Twain 321 Meredith Hill 475 Mirror Lake 331 Nautilus 353 Olympic View 333 Panther Lake 422 Rainier View 429 Sherwood Forest 408 Silver Lake 421 Star Lake 367 Sunnycrest 354 Twin Lakes 308 Valhalla 352 W ildwood 333 W oodmont 347 2008 TOTAL 8,462 Elementary Average 1 368 Notes: * Federal Way Public Academy capacity is not used in calculated average. * Truman High School capacity is not used in calculated average. 16 MIDDLES CHOOL BUILDING PROGRAM CAPACITY School Name Headcount FTE Illahee 840 848 Kilo 858 867 Lakota 764 772 Sacajawea 660 667 Saghalie 774 782 Se uo ah 601 607 Totem 701 708 Federal Way Public Academy 200 202 2008 TOTAL 5,398 5,453 *Middle School Average 743 750 SENIOR HIGH BUILDING PROGRAM CAPACITY School Name Headcount FTE Decatur 1316 1,393 Federal W ay 1432 1,515 Thomas Jefferson 1386 1,467 Todd Beamer 1121 1,186 Truman High School 173 183 Federal Way Public Academyl 133 141 2008 TOTAL 1 5,561 5,885 *Senior High Average 1 1,314 1 1,390 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN Portable Locations The Washington State Constitution requires the State to provide each student a basic education. It is not an efficient use of District resources to build a school with a capacity for 500 students due to lack of space for 25 students when enrollment fluctuates throughout the year and from year to year. Portables are used as temporary facilities or interim measures to house students when increasing population impacts a school attendance area. Portables may also be required to house students when new or changing programs require additional capacity. They also provide temporary housing for students until permanent facilities can be financed and constructed.. When permanent facilities become available, the portable(s) is either used for other purposes such as storage or child care programs, or moved to another school for an interim classroom. Some portables may not be fit to move due to age or physical condition. In these cases, the District may choose to buy new portables and surplus these unfit portables. It is the practice and philosophy of Federal Way Public Schools that portables are not acceptable as permanent facilities. The following page provides a list of the location of the portable facilities, used for temporary educational facilities by Federal Way Public Schools. 17 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN PORTABLE LOCATIONS PORTABLES LOCATED AT ELEMENTARY SCHOOLS PORTABLES LOCATED AT MIDDLES C HO O LS NON INSTRUCTIONAL INSTRUCTIONAL Adelaide 2 1 Brigadoon 1 3 Camelot q 1 Enterprise 2 1 Green Gables 1 TAF Academy Lake Dolloff 1 1 Lake Grove 2 Lakeland 2 Mark Twain 3 Meredith Hill 3 M irro r Lake 3 1 Nautilus 1 Olympic View 2 Panther Lake 3 Rainier View 2 1 Sherwood Forest q Silver Lake 2 2 Star Lake 2 2 Sunnycrest 1 1 Twin Lakes 2 1 Valhalla . 1 1 Wild r�ood q Woodmont 3 TOTAL 47 13 PORTABLES LOCATED AT MIDDLES C HO O LS 18 PORTABLES LOCATED AT SENIOR HIGHS NON INSTRUCTIONAL INSTRUCTIONAL Illahee 3 Kilo 6 1 Lakota 3 Sacajawea q Saghalie q Totem 5 Merit 2 TAF Academy 10 1 TOTAL 34 5 18 PORTABLES LOCATED AT SENIOR HIGHS PORTABLES LOCATED AT SUPPORT FACILITIES MOT 1 TDC g _ TOTAL 6 HEAD START PORTABLES AT DISTRICT SITES IT herwood Forest I otal 1 INSTRUCTIONAL NON INSTRUCTIONAL Decatur 9 Federal Way 2 1 Thomas Jefferson 7 Todd Beamer 7 1 TOTAL 25 2 PORTABLES LOCATED AT SUPPORT FACILITIES MOT 1 TDC g _ TOTAL 6 HEAD START PORTABLES AT DISTRICT SITES IT herwood Forest I otal 1 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN Student Forecast Student enrollment projections are a basic component of budget development. Enrollment projections influence many of the financial estimates that go into budget preparation. The majority of staffing requirements are derived directly from the forecasted number of students. Allocations for instructional supplies and materials are also made on the basis of projected enrollment. Other expenditures and certain revenue projections are directly related to enrollment projections. Enrollment projections are completed annually in the Business Services Department. 3 Projections must be detailed at various levels, district total, school -building totals, grade 1 level and program level to include vocational and special education students. 1 The basis of projections has been cohort survival analysis. Cohort survival is the analysis of a group that has a common statistical value (grade level) as it progresses through time. M a stable population the cohort would be 1.00 for all grades. This analysis uses _t historical information to develop averages and project the averages forward. This i method does not trace individual students; it is concerned with aggregate numbers in each grade level. The district has used this method with varying years of history and weighted s factors to study several projections. Because transfers in and out of the school system are 1 common, student migration is factored into the analysis as it increases or decreases survival rates. Entry grades (kindergarten) are a unique problem in cohort analysis. The district collects information on birth rates within the district's census tracts, and treats these statistics as a cohort for kindergarten enrollment in the appropriate years. k The Federal Way School District is using various statistical methods for projecting s student enrollments. The resultant forecasted enrollments are evaluated below. The first method is a statistical cohort analysis that produces ten distinct forecasts. These are forecast of enrollment for one year. The projections vary depending on the number of years of historical information and how they are weighted. A second method is a projection using an enrollment projection software package that allows the user to project independently at school or grade level and to aggregate these projections for the district level. The Enrollment MasterTM software provides statistical methods including trend line, standard grade progression (cohort) and combinations of these methods. This software produces a five-year projection of school enrollment. In December 2006, the District contracted a demographer to develop projections for the Federal Way School District. The report was complete in January 2007. The model used to forecast next year's enrollment uses cohort survival rates to measure grade to grade growth, assumes market share losses to private schools (consistent with county -wide average), assumes growth from new housing or losses due to net losses from migration. This forecast was provided as a range of three projections. The long-range forecast provided with this report used a model with cohort survival rates and growth rates based on projected changes in the 5-19 age group for King County. Most of the methods used - for long range enrollment reporting assume that enrollment is a constant percent of 19 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN something else (e.g. population) or that enrollment will mirror some projected trend for the school-age population over time. The report included 5 different calculations to provide a range of possible projections for the District to the year 2015. This model produces a projection that is between 23,000 and 24,000 when applied to the low, medium and high range modes. This provides a reasonable range for long-range planning and is consistent with estimates from various models. Long-range projections that establish the need for facilities are a modification of the cohort survival method. The cohort method of analysis becomes less reliable the farther out the projections are made. The Federal Way School District long-range projections are studied annually. The study includes information from the jurisdictional demographers as they project future housing and population in the region. The long-range projections used by Federal Way Public Schools reflect a similar age trend in student populations as the projections published by the Office of Financial Management for the State of Washington. Near term projections assume some growth from new housing, which is offset by current local economic conditions. The District tracks new development from five permitting jurisdictions. Long range planning assumes a student yield from proposed new housing consistent with historical growth patterns. Growth Management requires jurisdictions to plan for a minimum of twenty years. The Federal Way School District is a partner in this planning with the various jurisdictions comprising the school district geography. These projections create a vision of the school district community in the future. 20 22,000 21,000 20,000 Enrollment History and Six Year Forecast .0 18,000 O 17,000 16,000 15,000 pooc? co�c? �o0 coos a0061 o" p Os p6 p' 13 0 '-ao0, o 0 -0o0 00 'o VODi 0o' , 0 00 School Year FTE -0 Percent of Change 21 1.0% 0.5% 0.0% m A -0.5% c 0 -1.0% -1.5% -2.0% FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN Full Time Equivalent Enrollment History and Projections Simplified FTE (K Headcount =.5 FTE; Middle School FTE=.99 Headcount; Senior High FTE = .945Headcount) Total K -12 Percent Calendar Yr School Year Elementary Middle School Senior High FTE Change 2003 2002-03 11,202 5,454 4,437 21,093 2004 * 2003-04 9,127 5,524 6,408 21,059 -0.2% 2005 2004-05 9,164 5,473 6,515 21,152 0.4% 2006 2005-06 9,105 5,309 6,770 21,184 0.2% 2007 2006-07 9,022 5,261 6,754 21,037 -0.7116 2008 2007-08 8,912 5,167 6,637 20,716 -1.5% 2009 B2008-09 8,875 5,165 6,707' 20,746 0.1% 2010 P2009-10 8,903 5,194 6,685- 20,782 0.2% 2011 P2010-11 8,952 5,120 6,797 / 20,869 0.4% 2012 P2011-12 9,113 5,085 6,785 i 20,983 0.5% 2013 P2012-13 9,208 5,037 6,760 21,005 0.1% 2014 P2013-14 9,312 5,011 6,765 21,088 0.4% 2015 P2014-15 9,399 5,055 6,720 21,174 0.4% * New Configuration Elementary K-5 Middle School 6-8 High School 9-12 22,000 21,000 20,000 Enrollment History and Six Year Forecast .0 18,000 O 17,000 16,000 15,000 pooc? co�c? �o0 coos a0061 o" p Os p6 p' 13 0 '-ao0, o 0 -0o0 00 'o VODi 0o' , 0 00 School Year FTE -0 Percent of Change 21 1.0% 0.5% 0.0% m A -0.5% c 0 -1.0% -1.5% -2.0% FEDERAL, WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN Capacity. Summaries All Grades. Elementary, Middle School, and Senior High Schools The Capacity Summaries combine Building Capacity information and: the Student Forecast information. The result demonstrates the requirements for new or remodeled facilities and why there is a need for the District to use temporary facilities or interim measures. The information is organized in spreadsheet format, with a page summarizing the entire District, and then evaluating capacity vs. number of students at elementary, middle school, and senior high levels individually. The notes at the bottom of each spreadsheet provide information about what facilities are in place each year. 22 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN CAPACITY SUMMARY- ALL GRADES I .NRO LLMENT Basic FTE Enrollment 20,746 20,782 Budget I - - Projected - - Calendar Year 2009 2010 2011 2012 2013 2014 2015 315 CAPACITY School Year 2008/09 2009/10 2010/11 2011/12 2012/(3 2013/14 2014/15 BUILDING PROGRAM - .1�'7 �-:f'1 :j�74 T17 3' READCOUNT CAPACITY 19,421 19,421 19,521 (9,521 19,621 19,621 19,621 va 40 - Add or subtract changes to capacity Increase Capacity, Lakeland, Panther Lake'$' Sunnycresrand Valhalla MCI Adjusted Program Headcount Capacity 19,421 19,521 19,521 19,621 19,621 19,621 19,62( ,v 4Sted )'[ogram FTE C�p46i y 19,800 19,900 19:900 24.000.` 20-�i00 7n`:fl7N6 ?- 1hh—, I .NRO LLMENT Basic FTE Enrollment 20,746 20,782 20,869 20,983 21,005 21,088 21,174 Internet Academy Enrollment (A AFTE) -�-�--- '?:Raw'�-e'<''-.3.•i�+y, 315 315 i 3t5 315 315 315 315 SURPLUS OR(UNHOUSED) �.,. PiZb K "M FTE CAPACTI Y (631) '5 7Y7 (6541 (6681" `f6901 ixc4I tELOCATABLE CAPACITY" Current Portable Capacity Deduct Portable Capacity Add New Portable Capacity SURPLUS 0R(UN UOUSED) PROGRAM AND RELOCATABLE .-,C' .;t � E �s,.+r� ,e Gs+: 3 f � Y.p' ..'•'; �A ` � �-':. �',,, a v ., .1�'7 �-:f'1 :j�74 T17 3' .zWN, y, 23 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN CAPACITY SUMMARY - ELEMENTARY SCHOOLS ENROLLMENT Basic FTE Enrollment 2 Internet Academy, (AAF F E) Budget - - Projected - - Calendar Year 2009 2010 1 2011 2012 2013 2014 2015 CAPACITY School Year 2008/09 2009/1 0 2010/11 2011/12 2012/13 2013/14 2014/15 PROGRAM ;BUILDING HEAD COUNT CAPACITY 8,462 8,462 8,562 8,562 8,662 8,662 8,662 C RIM- �,.. 1. increase Capacity, Lakeland, Panther Lake Sunnycrest and Valhalla 100 (pp Adjusted Program Headcount Capacity r 8,462 8,562 8,562 8,662 8,662 8,662 8,662 ENROLLMENT Basic FTE Enrollment 2 Internet Academy, (AAF F E) 8,875 8,903 8,952 9,113 9,208 9,312 9,399 49 _„ $M 36 36 36 36 36 36 36 SURPLUS OR (UNHOUSED RELOCATABLE CAPACITY" 3. Current Portable Capacity 1,175 1,175 1,175 1,175 1,175 1,175 1,175 Remove out of service portables from Wildwood and Camelot (J01 Add portable capacity to Camelot 25 Add portable capacity toWildwood from Thomas Jeffers 25::.. . SURPLUS OR (UNHOUSED) PROGRAM AND RELOCATABLE I. increase Capacity at Lakeland, Panther Lake, Sunnycrest and Valhalla 2. Internet Academy students are included in projections but do not require full time use of school facilities. 3- Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based on actual student population needs. The District may begin to pull portables from the instructional inventory. Age and condition of the portables will determine feasibility for continued instructional use. 24 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITA[. FACILITIES PLAN CAPACITY BUILDING PROGRAM HEADCOUNT CAPACITY CAPACITY SUMMARY - MIDDLE SCHOOLS Adjusted Program Headcount Capacity 5,398 5,398 5,398 5,398 5,398 5,398 5,398 ENROLLMENT Basic FTE Enrollment Budget I - - Projected - - 5,085 Calendar Year 2009 2010 2011 2012 2013 2014 2015 74 School Year 2008/09 2009/ 10 2010i 11 2011/12 2012/t3 20t3/t4 20t4/15 BastcTE Bnroltment wtfhau Trtternet Academ 4 _ ... . _ _ ... , r. _ ..... , . _ � Y- 5;091 5,1 20 .5,046 5,01 4;9-63 5,398 5,398 5,398 5,398 5,398 5,398 5,398 Adjusted Program Headcount Capacity 5,398 5,398 5,398 5,398 5,398 5,398 5,398 ENROLLMENT Basic FTE Enrollment 5,165 5, l94 5,120 5,085 5,037 5,011 5,055 1. Internet Academy (AAFTE) 74 74 74 74 74 74 74 BastcTE Bnroltment wtfhau Trtternet Academ 4 _ ... . _ _ ... , r. _ ..... , . _ � Y- 5;091 5,1 20 .5,046 5,01 4;9-63 ":4,937 4,981 SURPLUS OR (UNHOUSED)3--ool 600 650 650 650 650 650 MIMI AddiSubtract portable capacity v RELOCATABLE CAPACITY 2_. Current Portable Capacity 600 650 650 650 650 650 650 AddiSubtract portable capacity Add new portable capacity TAF Academy 50 Adjusted Portable Capacity 65(1'; 65(I , , 650 650 650 650_77F,650.' NO l ES: I. Internet Academy students are included in projections but do not require full time use of school facilities. 2. Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based on actual student population needs_ The District may begin to pull portables from the instructional inventory. Age and condition of the portables will determine feasibility for continued instructional use. 25 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN CAPACITY SUMMARY - SENIOR HIGH SCHOOLS ENROLLMENT Basic FTE Enrollment Budget - - Projected - - Calendar Year 2009 2010 12011 2012 20 l3 2014 2015 CAPACITY School Year 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 BUILDING PROGRAM 1TEADCOUNT CAPACITY 5,561 wil M- 5,561 5,56 t 5,561 5,561 5,561 5,561 Add or subtract changes incapacity Adjusted Program Headcount Capacity 5,561 5,561 5,561 5,561 5,561 5,561 5,561 ENROLLMENT Basic FTE Enrollment 6,707 6,685 6,797 6,785 6,760 6,765 6,720 1 Internet Academy (AAFTE) 205 205 205 205 205 ,. 205 205 y4. RELOCATABLE CAPACITY 2. Current Portable Capacity Subtract portable capacity - move to Wildwood Add portable capacity at TJ Add portable capacity, at TAF Academy SURPLUS OR (UNHOUSED) PROGRAM AND RELOCATABLE 625 1 900 , 900 1 900 900 1 900 900 (tis) 100 200 NOTES: 1. Internet Academy students are included in projections but do not require full time use of school facilities. 2. Relocatable Capacity is based on the number of portables available and other administrative techniques which can be used to temporarily house students until permanent facilities are available. This is a calculated number only. The actual number of portables that will be used will be based on actual student population needs. The District may begin to pull portables from the instructional inventory. Age and condition of the portables will determine feasibility for continued instructional use. 3. Capacity for unhoused students will be accommodated with traveling teachers and no planning time in some classrooms. Puget Sound Early College will house. approximately 60 of the unhoused students. 26 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FAC[LIT[ES PLAN King County, the City of Federal Way, and the City of Kent Impact Fee Calculations Single and Multi -Family Residences Each jurisdiction that imposes school impact fees requires that developers pay these fees to help cover a share of the impact of new housing developments on school facilities. To determine an equitable fee throughout unincorporated King County, a formula was established. This formula can be found in King County Code 2 1 A and was substantially adopted by the City of Federal Way and Kent. The formula requires the District to establish a "Student Generation Factor" which estimates how many students will be added to a school district by each new single or multi -family unit and to gather some standard construction costs. which are unique to that district. - STUDENT GENERATION FACTOR ANALYSIS Federal Way Public Schools student generation factor was determined separately for single-family units and multi -family units. The factors used in the 2007 Capital Facilities Plan were derived using actual generation factors from single-family units that were constructed in the last five (5) years. - IMPACT FEE CALCULATION Following the calculations for the student generation factor is a copy of the Impact Fee Calculation for single family and multi -family units based on King County Code 2 1 and the Growth Management Act. Y Temporary Facility Cost is the average cost of a portable purchased within the last 12 months. Plan Year 2009 Plan Year 2008 Single Family Units $4,017 $3,883 Multi -Family Units 1$1,733 $ 1, 647 27 r� 00 'T N N d 0 0 n V 0 O M O N O O m 00 M N O M I- (f) (O M F- M M 1` 1` 1` to .-- 00 O 1` (J 00 !�- Q) LL. 0 0 0 0 0 0 0 O - t co .. O (f) O Cl) O M V U V O N m M 01 00 V O V N 00 (71 7 M C U- N 0 0 0 0 V' 0 N 0 N 0 N 0 M 0 (n 0 . N- O - G7 O O _ V O c= - o U M O (0 O Cl) O j l0 N N N 0 -� 13 .�. C C N 0 'p M co M O 0) M 0 r --w (D to M 00 O O M_ N 1- 00 tl 7 N E M R M c 4 V' M to N N VM' d LL 0 0 0 0 0 0 0 0 0 0 W o irn vl i O O N N M N N N 00 0) Q m Z o _ O L cn v c co q N V 00 M j N V M w o to v, y � c 0 OD N ('Mf� c- M() V CO O N 7 7 N Z W 0 T N O y c C U. X0000000000 O Z .. O £ N _o ODNrn N —y O V (D O (14 (C) N R N aM0 7 rn 3 Z C N Z D Z Q c O W _ IL > cv O �M O N m OOCM W x v c U C O Ci wY �'w y O a� J� (,�' �� L C= — N U 0> Q L C C C fA zC)o�DOclZSm O ` m (n v v 0 0 0 0 0 0 0 0 0 0 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN 04iPACT FEE School Site Acquisition Cost: Student Student Facility Cost / Facilit% Factor Factor Cost, Cost/ Acreage Agri- C. -it, CCD I.r rn Ele me n tare Middle School Sr High TOTAL $0 $0 Sehool'Construction Cost: Student Student % Perm Fac./ Facility Facility- Factor Factor Cost/ Cost/ Total So Ft Cncr Pa a, -it, CCD n,r rn - Elementary Middle School Sr High 96.81% .................... .--...._...- $9 100 000 .... ...... 0.3283 0.1222 $0 " $0 0.1222 ............. I ........ ._.... $14,470 $5,383 0.1631 0.0621 $0 $0 $53 $20 0.163 i 0.2446 0.0942 $0 $0 TOTAL $0 $0 Sehool'Construction Cost: Student Student % Perm Fac./ Facility Facility- Factor Factor Cost/ Cost/ Total So Ft Cncr Pa a, -it, CCD n,r rn - Elementary Middle School Sr High 96.81% .................... .--...._...- $9 100 000 .... ...... 200 -------­------_-------- 0.32855 ----- 0.1222 ............. I ........ ._.... $14,470 $5,383 $0 $0 $53 $20 TOTAL $53 $20 0.163 i OA621 $0 $0 $0 $0 Total $3,086 $1,148 0.2446 0.0942 $0 $0 TOTAL $14,470 $5,383 Temporary Facility Cost: Student Student % Temp Fac. Facility Facility Factor Factor Cost/ Cost/ Total So Ft r r,cf 4Z;_ ccD s,rrn Elementary Middle School Sr tsigh _..-... _.... 3.19% - 319% 3 19°'o ------­-------- $168.307 -- - - .-------------- 25 0.3285 ---_------ 0.1631 0.2446 0.1222 ------------------------ 0.0621 0.0942 $0 $0 $0 $0 $53 $20 TOTAL $53 $20 State Matching Credit Calculation: Student Student Area Cost Sq. Ft. State Factor Factor Cost/ Cost/ Allowance/So Ft Stndent Matrt, CCD NAUD rrn Elementary Middle School New Sr High $168.79 - .......•-----............................. $168.79 ........... ............_._.... 90 --- ........--•---........ 61.84% ..........-......._._........------..-_..._...._........ . _..... . 0.3283 0,1631 ...------.........------ 0.1222 ..... -- 1-...... 0.0621 $3.08E, $1,148 $0 $0 $168.79 0.2446 -1 0.0942 $0 $0 Total $3,086 $1,148 Tax Payment Credit Calculation SFR MFR Average Assessed Value (14arch 2008) $297-242 568,998 Capital Bond interest Rate (March 2008) 5 ! l% 5 11% Net Present Value ot-Average Dwelling - - ....._ $2,28 . 3, _ 012 - .._.....- . . ............ $329,.95fl ...... Years Amortized .....---- 1 -0 0- --------- --------- -------••-- 10 --- Property Tax Levy Rate $1.49 $1.49 Present Value of Revenue Stream $3,402 $790 Single Family Multi -Family Residences Residences Mitigation Fee Summary Site Acquisition Cost $ - $ _ Permanent Facility Cost $ 14,470 $ 3,383 Temporary Facility Cost $ 53 $ 20 State Match Credit $ (3,086) $ (1,148) Tax Pavment Credit $ (3,402) $ (790) Sub -Total $ 8,035 $ 3,465 50%' Local Share $ 4,017 $ 1,733 111.pact Fee $ 4,01.7 $ 1,733 29 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN SECTION 4 SUMMARY OF CHANGES FROM THE 2008 CAPITAL FACILITIES PLAN The 2009 Capital Facilities Plan is an updated document. based on the 2008 Capital Facilities Plan. The changes between the 2008 Plan and the 2009 Plan are listed below. SECTION I - THE CAPITAL FACILITIES PLAN SIX-YEAR FINANCE PLAN The Six Year Finance Plan has been rolled forward to reflect 2009/2015 SECTION III - SUPPORT DOCUMENTATION CAPACITY Elementary school capacity reflects program changes for the 2008/09 school year. Elementary capacity includes space for All Day- Kindergarten programs at every elementary school. Changes to the Building Program Capacities calculation are found on page 17. PORTABLES The list of portables reflects the movement of portables between facilities or new portables purchased. Portable Locations can be found on page 19. STUDENT FORECAST The Student Forecast now covers 2009 through 2015 Enrollment history and projections are found on page 22. CAPACITY SUMMARY The changes in the Capacity Summary are a reflection of the changes in the capacities and student forecast. New schools and increased capacity at current buildings are shown as increases to capacity. Capacity Summaries are found on pages 24-27. IMPACT FEE CALCULATION - KING COUNTY CODE 21A The Impact Fee Calculations have changed due to changes in several factors. The adjustment made in the Impact Fee Calculation, causing a change in the Impact Fee between the 2008 Capital Facilities Plan and the 2009 Capital Facilities Plan can be found on page 31 and 32. 30 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FACILITIES PLAN IMPACT FEE CALCULATION CHANGES FROM 2008 TO 2009 STUDENT GENERATION FACTORS Student Generation factors are based on rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation. The changes in student Generation factors between the 2008 Capital Facilities Plan and the 2009Capital Facilities Plan are due to developments that were deleted or added based upon the age of the developments and the year placed in the survey. The Student Generation worksheet is found on page 29. SCHOOL CONSTRUCTION COSTS The anticipated cost for replacing Lakeland, Panther Lake, Sunnycrest and Valhalla is $70,000,000. The replacement will add 50 new seats to the school capacity at each building. The total capacity at these four elementary schools is currently 1505. Adding 200 additional seats will increase the capacity by 13%. Total Cost A3 X $70,000,000 = $9,100,000 The District will use the above formula created as a base from the 2008 Capital Facilities Plan for the 2009 Capital Facilities Plan. The capacity of the four elementary schools may vary from year to year as programs are added or changed and construction cost may increase over time. For instance for each new all day Kindergarten program, the building capacity will effectively be reduced by 20 headcount and the Board authorized an increase in construction cost of $lm for Valhalla. These changes would increase the construction cost. The District is using the base formula established in the 2008 plan in the Impact Fee calculation. 31 FEDERAL WAY PUBLIC SCHOOLS 2009 CAPITAL FAC[L[T[ES PLAN IMPACT FEE CALCULATION CHANGES FROM 2008 TO 2009 IMPACT FEE Item From/To Comment Percent of Permanent Facilities 96.21% to 96.81% Report #3 OSP[ Percent Temporary Facilities Average Cost of Portable Classroom Area Cost Allowance State Match Average Assessed Value Capital Bond Interest Rate Property Tax Levy- Rate Single Family Student Yield Elementary Middle School High School Multi -Family Student Yield Elementary Middle School High School 3.79% to 3.19% $128,982 to $168,307 $162.43 to $168.79 61.90% to 61.84% SFR — $262848 to $297,242 MFR — $63,234 to $68,998 4.08%to5.t1% $1.27 to $1.49 .3462 to .3285 .2t86 to .1631 .2418 to .2446 1129 to .1222 0575 to .0621 0842 to .0942 32 Updated portable inventory Updated average of portables purchased and placed in 2007 Change effective July[, 2008 Change effective July 2007 Per Puget Sound Educational Service District (ESD 12 1) Market Rate King County Treasury Division Updated Housing Inventory Updated Housing inventory COUNCIL MEETING DATE: November 18, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amendments to Federal Way City Code (FWCC) Chapter 22 "Zoning," regarding development activities and heavy equipment operation. POLICY QUESTION: Should the City approve amendments to the FWCC Chapter 22 "Zoning, " allowing the Director of Community Development to grant revocable permission to engage in construction activities during the nighttime%arly morning hours of weekends and holidays? COMMITTEE: Land Use/Transportation Committee MEETING DATE: November 3, 2008 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Associate Planner Matthew Herrera DEPT: Community Development Services Background: As part of the 2008 Planning Commission Work Program, staff conducted an analysis of potential amendments to FWCC Chapter 22 "Zoning". The "construction hours" code amendment addresses the current inability of the Director of Community Development to grant permission of development activities and heavy equipment operations during the nighttime/early morning hours of weekends and holidays. Based on the analysis, staff prepared recommended amendments to allow the Director of Community Development the ability to grant revocable permission to engage in development activities and heavy equipment operations. The Director of Community Development may revoke permission if such activity interferes with any conforming residential use. The Planning Commission conducted a public hearing on October 15, 2008; four of the seven members were present for the hearing. The vote was held with three yes and one no. The Planning Commission, therefore, forwards no recommendation to City Council as a recommendation for either approval or denial may only be forwarded by majority vote of the entire membership. Attachments: (1) Draft Adoption Ordinance with Exhibit A; (2) Draft Minutes of the October 15, 2008, Planning Commission Public Hearing; (3) Staff Report to the Planning Commission for the October 15, 2008, Public Hearing. Options Considered: (1) Adopt the proposed amendments; (2) Modify and adopt the proposed amendments; (3) Do not adopt the amendments; or (4) Refer the proposal back to the planning commission for further proceedings. STAFF RECOMMENDATION: Staff recommends that the Council approve Option #l; adopt the proposed amendments CITY MANAGER APPROVAL: /3 J DIRECTOR APPROVAL: o tee to Council to Committee To Council COMMITTEE RECOMMENDATION: Forward Option #1; adopt the proposed amendments -as shown in Exhibit A to the Draft Adoption ordinance to full Council on November 18, 2008 for approval and first reading. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: "I move approval of the L UTC's recommendation to approve the code amendments, which are attached as Exhibit A to the Adoption Ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading Enactment ❑ TABLED/DEFERRED/NO ACTION reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # K:\2008 Code Amendments\Construction Hours\LUTC\Agenda Bill.doc CITY OF FEDERAL WAY ORDINANCE NO. 08 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE XIII, "SUPPLEMENTARY DISTRICT REGULATIONS," RELATED TO DEVELOPMENT ACTIVITIES AND HEAVY EQUIPMENT OPERATIONS (AMENDING ORDINANCE NO'S. 90-43 AND 99-341) WHEREAS, the City of Federal Way adopted Ordinance No. 99-341 in May 1999, which revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22, Article XIII, "Supplementary District Regulations," to allow the Director of Community Development to grant revocable permission to engage in development activities and heavy equipment operations during the nighttime and early morning hours of weekends and holidays meets the intent of Chapter 36.70A RCW, Growth Management; WHEREAS, the City of Federal Way finds that amendments to FWCC Chapter 22, Article XIII, "Supplementary District Regulations," allowing the Director of Community Development to grant revocable permission of development activities and heavy equipment operations during the nighttime and early morning hours of weekends and holidays are consistent with the Federal Way Comprehensive Plan; WHEREAS, the City's SEPA Responsible Official issued a Determination of Nonsignificance on these code amendments on September 17, 2008; and WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council Committees, and full City Council has received, discussed, and considered the testimony, written comments, and material from the public, as follows: 1. The City's Planning Commission conducted a duly noticed public hearing on .these code amendments on October 15, 2008, and forwarded no recommendation to the City Council; Ord No. 08 — , Page 1 2. The Land Use/Transportation Committee of the Federal Way City Council considered the proposed zoning code text amendments on November 3, 2008, following which it forwarded a recommendation of approval to the City Council. WHEREAS, the City Council finds that the code amendments the Land Use/Transportation Committee are consistent with the intent and purpose of FWCC Chapter 22 ("Zoning") to provide for and promote the health, safety, and welfare of the general public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, 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 proposed amendments: 1. The proposed FWCC text amendment is consistent with the Federal Way Comprehensive Plan (FWCP) Goals PUG -1 - Work with private utility companies to allow them to provide full and timely service that meets the needs of the City's residents and businesses, both present and future; PUG -2 - Work with private utility companies to allow them to provide service in a way that balances cost-effectiveness with environmental protection, aesthetic impact, public safety, and public health; and TG -2 - Provide a safe, efficient, convenient, and financially sustainable transportation system with sufficient capacity to move people, goods, and services at an acceptable level of service. 2. The proposed FWCC text amendments bear a relationship to the public health, safety, and welfare as the amendment will decrease the overall time needed to complete construction projects and allows the Director to revoke permission to work if conditions are not met. 3. The proposed FWCC text amendments are in the best interest of the residents of the City as they shorten overall construction times and will provide additional hours of "off-peak" construction that will not adversely affect traffic patterns throughout the City. Section 3. Amendment. FWCC Chapter 22, Article XVIII, "Supplementary District Regulations," is amended as set forth in the attached Exhibit A. Ord No. 08 — , Page 2 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 validity of its application to any 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 be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the day of , 2008. APPROVED: Mayor, Jack Dovey ATTEST: City Clerk, Carol McNeilley, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: Ord No. 08 — , Page 3 Exhibit A Federal Way City Code Chapter 22, Article XIII Division 3, "Development Activities and Heavy Equipment Operations" 22-1006 Limitations. (a) General. It is a violation of this chapter to engage in any development activity or to operate any heavy equipment between the hours of 8:00 p.m. and 7:00 a.m. weekdays, and 8:00 p.m. Friday through 9:00 a.m. Saturday. No development activity or use of heavy equipment may occur after 8:00 p.m. Saturday, or at any time on Sundays or holidays observed by the city. (b) Exception. The director of community development may grant revocable, written permission to engage in a development activity or to operate heavy equipment outside the hourly limits set forth in subsection (a) between the hours of 8:00 p and 7.00 ., on Meaday d1,.,,ug Fr -id,., and p.m. Friday dffeug n:nn a.m. e., day, or- 4e o:nn eT- helidE�ys observed by the eit if such activity this will not interfere with any residential use permitted in the zone in which it is located. (Ord. No. 90-43, § 2(115.25), 2-27-90; Ord. No. 99-341, § 3, 5-4-99) K:\2008 Code Amendments\Construction Hours\LUTC\Draft Adoption Ordinance.doc Ord No. 08 — , Page 4 CITY OF FEDERAL WAY PLANNING COMMISSION DRAFT October 15, 2008 City Hall 7:00 p.m. Council Chambers Commissioners present: Merle Pfeifer, Lawson Bronson, Wayne Carlson, and Sarady Long. Commissioners absent: Bill Drake, Tom Medhurst, and Hope Elder (excused). Alternate Commissioners present: Tim O'Neil and Kevin King. Alternate Commissioners absent: none. Staff present: Planning Manager Isaac Conlen, Senior Planner Margaret Clark, Associate Planner Matthew Herrera, Assistant City Attorney Peter Beckwith, and Administrative Assistant E. Tina Piety. Chairman Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of September 17, 2008, were approved. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS PUBLIC HEARING — Construction Hours Code Amendment Mr. Herrera delivered the staff presentation. The proposed amendment would allow the Director of Community Development Services to give revocable permission to allow development activity and heavy equipment operation beyond the permitted hours. No comments have been received on this proposal. According to the Federal Way City Code (FWCC): "Development activity means any work, condition or activity which requires a permit or approval under this chapter [Chapter 22 `Zoning] or the city building code. Heavy equipment means high capacity mechanical devices for moving earth or other materials..." (e.g., cranes, trench diggers, tractors over 80 hp, augers, concrete mixers, etc.). Development activity and heavy equipment operation is allowed between 7:00 a.m. to 8:00 p.m. Monday through Friday and on Saturdays between 9:00 a.m. to 8:00 p.m. Currently the Director of Community Development Services may give revocable permission for the overnight hours Monday through Friday and between 9:00 a.m. to 8:00 p.m. on Sundays and holidays. No development activity and heavy equipment operation is allowed during the nighttime hours of Saturday and nighttime and early morning hours of Sundays and holidays. The proposed amendment would maintain the current permitted hours of 7:00 a.m. to 8:00 p.m. Monday through Friday and on Saturdays between 9:00 a.m. to 8:00 p.m. In addition, it would allow the Director of Community Development Services to give revocable permission to allow development activity and heavy equipment operation for all hours beyond the permitted hours. C\Documents and Settings\matth\Local Settings\Temporaryintemet Files\Content.Outlook\LIMCF8V\Meeting Summary 10-15-08.doc Planning Commission Minutes Page 2 October 15, 2008 As a result of this proposed code amendment, city staff believes that construction activities will be completed in less time; that more off-peak hours work will mean less on -peak hours work; and the overall impact to the community will be less. Permission to work beyond the permitted hours may be revoked if the city receives complaints. There was no public comment. Commissioner Bronson asked if industry people received notice of this issue and meeting. Ms. Clark replied notice of the meeting was published in the paper and on the city's website. Commissioner Carlson commented that he supports the proposal. He believes it will help developers get more done in less time. He asked what threshold the director will use when deciding if a complaint has merit. Mr. Herrera replied that city has adopted the Washington Administrative Code noise standards. The director could give revocable permission to development activity, but not heavy equipment operation. This would allow some work (such as prep work) to be accomplished without a lot of noise. Commissioner Long asked if the proposed amendment would apply to Public Works projects. Mr. Herrera replied that yes, it would. Staff envisions this proposed amendment would mainly be used for larger projects, such as the Pacific Highway South project. Commissioner King asked if staff has any examples under the current code of permission that has been revoked. Mr. Herrera replied that the staff keeps a record of projects that have been given permission under the current code and to -date, none has been revoked. Chair Pfeifer commented that he strongly favors this proposed amendment. For two years, the city worked on the Pacific Highway South project in front of his business. During the holidays, he and other business owners joined together to request the city to give permission to work during evenings, weekends, and holidays to complete portions of the project (such as paving) sooner and thereby give better access to their businesses. Under the current code, the city was unable to grant their request, while the proposed amendment would allow the request to be granted. Commissioner Carlson moved (and it was seconded) to adopt the proposed amendment as recommended by staff. Commissioner Bronson commented that he does not support the amendment. He stated that there is too little protected quiet time at present and he does not favor reducing what little protected quiet time remains. The vote was held with three yes and one no; the motion fails. According to FWCC Section 22-539(a)(1), a proposal may only be adopted by majority vote of the entire membership (four of seven members). Since the Commission was unable to adopt the proposal, according to FWCC Section 22- 539(a)(3), the proposal will be forwarded to the Land Use/Transportation Committee (LUTC) as a "no recommendation." The public hearing was closed. ADDITIONAL BUSINESS Ms. Clark informed the Commission that the next meeting will be November 5, 2008, and there will be two public hearing issues: FWCC Reorganization and Clearing, Grading, and Tree Retention Code Amendment or a study session on Traffic Impact Fees in lieu of the public hearing on the Clearing, Grading, and Tree Retention Code Amendment. The Outside Storage Containers Code Amendment will go to the City Council on October 21, 2008, for first reading. The Portable Signs Code Amendment will go to the City Council on October 21, 2008, for second reading. The LUTC and Council as a whole have made some changes to the Portable Signs Code Amendment. The code section that allows 10 off-site real estate signs was deleted and the Planning Commission's recommendation of allowing 8 open house signs in the public right-of-way was changed to 10 open house signs. The hours were changed from the Planning Commissions' recommendation of sunrise to sunset to 9:00 a.m. to sunset. Finally, a regulation was added that signs are to have contact information on them. Commissioner Carlson stated that he will be out of town on November 5tl'. AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 7:30 p.m. Ce\Documents and Settings\rnatth\L.ocal Settings\Temporary Internet Files\Content.Outlook\LLX2CF8V\Meeting Sununary 10-15-08.doc 41k CITY OF 10i�� Federal Way STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way City Code (FWCC) Chapter 22, Article XIII, "Supplementary District Regulations" Division 3. Development Activities and Heavy Equipment Operations File No. 08-100621-00-UP/08-103601-00-SE Planning Commission Meeting, October 15, 2008 I. BACKGROUND The City's current regulations regarding development activities and heavy equipment operations (Exhibit A) allow such actions to take place during the daytime hours of Monday through Saturday. With permission granted by the Director of Community Development, the above -referenced construction activities may take place during the hours that are not expressly permitted, with the exception of after the hours of 8:00 p.m. on weekends and holidays. Current regulations do not allow the Director to grant permission of development activities and heavy equipment operations after the hours of 8:00 p.m. on weekends and holidays as referenced in the enclosed matrix (Exhibit B). II. DISCUSSION The Federal Way City Code (FWCC) 22-1 provides definitions for the actions described above: Development activity means any work, condition, or activity which requires a permit or approval under this chapter or the city building code. Heavy equipment means high capacity mechanical devices for moving earth or other materials, mobile power units, including but not limited to carryalls, graders, loading/unloading devices, cranes, drag lines, trench diggers, tractors over 80 hp, augers, caterpillars, concrete mixers and conveyors, harvesters, combines, or other major agricultural equipment, and similar devices operated by mechanical power as distinguished from manpower. These types of construction activities are common with commercial and subdivision development, road improvements, and public utility activities. By not allowing the Director of Community Development Services to grant revocable permission to allow work during the above -referenced hours, construction activities take longer to complete. Allowing applicants to receive a waiver to continue their development activities and heavy equipment operations during nighttime hours of weekends and holidays will reduce overall construction time and impacts to surrounding neighborhoods. In addition, utilizing these "off-peak" traffic hours will reduce the amount of congestion often associated with construction activities. If these activities are found to cause adverse impacts to neighboring residential uses, the Director may revoke permission to work as prescribed in existing code language. III. PROPOSED CODE AMENDMENT The draft code amendment is referenced below and enclosed as (Exhibit Q. Language proposed to be deleted is shown as sir-ikeet}t and proposed new language is shown as underline. Amendments are being proposed to Section 22-1006 as follows: (b) Exception. The director of community development may grant revocable, written permission to engage in a development activity or to operate heavy equipment outside the hourly limits set forth in subsection (a) between the hours of Q.nn p.m. and 7.00 .. „ r,renda . +t,,., ugh Friday and 8 -.nn p.m. Friday flffeugh 9.-QQ a.m. Satffday, eT- from 9!00 a.m. to 8.00 p.m. on Sundays or- helid ebser-vedby the-eity if such activity this will not interfere with any residential use permitted in the zone in which it is located. IV. STAFF RECOMMENDATION Staff recommends that the code amendment as outlined in Section III above and enclosed as Exhibit C be recommended for approval to the City Council. V. REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528. 3. To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. VI. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. The proposed FWCC text amendment is consistent with the following Federal Way Comprehensive Plan (FWCP) goals: PUG -1 Work with private utility companies to allow them to provide full and timely service that meets the needs of the City's residents and businesses, both present and future. PUG -2 Work with private utility companies to allow them to provide service in away that balances cost-effectiveness with environmental protection, aesthetic impact, public safety, and public health. Staff Report to the Planning Commission Page 2 Development Activities and Heavy Equipment Operations File No. 08-100621-00-UP/nog. I.v.46456 TG -2 Provide a safe, efficient, convenient, and financially sustainable transportation system with sufficient capacity to move people, goods, and services at an acceptable level of service. The City shall develop and adopt policies for the construction, reconstruction, maintenance, and preservation of new and existing facilities. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWCC text amendments bear a relationship to the public health, safety, and welfare as the amendment will decrease the overall time needed to complete construction projects and allows the Director to revoke permission to work if conditions are not met. 3. The proposed amendment is in the best interest of the residents of the City. The proposed FWCC text amendments are in the best interest of the residents of the City as they shorten overall construction times and will provide additional hours of "off-peak" construction that will not adversely affect traffic patterns throughout the City. VII. PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modified; Recommend to City Council that the proposed FWCC text amendments not be adopted; or 4. Forward the proposed FWCC text amendments to City Council without a recommendation. EXHIBITS Exhibit A Existing Code Language — Chapter 22, Article XIII, "Supplementary District Regulations," Division 3, "Development Activities and Heavy Equipment Operations" Exhibit B Work Hour Matrix Exhibit C Proposed Code Language — Chapter 22, Article XIII, "Supplementary District Regulations," Division 3, "Development Activities and Heavy Equipment Operations" Report Prepared by: Matthew Herrera, Associate Planner Staff Report to the Planning Commission Page 3 Development Activities and Heavy Equipment Operations File No. 08-100621-00-UP/Doc. i.o.46456 EXHIBIT A Existing Code Language Federal Way City Code Chapter 22, Article XIII Division 3, "Development Activities and Heavy Equipment Operations" 22-1006 Limitations. (a) General. It is a violation of this chapter to engage in any development activity or to operate any heavy equipment between the hours of 8:00 p.m. and 7:00 a.m. weekdays, and 8:00 p.m. Friday through 9:00 a.m. Saturday. No development activity or use of heavy equipment may occur after 8:00 p.m. Saturday, or at any time on Sundays or holidays observed by the city. (b) Exception. The director of community development may grant revocable, written permission to engage in a development activity or to operate heavy equipment between the hours of 8:00 p.m. and 7:00 a.m. on Monday through Friday and 8:00 p.m. Friday through 9:00 a.m. Saturday, or from 9:00 a.m. to 8:00 p.m. on Sundays or holidays observed by the city if this will not interfere with any residential use permitted in the zone in which it is located. (Ord. No. 90-43, § 2(115.25), 2-27-90; Ord. No. 99-341, § 3, 5-4- 99) W N Z N U) W W 0 Z Z 0 D H N 2 V U. U) 0 w W CL w U Z Q Z O CO U a v Z O 0 0 CO LLJ � U U ZQ L U 00 } > O Q > W O Of z 0 w w 0 O O Q U Q Q z 0 U) z O O w a. 0 0 o Z w w w a a. 2L >> w w Q Q _ = Q a a H H F- > Q c F - Q Q Z W ZZ 2 a- 2 2 O 'w O 0 > LU 0 w w O 0 cl Z s W N Z N U) W W 0 Z Z 0 D H N 2 V U. U) 0 w W CL w U Z Q Z O CO U a v Z O 0 0 CO LLJ � U U ZQ L U 00 } > O Q > W O Of z 0 w w 0 O O Q U Q Q z 0 U) z O O w a. 0 0 o Z w w w a a. 2L >> w w Q Q _ = Q a a H H F- > Q c F - Q Q Z W ZZ 2 a- 2 2 O 'w O 0 > LU 0 w w O 0 cl Z EXHIBIT C Proposed Code Language Federal Way City Code Chapter 22, Article XIII Division 3, "Development Activities and Heavy Equipment Operations" 22-1006 Limitations. (a) General. It is a violation of this chapter to engage in any development activity or to operate any heavy equipment between the hours of 8:00 p.m. and 7:00 a.m. weekdays, and 8:00 p.m. Friday through 9:00 a.m. Saturday. No development activity or use of heavy equipment may occur after 8:00 p.m. Saturday, or at any time on Sundays or holidays observed by the city. (b) Exception. The director of community development may grant revocable, written permission to engage in a development activity or to operate heavy equipment outside the hourly limits set forth in subsection (a) . r,renda . thfough F.Fi .,y and 8.00 „ Friday tt,,.,,,,g 9!00 ., e.,+,,,.a.,<. fr-em 9:00 if such activity tWs will not interfere with any residential use permitted in the zone in which it is located. (Ord. No. 90- 43, § 2(115.25), 2-27-90; Ord. No. 99-341, § 3, 5-4-99) COUNCIL MEETING DATE: November 18, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Pacific Highway South HOV Lanes Phase IV (Dash Pt Rd to S 312th St) Project - 85% Design Status Report POLICY QUESTION: Should the Council authorize staff to proceed with design of the Pacific Highway South HOV Lanes Phase IV Project and return to the Council at the 100% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 3, 2008 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ` ❑ /Other STAFF REPORT BY_Marwan Salloum, P.E_, Acting Deputy Public Works Director"DEPT: Public Works ATTACHMENTS: Memorandum to Land Use and Transportation Committee dated November 3, 2008. OPTIONS CONSIDERED: 1) Authorize staff to proceed with design of the Pacific Highway South HOV Lanes Phase IV- Dash Point Road to a) S 312th Street widening improvement project and return to the LUTC Committee at the 100% design completion stage for further reports and authorization. 2) Do not authorize staff to proceed with the present design of this project and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Option 1 be forwarded to the November 18, 2008 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: Council DIRECTOR APPROVAL: Council COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the November 18, 2008 City Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: "I move to direct staff to proceed with design of the Pacific Highway South HOV Lanes Phase IV- Dash Point Road to South 3126' Street widening improvement project and return to the LUTC Committee at the 100% design completion stage for further reports and authorization. (BELOWTO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 3, 2008 TO: Land Use and Transportation Committee VIA: Cary M. Roe, P.E., Assistant City Manager, C.O.O., Emergen Mana er FROM: M an Salloum, P.E., Acting Deputy Public Works Directors? JJ*Roberts, P.E., Street Systems Project Engineer Pacific Highway South HOV Lanes Phase IV Project; SUBJECT: (18th Avenue S to S 312"' Street) - 85% Status Report BACKGROUND: The Pacific Highway South HOV Lanes Phase IV - Dash Point Road to South 312th Street widening improvement project includes adding HOV lanes north and southbound, adding curb gutter and sidewalk, lighting, landscaping, planted medians, left turn movements restricted to intersections, and consolidating driveways where possible. The purpose of the project is to improve aesthetics, improve traffic flow and reduce accidents by eliminating conflicts and to promote transit and carpool use. An average of more than 30,000 vehicles a day uses this section of Pacific Highway South, which operates over capacity. In an effort to reduce costs and public disruption, the following planned projects will be incorporated into the design and will be constructed as part of this project: • Lakehaven Utility District Water and Sewer Utility Adjustment • Utility Underground Conversion within project limits The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: • Topographical Surveys • Interlocal Agreement with Lakehaven Utility District for Water and Sewer line relocation/replacement design and construction (draft copy attached) • Utility Underground Conversion Design Agreement with Puget Sound Energy within project limits • NEPA and Biological Assessment Documentations • The Geotechnical Investigation • The Environmental Site Assessment (ESA) Phase I • First Open House for the Project held October, 2007 • Value Engineering Study • Environmental Site Assessment (ESA) Phase II • NEPA and Biological Assessment Determination and Project Permitting • Driveway Consolidation Studies • Project Design to 85% Ongoing Tasks Include: • Channelization plans • Second Open House for the Project will be held November 6, 2008 • Joint Utility Trench Design • Lakehaven Utility District Water and Sewer Utility Design • Right of Way Requirements (Property Appraisals, Review Appraisals, Negotiation, and Acquisition) • Project Design to 100% PROJECT EXPENDITURES: Planning and Design $ 1,500,000 Right of Way Acquisition 3,500,000 Year 2010 Construction 12,800,000 10% Construction Contingency 1,280,000 Construction Management (12.5%) 1,600,000 Underground Conversion (PSE) 450,000 WSDOT Administrative Cost 50,000 City Project Engineer 100,000 TOTAL PROJECT COSTS $21,280,000 AVAILABLE FUNDING: Total Grant Funding Mitigation Fund Budgeted City Fund "REET" (Year 2005) Budgeted City Fund "Misc CIP Transfer" (Year 2007) Budgeted City Fund "Utility Tax" (Year 2008) Qwest Undergrounding Lakehaven Utility Relocation Comcast Undergrounding Interest Earnings $15,617,693 (TIB $8,177,109, Federal $7,440,584) 480,076 550,000 500,000 500,000 45,000 375,000 40,000 20,364 TOTAL AVAILABLE BUDGET $18,228,133 PROJECT BUDGET SHORTFALL ($3,051,867) At this time the project budget has a funding shortfall of $3,051,867. As part of the 2009/2010 budget staff will be requesting additional City funding for the project in the amount of $3,000,000. As we proceed with the project design and right of way acquisition process, the total project costs including anticipated cost escalation for project construction in 2010 will be refined and presented to the Committee and Council at the 100% design completion status report for further action. cc: Project File Day File COUNCIL MEETING DATE: November 18, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Interlocal Agreement with Lakehaven Utility District for the design and construction of S356th at SR 99 Intersection Improvement project POLICY QUESTION: Should the Council authorize the City Manager to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the South 356` Street at SR 99 Intersection Improvements Project? COMMITTEE: Land Use and Transportation Committee MEETING DATE: Nov. 3, 2008 CATEGORY: ® Consent ® Ordinance [Public Hearing ❑ City Council Business ❑ Resolution , [ether STAFF REPORT BY: Marwan Salloum, P.E., Acting Dept Public Works Director DEPT: Public Works Attachments: 1. Memorandum to Land Use and Transportation Committee dated November 3, 2008 2. Interlocal Agreement with Lakehaven Utility District Options Considered: 1. Authorize the City Manager to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the South 356th Street at SR 99 Intersection Improvements Project. 2. Do not authorize the City Manager to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the South 3566' Street at SR 99 Intersection Improvements Project and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Option 1 be forwarded to the November 18, 2008 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: —� %DIRECTOR APPROVAL: L✓`� Council Co Committee Council COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the November 18, 2008 City Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: "I move to authorize the City Manager to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the South 356`h Street at SR 99 Intersectin Improvements Project. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: November 3, 2008 TO: Land Use and Transportation Committee VIA: Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency Manager d,40�1- FROM• Marwan Salloum, P.E., Street Systems Manager John Mulkey, P.E., Street Systems Project Engineer j;W " SUBJECT: Interlocal Agreement with Lakehaven Utility District for the Design and Construction of S 356th at SR 99 Intersection Improvement Project BACKGROUND: Lakehaven Utility District requested the City to enter into an interlocal agreement for the design and construction of a section of water main replacement and adjustment of Water and Sanitary Sewer facilities as part of the S 35601 Street at SR99 Intersection Improvements Project in an effort to reduce both cost and extended public disruption of the area. A copy of the proposed agreement is attached to this memo. The estimated cost of the interlocal agreement is $136,523.00 and includes the cost for bidding document incorporation, construction, construction management and project administration. Actual construction costs incurred will be used to calculate the final cost of Lakehaven Utility District's reimbursement to the City. After recording, return to: City of Federal Way Attn: John Mulkey, Public Works Department 333258 th Avenue S Federal Way, WA 98003 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE SOUTH 356TH STREET AT SR 99 INTERSECTION IMPROVEMENTS THIS AGREEMENT is made and entered into this day of , 2008, by and between the City of Federal Way (hereinafter "City") and Lakehaven Utility District (hereinafter "District"), collectively referred to herein as the "Parties". WHEREAS, the City proposes to proceed with the South 356"' Street at SR 99 Intersection Improvements Project (hereinafter "Project"); and WHEREAS, the District provides water and sewer service in the general area of the Project in accordance with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, in connection with the roadway improvements being undertaken by the City, the District will be required to relocate certain water and sanitary sewer facilities such as fire hydrants, valves, water meters, etc.; resolve any waterline/utility conflicts; and adjust sewer manholes, within the Project area; and WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, the District can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for the District, including letting a public works construction contract for the installation of the water improvements in connection with the Project (hereinafter "District Work"), and providing construction management services in support thereof, as described in Exhibit A, attached hereto and incorporated herein by this reference; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: FINAL DESIGN. The District agrees that the City's design contractor, HDR Inc., shall perform final design work for the Project in accordance with Exhibit A. The District shall reimburse the City for reproducible construction drawings, special contract provisions, and other necessary documents, which shall sufficiently detail requirements for the District Work to become a part of the plans and specifications for the Project. BIDDING AND CONSTRUCTION. A. It is the intention of the City and the District that the District plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. B. Following opening of construction bids on the Project, the District shall be furnished with the bid responses submitted for the District Work for the District's approval. Within twenty days of receiving the bid prices, the District shall notify the City in writing that the District either approves or rejects their portion of the bid award. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed with the District Work until the City has received approval from the District for its portion of the bid award; provided, however: if no bids are received which, in the estimation of the District, are acceptable to the District for the District Work, the District shall so immediately notify the City. The District Work shall be deleted from the project contract and, in this event; the City shall proceed with its portion of the Project. This Interlocal Agreement shall terminate effective the date of the District's notice to the City of the District's rejection of all bids. III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The District grants to the City Public Works Director and/or his or her designee authority to act on behalf of the District sufficient to carry out the provisions of this Agreement. B. The District shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the District Work, which changes shall be made, if feasible. The City shall notify the District, in writing, of any changes required of the District Work and shall obtain the District's approval of such changes. The District's approval shall not be unreasonably withheld. The District shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the District. IV. PAYMENT. A. The District shall reimburse the City for all costs incurred by the City in performing the District Work, which costs shall include but are not limited to the District Work performed by the Project contractor(s), all District requested changes, and the District's cost of the City services described in Paragraph III (a) herein, and as described in Exhibit B. B. All payments shall be due from the District to the City within thirty (30) days after approval by the District's General Manager or his/her designee of said sums billed to the District. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold the District, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. The District agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its agents or employees, or by District's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until either (1) the District rejects all bids or (2) the City Council accepts the completion of the project, whichever is earlier. VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. B. Upon completion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a final invoice to the District for any final payment due. The District's payment of this final invoice shall, in effect, transfer ownership of these water and sewer mains and appurtenances to the District and the District shall thereafter be responsible for maintenance of such facilities. C. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. This Agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and District. Adherence to deadline dates is essential to the performance of this Interlocal Agreement. E. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY Cary M. Roe, P.E. Assistant City Manager/ Chief Operation Officer/ Emergency Manager APPROVED AS TO FORM: Patricia A. Richardson, City Attorney ATTEST: Carol McNeilly, City Clerk LAKEHAVEN UTILITY DISTRICT Donald T. Pert' General Manager APPROVED AS TO FORM: General Counsel Exhibit A SCOPE OF WORK City of Federal Way South 356th / SR 99 Intersection Improvement Project (For Lakehaven Utility District Water VIA INTERLOCAL AGREEMENT) The following scope of work covers water main relocation on the City of Federal Way AG 04-096, South 356th Street at SR 99 Intersection Improvements Project. General Assumptions All work performed on this project under this supplement shall be as directed by the CITY's Public Works Director and/or assignee and requirements of Sections I thru VI of the original supplemented scope of services. VII. WORK TASKS Section VII of the original supplemented scope of services is supplemented with the following: Task 1 — Project Management / CONSULTANT COORDINATION 1.1— Project Reporting/Project Management Consultant shall coordinate with the CITY to facilitate progress and provide timely completion of the work. Communication will be primarily via e-mail and phone. Two (1) meetings are anticipated with CITY staff. Task 16 — Lakehaven Utility District (LUD) Assessment Task 16 shall be supplemented with the following: Task 16.6 - Watermain Upgrade CONSULTANT shall update plans to include a water main, water valves, service connection, and a blowoff assembly along the Pacific Highway (SR 99) between Sta. "P" 59+41 (RT) and Sta. "P" 62+24 (RT). CONSULTANT shall include installation of water meter at Sta. "P" 59+46 (63' RT) and extend the service line to tie to an existing private service line on the parcel located in the southeast quadrant of the 356th St./SR 99 intersection. CONSULTANT shall update the cost estimate and contract special provisions to include Lakehaven Standard Specifications for installation/upgrade of the existing watermain, water valves, meter, service connection, and blowoff assembly and required appurentances. Schedule 1. The City's roadway design has already been completed to the 99 percent design level. The CONSULTANT will commence work on the water line design immediately upon a receipt of a notice to proceed form the City of Federal Way (note that this requires Lakehaven Utility District provide notice to proceed to the City through the Interlocal Agency Agreement). The 100 percent PS&E will be delivered to the City and District as soon as possible after the CONSUTLANT receives the notice to proceed. 2. The City and District will review the 100 percent PS&E and return comments back to the CONSULTANT no more than 2 weeks after submittal. Comments received after this date may not be incorporated into the Final Contract Documents without a contract modification. 3. Final PS&E submittal will be prepared approximately 2 weeks after comments are received from the City and District. Deliverables The CONSULTANT will assemble and provide the following items to the City: • Revised final roadway plans to include a water main, water valves, a service connection, and a blowoff assembly along the Pacific Highway (SR 99) between Sta. "P" 59+41 (RT) and Sta. "P" 62+24 (RT). • Revised final roadway plans to include relocation of a private water service line and meter to connect to the proposed meter location at Sta. "P" 59+46 (RT) for the property on the southeast quadrant of the intersection. • Included applicable Lakehaven Utility District Special Provision into contract for water main and appurtenances. • Final Estimate and quantities to reflect addition of water main, water valves, meter, service connection, and blowoff assembly. Assumptions Utility record drawings are not included in this scope and fee because construction services are not included in this contract. Existing waterline is asbestos -cement (AC) so there will be special provisions required for handling of AC water main. It is assumed that all base mapping, surveying, and utility coordination already performed as a part of this contract is adequate and no additional effort in these areas is included in this amendment. Final design assumes that the outline of work made in HDR Inc.'s letter to the City of Federal Way, dated October 24, 2008 will not substantially change. Changes to water main alignment will be considered additional work and outside the Scope of Work. The Districts document titled "Water and Sewer System Design and Construction Standards" dated September 1995 shall be suitable for inserting into the construction bid/contract documents without revision. The District's representative with respect to services to be rendered under the Agreement shall be. John Lee. The CONSULTANT makes no guarantee as to the accuracy of pothole data provided by Lakehaven Utility District. The CONSULTANT has no knowledge of modifications to existing valves, or differing valve models used that may affect the dimension from the operating nut to the centerline of the water main. In providing opinions of Cost, financial analyses, economic feasibility projections and schedules for the project the CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment of structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost of schedule. Therefore the CONSULTANT makes no warranty that Lakehaven Utility District's actual project costs, financial aspects, economic feasibility, or schedules will not vary form the CONSULTANT's opinions, analyses, projects, or estimates. EXHIBIT B SOUTH 356'h STREET AT SR 99 INTERSECTION IMPROVEMENTS ESTIMATED FINAL DESIGN, CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING LAKEHAVEN UTILITY DISTRICT UTILITY RELOCATION AND ADJUSTMENTS ESTIMATED FINAL DESIGN COST Estimated final design costs for Lakehaven utility relocations VDR, Inc.) ESTIMATED CONSTRUCTION COSTS Subtotal Construction Sales Tax @ 9.0% of Construction Cost Subtotal Construction Including Sales Tax Construction Contingency (10% of Construction cost.) Construction Management (12.5% of Construction cost.) ESTIMATED TOTAL CONSTRUCTION COST ESTIMATED PROJECT COST (Final Design & Construction) Project Administration (5% of project cost) TOTAL ESTIMATED COST $7,440 $91,805 $8,262 $100,067 $10,007 $12,508 $122,582 $130,022 $6,501 $136,523 Costs presented are estimates only. Actual costs incurred will be used to calculate final cost of Lakehaven Utility District's utility relocation portion for reimbursement to the City. Page 1 K:\STREETS\PROJECTSM56 at SR 99\L,UD\LUD Design and Constr ILA Exhibit B (S 356 a SR 99).doc