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Council PKT 04-07-2009 Special/Regular ,~ Federal Way AGENDA APRIL 7, 2009 FEDERAL WAY CITY COUNCIL SPECIAL & REGULAR MEETING Council Chambers - City Hall www.citvoffederalwaV.com SPECIAL MEETING - 5:30 P.M. 1. CALL MEETING TO ORDER 2. enterpriseSEATTLE ECONOMIC DEVELOPMENT 3. EXECUTIVE SESSION: a. Potential Litigation Pursuant to RCW 42.30.110(1 )(i) b. Property Acquisition Purusant to RCW 42.30.110(1 )(b) 4. ADJOURN REGULAR MEETING - 7:00 P.M. 1. CALL MEETING TO ORDER 2. PLEDGE OF AL~EGIANCE 3. PRESENTATIONS a. Federal Way High School Boys & Girls Basketball Teams - Recipients of Mayoral Certificate of Achievement b, Certificate of Appointment: Independent Salary Commission c. City Manager Emerging Issues & New Employee Introductions 1. Growth Target Process- SCA Buildable Lands Manager, Michael Hubner 2. Long-Range Planning 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP & PRESENT IT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come fOfWard to the podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are othefWise inappropriate. City Council Agenda April 7, 2009 Special and Regular Meetings 5. CONSENT AGENDA** Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: March 17, 2009 Special and Regular Meetings (page 3) b. Vouchers (FEDRAC 3-24-2009) (page 13) c. Monthly Financial Report (FEDRAC 3-24-2009) (page 50) d. ORDINANCE: RV's in Residential Zones Code Amendments (LUTC3-2-2009; 1st Reading 3-17-09) (page 64) e. ORDINANCE: Construction Hours Code Amendments (LUTC 3-2-2009; 1st Reading 3-17-09) (page 80) f. ORDINANCE: Public Defense Standards and Acceptance of $20,000 Grant from Washington State Office of Public Defense (FEDRAC 2-24-2009; 1st Reading 3-17-09) (page 89) g. ORDINANCE: Adoptina .Cleari~g, Grading, and Tree and Vegetation Retention Code Amendments (LUTC 3-2-20"69, 1st Readmg 3-17-09) (page 96) h. ORDINANCE: Adopting Code Amendments for Administration of Class IV-General Forest Practices Applications (LUTC 3-2-2009; 1st Reading 3-17-09) (page 180) i. 2007-2008 Pavement Markings Contract (LUTC3-16-2009) (page 194) j. RESOLUTION: Steel Lake Crest Preliminary Plat (LUTC3-16-2009) (page 196) k. Interlocal Agreement: Sharing Fiber Optic Installation (FEDRAC 3-24-2009) (page 447) 6. COUNCIL BUSINESS a. RFP for Knutzen Family Theatre Management (PRHSPSC 3-10-2009) (page 486) b. COP Hiring and Recovery Program (CHRP) (page 585) 7. CITY COUNCIL REPORTS 8. CITY MANAGER REPORT 9. EXECUTIVE SESSION: a. Potential Litigation Pursuant to RCW 42.30.110(1 )(i) b. Property Acquisition Pursuantto RCW 42.30.110(1 )(b) 10. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. **In an effort to "Think Green" 10.650 sheets of paper were saved by eliminating duplicate copies of the Consent Agenda supporting documents. City Council Agenda April 7, 2009 Special and Regular Meetings COUNCIL MEETING DATE: April 7, 2009 ................ ....._. ....._...__.......... ............................._ .......................................................................m..............._ ..........................................._...... ITEM #: Sa CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the Council approve the draft minutes of the March 17, 2009 Special and Regular Meetings? COMMITTEE: Not Applicable MEETING DATE: Not Applicable CATEGORY: tzI Consent D City Council Business ~!~!!~~Q~!~X:.!Y.l?~~P.p!~c:~~!~....m_ Attachments: Draft meeting minutes of the March 1 7, 2009 Special and Regular City Council Meetings. D Ordinance D Resolution D D Public Hearing Other DEPT:NotApplicabk Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION: Staff recommends approving the minutes as presented. CITY CLERK ApPROVAL: N/A DIRECTOR ApPROVAL: N/A N/A Committee Council Committee Council COMMITTEE RECOMMENDATION: Not Applicable PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # FEDERAL WAY CITY COUNCIL Council Chambers - City Hall SPECIAL MEETING MARCH 17, 2009- 5:30 pm 1. CALL MEETING TO ORDER Mayor Dovey called the Special Meeting to order at the hour of 5:36 pm. Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers Jeanne Burbidge, Dini Duclos, Jim Ferrell, Linda Kochmar, and Mike Park. Staff present: City Manger Neal Beats, City Attomey Pat Richardson, and Deputy City Clerk Stephanie Courtney. 2. BUDGET CARRY FORWARD AND LONG RANGE PLANNING A staff presentation was given by Assistant City Manager Bryant Enge and Finance Director Tho Kraus. The presentation outlined the current budget shortfalls and the estimated deficit in the upcoming years. Mr. Enge identified the figures are based on projections or "best guess scenarios" when compiling the numbers and percentage of increase in the economy in the next few years. Included in the report were revenues from property tax, sales tax and Real Estate Excise Tax (REET) as compared with city expenses. Councilmembers thanked staff for the presentation and asked for more information be brought and discussed at the Committee Level and then be brought back to Council for action. Councilmember further cautioned Mr. Enge to be conservative when calculating any type of increase in the economy. Mr. Enge stated he will gather additional information and projections based on questions asked tonight and this item will be placed on the next Finance, Economic Development, Regional Affairs Committee Meeting Agenda and will then be brought back for a future study session. 3. EXECUTIVE SESSION Potential Litigation RCW 42.30.110(1 )0) Council recessed into Executive Session at 6:35pm for the purpose of discussing Potential Litigation pursuant to RCW 42.30.110(1 )(i) for approximately 20 minutes with no action anticipated. Council returned to chambers at 6:55 pm. 4. ADJOURN Mayor Dovey adjourned the special meeting at 6:55 pm. Attest: Stephanie Courtney, Deputy City Clerk Approved by Council: Federal Way City Council Minutes March 17, 2009 Special Meeting - Page 1 of 1 DRAFT FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall MARCH 17, 2009 - 7:00 pm www.citvoffederalwaV.com 1. CALL MEETING TO ORDER Mayor Dovey called the regular meeting of the Federal Way City Council to order at the hour of 7:01 p.m. Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers Jeanne Burbidge, Dini Duclos, Jim Ferrell, Linda Kochmar, and Mike Park. Staff present: City Manager Neal Beets, City Attorney Pat Richardson, and Deputy City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Cub Scout Pack #307 presented the colors and led the flag salute. Mayor Dovey noted he would be willing to entertain a motion to hear public testimony related to the City Center Access Project under Council Business Item 6(c). MOTION MADE BY COUNCILMEMBER FERRELL TO ACCEPT PUBLIC COMMENT ON THE CITY CENTER ACCESS PROJECT UNDER COUNCIL BUSINESS ITEM 6{C)/CITY CENTER ACCESS PROJECT: APPROVAL OF RECOMMENDED ALTERNATIVE; SECOND BY COUNCILMEMBER KOCHMAR. The motion passed unanimously. 3. PRESENTATIONS a. Alma Bennett Open Space - Certificate of Renaming Councilmember Jeanne Burbidge presented the Certificate to Alma Bennett's son Ted and his family. Mr. Bennett thanked the Council, and recognized the efforts of H. David Kaplan who led this effort. b. Donation for K9 Vest from Ms. Ayako Gibb (PRHSPSC 3-10-2009) c. Donation for K9 Vest from Crestwood Animal Hospital (PRHSPSC 3-10-2009) Chief Wilson gave a presentation to Council noting the generous donations the K-9 unit has received to purchase the K-9 vest. He introduced Jennifer Ives and Dr. Norstrem from the Crestwood Animal Hospital who brought a check in the amount of $3022.; Mrs. Gibb who donated two separate checks of $500 each and the Lake Dolloff School who raised an additional $171. Chief Wilson further introduced the three canines in the K-9 unit and their officers. Mayor Dovey suggested those who donated get a picture with the officers. City Council Meeting Minutes March 17, 2009 - Page 1 of 8 DRAFT d. City Manager Emerging Issues & Introduction of New Employees City Manager Neal Beets stated there were no emerging issues to discuss or new employees to introduce this evening. 4. CITIZEN COMMENT Lois Watt spoke urging Council to approve the Laurelwood Park Donation, stating the community is unable to keep up on maintenance and taxes. H. David Kaplan, Chair of the Tourism Enhancement Grant Committee reminded of the upcoming deadline for Grant requests on March 31 st. He stated there is $45,000 in grant money to be awarded. Walter Backstrom, urged Council to re-think funding only two community liaisons for the Hispanic and the Korean communities. He urged Council to consider having an African American liaison position and a Senior Citizen liaison to aid those communities. Donald Barovic updated Council on his expansive property and tree farm. He urged the city to stop allowing storm water to drain into the streams as the salmon population is trying to make a comeback and that will hamper the progress. He further questioned the use of firearms in the deterrent of coyotes on his property. Carol Lee asked Council to look into prohibiting single alcoholic beverage purchases, similar to laws in neighboring communities. She noted her neighborhood is littered with bottles and she is concerned. Letter read into the record by the Deputy City Clerk: Sam Pace. of the Seattle-King County Association of Realtors urged Council to extend the life of short plats to seven years due to the stalled economy. He noted many contractors would have to start over if these permits are not allowed to be continued. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: March 3, 2009 Special and Regular Meetings -Approved b. On-Site Safe City Systems Maintenance and Support Agreement (FEDRAC 2-24- 09) -Approved c. ORDINANCE: Amendments to the Code Regarding the City Center Multi-Family Tax Exemption Provisions (FEDRAC 2-24-09, 1st Reading 3-3-09) -Approved Ord #09-606 d. Easter Lake Flood Control Improvements & West Branch Joes Creek Culvert Replacement Project- 100% Design Review and Request for Authorization to Bid (LUTC 3-2-09) -Approved e. Interlocal Agreement with Federal Way Public School District for S. 308th St. Memorial Stadium Driveway Improvements (To be constructed under Easter Lake Flood Control Improvements Project) - Request Authorization to Execute Agreement (LUTC 3-2-09) -Approved f. South 348th Street HOV Lanes - Project Acceptance (LUTC 3-2-09) -Approved City Council Meeting Minutes March 17, 2009 - Page 2 of 8 g. NPDES 2009 Annual Report and SWMP (LUTe 3-2-09) -Approved h. 2008 Bulletproof Vest Partnership Grant (PRHSPSe 3-10-2009)-Approved i. Interagency Agreement with Seattle PD, WASPC Grant, Gang Related Crime (PRHSPSC 3-10-2009) -Approved j. Laurelwood Property Donation (PRHSPSe 3-10-2009)-Pulled and Approved k. Forte Electric Retainage Release (PRHSPSe 3-10-2009) -Approved I. Federal Way Conference and Cultural Center (PRHSPSe 3-10-2009) -Approved Councilmember Kochmar pulled item O)/Laurelwood Property Donation. MOTION MADE BY DEPUTY MAYOR FAISON TO APPROVE ITEMS (a) - (i), (k), AND (I) AS PRESENTED; SECOND MADE BY COUNCILMEMBER DUCLOS. The motion passed unanimously. Councilmember Kochmar recused herself from Item 0). MOTION MADE BY COUNCILMEMBER BURBIDGE TO APPROVE ITEM O)/LAURELWOOD PROPERTY DONATION; SECOND BY COUNCILMEMBER DUCLOS. The motion passed 6- 0; Kochmar recused. 6. COUNCIL BUSINESS a. Commission Appointment: Independent Salary Commission MOTION MADE BY MAYOR DOVEY TO REAPPOINT RON SECRETO TO THE INDEPENDENT SALARY COMMISSION FOR A FOUR YEAR TERM; SECOND BY DEPUTY MAYOR ERIC FAISON. The motion passed unanimously. b. City Center Access Project: Approval of Recommended Alternative Mayor Dovey announced to the audience that the Council would not be making a decision at tonight's meeting, rather the Council would be scheduling a Town-Hall style meeting where citizens would have the opportunity to discuss their concerns with the Councilmembers and staff directly. Assistant City Manager Cary Roe gave a brief PowerPoint presentation to update citizens and Council where the project is currentl~. Mr. Roe reiterated the Council would not be making a decision on this item until the April 7 h or the 21st meeting. Following the presentation Council asked various questions regarding the project and it's relation to the triangle project timeline. Mayor Dovey then opened the item for Public Comment. Russell Miller. spoke in opposition to the project and asked Council make the city more pedestrian friendly by instead adding light rail, more buses and bike routes. Laurie Haaedorn. spoke in opposition to the 312th access option, and thanked the Council for having a town meeting for further discussions before making a decision. Don Denckla a Belmore Park resident spoke in support of the 312th option as the alternative on 324th is an exit to nowhere. He urged Council to move forward. City Council Meeting Minutes March 17, 2009 - Page 3 of 8 Roxanne Lappina spoke in opposition to the 312th access option, she noted the road is very dangerous and is used by pedestrians getting to and from the park. Bill Linehan spoke in support of the park, he agreed this isn't a neighborhood issue but a park that is used by the entire community and surrounding communities. He is in opposition to the 312th option that will impact the Steel Lake Park. Mary Helen Amberson. asked Council to dismiss Option #1 (31ih Access) from consideration, she noted the Park has wonderful memories for her and her family, and should be enjoyed for future generations. Carol Otto. asked Council to consider the 324th option and not the 312th Steel Lake Park access. Gary Anderson. spoke in opposition however, thanked Council for adding an additional open house for residents to voice their concerns and opinions about the City Center Access Project and the 31ih Option. . Maraaret Revner. spoke in opposition to the 31 ih option and an underpass, she feels this underpass would be a target for crime and would detract from the park that she feels is the City's Jewel. Scott Chase. supports the Council moving forward with a decision, he noted there have been numerous meetings and studies and he supports the alternatives to allow the city to grow and thrive. Robert Yount. said he was initially against the 312th option; however he understands the decisions being made have to be in the best interest of the city. He suggested isolating the park or potentially moving the entrance to the park. Julie Vance. spoke in opposition to the 31ih alternative and the city center project. She asked the Council to look at options that might have not yet been looked at. Neil Roe, resident of Belmore Park asked Council to dismiss Option #2 and the 324th access as it is an exit to nowhere. Susan Pearson, spoke in opposition to the 312th option. She asked Council what % of the lake side would be affected. She also thanked the Council for the Community Center which she uses multiple times a week. The Deputy City Clerk read into the record comments by Sallv Head, David and Eden Tones, and Clara McArthur who oppose the freeway off-ramp onto 31ih. Mayor Dovey asked staff to post information on the website regarding this updated information and restated there will be a Town Hall style meeting to take place prior to any decision made on this project. He noted the meeting will be held so that citizens will have a more informal chance to speak directly to individual Councilmembers regarding their concerns with the project. He stated the meeting is tentatively scheduled on April 2, 2009 however once the time and place are set they will advertise both on the website and locally. At 9:11 pm Mayor Dovey announced a brief five minute recess to allow citizens who are leaving to clear the room. Mayor Dovey reconvened the meeting at 9:15 p.m. City Council Meeting Minutes March 17, 2009 - Page 4 of 8 c. Red Light Photo Enforcement Program - 3 month update (PRHSPSC 3-10-2009) Chief Brian Wilson gave a brief presentation on the Photo Enforcement project, outlining the pros and cons of the program, how the program works and the revenue collected in the first three months. Chief reported in the first three months of the program 4,154 red light violations citations were issued. He further noted after vendor fees the net to the city is as follows: October 2008/$21,114.58; November 2008/ $59,043.00; and December 2008/ $78,802.50. Very few complaint calls have been received and the department has actually received a few calls in support of the program and higher compliance that these specific intersections. COUNCILMEMBER BURBIDGE MOVED APPROVAL OF THIS RED-LIGHT PHOTO STATUS REPORT FROM THE POLICE DEPARTMENT; SECOND BY COUNCILMEMBER DUCLOS. The motion passed unanimously. d. Finalize Federal Way Neighborhood Stabilization Program (PRHSPSC 3-10-2009) Human Services Manager Lynnette Hynden gave a brief presentation outlining the program. Ms. Hynden noted Federal Way is designated to receive $651,688 in Neighborhood Stabilization Program funding through the State of Washington. The federal funded program is intended exclusively for purchasing of foreclosed properties. Once ownership is transferred to the qualified low-to middle-income households, local communities will benefit by stabilizing the vacant housing stock in Federal Way. MOTION MADE BY COUNCILMEMBER BURBIDGE TO FINALIZE THE CITY OF FEDERAL WAY NEIGHBORHOOD STABILIZATION PROGRAM TO PROVIDE FINANCING MECHANISMS FOR HOMEBUYERS TO PURCHASE FORECLOSED RESIDENTIAL PROPERTIES IN THE CENSUS TRACTS IDENTIFIED AS HAVING A HIGH-RISK OF FORECLOSURE THROUGH AN AGREEMENT WITH THE WASHINGTON STATE HOUSING FINANCE COMMISSION. IT IS FURTHER MOVED THAT THE CITY MANAGER OR HIS DESIGNEE, BE AUTHORIZED TO ENTER INTO THE REQUIRED AGREEMENTS TO CARRY OUT FEDERAL WAY'S NEIGHBORHOOD STABILIZATION PROGRAM; SECOND MADE BY COUNCILMEMBER DUCLOS. The motion passed unanimously. e. 2009 Planning Commission and Long, Range Work Program (LUTe 3-2-09) No staff presentation was given on this item. MOTION MADE BY COUNCILMEMBER KOCH MAR TO APPROVE THE PLANNING COMMISSION WORK PLAN AND LONG RANGE PLAN WITH THE ADDITION OF EARMARKING $77,000 FOR ADDITIONAL PLANNING CONSULTANT SERVICES; SECOND MADE BY COUNCILMEMBER DUCLOS. After discussion, Council agreed in the light of the previous information given on the budget this evening, the Council would hold off for 30 days to reconsider the earmarking of additional dollars. For the purpose of clarifying Councilmember Duclos withdrew her second and Councilmember Kochmar restated the main motion. MOTION MADE BY COUNCILMEMBER KOCHMAR TO APPROVE THE PLANNING City Council Meeting Minutes March 17, 2009 - Page 5 of 8 COMMISSION WORK PLAN AND LONG RANGE PLAN AS PRESENTED; SECOND MADE BY COUNCILMEMBER DUCLOS. The motion passed unanimously. 7. INTRODUCTION AND FIRST READING OF ORDINANCES a. ORDINANCE: RV's in Residential Zones Code Amendments (LUTC 3-2-09) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO ALLOWING TEMPORARY OCCUPANCY OF A RECREATIONAL VEHICLE AT A RESIDENTIAL PROPERTY WHERE THE PRIMARY DWELLING UNIT HAS BEEN DAMAGED BY A DISASTER OR ACCIDENT AND DEEMED UNSAFE TO OCCUPY; AMENDING FEDERAL WAY CITY COOE(FWCC)CI-W'TER 22 "ZONING," ARTICLE '''IN GENERAL" SECTION 22-1 ; ARTICLE XII,"SUPPLEMENTARY DISTRICT REGULATIONS" SECTIONS 22-1112, 22-1135,22-1177, AND 22-1180. Ordinance title read into the record by Deputy City Clerk Stephanie Courtney. MOTION MADE BY COUNCILMEMBER KOCH MAR TO MOVE ORDINANCE/RV'S IN RESIDENTIAL ZONES CODE AMENDMENTS TO SECOND READING/ENACTMENT AT THE NEXT REGULAR CITY COUNCIL MEETING ON APRIL 7, 2009; SECOND BY COUNCILMEMBER DUCLOS. The motion passed unanimously. b. ORDINANCE: Construction Hours Code Amendments (LUTe 3-2-09) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY C'TY CODE (FWCC) CHAPTER 22, ARTICLE XIII , "SUPPLEMENTARY DISTRICT REGULATIONS," SECTION 22-1 006 RELATED TO DEVELOPMENT ACTIVITIES AND HEAVY EQUIPMENT OPERATIONS (AMENDING ORDINANCE NOS. 90-43 AND 99-341). Ordinance title read into the record by Deputy City Clerk Stephanie Courtney. MOTION MADE BY COUNCILMEMBER KOCHMAR TO MOVE ORDINANCE/CONSTRUCTION HOURS CODE AMENDMENT TO SECOND READING/ENACTMENT AT THE NEXT REGULAR CITY COUNCIL MEETING ON APRIL 7, 2009; SECOND BY COUNCILMEMBER DUCLOS. The motion passed unanimously. c. ORDINANCE: Public Defense Standards and Acceptance of $20,000 Grant from Washington State Office of Public Defense AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING STANDARDS FOR PUBLIC DEFENSE, ADDING A NEW CHAPTER TO THE FEDERAL WAY REVISED CODE. Ordinance title read into the record by Deputy City Clerk Stephanie Courtney. MOTION MADE BY COUNCILMEMBER PARK TO MOVE ORDINANCEIPUBLlC DEFENSE STANDARDS AND ACCEPTANCE OF $20,000 GRANT FROM WASHINGTON STATE OFFICE OF PUBLIC DEFENSE TO SECOND READING/ENACTMENT AT THE NEXT REGULAR CITY COUNCIL MEETING ON APRIL 7, 2009; SECOND BY DEPUTY MAYOR FAISON. The motion passed unanimously. d. ORDINANCE: Adopting Clearing, Grading, and Tree and Vegetation Retention Code Amendments (LUTC 2-23-09) AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO FOREST PRACTICES REGULATIONS; ADDING NEW SECTIONS TO FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE XIII, DIVISION 7 [FWRC 19.120] Ordinance title read into the record by Deputy City Clerk Stephanie Courtney. City Council Meeting Minutes March 17, 2009 - Page 6 of 8 MOTION MADE BY COUNCILMEMBER KOCHMAR TO MOVE ORDINANCE: ADOPTING CLEARING, GRADING, AND TREE AND VEGETATION RETENTION CODE AMENDMENTS TO SECOND READING/ENACTMENT AT THE NEXT REGULAR CITY COUNCIL MEETING ON APRIL 7, 2009; SECOND BY COUNCILMEMBER DUCLOS. The motion passed unanimously. e. ORDINANCE: Adopting Code Amendments for Administration of Class IV- General Forest Practices Applications (LUTC 2-23-09) AN ORDINANCE OF TH E CITY OF FEDERAL WAY, WASHINGTON, RELATING TO LAND MODIFICATION INCLUDING CLEARING, GRADING, AND TREE AND VEGITATION RETENTION; AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTERS 20 AND 22, SECTIONS 20-83, 20- 111,20-154,22-1,22-33,22-1133,22-1561,22-1562,22-1563,22-1564,22-1569,22-1570, 22-1634,22-1635,AND 22-1638; ADDING NEW SECTINOS TO CHAPTER 22 ARTICLE XIII, AND REPEALING SECTIONS 20-179, 20-186, 22-962, 22-1091, 22-1092,22-1093,22-1094,22-1095,22-1568. Ordinance title read into the record by Deputy City Clerk Stephanie Courtney. MOTION MADE BY COUNCILMEMBER KOCHMAR TO MOVE ORDINANCE/ADOPTING CODE AMENDMENTS FOR ADMINISTRATION OF CLASS IV-GENERAL FOREST PRACTICES APPLICATIONS TO SECOND READING/ENACTMENT AT THE NEXT REGULAR CITY COUNCIL MEETING ON APRIL 7, 2009; SECOND BY COUNCILMEMBER DUCLOS. The motion passed unanimously. 8. CITY COUNCIL REPORTS Councilmember Ferrell had no report this evening. Councilmember Duclos reported on her attendance at a meeting last Friday where they discussed Long Range Planning and the reduction or elimination of recyclable materials. Councilmember Burbidge announced the next meeting of the Parks, Recreation, Human Services, and Public Safety Committee will be April 14th at 5:30 pm in the Hylebos Room. She reported on her attendance at various regional committees and complemented City Traffic Engineer Rick Perez on his presentation he did for the South County Area Transportation Board she attended. She further reminded everyone of upcoming local events and performances. Councilmember Kochmar wished everyone a Happy St. Patrick's Day, and thanked Mayor Dovey and Councilmember Burbidge for replacing her on the Puget Sound Regional Council due to her extra duties on Suburban Cities. She congratulated Mayor Jack Dovey on being named the City's Best Leader by the readers of the Federal Way Mirror. Councilmember Park announced the next meeting of the Finance, Economic Development, Regional Affairs Committee would be held on Tuesday, March 31st at 5:30 pm; and the City/Korean Community Meeting would be held at 6:30 pm on Thursday, March 19th. He further reported on his attendance at various regional meetings. Deputy Mayor Faison spoke in response to a citizen's comment tonight regarding his request to expand the city's liaison program to the senior and African American communities. Deputy Mayor stated the Korean liaison and the Hispanic liaison program are designed to aid citizens with a language barriers. City Council Meeting Minutes March 17, 2009 - Page 7 of 8 Mayor Dovey reported on his attendance at various community events and noted he would be attending the Mayor's Meeting with the Governor. He further noted he has various upcoming community and regional meetings next week representing Federal Way. 9. CITY MANAGER REPORT City Manager Neal Beets had no report this evening and announced the Executive Session planned for tonight has been canceled. 10. EXECUTIVE SESSION Potonti31 Litig3tion RCW 42.30.110(1 )(i) canceled 11. ADJOURNMENT There being nothing further to come before the Federal Way City Council, Mayor Dovey adjourned the regular meeting at 9:45 p.m. Attest: Stephanie Courtney, Deputy City Clerk Approved By Council On: City Council Meeting Minutes March 17, 2009 - Page 8 of 8 COUNCIL MEETING DATE: April 7,2009 ................. ..................................... ............................................................ . . ......... . ..... .. ..................... ..................- ............................................... ITEM#: 'S.b. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: VOUCHERS POLICY QUESTION: Should the City approve the vouchers in the total amount of$1,427,401.32 COMMITTEE: Finance, Economic Development, and Regional Affairs Committee MEETING DATE: March 24, 2009 CATEGORY: [8J Consent 0 Ordinance o City Council Business, 0 Resolution \~ STAFF RE}>(?~:.rlJY:I~_o~~~~?IiE._~.l?~_pi~~c~9.~.m_mmm.m____.___m__ o Public Hearing o Other DEPT: Finance I, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claims are just and due obligations against the City of Federal Way, Washington, and that I am authorized to authenticate and certify said liens. ~~ Finance Director Attachments: Voucher List Options Considered: NA STAFF RECOMMENDATION: NA CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: C1\. Committee ~ Council COMMITTEE RECOMMENDATION: H] move approval of the vouchers and forward to the April 7, 2009 Council Meeting for approval. " '~~ Co~ee hair Committee Member ~- Wjwsed Committee Member PROPOSED COUNCIL MOTION: H] move approval of the vouchers pursuant to RCW 42.24. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D TABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # ~ ... ~ 01 :; ~.= - .. CO .!:: li;~ "0 OJ .. .- 11.> -"0 0,- ~:. <3 01 E "OJ (3 Q) OJ CO a.. "0 "OJ D.. ... C ::I o ~ l- LL. LU ~ "'0 "(ij a.. I/) E "(ij (3 Z ::::l 0::: ~ () LU :J: () S. CO a.. I/) o ~ z u:: -- :i.::: o o vi ...... M ~ M c .2 a "C u 01 .. C U ....:l ....:l ~ '" .~ "S S a:l ~ -- V) o ~ cr o <r: ~ o 0::: J9 ~ 5 "0 C .. > >- c: <II a. E o () (J) "" i= ~ z .g "13 <II D.. .$ OJ C (J) o o ~ ~ '" City of Federal Way - Accounts Payable Check List Bank of America Page 1 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 209923 2/27/2009 011300 18TH AVE LLC, 500.00 2/18/2009 08-105473 REFUND CD-05-01384 REFUND DEMOLITION 500.00 209924 2/27/2009 009161 A-1 FIRE EQUIPMENT, INC., 1,902.05 1/22/2009 187879 FWCC-FIRE EXTINGUISHER MAINT 1,902.05 209925 2/27/2009 000083 AARO INC DBA THE LOCK SHOP, 16.18 2/19/2009 821678 PKM-KEYS/INV#821678 16.18 209926 2/27/2009 007784 AC MOATE INDUSTRIES INC, 11,071.13 2/18/2009 17902 PARK-AG08-157 WILDWOOD ASP HAL T 11,071.13 209927 2/27/2009 000385 ACCOUNTEMPS, 6,748.00 2/17/2009 23317757 MSF-W/E 2/13/09 BLANCHARD 3,374.00 2/10/2009 23280005 MSF-W/E 2/6/09 BLANCHARD 3,374.00 209928 2/27/2009 000109 ACTIVE SECURITY CONTROL (DBA), 143.12 1/29/2009 14264 PO-LOCKSMITH SERVICES 12.60 1/22/2009 14261 PARKS-PADLOCKS & KEYS 108.46 2/2/2009 14265 PKM-SAGHALlE CONCESSION KEYS 22.06 209929 2/27/2009 000568 AGRI SHOP INC, 31.59 1/22/2009 1714/1 PKM-AIR CLEANER, SPARK PLUG, F 31.59 209930 2/27/2009 001110 AMAYA ELECTRIC, 1,204.56 1/20/2009 8055-19 PW-UPS SYSTEM @ EVIDENCE BLDG 1,204.56 209931 2/27/2009 001522 AMERICAN RED CROSS, 102.00 1/28/2009 10022915 FWCC-L1FEGUARD TRNG RECORDING 102.00 209932 2/27/2009 007158 ARCHIVES NORTHWEST LLC, 257.79 1/31/2009 0003361 PD-l/09 STORAGE FEE 257.79 209933 2/27/2009 002410 ASCAP, .731.00 2/21/2009 500587308 PRCS-2009 ASCAP MUSIC COPYRIGH 365.50 2/21/2009 500587308 PRCS-2009 ASCAP MUSIC COPYRIGH 365.50 209934 2/27/2009 001233 AT&T BUSINESS SERVICE, 63.61 2/6/2009 0305983151 001 IT-LONG DISTANCE SVC 31.81 2/6/2009 0305983151 001 IT-LONG DISTANCE SVC 29.26 2/6/2009 030 598 3151 001 IT-LONG DISTANCE SVC 2.54 209935 2/27/2009 010214 BARDEN. CHINTANA 100.08 2/13/2009 02/13/09 MC-INTERPRETER SVCS 100.08 209936 2/27/2009 000792 BARRY'S TRUCKING & LANDSCAPING, 1,613.20 2/17/2009 216310 PKM-2/09 356TH PK L T, 348TH, A 1,613.20 209937 2/27/2009 001630 BLUMENTHAL UNIFORM CO INC, 2,377.75 2/4/2009 728456 KAMIYA-SHOES 179.74 1/30/2009 714082 HODGE,THADDEUS-BREECHES 293.21 1/30/2009 727010 STARS FOR CHEIF- COLLOR ORNAT 18.97 2/11/2009 730076 WlLSON- SHOES 100.00 2/11/2009 719652 MICKESON- GORTEX PANTS, LETTER 269.36 2/13/2009 725563-80 -CREDIT- SCHWAN- PANTS -117.67 2/13/2009 727006-01 GRADUATES-HOLSTER 53.36 2/6/2009 724622 HERNANDEZ- JACKET, EMBLEMS 235.39 2/6/2009 725563-01 SCHWAN- MISC, FOOTWEAR 98.09 2/11/2009 719536-03 TAN- RAINJACKET, LETTERING, FA 246.29 1/30/2009 727006 GRADUATES- MORRELL FRANCO- NEW 195.87 2/6/2009 723720-02 VANDYKE-FASTNERS 20.71 10/20/6009 725813 TAN, JEDDIDIAH- TACT. SHIRT 65.38 2/11/2009 726247 SCHWAN-UNIFORM REPLACEMENT 235.33 2/6/2009 719536-02 TAN- RAINJACKET, LETTERING, FA 5.40 1/30/2009 725784 HERNANDEZ- TACT PANTS 43.59 1/30/2009 723720-01 VANDYKE-RAINJACKET, TIE FASTNE 251.68 1/30/2009 725391-01 BUNCH- TACTICAL SHIRT 65.38 1/30/2009 725563 SCHWAN-PANTS, FOOTWEAR 117.67 209938 2/27/2009 004919 BRATWEAR, 582.63 2/13/2009 314010 PO-UNIFORM REPAIRS 41.89 2/10/2009 313614 PO-MOTORCYCLE PANTS-HODGE 540.74 209939 2/27/2009 009784 CANDLEWOOD SUITES, 3,130.31 2/1712009 B050910 PD-LODGING FEES:GREG WELLS- 3,130.31 209940 2/27/2009 000991 CASCADE COFFEE INC, 112.32 2/16/2009 20569267 MSHR-COFFEE & COFFEE SUPPLIES 112.32 Bank of America Page 2 of 35 Check No. Date Vendor I nv Date Invoice Description Amount Check Total 209941 2/27/2009 010954 CEDAR GROVE ORGANICS RECYCLING, 22.95 1/31/2009 0000005287 PWSWR-WASTE DISPOSAL- 22.95 209942 2/27/2009 005657 CHOICEPOINT BUSINESS AND, 30.00 1/31/2009 ABOO01929076 PD-1/09 AUTO TRACKXP SVCS 30.00 209943 2/27/2009 008799 CHRISTIE LAW GROUP, LLC, 2,967.50 2/5/2009 2255 LAW-AGOS-026 PSA LEGAL SVC- 2,967.50 209944 2/27/2009 009643 CIPALLA COMMUNICATIONS INC, 975.00 2/4/2009 FW-09-000 1-B CM-AG09-017 TOURISM MARKETING 975.00 209945 2/27/2009 004838 CITY OF ENUMCLAW, 1,540.00 2/9/2009 02470 PD-1/09 PRISONER LODGING 1,540.00 209946 2/27/2009 000951 CITY OF FEDERAL WAY, 10,200.00 2/20/2009 AG09-022 #1 PARK-AG09-022 ELECT. UPGRADE A 10,200.00 209947 2/27/2009 010360 CITY OF FEDERAL WAY, 318.18 2/9/2009 CK #1090 PD-MANAGING POLICE DISCIPLINE 153.18 2/9/2009 CK#1090 PD-MANAGING POLICE DISCIPLINE 165.00 209948 2/27/2009 005817 CITY OF FIFE, 32,091.92 2/12/2009 0004652 PD-1/09 JAIL SVCS AG01-72 - 32,091.92 209949 2/27/2009 006958 CITY OF KIRKLAND, 1,486.43 2/10/2009 FEBRUARY 10, 2009 IT-AWARENESS & FOUNDATION TRNG 1,486.43 209950 2/27/2009 010554 CLARKE,HEATHER 225.00 2/3/2009 41 CM/INFO - WRITING SERVICES FOR 225.00 209951 2/27/2009 003752 COASTWlDE SUPPLY DBA, 569.34 1/29/2009 T2023091 FWCC-JANITORIAL SUPPLIES 20.29 1/27/2009 T2021527 PKM-JANITORIAL SUPPLIES 50.01 1/27/2009 T2021522 PKM-JANITORIAL SUPPLIES 66.96 2/2/2009 T2023711 CHB-JANITORIAL SUPPLIES 432.08 209952 2/27/2009 008445 COPIERS NORTHWEST INC, 337.68 2/4/2009 47874 IT-PRINTERITONER SUPPLIES 151.95 2/4/2009 47874 IT-PRINTERITONER SUPPLIES 33.77 2/4/2009 47874 IT-PRINTERITONER SUPPLIES 151.96 209953 2/27/2009 000721 CORLISS RESOURCES INC, 835.70 2/6/2009 203109 PWST-PEA GRAVEL 260.17 1/30/2009 202546 PKM-GRAVEL FOR CELEBRATION PAR 205.18 2/2/2009 202676 PKM-GRAVEL FOR CELEBRATION PAR 370.35 209954 2/27/2009 009907 CRAFT, RICK 92.57 1/19/2009 848 RM-Off Pon-PS6302; RM-PS; RISK 92.57 209955 2/27/2009 005782 CSDC SYSTEMS INC, 25,305.42 1/1/2009 7942 M&O CSDC ANNUAL SUPPORT & 1,273.08 1/1/2009 7942 M&O CSDC ANNUAL SUPPORT & 1,697.44 1/1/2009 7942 M&O CSDC ANNUAL SUPPORT & 212.18 1/1/2009 7942 M&O CSDC ANNUAL SUPPORT & 3,360.93 1/1/2009 7942 M&O CSDC ANNUAL SUPPORT & 2,546.16 1/1/2009 7942 M&O CSDC ANNUAL SUPPORT & 10,232.16 1/1/2009 7942 M&O CSDC ANNUAL SUPPORT & 2,100.58 1/1/2009 7942 M&O CSDC ANNUAL SUPPORT & 3,246.35 1/1/2009 7942 M&O CSDC ANNUAL SUPPORT & 636.54 209956 2/27/2009 000854 D J TROPHY, 46.65 2/5/2009 00226178 PD-NAMES PLATES/PLAQUES 13.95 1/30/2009 00226164 PRCS-PEOPLE'S CHOICE RIBBONS 32.70 209957 2/27/2009 011297 DASH MEDICAL GLOVES, 419.30 1/23/2009 I NV396502 PD-LATEX EXAM GLOVES 419.30 209958 2/27/2009 007397 DAVID A CLARK ARCHITECTS PLLC, 2,829.80 2/16/2009 421 PARK-AG08-113 STLK BRICK HOUSE 1,350.00 2/16/2009 420 PARKS-AG07-152 CELEBRATION PK 1,479.80 209959 2/27/2009 003472 DAY WIRELESS SYSTEMS INC, 394.45 2/11/2009 38375 PD-ANTENNA 75.72 2/11/2009 38375 PD-ANTENNA -37.86 2/11/2009 38375 PD-ANTENNA 37.86 2/12/2009 149423 PD-REPAIR BLUTOOTH 199.48 2/3/2009 38304 PD-ANTENNA 119.25 209960 2/27/2009 008039 DMX MUSIC, 56.35 2/1/2009 A159920 IT-2/09 ALL DIGITAL MUSIC 56.35 Bank of America Page 3 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 209961 2/27/2009 005341 DODD, ESCOLASTICA ROSA 507.23 2/17/2009 02/17109 MC-INTERPRETER SVCS 198.31 2/13/2009 02/13/09 MC-INTERPRETER SVCS 173.32 2/10/2009 02/10/09 MC-INTERPRETER SVCS 135.60 209962 2/27/2009 008040 DWAYNE LANE'S DODGE, 24,737.72 2/12/2009 FEBRUARY 12, 2009 PD-09 DODGE V#2B3KA43T69H59023 24,737.72 209963 2/27/2009 000097 EDEN SYSTEMS DIVISION, 39,440.74 1/1/2009 141057 M&O EDEN ANNUAL SUPPORT & MAIN 14,366.72 1/1/2009 141057 M&O EDEN ANNUAL SUPPORT & MAIN 25,074.01 1/1/2009 141057 M&O EDEN ANNUAL SUPPORT & MAIN 0.01 209964 2/27/2009 009063 ELDORABA, 136.30 2/11/2009 02/11/09 MC-INTERPRETER SVCS 136.30 209965 2/27/2009 007919 EMPIRE FACILITY SERVICES INC, 872.00 2/10/2009 14132 CM - NEW FURNITURE FOR CFO OFF 872.00 209966 2/27/2009 000328 ERNIE'S FUEL STOPS (DBA), 8,048.41 2/15/2009 0302955 PD-FUEL CHARGES 2/01/09-2/15/0 7,442.64 2/15/2009 0302955 PD-FUEL CHARGES 2/01/09-2/15/0 605.77 209967 2/27/2009 001748 EVERSON'S ECONO-VAC INC, 676.50 1/30/2009 062499 PWST-REPAIRS & MAINTENANCE- 676.50 209968 2/27/2009 006258 EXPRESS BUSINESS SYSTEM INC., 1,527.45 2/6/2009 B8009939 IT-FOLDER MAl NT. TAX 9% ADJUS 2.80 2/6/2009 B8009939 IT-EXPERT FOLDER MAINT 4/09-4/ 1,524.65 209969 2/27/2009 005285 FADLER, ED 500.00 2/18/2009 FADLER 2009 PD-RECRUITING INCENTIVE PAY FA 500.00 209970 2/27/2009 000217 FEDERAL EXPRESS CORPORATION, 55.02 2/6/2009 9-080-48473 PD-1/09 STORAGE FEE 20.16 2/6/2009 9-080-48473 PD-1/09 STORAGE FEE 34.86 209971 2/27/2009 000229 FEDERAL WAY CHAMBER COMMERCE, 565.00 2/4/2009 8580 CC - STATE OF THE CITY CHAMBER 60.00 2/412009 8580 PD - DISPLAY TABLE FOR PD AT S 45.00 2/4/2009 8580 CM - STATE OF THE CITY CHAMBER 20.00 2/4/2009 8580 PRCS - STATE OF THE CITY CHAMB 80.00 2/4/2009 8580 PD - STATE OF THE CITY CHAMBER 80.00 2/4/2009 8580 PD - STATE OF THE CITY CHAMBER 40.00 2/4/2009 8580 PRCS - STATE OF THE CITY CHAMB 20.00 2/4/2009 8580 IT - STATE OF THE CITY CHAMBE 20.00 2/4/2009 8580 PD - STATE OF THE CITY CHAMBER 20.00 2/4/2009 8580 PD - STATE OF THE CITY CHAMBER 20.00 2/4/2009 8580 HR - STATE OF THE CITY CHAMBER 20.00 2/4/2009 8580 PRCS - STATE OF THE CITY CHAMB 20.00 2/412009 8580 CD - STATE OF THE CITY CHAMBER 20.00 2/4/2009 8580 PD - STATE OF THE CITY CHAMBER 40.00 2/4/2009 8580 LAW- STATE OF THE CITY CHAM BE 20.00 2/4/2009 8580 PW - STATE OF THE CITY CHAMBER 40.00 209972 2/27/2009 011233 FEDERAL WAY NOON ROTARY, 1,000.00 1/13/2009 ROTARY-2009 CM - 2009 ROTARY DINNER AUCTIO 1,000.00 209973 2/27/2009 010114 FICHTNER, THOMAS 150.31 2/26/2009 T FICHTNER IT-INTEL PRO WIRELESS 2200 BG 150.31 209974 2/27/2009 005213 FIFE PRINTING, 871.71 1/22/2009 18982 MC-ADVICE OF RIGHTS FORMS 871.71 209975 2/27/2009 011280 FORTE ELECTRIC, 12,036.00 2/20/2009 AG09-022 #1 PARK-AG09-022 ELECT. UPGRADE A 22,236.00 2/20/2009 AG09-022 #1 PARK-AG09-022 ELECT. UPGRADE A -10,200.00 209976 2/27/2009 011280 FORTE ELECTRIC, 311.50 2/18/2009 05-001606 REFUND CD-FEES WAIVED STLK ANNEX 3.00 2/18/2009 05-001606 REFUND CD-FEES WAIVED STLK ANNEX 305.50 2/18/2009 05-001606 REFUND CD-FEES WAIVED STLK ANNEX 3.00 209977 2/27/2009 004578 GENE'S TOWING INC, 192.93 1/1/2009 343782 PD-TOWlNG SVC CASE 08-17459 -53.41 1/1/2009 343782 PD-TOWlNG SVC CASE 08-17459 246.34 209978 2/27/2009 001478 GEOLlNE POSITIONING SYSTEMS, 19.62 2/4/2009 300182 PD-ENGINEERS TAPE 19.62 Bank of America Page 4 of 35 Check No. Date Vendor I nv Date Invoice Description Amount Check Total 209979 2/27/2009 011195 GIBSON, LEOTA 30.00 2/6/2009 564234 PRCS-CLASS FEE REFUND 30.00 209980 2/27/2009 010940 GOODYEAR WHOLESALE TIRE CNTR, 691.56 1/22/2009 129339 MSFLT-TIRES 307.54 1/26/2009 129394 MSFLT-TIRES 117.72 1/31/2009 129538 PO-NEW TIRES 266.30 209981 2/27/2009 004824 GOS PRINTING CORPORATION, 127.14 2/6/2009 72208 PD-NON-SWORN DRY CLEAN. FORMS 127.14 209982 2/27/2009 002547 GRAINGER INC, 991.09 1/21/2009 9822564952 FWCC-V BELT & QUARTZ CLOCK 397.25 1/22/2009 9823622635 PKM-RECEPTACLE W/DOME TOPIINV# 146.99 1/20/2009 9821287753 FWCC-LAVATORY FAUCET 446.85 209983 2/27/2009 009867 HARBORVIEW MEDICAL CENTER, 5.78 2/9/2009 FEBRUARY 9, 2009 PD-2/09 PRISONER MED TREAT 5.78 209984 2/27/2009 001367 HDR ENGINEERING INC, 26,356.12 1/15/2009 00077526-H PW-AG04-96:S 356 WIDENING 1ST 798.59 2/9/2009 00080139-H PW-AG04-96:S 356 WIDENING 1ST 5,000.00 1/15/2009 00077526-H PW-AG04-96:S 356 WIDENING 1ST 13,118.14 1/15/2009 00077526-H PW-AG04-96:S 356 WIDENING 1ST 7,439.39 209985 2/27/2009 000724 HOMEGUARD SECURITY SERVICES, 299.40 2/2/2009 BI3863 PKM-SECURITY MONITER 2/09-2/10 299.40 209986 2/27/2009 009209 INPRINT GRAPHICS, 369.70 2/10/2009 19230 CD-LIAISONS BUSINESS CARDS 369.70 209987 2/27/2009 007109 INTERCOM LANGUAGE SVCS, 1,711.15 2/13/2009 09-75 MC-INTERPRETER SVCS 1,711.15 209988 2/27/2009 010737 INTERWEST DEVELOPMENT NW INC, 296.73 2/10/2009 201758018 PKM-GARDEN BLEND SOIUTICKET#2 47.50 1/26/2009 201757876 PKM-GRAVEL FOR FRENCH LAKE 84.32 1/26/2009 201757873 PKM-GARDEN SOIL BLEND FOR FREN 51.38 1/27/2009 201757883 PKM-ROCK FOR OLYMPIC 51.21 1/28/2009 201757888 PKM-GRAVEL FOR OLYMPIC 62.32 209989 2/27/2009 003211 IRON MOUNTAIN/SAFESITE INC, 2,741.89 1/31/2009 PM62720 MSC-(1/09) RECORDS STORAGE SVC 2.741.89 209990 2/27/2009 009730 JACK, DRISKELL J 101.10 2/5/2009 02/05/09 MC-INTERPRETER SVCS 101.10 209991 2/27/2009 010605 JACOBSON, ELIZABETH 1,546.60 2/18/2009 JANUARY 2009 PRCS-BALLROOM DANCE CLASSES- 1,546.60 209992 2/27/2009 005056 JONES, WARREN CASEY 258.98 2/10/2009 JONES 2009 PO-DIRT BIKE CLASS 150.00 2/9/2009 JONES 2009 PD-CLOTHING ALLOW. C JONES 108.98 209993 2/27/2009 001647 KELLER SUPPLY COMPANY, 354.21 1/22/2009 S002964066.001 PKM-SUPPLlES FOR CELEBRATION P 354.21 209994 2/27/2009 004770 KENYON DISEND. PLLC, 3,466.61 1/31/2009 11029 LAWAG 07-082 LEGAL SERVICES- 629.25 1/31/2009 11030 LAWAG 07-082 LEGAL SERVICES- 2,837.36 209995 2/27/2009 003254 KESSELRING GUN SHOP INC, 287.92 1/28/2009 20289 PO-SWAT MAGS-SMITH 210.52 1/22/2009 20192 PD-PATROL MAGS-VAN DYKE 77.40 209996 2/27/2009 001259 KING COUNTY CRIME VICTIMS FUND, 1,546.21 2/26/2009 JAN 09 MSF-REMIT CRIME VICTIM FEES - 1,541.17 2/26/2009 JAN 09 MSF-REMIT LAW LIBRARY FEES 5.04 209997 2/27/2009 000125 KING COUNTY FINANCE DIVISION, 113.27 2/5/2009 1517512 PWST-1/09 ALGONA TS-SOLlD WAST 113.27 209998 2/27/2009 000564 KING COUNTY PET LICENSE, 689.00 2/27/2009 JAN 2009 MSF-REMIT KC PET FEES REMIT FE 689.00 209999 2/27/2009 000302 KING COUNTY RECORDS,ELECTIONS, 237.00 2/24/2009 FEBRUARY RECORDING PW-KC RECORDING FRED MEYER STO 44.00 2/24/2009 FEBRUARY RECORDING PW-KC RECORDING MULTI SERVICE 45.00 2/24/2009 FEBRUARY RECORDING PW-KC RECORD. KOREAN SR HOUSIN 44.00 2/24/2009 FEBRUARY RECORDING PWKC RECORDING QUADRANT 56.00 2/24/2009 FEBRUARY RECORDING PW-KC RECORDING QUADRANT 48.00 210000 2/27/2009 011301 KRAZAN & ASSOCIATES INC, 587.50 Bank of America Page 5 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 1/31/2009 I NV 0666465-16200 PARK-STEEUCONCRETE INSPECTION 587.50 210001 2/27/2009 003399 KVASNYUK. NIKOLAY 107.70 2/10/2009 02/10/09 MC-INTERPRETER SVCS 107.70 210002 2/27/2009 000022 LAKEHAVEN UTILITY DISTRICT, 620.00 1/28/2009 30753 PKM-SEWER CONNECTION AND DISCH 620.00 210003 2/27/2009 000096 LAKEHAVEN UTILITY DISTRICT, 251.08 2/6/2009 482303 PWST-NOV/DEC WATER & SEWER CHA 41.47 2/13/2009 3200201 PWST-NOVIDEC WATER CHARGES 16.44 2/26/2009 3540201 PWST-NOV/DEC WATER CHARGES 16.44 2/6/2009 482405 PWST-NOV/DEC WA TER&SEWER CHARG 78.09 2/13/2009 3088801 PWST-NOV/DEC WATER CHARGES 16.44 2/26/2009 3540301 PWST-NOV/DEC WATER CHARGES 16.44 2/6/2009 3336101 PWST-NOV/DEC WATER CHARGES 16.44 2/6/2009 3364101 PWST-NOV/DEC WATER CHARGES 16.44 2/6/2009 3488801 PWST-NOV/DEC WATER CHARGES 16.44 2/26/2009 3545101 PWST-NOV/DEC WATER CHARGES 16.44 210004 2/27/2009 010098 LEADSONLlNE LLC, 6,348.00 2/1/2009 214626 PD-2009 LEADSONLlNE RENEWAL 6,348.00 210005 2/27/2009 004052 LEED, 90.25 2/3/2009 02030906 PD-ELECTRONIC HEARING PROTECTO 90.25 210006 2/27/2009 011295 LEIMS, SONIA 18.30 2/6/2009 564227 FWCC-REFUND FALL FRENZY RATE 6.10 2/6/2009 564233 FWCC-REFUND ADJ. FALL FRENZY 12.20 210007 2/27/2009 000630 LLOYD ENTERPRISES INC, 2,214.17 2/5/2009 127849 PKM-PRO-GRO BLEND 39.24 1/16/2009 127331 PARKS-WET FILL -PKCP 228.76 1/20/2009 127429 PARKS-DRY FILL -PKCP 592.66 1/22/2009 127441 PARKS-DRY FILL -PKCP 817.23 2/11/2009 128016 PWST-BARK FOR PLANTERS 357.52 2/3/2009 127686 PWST-BARK(ROW- OSAKA) 178.76 210008 2/27/2009 005339 LOWE'S HIW INC, 597.32 1/27/2009 14805 PARKS-PIPE & WASHERS 6.47 2/3/2009 14587 PARKS-PAINT & SUPPLIES 33.42 2/2/2009 02191 CHB-COUPLlNG & WRENCH 25.68 1/22/2009 02640 PKCP-ROUGH IN PLUMBING SUPPLlE 184.37 2/7/2009 13847 PD-TAPE 3.20 2/6/2009 01120 PARKS-STLKANNEX MAl NT SUPPLlE 89.74 2/5/2009 02484 PARKS-EXPANSION JOINT & CONCRE 79.42 2/11/2009 14947 PD-PATROL CAR KEYS 23.41 2/12/2009 13220 PD-MALL KEYS 5.17 2/2/2009 14322 FWCC-PADLOCKS, SUPPLIES 84.30 2/2/2009 14322 FWCC-PADLOCKS, SUPPLIES 62.14 210009 2/27/2009 009851 MARTIN, CHRIS 945.00 2/10/2009 MARTIN 2009 PD-TUITION REIMB C MARTIN 945.00 210010 2/27/2009 004182 MCDONOUGH & SONS INC, 217.88 2/11/2009 162400 PWST-AG09-008 STREET SWEEPING- 56.00 2/16/2009 162411 PWST-AG09-008 STREET SWEEPING- 56.00 2/10/2009 162112 PARKS-AG06-027-PARKING LOT CLE 105.88 210011 2/27/2009 006008 MCLOUGHLIN & EARDLEY CORP, 714.41 2/3/2009 0091543-IN PD- TSP CHGR-D 258.21 2/9/2009 0091772-IN PD-IMP SETUP 456.20 210012 2/27/2009 009410 MELODY MUSIC LLC, 295.00 2/23/2009 6436 PRCS-PTA DANCE ENTERTAINMENT 295.00 210013 2/27/2009 005176 MERINO STRAWE, BETTY 237.10 2/10/2009 02/10/09 MC-INTERPRETER SVCS 131.05 2/17/2009 02/17/09 MC-INTERPRETER SVCS 106.05 210014 2/27/2009 001793 MICROFLEX INC, 270.61 2/18/2009 00018416 MSA-TAX AUDIT PROGRAM- 270.61 210015 2/27/2009 008029 MONTES DE OCA RICKS, MARIA 109.35 2/9/2009 02/09/09 Me-INTERPRETER SVCS 109.35 210016 2/27/2009 009848 MONTGOMERY, SARA 115.98 2/17/2009 MONTGOMERY-2009 PRCS-FOOD FOR CULTURES & CRAFT 12.98 Bank of America Page 6 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 2/17/2009 MONTGOMERY-2009 PRCS-FOOD FOR CULTURES & CRAFT 3.48 2/17/2009 MONTGOMERY-2009 PRCS- CANDY CULTURES & CRAFTS 6.99 2/17/2009 MONTGOMERY -2009 PRCS-FOOD FOR CULTURES & CRAFT 5.00 2/17/2009 MONTGOMERY-2009 PRCS-CRAFTS & CRAFTS 20.65 2/17/2009 MONTGOMERY-2009 PRCS-CRAFT ITEMS FOR CULTURES 12.37 2/17/2009 MONTGOMERY-2009 PRCS-GLASS FOR CULTURES & CRAF 10.89 2/17/2009 MONTGOMERY-2009 PRCS-FABRIC FOR CULTURES & CRA 43.62 210017 2/27/2009 010785 MUNDY, RUTH 30.00 2/6/2009 564236 PRCS-CLASS FEE REFUND 30.00 210018 2/27/2009 011238 MYCORRHIZAL APPLICATIONS, 948.00 2/3/2009 1004828 PKM-TREE GROWTH SUPPLEMENT/INV 237.00 2/3/2009 1004828 PKM-TREE GROWTH SUPPLEMENTlINV 711.00 210019 2/27/2009 010526 NEW CENTURY NORTHWEST, 655.00 2/10/2009 B090010 PD-SPEED BUMPS 655.00 210020 2/27/2009 000043 NEW LUMBER & HARDWARE COMPANY, 136.79 2/5/2009 234149 PARKS-GRND MNT- BRUSHES, PL YWO 52.69 2/5/2009 234164 PARKS-GRND MNT- SAND BELT, CLA 29.38 2/10/2009 234272 PARKS-GRND MNT- HOOK, CONCRETE 24.44 2/9/2009 234239 PWST-PLUMBERS TAPE 4.88 2/912009 234231 PWST-MISC SCREWS & BOLTS 4.07 2/9/2009 234231 PWST-MISC SCREWS & BOLTS -0.03 2/17/2009 234420 PWST-LUMBER 21.36 210021 2/27/2009 000089 NEWS TRIBUNE, 748.41 2/1/2009 S220884544A01 MSHR-2/1/09 EMPLOY. AD 200.00 2/1/2009 S1371114300 MSHR-2/1/09 EMPLOY. AD 548.41 210022 2/27/2009 000877 NIEMEN GLASS COMPANY, 149.67 1/26/2009 92166 PKM-PLEXIGLASS FOR CELEBRATION 149.67 210023 2/27/2009 000959 NORSTAR INDUSTRIES INC, 4,063.32 2/13/2009 43398 PWST-HIGHWAY MAINTENANCE EQUIP 421.63 2/6/2009 43351 PWST-PLOW/SANDER PART- 3,641.69 210024 2/27/2009 001391 NORTH COAST ELECTRIC COMPANY, 323.95 1/30/2009 S2665885.001 PKM-CITY HALL PARKING LOT 276.73 1/26/2009 S2653918.001 PKM-LAMP FIXTURES/INV#S2653918 47.22 210025 2/27/2009 003736 NORTHWEST TOWING INC, 95.38 12/18/2008 403196 PD-VEHICLE TOWING SVCS 95.38 210026 2/27/2009 011290 NUTRISH, 550.00 1/12/2009 1001 FWCC-PLANTS & PORTIONS 250.00 1/12/2009 1002 FWCC-HEAL THY LIFESTYLE HABIT T 300.00 210027 2/27/2009 000044 OGDEN, MURPHY, WALLACE, PLLC, 950.00 10/1712008 670269 MSC-7/08 HEX EAGLE MANOR- 950.00 210028 2/27/2009 009341 OMNILANDSCAPE SERVICES, 1,461.20 2/1/2009 36376 PARK-AG08-065 LANDSCAPING MAIN 734.66 1/1/2009 36367 PARK-AG08-065 1/09 LANDSCAPING 726.54 210029 2/27/2009 005741 OUTCOMES BY LEVY, 4,776.04 1/31/2009 JANUARY 2009 CM-AG03-191:1/09 LOBBYIST SVCS 4,776.04 210031 2/27/2009 011161 PACIFIC COAST SALES & SERVICE, 6,502.52 2/17/2009 FOCS159620 MS-ENGINE WORK 399.73 2/17/2009 FOCS159620 MS- TRANSMISSION 91.56 2/17/2009 FOCS159662 MS-LOF 47.70 2/6/2009 FOCS159457 MS-LOF 44.48 2/17/2009 FOCS159593 MS-LOF 47.73 2/17/2009 FOCS159595 MS-FUEL TANK, FILTER 435.66 2/1712009 FOCS159664 MS-BRAKE SERVICE 330.62 2/6/2009 FOCS159422 MSFLEET-VEHICLE MAINTENANCE & 631.17 2/6/2009 FOCS159422 MSFLT-TOWlNG 74.93 2/17/2009 FOCS159619 MS-LOF 47.73 2/17/2009 FOCS159620 MS-BATTERY 204.27 2/17/2009 FOCS159661 MS-LOF 47.70 2/6/2009 FOCS159438 MS-LOF 44.48 2/9/2009 FOCS159471 MS-LOF 47.70 2/17/2009 FOCS159594 MS-LOF 48.36 2/17/2009 FOCS159634 MS-LOF 66.40 2/6/2009 FOCS159422 MSFLT- LOF 53.38 Bank of America Page 7 of 35 Check No. Oale Vendor Inv Oate Invoice Description Amount Check Total 2/17/2009 FOCS159620 MS-LOF 86.73 2/17/2009 FOCS159629 MS-LOF 74.47 2/17/2009 FOCS159633 MS-LOF 47.70 2/9/2009 FOCS159514 MS-LOF 60.27 2/17/2009 FOCS159564 MS-LOF 90.72 2/17/2009 FOCS159565 MS-LOF 93.94 2/17/2009 FOCS159566 MS-ELECTRICAL WORK 4.53 2/612009 FOCS159460 MS-LOF 46.65 2/612009 FOCS159472 MS-LOF 44.48 2/6/2009 FOCS159482 MS-LOF 39.95 2/11/2009 FOCS159571 PO-HEATING/COOLING 47.81 2/11/2009 FOCS159573 PO-LOF 18.70 2/11/2009 FOCS159573 PO-WIPER BLADES 63.77 2/11/2009 FOCS159570 PO-BRAKE SERVICE 344.25 2/11/2009 FOCS159571 PO-TUNE UP 153.03 2/11/2009 FOCS159571 PO-LOF 45.00 2/10/2009 FOCS159545 PD-BATTERY 134.06 2/10/2009 FOCS159545 PO-TIRES 53.89 2/10/2009 FOCS159546 PO-LOF 50.59 2/10/2009 FOCS159479 PO-LOF 35.41 2/10/2009 FOCS159540 PO-BRAKE SERVICE 194.11 2/10/2009 FOCS159540 PO-LOF 44.39 2/9/2009 FOCS159521 PD-TIRES 117.78 2/10/2009 FOCS159546 PO-TIRES 21.69 2/11/2009 FOCS159563 PO-TIRES 69.54 2/10/2009 FOCS159545 PO-TIRES 43.38 2/9/2009 FOCS159511 PO-BATTERY 177.66 2/9/2009 FOCS159511 PO-TIRE REPAIR 21.69 2/9/2009 FOCS159513 PO-LOF 39.96 2/9/2009 FOCS159481 PO-BATTERY 28.85 2/10/2009 FOCS159546 PO-BRAKE SERVICE 560.63 2/11/2009 FOCS159563 PO-LOF 56.70 2/16/2009 FOCS159611 PO-LOF 47.86 2/6/2009 FOCS159415 PO-LOF 37.25 2/6/2009 FOCS159486 PD-LOF 35.41 2/10/2009 FOCS159546 PD-BATTERY 115.05 2/18/2009 FOCS159670 PD-RAOIATOR PARTS 4.53 2/17/2009 FOCS159676 PO-BRAKE SERVICE 208.58 2/16/2009 FOCS159589 PO-LOF 35.41 2/16/2009 FOCS159611 PO-TIRES 43.38 2/16/2009 FOCS159609 PSFL T- TIRE REPAIR 19.57 2/16/2009 FOCS159649 PO-TRANSMISSION WORK 72.55 2/9/2009 FOCS159521 PO-BRAKE SERVICE 263.38 2/11/2009 FOCS159570 PO-LOF 43.62 210032 2/27/2009 001814 PARAMETRIX INC, 14,074.46 1/30/2009 04-1 0634 PWST-AG08-010 CONST MGMT S 348 10,053.09 2/10/2009 03-48472 PWST-AG05-181 S 348TH ST. AT 1 3,212.34 2/6/2009 04-10650 PW AG06-081-ENGINEERING REVIEW 809.03 210033 2/27/2009 000885 PARKER PAINT MANUFACTURING CO, 13.83 2/17/2009 022244476 CO-GRAFFITI PAINT SUPPLIES 13.83 210034 2/27/2009 005479 PARTIES BY MEL, 193.66 217/2009 FEBRUARY 7, 2009 PRCS-VALANTINE OAY OECOR 193.66 210035 2/27/2009 001093 PENOEL TON CONSULTING, LLC, 4,076.30 1/31/2009 JANUARY 31, 2009 CC-COUNCIL RETREAT FACILITATOR 4,076.30 210036 2/27/2009 002557 PETTY CASH FUNO-PARKS MAl NT, 184.88 2/18/2009 PKM-2/18/09 PKM-2 PR WORK PANTS/PEREZ 75.26 2/18/2009 PKM-2/18/09 PKM-PLUMBING PARTS FOR CELEBRA 17.69 2/18/2009 PKM-2/18/09 PKM-SALAO FOR PARKS ANO RECREA 11.37 2/18/2009 PKM-2/18/09 PKM-SANOWlCHES FOR PARKS ANO R 80.56 210037 2/27/2009 006241 PETTY CASH-POLICE OEPT, 507.64 2/19/2009 PD-2/19/09 PO-REFRESHMENTS FOR - 17.07 2/19/2009 PO-2/19/09 PO-KING CO POLICE CHIEFS ASSOC 10.00 2/19/2009 PO-2/19/09 PO-BOOT ALLOWANCE:2009- 100.00 Bank of America Page 8 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 2/19/2009 PD-2/19/09 PD-COFFEE FOR VOLUNTEER- 59.82 2/19/2009 PD-2/19/09 PD-UTILlTY POUCHES FOR- 47.28 2/19/2009 PD-2/19/09 PD-TACTICAL LATCH GRIP:SWAT- 46.00 2/19/2009 PD-2/19/09 PD-KEYS:MALL SUBSTATION- 4.31 2/19/2009 PD-2/19/09 PD-LUNCHEON MEEETING- 57.91 2/19/2009 PD-2/19/09 PD-REFRESHMENTS FOR- 26.39 2/19/2009 PD-2/19/09 PD-BOOK:FIREARMS TRNG UNIT- 49.90 2/19/2009 PD-2/19/09 PD-FIREARMS MAINTENANCE- 6.96 2/19/2009 PD-2/19/09 PD-REIMB:CAB FARES FOR - 82.00 210038 2/27/2009 007059 PHELPSTIRE CO, 138.18 1/26/2009 798802 PD-FLAT REPAIR 138.18 210039 2/27/2009 003520 PHUNG, NOVA C 111.88 2/13/2009 02/13/09 MC-INTERPRETER SVCS 111.88 210040 2/27/2009 000697 PIERCE COUNTY BUDGET & FINANCE, 16.50 2/24/2009 0421303016 PARKS-24TH SE 2ND HALF 09 PROP 16.50 210041 2/27/2009 009791 PIRTEK KENT, 318.38 2/10/2009 S1270853.001 MSFL T-MAINT/REPLACE HOSES 318.38 210042 2/27/2009 000808 PLATT ELECTRIC SUPPLY, 655.54 1/25/2009 5565283 FWCC-ELECTRICAL SUPPLIES 655.54 210043 2/27/2009 001411 POSTAL EXPRESS INC, 6,579.34 1/31/2009 BM29011004 CH/PS/MC-1/09 POSTAGE CHRS 580.30 1/31/2009 BM29011004 CH/PS/MC-1/09 POSTAGE CHRS 3,344.37 1/31/2009 BM29011004 CH/PS/MC-1/09 COURIER SVC 170.92 1/31/2009 BM29011004 CH/PS/MC-l/09 COURIER SVC 303.86 1/31/2009 BM29011004 CH/PS/MC-l/09 COURIER SVC 1,424.34 1/31/2009 BM29011004 CH/PS/MC-l/09 POSTAGE CHRS 755.55 210044 2/27/2009 005583 PRAXAIR DISTRIBUTION INC, 15.12 1/20/2009 31991215 PKM-WELDING SUPPLlESIINV#31991 15.12 210045 2/27/2009 001095 PRIMA - WASHINGTON CHAPTER, 125.00 2/20/2009 LAW:RM PRIMA DUES LAW:RM PRIMA 2009 Dues 125.00 210046 2/27/2009 010845 PRIORITY PRINT MANAGEMENT INC, 555.90 1/31/2009 00025554 PWSWM-PRINTING SERVICES- 315.01 1/26/2009 25494-2 . PWSWM-PRINTING COSTS- 96.25 1/26/2009 25494-1 PWSWM-PRINTING SERVICES- 144.64 210047 2/27/2009 009363 PRO- TOW MAPLE VALLEY, 192.22 2/9/2009 100854 PD-TOWlNG SERVICE 192.22 210048 2/27/2009 000512 PUGET SOUND BUSINESS JOURNAL, 327.00 2/6/2009 4000493191 CM.lED - CLASSIFIED ADVERTISIN 153.00 1/30/2009 4000492361 CM/ED - CLASSIFIED AD, RFC FOR 174.00 210049 2/27/2009 000051 PUGET SOUND ENERGY INC, 76,370.84 2/17/2009 004-919-1000 SWM-l/09 2101 S 324TH ST STORA 52.03 2/20/2009 PARKS 2009 02 PKCP-200902 S 324TH BLDG A- 459.12 2/20/2009 PARKS 2009 02 PKCP-200902 S 324TH BLDG B- 981.05 2/20/2009 PARKS 2009 02 PKF-200902 600 S 333RD ST. EVI 825.99 2/20/2009 PARKS 2009 02 DBC-200902 3200 DASH PT (67%)- 3,079.39 2/20/2009 PARKS 2009 02 PKKFT-200902 3200 DASH PT (33% 1,516.72 2/20/2009 PARKS 2009 02 PKF-200902 33914 19TH AVE SAG 2,971.95 2/20/2009 PARKS 2009 02 PKM-200902 2410 S 312TH STORAG 14.14 2/20/2009 PARKS 2009 02 PKF-200902 2645 S 312TH ANX-RR 1,482.04 2/20/2009 PARKS 2009 02 PKM-200902 2410 S 312TH BEACH 395.95 2/20/2009 PARKS 2009 02 PKM-200902 2410 S 312TH WOODSH 252.77 2/20/2009 PARKS 2009 02 PKF-200902 32730 17TH AVE ALDE 10.00 2/20/2009 PARKS 2009 02 PKF-200902 2645 S 312TH SEWER 10.96 2/20/2009 PARKS 2009 02 PKF-200902 2700 SW 340TH ALDER 9.99 2/20/2009 PARKS 2009 02 PKF-200902 28156 24TH PL HERIT 10.00 2/20/2009 PARKS 2009 02 PKF-200902 STLK STREET L1GHTS- 23.38 2/20/2009 PARKS 2009 02 PKF-200902 34915 4TH AVE MARKX 12.20 2/20/2009 PARKS 2009 02 PKF-200902 34915 4TH AVE PALlS 9.99 2/20/2009 PARKS 2009 02 PKF-200902 7TH AVE HISTORICAL 30.18 2/20/2009 PARKS 2009 02 PKF-200902 7TH AVE HISTORICAL 8.07 2/20/2009 PARKS 2009 02 PKF-200902 21ST AVE SWLAKOTA 455.08 2/20/2009 PARKS 2009 02 PKF-200902 31207 28TH AVE PARK 10.00 2/20/2009 PARKS 2009 02 PKF-2009022 SAC PARK RR FIELD 2,024.82 Bank of America Page 9 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 2/20/2009 PARKS 2009 02 PKF-200902 1ST AVE & CAMPUS DR 40.09 2/20/2009 PARKS 2009 02 PKF-200902 31104 28TH AVE S HA 215.85 2/20/2009 PARKS 2009 02 PKM-200902 31132 28TH AVE STLK 959.73 2/20/2009 PARKS 2009 02 FWCC-200902 876 S 333RD STREET 18,789.75 2/20/2009 PARKS 2009 02 PKM-200902 876 S 333RD STREET 133.69 2/20/2009 PARKS 2009 02 FWCC-200902 876 S 333RD STREET 19,665.51 2/20/2009 PARKS 2009 02 PKF-200902 2410 S 312TH BRICK 85.24 2/20/2009 PARKS 2009 02 PKF-200902 31104 28TH AVE S HA 43.39 2/20/2009 PARKS 2009 02 PKM-200902 31132 28TH AVE STLK 612.10 2/20/2009 PARKS 2009 02 PKF-200902 600 S 333RD ST. EVI 744.77 2/20/2009 PARKS 2009 02 DBC-200902 3200 DASH PT (67%)- 1,729.47 2/20/2009 PARKS 2009 02 PKKFT-200902 3200 DASH PT (33% 851.83 2/20/2009 PARKS 2009 02 CHB-200902 33325 8TH AVE S- 17,853.60 210050 2/27/2009 008701 PUGET SOUND SERVICES, 2,400.00 1/29/2009 0247 FWCC-FEB 2009 JANITORIAL 2,400.00 210051 2/27/2009 007837 QUARTERMASTER, 132.73 2/3/2009 P643914701017 PO-EXPLORER WOOL CAPS 32.95 2/4/2009 P643565501013 PO-WOOL CAPS 16.50 2/4/2009 P6439139000016 PO-SHOULDER PATCHES 83.28 210052 2/27/2009 000202 QV\lEST, 25.81 2/4/2009 253 835-0579 886R IT-MC-2/09 FAX MACHINE JUDGES 25.81 210053 2/27/2009 008264 R-4 PRINTING INC, 2,237.23 1/31/2009 60319 CM/INFO - PRINTING #10 ENVELOP 470.88 1/31/2009 60327 CM/INFO - PRINTING BUS. CARDS, 484.51 1/31/2009 60328 CMIINFO - PRINTING LETTERHEAD, 356.43 1/31/2009 60320 CMIINFO - PRINTING, NOTECARDS 925.41 210054 2/27/2009 010359 REDEMANN, DAVID 1,000.00 2/18/2009 BAKER REGISTER PO-SURVEILLANCE TRNG-BAKER 500.00 2/18/2009 BASSAGE REGISTER PO-SURVEILLANCE TRNG. - BASSAG 500.00 210055 2/27/2009 005792 RICHEN, GEORGE 145.00 2/3/2009 RICHEN-2009 PKM-BACKFLOW ASSEMBLY TESTER 145.00 210056 2/27/2009 005939 RIGHT BRAIN UNLIMITED LLC, 368.58 1 0/9/2008 31539 PKM-DOGGIE BAG DISPENSER BOXES 368.58 210057 2/27/2009 007297 ROBERTS, BRIAN 169.21 2/24/2009 ROBERTS 2009 PWST-CERTIFICE POSTAGE PH IV 169.21 210058 2/27/2009 005508 SAFAROVA-DOWNEY, ALMIRA 250.60 2/13/2009 02/13/09 MC-INTERPRETER SVCS 125.30 2/17/2009 02/17/09 MC-INTERPRETER SVCS 125.30 210059 2/27/2009 003726 SAFEWAY STORE #1555, 30.47 2/6/2009 1669094 PRCS-VALENTINE DAY ART PROJECT 30.47 210060 2/27/2009 011284 SANDS COSTNER & ASSOC. INC, 2,746.48 1/30/2009 CFW-08-1073 CM/ED - AD CREATION & DESIGN 385.92 2/5/2009 CFW-09-1100 CM/ED - QUARTERLY CALENDAR REV 2,360.56 210061 2/27/2009 001213 SECOMA FENCE INC, 2,378.38 2/4/2009 7370 PWST-REPAIRS & MAINTENANCE- 2,378.38 210062 2/27/2009 005340 SENIOR SERVICES OF SEATTLE, 137.00 2/1712009 SR MEAL DEC-2008 SR MEAL PROGRAM-DEC 2008 137.00 210063 2/27/2009 001988 SERVICE LINEN SUPPLY, 38.01 2/9/2009 209/1157 PRCS-L1NEN SERVICE 38.01 210064 2/27/2009 001480 SHERWIN-WILLIAMS CO, 269.26 1/21/2009 9099-4 PKCP-PAINT & PAINT SUPPLIES 87.39 2/4/2009 9438-4 FWCC-PAINT 181.87 210065 2/27/2009 010479 SHERWOOD, MARIA 30.00 2/6/2009 564235 PRCS-CLASS FEE REFUND 30.00 210066 2/27/2009 010711 SIVER, CATRIONA 1,209.00 2/24/2009 SIVER 2009 PO-TUITION REIMB. SIVER 1,209.00 210067 2/27/2009 002683 SIX ROBBLEES' INC, 1,553.52 12/22/2008 56253 MSFL T- TIRE CAM CHAIN 1,435.84 12/17/2008 2-424431 MSFL T- TRUCK RUBBER SPIDER 117.68 210068 2/27/2009 004963 SOUND PUBLISHING INC, 1,728.92 1/24/2009 175160B PWST-RFB 2009 ASPHALT OVERLAY 314.36 1/1712009 175160A PWST-RFB 2009 ASPHALT OVERLAY 314.36 Bank of America Page 10 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 11/1/2008 136091 MSNR-l1/1/08 EMPLOYMENT AD 114.40 11/15/2008 147715 MSHR-11/15/08 EMPLOYMENT AD 85.80 11/26/2008 138190 MSHR-CAREER GUIDE AD 450.00 1/28/2009 176478 PWTR-FW ACCESS PROJECT AD 450.00 210069 2/27/2009 003001 SOUTH KING COUNCIL-HUMAN SVCS, 50.00 2/11/2009 SCKHS-AMD-09 CD/HS SKCHS DUES 25.00 2/11/2009 SCKHS-AMD-09 CD/HS SKCHS DUES 25.00 210070 2/27/2009 007438 SPRINT/ROTHHAMMER INT'L, 472.54 2/13/2009 55419A PRCS/FWCC/POOL - ITEMS FOR RES 472.54 210071 2/27/2009 003307 STERICYCLE INC, 11.14 1/31/2009 3000344876 PD-WASTE DISPOSAL FEES 11.14 210073 2/27/2009 006414 SUMNER VETERINARY HOSPITAL, 57.59 2/2/2009 561280 PD-2/1/09 BOARDING - CALEB 57.59 210074 2/27/2009 009523 SYSTEMS FOR PUBLIC SAFETY, 1,048.20 2/15/2009 11718 PD-LED LIGHT REPAIR 62.55 2/15/2009 11719 PD-INSTALL PRIORITY START 180.95 2/11/2009 11701 PD-REPLACE BATTERY 207.91 2/9/2009 11658 PDE-LED ROCKER SWITCH REPLACE 190.60 2/11/2009 11669 PD-SWAP OUT VRM/ANTENNA 361.22 1/30/2009 11644 PD-RE-WlRE SIDE LIGHT 44.97 210075 2/27/2009 005215 TAB NORTHWEST, 848.23 9/26/2009 09-28482 MC-FILE FOLDERS 623.45 1/31/2009 01-29176 PD-FILE FOLDERS & LABELS 224.78 210076 2/27/2009 005970 TACOMA RADIOLOGY & MEDICAL, 188.00 1/27/2009 424197-TRAl PD-l/09 PRISONER MED TREAT 69.00 1/27/2009 41690-TRAl PD-1/09 PRISONER MED TREATMENT 119.00 210077 2/27/2009 008470 TACTICAL DESIGN LABS, 480.00 2/9/2009 6392 PD-GLOCK HOLSTER 121.50 2/9/2009 6390 PD-GLOCK HOLSTERS 237.00 2/9/2009 6391 PD-GLOCK HOLSTER 121.50 210078 2/27/2009 009789 TERMINIX, 107.91 1/19/2009 283563323 PARKS-PEST CONTROL 34915 4TH A 107.91 210079 2/27/2009 009579 THE ACTIVE NETWORK, L TD, 16,854.19 1/9/2009 1000011325 M&O FWCC/DBC CLASS MAINTENANCE 16,854.19 210080 2/27/2009 009170 THE KOREA DAILY, 75.00 1/15/2009 82969 CD/HS KOREA DAILY 75.00 210081 2/27/2009 003088 THE PART WORKS INC, 91.76 2/2/2009 250816 PARKS-TRAP PRIMER 91.76 210082 2/27/2009 011186 THE WIDE FORMAT COMPANY, 216.70 2/6/2009 36098 IT- KIP 2000 SCANNERIPLOTTER M 190.75 2/6/2009 36098 IT- KIP 2000 SCANNERIPLOTTER M 25.95 21008~ 2/27/2009 009280 THUNDERING OAK ENTERPRISES INC, 1,035.50 2/3/2009 3522 PKM-REMOVAL OF ALDERS/INV#3522 1,035.50 210084 2/27/2009 001424 THYSSENKRUPP ELEVATOR INC, 642.46 2/1/2009 871844 FWCC-ELEVATOR MAINT SVC 642.46 210085 2/27/2009 009914 TRIMBLE, SUZANNE L 430.00 2/4/2009 537 CM-COURT REPORTER SVC - 430.00 210086 2/27/2009 002426 UNITED GROCERS CASH & CARRY, 282.23 2/11/2009 138156 PRCS-FDUB SWEETHEART DANCE SUP 33.41 1/15/2009 130995 PRCS-COOKING CLASS SUPPLIES 50.81 2/5/2009 136482 PRCS-COOKING CLASS SUPPLIES 48.18 2/11/2009 138156 PRCS-FDUB SWEETHEART DANCE SUP 149.83 210087 2/27/2009 003837 UNITED PARCEL SERVICE, 60.07 1/31/2009 000F6588V059 PD-DOCUMENT DELIVERY SERVICE 22.52 2/14/2009 0000F80F48079 PD-DOCUMENT DELIVERY SERVICE -1.05 2/14/2009 0000F6588V079 PD-DOCUMENT DELIVERY SERVICE 38.60 210088 2/27/2009 000769 UNITED PIPE & SUPPLY CO INC, 1,192.85 1/29/2009 8113599 PKM-SUPPLlES FOR CELEBRATION P 95.52 1/30/2009 8115418 PKM-CELEBRATION PARK BLDGIINV# 105.00 1/30/2009 8115418 PKM-MISC PARK SUPPLlES/INV#811 270.80 11/26/2008 8087272 PKM-DRAINAGE FABRIC FOR WlLDWO 721.53 210089 2/27/2009 005019 UNITED RENTALS NORTHWEST INC, 944.30 Bank of America Page 11 of 35 Check No. Dale Vendor Inv Date Invoice Description Amount Check Total 2/2/2009 79320297-001 PKM-EQUIPMENT RENTAU4WD BOOM 906.14 2/18/2009 79671289-001 PWST-EQUIPMENT RENTAL 38.16 210090 2/27/2009 011298 UNIVERSITY OF TENNESSEE, 400.00 2/17/2009 OTTO REGISTER PO-BLOODSTAIN PATTERN TRNG OTT 200.00 2/1712009 CLARY REGISTER PO-BLOODSTAIN PATTERN TRNG CLA 200.00 210091 2/27/2009 005715 USA MOBILITY WIRELESS, 69.07 2/2/2009 S6163838B IT-2/09 PAGER LEASE 35.92 2/2/2009 S6163838B IT-2/09 PAGER LEASE 33.15 210092 2/27/2009 004889 VAN METER & ASSOCIATES INC, 115.00 2/18/2009 00-11841 PO-APPLIED LEADERSHIP TRNG K S 115.00 210093 2/27/2009 001124 VERIZON WIRELESS, 103.15 2/12/2009 0734768695 PO-BAIT CAR WIRELESS 37.54 2/13/2009 0735225799 IT-PD-BOMB SQUAD CELLULAR 65.61 210094 2/27/2009 007013 VRPDA (VALLEY RETIRED POLICE, 300.00 1/29/2009 JANUARY 29,2009 PD-2008/2009 VRPDA DUES- 300.00 210095 2/27/2009 000253 WA STATE DEPT OF TRANSPORTATN, 200.00 2/19/2009 MARCH 21, 2009 SWR-TWlN LKS PARK/RIDE RENT FO 200.00 210096 2/27/2009 003825 WA STATE DEPT OF TRANSPORTATN, 411.45 2/10/2009 RE-313-A TB90210115 PWCIP-SR99 HOV LANES PH IV- 411.45 210097 2/27/2009 004628 WA STATE PATROL, 1,061.00 2/3/2009 109005355 MSHR-1/09 BKGRND INVEST SVC 60.00 2/3/2009 109005682 PO-CONCEALED WEAPON - FBI 1,001.00 210098 2/27/2009 006876 WA STATE POLICE CANINE ASSOC, 660.00 2/18/2009 NOVAK 2009 DUES PD-2009 WSPCA DUES - NOVAK 35.00 2/18/2009 ORTA 2009 DUES PD-WSPCA 2009 DUES - ORTA 35.00 2/11/2009 SCHWAN DUES 2009 PD-WSPCA DUES SCHWANN 35.00 2/18/2009 NOVAK REGISTER PD-WSPCA SPRING CONF. NOVAK 185.00 2/18/2009 ORTA REGISTER PD-WSPCA SPRING CONF. ORTA 185.00 2/18/2009 SCHWAN REGISTER PD-WSPCA SPRING CONF. SCHWAN 185.00 210099 2/27/2009 000514 WA STATE-STATE REVENUES, 104,328.99 2/26/2009 JAN 09 MSF-AUTO THEFT PREVo 9,278.31 2/26/2009 JAN 09 MSF-SCHOOL ZONE SAFETY 247.92 2/26/2009 JAN 09 MSF-PSEA JIS FEES 17,798.03 2/26/2009 JAN 09 MSF-STATE PORTION REMIT FEES C 46,072.39 2/26/2009 JAN 09 MSF-BRAIN TRAUMA INJ 1,494.65 2/26/2009 JAN 09 MSF-SBCC SURCHARGE FEES 94.50 2/26/2009 JAN 09 MSF-PSEA COURT FEES #2 24,222.01 2/26/2009 JAN 09 MSF-PSEA COURT FEES #3 218.25 2/26/2009 JAN 09 MSF-TRAUMA VICTIMS FEES 4,902.93 210100 2/27/2009 004421 WARRANTY PLUS SERVICE CTR INC, 272.50 1/22/2009 41379 IT - CD MOTHERBOARD REPLACEMEN 272.50 210101 2/27/2009 000343 WASHDUP, LLC, 902.99 1/31/2009 ELEPHANT CAR PD-1/31109 CAR WASH SERVICE 902.99 210102 2/27/2009 008646 WASHINGTON WORKWEAR LLC, 598.25 1/28/2009 6032 PWSWM-WORK CLOTHING- 258.34 2/11/2009 6062 PWSWM-MAINT CREW WORK CLOTHES- 339.91 210103 2/27/2009 000802 WCMA-WA CITY MANAGEMENT ASSOC, 162.00 2/4/2009 WCMA-WA-2009 CM - WCMA ANNUAL DUES FOR NEAL 162.00 210104 2/27/2009 010637 WEAVER PUBLICATIONS, INC, 598.00 2/1/2009 IN3472 CM/ED - WEB ADVERTISING CAMPAI 598.00 210105 2/27/2009 003500 WESCOM COMMUNICATIONS, 207.10 2/6/2009 19096 PO-CALIBRATE RADAR SYSTEM 109.00 2/6/2009 19097 PO-CALIBRATE RADAR SYSTEM 98.10 210106 2/27/2009 000173 WEST PAYMENT CENTER, 1,519.19 1/31/2009 817661 008 IT-LA- WEST LAW SVCS 1,519.19 210107 2/27/2009 000541 WESTERN EQUIPMENT DISTRIBUTORS, 1,399.03 2/3/2009 581951 MSFL T-COMPLETE WINTER SERVICE 1,399.03 210108 2/27/2009 001798 WESTERN PETERBIL T INC, 964.16 1/30/2009 TA1316 MSFLT-CHASSIS DYNO INSPECT., L 436.70 2/2/2009 TA1338 MSFLT-CHASSIS DYNO INSP., LOW 527.46 210109 2/27/2009 010057 WHISTLE WORKWEAR, 939.75 2/11/2009 53544 PWST-MAINT CREW WORK CLOTHES- 76.31 Bank of America Page 12 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 2/11/2009 53542 PWST-MAINT CREW WORK CLOTHES- 356.31 2/10/2009 53502 PWSWM-MAINT WORK CLOTHES- 428.82 1/27/2009 52478 PKM-WORK PANTS/BOYD/INV#52478 78.31 210110 2/27/2009 005680 WILD WEST INTERNATIONAL LLC, 17.41 1/31/2009 5458 PD-1/15-2/2/09 RANGE FEES 17.41 210111 2/27/2009 010720 WILDER, SAMANTHA 446.32 1/31/2009 WECFW10 SWR-AG08-044 RECYCLING PROGRAM 446.32 210112 2/27/2009 010566 WRAY, VINCENT J 350.00 1/17/2009 2042 PWSWR-GRANT EXPENDITURES- 350.00 210113 2/27/2009 005722 YAKIMA COUNTY DEPARTMENT OF, 86,128.40 2/10/2009 JANUARY 2009 PD-1/09 JAIL SVCS AGOO-167- 86,128.40 210114 3/2/2009 001003 CATHOLIC COMMUNITY SERVICES, 3,000.00 3/2/2009 AG09-029 PO-AFTER HOURS VOUCHER PROGRAM 3,000.00 210115 3/2/2009 000567 WA STATE DEPT OF ECOLOGY, 60.00 3/2/2009 REGISTER CLARK CD-PLANNING FOR CLIMATE CHG SM 60.00 210122 3/4/2009 003137 KING COUNTY TREASURY DIVISION, 21,403.37 3/4/2009 066231095002 PW-09 KC NOX WEED BELLACARINO 2.55 3/4/2009 066231096000 PW-09 KC NOX WEED BELLACARINO 2.10 3/4/2009 926975092004 PW-09 KC NOX WEED WEST MARC TR 2.10 3/4/2009 750380037002 PW-09 KC NOX WEED SAGHALlE FIR 2.25 3/4/2009 802950067008 PW-09 KC NOX WEED STORM BROOK 2.10 3/4/2009 894720013008 PW-09 KC NOX WEED VIRGINIA HIL 2.10 3/4/2009 615100013007 PW-09 KC NOX WEED N. SHORE TRA 2.10 3/4/2009 618143091006 PW-09 KC NOX WEED N. LAKE RIDG 2.25 3/4/2009 738700011005 PW-09 KC NOX WEED ROE, JOHN TR 2.10 3/4/2009 542090011009 PW-09 KC NOX WEED MEADOWLANE 0 2.10 3/4/2009 542242089002 PW-09 KC NOX WEED MEADOWPARK 2.10 3/4/2009 556050044008 PW-09 KC NOX WEED MIRROWWOOD 2.10 3/4/2009 308900022507 PW-09 KC NOX WEED HANNONS HALF 2.40 3/4/2009 416795034006 PW-09 KC NOX WEED LAKOTA TRAIL 2.10 3/4/2009 416795056009 PW-09 KC NOX WEED LAKOTA TRAIL 2.25 3/4/2009 294450073001 PW-09 KC NOX WEED GROUSE PT. 2.10 3/4/2009 294451031008 PW-09 KC NOX WEED GROUSE PT 2.10 3/4/2009 304020006009 PW-09 KC NOX WEED SR99 PH III 2.10 3/4/2009 189890033005 PW-09 KC NOX WEED DASH PT TRAC 2.10 3/4/2009 242103904403 PW-09 KC NOX WEED LOT 24-21-03 2.10 3/4/2009 255700096001 PW-09 KC NOX WEED FIRCREST PAR 2.10 3/4/2009 132190023003 PW-09 KC NOX WEED CAMPUS RIDGE 2.10 3/4/2009 167300089106 PW-09 KC NOX WEED COLELLA ESTA 2.25 3/4/2009 189820014000 PW-09 KC NOX WEED DASH PT. GLE 2.25 3/4/2009 042104920006 PW-09 KC NOX WEED SR99 PH III 2.25 3/4/2009 113780048006 PW-09 KC NOX WEED BROOKFIELD C 2.25 3/4/2009 122103904902 PW-09 KC NOX WEED 3.45 3/4/2009 921152060007 PW-09 KC NOX WEED WEDGEWOOD WE 2.10 3/4/2009 926910007000 PW-09 KC NOX WEED WEST HILL 2.25 3/4/2009 010450111009 PW-09 KC NOX WEED ALDERBROOK D 2.25 3/4/2009 667265053005 PW-09 KC NOX WEED PACKWOOD CAM 2.10 3/4/2009 921151092001 PW-09 KC NOX WEED WEDGEWOOD WE 2.10 3/4/2009 921152058001 PW-09 KC NOX WEED WEDGEWOOD WE 2.10 3/4/2009 618143092004 PW-09 KC NOX WEED N.LAKE RIDGE 2.25 3/4/2009 638515022009 PW-09 KC NOX WEED OLYMPIC PLAI 2.10 3/4/2009 667265052007 PW-09 KC NOX WEED PACKWOOD CAM 2.25 3/4/2009 515330023000 PW-09 KC NOX WEED MARINE VIEW 2.10 3/4/2009 516200046006 PW-09 KC NOX WEED MARLBROOK TR 2.10 3/4/2009 516210086000 PW-09 KC NOX WEED MARLBROOK TR 2.10 3/4/2009 302104917703 PW-09 KC NOX WEED 356TH 2.25 3/4/2009 304020005506 PW-09 KC NOX WEED SR 99 PH III 2.10 3/4/2009 502945129000 PW-09 KC NOX WEED MADRONA TRAI 2.10 3/412009 241330110008 PW-09 KC NOX WEED EVERGREEN ES 2.10 3/4/2009 302104913207 PW-09 KC NOX WEED SW 356TH 2.55 3/4/2009 302104917604 PW-09 KC NOX WEED 356TH 2.10 3/4/2009 211570027006 PW-09 KC NOX WEED DUMAS BAY ES 2.10 3/4/2009 211572058009 PW-09 KC NOX WEED DUMAS BAY ES 2.10 Bank of America Page 13 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 3/4/2009 241260015003 PW-09 KC NOX WEED EVERGREEN CR 2.10 3/4/2009 132173087009 PW-09 KC NOX WEED CAMPUS HIGHL 2.25 3/4/2009 132174090002 PW-09 KC NOX WEED CAMPUS HIGHL 2.25 3/4/2009 211551063004 PW-09 KC NOX WEED DUMAS BAY 2.10 3/4/2009 005070020002 PW-09 KC NOX WEED ADELAIDE BEA 2.25 3/4/2009 132140099004 PW-09 KC NOX WEED CAMPUS GLEN 2.10 3/4/2009 132140100000 PW-09 KC NOX WEED CAMPUS GLEN 2.25 3/4/2009 941269008004 PW-09 KC NOX WEED WILDWOOD EST 2.10 3/4/2009 005050011005 PW-09 KC NOX WEED ADELAIDE BEA 2.10 3/4/2009 005050012003 PW-09 KC NOX WEED ADELAIDE BEA 2.10 3/4/2009 750380038000 PW-09 KC NOX WEED SAGHALlE FIR 2.10 3/4/2009 802950066000 PW-09 KC NOX WEED STONE BROOK 2.10 3/4/2009 891420044002 PW-09 KC NOX WEED VIEW POINT A 2.10 3/4/2009 609330007004 PW-09 KC NOX WEED NINE FIRS TR 2.10 3/4/2009 618140101006 PW-09 KC NOX WEED N. LAKE RIDG 2.40 3/4/2009 742800043009 PW-09 KC NOX WEED ROSELLA LANE 2.10 3/4/2009 440670006004 PW-09 KC NOX WEED LORRAINE LAN 2.10 3/4/2009 525980050005 PW-09 KC NOX WEED MCALPINE OPE 2.25 3/4/2009 542242088004 PW-09 KC NOX WEED MEADOWPARK 2.10 3/4/2009 306560052004 PW-09 KC NOX WEED HAMSTEAD GRE 2.10 3/4/2009 322104904907 PW-09 KC NOX WEED KIM PROPERTY 3.45 3/4/2009 416795035003 PW-09 KC NOX WEED LAKOTA TRAIL 2.10 3/4/2009 279150057008 PW-09 KC NOX WEED GLENEDEN EST 2.10 3/4/2009 292104915908 PW-09 KC NOXlSWM TAX 23.29 3/4/2009 294450074009 PW-09 KC NOX WEED GROUSE PT 2.10 3/4/2009 189830032000 PW-09 KC NOX WEED DASH PT. HIG 2.10 3/4/2009 189890034003 PW-09 KC NOX WEED DASH PT. TRA 2.10 3/4/2009 242103907000 PW-09 KC NOX WEED VACANT NEXT 2.10 3/4/2009 122103915908 PW-09 KC NOX WEED ACCESS DECAT 2.10 3/4/2009 132174091000 PW-09 KC NOX WEED CAMPUS HIGHL 2.10 3/4/2009 167300089007 PW-09 KC NOX WEED COLELLA ESTA 2.25 3/4/2009 042104924206 PW-09 KC NOXlSWM TAX FEES SR99 222.96 3/4/2009 092104930307 PW-09 KC NOXlSWM TAX WALMART 3 2.25 3/4/2009 122103904100 PW-09 KC NOX WEED 2.55 3/4/2009 788878015007 PW-09 KC NOX WEED SOUTHAMPTON 2.10 3/4/2009 800200011008 PW-09 KC NOX WEED STERLING WOO 2.10 3/4/2009 010451060007 PW-09 KC NOX WEED ALDER BROOK D 2.10 3/4/2009 556050043000 PW-09 KC NOX WEED MIRROR WOOD 2.10 3/4/2009 762240002605 PW-09 KC NOX WEED THE COMMONS 2.25 3/4/2009 779645071001 PW-09 KC NOX WEED SILVERWOOD T 2.25 3/4/2009 542350062007 PW-09 KC NOX WEED MEADOWS OF P 2.10 3/4/2009 555960017005 PW-09 KC NOX WEED MIRROR LK TR 2.10 3/4/2009 555990019005 PW-09 KC NOX WEED MIRROR LK TE 2.10 3/4/2009 337530071006 PW-09 KC NOX WEED HILLSIDE HEI 2.25 3/4/2009 416795032000 PW-09 KC NOX WEED LAKOTA TRAIL 2.10 3/4/2009 416795033008 PW-09 KC NOX WEED LAKOTA TRAIL 2.10 3/4/2009 292104908002 PW-09 KC NOX WEED 3.00 3/4/2009 322104905508 PW-09 KC NOX WEED KIM PROPERTY 2.40 3/4/2009 327905020001 PW-09 KC NOX WEED HIGH POINT P 2.25 3/4/2009 286850008009 PW-09 KC NOX WEED GRANVILLE PL 2.10 3/4/2009 290931021007 PW-09 KC NOX WEED THE GREENS 2.25 3/4/2009 292104902104 PW-09 KC NOX WEED 4.50 3/4/2009 176110055009 PW-09 KC NOX WEED COLELLA ESTA 2.10 3/4/2009 176110057005 PW-09 KC NOX WEED CORONADO DET 2.10 3/4/2009 189545039001 PW-09 KC NOX WEED DANVILLE STA 2.25 3/4/2009 082104925407 PW-09 KC NOX WEED 2.25 3/4/2009 092104928004 PW-09 KC NOX WEED BLA97-0008 2.25 3/4/2009 167300093009 PW-09 KC NOX WEED COLELLA ESTA 2.10 3/3/2009 092104902108 PARK-09 NOXlSWM OPEN SPACE 5,782.28 3/312009 926500019001 PARK-09 NOX WEED EVID. BLDG PA 2.25 3/3/2009 926500018003 PARK-09 NOX WEED EVID BLDG PAR 2.25 3/312009 926500019506 PARK-09 NOX WEED EVID BLDG PAR 2.10 3/3/2009 092104905705 PARK-09 NOXlSWM OPEN SPACE 1.716.04 3/3/2009 092104919805 PARK-09 NOX WEED STLK MAl NT 87.40 Bank of America Page 14 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 3/3/2009 926500029000 PARK-09 NOX WEED S CAMPUS OS 4,367.83 3/3/2009 926493100008 PARK-09 NOX WEED W CAMPUS OS 4.65 3/3/2009 926492116005 PARK-09 NOX WEED W CAMPUS OS 2.85 3/3/2009 894500107509 PARK-09 NOX WEED VILLAGE PARK 2.10 3/3/2009 921150077003 PARK-09 NOX WEED WEDGEWOOD 1 2.10 3/3/2009 729802028005 PARK-09 NOX WEED W CAMPUS TRAI 2.25 3/3/2009 921150074000 PARK-09 NOX WEED WEDGEWOOD PAR 2.25 3/3/2009 921151091003 PARK-09 NOX WEED WEDGEWOOD PAR 2.40 3/3/2009 92649023104 PARK-09 NOX WEED OPEN SPACE 3.15 3/3/2009 926491159006 PARK-09 NOX WEED W CAMPUS OS 3.60 3/3/2009 926492115007 PARK-09 NOX WEED W CAMPUS OS 2.55 3/3/2009 666491045009 PARK-09 NOX WEED BPA TRAIL 2.85 3/3/2009 666491046007 PARK-09 NOX WEED BPA TRAIL 34.82 3/3/2009 921151093009 PARK-09 NOX WEED WEDGEWOOD PAR 2.10 3/3/2009 666490058003 PARK-09 NOX WEED BPA TRAIL 2.25 3/3/2009 666490059001 PARK-09 NOX WEED BPA TRAIL 2.10 3/3/2009 666491043004 PARK-09 NOX WEED PARKLANE ESTA 2.25 3/3/2009 327900076008 PARK-09 NOX HIGH POINT OS 2.25 3/3/2009 327900077006 PARK-09 NOX HIGH POINT OS 2.25 3/3/2009 383300000502 PARK-09 NOX KENWOOD OS 3.00 3/3/2009 926494118009 PARK-09 NOX WEED W CAMPUS OS 2.55 3/3/2009 292104905909 PARK-09 NOX WEED SPRING VALLEY 2.55 3/3/2009 327900075000 PARK-09 NOX HIGH POINT OS 2.25 3/3/2009 555732023000 PARK-09 NOX WEED MIRROR GLEN 2.10 3/312009 720560018007 PARK-09 NOX WEED REDONDO VIEW 2.10 3/3/2009 729805060005 PARK-09 NOX WEED WCAMPUS TRAI 3.60 3/3/2009 416730036009 PARK-09 NOX WEED LAKOTA HIGHLA 2.25 3/3/2009 440561027002 PARK-09 NOX WEED OPEN SPACE 2.25 3/3/2009 542350064003 PARK-09 NOX WEED BPA TRAIL 2.55 3/3/2009 292104915106 PARK-09 NOX WEED OPEN SPACE 89.05 3/3/2009 306560051006 PARK-09 NOX WEED HAMPSTEAD GRE 2.85 3/3/2009 326070119002 PARK-09 NOX WEED BPA TRAIL 2.70 3/3/2009 926494119007 PARK-09 NOX WEED W CAMPUS OS 2.10 3/3/2009 9264961010003 PARK-09 NOX WEED WEST CAMPUS 0 4.35 3/3/2009 292104907509 PARK-09 NOX WEED OPEN SPACE 2.25 3/3/2009 555730049007 PARK-09 NOX WEED MIRROR GLEN 2.25 3/3/2009 666491047005 PARK-09 NOX WEED BPA TRAIL 12.86 3/3/2009 926494117001 PARK-09 NOX WEED ALDER BROOK PA 3.30 3/3/2009 438800052005 PARK-09 NOX WEED LOCHAVEN OS 4.20 3/3/2009 502860230007 PARK-09 NOX WEED MADRONA MEADO 3.00 3/3/2009 542242091008 PARK-09 NOX WEED BPA TRAIL 2.25 3/3/2009 292104915007 PARK-09 NOX WEED HYLEBOS OS 2.55 3/3/2009 302104916309 PARK-09 NOX WEED MADRONA PARK 3.75 3/3/2009 321020053005 PARK-09 NOXlSWM HEALY PALISADE 87.40 3/3/2009 292104900900 PARK-09 NOX WEED OPEN SPACE 2.85 3/3/2009 292104901304 PARK-09 NOX WEED HYLEBOX WETLA 2.85 3/3/2009 292104906808 PARK-09 NOX WEED HYLEBOS OS 2.40 3/3/2009 218000024008 PARK-09 NOX WEED 363RD OPEN SP 2.25 3/3/2009 218000139103 PARK-09 NOX WEED MADRONA PARK 2.25 3/3/2009 218000139301 PARK-09 NOX WEED 363RD OPEN SP 2.25 3/3/2009 926975093002 PARK-09 NOX WEED WEST MARC 2.40 3/3/2009 954280202001 PARK-09 NOX WEED WOODBRIDGE PA 3.90 3/3/2009 218000018505 PARK-09 NOX WEED 363RD OPEN SP 2.25 3/3/2009 926495113009 PARK-09 NOX WEED ENGLISH GARDE 2.25 3/3/2009 926495114007 PARK-09 NOX WEED ENGLISH GARDE 2.10 3/3/2009 926496100005 PARK-09 NOX WEED WCAMPUS OS 2.70 3/3/2009 894430083002 PARK-09 NOX WEED VILLAGE GREEN 2.10 3/3/2009 894430084000 PARK-09 NOX WEED VILLAGE GREEN 2.10 3/3/2009 926495112001 PARK-09 NOX WEED ENGLISH GARDE 2.55 3/3/2009 542242090000 PARK-09 NOX WEED BPA TRAIL 2.40 3/3/2009 797820016203 PARK-09 NOXlSWM THOMPSON PARK 87.70 3/3/2009 873219105004 PARK-09 NOX WEED TWIN LK VISTA 2.70 3/3/2009 502946058000 PARK-09 NOX WEED MADRONA TRAIL 2.40 3/3/2009 502946059008 PARK-09 NOX WEED MADRONA TRAIL 2.10 Bank of America Page 15 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 3/3/2009 516210087008 PARK-09 NOX WEED MARLBROOK OS 2.40 3/3/2009 292104915502 PARK-09 NOX WEED HYLEBOS OS 3.00 3/3/2009 292104915601 PARK-09 NOX WEED HYLEBOS OS 3.45 3/3/2009 292104915700 PARK-09 NOX WEED HYLEBOS OS 8.40 3/3/2009 292104900900 PARK-09 NOXlSWM BLUEBERRY FARM 4,573.69 3/3/2009 292104915205 PARK-09 NOX WEED SPRING VALLEY 2.10 3/3/2009 292104915403 PARK-09 NOX WEED HYLEBOS OS 2.85 3/3/2009 218820400503 PARK-09 NOX WEED OPEN SPACE 2.10 3/3/2009 241330109000 PARK-09 NOX WEED EVERGREEN EST 2.25 3/3/2009 292104900603 PARK-09 NOXlSWM HYLEBOS BASIN 89.35 3/3/2009 292104904308 PARK-09 NOXlSWM OPEN SPACE 87.70 3/3/2009 218000009504 PARK-09 NOX WEED 363RD OPEN SP 2.25 3/3/2009 218820371506 PARK-09 NOX WEED OPEN SPACE 2.10 3/3/2009 218000129005 PARK-09 NOX WEED MADRONA PARK 2.55 3/3/2009 292104902302 PARK-09 NOX WEED OPEN SPACE 7.05 3/3/2009 292104904100 PARK-09 NOX WEED OPEN SPACE 2.40 3/3/2009 218000081008 PARK-09 NOX WEED 363RD OPEN SP 2.25 3/3/2009 218000082006 PARK-09 NOX WEED 363RD OPEN SP 2.10 3/3/2009 218000093508 PARK-09 NOX WEED 363RD OPEN SP 2.10 3/3/2009 192104905000 PARK-09 NOX WEED OPEN SPACE 43.94 3/3/2009 202104901501 PARK-09 NOXlSWM OPEN SPACE 88.75 3/3/2009 218000080505 PARK-09 NOX WEED 363RD OPEN SP 2.10 3/3/2009 122103901601 PARK-09 NOX WEED LAKOTA PARK 6.30 3/3/2009 189831047007 PARK-09 NOX WEED DASH PT. HIGH 2.85 3/3/2009 189860017004 PARK-09 NOX WEED TRACT A DASH 2.10 3/3/2009 114001017002 PARK-09 NOX WEED HYLEBOS OS 2.25 3/3/2009 114001018000 PARK-09 NOX WEED HYLEBOS OS 2.25 3/3/2009 119600033201 PARK-09 NOX WEED RABIE PROPERT 2.10 3/3/2009 052104901609 PARK-09 NOX WEED OPEN SPACE 47.00 3/3/2009 062104901202 PARK-09 NOX WEED SHORELINE PAR 2.25 3/3/2009 072104909808 PARK-09 NOX WEED FISHERS POND 4.05 3/3/2009 202104905403 PARK-09 NOX WEED W HYLEBOS WET 7.05 3/3/2009 202104906203 PARK-09 NOX WEED OPEN SPACE 24.86 3/3/2009 012103904707 PARK-09 NOX WEEK POVERTY BAY P 7.65 3/3/2009 132103904307 PARK-09 NOX WEED OL Y. VIEW PAR 3.60 3/3/2009 182104903600 PARK-09 NOX WEED BPA TRAIL 2.85 3/3/2009 182104905704 PARK-09 NOX WEED W. CAMPUS TRA 2.40 3/3/2009 112103905108 PARK-09 NOXlSWM OPEN SPACE 623.83 3/3/2009 114000031004 PARK-09 NOX WEED HYLEBOS OS 2.25 3/3/2009 122103913606 PARK-09 NOX WEED ADELAIDE PARK 3.15 3/3/2009 010920077004 PARK-09 NOX WEED ALDERBROOK PA 2.40 3/3/2009 072104919104 PARK-09 NOX WEED LK GROVE PARK 2.85 3/3/2009 082104909708 PARK-09 NOX WEED MIRROR LK PAR 2.55 3/3/2009 292104901106 PARK-09 NOXlSWM OPEN SPACE 87.55 3/3/2009 010450109003 PARK-09 NOX WEED ALDER BROOK PA 2.40 3/3/2009 010452035008 PARK-09 NOX WEED ALDER BROOK PA 2.10 3/3/2009 218000139202 PARK-09 NOX WEED 363RD OPEN SP 2.10 3/3/2009 218820242004 PARK-09 NOX WEED OPEN SPACE 2.10 3/3/2009 292104900801 PARK-09 NOX WEED HYLEBOS WETLA 3.30 3/3/2009 202104905700 PARK-09 NOX WEED HISTORIC CABI 2.70 3/3/2009 218000020501 PARK-09 NOX WEED 363RD OPEN SP 2.25 3/3/2009 218000080000 PARK-09 NOX WEED 363RD OPEN SP 2.10 3/3/2009 182104904103 PARK-09 NOX WEED W. CAMPUS TRA 2.40 3/3/2009 186270047001 PARK-09 NOX WEED CROWN POINT 0 3.90 3/3/2009 202104901808 PARK-09 NOX WEED W HYLEBOS WET 2.85 3/3/2009 122103914604 PARK-09 NOXlSWM OPEN SPACE 2,464.67 3/3/2009 167300092001 PARK-09 NOX WEED COLELLA ESTAT 2.10 3/3/2009 182104901109 PARK-09 NOX WEED OPEN SPACE 3.60 3/3/2009 082104927304 PARK-09 NOX WEED OPEN SPACE 2.10 3/3/2009 112103900505 PARK-09 NOX WEED DUMAS BAY PAR 5.10 3/312009 113960036003 PARK-09 NOX WEED OPEN SPACE 2.25 3/3/2009 012103900804 PARK-09 NOX WEED POVERTY OS 3.75 3/3/2009 072104918106 PARK-09 NOX WEED FISHERS POND 87.40 3/3/2009 072104923205 PARK-09 NOX WEED FRENCH LK PAR 2.10 Bank of America Page 16 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 3/3/2009 2180000003002 PARK-09 NOX WEED 363RD OPEN SP 2.25 3/3/2009 218000000503 PARK-09 NOX WEED 363RD OPEN SP 2.10 3/3/2009 010453065004 PARK-09 NOX WEED ALDERBROOK PA 3.60 3/3/2009 172104910309 PARK-09 NOX WEED BPA TRAIL 5.10 3/3/2009 176110056007 PARK-09 NOX WEED CORONADO PARK 2.25 3/3/2009 211551062006 PARK-09 NOX WEED DUMAS BAY OS 2.40 3/3/2009 092104902603 PARK-09 NOXlSWM OPEN SPACE 95.35 3/3/2009 167300092100 PARK-09 NOX WEED COLELLA ESTAT 2.10 3/3/2009 167300092209 PARK-09 NOX WEED COLELLA ESTAT 2.10 3/3/2009 010450110001 PARK-09 NOX WEED ALDERBROOK PA 2.55 3/3/2009 010450112007 PARK-09 NOX WEED ALDERBROOK PA 2.40 3/3/2009 010452034001 PARK-09 NOX WEED ALDERBROOK PA 2.55 210123 3/13/2009 009161 A-l FIRE EQUIPMENT, INC., 358.07 2/4/2009 188501 FWCC-FIRE EXTINGUISHER SERVICE 358.07 210124 3/13/2009 000083 AARO INC DBA THE LOCK SHOP, 16.19 2/17/2009 821678 PARKS-DUPLICATE KEYS 16.19 210125 3/13/2009 000332 ABC LEGAL MESSENGERS INC, 131.00 2/28/2009 MMF020361 LAW; MNTHL Y SRV CHRG; INV#MMFO 65.50 2/28/2009 MMF020361 LAW; MNTHL Y SRV CHRG; INV#MMFO 65.50 210126 3/13/2009 004234 ABT TOWING OF FEDERAL WAY INC, 192.93 2/9/2009 28375 RM-OFF REGo-PS6361 ;RM-PS; 192.93 210127 3/13/2009 005631 ACCIS-ASSOC OF COUNTY/CITY, 75.00 2/27/2009 2009-0227 IT-ACCIS 09 MEMBERSHIP DUES 75.00 210128 3/13/2009 000385 ACCOUNTEMPS, 6,748.00 3/3/2009 23391880 MSF-W/E 2/27/09 BLANCHARD 3,374.00 2/24/2009 23354945 MSF-W/E 2/20/09 BLANCHARD 3,374.00 210129 3/13/2009 000109 ACTIVE SECURITY CONTROL (DBA), 249.65 2/6/2009 14266 PKKFT-LOCKSMITH SVCS 78.79 2/17/2009 14268 PARKS-HYLEBOS CARETAKER HOME K 170.86 210130 3/13/2009 000568 AGRI SHOP INC, 20.39 2/11/2009 10119 PKM-HONDA MOWER REPAIR/INV#101 20.39 210131 3/13/2009 009195 AKELA SECURITY INC., 3,940.63 3/2/2009 5324 MC-AG06-021 2/09 COURT SECURIT 3,940.63 210132 3/13/2009 001012 AL'S TOWING, 385.86 2/21/2009 69861 PD-TOWlNG SVCS 192.93 12/1/2008 69277 PD-TOWlNG SVCS 192.93 210133 3/13/2009 000475 ALARM CENTERS/CUSTOM SECURITY, 218.00 2/23/2009 633937 PKCP -ALARM SERVICE BLDG 218.00 210134 3/13/2009 008730 ALL SAINTS LUTHERAN CHURCH, 888.06 2/24/2009 28994 DBC-REFUND DEPOSIT & OVERPAY 888.06 210135 3/13/2009 001285 ALPINE PRODUCTS INC, 107.58 2/20/2009 TM-98018 PWST-PINK MARKING PAINT 107.58 210136 3/13/2009 010168 AMARAL, MYRTLE 103.06 3/4/2009 2008 AMARAL MSC-2008 UTILITY TAX REBATE 103.06 210137 3/13/2009 005287 AMERICALL COMMUNICATIONS &, 204.15 2/21/2009 D6417-0209 PKM-AFTER HR CALL-OUT SVC ACCO 89.40 2/21/2009 D6416-0209 SWM-AFTER HR CALL-OUT SVC COST 57.37 2/21/2009 D6416-0209 SWM-AFTER HR CALL-OUT SVC COST 57.38 210138 3/13/2009 003269 AMERICAN HOTEL REGISTER CO, 305.83 2/16/2009 8552836 DBC-CLOCK RADIOS 146.02 2/18/2009 8559350 DBC-SHOWER CURTAINS 108.98 2/17/2009 8556200 DBC-BASE ADHESIVE 50.83 210139 3/13/2009 008090 ANDREWS, BETTY F 114.48 2/27/2009 2008 ANDREWS MSC-2008 UTILITY TAX REBATE 114.48 210140 3/13/2009 010683 ASHCROFT, CHARMAINE 148.34 3/2/2009 2008 ASHCROFT MSC-2008 UTILITY TAX REBATE 148.34 210141 3/13/2009 007928 AUL T, BILLY 213.11 3/4/2009 2008 AUH MS-2008 UTILITY TAX REBATE 213.11 210142 3/13/2009 005587 AVAYA INC, 766.13 3/1/2009 2728510469 IT- 2/09 PBX MAINT 344.76 3/1/2009 2728510469 IT- 2/09 PBX MAl NT 383.07 3/1/2009 2728510469 IT- 2/09 PBX MAINT 38.30 Bank of America Page 17 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 210143 3/13/2009 000695 AWARDS BY WlLSON.COM, 589.96 2/25/2009 09-503 PD-EXPLORER MEDALS & RIBBONS 589.96 210144 3/13/2009 000004 AWC-ASSOC OF WASHINGTON CITIES, 59,557.15 12/15/2008 2009 DUES CC - 2009 AWC DUES 59,557.15 210145 3/13/2009 010806 BAYSIDE EMBROIDERY, 3,212.99 2/19/2009 0305578 PKM-STAFF UNIFORM WEARIINV#030 2,165.14 2/19/2009 0305578 PKM-STAFF UNIFORM WEARIINV#030 26.85 2/19/2009 0305578 PKM-STAFF UNIFORM WEARIINV#030 700.00 2/19/2009 0305578 PKM-STAFF UNIFORM WEARIINV#030 321.00 210146 3/13/2009 008821 BEITLER, PATRICIA 49.06 2/23/2009 2008 BEITLER MSC-2008 UTILITY TAX REBATE 49.06 210147 3/13/2009 010185 BIRD, FERESIKA S 206.60 1/27/2009 01/27/09 MC-INTERPRETER SVCS 103.30 2/24/2009 02/24/09 MC-INTERPRETER SVCS 103.30 210148 3/13/2009 007642 BLACKSTONE'S COLLISION INC, 2,287.96 2/25/2009 RISK#09-03-091-575 RM-OFFLEITGEB-PS6352;RM-PS;RIS 2,287.96 210149 3/13/2009 001630 BLUMENTHAL UNIFORM CO INC, 927.32 2/17/2009 728217 WONG-NEW HIRE UNIFORMS & BOOTS 100.00 2/17/2009 730163 WlLSON- UNIFORMS CHIEF 235.33 2/20/2009 730163-01 WlLSON- UNIFORMS FOR CHIEF 93.14 2/17/2009 719536-04 TAN-FASTNERS 20.71 2/17/2009 724629 WONG-NEW HIRE UNIFORM 137.17 2/17/2009 728217 WONG-NEW HIRE UNIFORM & BOOTS 340.97 210150 3/13/2009 011286 BOLD HAT PRODUCTIONS, 3,542.14 2/18/2009 FEBRUARY 18, 2009 CM/ED - POSTCARD PRINTING 223.39 2/13/2009 FEBRUARY 13,2009 CM/ED - CORP. SPONSORSHIP RECR 3,318.75 210151 3/13/2009 011289 BOWMAN, JASON 1,088.00 2/27/2009 FEBRUARY 2009 FWCC-AG09-015 PERSONAL TRAINER 1,088.00 210152 3/13/2009 001136 BRAN OM INSTRUMENT COMPANY, 163.50 2/25/2009 395220 PKM-CALlBRATION OF TESTING 163.50 210153 3/13/2009 010464 BUSTER, JOHN 325.00 2/17/2009 BUSTER 2009 PO-SWAT BASIC TRNG J BUSTER 325.00 210154 3/13/2009 011282 CALKINS, NICHOLE 1,136.00 3/4/2009 FEBRUARY 2009 FWCC-AG09-16 PERSONAL TRNG SVC 1,136.00 210155 3/13/2009 011304 CART RECOVERY LLC, 335.00 2/11/2009 2033 COB-GROCERY CART RECOVERY 335.00 210156 3/13/2009 003093 CASCADE COMPUTER MAINTENANCE, 1,081.28 2/11/2009 9143606 IT-3/09 PRINTER MAINTENANCE 54.06 2/11/2009 9143606 IT-3/09 PRINTER MAINTENANCE 486.58 2/11/2009 9143606 IT-3/09 PRINTER MAINTENANCE 540.64 210157 3/13/2009 010199 CASCADE RIFLE & PISTOL CLUB, 1,500.00 2/26/2009 26 PO-CASCADE RIFLE RANGE DUES 1,500.00 210158 3/13/2009 005573 COW GOVERNMENT INC, 19,467.77 2/25/2009 NJH8901 PO - RR - PH IITRONIX NB SCRE 132.28 2/25/2009 NJH8901 PO - RR - PH IITRONIX LAPTOP 1,020.89 2/25/2009 NJH8901 PO - RR - PH IITRONIX LAPTOPS 15,428.82 2/25/2009 NJH8901 PO - RR - PH IITRONIX VEHICLE 2,550.60 2/25/2009 NJH8901 PO - RR - PH IITRONIX VEHICLE 335.18 210159 3/13/2009 001481 CH2M HILL NORTHWEST INC, 1,908.41 2/12/2009 3687250 PW-AG04-67A:WEST HYLEBOS CK RS 1,908.41 210160 3/13/2009 009249 CHARTER HOMES, 775.80 3/312009 02-71058 REFUND PW-02-71058 TUSCANY PLAT ROW B 1,031.80 3/3/2009 02-71058 REFUND PW-02-71058 TUSCANY PLAT ROW B -256.00 210161 3/13/2009 011159 CHG BUILDING SYSTEMS, INC, 135,853.64 3/2/2009 AG08-170 #1 PKM-CELEBRATION PARK MAINT BLD -3,655.00 3/2/2009 AG08-170 #1 PKM-CELEBRATION PARK MAINT BLD 79,679.00 3/3/2009 AG08-170 #2 PKM-CELEBRATION PARK MAINT BLD -2,876.43 3/3/2009 AG08-170 #2 PKM-CELEBRATION PARK MAINT BLD 62,706.07 210162 3/13/2009 010650 CHOI, EDWARD 203.73 3/2/2009 2008 CHOI MSC-2008 UTILITY TAX REBATE 203.73 210163 3/13/2009 008015 CHURCHILL, SIGRID M 216.44 3/2/2009 2008 CHURCHILL MSC-2008 UTILITY TAX REBATE 216.44 Bank of America Page 18 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 210164 3/13/2009 009643 CIPALLA COMMUNICATIONS INC, 1,895.00 2/27/2009 FW-09-0002-D CM-AG09-017 TOURISM MARKETING 780.00 2/27/2009 FW-09-0002-C CM-AG09-017 TOURISM MARKETING 1,115.00 210165 3/13/2009 000951 CITY OF FEDERAL WAY, 6,531.43 3/2/2009 AG08-170 #1 PARK-CELEBRATION PARK MAl NT BL 3,655.00 3/3/2009 AG08-170 #2 PARK-CELEBRATION PARK MAl NT BL 2,876.43 210166 3/13/2009 009421 CLARK, GAIL 196.07 3/3/2009 2008 CLARK MSC-2008 UTILITY TAX REBATE 196.07 210167 3/13/2009 010855 CLEAVINGER, PEGGY A 20.59 3/2/2009 2008 CLEAVINGER MSC-2008 UTILITY TAX REBATE 20.59 210168 3/13/2009 003752 COASTWlDE SUPPLY DBA, 2,852.32 2/18/2009 T2029835 CHB-JANITORIAL SUPPLIES 459.58 2/18/2009 T2029883 CHB-JANITORIAL SUPPLIES 21.87 3/9/2009 W2027882 PKCP-JANITORIAL SUPPLIES 169.94 2/6/2009 W2025656 PKCP-JANITORIAL SUPPLIES 42.49 2/12/2009 T2027879 PKM-JANITORIAL SUPPLIES 15.35 2/6/2009 T2025692 PKM-JANITORIAL SUPPLIES 716.12 3/9/2009 W2023616 FWCC-HAIR DRYER 516.34 1/30/2009 W2022992 FWCC-JANITORIAL SUPPLIES 831.27 1/30/2009 T2014132-1 DBC-PAPER BATH MATS 79.36 210169 3/13/2009 009918 COLOR PRINTING SYSTEMS, 2,519.50 2/27/2009 290118 PWSWR-PRINTING SERVICES- 2,519.50 210170 3/13/2009 007591 COMMERCIAL SPACE ONLINE INC, 100.00 3/1/2009 72217 CM/ED - PROPERTY DATABASE SERV 100.00 210171 3/13/2009 008381 CONOCOPHILLlPS FLEET, 72.62 2/26/2009 870165123902 PD-2/09 FLEET FUEL 72.62 210172 3/13/2009 010303 COOL GUY GEAR LLC, 2,190.90 2/24/2009 22339 PO-BULLET PROOF VESTS - 2,190.90 210173 3/13/2009 008445 COPIERS NORTHWEST INC, 3,191.04 2/18/2009 48145 IT-PRINTERITONER SUPPLIES 450.28 2/11/2009 48010 IT-PRINTERITONER SUPPLIES 84.74 2/19/2009 48157 IT-PRINTERITONER SUPPLIES 169.20 2/9/2009 47964 IT-PRINTERITONER SUPPLIES 371.73 2/12/2009 INV196230 IT-PRINTERITONER SUPPLIES 214.84 2/11/2009 48012 IT-PRINTERITONER SUPPLIES 145.18 2/11/2009 48010 IT-PRINTERITONER SUPPLIES 84.73 2/19/2009 48157 IT-PRINTERITONER SUPPLIES 169.20 2/12/2009 INV196230 IT-PRINTERITONER SUPPLIES 214.84 2/18/2009 48145 IT-PRINTERITONER SUPPLIES 450.28 2/9/2009 47964 IT-PRINTERITONER SUPPLIES 371.73 2/11/2009 48012 IT-PRINTERITONER SUPPLIES 145.19 2/9/2009 47964 IT-PRINTERITONER SUPPLIES 82.61 2/12/2009 INV196230 IT-PRINTERITONER SUPPLIES 47.74 2/11/2009 48012 IT-PRINTERITONER SUPPLIES 32.26 2/11/2009 48010 IT-PRINTERITONER SUPPLIES 18.83 2/18/2009 48145 IT-PRINTERITONER SUPPLIES 100.06 2/19/2009 48157 IT-PRINTERITONER SUPPLIES 37.60 210174 3/13/2009 000721 CORLISS RESOURCES INC, 949.30 2/18/2009 203854 PWST-READYMIX DELIVERY 376.33 3/9/2009 202850 SWM-CORLlSS PICK UP SVCS 205.03 2/11/2009 203332 SWM-SW 368TH & 6TH AVE SW 150.26 2/18/2009 203853 SWM-CORLlSS PICK UP SVCS 217.68 210175 3/13/2009 000721 CORLISS RESOURCES INC, 365.80 3/5/2009 02-70253 REFUND PW-02-70253 CORLISS ROW BOND 450.80 3/5/2009 02-70253 REFUND PW-02-70253 CORLISS ROW BOND -85.00 210176 3/13/2009 000063 CORPORATE EXPRESS OFFICE, 4,341.78 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 58.33 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 32.78 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 73.68 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 60.97 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 120.50 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 156.58 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 22.22 Bank of America Page 19 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 331.58 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 39.54 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 144.00 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 36.49 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 45.08 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 114.24 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 33.32 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 371.88 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 303.71 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 881.39 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 501.97 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 52.73 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 39.54 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 62.33 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 120.38 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 18.54 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 112.51 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 219.26 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 49.87 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 151.51 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 102.09 2/28/2009 93825967 FEB 2009 CORP EXPRESS SUPPLIES 84.76 210177 3/13/2009 009947 CORTINAS, SYLVIA 9.43 3/4/2009 2008 CORTINAS MSC-2008 UTILITY TAX REBATE-RE 9.43 210178 3/13/2009 000771 COSTCO/HSBC BUSINESS SOLUTIONS, 2,195.14 2/26/2009 FEBRUARY 2009 MSHR-WELLNESS STORE STOCK 594.02 2/26/2009 FEBRUARY 2009 FWCC-RESALE ITEMS 314.34 2/26/2009 FEBRUARY 2009 FWCC-RESALE ITEMS 291.22 2/26/2009 FEBRUARY 2009 FWCC-RESALE ITEMS 279.36 2/26/2009 FEBRUARY 2009 FWCC-RESALE ITEMS 428.67 2/26/2009 FEBRUARY 2009 CDHS-SPANISH COMMUNITY MTG 37.23 2/26/2009 FEBRUARY 2009 PD-CREDIT FOR FREE MEMORY CARD -134.70 2/26/2009 FEBRUARY 2009 DBC-CATERING SUPPLIES 352.04 2/26/2009 FEBRUARY 2009 MSHR-MGMT ACADEMY REFRESHMENT 26.47 2/26/2009 FEBRUARY 2009 MSHR-WAPELRA MTG REFRESHMENT 6.49 210179 3/13/2009 009907 CRAFT, RICK 854.87 3/2/2009 863 PD-VINYL GRAPHICS INSTALL & RE 762.30 3/2/2009 863 PD-VINYL GRAPHICS INSTALL & RE 92.57 210180 3/13/2009 009240 CROUCH, KELLY 1,008.00 2/18/2009 CROUCH 2009 MSHR-TUITION REIMB CROUCH 1,008.00 210181 3/13/2009 010015 CUTHBERT, GAIL 2,154.00 2/28/2009 FEBRUARY 2009 FWCC-AG07-085 FITNESS TRAINING 2,154.00 210182 3/13/2009 007552 D J IMPRINTS, 568.76 1/19/2009 226085 FWCC-BIGGEST LOSER T-SHIRTS 568.76 210183 3/13/2009 000168 DAILY JOURNAL OF COMMERCE INC, 295.20 2/13/2009 3214066 CM/ED - 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DAMAGE DEPOSIT 300.00 210195 3/13/2009 008040 DWAYNE LANE'S DODGE. 438.57 2/18/2009 5039323 PD-HUB CAPS 156.73 2/18/2009 5039322 PD-WHEEL CAPS & NUTS 281.84 210196 3/13/2009 006177 EARL, SHARYN LYNN 2,070.00 2/2/2009 09002 PRCS-SPRING 09 BROCHURE 1,410.00 2/2/2009 09003 PRCS-EARTH DAY FLYER 360.00 2/2/2009 09004 PRCS-HOOKED ON FISHING FLYER 300.00 210197 3/13/2009 010030 ECOLAB INC, 343.44 2/17/2009 8337985 DBC-DISHWASHER RENTAL 140.80 2/1/2009 8243952 DBC-2/09 DISHWASHER RENT 202.64 210198 3/13/2009 005785 EMERALD SERVICES INC, 275.50 2/18/2009 516757 PWSWM-RECYCLlNG SERVICES- 137.75 2/18/2009 516757 PWSWM-RECYCLlNG SERVICES- 137.75 210199 3/13/2009 010041 ENGEBO, JEANNE 227.28 2/27/2009 2008 ENGEBO MSC-2008 UTILITY TAX REBATE 227.28 210200 3/13/2009 001046 EQUIFAX CREDIT INFORMATION SVC, 21.95 2/23/2009 7329491 PD-2/09 CREDIT REPORTS 21.95 210201 3/13/2009 000328 ERNIE'S FUEL STOPS (DBA), 11,839.87 3/11/2009 0303813 PD-FUEL 2/15/09-2/28/09 6,778.80 3/11/2009 0302954 MSFLT - FUEL 1/31/09-2/15/09 2,051.05 3/11/2009 0303812 MSFLT- FUEL 2/15/09-2/28/09 2,307.73 3/11/2009 0303813 PD-FUEL 2/15/09-2/28/09 702.29 210202 3/13/2009 002899 ESA ADOLFSON, 999.26 2/9/2009 83985 CD-04-00354,04-00529,02-76036 999.26 2/9/2009 83985 CD-04-00354, 04-00529 S 320TH 999.26 2/9/2009 83985 CD-04-00354, 04-00529 S 320TH -999.26 210203 3/13/2009 008879 ESTES, EDWIN 95.35 2/27/2009 2008 ESTES MSC-2008 UTILITY TAX REBATE 95.35 210204 3/13/2009 001131 EVERGREEN AUTO ELECTRIC INC, 818.58 2/13/2009 14945 MSFL T-RENEW STARTER, WIRE L1GH 818.58 210205 3/13/2009 001748 EVERSON'S ECONQ-VAC INC, 2,413.26 8/22/2008 061406 SWM-AG08-061 MAl NT/SERVICE- 2,413.26 210206 3/13/2009 007854 EXCEL GLOVES & SAFETY SUPPLIES, 342.25 3/3/2009 42670 PWST-CREW CLOTHING & SUPPLlES- 120.07 2/27/2009 42643 PWST-SAFETY ITEMS- 120.60 2/27/2009 42647 PWST-SAFETY ITEMS FOR CREW- 34.87 2/27/2009 42645 PWSWR-OPERATING SUPPLlES- 66.71 210207 3/13/2009 000217 FEDERAL EXPRESS CORPORATION, 60.76 2/20/2009 9-097-08589 MS-FEDEX PASSPORT DOCS 35.38 2/13/2009 9-088-68234 MS-FEDEX PASSPORT DOCS 25.38 210208 3/13/2009 000229 FEDERAL WAY CHAMBER COMMERCE, 1,886.50 3/4/2009 8588 CC - MARCH CHAMBER LUNCHEON FO 60.00 2/23/2009 6404 CM/INFO - ANNUAL DUES FOR LIND 1,666.50 2/18/2009 1839 PD-ECONOMIC FORECAST BREAKFAST 140.00 3/4/2009 8588 CM/ED - MARCH CHAMBER LUNCHEON 20.00 210209 3/13/2009 004690 FEDERAL WAY NUTRITION SERVICES, 227.20 2/28/2009 2471 PD-2/09 OFFICER LUNCHES 227.20 210210 3/13/2009 010414 FLEETPRIDE, 11.28 2/18/2009 30874276 MSFLT-MARKER LAMPS 11.28 210211 3/13/2009 008860 FOOD SERVICES OF AMERICA. 4,216.12 2/13/2009 1051723 DBC-CATERING SUPPLIES 811.67 2/6/2009 1034294 DBC-CATERING SUPPLIES 711.49 2/26/2009 1081740 DBC-CATERING SUPPLIES 1,445.61 2/20/2009 1068164 DBC-CATERING SUPPLIES 1,247.35 210212 3/13/2009 010680 FOREST, ANDRE 109.40 Bank of America Page 21 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 3/2/2009 2008 FOREST MSC-2008 UTILITY TAX REBATE 109.40 210213 3/13/2009 001669 FOSTER PEPPER & SHEFELMAN PLLC, 20,722.30 2/24/2009 912359 LAW-AG08-038 LEGAL SVC- 13,841.05 2/24/2009 912384 LAW-AG08-038 LEGAL SVC- 1,185.75 2/24/2009 912385 LAW-AGO~038LEGALSVC- 5,695.50 210214 3/13/2009 002870 FREEWAY TRAILER SALES INC, 47.87 2/18/2009 078224 PWSWM-REPAIR & MAINTENANCE SUP 47.87 210215 3/13/2009 009242 FSH COMMUNICATIONS LLC, 80.00 3/112009 000265840 IT-3/09 FSH PAYPHONE SVCS 80.00 210216 3/13/2009 007404 FULLER, MICHELLE M 105.50 3/2/2009 03/02/09 MC-INTERPRETER SVCS 105.50 210217 3/13/2009 008836 GERMAN, RICHARD 109.97 3/2/2009 2008 GERMAN MSC-2008 UTILITY TAX REBATE 109.97 210218 3/13/2009 010654 GOBLE, BRIGITTE 109.35 3/2/2009 2008 GOBLE MSC-2008 UTILITY TAX REBATE 109.35 210219 3/13/2009 010812 GOEBEL, BARBARA 170.23 3/4/2009 2008 GOEBEL MS-2008 UTILITY TAX REBATE 170.23 210220 3/13/2009 010940 GOODYEAR WHOLESALE TIRE CNTR, 501.87 2/10/2009 129753 PD-NEWTIRES 501.87 210221 3/13/2009 004824 GOS PRINTING CORPORATION, 187.79 2/19/2009 72277 PD-STOLEN PROPERTY FORM 187.79 210222 3/13/2009 010034 GPS, 600.00 2/26/2009 TUDOR REGISTER PD-GANG PREVENTION TRNG TUDOR 200.00 2/26/2009 ECKERT REGISTER PD-GANG PREVENTION TRNG ECKERT 200.00 2/26/2009 GREEN REGISTER PD-GANG PREVENTION TRNG GREEN 200.00 210223 3/13/2009 002547 GRAINGER INC, 119.59 2/6/2009 9834288491 FWCC-LAMP HOLDER, GLOVES 55.53 2/9/2009 9835680845 FWCC-DISPOSABLE GLOVES 55.53 2/6/2009 9834288491 FWCC-LAMP HOLDER, GLOVES 8.53 210224 3/13/2009 008732 GREEN CULTURE, 63.00 2/20/2009 FW100 PWSWR-MISC GRANT EXPENDITURE- 63.00 210225 3/13/2009 010738 GREEN EFFECTS, INC, 328.53 3/2/2009 26106 PARK-AG08-067 LANDSCAPING MAIN 259.08 3/2/2009 26105 PARK-AG08-067 LANDSCAPING MAIN 69.45 210226 3/13/2009 011312 GREEN, SAM 500.00 3/5/2009 GREEN 2009 PRCS-WRITER'S RETREAT 500.00 210227 3/13/2009 011316 GREGG, AUDREY 178.68 2/23/2009 2008 GREGG MSC-2008 UTILITY TAX REBATE 178.68 210228 3/13/2009 003831 GSR POLYGRAPH SERVICES, 150.00 2/28/2009 09-004 PD-POL YGRAPH EXAMS 150.00 210229 3/13/2009 008847 GUERRERO, JEAN 151.32 3/2/2009 2008 GUERRERO MSC-2008 UTILITY TAX REBATE 151.32 210230 3/13/2009 000671 H D FOWLER COMPANY, 699.33 2/6/2009 12480675 SWM-PIPE & GASKETS 699.33 210231 3/13/2009 003841 HEAD-QUARTERS PTS, 572.25 3/1/2009 20818 PARKS-AG06-052 PORTABLE TOILET 572.25 210232 3/13/2009 007945 HENDERSON, YOUNG & COMPANY, 4,537.00 3/4/2009 494-091 PRCS-AG08-035 IMPACT FEE STUDY 4,537.00 210233 3/13/2009 005005 HERALD, THE 750.00 1/31/2009 213711 PWCIP-CCAP- 750.00 210234 3/13/2009 001487 HEWLETT-PACKARD COMPANY, 3,632.97 2/13/2009 45603335 RR PHASE I LAPTOP CASES- 39.24 2/23/2009 45639920 RR PHASE 1 HP LAPTOPS- 3,593.73 210235 3/13/2009 002477 HOME DEPOT-DEPT 32-2500780030, 39.69 2/27/2009 FEBRUARY 2009 PKM-SAWZAW BLADES 39.69 210236 3/13/2009 009785 HOWARD, TODD 750.00 2/19/2009 075 CM-AG09-003 CONFLICT DEFENDER 250.00 2/19/2009 074 CM-AG09-003 CONFLICT DEFENDER 500.00 210237 3/13/2009 001431 ICON MATERIALS INC, 329.18 2/20/2009 50-1258931 PWST-WSDOT 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RESTROOM REPAI 116.19 210244 3/13/2009 009079 J AND Y INVESTMENT LLC, 275.00 3/13/2009 MARCH 2009 MIS-AG05-126 W1FI SITE LEASE 7 275.00 210245 3/13/2009 010605 JACOBSON, ELIZABETH 686.40 31712009 FEBRUARY 2009 PRCS-BALLROOM DANCE CLASSES- 686.40 210246 3/13/2009 009438 JAPAN PACIFIC PUBLICATIONS INC, 825.00 2/24/2009 02124/2009 CMIED - PROMOTIONAL ADVERTISI 825.00 210247 3/13/2009 011307 JESSICA & JAAP INC, 85.00 3/2/2009 0990800017933 MC-RED LIGHT PROGRAM REFUND 85.00 210248 3/13/2009 005656 JIM'S DETAIL SHOP, 171.13 3/3/2009 13177F PD-INTERIOR DETAIL 70.85 2127/2009 13175F PD-INTERIOR DETAIL 70.85 2127/2009 13176F PD-HAND WASH VEHICLE 29.43 210249 3/13/2009 010838 JOHNSON, STEPHEN G 1,250.00 3/3/2009 MARCH 3, 2009 CM-AG09-001 CONFLICT DEFENDER 1,250.00 210250 3/13/2009 011333 JONES, CAROL 188.51 3/5/2009 2008 JONES MS-2008 UTILITY TAX REBATE 188.51 210251 3/13/2009 009568 JONES, JOANN 86.97 3/4/2009 2008 JONES MSC-2008 UTILITY TAX REBATE 86.97 210252 3/13/2009 008783 JONES, LAURA 60.93 3/212009 2008 JONES MSC-2008 UTILITY TAX REBATE 60.93 210253 3/13/2009 011318 JUSTICE ALLIANCE ED. FUND, 150.00 2/24/2009 28992 DBC-DAMAGE DEPOSIT REFUND 150.00 210254 3/13/2009 005934 K P TRANSLATION SERVICES, 1,081.50 2110/2009 02110/09 MC-INTERPRETER SVCS 216.30 2117/2009 02117/09 MC-INTERPRETER SVCS 216.30 2124/2009 02124/09 MC-INTERPRETER SVCS 216.30 213/2009 02/03/09 MC-INTERPRETER SVCS 216.30 2113/2009 02113/09 MC-INTERPRETER SVCS 216.30 210255 3/13/2009 010681 KENT, HELENE 66.55 2123/2009 2008 KAY MSC-2008 UTILITY TAX REBATE 66.55 210256 3/13/2009 000125 KING COUNTY FINANCE DIVISION, 54,582.82 2124/2009 1517909 IT-3/09 NET SVCS 262.00 2/24/2009 1517909 IT-3/09 NET SVCS 419.20 2/24/2009 1517909 IT-3/09 NET SVCS 104.80 2/24/2009 1517909 IT-3/09 NET SVCS 262.00 2/24/2009 1518161 PD-l/09 KING CO JAIL- 53,534.82 210257 3/13/2009 005568 KING COUNTY FLEET ADM DIVISION, 1,163.40 219/2009 204314 SWM OIL SPILL SUPPLIES 1,163.40 210258 3/13/2009 003898 KING COUNTY RADIO, 8,894.25 2/9/2009 00417078 IT-PD-RADIO MAINTIREPAIR 57.30 2/2012009 2009-02-20 IT-PD-RADIO MAINT/REPAIR 8,496.16 2/9/2009 00417261 IT-PD-RADlO MAINTIREPAIR 214.03 2/17/2009 00417329 IT-PD-RADIO MAINTIREPAIR 126.76 210259 3/13/2009 000302 KING COUNTY RECORDS,ELECTIONS, 1,583.50 3/10/2009 MARCH 2009 CFW-HOV - SWD/REET RECORDING 56.00 3/10/2009 MARCH 2009 PW-EURO DELI MARKET RECORDING 44.00 3/10/2009 MARCH 2009 PW-GARAGE TOWN RECORDING 44.00 Bank of America Page 23 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 3/10/2009 MARCH 2009 PW-EURO DELI SWD/REET RECORDIN 58.00 3/12/2009 MARCH 13, 2009 CD-PREPAID KING CO. RECORDING 1,381.50 210260 3/13/2009 011319 KITCHEN, ANGELlQUE 793.90 3/5/2009 02-74497 REFUND PW-02-74497 ROW CASH BOND 1,226.40 3/5/2009 02-74497 REFUND PW-02-74497 ROW CASH BOND -432.50 210261 3/13/2009 011283 KNIGHT, CHRISTOPHER 1,268.00 3/3/2009 FEBRUARY 2009 FWCC-AG09-019 PERSONAL TRNG SV 1,268.00 210262 3/13/2009 009492 KPG INC, 455.00 1/25/2009 12009 SWM-AG06-055 ON-CALL SURVEYING 455.00 210263 3/13/2009 001456 KUSTOM SIGNALS INC, 995.40 2/16/2009 382744 PD-PROLASER REPAIRS 995.40 210264 3/13/2009 010413 KYOCHARO USA, LLC, 750.00 3/4/2009 90304 CM/ED - ADVERTISING IN SEATTLE 750.00 210265 3/13/2009 000096 LAKEHAVEN UTILITY DISTRICT, 1,285.23 2/13/2009 899802 PARS-ST LK-NOV/DEC SEWER CHARG 54.86 2/13/2009 888002 PARKS-FAC-NOV/DEC SEWER CHARGE 22.22 2/13/2009 888202 PARKS- FAC SEWER CHARGES 22.22 2/13/2009 824102 PARKS-FAC-NOV/DEC SEWER CHARGE 44.44 3/26/2009 3541001 PWST-NOV/DEC WATER CHARGES 77.73 3/6/2009 3336301 PWST-NOV/DEC WATER CHARGES 16.44 3/6/2009 3383701 PWST-NOV/DEC WATER CHARGES 70.37 3/6/2009 2961401 PWST-NOV/DEC WATER CHARGES 16.44 3/6/2009 3238401 PWST-NOV/DEC WATER CHARGES 16.44 3/6/2009 3336201 PWST-NOVIDEC WATER CHARGES 16.44 3/6/2009 3383601 PWST-NOV/DEC WATER CHARGES 16.44 3/6/2009 3513001 PWST-NOV/DEC WATER CHARGES 16.44 3/12/2009 3518001 PWST-NOV/DEC WATER CHARGES 16.44 2/13/2009 888002 PARKS-FAC-NOV/DEC WATER CHARGE 16.44 2/13/2009 888302 PARKS-FAC-NOV/DEC WTER CHARGES 16.44 2/13/2009 896402 PARKS-FAC -NOV/DEC WATER CHARG 16.44 2/13/2009 822402 PARKS-FAC-NOV/DEC WATER CHARGE 180.64 2/13/2009 824102 PARKS-FAC-NOV/DEC WATER CHARGE 90.58 2/13/2009 2814401 PARKS-FAC-NOV/DEC WATER CHARGE 16.44 2/13/2009 3033601 PARKS-FAC- NOVlDEC WATER CHARG 16.44 2/13/2009 101 PARKS-MNT OFF-NOV/DEC WATER CH 100.99 2/13/2009 888103 PARKS-MNT OFF-NOV/DEC WATER CH 51.03 2/13/2009 101 PARKS-MNT OFF-NOV/DEC SEWER CH 204.62 2/13/2009 888103 PARKS-MNT OFF-NOV/DEC SEWER CH 62.54 2/13/2009 899802 PARKS-ST LK- NOV/DEC WATER CHA 105.71 210266 3/13/2009 001963 LAKESIDE INDUSTRIES INC, 733.06 3/3/2009 12023704MB PWST-ASPHAL T SUPPLlES- 733.06 210267 3/13/2009 001939 LANDAU ASSOCIATES INC, 2,508.16 2/25/2009 0024592 PWST-GEOTECHNICAL SERVICES- 2,508.16 210268 3/13/2009 011314 LANSING, DEANA 3,394.56 3/4/2009 LANSING 2009 PD-MOVING EXPENSE - D LANSING 3,394.56 210269 3/13/2009 005076 LAW ENFORCEMENT TARGETS INC, 443.06 12/30/2008 0114032-IN PD-SWAT TARGETS 443.06 210270 3/13/2009 011321 LEMMON, NICHOLE 40.50 2/26/2009 01-74496 REFUND MSF-01-74496 ROW PERMIT REFUND 40.50 210271 3/13/2009 004594 L1M, VANNARA S 281.22 3/3/2009 03103/09 MC-INTERPRETER SVCS 140.80 12/16/2008 12/16/08 MC-INTERPRETER SVCS 140.42 210272 3/13/2009 000630 LLOYD ENTERPRISES INC, 674.69 2/16/2009 128080 PWST-TOPSOIL 21.80 2/24/2009 128306 PKCP-INFIELD MIX 208.79 2/26/2009 128372 PKCP-INFIELD MIX 239.85 2/12/2009 128042 SWM-CONCRETE MIX 45.52 2/12/2009 128044 SWM-CRUSHED GRAVEL 158.73 210273 3/13/2009 005339 LOWE'S HIWINC, 1,311.77 2/2/2009 01978 PKCP-HEM BASE & MITER BOX 81.84 2/19/2009 13796 SWM-SPOTLlGHT & BATTERY 17.34 2/27/2009 14774 SWM-TAPE MEASURE 15.22 2/12/2009 02141 FWCC-MAINT SUPPLIES 76.99 Bank of America Page 24 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 2/11/2009 02022 PARKS-BRICK HOUSE WATER HEATER 678.96 2/10/2009 01269 PARKS-BRICK HOUSE DRYWALL SUPP 372.24 2/25/2009 02446 CHB-ROOF CEMENT 35.66 2/25/2009 01851 PKM- TOOLS 29.39 2/24/2009 02392 PWST-SOCKETS 4.13 210274 3/13/2009 005406 MAYBERRY, MITCHEL 598.40 2/26/2009 WINTER 2009 PRCS-AG06-040 MARTIAL ARTS CLA 598.40 210275 3/13/2009 011310 MCARTHUR,BARBARA 200.00 3/5/2009 MCARTHUR 2009 PRCS-WRITER'S RETREAT 200.00 210276 3/13/2009 010043 MCDONALD, ELOISE I. 84.89 2/28/2009 2008 MCDONALD MSC-2008 UTILITY TAX REBATE 84.89 210277 3/13/2009 005176 MERINO STRAWE, BETTY 181.05 2/24/2009 02/24/09 MC-INTERPRETER SVCS 181.05 210278 3/13/2009 008029 MONTES DE OCA RICKS, MARIA 384.35 12/30/2008 12/30/08 MC-INTERPRETER SVCS 100.00 1/6/2009 01/06/09 MC-INTERPRETER SVCS 150.00 3/3/2009 03/03/09 MC-INTERPRETER SVCS 134.35 210279 3/13/2009 011313 MONTIEL, JUAN 2,336.45 3/2/2009 09-01-210-609 RISK-RM JUAL MONTIEL RM-PW 09- 2,336.45 210280 3/13/2009 001052 NAPA AUTO PARTS, 99.09 2/4/2009 012064 PKCP-BATTERY 7.03 2/25/2009 014492 MSFL T-WlPER BLADES 28.74 2/25/2009 014580 MSFL T-WlPER BLADE 10.89 2/25/2009 014620 SWM-PIPE INSPECTION TOOL 34.54 1/27/2009 011148 PKM-SHOPS SUPPLIES 17.89 210281 3/13/2009 000043 NEW LUMBER & HARDWARE COMPANY, 428.89 2/20/2009 234518 -CREDIT- PARKS-GRND MNT- -3.82 3/2/2009 234787 PARKS-CELB PK-BOL TS SPIKES 54.51 2/20/2009 234514 PARKS-CELEB PK- SANDER, SANDPA 24.96 2/17/2009 234425 PARKS-CLEB PK- BRUSHES 141.20 2/25/2009 234645 PARKS-CELEB PK- FLARE CAP 15.48 3/2/2009 234776 PW-SWM-POL Y FOAM SEALANT 12.73 3/5/2009 234905 PW-SWM- DRILL DRIVE SET 14.70 3/5/2009 234907 PW-SWM-ANGLE RIVETER 20.19 2/20/2009 234519 PWST-HALOGEN LAMPS 22.53 2/11/2009 234296 PARKS-GRND MNT- SAFETY HASP 21.57 2/19/2009 234483 PARKS-GRND MNT- CLATER BRIDGE 24.48 2/12/2009 234325 PARKS-GRND MNT- FAST SET ACCEL 15.65 2/18/2009 234458 PARKS-GRND MNT-BRIDGE REPAIR 35.32 2/10/2009 234276 PARKS-MASONRY BIT 5.18 2/27/2009 234724 PARKS-GRND MNT-RINGERS 17.64 3/2/2009 234800 PARKS-GRND MNT-CONCRETE BLOCK 17.35 2/23/2009 234568 -CREDIT- PWST- HALOGEN LAMPS -10.78 210282 3/13/2009 006001 NOBLE, LINDA 133.00 2/26/2009 02/26/09 MC-INTERPRETER SVCS 133.00 210283 3/13/2009 001391 NORTH COAST ELECTRIC COMPANY, 33.63 2/20/2009 S2703547.001 PWST-ELECTRICAL SUPPLlES- 33.63 210284 3/13/2009 008744 NORTH WEST INSTRUMENT, 294.30 3/4/2009 10155 PD-INSTRUMENT BALANCING/MAINT 294.30 210285 3/13/2009 003736 NORTHWEST TOWING INC, 965.47 3/1/2009 403119 PD-TOWlNG SVC CASE 09-2810 579.61 2/21/2009 403271 PD-VEHICLE TOWING SVCS 192.93 2/2/2009 403327 MC-INTERPRETER SVCS 192.93 210286 3/13/2009 003529 OCCUPATIONAL HEALTH SERVICES, 143.00 2/23/2009 1844-154 PD-PRE-EMPL PHYSICAL EXAM 143.00 210287 3/13/2009 005107 OES, INC, 560.00 2/20/2009 0021-009 AHERA BLDG INSPECTION SVC 560.00 210288 3/13/2009 007444 ORCA PACIFIC INC, 2,125.10 2/12/2009 037697 FWCC-AG09-020 POOL CHEMICALS M 602.33 2/5/2009 037585 FWCC-AG09-020 POOL CHEMICALS M 699.34 1/29/2009 037516 FWCC-AG09-020 POOL CHEMICALS M 823.43 210289 3/13/2009 009920 OSAKA GARDEN SERVICE, INC, 454.69 Bank of America Page 25 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 2/1/2009 24339 PWST-AG07-010 ROW LANDSCAPE MA 454.69 210290 3/13/2009 000112 PACIFIC COAST FORD INC, 1,099.25 2/16/2009 FOCS159525 RM-OFF REGo-PS6361;RM-PS; 1,099.25 210291 3/13/2009 011161 PACIFIC COAST SALES & SERVICE, 6,073.08 3/412009 FOCS159904 PD-DIAGNOSTICS 76.25 3/2/2009 FOCS159853 PD-TRANSMISSION REPAIR 91.56 3/4/2009 FOCS159903 PD-ENGINE WORK 317.38 3/4/2009 FOCS159855 PD-STEERING & SUSPENSION 70.62 3/4/2009 FOCS159855 PD-ENGINE WORK 143.88 3/4/2009 FOCS159902 PD-ELECTRICAL WORK 130.64 2/27/2009 FOCS159766 PD-LOF 8.83 2/23/2009 FOCS159760 PD-TIRES 16.30 2/23/2009 FOCS159760 PD-RADIATOR WORK 428.15 2/27/2009 FPCS159839 PD-BRAKE SERVICE 377.22 3/2/2009 FOCS159851 PD-WlPER BLADES 18.70 2/20/2009 FOCS159688 PD-LOF 35.41 3/2/2009 FOCS159851 PD-BRAKE SERVICE 442.06 3/2/2009 FOCS159851 PD-TIRES 43.38 3/2/2009 FOCS159851 PD-LOF 52.82 3/2/2009 FOCS159853 PD-TUNE UP 527.43 2/20/2009 FOCS159671 PD-LOF 68,021.00 2/20/2009 FOCS159728 PD-LOF 70.85 2/24/2009 FOCS159787 PD-BRAKE SERVICE 532.23 2/20/2009 FOCS159671 PD-LOF -67,952.79 3/4/2009 FOCS159899 PD-BATTERY 34.01 3/4/2009 FOCS159903 PD-LOF 46.48 3/4/2009 FOCS159904 PD-ELECTRICAL WORK 88.07 3/4/2009 FOCS159855 PD-MAJOR SVC REPAIR 508.78 3/4/2009 FOCS159855 PD-WlPER BLADES 18.70 3/4/2009 FOCS159855 PD-TIRES 43.38 2/24/2009 FOCS159787 PD-WlPER BLADES 18.70 3/4/2009 FOCS159674 PD-TRANSMISSION REPAIR 389.05 3/4/2009 FOCS159855 PD-HEATING/ COOLING SYSTEMS 61.40 3/2/2009 FOCS159853 PD-WlPER BLADES 18.70 3/2/2009 FOCS159853 PD-ELECTRICAL REPAIR 70.83 2/24/2009 FOCS159787 PD-LOF 234.75 2/20/2009 FOCS159439 MSFLT-LOF 61.35 2/25/2009 FOCS159790 MSFLT-BRAKE SERVICE 145.10 2/20/2009 FOCS159439 MSFL T-STEERING &SUSPENSION 532.10 2/25/2009 FOCS159790 MSFLT-WlPER BLADES 19.51 2/27/2009 FOCS159816 MSFLT-AUTO GLASS 199.82 2/20/2009 FOCS159439 MSFL T-TRANSMISSION 130.43 210292 3/13/2009 011303 PACIFIC NORTHWEST PUBLIC, 100.00 2/13/2009 10023 FLEET-MEMBERSHIP FEE- 100.00 210293 3/13/2009 000315 PACIFIC NORTHWEST TITLE CO, 1,744.00 2/10/2009 690769 SWM- TITLE REPORTS 381.50 2/10/2009 690767-12 SWM- TITLE REPORTS 490.50 2/10/2009 690766 SWM- TITLE REPORTS 490.50 2/10/2009 690768 SWM- TITLE REPORTS 381.50 210294 3/13/2009 011326 PANGEA GIVING, 604.00 2/24/2009 28995 DBC-DEPOSIT & OVERPAY.REFUND 604.00 210295 3/13/2009 000920 PAPER DIRECT INC, 153.40 2/11/2009 3484104200012 DBC-OFFICE SUPPLIES 153.40 210296 3/13/2009 001814 PARAMETRIX INC, 24,161.74 2/19/2009 03-48490 PW-AG08-007 CITY CNTR ACCESS- 24,161.74 210297 3/13/2009 000885 PARKER PAINT MANUFACTURING CO, 127.46 2/27/2009 022244626 CDB-GRAFFITI REMOVAL SUPPLIES 127.46 210298 3/13/2009 010613 PETEK, PHD, THOMAS C 150.00 2/28/2009 7563 PD-CRITICAL INCIDENT STRESS MG 150.00 210299 3/13/2009 001166 PETTY CASH - FWCC, 395.59 3/5/2009 FWCC-3/5/09 PRCS-SNO-PARK PERMIT FOR REC I 10.00 3/5/2009 FWCC-3/5/09 PRCS-PENCiLS-AWARDS FOR BOWLIN 4.36 3i5/2009 FWCC-3/5/09 PRCS-RIBBON FOR SWEETHEART DAN 2.18 Bank of America Page 26 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 3/5/2009 FWCC-3/5/09 PRCS-STENCIL SPRAY AND FUSING 5.98 3/5/2009 FWCC-3/5/09 PRCS-WlNDOW CLINGS FOR SWEETHE 3.27 3/512009 FWCC-3/5/09 PRCS-STORAGE CONTAINERS FOR SP 5.45 3/5/2009 FWCC-3/5/09 PRCS-STORAGE CONTAINERS FOR SP 6.54 3/5/2009 FWCC-3/5/09 PRCS-HANGING DECORATIONS FOR S 3.27 3/5/2009 FWCC-3/5/09 PRCS-NOTEBOOKS, ATHLETE GIFTS, 44.11 3/5/2009 FWCC-3/5/09 PRCS-TABLECLOTHS FOR SWEETHEAR 9.78 3/5/2009 FWCC-3/5/09 PRCS-WlRE GARLAND FOR SWEETHEA 2.16 3/5/2009 FWCC-3/5/09 PRCS-FOG LIQUID FOR WILLY WONK 4.91 3/5/2009 FWCC-3/5/09 PRCS-WlNDOW BOX FOR SWEETHEART 1.09 3/5/2009 FWCC-3/5/09 PRCS-WlNDOW CLINGS AND TABLE 8.72 3/5/2009 FWCC-3/5/09 PRCS-STORAGE CONTAINERS FOR SP 10.90 3/5/2009 FWCC-3/5/09 PRCS-NARROWS BRIDGE TOLL FOR S 4.00 3/5/2009 FWCC-3/5/09 PRCS-MILEAGE REIMBURSEMENT FOR 34.65 3/5/2009 FWCC-3/5/09 PRCS-FREEZER BAGS FOR FIRST AI 7.21 3/5/2009 FWCC-3/5/09 PRCS-BATH TOYS/DOLLAR TREE BAS 6.54 3/5/2009 FWCC-3/5/09 PRCS-DECORATIONS FOR HEALTH FA 10.89 3/5/2009 FWCC-3/5/09 PRCS-DOLLAR TREE FOR PRESCHOOL 16.32 3/5/2009 FWCC-3/5/09 PRCS-FRED MEYER- MUSIC FOR DA 17.94 3/5/2009 FWCC-3/5/09 PRCS-HOLlDAY DECORATIONS 18.92 3/5/2009 FWCC-3/5/09 PRCS-WALMART - MUSIC FOR DANCE 23.81 3/5/2009 FWCC-3/5/09 PRCS-CAKE FOR BOWLING AWARDS N 16.99 3/5/2009 FWCC-3/5/09 PRCS-BREAD FOR SWEETHEART DANC 4.94 3/5/2009 FWCC-3/5/09 PRCS-WONKA BARS FOR WILLY WONK 21.24 3/5/2009 FWCC-3/5/09 PRCS-COFFEE/CONDIMENTS FOR BOW 12.17 3/5/2009 FWCC-3/5/09 PRCS-WONKA BARS FOR WILLY WONK 21.24 3/5/2009 FWCC-3/5/09 PRCS-MILEAGE REIMBURSEMENT FOR 15.40 3/5/2009 FWCC-3/5/09 PRCS-D&C BATTERIES FOR VARIOUS 25.05 3/5/2009 FWCC-3/5/09 GASOLINE FOR SENIOR TRIP 15.56 210300 3/13/2009 010700 PETTY CASH - WITNESS FEES, 476.75 3/5/2009 CM-3/5/09 CC - PARKING AND MILEAGE REIMB 87.00 3/5/2009 CM-3/5/09 CC - MILEAGE REIMBURSEMENT FOR 69.30 3/5/2009 CM-3/5/09 CC - MILEAGE REIMBURSEMENT FOR 42.61 3/5/2009 CM-3/5/09 FIN - MILEAGE REIMBURSEMENT FO 41.80 3/5/2009 CM-3/5/09 CM - MILEAGE REIMBURSEMENT FOR 20.94 3/5/2009 CM-3/5/09 CM - OFFICE SUPPLIES FOR MEETI 5.98 3/5/2009 CM-3/5/09 FIN - LICENSE FEES 32.25 3/5/2009 CM-3/5/09 CC - PARKING REIMBURSEMENT FOR 27.96 3/5/2009 CM-3/5/09 CC - PARKING REIMBURSEMENT FOR 11.00 3/5/2009 CM-3/5/09 PW/SWM - REFRESHMENTS FOR MEET 12.98 3/5/2009 CM-3/5/09 LAW/CIVIL - LUNCH FOR DEPOSITI 21.97 3/5/2009 C M-3/5/09 PW - PARKING REIMBURSEMENT FOR 9.00 3/5/2009 C M-3/5/09 MC - STATE OF THE CITY LUNCHEO 60.00 3/5/2009 C M-3/5/09 PW/SWM - REFRESHMENTS FOR TRAI 5.99 3/5/2009 CM-3/5/09 CM - REFRESHMENTS FOR GOVERNME 7.98 3/5/2009 CM-3/5/09 CM/ED - PARKING REIMBURSEMENT 16.00 3/5/2009 CM-3/5/09 PW - REFRESHMENTS FOR LUTC MEE 3.99 210301 3/13/2009 002557 PETTY CASH FUND-PARKS MAl NT, 180.93 3/11/2009 PKM-3/11/09 PKM-PETTY CASH/DINNER FOR PARK 67.00 3/11/2009 PKM-3/11/09 PKM-PETTY CASHIINTERVIEW PANEL 21.96 3/11/2009 PKM-3/11/09 PKM-PETTY CASHIINTERVIEW PANEL 28.73 3/11/2009 PKM-3/11/09 PKM-PETTY CASH/PRESENTATION FO 14.68 3/11/2009 PKM-3/11/09 PKM-PETTY CASH/HISTORY BOOKlBA 20.00 3/11/2009 PKM-3/11/09 PKM-PETTY CASH/MILEAGEIWRIGHT 25.30 3/11/2009 PKM-3/11/09 PKM-PETTY CASHNHS TAPE/RYAN T 3.26 210302 3/13/2009 005235 PETTY CASH-CHANGE FUND, 43.92 3/5/2009 MC-3/5/09 MUNI COURT CHANGE FUND- 12.42 3/5/2009 MC-3/5/09 MUNI COURT CHANGE FUND- 31.50 210303 3/13/2009 009308 PETTY CASH-MS, 91.24 3/5/2009 MS-3/5/09 PW/SWM: SLAC MTG REFRESH 6.49 3/5/2009 MS-3/5/09 CD/HS: PARKING - HYNDEN 22.00 3/5/2009 MS-3/5/09 CM/ED: MILEAGE - YEH - MARKET 18.98 3/5/2009 M5-3/5/09 CM/ED: FOLDERS FOR BUDS & BLOO 9.35 3/5/2009 MS-3/5/09 CD/HS: NSP MTG REFRESHMENTS 12.11 Bank of America Page 27 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 3/5/2009 MS-3/5/09 CD/HS: SNACKS - CERT MTG 22.31 210304 3/13/2009 006241 PETTY CASH-POLICE DEPT, 300.87 3/9/2009 PD-3/9/09 PD-CAB FARE:TRNG IN ANAHEIM CA 15.75 3/9/2009 PD-3/9/09 PD-PARKING FEE:CIS - 7.00 3/9/2009 PD-3/9/09 PD-CUFF/MAG POUCH FOR- 45.51 3/9/2009 PD-3/9/09 PD-COFFEE:VOLUNTEER- 89.75 3/9/2009 PD-3/9/09 PD-CORN HUSKERS LOTION- 20.19 3/9/2009 PD-3/9/09 PD-COFFEE:SOUTH KING COUNTY- 42.27 3/9/2009 PD-3/9/09 PD-NUTS & BOLTS:L1CENSE PLATE- 4.56 3/9/2009 PD-3/9/09 PD-CHARGER FUSES:GPS- 3.26 3/9/2009 PD-3/9/09 PD-PARKING FEE FOR- 6.00 3/9/2009 PD-3/9/09 PD-MILEAGE REIMBURSEMENT- 15.81 3/9/2009 PD-3/9/09 PD-SUPPLlES FOR PRESENTATION- 18.38 3/912009 PD-3/9/09 PD-CAR CHARGER FOR- 32.39 210305 3/13/2009 005977 PHSI PURE WATER FINANCE, 1,177.20 2/20/2009 0000182793 PD-PURE WATER SYSTEMS 1,177.20 210306 3/13/2009 011325 PINTO,IDOMILTON 61.00 2/20/2009 571874 FWCC-MEMBERSHIP WITHDRAW REFUN 61.00 210307 3/13/2009 000808 PLATT ELECTRIC SUPPLY, 515.18 1/16/2009 5543034 FWCC-ELECTRICAL SUPPLIES 247.04 2/17/2009 5716595 CHB-ELECTRICAL SUPPLIES 37.71 2/16/2009 5712100 CHB-ELECTRICAL SUPPLIES 34.77 2/16/2009 5696464 DBC/KFT ELECTRICAL SUPPLIES 41.91 2/16/2009 5696464 DBC/KFT ELECTRICAL SUPPLIES 153.75 210308 3/13/2009 010845 PRIORITY PRINT MANAGEMENT INC, 459.59 1/31/2009 00025578 PWSWM-PRINTING SERVICES- 144.58 2/28/2009 00025648 PWSWM-PRINTING SERVICES- 315.01 210309 3/13/2009 009960 PROFORCE LAW ENFORCEMENT, 1,087.66 2/18/2009 56223 PD-PATROL REPLC TASER 1,087.66 210310 3/13/2009 010492 PUBLIC HEALTH - SEATTLE AND, 697.00 3/5/2009 FAOO05516 DBC-09 CATERER HEALTH PERMIT R 697.00 210311 3/13/2009 006079 PUBLIC SAFETY CENTER, INC., 837.49 2/17/2009 1734331N PD-BATTERIES 837.49 210312 3/13/2009 000512 PUGET SOUND BUSINESS JOURNAL, 153.00 2/13/2009 4000004169 CM/ED- CLASSIFIED ADVERTISING, 153.00 210313 3/13/2009 000120 PUGET SOUND CLEAR AIR AGENCY, 350.00 3/6/2009 09 160C CC - 2009 CLEAN AIR ASSESSMENT 350.00 210314 3/13/2009 000051 PUGET SOUND ENERGY INC, 18,978.15 2/27/2009 PWTR 2009 02 PWTR-200902 SWCRNR S 312TH & 344.58 2/27/2009 PWTR 2009 02 PWTR-200902 1ST AVE S & S 330T 83.31 2/27/2009 PWTR 2009 02 PWTR-200902 HOYT RD & 340TH- 137.26 2/27/2009 PWTR 2009 02 PWTR-200902 S 336TH ST & PAC H 878.97 . 2/27/2009 PWTR 2009 02 PWTR-200902 S 316TH & PAC HWY 92.92 2/27/2009 PWTR 2009 02 PWTR-200902 S 348TH ST & PAC H 258.94 2/27/2009 PWTR 2009 02 PWTR-200902 S 316TH & 20TH AVE 94.91 2/27/2009 PWTR 2009 02 PWTR-200902 SW 324TH & 11TH PL 283.93 2/27/2009 PWTR 2009 02 PWTR-200902 36600 PAC HWY S- 10.77 2/27/2009 PWTR 2009 02 PWTR-200902 727 S 312TH ST- 279.41 2/27/2009 PWTR 2009 02 PWTR-200902 S 312TH & 23 AVE S 245.24 2/27/2009 PWTR 2009 02 PWTR-200902 3480116TH AVE S- 116.42 2/27/2009 PWTR 2009 02 PWTR-200902 35202 ENCHANT PKWY 326.49 2/27/2009 PWTR 2009 02 PWTR-20090236201 MILTON RD- 228.74 2/27/2009 PWTR 2009 02 PWTR-200902 3318 SW346TH PLAC 43.71 2/27/2009 PWTR 2009 02 PWTR-200902 33325 8TH AVE- 164.66 2/27/2009 PWTR 2009 02 PWTR-200902 33800 WEYHR WAY S- 321.75 2/27/2009 PWTR 2009 02 PWTR-200902 31020 14TH AVE S- 55.51 2/27/2009 PWTR 2009 02 PWTR-200902 31847 PAC HWY S- 370.71 2/27/2009 PWTR 2009 02 PWTR-200902 32000 PAC HWY S- 381.88 2/27/2009 PWTR 2009 02 PWTR-200902 21 ST AVE SW & 356T 132.95 2/27/2009 PWTR 2009 02 PWTR-200902 23RD AVE S & 320TH 236.76 2/27/2009 PWTR 2009 02 PWTR-200902 30400TH PAC HWY S- 67.85 2/27/2009 PWTR 2009 02 PWTR-2009021TH WAY S & 334TH 39.03 2/27/2009 PWTR 2009 02 PWTR-200902199 SW311TH PLACE 233.92 Bank of America Page 28 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 2/27/2009 PWTR 2009 02 PWTR-200902 21 ST AVE SW & SW 3 163.50 2/27/2009 PWTR 2009 02 PWTR-200902 S288TH & 18TH AVE 132.93 2/27/2009 PWTR 2009 02 PWTR-200902 S 296TH PL & MILlT 35.36 2/27/2009 PWTR 2009 02 PWTR-200902 S 320TH & 23 AV S- 396.32 2/27/2009 PWTR 2009 02 PWTR-200902 21ST AVE SW & DASH 83.29 2/27/2009 PWTR 2009 02 PWTR-200902 S 333ST & 1ST WAY- 76.54 2/27/2009 PWTR 2009 02 PWTR-200902 S348TH HOV LANE- 364.01 2/27/2009 PWTR 2009 02 PWTR-200902 HWY 509 & 21ST AVE 30.42 2/27/2009 PWTR 2009 02 PWTR-200902 S 320 SET & 32RD A 344.92 2/27/2009 PWTR 2009 02 PWTR-200807 SW 308TH ST & 4 AV 10.00 2/27/2009 PWTR 2009 02 PWTR-200902 35654 9TH AVE SW- 25.34 2/27/2009 PWTR 2009 02 PWTR-200902 824 SW361TH ST- 264.32 2/27/2009 PWTR 2009 02 PWTR-200902 S 322N ST & 23 AVE 111.62 2/27/2009 PWTR 2009 02 PWTR-200902 34800 21ST AVE SW- 115.97 2/27/2009 PWTR 2009 02 PWTR-200902 34836 WEYHR WAY S- 86.52 2/27/2009 PWTR 2009 02 PWTR-200902 35600 PAC HWY S- 105.52 2/27/2009 PWTR 2009 02 PWTR-200902 S 282ND & MILITARY 157.82 2/27/2009 PWTR 2009 02 PWTR-200902 1 ST WAYS & 336TH 102.13 2/27/2009 PWTR 2009 02 PWTR-200902 32731 HOYT RD FLAS 10.38 2/27/2009 PWTR 2009 02 PWTR-200902 CRNR S 316TH ST & 95.87 2/27/2009 PWTR 2009 02 PWTR-200907 PAC HWY S & S 330T 90.57 2/27/2009 PWTR 2009 02 PWTR-200209 S 288TH ST & PAC H 773.68 2/27/2009 PWTR 2009 02 PWTR-200902 SW 312TH ST & DASH 151.94 2/27/2009 PWTR 2009 02 PWTR-200807 SW 340TH & HOYT R 247.42 2/27/2009 PWTR 2009 02 PWTR-200902 SW 340TH ST & 35TH 87.13 2/27/2009 PWTR 2009 02 PWTR-200902 NE CRNR S 312TH & 209.06 2/27/2009 PWTR 2009 02 PWTR-200902 S 304TH & MILITARY 94.91 2/27/2009 PWTR 2009 02 PWTR-200902 S 314TH & 20TH AVE 176.93 2/27/2009 PWTR 2009 02 PWTR-200902 35106 21ST AVE SW- 57.57 2/27/2009 PWTR 2009 02 PWTR-200902 36111 16TH AVE S- 101.90 2/27/2009 PWTR 2009 02 PWTR-200902491 S 338TH ST- 70.78 2/27/2009 PWTR 2009 02 PWTR-200902 33220 ST WAY S- 65.08 2/27/2009 PWTR 2009 02 PWTR-200902 34010 20TH AVE- 175.49 2/27/2009 PWTR 2009 02 PWTR-200902 35007 ENCHANTED PK 187.54 2/27/2009 PWTR 2009 02 PWTR-200902 31910 GATEWAY CNTR 40.97 2/27/2009 PWTR 2009 02 PWTR-200902 32400 STATE RT 99 133.60 2/27/2009 PWTR 2009 02 PWTR-200902 33099 HOYD RD SW- 387.99 2/27/2009 PWTR 2009 02 PWTR-200902 29600 PAC HWY S SI 681.71 2/27/2009 PWTR 2009 02 PWTR200902 2999 SW 314TH ST- 114.14 2/27/2009 PWTR 2009 02 PWTR-200902 30800 PAC HWY S- 60.75 2/27/2009 PWTR 2009 02 PWTR-200902 21 ST AVE SW & SW 3 424.67 2/27/2009 PWTR 2009 02 PWTR-200902 23RD AVE S & S 317 282.83 2/27/2009 PWTR 2009 02 PWTR-200902 2510 S 336TH ST- 34.12 2/27/2009 PWTR 2009 02 PWTR-200902 1000 SWCAMPUS DR- 492.54 2/27/2009 PWTR 2009 02 PWTR-200902 115TH ST S & 316ST 10.21 2/27/2009 PWTR 2009 02 PWTR-200902 18TH AVE & S 312 S 94.90 2/27/2009 PWTR 2009 02 PWTR-200902 SW308TH & 2ND AVE 10.00 2/27/2009 PWTR 2009 02 PWTR-200902 SW329TH WAY & HOY 10.20 2/27/2009 PWTR 2009 02 PWTR-200902 VARIOUS SIGNALS- 36.04 2/27/2009 PWTR 2009 02 PWTR-200902 STAR LK RD & MILlT 54.69 2/27/2009 PWTR 2009 02 PWTR-200902 SW CAMPUS DR & 6TH 70.78 2/27/2009 PWTR 2009 02 PWTR-200902 S 322ND & 23 AVE S 263.36 2/27/2009 PWTR 2009 02 PWTR-200902 S 320TH & WEYHR WA 294.75 2/27/2009 PWTR 2009 02 PWTR-200902 S 336TH ST & WEYHR 236.90 2/27/2009 PWTR 2009 02 PWTR-200902 SR 161 & 356TH NE 358.33 2/27/2009 PWTR 2009 02 PWTR-200902 35909 1 ST AVE SW F 10.21 2/27/2009 PWTR 2009 02 PWTR-200902 8TH AVE S & DASH P 75.75 2/27/2009 PWTR 2009 02 PWTR-200902 S 320TH & PAC HWY 759.35 2/27/2009 PWTR 2009 02 PWTR-200902 34018 PAC HWY S- 81.40 2/27/2009 PWTR 2009 02 PWTR-200902 3420 SW 343RD ST- 32.84 2/27/2009 PWTR 2009 02 PWTR-200902 35896 PAC HWY S- 226.67 2/27/2009 PWTR 2009 02 PWTR-200902 33405 6TH AVE S- 55.62 2/27/2009 PWTR 2009 02 PWTR-200902 33507 9TH AVE- 159.53 2/27/2009 PWTR 2009 02 PWTR-200902 33645 20TH PLACE- 366.05 Bank of America Page 29 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 2/27/2009 PWTR 2009 02 PWTR-200902 31455 28TH AVE S- 150.88 2/27/2009 PWTR 2009 02 PWTR-200902 31600 STATE RT 99 140.46 2/27/2009 PWTR 2009 02 PWTR-200902 33401 38TH AVE S- 265.07 2/27/2009 PWTR 2009 02 PWTR-200902 21ST AVE SW & SW 3 128.66 2/27/2009 PWTR 2009 02 PWTR-200902 3113 27TH AVE SW- 149.51 2/27/2009 PWTR 2009 02 PWTR-200902 31200 STATE RT 99 340.18 2/27/2009 PWTR 2009 02 PWTR-200902 1414S 324TH ST.- 63.16 2/27/2009 PWTR 2009 02 PWTR-200902 1790 SW 345TH PLAC 254.94 2/27/2009 PWTR 2009 02 PWTR-200902 21ST AVE S GRID RO 124.79 2/27/2009 PWTR 2009 02 PWTR-200902 32400 STATE RT 99 410.14 2/27/2009 PWTR 2009 02 PWTR-200902 32400 STATE RT 99 129.07 2/27/2009 PWTR 2009 02 PWTR-200902 32932 7TH CT SW- 23.11 2/27/2009 PWTR 2009 02 PWTR-200902 2510 SW 336TH STRE 9.99 2/27/2009 PWTR 2009 02 PWTR-200902 2613 S 275TH PLACE 35.89 2/27/2009 PWTR 2009 02 PWTR-200902 28516 24TH AVE S- 28.04 2/27/2009 PWTR 2009 02 PWTR-200902 1300 S 344TH ST- 34.95 2/27/2009 PWTR 2009 02 PWTR-2009021403 SW312TH ST P 10.10 2/27/2009 PWTR 2009 02 PWTR-200902 1405 S 312TH ST.- 184.91 210315 3/13/2009 000533 PUGET SOUND SPECIALTIES INC, 533.01 2/24/2009 21124 PKM-SPORTLlNEMARKING CHLAF FOR 533.01 210316 3/13/2009 011281 PUHRMANN, AUTUM M. 1,040.00 2/28/2009 FEBRUARY 2009 FWCC-BIGGEST LOSER TRAINER SVC 1.040.00 210317 3/13/2009 007837 QUARTERMASTER, 161.38 1/12/2009 P642884601017 PD-"POLlCE" BADGES 154.78 1/14/2009 P643409701019 PD-QUARTERMASTER CATALOG 6.60 210318 3/13/2009 000202 QWEST, 80.81 2/25/2009 253-942-7800 452B IT-PHONE/DATA SVC 14.58 2/25/2009 253-942-7800 452B IT-PHONE/DATA SVC 16.20 2/25/2009 253-942-7800 452B IT-PHONE/DATA SVC 1.61 2/28/2009 253-874-0644 740B IT-MC-FAX MACHINE JUDGES 48.42 210319 3/13/2009 010187 RASOR, EVA EDLA 1,112.00 3/3/2009 FEBRUARY 2009 FWCC-AG07-095 EXERCISE TRAININ 1,112.00 210320 3/13/2009 011309 RAY, ROBERT 400.00 3/5/2009 RAY 2009 PRCS-WRITER'S RETREAT 400.00 210321 3/13/2009 011324 REBUILDING TOGETHER, 316.80 3/4/2009 08-102071 REFUND CD-08-102071 BOYS & GIRLS CLUB 192.00 3/4/2009 08-102071 REFUND CD-08-102071 BOYS & GIRLS CLUB 124.80 210322 3/13/2009 004298 ROACH GYMNASTICS, 1,444.80 3/2/2009 JAN-FEB 2009 PRCS-GYMNASTICS CLASSES- 1,444.80 210323 3/13/2009 011306 ROLPH, THOMAS M 25.00 3/212009 0990800002034 MC-RED LIGHT PHOTO REFUND 25.00 210324 3/13/2009 009297 ROTH HILL ENGINEERING PARTNERS, 13,659.61 2/17/2009 95572 SWM-AG07-166 10TH AVE TRUNK RE 13,659.61 210325 3/13/2009 005508 SAFAROVA-DOWNEY, ALMIRA 263.10 2/24/2009 02/24/09 MC-INTERPRETER SVCS 125.30 3/3/2009 03/03/09 MC-INTERPRETER SVCS 137.80 210326 3/13/2009 003726 SAFEWA Y STORE #1555, 20.44 2/20/2009 1669353 PRCS-GAME NIGHT SUPPLIES 20.44 210327 3/13/2009 003174 SAN DIEGO POLICE EQUIPMENT CO, 20,317.60 2/13/2009 587690 PD-POLlCE AMMUNITION SUPPLlES- 20,317.60 210328 3/13/2009 007949 SANDERS, ROBERT 40.01 2/26/2009 SANDERS 2009 DBC-CATERNING SUPPLIES 40.01 210329 3/13/2009 010523 SBS OF AMERICA, 6,363.98 3/1/2009 22271 PARK-AG07-194 CHB JANITORIAL S 60.00 3/1/2009 22269 PARK-AG07-194 CHB JANITORIAL S 5,683.98 3/1/2009 22270 PARK-AG07-194 PKM JANITORIAL S 620.00 210330 3/13/2009 006418 SCHROCK, CATHY 1,008.00 3/9/2009 SCHROCK 2009 MSHR-TUITION REIMB SCHROCK 1,008.00 210331 3/13/2009 003832 SEATTLE POLICE DEPARTMENT, 4,070.40 2/17/2009 P1102305 PD-CRIME STOPPERS ASSESSMENT F 4,070.40 210332 3/13/2009 001213 SECOMA FENCE INC, 804.39 3/4/2009 7406 PWST-FENCE SUPPLlES- 54.50 Bank of America Page 30 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 3/9/2009 3/2/09 PKM-TENNIS COURT FENCE REPAIR 20.68 2/18/2009 7388 PWST-REPAIRS & MAINTENANCE- 729.21 210333 3/13/2009 001988 SERVICE LINEN SUPPLY, 49.53 2/23/2009 223/2676 PRCS-L1NEN SERVICE 24.10 2/16/2009 216/6183 PRCS-L1NEN SERVICE 25.43 210334 3/13/2009 005771 SETINA MANUFACTURING COMPANY, 2,267.18 2/27/2009 09727 RM-OFF 518.69 2/18/2009 09356 PO-FENDER WRAPS,BUMPER 518.69 2/18/2009 09355 PO-FENDER WRAPS,PARTITION,BUMP 1,229.80 210335 3/13/2009 010962 SHARP BUSINESS SYSTEMS, 21.53 2/17/2009 00020214 IT-PK-COPIER RPR, MNT, SUP 21.53 210336 3/13/2009 010652 SHINN, BONNIE 147.19 3/4/2009 2008 SHINN MS-2008 UTILITY TAX REBATE 147.19 210337 3/13/2009 002501 SHOPE CONCRETE PRODUCTS CO INC, 97.57 2/25/2009 9915108 PWSWM-REPAIR & MAINT SUPPLlES- 97.57 210338 3/13/2009 010711 SIVER, CATRIONA 200.00 3/11/2009 SIVER 2009 PD-BKGRND INVEST. LOUISIANA SI 200.00 210339 3/13/2009 002683 SIX ROBBLEES' INC, 629.54 12/22/2008 2-424832 PWSWM-REPAIR & MAINT SUPPLlES- 314.77 12/22/2008 2-424832 PWSWM-REPAIR & MAl NT SUPPLlES- 314.77 210340 3/13/2009 005497 SKINNER, BILL 786.00 3/3/2009 SKINNER 2009 PO-TUITION REIMB SKINNER 786.00 210341 3/13/2009 006291 SMITH FIRE SYSTEMS, 125.00 2/24/2009 09-100541 REFUND CD-REFUND PERMIT FEE-NOT REQUI 125.00 210342 3/13/2009 008283 SMITH, SHON 200.00 3/5/2009 SMITH 2009 PO-BOOT ALLOW. S. SMITH 200.00 210343 3/13/2009 011062 SOUND HARLEY-DAVIDSON, 69.72 1/7/2009 92050 PD-SWlTCH,HORN/SIREN ASSY 69.72 210344 3/13/2009 003697 SOUND SAFETY PRODUCTS INC, 103.02 2/25/2009 3182669-01 PWST-CLOTHING FOR CREW- 103.02 210345 3/13/2009 010424 SOUTH END EQUIPMENT & REPAIR, 369.92 1/5/2009 2985 PWST-REPAIRS & MAINTENANCE- 369.92 210346 3/13/2009 001618 SPEEDY GLASS - TACOMA, 578.66 2/27/2009 9172-1293340 PO-WINDSHIELD 311.56 2/20/2009 9172-477373 PO-VEHICLE WINDSHIELD 267.10 210347 3/13/2009 002548 SPRAGUE PEST CONTROL, 92.65 1/28/2009 1151753 PKDBC-PEST CONTROL SVC 92.65 210348 3/13/2009 004701 SPRINT, 8,756.93 2/18/2009 796588811-015 IT-2/09 CELLULAR AIRTIME 1,628.57 2/28/2009 400102318-087 IT-2/09 CELLULAR AIRTIME 2,925.03 2/18/2009 796588811-015 IT-2/09 CELLULAR AIRTIME 1,503.30 2/28/2009 400102318-087 IT-2/09 CELLULAR AIRTIME 2,700.03 210349 3/13/2009 007438 SPRINT/ROTH HAMMER INT'L, 502.14 2/18/2009 55541 A PRCS/FWCC/POOL - ITEMS FOR RES 502.14 210350 3/13/2009 007965 ST STEPHEN'S EPISCOPAL CHURCH, 150.00 2/24/2009 28993 DBC-DAMAGE DEPOSIT REFUND 150.00 210351 3/13/2009 009566 STAPLES BUSINESS ADVANTAGE, 240.56 2/28/2009 8011941027 PD-OFFICE SUPPLIES - STAPLES 169.87 2/28/2009 8011941027 PO-OFFICE SUPPLIES - STAPLES 70.69 210352 3/13/2009 011134 STENDER ZUMWALT, PLLC, 29,250.00 3/6/2009 103 CM-AG08-159 PUBLIC DEFENDER- 29,250.00 210353 3/13/2009 003307 STERICYCLE INC, 22.27 2/18/2009 3000363305 PO-WASTE DISPOSAL FEES 22.27 210354 3/13/2009 010651 STOKES, SHELLEY 61.52 2/27/2009 2008 STOKES MSC-2008 UTILITY TAX REBATE 61.52 210355 3/13/2009 011327 STOPTECH, LTD., 61.72 2/13/2009 32956 PD-STOP STICKS 61.72 210356 3/13/2009 003896 SUMMIT LAW GROUP, 330.00 2/17/2009 41031 LAW-AG08-028 LEGAL SVC - EMPLO 330.00 210357 3/13/2009 000341 SUNRISE SELF STORAGE, 550.00 2/26/2009 613322 PD-#A-8 3/09-5/09 STORAGE RENT 550.00 210358 3/13/2009 007710 SUPERIOR LINEN SERVICE, 145.07 Bank of America Page 31 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 3/2/2009 42231 DBC-L1NEN SERVICE 28.87 2/16/2009 38144 DBC-L1NEN SERVICE 28.87 2/9/2009 35999 DBC-L1NEN SERVICE 28.87 2/23/2009 40203 DBC-L1NEN SERVICE 28.87 2/2/2009 33947 DBC-L1NEN SERVICE 29.59 210359 3/13/2009 002521 SUPERLON PLASTICS INC, 179.55 2/27/2009 09F0620 PWSWM-REPAIR & MAINT SUPPLlES- 179.55 210360 3/13/2009 009523 SYSTEMS FOR PUBLIC SAFETY, 871.92 2/23/2009 11727 PD-INSTALL PRIORITY START 155.93 2/27/2009 11779 PD-R & R BATTERY 44.97 2/23/2009 11739 PD-INSTALL CONSOLE INTERFACE 50.03 2/26/2009 11750 PD-OLF, INSTALL NEW BATTERY 358.89 2/27/2009 11770 INSTALL PUSH BARS/LIGHTS 262.10 210361 3/13/2009 007292 TACOMA COMMUNITY COLLEGE, 70.00 2/25/2009 16607312 PD-SUPPORT STAFF CONF. SCHROED 70.00 210362 3/13/2009 000588 TACOMA PUBLIC UTILITIES, 494.78 2/25/2009 100048250 PKDBC/KFT-2/09 PUBLIC UTILlTIE 329.87 2/25/2009 100048250 PKDBC/KFT-2/09 PUBLIC UTILlTIE 164.91 210363 3/13/2009 008470 TACTICAL DESIGN LABS, 356.50 3/2/2009 6440 PD-GLOCK HOLSTER 117.50 3/2/2009 6441 PD-GLOCK HOLSTER 117.50 2/9/2009 6393 PD-GLOCK HOLSTER 121.50 210364 3/13/2009 010525 TEST AMERICA LABORATORIES, 659.76 2/13/2009 58052686 PWSWM-PROFESSIONAL SERVICES- 100.50 2/18/2009 58052740 PWSWM-PROFESSIONAL SERVICES- 559.26 210365 3/13/2009 005623 THUILLlER, JENNIFER 253.00 3/2/2009 200912 PWSWR-PRINTING SERVICES- 253.00 210366 3/13/2009 009280 THUNDERING OAK ENTERPRISES INC, 1,575.05 2/18/2009 3546 PKM-PRUNING OF MAPLE TREE@1800 1,575.05 210367 3/13/2009 001424 THYSSENKRUPP ELEVATOR INC, 195.60 3/1/2009 902090 CHB-ELEVATOR MAINT/SERVICE 195.60 210368 3/13/2009 008902 TRI-CITY MEATS, 629.76 2/6/2009 222304 DBC-CATERING SUPPLIES 285.54 2/11/2009 222443 DBC-CATERING SUPPLIES 178.46 2/17/2009 222594 DBC-CATERING SUPPLIES 165.76 210369 3/13/2009 011317 TUCKER, CONNIE 130.98 3/3/2009 2008 TUCKER MSC-2008 UTILITY TAX REBATE 130.98 210370 3/13/2009 003572 TUCKER, CURTIS 639.79 2/26/2009 TUCKER 2009 PD-EXPLORER CHALLENGE 639.79 210372 3/13/2009 002426 UNITED GROCERS CASH & CARRY, 1,040.49 2/19/2009 140138 DBC-CATERING SUPPLIES 63.79 2/28/2009 142611 DBC-CATERING SUPPLIES 34.88 3/2/2009 129137 DBC-CATERING SUPPLIES 48.98 2/24/2009 141507 DBC-CATERING SUPPLIES 166.92 2/15/2009 139209 DBC-CATERING SUPPLIES 48.38 1/30/2009 134791 DBC-CATERING SUPPLIES 12.52 2/3/2009 135912 DBC-CATERING SUPPLIES 4.52 2/12/2009 138318 DBC-CATERING SUPPLIES 35.53 2/26/2009 142029 DBC-CATERING SUPPLIES 128.86 2/19/2009 140138 DBC-CATERING SUPPLIES -0.03 2/21/2009 140711 DBC-CATERING SUPPLIES 82.78 2/13/2009 138652 DBC-CATERING SUPPLIES 85.32 2/26/2009 142131 PRCS-COOKING CLASS SUPPLIES 51.56 2/19/2009 140137 PRCS-COOKING CLASS SUPPLIES 56.05 2/12/2009 138317 PRCS-COOKING CLASS SUPPLIES 42.08 1/31/2009 135071 DBC-CATERING SUPPLIES 64.06 2/11/2009 138078 DBC-CATERING SUPPLIES 114.29 210373 3/13/2009 002349 UNITED LABORATORIES INC, 297.35 2/26/2009 05428 PD-GRUNGE GRIPPERS 297.35 210374 3/13/2009 003837 UNITED PARCEL SERVICE, 217.70 1/31/2009 000F80F48059 CD-RCPT 01-74575 UPS CHG MEIRE 21.16 1/24/2009 0000F80F48049 CD-01-74575 UPS CHRGS 154.21 2/21/2009 0000F80F48089 IT-US MOBILITY RETURN 15.61 . Bank of America Page 32 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 1/31/2009 000F80F48059 CD-RCPT 01-74575 UPS CHG MEIRE 21.16 1/31/2009 000F80F48059 CD-RCPT 01-74575 UPS CHG MEIRE -21.16 1/24/2009 0000F80F48049 CD-01-74575 UPS CHRGS -154.21 1/24/2009 0000F80F48049 CD-01-74575 UPS CHRGS 154.21 1/24/2009 0000F80F48049 UPS DELIVERY SERVICE 13.73 2/28/2009 0000F6588V099 PO-DOCUMENT DELIVERY SERVICE 1.35 2/21/2009 0000F6588V089 PO-DOCUMENT DELIVERY SERVICE 11.64 210375 3/13/2009 005019 UNITED RENTALS NORTHWEST INC, 432.32 2/17/2009 79651420-001 PKM-PROPANElINV#79651420-001 31.17 2/12/2009 79590461-001 SWM-CAUTION TAPE,WlRE HOOK 43.74 2/9/2009 79487404-001 PWST-EXCAVATOR RENTAL 357.41 210376 3/13/2009 001805 VADIS NORTHWEST, 4,295.00 2/28/2009 16389 SWR-AG07-016 2/09 LITTER CONTR 4,166.15 2/28/2009 16389 SWR-AG07-016 2/09 LITTER CONTR 128.85 210377 3/13/2009 003563 VALLEY COMMUNICATIONS CENTER, 1,164.10 2/24/2009 0008352 PD-12/08 LANGUAGE LINE USAGE 144.10 3/10/2009 0008326 PD-2/09 MDT USER FEE- 1,020.00 210378 3/13/2009 008038 VECA ELECTRIC CO INC, 647.85 3/10/2009 AG08-121 RETAINAGE PARKS-AG08-121 VECA RETAINAGE 1,195.35 3/10/2009 AG08-121 RETAINAGE PARKS-AG08-121 VECA RETAINAGE -547.50 210379 3/13/2009 000567 WA STATE DEPT OF ECOLOGY, 244.61 2/25/2009 2009-warO 11563 PWTCIP-STORMWATER PERMIT- 244.61 210380 3/13/2009 003825 WA STATE DEPT OF TRANSPORTATN, 4,549.02 2/10/2009 RE 41 JA6248 L014 PWTR-AG07-177 CITY CNTR ACCESS 4,549.02 210381 3/13/2009 000340 WA STATE INFORMATION SERVICES, 841.04 2/28/2009 2009020181 IT-2/09 SCAN SERVICE 420.52 2/28/2009 2009020181 IT-2/09 SCAN SERVICE 50.46 2/28/2009 2009020181 IT-2/09 SCAN SERVICE 370.06 210382 3/13/2009 004278 WA STATE LABOR & INDUSTRIES, 75.00 3/2/2009 20527 PO-EXPLOSIVE LICENSING S NEAL 75.00 210383 3/13/2009 000061 WA STATE REVENUE DEPARTMENT, 19,242.56 3/10/2009 601-223-5385 MSF-2/09 REMIT SALES TAX DBC 2,762.63 3/10/2009 601-223-5385 MSF-2/09 REMIT SALES TAX FWCC 1,185.19 3/10/2009 601-223-5385 MSF-2/09 REMIT SALES TAX 3,223.63 3/10/2009 601-223-5385 MSF-2/09 REMIT SALES TAX 9.08 3/10/2009 601-223-5385 MSF-2/09 REMIT USE TAX- 2,231.33 3/10/2009 601-223-5385 MSF-2/09 REMIT SALES TAX DBC 3,269.81 3/10/2009 601-223-5385 MSF-2/09 REMIT SALES TAX DBC -2,762.63 3/10/2009 601-223c5385 MSF-2/09 REMIT SVC TAXlPW STOR 5,465.00 3/10/2009 601-223-5385 MSF-2/09 REMIT SALES TAX-FWCC 3,858.52 210384 3/13/2009 006007 WALKER ACE HARDWARE, 56.67 2/18/2009 004464 PKM-HEATER 56.67 210385 3/13/2009 000343 WASHDUP, LLC, 740.57 2/28/2009 FEBRUARY 2009 PD-2/09 CAR WASH SERVICE 740.57 210386 3/13/2009 000783 WASTE MANAGEMENT, 393.68 3/1/2009 0863287-1055-2 SWR-2/09 LITTER DISPOSAL SVCS 393.68 210387 3/13/2009 000783 WASTE MANAGEMENT, 21.66 3/1/2009 0862571-1055-0 SWR-2/09-4/09 LITTER DISPOSAL 21.66 210388 3/13/2009 009995 WATER MANAGEMENT, 137.00 2/25/2009 77953 PWSWM-LAB SVCS 137.00 210389 3/13/2009 003685 WAYNE'S ROOFING INC, 942.86 1/30/2009 30811 DBC-REPAIR ROOF LEAKS 569.53 1/30/2009 30794 DBC-REPAIR ROOF LEAKS 373.33 210390 3/13/2009 003500 WESCOM COMMUNICATIONS, 207.10 2/19/2009 19149 PO-CALIBRATE RADAR SYSTEM 98.10 3/4/2009 19151 PO-CALIBRATE RADAR SYSTEM 109.00 210391 3/13/2009 003444 WEST CAMPUS CLEANERS, 1,008.31 2/28/2009 FEBRUARY 2009 PD-AG07-135 DRY CLEANING SVCS- 1,008.31 210392 3/13/2009 000541 WESTERN EQUIPMENT DISTRIBUTORS, 112.42 2/23/2009 585210 MSFLT-TORO MOWER REPAIRS 112.42 210393 3/13/2009 010636 WESTWATER CONSTRUCTION, 32,104.53 2/18/2009 AG08-029 #7 PWST-AG08-029 S 348TH HOV LANE 32,104.53 Bank of America Page 33 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 210394 3/13/2009 010057 WHISTLE WORKWEAR, 207.00 2/24/2009 53589 PWST-CREW CLOTHING- 207.00 210395 3/13/2009 002204 WILBUR-ELLIS COMPANY, 630.57 2/6/2009 3550627 PWSWM-LANDSCAPE MAINT SUPPLIES 630.57 210396 3/13/2009 009925 WOJCIECHOWSKI, STEPHEN PATRICK 192.50 2/23/2009 FEBRUARY 21, 2009 PRCS-AG07-094 MEDICAL TRAINING 192.50 210397 3/13/2009 000660 WOODWORTH & COMPANY INC, 631.91 2/17/2009 189330 SWM-ASPHAL T MIX 631.91 210398 3/13/2009 010161 WSSO ADVANCED TRAINING - 2007, 675.00 2/26/2009 STRAY REGISTER PD-WSSO SCHL SAFETY TRNG STRAY 225.00 2/26/2009 TUDOR REGISTER PD-WSSO SCHL SAFETY TRNG TUDOR 225.00 2/26/2009 GREEN REGISTER PD-WSSO SCHL SAFETY TRNG GREEN 225.00 210399 3/13/2009 011323 ZINCHUK, PETER 8,709.00 3/6/2009 08-102551 REFUND CD-08-102551 STERLING WOODS PE 37.50 3/6/2009 08-102551 REFUND CD-08-102551 STERLING WOODS PE 3,883.00 3/6/2009 08-102551 REFUND CD-08-102551 STERLING WOODS PE 194.00 3/6/2009 08-102551 REFUND CD-08-102551 STERLING WOODS PE 261.60 3/6/2009 08-102551 REFUND CD-08-102551 STERLING WOODS PE 4.50 3/6/2009 08-102551 REFUND CD-08-102551 STERLING WOODS PE 4,128.40 3/6/2009 08-102551 REFUND CD-08-102551 STERLING WOODS PE 200.00 2093793 3/3/2009 009467 US BANK, 10,741.70 2/25/2009 FEBRUARY 2009 PO-BUSINESS JOURNAL SUBSCRIPT. 72.95 2/25/2009 FEBRUARY 2009 PO-GREGG REFERENCE MANUAL ONLI 14.75 2/25/2009 FEBRUARY 2009 PO-FIREARM TRNG AMMO 100.71 2/25/2009 FEBRUARY 2009 PD-CPR/AED TRNG - MICKELSEN 607.65 2/25/2009 FEBRUARY 2009 PO-EXPLORER CHALLENGE GRAND PR 1,547.68 2/25/2009 FEBRUARY 2009 PO-HAND WIPES 80.89 2/25/2009 FEBRUARY 2009 PO-LITH lAM BATTERIES 82.00 2/25/2009 FEBRUARY 2009 PD-TASER BATTERIES 74.50 2/25/2009 FEBRUARY 2009 PD-CRAIG'S LIST RECRUITING AD 25.00 2/25/2009 FEBRUARY 2009 PD-THE THUNDERWORLD RECRUIT AD 200.00 2/25/2009 FEBRUARY 2009 PD-CRIMINAL INTERROGATION TRNG 450.00 2/25/2009 FEBRUARY 2009 PD-CRIMINAL INTERROGATION TRNG 450.00 2/25/2009 FEBRUARY 2009 PO-FBI HAZARDOUS DEVISE TRNG W 429.39 2/25/2009 FEBRUARY 2009 PD-BKGRND INVEST. TRIP SIVER 111.81 2/25/2009 FEBRUARY 2009 PD-BKGRND INVEST. TRIP SIVER 30.00 2/25/2009 FEBRUARY 2009 PD-CALEA CONF. NEAL & JACKSON 574.76 2/25/2009 FEBRUARY 2009 PD-ATS CONF. POTTS & BENSEN 544.38 2/25/2009 FEBRUARY 2009 PO-GLOCK TRIGGER REPAIR KIT 18.65 2/25/2009 FEBRUARY 2009 PO-INTERROGATION TRNING DEMARE 395.00 2/25/2009 FEBRUARY 2009 PD-CRIMINAL INTERROGATION TRNG 450.00 2/25/2009 FEBRUARY 2009 PO-STREET SURVIVAL SMNR ALDRID 215.00 2/25/2009 FEBRUARY 2009 PD-CRIME ANALYSIS TRNG TIROUIX 511.91 2/25/2009 FEBRUARY 2009 PD-BKGRND INVEST. TRIP SIVER 68.58 2/25/2009 FEBRUARY 2009 PD-EXPLORER COMPETITION T-SHIR 1,826.75 2/25/2009 FEBRUARY 2009 PD-CRIME ANALYSIS TRNG TIROUIX 206.19 2/25/2009 FEBRUARY 2009 PD"CRIME ANALYSIS TRNG TIROUX 525.00 2/25/2009 FEBRUARY 2009 PO-ORAL BOARD MEMBERS LUNCH 39.60 2/25/2009 FEBRUARY 2009 PO-HOLSTER & MAGAZINE POUCH 68.23 2/25/2009 FEBRUARY 2009 PD-STREET SURVIVAL SMNR M CHI 215.00 2/25/2009 FEBRUARY 2009 PO-TRAFFIC VESTS 335.15 2/25/2009 FEBRUARY 2009 PO-CAMERA BATTERY CHARGERS 29.98 2/25/2009 FEBRUARY 2009 PO-CIS DIGITAL VOICE RECORDERS 290.19 2/25/2009 FEBRUARY 2009 PO-REI GIFT CARD VOLUNTEER GAB 150.00 2094759 3/6/2009 009507 US BANK, 10,405.12 2/25/2009 FEBRUARY 2009 FWCC-BIGGEST LOSER SUPPLIES 57.25 2/25/2009 FEBRUARY 2009 PRCS-GARMAN FOR NAVIGATION 234.33 2/25/2009 FEBRUARY 2009 PRCS-PINOCHEL CARDS 14.33 2/25/2009 FEBRUARY 2009 PRCS-COUGER MT. ZOO - SR TRIP 66.50 2/25/2009 FEBRUARY 2009 PRCS-HISTORY MUSEUM SR. TRIP 35.00 2/25/2009 FEBRUARY 2009 PRCS-SEQUIM SR. TRIP 72.00 2/25/2009 FEBRUARY 2009 PWST-CERTIFIED MAIL-#06-127 8.94 2/25/2009 FEBRUARY 2009 MSF-GFOA CONF. KRAUS, ENGE, TU 1,769.00 Bank of America Page 34 of 35 Check No. Date Vendor Inv Date Invoice Description Amount Check Total 2/25/2009 FEBRUARY 2009 CC-M. PARK SISTER CITIES RELAT 1,625.00 2/25/2009 FEBRUARY 2009 CM-MEDIA ARCH IVE SERVICE 9.95 2/25/2009 FEBRUARY 2009 CM-LOBBYIST RFP ADVERTISEMENT 375.00 2/25/2009 FEBRUARY 2009 CM-GOFA CONF. BENGE 617.32 2/25/2009 FEBRUARY 2009 MSHR-NPELRA CONF. MCDOUGAL 344.40 2/25/2009 FEBRUARY 2009 FWCC-POWER WINTER 09 KIT 45.00 2/25/2009 FEBRUARY 2009 PRCS-ARTS COMM. TRNG BOOKS 93.25 2/25/2009 FEBRUARY 2009 PRCS-WA FERRIES - SR TRIP 9.85 2/25/2009 FEBRUARY 2009 PRCS-HISTORY MUSEUM SR. TRIP 4.00 2/25/2009 FEBRUARY 2009 PRCS-SEQUIM SR. TRIP 4.00 2/25/2009 FEBRUARY 2009 FWCC-RESALE ITEMS 52.32 2/25/2009 FEBRUARY 2009 FWCC-BIGGEST LOSER SUPPLIES 113.06 2/25/2009 FEBRUARY 2009 FWCC-DAYCARE SUPPLIES, MOVIES 131.08 2/25/2009 FEBRUARY 2009 FWCC-BRIDAL SHOW DECORATIONS 21.67 2/25/2009 FEBRUARY 2009 FWCC-DAYCARE BINDER PAPER 23.50 2/25/2009 FEBRUARY 2009 FWCC-WEDDING SHOW BOOTH 57.32 2/25/2009 FEBRUARY 2009 PRCS-SR. TRIP WARTHOG BBQ 67.23 2/25/2009 FEBRUARY 2009 PRCS-YOUTH COMM. MTG 38.15 2/25/2009 FEBRUARY 2009 PRCS-YOUTH COMM. MTG 59.50 2/25/2009 FEBRUARY 2009 CM-GOFA CONF. BENGE 84.60 2/25/2009 FEBRUARY 2009 FWCC-TREADMILL REPAIRS 824.20 2/25/2009 FEBRUARY 2009 FWCC-CLlMBING WALL EQUIP. 294.25 2/25/2009 FEBRUARY 2009 PRCS-BROCHURES 632.46 2/25/2009 FEBRUARY 2009 FWCC-GROUP FITNESS LICENSE FEE 685.00 2/25/2009 FEBRUARY 2009 PW-EPICENTRE CONSULTANT MTG LU 23.56 2/25/2009 FEBRUARY 2009 SWR-WCRC 2009 DUES VAN ORSOW 75.00 2/25/2009 FEBRUARY 2009 PRCS-DINNER & A MOVIE 38.00 2/25/2009 FEBRUARY 2009 PRCS-BRUNCH & MOVIE TICKETS 30.00 2/25/2009 FEBRUARY 2009 PRCS-DINNER & A MOVIE 42.00 2/25/2009 FEBRUARY 2009 DBC- TOASTER OVEN 78.28 2/25/2009 FEBRUARY 2009 PWTR-ITE MEMBERSHIP,DUES HANNA 234.00 2/25/2009 FEBRUARY 2009 PRCS-DAUGHTER NIGHT OUT SUPPLI 193.24 2/25/2009 FEBRUARY 2009 PRCS-ART SUPPLIES 13.97 2/25/2009 FEBRUARY 2009 PRCS-DAUGHTER NIGHT OUT SUPPLI 188.51 2/25/2009 FEBRUARY 2009 PRCS-DAUGHTER NIGHT OUT SUPPLI 29.77 2/25/2009 FEBRUARY 2009 PRCS-COMM.REC. POSITION INTERV 27.94 2/25/2009 FEBRUARY 2009 PW-2/11/09 OPEN HOUSE DINNER F 345.03 2/25/2009 FEBRUARY 2009 PW-PUBLlC STAKEHOLDERS MTG 134.45 2/25/2009 FEBRUARY 2009 PRCS-PRE-SCHL SUPPLIES 45.40 2/25/2009 FEBRUARY 2009 PRCS-PRE-SCHL SUPPLIES 71.10 2/25/2009 FEBRUARY 2009 PRCS-VOLLEYBALL EQUIP. 107.91 2/25/2009 FEBRUARY 2009 CC-COUNCIL MTG MEALS 100.12 2/25/2009 FEBRUARY 2009 CC-COUNCIL MTG MEALS 90.23 2/25/2009 FEBRUARY 2009 MC-2/09 LANGUAGE LINE USAGE 67.15 2099491 3/11/2009 011218 US BANK, 17 ,053.55 2/25/2009 FEBRUARY 2009 CD-GRAFFITI MATERIALS 69.59 2/25/2009 FEBRUARY 2009 CD-GRAFFITI MATERIALS 30.25 2/25/2009 FEBRUARY 2009 CC-COUNCIL RETREAT FOOD 373.74 2/25/2009 FEBRUARY 2009 IT-STAR LK TV MOUNT SAFE CITIE 257.19 2/25/2009 FEBRUARY 2009 IT-STAR LAKE RM TV SAFE CITIES 980.02 2/25/2009 FEBRUARY 2009 EOC-DSTAR RADIO PROJECT 1,149.85 2/25/2009 FEBRUARY 2009 CDHS-CERT SUPPLIES 93.79 2/25/2009 FEBRUARY 2009 CDHS-CERT SUPPLIES 39.62 2/25/2009 FEBRUARY 2009 CDHS-CERT SUPPLIES 92.76 2/25/2009 FEBRUARY 2009 CDHS-CERT SUPPLIES 16.35 2/25/2009 FEBRUARY 2009 CDHS-FLOWERS FOR CATALANO SEE 44.98 2/25/2009 FEBRUARY 2009 CC-COUNCIL RETREAT OFFICE SUPP 43.91 2/25/2009 FEBRUARY 2009 CM-LUNCH MTG L KOCHMAR 36.71 2/25/2009 FEBRUARY 2009 MSHR-WAPELRA LUNCH MTG 87.65 2/25/2009 FEBRUARY 2009 PKM-PROJECT MGMT CLASS DICKINS 399.00 2/25/2009 FEBRUARY 2009 PARKS-HYLEBOS HOUSE FILTERS 259.35 2/25/2009 FEBRUARY 2009 PARKS-WRPA PLAYGRND TRNG DICKI 960.00 2/25/2009 FEBRUARY 2009 CM-ECO DEVELOP. LUNCH MTG 47.42 2/25/2009 FEBRUARY 2009 MSHR-MINOR WORK PERMIT 18.00 Bank of America Page 35 of 35 Check No. Date Vendor I nv Date Invoice Description Amount Check Total 2/25/2009 FEBRUARY 2009 SWM-STAFF WORK CLOTHING 154.74 2/25/2009 FEBRUARY 2009 SWM-WORK PANTS R SHREFFLER 65.38 2/25/2009 FEBRUARY 2009 IT-MC SIGNATURE PADS 183.72 2/25/2009 FEBRUARY 2009 CDHS-VOLUNTEER DINNER INVITATI 954.35 2/25/2009 FEBRUARY 2009 PARKS-BOC CERTIFICATION GERWEN 55.00 2/25/2009 FEBRUARY 2009 IT-RPLC DVD BURNER CIS RM 298.61 2/25/2009 FEBRUARY 2009 EOC-SOW WORKSHOP FOOD 35.16 2/25/2009 FEBRUARY 2009 EOC-SOW WORKSHOP FOOD 680.07 2/25/2009 FEBRUARY 2009 CD-ICC MEMBERSHIP BAILEY 100.00 2/25/2009 FEBRUARY 2009 PKM-ALL STAFF SAFETY MTG 11.98 2/25/2009 FEBRUARY 2009 CM-NATOA DUES SADRI & LEE 415.00 2/25/2009 FEBRUARY 2009 CM-3CMA DUES REES,FARMER, LEE 800.00 2/25/2009 FEBRUARY 2009 CM-NA TOA DUES SADRI & LEE 415.00 2/25/2009 FEBRUARY 2009 CD-APA CONF. BARKER & SHULL 750.00 2/25/2009 FEBRUARY 2009 CD-WABO TRNG CLASSES- 750.00 2/25/2009 FEBRUARY 2009 CD-WABO SMNR BAILEY 60.00 2/25/2009 FEBRUARY 2009 PW-SAND BAGS 326.40 2/25/2009 FEBRUARY 2009 EOC-PREPAREDNESS CONFERENCE GR 250.00 2/25/2009 FEBRUARY 2009 CD-APA CONF. BARKER & SHULL 755.00 2/25/2009 FEBRUARY 2009 CD-PLANNING COMMISSION DINNER 203.52 2/25/2009 FEBRUARY 2009 CD-CODE COMPLIANCE CAMERA 119.89 2/25/2009 FEBRUARY 2009 CD-DIGITAL CAMERA MEMORY CARD 21.79 2/25/2009 FEBRUARY 2009 IT-MICROPHONE REPAIRS 19.05 2/25/2009 FEBRUARY 2009 IT-VIDEO ARC CABLE 132.74 2/25/2009 FEBRUARY 2009 PW-SAND BAGS 326.40 2/25/2009 FEBRUARY 2009 CC-AWC LEGISLATIVE ACTION CONF 120.00 2/25/2009 FEBRUARY 2009 SWM-RAILROAD TIES 34.82 2/25/2009 FEBRUARY 2009 SWM-TRUCK WINCH 1,304.51 2/25/2009 FEBRUARY 2009 CM-CITY BANNER 165.92 2/25/2009 FEBRUARY 2009 EOC-EOC DSTAR RADIO PROJECT 1,673.35 2/25/2009 FEBRUARY 2009 EOC-SHEL TER BLANKETS 770.97 2/25/2009 FEBRUARY 2009 'CD-ICC CERTIFICATION RENEWAL 100.00 Total Checks Issued 471 Total $1,390,086.32 COUNCIL MEETING DATE: April 7, 2009 ITEM c.,. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FEBRUARY 2009 MONTHLY FINANCIAL REPORT POLICY QUESTION: Should the Council approve the February 2009 Monthly Financial Report? COMMITTEE: Finance, Economic Development and Regional Affairs Committee MEETING DATE: March 24, 2009 CA TEGORY: [gI Consent D Ordinance D City Council Business D Resolution _~!~.F'.F'~~...2~!}:~.x:!~~~~l:l~I1<::_~P5!~<::m!~E_m____mmmmmmm_mmm___m Attachments: · February 2009 Monthly Financial Report Options Considered: I. Approve the February 2009 Monthly Financial Report as presented. 2. Deny approval of the February 2009 Monthly Financial Report and provide direction to staff. D Public Hearing D Other DEPT: Finance STAFF RECOMMENDATION: Staffrecommends approval of Option 1. CITY MANAGER ApPROVAL: (!jj';) -@- DIRECTOR ApPROVAL: ~ ~ Committee Council COMMITTEE RECOMMENDATION: Forward approval of the February 2009 Monthly Financial Report to the April 7, 2009 City Council Consent Agenda. U&Lli f~) Eric Faison, Member ~ ~~A. / _ ~, Chair PROPOSED COUNCIL MOTION: "J move approval of the February 2009 Monthly Financial Report.." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COlJNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # ] ST reading Enactment reading ORDINANCE # RESOLUTION # ~ CITYOf' ~ Federal Way February 2009 Monthly Financial Report GENERAL & STREET FUND OPERA nONS The overall operations of the combined General and Street Fund year-to-date showed a negative result of$156K through February. Overall revenue total $5.8M and is $541K or 1.4% below budget. The negative variance is due to Sales Tax ($285K), Criminal Justice Sales tax ($90K), Permits ($89K), and Interest Earnings ($76K). General fund does not include Proposition 1 revenues and expenditures. 2008 2009 Variance GENERAL & STREET FUND Annual Annual YTD Annual YTD YTD Favorable (Unfavorable) Summary of Sources & Uses Budget Actual Actual Budget Budget Actual $ % Beginning Fund Balance $ 8,009,058 $ 7,748,669 $ 7.748,669 $ 4.544,738 $ 4,544,738 $ 5,642,307 $ - 0.0% OPERATING REVENUES Property Taxes 9,122,267 9,213,312 89,864 9.237,000 110,988 110,988 - 0.0% Sales Tax 13,089,445 12,144,158 2.407,790 12.595,000 2,344,946 2,060.223 (284,723) -12.1% Criminal Justice Sales Tax 2,289.763 2,051,524 396,036 2,190,000 422,768 333,008 (89,760) -21.2% Intergovernmental 2,398,026 2.434,732 360,398 2,372,000 351,112 338,834 (12,279) -3.5% Streamline Sales Tax - 46,587 - - - nla leasehold Tax 2,026 5,712 1,151 4,000 806 1.346 540 66.9% Gambling Taxes 1.400,000 1,259.783 246,824 1,396,000 260.817 247,223 (13.594) -5.2% Court Revenue 998,825 1,507,362 252,931 1.469,000 237,343 241,282 3,938 1.7% Building Permits/Fees-CD 2,182,100 1,481,211 257.478 1,594,000 222,727 177,551 (45,176) -20.3% ROW Permits & Develop Svcs Fees-PW 483,399 461,652 80,311 529,000 85,734 41,828 (43,906) -51.2% Licenses 235,518 238,024 46,347 240,000 46,732 50,312 3.580 7.7% Franchise Fees 1,073,269 967.240 243,000 1,000,000 251,231 242,703 (8,528) -3.4% Passport Agency Fees 91,388 74,830 19.425 93,000 24,142 13,150 (10,992) -45.5% General Recreation Fees 600,915 775,243 72,746 600,915 56,388 90.455 34.066 60.4% Public Safety 1,072,695 1,048,350 86,741 761,000 62,965 69,093 6,127 9.7% Admin/Cash Management Fees 605,695 593,209 98.868 630.424 105,071 105,148 77 0.1% Interest Earnings 741,023 292,130 75,512 394,000 101,844 26,000 (75,845) -74.5% Misc/Other 240,750 272,865 43.475 267,000 42,541 37,748 (4,793) -11.3% Onaoina Transfers In: Utility Tax-Celebration Park 266,000 266,000 266,000 279,300 279,300 279,300 - 0.0% Utility Tax-Arts Comm/RW&B Festival 108,000 108,000 108,000 113,400 113.400 113.400 0.0% Utility Tax-Police Positions 728,000 728,000 728,000 952,168 952,168 952,168 - 0.0% Utility Tax-Street Bond Prajects 321,592 321.592 321,592 343,472 110.465 110,465 - 0.0% Utility Tax-New Street Lights 116,014 116,014 116.014 116,014 - - nla Utility Tax-Camp Kilworth M&O 110,000 110,000 110,000 115,500 115,500 115,500 0.0% Utility Tax-General Fund Oper 1,761,946 1,761,946 4.409,008 - - n/a Utility Tax-New Parks M&O 62,000 62,000 62,000 65,100 65,100 65,100 0.0% otal Operating Revenues 40,100,656 38,341,473 6,4$0,505 41.766.301 6.364.089 5.822,823 {541.21;6} -1.4% OPERATING EXPENDITURES City Council 381,122 393,385 122,278 396,970 123,392 127,070 (3,678) -3.0% City Manager 1,716,646 1,648,592 331.546 1,797,122 361,417 267,965 93.452 25.9% Municipal Court 1,336,888 1,318,546 208,105 1,346,520 212,520 215,938 (3,418) -1.6% Economic Development 345,201 236,897 38.707 324,955 53,095 41.119 11,976 22.6% Human Resources 1,172.427 1,138.145 101,141 876,640 117,633 102.180 15,453 13.1% Finance 890,231 898,031 139,244 999,0521 154,908 155.495 (587) -0.4% Civil/Criminal legal Services 1,390,944 1,348,267 192.800 1,333,324 221,610 212.437 9,173 4.1% Comm. Development Svcs 4,325,029 3,626,741 465,795 3,685,163 577,107 535,245 41,862 7.3% Jail Services 1,824,022 1,647,628 8,591 1,933.463 10,082 102,569 (92.487) -917.4% Police Services 20,553.401 19,842.899 3.234.516 19,354,884 3,154,966 3,166,690 (11,723) -0.4% Parks and Recreation 4,007,944 3,752,425 478,039 4,038,354 514,465 445,566 68,899 13.4% Public Works 5,321,315 4,628,782 574,271 4,791,926 594,511 606,108 (11,597) -2.0% otal Operating Expef'lditures 43.265.11;8 40,480,337 5,895,033 40.878,373 6.095,706 5,978,384 117.322 0.3% Operating Revenues over/(under) Operating Expenditures (3.164,512) (2,138,864) 595,472 887,928 268,383 (155.561) (423,944) 19.8% OTHER FINANCING SOURCES One-Time Transfers In 120,795 87,156 4,779 152.942 - - 0.0% Grants & Other 129,171 81,387 11,226 63.659 1.572 1,572 - 0.0% Interfund loan Proceeds - - - - 65,000 65,000 n/a Total Other Financing Sources 249,966 168,543 16,005 216.601 1,572 66,572 (152,538) -90.5% OTHER FINANCING USES City Manager Contingency 3.036,935 71,181 1,243,030 - - n/a n/a Temporary Interfund loan to FWCC 65,000 - - n/a nla Total Other Financing Uses 3,036,935 136.181 - 1.243,030 - - nfa n/a otal Endina Fund Balance $ 2,057,577 $ 5,642,307 $ 8,360,146 $ 4.406.237 $ 4,814,693 $ 5,553,318 n/a nfa DESIGNATED OPERATING FUNDS Through February, designated operating funds revenue total $3.1 M and is $368K below the year-to-date budget of $3.5M. Expenditures of$3.0M is $24K above year-to-date budget of$3.0M. The utility tax shown for $2.IM is only 6% and does not include 1.75% for Prop 1. 2008 2009 Variance DESIGNATED OPERATING FUNDS Annual Annual YTD Annual YTD YTD Favorable (Unfavorable) Summary of Sources & Uses Budget Actual Actual Budget Budget Actual $ % Begin Balance-Designated Funds $ 7,295,982 $ 3,411,135 $ 3.411,135 $ 9,182,276 $ 9,182,276 $ 8,061.535 OPERATING REVENUES Intergovernmental 559.023 531,722 88,445 560,715 93,268 75,688 (17,579) -18.8% Utility Taxes 9,197,069 10,427,717 1,991,700 11,252.116 2.094.216 2,006,675 (87,541) -4.2% Hotel/Motellodging Tax 180,353 188.833 29,892 209,470 30,134 25,387 (4,746) -15.8% iReal Estate Excise Tax 3,300,000 2,590,310 1,102,382 2.800,000 452,652 105,109 (347,543) -76.8% FW Community Center.Operations 1,663,407 1.398,763 212,428 1,638,407 258,626 221,179 (37,447) -14.5% Red Light Photo Enforcement Program 50,000 141,174 - - - 153,716 153,716 nla Property Tax - KC Expansion Levy - 148,896 149,205 313 313 n/a Dumas Bay Centre 634,711 494,270 72,730 589.132 86,689 73,270 (13,419) -15.5'll Knutzen Family Theatre 77,955 106,851 22,984 98,087 21,098 17.712 (3,386) -16.0% ~WM Fees 3.604.132 3.316.097 27,966 3.314,114 27.949 38,389 10,419 37.3'll Refuse Collection Fees 242,850 262.847 65,712 270,732 67.683 68,160 477 0.7% Interest Earnings 159.970 308.370 73,299 152.951 36,356 15,031 (21,325) -58.7% Miscellaneous/Other 4,000 3,334 . n/, hnnoinn T"'nsfe'" In: Utility Tax-Knutzen Theatre 129,260 129,260 129,260 135,723 135,723 135.723 - 0.0% Utility Tax-Debt Service 1.343.633 913.333 - 914.332 - - n/' Utility Tax-Arterial Streets 1,400,000 1,400,000 - 1.400,000 - n/' Utility Tax-New Community Center 528,348 528.348 - 990,004 188.690 188,690 - 0.00 otal Operating Revenues 23,074,711 22,890,126 3,816,800 24,474,988 3,493,084 3,125,022 (368,062) -1.6% ~PERATlNG EXPENDITURES ity Overlay Program 2,412,849 2,006,078 32,633 1.968,000 32.013 30,108 1,905 6.0% Utility Tax-Admin/Cash Mgmt Fees 59,747 59,747 9,958 62,137 10,356 10,356 0 O.O"A Solid Waste 375,060 370,718 44,189 489,233 58,315 54,997 3.319 5.7% HotellMotel Lodging Tax 385,510 196,905 18,821 215,470 20,596 26,033 (5.438) -26.4% FW Community Center~Operations 2,061,761 1,988,996 265,965 2,066,702 274,433 345,852 (71,419) -26.0'll raffle Safety (Red light Photo) 50,000 5,563 - - - n/' !Debt Service 1.201,830 1,195.133 8,844 1,203,385 8,905 9,112 (207) -2.3% Surface Water Management 3,278,195 3,073,015 437,196 3,306,496 470,414 415,723 54,691 11.6% pumas Bay Centre 843,413 585,803 82,950 589,132 83,421 82,981 440 0.5% Knutzen Family Theatre 210,939 278,870 38,755 233,807 32,493 39,971 (7,479) -23.0% hnnninn T"'nsf~rs nu . Utility Tax-Celebration Park 266,000 286,000 266,000 279,300 279,300 279,300 - 0.0'll Utility Tax-FWCC Operations 528,348 528,348 88.056 554,786 188,690 188,690 - 0.0'll Utility Tax-FWCC Reserves . - 435.238 - Utility Tax-Arts Comm/RW&B Festival 108,000 108,000 108,000 113.400 113,400 113.400 - 0.0'll Utility Tax-Police Positions 728,000 728,000 728,000 952.168 952.168 952.168 . O.ooA Utility Tax-Street Bond Projects 321,592 321,592 321,592 337,671 110,465 110,465 - 0.0% Utility Tax-New Street Lights 116,014 116,014 116.014 121.815 - n/, Utility Tax-Knutzen Family Theatre 129,260 129,260 129,260 135.723 135,723 135.723 - 0.0% Utility Tax-Arterial Streets Overiay 1,400,000 1,400,000 - 1,400,000 - n/' Utility Tax-Camp Kilworth M&O 110,000 110.000 110,000 115,500 115,500 115,500 - 0.0'll Utility Tax-Debt Service - - - - - n/' Utility Tax-Transportation CIP 1,400.000 1,400,000 - 4.000,000 - n/a Utility Tax.General Fund Operations 1,761.946 1,761,946 - 4,409,008 - - - n/a Utility Tax-FWCC Debt Sve 913.333 913,333 - 914,332 . - n/a Utility Tax-New Parks M&O 62,000 62.000 62,000 65,100 65,100 65,100 - 0.0% otal Operating Expenditures 18;523,796 17,605,321 2,868,235 23,968,383 2,951,292 2,975,479 (24,187) -0.1% Operating Revenues over/(under) Operating Expenditures 4,550,915 5,284,806 948,565 506,605 541,792 149,542 (392,249) -7.4% OTHER FINANCING SOURCES Grants/Mitigation/Other 297,000 359,420 36,250 149,000 25,685 337,685 (312.000) -1214.7'll Temporary Interfund Loan 65.000 - - - - Total Other Financing Sources 297,000 424,420 36,250 149,000 25,685 337,685 (388,170) -91.5'll OTHER FINANCING USES One-Time Transfers OuVOther 4.964,300 4,557,52~ I - 5,538,694 n/, Interfund Loan Repayment - 65,000 - n/, Total Other Financing Uses 4,964,300 4,557,526 . 5,538,694 65,000 4,557,526 100.0'll ENDING FUND BALANCE Arterial Street 15,106 482,408 103,037 15.106 538,937 n/a n/a Utility Tax 3.246,665 5,182.001 651,224 2,102,050 5.227,267 n/a n/a Solid Waste & Recycling 144,298 173.319 160,383 107,054 201,145 n/a n/a Hotel/Motel Lodging Tax 194,142 210,326 193,832 n/a n/a FW Community Center 151,388 984 (32.141) 673.192 0 n/a n/a Traffic Safety Fund 135.819 135,819 289,937 n/a n/a Paths & Trails 44,892 193.195 36,909 126,005 194,735 n/a n/' Debt Service Fund 2,777,461 1,763.666 3,229,823 1,139,412 1,863.328 nla nla SUlface Water Management 150,457 65.275 524,033 165,627 106 n/a nl' Dumas Bay Centre Operations (84,946) (167.777) (10,220) (75,712) (177,488) n/a n/, Knutzen Family Theatre 87,539 38,503 103,488 48,459 151,967 nla nl atal Endina Fund Balance $ 6,532,861 $ 8,061,535 $ 5,112,682 $ 4,301,193 $ $ 8,483,767 nla n/a Real Estate Excise Tax Compared to year-to-date 2008, collections are down $997K or 90.5'%. February's receipt of $45K is $467K below February 2008's activity. February's collection of $45K is $174K below February 2009 Budget. Compared to 2009 YTD Budget, collections are down $348K or 76.8%. Compared 2008's, year-to-date number of real estate sales decreased 72 or 24% in 2009. Another contributing factor is the amount of major sales (sales greater than $IM), which decreased $IS5M (equates to $905K in REET revenues) from year-to-date 2008. Year-to-date major sales in 2008 consisted of the sales of a retail store located on Pacific Highway ($3.2M), Riverstone Apartments ($30.2M), Apartment complex located on SW Campus Drive ($65.3M), Silver Shadow Apartments ($13AM), Commercial Building located on S 3441h St ($23.7M), Shopping Center located on 1 51 Ave S ($6.8M) and an Apartment complex located on 1 Oth Ave SW ($41.0M). February 2008 activities include 105 real estate transactions, of which 61 were tax exempt. There were no significant transactions noted in February of2009 Sales Tax Compared to 200S, sales tax revenues are down $348K or 14.4%. February sales tax collection total $1.2M, which is $IS7K or 13.4% below 2008's February sales tax of $lAM. Compared to 2009 YTD budget, sales tax revenues are down $285K or 12.1 %. There is an overall decrease in retail trade, construction, services, wholesaling, and manufacturing. REAL ESTA TE EXCISE TAX REVENUES Year to date thru February 2008 2009 Change from 2008 2009 Actual vs Budget Month Actual Budget Actual $Var %Var $Var %Var Jan $ 590,477 $ 233,869 $ 60,134 $ (530,343) -89.8% $ (173.735) -74.3% Feb 511.905 218.783 44,975 (466,930) -91.2% ( 173,808) -79.4% Mar 162.401 264,027 - Apr 144,395 289,026 May 134,252 245,353 - Jun 130.736 283,549 Jul 223,161 226,667 Aug 140,235 199,774 - - Sep 112.732 274,519 Oct 287.107 189,171 - - Nov 52.763 214.413 - ~c 100,146 160,849 - YTO T olal $1,102,382 $ 452,652 $ 105,109 (997,273) -90.5% (347,543) -76.8Ot. Annual T alai $2,590,310 $2,800,000 nla nla nla n/a nla LOCAL RETAIL SALES TAX REVENUES Year-to-date thru February 2008 2009 2009 Change from 2008 2009 Actual vs Budget Month Actual Budget Actual $ % $ % Jan $ 1,014,466 $ 987,521 $ 853,430 $ (161,036) -15.9% $ (134,091) -13.2% Feb 1,393,323 1,357,425 1,206.793 ( 186,530) -13.4% (150,632) -10.8% -- ----_.. Mar 911,140 909.771 .. Apr 909.258 887,837 May 1,142,019 1,076,205 - Jun 883,361 962.789 Jul 964.231 972.126 Aug 1,071,441 1,166560 Sep 1,077,527 1,099,772 Oct 1,036,171 1,057,026 .. - - - Nov 1,007,421 1,118,123 ~c 733.798 999,845 YTO Tolal $ 2,407,790 $ 2,344,946 $ 2,060,223 $ (347,566) -14.4% $ (284,7231 -12.1Ot. Annual Tolal $12,144,158 $12,595,000 nla nla nla nla nla Sales Tax bv SIC Code Retail sales continue to remain the largest source of sales tax revenue, accountiI1g for 57% of all sales tax collections which includes General Merchandise Stores, Motor Vehicle & Parks Dealer, Building MateriallGarden, and Miscellaneous Store Retailers. Year-to-date retail sales tax collection is below by $133K or 9.7% below year-to-date 2008. The decrease is due to decreases in General Merchandise Stores ($70K), Motor Vehicle & Parts Dealer ($33K), and Building Material & Garden ($20K). Services industry accounts for 19% of Ihe total sales tax collections which includes Food Services/Drinking Places, ProfessionallScientific/Tech, and Repair/Maintenance. On a year-to-date basis, services sales tax is down by $38K or S.3% compared to 2008 mainly due to a decrease in Food Services & Drinking Places ($19K). Construction and contracting activity, which accounts for 9% of sales tax collections, is down $SOK or 35.2% from 2008's year-Io-date activity. Construction activities include Construction of buildings and Specialty trade contractors. Wholesale trade accounts for 5% of the total sales tax collections. Year-to-date wholesaling activity is down by $37K or 31.3% below 200S year-to-date. The increase is due to increase in Durable goods ($36K). COMPARiSON OF SALES TAX COLLECTIONS BYSlCGROUP Year.to-date thru February Component 2008 2009 Change from 2008 Group Actual Actual $ % Retail Trade $ 1,367,290 $ 1,234 ,553 $ (132,737) -9.7% Services 456,582 418,699 (37,883) -8.3% ConstrucUContract 226,052 146,469 (79,583) -352% Wlolesaing 118,109 81,168 (36,940) -31.3% Transp/LUdy 3,128 2,110 (1,017) .32.5% nfonmtion 84,191 85,941 1,750 2.1% Manufacturllg 71.451 38,077 (33,374) -46.7% Governrrenl 12,864 7,488 (5,376) -41.8% FinJklslReal Estate 65,983 44,392 (21,591) -32.7% Other 2,142 1,327 (815) -38.1% YTD T olal $ 2,407,790 $ 2,060,223 $ (347,566) -14.4% Information accounts for 3% of the total sales tax collections, which includes Telecommunications, Publishing and Motion Picture/Sound Record. Year-to-date information activity up by $2K or 2.1 % compared to 2008. The increase is due to an increase in Telecommunications of $4K. Manufacturing activity accounts for 3% of the year-to-date sales tax collections is down by $33K or 46.7% when compare to 2008 year-to-date. Manufacturing activity includes Wood product manufacturing, printing/related support, and fumiture/related products. The majority of the decrease is due to decrease in activity of wood product manufacturing ($34K) which is partially due to an audit performed by the Department of Revenue which resulted in an additional $ I 6K received in 2008. Government activity shows a decrease of $5K or 41.8% compared to 2008's year-to-date activity mainly due decrease in liquor sales tax ($6K). Sales Tax bv Area The City's largest retail center, South 348th, which generates 11.1 % of the City's sales tax, is showing a decrease of$42K or 15.5% compared to the 2008 year-to-date. The decrease is due to decrease in Retail Building Materials ($21K) and Retail General Merchandise ($26K). The Commons year-to-date activity show a decrease of $50K or 18.2% compared to 2008. The decrease from 2008 consists of a decrease in General Retail Merchandise ($49K) and Retail Eating & Drinking ($18K). Major. Auto Sale's year-to-date collection total $29K and is $30K or 50.3% below 2008 year-to-date. S. 312th to S. 316th tax collections are up down $8K or 4.0% compared 2008's year-to-date. The decrease from 2008 is due to General Retail Merchandise increase of $7K. Pavilion Center tax collections shows an decrease of $15K or 11.8% compared to the prior year. The decrease is mainly due to a decrease in Electronics & Appliances of $11 K. Hotel & Motels tax collections shows a decrease of $5K or 17.2% from the prior year. Federal Way Crossings tax collection is up by $IK or 2.9% compared to the prior year. SALES TAX COM PAR/SON by AREA Year-ta-date thru February Chg from 2009 Group 2008 2009 $ % Total Sale s Tax $2,407,790 $2,060,223 ($347,566) -14.44"A S348th Retail Block $270,560 $228,561 ($41,999) -15.52"A % chg from prey yr .0.5% .15.5% na na Percentage of total 11.2% 11.1% .0.1% .1.27% The Commons 275,859 225,544 ($50,3151 -18.24"A % chg from prey yr 4.1% .18.2% na na Percentage of total 115% 10.9% .05% .4.45% Major Auto Sales 58,721 29,211 ($29,5101 -50.25"A % chg from prey yr 1.0% .50.3% na na Percentage of total 2.4% 1.4% .1.0% .41.86% 5 312th to S 316th 189,226 181,625 ($7,601 ) -4.02"A % chg from prey yr 49.4% .4.0% na na Percentage of total 7.9% 8.8% 1.0% 12.18% Pavilion Center 127,424 112,359 ($15,065) -11.82"A % chg from prey yr 3.7% -11.8% na na Percentage of total 5.3% 5.5% 02% 305% Hotels & Motels 29,670 24,559 (5,111) -17.23OA % chg from prey yr 8.0% -17.2% na na Percentage of total 1.2% 1.2% 0.0% -326% FW Crossings 46,061 47,400 1,339 2.91OA % chg from prey yr 451% 2.91% na na Percentage of total 1.9% 2.3% 0.4% 20.27% Gambling Tax Gambling tax collection through February is $247K. In comparison to 2008 year-to-date collection, 2009's tax collection is less than $lK or less than 1% below the same period. Compared to 2009 YTD budget, gambling revenues are down $14K or 5.2%. GAMBLING TAX REVENUE Year- To-Date Through February 2008 2009 2009 Change from 2008 2009 Actual vs BudQet Month Actual Budget Actual $ Var % Var $ Var %Var Jan $ 104,699 153,918 117,855 $ 13,156 12.6% $ (36,063) -23,4% Feb 142,126 106,899 129,368 (12,758) -9.0% 22,469 21.0% Mar 8,543 80,549 - - - - Apr 213,395 178,490 - - - - May 24,498 79,980 - - - -.-- Jun 129,404 134,778 - - - - --.-- - - Jul 104,915 109,561 - - - - .- Aug 103,934 119,630 - - - ---- -- -- Sep 110,993 96,513 - - - - f---------.- f----..---_. .- Oct 181,155 136,827 - - - - Nov 91,959 109,297 - - - - Dec 44,162 89,558 - - - - YTD Total $ 246,824 $ 260,817 $247,223 $ 399 0.2% $ (13,594) -5.2% Annual lotal $1,259,783 $ 1,396,000 nfa nfa nfa nfa nfa Hotel/Motel Lodging Tax Hotel/Motel lodging tax collections through February total $25K. Compared to 2008, the lodging tax is $5K or 15.1 % below the same period. Compared to 2009 YTD Budget, lodging tax is $5K or 15.8% below budget. However, the Council recently approved a revised revenue budget of $187K. When the revenue budget is reduced to $187K, the variance comparison to the 2009 YTD budget is reduced to a negative $lK or 5.5%. HOTEUMOTEL LODGING TAX REVENUES Year-ta-date thru February 2008 2009 2009 Chanae from 2008 2009 Actual vs Budaet Month Actual Budget Actual $ Var % Var $ Var % Var Jan $ 14,985 $ 14,390 $ 11,565 $ (3,419) -22.8% $ (2,825) -19.6% Feb 14,907 15,743 13,822 (1,085) -7.3% (1,921) -12.2% Mar 11,171 12,816 - - - Apr 14,266 12,301 May 17,107 20,278 - Jun 13,684 15,135 - - Jul 16,160 15,524 - Aug 20,201 21,716 - - - Sep 29,471 20,662 - - - - Oct 12,150 24,945 - - - .. Nov 15,123 19,671 - - - - Dee 9,607 16,288 - - - - YTO Total $ 29,892 $ 30,134 $ 25,387 $ (4,505 -15.1% $ 14,7461 -15.8% Annual Total $ 188,833 $ 209.470 nla nla nla nla nla Utility Tax (Total 7.75%) Utility taxes received through February total $2.6M (includes Proposition 1 utility tax revenues), and is above 2008 year-to- date collections by $123K or 5.0%. Of the $123K increase, $65K is due to an increase in overall revenues for a major gas vendor and $30K is due to timing of receipts for a major cellular vendor. Compared to year-to-date budget, utilities tax revenues are below 2009 budget by $l13K or 4.2%. Compared to year-to-date 2008, Electricity is up $6K or 0.6%, Gas is up by $65K or 12.0%, Cable is down by $7K or 5.7%, and Cellular phone is up $59K or 12.1%, and Phone is up $llK or 5.2%. UTILlTYTAXES Year.to-date thru February 2008 2009 2009 Change from 2008 2009 Actual vs Budget Month Actual Budget Actual $ Var 1 %Var $Var %Var Jan $ 1,205,190 $ 1,320,568 $ 1,238,419 $ 33,229 1 2.8% $ (82,149) -6.2% Feb 1,263,500 1,384,461 1,353, 90,037 1 7.1% (30,924) -2.2% Mar 1,472,457 1,613,422 - i - Apr 1,267,412 1.388.747 , - - May 1,107,223 1,213,223 Jun 1,142,902 1,252,317 - - - Jul 994,888 1,090,133 , -I - Aug 970,773 1,063,710 -I - ( Sep 905,271 991,937 - - - - Oet 1,011,6621 1,108,513 -I Nav 1,015,331 1,112,533 -I - Dee 1,112,530 1,219,038 , , - - , YTDTotal $ 2,468,690 $ 2,705,029 $ 2,591,956 $ 123,266 I 5.0% $ (113.073) -4.2% Annual Total $13.469,137 $14,758,601 nla nla i nla nla nla UTILITY TAXES Yei/t.to-date thru February 2008 r 2009 Change from 2008 , Actual I Actual $ Var %Var Bectric $ 974,380 $ 980,051 $ 5,671 0.6% Gas 537,089 601,723 64,634 12.0'1< Solid Waste 132.912 123.395 (9.517) -7.2% --~- -- ,- Cable 122.063 115,109 (6,954) .5.7% Alone 208,0241 218.932 10,908 52% Celular 490,861 i 550234 59.373 12.1% Pager 461 95 49 106.0% SoMA ~ 3,478 (553) .13.7% --- -.. (716r--(1,062) 1------- --- Tax Rebate (346) 48.3% Annual Total $ 2,468,&90 $ 2,591,956 $ 123,26& 5.00/, Update on Proposition 1 The following table provides a comparison of utility tax revenue collections at the 6.00% rate and the revenue collections at 1.75% for on-going Proposition 1 funding. Year-to-date Prop 1 revenues of $585K is $28K or 5.0% above 2008 Prop I collections. Year-to-date Prop 1 tax collections is $611K is 18.3% of the annual budget of$3.2M. Utility Tax Revenue Conll)arison Actual Year 2008 Actual Year 2009 2009 '1$ 2008 at 6% 2009 v$2008 at 1.75% Month 6.00% 1.75% * Total 6.00% 1.75% * Total $ Ghange %Chg $ Chal'lge %Chg January __.._ ..!.. 933,050 $ 272,140 $ 1,205,190 $ 958,776 $ 279,643 $ 1,238.419 $ 25,726 2.8% $ 7,503 2.8% February_ 978,194 285,306 1,263,500 1,047,899 305,637 1,353,537 69,706 7.1% 20,331 7.1% -- March 1,139,967 332,490 1.472,457 - - . - - - - April 981,222 286,190 1,267,412 - - - - - - - May 857,205 250,018 1,107,223 - - - - - . - June 884,827 258,075 1,142,902 - - - - - . - July 770,236 224,652 994,888 - - - - - - August 751,566 219,207 970,773 - - - - - . - September 700,855 204,416 905,271 - - - - - - - October 783,222 228,440 1,011,662 - - - - - - - November 786,063 229,268 1,015,331 - - - - - - December 861,314 251,216 1,112,530 - - - - - - - YTD Total $ 1,911,244 $ 557,446 $ 2,468,690 $ 2,006,675 $ 585,280 $ 2,591,956 $ 95,432 5.0% $ 27,834 5.0% Annual Total $10,427,721 $ 3,041,418 $ 13,469,139 nla nla nla nla nla nla nla Annual BudQet $ 9,197,069 $ 2,585,500 $ 11,782,569 $ 11,558,200 $ 3,200,399 $ 14,758,599 nla nla nla nla Year-to-date prop 1 expenditures total $478K or 14.9% of the $3.2M budget. Life to date Prop 1 Utility tax Collections total $6.0M and life-to-date expenditures total $4.8M resulting in ending fund balance of $1.3M for Prop 1. 2007 2008 2009 PROP 1 Annual Annual Annual YTD LIFE TO Actual Actual Budget Annual DATE Beginning Balance: $ - $ 646,736 $ 511,451 $ 511,451 nla OPERATING REVENUES January $ - $ 272,140 $ 159,947 $ 279,643 $ 551,783 February - 285,306 167,686 305,637 590,944 March 228,439 332,490 329,680 - 560,929 J\pril 276,447 286,190 330,684 - 562,637 May 238,931 250,018 287,375 - 488,949 June 214,641 258,075 277,834 - 472,716 Julv 212,370 224,652 256,855 - 437,022 AUQust 206,496 219,207 250,202 - 425,703 September 224,461 204,416 252,068 - 428,877 October 222,126 228,440 264,815 - 450,566 November 227,349 229,268 268,372 - 456,617 December 352,592 251,216 354,882 - 603,808 Total Utilitv Tax for Prol> 1 2,403,852 3,041,418 3,200,3~ 585,280 6,030,551 OPERATING EXPENDITURES Public Safety Improvement Positions & Costs: Police Services (includes sworn postions, records clerk, and indirect Information Technology support costs) 1,300,020 1,700,255 2,484,509 375,289 3,375,564 Court Services (includes Judge, Court Clerk, Prosecutor, public defender contract, and indirect Information Technolo~lV support) 252,495 342,483 366,119 57,617 652,595 Total Public Safety Improvement positions & 1,552,515 2,042;738 2,850,628 432,906 4,028,159 Community Safety Program Costs: Code Enforcement Officer 58,799 87,845 93,155 15,315 161,958 Code Enforcement Civil Attorney 39,066 71,496 69,962 11,373 121,935 Park Maintenance 71,437 96,341 107,562 13,503 181,280 Frotal Community Safety Improvement Prograr 169,301 255,682 270,679 40,190 465,17~ Indirect Support - HR J\nalyst 35,300 42,~~ f-- 40,467 5,325 83,107 SafeCity M&O - - 38,625 - - Total Ongoing E;xpendltures 1,757,116 2,340,901 3,200,399 478.422 4,576,439 SafeCity Startup - 189,066 - - 189,066 Total prop 1 EXPenditures 1,757,116 2,529,968 3,200,399 478,422 4,765,505 TPtalE;lldinll .. $ 646,736 $ 511,451 $ ..~..$ 106,859 $1,~$5,(l4.$ State Shared Revenue Year-to-date distribution of$795K is below 2008's activity by $105K or 11.7%. The unfavorable variance is due to a decrease in Fuel Tax and Local Criminal Justice Sales tax. STATE SHARED REVENUES Year to date thru February Revenue Liquor Profits Tax .~!':!':'.'?r..._~.<::.i~.~..:r.:<l_><' ...mmm.__ Grim Just - Population fr!.r.r.!'.1.'.'.I_~lJ_~!._'::lil1.~.<?:i~__.. Local Crim Just Sales Tax Fuel Tax' DUI - Cities Annual Total 2008 Actual 2009 Actual Change from 2008 $ % $ $ - $ - .____..~~~:.~.~_~ f..____m_.~:.9~.~. . 22,193 821 --'-'3'i:~~~: 1._m_---(6:d~:;L- 282,601 (47,632) 3,919 (56) $ 795,068 $ (105,362) 4.0% .._..m.........._........._ 3.8% 1.1% -15.9% -14.4% -1.4% -11.7% 100,492 --............-...................... 21,372 48,322 .-.-.............-................. 396,036 330,232 3,975 $ 900,430 Permit Activity Year-to-date building permit activity is below 2008' s year-to-date activity by $80K or 31.0%. Compared to 2008 year-to-date budget estimates, permit activity is down $45K or 20.3%. There are $572K in permits that are ready to be picked up, of which $408K is from a single large permit is considered viable for Hampton Inn & Suites. The remaining variance is due to the slowing economy. Community Development's positive expenditure variance of $42K is mainly due to savings found in overall charges to services when compared to the 2008's spending patterns. BUILDING PERMITS & FEES Year-to-Date Through February 2008 2009 2009 Change from 2008 2009 Actual vs Budget Actual Budget Actual $ % $ % Jan 103,926 86.065 74.914 (29,012) -27.9% (11,151) -13.0% f'---- Feb 153.553 136,662 102,637 (50,915) -33.2% (34,024) -24.9% Mar 102,894 127.583 - - - - - Apr 157,200 181,369 - - - - - May 156,337 159,247 - - - - - Jun 129,521 151,297 - - - - - Jul 145,825 125,125 - - - - - Aug 149,118 154,724 - - - - - Sep 85,526 106,257 - - - - - Oct 101,058 134,082 - - - - - Nav 83,398 116,425 - - - - - Dee 112,856 115,163 - - - - - YTD Total 257,478 222,727 177,551 (79,927) -31.0% (45,176) -20.3% Annual Total 1,481,211 1,594,000 177 ,551 nla nla nla nla Right-of-way permits and development services permit fees are down by $38K or 47.9% when compared to 2008's year-to- date activity. Right-of-way permits issuance is slightly down; all other permits such as residential, commercial and plats are significantly down due to economic conditions in the market place. Owners are not proceeding with new plats since there is a surplus of new homes and new lots. This is the same for the commercial market, there is an excess of existing office space and also banks are more stringent on lending practices. Public Works Operations year-to-date expenditures total $606K and is $12K or 2% below above estimates mainly due to overage found in various line items. ROW PERMITS & DEVELOPMENT SERVICES FEES Year-to-Oate Through February 2008 2009 2009 Change from 2008 2009 Actual vs Budget Actual BudQet Actual $ % $ % Jan 46,426 38,497 21,536 (24,890) -53.6% (16,961) -44.1% Feb 33,886 47,238 20,293 (13,593) -40.1% (26,945) -57.0% Mar 27,416 31,749 - - - - - Apr 85,319 52,354 - - - - - May 30,690 39,869 - - - - - Jun 33,582 46,245 - - - - - Jul 25,388 41,552 - - - - - Aug 52.999 57.449 - - - - Sep 33,896 36,316 - - - - Oct 41,746 45,624 - - - - Nov 18,542 41,113 - - - - Dee 31,763 50.995 - - - - YTD Total 80,311 85,734 41,828 (38,483) -47.9% (43,906) -51.2% Annual Total 461,652 529,000 41,828 nla nla nla nla Police Department Expenditures through February total $3.2M and is $42K or 1.3% above the year-to-date budget of $3.lM. The unfavorable variance is due to overage noted in charges for services compared to 2008 spending patterns. Through February, City overtime is 8 1 % or $80K below last year. There is a 13% decrease in overtime for contracted services and traffic school. When the decrease from the billable overtime is included, the total overtime increased $82K or 45%. The decrease in overall overtime is primarily due to the decrease in field operation and training. Field operation decrease is due to a decrease in shift call-in and shift extension. Training's decrease is due to a majority of the training being in-house as oppose to out of state. PO Overtime by Type through February Type 2008 2009 $ % Training $ 12,188 $ 3,597 $ (8,591) .71% Court 7,448 7,230 (218) -3% Reid Oper 127,377 57,630 (69,746) -55% Other 17,891 16,539 (1,352) -8% Oty Fbrtion 164,903 84,996 (79,908) -81% Contract/Grant 11,198 10,124 (1,074) -10% Traffic School 7,397 6,068 (1,329) -18% Billable 18,595 16.192 (2,403) -13% Grand Total $ 183,498 $ 101,187 $ (82,311) -45% PDOvertime By Month 2008 2009 2009 Olange from 2008 2009 Actual vs Budget Actual Budget Actual $ % $ % Jan $ 119,252 $ 89,538 $ 53,050 $ (66,202) -56% $ (36.488) -40.8% Feb 64,247 48.238 48,138 (16,109) -25% (100) -0.2% Mar 100.016 75,095 - Apr 76.954 57,779 - -'---.. ~8[482 ~~--~--- May 64,933 Jun 65.703 49.332 Jul 92.307 69,307 Aug 95,766 71,904 Sep FiFM113 Oct 61.746 Nov 74,469 55,913 Dee 80,883 60.729 YTDTotal $ 183.498 $ 137,776 $ 101,187 $ (82,311) -45% $ (36,589) -26.6% Annual Total $1,029,032 $ 772,627 nla nla nla nla nla Jail Services Jail Services through February is $103K and is above the year-to-date budget estimate of $10K by $92K. The City currently uses City of Fife, City of Enumclaw, King County, and Yakima County for Jail Services. The negative variance is due to timing of payments in 2008 compared to 2009. January invoices for each of these vendors in 2008 were not received and paid for until April 2008 as oppose to received and paid for in February of 2009. The adjusted variance when the timing difference is taken into consideration would be positive variance of $52K or 34%. Court Municipal Court annual expenditures of $216K is $3K or 1.6% above estimates. The negative variance is due to minor increases in supplies when compared to 2008's spending patterns. Excluding probation through February revenue is down $4K or 1.8% compared to year-to-date 2008. When probation is included, the decrease is $12K or 4.6%. The decrease is mainly due to the decrease in Probation Services revenues, which decreased $7K from 2008 due to less referral to probation. Total filings year-to-date in February 2008 was 3,150 and in 2009 was 3,579; an increase of 429 or 13.6%. COURT REVEME Through February I 2008 2009 r 2009 Change from 2008 I 2009 Actual vs Budget Month i Actual Budge t I Actual $ Var %Var I $Var %Var January 1$ 116,641 $ 105,364 I $ 101,503 $ (15,139) -130%1 $ (3,862) -3.7% February i 120,754 110,665 I 131,674 $ 10,920 21,010 19,0% Mlrch , 113,512 114,511 I April i 105,654 107,622 I ! Mly I 144,650 120,433 I June I 105.540 113,434J - ,------ - ---- ---- J~~------..112i':B74- ~-+----~ 113,810 I - August I 119.814 116,495 ! I , - Septenter , 120.299 110,2581 -I , October , 112,056 125,983 ! -I Noven"ller 92,227 114,980 I -! Decen"ller , 140,968 114445 ! I , , Subtotal 1$ 237,395 $ 216,029 I $ 233,177 $ (4,218) .1.8% $ 17,148 7.9'!. A-obation Svcs I 15,536 21,3141 8,105 $ (7,431) . -47.8%1 (13,209) -620% YTDTotal 1$ 252,931 $ 237,343 I $ 241,282 $ (11,650)1 -4.6%1 $ 3,938 1.70/. Annual Total i 1,507,362 1,469,000 I nla nla nla nla nla , COlRT REV8IIJE Through February 2008 2009 Change from 2008 Actual Actual $Var %Var Ovil Pena~ies $ 3,324 $ 2,200 $ (1,124) -33,8% --------- Traffic & Non-Farking 170.792 166,946 (3,846) -2,3% -- Farking Infractions 16,314 18,920 2,606 16.0% DUI & Other Msd 12,060 9.770 (2.290) -19,0% Crininal Traffic Msd 490 57 (433) -88.4% Crininal Costs 14,592 12,860 (1,733) -11.9% Interest I Other I Msc 7,700 7,960 260 3.4% Crininal Conv Fees 3,739 3,101 (638) -17,1% Shared Court Costs 35 23 I (12) -35.1% Services & Charges 8,348 11,339 2,992 35,8% Subtotal $ 237,395 $233,177 $ (4,218) -1.8% Probation Services 15,536 8,105 (7,431) -47,8% Annual Total $ 252,931 $241,282 $ (11,650) -4.6% Traffic and non-parking fines total $ I 67K and is $4K or 2.3% below year-to-date 2008. Parking infractions total $ I 9K and is $3K or 16.0% above year-to-date 2008. DUI and other misdemeanors total $lOK and is $2K or 19.0% below year-to-date 2008. Criminal costs total $13K and is $2K or 11.9% below year-to-date 2008. Criminal Conviction Fees total $3K and is below year-to-date 2008 by less than $1K. Traffic Safety/Red Light Photo enforcement Traffic Safety fund has been added to Designated Fund Summaries to account for Red Light Photo Enforcement, which started on August 15th of 2008 for a 30-day warning period and actual citations started on September 15th. Federal Way has received $154K in Red Light Photo net revenues (includes payments to ATS for January 2009 year-to-date through February). Total ATS revenues received are for 2 months for 2009. Parks & Recreation Overall parks operations expenditures, including administration, park planning, parks maintenance and general recreation, through February total $446M and is $69K or 13.4% below the year-to-date budget of $514K. The expenditure savings is mainly due to savings found in charges for services when compared to 2008's spending patterns. General Recreation and Cultural Services Direct program expenditures total $57K or 7% of the total annual budget of $814K not including indirect costs. Including indirect administration costs, recreation expenditures total $89K and are 7.6% of the total annual budget of $1.18M. Recreation fees total $90K and are 15.2% of the total annual budget of $594K. Recreation fees have recovered 159.3% of direct program costs and is 86.3% above the annual budgeted recovery ratio of 73%. This is mainly due to timing of programs and payments to contracted instructors. Considering indirect administration costs, the recovery ratio is reduced to 101 % or 50.5% above the annual budgeted recovery ratio of 50.5%. General Recreation revenues of $90K is $34K above year-to-date budget of $56K. Compared to year-to-date 2008 of $73K, General Recreation showed an increased of $18K mainly due to increase in event registration and increase in dance classes registration compared to year-to-date 2008. The table below is a comparison of budgeted versus actual subsidy and recovery ratio by program. RECREATION, CULTURAL SERVICES, COMMUNITY CENTER AND DUMAS BAY CENTRE PERFORMANCE Year to Date Through February 2009 Bud et Actual Recovery Recovery Variance Program Revenue Expend Subsldv Ratio Revenue Expend Subsldv Ratio Subsidy GENERAL RECREATION Steel Lake Aquatics 2,000 20,360 18,360 9.8% - - - nla nla Arts & Special Events 93,000 199.946 106.946 46.5% 31,017 13,276 (17,741) 233.6% 124,687 Youth Athletics 42,450 100,134 57,684 42.4% 1,789 8,061 6,272 22.2% 51,412 Adult Athletics 203,875 139,593 (64,282) 146.1% 1,906 9,711 7,805 19.6% (72,088 Communtty Recreation 124,000 145.197 21.197 85.4% 37,890 9,127 (28,763) 415.2% 49,960 Recreation I nc 48,850 61,850 13,000 79.0% 11,062 4,685 (6,377) 236.1% 19,377 Youth Commission - 1,800 1,800 nla - - 0 nla 1,800 Red, White & Blue 21,500 41,550 20,050 51.7% - 366 366 nla 19,685 Senior Services 58,740 103,784 45,044 56.6% 6,741 11,519 4,779 58.5% 40.265 Subtotal $ 594,415 $ 814,213 $ 219,798 73.0% $ 90,405 $ 56,745 $ (33,660) 159.3% $ 253,458 Administration 362,158 362,158 nla - 32.744 32,744 nla 329,414 I TOTAL GENERAL RECREATION 1$ 594,415 I $ 1,176,371 I $ I TOTAL FW COMMUNITY CENTER 1$ 1,638,407 I $ 2,066,702 1 $ 581,956 1 428 295 1 50.5%1 $ 79 3%1 $ 90,405 I $ 221,179 I $ 89,489 I ($915)1 345852 I $ 124,674 1 101.0%1 640%1 $582,872 I $303,6221 DUMAS BAY CENTRE Dumas Bay Centre 589,132 589,132 (0)1 100.0% 73,270 82,981 9,711 88.3% (9,712 Knutzen Family Theatre 98,087 233,807 135,720 I 42.0% 17,712 39,971 22,259 44.3% 113,461 I TOTAL DUMAS BAY CENTRE Arts Commission GRAND TOTAL Knutzen Family Theatre revenue is below and expenditures are above budget while Dumas Bay Center revenues are below and expenditures are on budget. Dumas Bay Centre Dumas Bay Centre operating revenue of $73K is below by $13K or 15.5% compared to year-to-date budget of $87K. Operating expenditures through February total $83K, which is less than $lK or 0.5% below the year-to-date budget of $83K. Dumas Bay Centre has recovered 88.3% of its operating expenses. Ending fund balance for DBC is a negative $l77K, which includes negative fund balance from previous years. Knutzen Family Theatre Operating revenue of $18K is below year-to-date budget of $21 K by $3K or 16.0%. Operating expenditures through February total $40K, which is $7K or 23.0% above the year-to-date budget of $32K. Knutzen Theatre has recovered 44.3% of its operating expenses. KFT ending fund balance is a positive $152K, which includes deferred maintenance. Federal Way Community Center The Federal Way Community Center Fund was established as a special revenue fund supported by user fees and designated utility tax transfer. The facility opened early March 2007. 2008 2009 Variance Federal Way Annual Annual Annual YIU Community Center Budget Actual YTO Actual Budget Budget YTO Actual $ % Beginning Fund Balance $ 21,395 $ 21,395 $ 21,395 $ 111,483 $ 111,483 $ 984 nla n/a Revenues Dailv Drop-ins $ 541,907 $ 381,101 $ 85,409 $ 516,907 $ 115,844 $ 58,239 $ (57,605 -50% Passes 635,000 611,799 76,931 635,000 79,849 99,447 19,599 25% ~':!t Admissions 6,500 6,500 - - n/a Youth Athletic Proqrams 19,000 30,996 - 17,000 2,877 - nla Open Gym/Indoor Playground 1,000 - 1,000 nla Aauatics Proarams-Lessons/Classes 148,000 107,232 9.781 148,000 13,500 17,169 3,670 27% Childcare Fees 10,000 5,079 - 10,000 - 1.758 - n/a Fitness Trainina Fees 5,000 17 ,855 998 20,000 1,118 2.182 1,064 95% ... 1,011 n/a Towel/equipment Rentals 8,000 5,264 8,000 - Pool Rentals/Competitive-Lap Lanes 36,000 20,752 3,018 36,000 5,235 894 (4,341 -83% Rentals 213,000 178,052 27,590 203,000 31,455 30,803 (652 -2% Merchandise Sales 21,000 14,405 7,975 21,000 11.625 3,133 (8,493 -73% ConcessionsNendina 19,000 23,587 - 16,000 3,480 n/a Interest Earninas/Other Mise Revenues - 2.639 729 - - 186 - n/a Total Revenue 1,663,407 1,398,763 212,429 1,638,407 258,626 221,179 137,447 -14.5% Expenditures Personnel Costs 1,232,385 1,185,737 190,332 1,241,126 199,223 213,222 (13,999 -7.0% Supplies 133,254 171,973 10,352 159,250 9,586 19,084 (9,498 -99.1% Other Services & Charqes 171,591 115,055 6,324 164,232 9,027 12,179 (3,152 -34.9% Utility Cost 381,000 379,426 38,019 350,000 35,071 79,588 (44,517 -126.9% Interaovernmental 2,000 17,387 1,015 15,500 905 1,180 (275 -30.4% Capital 22,000 - - 13,000 - - 0.0% Internal Service Charges 119,531 119,421 19,924 123,594 20,620 20,599 21 0.1% Total Expenditures 2,061,761 1,988,998 265,967 2,066,702 274,433 345,852 (71,419 -26.0% Operating Rev Over / (Under Exp) 1398,354 (590,235\ 153,538\ (428,295\ 115,807 1124,674 /108,866 688.7% Other Sources Transfer in - FWCC Reserves - - 435,238 - - - Transfer In from Utax Fund 528,348 528,348 88,058 554,766 92,462 188,690 196,228 -18.2% Total Other Sources 528,348 528,348 88,058 990,004 92,462 188,690 96,228 104.1% Other Uses ~_Services/Charges 23,526 - - - n/a Interfund Loan Pavment - - - - 65,000 165,000 n/a Total Other Uses - 23,526 - - - 65,000 (65,000 n/a Net Income 129,994 185,413\ 34,520 561,709 76,655 1984 (77 638 -101.3% Ending Balance $ 151,388 $ (64,016\ $ 55,917 $ 673,192 $ 188,138 $ 0 $ 1188,137 -100.0% Temoorarv Interfund Loan . 65,000 - - - - n/a Ending Fund Balance $ 151,388 $ 984 $ 55,917 $ 673,192 $ 188,138 $ o ~ -100.0% The operating revenue budget includes $1.6M in user fees/program revenue and $990K contribution from utility tax. Through February, operating revenues total $221K and is $37K or 14.5% below YTD projections. The towel rental program started in December 2008, which generates minimum amount of revenue - the majority of the revenue reported for towel/equipment rental is for wall-climbing equipment rentals. Federal Wav Communitv Center (continued) Through February, operating expenditures total $346K and is $71K or 26.0% above YTD budget estimates. Federal Way Community Center has recovered 64% of operating expenditures compared to the annual budgeted recovery ratio of 79%. Utilities expenses are $42K higher when compared year-to-date 2008 due to timing difference in utility payments. In 2008; the Community Center paid for I month's of utility as oppose to 2009 where they had paid for 2 months. When the timing difference is taken into consideration, the variance is a negative $5K. City's contribution of $990K for the Community Center was scheduled to annually provide $555K for maintenance/operations and $435K for capital reserves. Through February 2008, $125K is needed to cover maintenance and operations and an additional $65K is needed to repay General Fund for an interfund loan at year-end in 2008. Through February, the Community Center IS using 34.0% of their contribution for maintenance/operations for on-going operations. The Federal Way Community Center currently has $500K in their capital construction budget. Planned capital expenditures include the following: building security/CCTV ($30K), improve sound system ($70K), community center outdoor furniture ($45K), outdoor playground/equipment ($30K), miscellaneous operating equipment ($33K), cafe construction ($112K), marketing plan ($50K), enhancements ($IIK), and unallocated construction ($119K). Other Departmental Variances City Council year-to-date expenditures total $127K is $4K above estimates mainly due to increase in fees for Puget Sound Air Agency compared to 2008. City Manager year-to-date expenditures of $268K is under year-to-date budget by $93K mainly due to under-spending of the one-time monies ($60K) for Public Defender compared to 2008's spending patterns. Economic Development year-to-date expenditures of $41K is below year-to-date by $12K mainly due to under-spending of one-time temporary help compared to 2008's spending patterns. Human Resources year-to-date expenditures of $103K is below year-to-date budget by $ I 5K mainly due to savings found in salaries/benefits due to one vacancy for a human resource analyst. Finance year-to-date expenditures of $155K is above year-to-date budget by less than $IK mainly due to minor increases in miscellaneous line items. Law year-to-date expenditures total $212K and is $9K below estimates mainly due to savings found in charges for services when compared to 2008's spending patterns. CASH & INVESTMENTS Overall investment interest year-to-date through February 2008 compared to year-to-date through February 2009 decreased by $108K. The unfavorable variance is due to the decrease in interest rates for the overall market. The interest rates have decreased from February 2008 to February 2009 from 3.63% to 1.30%. The following table shows the in-house investment activity schedule and their related yields and comparison to benchmark. Per policy, the basis used by the City to determine whether market yields are being achieved is the range between the average 6- month US Treasury Bill (0.45%) and the State Investment Pool (1.07%). The average portfolio yield is 1.30%, which is slightly above the two benchmarks. Investment Schedule Februarv 2009 Settlement Investment Maturity Yield to Tvoe Date Par Amount Cost Date Maturitv US T-BOND 912828LP/GP9 08/10/07 $1,000,000 1,012,723 4/30/2009 4.50% Subtotal In-House Investments $1,000,000 1,012,723 Averaae Maturitv 10 Averaae Yield to Maturitv 4.50% Averaae Yield - 6 mo. T-BiII 0.45% State Investment Pool 58,032,443 1 day 1.07% Averaqe Portfolio Maturitv & Yield 1 1.30% Total Investments 59,045,165 The total invested balance at the end of February is $59.05M, which includes $58.03M in the state investment pool, and $1.01M in-house investment purchases. The state pool is composed of Agency Call abIes (0.36%), Treasury Securities (8.59%), agency coupons (3.81%), interest bearing bank deposit (10.28%), agency floating rate notes (26.37%), agency variable rate notes (8.70%), discount notes (30.73%) and certificates of deposit (7.63%). The City's total investment portfolio is made up of98% State Pool, and 2% In-House Investments. SIP Average Invested Balance by Type February 2009 Interest Rates Comparison For the Month of February 2009 Treasury Securities-.J 8.59% Agency Variable Rate Notes 8.70% 6.0% 5.0% Agency Coupons 3.81% Discount Notes 30.73% 1.0% 11II6 Month T-Bill . State Investment Pool o In-house Investment . Portfolio Average 4.0% IB Benk Deposits 10.28% 3.0% 2.0% Cert~icates of Depos rt 7.63% 0.0% 2004 2005 2006 2007 2008 2009 ALL FUND SUMMARIES FundlFund Name -..- Net Income Balance en " II.o.UU.. Revenue In/(Out) ~ $ $ 6,660,189 $ $ $ I....._L.. . 108,773 9,112 99,661 Special Revenue 102 Arterial Street 482,407 86,638 30,108 56,530 538,938 103 Utility Tax (*) 6,340,188 2,601,248 2,449,124 152,124 6,492,312 106 Solid Waste & Recycling 173,319 82,823 54,996 27,827 201,146 107 Special ContractslStudies Fund - 272,788 501 - 501 273,289 109 Hotel/Motel Lodging Tax 194,145 25,720 26,032 (312) 193,832 110 2% for the Arts 293 - - - 293 111 Federal Way Community Center 984 409,869 410,852 (984) - 112 Traffic Safety Fund 135,819 154,118 - 154,118 289,937 119 CDBG (**) - - 14,938 (14,938) (14,938) 120 Path & Trails --,._-- ~ 1,540 - 1,540 ~ .... 3,362,457 .~ 376,406 Capital Project: 301 Downtown Redevelopment 6,615,425 12,156 174 11,982 6,627,407 302 Municipal Facilities 1,552,789 2,881 36,828 (33,947) 1,518,842 303 Parks 4,571,295 106,697 37,804 68,894 4,640,189 304 Surface Water Management 4,715,793 8,517 312,000 (303,483) 4,412,310 306 Transportation 13,512,680 562,650 442,676 119,975 ~ ~ 692,901 ~ 11 'U~ RAn\ Enterprise Funds 401 Surface Water Management 65,276 350,553 415,723 (65,170) 106 402 Dumas Bay 224,832 227,196 128,911 98,285 323,117 ~ 577,749 :211II: 33,115 Intemal Service Funds 501 Risk Management 5,354,870 141,607 391,577 (249,970) 5,104,900 502 Information Systems 2,970,248 380,720 378,562 2,158 2,972,406 503 Mail & Duplication 260,797 35,298 11,128 24,170 284,967 504 Fleet & Equipment 3,291,809 374,745 174,489 200,256 3,492,065 505 Buildings & Furnishings 1,170,286 92,002 72,462 19,541 ~ ~ 1,024,372 .~ (3,845) T~i&!. . $ $ 12,426,442 $..~ $ 279,768 $ *Utillty Tax endmg fund balance of $6,492,312 mcludes $1,265,045 reserved for Prop 1. **CDBG Negative ending balance is due to timing of grant reimbursements. COUNCIL MEETlNG DATE: M~rl'lll~,_'J??91\,?nl:l)200'1 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL (TEM #: 7.GL. 5.0. SlJ8JECf: Amendments to Federal Way City Code (FWCC) Chapter 22 "Zoning," regarding allowing temporary occupancy of a recreational vehicle at a residential property where the primary dwelling unit has been damaged and deemed unsafe to occupy. POLICY QUESTION: Should the City approve amendments to the FWCC Chapter 22 "Zoning. .. to allow tempormy occupancy of a recreational vehicle at a residential property where the primary dwelling unit has been damaged and deemed unsafe to occupy? COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: March 2, 2009 CATEGORY: o Consent (8'J Ordinance o City Council Business 0 Resolution STAFF REI'ORT By: Contract Senior Planner Jim Harris o Public Hearing o Other __..!>.J!:~.!:~~~~Q\~YI?e"el?P!nent Services Background: The proposed zoning code amendments pertaining to allowing temporary occupancy of a recreational vehicle was initiated by the City Manager at the request of a citizen. The amendments will allow temporaty occupancy of a recreational vehicle at a residential property where the primary dwelling unit is unsafe to occupy by reason of disaster or accident such as fire, wind, earthquake, or other similar circumstance. The proposed code amendments set out the process to request the temporary approval, identify the allowed duration and allowable location for the temporaty occupancy, and allow the Director to revoke the approval if the requirements of the code are not met. The Planning Commission conducted a public hearing on February 18,2009, and recommended that the City Council approve the proposed amendments as recommended by staff. Attachments: (I) Draft Adoption Ordinance with Exhibit A - Proposed Amendments as Recommended by the Planning Commission; (2) Staff Report to the Planning Commission for the February 18,2009, Public Hearing; and (3) Draft Minutes of the February 18, 2009, Planning Commission Public Hearing. Options Considered: (1) Adopt the Planning Commission's recommendation as shown in Exhibit A to the Draft Adoption ordinance; (2) Adopt the Planning Commission's recommendation as modified by the LUTC; (3) Do not adopt the amendments; or (4) Refer the amendments back to the Planning Commission for further proceedings. STAFF RECOMMENDATION: Staff recommends that the Council approve Option # I; adopt the Planning Commission's recommendation as shown in Exhibit A to the Draft ion Ordinance_ '_"'_...u__.._.._." ,_._~. ._.__....__.._._._____.~..__..._._.__...___ ...._. . ___.. _ ..._. ,... . . '.... .._.~.._...__.. CITY MANAGER Arl'ROV AL: ~ee DIRECTOR ArPROV AL: !:!Jf': Committee ~ Council COMMITTEE RECOMMENDATION: Forward Option ~ a opt the Planning Commission's recommendation as (/'l(XliftuUI1 tj(_.4-' ~ bhe Draft Adoption or?'nanc ~o fnll onncil on , 17, 2009, fo< fi", ,'"ding. L ~ .' ~cC~L-_- ;(J , Linda Kochmar, Chair , Dini Duclos, Member PROPOSED COUNCIL MOTION(S): 1 ST READING OF ORDINANCE (3/17/09}:.! move to forwar~ the ordinance to a second reading for ena~{mynt on the April . 7 2009 consenl agenda U;/-IVf tit/c. adddrh'1 cf ~citll/1 crl/lL ltUt~(.~. . V 1!' O-CkJwv.JI~dqu.. q. Q o{llo..r/h dli. Dr.t 'V) . (4qJA;;d-,'na R 1!.vUJiV 'nwh-l11 U-/&1,-:;JvYI-/r; OCC-VPI1/'YUJ tt-- ' l'1'1/X1 v-eJ.uctb, rWIt.f/c. (.i. pOn1.tLrl/) (YS,dc-I"ll'{' t" READ'lNG o~ ORDINANCE (417/09): "{ move ap~oval or t e "UTC's recommendation to appr~ve the cod'e / amendments, whIch are attached as Ex:. A-I to the AdoptIOn Ordmance_ . 15- rtS1'Llf'{:.1l. COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) (BELOW TO BE COMPLETED BY ClTYCLERKS OFFlCE) REVISED - 02106/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # K:\2009 Code Amendmcnts\Rv's in Residential Zones\LUTOLUTC agenda bill Agenda Bill_doc CITY OF FEDERAL WAY ORDINANCE NO. AN ORDINANCE OF mE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASIllNGTON, RELATING TO ALLOWING TEMPORARY OCCUPANCY OF A RECREATIONAL VEmCLE AT A RESIDENTIAL PROPERTY WHERE THE PRIMARY. DWELLING UNIT HAS BEEN DAMAGED BY A DISASTER OR ACCIDENT AND DEEMED UNSAFE TO OCCUPY; AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 22 "ZONING," ARTICLE I "IN GENERAL" SEcrION 22-1; ARTICLE xm "SUPPLEMENfARY DlSTRIcr REGULATIONS" SEcrIONS 22-1112, 22-1135, 22-1177, AND 22-1180. . WHEREAS, the City recognizes the need for temporary housing following a disaster or accident; and WHEREAS, Federal Way City Code (FWCC) Chapter 22 "Zoning," currently permits sleeping in a recreational vehicle in a residential zone for no more than 14 days in a 180-day period; and WHEREAS, the adoption of code amendments to allow temporary occupancy of a recreational vehicle at a residential property where the primary dwelling Wlit has been damaged l;Uld deemed unsafe to occupy by reason of disaster or accident such as fire, wind, earthquake, or other similar will respond to the needs of the citizens of the city and meets the intent of Chapter 36.70A RCW, Growth Management; and WHEREAS, the City of Federal Way finds that the proposed code amendments allowing the Director to grant such permission are consistent with the Federal Way Comprehensive Plan; and WHEREAS, the City Council finds that the proposed code amendments 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; and WHEREAS, the City's SEPA Responsible Official issued a Determination of Nonsignificance (DNS) on the proposed code amendments on January 31,2009, and no comments or appeals were received and the DNS was finalized on March 2, 2009; and WHEREAS, amendments to the Federal Way City Code (FWCC) text are authorized by FWCC Section 22-216 pursuant to Process VI review; and WHEREAS, the City of Federal Way, through its staff, Planning Commission, CitY Council Committee, and full City Council has received, discussed, and considered the testimony, written comments, and material from the public as follows: . 1. The Planning Commission conducted a duly noticed public hearing on these code amendments on February 18, 2009, and forwarded a recommeridation of approval to the Land Useffransportation Committee; and Ord No. 09 - ,Page I 2. The Land Useffransportation Committee of the Federal Way City Council considered these code amendments on March 2, 2009, following which it recommended adoption of the text amendments as reconunended by the Planning Commission to the City Council; and Now, TIlEREFORE, TIlE CITY COUNCIL OF TIlE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section I. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed code amendments. A. The amendments will address current code deficiencies and serve the public interest. by establishing provisions for temporary housing following a disaster or accident. B. The standards for temporary occupancy of a recreational vehicle win ensure compatibility with the surrounding neighborhood. C. These code amendments comply with Chapter 36.70A RCW, Growth Management. D. These code amendments are consistent with the intent and purpose of FWCC Chapter 22 "Zoning," and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. E. 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. F. These code amendments are in the best interests of the residents of the City of Federal Way. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section I, the Federa\ 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 amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUPI Use residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses. LUP6 Conduct regular reviews of development regulations to detennine how to improve upon the permit review process. LUP II Support the continuation of a strong residential community. LUG3.1 Provide wide range of housing densities and types in the single-family designated areas. Ord No. 09 - . Page 2 LUG4 Provide a wide range of housing types and densities commensurate with the community's needs and preferences. HP4 Maintain a strong code enforcement program to protect residential areas from illegal land use activities. 2. The proposed FWCC text amendments bear substantial relationship to the public health, safety, and welfare because it provides for temporary housing following a disaster or accident. And 3_ Approval of the proposed code amendments benefits the City as a whole as it provides the opportlmity for temporary housing following a hardship such as a natural disaster or accidental fire and the standards for location and duration of the allowed temporary recreational vehicle dwelling ensures compatibility with the surrounding neighborhood. Section 3. Amendment. FWCC Chapter 22 "Zoning,'" Article I "In General" Section 22-1; and Article XIII, "Supplementary District Regulation'" Sections 22-1112, 22-1135, 22-1177, and 22-1180 are amended as set forth in the attached Exhibit A. 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 theetTective 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 ,2009. } APPROVED: Mayor, Jack Dovey A TIEST: City Clerk:, Carol McNeilly Ord No. 09 - , Page 3 ~ APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED Win{ THE CITY CLERK: PASSED BY TIlE CITY COUNCIL: PUBUSHED: EFFECIlVE DATE: ORDINANCE No: 1<:\2009 Code Arnendmcnts\Rv's in Residential Zones\UJTC\Adoption Ordinance.doc Ord No. 09 - , Page 4 .Federal Way City Code (FWCC) Chapter 22 "Zoning" Article I "In General" Add New Defmition from RCW 46.70.011 22-1 Definitions <<Recreational vehicle" means a travel trailer. motor home. truck camoer. or camp in!!: trailer that is primarily designed and used as temoorarv Iivimz quarters. is either self-propelled or mounted on or drawn by another vehicle. is transient, is not occuoied as a primary residence. and is not immobilized or permanently affIXed to a mobile home lot. Article XIII "Supplementary District Regulations" Division 8. Outdoor Activities and Storage 22-1112 Residential uses. Outdoor uses, storage and activities normally associated with a residential use are pennitted, unless otherwise regulated or prohibited by this chapter. All motor vehicle and nonmotorized vehicle parking and storage for residential uses containing either detached or attached dwellings shall be in a garage, carport or on an approved impervious surface. except for recreational vehicles to be used as a temporary dwelling on a single-familv residential lot where the primary dwelling unit is unsafe to occupv bv reason of disaster or accident such as fire. wind. earthquake. or other similar circumstance. Nonmotorized vehicles may include but are not limited to travel and camp trailers, utility trailers, truck campers, and boat or vehicle transport trailers. Any garage, carport OT impervious swface used for motor vehicle or noomotorized vehicle parking or storage shall have direct driveway access. This section does not apply to residential lots containing a detached dwelling unit where the total lot size is 20,000 square feet or more. However, junked, wrecked, dismantled, or inoperable motor vehicles must be stored in a completely enclosed building regardless of the size or zoning designation of the lot (Or<i No. 90-43, ~ 2{t 15.105(2)), 2-27-90; Or<i No. 99-341, ~ 3, 5-4-99) Division 9. Yard Requirements 22-1135 Driveways and parking areas. Vehicles may not be parked in required yards except as follows: (1) Detached dwelling units. The regulations of this section apply to driveways and parking areas for detached dwelling units. 8. Generally. Vehicles may not be parked in a required side yard. but may be parked in the required front and rear yards only if parked on 8 driveway and/or parking pad. eHept 8S speeified iB sooseetieR (1)(0) efthis seetieR. A driveway and/or parking pad, in a required front yard, may not ex.ceed 20 feet in width ex.cept as specified in subsection (I)(b) of this section and may not be closer than five Temporary Recreational Vehicle Occupancy Code Amendments Page I of3 feet to any side property line. Recreational vehicles to be used as a temporary dwelling on a residential lot where the primary dwelling unit is Wlsafe to occuPY by reason of disaster or accident such as fire. wind. earthquake. or other similar circumstance are not required to be parked on a driveway and/or parking pad. b. Exception. A driveway and/or parking pad in a required front yard may exceed 20 feet in width if: 1. It serves a three-car garage; 2. The subject property is at least 60 feet in -width; and 3. The garage is located no more than 40 feet from the front property line. In addition, a driveway may flare at the front property line to a maximum width of 30 feet. (2) Attached and stacked dwelling Wlits in residential zones. The regulation of this subsection apply to driveways and parking areas for stacked and townhouse (attached) dwelling units in residential zones. a. Parking areas may not be located in required yards. b. Driveways must be set back at least five feet from each property line, except the portion of any driveway which crosses a required yard to connect with an adjacent street. (3) Other uses. Parking areas and driveways for uses other than those specified in subsections (I)(a) and (2) of this section may be located within required setback yards. (4) Shared parking. If parking serves two adjacent uses, the parking area may be anywhere in the required yard between those uses. (5) Zero lot line townhouse dwelling units and lots in small lot detached development. Parking areas and driveways for these uses may utilize shared parking and park in required yards as specified in FWCC 22-664, Zero lot line townhouse and townhouse (attached) dwelling units; FWCC 22-665, Small lot detached dwelling units; and FWCC 22-632, Zero lot line townhouse and townhouse (attached) dwelling Wlits. (Oed. No. 90-43, ~ 2(115.115(5)), 2-21-90; Oed. No. 01~554, ~ 5(Exh. A(9)), 5-15-07) - Division II. Commercial Vebicles, Recreational Vehicles, and Boats 22-1176 Parking and storage of commercial vehicles in residential zones limited. Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows: (1) A maximum of one commercial vehicle based on standard pick-up, light duty trucks, or passenger vehicles, that does not exceed a maximum of 10,000 poWlds gross vehicle weight rating (GVWR as defined in RCW 46.25.0 I 0) may be parked on any residentially zoned lot; (2) A maximum of one commercial vehicle regardless of GYWR. may be parked or stored on any lot in a single-family residential zone (RS 35.0) or a suburban estates zone (SE); (3) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48 hours for the exclusive purpose ofloading or unloading the vehicle; (4) Commercial vehicles may be parked on any lot in a residential zone for construction purposes pursuant to a valid development pennit; (5) A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length may be parked on any lot ifused for private construction purposes and when it is not visible from a right- of-way or access easement and not parked in the driveway; (6) Parking or storage as allowed by 22-1178. Except for commercial vehicles used for loading and unloading purposes and commercial vehicles for construction purposes with a valid development permit, no more than one commercial vehicle is allowed per lot. (Ord. No. 04-457, fi 3,2-3-04) 22-1177 Parking and storage of recreational vehicles and boats in residential zones Umited. Parking or storage of any recreational vehicle or boat more than nine feet in height and more than 22 feet in length is prohibited in residentially zoned lots except as allowed by FWCC 22-1178 or 22-1180( a). (Oed. No. 04-457, fi 3, 2-3-04) Temporary Recreational Vehicle Occupancy Code Amendments Page 2 on I I. ) 22-1178 Exceptions. The city may, using process m, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (1) The. parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 9043, ~. 2(115.145(2)), 2-27-90; Ord. No. 00-375, ~ 25,2000; Ont. No. 04-457, ~ 3,2-3-04. Formerly 22-1177.) 22-1179 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, ~ 2(115.145(2)), 2-27-90; Ord. No. 04-457, ~ 3,2-3-04. Formerly 22-1178.) 22-1180 Limitation on use. It is a violation of this chapter to sleep in. or use for any other residential purpose, a vehicle, recreational vehicle. or boat parked in a residential zone for more than 14 days in any 180-day period, except as allowed by FWCC 22-118O(a). (a) Based on a written reQuest. the director may oermit a recreational vehicle of any size to be used as a temoorarv dwellinJ! on a sinJ!le-family residential lot where the orimary dwellinJ! unit is unsafe to OCCUpy by reason of disaster or accident such as fire. wind earthquake. or other similar circumstance. provided: (l) The recreational vehicle may be occupied for a maximum of 12 months from the date the primary dwelling was damae:ed. One 12-month extension may be granted by the director based on demonstration of continuiOlZ hardshio, (2) Occupancy of the recreational vehicle shall cease within 30 dayS of issuance of a certificate of occupancy for reconstruction of the Primary dwelling unit at the orooertv. (3) The recreational vehicle may be located within the required front yard setback but may not obstruct sight distance at driveways and intersections. The recreational vehicle may not be in required side or rear yards setbacks. (4) Generators shall not be utilized. (5) The director's approval is revocable if the requirements of this section are not met. (b) The director shall provide a CODY of the approval letter to the awlicant property owner (if different from the applicant). and all adioinine: Drooertv owners. (Otd. No. 90-43, ~ 2(115.145(3)), 2-27-90; Ord. No. 04-457, ~ 3,2-3-04. Formerly 22-1179.) ) 22-1181-22-1195 Reserved. K:\2009 Code Amcndments\Rv"s in Residential Zones\LUTC\Planning Commission Exhibit A with Code Rcorg OIangcs.doc Temporary Recreational Vehicle Occupancy Code Amendments Page 3 of] CITY OF FEDERAL WAY ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF TIlE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO ALLOWING TEMPORARY OCCUPANCY OF A RECREATIONAL VEIDCLE AT A RESIDENTIAL PROPERTY WHERE THE PRIMARY DWELLING UNIT HAS BEEN DAMAGED BY A DISASTER OR ACCIDENT AND DEEMED UNSAFE TO OCCUPY; AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 22 "ZONING," ARTICLE I "IN GENERAL" SECTION 22-1; ARTICLE XIII "SUPPLEMENTARY DISTRICT REGULATIONS" SECTIONS 22-1112,22-1135,22-1177, AND 22-1180. WHEREAS, the City recognizes the need for temporary housing following a disaster or accident; and WHEREAS, Federal Way City Code (FWCC) Chapter 22 "Zoning," currently permits sleeping in a recreational vehicle in a residential zone for no more than 14 days in a l80-day period; and WHEREAS, the adoption of code amendments to allow temporary occupancy of a recreational vehicle at a residential property where the primary dwelling unit has been damaged and deemed unsafe to occupy by reason of disaster or accident such as fire, wind, earthquake, or other similar will respond to the needs of the citizens of the city and meets the intent of Chapter 36.70A RCW, Growth Management; and WHEREAS, the City of Federal Way finds that the proposed code amendments allowing the Director to grant such permission are consistent with the Federal Way Comprehensive Plan; and WHEREAS, the City Council finds that the proposed code amendments 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 publiy; and WHEREAS, the City's SEPA Responsible Official issued a Determination of Nonsignificance (DNS) on the proposed code amendments on January 31, 2009, and no comments or appeals were received and the DNS was finalized on March 2, 2009; and WHEREAS, amendments to the Federal Way City Code (FWCC) text are authorized by FWCC Section 22-216 pursuant to Process VI review; and . WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council Committee, and full City Council has received, discussed, and considered the testimony, written comments, and material from the public as follows: 1. The Planning Commission conducted a duly noticed public hearing on these code amendments on February 18, 2009, and forwarded a recommendation of approval to the Land Useffransportation Committee; and Ordinance No. Page _ of_ 2. The Land Userrransportation Committee of the Federal Way City Council considered the Planning Commission recommendation on March 2, 2009, following which it forwarded the Planning Commission's recommendation to the City Council with a revision to require the applicant to also document that they are making good- faith efforts to complete construction; and Now, THEREFORE, THE CITY COUNClL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAlN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed code amendments. A. The amendments will address current code deficiencies and serve the public interest by establishing provisions for temporary housing following a disaster or accident. B. The standards for temporary occupancy of a recreational vehicle will ensure compatibility with the surrounding neighborhood. C. These code amendments comply with Chapter 36.70A RCW, Growth Management. D. These code amendments are consistent with the intent and purpose of FWCC Chapter 22 "Zoning," and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. E. 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. ) F. These code amendments are in the best interests ofthe residents of the City of Federal Way. 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: l. The proposed FWCC text amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUP 1 Use residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses. LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. J;..UP 11 Support the continuation of a strong residential community. LUG3.1 Provide wide range of housing densities and types in the single-family designated areas. LUG4 Provide a wide range of housing types and densities- commensurate with the community's needs and preferences. Ordinance No. Page _ of _ 2. The Land Useffransportation Committee of the Federal Way City Council considered the Planning Commission recommendation on March 2, 2009, following which it forwarded the Planning Commission's recommendation to the City Council with a revision to require the applicant to also document that they are making good faith efforts to complete construction; and Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section I. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed code amendments. A; The amendments will address current code deficiencies and serve the public interest by establishing provisions for temporary housing following a disaster or accident. B. The standards for temporary occupancy of a recreational vehicle will ensure compatibility with the surrounding neighborhood. C. These code amendments comply with Chapter 36.70A RCW, Growth Management. D. These code amendments are consistent with the intent and purpose of FWCC Chapter 22 "Zoning," and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. E. 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. F. These code amendments are in the best interests of the residents of the City of Federal Way. 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 amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUP I Use residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses. LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. LUP II Support the continuation of a strong residential community. LUG3.1 Provide wide range of housing densities and types in the single-family designated areas. LUG4 Provide a wide range of housing types and densities commensurate with the community's needs and preferences. Ordinance No. Page _ of _ HP4 Maintain a strong code enforcement program to protect residential areas from illegal land use activities. 2. The proposed FWCC text amendments bear substantial relationship to the public health, safety, and welfare because it provides for temporary housing following a disaster or accident. And 3. Approval of the proposed code amendments benefits the City as a whole as it provides the opportunity for temporary housing following a hardship such as a natural disaster or accidental fire and the standards for location and duration of the allowed temporary recreational vehicle dwelling ensures compatibility with the surrounding neighborhood. Section 3. Amendment. FWCC Chapter 22 "Zoning," Article I "In General" Section 22-1; and Article XIII, "Supplementary District Regulation" Sections 22-1112, 22-1135, 22-1177, and 22-1180 are amended as set forth in the attached Exhibit A-I. 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. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. 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 ,2009. APPROVED: Mayor, Jack Dovey A TrEST: City Clerk, Carol McNeilly Ordinance No. Page_of_ APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE ClTY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: K:\2009 Code Amendments\Rv's in Residential Zones\City Council\Adoption Ordinance.doc Ordinance No. Page _ of_ EXHIBIT A-I Federal Way City Code (FWCC) Chapter 22 "Zoning" Article I "In General" Add New Definition from RCW 46.70.011 22-1 Definitions "Recreational vehicle" means a travel trailer. motor home. truck camper. or campinJ:!: trailer that is primarily designed and used as temporary living quarters. is either self-propelled or mounted on or drawn by another vehicle. is transient. is not occupied as a primary residence. and is not immobilized or permanently affixed to a mobile home lot. Article XIII "Supplementary District Regulations" Division 8. Outdoor Activities and Storage ) 22-1112 Residential uses. Outdoor uses, storage and activities normally associated with a residential use are permitted, unless otherwise regulated or prohibited by this chapter. All motor vehicle and nonmotorized vehicle parking and storage for residential uses containing either detached or attached dwellings shall be in a garage, carport or on an approved impervious surface. except for recreational vehicles to be used as a temporary dwelling on a single-family residential lot where the primarY dwelling unit is unsafe to occuPy by reason of disaster or accident such as fire. wind. earthquake. or other similar circumstance. Nonmotorized vehicles may include but are not limited to travel and camp trailers, utility trailers, truck campers, and boat or vehicle transport trailers. Any garage, carport or impervious surface used for motor vehicle or nonmotorized vehicle parking or storage shall have direct driveway access. This section does not apply to residential lots containing a detached dwelling unit where the total lot size is 20,000 square feet or more. However, junked, wrecked, dismantled, or inoperable motor vehicles must be stored in a completely enclosed building regardless of the size or zoning designation of the lot. (Ord. No. 90-43, 9 2(1l5.105(2)), 2-27-90; Ord. No. 99-341, 9 3, 5-4-99) Division 9. Yard Requirements 22-1135 Driveways and parking areas. Vehicles may not be parked in required yards except as follows: (1) Detached dwelling units. The regulations of this section apply to driveways and parking areas for detached dwelling units. a. Generally. Vehicles may not be parked in a required side yard. but may be parked in the required front and rear yards only if parked on a driveway and/or parking pad, ex.oept as speoified in Temporary Recreational Vehicle Occupancy Code Amendments Page 1 of3 subsection (1)(b) of this section. A driveway and/or parking pad, in a required front yard, may not exceed 20 feet in width except as specified in subsection (l )(b) of this section and may not be closer than five feet to any side property line. Recreational vehicles to be used as a temporary dwelling on a residential lot where the primary dwelling unit is unsafe to occupy by reason of disaster or accident such as fire, wind, earthquake, or other similar circumstance are not required to be parked on a driveway and/or parking pad. b. Exception. A driveway and/or parking pad in a required front yard may exceed 20 feet in width if: I. It serves a three-car garage; 2. The subject property is at least 60 f~t in width; and 3. The garage is located no more than 40 feet from the front property line. In addition, a driveway may flare at the front property line to a maximum width of 30 feet. (2) Attached and stacked dwelling units in residential zones. The regulation of this subsection apply to driveways and parking areas for stacked and townhouse (attached) dwelling units in residential zones. a. Parking areas may not be located in required yards. b. Driveways must be set back at least five feet from each property line, except the portion of any driveway which crosses a required yard to connect with an adjacent street. (3) Other uses. Parking areas and driveways for uses other than those specified in subsections (1)(a) and (2) of this section may be located within required setback yards. (4) Shared parking. [f parking serves two adjacent uses, the parking area may be anywhere in the required yard between those uses. (5) Zero lot line townhouse dwelling units and lots in small lot detached development. Parking areas and driveways for these uses may utilize shared parking and park in required yards as specified in FWCC 22-664, Zero lot line townhousean~ townhouse (attached) dwelling units; FWCC 22-665, Small lot detached dwelling units; and FWCC 22-632, Zero lot line townhouse and townhouse (attached) dwelling units. (Ord. No. 90-43, 9 2(l 15.1 15(5)), 2-27-90; Ord. No. 07-554, 9 5(Exh. A(9)), 5-15-07) Division 11. Commercial Vehicles, Recreational Vehicles, and Boats 22-1176 Parking and storage of commercial vehicles in residential zones limited. Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows: (1) A maximum of one commercial vehicle based on standard pick-up, light duty tlucks, or passenger vehicles, that does not exceed a maximum of 10,000 pounds gross vehicle weight rating (GVWR as defmed in RCW 46.25.010) may be parked on any residentially zoned lot; (2) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on any lot in a single-family residential zone (RS 35.0) or a suburban estates zone (SE); (3) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48 hours for the exclusive purpose ofloading or unloading the vehicle; (4) Commercial vehicles may be parked on any lot in a residential zone for construction purp<,>ses pursuant to a valid development permit; (5) A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length may be parked on any lot if used for private construction purposes and when it is not visible from a right- of-way or access easement and not parked in the driveway; (6) Parking or storage as allowed by 22-1178. Except for commercial vehicles used for loading and. unloading purposes and commercial vehicles for construction purposes with a valid development permit, no more than one commercial vehicle is allowed per lot. (Ord. No. 04-457, 9 3, 2-3-04) Temporary Recreational Vehicle Occupancy Code Amendments Page 2 of 3 22-1177 Parking and storage of recreational vehicles and boats in residential zones limited. Parking or storage of any recreational vehicle or boat more than nine feet in height and more than 22 feet in length is prohibited in residentially zoned lots except as allowed by FWCC 22-1178 or 22-1 180(a). (Ord. No. 04-457, S 3, 2-3-04) 22-1178 Exceptions. The city may, using process nI, approve a request to park or store a vehicle or boat of any size on a lot in a residential zone if: (I) The parking or storage of the vehicle or boat will not be detrimental to the character of the neighborhood; (2) The property abutting the subject property will not be impacted by the parking or storage; (3) The placement of the vehicle or boat will not create a potential fire hazard; and (4) The parking or storage is clearly accessory to a residential use on the subject property and the vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, ~. 2(115.145(2)), 2-27-90; Ord. No. 00-375, S 25, 2000; Ord. No. 04-457, S 3, 2-3-04. Formerly 12-1177.) 22-1179 Additional requirements. The city may impose screening requirements, limit the hours of operation and impose other restrictions to eliminate adverse impacts of the parking or stor~ge. (Ord. No. 90-43, S 2(115.145(2)), 2-27-90; Ord. No. 04-457, S 3,2-3-04. Formerly 22-1178.) 22-1180 Limitation on use. It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle, recreational vehicle, or boat parked in a residential zone for more than 14 days in any 180-day period, except as allowed by FWCC 22-1180(a). (a) Based on a written request. the director may permit a recreational vehicle of any size to be used as a temporary dwelling on a single-family residential lot where the primary dwelling unit is unsafe to occupy by reason of disaster or accident such as fire. wind. earthquake. or other similar circumstance. provided: (l) The recreational vehicle may be occupied for a maximum of 12 months from the date the primary dwelling was damaged. One 12-month extension may be granted by the director based on demonstration of continuing hardship and documented i!ood faith efforts to comolete construction. . (2) Occupancy of the recreational vehicle shall cease within 30 dayS of issuance of a certificate of occupancy for reconstruction of the primary dwelling unit at the property. (3) The recreational vehicle may be located within the required front yard setback but may not obstruct sight distance at driveways and intersections. The recreational vehicle may not be in reQuired side or rear yards setbacks. (4) Generators shall not be utilized. (5) The director's approval is revocable if the requirements of this section are not met. (b) The director shall provide a copy of the approval letter to the applicant. property owner (if different from the applicant). and all adioining property owners. (Ord. No. 90-43, ~ 2(1l5.145(3)), 2-27-90; Ord. No. 04-457, ~ 3,2-3-04. Formerly 22-1179.) 22-1181- 22-119S Reserved. K:\2009 Code Amendments\Rv's in Residential Zones\City Council\Exhibit A -I.doc Temporary Recreational Vehicle Occupancy Code Amendments Page 3 of3 COUNCIL MEETlNG DATE: Harsk l7, lQQ9 ~~n\]12DQ~ ClTY OF FEDERAL WAY ClTY COUNClL AGENDA BlLL lTEM#:~5.e. SUBJECT: Amendments to Federal Way City Code (FWCC) Chapter 22 "Zoning," regarding construction hours for development activities and heavy equipment operations. POLlCY QUESTION: Should the City approve amendments to the FWCC Chapter 22 "Zoning. .. allowing the Director of Community Development Services to grant revocable permission to engage in construction activities during the nighttime and/or early morning hours on weekends and holidays? COMMIITEE: land Use/Transportation Committee (lUTC) CATEGORY: o Consent (8J Ordinance o City Council Business 0 Resolution STAFF RErORT By: Contract Senior Planner Lori Michaelson MEETING DATE: March 2, 2009 o o Public Hearing Other . _ _.____~_ _u__,...._..____._..___.~___._.___...._.___~.___.____.______._ .. ..-..-.-.-.-.--~_~~~_<:;~I!1.fll~[1i~y().e~~l()p~~l1~.~e!:.\'ic;~~ _..... Background: The construction hours' code amendment is part of the 2608 Planning Conunission Work Program. This amendment addresses the inability und<::r current code for the Director of Community Development Services to grant permission for development activities and heavy equipment operation to take place during the nighttime/early morning hours of weekends and holidays. The Planriing Commission held a public hearing on October IS, 2008, and forwarded a recommendation of approval to the November J, 2008, lUTC meeting, at which time the lUTC remanded the proposed amendments back to the Planning Commission for further deliberation. Subsequently, staff made further amendments, including establishing a review process and decision criteria whereby the director could grant an exception to hours not permitted outright; providing criteria for the director to revoke an exception that has been granted; and establishing various responsibilities for applicants. The Planning Commission conducted a public hearing on February 18,2009, on these amendmentS and recommended that the City Council approve the proposed amendments as recommended by staff with one word substitution. The Planning Commission's recommendation is attached as Exhibit A to the adoption ordinance. Attachments: (l) Draft Adoption Ordinance with Exhibit A - Proposed Amendments as Recommended by the Planning pOrnnUssion; (2) Staff Report to the Planning Conunission for the February 18,2009, Public Hearing; and (J) Draft Minutes ~ofthe February 18, 2009, Planning Commission Public Hearing. Options Considered: (l) Adopt the Planning Commission's recommendation as shown in Exhibit A to dle Draft Adoption ordinance; (2) Adopt the Planning Commission's recommendation as modified by the lUTC; (3) Do not adopt the amendments; or (4) Refer the amendments back to the Planning Conunission for further proceedings -.-- ..--.. --'-'.'-'---'~'-_._"'-_._--------'___n.__~__."__'_'d ..__ STAFF RECOiVIMENOA TlON: Staff recommends that the Council approve Option # I; adopt the Planning Commission's recommendation as shown in Exhibit A to the Draft A 10 ordinance. COMMllTEE RECOMMENDATION: Forward Option # ; Exhibit A to the Draft Adoption Ordinance to full ncil / / ~- DlRECTOR ArrROv AL: ~ ~ Committee Council dopt the Planning Commission's recommendation as shown In 17, 2009, for first reading. / j /J I ~v' j~'~ errell, Member ' Dini Duclos, Member CITY MANAGER ArrROVAL: PROPOSED COUNClL MOTlON(S): 1 ST READING OF ORDINANCE (3/17/09): I move to forward the ordinance to a second reading for enactment on the April 7. 2009. consent agenda. 2ND READING OF ORDINANCE (4/07/09): "I move approval of the LUTC's recommendation to approve the code amendments. which are attached as Exhibit A to the Adoption Ordinance. .. COUNClL AcnON: o ArrROVED DENIED T A8LEDIDEFERREDINO ACTION o MOVED TO SECOND READlNG (ordinances only) (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL 8lLL # t ST reading Enactment reading ORDINANCE # RESOLUTION # K:\2008 Code Amendmenls\Construclion Hours\lUTC\OJ0209 Meeling\Agenda BilLdoc CITY OF FEDERAL WAY ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE X([I, "SUPPLEMENTARY OlSTRICT REGULATIONS," SECTION 22- 1006 RELATED TO DEVELOPMENT ACTIVITIES AND REA VY EQUIPMENT OPERATIONS (AMENDING ORDINANCE NOS. 90-43 AND 99-341). WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22, Article xm, "Supplementary District Regulations," in order to allow the Director of Community Development Services 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; and WHEREAS, the City of Federal Way finds that the proposed code amendments allowing the Director to grant such permission are consistent with the Federal Way Comprehensive Plan; and WHEREAS, the City Council finds that the proposed code amendments are consistent with the intent and purpose of FWCC Chapter 22, "Zoning," to provide for and promote the ilealth, safety, and welfare of the general public; and WHEREAS, the City's SEPA Responsible Official issued a Determination of Nonsignificance on the proposed code amendments on September l 7, 2008; and WHEREAS, the amendments comply with the required Process VI review, pursuant to FWCC Section ) 22-216; and WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council Committee, and full City Council has received, discussed, and considered the testimony, written comments, and material from the public as follows: I. The City's Planning Commission conducted a duly noticed public hearing on the proposed amendments on October 15, 2008, and forwarded no recommendation to the Land Use/ Transportation Committee; 2. The Land Userrransportation Committee of the Federal Way City Council considered the proposed amendments on November 3, 2008, at which time the LUTC remanded the proposed amendments back to the Planning Commission for further deliberation; 3. . The City's Planning Commission conducted a duly noticed public hearing on the proposed amendments on February 18,2009, and forwarded a recommendation to approve the amendments to the Land Userrransportation Committee; Ord No. 09 - ,Page I 4. The Land Userrransportation Committee of the Federal Way City Council considered the proposed amendments on March 2, 2009, and forwarded a recommendation of approval to the City Council. Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS fOLLOWS: Section L Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed amendments will protect and 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 I, 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: A. The proposed amendments are consistent with the Federal Way Comprehensive Plan (FWCP): Goals PUG-l - 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; 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, and the City shall develop and adopt policies for the construction, reconstruction, maintenance, and preservation of new and existing facilities; and Policy LUP-6 ~ Conduct regular review of development regulations to determine how to improve upon the permit review process B. The proposed 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 Direc~or to revoke permission to work if the conditions of approval are not met. C. The proposed amendments are in the best interest of the residents of the City as the amendment will shorten overall constructions times and provide additional hours of "off-peak" construction that will not adversely affect traffic patterns throughout the City. Section 3. Amendment. FWCC Chapter 22 "Zoning," Article XIII, "Supplementary District Regulations," is amended as set forth in the attached Exhibit A. 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 v.alidity of its application to any other persons or circumstances. Ord No. 09 - , Page 2 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 ,2009. ApPROVED: Mayor, Jack Dovey A TrEST: City Clerk, Carol McNeilly APPROVED AS TO FORM: ) City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: K:\2008 Code Amendments\Constructioo Hours\UffC\OJ0209 Meeting\Adoption Ordinance.doc Ord No. 09 - , Page 3 EXHIBIT A Propos.ed Text Amendments Federal Way City Code, Chapter 22, "Zoning," Article X[[[, "Supplementary," Division 3, "Development Activities and Heavy Equipment Operations" Section 22-1006. Limitations. Re1!ulation of work hours. (a) General. Work hours permitted. Development activities and heavy equipment operations are permitted between the hours 0[7:00 a.m. and 8:00 p.m. Monday through Friday, and between 9:00 a.m. and 8:00 O.m. Saturday, and are not permitted on Sundays or holidays observed by the city, unless othelWise allowed under subsection (b) of this section. It is a '.iolation of this chapter to engage in any development activity or to operate any heavy eql:lipment between the hours of8:00 pm. and 7:00 a.m. weekdays, and 8:00 p.m. Friday through 9:00a.m. Saturday. No de';elopment activity or use ofhoa,,)' 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 other than permitted in subsection (a) of this section, in accordance with the following: between the hours of8:00 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 ia the zone in which it is located. (Ord. No. 90-43,92(115.25),2-27-90; Ocd. No. 99-341, ~ J, 5-4-99) (I) Any exception must be requested by advance written request to the director. including a description of the specific exceptiones) requested; proposed temporary construction mitigation measures for any related impacts such as traffic, noise, and glare; and an analysis of how the request meets the following criteria: a. The work will not result in substantial adverse impacts to surrounding properties. b. The exception is necessary to avoid undue delay of project completion and/or long-term inconvenience or disruption to the public. (c) Notice. Unless waived, modified, or exempted by the director under subsections (d) or (e), applicants granted an exception under subsection (b) shall mail written notice, at least seven (7) calendar days in advance of the approved work, to owners and occupants of property located within 300 feet of . project boundaries; and post one or more notice boards on the proiect site, as determined by the director. Such notice shall include the approved construction hours, general description of construction activities, summary of mitigation measures accepted by the director, and two 24-hour project contacts forthe duration of the project. (d) Waiver of notice. The director may waive or modify the requirements of subsection (c), based on project location. scope, scale, or alternative comparable notification methods, and/or other reasonable considerations. (e) Emergencv exemption. Projects deemed by the director to be necessary to ensure the immediate safety, health. or welfare of the community, or individuals of the community. or to restore property to a safe condition following a natural or manmade disaster or other emergency. are exempt from the provisions of this section. (f)Revocations. The director may revoke or modify any exception aporoved under this section based on verified complaints that the development activity or heavy equipment operation does not meet the terms of the approved exception, or if the activity creates some unanticipated and verifiable adverse effect. K:\2008 Code Amendments\ConstruClion Hours\LUTC\OJ0209 Meeting\Ex A Final to LUTC.doc CITY OF FEDERAL WAY ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASIDNGTON, AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE XIII, "SUPPLEMENTARY DISTRICT REGULATIONS," SECTION 22- 1006 RELATED TO DEVELOPMENT ACTIVITIES AND REA VY EQUIPMENT OPERATIONS (AMENDING ORDINANCE NOS. 90-43 AND 99-341). WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22, Article XIII, "Supplementary District Regulations," in order to allow the Director of Community Development Services 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; and WHEREAS, the City of Federal Way finds that the proposed code amendments allowing the Director to grant such permission are consistent with the Federal Way Comprehensive Plan; and WHEREAS, the City Council finds that the proposed code amendments 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; and WHEREAS, the City's SEPA Responsible Official issued a Determination of Nonsignificance on the proposed code amendments on September 17,2008; and WHEREAS, the amendments comply with the required Process VI review, pursuant to FWCC Section 22-216; and WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council Committee, 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 the proposed amendments on October 15, 2008, and forwarded no recommendation to the Land Use/ Transportation Committee; 2. The Land Useffransportation Committee of the Federal Way City Council considered the proposed amendments on November 3, 2008, at which time the LUTC remanded the proposed amendments back.to the Planning Commission for further deliberation; 3. The City's Planning Commission conducted a duly noticed public hearing on the proposed amendments on February 18, 2009, and forwarded a recommendation to approve the amendments to the Land Useffransportation Committee; \. ) Ordinance No. Page _ of_ 4. The Land Userrransportation Committee of the Federal Way City Council considered .the proposed amendments on March 2, 2009, and forwarded a recommendation of approval to the City Council. Now, THEREFORE, THE ClTY COUNClL OF THE ClTY OF FEDERAL WAY DOES HEREBY ORDAlN AS FOLLOWS: Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way finds that the proposed amendments will protect and 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 I, 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: A. The proposed amendments are consistent with the Federal Way Comprehensive Plan (FWCP): Goals PUG-l - 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; 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, and the City shall develop and adopt policies for the construction, reconstruction, maintenance, and preservation of new and existing facilities; and Policy LUP-6 - Conduct regular review of development regulations to determine how to improve upon the permit review process. B. The proposed 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 the conditions of approval are not met. e. The proposed amendments are in the best interest of the residents of the City as the amendment will shorten overall constructions times and provide additional hours of "off-peak" construction that will not adversely affect traffic patterns throughout the City. Section 3. Amendment. FWCC Chapter 22 "Zoning," Article XIII, "Supplementary District Regulations," is amended as set forth in the attached Exhibit A. 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. Ordinance No. Page _ of_ Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. 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 ,2009. APPROVED: Mayor, Jack Dovey A TrEST: ) City Clerk, Carol McNeilly APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: . PUBUSHED: EFFECTIVE DATE: ORDINANCE No: K:\2008 Code Amendments\Construction Hours\LUTC\OJ0209 Meeting\Adoption Ordinance.doc Ordinance No. Page_ of_ EXHIBIT A Federal Way City Code (FWCC) . Chapter 22 "Zoning" Article XIII, "Supplementary" Division 3. Development Activities and Heavy Equipment 22-1006. Limitations. Ret!:ulation of work hours. (a) Genera/. Work hours permitted. Development activities and heavy eQuipment operations are permitted between the hours of 7:00 a.m. and 8:00 p.m. Monday through Friday, and between 9:00 a.m. and 8:00 p.m. Saturday. and are not oermitted on Sundays or holidays observed by the city. unless otherwise allowed under subsection (b) of this section. It is a violation of this ehapter to engage in any development aotivity or to operate any heavy equipmea:t between the hours of 8:00 pm. and 7:00 a.m. ',,'eek:::Ys, :d 8:00 p.m. Friday through 9:00 a.m. Saturday. No development aotiYity or use of heavy equipm nt m ocour after &:00 p.m. Satureay, or at any time on Sundays or holidays obsen'ed by the oity. (b) Exceptio~. The director of community development may grant revocable, written permissionto engage in a development activity or to operate heavy equipment other than permitted in subsection (a) of this section, in accordance with the following: betv:een the hours of8:00 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 &:00 p.m. on Sundays or holidays observed by the aity if this V/ill not interfere with any residential use permitted in the zone in whioh it is looated. (Ord. No. 90-43, S 2(115.25), 2-27-90; Ord. No. 99-341, S 3,5-4-99) (l) Any exception must be requested by advance written request to the director. including a description of the specific exceptiones) requested: prooosed temporary construction mitigation measures for any related impacts such as traffic. noise. and glare: and an analysis of how the request meets the following criteria: a. The work will not result in substantial adverse impacts to surrounding properties. b. The exception is necessary to avoid undue delay of project completion and/or long-term inconvenience or disruption to the public. (c) Notice. Unless waived, modified, or exempted by the director under subsections (d) or (e). applicants granted an exception under subsection (b) shall mail written notice, at least seven (7) calendar days in advance of the approved work. to owners and occupants of property located within 300 feet of project boundaries: and post one or more notice boards on the proiect site. as determined by the director. Such notice shall include the approved construction hours, general description of construction activities, summary of mitigation measures accepted by the director, and two 24-hour project contacts for the duration of the project. (d) Waiver of notice. The director may waive or modify the requirements of subsection (c). based on proiect location. scope. scale, or alternative comoarable notification methods. and/or other reasonable considerations. (e) Emergencv exemption. Proiects deemed by the director to be necessary to ensure the immediate safety. health. or welfare of the community. or individuals of the community, or to restore property to a safe condition following a natural or manmade disaster or other emergency. are exempt from the provisions of this section. Revocations. The director ma revoke or modif an exce tion a roved under this section based on verified complaints that the development activity or heavy equipment operation does not meet the terms of the approved exception, or if the activity creates some unanticipated and verifiable adverse effect. K:\CLERK.\Agenda Bills\2009\03-11-2009 Regular Meeting\Ex A Construction Hours.doc _~.~~~.<::~.~._~~~!II'~5?__~_~!_~:_~!~!~~_I_~~~~~__.A_~l.J-)....2it1\--_..._..__...__...._-_. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM#:.i. C ~ 6. r - --'_..._.._-_._~._~_._--~--_.~,_.__.._------_._-_.__.___. T. SUBJECT: PU8LlC DEFENSE STANDARDS ORDINANCE POLlCY QUESTlON: Should the Council adopt a Public Defense Standards Ordinance and accept the $20,000 grant from the Washington State Office of Public Defense? COMMITTEE: Finance, Economic Development, and Regional Affairs MEETlNG DATE: February 24,2009 CATEGORY: D Consent D City Council Business [8] Ordinance D Resolution D D Public Hearing Other ~!~.!~ REpOR!~~:_~~.<.?~t....Pingel, ICMA FeI~~~_________~EPT: City Manager's Offi~~__________ Attachments: l. Staff memo to City Manager Neal Beets 2. Draft Public Defense Standards Ordinance Options Considered: I. Adopt the Public Defense Standards Ordinance and accept the $20,000 grant from the Washington State Office of Public Defense. 2. Do not adopt the Public Defense Standards Ordinance and reject the $20,000 grant from the Washington State Office of Public Defense. 3. Direct staff to revise the Public Defense Standards Ordinance. STAFF RECOMMENDATlON: Staff ------.-------.-.-..----.--.-.--.----------------.---------.--.---.------------.-..-----------------------.--..---..--.--.--.-.-----.-.------- CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: COMMITTEE RECOMMENDATlON: Forward staff recommendation for Option to the March 17, 2009 City Council Agenda for first reading. JJL CUsP J Committee Chair ~ Committee Member ~O~ .~ Committee Member PROPOSED COUNCIL MOTlON: HI move approval of the ordinance adopting public defense standards in the City of Federal Way. and accepting the $20,000 grant from the Washington State Office of Public Defense. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDfDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED -02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # ~ CITY OF" _? Federal Way DATE: 2/512009 TO: Neal Beets, City Manager FROM: Scott Pingel, lCMA Fellow SUBJECT: Public Defense Standards Ordinance The City of Federal Way was recently awarded a $20,000 grant from the Washington State Office of Public Defense to help improve public defense services. One of the requirements for accepting grant funds is to adopt standards for the delivery of public defense services. City staff plan to use the grant funds to help support public defender compensation and to defray the expense of having the public defender present at arraigrunent calendars. The Public Defense Standards Ordinance as drafted is based on State statutory requirements, State Bar gUidelines, and existing practice. It ensures that indigent criminal defendants receive high quality, professional legal representation. It requires that public defenders have the appropriate training, skills and experience necessary to provide public defense services, and that , they keep up on their skills through continuing legal education courses. They must satisfy aU requirements for practicing law in the State of Washington as determined by the Washington Supreme Court, and in a manner consistent with the Rules of Professional Conduct. ) This ordinance also requires that public defenders be reasonably compensated for the services they provide, which is normally accomplished through the contract negotiation process. The ordinance requires that anticipated case loads in any contract for public defense services provide the necessary number of attorneys, time and effort to provide effective representation. The ordinance requires a case reporting and management information system be maintained, which includes the number of cases, any hours billed, costs or expenses. The City will be required to determine that an attorney or firm can meet these accepted standards before awarding any new contracts for public defense services. This ordinance does not have any negative fiscal impacts on the City; in fact, it only has positive impacts on the City. By adopting the ordinance, the City can accept the $20,000 grant from the Office of Public Defense. While it is not guaranteed ongoing money, the City is eligible for and will continue to apply for these grant funds year after year. It is important to note that the City already meets and exceeds these standards. By adopting the ordinance we are simply committing ourselves to them. Our current public defender contract and conflict attorney contracts are more stringent than the ordinance. Both the current Contract Public Defender and the City Prosecutor have had a chance to review and comment on the proposed ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING STANDARDS FOR PUBLIC DEFENSE, ADDING A NEW CHAPTER TO THE FEDERAL WAY REVISED CODE. WHEREAS, RCW 10.101.030 requires the City of Federal Way ("City") to adopt standards for the delivery of public defense services; and WHEREAS, the City desires to adopt public defense service standards which reflect the needs of the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. A new chapter is added to Title 2, of the Federal Way Revised Code to read as follows: 2.38.020 Standards for Public Defense To ensure that indigent criminal defendants receive high quality Legal representation through a public defense system that efficiently and effectively protects the constitutional requirement of effective assistance of counseL. the City adopts the standards in this chapter for the delivery of public defense services. 2.38.030 Definitions. "Public defender" means an attorney providing indigent public defense services. "Public defense" means legal representation of indigent defendants in criminal cases. 2.38.040 Professional practices and qualifications. Public defenders shall have the requisite training, skill, and experience necessary to provide public defense services; shall be appropriately accredited and licensed by all applicable agencies and governmental entities; shall satisfy the minimum requirements for practicing law in Washington as detennined by the Washington Supreme Court; should be familiar with the law and practice relevant to their practice area; should be familiar with the consequences of a conviction; and should follow these standards. Legal interns working for a public defender must meet the requirements set out by the State Bar Association and be properly supervised by a public defender. Public defense services shall be provided to all clients in a professionaL. skilled manner in a manner consistent with the accepted professional practices for other similar services within the Pu~et Sound region and consistent with the Rules of Professional Conduct, case law. Ordinance No.09- Page 10f5 and applicable court rules defining the duties of counsel and the rights of defendants in criminal cases. Public defenders shall maintain appropriate malpractice insurance policies. A public defender's primary and most fundamental responsibility is to promote and protect the best interests of the client. 2.38.050 Compensation. Public defender compensation shall normally be established through the negotiation of contracts for public defense services. The total compensation package shall be at a reasonable level given the customary compensation within the community for similar services rendered by other publicly paid attorneys to a public client. The total compensation package should take into consideration the public defender's training and experience. the nature and extent of services requested. as well as the time and labor required of the attorney undertaking the services. The total compensation package should take into consideration the following costs and expenditures where they are related to public defense: possible appeal costs: post-conviction costs: reasonable expert witnesses necessary to preparation and presentation of a case; reasonable investigator expenses necessary to preparation and presentation of a case: administrative costs; support services; possible extraordinary costs; and other reasonable. customary. and actual expenses that are incurred in performing non-routine public defense services. Attorneys who have a conflict of interest should not have to compensate any substituted attorney out of their own funds. 2.38.060 Caseload. Case loads anticipated in a contract for public defender services should allow each client the time and effort necessary to ensure effective representation. Anticipated caseloads should take into account both the number and tyPes of cases anticipated. charging practices. plea bargaining practices. and case handling practices including diversions and other administrative procedures in use or expected to be used. Public defenders should not accept more cases than can be reasonably managed. Private attorneys who provide public defense services as a portion of their practice should dedicate a sufficient amount of time to their public defense caseload based on the percentage of a full-time caseload which the public defense cases represent. 2.38.070 Reports of attorney activity. Public defenders should maintain a case reporting and management information system which includes number of cases and any hours billed. costs. or expenses. This information should be provided regularly to the City and should be available to the Office of the Administrator of the Courts. Any such system shall be maintained independently from client files so as not to disclose confidential information. 2.38.080 Supervision and traininl!. Public defenders should attend training approved by the office of public defense at least once per calendar year, including a minimum of seven hours of continuing legal education annually in areas relating to their public defense practice. Every public defender should have the opportunity to attend courses that foster trial advocacy skills and to review professional publications and tapes. The performance of public defenders should be monitored and evaluated based upon compliance with these standards. Supervision and evaluation efforts should include relevant information and contacts. Ordinance No.09- Page 20f5 2.38.090 Disposition of client complaints. . Each agency, firm, or individual attorney providing public defense services shall have a method to respond promptly to client complaints. Complaints should first be directed to the attorney, firm, or agency which provided representation. The complaining client should be informed as to the disposition of his or her complaint within one week if an investigation is concluded. If additional attention to an issue is required a complaint may be made to an official body with jurisdiction over the matter or to the City's contract administrator to evaluate the legitimacy of the complaint and to follow up on any meritorious ones. 2.38.100 Substitution of attorneys or assifnment of contracts. A public defender should not sub-contract with another firm or attorney to provide representation without ensuring that any attorney providing public defender services comply with these standards. A firm or office providing public defense services should provide the names and experience levels of those attorneys who will actually be providing the services to the City. The employment agreement should address the procedures for continuing representation of clients upon the conclusion of the agreement. Alternate or conflict counsel should be available for substitution in conflict situations at no cost to the counsel declaring the conflict. Public defenders should maintain a written policy explaining how a conflict of interest is defined, and identify conflicts as Quickly as possible. 2.38.110 Public Defense Contracts. (1) The City should award new contracts for public defense services only after determining that the attorney or firm chosen can meet accepted standards. Under no circumstances should a contract be awarded on the basis of cost alone. At least one attorney in a finn bidding for a public defense contract should have at least one year of trial experience. Attorneys or firms bidding for contracts must demonstrate their ability to meet these standards. The City Attorney should not select the attorneys who will provide public defense services. (2) Neither the City, in its selection of an attorney, firm, or agency to provide public defense representation, nor the attorneys selected, in their hiring practices or in their representation of clients, shall discriminate on the grounds of race, color, religion, national origin, age, marital status, gender, sexual orientation or disability. Both the City and the public defender shall comply with all federaL state, and local non-discrimination requirements. (3) Contracts for public defense services shall include grounds for termination of the contract by the parties. Termination of a provider's contract should only be for good cause. Good cause includes the failure of an attorney to render adequate representation to clients; the willful disregard of the rights and best interests of a client; and the willful disregard of these standards. SECTION 2. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Ordinance No.09- Page 30f5 Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 3_ Corrections. The City Clerk and the codifiers of this ordinance are authoriz~ to make necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. SECTION 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this ) i day of , 2009. CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, CMC Ordinance No. 09- Page 4015 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.:, Ordinance No.09- Page 50f5 COUNCIL MEETING DATE: M:an~11 17,1009 1\ '\ 1 Wro. . t\~r\._.+..m.~l CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL .1!~l\1#:7.d. .f6j. SU8JECT: Amendments to Federal Way City Code (FWCC) Chapter 20 "Subdivisions" and Chapter 22 "Zoning," regarding Clearing, Grading, and Tree and Vegetation Retention, and related amendments. POLICY QUESTION: Should the City approve amendments to the FWCC Chapter 20 "Subdivisions" and Chapter 22 "Zoning, .. regarding Clearing, Grading. and Tree and Vegetation Retention. and related amendments? COMMITTEE: Land Use/Transportation Committee (LUTC) CATEGORY: MEETING DATE: Febmary 23,2009 o Consent o City Council Business ~ Ordinance o Resolution o o Public Hearing Other STAFF REPORT By: Janet Shull, AICP, Senior Planner Attachments: (I) Febmary 17, 2009, Staff Memorandum; (2) Draft Adoption Ordinance establishing intent to take over regulation of Class IV-General Forest Practices applications; (3) Copy of Planning Commission staff reports for the September 19,2007, November 7,2007 and January 16. 2008. Study Sessions; and November 5, 2008, November 19,2008, January 7, 2009, January 21, 2009, and February 4,2009, Public Hearings (the staff reports are located in a binder in the City Council offices); (4) Minutes of the Planning Commission September 19, 2007, November 7, 2007, and January 16, 2008, Study Sessions; and November 5, 2008. November 19, 2008, January 7, 2009, and January 21, 2009, Public Hearings (minutes are located in a binder in the City Council offices); and (5) Draft Minutes of the February 4, 2009, Planning Commission Public Hearing Options Considered: (I) Adopt the Planning Commission's recommendation as shown in Exhibit A to the Draft Adoption Ordinance; (2) Adopt the Planning Commission's recommendation as modified by the LUTC; or (2) Do not adopt the amendments. DErT: Community Development STAFF RECOMMENDATION: Approval of Option I; adopt the Planning Commission's recommendation as shown in Exhibit A to the Draft Adoption Ordinance. DIRECTOR Apl'ROV AL: ~ Committee ~ COllllC i I CITY MANAGER ApPROVAL: COMMITTEE RECOMMENDATION: Forward Option #..2)adopt the Planning Commission's recommendation as rrwdi'fiedllL Ex. A"I to 'ho alOft Adoptioo Otdioan", to (7 ~ Om' ,,"'mg. Dini Duclos, Member PROPOSED COUNCIL MOTlON(S): , 1 ST READING OF ORDlNANCE (March 17, 2009): 'move to forward the ordinance to a second reading for enactment on the April 7, 2009, consent agenda) tlS mMih'c.J. by "/-he- ULTG (n AH-ad1mut:t 11 fo ft'll.j n.9 e/Yl/itc 13; II . 2ND READING OF ORDINANCE (April 7, 2009): '" move approval of the LUTC's recommendation to approve the code amendments, which are attached as Ek.A-1 to the Adoption Ordinance. .. COllNCIL ACTION; o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL BILL # 1 sl reading Enactmenl reading ORDINANCE # RESOLUTION # K\2008 Code AmClldmcnts\Trccs, Vegetarion. & Grading\LUTC\Agend.l Bill _ Ordinance,doc ~ CITY OF'" -"- !::iiI' Federal Way CITY COUNCIL MEMORANDUM SUBJECT: March 26, 2009 Jack Dovey, Mayor Members of the Federal Way City Council Cary Roe, Assistant City Manager (Y1M'L Greg Fewins, CDS Director.,:t: Janet Shull, AICP, Senior Plannd~ Correction to Exhibit A to the Ordinance adopting Clearing, Grading, and Tree and Vegetation Retention Code Amendment DATE: TO: VIA: FROM: MEETING DATE: April 7, 2009 Subsequent to the March 17 City Council First Reading of the above-referenced Ordinance, it was brought to staff's attention that there was a scrivener's error on page 52 of Exhibit A. The error was that certain text on page 52 of Exhibit A was not shown with an underline designation. The underline designation was inadvertently removed sometime after the proposed code amendments were submitted to the Planning Commission and prior to being submitted to the City Council. The corrected page 52 is attached as Exhibit A to this Memorandum. The City Council is being asked to accept the corrected page 52 and move to adopt the Clearing, Grading and Tree and Vegetation Retention Code Amendment via the following motion: "1 move approval of the L UTC 's recommendation to approve the Clearing, Grading and Tree and Vegetation code amendments, which are attached as Exhibit A to the Adoption Ordinance, with corrected page 52 as shown in Exhibit A attached to this Memorandum. " City Council Memorandum Clearing, Grading, and Tree and Vegetation Retention Code Amendments Meeting Date: April 7, 2009 Page I Page 52 as it appears in Exhibit A of Draft Ordinance g. Encroachment into the no disturbance Mea may be allowed '.vhere the director determines encroachment would not be detrimental to the health ofthe tree. (Ord. No. 93 170, ~ 1, 1 20 93; Ord. No. 07 559, ~ 3(Exh. LA..), 7 3 07) 22-1569 Performance and maintenance standards. (a) Performance. (1) All required landscaping shall be installed prior to the issuance of a certificate of occupancy (CO) or final inspection~. unless the applicant submits a performance assurance as noted in 22-1569(a)(2). (2) Performance assurance. If the required landscaping pursuant to an approved site plan will not be installed prior to the issuance of certificate of occupancy, a performance bond or assignment of funds in a form acceptable to the city attorney must be provided to the city to not less than 125% of a contractor's bid. The bond or assignment of funds must be approved by the city and will commit to install the landscape plantings within six months. The bond must be submitted on forms supplied by the city. The bid bond amount must include labor and materials. (2) When landscaping is required pursuant to this chapter, an inspection shall be performed to verify that the installation has been installed pursuant to the standards of this chapter. (3) Upon completion of the landscaping work, the community development department shall inspect the landscape upon request for compliance with the approved landscape plan. (4) A CO or final inspection may be issued prior to completion of required landscaping provided the following criteria are met: a. An applicant or property owner files a written request with the department of community development prior to five days of a CO inspection; b. The request contains an explanation as to why factors beyond the applicant's control, or which would create a significant hardship, prevent the installation of the required landscaping prior to issuance of the CO; c. The property owner has demonstrated a good faith effort to complete all required landscaping. (5) The time period extension for completion of the landscaping shall not exceed 90 days after issuance of a certificate of occupancy to install required landscaping. (6) Failure to complete landscape installation by an established 90-day extension date shall constitute a zoning violation. If a performance bond has been used, the city shall use the bond to complete the required landscaping. If the amount of the bond or cash deposit is less than the cost incurred by the city, the applicant/property owner shall be liable to the city for the difference. If the amount of the bond or assignment of funds exceeds the cost incurred by the city, the remainder shall be released. (b) Maintenance. The purpose of this section is to establish minimum maintenance standards for landscaping. (1) Plant maintenance. Maintenance of planted areas shall include continuous operations of removal of weeds before flowering; mowing; trimming; edging; cultivation; reseeding; plant replacement; appropriate fertilization; spraying; control of pests, insects, and rodents by nontoxic methods whenever possible; watering; or other operations necessary to assure normal plant growth. In particular, maintenance shall promote landscape performance criteria of this chapter. Plant materials that have died shall be replaced at the beginning of the next appropriate planting season and planting areas shall be kept reasonablv free of noxious weeds and trash. (2) Irrigation maintenance. All portions of any irrigation system shall be continuously maintained in a condition such that the intent of an irrigation design is fulfilled. Uncontrolled emission of water from any pipe, valve, head, emitter, or other irrigation device shall be considered evidence of nonmaintenance. (3) Other maintenance. Maintenance of all landscaped areas shall also include operations as needed of painting, repairing, reconstruction, and rehabilitation of landscape structures such as walls, fences, overheads, trellises, and the removal of trash. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 52 of65 Page 52 with corrections. Note - corrected sections are indicated by bold text. g. Encroachment into the no disturbance area may be allo'lIed 'Nhere the director determines encroachment would not be detrimental to the health of the tree. (Ord. No. 93 170, ~ 4, -1 20 93; Ord. No. 07 559, ~ 3(Exh. A), 7 3 07) 22-1569 Performance and maintenance standards. (a) Performance. (1) All required landscaping shall be installed prior to the issuance of a certificate of occupancy (CO) or final inspection':". unless the applicant submits a performance assurance as noted in 22-1 569(a)(2). (2) Performance assurance. If the required landscapine pursuant to an approved site plan will not be installed prior to the issuance of certificate of occupancv. a performance bond or assienment of funds in a form acceptable to the city attorney must be provided to the city to not less than 125% of a contractor's bid. The bond or assienment of funds must be approved bv the city and will commit to install the landscape plan tines within six months. The bond must be submitted on forms supplied bv the city. The bid bond amount must include labor and materials. (~ ~ When landscaping is required pursuant to this chapter, an inspection shall be performed to verify that the installation has been installed pursuant to the standards of this chapter. (~ ~ Upon completion of the landscaping work, the community development department shall inspect the landscape upon request for compliance with the approved landscape plan. (4-~ A CO or final inspection may be issued prior to completion of required landscaping provided the following criteria are met: a. An applicant or property owner files a written request with the department of community development prior to five days of a CO inspection; b. The request contains an explanation as to why factors beyond the applicant's control, or which would create a significant hardship, prevent the installation of the required landscaping prior to issuance of the CO; c. The property owner has demonstrated a good faith effort to complete all required landscaping. (6-2) The time period extension for completion of the landscaping shall not exceed 90 days after issuance of a certificate of occupancy to install required landscaping. ((i....1) Failure to complete landscape installation by an established 90-day extension date shall constitute a zoning violation. If a performance bond has been used. the city shall use the bond to complete the required landscapine. If the amount of the bond or cash deposit is less than the cost incurred bv the city. the applicant/property owner shall be liable to the city for the difference. If the amount of the bond or assienment of funds exceeds the cost incurred bv the city. the remainder shall be released. (b) Maintenance. The purpose of this section is to establish minimum maintenance standards for landscaping. (1) Plant maintenance. Maintenance of planted areas shall include continuous operations of removal of weeds before flowering; mowing; trimming; edging; cultivation; reseeding; plant replacement; appropriate fertilization; spraying; control of pests, insects, and rodents by nontoxic methods whenever possible; watering; or other operations necessary to assure normal plant growth. In particular, maintenance shall promote landscape performance criteria of this chapter. Plant materials that have died shall be replaced at the beginning of the next appropriate planting season and planting areas shall be kept reasonably free of noxious weeds and trash. (2) Irrigation maintenance. All portions of any irrigation system shall be continuously maintained in a condition such that the intent of an irrigation design is fulfilled. Uncontrolled emission of water from any pipe, valve, head, emitter, or other irrigation device shall be considered evidence of non maintenance. (3) Other maintenance. Maintenance of all landscaped areas shall also include operations as needed of painting, repairing, reconstruction, and rehabilitation of landscape structures such as walls, fences, overheads, trellises, and the removal of trash. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 52 of 65 Afl-acMmefLf A Clearing, Grading and Tree and Vegetation Retention Code Amendment LUTC Modifications to the Planning Commission Recommendation LUTe Meeting Date: February 23,2009 The following are LUTC recommended modifications to the Planning Commission's recommendation: (l) Modify Section 22-XXX3(1O}(b} to delete the word "quantity"; . (2) Modify Section 22-XX17(l)(i) to delete the word "four" and replace it with the word "six"; and (3) Modify Section 22-XX15(a)(ii) to delete the word "length and replace it with the word "height". ) ~. CITY OF . '!F".~"""'"""""""fi' Federal Way CITY COUNCIL COMMITTEE STAFF REPORT DATE: To: VIA: FROM: February 17, 2009 Linda Kochmar, Chair Members of the Land Useffransportation Committee (LUTC) Cary Roe, Assistant City Manager ~ Greg Fewins, CDS Director Janet Shull, AICP, Senior Planner~Y Margaret Clark, AICP, Senior Pla~~r SUBJECT: Clearing, Grading, and Tree and Vegetation Retention Code Amendments MEETING DATE: February 23, 2009 A. POLlCY QUESTION Should the City of Federal Way approve amendments to the FWCC Chapter 20 "Subdivisions" and Chapter 22, "Zoning" regarding Clearing, Grading, and Tree and Vegetation Retention, and related amendments? B. BACKGROUND Study Sessions with the Planning Commission The topic oftree preservation, clearing, and grading was initially placed on the Planning Division and Planning Commission 2007 Work Program. Staff began meeting with the Planning Commission in study session format in September 2001 and conducted three study sessions on this topic (September 19,2001, November 9,2007, and January 16,2008). The staff reports and minutes of these meetings are located in a binder in the City Council offices. The Planning Commission requested that staff invite representatives from the development community and utility companies and other interested parties to meet with them to provide input on this topic. Staff developed and maintained a list of interested parties for this code amendment. Those on the list of interested parties were notified of all meetings and were sent draft versions of the proposed code amendment. Briefing Meeting with the LUTC Staff met with the Land Useffransportation Committee (LUTC) on February 25, 2008, and provided the committee with an overview of the process to date with the Planning Commission and comments provided by interested parties. City Council Committee Staff Report Clearing, Grading, and Tree and Vegetation Retention Code Amendments Meeting Date: February 23, 2009 Page I The LUTC directed staff to proceed with draft code amendments that generally allow for greater initial c1eanng and grading flexibility, but increase standards for tree replacement; timmg of development with respect to timing of clearing and grading; and monitoring and penalties for non- performance and violations. Coordination with Low fmpact Development (LID) grant. In 2008, the City of Federal Way received an LID grant from the Puget Sound Partnership. As part of the work funded by the grant, the City's UD grant technical assistant, AHBL, has provided input relating to tree/vegetation retention that has been incorporated into the proposed code amendments. Planning Commission Public Hearing Process The Planning Commission conducted public hearings on the proposed code amendments on November 5, 2008, November 19,2008, January 7, 2009, January 21,2009, and February 4,2009. During these public hearings, the Planning Commission had the opportunity to consider written and oral testimony from citizens and representatives from the local development community. (Staff reports and minutes from these meetings are located in a binder in the City Council offices.) On February 4,2009, the Planning Commission voted unanimously to approve the staff recommended code amendment with some minor modifications. One of the modtfications pertained to changing the allowable artificial slope from the staff recommended limit of 3: I (three feet horizontal for every one foot in rise) to 2: 1 for artificial slopes with a length no greater than six feet. After the close of the Public Hearing, it was discovered that the Planning Commission had intended the modification to read "height" instead of "length." Staff is requesting that the LUTC consider the Planning Commission's intent when taking action on the proposed code amendment. (Please refer to Section D below for recommended action.) ) Additional Meetings with Citizens In addition to the public testimony received by the Planning Commission at each of the public hearing dates listed above, staff met with representatives of the Master Builders Association on December 2, 2008, to discuss the first draft of the proposed code amendment. On January 23, 2009, staff met with citizens (primarily single-family homeowners) who had concerns about how the proposed code amendments would potentially affect them. Staff made revisions to the draft code amendments in response to the questions and concerns raised at both of these meetings as well as the comments received during the public hearings. While staff did not ultimately support all of the changes to the draft code that were proposed throughout the public review process, staff believes the draft code has been improved substantially in response to the public input received and that the majority of the identified concerns have been addressed. C. SUMMARY OF PROPOSED CODE AMENDMENTS Some of the key provisions of the proposed code amendments include: · Consolidation of existing code sections that deal with clearing and grading, and tree/vegetation retention into one new article of the zoning code. City Council Committee Staff Report Clearing, Grading, and Tree and Vegetation Retention Code Amendments Meeting Date: February 23, 2009 Page 2 · Clearing, grading, and tree/vegetation retention plans are reviewed and approved in conjunction with the underlying permit required for the proposed development activity. · More flexibility in mass grading with an emphasis on results. For example: limits of grading area may be greater than the area of infrastructure construction. However, there will be greater confrol on the timing of site clearing with relation to site development, as well as emphasis on less overall alteration of the natural topography. · Lot size averaging and cluster development will be allowed for residential subdivisions on sloped sites in order to reduce disturbance to natural site conditions. · The existing "significant tree preservation" requirements contained in the "Landscaping" article of the code are replaced with a "tree units per acre" standard that allows credit for all trees in good health that can be retained on site. · Flexibility in meeting tree replacement requirements by allowing off site and/or fee-in-lieu payment where the development site cannot support the required number of tree units. · Provisions for protection of on- and off-site vegetation that is to be retained, as well as new code sections containing maintenance and monitoring provisions for up to two years. · Specific penalties for unauthorized tree removal/damage. · Coordination with utilities and written comment is required prior to proceeding with site work. D. RECOMMENDED AcnON As noted in Section B above, it was discovered after the official closing of the public hearing that the Planning Commission's intent was different from that expressed in the motion that was passed. The staff recommendation below incorporates the Planning Commission's intent as a proposed modification for consideration by the LUTe. ST AFF RECOMMENDA nON: Staff recommends adoption of the Planning Commission's recommendation as shown in Exhibit A to the Draft Adoption Ordinance with the following modification: Modify Section 22-XX15(a)(ii) to delete the word "length" aDd replace it with the word "height." K:\2008 Code Amendments\Trees, Vegetation, & Grading\LUTC\LUTC February 23 Report.DOC City Council Committee Staff Report Clearing, Grading, and Tree and Vegetation Retention Code Amendments Meeting Date: February 23,2009 Page 3 CITY OF FEDERAL WAY ORDINANCE NO. 09- AN ORDINANCE OF THE CITY OF FEDERAL WAY, W ASHINGTON, RELATING TO LAND MODIFICATION INCLUDING CLEARING, GRADING, AND TREE AND VEGETATION RETENTION; AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTERS 20 AND 22, SECTIONS 20-83,20-111,20-154, 22-1, 22-33, 22- 1133,22-1561,22-1562,22-1563,22-1564,22-1569; 22-1570,22-1634,22-1635, AND 22- 1638; ADDING NEW SECTIONS TO CHAPTER 22, ARTICLE XIII, DIVISION 7 [FWRC 19.1201 AND TO CHAPTER 22, ARTICLE XVII, AND REPEALING SECTIONS 20-179 20-186, 22-962, 22-1091, 22-1092, 22-1093, 22-1094, 22-1095, 22- 1568. WHEREAS, the ,City recognizes the need to periodically modify the Federal Way City Code Chapter 22, "Zoning," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, it is in the public interest for the City Council to adopt a new article for FWCC Chapter 22, "Zoning" which establishes development regulations for clearing, grading, and tree and vegetation retention actions within the City of Federal Way; and WHEREAS, the proposed clearing, grading, and tree and vegetation retention code amendments would consolidate these development standards into one article of the code and increase code efficiency; and WHEREAS, the adoption of this code amendment will increase flexibility in site development standards while also establishing more predictable site development outcome; and WHEREAS, this ordinance, containing amendments to the text of Chapter 22 "Zoning," of the Federal Way City Code (FWCC), has complied with Process VI review pursuant to FWCC Section 22-216; and WHEREAS, the Planning Commission conducted public workshops on these code amendments on September 19, 2007, November 7, 2007, and January 16, 2008; and WHEREAS, the Land Use Transportation Committee of the City Council of the City of Federal Way conducted a study session on these code amendments on February 25, 2008; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on October 25,2008, and no comments or appeals were received and the DNS was finalized on November 24, 2008; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on November 5, 2008, and continued to November 19,2008, January 7, 2009, January 21, 2009, and February 4, 2009; and forwarded a recommendation of approval with modification to the City Council as follows: (I) to allow for a maximum artificial slope of 2: I horizontal run to vertical rise for \ ) Ordinance No. Page_of_ slopes no greater than six feet in length; and (2) eliminate the word "quantity" from section 22-XXX3 (9)(c); and the Land Useffransportation Committee of the Federal Way City Council considered these code amendments on February 23, 2009, and recommended adoption of the text amendments as recommended by the Planning Commission with further modifications as follows: (I) to increase the height limit for retaining walls in single family zones from four to six feet; (2) to allow for a maximum artificial slope of 2: 1 horizontal run to vertical rise for slopes no greater than six feet in height; and (3) eliminate the word "quantity" from section 22-XXX3 (10)(b);. Now, THEREFORE, mE CITY COUNCIL OF mE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section I. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed code amendments. A. These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by adding clarity to clearing and grading standards; establishing maximum retaining wall heights; and establishing minimum tree units per acre standards for tree retention. B. These code amendments comply with Chapter 36.70A RCW, Growth Management. C. These code amendments are consistent with the intent and purpose of FWCC C,hapter 22 "Zoning," and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. D. These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section I, 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: l. The proposed FWCC text amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUG I Improve the appearance and function of the built environment. LUG3 Preserve and protect Federal Way's single-family neighborhoods. LUP6 Conduct regular reviews of the development regulations to determine how to improve upon the permit review process. LUPI9 Consider special development techniques (e.g., lot size averaging, cottage housing, and planned unit developments) in single-family areas, provided they result in residential development consistent with the quality and character of existing neighborhoods. Ordinance No. Page_of_ LUP20 Preserve site characteristics that enhance residential development (trees, water-courses, vistas, and similar features) using site planning techniques such as clustering, planned unit developments, and lot size averaging. HG I Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character. HP8 Consider the economic impact of all development regulations on the cost of housing. HP9 Maximize efficiency in the City's development review process and ensure that unnecessary time delays and expenses are eliminated. Continue to provide streamlined permitting processes for development that is consistent with the FWCP and FWCC, and that has no adverse impacts. HP 10 Encourage community input, where appropriate, into the development permit process by providing thorough and timely information to the public. HG3 Develop a comprehensive plan and zoning code that provide flexibility to produce innovative housing solutions, do not burden the cost of housing development and maintenance, and diversify the range of housing types available in the City. HP 19 Increase the amount of undeveloped open spaces in both infill and new development parcels, by expanding the use of cluster development and allowing housing techniques such as lot averaging, and zero lot line standards. ) NEG 1 To preserve the City's natural systems in order to protect public health, safety, and welfare, and to maintain the integrity of the natural environment. NEP2 Preserve and restore ecological functions, and enhance natural beauty, by encouraging community development patterns and site planning that maintains and complements natural landforms. NEP18 The City shall maintain regulations and standards to cany out the Surface Water Management Comprehensive Plan's policy of restricting stormwater runoff from all new development and redevelopment in order to minimize the potential for flooding and stream bank erosion, and preserve and enhance development and redevelopment. City policies, regulations, and standards will meet the comprehensive stormwater program requirements of the Puget Sound Plan, and will comply with NPDES permit requirements as applicable. CA 13 (Countywide Planning Policy) All jurisdictions shall regulate development on certain lands to protect public health; property, important ecological and hydrogeological functions, and environmental quality, and to reduce public costs. The natural features of these lands include: a) Page _of_ Ordinance No. Slopes with a grade greater than 40 percent; b) Severe landslide hazard areas; c) Erosion hazard areas; d) Mine hazard areas; and e) Seismic hazards. Regulations shall include, at a minimum, provisions for vegetation retention, seasonal clearing and grading limits, setbacks, and drainage and erosion controls. NEG9 Adopt standards to ensure against the loss of both public and private property to geologically hazardous areas. NEP54 Land uses on steep slopes should be designed to prevent property damage and environmental degradation, and to enhance open space and wildlife habitat. NEP55 As slope increases, development intensity, site coverage, and vegetation removal should decrease and thereby minimize drainage problems, soil erosion, siltation, and landslides. Slopes of 40 percent or more should be retained in a natural state, free of structures and other land surface modifications. PUP16 The City should, to the extent practical, work with utility providers in preparing a right- of-way vegetation plan that ensures that the needs of landscaping and screening are balanced with the need to prevent power outages. 2. The proposed FWCC text amendment bears a relationship to the public health, safety, and welfare because it establishes more prescriptive standards for clearing, grading, and retention of trees and vegetation during land development activities. Implementation of the code amendments will result in development that gives better consideration for natural site conditions and greater amount of tree and vegetation retention on a citywide basis. And 3. The proposed amendment is in the best interest of the residents of the City because site development proposals will be required to more cohesively address proposed site clearing and grading, and tree/vegetation retention as part of the permit review process. Proposed standards related to clearing and grading and utilization of rockeries and retaining walls will be required to provide for better aesthetic treatment of sites, less dramatic alteration of natural site conditions, and greater consideration for off-site impacts. All new developments (except for within the City Center Core and Fame) will be required to establish a minimum number of tree units per acre that will result in a more predictable amount of tree canopy retention on a citywide basis. Retention of tree canopy provides an aesthetic and economic benefit, as well as serving to reduce sound transmission, clean the air, and help reduce stormwater runoff. Ordinance No. Page_of_ Section 3. Amendment. Federal Way City Code (FWCC) chapters 20 and 22, sections 20-83,20-111, 20-154, 22-1, 22-33, 22-1133, 22-1561, 22-1562, 22-1563, 22-1564, 22-1569; 22-1570, 22-1634, 22- 1635, and 22-1638 are amended as set forth in the attached Exhibit A. Section 4. New sections. New sections are added to chapter 22, article XIII, division 7 [FWRC 19.120] and to chapter 22, article XVII of the Federal Way City Code as set forth in the attached Exhibit A. Section 5. Repeal. Federal Way City Code sections 20-179 20-186,22-962,22-1091,22-1092, 22- 1093, 22-1094,22-1095,22-1568 are repealed as set forth in the attached Exhibit A. Section 6. 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 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. The codifiers of this ordinance shall update section numbers, titles, format, and style consistent with the direction in Resolution 07-509 and 09-539 to conform to the Federal Way Revised Code. Section 8. Concurrent Legislation. Currently pending ordinances or resolutions may amend the same sections as does this one, specifically Ordinance No 09-_ relating to forest practices regulations; changes made in this ordinance are intended to be in addition to any changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by any other ordinance or resolution. Section 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 10. Effective Date. This ordinance shall be effective thirty (30) 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 ,2009. ) APPROVED: Mayor, Jack Dovey ATfEST: City Clerk, Carol McNeilly Ordinance No. Page_of_ APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE ClTY CLERIC PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE D ATE: ORDINANCE No: K:\2008 Code Amendments\Trees Vegetation and Grading\LUTC\Adoption Ordinance code amendment.doc Ordinance No. Page_of_ EXHIBIT A - I CLEARING, GRADING, AND TREE RETENTION CODE AMENDMENTS J Chapter 20, Subdivisions Article 1I, Plats, Division 8, Short Subdivision Plats 20-83 Content and form of application. (a) An application for approval of a short subdivision shall be made to the department of community development services upon forms furnished by the city. Applications shall be made by the owner or owners of th(f parcel or parcels of all property encompassed by the application or by a duly authorized agent. The owner or owners of all parcels to be included must join in or be represented in the application. (b) The application shall include seven prints of the proposed short subdivision drawn to a scale of one inch represents 50 feet or larger, and should be accompanied by the following information: (1) Proposed name of the plat. (2) Location by section, township, range, and/or by other legal description. (3) Name, address, and phone number ofdeveloper. (4) Name, address, and phone number of each property owner. (5) Name, address, and phone number of registered land surveyor. (6) Scale of drawing, date, and north point. (7) Existing topography of the land indicated by contours of two-foot intervals for slopes less than 20 percent 15% and five-foot intervals for slopes of 20 percent 15% or greater. (8) Accurate delineation of steep slopes 40% or greater. (82) Location and extent of significant natural features on and immediately adjacent to the site. Such features shall include, but are not limited to, streams, wetlands, views, significant stands of trees, and water bodies to the extent that significant natural features and/or their associated buffers affect the proposed short subdivision. (10) Preliminary clearing and grading and tree/vegetation retention plan consistent with the requirements of Article XXx. Clearing. Grading. and Tree and Vegetation Retention. (911) Comprehensive plan and zoning classification of the proposed short subdivision and adjoining properties. (-l{) 11) Adjacent common ownerships and the land or lot divisions of adjoining properties not in common ownership for a distance of at least 100 feet around the perimeter of the property proposed for subdivision. (H 11) Location, widths, and names of existing or prior platted streets, railroad or utility rights- of-way or easements, access easements, slope easements, parks and other public spaces, and existing permanent structures to be retained within and adjacent to the proposed short subdivision. Where the property had been previously subdivided, the original lots, blocks, streets, easements, etc., shall be shown in dotted lines in scale with the proposed short subdivision. (~ 14) Existing and proposed water, sewer, and drainage utilities on, under, or over the land showing size, grades, and location. (H U) Layout of proposed streets, pedestrian walkways, and easements. (MlQ) Layout, number, lot sizes, and dimensions of proposed lots. (g 11) Parcels of land intended to be dedicated for public use, or reserved for use of owners of the property in the short subdivision. (+6 l8.) Building setback lines. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/2612009 Page I of 65 (+1 12) The location and size of all ditches, culverts, catchbasins, and other parts of the design for the control of surface water drainage. (1-& 20) Typical roadway sec~ions (existing and proposed). (+9 21J Total acreage of the site platted prior to creation of any lots, tracts, or other dedications. (W 22) Acreage precluded from development due to the presence of critical areas, including: wetlands, streams, steep slopes, and other features (along with buffers), broken out by category, covered by critical areas regulations. (U 23) Acreage dedicated for public rights-of-way (for both newly created streets and expansions of existing streets), as well as private tracts, alleys, and ingress/egress and utilities easements created for the purpose of providing access to lots. (~24) Acreage of tracts (or other areas) dedicated for retention/detention/drainage facilities, open space and parks, or other on-site public facilities. (~ 25) Net plat area, which is gross plat area minus critical areas, rights-of-way, and public purpose lands. (M 26) Vicinity map indicating the proposed short subdivision's relation to the area. (~27) A copy of the current county quarter section map for the appropriate area. (M 28) If applicable under FWCC 18-141 et seq., completed checklists or other required environmental documentation. (H 29) The fee established by the city. The application shall not be accepted unless it is accompanied by the requested fee. (U 30) Additional information as required at the discretion of the director. (Ord. No. 90-41, S 1(16.150_10 - 16.1 50.30}, 2-27-90; Ord. No. 97-291, S 3,4-1-97; Ord. No. 07-554, ~ 5(Exh. A(2)), 5-15-07) Article II, Plats, Division 9, Preliminary Plat 20-111 Content and form of application. (a) An application for approval of a preliminary plat shall be made to the department of community development services upon forms furnished by the city. Applications shall be made by the owner or owners of the parcel or parcels of all property encompassed by the application or by a duly authorized agent or agents. The owner or owners of all parcels to be included must join in or be represented in the application. (b) The survey of the proposed subdivision and preparation of the plat shaH bemade by, or under the supervision of, a registered land surveyor who shall certify that it is a true and correct representation of the lands actually surveyed. (c) The application shall be accompanied by the following information: (I) Ten prints of the proposed preliminary plat drawn to a scale of one inch represents 100 feet or larger. The preliminary plat drawing shall include the following specific information: a. Proposed name of the plat. b. Location by section, township, range, and/or by other legal description. c. Name, address, and phone number of developer. d. Name, address, and phone number of each property owner. e. Name, address, and phone number of registered land surveyor. f. Scale of plat, date, and north point. g. Existing topography of the land indicated by contours of two-foot intervals for slopes less than 20 percent 15% and five-foot intervals for slopes of 20 per~ent 15% or greater. h. Accurate delineation of steep slopes 40 percent or greater. fi i. Location and extent of significant natural features on and immediately adjacent to the site. Such features shall include but are not limited to streams, wetlands, views, significant stands of trees, and Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 2 of 65 water bodies to the extent that significant natural features and/or their associated buffers affect the proposed preliminary plat. i. Preliminary clearing and grading and tree/vegetation retention plans consistent with FWCC Article XXX, Clearing, Grading, and Tree and Vegetation Retention. i~. Comprehensive plan and zoning classification of the proposed plat and adjoining properties. j 1. Adjacent common ownerships and the land or lot divisions of adjoining properties not in conunon ownership for a distance of at least 100 feet around the perimeter of the property proposed for subdivision. k m. Location, widths, and names of existing or prior platted streets, railroad or utility rights- of-way or easements, parks or other public spaces, or existing permanent structures to be retained within and adjacent to the proposed plat. Where the property had been previously subdivided, the original lots, blocks, streets, easements, etc., shall be shown in dotted lines in scale with the proposed plat. I !h Existing and proposed water, sewer, and drainage utilities on, under, or over the land showing size, grades, and location. ill o. Layout of proposed streets, pedestrian walkways, and easements. ft Q:. Layout, number, lot sizes, and dimensions of proposed lots. e !LParcels of land intended to be dedicated for public use, or reserved for use of owners of the property in the subdivision. It L. Building setback lines. tl ~ The location and size of all ditches, culverts, catchbasins, and other parts of the design for the control of surface water drainage. F L Typical roadway sections (existing and proposed). s !!, Total acreage of the site platted, prior to creation of any lots, tracts, or other dedications. t y.:. Acreage precluded from development due to the presence of critical areas, including: wetlands, streams, steep slopes, and other features (along with buffers), broken out by category, covered by critical areas regulations. ti w. Acreage dedicated for public rights-of-way (for both newly created streets and expansions of existing streets), as well as private tracts, alleys, and ingress/egress and utilities easements created for the purpose of providing access to lots within subdi visions. \' ~ Acreage of tracts (or other areas) dedicated for retention/detention/drainage facilities, open space and parks, or other on-site public facilities. W Yo Net plat area, which is gross plat area minus critical areas, rights-of-way, and public purpose lands. * ~ Vicinity map indicating the proposed subdivision's relation to the area. (2) A copy of the current county quarter section map for the appropriate area. (3) A list of the names and addresses of all owners of real property, as shown by the records of the county assessor located within 300 feet of any portion of the boundary of the proposed subdivision and any adjoining real properties owned by the owners of the lands proposed to be subdivided. If the owner of the property which is proposed to be subdivided owns adjacent property, the addresses of owners of property located within 300 feet of any portion of the boundaries of such adjacently located parcels must also be provided. (4) Three sets of stamped envelopes with address labels for all owners described in subsection (c)(3) of this section. (5) One II-inch by 17-inch reduced paper copy of the preliminary plat map. (6) If applicable, a phasing plan, showing divisions of the plat and a proposed timetable for construction of each division. (7) A complete environmental checklist pursuant to environmental policy, FWCC 18-26 etseq. (8) Preliminary plat certificate not less than 90 days old from a licensed title insurance company. ) / Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 3 of 65 (9) Additional information as required at the discretion of the director of community development servIces. (d) Upon submittal of the preliminary plat application, the applicant shall tender payment of required fees. Such fees shall be determined according to a standard fee schedule approved by the city counciL The purpose of such fees is to defray the city's cost in processing the application. (Ord. No. 90-41, ~ I( 16.50),2- 27-90; Ord. No. 97-291, * 3, 4-1-97; Ord. No. 98-309, * 3,1-6-98; Ord. No. 07-554, !l5(Ex.h. A(2)), 5-15-07) Article III, Design Criteria 20-154 Cluster subdivision. (a) Purpose. The term cluster subdivision applies to both long and short subdivisions. The purpose of cluster subdivisions is to provide design flexibility, sensitivity to the surrounding environment, and innovation consistent with the site and the comprehensive plan; promote compatibility with housing on adjacent properties through lot size and design; promote affordable housing; promote reduction of impervious surface; aOO promote usable open space; and promote the retention of native vegetation. (b) Standards. (I) The gross land area available for cluster subdivisions must be a minimum of two acres. (2) Lots created in a cluster subdivision may be reduced in size below the minimum required in Chapter 22 FWCC, up to one-half of the size of the underlying zoning requirement, but in no case smaller than 5,000 square feet, per lot; provided, that minimum setback requirements are met. This provision cannot be used together with FWCC 22-976(d)(l) (affordable housing bonus). (3) When the cluster subdivision abuts a single-family zoned neighborhood, the lots in the proposed development inunediately adjacent shall be no less than the neighboring lot size, or the underlying zoning minimum lot size minus to percent, whichever is smaller. (4) Cluster lots may not be creatcd 011 slopcs of 15 pcrccnt or greatcr. Slopes are to be measured in their natural state. Refer to FWCC 22-XX16 for additional development standards for sites with slopes of 15% or greater. (5) Open space. a. Open space created through cluster subdivisions shall be protected from further subdivision or development by covenants filed and recorded with the final plat of the subdivision. b. Any subdivision created by this section must provide all open space on-site and it must be all usable ex.cept up to five percent can be buffer. c. All usable open space must be readily identifiable with the development and easily accessible by the residents. Usable open space should be the central focus and an amenity for the project. (6) Cluster subdivisions can be constructed with zero lot lines under the following conditions: a. No more than two units shall share a common wall. b. Zero lot line cannot occur in zones of RS 9.6 or greater. c. Each dwelling unit shall be built to respect privacy of abutting homes. d. Zero lot line development cannot exceed 10 percent of the lots proposed unless it is in a multifamily zone. . e. Each unit shall be intended for owner occupancy. (7) Cluster lots are not eligible for accessory dwelling units under FWCC 22-613 or 22-648. (c) Approval criteria. The innovative or beneficial overall quality of the proposed development shall be demonstrated by the following criteria: (I) The subdivision provides innovative development, otherwise not allowed, but which promotes the goals of the comprehensive plan for architectural compatibility with single-family housing on adjacent properties. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 4 of 65 (2) The subdivision results in 15 percent common open space of which at least 10 percent of the gross land area must be usable on-site open space, which is identified with the development and easily accessible to residents. (3) Native tree retention in accordance with FWCC 22-XX 18 et seq. (J:1) Cluster lots immediately adjacent to existing neighborhoods have incorporated design elements through lot size and architecture to be compatible as approved by the community development services director. (4 ~) The cluster subdivision will not result in destruction or damage to natural, scenic, or historic features. (:S Q) Each dwelling unit shall meet the design standards in the FWCC community design guidelines for cluster subdivisions. (Ord. No. 90-41, * I (16.240.10 - 16.240.30),2-27-90; Ord. No. 97-291, * 3, 4-1-97; Ord. No. 98-309, * 3,1-6-98; Ord. No. 98-330, * 3,12-15-98; Ord. No. 01-381, * J, 1-16-01; Ord. No. 07- 554, * 5 (Exh. A(2)), 5-15-07) Article IV, Improvements 20 179 Reteutiou of vegetation. (a) All natural vegetation shall be retained on the site to be subdivided except that which will be rcmoved for impro'/ements or grading as shown on approved engineering plans. for zero lot line townhouse development, clearing and grading shall be aIlov,ed to accommodate theoonstruction ofthc building(s). If devclopmeRt is to be phased, clearing and grading shall also be phased. ^ preliminary clearing and grading plan shall be submitted as part of preliminary plat application. (b) Existing mature vegetatioRS shall be retained to the maximum exteRt possible. Preservation of significant trees pursuant to FWCC 22 1568 shall apply solely to the development of each single family lot at thc time a building permit is applied for. (c) Lots created on slopes of 15 percent or greater shall minimize grading and shall not result in extensi '.Ie usc of retaining walls. Slopes arc to be measured in their natural state. (Ord. No. 90 11, ~ 1(16.290),227 90; Oed. No. 97 291, ~ 3,4 I 97; Ord. No. 98 330, ~ 3, 12 1598; Ord. No. 07 554, ~ 5(Exh. A(2)), 5 15 07) (d) Wherc safc and feasible, thc meandering of strects and/or sidewalks around significant trecs is encouraged. (e) All street trees and other plantings shall be installed in conformance with standard landscaping practiccs and with appropriate city guidelines and regulations. (Ord. No. 90 41, ~ 1(16.360.10 16.360:10),2 2790; Oed. No. 97 291, ~ 3, -1 I 97; Ord. No. 07 554, ~ 5(Exh. 1\(2)), 5 1507) ,) 20 ISo Landscaping protection llnd enhancement. (a) ^ landscape plan prepared by a licensed landscape architect shall be submitted with each application for a land division. The plan shall identify existing wooded areas, significant trees, mcadows, rock outcroppings, and other landscape features. The plan shall also sho.." proposed buffers, open spaces, strect trees, and other omamentallandscaping. (b) Significant trees, as defined in Chapter 22 FWCC, Zoning, shall be identified, except for those 'to be removed in areas to be impro'/ed or graded as shown on the application for a land di'lision. During construction of impro'lements and permitting of buildings, protection techniques, as required in Chapter 22 FWCC, Zoning, shall be used to protect the identified trces from harm or dcstruction, and to rcstore trces damaged or lost. Significant trees to be preserved shall be visibly marked by flagging. (c) Where safc and feasible, the meandering of streets and/or sidewalks around significant trees is encouraged. (d) All street trees and other planting:> shall be installed in conformance with standard landscaping practices and with appropriate city guidelines and reglilations. (Ord. No. 90 41, ~ 1 (16.360.10 16.360.40),2 27 90; Ord. No. 97 291, ~ 3, -1 I 97; Or~. No. 07 554, ~ 5(Exh. ^(2)), 5 1507) Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 5 of 65 Chapter 22, Zoning Article I, In General 22-1 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned means knowing relinquishment, by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" shall include but not be limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure. Abandoned personal wireless service facility means a PWSF that meets the following: (I) Operation has voluntarily ceased for a period of 60 or more consecutive days; or (2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days; or (3) The antenna has been relocated at a point less than 80 percent of the height of the support structure; or (4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days. Accessory means a use, activity, structure or part of a structure which is subordinate and incidental to the main activity or structure on the subject property. Accessory dwelling unit (ADU) means either a freestanding detached structure or an attached part of a structure which is subordinate and incidental to the main or primary dwelling unit located on the subject property, providing complete, independent living facilities exclusively for one single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation. (I) ADU, at/ached means an accessory dwelling unit that has one or more vertical and/or horizontal walls, in common with or attached to the primary dwelling unit. (2) ADU, detached means a freestanding accessory dwelling unit that is not attached or physically connected to the primary dwelling unit. Accessory hardship dwelling unit means an attached ADU which satisfies the criteria set forth in FWCC 22-965. Accessory /ivingfaci/ity means an area or structure on the subject property, which is accessory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the subject property and that employee's family, or for the business owner/operator and that person's family. Adjoining means property that touches or is directly across a street from the subject property. For the purpose of height regulations, any portion of a structure which is 100 feet or more from a low density zone is not considered to be adjoining that zone. Adult entertainment, activity, retail, or use shall mean all of the following: (I) Adult theater shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified "sexual activities" or "specified anatomical areas" (defined below) for observation by patrons therein and which excludes minors by virtue of age. (2) Adult entertainment shall mean a cabaret, nightclub or other establishment which features go- go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined below) and which establishment Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 6 of 65 excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined in FWCC 9-71(a) and (b). (3) Panorama and peepshow shall mean as defined in FWCC 9-71 (i) and G). (4) Adult retail shall mean a retail establishment which, for money or any other form of consideration, either: a. Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult-oriented merchandise; or b. Provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade, transfer, and/or viewing or use, off the premises, any adult-oriented merchandise. Activities and uses defined as "adult entertainment, activity, retail, or use" are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. Adult-oriented merchandise shall mean any goods, products, commodities, or other wares, including, but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or ..specified sexual activities" (defined below). Agricultural use means any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. Air rights means the right to, in some manner, control the use of the space above the surface of the ground. AKART means "...all known, available and reasonable methods of prevention, control and treatment" as interpreted in WAC I 13-20IA-020. This is a technology-based approach to limiting pollutants from wastewater discharges, which requires both an engineering and economic judgment. Alluvium means soil deposits transported by surface waters. Antenna(s) means any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points, including, but is not limited to: (I) Ornni-directional (or "whip") antenna(s) transmits and receives radio frequency signals in a 360-degree radial pattern. (2) Directional (or "panel") antenna(s) transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees. (3) Parabolic (or "dish") antenna(s) is a bowl-shaped device for the reception and/or transmission of communications signals in a specific directional pattern. (4) Ancillary antenna is an antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna. Antique or collectible means any article which, because of age, rarity, or historical significance, has a monetary value greater than its original value, or which has an age recognized by the United States government as entitling the article to an import duty less than that prescribed for contemporary merchandise. A store or shop selling only such articles, or offering them for sale, shall be considered as a dealership selling antiques or collectibles and not as a dealership selling secondhand merchandise. Applicant means both of the following, depending on the content: (I) A person who applies for any permit or approval to do anything governed by this chapter, which person must be the owner of the subject property, the authorized agent of the owner, or the city. (2) Any person who is engaging in an activity governed by this chapter or who is the owner of property subject to this chapter. Aquifer means a water-bearing porous soil or rock strata capable of yielding a significant amount of groundwater to wells or springs. Average building elevation (ABE) means a reference datum on a subject property from which building height is measured. ABE is the average of the highest and lowest existing or proposed ) Ex.hibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 7 of65 elevations, whichever is lowest, taken at the base of the exterior walls of the structure; provided, that ABE shall not be greater than five feet above the lowest existing or proposed elevation. ^' =r-_.m./_.n- ---nnnl ......... / . ........ . . . . . . l....st Be\QINoft fte:t:IeR~ .btum (ABE) HgIlest Bewation A verageslope means the average grade of land within each land area representing a distinct topographical change. Backfill means material placed into an excavated area, pit, trench or behind a constructed retaining wall or foundation. BMPs or best management practicers) means maintenance measures and operational practices that are 'considered the most effective, practical means of preventing or reducing pollution from nonpoint or point sources. BMPs are defined by trade organizations, government agencies, and other organizations involved in pollution prevention and environmental regulation. Building means a roofed structure used for or intended for human occupancy. Building mounted signs means all of the following: wall-mounted signs, marquee signs, under marquee signs and projecting signs. Building segment means that portion of a terraced building on a sloping site which has a separate roof line or finished floor elevation with a grade change of at least four feet. Bulkhead means a wall or embankment used for retaining earth. Business or vocational school means a post-secondary institution that offers instruction in business principles and practices that will enhance one's ability to perform in a business setting, i.e., secretarial, accounting, purchasing, computer programming or usage, or training in fields such as health services, restaurant management, real estate, beautician training, or professional training or continuing education in these or similar fields. Cell-on-wheels (C-O-W) means a mobile temporary personal wireless service facility. Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses, when operated in conjunction with and within boundaries of such cemetery. Change oj use means a change of use determined to have occurred when it is found that the general character of the operation has been modified. This determination shall include review of, but not be limited to: (I) Hours of operation; (2) Required parking; (3) Traffic generation; ( 4) General appearance; (5) Type, extent or amount of indoor or outdoor storage; and (6) Constituents of surface water discharge or runoff. Church, synagogue or other place oj religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home occupation means those home businesses that qualify as home occupations under this zoning chapter, except family child care homes. Class II home occupation means those family child care homes that qualify under FWCC 22-1069. Exhibit A - Proposed Clearing. Grading, and Tree Retention Code Amendments - 02/26/2009 Page 8 of 65 Clearing means the destruction and removal of vegetation by manual, mechanical, or chemical methods. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use means the uses allowed in the commercial zones and the nonindustrial uses permitted in the commercial enterprise zone and not permitted in any other zones of the city. Commercial vehicle means, unless exempted by FWCC 22-1176 and 22-1178, any truck over 10,000 pounds gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), the principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or animals; or bulldozers, backhoes, cranes, and similar construction equipment. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Common recreational open space usable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (I) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Comprehensive plan means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Contour line means the interconnection of p<?ints having the same height above sea level. Convalescent center means an inpatient facility, excluding facilities defined as hospitals, for patients who are recovering from an illness or who are receiving care for chronic conditions; mental, physical, emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include assisted living facilities. Cottage housing development (CHD) means residential development consisting of clusters of between four and 16 detached dwelling units, that includes cottages and may include compact single-family units and meets the following criteria: (I) Dwelling units are limited to a maximum square footage; and (2) Dwelling units are grouped around a common open space; and (3) Developments meet a set of design criteria not applicable to typical single-family developments as stipulated in Article Xli of this chapter. Critical aquifer recharge areas means areas in which water reaches the zone of saturation by surface infiltration. These areas are hydrogeologically susceptible to contamination and contamination loading potential including, but not limited to, such areas as sole water source aquifer recharge areas, special protection groundwater management areas, wellhead protection areas, and other areas with a critical recharging effect on aquifers used for potable water. Critical root zone shall be defined as: an area equal to 12 inches radius for every one inch of tree diameter measured at four and one-half feet above ground. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 9 of 65 Cross-section (drawing) means a visual representation of a vertical cut through a structure or any other three-dimensional form. Curb cut means the connection of a driveway with a street, which may entail a structural alteration to the curb by lowering the height of part of the curb. Cut means a portion of land surface or area from which earth has been removed or will be removed by excavation. Also known as excavation. Day care facility means the temporary, nonresidential care of persons in a residence or other structure on a regular, recurring basis. Dedication means the deliberate appropriation of land by its owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purposes to which the property has been devoted. Deleterious substance includes, but is not limited to, chemical and microbial substances that are classified as hazardous materials under this section, "hazardous materials," whether the substances are in usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which monitoring requirements of treatment-based standards are enforced under Chapter 246-290 WAC. Development activity means any work, condition or activity which requires a permit or approval under this chapter or the city's building code. Diameter at Breast Height (dbh) means the diameter of a tree trunk as measured at 4.5 feet above the ground surface. Development permit means any permit or approval under this chapter or the city's building code that must be obtained before initiating a use or development activity. Domestic animal means an animal which can be and is customarily kept or raised in a home or on a farm. Domestic violence shelters means housing for adult women or men and their dependent children, if any, who are victims of domestic violence perpetrated by the spouse, domestic partner or significant other . of the adult victim. Dredging means.removal of earth and other materials from the bottom of a body of water or watercourse or from a wetland. Dredging spoils means the earth and other materials removed from the bottom of a body of water or watercourse or from a wetland by dredging. Driveway means an area of the subject property designed to provide vehicular access to a parking area or structure located on the subject property. Dry land means the area of the subject property landward of the high water line. Dwelling unit means one or more rooms in a structure or structures, excluding mobile homes, providing complete, independent living facilities exclusively for one family, including permanent provisions for living, sleeping, cooking and sanitation. A factory-built home or manufactured home is . considered a dwelling unit under this chapter only if it meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145. There ar~ the following eight types of dwelling units: (\) Dwelling unit, attached, means a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or other uses above or below it. (2) Dwelling unit, detached, means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use. (3) Dwelling unit, stacked, means a dwelling unit that has one or more horizontal walls in common with or attached to one or more other dwelling units or other uses and may have one or more vertical walls in common with or adjacent to one or more other dwelling units or other uses. (4) Dwelling unit, multifamily, means a building containing two or more dwelling units, which are either attached or stacked. See definition of "dwelling unit, townhouse." (5) Dwelling unit, multiple unit housing, means dwelling unit, multifamily. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 10 of65 (6) Dwelling unit, small lot detached, means detached residential dwelling units developed on multifamily-zoned property. Each unit is located on its own fee-simple lot. One of the dwelling unit's sides may rest on a lot line (zero lot line) whencertain site development conditions are met. (7) Dwelling unit, townhouse, means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. (8) Dwelling unit, zero lot line townhouse, means attached residential dwelling units with common (or "party") walls. Each unit is located on: a lot in such a manner that one or more of the dwelling's sides rests on a lot line. Each unit has its own entrance opening to the outdoors (to the street, alley, or private tract) and, typically, each house is a complete entity with its own utility connections. Although most townhouses have no side yards, they have front and rear yards. The land on which the townhouse is built, and any yard, is owned in fee simple. Easement means land which has specific air, surface or subsurface rights conveyed for use by someone other than the owner of the subject property or to benefit some property other than the subject property. EMF means electromagnetic field, which is the field produced by the operation of equipment used in transmitting and receiving radio frequency signals. Equipment shelter means the structure associated with a PWSF that is used to house electronic switching equipment, cooling system and back-up power systems. Erosion and deposition means the removal of soils and the placement of these removed soils elsewhere by the natural forces of wind or water. Essential public facility is any facility or conveyance which has the following attributes: (I) It is typically difficult to site due to unusual site requirements and/or significant public opposition; (2) It is a necessary component of a system, network or program which provides a public service or good; (3) It is owned or operated by a unit of local or state government, private or nonprofit organization under contract with or receiving government funding, or private firms subject to a public service obligation; (4) It meets a general and/or specific category for facility types or individual facilities listed below in Class [ and Class n essential public facilities. a. Class l: Facilities of a county, regional or state-wide nature. Those essential public facilities intended to serve a population base that extends significantly beyond the boundaries of the city, and which may include several local jurisdictions or a significant share of the Puget Sound regional population. Such facilities may include, but are not limited to, the following: 1. State or regional education facilities (except minor branch facilities). i. Research facilities; ii. University branch campuses; iii. Community colleges. 2. State or regional transportation facilities. i. Light and/or standard rail lines; ii. Commuter terminals; iii. Transit centers; iv. Park-and-ride lots in residential zones. 3. State or regional correctional facilities. 4. Solid waste handling facilities (large scale). i. Transfer station; ii. Recycling center. 5. Sewage treatment plants. ) / Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page II of65 6. Power plants. . b. Class 1I: Facilities of a local nature. Those essential public facilities that are intended to meet the service needs of the local community. In many cases local facilities are characterized by providing some type of in-patient care, assistance, or monitoring. Such facilities may include, but are not limited to, the following: I. Substance abuse facilities. 2. Mental health facilities. 3. Group homes/special needs housing. 4. Local schools. i. Elementary school; ii. Middle school; iii. High school. 5. Social service transitional housing. i. Domestic violence shelter; ii. Homeless shelter; iii. Work-release. Excavate or excavation means the mechanical removal of soils and/or underlying strata. Family means an individual or two or more individuals related by not more than four degrees of affinity or consanguinity and including persons under legal guardianship, ora group of not more than five persons who are not related by four or fewer degrees of affinity or consanguinity; provided, however, that any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(t)(3)(b). Family child care home means a business regularly providing care during part of the 24-hour day to 12 Or fewer children (including the children of the day care provider) in the family abode of the person or persons under whose direct care the children are placed. Fastfood restaurant means an establishment which offers quick food service which is accomplished through one or more of the following mechanisms: (I) Limited menu of easily produced items. (2) Orders are not taken at the customer's table. (3) Food is served in disposable wrappings or containers. Fence means a manmade barrier or wall constructed for the purpose of enclosing space or separating parcels of land. Fill means deposition of earth materials by artificial means. Fill material means dirt, structural rock or gravel, broken concrete and similar structural substances customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel placed on the surface of the ground. Finished grade means the final contour of the land surface prior to landscaping. Flag lot or panhandle lot means a lot in the shape of a flag or pan that is connected to the road or street right-of-way by a narrow strip of land. The narrow strip of land connecting the main portion of the lot to the road or street right-of-way is the "flag pole" or "access panhandle" part of the lot. Floor means the horizontal surface inside a structure designed and intended for human use and occupancy. Gambling use means one of those gambling activities regulated by the state, e.g., "public card rooms," which involve staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the person's control or influence, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. Gambling uses include those uses regulated by the Washington State Gambling Commission with the following exceptions as these uses are defined in Chapter 9.46 RCW: punch boards; pull tabs; bingo Exhibit A - Proposed Clearing, Grading, and Tree Relention Code Amendmenls - 02/26/2009 Page 12 of 65 games operated by bona fide not-for-profit organizations; limited social games operated by bona fide not- for-profit organizations; commercial amusement games; raffles; fund raising events; business promotional contests of chance; sports pools; golfing and bowli!1g sweepstakes; dice or coin contests for music, food, 'or beverages; fishing derbies; bona fide business transactions; activities regulated by the State Lottery Commission. . Geologically hazardous areas means areas which because of their susceptibility to erosion, landsliding, seismic or other geological events are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns. Geologically hazardous areas include the following areas: (I) Erosion hazard areas are those areas having a severe to very severe erosion hazard due to natural agents such as wind, rain, splash, frost action or stream flow. (2) Landslide hazard areas are those areas potentially subject to episodic downslope movement of a massof soil or rock including, but not limited to, the following areas: a. Any area with a combination of: I. Slopes greater than 15 percent; 2. Permeable sediment, predominately sand and gravel, overlying relatively impermeable sediment or bedrock, typically silt and clay; and 3. Springs or groundwater seepage. b. Any area which has shown movement during the Holocene epoch, from 10,000 years ago to the present, or which is underlain by mass wastage debris of that epoch. c. "Any area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action. d. Any area located in a ravine or on an active alluvial fan, presently or potentially subject to inundation by debris flows or flooding. e. Those areas identified by the United States Department of Agriculture Soil Conservation Service as having a severe limitation for building site development. f. Those areas mapped as Class V (unstable), vas (unstable old slides), and URS (unstable recent slides) by the Department of Ecology. g. Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking. (3) Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting. These conditions occur in areas underlain by cohesion less soils of low density usually in association with a shallow groundwater table. (4) Steep slope hazard areas are those areas with a slope of 40 percent or greater and with a vertical relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance. A slope is delineated by establishing its toe and top, and measured by averaging the inclination over at least 10 feet of vertical relief. Glare means both of the following: (I) The reflection of harsh, bright light. (2) The physical effect resulting from high luminances or insufficiently shielded light sources in the field of view. Government facility means a use consisting of services and facilities operated by any level of government, excluding those uses listed separately in this chapter. Grading means altering the shape of ground surfaces to a predetermined condition: this includes stripping. cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition. Gross floor area means the total square footage of all floors, excluding parking area, in a structure as measured from either the interior surface of each exterior wall of the structure or, if the structure does not have walls, from each outer edge of the roof. Certain exterior areas may also constitute gross floor area. ) Ex.hibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 13 of65 Ground floor means the floor of a structure that is closest in elevation to the finished grade along the facade of the structure that is principally oriented to the street which provides primary access to the subject property. . Groundwater means water that occurs in subsurface openings in the earth, such as the spaces between particles in unconsolidated deposits or along fractures in consolidated deposits. Groundwater contamination means the presence of any substance designated by the U.S. Environmental Protection Agency (EP A), or the State of Washington Department of Ecology (DOE), as a primary or secondary water quality parameter, in excess of the maximum allowable containment level (MCL). Group homes type II means housing for juveniles under the jurisdiction of the criminal justice system. Such groups include state-licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, halfway houses providing residence to juveniles needing correction, or for those selected to participate in state-operated work release and pre-release programs. The director of community development services shall have the discretion to classify a group home proposing to serve juveniles convicted of the offenses listed under group home type III in this section as a group home type III, and any such home shall be sited according to the regulations contained within type III classification. . Group homes type II-A: Maximum number of 12 residents including resident staff. Group homes type II-B: Thirteen or more residents including residential staff. Maximum number to be determined on a case-by-case basis. The limitation on the number of residents in a group home type n shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(t)(3)(b). Group homes type III means housing for adults that have been convicted of a violent crime against a person or property, or have been convicted of a crime against a person with a sexual motivation, or have been convicted or charged as a sexual or assaultive violent predator. These individuals are under the jurisdiction of the criminal justice system or have entered a pre- or post-charging diversion program. Such groups involve individuals selected to participate in state-operated work/training release and pre-release programs or similar programs. Such category does not include full-time detention facilities. Gymnasium means a room or building equipped for sports, which must be accessory to a school facility, health club, social service club such as the Boys and Girls Club, or similar facility. A gymnasium may also be used as an auditorium to hold concerts and other performing arts. Hardship means a current or impending health condition which requires a person to live in dose proximity to, and/or share housing with, a caregiver. Hazard tree shall mean any tree which, in the opinion of the city or an expert approved by the city (such as. but not limited to. a professional forester, certified arborist, or landscape architect), poses an unreasonable risk of failure and poses a hazard to a permanent structure or high use outdoor area. Hazardous liquid means: (a) petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 CFR Part 195 in effect March I, 1998; and (b) carbon dioxide. Hazardous materials mean any material, either singularly or in combination, that is a physical or health hazard as defined and classified in the International Fire Code, whether the materials are in usable or waste condition; and any material that may degrade groundwater quality when improperly stored, handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged. Hazardous materials shall also include any hazardous waste, hazardous substance, dangerous waste, or extremely hazardous waste that is a physical or health hazard as defined or classified in Chapter 70.105 RCW and Chapter 173- 303 WAC, whether the materials are in usable or waste condition. Hazardous materials shall also include petroleum or petroleum products that are in a liquid phase at ambient temperatures, including any waste oils or sludge. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/2612009 Page 14 of65 Hazardous waste means all dangerous and extremely hazardous waste, including substances composed of radioactive and hazardous components (see Chapter 70.105 RCW). Hazardous waste storage means the holding of dangerous waste for a temporary 'period (see WAC 173-303-040(85)). Hazardous waste treatment means the physical, chemical or biological processing of dangerous wastes to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage or reduced in volume (see WAC 173-303-040(97)). Heat means added energy that causes substances to rise in temperature, fuse, evaporate, expand or undergo any other related change. 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. Height of structure means the vertical distance above the measured from the average building elevation measured around the building or building segment to the highest point of a flat roof or to the deck line of a mansard roof, or to the mid-point between eave and ridge of the highest principal roof of a gable, hip, gambrel, or similar sloped roof. For single-family residential structures where the total area of dormers exceeds 35 percent of the total area of the underlying sloped roof, height will be measured to the ridge of the highest principal gable. High density residential zones means the following zones: RM 3.6, RM 2.4, RM 1.8, RS 5.0, RS 7.2, RS 9.6, and comparable zones in other jurisdictions. Home occupation means an occupation, enterprise, activity or profession which is incidental to a residential use, which is carned on for profit or customarily carried on for profit and which is not an otherwise permitted use in the zone in which it occurs. Horizontal dimension means the length of the facade of a structure as measured along a plane, excluding eaves which extend out no more than 18 inches from the exterior walls of the structure. Hospital means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, extended care facilities and/or training facilities. Hotel or motel means a single building or group of buildings containing individual sleeping units intended for transient occupancy. Improvement means any structure or manmade feature. Industrial-commercial zone means the CE zoning district. Industrial uses means those uses allowed only in the CE zone as listed in FWCC 22-861 through 22- 864. Ingress/egress and utilities easement means privately owned land used and legally committed, through easements, plat restrictions, or similar mechanisms, to providing access for vehicles and pedestrians to properties other than the property within the tract or easement. It may also provide space for utility lines and appurtenances, and other devices and facilities benefiting nearby properties or the public. See definition of "vehicular access easement or tract." Inoperable motor vehicle shall be any vehicle that has been in a stationary position for more than 14 days, is apparently inoperable or requires repairs in order to be operated legally on the public roads or is unable to move a distance of 10 feet on level pavement under its own power. Institutional uses mean the following uses: schools, churches, colleges, hospitals, parks, governmental facilities and public utilities. Invasive species include non-native species of plants or animals that out-compete native species in a specific habitat and that cause or are likely to cause economic or environmental harm or harm to human. ) Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 15 of65 animal or plant health. Invasive species include species on the noxious weed list maintained bv the King County Noxious Weed Control Board. See also Native Vegetation and Nuisance Vegetation. Irrevocable license means a written irrevocable permission given by a property owner to the city for specified purposes. Issuance, when used with respect to a decision of the director of community development services or a decision of the hearing examiner issued under this chapter, means the date that is three days after the date the written decision of the director or hearing examiner is mailed. Proof of mailing shall be by affidavit or by declaration under penalty of peIjury. Issuance, when used with respect to a city council decision made by ordinance or resolution while sitting in a quasi-judicial capacity, means the date on which the council passes the ordinance or resolution, as evidenced by the date of passage indicated on the face of the ordinance or resolution. Junk means old or scrap metal, rope, rags, batteries, paper, rubber, machinery, scrap wood, debris, trash, or junked, dismantled, wrecked or inoperable motor vehicles or parts thereof. Junk or junked vehicle means any vehicle substantially meeting at least two of the following conditions: (I) Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield or missing wheels, tires, motor, or transmission; (2) Is apparently inoperable; (3) Is without a current, valid registration plate. Junkyard means a property or place of business which is maintained, operated or used for storing, keeping, buying, selling or salvaging junk. Kennel means an establishment, generally retail in nature, which houses, cares for, breeds, raises or sells dogs or cats. Land division means any process by which individual lots, parcels, or tracts are created for the purpose of sale, lease, or transfer. Land divisions include, but are not limited to, conventional subdivisions (both short and long plats), bindjng site plans, cluster subdivisions, cottage housing, zero lot line townhouse development, and small lot detached development. LCl."'ld surftlCC modifimtian means the clearing or removal of trees, sh..ubs, groundcover and other vegetation and all grading, excavation and filling activities. Landscaping means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation. Landward means toward dry land. Linear frontage of subject property means the frontage of the subject property adjacent to all open, impro~ed rights-of-way other than Interstate 5. If the subject property is not adjacent to an open, improved right-of-way, "linear frontage" means the frontage of the subject property on any public access easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights-of- way. Lot means a parcel of land having fixed boundaries described by reference to a recorded plat, by reference to metes and bounds, or by reference to section, township and . range. Lot area means the minimum lot area per dwelling unit based on the underlying zone. For single- family lots, the area of a vehicular access easement, private tract, flag pole, or access panhandle shall not be credited in calculation of minimum lot area. Low density use means a detached dwelling unit on a subject property that contains at least five acres. Low density zone means the following zones: SE and comparable zones in other jurisdictions. Major stream means any stream, and the tributaries to any stream, which contains or supports, or under normal circumstances contains or supports, resident or migratory fish. If there exists a natural permanent blockage on the stream course which precludes the upstream movement of anadromous salmonid fish, then that portion of the stream which is downstream of the natural permanent blockage shall be regulated as a major stream. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 16 of65 Manufactured home means a factory-built structure transportable in one or more sections which is built on a permanent chassis and designed to be a dwelling with or without a permanent foundation when connected to required utilities. A manufactured home shall be built to comply with the National Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15, 1976). Manufacturing and production, general, means establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors, and is typically carried on for the wholesale market. Manufacturing and production, limited, means retail establishments engaged in the small-scale manufacture, production, and on-site sales of custom goods and products. This classification includes uses such as ceramic studios; candle-making shops; custom jewelry manufacturing; woodworking and cabinet making; manufacturing of specialized orthopedic appliances such as artificial limbs or braces; or dental appliances such as bridges, dentures, and crowns; production of goods from finished materials such as wood, metal, paper, glass, leather, and textiles; and production of specialized food products such as caterers, bakeries, candy stores, microbreweries, and beverage bottlers. These uses are distinguished from "manufacturing and production, general" by a predominant use of hand tools or domestic mechanical equipment, Limited number of employees, limited sales volume, limited truck deliveries, little or no outdoor storage, typical retail hours of operation, and an obvious retail storefront with a public entrance that is in scale with the overall building and oriented to the right-of-way. Maximum lot coverage means the maximum percentage of the surface of the subject property that may be covered with materials which will not allow for the percolation of water into the underlying soils. See FWCC 22-955 et seq. for further details. ' Mean sea level means the level ofPuget Sound at zero tide as established by the U.S. Army Corps of Engineers. Medium density zones mean the following zones: RS 15.0, RS 35.0 and comparable zones in other jurisdictions. Microcel/ means a wireless communication facility consisting of an antenna that is either; (l) Four feet in height and with an area of not more than 580 square inches; or (2) If a tubular antenna, no more than four inches in diameter and no more than six feet high. Minor facility means a wireless communication facility consisting of up to three antennas, each of which is either: (I) Four feet in height and with an area of not more than 580 inches; or (2) If a tubular antenna, no more than four inches in diameter and no more than six feet in length; and the associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area. Minor stream means any stream that does not meet the definition of "major stream." Moorage facility means a pier, dock, buoy or other structure providing docking or moorage space for waterborne pleasure craft. Multiuse complex means all of the following: a group of separate buildings operating under a common name or management; or a single building containing multiple uses where there are specific exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that request treatment as a multiuse complex. Native vegetation includes native, undisturbed areas or rehabilitation of previously disturbed areas that consist of trees. plants, forest litter. and understory indigenous to the Pacific Northwest or near natives that are suitable for the Pacific Northwest climate. Invasive species, such as Himalavan Blackberry or Scotch Broom are not native species. Natural features mean physical characteristics of the subject property that are not manrnade. Natural materials mean materials chemically unaltered from their natural state. Noise means the intensity, duration and character of sound from any and all sources. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 17 of65 Nonconformance means any use, structure, lot, condition, activity or any other feature or element of private or public property or the use or utilization of private or public property that does not conform to any of the provisions of this chapter or that was not approved by the city of Federal Way through the appropriate decision-making process required under this chapter. Nonliving groundcover means gravel, chipped bark or similar nonpolluting material through which water can freely percolate to the soil beneath. Normal maintenance includes interior and exterior repairs and incidental alterations. Normal maintenance and repair may include, but is not limited to, painting, roof repair and replacement, plumbing, wiring and electrical systems, mechanical equipment replacement and weatherization. Incidental alterations may include construction of nonbearing walls or partitions. Nuisance vegetation shall mean any tree or vegetation that, in the opinion of the city or an expert approved by the city (such as. but not limited to a professional forester, certified arborist. or landscape architect), is an invasive variety. is an allergen, or due to its location is causing or is likely to cause damage to a permanent structure, or other economic or environmental harm or harm to human. animal. or plant health that cannot be mitigated without removal of the tree or vegetation. Nursing home. See "Convalescent center." Occupant means a person that legally occupies a structure or property. Odor means stimulus affecting the olfactory nerves. Office use means a place of employment providing services other than production, distribution, sale or repair of goods or commodities. The following is a nonexclusive list of office uses: medical, dental or other health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices whereno inventories or goods are available on the premises; real estate, insurance, travel agent, loan companies, brokerage or other similar services. The following uses are specifically excluded from the definition of office: banks, savings and loan companies and similar financial institutions. Office zones mean the PO, OP and CP-I zoning districts. Official notification boards of the city means the bulletin boards in the public areas of City Hall and other public locations as designated by city counciL On-site hazardous waste treatment and storage faCilities means facilities which treat and store hazardous wastes generated on the same lot or geographically contiguous or bordering property. Travel between two properties divided by a public right-of-way, and owned, operated or controlled by the same . person, shall be considered on-site travel if: (l) The travel crosses the right-of-way at a perpendicular intersection; or (2) The right-of-way is controlled by the property owner and is inaccessible to the public (see WAC 173-303-040(39)). Open record hearing means a hearing that creates the city's record of decision for an application or appeal through testimony and submission of evidence and information, under procedures prescribed by the city's hearing examiner or the city council. An open record hearing may be held prior to the city's decision on an application, or as part of an appeal. Open space means land not covered by buildings, roadways, parking areas or other surfaces through which water cannot percolate into the underlying soils. Open space, private, means common open space, the use of which is normally limited to the occupants of a single dwelling or building or property. Open space, public, means open space owned by a public agency and maintained by it for the use and enjoyment of the general public. Ordinary high water mark means, on lakes, streams and tidal waters, that mark that will be found by examining the bed, banks or shore and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil or land a character distinct from that of the abutting uplands; provided, that any tidal area where the ordinary high water Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 18 of65 mark cannot be found based on the previous text of this definition, the ordinary high water mark shall be the line of mean high tide. Outdoor means not contained within a building. Outdoor storage means any material or item (including vehicles), being stored for or awaiting sale, lease, processing or repair and not enclosed within a building. Owner means, in reference to real property, the person or persons holding fee title to the property as well as the purchaser or purchasers under any real estate contract involving the real property. Panhandle lot means flag lot. Parking area means any area designed and/or used for parking vehicles. Parking space means an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor Vehicle that is not in use. Person means any individual, partnership, association, corporation, unit of government or any other legal entity. Personal wireless service facility (PWSF) means a wireless communication facility, including a microcell, that is a facility for the transmission and/or reception of radio frequency signals, and which may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve the necessary elevation, and reception and transmission devices and antennas. Personal wireless services means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. Preapplication conference means a meeting, between an applicant and members of the development review corrunittee, which is held prior to formal application, during which the project is discussed relative to city and other pertinent codes and/or regulations. Primary dwelling unit means the main structure located on the subject property which is distinguishable from any accessory dwelling unit because it is greater in total square footage. Primary vehicular access means the street, vehicular access easement, or private tract from which the majority of vehicles enter the subject property. Principal use means the primary or predominant use of any lot or parceL Private club means an association of persons organized for some common purpose, but not including groups organized primarily to sell merchandise or render a service which is customarily carried on as a business. Property line means those lines enclosing the subject property and those lines defining a recorded vehicular access easement or tract. The following are categories of property lines: (I) The front property line is any property line that is adjacent to a primary vehicular access. If the subject property is adjacent to more than 'One primary vehicular access, the applicant shall designate which of the adjacent property lines is the front property line and the remainder of such adjacent property lines will be considered as either a rear property line or side property line, based on the definition in this section, except the property line adjacent to an arterial or primary collector shall not be designated as a primary vehicular access.t Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 19 of65 (2) For flag lots, the yard setbacks shall be applied per the following graphic: L:)t 2 Flag Lot Setbacks Driveway #ollol21 Access Easement for lot 1 .. 'l'!.'f ft...s' L(.... 2 c,.: 2 :. '.s-- . ,______.1\'"_5"_______... F....' 1"." Let 1 L-:)1 ~ . .. _ $"!.t _ ._ Driveway for Lot 2 Not an arterial or prlnc;pai coiloctor Drivewav for lot 2 Arterial or ~~~ess Easement -pC1ncipi....coitector On\'eway foftot 3 and Access Easement bflo12 ll)~ :5 . _ _t!~_ i: _. _ .. - - -'5',,5'" _s~~ t.0t 2 -, .s Lo! 1 .. NOI an arterial or piincipaicoll"ctor F = Front Yard S = Side Yard R = Rear Yard (3) The rear property line is any property line that is farthest from, and essentially parallel to, the front property line. (4) The side property line is any property line other than a front property line or a rear property line. Public park means a natural or landscaped area, provided by a unit of government, to meet the active or passive recreational needs of people. Public utility means the facilities of a private business organization such as a public service corporation, or a governmental agency perfonning some public service and subject to special governmental regulations, the services which are paid for directly by the recipients thereof. Such services shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and transportation for persons and freight. The term also includes broadcast towers, antennas and related facilities operated on a commercial basis. Public works director means the director of the department of public works of the city. Qualified groundwater scientist means a hydrogeologist or engineer who meets the following criteria: (I) Has received a baccalaureate or post -graduate degree in earth science or engineering; and (2) Has sufficient education and experience in geology and hydrogeology as may be demonstrated by state registration, professional certifications, or licensing that enable that individual to make sound professional judgments regarding groundwater and groundwater vulnerability. Regulated lakes means Wetlands Nos. 8-21-4-26, 7-21-4-71,11-21-3-9, 14-21-3-2, 14-21-3-5, 13-21- 3-12,9-21-4-38,17-21-4-55,20-21-4-57, and 20-21-4-61 as shown in the June 19,1999, city of Federal Ex.hibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 20 of65 Way final wetland inventory report, except vegetated areas meeting the definition of "regulated wetland" located around the margins of regulated lakes shall be considered regulated wetlands. Regulated wetlands. See the definition of "regulated wetlands" under the definition of "wetlands." Relative means persons connected through blood, marriage or other legal relationships by not more than four degrees or affinity or consanguinity and including persons under legal guardianship. Required yard means the area adjacent to and interior from a property line or the ordinary high water mark (OHWM) of a lot, and is the minimum required distance between a structure and a specific line, such as a property line, edge of private tract, or vehicular access easement that is required to remain free of structures. If two or more required yards are coincidental, the area will be considered the required yard with the greater dimension. Yards are also known as setbacks. Except for flag lots, required setbacks are categorized as follows: (I) Front. That portion of a lot adjacent to and parallel with the front property lines and at a distance therefrom equal to the required front yard depth. (2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance therefrom equal to the required rear yard depth. (3) Ordinary high water line yard. That portion of a lot adjacent to and parallel with the OHWM and at a distance landward therefrom established in this chapter. (4) Side. That portion of a lot adjacent to and parallel with each side property line and at a distance therefrom equal to the required side yard depth. All required yards not otherwise categorized shall be designated side yards. Residential use means developments and occupancy in which persons sleep and prepare food, other than developments used for transient occupancy. Residential zone means the following zones: SE, RS 35.0, RS 15.0, RS 9.6,RS 7.2, RS 5.0, RM 3.6, RM 2.4, RM 1.8 and comparable zones in other jurisdictions. Restaurant or tavern means commercial use (excluding fast food restaurants) which sells prepared food or beverages and generally for consumption on the premises. Retail establishment means a commercial enterprise which provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. Retail sales, bulk, means a retail establishment engaged in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of such goods. Bulk retail involves a high volume of sales of related and/or unrelated products in a warehouse setting and may include membership warehouse clubs, i.e., "big box" retail. Bulk retail is differentiated from general retail by any of the following characteristics: (I) Items for sale include large, categorized products, e.g., lumber, appliances, household furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may also include a variety of carry out goods, e.g., groceries, household, and personal care products; (2) A large inventory of goods and merchandise is stored on the subject site in high-ceiling warehouse areas, high-rack displays, and/or outdoor storage areas; and (3) High volume truck traffic, regular pick up and delivery of large items, a designated contractor pick-up area, and high parking-to-building ratios. Retail sales, general and specialty is differentiated from bulk retail by the size of the building, size of items purchased and sales volume. General and specialty retail includes the sale of smaller items such as groceries, drug store sundries, specialty hardware, paint supplies, and sports equipment, etc. Typically not a discount or volume warehouse store. Typical user is the general public. Retail sales, secondhand merchandise means an individual or establishment that sells secondhand merchandise, such as pawn shops; used book and record stores; used clothing, furniture, and appliances; thrift stores; consignment stores; and flea markets. This definition does not include the sale of antiques or collectibles as defined in this article. '\ i ! Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009. rage 21 of 6S Retail shopping center, regional means a series of unified commercial establislunents that provide retail, entertainment, or professional services on a site comprised of at least 50 acres, with direct access to a state or federal highway, with shared parking facilities, with a combined gross floor area of at least 500,000 square feet, and with all or some of the stores configured with an inward orientation and connected with common interior walkway(s). Right-of-way means land dedicated or conveyed to the public or a unit of government, the primary purpose of which is the movement of vehicles and/or pedestrians and providing for access to adjacent parcels, with the secondary purpose of providing space for utility lines and appurtenances and other devices and facilities benefiting the public. Right-af-way realignment means the changing of the horizontal position ofthe improvements in a right-of-way. Roojline means the line formed by the outside of the gable of the roof, or iftl}.e roofis flat or mansard, the top of the roof or mansard. Runoff means the overland or subsurface flow of water. Schools means institutions of learning, excluding those offering post-secondary education, offering instruction in the several branches of learning and study required by the Basic Education Code of the State of Washington to be taught in public, private and parochial schools, including those disciplines considered vocational, business-related, or trade in nature. Self-service storage facilities means a structure or group of structures for the storage of personal property where individual stalls or lockers are rented out to different tenants for storage. Shared access points means a common point of vehicle access from a street to more than one lot or use. Signif-u:ant fUltural w~gctati8n meaflS any area containing a concentration of significant trees; any area of significant biological importance; and any area containing dense, mature, native '/egetation. Significant tT-CCS. 1\ "significant tree" shall be defincd as: (I) Twelvc inches in diameter or 37 inches in circumference measurcd f{)ur and one half fect abo'le ground; and (2) In good health; and (3) Not dctrimentalto the community (e.g., is not diseased, dying, or likely of falling into public open spacc or right of '/lay, etc. as detcrmincd by a licensed arborist or forester) or obscuring safe sight distancc requirements. Significant trees shall not include red alder, cottoO'Jlood, poplar or big lcaf maple. Silt or sediment means the soil particles mobilized and deposited by the processes of erosion and deposition. Single housekeeping unit means an individual or two or more individuals related by not more than four degrees of affinity or consanguinity and including persons under legal guardianship, or a group of not more than three persons who are not related by four or fewer degrees of affinity or consanguinity; provided, however, that any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). Single-use building means a building which contains one use. Small animals means dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.), foxes, bobcats and similar small wild animals. Ex:hibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 22 of65 Social service transitional housing means facilities other than offices and group homes as defined in this chapter, operated by a nonprofit social service agency, licensed as required by the state, providing temporary and transitional housing to individuals on an as-needed ba$is including, but not limited to, emergency shelters, homeless shelters, and other such crisis intervention facilities. This classification includes domestic violence shelters as defined herein, except that such shelters wherein the total number of residents does not exceed the maximum number allowed under the "family" definition may be permitted outright in all residential zones. (I) Type A: Maximum number of residents to be consistent with the maximum number of unrelated adults allowed under the zoning definition of family. (2) Type B: All social service transitional housing not meeting the definition of "Type A," above. Maximum number to be detennined on a case-by-case basis. The limitation on the number of residents in social service transitional housing shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(t)(3)(b). Special needs housing means housing not specifically defined by this chapter, and which will be processed under the classification most closely related to the proposed use, as detennined by the director of community development services. Specified anatomical areas shall mean the following: (I) Less than completely and opaquely covered human genitals, anus, pubic region, buttock or female breast below a point immediately above the top of the areola; or (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities shall mean any of the following: (I) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or (3) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether or not clothed, of oneself or of one person by another; or (4) Excretory functions as part of or in connection with any of the activities set forth in this definition. State Environmental Policy Act means Chapter 43.21 C RCW. Storm drainage means the movement of water, due to precipitation, either surficially or subsurficially. Story means the area of a structure between the floor and the horizontal supporting members of the ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area between that floor and the ceiling directly above is not a story. Stream means a course or route, formed by nature, including those which have been modified by humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its length, along which surface waters naturally and normally flow in draining from higher to lower elevations. A stream need not contain water year-round. In a developing setting, streams may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition is not meant to include irrigation ditches, stormwater facilities or other artificial watercourses unless they are used by resident or anadromous salmonid fish, or the feature was constructed to convey natural streams which existed prior to construction of the watercourse. Street means both of the following: (I) A public right-of-way. (2) A vehicular access easement or tract. Street providing direct vehicle access means the street from which a vehicle can enter the subject property without traversing another street or piece of property. In the case of a multiuse complex, the street providing direct vehicular access is the exterior street that borders the complex and not an internal street surrounded by the complex. ) Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 23 of 65 Structural alteration means any change in the supporting member of a building or structure. Structure means anything which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manrier. Structured parking means parking provided on more than one level and within a structure, either above- or below-grade. Structured parking shall not include a surface parking lot. Subject property means the entire lot or parcel, or series of lots or parcels, on which a development, activity or use is or will locate or on which any activity or condition regulated by or subject to this chapter is or will occur or take place. Support structure means any built structure, including any guy wires and anchors, to which an antenna and other necessary associated hardware is mounted. Support structures may include the following: (l) Lattice tower. A support structure which consists of a network of crossed metal braces, fonning a tower which is usually triangular or square in cross-section. (2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors. (3 ) Monopole. A support structure which consists of a single steel or wood pole sunk into the ground and/or attached to a concrete pad. (4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with certain conditions. Temporary personal wireless service facility means a personal wireless service facility which is to be placed in use for a limited period of time, is not deployed in a permanent manner, and does not have a permanent foundation. . Tenant improvement means any work, improvement or remodeling completely within the interior of a building necessary to meet the varied requirements of continuing or succeeding tenants. Threshold determination means the decision by the responsible official (the community development services director) whether or not an environmental impact statement (EIS) is required for projects that are not categorically exempt under the State Environmental Policy Act (SEP A). Topping means a pruning cut to the main stem of a mature tree. Such cuts can result in serious decay and/or forcing out growth of weakly attached upright sprouts below the cut. Topping also results in permanent alteration of tree architecture. For purposes of this chapter, topping shall be treated the same as tree removal. Topsoil means the uppermost strata of soil containing a large percentage of organic materials and which is capable of providing suitable nourishment for vegetation. Townhouse means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. See definition of "dwelling unit, townhouse." Trade school means a post-secondary institution that trains persons for qualification in specific trades or occupations, i.e., mechanics; construction trades such as carpentry, HV AC, and wiring; electronics repair and service including computers; plumbing; chefs and culinary training; upholstery; bartending. Traffic control devices means signs, signals, stripes and other mechanical or graphic items which control the flow, direction or speed of vehicular and pedestrian traffic. Tree means any self-supporting perermial woody plant characterized by one main stem or trunk of at least six inches in diameter measured four and one-half feet above ground, or a multi-stemmed trunk system with a definite crown. maturing at a height of a least 20' feet above ground level. Trees-Deciduous means trees that shed or lose their foliage at the end of the growing season. Trees-Evergreen means trees that retain their leaves for more than one growing season. Tree unit is a measurement to give value to the number of trees retained on a site. Table 22-XX 18.2 assigns tree unit credits based upon the size of the existing or newly planted trees. For new trees, tree Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 24 of 65 units vary depending on the size that the trees will reach at maturity (smaller size at maturity, fewer tree unit credits). Use means the nature of the activities taking place on private property or within structures thereon. Each separate listing under the "Use" column in FWCC 22-596 through 22-906 is a separate use. Vehicle service station means a commercial use supplying petroleum products that are for immediate use in a vehicle. Vehicle storage area means an outside area which is used for the storage and/or display of operational vehicles. Vehicular access easement or tract means privately owned land used and legally committed, through easements, plat restrictions or similar mechanisms, to providing access for vehicles and pedestrians to properties other than the property within the tract or easement. It may also provide space for utility lines and appurtenances and other devices and facilities benefiting nearby properties or the public. See definition of "ingress/egress and utilities easement." Waterward means toward the body of water. Well means a hole or shaft sunk into the earth to tap an underground supply of water. Welljield means an area containing two or more wells with overlapping zones of contribution that supply a public water system. Wellhead means the top of the shaft of a well or similar water extraction facility from which potable water is extracted. Wellhead capture zone means an area in which groundwater is calculated to travel to a pumping welL Capture zones are usually defined according to the time that it takes for water within a particular zone to travel to a well. Calculated capture zones usually only approximate actual capture zones as a result of assumptions required to conduct the calculation. Wellhead protection area (WHP A) means the surface and subsurface area surrounding a well or wellfield that supplies a public water system through which contaminants are likely to pass and eventually reach the water well(s) as designated under the Federal Clean Water Act. Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of Ecology publication No. 96-94) as set forth in WAC 173-22-080, as it exists as of November I, 1999, or as subsequently amended, will be used for identification and delineation of wetlands within the city. Although a site-specific wetland may not meet the criteria described above, it will be considered a regulated wetland if it is functionally related to another wetland that meets the criteria. Regulated wetlands means: (I) Those wetlands, as described below, which fall into one or more of the following categories: a. Category I wetlands meet one of the following criteria: I. Contain the presence of species or documented habitat recognized by state or federal agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or 2. Contain the presence of plant associations of infrequent occurrence, irreplaceable ecological functions, or exceptional local significance including but not limited to estuarine systems, peat bogs and fens, mature forested wetlands, groundwater exchange areas, significant habitat or unique educational sites; or 3. Have three or more wetland classes, one of which is open water. b. Category II wetlands are greater than 2,500 square feet in area, do not exhibit the characteristics of Category I wetlands, and meet one of the following criteria: I. Are contiguous with water bodies or tributaries to water bodies which under normal circumstances contain or support a fish population, including streams where flow is intermittent; or 2. Are greater than one acre in size in its entirety; or ) Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 25 of 65 3. Are less than or equal to one acre in size in its entirety and have two or more wetland classes, with neither class dominated by non-native invasive species. c. Category III wetlands are .greater than 2,500 square feet. in area and do not exhibit those characteristics of Category for (( wetlands. (2) See definition of "regulated lakes." Wholesale trade means a commercial establishment which sells to retail establishments. Zero lot line means the location of a building in such a manner that one or more of the building's sides rest directly on a lot line. Zones mean use zones as described in FWCC 22-596 through 22-906. Zoning map means the series of maps adopted by the city, and designated the official zoning map of the city, showing the geographical location of use zones within the municipal boundaries. (Ord. No. 90-43, * 2(3.10), 2-27-90; Ord. No. 90-51, ** 1,2,3-27-90; Ord. No. 91-87, ** 2 -4, 2-5-91; Ord. No. 91-92, * 4,4-16-91; Ord. No. 91-100, * 4, 64-91; Ord. No. 91-105, * 3, 8-20-91; Ord. No. 91-113, S 3,12-3-91; Ord. No. 94-223 * 3(A), 10-18-94; Ord. No. 95-245, 9 3(A), 11-21-95; Ord. No. 96-269, * 3, 6-18-96; Ord. No. 96-270, 9 3(A), 7-2-96; Ord. No. 97-295, * 3,5-20-97; Ord. No. 97-291, * 3,4-1-97; Ord. No. 97-296, * 3,6-17-97; Ord. No. 97-300, * 3, 9-16-97; Ord. No. 97-307, * 3,12-16-97; Ord. No. 99-337, * 2, 3-2-99; Ord. No. 99-347, * 3, 8-3-99; Ord. No. 99- 348,92,9-7-99; Ord. No. 99-353, * 3, 11-16-99; Ord. No. 99-357, 9 3, 12-7-99; Ord. No. 00-363,92, 1-4-00; Ord. No. 01-385,93,4-3-01; Ord. No. 02-424, * 3,9-17-02; Ord. No. 03-443, 9 3, 5-20-03; Ord. No. 04-457, * 3, 2-3- 04; Ord. No. 04-468, * 3, 11-16-04; Ord. No. 05-506, * 3, 10-18-05; Ord. No. 06-515, * 3,2-7-06; Ord. No. 06-533, * 5(Exh. A), 9-19-06; Ord. No. 07-545, 9 3(Exh. A), 1-2-07; Ord. No. 07-554, * 5(Exh. A(3)), 5-15-07; Ord. No. 07-559,9 3(Exh. A), 7-3-07) 22-33 Development application submittal requirements. (a) Generally. All projects which require a determination to be made as to whether a complete application has been submitted must at the minimum provide the information contained within this section. The submittal requirements are not intended to determine ifan application conforms to city of Federal Way codes. They are used only to determine if all required materials have been submitted. A code-related review will occur after a complete application has been submitted. (b) Contents. The following comprise the contents of a complete application for the purposes of this section: (I) Master land use application. (2) Application fees as set out in the adopted fee ordinance. (3) Copy of underlying plat or King County assessor's parcel map. (4) Statement of architectural design intent, finish materials, and colors sufficient to meet the intent of Article XIX, Community Design Guidelines. (5) Vicinity map. (6) Current letters of water and sewer availability (only required for vacant property). (7) Two copies of current title report for subject property. (8) Eight complete and bound sets of drawings. Minimum drawing set shall include a topographic survey, site plan, preliminary drainage and grading plan pursuant to FWCC 22-XXX4, preliminary tree/ vegetation retention plan pursuant to FWCC 22-XXX4; preliminary landscape plan, and building elevations. All submitted plans should be folded to 8-1/2 by 11. Maximum plan sheet size shall be 24-by- 36 inch. Further reductions may be requested for public hearing purposes. A list containing detailed requirements for the contents of each of these plans is available at the department of community development services. a. All plans must be drawn at an engineering scale with the entire site plan to fit on one sheet and allow all information to be readable. All plans except building elevation drawings must be at the same scale. b. Design drawings for building permits, including civil drawings, must be at an engineering scale of one inch represents 20 feet. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 26 of 6S c. If the development proposal has a value of $75,000 or greater, the site survey, site plan, preliminary drainage, grading, right-of-way plans, and building elevation plans shall be prepared by a certified professional licensed in the state of Washington. The survey shall be prepared by a certified land surveyor; and the site plan, drainage, grading, right-of-way plans, and building elevations by a certified architect or engineer. Regardless of the value of the development, landscape plans must be prepared by a Washington State licensed landscape architect. (9) Site photographs from each compass point (north, east, south, and west) must be referenced on the site plan. (10) Eight copies of the completed, signed, and dated SEPA checklist. (II) List of addresses of all property owners within 300 feet of the boundary of the proposed project (please refer to the city's bulletin titled "Procedures for Obtai Ring Mailing Labels"). (12) Stamped envelopes addressed to all property owners within 300 feet of the boundary of the proposed project, with return address of the City of Federal Way, Department of Community Development Services, 33530 First Way South, Federal Way, W,^.. 98003 (please refer to specific process, whether process III, IV, or V for the number of sets of envelopes to be prOVided). (13) Four copies of each special study that may be required (please contact the department of community development services to determine which studies are required for a specific project). Below are special studies that may be necessary with the site plan application. If special studies are required, please provide four copies. a. Level one downstream storm drainage analysis as described in the 1990 King County Surface Water Design Manual (KCSWDM) as amended by Federal Way. b. Detailed narrative on the relevance of the core and special requirements of the 1990 KCSWDM. c. Traffic impact analysis. d. Parking study. . e. Soil study. f. Geotechnical study. g. Wetland delineation and/or wetland mitigation plan. h. Stream delineation. i. Significant tree inventory and retention plan. (14) Any additional information or material that the director of community development services determines is reasonably necessary for a decision on the matter. (Ord. No. 97-291, * 3,4-1-97) ) Article XIII, Division 1, Supplementary District Regulations 22 962 Planting requirements (-or certain trees. (a) The f{)lIowing types of trees may not be planted closer than the listed minimum planting distance to rights of Via)' or sewers: - =frees Minimum Plantiag Distance {+} Ailadlus aItisinia (Tree of Heaven) ~ R) Gatalpa ~ (JJ Cottonwood 4()! (4j Juglamus nigra (Black Walnut) ~ ~ Platanus (Plane, Sycamore) 4()! W Populus (Poplars) 4()! (+t Salix (Willows) ~ Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 27 of 65 ~:::";.~ (S...weodJ f91 Ulmus (Elm) roimom P:tg D,,,,,oool (b) In addition to any other enforcement mecRanism or penalty contained within or authorized by this chapter, any person 'liolating this provision is respon3ible for any damage cal:lsed by the trce or trecs. (Ord. No. 90 13, ~ 2(115.110),2 27 90) Article XIII, Division 7. [FWRC Chapter 19.1201 Land Modifications Clearin2. Gradin2. and Tree and Ve2etation Retention 22 1091 Ceneral provisions. (a) General. The applicant shall comply 'Jlith this section with respect to all land surface modifications. The requirements of Chaptcr 22 FWCC, Article XIV, Critical Areas, shall govern fDr fill occurring in critical aquif-er recRarge arcasand '....ellhead protection areas. (b) Natl:lfe of fill matcrials. All materials used as fill must be nOndissolving and nondccomposing. Fill materials must not contain organic or inorganic matcrial that would be detrimental to water quality or existing habitat or crcate any othcr significant adverse impacts to the environment. (Ord. No. 90 13, ~ 2(115.75(1), (2)), 227 90; Oed. No. 90 77, ~ 3(115.75(\), (2)),12 II 90; Ord. No. 01168, ~ 3, I I 1601) 22 1092 Bonds. The city may require the follmving bonds for any land surface modification approved by or under this division: (1) A pcrformance bond to guarantee that the land surface modification will conform to city standards and requirements. (2) /\. maintenance bond for the stability of the work and the preservation of vegetation. (Ord. No. 90 13, ~ 2(115.75(5)),227 90; Oed. No. 90 77, ~ 3(115.75(5)), 12 II 90; Oed. No. 04 468, ~ 3, II 1604) 22 1093 Permitted outright. /\. land surface modification is pennitted only if it: (I) Has been approved as part of a valid development permit (except grading pennits issued under chapter 70 of the city's building code), subdivision, or substantial dcvelopmeRt permit; (2) Is fDr cemetery graves; (3) Is in a right of way and authorized in writing by the dircctor of the department of public wefks:. , (1) Is for mining, ql:larrying, exca'.'ating, proccssing, stockpiling of rock, sand, gravel, aggrcgate or clay 'Nhere a pennit has bccn issucd by the state department of natural rcsourccs; (5) Is for exploratory cxcavations under the direction of a profcssional engineer liccnsed in the state; provided, that the cxtcnt of thc land surface modification docs not cxceed the minimum neccssary to obtain the desired infDrmation; (6) Is fDr normal maintenance and rcpair of the facilities of a common carrier by mil in interstate commerce within its existing right of way; (7) Is for excavations for utility service connections to serve existing and/or new structures aad is outside any area that is within the jurisdiction of FWCC 22 1221 et seq.; (8) Is for actions which must bc undertaken immediately, or within a time too short to allow for coml'lliance with the pcrmit requircments of FWCC 22 1091, to a','oid an imminent threat to public health or safcty; to prevent an imminent danger to public or pri'late property; or to pr~'lent an imminent thrcat of serious environmental degradation. This detennination will be made by the director of community developmcnt; Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 28 of 65 (9) Is for the removal of o'/erhanging 'legetation and fire hazards or for removal of blackberry vines or dead, dangerous or diseased trees .....hen authorized by the building official; (10) Is for placement of fill on land oVlOed or controlled by the city; (11) Is an integral part of an ongoing agricultural or horticultural usc on the subject property; (12) Is conducted on property which contains a detached dwelling unit and which, because of the . size of the property or the location of the dwelling unit, cannot be further subdivided or divided; or (13) Complies with all of the follo'.'Iing criteria: a. The subject property contains a permanent building or an active use. b. The land surface modifieation will not change the points where the stormwater or groundwater enters or exits the subject property; and will not change the quality, quantity, or velocity of storm water or groundwater. c. The land surface modification is outside any area that is within the jurisdiction of F\VCC 22 1221 et seq. d. In anyone year period, not more than 100 cubic yards of fill material is deposited on, excavated and removed from or moved from place to place on the subject property. If the subject property is larger than one acr't'J, the limit is 100 cubic yards 'J:ithin each acre. e. No trees defined as significant trees willbo removed and no ','egetation will be removed if that vegetation 'Jlas feEll:iired to be retained by or through. any development permit issued under this chapter or any prior zoning code. f. If the subject property is two acres or larger and has 20 percent or more of its area covered with native vegetation, the land surface modification will not remove more than 20 percent of that native vegetation. The limitations of this subsection apply to all land surface modification on the subject property over time. g. The land surface modification will not result in more than a t',1/0 foot increase or one foot decrease in the average ele'/ation of the stibject property, computed using the elevation of the midpoint of each property line. (Ord. No. 90 13, ~ 2 (115.75(3)), 22790; Ord. No. 90 77, ~ 3 (115.75(3)), 12 11 90; Ord. No. 04 468, ~ 3, 11 16 01) ) 22 1094 Discretionary approval. (a) Generally. ,\ larid surface modification that does not meet the requiremcnts ofFWCC 22 1093 may be approved through process m. (b) Required information. In addition to the application material requircd in process III, FWCC 22 386 et seq., the applicant must submit the following: (1) A recent survey of the subject property. (2) ^ map sho.....ing the limits of the proposed land surface modification; the location of utilities, easements, right of way improvements and any area regulated under FWCC 22 1221 et seq. that is on or within 100 feet of any area to be disturbed by the proposed land surface modification. (3) 1\ tree retention plan. (1) f.n erosion. contmllconstrnctioR phase stormv/ater control plan. (5)_^ soils report .....hich contains sufficient infonnation to determine the potential impacts of the pmposed land surface modification, as well as proposed measures to reduce or eliminate these impacts, all as determined by the city. (c) Decisional criteria. The city may appro'le the proposed land surface modification if it complies '/lith the following criteria: (I) Except as allowed under this chapter, it will not alter or adversely affect streams, lakes, wetlands or significant trees, either on or ofhhe subject property. (2) It will n.ot ...iolate any express policy of the city. (3) It meets at least one of the following criteria: a. It is necessary to correct an crosion or drainage problem on an undeveloped site. b. It is necessary to create flew utility or access corridors. Exhibit A - Proposed Clearing. Grading, and Tree Retention Code Amendments - 02/26/2009 Page 29 of 65 c. Other I:lnusual circumstances exist which make it r-easonable to permit land surface modification in advance of the issuance of a dC'.'elopment permit, subdivision or short subdivision appraval or shoreline substantial d€J'/elopment pennit. (Ore. No. 99 13, ~ 2(115.~5(1)), 227 90; Ord. No. 90 77, ~ 3(115.75(1)),12 II 90; Ore. No. 00 375, ~ 23,2000; Ord. No. 01168, ~ 3, II Hi 01) 22 1095 Tree and plant restoration. If, during tne land surface modification, any tree required to be retained or planted is damaged or dcstroycd, the applicant shall fllant a tree of the same species at least five inches in diameter, as measured six inches about the top of the root ball if deciduous and at least 17 feet high if coniferous, in the immediate ','icinity of the damaged or destroyed tree. The city may rcquire the applicant to remove the damaged or destroyed tree. In addition, if the land surface modification destroys groundeover or sh.-ubbcf)', the applieant shall hydrosced the bare soil and plant sh.-ubs at least 21 inches ill height in the immediate vicillity of the damaged or destroyed'/cgetation. (Ord. No. 90 13, ~ 2(115.75(5)),2 2799; Ord. No. 90 77, ~ 3(115.75(5)),12 11 90; Ore. No. Q1168, ~ 3, II Hi 01) Division 1. Purpose. Applicability. and Application Requirements 22-XXXl Purpose. The purpose of this Article is: (l) To promote the public health. safety, and welfare of the citizens of Federal Way without preventing the reasonable development of land. (2) To promote building and site planning practices that are consistent with natural topography. soils. and vegetative features. and minimize disturbance to vegetation and soils. (3) To preserve and enhance the city of Federal Way's physical and aesthetic character by preventing untimely and indiscriminate removal or destruction of trees and vegetati~n and preserving important landscape characteristics that define aesthetic character, such as trees. important vegetation species, and unique landforms or other natural features to the maximum extent possible. (4) To establish and maintain the urban tree canopy and its benefits including: i. Moderating the effects of wind and temperature; ii. Minimizing the impacts of impervious surfaces; iil. Stabilizing and enriching the soil; . iv. Improving air quality; v. Improving water quality; vi. Masking unwanted sound; vii. Providing visual relief and screening buffers; viii. Providing recreational benefits; ix. Enhancing the economic value of developments; and x. Preserving and enhancing a valuable asset to the community as a whole. (5) To encourage site development, including clearing, excavation. and filling. in such a manner as to minimize hazards to life. health, and property. (6) To minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation. or turbidity in streams. lakes. or other water bodies. (1) To minimize the need for additional storm drainage facilities. (8) To protect fish, wildlife. and their habitats by promoting the retention and restoration of vegetation in' habitat areas. (9) To insure prompt development, restoration. replanting. and effective erosion control of property after land clearing and grading. 22-XXX2 Applicabilitv. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02126/2009 Page 30 of 65 (a) This article shall not apply to development proposals that submitted a complete application prior to the effective date of Ordinance 09-XXX. (b) Clearing and Grading Plan Approval Required. No person, shall remove any trees. make changes or cause changes to be made in the surface of any land by clearing, grading, filling. or drainage alteration in the city of Federal Way without first obtaining approval of a clearing and grading plan by the director; except for those activities that are exempt as described in FWCC 22-XXX3. (c) Tree and Vegetation Retention Plan Approval Required. No person shall remove any trees on a site without first obtaining approval of a tree retention plan by the director; except for those activities that are exempt as described in FWCC 22-XXX3. (d) Application Review Process (l) Activities requiring clearing and grading plan approval; tree and vegetation retention plan approval; and/or Class IV -General forest practices application shall be reviewed and approved in coni unction with the underlying building or land development permit application associated with the proposed activity(ies). (2) Proposed clearing, grading, and/or tree and vegetation removal activities that are not associated with a proposed building or land development activity. nor exempt per FWCC 22-XXX3, may be approved through Process III, subiect to the following criteria: (i) Except as allowed under this chapter. it will not alter or adversely affect streams. lakes, wetlands, or geologically hazardous areas. either on or off the subiect property. (ii) It will not violate any express policy of the city. (iiD It meets at least one of the following criteria: a. It is necessary to correct an erosion or drainage problem on an undeveloped site. b. It is necessary to create new utility or access corridors. c. Other unusual circumstances exist which make it reasonable to permit clearing, grading. and/or tree and vegetation removal in advance of the issuance of a development permit. subdivision. or short subdivision approval. or shoreline substantial development permit. 22-XXX3 Exemptions. Nothing in this section shall be interpreted to allow clearing, grading, and/or the removal of trees or other vegetation within sensitive areas or sensitive area buffers where prohibited under FWCC Chapter 22, Article XIV. Critical Areas. or in designated native growth protection areas. The following actions shall be exempt from the provisions of this article: (I) Digging and filling for cemetery graves. (2) Clearing and grading in a right-of-way authorized in writing by the director of the department of public works for pothole and square cut patching; overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage; shoulder grading; reshaping/regrading drainage systems; crack sealing; resurfacing with in-kind material without expanding the road prism; and vegetation maintenance. (3) Mining, quarrying, excavating, processing, stockpiling of rock, sand. gravel. aggregate, or clay where a permit has been issued by the state department of natural resources. (4) Exploratory excavations under the direction of a orofessional engineer licensed in the state; provided that the extent of the clearing and grading does not exceed the minimum necessary to obtain the desired information. (5) Normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right-of-way. (6) Excavations for utility service connections to serve existing and/or new structures and that is outside any area that is within the iurisdiction of FWCC 22-1221 et seq. (7) Actions which must be undertaken immediately, or within a time too short to allow for compliance with the requirements of this article, to avoid an imminent threat to public health or safety; to Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 31 of65 prevent an inuninent danger to public or private property; or to prevent an imminent threat of serious environmental degradation. This detennination will be made by the director. (8) Clearing and grading actions that are an integral part of an ongoing agricultural or horticultural use on the subiect property. (9) Tree and vegetation removal actions conducted on a residential lot that contains a detached dwelling unit together with any contiguous lots under the same ownership that are being maintained for the use and enjoyment of the homeowner that comply with the following criteria: a. Any trees or vegetation removed must be outside any area that is within the jurisdiction of FWCC 22-1221 et seq. b. No trees or vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code. c. Tree and vegetation removal will not change the points where the stormwater or groundwater enters or exits the subiect property and will not change the quality, or velocity of stormwater or groundwater. d. Trees with a diameter at breast height (dbh) of up to six inches and vegetation may be removed without city review and approval if criteria a-c contained in this section are met. e. Trees with a dbh of six inches or greater may be removed subiect to the minimum tree units per acre standard established by Table 22- XX 18.1 and subiect to criteria a-c of this section, f. Removal of trees with a dbh of six inches or greater that will result in the subject property falling below the minimum tree units per acre standard per Table 22-XXI8.1 shall require planting of replacement trees as necessary to meet the minimum tree units per acre standard. or the existing tree units per acre represented by the trees proposed for removaL whichever is less. g. Hazard trees and nuisance vegetation may be removed without city review and approval if criteria a-c contained in this section are met. (10) Clearing and grading actions that comply with all of the following criteria: a. The subiect property contains a permanent building or an active use. b. The clearing or grading activity will not change the points where the stormwater or groundwater enters or exits the subiect property. and will not change the quality or velocity of stormwater or groundwater. c. The clearing or grading activity is outside any area that is within the iurisdiction of FWCC 22-1221 et seq. d. Grading. filling. and excavation totals less than 100 cubic yards. Quantities of excavation and fill are calculated separately and then added together to determine total excavation and fill. e. No trees or vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code. (II) Routine maintenance of trees and vegetation necessary to maintain the health of cultivated plants. Topp~ng of trees as defined in FWCC 22-1 is considered tree removal. not maintenance. (12) Removal of overhanging vegetation and fire hazards. or removal of invasive species. hazard trees. nuisance vegetation. or dead. dangerous, or diseased trees when authorized by the director or his/her designee. (13) Removal of trees in easements and rights-of-way for the purposes of constructing public streets and utilities. Protection of trees shall be a major factor in the location, design, construction. and maintenance of streets and utilities. These activities are subiect to the purpose and intent of this division. (4) Removal of trees on sites zoned City Center-Core (CC-C) and City Center Frame (CC-F). 22-XXX4 Application requirements. (a) In addition to the requirements of FWCC 22-33, a clearing and ~ding plan shall be submitted and include the following information: (I) Name of person preparing the map. drawing or diagram submitted with the application. along with credentials if applicable. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 32 of65 (2) Identification of existing slope depicting: areas with 0% to 15% slope; areas with 15% to 40% slope; and areas of 40% or greater slope. (3) Proposed grades. (4) Location of all existing and/or proposed structures, driveways. right-of-way improvements. utilities, and easements on the subiect property. (5) Designation of all wetlands. streams. and other critical areas regulated under FWCC 22-1221 et seq. that is on or within 200 feet of any area to be disturbed by the proposed clearing and/or grading action. (6) Areas proposed for clearing and the proposed use for such areas. (1) Any proposed grade changes that might adversely affect or endanger trees on the property and/or adiacent properties. and specifications to maintain them. (8) A minimum of two cross sections of the site, drawn to scale. depicting the existing and proposed grade and any proposed rockeries and/or retaining walls. The director may also require a three- dimensional topographic model of existing and proposed topographic conditions. (9) Location and description of proposed erosion-control devices and structures. (10) A geotechnical report. prepared by a geotechnical engineer. when required by the director and/or per critical area ordinance provisions for qualified professional reports that contains sufficient information to determine the potential impacts of the proposed clearing and grading, as well as proposed measures to reduce or eliminate these impacts. as may be required by the city. (b) When a tree/vegetation retention plan in accordance with this article is required, it shall be incorporated into the clearing and grading drawings and shall become part of all construction documentation. The tree/vegetation plan must be prepared bra certified arborist or a certified landscape architect and include the following information: (I) A statement outlining the purpose of any proposed tree removal (e.g. building construction, street or roadway, driveway. recreation area, patio. or parking lot). together with a proposed timetable for when the work will occur. (2) A tree survey that identifies the location. approximate size. species. and number of trees on the site and also identifies the general location of trees within 50 feet of the site. For heavily forested sites, the director may allow a tree survey sample to be submitted that may be applied to the forested portions of a site in order to satisfy the tree survey requirement. (3) A depiction of the spatial limits for tree/vegetation retention areas and details of tree/ vegetation protection measures. (4) A depiction of any new vegetated areas to be established. (5) The manner in which the cleared areas on the property will be reclaimed with vegetation. specification of any required mitigation plantings. and a timetable for replanting. 22-XXX5 Modifications. fa) Purpose. The'purpose of this section is to provide a process for requesting modification from the general standards. specified in this article. The director shall have the authority, consistent with the criteria provided herein, to modify specific requirements. or impose additional requirements in unique or special circumstances to assure the fulfillment of the stated purposes of this article. The applicant must demonstrate one or more of the following in order to obtain approval of a modification request: (I) There are no feasible and reasonable alternatives to the clearing. grading or tree/vegetation removal activity being proposed; (2) The proposed modification will result in the same or less impacts than meeting the standards; (3) The proposed modification will meet or exceed the intent of this article. (3) Meeting the standards would create an unacceptable risk to health or safety. (b) Modification submittal requirements. A request for modification shall: Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/2612009 Page 33 of 65 (l) Be submitted in the same form and according to the same terms as the required clearing and grading and/or tree and vegetation retention plan documents of this article and subiect to the same enforcement requirements: . (2) Be clearly labeled as "Clearing and Grading, and/or Tree and Vegetation Retention Modification Plan": and (3) Clearly delineate and identify the deviations requested from the provisions of this article. 22-XXX6 Review and approval of dearin2. 2radin2. and tree/ve2etation retention plans. (a) Review of plans required under this article shall be conducted as follows: (l) Where clearing and grading plans and/or tree and vegetation retention plans are required, the plans and/or application shall be reviewed by the departments of public works and community development services. (2) Where the city determines that clearing and grading plans and/or tree and vegetation retention plans shall also be reviewed by the city's consultant(s), the applicant shall cover the cost of the third party review. (3) Where proiect sites contain or are adiacent to electrical substations. utility rights-of-way and/or easements, the applicant must also obtain written comment from the appropriate utility representative(s) for any required clearing, grading, or tree/vegetation retention plans. (b) Approval and Notice to Proceed shall be required prior to undertaking any clearing. grading, and/or tree and vegetation removal actions pursuant to the requirements of this section. Approval and Notice to Proceed shall not be issued until the applicant can demonstrate readiness to proceed with the site development work and the ability to complete such work in a timely manner. The following will be considered in determining readiness: (l) The applicant shall have received engineering plan approval for erosion control and construction of required on-site infrastructure including, roadways and stormwater facilities as allowed by the public works director. and: (2) The applicant shall have received approval of a proposed proiect timeline that demonstrates how site development work and revegetation of the site shall be completed per approved revegetation and landscaping plans within 12 months of commencement of site work. (3) Proiects that will not be completed within 12 months of initial clearing, grading, and tree/ vegetation removal activity shall be required to submit plans for interim aesthetic treatment of the site in its cleared and non-developed state that shall be subiect to review under section (a) of this section. Methods for addressing site aesthetics in cases where a proiect will not be completed within a 12 month period shall include: (i). Phased clearing. grading, and tree/vegetation removal in coniunction with phased site development as follows: a. Phased clearing, grading, and tree/vegetation removal shall be considered for all proiects that will not be completed within 12 months of. and up to 5 years from, commencement of clearing. grading and tree/vegetation removal activity. b. Phased clearing. grading and tree/vegetation removal shall be required for all proiects that will not be completed within five years of commencement of clearing. grading and tree/ vegetation removal activity. (iii). Installation of permanent vegetation per approved plans in cases where vegetation can become established and will not be harmed during completion of site work and building construction. (iv) Temporary revegetation and/or vegetation retention per an approved plan that provides visual screening of the site from neighboring properties and rights-of way. (c) Approval of plans under this article shall be binding upon the applicant. Any proposed changes to approved clearing, grading, and/or tree and vegetation retention plans shall be resubmitted for review and approval subiect to the applicable review process(es) associated with the permit(s) required. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 34 of 65 Division 2. Clearine and Gradine Reeulations 22-XXX8 General provisions. (a) General. The applicant shall comply with this section with respect to all clearing and grading actions. The requirements of FWCC Chapter 22, Article XIV. Critical Areas, shall govern for proposed clearing and grading actions occurring in all critical areas. (b) Nature of fill materials. All materials used as structural fill must be nondissolving and nondecomposing. Fill materials must not contain organic or inorganic material that would be detrimental to water quality or existing habitat. or create any other significant adverse impacts to the environment. 22-XXX9 Clearin2 and 2radinl!: and land disturbance limits. (a) Clearing and grading activities for developments shall be permitted in coniunction with an approved site development plan (e.g. subdivision approval. site plan approvaL etc.) that establishes permitted areas of clearing, grading. cutting, and filling. Permitted clearing and grading areas should minimize removal of existing trees and minimize the disturbance or compaction of native soils. except as needed for building purposes. Permitted clearing and grading areas and any other areas required to preserve critical or sensitive areas. buffers. native growth protection easements. or required tree retention areas shall be delineated on the site plans. (b) Prior to beginning clearing and grading activities. aU clearing limits. sensitive areas and their buffers. and trees and vegetation that are to be preserved within and adiacent to the construction area shall be clearly marked. and protected per FWCC 22-XX21. to prevent damage. 22-XXIO Aesthetics. (l) All natural vegetation shall be retained on the site except that which may be removed as shown on approved engineering plans. (2) Clearing and grading shall minimize impacts to adjacent properties. and clearing. grading, and vegetation retention plans shall include protection measures for existing vegetation located on adjacent properties. (3) If development is to be phased, clearing and grading shall also be phased unless an alternative plan for interim aesthetic treatment of the development site has been approved under FWCC 22- XX6(b)(3). ( 4) Roads should follow existing contours in order to minimize grading. (5) Development on sites with areas of slopes of 15% or greater shall comply with FWCC 22- XXI6. Development of sites with slopes of 15% or greater. in order to minimize grading and use of rockeries and retaining walls. Slopes are to be measured in their natural state. ) 22-XX15 Cut and fill slopes. Cut and fill" slopes shall be designed and constructed in a manner that will minimize erosion. In addition, slopes shall be stabilized in accordance with the requirements of this section. The applicant shall: (a)Umit the maximum gradient of artificial slopes to no steeper than 33% or 3: I (three (3) feet of horizontal run to one (I) foot of vertical fall] except that: (i) slopes for roadways may be constructed at a maximum slope of 2: I [two (2) feet of horizontal run to one (l) foot of vertical fall] upon approval of the director and (ii) slopes that do not exceed 6 feet in height may be constructed at a maximum slope of 2: I (two (2) feet of horizontal run to one (I) foot of vertical fall]. (b) Cut and fill slopes shall be designed and constructed in a manner consistent with the applicable requirements of the King County Surface Water Design Manual as amended by the City of Federal Way and FWCC Chapter 21. Surface and Stormwater Management. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 35 of65 22-XX16 Clearin2 and 2radin2 standards for sites with slopes of 15% or 2reater. (a) The provisions of this section shall apply to development in areas with slopes of 15% or greater and with a vertical relief of 6 or more feet and a vertical rise of 6 feet or more for every 40 feet of horizontal distance. The provisions of this section are intended to specifically promote the following: (I) Undertake development in a manner that will protect life and property from hazards due to slope. unstable and erodible soils, earth movement, and other geologic and hydrologic hazards; (2) Reduce potential for increased erosion, sedimentation, and surface runoff. and the resulting adverse impacts on water quality; (3) Promote a safe means of ingress and egress for vehicular and pedestrian traffic in sloped areas; (4) Preserve the visual quality of sloped areas, which are a valuable natural and economic resource; and (5) Encourage innovative and imaginative site development techniques to create structures and site plans that are suited to sloped terrain. For example. tuck-under garages and daylight basements are encouraged to integrate homes into existing topography and minimize grading (see Figure 22-XX). (b) Sites containing or within 25 feet of slopes of 40% or greater (steep slope hazard area) and/or sites with erosion, landslide, and/or seismic hazard areas are also subject to the requirements of Article XIV. Critical Areas. (c) These standards do not apply to isolated slope areas that are less than 5,000 square feet in land area. For purposes of this provision, the entire contiguous area with slopes measuring 15% or greater shall be included in the minimum size calculation regardless of the number of individual lots or different land ownerships involved. (d) Residential land divisions on sites with slopes of 15% or greater are encouraged to implement the following standards in order to minimize clearing and grading necessary to support development on individual lots. (l) Lot size averaging may be utilized for residential land divisions on sites that contain areas with slopes in excess of 15% as well as areas with slopes less than 15% as follows: (i) More steeply sloped portions of a site shall have larger lots resulting in a reduced percentage of lot disturbed for construction. In no case shall any lot created with a slope of 15% or greater be less than the minimum lot size of the underlying zoning district. (ii) Reduced lot sizes may be allowed within the portions of the site that are less than 15% slope. Minimum lot size may be reduced to by up to 50% of minimum lot size requirement of the underlying zoning designation, but in no case less than 5,000 square feet for each single family residential building lot. and nQ less than 1800 square feet for each small lot single family or zero lot line townhouse lot. (iii) The maximum allowable density of the underlying zoning district shall not be exceeded for the overall development for which lot size averaging is being applied. (2) As an alternative to. lot size averaging, cluster development may be employed. pursuant to FWCC 20-154, in order to limit disturbance of sloped areas of a site. Cluster develooment should be employed where this option will result in successful retention of mature tree canopy and native vegetation. (e) Grading plans for residential land divisions shall show that each parcel created by the land division is a suitable building site and show the following on the plan drawings: (i) Setbacks; (ii) Driveways; (iii) Proposed building envelope; and (iv) Usable rear yard area a minimum of 10 feet deep. (f) Front yard setbacks for single family residential development on lots with a slope of 15% or greater may be applied in a flexible manner where such application will protect slopes and natural Exhibit A - Propose9 Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 36 of 65 features from development encroachments. However. a minimum front yard setback of 10 feet must be maintained in all cases. and a minimum 20 foot setback shall apply to garages. unless the garage and driveway are oriented in such a way as to provide minimum 20 feet length of parking area in front of the garage within the property boundaries. 22-XX17 Rockeries and retainin2: walls. (a) When incorporating rockeries and retaining walls into site design. the applicant shall work with the site topography in order to minimize the need for rockeries and retaining walls. When rockeries and/or retaining walls are utilized, the following standards shall apply: (I) For single-family residential lots. rockeries and retaining walls shall be: (i) A maximum of six feet in height as measured from finished grade at base of wall to top of walL (ii) Composed of brick, rockerv. textured or patterned concrete, or other masonry product that complements the proposed building and site development. Other materials may be used with the approval of the community development services and public works directors. (tii) There shall be a minimum setback of one foot for every foot in rockery or retaining wall height between the rear of a residential building and any rockerv or retaining wall, provided that a useable space equal to the rear yard setback must always be maintained. (2) For detention/retention ponds. rockeries and retaining walls shall be a maximum of six feet in height as measured from finished grade at base of wall to top of wall around the detention/retention pond. 0) For commercial and multifamily lots, rockeries and retaining walls shall be: (i) A maximum of six feet in height as measured from finished grade at base of wall to top of wall. (ii) There shall be a minimum three-foot landscaped setback at the base of each rockery or retaining waiL (4) The width of the terrace between any two vertical rockeries and/or retaining walls shall be a minimum of five horizontal feet to allow for landscaping and maintenance. (5) Terraces created between rockeries and/or_retaining walls shall be permanently landscaped and revegetated with Type III landscaping as specified in FWCC 22-1565(c). (6) Rockeries and retaining walls shall be set back a minimum of three feet from adiacent public rights-of-way. The area between the right-of-way and the retaining wall shall be landscaped and maintained per applicable standards in FWCC Article XVII, Landscaping. If private agreements are reached with utility companies and written documentation is provided to the city, and a minimum three- foot wide planting buffer can be established and maintained to screen the wall from view. retaining walls can be located to the back of the right-of-way as determined by the community development services and public works directors. (7) Rockeries and retaining walls visible from a public right-of-way or adiacent property shall be composed of rock. brick. or other textured/patterned wall styles as approved by the planning and public works director. Rockeries and retaining walls shall be landscaped in accordance with the applicable standards in FWCC Article XVII. Landscaping. ) Division 3. Tree and Ve1!etation Retention Requirements 22-XXI8 Tree and vC1!etation retention standards. (a) Retention required. Existing trees and vegetation in good health, and not considered to be invasive species. shall be retained on the subiect property to the maximum extent possible in all developments as follows: Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02126/2009 Page 37 of65 (I) Site and building development shall take into consideration the location of existing stands of healthy trees both on site and on adiacent properties. Where safe and feasible, the meandering of streets and/or sidewalks around existing stands of trees is encouraged. (2) Minimum Tree Density - New Uses on Vacant or Redeveloping Parcels. The tree density requirements will be met primarily through the conservation of existing trees. However, in order to provide for continued flexibility in the design of new development, in those situations where a development's design would preclude the retention of the required number of trees. the use of replacement or supplemental tree planting is authorized. The minimum tree density for each land use designation is specified in Table 22-XX 18.1. (3) Sites with Insufficient Tree Cover. It is recognized that some sites may not contain a sufficient number of existing trees to meet the tree density standards set forth in Table 22-XX 18-1. In those situations, additional trees are to be planted as necessary to achieve the minimum tree density requirements of this section. Modification of the requirements of this subsection ((a)(3)) may be obtained under 22-XXX5. (b) Tree density requirements. All regulated activity shaH ensure that the following tree densities shall be achieved and maintained during and after development: Minimum Tree Densitv Requirements for Vacant or Redevelopine: Sites (Table 22-XX18.1) Land Use Desie:nation Required Tree Unit Densitvl! BC. BN, CEo OP. PO 20 tree units/acre SF Residential zones 25 tree units/acre RM 1800. RM 2400. RM 3600 30 tree units/acre (c) Calculation of the total tree units required. The total number of tree units required to be provided by a regulated activity shall be calculated by multiplYing gross site acreage. minus any proposed public or private streets and regulated critical areas (excluding buffers) determined by Federal Way to be undesirable for tree planting (e.g., certain wildlife habitat and wetlands). by the required tree density (in tree units per acre) set forth in Table 22-XXI8.1. The result of the calculation will be the total number of tree units required for the activity. [fthe calculation results in a fractional quantity. it shall be rounded up to the next higher whole number. (d) Tree unit credits. The number of tree unit credits given for retaining existing trees, or the planting of new trees. varies in order to encourage the retention of large existing trees and the planting of replacement trees that provide greater canopy areas at maturity. Tree unit credits for the retention of existing trees and the planting of new trees shall be awarded as follows: Tree Unit Credits (Table 22-XXI8.2) Existine Tree Catel!:orv Tree Unit Credit Existing Tree I" to 6" d.h.h. 1.0 tree units ocr tree retained Existinl!: Tree >6" to 12" d.h.h. 1.5 tree units per tree retained Existing Tree >12" to 18" d.h.h. 2.0 tree units per tree retained Existing Tree >18" to 24" d.h.h. 2.5 tree units oer tree retained I Trees that are damaged. diseased. are a hazard or nuisance or invasive species shall not be credited towards satisfying the tree units per acre requirement as noted in Table 22-XX IB.I. Proyided. at the discretion of the City. damaged or diseased or standing dead trees may be retained and counted toward the tree requirement. if it is demonstrated that such trees will provide important wildlife habitat and are not classified as dangerous trees. 2 Trees located within critical area buffers shall be credited towards satisfying the tree units per acre requirement as noted in Table 22-XXIB.I. Critical area buffers shall comply with the requirements set forth in Chapter 20. Article XIV. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 38 of 65 Existing Tree> 24" d.b.h. 3.0 tree units oer tree retained Reolacement Tree Cate1!o", Reolacement Tree. Small Canopy Species (Mature canopy area < 450 SF) .50 tree units per tree planted Replacement Tree. Medium Canopy Species (Mature canopy area 450 to 1.250 SF) 1.0 tree units per tree planted Replacement Tree. Large Canopy Species (Mature canopy area> 1.250 SF) 1.5 tree units per tree olanted (e) Tree retention requirements - expansion of existing uses. Expansion of existing commercial. industrial. and multi-family properties which do not conform to the tree density requirements of this Chapter shall be subiect to the following tree conservation requirements whenever such expansion would result in a greater than a 10% or 500 square foot increase in the size of the existing building footprint or associated impervious areas (parking lots. storage areas. etc.), whichever is less: (I) A minimum of one tree unit shall be provided for each 500 square feet of building expansion or new construction: and (2) A minimum of three tree units shall be provided for each tree unit removed. up to a maximum of25 tree units per acre. (f) No clearing, grading, or other approvals for vegetation removal at a site shall be approved until such time as the city of Federal Way has approved any associated landscaping or tree retention plans. (g) Tree and vegetation retention areas shall be protected during construction through application of the standards contained in FWCC 22-XX21, Tree Protection During Construction. 22-XX19 Off-site miti2ation and fees paid in lieu. Where an applicant cannot provide for the minimum required tree units per acre on-site: off-site mitigation or a fee-in-lieu payment into the city's urban forestry account may be approved by the director. (a) Where off-site mitigation is utilized. the remaining balance of required tree units must be planted at an off-site location approved by the director. Where the site is city-owned property, the public works and/or parks department must also approve the tree planting. Acceptable off-site locations. in order of priority. are as follows: (l) Publicly owned land in the city of Federal Way including but not limited to: environmentally sensitive areas; regional stormwater facilities: or wildlife corridors. Similar lands owned by nonprofit entities that are reserved in open space also qualify. (2) Publicly owned parks or recreational facilities within the city of Federal Way. (3) Other mitigation or restoration sites managed by other public entities or private conservation groups. (4) Public school sites within the city of Federal Way. (5) Other sites proposed by the applicant, when it is documented that higher priority sites are not available or viable. (b) Where a tree replacement fee is utilized. a tree replacement fee paid into the city's urban forestry account may be approved by the director. The fee shall be established based on the number of tree units being satisfied as follows: (l) Each tree unit shall represent one replacement tree. The fee for each replacement tree shall cover the cost of a tree, installation (labor and equipment). maintenance for two years, and fund administration. (2) A separate urban forestry account shall be established by the city for fees collected. Tree replacement fee receipts shall be earmarked specifically for this account and shall be expended only for the planting of new trees in city-owned parks. open spaces, or rights-of-way. } 22.XX20 Replacement tree species and minimum size requirements. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 39 of 6S (a) Where tree replacement is required in order to achieve minimum tree units per acre, the replacement trees shall consist of a mix of evergreen and deciduous trees. suitable to specific site conditions. (b) Replacement tree species shall be selected from a list of approved tree species maintained by the department of community development services. All species listed are suited to the climate conditions found in the Pacific Northwest. The list is for guidance only and is not intended to be all-inclusive. Other tree species may be utilized where appropriate when recommended by a professional forester. certified arborist. or licensed landscape architect. (c) Size of replacement trees. Replacement trees shall be evergreen trees a minimum of six feet in height and deciduous trees with a minimum two inches caliper. 22-XX21 Tree and ve1!etation protection durin2 construction. (a) No clearing shall be allowed on a proposed development site until the tree retention and landscape plans have been approved by the city of Federal Way. (b) A no disturbance area shall be established for each tree to be protected. The no disturbance zone shall be equal to the critical root zone which is defined as 12 inches radius for every one inch of tree diameter measured at four and one-half feet above ground. Any other no disturbance area proposed by the applicant shall be determined by a qualified arborist and subiect to review and approval by the director. (c) The no disturbance zone shall be identified during the construction stage with: I. A temporary five-foot chain-link fence; and 2. Tree protection signage attached to the fence which reads "TREE PROTECnON FENCE _ No soil disturbance, parking, storage, dumping, or burning of materials is allowed within the Tree Protection Fence." (d) No soil disturbance, parking, storage, dumping. burning of materials, impervious surfaces, fill. excavation. or storage of construction materials shall be permitted within the no disturbance area; (e) If the grade level around the tree is to be raised by more than one foot. a rock well shall be constructed. The inside diameter of the rock well shall be equal to the diameter of the tree trunk plus 10 feet. Proper drainage. and irrigation if necessary, shall be provided in all rock wells. (f) The grade level shall not be lowered within the larger of the drip line of the tree(s) or the critical root zone of the tree(s). (g) No trenching is allowed in any critical tree root zone areas. (h) No installation of any impervious surfaces is allowed in critical root zones. Where road or sidewalk surfaces are needed within critical root zones, unmortared porous pavers or flagstone (rather than concrete or asphalt) may be used. Boardwalks or bridging may span root zones without harming the tree roots. (i) Tree protection areas (i.e. critical root zone) must be prepared to better withstand the stresses of the construction phase by, if necessary, fertilizing, pruning. and mulching around them well in advance of beginning any construction activities. (j) Alternative protection methods may be used if accepted by the director to provide equal or greater tree protection. (k) Encroachment into the no disturbance area may be allowed where the director determines encroactunent would not be detrimental to the health of the tree. 22-XX22 City forestry account. (a) Funding sources. All civil penalties received from enforcement actions under this division and all money received pursuant to FWCC 22-XX 19 shall be used for the purposes set forth in this section. In addition. the following sources may be used for the purposes set forth in this section: (I) Sale of trees or wood from city property where the proceeds from such sale have not been dedicated to another purpose; (2) Donations and grants for the purposes of the fund; and Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 40 of 65 (3) Other monies designated by the city council. Fundin u oses. The cit shaH use mone received ursuant to this section for the follow in purposes: (I) Acquiring, maintaining. and preserving wooded areas within the city: (2) Planting and maintaining trees within the city: (3) Urban forestry education: or (4) Other purposes relating to trees as determined by the city council. Division 5. Performance Assurance. Maintenance and Enforcement 22-XX31 Revel!etation. Development sites shall be revegetated and landscaped as soon as practical after completion of. clearing and grading work. in accordance with a revegetation plan established by a tree retention and/or landscape plan, approved by the director or his/her designee. (a) A permanent revegetation plan. utilizing vegetation that is known to have a high natural survival rate, shaH be implemented consistent with city of Federal Way landscaping and tree and vegetation retention and replacement requirements. b Where ermanent reve etation measures are not in lace within seven da s in the d season and two days in the wet season. the applicant shall provide temporary revegetation or stabilization measures in accordance with the recommendations of the latest edition of ecology's stormwater management manual for Western Washington, and maintain such measures in good condition until the permanent revegetation measures are installed and inspected by the city of Federal Way. c Where ermanent reve etation measures are not in lace within 12 months of com letion of clearing and grading work the applicant shall be required to submit a plan for director approval that outlines interim measures for revegetation and aesthetic treatment of the site per FWCC 22-XXX6(b)(3). Failure to submit a plan for interim measures as reQuired by FWCC 22-XXX6(b)(3) shall result in the application of compliance and enforcement measures per FWCC 22-XX36 of this article. (d) Where permanent revegetation measures are not in place within five years of completion of clearing and grading work, the applicant shaH be required to revegetate the site to meet the minimum tree density requirements of FWCC 22-XX 18 Tree and vegetation retention requirements. Failure to revegetate the site per minimum tree density requirements of FWCC 22-XX 18 shall result in the application of compliance and enforcement measures per FWCC 22-XX36 of this article. ) 22-XX32 Maintenance. a All re uired re lacement trees and relocated trees shown on an a roved tree retention Ian shaH be maintained in healthy condition by the property owner throughout the life of the proiect. unless otherwise approved by the director in a subsequent tree retention plan. (b) Cutting and pruning. (I) Protected trees shall not be topped. (2) Street trees shaH be maintained in a healthy condition by the adiacent property owner and shall only be cut or pruned with the permission of the city of Federal Way public works department. (3) Pruning and maintenance of protected trees shall be consistent with best management practices in the field of arboriculture and further the long-term health of the tree. (4) Excessive pruning shall not be allowed unless necessary to protect life and property. 22-XX33 Performance assurance. The city may require the following bonds for any clearing and/or grading activity approved by or under this di vision: Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page410f65 (a) A performance bond to guarantee that the clearing and/or grading will conform to city standards and requirements. (b) To mitigate damages should they occur as a result of unauthorized tree removal. the applicant shall submit a bond. letter of credit or other means of assurance acceptable to the director. The following provisions shall apply to such performance assurance: (I) Tree Protection Assurance. The applicant shall post a performance bond or other acceptable security device to ensure the installation, maintenance, and adequate performance of tree protection measures. The amount oftrus bond shall be no less than 120% of the city's estimated cost of replacing each protected tree. The estimated cost per tree shall be the tree base fee established by the city council. Prior to issuance of the certificate Of occupancy, any protected tree found to be irreparably damaged, severely stressed. or dying shall be replaced according to the standards identified under FWCC 22-XX36, Compliance and enforcement. The bonding period shall be two years. The director may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. (2) Tree Maintenance Assurance. Where replacement trees are required pursuant to this section. the applicant shall post a replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount ofthe maintenance bond shall equal 50% of the cost of plant material. periodic fertilizing and pruning, and labor for the time period of the maintenance bond. Where possible, the bond may be combined with the landscape maintenance bond required by FWCC Chapter 22, Article XVII. Landscaping. In the event a required replacement tree becomes irreparably damaged, severely stressed, or dies. during the maintenance period, the tree shall be replaced according to the standards in FWCC 22-XXI8. Tree and vegetation retention standards and FWCC 22- XX-20. Replacement tree species and size. Replacement trees damaged due to natural disasters such as wind storms, hail. ice or snow storms, earthquakes. and the like shall be exempt from replacement. The bonding period shall be two years. The director may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the replacement trees will survive. (3) Supplemental administrative costs. In addition to the bond and any consultation fees under FWCC 22-XX33(b)(5). the applicant shall post a cash deposit with the city equal to the following percentages of the amount of the bond: Amount of Bond Amount of Cash Deposit Up to $20,000 $20,00 I to $50,000 $50.001 to $100,000 $100.001 and up . 5% of the bond (minimum $100.00) 4% of the bond 3% of the bond 2 Y2 % of the bond This cash deposit will be used to cover the city's actual expenses of administering and, if necessary, obtaining and using the proceeds of the bond. (4) The required tree protection_assurance shall be submitted prior to issuance of a permit authorizing tree removaL The required tree maintenance assurance shall be submitted prior to issuance of final plat approval pursuant to FWCC 20-136. or certificate of occupancy, whichever is applicable. (5) The director may consult with a certified arborist, licensed landscape architect. or other similarly qualified professional in determining the amount of a bond under this article. The applicant shall pay the actual costs oftrus consultation. (6) The performance assurances shall not be fully released without final inspection and approval of completed work by the city. submittal of any post-construction evaluations, or following any prescribed trial maintenance period required in the permit. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 42 of 6S (7) With the consent of the City, assurance devices under this section may be assigned by the applicant to individual property owners when those parties obtain an ownership interest in the subiect property. The director may release all or part of an applicant's assurance when the applicant demonstrates that the applicant has secured to the City sufficient assurances to meet the requirements of this section from other parties. (8) Performance assurances provided in accordance with this section may be redeemed in whole or in part by the city of Federal Way upon determination by the director that the applicant has failed to fully comply with approved plans and/or conditions . 22-XX34 Proiect inspections/city access. (3) All proiects with a clearing and grading and/or tree retention plan approval and associated permit are subiect to city inspections to ensure compliance with the conditions of approval and associated permit. As a condition of permit issuance, the applicant must grant right-of.-entry for such inspections and city emergency corrective measures. (b) The public works director or his/her designee will specify the general stages of work when city inspection is required and may require inspection and testing by an approved testing agency. to be paid by the applicant. (c) The director shall specify inspection and testing requirements applicable to a given proiect prior to permit issuance: however, the public works director may require additional inspection. testin~, or professional analysis and recommendations when conditions exist that were not covered in the permit application documents or were not sufficiently known at the time of permit issuance. 22-XX35 Stop work orders and corrective actions. (a) The director or his/her designee may notify the permittee. or person doing the work, to stop work and take any necessary corrective actions whenever the director determines that: (l) During the life of the permit. the proiect is causing problems related to earth and water ) resources, such as sediment leaving the site or entering the drainage system; (2) The act or intended act of clearing, grading. or tree or vegetation removal has become or will constitute a hazard to life and limb, or endangers property: or it adversely affects the safety, use, or stability of a public way, drainage channel. street, or surface water: or (3) Clearing, grading or tree or vegetation removal is occurring without a required permit; or (4) The activity is otherwise violating this article or the conditions of approval issued under this article. (b) The director or his/her designee shall remove the stop work order when the City has reached an agreement with the violator regarding rectification of the violation. Any stop work order issued under this article may be appealed using the procedures set forth in FWCC 1-19. 22-XX36 Compliance and enforcement (a) In addition to any other penalties or other enforcement actions, any person who fails to comply with the provisions of this article or the terms of an approved tree retention plan. or a related cease and desist or stop work order. shall also be subiect to a civil penalty as set forth in Table 22.xX41.1. Each unlawfully removed or damaged tree shall constitute a separate violation. (I) The amount of the penalty shall be assessed in accordance with Table 22.xX41.1. The director may elect not to seek penalties ifhe or she determines that the circumstances do not warrant imposition of civil penalties in addition to restoration. (For example. first time violators who unintentionally or unknowingly violated the requirements of this article and are cooperating with regard to restoration may not warrant imposition of civil penalties.) Table 22 XX41 I - Penalties Tvpes of Violations Allowable Fines per Violation I. Removal of tree( s) approved to be removed, but $100.00 per tree Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02i26f2009 Page 43 of 65 prior to final tree retention plan approval 2. Removal or damal!:e oftree(s) that are or would $1.000.00 per tree. or up to the marketable value be shown to be retained on an approved tree plan or of each tree removed or damaged as determined any other violation of approved tree retention plan by a certified arborist or timber cruiser. 3. Removal oftree(s) without applying for or $1,000.00 per tree, or up to the marketable value obtaininl!: required city approval of each tree removed or damal!:ed as determined bv a certified arborist or timber cruiser. (b) Violators shall be responsible for restoring unlawfully damaged areas in conformance with a plan, approved by the director. which provides for repair of any environmental and property damage, and restoration of the site; and which results in a site condition that. to the greatest extent practical. equals the site condition that would have existed in the absence of the violation( s). (c) The number of trees required to be planted shall be equal to the number of tree unit credits of illegally removed trees according to Table 22-XXI8.2. (d) The minimum size for a tree planted for restoration is 12-foot-tall evergreen and three':'inch caliper deciduous tree. The city may approve smaller restoration tree sizes at a higher restoration ratio, provided the site has capacity for the additional trees and the results of restoration at a higher restoration ratio is as good or better than at the normal ratio. The smallest allowable alternatives to the normal restoration requirements shall be two eight-foot evergreen for one 12-foot evergreen or two two-inch caliper deciduous for one three-inch caliper deciduous tree. (e) Remedial measures must be completed within the time frame specified by the director. (() The cost of any remedial measures necessary to correct violation(s) of this article shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of FWCC 22-XX33. Performance assurance. Article XIII, Division 9, Yard Requirements [Chapter 19.125 -Outdoors, Yards, and Landscaping) 22-1133 Structures and improvements. No improvement or structure may be in a required yard except as follows: (I) A driveway and/or parking area subject to the standards of FWCC 22-1135. (2) Any improvement or structure, other than a driveway and/or parking area, that is not more than four inches above finished grade may be anywhere in a required setback yard. (3) An improvement or structure that is not more than 18 inches above finished grade may extend not more than fi ve feet into a required yard. (4) Chimneys, bay windows, greenhouse windows, eaves, awnings and similar elements of a . structure that customarily extend beyond the exterior walls of a structure may extend up to 18 inches into any required yard. The total horizontal dimension of the elements that extend into a required yard, excluding eaves, may not exceed 25 percent of the length of the facade of the structure from which the elements extend. (5) Fences and railings not over six feet in height may be located in required yards subject to the fence regulations contained within this article. (6) Rockeries and retaining walls may be located in required yards if: a. The rockery or retaining wall is not being used as a direct structural support for a major improvement; aHd b. The rockery or retaining wall is reasonably necessary to provide support to a cut, fill or slope~; and c. The rockery or retaining wall also meets the requirements of FWCC 22-XXI7 et seq. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 44 of 65 (7) Signs may be located in required yards subject to provisions of FWCC 22-1596 et seq. (8) Covered walkways, no more than eight feet wide and 10 feet above finished grade and open along the sides, are permitted in required yards in commercial, industrial-comrnercial, and office zones. (9) In low and medium density residential zones, the applicant may, through process III, request approval to locate a storage shed in a required yard, except a required front yard. The city may approve the application if: a. The proposed structure is no more than eight feet high above finished grade; b. The maximum length of the facade of the proposed structure parallel to each property line, from which the required yard is not provided, shall not exceed 10 feet; c. The proposed structure contains no more than 120 square feet in total area; d. No reasonable alternative location exists on the subject property due to special circumstances regarding the size, shape, topography or location of the subject property or the location for legally constructed pre-existing improvements of the subject property; and e. Permitting the intrusion onto the required yard will not create a material, negative impact on the character of nearby residential uses. (Ord. No. 90-43, 9 2(115.115(3)),2-27-90; Ord. No. 00-375,924, 2000; Ord. No. 07-559, ~ 3(Exh. A), 7-3-07) Article XVII, Landscaping3 [Chapter 19.125 - Outdoors, Yards, and Landscaping) Sections: 22-1561 Purpose. 22-1562 Applicability. 22-1563 Landscape plan approval. 22-1563.1 Landscape, irrigation and tree plan submittal requirements. 22-1564 General landscaping requirements - All zones. 22-1565 Landscaping types. 22-1566 Landscaping requirements by zoning district. 22-1567 Parking lot landscaping. 22-1568.1 Planting requirements for certain trees. 22 1568 Significant trees. 22-1569 Performance and maintenance standards. 22-1570 Modi fication options. 22-1571 -22-1595 Reserved. 22-1561 Purpose. The purpose of this article is to: (I) Provide minimum standards for landscaping in order to maintain and protect property values and to enhance the general appearance of the city. (2) Encourage creative landscaping designs that utilize native vegetative species, drought-tolerant species, and retain natural vegetation, in order to reduce the impact of development on the water resources of the city. (3) Respond to state-level mandates for action in such areas as water conservation, energy conservation, enhancement of water quality, and improvement of air quality. ( 4) Reflect current city planning goals, urban design standards, and ecological awareness. (5) Provide an appropriate amount and quality oflandscaping related to all land use in the city. 3 Editor's note - Ord. No. 93-170, ~ 3, adopted April 20, 1993, repealed fonner Art. XVII, ~~ 22-1561 - 22-1577, relative to landscaping, and * 4(Exh. A) of said Ord. No. 93-170 enacted a new Art. XVII to read as herein set out. The provisions offonner Art. XVII derived from Ord. No. 90-43, * 2, adopted Feb. 27, 1990. Exhibit A ~ Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 45 of65 (6) Establish a minimum level of regulation that reflects the purposes of this chapter. (7) Provide for design flexibility. (8) Retain significatlt trees stands of trees and mature vegetation, a valuable natural r:esource of the community. (9) Recognize the unique qualities embodied in public facilities by providing for a reasonable degree of flexibility in structure while protecting adjacent uses. (l0) Encourage low-impact techniques including the use of native or drought-tolerant plants. (Ord. No. 93-170, S 4,4-20-93; Ord. No. 01-390, * 3,6-5-01) 22-1562 Applicability. This article shall apply to all development applications in the city, with the exception of individual single-family residential lots which shall only comply with the applicable requirements of FWCC 22- M6&, XXXX Significant Trees, for tree and vegetation preservation of significant trees. (Ord. No. 93-170, S 4,4-20-93) 22-1563 Landscape plan approval. (a) No permit shall be issued to erect, construct or undertake any development project without prior approval of a landscape plan by the department of community development. (b) Required landscape plans for all projects that are subject to the site plan review process as set forth in Article V of this chapter shall be prepared by a Washington State licensed landscape architect. (Ord. No. 93-170, ~ 4,4-20-93) 22-1563.1 Landscape and irrieation plan submittal requirements. The applicant shall submit the appropriate number of landscape and irrigation plans for review, as determined by the department of community development services. The landscape and irrigation plan may be provided separately or incorporated into plans submitted for site plan review. Landscaping and irrigation may be shown on the same plan. No pennit for use which is subiect to the requirements of this section shall be issued until the landscape and irrigation plan for such use has been approved by the department of community development services. (a) Landscape plans. I. Persons qualified to prepare landscape plan. The landscape plan shall be prepared by a landscape architect licensed in the State of Washington, a nursery professional certified pursuant to the Washington Certified Nursery Professional program, or a Washington State certified landscape technician. 2. The landscape plan shall be prepared to an appropriate scale, not less than one-inch to equal 40 feet, necessary to depict the following: a. Name and address or location of proiect; b. Vicinity map: d. Scale, north arrow, and date of plan: e. All property lines, impervious surfaces (including the total. paved impervious surface), vehicular drives, parking lots, proposed structures (including the square footage of such structures), natural or manmade water features or bodies, above ground stormwater detention and treatment areas, proposed fences and retaining walls, critical lands and associated buffers, and designated recreational open space areas; f. All existing and proposed landscape areas showing existing trees and/or vegetation to be retained and vegetation to be removed and proposed plants to be installed. The area of all existing and proposed landscaping shall be calculated and shown on the plan; g. A plant schedule containing the botanical and common names of the new plant material. existing plant material proposed to be retained, tyPical spacing for that species, the planting size of the material. the quantity of each plant, and any special planting instructions; h. All topographic features of the area to be landscaped such as swales. A contour map detailing intervals at two feet shall be provided; and Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 46 of65 i. All existing and proposed drainage and watering facilities. (b). Irrigation plans. Where an inigation plan is required to ensure that the planting will receive sufficient water for survival and growth, the following shall apply. I. Persons qualified to prepare plans. The irrigation plan shall be prepared by a Washington State registered landscape architect or inigation designer certified by the Irrigation Association. 2. Where automatic ini~ation is required. a subsurface irrigation or drip irrigation system shall be provided in accordance with all state and local rules, regulations, and ordinances. including approved backflow devices. The tap. service, and meter shall be coordinated with the city's public works director. The system shall completely cover all planting areas. 3. The spacing of sprinkler heads shall not exceed the spacing recommended by the manufacturer of the head. Where an area may be utilized by pedestrians. pop-up heads are preferred. The system shall be designed to achieve maximum water efficiency and overthrow onto public sidewalks or streets shall be kept to a minimum. (c). Review of landscape, inigation. and tree plans. Where landscape, inigation. or tree plans are required in concert with other site development permit applications. the plans shall be reviewed by the department of community development services or the city's consultant, as determined by the department of community development services. If the department of community development services designates the plans be reviewed by the city's consultant. the applicant shall cover the cost of the third party review as required in accordance with the city's fee ordinance. 22-1564 General landscaping requirements - All zones. (a) All portions of a lot not used for buildings, future buildings, parking, storage or accessory uses, and proposed landscaped areas shall be retained in a "native" or predeveloped state. The department of community development may allow or require supplemental plantings in these areas, pursuant to the provisions of this chapter. (b) All outside storage areas shall be fully screened by Type I landscaping a minimum of five feet in width, as described in FWCC 22-1 565(a), unless determined by the community development review committee (CDRC) that such screening is not necessary because stored materials are not visually obtrusive. (c) Slopes in areas that have been landscaped with lawn shall generally be a 3: I ratio or less, width length to height, to assist in maintenance and to allow irrigation systems to function efficiently. In other areas of plantings, a slope of up to a 2: I ratio, width length to height, may be used if acceptable to the public works director, upon review of a geo-technicaVsoils study submitted by an applicant to ensure soil slope integrity. ) Fiqure 1 - Sec. 22-~56.(dl (d) All trash enclosures shall be screened from abutting properties and/or public rights-of-way by a 100 percent sight-obscuring fence or wall and appropriate landscape screen. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02i26i2009 Page 47 of65 (e) Type HI landscaping, defined in FWCC 22-1565( c), shall be placed outside of sight-obscuring fences abutting public rights-of-way and/or easements unless determined by the director of community development that such arrangemen~ would be detrimental to the stated purpose of this article. (t) With the exception of lawn areas, at least 25 percent of new landscaping materials (i.e., plants, trees, and groundcovers) shall consist of drought-tolerant species. All developments are encouraged to include native Pacific Northwest and drought-tolerant plant materials for all projects. (g) Deciduous trees shall have a caliper of at least 1.5 inches at the time of planting measured 4.5 feet above the root ball or root structure. (h) Evergreen trees shall be a minimum six feet in height (measured from tree top to the ground) at the time of planting. (i) Shrubs shall be a minimum 12 to 24 inches in height (measured from top of shrub to the ground) at the time of planting based on the following: (I) Small shrubs - 12 inches. (2) Medium shrubs - 18 inches. (3) Large shrubs - 24 inches. (j) Groundcovers shall be planted and spaced, using a triangular planting arrangement, to result in total coverage of a landscaped area within three years. (k) Areas planted with grass/lawn shall: (I) Constitute no more than 75 percent of landscaped areas, provided, there shalf be an exception for biofiltration swales; and (2) Be a minimum of five feet wide at the smallest dimension. (I) Grass and required landscaping areas shall contain at least four inches of topsoil at finish grade. (rIl) Existing clay or sandy soils shall be augmented with an organic supplement. (n) Landscape areas shall be covered with at least two inches of mulch to minimize evaporation where plant materials will cover and three inches of mulch over bare soil. (0) In order to reduce irrigation requirements, design principles using xeriscape techniques are encouraged. In meeting water conservation goals, and to deliver appropriate amounts of water necessary to maintain planted vegetation, species that are not drought tolerant should be grouped together and have irrigation systems, and be separated from any other irrigation system provided for drought-tolerant specIes. (p) Mulch shall be used in conjunction with landscaping in all planting areas to meet xeriscaping goals, assist vegetative growth and maintenance or to visually compliment plant material. Mulches include organic materials such as wood chips and shredded bark. Nonvegetative material shall not be an allowable substitute for plant material. (q) AU development shall comply with city of Federal Way street tree requirements. (See the City of Federal Way Right-of-Way Vegetation Standards and Specifications Manual). (r) Landscaping proposed to be located within or adiacent to utility easements shall be reviewed by the respective utility agency(ies). (f~) Landscaping and fencing shall not violate the sight distance safety requirements at street intersections and points of ingress/egress for the development. (9J) All tree types shall be spaced appropriate for the compatibility of the planting area and the canopy and root characteristics of the tree. (t !!) AU permanent lawn or sod areas shall have permanent irrigation systems. (u y) Screening of blank building walls. Building walls which are unintenupted by window, door, or other architectural feature(s) listed in Article XIX, Community Design Guidelines, FWCC 22-1 635(c)(2), that are 240 square feet or greater in area, and not located on a property line, shaU be screened by landscaping. Such planting shall include trees, shrubs and groundcover appropriate for the area proposed. (v w) Foundation landscaping is encouraged for all developments to reduce the scale, bulk and height of structures. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 48 of 65 (w ~) All loading areas shall be fully screened from public right-of-way or non-industrial! manufacturing uses with Type I landscaping. E.phl t>oc h?l' _ 0C0Iftl<< Q~ STREET . fiqun 2 - Sec. 22-1564 (w) (* y) Use of products made from post consumer waste is encouraged whenever possible. (y ?;) Soil in parking lot landscaped areas must be noncompacted to a depth of 18 inches prior to planting of any shrubs, trees, or groundcovers. (1'; aa) Landscaping shall not be required along interior lot lines within a development where parking is being shared. (Ord. No. 93-170, ~ 4,4-20-93; Ord. No. 07-559,9 3(Exh. A), 7-3--07) 22-1568.1 Plantint!: requirements for certain trees. (a) The following types of trees may not be planted closer than the listed minimum planting distance to rights-of-way or sewers: Trees Minimum Planting Distance ill Ailathus altisinia (Tree of Heaven) 25' m Catalpa 25' ill Cottonwood 40' (1} Juglamus nigra (Black Walnut) 25' m Platanus (Plane, Sycamore) 40' (Q) Populus (Poplars) 40' m Salix (Willows) 25' 00 Tilia americana (Basswood) 25' (2) Ulmus (Elm) 40' ) (b) In addition to any other enforcement mechanism or penalty contained within or authorized by this chapter, any person violating this provision is responsible for any damage caused by the tree or trees. (c) All street trees and other plantings shall be installed in conformance with standard landscaping practices and with appropriate city guidelines and regulations. 22 1S(iS Signific80t trees. (a) Purpose. The purpose of this section is to: (I) Regulate the removal of trees from property within the city in order to flreserve, protect and enhance a valuable natuml resource; (2) Establish standards to limit the removal of and ensure the replacement of trees sufficient to safeguard the ecological and aesthetic environment of a community; Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 49 of 65 (3) Discourage the unnecessary e\earing and disturbance of land so as to preserve the natural and elCisting gro'Nth of vegctation; and (1) Maintain a minimum numbcr of significant trees. (b) Dcfinition. A signifieilnt tree shall be defined as: (\) Twelve inchcs in diamcter or 37 inches in circumfercnce measurcd four and one half feet above ground; and (2) In good health; and (3) Not detrimental to the community (e.g., is not diseased, dying, or likely of falling into public opcn spacc or right of 'Nay, etc.) or obscuring safe sight distaace requirements. Significant trees shall not include rod alder, cottonwood, poplar or big leaf maple. ....... Fiqure 10 - Sec. 22-1S68(b) (c) Standards. (I) Retention rcquired. Significant trecs shall be retained on the subject property to thc maximum extent possible in all de'.'elopments as follows: a. If the appro'red development on the subject property will require the rcmoval of more than 75 percent of the significant treos on the subject property, significant trees shall be replaced in amount equal to 25 percent of the significant trces which existed on the subject property prior to conunencing any de','elopmcnt activity. b. All significant trees located within any requircd perimcter landscaping area shall be retained and/or replaced. c. Significant trees required to be retained within OR site sensitive areas can be I:lscd to',vard satisfying the 25 percent OR site significant trec reteRtion regulations. d. .\11 significant tr~es located within required OR site rooreation or open spaces shall be retained, provided they do not conflict with on site active recreation areas. e. The significant tree retention rcquircments of this chapter shall not apply to the city center zoning district. f. There shall be no cutting of significant trees without authorization from the city for the purpose of preparing that site f-or' future deyelopment. g. Up to one half of the 25 percent significant tree replacemeftt requirement may be satisfied by planting larger trecs in required landscape areas such as landscape islands, buffers, and perimeter landscaped areas. Such trees shall be a m:iniml:lm 12 feet in height [-or evcrgr~en and three aRd ORC half inch caliper for deciduous or oreadleaf trees. Example: 100 OR site signifieant trees requires 25 to be retaiaed or replaced. Applicaflt may ~lant 13 larger trees within required landscape areas which meet size requirements mentioned above. h. Article XIX of this chapter may apply additioRaI, use specific standards related to significant Irees. (2) The applicant shall submit a tree retention plan concurrent with the first permit application f-or that development. The tree retention plan shall cOflSist of the following: Ex.hibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 50 of 65 a. ^ tree surveyor cluster survey that identifies the location, size, Humber and species of all significant trees on the site. b. ^ development plan identifying the significant trees that are pr-oposed to be retained, removed, transplanted, or replaced, including a final report on percentage retained. (3) Each retained significant tree not located v/ithin perimeter landscaping may be credited as two trees for purposes of complying with the reteRtion requirements of subsection (c)(1 )(a) of this section, pro'.-ided the tree meets at least onc of the following criteria: a. The tree is located in a gr-ouping of at least five trees with canopies that touch or overlap; er b. The tree pro'lides energy savings through winter wiRd protection or summer shading as a result of its location relative to proposed buildings; or c. The tree belongs to a unique or unusual species of Rative or non nati'ie tree not usually found locally. (1) Where it is not feasible to retain required significaat trees due to site constraiats including, but not limited to, topography, ingress/egress requirements, existing and proposed utility locations, trails, storm drainage improvements, a site specific tree plan, arawR to scale, shall be prepared. The tree plan shall show the precise location of all significant trees OR the site, in relation to the pr-oposed buildings, streets, parking areas, required laRdscaped areas, surface water facilities, aRd utilities. The director of commuRity de'lelopment shall review the plan iR relation to the proposed de'/clopment to eRsure tree rcmoval is the minimum amount necessary to comply '/lith the proposed development and meet the purposes of this chapter. (5) When required significant trees cannot be retained (see subsection (0)(1) of this section), significant trees that are remo','ed shall be replaced with: a. Transplanted or retained OR site trees four inch caliper or larger, which meet the definition of significant trec in all manner except size, and appro'/ed by the community developmeRt director, bascd upon the director's assessment of the location of the tree in relation to the proposed site development; or b. NeVI e'lergreen trees that are a miniffii:lm to feet in height, or deciduous trees that are a minimum three inch caliper. The number of replacement trees, combincd with the number of retained significant trees, shall equal 25 perccRt of the amount of on site significant trees '."hich e}(isted prior to dc'/elopment. (6) The following management practices shall be obser/ed onsitcs containing significant trees, to provide the best protection for significant trees: a. No clearing shall be allowed on a proposed development site until the tree retention and landscape plans ha'.-e been approved by the city of Fcderal Way; b. f. no disturbance area, 'lIhich shall be defined to be to the drip line of the significant tree, shall be identified during the construction stage with either: I. A temporar)' five foot chain link fence; 2. ^ line offi'le foot high, orange colored two by four inch stakes placed no more than ten feet apart connected by highly visible surveyor's ribbon; c. No impervious slirfaces, fill, excavatioa, or storage of construction materials shall bc permitted within the no disturbance arca; d. If the grade level around the tree is to be raised by more thaR one foot, a wck well shall be constructed. The inside diameter of the rock well shall be equal to the diameter of the tree trunk plus 10 feet. Proper drainage, and irrigation if necessary, shall be provided in all rock wells; e. The gmde level shall Rot be lowered within the larger of the two areas defined as follows: I. The drip line of the tree(s); or 2. ,^ill area around the tree equal to one foot in diameter of each inch of tree trunk diameter measured four feet above the ground; f. :\.ltemative pwtection methods may be used if accepted by the director of community development department to provide equal or greater tree protection; J Exhibit A - Proposed Cleating, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 51 of 65 g. Encroachment into the no distumanee area may be allowed '",hem the director determines encroachment '.vould not be dctrimcntal to thc health of the tree. (OrEl. No. 93 170, ~ 4,4 2093; Ord. No. 07 559, 9 3(Exh. A), 7 3 07) 22-1569 Performance and maintenance standards. (a) Performance. (I) All required landscaping shall be installed prior to the issuance ofa certificate of occupancy (CO) or final inspection:-, unless the applicant submits a performance assurance as noted in 22-1 569( a )(2). (2) Performance assurance. If the required landscaping pursuant to an approved site plan will not be installed prior to the issuance of certificate of occupancy, a performance bond or assignment of funds in a form acceptable to the city attorney must be provided to the city to not less than 125% of a contractor's bid. The bond or assignment of funds must be approved by the city and will commit to install the landscape plantings within six months. The bond must be submitted on forms supplied by the city. The bid bond amount must include labor and materials. (2) When landscaping is required pursuant to this chapter, an inspection shall be performed to verify that the installation has been installed pursuant to the standards of this chapter. (3) Upon completion of the landscaping work, the community development department shall inspect the landscape upon request for compliance with the approved landscape plan. (4) A CO or final inspection may be issued prior to completion of required landscaping provided the following criteria are met: a. An applicant or property owner files a written request with the department of community development prior to five days of a CO inspection; b. The request contains an explanation as to why factors beyond the applicant's control, or which would create a significant hardship, prevent the installation of the required landscaping prior to issuance 0 f the CO; c. The property owner has demonstrated a good faith effort to complete all required landscaping. (5) The time period extension for completion of the landscaping shall not exceed 90 days after issuance of a certificate of occupancy to install required landscaping. (6) Failure to complete landscape installation by an established 90-day extension date shall constitute a zoning violation. If a performance bond has been used, the city shall use the bond to complete the required landscaping. If the amount of the bond or cash deposit is less than the cost incurred by the city, the applicant/property owner shall be liable to the city for the difference. If the amount of the bond or assignment of funds exceeds the cost incurred by the city, the remainder shall be released. (b) Maintenance. The purpose of this section is to establish minimum maintenance standards for landscaping. (I) Plant maintenance. Maintenance of planted areas shall include continuous operations of removal of weeds before flowering; mowing; trimming; edging; cultivation; reseeding; plant replacement; appropriate fertiliiation; spraying; control of pests, insects, and rodents by nontoxic methods whenever possible; watering; or other operations necessary to assure normal plant growth. In particular, maintenance shall promote landscape performance criteria of this chapter. Plant materials that have died shall be replaced at the beginning of the next appropriate planting season and planting areas shall be kept reasonably free of noxious weeds and trash. (2) Irrigation maintenance. All portions of any irrigation system shall be continuously maintained in a condition such that the intent of an irrigation design is fulfilled. Uncontrolled emission of water from any pipe, valve, head, emitter, or other irrigation device shall be considered evidence of nonmaintenance. (3) Other maintenance. Maintenance of all landscaped areas shall also include operations as needed of painting, repairing, reconstruction, and rehabilitation of landscape structures such as walls, fences, overheads, trellises, and the removal of trash. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments -02/26/2009 Page S2 of 6S (4) Failure to comply with landscape maintenance standards shall constitute a zoning violation under FWCC 22-11. (Ord. No. 93-170, * 4, 4-20-93) 22-1570 Modification options. (a) Purpose. The purpose of this section is to provide an opportunity for development of exceptional or unique landscape designs that do not meet the express terms ofFWCC 22-1564 through 22-1567, and/or flexibility of landscape designs. The director of community development services shall have the authority, consistent with the criteria stated herein, to modify specific requirements or impose additional requirements in unique or special circumstances to assure the fulfillment of the stated purpose of this chapter and to allow for flexibility and creative design. Special circumstances or unique conditions shall be reviewed with the director of community development services concurrent to submittal the review of a landscape plan. Examples of special conditions might include: (I) Preservation of unique wildlife habitat; (2) Preservation of natural or native areas; (3) Compliance with special easements; (4) Renovation of existing landscaping; (5) Unique site uses. The alternative landscape modificatiol}s described in subsections (c) through (f) of this section shall be allowed only if the proposed modification meels the threshold criteria of subsection (b) of this section, in addition to the special criteria of subsections (c) through (0 of this section. In the case of public parks, schools, and public recreational facilities, these uses must meet subsections (a)(l) through (a)(4) of this section only. (b) Modifications to the landscape standards may be granted by the director of community development if: (I) The proposed modification represents a superior result than that which could be achieved by strictly following the requirements of this chapter; and (2) The proposed modification complies with the stated purpose of this chapter and any applicable subsections of this chapter; and (3) If the proposed modification will not violate any city of Federal Way City Codes or ordinances. In particular, a modification shall not be a substitute for any zoning variance; and (4) Where applicable, the proposed modification would result in an increased retention of significant trees and/or naturally occurring vegetation on the site; (5) The proposed modification also satisfies the criteria listed in subsection (b), (c), (d), (e), or (0 of this section. (c) The width of the perimeter landscaping may be reduced up to 25 percent when: (I) 1\ development retaills an additional 10 percent of sigaificant trees or 10 significant trees per acre on site, whichever is greater. (~the proposed landscaped area incorporates a combination of plant materials, berms a minimum of three feet in height, and architectural elements of appropriate height and scale sufficient to act as an efficient substitute for the three-foot berm. (d) The landscaping requirement may be modified when necessary, because of special circumstances relating to the size, shape, topography, vegetation, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which it is located, or if strict application would result in scenic view obstruction. (e) Perimeter landscape strips may be averaged, provided the minimum width shall not be less than 50 percent of the underlying width requirement. (0 If the property abutting the subject property is in the same or a more intensive land use zoning district than the subject property, the landscaping required along that common interior property line may be reduced by 25 percent in area. In addition, the remaining 75 percent of the required landscaping may be relocated upon approval of the community development director, consistent with the standards of this chapter. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 53 of65 (g) Biofiltration swales and other surface water/water quality structures may be incorporated into required landscape areas provided the landscaping standards of this chapter are met and the integrity of the surface water function is not compromised. The community development director shall approve any modification of this nature. . . (h) Modification submittal requirements. A request for modification shall: (I) Be submitted in the same form and according to the same terms as the required landscape documents of this section and subject to the same enforcement requirements; and (2) Be clearly labeled as "Landscape Modification Plan"; and (3) Clearly delineate a.nd identify the deviations requested from the provisions of this or any other section; (4) Be approved by the community development director. (i) Pedestrian facilities, transit stops, and handicapped access may be allowed in required landscape areas without requiring additional buffer area, provided that the intent of this article is met and that the function and safety of the pedestrian facility, transit stop or handicapped facility is not compromised. (Ord. No. 93-170, * 4,4-20-93; Ord. No. 01-390, * 3,6-5-01) Article XIX, Community Design Guidelines 22-1634 Site design - All zoning districts. (a) General criteria. (l) Natural amenities such as views, significant or unique trees, or groupings of trees, creeks, riparian corridors, and similar features unique to the site should be incorporated into the design. (2) Pedestrian areas and amenities should be incorporated in the overall site design. Pedestrian areas include but are not limited to outdoor plazas, arcades, courtyards, seating areas, and amphitheaters. Pedestrian amenities include but are not limited to outdoor benches, tables and other furniture, balconies, gazebos, transparent glass at the ground floor, and landscaping. . (3) Pedestrian areas should be easily seen, accessible, and located to take advantage of surrounding features such as building entrances, open spaces, significant landscaping, unique topography or architecture, and solar exposure. (4) Project designers shall strive for overall design continuity by using similar elements throughout the project such as architectural style and features, materials, colors, and textures. (5) Place physical features, activities, and people in visible locations to maximize the ability to be seen, and therefore, discourage crime. For example, place cafes and food kiosks in parks to increase natural surveillance by park users, and place laundry facilities near play equipment in multiple-family residential development. A void barriers, such as tall or overgrown landscaping or outbuildings, where they make it difficult to observe activity. (6) Provide access control by utilizing physical barriers such as bollards, fences, doorways, etc., or by security hardware such as locks, chains, and alarms. Where appropriate, utilize security guards. All of these methods result in increased effort to commit a crime and, therefore, reduce the potential for it to happen. (7) Design buildings and utilize site design that reflects ownership. For example, fences, paving, art, signs, good maintenance, and landscaping are some physical ways to express ownership. Identifying intruders is much easier in a well-defined space. An area that looks protected gives the impression that greater effort is required to conunit a crime. A cared-for environment can also reduce fear of crime. Areas that are run down and the subject of graffiti and vandalism are generally more intimidating than areas that do not display such characteristics. (b) Surface parking lots. Ex.hibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 54 of 65 (I) Site and landscape design for parking lots are subject to the requirements of Article xvn of this chapter. (2) Vehicle turning movements shall be minimized. Parking aisles without loop access are discouraged. Parking and vehicle circulation areas shall be clearly delineated using directional signage. (3) Driveways shall be located to be visible from the right-of-way but not impede pedestrian circulation on-site or to adjoining properties. Driveways should be shared with adjacent properties to minimize the number of driveways and curb cuts. (4) Multi-tenant developments with large surface parking lots adjacent to a right-of-way are encouraged to incorporate retail pads against the right-of-way to help break up the large areas of pavement. (5) See FWCC 22-1638 for supplemental guidelines. (c) Parking structures (includes parking floors located within commercial buildings). (I) The bulk (or mass) of a parking structure as seen from the right-of-way should be minimized by placing its short dimension along the street edge. The parking structure should include active uses such as retail, offices or other commercial uses at the ground level and/or along the street frontage. (2) Parking structures which are part of new development shall be architecturally consistent with exterior architectural elements of the primary structure, including rooflines, facade design, and finish materials. (3) Parking structures should incorporate methods of articulation and accessory elements, pursuant to FWCC 22-1 635(c)(2), on facades located above ground level. (4) Buildings built over parking should not appear to "float" over the parking area, but should be linked with ground level uses or screening. Parking at grade under a building is discouraged unless the parking area is completely enclosed within the building or wholly screened with walls and/or landscaped berms. (5) Top deck lighting on multi-level parking structures shall be architecturally integrated with the building, and screened to control impacts to off-site uses. Exposed fluorescent light fixtures are not permitted. (6) Parking structures and vehicle entrances should be designed to minimize views into the garage interior from surrounding streets. Methods to help minimize such views may include, but are not limited to, landscaping, planters, and decorative grilles and screens. (7) Security grilles for parking structures shall be architecturally consistent with and integrated with the overall design. Chain-link fencing is not permitted for garage security fencing. (8) See FWCC 22-1 638(c)(4) for supplemental guidelines. (d) Pedestrian circulation and public spaces. (I) Primary entrances to buildings, except for zero lot line townhouse development and attached dwelling units oriented around an internal courtyard, should be clearly visible or recognizable from the right-of-way. Pedestrian pathways from rights-of-way and bus stops to primary entrances, from parking lots to primary entrances, and pedestrian areas, shall be accessible and should be clearly delineated. (2) Pedestrian pathways and pedestrian areas should be delineated by separate paved routes using a variation in paved texture and color, and protected from abutting vehicle circulation areas with landscaping. Approved methods of delineation include: stone, brick or granite pavers; exposed aggregate; or stamped and colored concrete. Paint striping on asphalt as a method of delineation is not encouraged. ) :~:;.;, :.:..:~~.:~J ld. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/2612009 Page 55 of 65 (3) Pedestrian connections should be provided between properties to establish pedestrian links to adjacent buildings, parking, pedestrian areas and public rights-of-way. (4) Bicycle racks should be provided for all commercial developments. (5) Outdoor furniture, fixtures, and streetscape elements, such as lighting, freestanding signs, trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, phone booths, fencing, etc., should be incorporated into the site design. (6) See FWCC 22-1638 for supplemental guidelines. (e) Landscaping. Refer to Article XVII of this chapter for specific landscaping requirements and for definitions of landscaping types referenced throughout this article. (0 Commercial service and institutional facilities. Refer to FWCC 22-949 and 22-1564 for requirements related to garbage and recycling receptacles, placement and screening. (l) Commercial services relating to loading, storage, trash and recycling should be located in such a manner as to optimize public circulation and minimize visibility into such facilities. Service yards shall comply with the following: a. Service yards and loading areas shall be designed and located for easy access by service vehicles and tenants and shall not displace required landscaping, impede other site uses, or create a nuisance for adjacent property owners. b. Trash and recycling receptacles shall include covers to prevent odor and wind-blown litter. c. Service yard walls, enclosures, and similar accessory site elements shall be consistent with the primary building(s) relative to architecture, materials and colors. :'ir.Ul~ , . ~f: ~"__II-;t.1:rl ni"ll -In(( stOfa94 art"'. 1- i~:UK .: - ~~...';;'_ ~.Z - t~.U.:" I l08d~g 1I1eod5 d. Chain-link fencing shall not be used where visible from public streets, on-site major drive aisles, adjacent residential uses, or pedestrian areas. Barbed or razor wire shall not be used. (2) Site utilities shall comply with the following: a. Building utility equipment such as electrical panels and junction boxes should be located in an interior utility room. b. Site utilities including transformers, fire standpipes and engineered retention ponds (except biofiltration swales) should not be the dominant element of the front landscape area. When these must be located in a front yard, they shall be either undergrounded or screened by walls and/or Type I landscaping, and shall not obstruct views of tenant common spaces, public open spaces, monument signs, and/or driveways. (g) Miscellaneous site elements. (I) Lighting shall comply with the following: a. Lighting levels shall not spill onto adjacent properties pursuant to FWCC 22-954(c). b. Lighting shall be provided in all loading, storage, and circulation areas, but shall incorporate cut-off shields to prevent off-site glare. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 56 of 65 c. Lighting standards shall not reduce the amount of landscaping required for the project by Article XVII of this chapter, Landscaping. (2) Drive-through facilities, such as banks, cleaners, fast food,.drug stores and service stations, . etc., shall comply with the following: a. Drive-through windows and stacking lanes are not encouraged along facades of buildings that face a right-of-way. (fthey are permitted in such a location, then they shall be visually screened from such street by Type III landscaping and/or architectural element, or combination thereof; provided, such elements reflect the primary building and provide appropriate screening. b. The stacking lane shall be physically separated from the parking lot, sidewalk, and pedestrian areas by Type [[[ landscaping and/or architectural element, or combination thereof; provided, such elements reflect the primary building and provide appropriate separation. Painted lanes are not sufficient. c. Drive-through speakers shall not be audible off-site. d. A bypass/escape lane is recommended for all drive-through facilities. e. See FWCC 22-1638(d) for supplemental guidelines. (Ord. No. 96-271, * 3,7-2-96; Ord. No. 99-333, * 3, 1-19-99; Ord. No. 00-382, * 3, 1-16-01; Ord. No. 03-443, * 3,5-20-03; Ord. No. 06"515, * 3,2-7-06; Ord. No. 07-554, * 5(Exh. A(l5)), 5-15-07) 22-1635 Building design - All zoning districts. (a) General criteria. (I) Emphasize, rather than obscure, natural topography. Buildings should be designed to "step up" or "step down" hillsides to accommodate significant changes in elevation, unless this provision is precluded by other site elements such as stormwater design, optimal traffic circulation, or the proposed function or use of the site. See FWCC 22-XXXX for related standards for development on sites with slopes of 15% or greater. ) fi..:u.",5 - :~;;:. "12. .6-2~ i;;- f~Ml..t9 M...... kp(:-glllphr (2) Building siting or massing shall preserve public viewpoints as designated by the comprehensive plan or other adopted plans or policies. (3) Materials and design features of fences and walls should reflect that of the primary building( s) and shall also meet the applicable requirements of FWCC 22-XXX, Rockeries and retaining walls. (b) Building facade modulation and screening options, defined. Except for zero lot line townhouse development and attached dwelling units, all building facades that are both longer than 60 feet and are visible from either a right-of-way or residential use or zone shall incorporate facade treatment according to this section. Subject facades shall incorporate at least two of the four options described herein; except, however, facades that are solidly screened by Type I landscaping, pursuant to Article XVII of this chapter, Landscaping, may use facade modulation as the sole option under this section. Options used under this section shall be incorporated along the entire length of the facade, in any approved combination. Options used must meet the dimensional standards as specified herein; except, however, if more than two are used, dimensional requirements for each option will be determined on a case-by-case Ex:hibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 57 of65 basis; provided, that the gross area of a pedestrian plaza may not be less than the specified minimum of 200 square feet. See FWCC 22-1638(c) for guidelines pertaining to city center core and city center frame. (I) Facade modulation. Minimum depth: two feet; minimum width: six feet; maximum width: 60 feet. Alternative methods to shape a building, such as angled or curved facade elements, off-set planes, wing walls and terracing, will be considered; provided, that the intent of this section is met. .... :..:.:~~:~",:":'~"" '.: :. "'0>";"':'" ~ J (;,f...... -l.O.M*. Figure 6 - Sec. 22. 1635 (b) Incolporating modu~lioRs (2) Landscape screening. Eight-foot-wide Type Ulandscape screening along the base of the facade, except Type IV may be used in place of Type II for facades that are comprised of 50 percent or more window area, and around building entrance(s). For building facades that are located adjacent to a property line, some or all of the underlying buffer width required by Article XVII of this chapter, Landscaping, may be considered in meeting the landscape width requirement of this section. : GH\ ll<0.f0 .B~O 0if< . ~ o*'{<"G ~ ,: It" ",-", ~~- ri!<urc 1. Sec. 22 -1635 (h) enc';.,pofaling &.Rd5Uptd buffefS (3) Canopy or arcade. As a modulation option, canopies or arcades may be used only along facades that are visible from a right-of-way. Minimum length: 50 percent of the length of the facade using this option. ~-.. a;'- ~ ~- ~ ( ~ rll....Urc R Sc..'_ n. 1M:"". ~.~_I\IGf't~Ude Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 58 of 65 (4) Pedestrian plaza. Size of plaza: Plaza square footage is equal to one percent of the gross floor area of the building, but it must be a minimum of 200 square feet. The plaza should be clearly visible and accessible from the adjacent right-of-way. + I I 1 l'''''''''lAe.e figure 9 - Sec. 22 - 1635 (b) lncorpo<aling pede$llian plaza (c) Building articulation and scale. (I) Except for zero lot line townhouse development and attached dwelling units, building facades visible from rights~of-way and other public areas should incorporate methods of articulation and accessory elements in the overall architectural design, as described in subsection (c)(2) of this section. ) f:~u~:C' .':' . .:;.,,~- _ ~. h:':~ ~~~ UullU"ll . .tIcAtlli>n =.. r ,. ... ~~. J ri~'Un'" ."ic...... l~ - J~)~ it: I ACce 'I~ory E~menh. . ...~.. ~ ~\.. Sho~M -*'down hgUf"o: 12 . ~""_ 11 . 1{;:;5 fe) Mwotk.Mur.af Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 59 of 65 ~~rli:.~ llllliJ rJL:lJ _ AtcNteccur....n.ril$ Ar~ft.fuf6 .....IeAII'..atlllIIOnS (,8flClKa,..dpuMeptaZ.. Fifur..- I ~ - S....c. 2:! . 16J5 ee, (2) Methods to articulate blank walls: Following is a nonexclusive list of methods to articulate blank walls, pursuant to FWCC 22-1564(u) and subsection (c)(I) of this section: a. Showcase, display, recessed windows; b. Window openings with visible trim material, or painted detailing that resembles trim; c. Vertical trellis(es) in front of the wall with climbing vines or similar planting; d. Set the wall back and provide a landscaped or raised planter bed in front of the wall, with plant material that will obscure or screen the wall's surface; e. Artwork such as mosaics, murals, decorative masonry or metal patterns or grillwork, sculptures, relief, etc., over a substantial portion of the blank wall surface. (The Federal Way arts commission may be used as an advisory body at the discretion of the planning staff); f. Architectural features such as setbacks, indentations, overhangs, projections, articulated cornices, bays, reveals, canopies, and awnings; g. Material variations such as colors, brick or metal banding, or textural changes; and h. Landscaped public plaza(s) with space for vendor carts, concerts and other pedestrian activities. (3) See FWCC 22-1638(c) for supplemental guidelines. (Ord. No. 96-271, * 3, 7-2-96; Ord. No. 99- 333, ~ 3,1-19-99; Ord. No. 00-382, S 3,1-16-01; Ord. No. 03-443, * 3, 5-20-03; Ord. No. 06-515, * 3,2-7-06; Ord. No. 07-554, * 5(Exh. A(15)), 5-15-07) 22-1638 District guidelines. In addition to the foregoing development guidelines, the following supplemental gUidelines apply to individual zoning districts: (a) Professional office (PO), neighborhood business (BN), and community business (BC). (I) Surface parking may be located behind the building, to the side( s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to FWCC 22-1634(d). (2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and shall incorporate windows and other methods of articulation. (3) Building entrances shall be architecturally emphasized and shall incorporate transparent glass. (4) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings, and/or streetscape amenities, in a context-sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and access to other existing plaza or streetscape features. (5) Ground-level mirrored or reflective glass is not allowed adjacent to a public right-of-way or pedestrian area. (6) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not screened by Type I landscaping as defined by Article XVII, shall utilize vinyl-coated mesh, powder- coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern. For residential uses only: (7) All significant trccs withiA a 20 foot perimctcr strip around thc sitc shall bc retained and/or rcfllaced withiA the applicable rcql:lired landscapc buffer. (81) Landscaped yards shall be provided between building(s) and public street(s). Parking lots should be beside or behind buildings that front upon streets. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 60 of 65 (9.8.) Parking lots should be broken up into rows containing no more than 10 adjacent stalls, separated by planting areas. (W2J Pedestrian walkways (minimum six feet wide) shall be provided between the interior of the project and the public sidewalk. (++ lQ) Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields. 20. Figure 16. Sec. 22 - 1638 (a) (Hll) Principal entries to buildings shall be highlighted with plaza or garden areas containing planting, lighting, seating, trellises and other features. Such areas shall be located and designed so windows overlook them. Figure 17 - Sec. 22 - 1638 (a) (-811) Common recreational spaces shall be located and arranged so that windows overlook them. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 61 of65 Figure 18 - Sec. 22 -1638 (a) (+4U) Units on the ground floor (when permitted) shall have private outdoor spaces adjacent to them so those exterior portions of the site are controlled by individual households. Figure 19 - Sec. 22 - 1638 (a) (gli) All new buildings, including accessory buildings such as carports and garages, shall appear to have a roof pitch ranging from at least 4: 12 to a maximum of 12: 12. Figure 20 - Sec. 22 - 1638 (a.l (M 12) Carports and garages in front yards should be discouraged. (H~) The longest dimension of any building facade shall not exceed 120 feet. Buildings on the same site may be connected by covered pedestrian walkways_ (+&1]) Buildings should be designed to have a distinct "base," "middle" and "top." The base (typically the first floor) should contain the greatest number of architectural elements such as windows, materials, details, overhangs, cornice lines, and masonry belt courses. The midsection, by comparison, may be simple. (Note: single-story buildings have no middle.) The top should avoid the appearance of a flat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 62 of 65 tt~Rn.~'!J-S...; >.'). .('~~t2~ (+91]) Residential design features, including but not limited to entry porches, projecting window bays, balconies or decks, individual windows (rather than strip windows), offsets and cascading or stepped roof forms, shall be incorporated into all buildings. Window openings shall have visible trim material or painted detailing that resembles trim. (;W19) Subsection (a)(HI4) of this section shall apply to self-service storage facilities. (b) Office park (OP), corporate park (CP), and commercial enterprise (CE). (1) SurfaGe parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to FWCC 22-1634( d). (2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way. (3) Building entrances shall be architecturally emphasized and shall incorporate transparent glass. (4) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings, and/or streetscape amenities, in a context-sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and accessibility from the building to other existing plaza or streetscape features. (5) Ground-level mirrored or reflective glass is not allowed adjacent to a public right-of-way or pedestrian area. (6) Ifutilized, chain-link fences visible from public rights-of-way or adjacent properties, and not screened by Type [ landscaping as defined in Article xvn, shall utilize vinyl-coated mesh, powder- coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern. For non-single-family residential uses only: (7) Subsections (a)(5) through (a)(11) of this section shall apply. (c) City center core (CC-C) and city center frame (CC-F). (I) The city center core and frame contain transitional forms of development with surface parking areas. However, as new development or redevelopment occurs, the visual dominance of surface parking areas shall be eliminated or reduced. Therefore, parking shall be located behind building(s), with building(s) located between rights-of-way and the parking area(s), or in structured parking, and any parking located along a right-of- way is subject to the following criteria: . a. In the city center core, surface parking and driving areas may not occupy more than 25 percent of the project's linear frontage along principal pedestrian right(s)-of-way, as detennined by the director. b. In the city center frame, surface parking and driving areas may not occupy more than 40 percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the director. c. A greater amount of parking and driving area than is specified in subsections (c)(l )(a) and (b) of this section may be located along other rights-of-way; provided, that the parking is not the predominant use along such right-of-way, as determined by the director. (2) Principal entrance facades shall front on, face, or be clearly recognizable from the right- of-way, and/or from the principal pedestrian right-of-way, as determined by the director, for projects exposed to more than one right-of-way. ) Ex.hibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02f26/2009 Page 63 of 6S (3) Building facades shall incorporate a combination of facade treatment options as listed in FWCC 22-1635(b) and 22-1635(c)(2), to a degree that is appropriate to the building size, scale, design, and site context, and according. to the following guidelines: a. Principal facades containing a major entrance, or located along a right-of-way, or clearly visible from a right-of-way or public sidewalk, shall incorporate a variety of pedestrian-oriented architectural treatments, including distinctive and prominent entrance features; transparent glass such as windows, doors, or window displays in and adjacent to major entrances; structural modulation where appropriate to break down building bulk and scale; modulated roof lines, forms, and heights; architectural articulation; canopies; arcades; pedestrian plazas; murals or other artwork; and streetscape amenities. At least 40 percent of any ground level principal facade located along a right-of-way must contain transparent glass. Landscaping shall be used to define and highlight building entrances, plazas, windows, walkways, and open space, and may include container gardens, wall and window planters, hanging baskets, seasonal beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens. Landscaping should not block views to the building or across the site. Foundation landscaping may be used to enhance but not replace architectural treatments. b. Secondary facades not containing a major building entrance, or located along a right- of-way, or clearly visible from a right-of-way or public sidewalk, may incorporate facade treatments that are less pedestrian-oriented than in subsection (c )(3)( a) of this section, such as a combination of structural modulation, architectural articulation, and foundation landscaping. c. Principal facades of single-story buildings with more than 16,000 sq. ft. of gross ground floor area shall emphasize facade treatments that reduce the overall appearance of bulk and achieve a human scale. This may be accomplished through such design techniques as a series of . distinctive entrance modules or "storefronts" framed by projecting, offset rooflines, and/or a major pedestrian plaza adjacent to the entrance. (4) Pedestrian pathways shall be provided from rights-of-way, bus stops, parking areas, and any pedestrian plazas and public on-site open space to primary building entrances. Where a use fronts more than one right-of-way, pedestrian access shall be provided from both rights-of-way, or from the right-of-way nearest to the principal building entrance. Multiple-tenant complexes shall provide pedestrian walkways connecting all major business entrances on the site. Pedestrian pathways shall be clearly delineated by separate paved routes using a variation in color and texture, and shall be integrated with the landscape plan. Principal cross-site pedestrian pathways shall have a minimum clear width of six feet in the city center frame, and a minimum clear width of eight feet in the city center core, and shall be protected from abutting parking and vehicular circulation areas with landscaping. (5) Drive-through facilities and stacking lanes shall not be located along, or in conjunction with, a building facade that faces or is clearly visible from a right-of-way, public sidewalk, or pedestrian plaza. Such facilities shall be located along other, secondary facades, as determined by the director, and shall meet the separation, screening, and design standards listed in FWCC 22-1 634(g)(2)(b), (c), and (d). (6) Above-grade parking structures with a ground level facade visible from a right-of-way shall incorporate any combination of the following elements at the ground level: a. Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal frontage along the right-of-way; or b. A 15-foot-wide strip of Type III landscaping along the base of the facade; or c. A decorative grille or screen that conceals interior parking areas from the right-of-way. (7) Facades of parking structures shall be articulated above the ground level pursuant to FWCC 22-1635(c)(I). (8) When curtain wall glass and steel systems are used to enclose a building, the glazing panels shall be transparent on 50 percent of the ground floor facade fronting a right-of-way or pedestrian area. (9) Chain-link fences shall not be allowed. Barbed or razor wire shall not be used. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments _ 02/26/2009 Page 64 of 65 (10) For residential uses, subsections (a)(6) through (a)(9), (a)(ll), (a)(12), (a)(l4), (a)(16), and (a)(l7) of this section shall apply. . (d) For all residential zones. (I) Nonresidential uses. Subsections (a)(5) through (a)(10) and (a)(I3) through (a)( 17) of this section shall apply. (2) Non-single-family residential uses except for zero lot line townhouse residential uses and attached dwelling units. Subsections (a)(5) through (a)(11) of this section shall apply. (3) Zero lot line townhouse residential uses and attached dwelling units. Subsections (a)(9), (a)(II) through (a)(14), and (a)(l1) of this section shall apply. (Ord. No. 96-271, ~ 3,7-2-96; Ord. No. 99- 333, ~ 3, 1-19-99; Ord. No. 00-382, * 3, 1-16-01; Ord. No. 03-443, S 3, 5-20-03; Ord. No. 05-506, ~ 3, 10-18-05; Ord. No. 06-515, * 3,2-7-06; Ord. No. 07-554, S 5(Exh. A(15)), 5-15-07; Ord. No. 07-559, S 3(Exh. A), 7-3-07) K:\2008 Code Amendmenls\Trees, Vegetation, & Grading\LUTC\022309 Meeting\Exhibit A Proposed Code Amendments.doc ) Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 65 of65 DRAFT :: February 4,2009 7:00 p.m. CITV OF FEDERAL WAY PLANNING COMMfSSfON City Hall Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Lawson Bronson, Wayne Carlson, Tom Medhurst, Sarady Long, and Tim O'Neil. Commissioners absent: none. Staff present: Community Development Services Director Greg Fewins, Senior Planner Margaret Clark, Senior Planner Janet Shull, Assistant City Attorney Peter Beckwith, and Administrative Assistant E. Tina Piety. Chair Pfeifer called the meeting to order at 7:00 p.m. ApPROV AL OF MINUTES Commissioner Bronson moved (and it was seconded) to approve the minutes of January 7, 2009, and January 21,2009 as written. The motion carried unanimously. AUOIENCE COMMENT None ADMINISTRATIVE REpORT Mr. Fewins announced that at the February 18, 2009, Planning Commission meeting we will hold our Annual Appreciation Dinner. The dinner will start at 6:00 p.m. and will take place in the Dash Point Conference Room. The regular meeting will start at 1:00 p.m. in the Council Chambers. There will be two public hearings: one on the use of recreational vehicles for temporary occupancy and the second is on construction hours (the Commission held a public hearing on the construction hours and the LUTe sent it back to Commission). In addition, there will be a study session on the 2009 work program. Mr. Fewins stated that the reorganization of the Federal Way City Code (FWCC) becomes effective February 9,2009. The codified version should be ready in about a month. He asked Commissioners if they want a hard copy of the new code or if they would be willing to access it through the website. Commissioner Hope would like a hard copy. Commissioner Bronson suggested a CD, but is willing to use the website. The other Commissioners are willing to access the code through the website. Commissioner Carlson stated that the tables on the website are difficult to read and understand. Mr. Fewins replied he would look into this issue. COMMISSION BUSINESS PU8L1C HEARING Continued - Clearing, Grading, and Tree Retention Code Amendments Ms. Shull delivered the staff report. She focused on the changes made since the January 21 SI meeting. On January 30, 2009, staff issued a final staff draft and it is this document that is being considered at tonight's meeting. There are two recommendations that staff has received numerous comments to change, namely limiting the artificial slope gradient to 3: I and limiting the height of single-family retaining walls to four feet and multi-family/commercial retaining walls to six feet After careful review of these comments, staff has concluded that the reco~endations will not be changed. The meeting was opened for public comment KIPlanniog CommiSSK>nIlOO9\M_ing $WTItlaI}' 02-04-0'l.doc Plannmg Commission Minutes Page 2 February 4,2009 Peter Townsend - He commented that he does understand the Commission is frustrated and feels the proposed amendments should be moved on, but he and other citizens are frustrated because they have only recently learned about this issue and are attempting to understand some"40 pages of proposed changes. This issue will affect thousands of homeowners. There are issues he feels have not been adequately discussed, but feels this is not the time to bring them up since the Commission wants to move the proposed amendments on to the City Council LandlUse Transportation Committee (LUTC). He suggested that in the future, staff inform homeowner associations of all proposed code amendments. Paul Gobat - He stated that the minutes of January 7, 2009, on page 2, state that the proposed amendments will not be retroactive and are intended for new lots. The draft does not address this. The City has not had much input from homeowners on the proposed code amendments. Sellevue had problems because homeowners did not have much input into some proposed amendments. Bob Ormsby - He stated that staff has done a good job. Please clarify whether the proposed code amendments will allow a homeowner to maintain their view. He has lived in a house where he lost his view because trees in the green belt grew high enough to obscure the view. What impact would the proposed code amendments have on a homeowner who remodels and changes the footprint? Paul Lymberis, Quadrant- He asked the Commissioners to look at Exhibit D, which is two examples of slopes comparing 3: I to 2: I. slopes. His concern is that given the smaU nature of the change, why should he have to go through a modification process. The 2: I slopes could be required to meet regulations for steep slopes and he asked the Commission to encourage staff to make this change. Brant Schweikl, Schweikl and Associates - He asked that if the proposed amendments are adopted, that a report be prepared after they have been in use for a while to ascertain if the proposed amendments work or not. He suggested the report include how many modifications are requested and if they are approved or not. Commissioner Carlson stated that in regards to the 2: 1 versus 3: I slopes, his inclination was to agree with the staff reconunendation. However, after reviewing Exhibit 0 on slopes and what has been said tonight, he feels that a 2: I slope at a limited, short height would be acceptable. Commissioner Carlson asked staff if a covenant allows topping and if the city does not, which regulations would take precedence? Mr. Beckwith replied that covenants are private agreements between homeowners and city regulations take precedence over covenant regulations. Mr. Carlson noted that on page 14 of Exhibit A (proposed amendments), item 22- XXX3(9)( c) deals with tree and vegetation removal and'storm- and groundwater and states that removal"... will not change the quality, quantity, or velocity of storm water or groundwater." Any kind of clearing and grading will increase the quantity of runoff, so the word "quantity" should be deleted. Chair Pfeifer asked Mr. Lymberis what he would say the height should be for a 2: I slope. Mr. Lymberis commented that he doesn't know the magic number, but ten feet seems to make the most sense because it fits the current code. Comment has been made in the past that a 3: I slope is easier to maintain; Mr. Lymberis commented that not aU slopes are intended to be maintained. Commissioner Medhurst commented that in regards to slopes, the proposed amendments should accommodate the most common exceptions. He also commented that the definition of topping could allow one to limb a tree from the bottom up and the definition should be changed. Ko\Plannu.g Conwn;ss;on\2009IMccting Sumnary 02-04.09 doc DRAFT Plarullng CommIssion Mlllutes Page 3 February 4, 2009 Commissioner Medhurst is concerned that with a 5% administrative cash deposit for bonds, because as the amount a bond increases, so will the administrative deposit. He does not feel a more expensive bond requires a more expensive administrative deposit and suggested that the administrative cash deposit be a fixed fee. In regards to retaining walls, it is stated that an exemption may be made to allow a higher wall, but it would have to lead to a "better result." What is meant by a "better result" and how could staff apply this equitably? Ms. Shull replied that the 5% administrative cash deposit was chosen because this type of bonds is not expected to be expensive. However, she understands the concern and staff is willing to consider the suggestion. As far as using the phase "better result" for allowing an exemption for retaining walls, staff wants to have flexibility in the code and since it is not possible to know all contingencies, it was felt this phase would allow for flexibility. The "better result" would be based on aesthetics or saving open space. Commissioner O'Neil asked Ms. Shull to explain the modification process; he is concerned regarding timing of a modification, not wanting it to delay a project. Ms. Shull first clarified that a modification is not a variance. A variance takes more time and effort and requires a hearing examiner hearing. The type of development standards the city currently grants modifications to include right-of-way projects, landscaping, and parking. Generally it will become apparent during the preapplication whether a modification may be wanted or not. The applicant submits a letter to the director requesting the modification explaining what is wanted and why. Any supporting documentation is included with the letter. The director will issue a recommendation on the modification request by letter. The process can take from a few days to perhaps a month or two depending upon the complexity of the request. Regardless, as long as the applicant requests the modification while their project application is being processed, the recommendation for the modification request will be completed before the project application process. Commissioner Elder commented that she has spent a great deal of time considering the slope issue. She went to another city to view how they handle slopes. She has decided that she does not support the staff recommendation for slopes, but she does support the staff recommendation for fence height. Commissioner Bronson commented that on page 2 of Exhibit A, item 20-83(b)(29), it states that the applicant may be asked for additional information at the discretion of the director. This concerns him because there is no limit on what the director may ask for and it could increase the cost and time to process the application. Ms. Shull replied that requirement is there because staff cannot anticipate all information that may be needed to process the application. Commissioner Bronson commented that on page 14 of Exhibit A, item 22-XXX3(9)(d), seems to indicate that a permit is required to remove trees and vegetation. Mr. Fewins commented that removal of trees and vegetation on a residential lot does not require city approval or permission if it meets the criteria stated in subsections a - c of thatsection. Commissioner Long asked if there is a fee for a modification request. Mr. Fewins replied there is no fee. Commissioner Long asked if a homeowner is granted a modification and his neighbor wants the same modification, does the neighbor have to submit a modification request. Ms. Shull replied that the neighbor will need to apply for a modification so that there is an official record of the request and approval. Commissioner O'Neil asked if he was to remove a tree from his backyard, how this would affect the tree unit per acre requirement Ms. Shull replied that if removing the tree would put you below the tree unit per acre requirement, then you would need to replace the tree. Be aware that for an already developed lot, you would only need to replace to the point you are currently. For example, if to meet the tree unit per acre K:IPbnning CO<<mis<ionIlQOqIMeeting SWRnat)' O!.(l4.09.doc DR A.Fl PlalUling Commission Minutes Page 4 FeblUalY 4, 2009 requirement your lot would need five trees but currently you have three, you do not need to plant two more trees. In addition, if you were to remove one of your three trees, you would only need to replace one tree, you would not have to bring the number up to five. Commissioner Medhurst asked what if I \\iant to replace with a different type of tree. Ms. Shull replied that city will have a wide-range list of acceptable replacement trees. In addition, one can request a modification. Commissioner Carlson asked staff to clarify that a parcel part of an approved subdivision would not be subject to the proposed amendments. Mr. Fewins commented that per state law, a final subdivision is vested for five years and any development within the subdivision after those five years is subject to the current code. Commissioner Carlson asked staff to speak to the topic of topping. Ms. Shull responded that the city does not have a tree topping standard. Topping is not the same as pruning and arborists say that topping almost always leads to the death of the tree. For this reason, in the proposed amendments the city considers topping the same as removing a tree. Commissioner O'Neil asked if someone cuts down a tree and thereby no longer meets the tree unit per acre requirement, how would the city know. Mr. Fewins replied that the city's code enforcement is a complaint based, meaning that unless your neighbor files a compliant, the city will not know. Commissioner Bronson moved (and it was seconded) to adopt the proposed code amendments as written and send them on to the LUTC recommending approval. Commissioner Elder commented that she favors a 2: I slope. Commissioner Carlson agreed, but also feels the height or length should be limited to six feet. Commissioner Bronson stated that a 2: I slope should be acceptable and the city can encourage developers to design 3: I slopes. Commissioner Carlson stated that engineers should be able to design aesthetically pleasing 2: I slopes. Commissioner Elder commented that properties are developed to be sold and engineers know what will and will not sell and they say 2: I slopes will sell. Commissioner O'Neil stated that he understands both the staffs and developer's views and feels that as long as the modification process is not onerous, 3: I slopes are acceptable. Commissioner Medhurst commented he is in favor of2: I slopes. Commissioner Carlson moved (and it was seconded) to amend the motion by amending section 22-XX 15 to provide for 2: I slopes with length of no greater than six feet. Commissioner Bronson commented he doesn't see a need for the six-foot length limit. The vote was held on the amendment to the motion with two opposed and five in favor; the amendment to the motion carried. It was pointed out to staff that on page 14 of Exhibit A, there are two sections numbered 9. Commissioner Medhurst commented that the bond deposit should be on a sliding scale. Commissioner Medhurst moved (and it was seconded) to amend the motion on the floor to modify Division 3 section 22- XX33 paragraph 3 to include language consistent with existing bond cash deposits to be applied on a sliding scale. The vote was held with seven in favor; the amendment to the motion carried. Commissioner Carlson moved (and it Was seconded) to amend the motion by removing the word "quantity" from section 22-XXX3(9)(c). The vote Was held with seven in favor, the amendment to the motion carried. The vote was held on the original motion to adopt the proposed code amendments as written and send them on to the LUTC recommending approval as amended. The vote was held with seven in favor, the motion as amended carried. K: \Planning Commis.ion\lOO'l\McetiRg SuRmaI)' 02.04.09.doc DRAFT Planning Corrumssion Minutes Page 5 February 4,2009 AOOlTlONAL BUSINESS Commissioner Pfeifer thanked the staff for all the work they did on the Clearing, Grading, and Tree Retention Code Amendments. He appreciated that staff involved the Master Builders Association, homeowners, developers, and engineers and that staff listened to them and made some changes based on what they heard. Mr. Fewins commented that staff intends to present the proposed amendments at the February 23, 2009, Land UseffransportationCommittee (LUTC) meeting. He also stated that the Planning Commission needs to hold elections for chair and vice-chair at their next meeting, planned for February 18,2009. AUOlENCE COMMENT. Peter Townsend - He commented that there are more issues that need to be addressed on the Clearing, Grading, and Tree Retention Code Amendments. Brant Schweikl. Schweikl and Associates - He stated that he had a project where a costly noise study was an additional study requested per the director. He asked if subdivisions are vested for five years, does that mean the CC&R's are no good after five years. He asked if Commissioner Carlson intended for his amendment to slopes to limit height and not length. Mr. Beckwith replied that the CC&R's would be a valid document, but city requirements may supersede them. Commissioner Carlson agreed that he did intend to limit the height and not the length of slopes. Mr. Fewins commented that he will ensure the LUTC is aware that height and not length was intended. ADJOURN The meeting was adjourned at 9:00 p.m. K\Planning Commiuion\2009\Meeting SumnaryO!-04-09.doc DRAFT COUNCIL MEETING DATE- M:u~b 17,1009 A?ri\1',.2.00'1 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: ~ e .::,S. h. SUBJECT: JlIR(SO(CTlONAL TRANSFER - FOREST PRACTICES ApPUCATlON REV(EW POLlCY QUESTlON: Should the City of Federal Way take over regulation of Forest Practice Class IV-General applications within the City of Federal Way COMM(TTEE: Land Useffransportation Committee (LUTC) C.~TEGOR\:-: o Consent o City Council Business MEETlNG DATE: February 23,2009 o Ordinance o Resolution o Public Hearing o Other STAFF REPORT By: Janet Shull, AICP, Senior Planner DEPT: Community Development Background: Taking over regulation of Forest Practice Class IV-General applications within the City of Federal Way is considered part of the overall code amendments related to Clearing, Grading, and Tree and Vegetation Retention. Attachments: (I) Draft Adoption Ordinance establishing intent to take over regulation of Class IV -General Forest Practices applications; (2) Copy of Planning Commission staff reports for the September 19, 2007, November 7, 2007, and January 16, 2008, Study Sessions; and November 5, 2008, November 19, 2008, January 7, 2009, January 21, 2009, and February 4, 2009 Public Hearings (the staff reports are located in a binder in the City Council offices); (3) Minutes of the Planning Commission September 19, 2007, November 7, 2007, and January 16, 2008, Study Sessions; and November 5, 2008, November 19, 2008, January 7,2009, and January 21,2009, Public Hearings (minutes are located in a binder in the City Council offices); and (4) Draft Minutes of the February 4, 2009, Planning Commission Public Hearing }lptions Considered: I. Approve recommendation to assume jurisdiction for Forest Practices Class IV _ General . applications as recommended by the Planning Commission; 2. Do not approve the proposed assumption of jurisdiction for Forest Practices Class IV -General applications; or 3. Table or defer action on assuming jurisdiction for Forest Practices Class [V -General applications STAFF RECOMMENOATlON: Approval of Option I; assumption of jurisdiction for Class IV-General Forest Practices applications as recommended by the Planning Commis . . .--.---- .--.-- '~--._,_._- ..------------..-.-----...,.-------..,..-- CITY MANAGER ArPROV AL: ~ Corrunittee D(RECTOR ApPROV AL: 6f:f Committee ~. Council COMM(TTEE RECOMMENDATION: Forward Option ; adopt the Planning Commission's recommendation to assume j",~diclion to,e",", IV"Gene...' Fo,e" P,ac'k", Z ;~n M"ch 17,2009, to, t"", ,eading" O'ini Duclos, Member PRorOSED COUNCIL MOTlON(s): I Sf READING OF ORDINANCE (March [7, 2009): HE move to forward the ordinance to a second reading for enactment on the April 7, 2009, consent agenda. .. lND REAOING OF ORD(NAt'lCE (April 7, 2009): "f move approval of the LUTC's recommendation that the City of Federal Way assume jurisdiction for Class IV-General Forest Practices applications. .. COUNCIL ACnON: o APPROVED 1 DENIED -1 TABLEOIOEFERREDINO ACTION o l\fOVEO TO SECOND READING (ordinances only) REVISED - 01106/1006 (BELOW TO BE COMPLETED BY CITY CLERKS OFFiCE) COUNCIL B(LL II I" reading Enactment reading ORDINANCE II RESOLUTION II K,lOO& Code AfllefldmeRu',Trees. Vegda.uon. &. Gnding\1...UTOt\gcoda Bill. Ordinance forest practICe doc DRAFT February 4,2009 7:00 p.m. CITY OF FEDERAL WAY PLANNlNG COMMISSION City. Hall Council Chambers MEETlNG MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Lawson Bronson, Wayne Carlson, Tom Medhurst, Sarady Long, and Tim O'Neil. Commissioners absent: none. Staff present: Community Development Services Director Greg Fewins, Senior Planner Margaret Clark, Senior Planner Janet Shull, Assistant City Attorney Peter Beckwith, and Administrative Assistant E. Tina Piety. Chair Pfeifer called the meeting to order at 1:00 p.m. ApPROV Al OF MINUTES Commissioner Bronson moved (and it was seconded) to approve the minutes of January 7,2009, and January 21, 2009 as written. The motion carried unanimously. AUDIENCE COMMENT None ADMIN 1ST RA TlVE REpORT Mr. Fewins announced that at the February 18, 2009, Planning Commission meeting We will hold our Annual Appreciation Dinner. The dinner will start at 6:00 p.m. and will take place in the Dash Point Conference Room. The regular meeting will start at 7:00 p.m. in the Council Chambers. There will be two public hearings: one on the use of recreational vehicles for temporary occupancy and the second is on construction hours (the Commission held a public hearing on the construction hours and the LUTC sent it back to Commission). In addition, there will be a study session on the 2009 work program. ( ) Mr. Fewins stated that the reorganization of the Federal Way City Code (FWCC) becomes effective February 9, 2009. The codified version should be ready in about a month. He asked Commissioners if they want a hard copy of the new code or if they would be willing to access it through the website. Commissioner Hope would like a hard copy. Commissioner Bronson suggested a CD, but is willing to use the website. The other Commissioners are willing to access the code through the website. Commissioner Carlson stated that the tables on the website are difficult to read and understand. Mr. Fewins replied he would look into this issue. COMMISSION BUSINESS PUBLlC HEARING Continued - Clearing, Grading, and Tree Retention Code Amendments Ms. Shull delivered the staff report. She focused on the changes made since the January 21 sl meeting. On January 30, 2009, staff issued a final staff draft and it is this document that is being considered at tonight's meeting. There are two recommendations that staff has received numerous comments to change, namely limiting the artificial slope gradient to 3: 1 and limiting the height of single-family retaining walls to four feet and multi-family/commercial retaining walls to six feet. After careful review of these comments, staff has concluded that the recommendations will not be changed. The meeting was opened for public comment. K:\Planning Commlssion\l009\Mecting Sucmwy 01.04-09.doc Planning CommissIon Mmutes Page! February 4, 2009 Peter Townsend - He commented that he does understand the Commission is frustrated and feels the proposed amendments should be moved on, but he and other citizens are frustrated because they have only recently learned about this issue and are attempting to understand some 40 pages of proposed changes. This issue will affect thousands of homeowners. There are issues he feels have not been adequately discussed, but feels this is not the time to bring them up since the Commission wants to move the proposed amendments on to the City Council LandlUse Transportation Committee (LUTC). He suggested that in the future, staff inform homeowner associations of all proposed code amendments. Paul Gobat - He stated that the minutes of January 7, 2009, on page 2, state that the proposed amendments will not be retroactive and are intended for new lots. The draft does not address this. The City has not had much input from homeowners on the proposed code amendments. Bellevue had problems because homeowners did not have milch input into some proposed amendments. Bob Ormsby - He stated that staff has done a good job. Please clarity whether the proposed code amendments will allow a homeowner to maintain their view. He has lived in a house where he lost his view because trees in the green belt grew high enough to obscure the view. What impact would the proposed code amendments have on a homeowner who remodels and changes the footprint? Paul Lymberis, Quadrant - He asked the Commissioners to look at Ex:hibit D, which is 1\\10 examples of slopes comparing 3: I to 2: I slopes. His concern is that given the small nature of the change, why should he have to go through a modification process. The 2: I slopes could be required to meet regulations for steep slopes and he asked the Commission to encourage staff to make this change. Brant Schweikl, Schweikl and Associates - He asked that if the proposed amendments are adopted, that a report be prepared after they have been in use for a while to ascertain if the proposed amendments work or not. He suggested the report include how many modifications are requested and if they are approved or not. Commissioner Carlson stated that in regards to the 2:1 versus 3: I slopes, his inclination was to agree with the staff recommendation. However, after reviewing Ex:hibit D on slopes and what has been said tonight, he feels that a 2: I slope at a limited, short height would be acceptable. Commissioner Carlson asked staff if a covenant allows topping and if the city does not, which regulations would take precedence? Mr. Beckwith replied that covenants are private agreements between homeowners and city regulations take precedence over covenant regulations. Mr. Carlson noted that on page 14 of Exhibit A (proposed amendments), item 22-XXX3(9)(c) deals with tree and vegetation removal and storm- and groundwater and states that removal"... will not change the quality, quantity, or velocity of stormwater or groundwater." Any kind of clearing and grading will increase the quantity of runoff, so the word "quantity" should be deleted. Chair Pfeifer asked Mr. Lymberis what he would say the height should be for a 2: 1 slope. Mr. Lymberis commented that he doesn't know the magic number, but ten feet seemsto make the most sense because it fits the current code. Comment has been made in the past that a 3: I slope is easier to maintain; Mr. Lymberis commented that not all slopes are intended to be maintained. Commissioner Medhurst commented that in regards to slopes, the proposed amendments should accommodate the most common ex:ceptions. He also commented that the definition of topping could allow one to limb a tree from the bottom up and the definition should be changed. K:\P.........g CommissionIlOO9\M_mg Summary OZ.04 .o9.doc DRAi~ ; Planning Conunission Minutes Page 3 February 4, 2009 Commissioner Medhurst is concerned that With a 5% administrative cash deposit for bonds, because as the amount a bond increases, so will the administrative deposit. He does not feel a more expensive bond requires a more expensive administrative deposit and suggested that the admimstrative cash deposit be a fixed fee. In regards to retaining walls, it is stated that an ex.emption may be made to allow a higher wall, but it would have to lead to a "better result." What is meant by a "better result" and how could staff apply this equitably? Ms. Shull replied that the 5% administrative cash deposit was chosen because this type of bonds is not expected to be expensive. However, she understands the concern and staff is willing to consider the suggestion. As far as using the phase "better result" for allowing an exemption for retaining walls, staff wants to have flexibility in the code and since it is not possible to know all contingencies, it was felt this phase would allow for flexibility. The "better result" would be based on aesthetics or saving open space. Commissioner O'Neil asked Ms. Shull to explain the modification process; he is concerned regarding timing of a modification, not wanting it to delay a project. Ms. Shull first clarified that a modification is not a variance. A variance takes more time and effort and requires a hearing examiner hearing. The type of development standards the city currently grants modi.fications to include right-of-way projects, landscaping, and parking. Generally it will become apparent during the preapplication whether a modification may be wanted or not. The applicant submits a letter to the director requesting the modification explaining what is wanted and why. Any supporting documentation is included with the letter. The director will issue a recommendation on the modification request by letter. The process can take from a few days to perhaps a month or two depending upon the complexity of the request. Regardless, as long as the applicant requests the modification while their project application is being processed, the recommendation for the modification request will be completed before the project application process~ Commissioner Elder commented that she has spent a great deal of time considering the slope issue. She went to another city to view how they handle slopes. She has decided that she does not support the staff recommendation for slopes, but she does support the staff recommendation for fence height. Commissioner Bronson commented that on page 2 of Exhibit A, item 20-83(b)(29), it states that the applicant may be asked for additional information at the discretion of the director. This concerns him because there is no limit on what the director may ask for and it could increase the cost and time to process the application. Ms. Shull replied that requirement is there because staff cannot anticipate all information that may be needed to process the application. Commissioner Bronson commented that on page 14 of Exhibit A, item 22-XXX3(9)( d), seems to indicate that a permit is required to remove trees and vegetation. Mr. Fewins commented that removal of trees and vegetation on a residential lot does not require city approval or permission if it meets the criteria stated in subsections a - c of that section. Commissioner Long asked if there is a fee for a modification request. Mr. Fewins replied there is no fee. Commissioner Long asked if a homeowner is granted a modification and his neighbor wants the same modification, does the neighbor have to submit a modification request. Ms. Shull replied that the neighbor will need to apply for a modification so that there is an official record of the request and approval. Commissioner 0 'Neil asked if he was to remove a tree from his backyard, how this would affect the tree unit per acre requirement. Ms. Shull replied that if removing the tree would put you below the tree unit per acre requirement, then you would need to replace the tree. Be aware that for an already developed lot, you would only need to replace to the point you are currently. For example, if to meet the tree unit per acre K:\Planning Commissioo\2009lMeding Summary02~.09doc DRAfT Planning Conunission Minutes . Page 4 February 4. 2009 requirement your lot would need five trees but currently you have three, you do not need to plant two more trees. In addition, if you were to remove one of your three trees, you would only need to replace one tree, you would not have to bring the number up to five. Commissioner Medhurst asked what If I want to replace with a different type of tree. Ms. Shull replied that city will have a wide-range list of acceptable replacement trees. In addition, one can request a modIfication. Commissioner Carlson asked staff to clarify that a parcel part of an approved subdi vision would not be subject to the proposed amendments. Mr. Fewins commented that per state law, a final subdivision is vested for five years and any development within the subdivision after those five years is subject to the current code. Commissioner Carlson asked staff to speak to the topic of topping. Ms. Shull responded that the city does not have a tree topping standard. Topping is not the same as pruning and arborists say that topping almost always leads to the death of the tree. For this reason, in the proposed amendments the city considers topping the same as removing a tree. Commissioner O'Neil asked if someone cuts down a tree and thereby no longer meets the tree unit per acre requirement, how would the city know. Mr. Fewins replied that the city's code enforcement is a complaint based, meaning that unless your.neighbor files a compliant, the city will not know. Commissioner Bronson moved (and it was seconded) to adopt the proposed code amendments as written and send them on to the LUTC recommending approval. Commissioner Elder commented that she favors a 2: I slope. Commissioner Carlson agreed, but also teels the height or length should be limited to six feet. Commissioner Bronson stated that a 2: I slope should be acceptable and the city can encourage developers to design 3: I slopes. Commissioner Carlson stated that engineers should be able to design aesthetically pleasing 2: I slopes. Commissioner Elder commented that properties are developed to be sold and engineers \mow what will and will not sell and they say 2: I slopes will sell. Commissioner O'Neil stated that he understands both the staffs and developer's views and feels that as long as the modification process is not onerous, 3: I slopes are acceptable. Conunissioner Medhurst commented he is in favor of2: I slopes. Commissioner Carlson moved (and it was seconded) to amend the motion by amending section 22-XX 15 to provide for 2: I slopes with length of no greater than six feet. Commissioner Bronson commented he doesn't see a need for the six-foot length limit. The vote was held on the amendment to the motion with two opposed and five in favor; the amendment to the motion carried. It was pointed out to staff that on page 14 of Exhibit A, there are two sections numbered 9. Commissioner Medhurst commented that the bond deposit should be on a sliding scale. Commissioner . Medhurst moved (and it was seconded) to amend the motion on the floor to modify Division 3 section 22- XX33 paragraph 3 to include language consistent with existing bond cash deposits to be applied on a sliding scale. The vote was held with seven in favor; the amendment to the motion carried. Commissioner Carlson moved (and it was seconded) to amend the motion by removing the word "quantity" from section 22-XXX3(9)(c). The vote was held with seven in favor; the amendment to the motion carried. The vote was held on the original motion to adopt the proposed code amendments as written and send them on to the LUTC recommending approval as amended. The vote was held with seven in favor; the motion as amended carried. KII'Ianning Commissi,",Il009lMecting Summary 02.64.09.doc DRAt Planning Commission Minutes Page 5 February 4, 2009 AODITIONAL BUSINESS Commissioner PfeIfer thanked the staff for all the work they did on the Clearing, Grading, !lnd Tree Retention Code Amendments. He appreciated that staff involved the Master Builders Association, homeowners, developers, and engineers and that staff listened to them and made some changes based on what they heard. Mr. Fewins commented that staff intends to present the proposed amendments at the February 23, 2009, Land Useffransportation Committee (LUTC) meeting. He also stated that the Planning Commission needs to hold elections for chair and vice-chair at their next meeting, planned for February 18, 2009. AUDIENCE COMMENT Peter Townsend - He commented that there are more issues that need to be addressed on the Clearing, Grading, and Tree Retention Code Amendments. Brant Schweik/. Schweik/ and Associates - He stated that he had a project where a costly noise study was an additional study requested per the director. He asked if subdivisions are vested for five years, does that mean the CC&R's are no good after five years. He asked if Commissioner Carlson intended for his amendment to slopes to limit height and not length. Mr. Beckwith replied that the CC&R's would be a valid document, but city requirements may supersede them. Commissioner Carlson agreed that he did intend to limit the height and not the length of slopes. Mr. Fewins commented that he will ensure the LUTC is aware that height and not length was intended. ) AOJOURN The meeting was adjourned at 9:00 p.m. K:\Planning Co<rmissWnl2009\Mecting Summary O!41.Q9.doc DRAt" 1 CITY OF FEDERAL WAY ORDINANCE NO. 09- AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO FOREST PRACTICES REGULATIONS; ADDING NEW SECTIONS TO FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE XIII, DIVISION 7 [FWRC 19.120). WHEREAS, the City recognizes the need to periodically modify the Federal Way City Code Chapter 22, "Zoning," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, it is in the public interest for the City Council to adopt regulations allowing for the transfer of jurisdiction of Class N -General forest practices applications that pertain to the conversion of forest land to developed conditions within the City of Federal Way; and WHEREA.S, the transfer of jurisdiction of Class IV-general forest practices applications will help implement companion code amendments pertaining to Clearing, Grading and Tree and Vegetation Retention; and WHEREAS, this ordinance, containing amendments to the text of Chapter 22 "Zoning," of the Federal Way City Code (FWCC), has complied with Process VI review pursuant to FWCC Section 22-216; and WHEREAS, the Planning Commission conducted public workshops on these code amendments on September 19,2007, November 7,2001, and January 16,2008; and WHEREAS, the Land Useffransportation Committee of the City Council of the City of Federal Way conducted a study session on these code amendments on February 25, 2008; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on October 25, 2008, and no comments or appeals were received and the DNS was finalized on ~ovember24,2008;and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on ~ovember 5,2008, and continued to ~ovember 19,2008, January 7,2009, January 21, 2009, and February 4, 2009; and forwarded a recommendation of approval to the City Council; and the Land Useffransportation Committee of the Federal Way City Council considered these code amendments on February 23, 2009, and recommended adoption of the text amendments as recommended by the Planning Commission; Now, THEREFORE, THE CITY COUNClL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAlN AS FOLLOWS:o Ordinance No. Page_of_ Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the Proposal: 1. The best interests and general welfare of the City of Federal Way would be served by amending the zoning code to allow for transfer of jurisdiction of review of Class IV -General Forest Practices applications because: a. The review of Class IV -General Forest Practices applications would be conducted by City of Federal Way staff concurrent with the review of clearing and grading plans and tree/ vegetation retention plans; and b. Approval of Class IV -General Forest Practices applications would run concurrent with approval of associated land use and/or building permit associated with a project represented by the forest land conversion to non-forest use; and c. Timing of the forest practices actions would be tied to the overall site development timeline approved for the overall project. 2. Since most forest practices within the City of Federal Way are Class IV-General conversions of forest land to a developed non-forest use, taking over jurisdiction for approval of these actions will simplify the review process for project applicants as the forest practices review can be conducted by city staff along with other permit review requirements. 3. Adoption of the zoning code amendments will help implement comprehensive plan land use and housing element policies that specify improving upon the permit review process and maximizing efficiency in the permit review process. 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 amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUG I Improve the appearance and function of the built environment. LUP6 Conduct regular reviews of the development regulations to determine how to improve upon the permit review process. HP9 Maximize efficiency in the City's development reView process and ensure that unnecessary time delays and exp~nses are eliminated. Continue to provide streamlined permitting processes for development that is consistent with the FWCP and FWCC, and that has no adverse impacts. Ordinance No. Page_of_ NEGl To preserve the City's natural systems in order to protect public health, safety, and welfare, and to maintain the integrity of the natural environment. NEP2 Preserve and restore ecological functions, and enhance natural beauty, by encouraging community development patterns and site planning that maintains and complements natural landforms. NEP 18 The City shall maintain regulations and standards to carry out the Surface Water Management Comprehensive Plan's policy of restricting stormwater runoff from all new development and redevelopment in order to minimize the potential for flooding and stream bank erosion, and preserve and enhance development and redevelopment. City policies, regulations, and standards will meet the comprehensive stormwater program requirements of the Puget Sound Plan, and will comply with NPDES permit requirements as applicable. CAl3 (Countywide Planning Policy) AU jurisdictions shall regulate development on certain lands to protect public health, property, important ecological and hydrogeological functions, and environmental quality, and to reduce public costs. The natural features of these lands include: a) Slopes with a grade greater than 40 percent; b) Severe landslide hazard areas; c) Erosion hazard areas; d) Mine hazard areas; and e) Seismic hazards. Regulations shall include, at a minimum, provisions for vegetation retention, seasonal clearing and grading limits, setbacks, and drainage and erosion controls. NEG9 Adopt standards to ensure against the loss of both public and private property in geologically hazardous areas. 2. The proposed FWCC text amendment bears a relationship to the public health, safety, and welfare because it because it establishes more prescriptive standards for clearing, grading, and retention of trees and vegetation during land development activities. Implementation of the code amendments will result in development that gives better consideration for natural site conditions and greater amount of tree and vegetation retention ona citywide basis. And 3. The proposed amendment is in the best interest of the residents of the City because site development proposals will be required to more cohesively address proposed site clearing and grading, and tree/vegetation retention as part of the permit review process. . Ordinance No. Page_of_ Section 3. New sections. New sections are added to FWCC chapter 22, article XIII, division 7 [FWRC 19.120] as set forth in the attached Exhibit A. 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. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. The codifiers of this ordinance shall update section numbers, titles, format, and style consistent with the direction in Resolution 07-509 and 09-539 to conform to the Federal Way Revised Code. Section 6. Concurrent Legislation. Currently pending ordinances or resolutions may amend the same sections as does this one, specifically Ordinance No 09-_ relating to land modification including clearing, grading, and tree and vegetation retention; changes made in this ordinance are intended to be in addition to any changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by any other ordinance or resolution. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effective Date. This ordinance shall be effective thirty (30) 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 ,2009. APPROVED: Mayor, Jack Dovey A TrEST: City Clerk, Carol McNeilly Ordinance No. Page _of_ APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY TI-lE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: K:\2008 Code Amendments\Trees Vegetation and Grading\LUTC\Adoption Ordinance forest practices.doc Ordinance No. Page _of_ EXHIBIT A FOREST PRACTICES REGULATIONS Chapter 22, Zoning Article XIII, Division 7. [FWRC Chapter 19.120) LaBd ModificatioBs Clearinl!. Gradinl!. and Tree and V cl!etation Retention Division 1. Purpose. Applicability. and Application Requirements 22-XXXl Purpose. The purpose of this Article is: (1) To promote the public health, safety, and welfare ofthe citizens of Federal Way without preventing: the reasonable development of land. (2) To promote building: and site planning: {>ractices that are consistent with natural topogra(Jhy, soils, and vegetative features, and minimize disturbance to vegetation and soils. (3) To preserve and enhance the city of Federal Way's {>hysical and aesthetic character by (>reventing: untimely and indiscriminate removal or destruction of trees and vegetation and preserving important landscape characteristics that define aesthetic character, such as trees. important vegetation species. and unique landforms or other natural features to the maximum extent possible. (4) To establish and maintain the urban tree cano{>y and its benefits including: i. Moderating the effects of wind and temperature: ii. Minimizing the impacts of impervious surfaces: iii. Stabilizing and enriching the soil: iv. Improving: air quality: v. Improving water quality: vi. Masking unwanted sound: vii. Providing visual relief and screening buffers; viii. Providing recreational benefits: ix. Enhancing the economic value of developments: and x. Preserving and enhancing a valuable asset to the community as a whole. (5) To establish orocedures and review criteria for aooroval of Class IV -General forest oractices. (~) To encourage site development, including clearing, excavation, and filling:, in such a manner as to minimize hazards to life, health, and property. (61) To minimize surface water and 2found water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies. @) To minimize the need for additional storm drainage facilities. @) To protect fish, wildlife, and their habitats by promoting the retention and restoration of vegetation in habitat areas. (91Q) To insure prompt development, restoration, replanting, and effective erosion control of property after land clearing and grading. 22-XXX2 Applicability. (a) This article shall not apply to development (>roposals that submitted a complete application Drior to the effective date of Ordinance 09-XXX. (b) Clearing and Grading Plan Approval Required. No person, shall remove any trees, make changes or cause changes to be made in the surface of any land by clearing, grading:. filling:, or drainage alteration Page I of 3 in the city of Federal Way without first obtaining approval of a clearing and grading plan by the director: except for those activities that are exempt as described in FWCC 22-XXX3. (c) Tree and Vegetation Retention Plan Approval Required. No person shall remove any trees on a site without first obtaining approval of a tree retention plan by the director; except for those activities that are exempt as described in FWCC 22-XXX3. Tree and vel!etation removal mav also reauire Class IV- General Forest Practices application approval as administered bv the city of FederaIWa:;~er FWCC 22- XX23 et sea. (d) Application Review Process (1) Activities requiring clearing and grading plan approval; tree and vegetation retention plan approval; and/or Class IV -General forest practices application shall be reviewed and approved in conjunction with the underlying building or land development permit application associated with the proposed activity(ies). (2) Proposed clearing, grading, and/or tree and vegetation removal activities that are not associated with a proposed building or land development activity, nor exempt per FWCC 22-XXX3, may be approved through Process Ill, subject to the following criteria: (i) Except as allowed under this chapter, it will not alter or adversely affect streams, lakes, wetlands, or geologically hazardous areas, either on or off the subject property. . (ii) It will not violate any express policy of the city. (iiil It meets at least one of the following criteria: a. It is necessary to correct an erosion or drainage problem on an undeveloped site. b. It is necessary to create new utility or access corridors. c. Other unusual circumstances exist which make it reasonable to permit clearing, grading, and/or tree and vegetation removal in advance of the issuance of a development permit, subdivision, or short subdivision approvaL or shoreline substantial development permit. Division 4. Forest Practices Re2:ulations 22-XX23 Authoritv. This division is established to regulate Forest Practices - Class IV -General pursuant to RCW 76.09 and WAC 222-20. 22-XX24 Relationship to Chapter 76.09 RCW. a. The application of this chapter to forest practice activities regulated by the Washington State Forest Practices Act (Chapter 76.09 RCW) shall be limited to Class IV - General forest practices. b. This division is intended to allow the city of Federal Way to assume iurisdiction for approval of Class IV - General forest practices a{Jprovals, occurring in the city of Federal Way, as authorized under the Washington State Forest Practices Act, Chapter 76.09 RCW. The city will act as the State Environmental Policy Act (SEP A) lead agency for all Class IV - General forest practice approvals occurring within the city limits. 22-XX26 Forest practice application requirements. (a) General Requirements. (I) A Class IV-General application shall be approved based on an approved clearing and grading plan and tree and vegetation retention plan and prior to conducting forest practices on the project site. (2) All Class IV-General applications shall describe the harvest method, including type of equipment to be used and the expected dates of commencement and completion of all harvest activities. (b) Review Criteria. (l) Class IV -General forest practices shall comply with all applicable regulations and standards as adopted by the city. (2) Class IV -General forest practices shall comply with the conditions of aporoval established through the associated development permit or approvaL Page 2 of3 22-XX27 Time limitations - Expiration of approvals. A Class IV -General approval shall be valid for two consecutive years following the date of issuance unless a longer time period has been established through an associated approval (e.g., preliminary plat approval. land use approval. building permit, etc.) in which case the time limits applicable to the associated approval shall apply. K:\2008 Code Amendments\Trees, Vegetation, & Grading\LUTC\Exhibit A forest practices only.doc ) Page 3 of) COUNCIL MEETING DATE: April 7, 2009 ITEM #:~. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AG# 07-125, 2007-08 Citywide Pavement Marking Project - Final Acceptance POLICY QUESTION: Should the Council accept the 2007-08 Citywide Pavement Marking Project constructed by Stripe Rite, Inc. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: March 16th, 2009 CATEGORY: [8J Consent D Ordinance D City Council Business D Resolution ~!AFF llE.!'!;)~J-.1l.J-=__I3i~~_~~~~~:~:LS;:l~I~~f!i~}.?~,!_g!r.!~_~!:_~.____ Attachments: LUTC memo dated March 16th, 2009. D Public Hearing D Other DEPT: Public Works Options Considered: I. Authorize final acceptance of the 2007-2008 Citywide Pavement Marking Project constructed by Stripe Rite, Inc., in the amount of $41 ,421.85 as complete. 2. Do not authorize final acceptance of the completed 2007-2008 Citywide Pavement Marking Project constructed by Stripe Rite, Inc. as complete and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Opt' /? ....~" CITY MANAGER APPROVAL: ~ Committee DIRECTOR ApPROVAL: COMMITTEE RECOMMENDATION: Place Option I on the April 7,2009 Council Consent r, Chair EX (~{( ,U.&.--/ Jim'Ferrell, Member PROPOSED COUNCIL MOTION: HI move to authorize final acceptance of the 2007-2008 Citywide Pavement Marking Project constructed by Stripe Rite, Inc. in the amount of$41,421.85 as complete. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: March 16, 2009 Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City Manager, C.O.O., Emergency Manager Rick Perez, P .E., City Traffic Engineer ~ 2007-08 Citywide Pavement Marking - Project Acceptance and Retainage Release BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above-referenced contract Stripe Rite, Inc. is complete. The final construction contract amount is $41,421.85. This is $56,518.15 below the $98,000.00 budget that was approved by the City Council on May IS" 2007. K:\LUTC\2009\03-16-09 2007"08 Pavement Marking project - Final Acceptance.doc COUNCIL MEETING DATE: April 7, 2009 . ITEM #: 5:J= .. _.._...._.._._~.__._-_._--_._--.._-_..__.__..._. ----- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: STEEL LAKE CREST PRELIMINARY PLAT ApPLICATION, FILE 07-103897-00-SU POLICY QUESTION: SHALL THE PROPOSED 28-LOT PREUMINAR Y PLAT APPLlCA nON BE APPROVED? COMMllTEE: LAND USE AND TRANSPORTATION COMMITTEE (LUTC) MEETING DATE: March 16, 2009 CATEGORY: ~ Consent D City Council Business D Ordinance ~ Resolution D D Public Hearing Other ~!~!'~~f>Q~!_~Y: .!Q~~.~!::.9~9_:.\y'Q2Q~,__~~.!l~?!:?}ll:.~~~ DEPT: Community Development Attachments: Hearing Examiner recommendation dated March 3, 2009; Steel Lake Crest Preliminary Plat staff report dated November 7,2008, with exhibits including reduced scale preliminary plat map. Options Considered: I. Adopt the Hearing Examiner Recommendation and approve the Steel Lake Crest Preliminary Plat Resolution. 2. Reject the Hearing Examiner Recommendation. 3. City Council may adopt its own recommendations and approve the Steel Lake Crest Preliminary Plat Resolution. 4. City Council may adopt its own recommendations and disapprove the Steel Lake Crest Preliminary Plat Resolution. HEARING EXAMINER'S RECOMMENDATION: Approval of the Preliminary Plat application, subject to the conditions of approval recommended by staff and the following: "I. Clearing and grading at the subdivision stage of development is limited to the extent necessary to ensure (a) gravity discharge to the detention facilities proposed by the applicant; (b) that all proposed lots are buildable; and (c) that the lots and improvements can be located and configures as proposed. Buildable lots are defined as lots that can accommodate a home with at least a 2,500 square foot footprint and still comply with all applicable regulations, including critical area regulations." CW\ Committee DIRECTOR ApPROVAL: .fC- Committee 6V1'. Council CITY MANAGER ApPROVAL: COM1\Un:EE~COMMENDA TlO~: . .Y<..;fr;"'- tt..,p pn Va{ . ~. Linda Kochm , Chair Dini Duclos, Member Jim Ferrell, Member 1;;.: rn.C.iVt'-:'1D o.dopl Il10 iir.t<r11vf ExaJ71i.Y1Cr ft[JI..""t:Y)ty}tnkhcrn./ (!.luG ROPOSED COUNCIL MOTION: c'f?rht- the> Si(el Ucl<.r. (,.'eA PIy:.fn-1JittRv!:J Pit[+ lZi5CiI~L+IC'YL-," e./fi) CUI-ne,,' i Ctl'lS-e.iCt- J'X.(U IJIA) /. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # Doc. 1.0. 47341 ~ CITY OF" _? Federal Way MEMORANDUM DATE: March 11, 2009 TO: Linda Kochmar, LUTC Chair Committee Members Duclos and Ferrell SUBJECT: Joanne Long-Woods, AICP, Senior Planner Greg Fewins, Director, Department of Community Development Cary Roe, Assistant City Manager ~ Preliminary Plat of Steel Lake Crest FROM: VIA: Attached please find copies of the Agenda Bill, Hearing Examiners Decision, and the Staff Report with all exhibits. This case is unusual in that the Hearing Examiner recommendation is different from the staff recommendation. Therefore, we would like to give a brief synopsis of the reasons for the differing recommendations. The preliminary plat application is for the subdivision of6.77 acres into 28 single family lots. The proposal is to mass grade the site, including on slopes exceeding 15%, remove a majority ofthe significant trees on site, make significant cuts and likely utilize retaining walls extensively in order to provide level building sites for the future homes. Federal Way City Code (FWCC), Chapter 20-179(a-c) limits grading and use of retaining walls on slopes exceeding 15% and requires that mature vegetation be maintained to the maximum extent possible. Staff did not feel the proposal was consistent with FWCC 20-179 (a-c) and met with the applicant in an effort to find options to make the plat more consistent with the above cited code section. The applicant made a business decision to move forward with the existing design unchanged. On November 17,2008 the Hearing Examiner held a public hearing on the proposed preliminary plat of Steel Lake Crest. Staff recommended denial of the plat for the reasons noted above. The Hearing Examiner recommended approval of the plat subject to conditions identified by staff and adding one additional condition related to grading of the site. The Hearing Examiner, in his decision, cited case law that suggests the code sections in question may be too vague to enforce consistently as well as recent case law which suggests that government must demonstrate the need for such regulations on a case-by-case basis. In light of the Hearing Examiner's recommendation, staff is supportive of moving this plat forward with a recommendation of approval. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASIDNGTON, RECOMMENDING APPROVAL OF THE STEEL LAKE CREST PRELIMINARY PLAT, FEDERAL WAY FILE NO. 07-103897-00-SU. WHEREAS, the owners, Steel Lake Plat Group, LLC, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Steel Lake Crest, and consisting of 6.77 acres into twenty-eight (28) single-family residential lots located south of 304th Street and east of 28th Avenue South; and WHEREAS, on October 4, 2008, an Environmental Mitigated Determination of Nonsignificance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEP A), Chapter 43.21 C; RCW, and WHEREAS, on November 7, 2008 Senior Planner, Joanne Long-Woods, submitted a staff report to the Federal Way Hearing Examiner with a recommendation of denial of the proposed preliminary plat; and WHEREAS, the Federal Way Hearing Examiner on November 17, 2008, held a public hearing concerning Steel Lake Crest preliminary plat; and WHEREAS, the applicant requested an extension of time on the issuance of the Hearing Examiner's decision until February 17,2009; and WHEREAS, following the conclusion of said hearing, on March 3, 2009, the Federal Way Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of Steel Lake Crest preliminary plat subject to conditions set forth therein; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to. Section 20- 127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, on March 16, 2009 the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on Steel Lake Crest preliminary plat, Res. # , Page 1 pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to fOlWard a recommendation for APPROVAL of the proposed Steel Lake Crest preliminary plat to the full City Council, with ~ changes to the Hearing Examiner recommendation; and WHEREAS, on April 7, 2009, the City Council considered the record and the Hearing Examiner recommendation on Steel Lake Crest preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes. Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. 1. The findings of fact and conclusions of the Hearing Examiner's March 3, 2009 Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, Steel Lake Crest preliminary plat, Federal Way File No. 07-103897-00 SU, is hereby approved, Res. # , Page 2 subject to conditions as contained in the March 3, 2009 Report and Recommendation of the Federal Way Hearing Examiner (Exhibit A). Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and fOlWard such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 7. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Res. # , Page 3 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS 7TH DAY OF APRIL, 2009. CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY APPROVED As To FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED By THE CITY COUNCIL: RESOLUTION No. Res. # , Page 4 Exhibit A BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY Phil Olbrechts, Hearing Examiner RE: Steel Lake Plat Group Preliminary Plat 07-103897 -OO-SU FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION INTRODUCTION The applicant requests approval of a preliminary plat to subdivide 6.77 acres into 28 lots for establishment of a single-family residential housing development. The Examiner recommends approval of the application, subject to some potential modification of the proposed clearing and grading. ORAL TESTIMONY Isaac Conlen - Planning Manager Mr. Conlen made a short introduction of the Staffs recommendation of denial of this proposal. He stated that although this is not the normal recommendation from the Staff, due to an inability of the applicant and staff to come to a consensus regarding issues pertaining to grading and clearing, they felt that the project was not consistent with applicable Federal Way standards and policies. Joanne Long-Woods - Federal Way Senior Planner Ms. Long-Woods introduced the basics of the project for the hearing, all of which is in the Staff Report and in the Finding of Facts. She also addressed mitigation measures that have been proposed regarding noise from 1-5 being blocked from the proposed project as well as the geotechnical studies that have revealed buried debris piles. The planner also specifically addressed the issues of clearing and grading that has been proposed. The overall change in elevation is approximately 70 feet across the site, and the average slope is 9.3%; however, on 6 of the lots the slope is reaching 40%. Overall, 90% of the site will need to be graded. The grading will result in 17,000 cubic yards of fill brought onto the site and will result in significant cut areas as well. She discussed these actions in relation to Chapter 9 of the Federal Way Code, the general policy of which is that as slopes increase, development in those areas should decrease and that slopes of 40% should be retained in order to prevent erosion and stormwater problems. Finally, in response to a question from the Hearing Examiner, she stated that she did not have any outstanding concerns regarding stormwater drainage resulting from the site. Brant Schwiekel - Project Planner /Engineer for Applicant with 20 years experience in the field Mr. Schwiekel began by stating the hardships he faced while designing the internal roadway for the development due to the actions of the Staff. He also stated his disagreement with the requirement of the City to install pedestrian walkways along Military Road South, as he believes it is unsafe for motorists and oedestrians alike. but the idea was incorporated into the I PA072ISoo.DOC; 1/13041.150017/) Preliminary Plat Recommendation p. 1 Findings, Conclusions and Recommendation plan in order to move the project forward. In addition, he discussed the sight distance requirements for King County being met by the proposed plan and that the grading of slopes would be necessary to build the approved road. Mr. Schwiekel then began addressing the concerns raised regarding the slopes and grading that have been proposed. He stated that the slopes were not natural to the site, as they had resulted from previous grading work. and that without the mass grading proposed, there would be no collection gradient available for stormwater runoff. The road would be elevated and the stormwater pond would be uphill from the entire infrastructure, serving no purpose. In the proposal, the applicants will not be developing the site themselves, and because of this, it would be better to allow them to do all of the grading and clearing rather than leave it up to the multiple potential builders that could be involved. Also, he discussed the concept that mass grading works for developments, because it is conducive to families that want a normal flat yard and a normal flat driveway, rather than sloping on their property. He also pointed out that the density proposed for this site is necessary and appropriate for Federal Way in order to create livable housing and to bring in property tax. Mr. Schwiekel also addressed his frustration with the Planning Staffs inability to give him standards to follow based on the language of applicable code sections, and he also believes that the new regulations are harsh on the development community and will significantly increase the difficulty to build in the City. He also stated a basic unwillingness to reduce the number of lots on the project in order to avoid building on the 40% slopes but did not really state a specific reason for this stance other than believing that he and the applicants have done their best to meet the requirements of the regulations. In his rebuttal, Mr. Schwiekel restated his belief that future citizens and residents want flat lots, flat backyards for their kids, and flat driveways that are more that access p<>ints to their garages, and the best way to handle this desire is to handle it now, under the guise of one entity, rather than waiting for each individual property owner to deal with it themselves. He also states that flat lots allow for contractors to install standard foundations, rather than foundations that are much more complicated and costly. In his belief, the only way this site can be developed is using the cuttent prop<>sal. In his closing, he showed photographs of homes on 15% slopes in other developments in Federal Way, and once again requested that the City provide him with specifiC criteria relating to the applicable regulations. Allen W oida - Applicant/Owner Mr. Woida basically outlined the route the project has taken in order to get to the current application proceeding. He also thinks that the plan is in the best interest of the City as well as the residents. And finally, he stated his belief that the applicable code language regarding grading and slope is not firm language, and the applicants should be granted a leniency, within reason, when interpreting the language of the applicable regulations. Margaret Raner - Neighbor living on Steel Lake Ms. Raner stated her concern over clear cutting the land and the grading procedures that would take place should the project be approved. She also stated that she believes there will be an adverse affect on the environment due to the removal of all but 19 trees and also that the proposal should not have been granted an exemption from the Shoreline Substantial Development Permit. Finally, she stated her agreement with the Staffs denial recommendation. Gloria Trinidad - Applicant/Owner IPA0721SOO.DOC;1113041.ISOO17J} Preliminary Plat Recommendation p.2 Findings, Conclusions and Recommendation Ms. Trinidad stated that she does not believe that the clearing of the trees will have an environmental impact and that the trees on site are alder trees, and as such are useless. Ms. Trinidad also discussed her belief that the neighborhood is beginning to resemble a slum, and new development is necessary to revive the neighborhood. Ken Miller - Deputy Public Works Director Mr. Miller testified that from an engineering standpoint, Mr. Schwiekel's design is standard and appropriate and that stormwater is not a concern of the Public Works Department at this stage. He also discusses the code and the intent of the code to use the existing topography of the land rather than to mass grade the property. In addressing the applicant's request for the City to provide specific standards and definitions to follow regarding the regulation, Mr. Miller states that specific criteria are difficult to give because of the uniqueness of each individual proposed. lot and of the site overall. He also stated that although the applicant expressed concern over the safety of providing pedestrian walkways along Military Road, this is incorporated into the City's pedestrian facilities plans and the walkways required of the applicant will connect to future walkway construction along Military Road. EXHIBITS See list of exhibits at p. 16 of the November 7, 2008, staff report prepared by Joanne Long- Woods and also: Exhibit T: Exhibit U: Exhibit V: Exhibit W: Exhibit X: Email from David Kaplan on November 12, 2008 Power Point presentation by Joanne Long-Woods Site diagrams provided by Brant Schwiekel Photos of current homes on 15% slope Letter from Deb Barker FINDINGS OF FACT Procedural: 1. Applicant. The applicant is Steel Lake Plat Group, with owners Verlin & Linda Elder, Al W oida, and Mike & Gloria Trinidad. 2. Hearing. The Hearing Examiner conducted a hearing on the application at 2:00 p.m. at Federal Way City Hall on November 17, 2008. The applicant requested, and was granted, several extensions on the issuance of a recommendation by the Examiner. The last extension expired on February 17,2009. Substantive: 3. SiteJProposal Description. The applicant proposes to subdivide approximately 6.77 acres . into 28 lots for establishment of a single-family residential housing development, with public streets, sewer, and water services. Transportation improvements will include half-street frontage improvements and dedication of 9 feet of additional right-of-way along 28th Avenue South, an internal loop roadway with curb, gutter, and sidewalks. Approximately 1.61 acres will be I PA072IS00.DOC;1I13041. 1 5001 7/} Preliminary Plat Recommendation p.3 Findings, Conclusions and Recommendation dedicated to public right-of-way and .61 acres will be allocated for storm drainage facilities, landscaping tracts along 2Sth Avenue South and Military Road South, and an 8-foot-wide pedestrian pathway that runs along the northeast edge of the plat to Military Road South. The site consists of four parcels, is rectangular in shape. and fronts onto 28th Avenue SO\1th to the west and Interstate 5 right-of-way and Military Road South to the east. There are currently three single-family residences, a shed, barn, and swimming pool on the lots. All structures are planned to be demolished. The site naturally slopes from the southwest corner to the northeast corner, and there is an approximate drop of70 feet across the site, with an average slope of 9.3%. There are a few small areas where the average. slope exceeds 40%. The majority of the. steep slopes are near the existing houses and are a result of prior grading activities on the site. The.slopes on the south edge of the site are typically 15% or greater. The vegetation on site is primarily deciduous trees with some large evergreens located on the east side of the proPerty, as well as vine maples, cedars, blackberry bushes, and nettles. There areovel' 200 trees on the site, and 87 have been identified as significant. There are also deer and songbirds existing on the subject property. Steel Lake is located within 200 feet of the proposed preliminary plat and would usually require the applicants to apply for a Shoreline Substantial Development Permit, but the Director of Community Development exempted the proposal from such a permit. 4. Characteristics of the Area. The property is situated in the central 'portion of the City in an already developed single-family residential area. The properties are located south of 30Sth with 28th Avenue South bordering the west side and the Interstate 5 right-of-way corrid;or on the east side. Single-family residences border the property to the north, west, and south. There are many significant trees surrounding the property as well. 5. Adverse Impacts. A. Clearing and Grading. Staff have recommended denial of this project due to massive clearing and grading. However, staff have not identified any adverse impacts associated with this clearing and grading. In fact, staff testified that the clearing and grading will not create any drainage problems. There is no evidence supporting a finding for any adverse impacts associated with the proposed clearing and grading. B. Tree Retention. Neighbors and staff expressed concern for the amount of trees removed by the project. The City"s tree retention requirements set the standard for acceptable levels of tree retention. As noted in the staff report, the project complies with the City's tree retention requirements. There are no other adverse impacts discern able from the record. 6. Adeauacv of Infrastructure and Public Services. As mitigated by staff, adequate infrastructure will serve development as follows: . Transportation: The to-be-constructed internal roadway will be a Type w street and include 28-foot pavement width, vertical curb and gutter, four-foot. planter strips, five-foot-wide sidewalks, three-foot utility strip, streetlights, and street trees. An S- foot-wide paved pedestrian pathway will be constructed from the internal road in the northeast area of the plat that will follow the outside edge of the proposed storm t P A0721S00.DOC;1I13041.150017/} Preliminary Plat Recommendation p.4 Findings, Conclusions and Recommendation drainage area and connect to Military Road. The half-street frontage improvements will allow safer pedestrian travel along 28th A venue South as there are no sidewalks along this area at this time, just a naITOW paved area outside of a white line marked along the roadway, which is used by students traveling along the road. The City's Traffic Engineer reviewed the submitted plans and concluded that the proposed street layout of the project is consistent with the adopted codes and Comprehensive Plan. As proposed and as required by the FWCC, all internal and external roadways shall be improved to all applicable FWCC street standards, and rights-of-ways must be dedicated by Statutory Warranty Deed to the City of Federal Way. In addition, a concurrency permit is required for the development, to determine whether there is adequate roadway capacity to accommodate the development and also identifies traffic mitigation. The analysis determined 9 Transportation Improvement Plan projects that will be impacted by the increased automobile traffic coming to and from the proposed development (See project chart on page 9 of Staff Report). This impact results in $39,790 of pro-rata mitigation necessary to maintain adopted level of service standards. . Pedestrian System: As proposed and required, the plat complies with the FWCC subdivision code requirements for on- and off-site pedestrian circulation, providing pedestrian pathways along 28th A venue South as well as on the internal road as well. . Open Space: The applicant is proposing to install a pedestrian pathway and three landscaping buffer areas, for a total of 8,223 square feet of open space, leaving 36,013.5 square feet remaining in order to meet the statutory requirements. The applicant proposes to pay a "fee in lieu of' for the remainder of the required open space, for a total of $50,155.12. The proposal was circulated to and approved by the Director of the City Parks Department, and the fee will be required to be paid upon final plat stage, based on the current assessed value of the land at that time. . Drainage: Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the requirements of Level 1 Flow control and Basic Water Quality treatment of the 1998 KCSWDM, as modified by the City. Stormwater runoff currently discharges towards the northeast corner of the site and enters a roadside ditch along the western edge of Military Road South, which then flows to the south, is conveyed through a series of pipes under Military Road and Interstate 5, and eventually drains into Lake Do11of, which lies at the upper reaches of the Mill Creek drainage basin. Mill Creek eventually flows into the Green River, which flows into the Puget Sound. Preliminary design of the drainage system indicates that stormwater runoff from the site will continue to discharge at the current, natural location. Additionally, a narrow strip of 28th Avenue South drains into Steel Lake. Street improvements to 28th A venue South will increase the amount of impervious area that drains into Steel Lake. The increase in impervious area does not warrant additional flow control or water quality treatment facilities, but the developer's engineer has agreed to install a small water quality treatment facility in the lowest downstream catch basin, if determined to be necessary. The approved storm drainage facilities must be constructed per City code requirements, prior to (P A0721Soo.DOC; 1113041.150017/1 Preliminary Plat Recommendation p.5 Findings, Conclusions and Recommendation final plat approval and recording of the subdivision. Final review and approval of the storm drainage facilities as shown on the engineering plan will occur in conjunction with full drainage review. . Water: The applicant proposes to serve th.e subdivision with a public water supply and distribution system managed by the Lakehaven Utility District. The May 18, 2007, Certificate of Water Availability indicates Lakehaven's capacity to serve the proposed development through a Developer Extension Agreement (DEA). However, the applicant will need to reapply for the availability letter since the determination is only valid for one year from the date of issuance. . Sewage: The applicant proposes to serve the proposed plat by a public sewer system managed by Lakehaven Utility District. A May 2007 Certificate of Sewer Availability indicates the district's capacity to serve the proposed development through a Developer Extension Agreement (DEA) between the applicant and the district. The applicant will be extending the sewer to the far edge of the subject site and may provide opportunities for other properties to hook up to the sewer on a latecomer basis. However, the applicant will need to reapply for the availability letter since the determination is only valid for one year from the date of issuance. . Schools: A May 8, 2007 (Ex. N) school access analysis submitted by the applicant indicates that the site is located in the service areas of Wildwood Elementary, Sacajawea Middle School, and Federal Way High School. Also, comments from this report indicate that the development will generate approximately 20-21 additional school aged children. School service areas are reviewed annually and may be adjusted to accommodate enrollment growth and new development. Middle and elementary school students would be required to walk to bus stops along 28th Avenue South, located at 3101h Street and 3Uth Street. High school students would be required to walk to school from this development. Bus stops are subject to change, as student needs increase and roads are developed. School impact fees will be collected at the time of building permit issuance. Currently those fees amount to $3,883.00 plus a $194.00 City administrative fee per single-family housing unit. School impact fees are determined on the basis of the District's Capital Facilities Plan and are subject to annual adjustment and update. . Fire Protection: South King Fire and Rescue requires that a fire hydrant be located on the east end of the plat, that the hydrants must be spaced 600.feet or less apart, and that every building lot shall have a fire hydrant within 300 feet. All hydrants shall be in service prior to and during construction. The Celtificate of Water Availability from Lakehaven Utility District indicates that water will be available to the site in sufficient quantity to satisfy fire flow standards for the proposed development. The exact number and location of fire hydrants will be reviewed and approved by South King Fire and Rescue. CONCLUSIONS OF LAW Procedural: (PA072IS00.DOC; 1/13041.150017/) Preliminary Plat Recommendation p.6 Findings, Conclusions and Recommendation 1. Authority of Hearing Examiner: FWCC 20-110 (4) and (5) provide the Examiner with the authority to conduct a hearing and make a recommendation to the City Council on preliminary plat applications. Substantive: 2. Zoning Designation: Single-Family - High Density, RS7.2. 3. Review Criteria and Application. FWCC 20-126(c) governs the criteria for preliminary plat approval. Those criteria are quoted in italics below and applied to the application under corresponding Conclusions of Law. FWCC 20-126(c): Decisional Criteria. A Hearing Examiner shall use the following criteria in reviewing the preliminary plat and may recommend approval of the plat to the City Council if: ( 1) It is consistent with the comprehensive plan; 4. The applicant p~"Oposes a residential development in an area designated by the Federal Way Comprehensive Plan and Zoning Code for residential development, within the densities specified by the Zoning Code. Overall, the pl"Oject is consistent with the Comprehensive Plan. One potential area of inconsistency concerns the mass clearing and grading proposed for the site. Due to the nonmandatory language of the applicable policy and constitutional constraints in interpreting that language, the Examiner does not find an inconsistency. The comprehensive plan policy at issue is Policy NEP55, which provides as follows: "As slope increases; development intensity, site coverage, and vegetation removal should decrease, and thereby minimize drainage problems, soil erosion, siltation, and landslides. Slopes of 40 percent or more should be retained in a natural state, free of structures and other land surface modifications. " There is no clearing and grading discern able from the record of slopes of 40% or more. The issue for purposes of this application is whether development intensity, site coverage and vegetation removal has "decreased" as slopes have "increased." Page 8 of the staff report notes that "the grading plan shows significant cutting and filling in areas exceeding 15% slope." In order to abide constitutional and statutory requirements and to avoid successful legal challenge, the City should interpret its regulation in a manner that is consistent with constitutional and statutory requirements. It is fairly clear from the record that the only way the applicant can avoid the disturbance of the 15% slopes is by reducing the number of lots in those areas. Consequently, a strict application of NEP55 results in a set-aside of property. In this respect, the NEP55 and related regulations are similar to the King County open-space set-aside requirements assessed in Citizens' Alliance for Property Rights v. King County, 145 Wn. App. 649 (2008). In that case the appellate court struck down a King County development regulation requiring portions of property to be retained in its natural state as violating RCW 82.02.020. The Court found that RCW 82.02.020 required King County to show that its set-aside requirements were necessary to mitigate problems created by a development proposal (legally tenned "nexus") {PA0721500.DOC;1I13041.l50017l} Preliminary Plat Recommendation p. 7 Findings, Conclusions and Recommendation and that the amount of property set-aside was in proportion to the magnitude of the adverse impacts created by the development (legally termed "proportionality"). The Court constmed RCW 82.02.020 as placing the burden of proof on nexus and proportionality upon the government. The Court struck down King County's open-space set-aside requirements because King County failed to meet its burden. Given the King County case, the City should interpret Policy NEP55 in a manner that restricts development when to do so is necessary to avoid adverse impacts of clearing and grading steep slopes. A second constitutional issue that must be used as an interpreted tool is the "void for vagueness" doctrine, where courts will invalidate a development requirement on due process grounds when it is so vague that persons of common intelligence must necessarily guess at its meaning and differ as to its application. Anderson.v. Issaquah, 70 Wn. App. 64 (1993). Consequently, in order to avoid invalidation, vague standards such as "minimize" must only be interpreted as restricting development when it is absolutely clear that the standard has been violated. To do otherwise would simply lead to invalidation anyway. As noted in the Findings of Fact, there was no evidence presented at the hearing to show that the mass grading and clearing would create any adverse impacts. Staff even testified that the mass clearing and grading would not create any drainage problems. Federal Way also has some fairly detailed critical area regulations that would prevent any clearing/grading or development activity that would result in any geological hazards. NEP55, as is the case with most comprehensive plan policies, is also vague. It requires that clearing/grading activities "decrease" as slope increases. There is no indication of what level of development is appropriate for the steep slopes on the property. NEP55 is also not a mandatory provision; it only requires that development activity "should" decrease as slopes increase. The City's critical area regulations guide and restrict development on steep slopes. Given the absence of any evidence showing adverse impacts and the vagueness of NEP55, the Examiner concludes that the City's critical area ordinance adequately implements NEP55 for this project and no further limitation on development is required. FWCC 20-126(c)(2): It is consistent with all applicable provisions of the Chapter, including those adopted by reference from the comprehensive plan: 5. As detailed in the staff report, the proposed preliminary plat is consistent with all applicable subdivision regulations and those adopted by reference from the comprehensive plan. The one point where the Examiner disagrees in the staff analysis is staff s finding that the project mass grading and clearing fails to comply with FWCC 20-179. Due to the statutory and constitutional constraints on interpretation detailed in Conclusion of Law No.5, the Examiner finds that the project is marginally consistent with FWCC 20-179, with some modification. FWCC 20-179 provides as follows: (a) All natural vegetation shall be retained on the site to be subdivided except that which will be removed for improvements or grading as shown on approved engineering plans. For zero lot line townhouse development, clearing and grading shall be allowed to accommodate the construction of the building(s). If development is to be phased, clearing and grading shall also be phased. A {PA0721S00.DOC;1I13041. lSOOl?/} Preliminary Plat Recommendation p.8 Findings, Conclusions and Recommendation preliminary clearing and grading plan shall be submitted as part of preliminary plat application. (b) Existing mature vegetations shall be retained to the maximum extent possible. Preservation of significant trees pursuant to FWCC 22-1568 shall apply solely to the development of each single-family lot at the time a building pennit is applied for. (c) Lots created on slopes of 15 percent or greater shall minimize grading and shall not result in extensive use of retaining walls. Slopes are to be measured in their natural state. The applicant testified that the clearing and grading was necessary to provide. a gradient for stormwater discharge and to allow for level lots. To the extent that the clearing and grading is necessary for stormwater discharge, the Examiner finds that the clearing/grading is necessary for improvements as contemplated in FWCC 20-179(a). To the extent that the clearing and grading is only necessary to provide for level driveways or yards, the Examiner does not find the clearing/grading consistent with FWCC 20-179(a). The project will be conditioned to allow clearing and grading only to the extent necessary for stonnwater discharge and buildable lots, within the context of the proposed lot and improvement configuration. FWCC 20-179(b) is probably the most difficult standard from the developer's perspective, since it is fairly specific in requiring vegetation to be retained "to the maximum extent possible." Taken literally, this would mean no development should be allowed except for the constitutional takings minimum of one or two homes. Since vegetation covers most an developable sites in Federal Way, a literal application of FWCC 20-179(b) would severely restrict development and would prevent Federal Way from reaching its growth targets mandated by the Washington State Growth Management Act, Chapter 36.70A RCW. Going beyond the constitutional minimum. the City is again left with a vague standard because it is difficult to come to an objective conclusion on what design preserves vegetation "to the maximum extent possible." The proposed condition in the preceding paragraph allows the applicant to have the number of buildable lots he proposes while maintaining the vegetation on each of those lots to the extent consistent with stonnwater control. As conditioned, the project satisfies FWCC 20-179(b). FWCC 20-179(c) is also satisfied by the condition of approval applied in the preceding paragraph. FWCC 20-179(c) does not limit the number of lots on slopes of 15% or more. It just requires the minimization of grading on those lots. That is precisely what the recommended condition of approval does. FWCC 20-126(c)(3): It is consistent with public health, safety, and welfare. 6. The proposed preliminary plat would permit development of the site consistent with the current Single-Family High Density land use classification of the Federal Way Comprehensive Plan and map. Proposed access and fire hydrant locations must meet all requirements of South King Fire and Rescue, and all future structures are required to be sprinklered. As conditioned, future development of the plat in accordance with applicable codes and regulations will ensure protection of the public health, safety, and welfare. {PA072ISOO.DOC; 1/l3041.1S0017/} Preliminary Plat Recommendation p.9 Findings, Conclusions and Recommendation FWCC20-126(c)(4): It is consistent with the design criteria listed in FWCC 20-2: 7. The proposed preliminary plat would promote the purposes identified in FWCC Section 20-2 and the standards and regulations therein, as identified in the staff report, including promotion of safe and convenient travel on streets, provision for the housing needs of the community, and preservation of a portion of the site as common open space. As proposed, the plat application complies will all provisions of the chapter. FWCC 20-2: This chapter is adopted in furtherance of the comprehensive plan of the City. It is hereby declared that the regulations contained in this chapter are necessary to: ( 1) Promote the health, safety and general welfare in accordance with the standards established by the state and the city; .8. As noted in the Washington State Growth Management Act, the Washington State Legislature has found it to be in the public interest to prevent urban sprawl and to promote the efficient use of infrastructure. The development, at the proposed densities, meets these objectives. Also, as previously discussed, the project provides adequate infrastructure to meet the needs of the new development. For these reasons, the project promotes the health, safety, and general welfare in accordance with the standards established by the state and the city. FWCC 20-2(2): Promote effective use of land by preventing the overcrowding or scattered development which would injury health, safety or the general welfare due to lack of water supplies, sanitary sewer, drainage, transportation or other public services, or excessive expenditure of public funds for such services: 9. As previously noted, the project constitutes development in an area that is already characterized and developed by residential development. In addition, the project will effectively use the land, combining high~density housing with high levels of open space and on-site infrastructure. Also as previously discussed, the project is served (or as conditioned will be served) by adequate infrastructure. For these reasons, the above criterion is satisfied. FWCC 20-2(4): Provide for adequate light and air. 10. The density of the project meets the density requirements for the RS7.2 'zoning district. The applicant will have to comply with the dimensional requirements of the zoning code for any structures it builds in order to get through building permit review. The dimensional standards of the City's Zoning Code set the standard for adequacy of light and air and for these reasons the above criterion is satisfied. FWCC 20-2(5): Provide for water, sewage, drainage, parks and recreational areas, sites for schools and school grounds and other public requirements: 11. As noted in the Findings of Fact, the project is served by adequate infrastructure in order to properly serve new residents as well as to prevent degradation of current services to existing residents of the area. FWCC 20-2(6): Provide for proper ingress and egress: (PA0721 SOO.DOC; 1113041.ISOOI11} Preliminary Plat Recommendation p. 10 Findings, Conclusions and Recommendation 12. According to Staff, access to all lots will comply with City design standards. The improvements to 28th Avenue South and the creation of the internal roadway loopwill aid in available safe access to the subject property. FWCC 20-2(7): Provide for housing and commercial needs of the community: 13. At the proposed densities, project satisfies the above criteria. FWCC 20-2(8): Require uniform monumenting of land divisions and conveyance of accurate legal descriptions: 14. FWCC 20-1 11 (b) requires that the survey of the proposed subdivision must be made by .or under the supervision of a registered land surveyor who shall certify that it is a true and correct representation of the land surveyed. This and other requirements like it help ensure that the objective of uniform monumenting of land divisions and accurate legal descriptions are satisfied. FWCC 20-2(9): Protect environmentally sensitive areas: 15. As noted previously, the project has gone through a review under the State Environmental Policy Act, which ensures that all environmentally sensitive areas are protected and mitigated. No appeal has been filed in regards to the SEP A determination, and although concerns regarding the significant trees and steep slopes have been raised, they do not qualify as environmentally sensitive areas. In addition, further review of the engineering site plan would take place prior to construction or final approval of the plat. FWCC 20-2(10): Provide for flexibility and site design to accommodate view enhancement, protection, protection of streams and wetlands, protection of steep slopes and other environmental significant or sensitive areas. 16. Any development of the site will have to comply with the City's critical areas ordinance, which ensures adequate protection of environmental resources. As conditioned, the project also minimizes disturbance of vegetation and slopes that are not protected by the critical areas ordinance. The criterion is satisfied. FWCC 20-12S(c)(S): It is consistent with the development standards listed in FWCC 20-151 through 20-157, and 20-178 through 20-187. 17. As noted in the staff repOlt, the subdivision complies with all standards identified above. The staff report does not find compliance with applicable clearing and grading requirements (most notably FWCC 20-179), but as conditioned the Examiner does find compliance. RECOMMENDATION The Examiner recommends approval of the preliminary plat application, subject to the conditions of approval recommended by staff and the following: . 1. Clearing and grading at the subdivision stage of development is limited to the extent {P Aonl 500.DOC; 1113041.150017/} Preliminary Plat Recommendation p.ll Findings, Conclusions and Recommendation necessary to ensure: (a.) gravity discharge to the detention facilities proposed by the applicant; (b) that all proposed lots are buildable; and (c) that the lots and improvements can be located and configured as proposed. Buildable lots are defined as lots that can accommodate a home with at least a 2,500 square foot footprint and still comply with all applicable regulations, including critical area regulations. Dated this 3rd day of March, 2009. I BFP699241.DOC; 1/13041.15001 0/) Preliminary Plat Recommendation ~ ~.'" / .~ Phil Olbrechts Hearing Examiner City of Federal Way p.12 Findings, Conclusions and Recommendation .- ,..... QJ .. ~~ H 00 i 1! CD !I" Elf ~ 0.. ro ~ ~ +-' ..-- C .- () 5= ~ l=l ~~ :'l() l=l (!) ~ (!) 00 (!) ..... u~ ..... (!) ~ .~ ;:j U.t:J " ~ (!) 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QJ .- = ;.... ~ aJ > e = ~ .: 0 e QJ ~ ....... .. ,.. ~ = 0 == OJ.) .: ~ elll""l ~ ....... = QJ = . ,...c QJ ~ . ,...c ~ ~ .. = 0 ~ ~ < < Z aJ .,...c ~ == = . . . aJ = .: 0 ~ u ~ CITVOf"'~~ Federal Way FILE COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER STEEL LAKE CREST PRELIMINARY PLAT Federal Way File No. 07-103897-00-SU PUBLIC BEARING NOVEMBER 17, 2008 Federal Way City Hall City Council Chambers 33325 8tb Avenue South Federal Way, W A 98063 Table of Contents I. Project Information...................................................................................................................... ......2 II. Consulted Departments and Agencies ....... ....... ............................... .................... ..............................3 III. State Environmental Policy Act (SEP A). .............. .... ........ ............... ....... .................. .........................3 N. Natural Environment.................................................................................................................. ........4 V. Neighborhood Characteristics.................................................................................................. ..........6 VI. General Design................................................................................................................................... 6 VII. Transportation.................................................................... .............................. ..................................8 VIII. Public Services....................................................... ........................................................ ....................9 IX. Utilities................................................................................................ .............................................10 X. Analysis of Preliminary Plat Decisional Criteria .............................................................................11 XI. Findings of Fact...... .......... ........ .... ..... ......... .......... ...... .......... ........... ....... ......... ...... ..... .....................13 XII. Recommendation ...................................................................... .................................................... ...15 XIII. List of Exhibits... ........ ............. ......... .............. ....... .... ...... ... ................................ ..... ................ ...... ...16 Report Prepared by: Joanne Long-Woods, Senior Planner November 7, 2008 .~; ~.- .~ File ~~j.J I ;'103897 -OO-SU Owners: Engineer: Surveyor: Action Requested: Relevant Dates: Staff Representative: Steel Lake Plat Group: Verlin & Linda Elder Al W oida, Mike & Gloria Trinidad 30642 28th Avenue South Federal Way, W A 98003 Brant Schweikl, PE Schweikl & Associates, PLLC 705 South 9th Street, Suite 303 Tacoma, VVA 98405 Tim Ingraham, PLS True North Land Surveying, Inc. 815 South Weller Street, Suite 200 Seattle, VVi\ 98104-3023 The applicant is seeking preliminary plat approval of a 28-10t single-family residential housing development pursuant to Federal Way City Code (FWCC) Chapter 20, "Subdivisions," Section 20-110, Division 9, "Preliminary Plat." Preliminary Plat i\pplication Filed: Application Determined Complete: Notice of Application Published: SEP A Issued: July 16, 2007 August 3, 2008 August 11, 2008 October 4, 2008 Joanne Long-VVoods, Senior Planner, 253-835-2640 Staff Recommendation: Denial of the Proposed Preliminary Plat I. PROJECT INFORMATION A. Decision Requested - The preliminary plat application is subject to a public hearing by the Hearing Examiner, recommendation to the City Council, and decision by the City Council. An analysis of the applicable preliminary plat decisional criteria, fmdings, and recommendations is provided under Sections X, XI, and xn of this report. B. Description of the Proposal- The applicant proposes to subdivide approximately 6.77 acres into 28 lots for establishment of a single-family residential housing development with public streets, sewer, and water services. Transportation improvements will include half-street frontage improvements and dedication of9 feet of additional right-of-way along 28th Avenue South, an internal loop roadway with curb, gutter, and sidewalks. Approximately 1.61 acres will be dedicated to public right-of-way and .61 acres will be allocated for stonn drainage facilities (18,449 sq. ft.), landscaping tracts along 28th Avenue South and Military Road South (4,561 sq. ft.), and an eight-foot-wide pedestrian pathway that runs along the northeast edge of the plat to Military Road South. Staff Evaluation Steel Lake Crest Preliminary Plat File 07 -103897-00-SU/Doc. J.D. 47633 Page 2 C. Property Description - The subject site, which consists of four parcels for a total of 6.77 acres, is a rectangular parcel, approximately 573.24 feet wide by 390.57 feet deep, with frontage onto 28th A venue South to the west and the Interstate 5 right-of-way and Military Road South to the east. There are currently three single-family residences, a shed, barn, and a swimming pool on the four lots. All structures will be demolished and removed from the property. D. Location - The site is located in the central portion of the City, south of 304th Street and east of 28th Avenue South in the NE ~ of Section 9, T2lN, R4E, W.M. E. Assessor's Parcel Numbers - Parcel Nos. 0921049182, 092109183, 0921049096, and 0921049161. F. Site Access - The lots within the plat will be accessed through an internal loop road off of 28th Avenue South. G. Land Use, Zoning and Comprehensive Plan Designation DIRECTION ZONING COMPREHENSIVE PLAN EXISTING LAND USE Site RS-7.2 SF - High Density Residential 3 houses, barn, shed, and a swimming pool North RS-7.2 SF - High Density Residential SFR South RS-7.2 SF - High Density Residential SFR East None None Interstate - 5 ROW West RS-7.2 SF - High Density Residential SFR II. CONSULTED DEPARTMENTS AND AGENCIES The following departments, agencies, and individuals were advised of this application. A. Community Development Review Committee (CDRC), consisting of the Federal Way Community Development Services Planning and Building Divisions; Public Works Engineering and Traffic Divisions; Parks Recreation and Cultural Resources Department; South King Fire and Rescue; Lakehaven Utility District; and Federal Way Public Schools. CDRC comments have been incorporated into this report where applicable. B. All property owners within 300 feet of the site were mailed notices of the application as required by the Subdivision code, as well as the Mitigated Determination ofNonsignificance (MDNS) as required by the State Environmental Policy Act (SEP A) and FWCC Chapter 18, "Environmental Protection." The site was also posted and notices published in the newspaper and on the City's official notice boards. Four comment letters were submitted in response to the August 11,2007, Notice of Application. Two of the letters had return addresses on them, and two were submitted as anonymous comments. Following revisions to the preliminary plat application, the City responded to the parties that provided comments on the design of the plat on October 28, 2008, and November 4, 2008. III. STATE ENVIRONMENTAL POLICY ACT (SEPA) A. The City of Federal Way issued a Mitigated Environmental Determination ofNonsignificance (MDNS) for the proposed action on October 4, 2008. This determination was based on review of information in the project file, including the environmental checklist and staff evaluation of the Staff Evaluation Steel Lake Crest Preliminary Plat File 07-1 03897-00-SU/Doc lD. 47633 Page 3 environmental checklist for Steel Lake Crest Preliminary Plat, resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment. B. The comment period for the MDNS concluded on October 20, 2008. One comment letter was received in response to the environmental determination. The City replied to this comment letter dated October 20, 2008. The applicant provided a response to the MDNS as well. The appeal period ended on November 3,2008, with no appeals to the City's environmental decision. The environmental decision is incorporated as though set forth in full. IV. NATURAL ENVIRONMENT A. Soils - The Subsuiface Exploration and Geotechnical Engineering Report, prepared by Jason Engineering & Consulting Business, Inc, and dated June 20, 2007, stated that ''the western portion of the site consisted of AldelWood gravelly sandy loam (AgB) soils. Typical Alderwood soils are moderately well drained, undulating to hilly soils that have dense, very slowly permeable glacial till at a depth of 20 to 40 inches; on uplands and terraces formed under conifers in glacial deposits. These soils are nearly level and moderately well drained. Water moves across the substratum in winter. Areas are irregular in shape and slopes range from 0 to 6 percent. Runoffis slow and the erosion hazard is slight. . The geology of the eastern portion of the site consists of Alderwood gravelly sandy loam (Age). Soil profiles are similar in type except permeability is moderately rapid in the surface layer and subsoil. However, it is very slow within the cemented layer and dense glacial till. A perched water table is as high as 18 to 36 inches at times from January through March. Runoff is slow to medium and erosion hazard is moderate." The property slopes gently from west to east. B. Topography, Slopes - The Technical Information Report & Preliminary Drainage Report states that the site naturally slopes from the southwest comer to the northeast comer. There is an approximate drop of70 feet across the site, with an average slope of 9.3%. There are a few small areas where the average slope exceeds 40%. The majority of these steep slopes are near the existing houses that have slopes up to 40% and are the result of prior grading activities. The slopes on the south edge of the site are typically 15% or greater. c. Vegetation - The geotechnical report identifies existing vegetation as primarily deciduous trees with some large evergreen trees located on the east side of the property. There are also vine maples, cedar trees, blackberry bushes, and nettles. Preliminary plat applications are subject to submittal and approval of a tree retention plan and landscape plan pursuant to FWCC Section 20-186. City policy and FWCC Section 20-179 states that "existing mature vegetation shall be retained to the .maximum extent possible, with site clearing limited to plat infrastructure improvements, such as streets, drainage, utilities, usable open space, and related improvements. Retained significant trees located outside of plat infrastructure areas would be regulated under FWCC Section 22-1568, "Significant Trees," and addressed at the time a building permit is applied for. That section further states that "lots created on slopes of 15% or greater shall minimize grading and shall not result in extensive use of retaining walls. Slopes are to be measured in their natural state." The applicant proposes to do mass grading on the site, resulting in the clearing, grading, and removal of a majority of the significant trees and other vegetation on site. There are over 200 Staff Evaluation Steel Lake Crest Preliminary Plat File 07-103897-00-SU/Doc lD 41633 Page 4 trees on the site, but not all of them are considered "significant trees." A Landscape Plan (L-i) and Tree Retention Plan (L-2) were submitted by the Roper Company, last revised submittal was submitted on August 4, 2008, but the plan was dated May 13, 2008. The plan and retention report identified that there are eighty seven (87) significant trees located on the subject site.1 Pursuant to the provisions ofFWCC Section 22-1568, removal of more than 75 percent of the significant trees requires replacement in the amount of 25 percent of the existing significant trees. The applicant proposes to retain nineteen (19) of the significant trees and provide tree replacement through installation of three (3) replacement trees at the time of planting, and further proposes to plant eight (8) additional trees on some of the lots within the preliminary plat site. The proposal will just meet the minimum required percentage of tree preservation and replacement, but the mass grading project will remove most of the internal trees and a majority of the trees on the east side ofthe parcel. As discussed in section VI.E, Grading, below, City staff is reconnnending denial of the proposed preliminary plat and the proposed mass clearing and grading of the site. D. Storm water Runoff-Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. The storm drainage facilities are being designed in accordance with the 1998 King County Surface Water Design Manual (KCSWDM), which is currently adopted by the City. The subject site is required to meet the criteria for Level 1 Flow Control and Basic Water Quality standards as described in the 1998 KCSWDM. The Preliminary Technical Information Report (TIR), with Preliminary Drainage Review prepared by Schweikl and Associates, PLLC, dated July 2007 and revised May 2008 proposes to meet the requirements for flow control and water quality by utilizing a combined detention and wet pond, as allowed under the KCSWDM. E. Wildlife and Habitat - The applicant noted in the SEP A checklist that deer and songbirds exist on the subject property, that the planting of native vegetation on the site will enhance wildlife habitat opportunities, and that no threatened or endangered species are known to be on or near the subject site. F. Steel Lake - Steel Lake is classified as a shoreline of the state and is located within 200 ft. of the proposed preliminary plat and is regulated by the FWCC, Section 18. Development projects within 200 ft. of a shoreline of the state are often required to apply for a Shoreline Substantial Development Permit, in addition to the underlying permit action. However, the applicant submitted a request to the Director of Community Development in 2007 for an exemption from the substantial development process stating that the potential impacts to the shoreline were very minimal as only the half street frontage improvements being required by the City and located at the northwest comer ofthe parcel was within 200 ft. of the shoreline. Of that area, 289 sq. ft., over half of the area would be paved dedicated right-of-way and most of the remaining area would be a landscaping buffer. The exemption was granted as requested on May 10,2007. G. Noise - The subject property is adjacent to the Interstate-5 right-of-way. The applicant was asked to submit a Noise Evaluation to determine impacts of noise from the highway on proposed residences. The applicant submitted the Environmental Noise Review, prepared by SSA I A significant tree is defined in the FWCC as a tree that is in good health, not detrimental to the community, and at least 12 inches in diameter 4.5 feet above the ground, not including red alder, cottonwood, poplar, or big-leaf maple. - Staff Evaluation Steel Lake Crest Preliminary Plat File 07- I 03897-00-SU/Doc JD. 47633 Page 5 Acoustics, LLP, dated June 1, 2007. The review identified that the outside noise levels under HUD standards for residential development, should not exceed an Ldn of 65 dBA; without additional noise reduction incorporated into the construction. The testing done on the property identified that for the Day-Night Average Noise Levels measured in the area, the acceptable Ldn was higher than that recommended by HVD, therefore mitigation was required. The two options recommended to mitigate the noise from Interstate 5 were: 1) provide above- standard exterior envelope construction mitigation; or, 2) construct a noise barrier. The applicant contacted Washington State Department of Transportation to inquire whether there were any future plans to construct a noise barrier along this length of highway. The WSDOT staff person did not confirm any plans to build such a barrier. Therefore, in subsequent correspondence, the applicant identified a preference for incorporating noise reduction standards into the construction of future homes. The proposed mitigation by SSA Acoustics, LLP was, therefore, incorporated into the mitigated SEP A determination. v. NEIGHBORHOOD CHARACTERISTICS A. Vicinity - The property is situated in the central portion of the City in an already developed single-family residential area. The site contains three older single-family residences, a shed, and a swimming pool. The properties are located south of 308th with 28th Avenue South bordering the west side and the Interstate 5 right-of-way corridor on the east side. Single-family residences border the property to the north, west, and south. There are many significant trees along the west side of the property, in the center and on the east edge. VI. GENERAL DESIGN A. Density - The total site area is 294,910 sq. ft, or 6.77 acres. Of that area, 61,290 sq. ft. will be dedicated to right-of-way and road improvements, 18,449 sq. ft. will be developed for storm drainage facilities, 4,561 sq. ft. will be developed into landscaping tracts, and 3,661 sq. ft. will be developed as a pedestrian pathway. Of the developable land, 4.75 acres, 28 lots could be built on the site of the proposed plat provided all other requirements of the FWCC are met. B. Lot Size - The underlying zoning is RS-7.2, which requires a minimum of 7,200 sq. ft. per lot. As shown on the preliminary plat map, Sheet PP1, prepared by Schweikl & Associates, lots range in size from 7,203 sq. ft. to 8,995 sq. ft. The land area excludes land set aside for roads, storm drainage pond, open space, and a pedestrian pathway. The plat meets the minimum standard necessary for lot sizes. C. Lot Layout - The lots are arranged around an internal loop road that accesses off of 28th Avenue South. There are six lots configured within the center of the road loop. All lots will access off of the internal road, with no direct access onto 28th Avenue South. An 8-foot-wide pedestrian pathway will be constructed along the north boundary of proposed Lot 28 and extend to Military Road South. The pedestrian pathway will be paved and will have lighting, landscaping, and a fence along the side. D. Parks & Open Space - FWCC 20-156(b) requires that 15% of the land be set aside for open space. Of the total land area for this plat, 44,236.5 sq. ft. is required to meet this requirement. The applicant is proposing to install a pedestrian pathway and three landscaping buffer areas, for Staff Evaluation Steel Lake Crest Preliminary Plat File 07-1 03897-00-SU/Doc. I.D 47633 Page 6 a total of 8,223 sq.ft., leaving 36,013.5 sq. ft. remaining. The applicant proposes to pay a "fee in lieu of' for the remainder of the required open space, for a total of $50,155.12. The proposal was circulated to and approved by the Director of the City Parks Department. The fee will be required to be paid at final plat stage, based on the current assessed value of the land at that time. E. Subdivision Access and Roadway System - The plat will be accessed by a single access point off of 28th Avenue South and the lots will be accessed by an internal loop road. The applicant is being asked to dedicate an additional 9 feet of right-of-way along the east side of 28th Avenue South and construct half-street frontage improvements. F. Pedestrian System - The internal loop road in the plat will include curb, gutter, and sidewalks for pedestrian access throughout the plat. In addition, an 8-foot-wide paved pedestrian pathway will be constructed from the internal road in the northeast area of the plat that will follow the outside edge of the proposed storm drainage area and connect to Military Road South. The half- street frontage improvements will allow safer pedestrian travel along 28th Avenue.South as there are no sidewalks along this area at this time; only a narrow paved area outside of a white line marked along the roadway, which is used by students travelling along the road to either a bus stop or path to their schools. G. Landscaping - The applicant's preliminary landscape plan provides landscaping as required by FWCC Chapter 20, "Subdivisions," and FWCC Section 20-186, "Landscaping protection and enhancement", including street trees along public roads and internal landscaped open space and common areas. As a recommended condition of preliminary plat approval, the applicant's final landscape plan shall be prepared in accordance with the preliminary plat conditions of approval and shall be submitted for the City's review and approval prior to issuance of engineering approval for plat improvements. FWCC Chapter 20 requires perimeter landscape buffers only when the plat abuts an incompatible zoning district. The proposed plat is bordered on two sides by single-family residential zoning; therefore, no buffers are required along the north and south boundaries of the plat. The applicant is required, however, to provide landscape buffers along an arterial street. Ten-foot landscaping buffers are provided in Tracts B & C along 28th Avenue South and a ten- foot landscaping buffer is provided along the side of Military Road South, adjacent to the exit of the pedestrian pathway. In total, 4,451 sq. ft. oflandscaping will be provided in three separate tracts. Street trees and other vegetation will contribute to visual buffering along these areas. The applicant's Tree Retention Plan prepared by the Roper Company and dated May 30, 2008, indicates the location of existing significant trees, identification of trees to be preserved, and the location of replacement trees. The plan also identifies the remainder of other trees located on the property, most of which will be removed with mass grading of the site. The FWCC requires that 25% of the significant trees remain on site or be replaced with additional evergreen trees. Of the 87 significant trees, the applicant will remove 68 of them, leaving 19 trees, or 22%. In order to meet minimum requirements of the code, the preliminary landscape plan identifies that the applicant proposes to add eleven evergreen replacement trees, placed sporadically on some of the lots within the plat. H. Clearing, Grading - Pursuant to FWCC Section 22-179, all natural vegetation shall be retained on the site to be subdivided, except that which will be removed for infrastructure improvements or grading as shown on approved engineering plans. Existing mature vegetation shall be retained to the maximum extent possible. The effect of these provisions is that mass clearing and grading Staff Evaluation Steel Lake Crest Preliminary Plat File 07-1 03897-00-SU/Doc JD 47633 Page 7 is not permitted. Only areas where infrastructure is required may be cleared prior to final plat approval. Additionally, 20-179(c) states that "lots created on slopes of 15% or greater shall minimize grading and shall not result in extensive use of retaining walls. Slopes are to be measured in their natural state." The applicant proposes to do mass grading on the site, resulting in the clearing, grading, and removal of a majority of the significant trees and other vegetation on site. There are over 200 trees on the site, but not all of them are considered "significant trees." A Landscape Plan (1-1) and Tree Retention Plan (L-2) were submitted by the Roper Company, last revised submittal was submitted on August 4, 2008, but the plan was dated May 13, 2008. The plan and retention report identified that there are eighty seven (87) significant trees located on the subject site? Pursuant to the provisions ofFWCC Section 22-1568, removal of more than 75 percent ofthe significant trees requires replacement in the amount of25 percent of the existing significant trees. The applicant proposes to retain nineteen (19) of the significant trees and provide tree replacement through installation of eleven additional replacement trees at the time of planting on some of the lots within the preliminary plat site. The proposal will just meet the minimum required percentage of tree preservation and replacement, but the mass grading project will remove most of the internal trees and a majority of the trees on the east side of the parcel. The proposed subdivision is not consistent with the provisions ofFWCC 20-179 (a), (b), or (c). The applicant proposes to mass clear and grade the site. The preliminary grading plan shows significant cutting and filling in areas exceeding 15% slope. Retaining walls are not depicted, but based on the proposed plat grading plan, it is highly likely that extensive retaining walls would be proposed with home construction. VII. TRANSPORTATION A. Street Improvements - As proposed and as required by the FWCC, any required right-of-way dedication must be established through Statutory Warranty Deed to the City of Federa1 Way and all internal and external streets must be improved to meet all applicable FWCC street standards. The section for 28th Avenue South is a section 'K' and includes a 78-foot-wide right-of-way, 44- foot pavement width, vertical curb and gutter, six-foot planter strips, eight-foot-wide sidewalks, streetlights, and street trees. Submitted plans demonstrate how the full street section can be constructed with an additional nine-foot ROW dedication. The approved internal roadway is a Type 'w' street and includes 28-foot pavement width, vertical curb and gutter, four-foot planter strips, five-foot-wide sidewalks, three-foot utility strip, streetlights, and street trees. A sight distance analysis was provided and reviewed by the City. An 8-foot-wide paved pedestrian pathway will be constructed from the internal road in the northeast area of the plat that will follow the outside edge of the proposed storm drainage area and connect to Military Road. The half-street frontage improvements will allow safer pedestrian travel along 28th Avenue South as there are no sidewalks along this area at this time; only a 2 A significant tree is defined in the FWCC as a tree that is in good health, not detrimental to the connnunity, and at least ]2 inches in diameter 4.5 feet above the ground, not including red alder, cottonwood, poplar, or big-leaf maple. Staff Evaluation Steel Lake Crest Preliminary Plat File 07-] 03897 -OO-SU/Doc. lD. 47633 Page 8 narrow paved area outside of a white line marked along the roadway, which is used by students travelling along the road to either a bus stop or path to their schools. The City's Traffic Engineer reviewed the submitted plans and concluded that the proposed street layout of the Steel Lake Crest project is consistent with the adopted codes and comprehensive plan. B. Concurrency - Per FWCC Chapter 19, Article IV, a concurrency permit is required for the development. At the applicant's request, a concurrency analysis was performed by the City to determine whether there is adequate roadway capacity to accommodate the development and identifies traffic mitigation consistent with RCW 82.02. The staff report of the Concurrency analysis identified 9 Transportation Improvement Plan (TIP) projects impacted by one or more PM peak hour trips resulting in $39,790.00 in pro-rata mitigation necessary to address any failures of the City's Level of Service (LOS) standard. The table below lists current TIP projects imp~cted by the proposed development and the appropriate pro-rata contribution. Prior to final plat approval, the applicant shall pay the project pro-rata share contribution in the amount of $39~790.00 to the City. 150 la City Center Access Phase 2 Design Study, Environmental analysis to $ 2,332.00 improve access to City Center 150 Ib City Center Access Phase 3 Add 2nd SB left-turn lane, 3rd SB right-turn $ 1,522.00 lane 150 lc City Center Access Phase 4 Widen S 320th St bridge over 1-5, realign loop $ 7,864.00 ramp and NB off-ramp SR 99 HOV Lanes Phase 3: Add HOV lanes, 2nd SB left-turn lane @ 288th, 141 2 S 284th St - SR 509 install raised median, signal @ SR 509 @ $ 14,474.00 Redondo Wy S with interconnect to II th PI S 139 10 S 320th St @ 20th Ave S Add 2nd left-turn lanes EB, WB $ 788.00 159 12 SR 99 HOV Lanes Phase 4: Add HOV lanes, install raised median $ 4,413.00 SR 509 - S 312th St 154 16 S 304th St @ 28th Ave S Add NB right-turn lane, signal $ 5,887.00 166 20 Military Rd S: S Star Lake Widen to 5 lanes, sidewalks, street lights $ 9,247.00 Rd - S 288th St 161 22 S 312th St@ 28th Ave S Add SB right-turn lane 1,494.00 48,021.00 8,231.00 VIII. PUBLIC SERVICES A. Schools - As part of the City's review of the proposal, the preliminary plat application and a School Access Analysis was prepared by Schweikl & Associates, dated May 8, 2007 and was submitted to the Federal Way School District for review. According to District comments the Staff Evaluation Steel Lake Crest Preliminary Plat File 07-1 03897-00-SU/Doc 10.47633 Page 9 proposed development will generate approximately 20 to 21 additional school aged children. The site is located in the service areas for Wildwood Elementary, Sacajawea Middle School, and Federal Way High School. The elementary and middle school students would be required to walk to bus stops along 28th Avenue South, located at 31 Oth Street and 311 th Street, respectively. The Federal Way High School students would be required to walk to school from this development. School service areas are reviewed annually and may be adjusted to accommodate enrollment growth and new development. School impact fees, as authorized by City ordinance and collected at the time of building permit issuance, are currently $3,883.00 (plus a $194.00 City administrative fee) per single-family housing unit. School impact fees are determined on the basis of the District's Capital Facilities Plan and are subject to annual adjustment and update. B. Parks & Open Space - The applicant is proposing to install a pedestrian pathway and three landscaping buffer areas, for a total of 8,223 sq.ft.,leaving 36,013.5 sq. ft. remaining. The applicant proposes to pay a "fee in lieu of' for the remainder of the required open space, for a total of$50,155.12. The proposal was circulated to and approved by the Director ofthe City Parks Department. The fee will be required to be paid at final plat stage, based on the current assessed value of the land at that time. C. Fire Protection - South King Fire and Rescue requires that a hydrant be located on the east end of the plat. Fire hydrants must be spaced 600 ft. or less apart. Every building lot shall have a fire hydrant within 300 ft. and all measurements must be made as vehicular travel distance. All hydrants shall be in service prior to and during construction. A Certificate of Water Availability from Lakehaven Utility District indicates that water will be available to the site in sufficient quantity to satisfy fIre flow standards for the proposed development. IX. UTILITIES A. Sewage Disposal- The applicant proposes to serve the proposed plat by a public sewer system managed by Lakehaven Utility District. A May 2007 Certificate of Sewer Availability indicates the district's capacity to serve the proposed development through a Developer Extension Agreement (DEA) between the applicant and the district. However, the applicant has since had to reapply for the availability letter since the determination is only valid for one year from date of issuance. The applicant still needs to apply for the DEA. B. Water Supply - The applicant proposes to serve the subdivision with a public water supply and distribution system managed by the Lakehaven Utility District. A May 18, 2007, Certificate of Water Availability indicates Lakehaven's capacity to serve the proposed development through a Developer Extension Agreement (DEA). Again, the applicant was required to re-apply for the availability letter in 2008. The DEA is still required. c. Drainage Facilities - Development of the site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. Storm drainage facilities are being designed in accordance with the requirements of Level I Flow Control and Basic Water Quality treatment of the 1998 KCSWDM, as modified by the City. The applicant's storm drainage Preliminary Technical Information Report (TIR), dated July 2007, revised May 2008, includes the Level I Drainage Analysis, which was reviewed by the City's Public Works Department. According to the TIR, stormwater runoff currently discharges towards the northeast comer of the site, and Staff Evaluation Steel Lake Crest Preliminary Plat File 07-1 03897-00-SU/Doc. J.D 47633 Page 10 enters a roadside ditch along the western edge ofMHitary Road South, which then flows to the south, is then conveyed through a series of pipes under Military Road and Interstate 5, and eventually drains into Lake Dollof, which lies at the upper reaches of the Mill Creek drainage basin. Mill Creek eventually flows into the Green River, which eventually flows into Puget Sound. Preliminary design of the plat roadway and drainage systems indicates that stormwater runoff from the site will continue to discharge at the current, natural location. Additionally, a narrow strip of 28th A venue South, along the western edge of the project site, drains to the north and west into Steel Lake. Street improvements within 28th A venue will increase the amount of impervious area that drains to Steel Lake. The increase in impervious area does not warrant additional flow control or water quality treatment facilities; however, the developer's engineer has agreed to install a small water quality treatment facility in the lowest downstream catch basin, if, during final engineering design that it is determined to be necessary. Stormwater design and plat drainage elements must conform to the standards, policies, and practices of the City of Federal Way's Public Works Development standards, and the City of Federal Way's Surface Water Management Division as outlined in the 1998 KCSWDM, the Comprehensive Suiface Water Management Plan, and the Stormwater System Operation and Maintenance Manual. The approved storm drainage facilities must be constructed per City code requirements prior to final plat approval and recording of the subdivision. x. ANALYSIS OF PRELIMINARY PLAT DECISIONAL CRITERIA The FWCC establishes review procedures and decisional criteria for deciding upon various types of land use applications. Pursuant to FWCC Chapter 22, "Hearing Examiner's Decision," Section 22- 445; and pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110; preliminary plat applications are submitted to the Hearing Examiner for public hearing. The preliminary plat application and the recommendation of the Hearing Examiner are submitted to the City Council for approval or disapproval. Hearing Examiner Preliminary Plat Decisional Criteria - Pursuant to FWCC Section 20-126(c), the Hearing Examiner may recommend approval of the proposed preliminary plat only if the following decisional criteria are met. Decisional criteria and staff responses are provided below. 1. The project is consistent with the comprehensive plan. Staff Comment: The application is subject to the adopted Federal Way Comprehensive Plan (FWCP), which designates the property as Single-Family - High-Density. The proposed land use of a Single-Family housing development is permitted is consistent with density allowances and policies applicable to this land use as established in the FWCP. However, the application is NOT consistent with Chapter 9.3 of the Comprehensive Plan, "Geologic Hazardous Areas. " Goal NEG9 states: "Adopt standards to ensure against the loss of both public and private property in geologically hazardous areas. "In Policy NEP55 of that Chapter, it further states: "as slopes increase, development intensity, site coverage, and vegetation removal should decrease and thereby minimize drainage problems, soil erosion, siltation, and landslides. Slopes of 40 percent or more should be retained in a natural state,free of structures and other land surface modifications. "The proposed design of this plat does not adhere to either the goal or policy of that chapter of the comprehensive plan. 2. The project is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan. Staff EvaJuation Steel Lake Crest Preliminary Plat File 07-103897-00-SU/Doc.I.D. 47633 Page ] ] Staff Comment: The preliminary plat application is required to comply with the provisions of the FWCC Chapter 18, "Environmental Policy"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and all other applicable codes and regulations. As proposed, to mass grade the site and create lots that require extensive grading on slopes exceeding 15% does not comply with the provisions of Chapter 20, "Subdivisions", Section 20-179, "Retention of V egetation." The applicant has identified that some areas have slopes up to 40%, some of which were created during grading for the existing homes. The grading and clearing plan shows significant cuts and fills but does not disclose where retaining walls would be placed to create buildable lots for the homes. For these reasons, the proposed subdivision does not meet the criteria of the codes listed. 3. The project is consistent with the public health, safety, and welfare. Staff Comment: The proposed etJ~ tmt..,in~ preliminary plat would permit development of the site consistent with the current Single-Family High-Density land use classification of the FWCP and map. Proposed access and fire hydrant locations must meet all requirements of South King Fire and Rescue, and all future structures are required to be sprinklered. Future development of the plat in accordance with applicable codes and regulations will ensure protection ofthe public health, safety, and welfare. 4. It is consistent with the design criteria listed in FWCC Section 20-2. Staff Comment: The proposed preliminary plat would promote the purposes identified in FWCC Section 20-2 and the standards and regulations therein, as identified in the staff report, including effective use ofland, promotion of safe and convenient travel on streets, provision for the housing needs of the community, protection of environmentally sensitive areas, and preservation of a portion of the site as common open space. As proposed, and with conditions as recommended by City staff, the preliminary plat application complies with all provisions of the chapter. 5. It is consistent with the development standards listed in FWCC Sections 20-151 through 157, and 20-158 through 187. Staff Comment: As proposed, the preliminary plat application does not comply with all applicable statutes, codes, and regulations. The proposed mass grading of the site will allow: · Extensive grading on slopes over 15%; · Clear and grade outside of proposed infrastructure improvement areas; · Is not consistent with the requirements of Section 20-179 of the Code. Planning and Public Works staff have met with the applicant to discuss these issues. Public Works staff offered suggestions on how to revise the layout and design of the plat in order to minimize the grading needed. Some of the suggestions were to: cluster development of houses in areas without steep slopes; eliminate some of the lots with the steepest slopes within the interior of the loop road and use that area for development of the required open space area; increase lot sizes; adjust road grades; or do as the code requires, to only grade the individual lots at building permit stage. The applicant has chosen to proceed without implementing any of these ideas. Staff EvaIuation Steel Lake Crest Preliminary Plat File 07- I 03897-00-SU/Doc. 1.0. 47633 Page 12 XI. FINDINGS OF FACT Based on an analysis of the preliminary plat application, environmental record, and related decisional criteria, the Department of Community Development Services finds that: 1. The proposal is to subdivide 6.77 acres into a 28-10t single-family residential housing development project. 2. The proposed single-family residential subdivision is consistent with existing Federal Way zoning and comprehensive plan designations for the RS-7.2/Single-Family High-Density zoning di stri ct. 3. City staff received and responded to written comments received from neighbors regarding potential impacts on the neighborhood from increased traffic and removal of significant trees. The comments were considered in the environmental determination on the project. 4. A Mitigated Environmental Determination ofNonsignificance (MDNS) was issued for this proposed action on October 4,2008, based on the Staff Evaluation of Environmental Checklist. One comment letter was received regarding the proposed development. No appeals of the environmental determination were filed with the City. 5. The preliminary plat was reviewed and determined to be consistent with most of the subdivision decisional criteria set forth in FWCC Section 20, including consistency with the comprehensive plan; consistency with the public health, safety, and welfare; and, consistency with the design criteria listed in FWCC Section 20-151-157; and many of the criteria in FWCC 20-176-185. However, because of the proposed grading of the site, it is not consistent with FWCC Section 20-179. 6. Lot sizes for the 28 housing parcels range from 7,203 square feet to 8,995 square feet, with an average lot size of7,39tsquare feet. This does not include areas set aside as landscaping tracts, dedicated rights-of-way, storm drainage facilities, open space, and the pedestrian pathway. 7. The applicant's proposed grading plan clears the majority of the site, including 78% of the 87 existing significant trees, in conjunction with installation of stormwater facilities and roadway and utility construction. Fifty-four significant trees are located on individual lots that would normally be preserved until building permit review stage. City staff does not support the proposed mass clearing and grading of the site due to the fact that a majority of the existing vegetation will be removed, slopes will be extensively regraded, and proposed houses in the center and north side of the proposed plat will likely require significant retaining walls to maintain slope stability. These aspects of the proposed plat are not consistent with FWCC 20- 179. Ifhowever, the Council approves the proposal as submitted, the plat will be subject to review of a final grading plan and subject to all conditions of preliminary plat approval. A TESC will be required as part of the engineering plan submittal to eliminate erosion and aesthetic Issues. 8. The applicant's significant tree inventory indicates that nineteen (19) significant trees will be retained within the proposed grading limits. The 19 plus 11 more evergreen replacement trees are proposed to be installed sporadically on some of the lots within the plat. Landscaping will be provided along main roads and in conjunction with development of common open space areas. 9. The development proposes to install more vegetation in some common open space in the planting strip along the internal loop road. The privately maintained open space includes a Staff Evaluation Steel Lake Crest Preliminary Plat File 07-103897-00-SU/Doc:.I.D. 47633 Page 13 landscaped pedestrian corridor, and landscaping buffers along 28th A venue South and Military Road South. The proposed housing development is subject to review of final landscape plans as a condition of preliminary plat approval. 10. The applicant submitted a concurrency application that was processed by the City's Traffic Engineer. The report found that the proposed development will impact 9 of the City's Transportation Improvement Plan (TIP) projects with one or more PM peak hour trips, and as a result, $39,790.00 in pro-rata mitigation must be paid to address any failures of the City's Level of Service (LOS) standard prior to final plat approval. City staff concurs with this mitigation as-a recommended condition of preliminary plat approval. 11. Vehicular access into the housing development will be available off of 28th Avenue South. Plat layout provides for good vehicle and pedestrian circulation in accordance with all applicable right-of-way improvement requirements. In accordance with the FWCC, all street improvements along 28th Avenue South must be dedicated and improved to current street standards, while landscaping improvements along Military Road South adjacent to the paved pedestrian pathway. The internal driveway width of 28 feet is satisfactory for the housing development. The City's Traffic Engineer has reviewed the project and concluded that the proposed street layout is consistent with the adopted codes and comprehensive plan in place at the time of the complete application. 12. Prior to final plat approval, traffic mitigation in the amount of $39.790 shall be paid to the City. 13. The applicant provided a school access analysis that indicates that the site will generate between 20 to 21 new school students that will be served by Federal Way High School, Wildwood Elementary School, and Sacajawea Middle School. High school students from the plat will be required to walk to school. Elementary and middle school students will be bused from existing nearby stops, or new and additional stops as the district may determine appropriate for the conditions. School impact fees will be assessed and paid to the School District with individual building permits. 14. Design and construction of surface drainage facilities in accordance with the 1998 KCSWDM and recommended conditions of preliminary plat approval, will ensure that all potential erosion, surface water runoff, water quality, and infiltration/storage-related impacts are addressed. The applicant's TIR was reviewed and accepted by the City's Public Works Deparbnent subject to final engineering review. Storm drainage facilities generally consist of infiltration trenches, pervious pavement, and a storm drainage pond. 15. The preliminary plat application was reviewed for consistency with all applicable state and local codes, policies and regulations, including the Federal Way Comprehensive Plan (FWCP); Federal Way City Code (FWCC) Chapters 18, "Environmental Policy"; 19, "Planning and Development"; 20, "Subdivisions"; 21, "Surface and Stormwater Management"; Chapter 22, Article IV "Improvements"; Article XVII "Landscaping,"; the 1998 King County Surface Water Design Manual; and Federal Way Development Standards. As proposed and recommended by staff, the preliminary plat is NOT consistent all elements of the Comprehensive Plan, specifically, Chapter 9.3, 'Geological Hazardous Areas", Goal NEG9, and Policy NEP55 as outlined above; and, the proposed plat in NOT consistent with the FWCC, specifically Section 20-179. Stafr Evaluation Steel Lake Crest Preliminary Plat File 07-1 03897-00-SU/Doc.I.D. 47633 Page 14 16. Water and sewer facilities are available from Lakehaven Utility District and are adequate to serve the proposed development. It is the applicant's responsibility to secure all necessary water and sewer services from the utility provider. XII. RECOMMENDATION Based on review of the applications, environmental record, and pertinent decisional criteria, the Department of Community Development Services recommends that the Hearing Examiner recommend DENIAL of the preliminary plat. If, however, the Examiner chooses to recommend approval, City staff recommends the following conditions be attached to such approval: 1. Prior to the City's approval of engineering plans, the applicant shall provide a detailed design for clearing and grading for the entire site. The applicant may be required to provide additional bonding or maintenance provisions for methods not currently approved by the 1998 KCSWDM. 2. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Compliance may result in reducing the number and/or location oflots as shown on the preliminary approved plat. Final storm drainage engineering plans shall comply with the following: a. Drainage plans and analysis shall comply with the 1998 KCSWDM and amendments adopted by the City of Federal Way. City of Federal Way approval of the drainage and roadway plans is required prior to any construction. b. The combined detention and water quality facility shall be designed to the Level 1 Flow Control and basic water quality treatment criteria of the 1998 KCSWDM, as amended by the City of Federal Way. Final review of the stormwater quality and detention facility will occur in conjunction with plat engineering review. 3. Prior to the City's approval of engineering plans, the applicant shall strive to reduce the quantity and overall height of any proposed retaining walls or rockeries. Approved retaining walls or rockeries associated with plat construction shall reflect residential housing, scale, design, and sensitivity of materials or treatment, including use of texture, vegetation, and terracing. If there are retaining walls added to the preliminary plat drawings that were not shown on the original drawings presented to the City Council for approval, the applicant shall be required to submit the revised drawings to the Community Development Department for a modified plat approval process through the Council. 4. Prior to final plat approval, the final plat drawing shall dedicate all common open space in open space tract( s) to be owned in common and maintained by property owners of the proposed subdivision, and shall prohibit removal or disturbance of vegetation and landscaping within the tract, except as necessary for maintenance or replacement of existing plantings and as approved by the City. A note shall be included on the final plat map that the open space tract shall not be further subdivided, may not be developed with any buildings or other structures except as may be approved by the City for recreational purposes only for the benefit of the homeowners, and may not be used for financial gain. Staff Evaluation Steel Lake Crest Preliminary Plat File 07-1 03897-00-SU/Doc I.D. 47633 Page 15 5. If the mass clearing and grading of the plat is approved, and the applic.ant proceeds to clear and grade the site, the applicant shall: a. Stabilize the site in accordance with Best Management Practices; and, b. Provide a written commitment to make every effort to commence house construction within two months of Final Plat approval; and, c. Provide an estimate of the gross value of harvest able timber on the site. Ifhome construction is not started within 2 months of final plat approval, a fee equal to the amount of the gross timber value shall be paid to the City by the owner of the plat. XIll. LIST OF EXHmITS A. Preliminary Plae A-I - Topographic Survey, prepared by Schweikl & Assoc., PLLC, May 30, 2008 A-2 - Preliminary Plat - prepared by Schweikl & Assoc., PLLC, August 4, 2008 - PPI & PP-2 A-3 - Existing Conditions - prepared by Schweikl & Assoc., PLLC, May 30, 2008 - E-I A-4 - Preliminary Grading Plans -prepared by Schweikl & Assoc, May 30,2008 - GI & G2 A-5 - Channelization Plan - prepared by Schweikl & Assoc., May 30, 2008 - CH-I B. Landscape Plans prepared by The Roper Company, Inc., August 4, 2008 B-1 - Conceptual Landscape Plan - Ll.l B-2 - Tree Retention Plan - Ll.2 C. Vicinity Map D. NOA Comment Letters Received Following Notice of Application D-I - H. David Kaplan D-2 - Douglas Freimuth E. City Responses to D-2 F MDNS Issued October 4, 2008 G. Staff Evaluation with SEPA Checklist H. SEP A Comment Letters H-l - H. David Kaplan H-2 - Brant Schweikl, Schweikl & Associates I. Responses to SEPA comments, H-I and H-2 J. Subsurface Exploration & Geotechnical Engineering Study, Jason Engineering & Consults, May 30, 2008 K. Environmental Noise Review, SSA Acoustics, LLP, June 1,2007 L. Civil Reports by Schweikl & Associates, PLLC L-I - Preliminary Technical Information Report (TIR), & Drainage Report Addendum, June 2008 M. Response to School Access Analysis by School District N. School Access Analysis, March 31, 2008 O. Certificate of Sewer Availability P. Certificate of Water Availability Q. Site Distance Report R. Response of Community Development to Shoreline Exemption Request S. Request of Applicant for Shoreline Exemption TRANSMITTED TO mE PAR11ES LISTED HEREAFTER: Federal Way Hearing Examiner Applicant - Steel Lake Plat Group Project Engineer - Brant Schweikl, Schweikl & Assoc, PLLC, 705 South 9th Street, Ste 303, Tacoma, W A 98405 Federal Way Staff - Joanne Long-Woods, Kevin Peterson, Sanjeev Tandle, William Appleton 3 Exhibit A-D: Full size plan set to the Federal Way Hearing Examiner. Staff Evaluation Steel Lake Crest Preliminary Plat File 07-103897-00-SU/Doc lD. 47633 Page ) 6 I ! 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Steel Lake Preliminary Plat File #07-103897-SU Parcels 0921049182 0921049183 092104 9096 0921049161 800 . o UHIBIT C-" PA ~ Steel La ke Crest From: h.CJavid kaplan (hdkl~ ~hotmail.com) Sent: Wed 8/15/07 4:44 PM ' To: HDavid Kaplan (hdk1934@hotmail.com) RECEIVED BY COMMUNITY OEVE' ~"MENT OEPARTMENl " AUGL7 2007 From: hdk1934@hotmail.com To: kathy. mcclung@cityoffederalway.com; deb. barker@cityoffederalway.com; hdk1934@hotmail.com Subject: Date: Wed, 15 Aug 2007 16:21:38 -0700 I have reviewed the Preliminary Plat documents for Steel Lake Crest Preliminary Plat and have one major concern. The city's evaluation of this project, as designed, has an unacceptable site distance looking south on 28th Avenue South from the North Access Drive. I live on 27th Avenue South, just North of 304th, and drive 28th Avenue South virtually every day. I know that the hill facing the proposed plat Is something of a speedway, both Northbound and I Southbound. The proposed center turn lane along the length of the project doesn't solve the site distance problem. If the project were built as designed, there would be a bunch of accidents waiting to happen. What solutlon(s) are the city proposing? Please consider this e-mail a written comment on the Notice of Land Use Application, as published in the August 11 issue of the Federal Way Mirror. If you need to contact me, my phone number is (253) 941-3819. ThaokvOU'cf(~ck~ H. David Kaplan 30240 27th Avenue South Federal Way, WA 98003-4212 EXHIBIT D"\ PAGE---LOF ---L- ncvcrvt:u l:SY COMMUNITY DEVELOPMENT DEPARTMENT AUG 2 2 2007 21 August 2007 TO: Director of Community Development Services City of Federal Way SUBJECT: Notice of Land Use Application Steel Lake Crest Preliminary Plat My wife and I own the property directly across 28th Ave. So. (30615 28th Ave. So.) that has the longest front footage that faces the proposed plat. We purchased our home 30 years ago when it was approximately 2 years old. At the time, it was sold as an "executive" home with approximately 2500 square feet and a beautiful view of Steel Lake. We were in a rural part of unincorporated King County where our neighbors had farm ~nimals (Le. horses, chickens, etc.). Traffic on 28th Ave. So. was relatively minor. During the 30 years we have lived here we have sadly watched the road get busier and busier every year to the point where there is a constant stream of traffic that makes it extremely noisy and, at times, almost unsafe to merge into it in order to exit our home. The obvious lack of growth management which, by the way, I remember as being one of the campaign reasons Federal Way should become a city, has, in my opinion,. caused much of the congestion that plagues this city. When people ask me where I live I tell them I live in a suburb of Seattle, hoping they won't ask the name of the city because I'm embarrassed to say Federal Way. From my observations there are now 4 homes and lots of trees that will become 29 homes and, if they do what they normally do, no trees. This area, as it now exists, at least has some scenic beauty and is a noise buffer to Interstate 5. In the "Description" you state "The project includes street improvements, construction of storm drainage facilities, and utility improvements". What kind of "street improvements" do you mean? Do you plan to make 28th Ave. So. a 4 lane road by widening it so that it will be touching the edge of my garage? There is no logical way you can "improve" 28th Ave. So. other than to reduce the volume of vehicle traffic using it. Do you plan to put a stop light on 28th Ave. So. so these new home owners can enter and exit their property without getting broadsided? If you do that, 28th Ave. So. traffic will stack up at the stop light which will further congest the road and the rest of us will never be able to enter the road. If the "street improvement" is to repave the road or to maintain the road aren't those things that are already being done? I firmly believe that somebody needs to look at this, not from the standpoint of a developer looking to make a buck, but from the standpoint oftbe citizens of Federal Way, especially those of us that live in close proximity to it. EXliIB!T p....~ PAGE-l-OF ~ To show you how serious I am about this issue, I will retract this letter if somebody will pay me the fair market value for my home. As a matter of fact, I will sell my home immediately and vacate it within 30 days even if it means putting all my possessions in storage. People have told me that I am wasting my time writing this letter since nobody will probably even bother to read it and, if they do, nobody cares or will do anything anyway. They may be right, but I look at it like an election, it's harder to complain about the results if you didn't bother to vote. ;J:.' k:~~ Do~Umnh EXHIBIT D-'" PAGE--10F ~ &. CITY OF (,;1 r Y HALL '--J '-.:.::/ U U ~~~-H~LL \~ \SJJ ~ V 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com A Federal Way November 6, 2008 Mr, Douglas Freimuth 30615 2SII1 Avenue South Federal Way, WA 9S003 RE: File #07-103898-00-SE; RESPONSE TO COMMENTS Steel Lake Crest Preliminary Plat, 30642 28th Avenue South, Federai Way Dear Mr. Freimuth: I am a Senior Planner with the City of Federal Way and have been given the above-referenced case to take through the public review process. I am writing in response to comments you submitted on this project when the Notice of Application was published in 2007. At that time, staff copied and distributed those comments to the Public Works Dept. and the applicant's engineer for evaluation and response. Your concerns were basically about the increase in traffic on 28111 Avenue South and the potential need to widen the road to four (4) lanes. I would like to make sure that you understand the current status of the proposed plat. This plat configuration has gone through a few design changes over the past year. As you mayor may not know, the present right-of-way width on 2SII1 Avenue South is 60 feet. City Code does not require 2SII1 Avenue South to be widened to four lanes, as you had suggested. However, the Public Works Dept. has determined that the applicant will be required to dedicate nine additional feet of right-of-way on the east side of 28th Avenue to provide half-street frontage improvements along the face of the plat. Also, to meet sight distance requirements, the Traffic Division has required that the northerly entrance to the plat be eliminated because there was not adequate site distance at that location and there is now only one entrance into the plat, at the south end of the property. As an adjacent property owner, you should have received both a notice of the Mitigated Determination of Nonsignificance (MONS) issued for this plat and a notice that the plat has recently been scheduled for a public hearing before the Hearing Examiner at 11 :00 AM on November 17, 200S. If you attend the hearing, you will be able to voice your concerns before the Examiner or you are entitled to submit additional written comments to the Examiner as stated in the notice for the public hearing. I hope this additional information helps you understand how the plat design has changed and why. If you have any questions, please contact me at 253-S35-2640. ~~#~ Joanne Long-Woods, AICP Senior Planner c: Brant Schweikl, Schweikl & Associates, PLLC, 705 South 9th Street, Suite 303, Tacoma, W A 98405 Linda Elder, 30642 28th A venue South, Federal Way, W A 98003 EXHIBIT E PAGE--1-0F , ~ CITY OF" _ '7 Federal Way MITIGATED ENVIRONMENTAL DETERMINATION OF NONSIGNIFICANCE (MDNS) PRELIMINARY PLAT OF STEEL LAKE CREST File No: 07-103898-00-SE Description: Subdivision of 6.72 acres into 28 single-family residential lots. The project will include construction of an on-site storm pond; mass grading of the site with the movement of 17,821 cubic yards of cut, 17,821 cubic yards of fill, and 5,152 cubic yards of stripping; installation of landscaping tracts along 28th Avenue South and along Military Road; and an eight-foot wide paved pedestrian pathway from the internal road to Military Road. Access will be provided off of 28th Avenue and utilities will be provided by Lakehaven Utility District. The site is located in an area zoned Single-Family Residential-RS7.2, and designated High Density, Single-Family Residential in the comprehensive plan. Applicant: Steel Lake Plat Group, LLC 30642 28th Avenue South FederalVVay, VVA 98003 Location: 30642 28th Avenue South, Federal VVay, VVA-NE ~ Sec. 9, T21N, R4E, VV.M. Tax Parcels: 0921049182,0921049183,0921049096, & 091049161 Lead Agency: City of Federal VVay Staff Contact: Senior Planner Joanne Long-VVoods, (253) 835-2640 The Responsible Official of the City of Federal VVay hereby makes the following decision on this proposed development based upon impacts identified in the environmental checklist; a Subsurface Exploration and Geotechnical Engineering Report, prepared by Jason Engineering & Consulting Business, Inc. June 20, 2007; Technical Information Report, Preliminary Drainage Review for Steel Lake Crest, prepared by Schweikl & Associates, July 2007 and revised May 2008; Environmental Noise Review, prepared by SSA Acoustics, LLP, June 1,2007; Concurrency Analysis, City of Federal VVay, October 2007; Federal Way Comprehensive Plan; Federal Way City Code; and other municipal policies, plans, rules, and regulations designated as a basis for exercise of substantive authority under the State ETTVironmental Policy Act Rules (SEPA) pursuant to the Revised Code of Washington (RCW) 43.31C.060. The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment and an environmental impact statement (EIS) is not required under RCVV 43.21 C.030(2)( c), if the conditions listed below are met. This decision was made afterreview of a completed environmental checklist and other information on file with the City. Further information regarding this action is available to the public upon request at the Department of Community Development Services. Preliminary Plat of Steel Lake Crest Mitigated Detennination ofNonsignificance (MDNS) File #07-103898-OO-SE I Doc ID 46899 EXHIBIT~ PAGE--'--OF --!L. FINDINGS OF FACT 1. The proposal is to subdivide 6.77 acres into 28 single-family residential lots. The proposal includes c'onstruction of a stormwater detention pond; installation of landscaping tracts along Military Road South and along 28th Avenue South; construction of a paved pedestrian pathway to Military Road South; mass clearing and grading of the site with approximately 17, 000 cubic yards of earth movement; removal of approximately 55 significant trees; and demolition of all existing structures. 2. The four parcels are in an area zoned RS 7.2, requiring a minimum lot size of7,200 square feet. Parcels in the development range from 7,203 square feet to 8,995 square feet. The comprehensive plan designation in this area is High Density Single Family Residential. '" . 3. The project is located adjacent to the 1-5 right-of-way. Seven of the proposed lots, the detention pond, and part of the pedestrian pathway will be located adjacent to the 1-5 corridor. In accordance with code requirements, an Environmental Noise Study was conducted by SSA Acoustics, LLP on June I, 2007. The noise study identified Housing and Urban Development (HUn) standards for noise levels outside and inside of residential housing. Specifically, the Department of Housing and Urban Development Noise Standards consider outdoor Day-Night Average Sound Levels (Ldn) below 65 dBA "acceptable" and the indoor Day-Night Average Sound Level (Ldn) goal is to not exceed 45 dBA. Normal construction can be expected to provide a Noise Level Reduction (NLR) of 20 dB, thus the indoor goal ofLdn less than 45 dBA can be met when the outdoor Ldn is less than 65 dBA. The study identified that the Day-Night Average Noise Level (Ldn) ranged from 67 to 69 dBA. The hourly average noise levels exceeded 56 dBA during the entire four day noise monitor, with a maximum 24 hour Leq of 66 dBA and an average Leq of 62 dBA. The exterior day-night noise levels exceed the recommended HOD guidelines; therefore, mitigation measures will be necessary. 4. Currently, there are 52 trees on the seven lots bordering the 1-5 corridor; 30 of these trees are significant trees. Twelve of the 52 trees will be saved and two will be replaced, for a total of 14 trees on the east boundary of the plat. In accordance with code requirements, the applicant submitted a Significant Tree Inventory with a Tree Replacement Plan to address the requirement of maintaining at least 25% of the significant trees on the site. The tree plan meets the minimum standards for tree replacement, but the function of providing any buffering from the noise and glare of lights from the interstate highway has been severely reduced. 5. The Subsurface Exploration and Geotechnical Engineering Report, prepared by Jason Engineering Inc., identified that in the process of boring test pits for soils analysis, buried debris was encountered in Test Pit #6, which corresponds to proposed Lots 4 and 5 of the preliminary plat. The scope of work did not entail an environmental assessment of the site and the test pit was a small bore to 8-10 feet only. The materials found in that area were old tires, building and/or wood debris, and fill materials. It is not known what the size of the buried debris area is or the exact content of th~ buried debris. Mitigation will be required to excavate and assess the area to determine whether any hazardous materials are found in the burial site and before the proposed mass clearing and grading takes place. 6. The "Final Staff Evaluation for Environmental Checklist, File No. 07-t63'89l-00-SE" is hereby incorporated by reference as though set forth in full. ' I () H~ ~ CONCLUSIONS OF LAw Federal Way's comprehensive plan policies adopted by Federal Way, and contained within the Federal Way Comprehensive Plan (FWCP), serve as a basis for the exercise of substantive SEP A authority to Preliminary Plat of Steel Lake Crest Mitigated Determination of Non significance (MDNS) File #07-103898-OO-SE I Doc 10 46899 Jage 2 EXHIBIT ---X-___ PAGE 1. OF '-I approve, condition, or deny proposed actions applicable to potential adverse environmental impacts resulting from this project. The following components of the FWCP support the conditions for the development. NEG 1: To preserve the City's natural systems in order to protect public health, safety, and welfare, and to maintain the integrity of the natural environment. NEP I: Protect and restore environmental quality through land use plans, surface water management plans and programs, comprehensive park plans, and development review. NEP2: Preserve and restore ecological functions, and enhance natural beauty, by encouraging community development patterns and site planning that maintains and complements natural landforms. NEP3: To the maximum extent practical, the City's future actions will be consistent with the goals and policies of this chapter of the FWCP. NEP4: The City should work in concert with internal departments, state, and regional agencies, as well as with neighboringjurisdictions and tribes, to protect sensitive areas and the City's natural environment. NEGI2: Develop programs and/or regulations to address noise pollution in all areas of the City. NEP71: The City should develop and adopt construction standards to mitigate noise generated by SeaTac Airport and Interstate 5, as well as other major arterials. SEPA CONDmONS Based on the above policies, the following mitigation measures are required to minimize identified potential significant adverse impacts: 1. If mass clearing and grading is approved for the preliminary plat as proposed, then the area of Test Pit #6 (proposed Lots 4 and 5), as identified in the Geotechnical Engineering Report, shall be excavated to determine the contents and extent of an identified debris burial. Ifhazardous or significant solid waste materials are discovered, then the applicant shall work with the King County Department of Solid Waste and the Washington State Department of Ecology to clean up the site and properly dispose of the debris before commencing the clearing and grading for the rest of the development site. 2. To meet HUD criteria for noise levels acceptable for residential development and to mitigate potential impacts of noise from Interstate 5 to the development and the surrounding community, the following mitigation measures are recommended by SSA Acoustics, LLP in the Environmental Noise Study conducted June 1,2007: a) Exterior Construction Mitigation Standard construction methods that meet current energy code requirements provide a Noise Level Reduction (NLR) of20 dB, which is adequate for exterior LOO levels that are 65 dBA or less. Since the exterior LOO levels are above 65 dBA, additional construction methods are necessary to meet the interior Ldn of 45 dBA. To achieve the 45 dBA LOO requirement, the exterior envelopes (walls, windows, doors) of the residential units must be constructed to provide a 2SdB Noise Level Reduction (NLR). (See attached Table 2.) Preliminary Plat of Steel Lake Crest Mitigated Determination of Non significance (MDNS) File #07-103898-OO-SE I Doc ID 46899 Page 3 EXHI8IT~ PAGE a OF~ b) Noise Barrier Mitigation To provide noise barrier mitigation to meet the exterior noise level condition, and thus the interior noise condition, a noise barrier shall be constructed between Interstate 5 and the proposed residences. The goal is to reduce the outdoor noise level by 5 to 7 dB, resulting in a 62 to 64 dBA Ldn, which meets the HUD 65 dBA Ldn Exterior Noise Standard. In turn, the reduction of the outdoor day-night average noise level to 65 dBA or less with normal construction would result in an indoor day-night noise level of 45 dBA or less. The sound attenuation characteristics of a noise barrier are based on the geometry of the barrier relative to the source and receiver locations and the frequency of the source noise. . This MDNS is issued under WAC 197-11-340(2). The lead agency will not act on this proposal for 14 days from the date below. Comments must be submitted by 5:00 p.m. on October 20, 2008. Unless modified by the City, this determination will become final following the above comment deadline. Any person aggrieved of the City's fmal determination may file an appeal with the City within 14 days of the above comment deadline. You may appeal this determination to the Federal Way City Clerk, no later than 5:00 p.m. on October 31, 2008, by a letter stating the reason for the appeal of the determination. You should be prepared to make specific factual objections. Responsible Official: Greg Fewins Positiontritle: Director of Community Development Services Address: 33325 8th Avenue South, PO Box 9718, Federal Way, WA 98063-9718 Date Issued: October 4. 2008 Signature: A~ Preliminary Plat of Steel Lake Crest Mitigated Determination of Non significance (MDNS) File #07-103898-OO-SE I Doc ID 46899 e4 ~ EXHIBIT PAGE~OF ~ CITYOF ~~ Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES Final Staff Evaluation for Environmental Checklist Steel Lake Crest Preliminary Plat Federal Way File #07-103898-00-SE NOTE: The purpose of this Final Staff Evaluation is to provide technical staff evaluation of the proposed action; supplement information contained in the environmental checklist and expanded studies; provide technical information unavailable to the applicant; and correct inaccurate information and recommend measures to the Responsible Official to mitigate identified environmental impacts. Technical reports and attachments referenced herein and in the environmental checklist may not be attached to all copies of this. evaluation. Copies of exhibits, reports, attachments, or other documents may be ~viewed and/or obtained by contacting the Department of Community Development Services, 33325 81b Avenue South, PO Box 9718, Federal Way, WA 98063-9718,253-835-2607. LIST OF TECHNICAL REpORTS The following specialized studies and plans were prepared and submitted by the applicant: . Environmental Checklist, submitted by Schweikl & Associates, July 11,2007, with revisions submitted June 30, 2008 · Subsurface Exploration and Geotechnical Engineering Report, prepared by Jason Engineering & Consulting Business, Inc., June 20, 2007 . Technical Information Report, Preliminary Drainage Reviewfor Steel Lake Crest, prepared by Schweikl & Associates, July 2007 and revised May, 2008 · Environmental Noise Review, prepared by SSA Acoustics, LLP, June 1,2007 · Concurrency Analysis, City of Federal Way, October 23, 2007 ATTACHMENTS · July 11, 2007, Environmental Checklist, prepared by applicant; revised and additional information submitted May 30, 2008 GENERAL PROJECT INFORMATION Name: Steel Lake Crest Preliminary Plat . Applicants: Steel Lake Plat Group, LLC: Allan Woida, Mike & Cindy Trinidad, and Verlirt & Linda Elder Location: 30642 28th Avenue South, Federal Way, W A - NE y.. Sec. 9, T21N, R4E, W.M. EXHIBIT PAGE .\ & OF~ Site Size: 294,910 square feet (6. 77 acres) Zoning: RS 7.2 - 1 unit/7,200 square feet FWCP Designation: High Density, Single Family Residential SUMMARY OF PROPOSED ACTION AND BACKGROUND Applicants submitted a preliminary plat application to develop 28 single-family residential lots on four existing lots totaling 6.77 acres. The applicants will be required to construct an 18, 449 stormwater detention pond in the northeast corner of the plat; a 329 square foot landscaping tract along Military Road South; a 3,364 square foot and an 868 square foot landscaping buffer along the front of 28th Avenue South; and a 3,661 square foot pedestrian pathway to connect to Military Road South. The applicants propose significant grading on site, thus removing a majority of the vegetation, excluding many significant trees. STAFF EVALUATION OF ENVIRONMENTAL CHECKLIST Following are staff responses to the elements of the environmental checklist (attached) indicating whether or not City staff concurs with the applicant's response to the checklist item, or staff clarification or amendment of the response. A. BACKGROUND 1-3. Concur with the checklist. 4. First checklist completed July 11,2007, but revised May 30, 2008, after reviewed by the Public Works and Planning staff. 5-9. Concur with the checklist. 10. Applicant's agent responded that additional government approvals were: final plat approval; right-of-way permit for road improvements; a WSDOT Discharge Permit; a NPDES permit from the Department of Ecology; and building permits for individual residential structures. The agent did not include a potential right-of-way permit from WSDOT for location of the pond and pedestrian pathway; a Forest Practice Permit from the Department of Natural Resources; and a demolition permit to remove the existing structures. B. ENVIRONMENTAL ELEMENTS 1. Earth a. Concur with the checklist. b. Originally stated slopes were 9%, but after review of topographic information, it was determined that there were some areas where slopes were around 50%, although the applicant stated this was the result of previous on-site grading. c-d. Concur with the checklist. e. The applicant proposes to do a mass grading of the site to even out slopes and fill from previous development on the site. The Federal Way City Code (FWCC) states that grading should be kept to a minimum to allow for the placement of the infrastructure such as roads Steel Lake Crest Preliminary Plat Final StafIEvaluation for Environmental Checklist File #07~103898..oo-sE I Doc. ID 46823 E);~ "~"""..,,,,-~ag .,. 'r.&.JA ~ t::..: ~.f :1 \. UlWJ ~ PAGE-:l:...OF ..n and utility lines. Also, FWCC 20. 179( c) states that, "lots created on slopes of 15% or greater shall minimize grading and shall not result in extensive use of retaining walls. Slopes are to be measured in their natural state." The applicant's agent states that in order to construct the infrastructure and pond, the site needs to be severely graded to allow this to happen. However, the applicant has not addressed the fact that there are slopes of 15% and greater on some areas of the property and the proposal includes significant grading in these areas. These issues will be addressed by city code. Finally, test pit exploration identified a source of fill on proposed Lots 4 and 5 was buried debris such as scrap wood, used tires, and other fill materials. The extent and full content of the buried debris is not known at this time. The applicant's agent said excavation of all buried materials will take place prior to . the grading project taking place. r d ~ f-g. Concur with the checklist. /()A ~p W ' . h. Do not concur with the checklist. The erosion control plan needs to bel.esigned and submitted for review and approval as part of preliminary plat approval. The fmal plan needs to be submitted, reviewed, approved, and installed during the engineering review and BEFORE final plat approval. 2. Air a-b. Concur with the checklist. c. Concur with the checklist. The comment says watering will be utilized. However, since this project is proposing to do mass grading and is located between a residential neighborhood and the 1-5 corridor, a watering truck should be kept on site during the entire grading process to assure that particulate matter does not affect visibility on the highway or adversely impact ambient air quality in the neighborhood. 3. Water a.I. Concur with checklist with the addition that project lies within 200 feet of Steel Lake, a shoreline of significance. Because the applicant is required to construct frontage improvements within the right-of-way, a small portion of the project will take place within 200 feet of the shoreline. Because the area of the improvements was not considered consequential, the applicant was granted a shoreline exemption for the required road improvements. a.2-6 Concur with the checklist. . b.1. Concur with the checklist. b.2. The existing three homes have on-site septic systems. At time of demolition and before any mass clearing and grading can take place on these parcels, the septic systems must be decommissioned by a licensed practitioner and removed in accordance with King County Health Department guidelines. c-d. Concur with the checklist. 4. Plants a-d. Concur with the checklist. 5. Animals a. Do not concur with the checklist. The applicant listed no known birds or animals on or near the site. However, the proposal lies within 200 feet of Steel Lake, a shoreline of significance, which is stocked with trout and/or game fish every year by the Department of Fish and Wildlife. In addition, water fowl are on or within Steel Lake Park that are mostly resident species. Steel Lake Crest Preliminary Plat Final Staff Evaluation for Environmental Checklist File #07-103898-OO-SE I Doc ID 46823 Page 3 '" ~ ". " ~ . -" ;:/',,;. '.:, . . '; 1.-.4bJ/J ~~- :~W;:.~. J ~ ____ PAGE.-3-0F~ b-c. Concur with the checklist. d. The pedestrian pathway and landscaped areas may not attract birds or wildlife because of the species being planted. They were not required to provide habitat areas for wildlife. 6. Energy and Natural Resources a-c. Concur with the checklist. 7. Environmental Health a. Do not concur with the checklist. Preliminary exploration has identified there is construction debris located in the north end of the properties. The full extent of the debris area or contents is not known at this time. The area must be excavated and debris taken off site before any significant grading or clearing taking place on the property. Ifhazardous materials are discovered in the burial site, then the debris must be properly disposed of in accordance with King County Solid Waste Department and possibly Washington State Department of Ecology guidelines. b. Do no concur with the checklist. The noise study identified two choices for the applicant: build a large berm or retaining structure; or require that the houses be constructed of soundproofing materials. The applicant has not specified which will be constructed. 8. Land and Shoreline Use a-c. Concur with the checklist. d. Three houses, one shed, a barn, a swimming pool~ and three septic tanks will all be demolished and removed from the site. e-f. The zoning of this property is RS-7.2, and the comprehensive plan designation is High Density, Single Family Residential. g-I. Concur with the checklist. 9. Housing a-c. Concur with the checklist. 10. Aesthetics a-c. The height limit in this zone is 30 feet. If on a slope, the height is measured as an average of the uphill grade to the proposed basement grade, and the average cannot exceed 30 feet. The applicant will be designing a number of homes with daylight basements on areas with slopes. The height of each structure will be addressed during building permit review. 11. Light and Glare a-c. Concur with the checklist. d. With the removal of a significant number of trees on the properties, any buffering from the glare of lights from the 1-5 corridor will be significantly reduced. There will be eight of 52 existing trees retained on the seven lots bordering the 1-5 corridor. 12. Recreation a-c. Concur with the checklist. 13. Historic and Cultural Preservation a-b. Concur with the checklist. c. If any cultural items are uncovered during excavation, clearing, and grading, the local tribes should be notified, in addition to the Washington State Historical & Archeological Society. Steel Lake Crest Preliminary Plat Final Staff Evaluation for Environmental Checklist File #07-103898-OO-SE I Doc ID 46823 Page 4 EXHJBIT~ PAGE~OF ~ 14. Transportation a-g. Concur with the checklist. 15. Public Services a-b. Construction of25 additional houses in a residential neighborhood will add impacts to public services for fire, police, and utility use. Such construction will also generate new students in the school system, additional use of parks, and increased traffic and use of streets. The applicant will be required to address school impacts and pay fees as requested by the school district at final plat stage. The use of parks and open space were reviewed at preliminary stage and will be assessed as part of the building permit process and any open space requirements will be paid before final plat approval. Traffic impacts and street improvements have been addressed during the preliminary review and improvements will be required to be put in place during engineering review of the plat. 16. Utilities a-b. Concur with the checklist. CONCLUSION The lead agency for this proposal has determined that the proposal for a residential subdivision project does not have probable significant adverse impact on the environment and an Environmental Impact Statement (EIS) is not required under RCW 43.21C.032(2)(c). This decision was made after review ofa completed environmental checklist and other information on file with the lead agency. The information is available to the public upon request. The City reserves the right to review any future revisions or alterations to the site or the proposal in order to determine the environmental significance or nonsignificance of the project at that point in time. Prepared By: Date: Senior Planner Joanne Long-Woods, AICP October 2, 2008 Steel Lake Crest Preliminary Plat Final Staff Evaluation for Environmental Checklist File #07-103898-00-SE I Doc ID 46823 Page 5 EXHIBIT~ PAGE S OF~ RESUBMITTED MAY 3 0 Z008. DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES CITY OF FEDERAL WAY CITY OF BUILDING DEE HE UBMI Federal Way 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-2607; Fax 253-835-2609 www.citvoffederalway.com ENVIRONMENTAL CHECKLIST PURPOSE OF CHECKLIST The State Environmental Policy Act (SEPA), Revised Code of Washington (RCW) Chapter 43.21C, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR ApPLICANTS This environmental checklist asks you to describe some basic information about our proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist qllC'stions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining ifthere may be significant adverse impact. USE OF CHECKLIST FOR NON-PROJECT PROPOSALS Complete this checklist for non-project proposals, even though questions may be answered "does not apply." In addition, complete the Supplemental Sheet for Non-Project Actions. For non-project actions, the references in the checklist to the words "project," "applicant," arid "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. EXHIBIT ~ PAGE-.JLOf J?, Bulletin #050 - December 22, 2005 Page I of 17 k:\Handouts\Environmental Checklist A. BACKGROUND I. Name of proposed project, if applicable: Steel Lake Crest 2. Name of applicant: Steel Lake Plat Group: Allan Woida, Mike & Gloria Trinidad and Verlin & Linda Elder 3. Address and phone number of applicant and contact person: Ms. Linda Elder 30642 28th Avenue South Fede~1 Way, Washington 98003 PH: (253) 946-3154 4. Date checklist prepared: 07/11/07 - RlfIL~ .11_/63 5. Agency requesting checklist: City of Federal Way 6. Proposed timing or schedule (including phasing, if applicable): The project will be constructed in one phase and is scheduled to commence in Summer 2008 and be completed by Fall 2009. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. There are no plans for future additions or expansions at this time. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. SSA Acoustics will be preparing a site ac~ustical analysjs. Jason Engineering and Consulting Business, Inc. will be conducting a QeotechniclIIl Df'poJ1 for the site and The Roper Company will conduct a sil!nificant tree inventnry and landscape plan. In a letter dated May 10,2007, the City of Federal Way granted an exemption request from the project requiring them to obtain a Shoreline Substantial Development Permit. 9. Do you know whether applications are pending for governmental approvals of other proposals. directly affecting the property covered by your proposal? If yes, explain. ..~ None are pending at this time. EXH I B IT PAGE--.:LOF ~ 10. List any government approvals or permits that will.be needed for your proposal, ifknown. Bulletin #050 - December 22, 2005 Page 2 of 17 k:\Handouts\Environmental Checklist The project will require a final plat approval, a right-of-way permit for the road improvements, a WSDOT Discharge Permit, a Dept. of Ecology NPDES permit and individual building permits for the residential structures. ~t ~c:fz(.L-fJ~~ ..f 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. The proposed project site consists of four parcels (parcel Numbers 0921049182, 0921049183, 0921049096 & 0921049161) which are located on the east side of the 306th block of 28th Avenue South. The project site covers the area between 28th Avenue South and the 1-5 right- iJ of-way. The pro~to divide the four parcels, which com rise a roximatel 292,892 . ~JM square feet or~priorto dedications, into .de. lIots a cts The tJJ ~ existing three residences, including all accompanying structures, will be removed and new ~q J '1. wood framed homes will be built on each proposed lot. The tracts will contain a stormwater j;-.frVfi detention facility, a pedestrian pathway and three separate landscape buffers. U 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, toyvnship, and range, ifknown. If a proposal would occur over a range of area, provide the range or boundaries ofthe site(s). Provide a legal description, site plan. vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit ap.plications related to this checklist. The project is located in a portion of the NE ~ of Section 9, Township 21 North, Range 4 East, WM. The addresses of the three existing on-site residences are 30614, 30642 & 30646 28th Avenue South. The parcels legal descriptions are as follows: - PARCEL 0921049182 THE SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF. SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M.. IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 30 FEET THEREOF FOR COUNTY ROAD; AND EXCEPT THAT P~:~~~ ~~R~<: FOR STATE HIGHWAY AS CONVEYED IN DEED RECORDED UNDER RECOR])fl':K, NIJMBER 4986687. PARCEL 0921049183 THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4. EAST. W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 100 FEET THEREOF AND ALSO EXCEPT THE SOUTH 85 FEET OF THE WEST 150 FEET THEREOF AND ALSO EXCEPT THE WEST 30 FEET FOR COUNTY ROAD.. .- (ALSO KNOWN AS TRACT 33 EXCEPT THE EAST 100 FEET THEREOF AND EXCEPT THE SOUTH 85 FEET OF THE WEST 150 FEET THEREOF, OF STEEL LAKE NORTH SHORE TRACTS, AN UNRECORDED PLAT.) Page 3 of t 7 \ v' onmental Checklist Bulletin #050 - December 22, 2005 OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; LESS STATE HIGHWAY. PARCEL 0921049096 THA T PORTION OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WESTERLY OF OLD MILITARY ROAD (REVISED); EXC~PT THE WEST 30 FEET THEREOF ACQUIRED BY KING COUNTY FOR 28TH AVENUE SOUTH; AND EXCEPT THAT PORTION DEEDED TO STATE OF WASHINGTON FOR STATE HIGHWAY NO. I, RECORDED UNDER RECORDING NUMBER 4986698. - PARCEL 0921049161 THE SOUTH 85 FEET OF THE WEST 150 FEET OF THE FOLLOWING: THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 30 FEET FOR ROA Il -- B. ENVIRONMENTAL ELEMENTS I. EARTH a. General description ofthe site (circle one): flat, rolling, hiIly, steep slopes, mountainous, other. The best general description of the site would be continuous sloping, with an average slope of 9.5% from the southwest corner to the northeast corner. f\\ ' b. What is the steepest slope on the site (approximate percent slope)? There are a couple of small areas where the slopes exceed 50% on thp. ~i(e. These areas are not naturally occurring, but are a manmade ~of filling from the corresponding on-site residences. The grading plan for the proposed project will eliminate all of these areas. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, mulch)? If you know the classification of agricultural soils, specifY them and note any prime farmland. ~ \to Per the 2005 City of Federal Way Regional Soils Map, which is based on information ij presented in the 1973 Soil Conservation Service Survey of King County, Alderwood gravelly .1\ V::~)'\. sandy loam type soils are mapped for the project site. The western one-half of the project is (0'1 comprised of Alderwood (AgB) soils and the eastern half of the project has Alderwood (Age) soils. Both soil types are Hydrologic Soils Group (HSG) C. Field investigation ha0.'.~ uncovered an area of c!iscarded old tires and wood debris along the north plat boundary by The geotechnical engineer will require that the tires and debris be removed. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. There were no areas of observed unstable _J7observed on or adlent to the site during ICxHU3!T Bu\1etin #050 - December 22,2005 Page 4 of PAGE op~nvironmental Checklist I I. any of the project site visits and there is no history of any that have been discovered. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source offill. The project obtained the services of Earthwork Services, Inc. to calculate preliminary earthwork quantities. Their report dated May 2, 2007, is based 'on a preliminary grading plan completed by Schweikl & Associates, and concludes that the project wlll be a cut site. Calculated values are U ,~21 ell hi~ ya nil! of cut, 1 '1,404 cubic yards of fill and 5,152 cubic yards of strippinas. Further refinement of the grading plan is possible in attempting to create a balanced site. The contractor should also attempt to ~~ stri@Piogs on-site.. where ever possible. If off-. tructural fiU material becomes necessary, the material would be taken from th closet vailable source at the time of project construction. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. As with any glacial till soil there is the possibility of erosion when disturbed by construction activities, especially with the use of heavy construction equipment on uncompacted materiaL The site is required to prepare and ~II an erosion control pia!! that wlll be reviewed and approved by the City of Federal Way to address the possibility of erosion. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? The project is proposing a maximum impervious coverage of 53.6% using the modeling - criteria from the King County Storm Water Design Manual. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. As part of the ~al :Zian plan, the project is required to prepare and install an Erosion! Sedimentation on rol Plan. . The plan, which is reviewed and approved by the Ci~ of Federal Way, will address the issue of erosion and pRWide m~II-' to -.luce and/or minimize its effects. Among the proposed measures included in the Erosion/Sedimentation Control Plan will be a temporary rock construction entrance, siltation fencing, catch basin -~ sediment protection, interceptor swales, sediment traps, straw bales, mulching and hydroseeding. Also included with the plan is a recommended construction sequence and a copy of the City of Federal Way's standard erosion/sedimentation control notes. It is the responsibility of the contractor to adhere to the plan and maintain in a functional manner all erosion control facilities. 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. The grading activities proposed at the site wlll cause dust particulate to be emitted to the air. Vehicles and equipment used during all phases of construction can be a potential source of emissions. When the project is completed, the site wlll generate emissions that are typical of any other modern residential neighborhood. Vehicle emissions from the residents automobiles, emissions from lawn and landscaping maintenance equipment, certified wood stoves and/or fire places, furnaces, barbeques, etc, are all pot~ntial sources of air emissions. Bulletin #050 - December 22, 2005 Page 5 0 \Environmental Checklist PAGE-ULOF ~ However, the quantities are unknown. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. Vehicles using 28th Avenue South and Interstate 5, adjacent to the sites west and east boundaries respectively, can be a source of emissions or odor. However, it is not anticipated that these off-site vehicle sources of emissions will impact this proposal. There are no other known sources of odor or emissions in the vicinity. c. Proposed measures to reduce or control emissions or other impacts to air, if any. 0 ' Unwanted dust particulate can be controlled to a certain extent by the application of water '~j~vj;J.i '~~~ before and during grading activities. Also, by keeping the temporary construction entrances \y clean and functioning properly, along with regular street sweeping of 28tb Avenue South, ~ . dust generated from displaced material on roadways can be kept to a minimum. It is. assumed the construction vehicles used will be equipped with factory-installed mii~ and - spark arresters that would control excessive emissions. 3. WATER a. Surface. I) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. There are no surface water bodies or wetlands located on the site. There are however, two lakes in the vicinity of the project. To the west, across the 28t1a Avenue South right-of-way is Steel Lake. At its closest point, the lake is approximately 200 feet from the extreme northwest comer of the proposed site. East of the site, across the 1-5 right-of-way lies Dolloff Lake. From the northeast corner of the site it is approximately 1,000 feet to the northwest portion of the lake. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described .1;) waters? If yes, please describe and attach available plans. . rr , _ ~ ~J)N- Yes. The project is required by the City of Federal Way to do halfstreet frontage (}f' t~ improvements on 28th Avenue South, and a portion of these improvements will fall {JP;~ ',,vI\ within 200 feet of Steel Lake. Approximately 40 linear feet of vertical curb, 200 rV~;.fi square feet of concrete sidewalk and 40 square yards of asphalt paving, along with \Al V, - (. extending an existing storm drainage pipe 10 feet will occur within the 200 foot ~~ 1 fI1 ~ hpi' boundary of the lake. This work is all off-site of the proposed project, only a small ~VVoJ ~)J' amount of landscaping (10 square yards) and some minor grading (less than 10 cubic yards of on-site movement) actually occur on-site and within 200 feet of the lake. 3) Estimate the amount offill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source offill material. No till or dredge material will be placed or removed from either of the lakes. Bulletin #050 - December 22, 2005 EXHIB!T " Page 6 of lPAGE~op~nVironmental Checklist 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. None anticipated. Both lakes receive storm water runoff from the site as part of the existing drainage system. The proposed project will continue its natural discharge to these water bodies per the City of Federal Way's Storm Water Drainage Manual. 5) Does the proposal lie within a IOO-year floodplain? If so, note location on the site plan. No, the project does not lie within a 100 year floodplain. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No b. Ground. I) Will ground water be withdrawn, or will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. No 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. There are no proposed discharges of waste material to the ground from any source. The site proposes a low pressure forced main sanitary sewer collection system for all lots and conveyance to the existing Lakehaven Utility District gravity sanitary sewer line at South 309th Street. From there the emuent is conveyed to an off site treatment facility. Currently the existing ryidnees haye prhzAtp on-site septic systems. The project proposes to have these residences removed, at that time the ~teps will be taken to abandon their septic systems. t/' ~ c. Water Runoff (including stormwater) I) Describe the source of runoff (including stormwater) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. This project has the somewhat uncommon situation where it actually falls within two separate drainage basins. Essentially the off-site portion of the project (the 28th Avenue S~uth right-of-way) is part of the Lower Puget Sound drainage basin, and the on-site portion is part of the Mill Creek drainage basin. Therefore runoff from the project site is divided two ways. Stormwater runoff from the 28th Avenue South half street frontage improvements will be collected, treated via a catch basin filtersystem, and released to the existing conveyance system that discharges west into Steel Lake. Runoff from the remainder of the site will be collected by means of a tightline conveyance system to a proposed onsite stormwater detentionlwater quality wetpond located in a separate tract at the northeast corner of the project site. EXHIB!l_---"- Bulletin #050 - December 22,2005 Page 7 otpAGE ~OF k:\ vironmental Checklist Discharge from the wetpond is daylighted to the Military Road South right-of-way, the project on-sites natural discharge location, where it flows east, enters an existing storm drainage conveyance system that passes under the 1-5 right-of-way and daylights before eventually entering Dolloff Lake. , 2) Could waste materials enter ground or surface waters? If so, generally describe. Naturally with a project of this type and size the possibility exists of accidental contamination. Spills and carelessness during construction could occur. ~8"(new 1""- residential homes will be built and the new residents all could potentially be sources for waste entering ground or surface water. Everything from poor handling of landscaping products (chemicals and fertiliZers) to painting practices to leaky automobiles and their care. To our knowledge, of the things that are under the projects control, there are no other known sources of contaminants associated with this proposal. The project wiD also be required to prepare plans for, obtain approval of, and install a water quality facility operating in conjunction with a detention system. The parameters of which are governed by the current surface water design . manual adopted by the City of Federal Way. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any. The project proposes to implement techniques consiste.nt w~.. ,e e City of Federal Way's Storm Water Design Manual to minimize all impac~ stormwater runoff. All on-site stormwater runoff generated from this project will be collected, detained, and treated in a combined detention/water quality wetpond facility prior to discharge. The wetpond discharge will be controlled per the design manual, to discharge at a rate no greater than the predeveloped sit<<@rate of discharge. The we. tponds outlet 10CatiOn~east into the Military. Ro~d South right-of-way, closely approximates the on-sit atural discharge location. The designed overflow route also follows this same pa . All of the projects' off-site generated stormwater runoff wiD also be collected and treated. Treatment wiD be provided by settling in the water quality storage in the detention facility. Runoff will then be released into the existing stormwater conveyance system, where it flows west and discharges to Steel Lake. 4. PLANTS a. Check or circle types of vegetation found on the site. l deciduous tree: alder, maple, aspen, other (birch, madrona) levergreen tree: fir, cedar, pine, other lshrubs ..JLgrass _pasture _ crop or grain _ wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other _ water plant: water lily, eelgrass, milfoil, other _ other types of vegetation EXHIBIT Ga PAGE--I&.OF ~~ b. What kind and amount of vegetation will be removed or altered? Most trees and vegetation located on the project will be removed to allow for the construction ofthe proposed internal road, the 28tb Avenue South frontage improvements, BuIletin #050 - December 22. 2005 Page 8 of 17 k:\HandQuts\Environmental Checklist new utility services and the proposed new homes. The project does propose retaining significant trees located near the perimeter of the site, primarily along the eastern boundary line. Others will be retained adjacent to the northern and southern boundary lines. The project has obtained the services of The Roper Company, registerecllandscape architects, to conduct a significant tree inventory and create a landscape plan which will best utilize the existing native plant life. c. List threatened or endangered species known to be on or near the site. To our knowledge, there are no threatened or endangered plant species on or near the site. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any. Upon completion of construction of the single-family resid ential homes the disturbed areas ~.JMI~~ ~ within the lots will be landscaped with lawn and/or mulched garden planting beds. Durin2- I construction siltation fencing, tree retention fencin2 and limits of construction fencin -;- aU be utilized to identi rotect and revent in . . are v etation are to be b ~reserved. The-project has obtained the services of The Roper Company (registerecllandscape architects) to provide a landscape plan for Steel Lake Crest. Included in this plan will be a significant tree inventory, tree plantings along the plat street right-of-ways, and screening landscaping for the detention wetpond tract and the requirecllO foot landscape butTers. Landscaping in the butTers will be to the City of Federal Way's Type III landscaping criteria. . 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site. birds: hawk, heron, eagle, sonebirds, other (chickadee. robin. wren) mammals: deer, bear, elk, beaver, other (squirrel. raccoons. mice) fish: bass, salmon, trout, herring, shellfish, other (none) c~(;~ /~ b. List any threatened or endangered species known to be on or near the site. To our knowledge, there are no threatened or endangered animal species on or near the site. c. . Is the site part of a migration route? If so, explain. The site is located within the boundaries ofthe western flyway. However, migrating bird populations have not been known to visit the site d. Proposed measures to preserve or enhance wildlife, if any. No specific wildlife preservation measures are proposed by the project, however the three ~ \OX ().; fit"} proposed landscape tracts, along with portions of the proposed Pedestrian Pathway tract IV, . ~ VJ will provide some areas of landscaped open l1pac:e within thp dpvelopment where birds and ' '~' other small wil<<Jlif;-s ecies ma fora . Also, While most of the native \'\~ vegetation WI e removed during the installation of infrastructure and the construction of bomes, ODee flDlsbed tbe resideDt', YeXH1 BiT some lJ;efits to eertaiD wUdlife ,pedes. Bulletin #050 - December 22. 2005 pa'AGE andouts\Environmental Checklist 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. The primary energy sources requi~d to meet the energy needs of the proposed plat is electricity and natural gas. Sufficient amounts of which would be needed to maintain a comfortable lifestyle and environment within the bounds of single family residential dwellings. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No, it is not anticipated that this project will affect the potential for adjacent properties to use solar energy. The building heights will not exceed the maximum which is allowed in the RS 7.2 zone. The proposed structures will not be located in such a way that they will affect the exposure of any adjacent existing structure, especially those adjacent structures seeking the maximum benefits afforded to solar users obtained from the preferred southern exposure c. What kinds of energy conservation features are included in the plans of this proposal? List other , proposed measures to reduce or control energy impacts, if any. /'i^ # ~ V \fl- \,& The homes will be built to meet or exceed current building and energy codes. i \1" 7 . ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of ftre and explosion, spill, or hazardous waste th~t could occur as a result of this proposal? Ifso, describ>~Aft'.1 Typically, a residential development is not a source of environmental health hazards. ~xt / However, the risk of fire is always present within a residential development 1) Describe special emergency services that might be required. While not anticipated to occur, the services of local emergency service providers may be required at some time. There are no "special needs" emergency service requirements associated with this project outside of the normal level of service provided to the surrounding similar residential neighborhoods / f, A I\ff".. of j}!f' \ ~ 2) Proposed measures to reduce or control environmental health hazards, if any. Outside of the installation of a fire hydrant within the development, there are no additional measures provided. b. Noise. I) What types of noise exist in the area which may affect your project (for example: traffic, equipment op'eration, other)? Bulletin #050 - December 22, 2005 Vehicular traffic noise is generated on 28th Avenue South along the west project boundary and from Interstate 5 in the east. The City of Federal Way is requiring a G. OF ~uts\EnVironmental Checklist EXH~BIT Page '~ltlEJ S noise study be completed that documents freeway noise levels and identifies appropriate measures to mitigate the impacts on the development. The project has obtained the services of SSA Acoustics to prepare a site acoustical analysis. 2) What types and levels of noise would be created by or associated with the project on a short-term or long-term basis (for example: traffic, construction operation, other)? Indicate what hours noise would come from the site. During the short-term, construction activity at the project site can and will vary considerably. In addition, because the noise produced on the site depends on the equipment being used, the levels could easily vary from day to day. Maximum construction noise levels can be expected to range from 65 to 89 dBA with an average value of approximately 85 dBA. Minimum noise levels can be expected to have a wider range of 57 to 88 dBA with an average value of 78 dBA (based on a construction activity noise model, described in Noise from Construction Equipment and Operations, Building Equipment, and Home Appliances). Noise associated with construction operations on the site will occur roughly between the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday and the possibility of some Saturdays. Long-term noise impacts will result from increased vehicular tramc at the site and from the average generated noise levels associated with a typical single-family residential development. 3) Proposed measures to reduce or control noise impacts, ifany. Noise impacts associated with the construction phases of the project will be Iiinited in duration. To mitigate general noise impacts during the grading phase, measures such as using and regularly maintaining emcient mufflers and quieting devices on all construction equipment and vehicles can be anticipated. No measures to mitigate noise impacts during the building phase are proposed. Construction hours will be limited to the normal workday, 7:00 a.m. to 6:00 p.m. Proposed measures to mitigate noise generated by the nearby freeway should be outlined in the site acoustical analysis being prepared by SSA Acoustics. Common noise preventive building practices such as using s~ecial windows, extra insulation, sound deadenin2 materials, etc may be used:--MOre passive measures including choosing house plans that hinder the intrusion of noise, and locating theJ!omes on the lots to best block sound from certain directions could be ORti<dlS. Also landScaping and fencing techniques are other possibilities. - 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The current land use for the site is single family residential, however with only three residences on the 6.72 acre site, it does not come close to the density allowed under the cities zoning classification. The adjacent properties to the north, south and west all have the same zoning and, except for the iIIejfally oPtIDltin~ comme~ial plumbin2 CQmpany located o~ east half of the sites north boundary line, all are in single family residential land use. Directly east of the site, the~...9roperty is state owned right-of-way containing 1-5. b. Has the site been used for agriculture? If so, describe. EXH I BIT --'- PAqE-lLOF ~ Bulletin #050 - December 22. 2005 Page 11 of 1 7 k:\Handouts\Environmental Checklist To our knowledge, the project parcel has never been used for crop production, however, timber harvest may have occurred at some time in the past. c. Describe any structures on the site. There are three existing residences (homes) on the project site. The residence at 30614 28th Ave S. consists of a single house. The residence at 30642 28th Ave S is a house with a built-in back yard pool and a separate outbuilding/shed. The third residence has a house and a larger outbuilding/ barn. ~ A \ lvh)JJ \}I').. ~ Yes, all existing structures are to be removed. ~ ~l~~ , \J) <<" \r d. Will any structures be demolished? If so, what? e. What is the current zoning classification of the site? RS 7.2, 1 unit per 7,200 square feet. f. What is the current comprehensive plan designation of the site? High-Density Single Family Residential. g. If applicable, what is the current shoreline master program designation of the site? For the small area in the northwest corner of the site which falls within 200 feet of Steel Lake, the shoreline designation is urban. h. Has any part of the site been classified as an environmentally critical area? Ifso, specifY. The extreme northwest corner of the site falls within 200 feet of Steel Lake and is therefore part of the City of Federal Way's Shoreline Management Plan. No other mapped Critical Areas exist on the site. There are a few small areas on the site where the slope exceeds 40%>>. None of these steep slopes are naturally occurring, but are the result of grading or filling associated with the existing residences. i. Approximately how many people would reside or work in the completed project? The proposed plat of28 lots will provide housing for approximately 70-120 individuals j. Approximately how many people would the completed project displace? 7 k. Proposed measures to avoid or reduce displacement impacts, if any. None, the people being displaced from the site are the applicants of this document, and the owners of the project. I. Proposed measures to ensure the proposal is co~patible with existing and projected land uses and plans, if any. The City of Federal Way has a comprehensive land uS!'plan t t covers the site and th.e XHIBII. Bulletin #050 - December 22.2005 Page 12 1'XGE 40F ~\EnVironmental Checklist adjacent parcels. All the surrounding parcels, along with the project site have a land use designation of Single Family Residential. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. 28 new middle to high income single-family residences will be provided by projects end b. Approximately how many units, ifany, would be eliminated? Indicate whether high, middle, or low-income housing. The three existing middle income single family residences would be eliminated. c. Proposed measures to reduce or control housing impacts, if any. The proposed plat will create housing consistent with the principals and mandates of the Growth Management Act (GMA). The GMA strives to increase existing urban densities to allow for the full utilization of existing utilities, services and infrastructure and to increase the functionality of mass transit while protecting the rural environments from urban sprawl. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The tallest structure will be two stories and less than 30 feet in height with a wood and/or vinyl exterior. . b. What views in the immediate vicinity would be altered or obstructed? The project should not compromise the views from adjacent properties. The view of the site, of course, will be altered to that of a single-family housing development. The required landscape buffers along 28th Ave S and Military Road S, ' c. Proposed measures to reduce or control aesthetic impacts, if any. The proposed plat will include architecturally compatible homes built by a single builder meeting the requirements of the City of Federal Way Building Guidelines. The interior road will be built to the City of Federal Way's public road standards (Section W) and the project proposes the creation of aesthetically pleasing fro'nt yard landscaping for the single- family residences. 10 foot landscape buffers will provide screening between the development and those traveling on the arterials adjacent to the project. Also, The Roper Company (registered landscape architects) has been obtained to provide a landscape plan for Steel Lake Crest. Included in this plan is landscaping and tree plantings for along the adjacent street right-of-ways, landscaping of the detentionlwetpond tract and screening landscaping for the landscape buffers. 11. LIGHT AND GLARE would it mainly occur? Light and glare is the result of reflective surfaces from the glazing and building materials, exterior building lights, and street lights. During evening and night time hours, exterior building lights and street lighting will be designed to minimize the dispersal of light beyond - ',.;""; the project. Properly designed and placed lights, specifically chosen to illuminate target ~.f' d'\ areas with downward emitting luminaries, can be used to light intended areas without 'y' ~ '. . having negative impacts on others. The occurrence of light impacts would be anticipated ~ ; I from dusk to dawn. Some glare impacts may be present during the daytime associated \ \ V primarily with normal residential window glazing. The impacts from glare may also occur '.~ seasonally. b. Could light or glare from the finished project be a safety hazard or interfere with views? It is highly unlikely that glare or light from the project site will interfere with views, affect wildlife, create safety problems, or have any other adverse impacts. The proposed project will have the same accompanying light and glare impacts that are consistent with the other adjacent residential developments. Streetlights and other outdoor lighting are intended to promote safety rather than create a safety hazard. '} What existing off-site sources of light or glare may affect your proposal? , Il\pJ V ! There are no known off-site sources of light or glare that are anticipated to affect this proposal. l\yY /. Streetlights along 28th Avenue South and vehicular lights from cars on 1-5 and 28th Avenue are y~. P\, present, but not unusual in any way or inconsistent with what exists in neighboring \.J' '. \ developments. \ c. d. Proposed measures to reduce or control light and glare impacts, if any. V5~ ~W~ 0'~ Using exterior building lights of low intensity and directing street lights to point downward are typical ways to control light and reduce glare. are used for safety and security purposes. Landscaping techniques can also be used to provide screening of light between homes, other adjacent developments and vehicles as weD. The positive affects of light however, mainly safety and security (especially at night), must be weighed when proposing measures to control ~t. 12. RECREATION a. What designated and informal recreational opnortunities are in the immediate vicinity? Steel Lake Park, The Commons at Federal Way b. Would the proposed displace any existing recreational uses? Ifso, describe. No, the project will not displace any recreational opportunities c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. No measures are proposed, however the applicants will be paying a fee-in-Iieu-of providing on-site open space which benefits the City of Federal Way Parks, Recreation and Cultural Services (P ARCS) department. EXHIBIT~ PAGE ~OF .:z..,-z..-, 13. HISTORIC AND CULTURAL PRESERVATION Bulletin #050 - December 22, 2005 Page 14 of 17 k:\Handouts\Environmental Checklist a. Are there any places or objects listed on, or proposed for, nation, state, or local preservation registers known to be on or next to the site? If so, generally describe. None known to exist. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None known to exist. c. Proposed measures to reduce or contro} impacts, if any. There are no measures proposed to reduce or control impacts. However, if objects are unearthed during site work that may be culturally significant, the Washington State Office of Archaeology and Historic Preservation will be notified I .u .~m (u.".:>o 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. The only street which will service the site is 28th Avenue South, and the project is proposing a single entrance/access onto it. Besides Interstate 5 to the east, which restricts direct access, Military Road South is the only other street adjacent to the site. The City of Federal Way and the project owners have agreed not to provide vehicular access to it. A proposed footpath will allow pedestrian access between Military Road and the projects proposed intemallooproad.Military Road is easily accessible from the site by traveling north two blocks on 28tb Ave S, turning east onto South 304tb Street and proceeding one block. Traveling west on S 304th St from 28th Ave S for just over a half mile will bring you to Pacific Highway South. Less than a mile to the south of the site via 28th Ave S is South 320th Street, the main east-west arterial in the city, and access to Interstate 5. b: Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Yes, Metro Transit Route 183 (south to Federal Way Transit Center, north to Kent Station) has stops along 28th Ave S within a quarter mile of the site. c. How many parking spaces would the completed project have? How many would the project eliminate? The completed project will provide at least two exterior driveway parking spaces and two interior garage parking spaces per new residential lot proposed. For a minimum total of 56 exterior spaces added and 56 interior spaces added. The possibility exists that the homes chosen to be built will have three car garages thereby increasing the number of parking spaces accordingly. The existing residences are to be removed from the site, so the project would eliminate the approximately 18 parking spaces associated with them. Also, it should be noted that the proposed internal road will be built to the cities Section W standard, which is designed to accommodate parking on both sides. d. Will the proposaJ require any new roads or streets, or improve!11e~ts to existing roads or streets, Bulletin #050 - December 22, 2005 Page 15 ofEXHIBI P4~ t: 2.D 01= 7.,.Z..., not including driveways? Ifso, generally describe (indicate whether public or private). Yes, an internal loop road will be constructed per the City of Federal Way's Public Works Development Standards with a Type W cross section. The internal road will be public with the 52 foot right-of-way dedicated to the city. Half street frontage improvements are also required to 28th Avenue South. The project will dedicate an additional 9 feet to the 28th Ave S right-of-way, so that the street can be improved to a Type K section. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? Ifso, generally describe. It is not antielpated that water or raD transportation win be ntilized by the project. }\~~ '. Residents of the development most likely will use air transportation at some time. Seatac ~ iYv International Airport is located approximately 10 miles to the north, and Auburn Municipal Airport is located approximately 5 miles to the east. f. How many vehicular trips per day would be generated by the completed project? Ifknown, indicate when peak volumes would occur. According to the ITE Trip Generation Manual, Seventh Edition, page 269, Land Use Code 210, Single-Family Detached Housing, the average number of trips generated per dwelling unit is 9.57. Multiplying 9.57 by the total number of lots, 28, yields a result of approximately 268 total vehicle trips per day for the completed project. Because the project is removing three existing residences (dwelling units), the net or new vehicular trips generated by the completed project is 239 (9.57 multiplied by 25). Although the exact time of peak flow is unknown, they generally occur on weekdays, between the hours of 7 & 9 AM and 4 & 6 PM. g. Proposed measures to reduce or control transportation impacts, if any. Besides the required half street frontage improvements to 28th Avenue South, a site distance analvsis determined that the project install a two way left turn lane in 28th Ave S to Drovide ~fe access to and from the site. The project will also pay a traffic mitigation fee based on a concurrency analysis which the project will pay the City of Federal Way to perform. The traffic mitigation fee will go towards funding transportation projects deemed necessary to raise the level of service in areas impacted by this project. IS. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. Yes. Whenever a residential development is constructed, the need for public services, such as police and fire protection, increases. Federal Wa~ School District No. 210, City of - Federal Way Police Department, and South King Fire and Rescue serve the site. b. Proposed measures to reduce or control direct impacts on public services, if any. At the time of final plat mitigation fees are paid to the city, many~towards funding public services. Public Services also benefit from the increased co ution to the property tax base. JJ C~~ \ -'4 a. tr ~ \ .. r.. . EXHIB.T---S!l- 16. UTILITIES PAGE-11-0F ~ Bulletin #050 - December 22, 2005 Page 16 of 17 k:\Handouts\Environmenta1 Checklist a. Circle utilities currently available at the site: electricity, naturall!as, water, refuse service, teleohone, sanitary sewer, seotic system, other cable(please list) b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Electric: Water: Telephone: Cable: Gas: Sanitary Sewer: Reuse Service: Puget Sound Energy Lakehaven Utility District QWest Communications Comcast PugetSound Energy Lakehaven Utility District Waste Management C. SIGNA TUn The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. SIGNATURE: DATE SUBMITTED: EXHIBIT ~ PAGE~OF ~~ Bulletin #050 - December 22, 2005 Page 17 of 17 k:\Handouts\Environmental Checkl ist Joanne Long-Woods From: Sent: To: Cc: Subject: h_david kaplan {hdk1934@hotmail.com] Monday, October 20,20083:19 PM Joanne Long-Woods; Greg Fewins; Cary Roe; Neal Beets hdk 1934@hotmail.com STEEL LAKE CREST MONS On August 15, I sent an e-mail to Kathy McClung and Deb Barker commenting on the Steel Lake Crest Preliminary Plat that I had reviewed. At that time, I observed that "the proposed center turn lane along the length of the project on 28th Avenue South doesn't solve the sight distance problem". I had no response from anyone, either verbal or written. Therefore, when I returned from a 10/3-10/10 trip out of town, I was surprised to see a MONS published in the October 4 FEDERAL WAY MIRROR. On October 11, I called city haJJ and was told Deb Barker was no longer working on this project and that it was transferred to Ms. Long-Woods. I spoke with her and she told me that Deb Barker had written a letter on September 7 to Brant Schweikl in Tacoma and Mr. Schweikl was supposed to respond to my concerns. I said that to date, I had not received any response from Mr. Schweikl. Ms. Long-Woods said she would mail me a copy of Ms. Barker's letter. I did not receive that copy in the mail and obtained one when I was in city hall on October 20. In light of the above, since I have had no response to my original concern from either the City of Federal Way or Mr. Schweikl to date, I feel "aggrieved of the city's final determination" and wish to halt the effective date of the MONS until my concerns are resolved. H. David Kaplan EXHIBIT ~ PAGE ----L-OF --'--- Joanne Long-Woods From: Sent: To: Cc: Subject: Brant Schweikl [bschweikl@sacivil.net] Monday, October 20, 2008 4:23 PM Joanne Long-Woods Michael J. Cacciola Jr. Steel Lake Crest 07-103898-00-SE Joanne, We have compiled our comments and are submitting them to for clarification and the record. Findinas of Fact 4. The paragraph seems to place the emphasis specifically along the 1-5 ROW. According to the YVSDOLar-n' 'sti~ 1 engineer the actual damping value: of the trees is insignificant when if comes to meeting the noise requirement The I number of trees remain is stafed as-1~ere it is stated as 8 trees in SEPA 11.d. 6. The file Number is ~7-103897-o0e5'Differs from City of Federal Way File No. 07-103898-00-SE SEPA Conditions % 2. We had previously addressed how we intended to proceed with the noise mitigation measures to Ms. Bed Barker verbally via a tele hone conversation wh,ere she had re ue etermin . i ation was being proposed. We indicate 0 s. Barker t at we would be pursuing Exterior Construction Mitigation whicti1ttne only really viable .,~ option. Dealing with WSDOT to construct a sound wall along the traveled way of 1-5 is neither economically nor ~ JIP I logistically feasible. Although there is some talk of WSDOT and City of Federal Way proposing new City access off ramp It J,uJ and over pass at 312th. If the constructions moves forward it is foreseen that WSDOT will include a concrete sound wall IJIJPI"- along the freeway frontage of the parcel since the residential density of the parcel will above the cost benefit thresholds. Staff Evaluation of the Environmental Checklist 1.h A Temporary Ero~and Sedimentation Plan (TESCP) was never requested by the City, either by checklist submittal requirement~erbally as best we can recall. 7a. We concur that any hazardous materials shall be properly disposed of corre;,~XJ ;;~.t;:',: ~ould like tty! <;ity.to add a statement that "there have been no hazardous materials located onsite". 1u> &Vf11VV..,.... 'w"",, ~ ~ 7b. See SEPA Conditions 2 above. . 11.d See Finding of Facts 4 above. General Comments 1. Would it be possible to add the fact that the project has received an exemption from Shorelines as a manner of record for the p.ublic. \10\. 'i~ ~. - Thank Your for Your Consideration, Respectfully, Brant Brant A. Schweikl, P.E. Managing Member Schweikl and Associates, PLLC 705 S. 9th Street, Suite 303 Tacoma, Washington 98405 PH: (253) 272-4451 FAX: (253) 272-4495 bschweikl@SAcivil.net 1 EXHIBIT \-\'1.- PAGE-LOF-L FILE ~ CITY OF <t~ Federal Way CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 V'iWW. cityoffederalway. com October 28,2008 Mr. David Kaplan 30240 27th Avenue South Federal Way, WA 98003 RE: FILE # 07-103898-00-SE; RESPONSE To COMMENTS Steel Lake Crest Preliminary Plat, 30642 28th Avenue South, Federal Way Dear Mr. Kaplan: Thank you for the comments you submitted on October 20, 2008, in response to the issuance of a Mitigated Determination of Nonsignificance (MONS) on the proposed Steel Lake Crest Preliminary Plat. You have stated in recent conversations that you submitted comments on this project when the Notice of Application was published in 2007. At that time, staff copied and distributed those comments to the Public Works Dept. and the applicant's engineer for evaluation. Your concerns were basically about the placement of the access roads and whether there was adequate sight distance at those locations. Based on your comments and internal review of the project, it was determined that the application, as submitted, did not meet minimum code requirements for site distance, and the applicant was asked to revise the design and the sight distance analysis. Your recent comments echo what your original comments were on this case: you are concerned about the location of the proposed access road for this plat off of 28th Avenue South. As you know, the original plat plan showed two accesses off of 28th A venue South, but as I stated above, internal review of the . application identified that there was a site distance problem on the northerly access so it was removed from the plat. I forwarded copies of both of your comment letters to Sanjeev Tandle of the Public Works Department earlier this week. He explains in more detail the specifics of the review of this plat plan and why the design was changed. Below is his response to address your concerns: "The City's traffic division has originally reviewed the Steel Lake Crest preliminary plat application and the sight distance survey report dated July 11,2007, prepared by Schweikl & Associates, PLLC. The survey indicated that adequate sight distance was available at the proposed southerly access but adequate sight distance was not available at the proposed northerly access. The report indicated that approximately 3S() feet sight distance was available compared to the required385 feet for a 35 mph speed zone. The report also indicated that providing a two-way left turn lane along the frontage of the property would mitigate this deficiency. The staff did not concur with those conclusions from the report for the following reasons: I. Providing a two-way left turn lane would not help improve the sight distance forthe westbound to northbound egress movements at the north access. EXHIBIT -Jfr- PAGE--\-OF ~ c:;~..., ., ;: " ~'rY-"C~ ;. -:;., ;I ,. '1\'~Kaplan OClober 28. 2008 Page 2 2. Based on the approach grade of the proposed north access, the sight distance criteria to the south for the westbound left turn and right turn movements would be approximately 475 feet and 426 feet, respectively. As these requirements were not met based on the submitted materials, we concluded that it is unsafe to allow any egress movements from the north access. The staff required the applicant to provide other mitigation measures so that the sight distance criteria would be met at the north access. Based on the staff comments, the applicant revised the site plan to eliminate the northerly access and reconfigured the plat to include only one site access. The applicant also submitted a revised sight distance analysis report on November 2,2007. Based on the revised sight distance analysis to reflect the revised plat configuration, the available sight distance at the proposed site access would be 505 feet to the north and 485 feet to the south. The required sight distance is 385 feet for a 35 mph speed zone. Therefore, the staff concluded that adequate sight distance is available at the proposed site access." I hope this additional information helps you understand how the plat design has changed and why. The City does not intend to modify the MDNS issued on this case and it has been scheduled for a public hearing before the Hearing Examiner. The MDNS was final on October 20,2008, and the appeal period ends 14 days from that date, or November 3,2008. As a party of record, you will be sent a formal notice of the hearing when scheduled.. You will be able to submit additional comments and/or testimony at the public hearing, if you choose to. If you have any questions, please contact me at 253-835-2640. ~~~~ Joanne Long-Woods, AICP Senior Planner c: Brant Schweikl, Schweikl & Associates, PLLC, 705 South 9'R Street, Suite 303, Tacoma, W A 98405 Linda Elder, 30642 28'h Avenue South, Federal Way, W A 98003 07-10.\BQS EXHIBIT l. PAGE ~~ :;~ ~o ~w '\-----.n \ \. )) ".""::y ~ ,~ Federal Way CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com November 5, 2008 Brant Schweikl Schweikl & Associates, PLLC 705 9th Street, Suite 303 Tacoma, W A 98405 RE: File #07-103898-00-SE; REsPONSE TO COMMENTS Steel Lake Crest prelimi:wlry Plat MDNS, 30642 28th Avenue South, Federal Way Dear Mr. Schweikl: Thank you for the comments you submitted on October 20, 2008, in response to the issuance of a Mitigated Determination of Non significance (MDNS) on the proposed Steel Lake Crest Preliminary Plat. I will respond to each statement in turn. as submitted: Findings of Fact I. You state that the Finding #4 seems to place emphasis on 1-5 ROWand you quote a statement made by an employee of WSDOT about the value of trees in addressing noise requirements. The finding primarily'identifies what was in the submittal of the significant free removal and replacement plan. The last sentence identifies that a majority of the large trees along the east side of the proposed plat will be removed. As for the statement from a WSDOT employee, I was not a party to a private conversation and have no knowledge of the employee or any statements made. No comments were received from WSDOT on this determination. 2. You identify a discrepancy in file numbers. The correct SEPA file number is #07-103898-00-SE. The Subdivision file number is #07-103897- OO-SU. Thank you for pointing that out. It has been corrected in the findings document. SEP A Conditions You stated that you had had a conversation with Deb Barker about what noise mitigation measure would be utilized to mitigate for noise impactsfrom being adjacent to the 1-5 corridor. You also mentioned talk about a fUture transportation construction project between WSDOT and the City. I did find a resubmittalletter where you mention that the exterior construction method was the choice of the applicant. I will revise the staff findings to indicate that and include it into the staff report. EXHIBIT . ~ PAGE_LOF ~ 1\./1_ ('I,..,J..........~I...1 Mr. Schweikl November 5, 2008 Page 2 Staff Evaluation of the Environmental Checklist 1. Comment noted. Will be required with submittal of engineered drawings. 2. Comment noted. The review does not say hazardous materials were found on the site. The buried materials were identified during soil test pit exploration and the consultant stated in his geotechnical report that no further exploration had been requested. 3. No additional comment identified. 4. No additional comment identified. General Comments You ask if the fact that the project had received an exemption from having to get a Shoreline Permit could be referenced, as a matter of record for the public. The shoreline exemption was acquired before submittal of this application. A copy of the exemption letter will be included with the packet of information to the Hearing Examiner and identified in the staff report. ~~J/~ Joanne Long-Woods, AICP Senior Planner c: Linda Elder, Steel Lake Crest Group, LLC, 30642 28th Avenue South, Federal Way, W A 98003 EXHIBIT r_ PAGE~ '-I~OF ~___ 07-103898 Doc. 1D. 47$4l1 JISj Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management/Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 A ttn: Re: Mrs. Linda Elder: Subsurface Exploration/Geotechnical Engineering Report, Parcell's: 0921049182,0921049096,0921049183 &: 0921049161 RESUBM\TfeO MA"< S () 'LOGa OF FEDERAL WAY C\~U\lD\NG DEPT. JUN CITY OF F BUlL o Mrs. Linda Elder 30642 28th Ave South Federal Way W A At your request, we have conducted a soils exploration and foundation evaluation for the above mentioned project The results of this investigation, and our recommendations, are to be found in the following report We have provided three copies for your review and distribution. During our exploration, nine test pits were advanced and soil samples submitted for laboratory testing from the project site. The data has been carefully analyzed to determine soils bearing capacities and footing embedment depths. The results of the exploration and analysis indicate that conventional spread and continuous wall footings appear to be the most suitable type of foundation for the support of the proposed structures. Some variability was encountered in comparing the soil profiles of the site. The onsite slopes appear to be manmade in parts and should be observed by a geotechnical engineer prior to concrete placement for foundation. Net allowable soil pressures, embedment depth, soil parameters, and total expected settlements have been presented for the site, later in the report Often, because of design and consbuction details that occur on a project, questions arise concerning soil conditions. We would be pleased to continue our role as geotechnical engineers during the project We appreciate this opportunity to be of service to you and we look forward to working with you in the future. If you have any questions concerning this report, the procedures used, or if we can be of any further assistance please call us at (206) ~5. ~. :- ----~..,_::.:;-:'~.<.'.. '. JasaIi-E.t. Deli P.E. president r--;-----.-----.] L_~\PIRES ()l}'O~'1007 ___ EXHIBIT 3 PAGE-LOF ~~ PO Box 181 Auburn WA. 98071 Phone: (206) 786-8645 Fax: (253) 833-7316 Email: JaSon@jasonengineer.com Page 2 of 23 Jl!J Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 0700l-035 Table of Contents Table of Contents Investigation Information Introduction: Scope: General: Site Exploration Procedures General Notes: Drilling &: Sampling Procedures: Laboratory Testing Program: Site Information Project Description Climate of Area: Geology of Area: (AgB) Alderwood Gravelly sandy loam Description of Foundation Materials: Geoseismic Setting: Liquefaction Potential: Foundtdion Discussion & Recommendations General Notes: Foundation Design Recommendations: Lateral Earth Pressures: Structural Fill: Slope Impact Analysis: Groundwater Control: Construction Considerations Earthwork: Excavations: Floor Slab-On-Grade: Erosion Control (typical of most sites) Pavement Design Recommendations Existing Subgrade: Crushed Surfacing: Asphalt Concrete Pavement Conclusion Appendix I: Test Pit Logs Appendix II: Additional Site Photos Appendix III: Figures Vicinity Map SCS Soil Survey Information Site Plan Appendix IV: Pavement Design 3 4 4 4 4 5 5 5 5 6 6 6 6 6 7 8 9 9 9 10 10 11 11 12 12 12 12 13 14 14 14 14 14 15 20 21 21 21 22 23 EXHIBIT <f PAGE ~ OF~ PO Box 181 Auburn WA. 980'71 Phone: (206) 786-8645 Fax: (253) 833-7316 Em.ail: Jason@jasonengineer.com Page 3 of 23 J5j Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 . Investigation Inforrnation Introduction: This report presents the results of a soils exploration and foundation analysis for the proposed new construction located at 30642 28th Ave South in Federal Way. The subsurface exploration and analysis determines the various soil profile components, the engineering characteristics of the foundation materials and provides criteria for the design engineers and architects to prepare or verify the suitability of the foundation design. This report was requested by Linda Elder. Written authorization to perform this exploration and analysis was provided by Linda Elder Scope: The scope of this geotechnical report and analysis included; a review of geological maps of the area, review of geologic and related literature, a reconnaissance of the immediate site, subsurface exploration, field and laboratory testing, and an engineering analysis and evaluation of the foundation materials to provide allowable bearing capacity, estimates of settlement, subgrade modulus, lateral earth pressure design values, geotechnical recommendations for site grading including site preparation, subgrade preparation, fill placement criteria, suitability of on-site soils as structural fill, drainage and erosion control measures, as well as an evaluation of landslide and erosion hazards at the site per the King County Critical Areas regulations. We were not requested to provide an Environmental Site Assessment for this property. Any comments concerning onsite conditionsandj or observations, including soil appearances and odors, are provided as general information. Information in this report is not intended to describe, quantify or evaluate any environmental concern or situation. General: The exploration and analysis of the foundation conditions reported herein are considered sufficient in detail and scope to form a reasonable basis for the foundation design. Any revision in the plans for the proposed structure from those enumerated in this report should be brought to the attention of the soils engineer so that he may determine if changes in the foundation recommendations are required. H deviations from the noted subsurface conditions are encountered during construction, they should also be brought to the attention of the soils engineer. The soils engineer warrants that the findings, recommendations, specifications, or professional advice contained herein, have been promulgated after being prepared according to. generally accepted professional engineering practice in the fields of foundation engineering, soil mechanics and engineering geology. No other warranties are implied or expressed. This investigative report has been prepared for the exclusive use of Linda Elder and retained design consultants thereof. Findings and recommendations within this report are for specific application to the proposed project All recommendations are in accordance with generally accepted soils and foundation engineering practices. EXHIBIT ~ PAGE'~ OF ~ PO Box 181 Auburn WA. 98071 Phone: (206) 786-8645 Fax: (253) 833-7316 Email: Jason@jasonengineer.com Page 4 of 23 J5j.' .......... "i/ , . I Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management/Inspection Pavement Design &: Analysis Date: 6-20-2007 PrQject Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Site Exploration Procedures General Notes: The field exploration to determine the engineering characteristics of the foundation materials included a reconnaissance of the project site, excavating the test pits, performing field penetrometer and vane shear tests and recovering disturbed grab samples. A total of nine test pits were placed on the site. Test pits were advanced to 10 feet below the existing ground surface. Test pits were located by the field crew near as possible to the proposed building location. Schweikl and Associates supplied a site plan to locate the proposed building orientation and position the excavations. The test pits were located by the field technician by means of normal taping and pacing procedures and are presumed to be accurate to within a few feet. After completion, the pits were backfilled with excavated soils and the site cleaned and leveled as required. The types of foundation materials encountered in the test pits have been visually classified and described in detail on the logs provided in the Appendix. The results of the field penetrometer and vane shear tests, moisture contents and other laboratory tests are presented on the logs. It is recommended that the logs not to be used for estimating quantities due to highly interpretive lesuIts. Drilling & Sampling Procedures: The test pits were performed with a conventional track excavator. Representative samples were obtained from the pits at various soil intervals. The samples obtained by this procedure were classified in the field by a soils technician, identified according to pit number and depth, placed in plastic bags to protect against moisture loss and transported to the laboratory for additional testing. Laboratory Testing Program: Along with the field investigation, a supplemental laboratory testing program was conducted to determine additional pertinent engineering characteristics of the foundation materials necessary in analyzing the behavior of the proposed building structure. The laboratory testing program included supplementary visual classification and water content determinations on all samples. In addition, selected samples were subjected to Moisture Content Analysis - 04959, and Grain Size Analysis - ASlM designation C-117, C-136. All phases of the laboratory testing program were conducted according to applicable ASTM Specifications and the results of these tests are to be found on the accompanying logs located in the Appendix. EXHIBIT ]' PAGE...!LOF ..n.. PO Box 181 Auburn WA. 98071 Phone: (206) 786-8645 Fax: (253) 833-7316 Email: Jason@jasonengineer.com Page 5 of 23 J5j Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Site Information Project Description The purpose of this section is to enumerate details of the proposed structure. The following information was provided by the project engineer. The buildings will be a wood framed, single family residence structures. Daylight basements may be required in sloped areas. Conventional spread footings and slab-on-grade floors are contemplated. Differential settlements are limited to % inch. A pavement section has not been requested but has been provided within this report The site of the proposed building addition upon which this soils exploration has been made is located at 30642 28th Ave South in Federal Way. The site topography consists of a slope on the West side of the lots that drops toward the east The total vertical elevation difference is approximately 55 feet over the entire site. The slopes are located in the middle of the site and runs from NW to SE comers. The site drainage consists of surface runoff and natural seepage. The site vegetation is mostly deciduous trees with a few evergreens located on the east side of the lot Blackberry bushes, neddles, vine maples and Cedar trees are also present Prior grading has occurred on the east side of the lot near the existing houses. Climate of Area: The climate of the site and surrounding area as taken from the USDA Soil Conservation Service Survey consists of annual precipitation of 35 to 60 inches, most of which is rainfall, between October and May. The mean annual temperature is about 50 degrees F. The frost free season is 150 to 200 days. Geology of Area: (AgB) Alderwood Gravelly sandy loam The geology of the western portion of the site as taken from the USDA Soil Conservation Service Survey consists of Alderwood gravelly sandy loam (AgB). Typical Alderwood soils are moderately well drained, undulating to hilly soils that have dense, very slowly permeable glacial till at a depth of 20 to 40 inches; on uplands and terraces formed under conifers in glacial deposits. This soil is nearly level and undulating, and moderately well drained. Water moves across the substratum in winter. These soils have a slowly permeable glacial till or glacial lake deposits at a depth of 16 to 40 inches and somewhat excessively drained, rolling, deep sandy soils on uplands and terraces. The horizon 0 to 6 inches in depth is usually dark brown. The soil horizon from 6 to 12 inches is dark brown, grayish brown and dark yellowish brown. The horizon 12 to 40 inches is consolidated and mostly grayish brown mottled with yellowish brown. Some layers in this horizon slake in water. There is a consolidated substratum of till at a depth of 24 to 40 inches. Soils above the substratum are pervious when compacted. The surface layer is 2 to 3 inches thicker than the nearby soils to the south. Areas are irregular in shape and slopes range from 0 to 6 percent. Runoff is slow and the erosion hazard is slight The geology of the eastern portion of the site consists of Alderwood gravelly sandy loam (AgC). Typical Alderwood soils are moderately well drained, undulating to hilly soils that have dense, very slowly permeable glacial till at a depth of 20 to 40 inches; on uplands and terraces formed under conifers in glacial deposits. Soil profiles are similar in type except permeability is moderately rapid in the surface layer and subsoil. However, it is very slow within the cemented layer and dense glacial till. A perched water table is as high as 18 to 36 inches at times from January through March. Runoff is slow to medium and erosion hazard is moderate. Description of Foundation Materials: The soil profiles encountered were relatively consistent among most of the pits. It is to be noted that, whereas the test pits were placed and sampled by an experienced technician, it is sometimes difficult to record changes in stratification within narrow limits. In the absence of foreign substances, it is also difficult to distinguish between PO Box 181 Auburn WA. 98071 Page 6 of 23 Phone: (206) 786-8645 Fax: (253) 833-7316 Email: Jason@jasonengineer.com EXHlfJ1T ~ PAGE 5 OF ~'Z. J5j'" " Jason '/< Engineering&: Consulting , I Business, Inc. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 discolored soils and clean soil fills. It is recommended that the logs not to be used for estimating quantities due to highly interpretive results. The surface of the proposed construction site is covered with 6 to 12 inches of topsoil that should be removed prior to the start of any construction due to the high compressibility of these soils. Silty sand with gravel was encountered beneath the existing topsoil and extended to depths beyond the scope of this investigation. Lines of demarcation represent the approximate boundary between the soil types, but the transition may be gradual The top few feet consisted of a brown, silty sand with gravel, medium dense to dense. Below this was a gray to gray- brown gravel with sand and silt This layer was dense to very dense. The layers were fairly consistent with the depths varying between sample pits. In the area of sample pit #6, there was miscellaneous debris, fill, used tires and wood. No trash debris was found in the other sample pits. The total area and quantity of trash found in this area is uncertain and should be carefully observed during excavation to ensure all trash is removed. Geoseismic Setting: Foundation soils on this site are designated a Site Class C, from Table 1615.1.1 per the 2003 International Building Code (I. B.C.). All building structures on this project should be designed per the Code Requirements for such a seismic classification. These types of soils have a shear wave velocity in the range of 1,200 to 2,500 ftj sec. The undrained shear strength is typically greater than 2000 psf with blow counts greater than 50 blows per foot The following may be used for the seismic coefficients. Sile class C 10 0 c 3 ~ C. ~ .. c ~ ~ '- S 288TH ST EXPL\:\;\'f10:\ . ~ U D D D D D [] Site class F RapKrei ule-.:;pedrlC: in,.e~ligatlOl1 Sile class E Sile class D 10 E ... c ~ -7. '"" c ::l ;: .. Sile cia.\> D o S 320TH ST Sile class C Sil" class B III (' ~ Sile class B '] EXHIBIT ~ PAGE-k.-OF ...n PO Box 181 Auburn WA. 98071 Phone: (206) 786-8645 Fax: (253) 833-7316 Email: Jason@jasonengineer.com Page 7 of 23 " J5j Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Shuctures Project Management/Inspection Pavement Design &: Analysis Date: 6-20-2007 ~ Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 De....n Response Spectrum IE .9 I J J' 11 I 120.00 + \ \ ~ --- -.......-..... --- 100,00 80,00 60.00 40,00 20,00 0.00 0.00 0.20 0.40 0.60 0.80 PerIod, T 1.00 1.20 1,40 Perio~ T Sds Sma Sa 0 0.00 40.0 To 0.05 100.0 100 150 Ts 0.26 100.0 100 150 1 1.00 26.0 2 2.00 13.0 . Sds and Sms values given at max acceleration Sm1 = 39, Sd1 = 26 . Liquefaction Potential: Liquefaction is when saturated, cohesionless soils are temporarily turned in to a liquid state usually from a seismic event. If ground motion lasts for extended amounts of time, the grain to grain contact shifts and the grain structure can collapse. If the water within the soil cannot flow easily between the grain and out of a collapsing area, the water pressure increases. When pore pressures build up within the soil and exceed the effective contact pressure of the soil, the water can push the soil particles apart When the particles lose contact with each other, the soil mass can behave like a liquid. H pore pressures are great enough, water may discharge out of the ground like a geyser leaving characteristic signs, such as sand boils. Liquefaction is generally related to; soil characteristics, water table depths and the degree of seismic activity. The results are lower bearing capacities, increased settlement issues, landslides, and lateral spreading to name a few things. liquefaction potential for this site is provided within the boundaries of the site. Seismic events which affect land masses on a greater scale are beyond the scope of this report. In our review we found no evidence of liquefaction of the soils in the immediate area from the 1949, 1965 and 2001 earthquakes. The site is located within the category ill region of the Poverty Bay Auburn quadrangle liquefaction susceptibility map (GM-43) which has a VERY LOW susceptibility rating for liquefaction. It includes all other Pleistocene glacial and non-glacial deposits and the Osceola Mudflow. Additional information on the site has been reviewed on Liquefaction Susceptibility Map provided by the Department of Natural Resources which rates the site as having a VERY LOW susceptibility to liquefaction. EXPLANATION ~",',",~' ~ D D D D [J] o Li'lucfaction suscL'Ptibilily: HIGH Li'luclitction suscL'Ptibility: MODERArE (0 HIGH Li'lucfaction su-,ceptibility: MODERA:rE Li'luefaclinn susceptibility: LOW tll MODERATE Li'lucfaclilID su-'lCL"Plibility: LOW Li'lucfactinn su-'lCl"Ptibility: VERY LOW tn LOW Li'lucfactinn susceptibility: VERY LOW PO Box 181 Auburn WA. 9807l Page 8 of23 Phone: (206) 786-8645 Fax: (253) 833-7316 Emai1: Jason@jasonengineer.com EXH BIT J" PAGE-LOF 1,1. ~"~,>""/,,.,, ,', , I Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Foundation Discussion & Recommendations General Notes: Various foundation types have been considered for the support of the proposed building structure. Two requirements must be fulfilled in the design of foundations. First, the load must be less than the ultimate bearing capacity of the foundation soils to maintain stability; and secondly, the differential settlement must not exceed an amount that will produce adverse behavior of the superstructure. The allowable settlement is usually exceeded before bearing capacity considerations become important; thus, the allowable bearing pressure is normally controlled by settlement considerations. Considering the subsurface conditions and the proposed construction, it is recommended that the structure be founded upon conventional spread and continuous wall footing foundations. Settlements should not exceed tolerable limits if the following design and construction recommendations are observed. Foundation Design Recommendations: On the basis of the data obtained from the site and the test results from the various laboratory tests performed, we recommend that the following guidelines be used for the net allowable soils bearing capacity. Ground Surface 18.0 inch min. required for freeze-thaw I Footing Depth: 18 inches g / Bearing Capacity: 2,000 PSF It- All footings are to be excavated to and placed on native undisturbed soils (gray gravel with sand and silt) or compacted structural fill. Footings are required to be a minimum of 18 inches below grade for freeze thaw purposes. After excavation, compact any loose surface soils with a jumping jack compactor. These soils shall be confirmed for bearing capacity and verified by the soils engineer after excavation. It- After excavation, compact the surface with a jumping jack compactor. Confirm compaction of the native soils and that all soft spots have been removed and replaced with suitable fill material and compacted to least 95% of the maximum dry density as determined by ASTM 0-1557. "" Continuous wall footings should be a minimum of 18 inches in width and any slab for the proposed building should be suitably reinforced and connected to the footings so as to limit the effects of differeIwal settlement and to provide some degree of uniform settlement ability for the building should the site undergo liquefaction during a major seismic event PO Box 181 Auburn WA. 98071 Page 9 of 23 Pho"", (206) 786-8645 F= (253) 833-7316 Emalli ,ason@j..onengineerEXHI BIT l' PAGE--!LOF ..n. J5j Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 ~ Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 0'7001-035 It- In the area of sample pit #6, there was miscellaneous debris, fill. used tires and wood. No trash debris was found in the other sample pits. The total area and quantity of trash found in this area is uncertain. Footing excavation should be carefully observed during excavation on the sloped area to ensure all trash is removed and the native soils are found. It- The use of on-site soils as structural fill is acceptable. If these soils are to be used for structural fill, laboratory samples will need to be taken for grain size analysis and moisture-density relationships. Structural fill shall be compacted to at least 95,. of maximum density per ASlM D1557 in footing areas. The footings should be proportioned to meet the stated bearing capacity and/or the International Building Code 2003 minimum requirements. Total settlement should be limited to 1 inch total with differential settlement of 3/4 inch. Any excessively loose or soft spots or areas that do not meet the compaction requirements that are encountered in the footing subgrade will require over-excavation and backfilling with at least 1 foot of structural filL In order to minimize the effects of any slight differential movement that may occur due to variations in the characters of the supporting soils and any variations in seasonal moisture contents, it is recommended that all continuous footings be suitably reinforced to make them as rigid as possible. It is recommended that the services of our firm be engaged to test and evaluate the soil conditions during the construction phase of the project The design values and recommendations made herein are valid only insomuch as they are followed during the construction phase. Additionally, monitoring and testing during the construction phase needs be performed to verify the subgrade conditions and that suitable materials are used and that they are properly placed and compacted. Lateral Earth Pressures: Lateral earth pressures are dependent upon the backfill materials and their configuration and moisture content Three inch minus sand and gravel mixtures that are free draining are recommended for backfilling walls greater than four feet tall Below grade retaining walls or walls designed for retaining earthen fills on this project may use the following values for design. Values were obtained based on a unit weight of 130 pcf, and a phi angle of 34 degrees. Earth Pressure Coefficients Active, K..: 0.283 At Rest,. Ko: 0.441 Passive, Kp: 3.537 Earth Pressure Active: 37 At Rest 57 Passive: 460 Coefficient of Friction: 0.35 Ibs./ft3 lbs. / ft3 lbs. / ft3 Structural Fill: Structural fill should consist of a 3 inch minus select, clean, granular soil with no more than 5,. fines (-#200). Suitable structural fill should consist of material that meets one of the following specifications, WSOOT Section 9- 03.10 Aggregate for Gravel Base, WSDOT Section 9-03.14(1) Grave! Borrow, WSOOT Section 9-03.14(2) Select Borrow, WSDOT Section 9-03.9(3) Crushed Surfacing (Base Course Specs), WSDOT Section 9-03.9(3) Crushed Surfacing (Top Course Specs), APW A Qass A Pit Run, or APW A class B Pit Run. Material that does not meet one of the specifications should be submitted with sieve analysis results for approval prior to placement The fill should be placed in lifts not to exceed 12 inches in loose thickness. Each layer of structural fill should be compacted to a minimum density of 95,. of the maximum dry density as determined by ASlM designation 0-1557. For structural fill below footings, the area of the compacted backfill must extend outside the perimeter of the foundation for a distance at least equal to the thickness of the fill between the bottom of the foundation and the PO Box 181 Auburn WA. 98071 Page 10 of 23 Phone: (206) 786-&i45 PalC (253) 833-7316 Emalli Jason@jasEXtll IT ~ PAGE , OF~ alr3J" "" Jason '>>~ Engineering &: Consulting .' I Business, Inc. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 ~ Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 underlying soils. H it is elected to utilize a compacted backfill for the support of foundations, the subgrade preparation and the placing of the backfill should be monitored continuously by a qualified engineer or his representative so that the work is performed according to these recommendations. Slope Impact Analysis: Sample pits placed near the sloped portion of the site appear to less dense in the upper layers those observed at lower areas farther to the east of the site. It is likely the existing slope was modified, especially in the area of test pits #6 and #7 where debris was found Footing excavation should be carefully observed during excavation on the sloped area to ensure all trash is removed and the native soils are found. Re-grading of the slopes will be necessary to reach native competent soils for a solid foundation. Excavation into the slope may increase the steepness of the existing slope and require houses in this area to be of a daylight basement structure. We do not anticipate that the proposed residential structure and construction of the project will have any off-site impacts. On-site care should be taken during construction to make sure that runoff caused by wet weather is directed away from all open excavations. The site is stable enough to support the proposed residential construction within the recommendations made herein. There were no signs of previous slope instability or failures. Groundwater Control: Groundwater was not encountered when the field exploration was conducted. A seep was noted only in sample pit #1. Groundwater is not expected to cause difficulties during construction of this project It is recommended that runoff caused by wet weather be directed away from all open excavatio~ The on-site silty soils can be expected to become soft and pump if subjected to excessive traffic after becoming wet during periods of bad weather. This can be avoided by constructing temporary or permanent driveway sections should wet weather be forecast. The on-site drainage (roof drains &: catch basins for pavement areas) should be collected and directed away from the property. This can be accomplished by tight-lining the drainage to the approved storm drainage system. Retaining walls should contain at least 12 inches of free draining material behind the wall as well as a 6 inch perforated drainpipe at the bottom of the wall to alleviate any pressure buildup. Connect the drainpipe to the on site storm drainage system. EXHIBIT ~ PAGE--"LOF !J,2 PO Box 181 Auburn WA. 98071 Phone: (206) 786-8645 Fax: (253) 833-7316 Emai1: Jason@jasonengineer.com Page II of 23 J5j,' ",,',,', . ; / I Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering , Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Construction Considerations Earthwork: Excessively organic top soils generally undergo high volume changes when subjected to loads. This is detrimental to the behavior of pavements, floor slabs, structural fills and foundations placed upon them. It is recommended that excessively organic top soils be stripped from these areas to depths of 6-12 inches and wasted or stockpiled for later use. Exact depths of stripping should be adjusted in the field to assure that the entire root zone is removed. It is recommended that the final exposed subgrade be inspected by a representative of the soils engineer. This inspection should verify that all organic material has been removed. Any soft spots or deflecting areas should be removed to sound bearing and replaced with structural fill. Once the existing soils are excavated to the design grade, proper control of the subgrade conditions (ie., moisture content) and the placement &: compaction of new fill (if required) should be maintained by a repreSentative of the soils engineer. The recommendations for structural fill presented within this report, can be utilized to minimize the volume changes and differential settlements that are detrimental to the behavior of footings, and floor slabs. Enough density tests should be taken to monitor proper compaction. For structural fill beneath building structures one in-place density test per lift for every 1,000 ft2 is recommended. In parking and driveway areas this can be increased to two tests per lift for every 1,000 ft2. Excavation equipment may disturb the bearing soils and loose pockets can occur at bearing levels that were not disclosed by the test pits. For this reason, it is recommended that the bottoms of the excavations be compacted in- place by vibratory compactors. The upper 12 inches should be recompacted to achieve an in-place density of not less than 95' of the maximum dry density as determined by ASlM D-1557. Excavations: Shallow excavations required for construction of foundations that do not exceed four feet in depth may be constructed with side slopes approaching vertical Below this depth it is recommended that slopes not exceed one vertical to one horizontal. For deep excavations, the soils present cannot be expected to remain in position. These materials can be expected to fail, and collapse into any excavation thereby undermining the upper soils materials. This is especially true when working at depths near the water table. Proper care must be taken to protect personnel and equipment Care must be taken so that all excavations made for the foundations are properly backfilled with suitable material compacted according to the procedures outlined in this report Before the backfill is placed, all water and loose debris should be removed from these excavations. This information is provided for planning purposes. It is our opinion that maintaining safe working conditions is the responsibility of the contractor. Jobsite conditions such as soil moisture content, weather condition, earth movements and equipment type and operation can all affect slope stability. All excavations should be sloped or braced as required by applicable local, state and federal requirements. FloOT SIRb-On-Grade: Before the placing of concrete floors or pavements on the site, or before any floor supporting fill is placed, the organic, loose or obviously compressive materials must be removed. The subgrade should then be verified by the geotechnical engineer or his representative that all soft or deflecting areas have been removed. Areas of excessive yielding should be excavated and backfilled with structural fin PO Box 181 Auburn W A. 98071 Page 12 of 23 Phone: (206) 786-8645 Fax: (253) 833-7316 Email: Jason@jasonengineer.com r;:' ~g R", ~ ~ aT' -:Y u-,~~ !j~IJ~ --1- PAGE-1LOF ~ J5j'" " Jason '><, Engineering &: Consulting .. , Ouslneos,lnc. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Any additional fill used to increase the elevation of the floor slab should meet the requirement for structural fill. Structural fill should be placed in layers of not more than 12 inches in thickness, at moisture contents at or above optimum, and compacted to a minimum density of 95% of the maximum dry density as determined by ASlM designation D-1557. A granular mat should be provided below the floor slabs. This should be a minimum of four inches in thickness and properly compacted. The mat should consist of sand or a sand and gravel mixture with non-plastic fines. All material should pass a 3f4 inch sieve and contain less than 10% passing the #200 sieve. Groundwater can be expected at shallower depths during the winter months. A moisture barrier, such as visqueen or plastic sheeting, may be placed beneath all floor slabs that are within a foot of the water table, as determined during excavation. Erosion Control (typical of most sites) 1. The implementation of these FSC plans and the construction, maintenance, replacement, and upgrading of these ESe facilities is the responsibility of the owner /FSC supervisor until all construction is approved. 2 The boundaries of the clearing should be clearly flagged by a continuous length of survey tape (or fencing, if required) prior to construction. During the construction period, no disturbance beyond the clearing limits shall be permitted. The clearing limits shall be maintained by the owner/ESe supervisor for the duration of construction. 3. The FSC facilities are to ensure that the transport of sediment to surface waters, drainage systems, and adjacent properties is minimized. 4. The FSC facilities shown on this plan are the minimum requirements for anticipated site conditions. During the construction period, these FSC facilities shall be upgraded as needed for unexpected storm 'events and modified to account for changing site conditions (e.g., additional sump pumps, relocation of ditches and silt fences, etc.). 5. The FSC facilities shall be inspected daily by the owner/ESe supervisor and maintained to ensure continued proper functioning. 6. Any areas of exposed soils, including roadway embankments, that will not be disturbed for two days during the wet season or seven days during the dry season shall be immediately stabilized with the approved ESe methods (e. g., seeding, mulching, plastic covering, etc.). 7. The FSC facilities on inactive sites shall be inspected and maintained a minimum of once a month or within forty-eight (48) hours following a storm event 8. At no time shall more than one (1) foot of sediment be allowed to accumulate within a catch basin. All catch basins and conveyance lines shall be cleaned prior to paving. The cleaning operation shall not flush sediment-laden water into the downstream system. 9. Stabilized construction entrances and roads shall be installed at the beginning of construction and maintained for the duration of the project Additional measures, such as wash pads, may be required to ensure that all paved areas are kept clean for the duration of the project 10. Any permanent flow control facility used as a temporary settling basin shall be modified with the necessary erosion control measures and shall provide adequate storage capacity. H the facility is to function ultimately as an infiltration system, the temporary facility must be graded so that the bottom and sides are at least three feet above the final grade of the permanent facility. 11. Where straw mulch for temporary erosion control is required, it shall be applied at a minimum thickness of 2 to 3 inches. 12 Prior to the beginning of the wet season (Oct 1), all disturbed areas shall be reviewed to identify which ones can be seeded in preparation for the winter rains. Disturbed areas shall be seeded within one week of the beginning of the wet season PO Box 181 Auburn WA. 98071 Phone: (206) 786-8645 Fax: (253) 833-7316 Email: Jason@jasonengineer.com Page 13 of 23 EXH BIT l' PAGE -.rE..OF -2&.. J5j, :'-",'",' , >./ I Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Pavement Design Recommendations On the basis of the results of laboratory tests and the assumed traffic counts of the proposed project, the pavement profile should consist of the following recommendations: Existing Subgrade: 1) All subgrade preparation work to be performed should be monitored by a representative of our firm. 2) Over-excavate any areas that exhibit pumping of the subgrade soils at least 12 inches (or as directed by a representative from our firm). Replace with gravel base material If subgrade is saturated or pumping excessively after over-excavating then it may be necessary to place quarry spalls on the subgrade prior to placement of any gravel base material 3) On the basis of the existing soils type, the onsite conditions, and the anticipated traffic conditions we recommend that the existing subgrade being compacted to 95~ of the maximum dry density as determined by ASlM 0-1557 (Modified Proctor). 4) Under certain site conditions the existing subgrade can be accepted by proof-rolling the subgrade using a fully loaded dump truck. This procedure (if used) should be witnessed and accepted by a representative of our firm. 5) A geotextile fabric (if used) should be placed upon the approved subgrade to maintain the structural integrity of the pavement profile. The fabric should be a type of fabric specifically made for use in road construction Crushed Surfacing: 1) The layer of crushed surfacing material should consist of 6 inches of WSDOT Section 9-03.9(3) Crushed Surfacing (Base Course Specs) that is placed and compacted to 95% of the maximum dry density as determined by ASlM 0-1557 (Modified Proctor). 2) All of the crushed surfacing and Gravel Base material could at the contractor's option consist of WSDOT Section 9-03.9(3) Crushed Surfacing (Top Course Specs) that is placed and compacted to 95~ of the maximum dry density as determined by ASlM 0-1557 (Modified Proctor). 3) The material should be placed in lifts not to exceed 6 inches, with each lift being compacted and verified. 4) The crushed surfacing material should be placed to provide the proper grade and drainage for the asphalt pavement. Asphalt Concrete Pavement: 1) The asphalt pavement should consist of at least 3.0 inches of WSDOT Class B asphalt that is placed and compacted to at least 91 % of the theoretical maximum density as determined by ASlM 0-2041 (Rice Method). 2) Provide a tack coat on all concrete surfaces that the pavement will be placed against, and for multiple lifts that are not placed within an hour time period. Conclusion All footings are to be placed on native undisturbed soils (gray gravel with sand and silt). The existing slope appears to be manmade in locations and should be excavated to native soils foundation placement When the plans and specifications are complete, or if significant changes are made in the character or location of the proposed structures, a consultation should be arranged to review them regarding the prevailing soil conditions. Then, it may be necessary to submit supplementary recommendations. While the recommendations made herein are considered sufficient in detail for the construction of the proposed project, there are many alternative methods of construction which are available. We can discuss various other options for construction at your request PO Box 181 Auburn W A. 98071 Page 14 of 23 Phone: (206) 786-8645 Fax: (253) 833-7316 Email: Jason@jasonengineer.com EXHIBIT 1" PAGE~OF ~ ~" , "> . /~-:' , Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Managementllnspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Appendix I: Test Pit Logs Lo #1 Boring ID: Date of Exc:avation: Project Name: FIle #: SP-1 5-5-2007 Steel Lake Crest 07001-035 Depth(ft): (feet) (meters) 1 0.30 2 0.61 3 0.91 4 1.22 ' 5 1.52 6 1.83 7 2.13, 8 2.44 9 2.74 10 3.05 End Boring Profile uses SPf(N) (blows/ ft) Moisture % Lo #2 Boring ID: Date of Excavation: Project Name: File I: SP-2 5-5-2007 Steel Lake Crest 07001-035 Depth(ft): Profile (feet) (meters) uses 1 0.30 2 0.61 3 0.91 4 1.22 5 1.52 6 1.83 7 2.13 GP-GM 8 2.44 9 2.74 10 3.05 End Boring SPT (N) (blows/ ft) Moisture % Method of Sample: Surfac:e Elevation (ft): Total depth (ft): Technician: Percent passing 3/4" #4 #200 Sample Description Type Track Excavator 455 10 JECB topsoil brown silty sand with gravel, medium dense water seep noted at 4 ft,. slow flow 75 52 12 grab gray brown gravel with sand and silt. dense Track Excavator 445 10 JEeB topsoil brown silty sand with gravel, medium dense 75 52 12 grab gray gravel with sand and silt. very dense Method of Sample: Surfac:e Elevation (ft): Total depth (ft): Technician: Percent passing 3/4" #4 #200 Sample Description Type No watl', visible Page 15 of 23 PO Box181 Auburn WA. 98071 Phone: (206) 786-8645 Fax: (253) 833-7316 Email: Jason@jasonengineer.com EXHIBIT ~ PAGE~OF -Z'J.. J5fJ' " ,._-" ,'" - ~ -. ,:, " .'/: , Jason Engineering & Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management I Inspection Pavement Design & Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 LoJt #3 Boring ID: Date of Excavation: Project Name: File #: SP-3 5-5-2007 Steel Lake Crest 07001-035 Method of Sample: Surface Elevation (ft): Total depth (ft): Technician: Track Excavator 443 10 JECB Depth(ft): Profile (feet) (meters) uses 1 0.30 2 0.61 3 0.91 4 1.22 5 1.52 6 1.83 7 213 GP~1f 8 244 9 274 10 3.05 End Boring Lo #4 Boring ID: Date of Excavation: Project Name: File #: Depth(ft): (feet) (meters) 1 0.30 2 0.61 3 0.91 4 1.22 5 1.52 6 1.83 7 213 8 244 9 274 10 3.05 End Boring Profile uses GP.i.GM SPT (N) (blowsl ft) Moisture % Percent passing 3/4" #4 #200 75 52 Sample Description Type topsoil brown silty sand with gravel, medium dense No water visible 12 grab gray gravel with sand and silt, very dense Method of Sample: Surface Elevation (ft): Total depth (ft): Technician: Sample Description Type Track Excavator 440 10 JECB topsoil brown silty sand with gravel, medium dense No water visible 12 grab gray gravel with sand and silt, very dense SP-4 5-5-2007 Steel Lake Crest 07001-035 SPT (N) (blows/ft) Moisture % Percent passing 3/4" #4 #200 75 52 Page 16 of 23 PO Box 181 Auburn WA. 98071 Phone: (206) 786-8645 Fax: (253) 833-7316 Email: Jason@jasonengineer.com EXHIBIT ~ PAGE-d-OF ...n. JJj" "<,'" , I' Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management/Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Lo~ #5 Boring ID: Date of Excavation: Project Name: File #: SP-5 5-5-2007 Steel Lake Crest 07001-035 Method of Sample: Surface Elevation (ft): Total depth (ft): Technician: Track Excavator 440 10 }ECB Profile uses Moisture SPT (N) (blows/ ft) Depth(ft): (feet) (meters) 1 0.30 2 0.61 3 0.91 4 1.22 5 1.52 6 1.83 7 213 GI~ 8 2.44 9 274 10 3.05 End Boring Lo~ #6 Boring ID: Date of Excavation: Project Name: File #: SP-6 5-5-2007 Steel Lake Crest 07001-035 % Percent passing 3/4" #4 #200 Sample Desoiption Type topsoil brown silty sand with gravel,. medium dense No water visible Method of Sample: Surface Elevation (ft): Total depth (ft): Technician: 75 52 12 grab gray gravel with sand and silt, very dense % Percent passing 3/4" #4 #200 Track Excavator 444 12 }ECB Depth(ft): Profile (feet) (meters) uses 1 0.30 2 0-61 3 0.91 4 1.22 5 1.52 6 1.83 7 213 8 244 9 274 10 3.05 11 3.35 12 3.66 GP-GM End Boring Moisture SPT (N) (blows/ ft) 75 52 12 Sample Desoiption Type topsoil Fill material, gravel with sand and silt used tires, wood debris grab gray gravel with sand and silt, very dense PO Box 181 Auburn W A. 98071 Page 17 of 23 Phone: (206) 786-8645 Fax: (253) 833-7316 Email: Jason@jasonengineer.com EX IBll1 PAGE.1LOF ~.. 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Geotechnical Engineering Retaining Structures Project Management/inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Lott #7 Boring 10: Date of Excavation: Project Name: File #: SP-7 5-5-2007 Steel Lake Crest 07001-035 Method of Sample: Swface Elevation (ft): Total depth (ft): Technician: Track Excavator 446 10 JECB Depth(ft): Profile (feet) (meters) uses 1 0.30 2 0.61 3 0.91 4 122 5 1.52 6 1.83 7 213 GP~ 8 244 9 274 10 3.05 End Boring L #8 SPT (N) (blows/ ft) Moisture % Percent passing 3/4" #4 #200 Sample Description Type topsoil brown silty sand with gravel, medium dense No water visible 75 grab gray gravel with sand and silt, dense 52 12 og Boring 10: SP-8 Method of Sample: Track Excavator Date of Excavation: 5-5-2007 Surface Elevation (ft): 457 Project Name: Steel Lake Crest Total depth (ft): 10 File #: 07001-035 Technician: JECB Depth(ft): (feet) (meters) 1 0.30 2 0.61 3 0.91 4 122 5 1.52 6 1.83 7 213 8 2.44 9 2.74 10 3.05 End Boring Profile uses SPT (N) (blows/ ft) Moisture % Percent passing 3/4" #4 #200 Sample Description Type topsoil brown silty sand with gravel, medium dense No water visible 75 52 12 grab gray gravel with sand and silt, dense GP.cM PO Box 181 Auburn W A 98071 Phone: (206) 786-8645 Fax: (253) 833-7316 Email: Jason@jasonengineer.com Page 18 of 23 EXHI~!T \f PAGE...lLOF J'- (f~ ~ Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management/Inspection Pavement Design &: Analysis Date: 6-20-2007 Pr~ Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Lo #9 Boring ID: Date of Excavation: Project Name: File #: SP-9 5-5-2007 Steel Lake Crest 07001-035 Depth(ft): Profile (feet) (meters) uses 1 0.30 2 0.61 3 0.91 4 122 5 1.52 6 1.83 7 2.13 8 2.44 GP-GM: 9 2.74 10 3.05 End Boring SPT(N) (bIows/ft) Moisture % Method of Sample: Surface Elevation (ft): Total depth (ft): Technician: Percent passing 3/4" #4 #200 Sample Description Type Track Excavator 465 10 JECB topsoil brown silty sand with gravel, medium dense No water visible 75 52 12 grab gray gravel with sand and silt, very dense GP-GM (orange), is consistent same material GP-GM (pink), 75-52-12 is consistent same material Variability between test pits is depth of material encountered. J t:z.. EXHIBIT PAGE PO Box 181 Auburn W A. 98071 Phone: (206) 786-8645 Fax: (253) 833-7316 Email: Jason@jasonengineer.com .. J5j Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis, Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Appendix II: Additional Site Photos I: Test pit with typical very dense. gray gravel with sand and silt. 2: Sample pit #6 with used tires and debris found down to 10ft. 3: Composite view of site looking north from the south east comer EXHIBIT ~ PAGE PO Box 181 Auburn WA. 98071 Phone: (206) 786-8645 Fax: (253) 833-7316 Emai1: Jason@jasonengineer.com J5j Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Appendix III: Figures Vicinity Map , ,.... ., -'" ~ - oW" ~ oJ '\ ". . ".. ",," \ t .. i '<':. J I '"".'::""r~ - t .. .. i i .,'" ",' '-'M ~ i i -\. ' II S 3lWahlit ~ - S3IMlhe, fR 6-iIzlllI fI; t a S3DGSI . ,... .. -- S3l5ltJ-s.. .. ~ 'f j t " .. . l ~ .J3liitPl .. IE li \ .. " IE !I.. i t I' '_So . t 3T2tllSI 011 . t ~ J,...... t IB 5-11...-,. .. ~ lb .. I f" j at::-' ! iP'llltl,S:tI!IttStfilj .. ,,..-flIt- 13*t9l-. S3I11t1. 831lft1\ ,.. SCS Soil Suroey Information "\. . J '-'J' r ~ " " " . ! I _I> Sib" ~ .".1 s.2MdI- .,. c..".,. ~ .-"' ",,, .. .... . ~. ii: it .i. III ,. , i i H!; i " i i S:Ma 31 .. i Ii " " , 'l .. . "':.' it ~.........- .--.. .~.. I: J s...,. .. 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Geotechnical Engineering Retaining Structures Project Management/Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Appendix IV: Pavement Design AASHTO Pavement Section Design Project Location: Steel Lake Crest Average Daily Traffic Count: 500 All Lanes &: Both Directions Pavement Design Life: 20 Years % .of Traffic in Design Lane: l00~ Terminal Seviceability Index (Pj: 2.0 1.1 Level of Reliability: ~ Expected Growth Rate: 2.0~ Subgrade CBR Value: 20 Subgrade Mr 30,000 Calculation of Design 18 kip ESALs Daily Traffic Breakdown Passenger Cars: 153 Buses: 3 Panel &: Pickup Trucks: 38 2 A~le, 6 Tire Trucks: 10 Concrete Trucks: 0 Dump Trucks: 20 Tractor Semi Trailer Trucks: 25 Double Trailer Trucks 1 Heavy Tractor Trailer Combo Trucks: 1 Average Daily Traffic in Design Lane: 250 TDtal Design Life 18 kip ESAL's: Actual Log (ESAL's): Trial Log (ESAL's): Trial SN: 1,256,668 6.099 6.100 2.22 OK Load Factors 0.0008 0.6806 0.0122 0.1890 4.4800 3.6300 2.3719 2.3187 2.9760 Design Depth Structural Inches CDefficient Asphaltic Concrete: Asphalt Treated Base: Cement Treated Base: Crushed Aggregate Base: Existing Aggregate Subgrade: Pavement Section Design SN: 3.00 0.00 0.00 6.00 200 2.32 OK 0.42 0.25 0.17 0.14 0.11 Design ESAL's 1,085 15,090 4,057 16,762 2,980 643,856 525,882 20,563 26,393 Drainage Coefficient n/a n/a n/a 1.0 1.0 PO Box 181 Auburn W A. 98071 Page 23 of 23 Phone: (206) 786-8645 Fax: (253) 833-7316 Emai1: Jason@jasonengineer.com -!t' EXHIBIT \J PAGE 2~ OF ,1--~ ENVIRONMENTAL NOISE REVIEW Steel Lake Crest Plat 30642 28th Ave S Federal Way, Washington Prepared for: Brant Schweikl Schweikl & Associates, PLLC 705 South 9th Street, Suite 303 Tacoma, WA 98405 Prepared by: SSA Acoustics, LLP 222 Etruria Street, Suite 100 Seattle, Washington 98109 June 1, 2007 EXHIBIT " PAGE-LOF fj SSA"'CO USTlCS , ACOUSTICS ACOUSTiCS ,C ,STIes StawMt . All A1laoua . Perkin_ I'.GOUST1CS ACOUST! J~COU.sT1CS J\c<Jusfles RECEI ACOUSTICS '~STl JUL 1 6 2fJ07 C~~L~~81,\'T~AY CONTENTS INTRODUCTION.................................................................................................. 3 DESCRI PTORS ................................................................................................... 3 NOISE GUIDELINES ... ......... ... ....... ...... ..................... ...... .......... .............. ...... ...... 4 MEASU REMENT DESCRiPTION......... .............. ..... ......... ......... ............ ........ ...... 5 MEASUREMENT RESULTS ...... ...... ........ .... .................... ...... .... .................. ........ 6 RECOMMENDATIONS........... ........... .......... ....... ....... ......... .......... ....... ..... ..... ...... 7 SUMMARY.. .................. ........ ....... ...................... ........ ................ ........ ...... ....... ... 11 APPENDIX I ..... .................... ................. ..................... .............. .......... ...... .......... 12 Federal Interagency Committee on Urban Noise............................................ 12 APPENDIX II ..... ....... ................... ......... ....... ............. ..... ..................... ................ 14 EXHIBIT ~ PAGE 1., OF Steel Lake Crest Plat SSA Acoustics, LLP Job #: 07-2201 Page 3 of 14 INTRODUCTION The following report presents the results of the environmental noise study conducted for the proposed residences at 30642 28th Avenue South in Federal Way, Washington. The report presents measurement results, guidelines and criteria for residential noise levels and mitigation measures to meet the criteria. DESCRIPTORS Sound consists of minute vibrations, which travel through a medium, such as air, and are sensed by the human ear. The ear perceives these vibrations as changes in pressure and as a result sound levels are often referred to as "sound pressure levels." Sound levels are expressed in units of decibels. The term decibel implies a logarithmic ratio of the measured pressure to a reference pressure. The reference pressure refers to the lower threshold of perceptibility by the human ear. The human ear responds differently to sounds at different frequencies. This is demonstrated by the fact that we hear higher pitched sounds more easily than lower ones of the same magnitude. To compensate for the different "loudness" as perceived by humans, a standard weighting curve is applied to measured sound levels. The weighting curve represents the frequency response of the human ear and is labeled as dBA ("A" weighted decibels). Sound levels vary significantly depending on location and activities. People normally experience sound levels between about 30 and 90 dB(A), depending on their activity. For example, a nearby noisy vehicle, radio or power tool may produce 90 dB(A); normal conversation is about 55 to 65 dB(A); and a bedroom or quiet office is about 30 to 40 dB(A). The table below approximates human sensitivity to changes in sound level. Table 1 . Changes In Sound Level Change in Sound Level (dB) 1 3 6 10 20 Change in Apparent Loudness Imperceptible (except for tones) Perceptible Significant Twice (or half) as loud 4 times (or one-forth) as loud When measuring noise that is fluctuating over time, such as traffic noise, it is common practice to use a descriptor called the equivalent A-weighted sound level, Leq. The Leq is the constant sound level in dB(A) which contains the same amount of sound energy over a given time period as the actual measured fluctuating noise event. Equivalent A-Weighted Noise Level, LEQ Leq, equivalent sound level, is the level of a constant sound that, over a given time period, contains the same amount of sound energy as the measured fluctuating sound; Day-Night A-Weighted Average Noise Level, Ldn or DNL DNL or Ldn, day-night average sound level is a descriptor that describes the continuous sound exposure for a 24 hour period with a 10 dBA adjustment added to sound levels occurring during nighttime hours (10 PM and 7 AM). EXHIBIT I' PAGE ) OF-CL 222 Etruria Street, Suite 100, Seattle, WA 98109 Tel: 206,839,0819 Fax: 206,839,0824 Steel lake Crest Plat SSA Acoustics, llP Job #: 07-2201 Page 4 of 14 NOISE GUIOalNES The Department of Housing and Urban Development Noise Standards consider outdoor Day-Night Average Sound levels (ldn) below 65 dBA "acceptable" and the indoor Day-Night Average Sound level (ldn) goal is to not exceed 45 dBA 1. Normal construction can be expected to provide a Noise level Reduction (NlR) of 20 dB, thus the indoor goal of ldn less than 45 dBA can be met when the outdoor ldn is less than 65 dBA. Additional information about the guidelines for considering noise in land use planning and control is included in Appendix I. EXHIBIT PAGE. l.f 1 HUD Chapter 2: The Noise Regulation, 51.101 (9) Interior Noise Goals 222 Etruria Street, Suite 100, Seattle, WA 98109 Tel: 206,839,0819 Fax: 206.839,0824 ~ OF ..UL Steel Lake Crest Plat SSA Acoustics, LLP Job #: 07-2201 Page 5 of 14 MEASUREMENT DESCRIPTION SSA Acoustics placed one long-tenn environmental noise monitor on the property which was a Larson Davis 820 (Type 1) Precision Integrating Sound Level Meter, which recorded the hourly average sound level. Short-term measurements were also conducted on-site with a Larson Davis 824 (Type 1) Spectral Analyzer. The equipment confonns to American National Standards Institute (ANSI) requirements for Type 1 instruments. The Sound Level Meters were calibrated before and after the measurements with a 1000 Hz tone at 94 dB.2 The environmental noise monitor was placed on top of a storage shed at 30642 28th Avenue South on Thursday May 17, 2007 to record the Iong-tenn noise levels experienced on the property and the monitor was stopped on Tuesday May 22,2007. shown in Figure 1. Figure 1 2 Briiel & Kjmr Type 4230 Sound Level Calibrator (Calbrated by Scantek, Inc. on May 9, 20(6) EX HI B IT K PAGE > OF lL 222 Etruria Street, Suite 100, Seattle, WA 98109 Tel: 206839,0819 Fax: 206,839,0824 Steel lake Crest Plat SSA Acoustics, LLP Job #: 07-2201 Page 6 of 14 MEASUREMENT RE5UL T5 The environmental noise monitor recorded an Equivalent A-weighted Noise Level (LEO) for each of the 115 hours the monitor was active. The data was then reduced to a single Day-Night Average Noise Level (Ldn) for each full 24-hour period. The Day-Night Average Noise Level (Ldn) corrects for the heightened levels of perception between the hours of 10:00 PM and 7:00 AM with an additional 10 decibel weighting. The recommended exterior day-night noise level should not exceed an Letn of 65 dBA; without additional noise reduction incorporated into the construction. Figure 2 shows the Equivalent A-Weighted Noise Level (LEO) for each hour from May 17th through May 2200 at 30642 28th Avenue South in Federal Way. Washington, with the Ldn for each full 24-hour period shown3. Fi ure 2 Outdoor Average Noise Level (LEQ) 70 68 Ldft = 11IM ~: Ldft -..,.. cI8A Ldn=67.1 dBA Ldn = 67.. dBA e68 ID :!!. 164 ..J 62 I "0 Z60 . Q I! 58 . ~ ;>.56 1: ::I ~ 54 As shown in Figure 2, the Day-Night Average Noise Level (Ldn) ranged from 67 to 69 dBA. The hourly average noise levels exceeded 56 dBA during the entire four day noise monitor, with a maximum 24 hour Leq of 66 dBA and an average Leq of 62 dBA. The exterior day-night noise levels exceeded the recommended HUD guidelines. Therefore. mitigation measures will be necessary. EXHIBIT K PAGE --'rL.OF ..l!L 3 Figure 1 is included as a full page graph in Appendix 2. 222 Etruria Street, Suite 100, Seattle, WA 98109 Tel: 206.8390819 Fax: 206,839,0824 Steel Lake Crest Plat SSA Acoustics, LLP Job #: 07-2201 Page 7 of 14 RECOMMENDATIONS The measurements at 30642 28th Avenue South in Federal Way, Washington resulted in exterior noise levels ranging between 65 and 70 dBA Ldn. Therefore, noise mitigation will be required to meet the HUD criteria. There are two options to mitigate the noise from Interstate 5 to meet the indoor noise level criteria: either by providing' above-standard exterior envelope construction mitigation or noise barrier mitigation. The following are recommendations for each option to meet the recommended 45 dBA Day-Night Average Noise Level (Ldn). Exterior Construction Mitiaation Standard construction methods that meet current energy code requirements provide a Noise Level Reduction (NLR) of 20 dB, which is adequate for exterior Ldn levels that are 65 dBA or less. Since the exterior Ldn levels are above 65 dBA, additional construction methods are necessary to meet the interior Ldn of 45 dBA. To achieve the 45 dBA Ldn requirement, the exterior envelopes (walls, windows, doors) of the residential units must be constructed to provided a 25 dB Noise Level Reduction (NLR). The general 25 dB Noise Level Reduction construction details are presented in Table 2. The current construction details can be reviewed to incorporate the additional noise level reduction requirements. A 25 dB NLR assumes mechanical ventilation and closed windows year round. EXHIBIT \<. PAGE--.:LOF -1L. 222 Etruria Street, Suite 100, Seattle, WA 98109 Tel.206,839,0819 Fax: 206,839,0824 Steel Lake Crest Plat SSA Acoustics, LLP Table 2 General Exterior Walls Job #: 07-2201 Page 8 of 14 25 dB NLR Re uired within 65-70 DLN zones Brick Veneer, Masonry Blocks, or Stucco exterior walls shall be constructed airtight. All .oints shall be routed or caulked airti t. At the penetration of exterior walls by pipes, ducts, or conduits, the space between the wall and i es, ducts, or conduits shall be caulked or filled with mortar. Window and/or throu h-the wall ventilation units HVAC should not be used. Throu h-the walVdoor mail boxes shall not be used All sleeping spaces shall be provided with a sound-absorbing ceiling system and carpeted floors. Exterior walls shall have a Iaborato sound transmission class ratin of at least STC 39. Exterior Windows Windows shall have a laboratorv sound transmission class ratina of at least STC-28. The total area of glass in both windows and doors in sleeping spaces shall not exceed 20% of the floor area. Exterior Doors Doors shall have a laborato sound transmission class ratin of at least STC-28. Roofs Combined roof and ceiling construction shall have a laboratory sound transmission class rating of at least STC-39. Window and dome skylights shall have a laboratory sound transmission class rating of at least STC-28. Floors Ventilation Openings to any crawl spaces below the floor of the lowest occupied rooms shall not exceed 2% of the floor area of the occu ied rooms. A ventilation system shall be installed that will provide the minimum air circulation and fresh air supply requirements for various uses in occupied rooms without the need to open any windows, doors, or other openings to the exterior. The inlet and discharge openings shall be fitted with sheet metal transfer ducts of at least 20 gauge steel, which shall be lined with i-inch thick duct lining, and shall be at least 5 feet long with one 90 d rea bend. Gravit vent 0 eni s in attics shall not exceed code minimum in number and size. If a fan is used for forced ventilation, the attic inlet and discharge openings shall be fitted with sheet metal transfer ducts of at least 20 gauge steel, which shall be lined with 1-inch thick duct linin ,and shall be at least 5 feet 10 with one 90 d rea bend. Domestic range exhaust ducts connecting the interior space to the outdoors shall contain a baffle plate across the exterior termination which allows proper ventilation. The dimensions of the baffle plate should extend at least one diameter beyond the line of sight into the vet duct. The baffle plate shall be of the same material and thickness as the vent duct material. Fireplaces shall be provided with well fitted dampers as required for the type of fuel being used and ti htl fitted lass doors. EXHIBIT "- PAGE-B-OF -1!- 222 Etruria Street, Suite 100, Seattle, WA 98109 Tel: 206,839,0819 Fax. 206,839,0824 Steel Lake Crest Plat SSA Acoustics. LLP Job #: 07-2201 Page 9 of 14 Noise Barrier Mitiaation To provide noise barrier mitigation to meet both the exterior noise level condition and thus the interior noise condition a noise barrier must be constructed between Interstate 5 and the proposed residences. The goal is to reduce the outdoor noise level by 5 to 7 dB, resulting in a 62 to 64 dBA Ldn, which meets the HUD 65 dBA Ldn Exterior Noise Standard. In turn, the reduction of the outdoor day-night average noise level to 65 dBA or less with normal construction would result in an indoor day-night noise level of 45 dBA or less. The sound attenuation characteristics of a noise barrier are based on the geometry of the barrier relative to the source and receiver locations and the frequency of the source noise. The installation of a highway sound barrier could provide up to 7 dB of reduction from road noise with a 10 feet above road grade noise barrier. The noise barrier should be installed near Interstate 5, as shown in Figure 3. The noise barrier should be constructed from continuously solid material with sound transmission loss requirements: Table 3 Materials that have a surface mass of at least 3.5 Ibslsq ft will meet these requirements. The following common barrier materials that meet the mass and transmission loss requirements: o 2 layers of 5/B-inch exterior grade plywood o 2 layers of 16 gauge sheetmetal EXHIBIT K PAGE~OF ~ 222 Etruria Street, Suite 100, Seattle, WA 98109 Tel: 206,8390819 Fax: 206,839,0824 r Steel Lake Crest Plat SSA Acoustics, LLP Job #: 07-2201 Page 10 of 14 Figure 3: Noise Barrier Location EXHIBIT ~)C. PAGE-<<L~ 222 Etruria Street, Suite 100, Seattle, WA 98109 Tel: 206,839,0819 Fax: 206,839,0824 Steel Lake Crest Plat SSA Acoustics, LLP Job #: 07-2201 Page 11 of 14 SUMMARY This report has provided the results of the environmental noise survey and mitigation recommendations to reduce the impact of road noise on the proposed residential development. Please contact us if there are any questions. Sincerely, SSA Acoustics, LLP t;;J;11a~ n Erik Miller-Klein SENIOR TECHNICIAN EXHIBIT ~ PAGE-U-OF -et- 222 Etruria Street, Suite 100, Seattle, WA 98109 Tel: 206,839,0819 Fax: 206,839,0824 Steel Lake Crest Plat SSA Acoustics, LLP Job #: 07-2201 Page 12 of 14 APPENDIX I Faderallnteragency Committee on Urban Noise Guidelines for Considerina Noise in Land Use Plannina and Control The United States Federal guidelines for land use compatibility in tenns of noise were released in June 1980, which consolidated the existing guidelines from Federal Agencies such as Department of Housing and Urban Development (HUD), Department of Transportation (DOT) and Environmental Protection Agency (EPA). These guidelines include a Noise Zone Classification, Table 1 and the Suggested Land Use Compatibility Guidelines, Table 2, based on these noise zones. Table 4: NOISE ZONE CLASSIDCATION ,.. ........ N_ DIiILI ~~ _- NIJ'I 1h.JD N..... N_ I..-w .......... 4-. ,.... ..... ......... 1.- a. .... ...... ..... ...... r- - " ""...... .... ...... .... ~ .. ....... E...-e " 55 >> ..~.. . ModIrMe ""'" ss2 .. ""'" JJ .. .........:IS .. ~ NoM ...... NeI ...... .. ....... " " . -- A-.M ""- 65 AIIIM )t ... C-I .... ....... ... ..... .... ....... ~ lID 10 35 ........., - e...... 11..........' AINIw ,. .. Mow,. .. .u... u .. CoJ "" ....... ... &.IIiIIa *' ...... " " . ......" .. AIIaw 40 .. Do .... ....... Not~ .... ....... 10 . .s ----- s.-e ..u-....... E_ "..... . .. -"-10 .. AMft 4J .. D-2 .... ....... ... ........ .... --- u u . -- I).) A..... U A......, MMe. ICNl!L - c-a, NDIw ~ LncllCl&nlll ~ _ dIe_....... 2mID. DOT MIl EPA ...... .... _ " ..... .. ........... ....... _.. ....... ,.... ........ ... ...- wldt . ....... __ of ..., (~ EPA .......... ~.) .....--. II II _ . ,.-,.."..... b iiI. ......... lor. ............ _........_ for ~ InIIlCdInoIaIkaI ,........., . ... .... .. .... 01.., l*liadIr -*r. Jne...... H....., ~ (I'HW.,..paIiq_llIiI..... ............L (lIOIiiIe WIllI e-*'d 1tlI ...- .r dIIl*J .. -* .-. '*' f. ......, ........... 'fI:~ (desip ...... II ....... .. DNL fer ..... ...... .... lbt ........ ____ I)"'" equl 1ft IICmM of IOIaI u.nk fIDw .. ........... JoI bom; 1) lilt&: __ 10.... .. , e._. .. _ -- Mea .... 01_ -...., lnIffk fIDw ill ..... ,., l4l1aw1. UedIr .... -.IlI_ DNL ...... LtG - J clIcIIIIdI. ~;.. - iIolirpan ..m-. GIIIr. ,,_.... ~ '" DNL, 'n. HUD NoiIe ....... .... e ___ _ 01 ......., r... .. nll'U.... ........ .. _ C-I. "*--- .....--. - " ....... fer ........... ..... ...... Table 1 provides a letter designation for each noise zone based on the level of noise exposure and the Day-Night Average Sound Level (Ldn). While the HUD Noise Standards, far right column in the Noise Zone Classification table, consider outdoor Day-Night Average Sound Levels below 65 dBA "acceptable". Note 2 specifies that HUD, DOT and EPA recognize Day-Night Average Sound Level equal to 55 dBA as the goal for outdoors in residential areas in protecting the public health and welfare with an adequate margin of safety. It also notes that this is not a regulatory goal, but a general scientific consensus. EXHIBIT ~ PAGE ---1.l:...0F -1!- 222 Etruria Street. Suite 100, Seattle, WA 98109 Tel: 206,839,0819 Fax: 206,8390824 Steel Lake Crest Plat SSA Acoustics, LLP Job #: 07-2201 Page 13 of 14 Table S: SUGGESTED LAND USE COMPATIBll.1TY GUIDELINES ..... V.. NoIIt z-tDNL lAw. .. ..... BLOCM A . C.I c.1 1't:. 0.1 D-J No. N_ US 5J.65 65-11 "''7! .... II. I' ......... II HDUIIboId IlDRI. 11.11 SiIqk uDib - detIIdIed Y Y. 151 .. N N N 11.11 5inaIe unlll - ItIDklIUcIIecI Y Y. 25. 301 N N N 11.13 .... UDiII - at1IIdIed row Y Y. 151 JOI N N N 11.11 Two .1. - Iide-b~ Y Y. 251 301 N N N 11.22 Two UDiII - OM aIIove die odlcr Y Y. 25' JOI N N N IUI AputIllCllII - .lIk up Y Y. U. JOt N N N 1I.J2 A~ - .11.. Y Y. )51 30' N N N 11 Oroup quanen Y Y. .ul JOI N N N 1) ResIdential hotels Y Y. 25. ]01 N N N 14 Mobile ho.e puIll 01' CGUI1I Y Y. N N N N N J, TrUltieftl /odainp Y Y. .ul JOI 351 N N 16 Other raldenlial Y Y. 25' JOI N N N Table 2 is a guideline for land use with respect to outdoor noise on the property, due to automobile traffic, airplane traffic or other exterior noise sources. The following notes are included in the Guidelines. Notes for Table 2 1. a) Although local conditions may require residential use, it is discouraged in C-1 and strongly discouraged in C-2. The absence of viable alternative development options should be detennined and an evaluation indicating that a demonstrated community need for residential use would not be met if development were prohibited in these zones should be conducted prior to approvals. b) Where the community determines that residential uses must be allowed, measures to achieve outdoor to indoor Noise Level Reduction (NLR) of at least 25 dB (Zone C-1) and 30 dB (Zone C- 2) should be incorporated into building codes and be considered in individual approvals. Normal construction can be expected to provide a NLR of 20 dB, thus the reduction requirements are often stated as 5, 10 or 15 dB over standard construction and normally assume mechanical ventilation and closed windows year round. Additional consideration should be given to modifying NLR levels based on peak noise levels. c) NLR criteria will not eliminate outdoor noise problems. However, building location and site planning, design and use of berms and barriers can help mitigate outdoor noise exposure particularly from ground level sources. Measures that reduce noise at a site should be used wherever practical in preference to measures which only protect interior spaces. 2. Measures to achieve NLR of 25 must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low. 3. Measures to achieve NLR of 30 must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low. 4. Measures to achieve NLR of 35 must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low. 222 Etruria Street, Suite 100, Seattle, WA 98109 Tel: 206839,0819 Fax: 206,839,0824 Steel Lake Crest Plat SSA Acoustics, LLP APPENDIX II ~~ ~ f) 7q. .00 ~ l?q, 4100 ~q, ~q, 7 ~q, 7- ~q, ~<?~ f) 4100 ~Oo ~Oo 7 ~~ f) 7- -4 ~Oo 3. ~. CD .00 - ~ <?q, 2. ~q, .2. <9. .00 7 ~~ f) 7- ~q, ~<?~ f) 4100 ~q, ~Oo 7 ~~ f) 15>. .00 ~Oo 4100 ~q, Hourly Average Noise Level (dBA) U'I N ~ g ~ ~ m Job #: 07-2201 Page 14 of 14 m ~ o c a o o ... ~ CD iiJ ca CD z o : r- CD l - r- m r- D 0- _ =' II ~ <0 0- lD 1> BIT '~ PAGE-llf-OF ~ ~ 81 222 Etruria Street, Suite 100, Seattle, WA 98109 TeL 206,839,0819 Fax: 206,839,0824 ; .~ Schweikl & Associates, plJc Civil Engineering, Project Management, & Consulting TECHNICAL INFORMATION REPORT PRELIMINARY DRAINAGE REVIEW FOR STEEL LAKE CREST PROJECT NO: 06066 JULY 2007, REV. MAY 2008 PREPARED FOR: THE STEEL LAKE PLAT GROUP 30642 28TH AVENUE SOUTH FEDERAL W A Y,W ASHINGTON 98003 PREPARED BY: BRANT A. SCHWEIKL, P.E. RESUBMITTED MAY :I 6 2008 S C H WE IK LAND Ass 0 C I AT E S, P L L C .CITY OF FEDERAL WAY BUILDING DEPT. 705 SOUTH 9TH STREET, SUITE 303 TACOMA, WASHINGTON 98405 (253) 272-4451 TECHNICAL INFORMATION REPORT PRELIMINARY DRAINAGE REVIEW FOR STEEL LAKE CREST 30642 28th Avenue South Federal Way, Washington 98003 July 2007, Rev May 2008 Prepared for: THE STEEL LAKE PLAT GROUP 30642 28TH AVENUE SOUTH FEDERAL WAY, WASHINGTON 98003 Prepared by: Brant A. Schweikl, P.E. REPORT #06066 "I hereby state that this Storm Drainage Report for Steel Lake Crest has been prepared by me or under my supervision and meets the standard of care and expertise which is usual and customary in this community of professional engineers. I understand that the City of Federal Way does not and will not assume liability for the sufficiency, suitability or performance of drainage facilities prepared by me." This analysis is based on data and records either supplied to, or obtained by, Schweikl and Associates, pllc. These documents are referenced within the text of the analysis. The analysis has been prepared utilizing procedures and applications within the standard accepted practices of the industry. EXHIBIT L PAGE~OF JW 2 06066_REV-PTIR.doc Steel Lake Crest Parcel#'s0921049096,0921049l61,0921049l82&0921049l83 PRELIMINARY STORM DRAINAGE REPORT Project Overview The proposed Steel Lake Crest Plat is located at 30642 28th Avenue South, Federal Way, Washington. The site falls between 28th A venue South, on the west, and the Interstate 5 right-of-way to the east. Private property bounds the site on the north and south. Except for the northeast comer, which is clipped diagonally by Military Road South, the overall shape of the site is rectangular. That portion of the property truncated by Military Road being approximately 100 feet longer east to west than north to south. Steel Lake lies directly to the west, and a small portion of the site (the extreme northwest comer) is within 200 feet of the lakes shoreline. The project has requested an exemption from the Shoreline Substantial Development Permit (required when a project is less than 200 feet from a regulated lakes shoreline) based on the fact that the affected area is so minimal it falls below the threshold. Approximately one quarter mile due east of the site, across the Interstate 5 right-of-way, is Dolloff Lake. The location of these two lakes is relevant to the project because ultimately they receive the storm drainage from the site. The project consists of four existing parcels (parcel #'s 0921049096, 0921049161, 0921049182 & 0921049183) which total approximately 6.77 acres. The four parcels are owned by three individual parties who currently live in existing homes on the site. These homes, the only existing residences found on the site, all front off of 28th A venue South. The project proposes dividing the four existing parcels into 28 new lots meeting the current RS-7.2 Single Family Residential zoning code, and five tracts. All lots will have a minimum size of at least 7200 square feet, and front off of a new internal loop road. The internal road will be built to the City of Federal Way's Section "W" local road standard, with a 52-foot right-of-way, and provide access for all 28 lots onto 28th Avenue South. The three existing homes will be removed and new wood framed single-family structures will be erected on all lots. 'All utility services to the new single family residences will be placed underground and be provided from the internal roads right-of- way. Besides the previously mentioned new internal loop road, the proposed project site infrastructure development includes half street frontage improvements to 28th A venue South. The city is planning 28th A venue South as a minor arterial with a Type "K" cross section. The minimum section width of a Type "K" cross section requires a 78-foot right-of-way. To meet the half street improvements, in addition to installing new curb, sidewalk, planter strip, etc., the project will dedicate an additional 9 feet of right-of-way to the city. The project will add off-site tapers to transition the wider half street "K" section back to the existing street section at both north and south end. The City of E~'i~,. l 3' ' 'PA - QFJ~ Federal Way also requires 10-foot wide Type III landscape buffers be created between developments and arterials. The project proposes providing tracts along the Military Road and 28th Avenue frontages for them. The site naturally slopes from the southwest comer to the northeast comer. There is an approximate drop of70 feet across the site, with an average slope of9.3%. There are a few small areas where the average slope exceeds 40%. The majority of these steep slope areas are not naturally occurring, but are the result of man made fills in the backyards of the existing homes. The areas around these existing homes are typically landscaped, with lawns and flower beds, and maintained by the home owners. Away from the landscaped yards, the site is mostly non-maintained native vegetation. The site is wooded with many large fir trees. Generally speaking, the further east you go the heavier and denser the underbrush becomes. The conceptual grading plan as depicted has 17,821 cubic yards of cut and 17,404 cubic yards of fill, after an initial stripping volume of 5,152 cubic yards has been removed. The project is therefore determined to be a Cut site, and must have material exported to an off site location. The final grading plan will attempt to provide an earthwork balance between the cut and fill amounts, and reuse portions of the existing topsoil in non- structural onsite fill locations to reduce the amount of material needed to be transported off the site. In light of maximizing the number of lots that can be created under the RS-7.2 Single Family Residential Zoning Code, most of the trees within the developed area will be removed to allow for placement of the structures. A Tree Inventory Plan has been created to identify the significant tree population, and the levels to which removal or retention will occur. In conjunction with the Tree Inventory Plan, the project has' obtained the services of a licensed landscape architect to prepare a Landscape Plan to meet the City of Federal Ways requirements in this matter. All efforts will be taken to save any other existing trees or landscape features within the project boundary area that do not directly affect construction of the proposed new residences. The 1998 King County Surface Water Design Manual (KCSWDM), with addendum, is the storm drainage regulatory manual adopted by the City of Federal Way. In accordance with the 1998 KCSWDM, Figure 1.1.2.A, Flow Chart for Determining Type of Drainage Review Required, was utilized to determine the type of drainage review that the project is subject to. That result determined the type of storm drainage review needed is a Full Drainage Review. Per Table 1.1.2.A of the KCSWDM, Requirements Applied Under Each Drainage Review Type, Full Drainage Review, Technical Information Reports, shall address Core Requirement #'s 1-8 and Special Requirement #'s 1-5. The project is located within a Levell flow control area that also requires Basic Water Quality treatment. A separate Detention/Wetpond tract will be created which will contain the proposed combined detention/water quality facility. Preliminary sizing data for the combined facility is included in this report. 4 EXHIBIT L PAGE-y:"OF JOn- 06066_ REV -PTIR.doc Onsite Basin The prominent hydrology feature of this project is that the site lies in two different drainage basins. The portion of 28th A venue South 'which fronts the project site is essentially the dividing line between the Lower Puget Sound Basin and the Mill Creek Basin. Currently flows from the roadside ditch on the eastern edge of 28th Avenue South, enter into a culvert at the northwest comer of the project site, where it gets conveyed eventually to Steel Lake. Steel Lake is in the Lower Puget Sound Drainage Basin and is part of the Central Puget Sound Watershed. Per a May 29, 2008 E-Mail from Kevin Peterson, City of Federal Way the Steel Lake Basin will not require any stormwater flow control due to the fact that the developed flows are much less than 0.1 'cfs. The basin area subject to vehicular traffic (PGIS) is below the 1998 KCSWDM threshold level of 5000sf and therefore water quality treatment has not been required. Because the topography of the site slopes northeasterly, away from 28th Avenue South, any storm water from the site which does not get into the roadside ditch will naturally flow northeast, away from Steel Lake. This is the majority of the storm water drainage from the site. The natural point of discharge for this storm water is along the northeast boundary line. This runoff will eventually make its way to Dolloff Lake. Dolloff Lake is part of the Mill Creek Drainage Basin and Duwamish-Green River Watershed. The project lies within the Duwamish-Green River King County Water Resource Inventory Area (WRIA) Code Number 9. According to the King County Districts and Development Conditions Report, there are no mapped hazards (Coal Mine, Erosion, Landslide or Seismic) at the site, and the site is not located in a Critical Aquifer Recharge Area. Wetland Inventory The 1990 King County Wetland Survey was accessed to determine the location and classification of potential wetlands in the vicinity of the project. No wetlands were found to be present on the site. There is an existing wetland east ofthe Interstate 5 right-of- way, associated with Dolloff Lake, that's approximately one-quarter of a mile from the site. There are no other mapped wetlands in the vicinity of the project. King County Soils Survey The King County Soils Survey Maps provided by the United States Department of Agriculture Soil Conservation Service were reviewed to determine the soil characteristics within the project basin with respect to the soils susceptibility to landslides and erosion and its capability for groundwater recharge and surface water runoff. Upon their review, the maps indicate the soils in the project area are Alderwood type soils. Typical Alderwood soils are moderately well drained, undulating to hilly soils that have dense, very slowly permeable glacial till at a depth of20 to 40 inches. 5 EXHIBIT L PAGE~OF ...lW... 06066_REV-PTIR.doc Jason Engineering & Consulting Business, Inc., a geotechnical engineering firm, has been retained to perform soil testing on the site. Their report titled Subsurface Exploration and Geotechnical Engineering Report, is dated June 20, 2007 (Appendix A.) The report classifies the western half of the project as Alderwood (AgB) soils and the eastern half of the project as Alderwood (AgC) soils. See the Geotechnical report for additional geotechnical information. Federal Emergency Management Agency (FEMA) FloodplainIFloodway Maps FEMA Floodplain/Floodway Maps were reviewed and there were no identified 100 year or 500 year floodplains on the project site. Core and Special Requirements Analvsis Core Requirement #1- Discharge at the Natural Location There are two natural discharge points for this site due to the fact that the site falls in two separate drainage basins. For the majority ofthe site, the northeast comer property boundary with the Military Road right-of-way is the natural discharge location. Topographically this is the lowest part of the project site. Storm water runoff would naturally sheet off the site to the northeast towards Military Road. The proposed combined detention and wetpond facility, which will be located in a separate tract in the northeast comer of the site, will discharge to this same location. This complies with the KCSWDM's requirement for discharging at the sites natural location. The discharge from the facility will either be daylighted to the grassy area along the Military Road right-of-way, or tightlined to the existing concrete culvert on adjacent WSDOT right-of- way which drains that area. Currently we are waiting to hear back from WSDOT as to their say in this matter. The remainder of the site, anything which is west of or drains into the eastern roadside ditch along 28th A venue South, discharges from the site via an existing 12 inch concrete culvert. The existing culvert, located in the ditch at the northwest comer of the site, conveys runoff to a catch basin, across 28th Avenue South and away from the site. The runoff will remain tightlined until discharged to Steel Lake. With the required street improvel]1ents, including an additional 9 feet of dedication, the runoff from the developed site essentially is split between the offsite flows going to one basin (Steel Lake), and the onsite flows going to another (Dolloff Lake). The project proposes collecting the offsite runoff in a catch basin at the northwest comer of the site, treating it with a catch basin type filter system, and conveying it to the same existing catch basin that the flow goes to now. In both cases, discharge from the site remains at or near the predeveloped location. Core Requirement #2 - Offsite Analysis A Level 1 downstream analysis was prepared for this project. The summary from this report indicates that the established downstream routes of both basins EXHIBiifs I, PAGE..l..::2..0F 1Dl1. 6 , 06066_REV-PTIR.doc of erosion or flooding. The analysis concludes that the increased net volumes of stonn water runoff generated by development of the project site would not adversely impact the downstream corridor or its adjacent properties, when the runoff is discharged in accordance with the KCSWDM. A full copy of the downstream analysis is included in this report. See Appendix B. Core Requirement #3 - Flow Control The written conclusions from the Pre-application meeting conducted at the City of Federal Way indicate that Levell flow control will be required for the plat of Steel Lake Crest. Also, that the designed facility is to meet the performance criteria outlined in the 1998 King County Surface Water Design Manual with the City of F ederal Way Addendum. Due to the nature of the project site, having the offsite area falling into one drainage basin and the onsite area lying in another, the conceptual storm drainage plan addresses the runoff within each drainage basin separately. For the projects onsite area (within the Mill Creek drainage basin) all of the storm water runoff will be collected and conveyed to an open pond facility located at the northeast corner of the site. The controlled discharge from the detention pond will be to the Military Road/Interstate 5 right-of-way, directly east of the proposed pond. This is the natural discharge location for the site. The state department of transportation (WSDOT) has been notified, and the final pond discharge design will depend upon what their permit allows. The preliminary detention volume calculations for the developed site, needed for sizing the pond, were determined by utilizing KCRTS hydrologic modeling software. KCRTS is the hydrologic modeling system employed by the 1998 KCSWDM, which is required to be used by the City of Federal Way. The total area of the onsite basin (after dedication) is 6.67 acres. The projects existing (predeveloped) onsite drainage basin land covering consists of 0.54 acres of impervious surface, 0.19 acres of till grass (lawn) and 5.94 acres of till forest. The projects proposed (developed) land coverings are 3.55 acres of impervious surfaces and 3.12 acres of till grass. Printouts from the KCR TS model showing the developed and predeveloped surface data inputs are found in Appendix G. Sheet B-1, found in Appendix F, depicts the on-site basin boundaries for both the predeveloped and developed conditions. Using the basin information, the program generated the peak annual flow rates for the 100, 50,25, 10, 5, 3, 2, 1.3, & 1.1 year storm events. Printouts of this data are also included in Appendix G. Matching the 2 and 10 year peak flow rates', required for Level 1 flow control, and assuming a live storage depth of 5 feet, the model calculated the storage volume needed for the pond to be 34,609 cubic feet. Also calculated were the orifice sizes and their placement height relative to the pond bottom. The sizing data as well as a pond routing chart and a flow frequency graph can be found in Appendix G. The storm water detention tract shown on the preliminary site plan provides ample area for the pond, as the initial design incorporated a pond volume of approximately 45,000 cubic feet. The project proposes that the offsite drainage, which currently discharges to Steel Lake (Lower Puget Sound drainage basin), will continue to discharge to this location. Required road improvements to 28th Ave S. would add an additional 2,800 square feet of 7 EXHIBIT I, PAGi_REpIR.~F .J.Q( impervious surface area to the basin due to street widening. This is well below the 1998 KCSWDM minimum 5,000 square foot threshold requiring flow control. However, when you add in the impervious surface area from the City of Federal Way's required 8 foot wide sidewalk, the total impervious area becomes 5,600 square feet. Portions of this sidewalk would essentially expand the area of the existing offsite basin, with the back-of- sidewalk becoming the boundary line between basins. Sheets B-2 and B-3, found in Appendix F show the basin for both the predeveloped and developed conditions. The project would then be required to provide flow control for the offsite developed basin because it is 600 square feet over the threshold limit. When considering the 6 foot wide planter strip between the sidewalk and curb, an argument can be made that some amount of runoff from the sidewalk will naturally infiltrate itself before reaching the gutter line. Effectively reducing runoff flows and some of the total impervious area associated with them. Because of this reasoning, and the limited space and topographic constraints of providing a facility in this area, the project will not be required to install any flow control for the off site basin per City of Federal Way E-mail May 29, 2008. Also the project proposes that the lake itself will act as a flow control device given the insignificant amount of additional runoff generated by the road improvements on 28th A venue South compared to the overall volume/surface area of the lake. The flows will produce a minute immeasurable stage increase for the lake on the order of less than 1/10,000 of a foot due in part to the large total acreage of Steel Lake. Steel Lake also has a free flowing outlet therefore the natural attenuation of the lake will dampen any potential affects from the small increase in impervious surface area due to the required road improvements. There should be no flooding or erosional affects as a result of accommodating this surface area change within the existing Steel Lake contributing basin. Core Requirement #4 - Conveyance System Four or six inch PVC roof drain pipe at a minimum of .5% slope is a standard building practice that would provide the proposed residential structures more than adequate conveyance of storm water from their downspouts to the proposed storm drainage system. A portion of that system (that serving lots 1-6) will discharge directly to the proposed detention/wet pond. The remainder of which will flow into the drainage collection system located along the internal "Road A". This system is comprised of a series of Type 1 catch basins tied together with 12 inch diameter storm drainage conveyance pipe. The system is designed to drain to a Type 2 catch basin located at a low point between Lots 6 and 28. From here, the collected flow is conveyed via a 12 inch diameter pipe into the detention/wet pond. At minimum slope (0.5%), 12 inch diameter concrete culvert has a maximum flow rate of2.53 cfs. The 12 inch diameter LCPE pipe proposed for use on this project would have an even higher maximum flow rate do to its smoother internal lining. The maximum flow rate calculated by KCRTS for a 25 year storm event over the developed basin is 1.3 7 cfs. Therefore, the proposed 12 inch diameter conveyance pipe will be more than sufficient to handle the required design flows. 8 EXHIBIT " PAGE~OF -'DD- 06066_REV-PTlR.doc A storm drainage line will also be installed as part of the required 28th Avenue South street improvements. A 12 inch diameter LCPE storm drainage pipe will connect the existing ditch along 28th A venue at the south property line, with a series of Type 1 catch basins located in the gutter line of the new concrete vertical curb. The north end of the 12 inch diameter LCPE drainage line will connect to an existing 12 inch concrete culvert that conveys the flow northwest under 28th Avenue to an existing catch basin. From here, runoff is conveyed via the existing tightlined storm water system till it is discharged into Steel Lake. Once again a 12 inch diameter pipe is more than sufficient to handle the required design flows. Core Requirement #5 - Erosion & Sediment Control The project engineering documents include a Temporary Erosion and Sedimentation Control Plan, Sheet C-2. The plans call for the installation of a silt fence, catch basin sediment protection, a rock construction entrance, a sediment pond and hydro-seeding protection for the disturbed areas of the project. The ESC facilities within the plan are to be designed and operated in accordance with Appendix D of the KCSWDM. The plan also shows the proposed limits of construction, corresponding to the limits of the potential surface disturbance for the project, and provides a Construction Sequence which conforms to the KCSWDM. The project area also exceeds the minimum threshold for requiring a NPDES permit from the Washington State Department of Ecology. A copy of the TESC plan will be served with the application for the permit prior to construction. No additional measures, with regard to the NPDES permit, are proposed at this time. Core Requirement #6 - Maintenance and Operations All storm water facilities must be maintained and operated per King County standards. A listing of the applicable standards is included in this report. See Appendix C. Core Requirement #7 - Financial Guarantees and Liability The City of Federal Way requires financial guarantees for the installation, proper 0 operation, and maintenance of all drainage facilities proposed by this project. Once final engineering plans are approved, the city will provide the terms for an Agreemenr & Performance/Maintenance Bond, which the project must secure prior to the beginning of construction. A copy of the city's information sheet with regard to this bond is included in Appendix D. Pursuant to this agreement, the owners of Steel Lake Crest will maintain the drainage facilities per King County standards (see Appendix C) for the required two year period. Core Requirement #8 - Water Quality Per the Preapplication Conference Summary Letter, the project is within a Basic Water Quality Treatment area that is consistent with the KCSWDM. Again the project, which falls within two drainage basins, proposes to address this issue for each basin separately. Appendix F contains maps of two developed basins. For the majority of the storm water, EXH"'tT l- PAGiEV- o doc OF J(I) 9 that which drains from the onsite area, the project proposes treatment via a wetpool utilizing particle settlement. The water quality is to be accomplished in a combined (detention/water quality) facility located in a separate tract. The sizing (volume) calculations for the detention portion (live ,storage) of the facility has already been given under Core Requirement #3 of this report. Sizing (volume) of the water quality portion (dead storage) is as follows: The preliminary water quality volume for the wetpool is calculated using the equation given in Section 6.4.1.1 of the KCSWDM. Wetpool Volume = V = f [(0.9Ai + 0.25Atg + O.1Atf + O.1Ao) x R] Where v = wetpool volume in cubic feet f = volume factor, given as 3 for basic wetpool Ai = area of impervious surface in square feet Atg = area of till soil covered with grass in square feet Atf = area of till soil covered with forest in square feet Ao = area of outwash soil in square feet R = rainfall from mean annual storm event in feet, obtained from Figure 6.4.1.A of the KCSWDM. For the project location a value of 0.039 feet is used. Therefore v = 3 [{ (0.9)(154,532) + (0.25)(133,729)} 0.039] V = 20,184 cubic feet The wetpool, dead storage, will be placed under the detention, live storage, volume of the pond and be a minimum of 4 feet deep. For the offsite basin, the required road improvements will not produce sufficient new pollution generating impervious surface PGIS area to exceed the threshold minimum of 5,000 square feet of new (PGIS). The street widening of 28th A venue S0Uth, the only PGIS created by the project within the offsite developed basin, will amount to approximately 2,800 square feet. The basin therefore is exempt from water quality treatment per the KCSWDM and per the City of Federal Way May 29th, 2008 no water quality treatment will be required. Special Requirement #1 - Other Adopted Requirements We have conducted research and found that the project does not appear to lie within a Critical Drainage Area (CDA), Master Drainage Plan (MDP), Basin Plan (BP), Lake Management Plan (LMP), or Shared Facility Drainage Plan (SFDP). Therefore the project will comply with the requirements of the KCSWDM. EXHIBIT ~ PAGE 1'0 OF J.rti. >. 10 06066_REV-PTIR.doc Special Requirement #2 - Floodplain/Floodway Delineation The project does not lie within either a 100 year or 500 year floodplain or a floodway per King County I-Map Sensitive Area Ordinance (SAO) maps. Special Requirement #3 - Flood Protection Facilities The project is not protected by levees, revetments, or berms (flood protection facilities) and therefore there are no special design criteria for flood protection for our proposed project. Special Requirement #4 - Source Controls The project is a single-family residential development. Per the KCSWDM it is exempt from source control since the developed use is not qualifying (ie commercial, industrial or multi-family). Therefore, there are not any source control requirements mandated upon the project. Special Requirement #5 - Oil Control This project is a new single-family residential development that does not create any high- use sites. The vehicular turnover rate per building area is below the threshold limit and therefore the project is exempt. Summary In summary, the project proposes to install an open, above ground combined detention and water quality pond to address the Level I Flow Control and Basic Water Quality requirements for the onsite runoff mandated by the City of Federal Way. The pond will be located in a separate tract, located on the northeast comer of the project site. The pond will be designed with the appropriate water quality dead storage to provide Basic Treatment, and sufficient live storage to provide enough volume to allow the discharge to meet Level I flow control. Because the site falls within two s' i-'arate drainage basins, there are two separate discharges from the site, and both must be addressed. We found that the downstreams from each of the projects drainage basins appears to have sufficient ability to convey the larger volumes associated with the designed storm events. The proposed project will provide flow control and therefore not increase the discharge rate to the existing downstream conveyance system. The 1998 King County Surface Water Design Manual, plus addendum, is the City of Federal Way's adopted storm water drainage manual. The project meets the criteria of this manual requiring a Full Drainage Review. The project will be designed with respect to and in accordance with this review and all requirements of the 1998 KCSWDM. EXHIBIT L PAGE-U-OF 1.fil II 06066_REV-PTIR.doc APPENDICES Subsurface Exploration and Geotechnical Engineering Report Preliminary Level One Downstream Drainage Facilities Maintenance Standards Information Sheet Vicinity Map Basin Map Flow Control & Water Quality Calculations Appendix-A Appendix-B Appendix-C Appendix-D Appendix-E Appendix-F Appendix-G EXHIBIT I., PAGE-b-OF ll1l. APPENDIX A SUBSURFACE EXPLORATION AND GEOTECHNICAL ENGINEERING REPORT EXHIBIT L PAGE1!-OF .l.tb- June 20, 2007 SUBSURFACE EXPLORATION AND GEOTECHNICAL ENGINEERING REPORT Steel Lake Crest 30642 28th Ave South Federal Way W A Parcels# 0921049182,0921049096 0921049183,0921049161 Prepared for Linda Elder 30642 28th Ave South Federal Way W A 98003 EXHIBIT L PAGE.J!LOF 100 J5j Jason Engineering & Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management/Inspection Pavement Design &: Analysis Date: 6-20-2007 ~ Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Mrs. Linda Elder 30642 28th Ave South Federal Way W A Attn: Mrs. Linda Elder: Re: Subsurface Exploration/Geotechnical Engineering Report, Parcell's: 0921049182, 0921049096, 0921049183 &: 0921049161 At your request, we have conducted a soils exploration and foundation evaluation for the above mentioned project The results of this investigation, and our recommendations, are to be found in the following report We have provided three copies for your review and distribution. During our exploration, nine test pits were advanced and soil samples submitted for laboratory testing from the project site. The data has been carefully analyzed to determine soils bearing capacities and footing embedment depths. The results of the exploration and analysis indicate that conventional spread and continuous wall footings appear to be the most suitable type of foundation for the support of the proposed structures. Some variability was encountered in comparing the soil profiles of the site. The onsite slopes appear to be manmade in parts and should be observed by a geotechnical engineer prior to concrete placement for foundation. Net allowable soil pressures, embedment depth, soil parameters, and total expected settlements have been presented for the site, later in the report. Often, because of design and construction details that occur on a project, questions arise concerning soil conditions. We would be pleased to continue our role as geotechnical engineers during the project We appreciate this opportunity to be of service to you and we look forward to working with you in the future. H you have any questions concerning this report, the procedures used, or if we can be of any further assistance please call us at (206) '786-8M5. r" Ja-sonE.t.'ff:tl P~E. President i, EXPIRES 09i03:2007 PO Box 181 Auburn W A. 98071 Page 2 of 23 Phone: (206) 786-8645 Fax: (253) 833-7316 Email: Jason@jasonengineXH B IT ~ PAGE.lS.....Of JaL J5j' ;:"',,'/,' ,,' I Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Table of Contents 3 4 4 4 4 5 5 5 5 6 6 6 6 6 7 8 9 9 9 10 10 11 11 12 12 12 12 13 14 14 14 14 14 15 20 21 21 21 22 23 Table of Contents Investigation Information Introduction: Scope: General: Site Exploration Procedures General Notes: Drilling & Sampling Procedures: Laboratory Testing Program: Site Information Project Description Climate of Area: Geology of Area: (AgB) Alderwood Gravelly sandy loam Description of Foundation Materials: Geoseismic Setting: Liquefaction Potential: Foundation Discussion & Recommendations General Notes: Foundation Design Recommendations: Lateral Earth Pressures: Structural Fill: Slope Impact Analysis: Groundwater Control: Construction Consitkrations Earthwork: Excavations: Floor Slab-On-Grade: Erosion Control (typical of most sites) Pavement Design Recommendations Existing Subgrade: Crushed Surfacing: Asphalt Concrete Pavement: Conclusion Appendix I: Test Pit Logs Appendix II: Additional Site Photos Appendix III: Figures Vicinity Map SCS Soil Survey Information Site Plan Appendix IV: Pavement Design PO Box 181 Auburn WA. 98071 Page 3 of 23 Phone: (206) 786-8645 Fax: (253) 833-7316 Emai1: Jason@jasonenginEXH1 IT L PAGE"&-OFtaL J5j Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Investigation Information Introduction: This report presents the results of a soils exploration and foundation analysis for the proposed new construction located at 30642 28th Ave South in Federal Way. The subsurface exploration and analysis determines the various soil profile components, the engineering characteristics of the foundation materials and provides criteria for the design engineers and architects to prepare or verify the suitability of the foundation design. This report was requested by Linda Elder. Written authorization to perform this exploration and analysis was provided by Linda Elder Scope: The scope of this geotechnical report and analysis included; a review of geological maps of the area, review of geologic and related literature, a reconnaissance of the immediate site, subsurface exploration, field and laboratory testing, and an engineering analysis and evaluation of the foundation materials to provide allowable bearing capacity, estimates of settlement, subgrade modulus, lateral earth pressure design values, geotechnical recommendations for site grading including site preparation, subgrade preparation, fill placement criteria, suitability of on-site soils as structural fill, drainage and erosion control measures, as well as an evaluation of landslide and erosion hazards at the site per the King County Critical Areas regulations. We were not requested to provide an Environmental Site Assessment for this property. Any comments concernirig onsite conditions and/ or observations, including soil appearances and odors, are provided as general information. Information in this report is not intended to describe, quantify or evaluate any environmental concern or situation. General: The exploration and analysis of the foundation conditions reported herein are considered sufficient in detail and scope to form a reasonable basis for the foundation design. Any revision in the plans for the proposed structure from those enumerated in this, report should be brought to the attention of the soils engineer so that he may determine if changes in the foundation recommendations are required. H deviations from the noted subsurface conditions are encountered during construction, they should also be brought to the attention of the soils engineer. The soils engineer warrants that the findings, recommendations, specifications, or professional advice contained herein, have been promulgated after being prepared according to generally accepted professional engineering practice in the fields of foundation engineering, soil mechanics and engineering geology. No other warranties are implied or expressed. This investigative report has been prepared for the exclusive use of Linda Elder and retained design consultants thereof. Findings and recommendations within this report are for specific application to the proposed project All recommendations are in accordance with generally accepted soils and foundation engineering practices. PO Box 181 Auburn WA. 98071 Page 4 of 23 Pho"", (206) 781H164S P= (253) 833-7316 Emalli J..on@i..onen~;H BIT L. PAGE-O-OF 1liL J5j, ',,',',',' , ,/ I Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Site Exploration Procedures General Notes: The field exploration to determine the engineering characteristics of the foundation materials included a reconnaissance of the project site, excavating the test pits, performing field penetrometer and vane shear tests and recovering disturbed grab samples. A total of nine test pits were placed on the site. Test pits were advanced to 10 feet below the existing ground surface. Test pits were located by the field crew near as possible to the proposed building location. Schweikl and Associates supplied a site plan to locate the proposed building orientation and position the excavations. The test pits were located by the field technician by means of normal taping and pacing procedures and are presumed to be accurate to within a few feet. After completion, the pits were backfilled with excavated soils and the site cleaned and leveled as required. The types of foundation materials encountered in the test pits have been visually classified and described in detail on the logs provided in the Appendix. The results of the field penetrometer and vane shear tests, moisture contents and other laboratory tests are presented on the logs. It is recommended that the logs not to be used for estimating quantities due to highly interpretive results. Drilling & Sampling Procedures: The test pits were performed with a conventional track excavator. Representative samples were obtained from the pits at various soil intervals. The samples obtained by this procedure were classified in the field by a soils technician, identified according to pit number and depth, placed i,n plastic bags to protect against moisture loss and transported to the laboratory for additional testing. Laboratory Testing Program: Along with the field investigation, a supplemental laboratory testing program was conducted to determine additional pertinent engineering characteristics of theJoundation materials necessary in analyzing the behavior of the proposed building structure. The laboratory testing program included supplementary visual classification and water content determinations on all samples. In addition, selected samples were subjected to Moisture Content Analysis - D4959, and Grain Size Analysis - ASlM designation C-1l7, C-136. All phases of the laboratory testing program were conducted according to applicable ASlM Specifications and the results of these tests are to be found on the accompanying logs located in the Appendix. PO Box 181 Auburn W A. 98071 Page 5 of 23 Phone (206) 7ll6-8645 Fax: (253) 8.'l3-7316 E"",", J ..on@jasonenginee<EXH BIT L PAGEJ.!-OF .l/lL J5j ':,',',', , .' , I Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Site Information Project Description The purpose of this section is to enumerate details of the proposed structure. The following information was provided by the project engineer. The buildings will be a wood framed, single family residence structures. Daylight basements may be required in sloped areas. Conventional spread footings and slab-on-grade floors are contemplated. Differential settlements are limited to 3/4 inch. A pavement section has not been requested but has been provided within this report The site of the proposed building addition upon which this soils exploration has been made is located at 30642 28th Ave South in Federal Way. The site topography consists of a slope on the West side of the lots that drops toward the east The total vertical elevation difference is approximately 55 feet over the entire site. The slopes are located in the middle of the site and runs from NW to SE comers. The site drainage consists of surface runoff an4 natural seepage. The site vegetation is mostly deciduous trees with a few evergreens located on the east side of the lot. Blackberry bushes, neddles, vine maples and Cedar trees are also present Prior grading has occurred on the east side of the lot near the existing houses. Climate of Area: The climate of the site and surrounding area as taken from the USDA Soil Conservation Service Survey consists of annual precipitation of 35 to 60 inches, most of which is rainfall, between October and May. The mean annual temperature is about 50 degrees F. The frost free season is 150 to 200 days. Geology of Area: (AgB) Alderwood Gravelly sandy loam The geology of the western portion of the site as taken from the USDA Soil Conservation Service Survey consists of Alderwood gravelly sandy loam (AgB). Typical Alderwood soils are moderately well drained, undulating to hilly soils that have dense, very slowly permeable glacial till at a depth of 20 to 40 inches; on uplands and terraces formed under conifers in glacial deposits. This soil is nearly level and undulating, and moderately well drained. Water moves across the substratum in winter. These soils have a slowly permeable glacial till or glacial lake deposits at a depth of 16 to 40 inches and somewhat excessively drained, rolling, deep sandy soils on uplands and terraces. The horizon 0 to 6 inches in depth is usually dark brown. The soil horizon from 6 to 12 inches is dark brown, grayish brown and dark yellowish brown. The horizon 12 to 40 inches is consolidated and mostly grayish brown mottled with yellowish brown. Some layers in this horizon slake in water. There is a consolidated substratum of till at a depth of 24 to 40 inches. Soils above the substratum are pervious when compacted. The surface layer is 2 to 3 inches thickf'.l than the nearby soils to the south. Areas are irregular in shape and slopes range from 0 to 6 percent. Runoff 15 slow and the erosion hazard is slight The geology of the eastern portion of the site consists of Alderwood gravelly sandy loam (AgC). Typical Alderwood soils are moderately well drained, undulating to hilly soils that have dense, very slowly permeable glacial till at a depth of 20 to 40 inches; on uplands and terraces formed under conifers in glacial deposits. Soil profiles are similar in type except permeability is moderately rapid in the surface layer and subsoil. However, it is very slow within the cemented layer and dense glacial till. A perched water table is as high as 18 to 36 inches at times from January through March. Runoff is slow to medium and erosion hazard is moderate. Description of Foundation Materials: The soil profiles encountered were relatively consistent among most of the pits. It is to be noted that, whereas the test pits were placed and sampled by an experienced technician, it is sometimes difficult to record changes in stratification within narrow limits. In the absence of foreign substances, it is also difficult to distinguish between PO Box 181 Auburn W A. 98071 Page 6 of 23 Phone: (206) 786-8645 Fax: (253) 833-7316 Emai1:Jason@jasonenginEXH BIT . l, PAGE.1!-OF ..//iL J5j"" '" Jason , "'''', Engineering &: Consulting , I Business, Inc. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 discolored soils and clean soil fills. It is recommended that the logs not to be used for estimating quantities due to highly interpretive results. The surface of the proposed construction site is covered with 6 to 12 inches of topsoil that should be removed prior to the start of any construction due to the high compressibility of these soils. Silty sand with gravel was encountered beneath the existing topsoil and extended to depths beyond the scope of this investigation. Lines of demarcation represent the approximate boundary between the soil types, but the transition may be gradual. The top few feet consisted of a brown, silty sand with gravel, medium dense to dense. Below this was a gray to gray- brown gravel with sand and silt This layer was dense to very dense. The layers were fairly consistent with the depths varying between sample pits. In the area of sample pit #6, there was miscellaneous debris, fill, used tires and wood. No trash debris was found in the other sample pits. The total area and quantity of trash found in this area is uncertain and should be carefully observed during excavation to ensure all trash is removed. Geoseismic Setting: Foundation soils on this site are designated a Site Class C, from Table 1615.1.1 per the 2003 International Building Code (IB.C.). All building structures on this project should be designed per the Code Requirements for such a seismic classification. These types of soils have a shear wave velocity in the range of 1,200 to 2,500 ft/ see. The undrained shear strength is typically greater than 2000 psf with blow counts greater than 50 blows per fool The following may be used for the seismic coefficients. EXPLA~ATI()~ ~,,' - D D D D D D [J Sile class F Require" cjte~;;ped tk in\teuigallOft Site class E Sile class 0 (0 E 1!' ~ "" c " 2 "" '~ c ~ ~ Co ~ "" e ~ .E Site cla.s D Site cla.~s (' to 0 Sile cla.~s (' Site class B to C Sile class B S 288TH ST ,. WJ > <r. ;r. 3 - ..... JE- t/) ).. S 320TH j :7 ( PO Box 181 Auburn W A. 98071 Page 7 of 23 Phone: (206) 786-8645 Fax: (253) 833-7316 Emai1: Jason@jasonengineer.com EXHI IT L PAGE~OF JtJD.. ~,~:'':'''''''""" , ;, / I Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management/Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Design Response SpecInIm C 11 f J i~ III: i 120.00 \ \ ~ -- --- - 100.00 80,00 60,00 40,00 20.00 0.00 0,00 0.60 0,80 PerIod, T 0.20 0,40 1,00 1,20 1.40 Perio~ T Sds Sa Sms 0 0.00 40.0 To 0.05 100.0 100 150 Ts 0.26 100.0 100 150 1 1.00 26.0 2 2.00 13.0 . Sds and Sms values given at max acceleration Sm1 = 39, Sdl = 26 . Liquefaction Potential: Liquefaction is when saturated, cohesionless soils are temporarily turned in to a liquid state usually from a seismic event If ground motion lasts for extended amounts of time, the grain to grain contact shifts and the grain structure can collapse. H the water within the soil cannot flow easily between the grain and out of a collapsing area, the water pressure increases. When pore pressures build up within the soil and exceed the effective contact pressure of the soil, the water can push the soil particles apart When the particles lose contact with each other, the soil mass can behave like a liquid. H pore pressures are great enough, water may discharge out of the ground like a geyser leaving characteristic signs, such as sand boils. Liquefaction is generally related to; soil characteristics, water table depths and the degree of seismic activity. The results are lower bearing capacities, increased settlement issues, landslides, and lateral spreading to name a fe:w things. Liquefaction potential for this site is provided within the boundaries of the site. Seismic events which affect land masses on a greater scale are beyond the scope of this report. In our review we found no evidence of liquefaction of the soils in the immediate area from the 1949, 1965 and 200l earthquakes. The site is located within the category ill region of the Poverty Bay Auburn quadrangle liquefaction susceptibility map (GM-43) which has a VERY LOW susceptibility rating for liquefaction. It includes all other Pleistocene glacial and non-glacial deposits and the Osceola Mudflow. Additional information on the site has been reviewed on Liquefaction Susceptibility Map provided by the Department of Natural Resources which rates the site as having a VERY LOW susceptibility to liquefaction. EXPLANATION ~ liI:3 D D D D D [] Liqucraclion susceptibility: 11IGB Liquelilction suse."tibility: 'wtODERATE to mCiI" Liquefaction suse."tibility: MODERATE Liquel;.ction susceptibility: l.OW 10 MOOERATE Liquefaction susc."tibility: LOW Liquefaction susc."tibility: VERY LOW to LOW Liquefaction susceptibility: VERY LOW PO Box 181 Auburn WA. 98071 Page 8 of23 Phone: (206) 786-8645 Fax: (253) 833-7316 Emai1: Jason@jasonenginE'xiu IT L PAGE-1LOF ..I.al. J5j ':"',,,' ;, I Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management/Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Foundation Discussion & Recommendations General Notes: Various foundation types have been considered for the support of the proposed building structure. Two requirements must be fulfilled in the design of foundations. First, the load must be less than the ultimate bearing capacity of the foundation soils to maintain stability; and secondly, the differential settlement must not exceed an amount that will produce adverse behavior of the superstructure. The allowable settlement is usually exceeded before bearing capacity considerations become important; thus, the allowable bearing pressure is normally controlled by settlement considerations. Considering the subsurface conditions and the proposed construction, it is recommended that the structure be founded upon conventional spread and continuous wall footing foundations. Settlements should not exceed tolerable limits if the following design and construction recommendations are observed. Foundation Design Recommendations: On the basis of the data obtained from the site and the test results from the various laboratory tests performed, we recommend that the following guidelines be used for the net allowable soils bearing capacity. Ground Surface 18.0 inch min. required for freeze-thaw I Footing Depth: 18 inches g / Bearing Capacity: 2,000 PSF If' All footings are to be excavated to and placed on native undisturbed soils (gray gravel with sand and silt) or compacted structural fill. Footings are required to be a minimum of 18 inches below grade for freeze thaw purposes. After excavation, compact any loose surface soils with a jumping jack compactor. These soils shall be confirmed for bearing capacity and verified by the soils engineer after excavation. It- After excavation, compact the surface with a jumping jack compactor. Confirm compaction of the native soils and that all soft spots have been removed and replaced with suitable fill material and compacted to least 95% of the maximum dry density as determined by ASTM 0-1557. "" Continuous wall footings should be a minimum of 18 inches in width and any slab for the proposed building should be suitably reinforced and connected to the footings so as to limit the effects of differential settlement and to provide some degree of uniform settlement ability for the building should the site undergo liquefaction during a major seismic event PO Box 181 Auburn W A. 98071 Page 9 of 23 Phone (20617ll6-864S F"", (2531833-7316 Emall, J..on"i..onen&lEXHI IT ~ PAGE 1,4lJ., OF ~ ~"f3J' ':",,",' , Oo' I Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 ~ Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 ~ In the area of sample pit #6, there was miscellaneous debris, fill, used tires and wood. No trash debris was found in the other sample pits. The total area and quantity of trash found in this area is uncertain. Footing excavation should be carefully observed during excavation on the sloped area to ensure all trash is removed and the native soils are found /f# The use of on-site soils as structural fill is acceptable. If these soils are to be used for structural fill, laboratory samples will need to be taken for grain size analysis and moisture-density relationships. Structural fill shall be compacted to at least 95" of maximum density per ASlM D1557 in footing areas. The footings should be proportioned to meet the stated bearing capacity and/or the International Building Code 2003 minimum requirements. Total settlement should be limited to 1 inch total with differential settlement of 3/4 inch. Any excessively loose or soft spots or areas that do not meet the compaction requirements that are encountered in the footing subgrade will require over-excavation and backfilling with at least 1 foot of structural fill In order to minimize the effects of any slight differential movement that may occur due to variations in the characters of the supporting soils and any variations in seasonal moisture contents, it is recommended that all continuous footings be suitably reinforced to make them as rigid as possible. It is recommended that the services of our firm be engaged to test and evaluate the soil conditions during the construction phase of the project The design values and recommendations made herein are valid only insomuch as they are followed during the construction phase. Additionally, monitoring and testing during the construction phase needs be performed to verify the subgrade conditions and that suitable materials are used and that they are properly placed and compacted. Lateral Earth Pressures: Lateral earth pressures are dependent upon the backfill materials and their configuration and moisture content. Three inch minus sand and gravel mixtures that are free draining are recommended for backfilling walls greater than four feet tall Below grade retaining walls or walls designed for retaining earthen fills on this project may use the following values for design. Values were obtained based on a unit weight of 130 pcf, and a phi angle of 34 degrees. Earth Pressure Coefficients Active, K..: 0.283 At Rest, Ko: 0.441 Passive, Kp: 3.537 Earth Pressure Active: 37 At Rest 57 Passive: 460 Coefficient of Friction: 0.35 Ibs./ fL3 lbs. / ft3 Ibs. / fL3 Structural Fill: Structural fill should consist of a 3 inch minus select, clean, granular soil with no more than 5% fines (-#200). Suitable structural fill should consist of material that meets one of the following specifications, WSDOT Section 9- 03.10 Aggregate for Gravel Base, WSDOT Section 9-00.14(1) Gravel Borrow, WSDOT Section 9-03.14(2) Select Borrow, WSDOT Section 9-03.9(3) Crushed Surfacing (Base Course Specs), WSDOf Section 9-03.9(3) Crushed Surfacing (Top Course Specs), APW A Oass A Pit Run, or APW A class B Pit Run. Material that does not meet one of the specifications should be submitted with sieve analysis results for approval prior to placement. The fill should be placed in lifts not to exceed 12 inches in loose thickness. Each layer of structural fill should be compacted to a minimum density of 95" of the maximum dry density as determined by ASlM designation 0-1557. For structural fill below footings, the area of the compacted backfill must extend outside the perimeter of the foundation for a distance at least equal to the thickness of the fill between the bottom of the foundation and the PO Box 181 Auburn WA. 98071 Page 10 of 23 Phone: (206) 786-8645 Fax: (253) 833-7316 Emai1: Jason@jasonengineer.com , EXH BIT L.. PAGE~5~ J5j""" Jason '>; Engineering&: Consulting " I Business, Inc. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 underlying soils. H it is elected to utilize a compacted backfill for the support of foundations, the subgrade preparation and the placing of the backfill should be monitored continuously by a qualified engineer or his representative so that the work is performed according to these recommendations. Slope Impact Analysis: Sample pits placed near the sloped portion of the site appear to less dense in the upper layers those observed at lower areas farther to the east of the site. It is likely the existing slope was modified, especially in the area of test pits #6 and #7 where debris was found. Footing excavation should be carefully observed during excavation on the sloped area to ensure all trash is removed and the native soils are found. Re-grading of the slopes will be necessary to reach native competent soils for a solid foundation. Excavation into the slope may increase the steepness of the existing slope and require houses in this area to be of a daylight basement structure. We do not anticipate that the proposed residential structure and construction of the project will have any off-site impacts. On-site care should be taken during construction to make sure that runoff caused by wet weather is directed away from all open excavations. The site is stable enough to support the proposed residential construction within the recommendations made herein. There were no signsof previous slope instability or failures. Groundwater Control: Groundwater was not encountered when the field exploration was conducted. A seep was noted only in sample pit #1. Groundwater is not expected to cause difficulties during construction of this project It is recommended that runoff caused by wet weather be directed away from all open excavations. The on-site silty soils can be expected to become soft and pump if subjected to excessive traffic after becoming wet during periods of bad weather. This can be avoided by constructing temporary or permanent driveway sections should wet weather be forecast. The on-site drainage (roof drains & catch basins for pavement areas) should be collected and directed away from the property. This can be accomplished by tight-lining the drainage to the approved storm drainage system. Retaining walls should contain at least 12 inches of free draining material behind the wall as well as a 6 inch perforated drainpipe at the bottom of the wall to alleviate any pressure buildup. Connect the drainpipe to the on site storm drainage system. PO Box 181 Auburn W A. 98071 Page 11 of 23 Phone: (206) 786-8645 Fax: (253) 833-7316 EmaiI: Jason@jasonenginiXH BIT L PAGE..2S..0F~ J5j Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 ~ Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Construction Considerations Earthwork: Excessively organic top soils generally undergo high volume changes when subjected to loads. This is detrimental to the behavior of pavements, floor slabs, structural fills and foundations placed upon them. It is recommended that excessively organic top soils be stripped from these areas to depths of 6-12 inches and wasted or stockpiled for later use. Exact depths of stripping should be adjusted in the field to assure that the entire root zone is removed. It is recommended that the final exposed subgrade be inspected by a representative of the soils engineer. This inspection should verify that all organic material has been removed. Any soft spots or deflecting areas should be removed to sound bearing and replaced with structural fill. Once the existing soils are excavated to the design grade, proper control of the subgrade conditions (ie., moisture content) and the placement &: compaction of new fill (if required) should be maintained by a representative of the soils engineer. The recommendations for structural fill presented within this report, can be utilized to minimize the volume changes and differential settlements that are detrimental to the behavior of footings, and floor slabs. Enough density tests should be taken to monitor proper compaction. For structural fill beneath building structures one in-place density test per lift for every 1,000 ft2 is recommended. In parking and driveway areas this can be increased to two tests per lift for every 1,000 ft2. Excavation equipment may disturb the bearing soils and loose pockets can occur at bearing levels that were not disclosed by the test pits. For this reason, it is recommended that the bottoms of the excavations be compacted in- place by vibratory compactors. The upper 12 inches should be recompacted to achieve an in-place density of not less than 95' of the maximum dry density as determined by ASlM 0-1557. Excavations: Shallow excavations required for construction of foundations that do not exceed four feet in depth may be constructed with side slopes approaching vertical Below this depth it is recommended that slopes not exceed one vertical to one horizontal. For deep excavations, the soils present cannot be expected to remain in position. These materials can be expected to fail, and collapse into any excavation thereby undermining the upper soils materials. This is especially true when working at depths near the water table. Proper care must be taken to protect personnel and equipment Care must be taken so that all excavations made for the foundations are properly backfilled with suitable material compacted according to the procedures outlined in this report Before the backfill is placed, all water and loose debris should be removed from these excavations. This information is provided for planning purposes. It is our opinion that maintaining safe working conditions is the responsibility of the contractor. Jobsite conditions such as soil moisture content, weather condition, earth movements and equipment type and operation can all affect slope stability. All excavations should be sloped or braced as required by applicable local, state and federal requirements. Floor Slab-On-Grade: Before the placing of concrete floors or pavements on the site, or before any floor supporting fill is placed, the organic, loose or obviously compressive materials must be removed. The subgrade should then be verified by the geotechnical engineer or his representative that all soft or deflecting areas have been removed. Areas of excessive yielding should be excavated and backfilled with structural fill. PO Box 181 Auburn WA. 98071 Page 12of23 Phone: (206) 786-8645 Fax: (253) 833-7316 Email: Jason@jasonengiIl:1CFlI IT L,. PAGE~OF ldL J5j"" , Jason '>/, Engineering&: Consulting · ... , Basines.,1n<. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Any additional fill used to increase the elevation of the floor slab should meet the requirement for structural fill Structural fill should be placed in layers of not more than 12 inches in thickness, at moisture contents at or above optimum, and compacted to a minimum density of 95% of the maximum dry density as determined by ASlM designation 0-1557. A granular mat should be provided below the floor slabs. This should be a minimum of four inches in thickness and properly compacted. The mat should consist of sand or a sand and gravel mixture with non-plastic fines. All material should pass a 3f4 inch sieve and contain less than 10'-' passing the #200 sieve. Groundwater can be expected at shallower depths during the winter months. A moisture barrier, such as visqueen or plastic sheeting, may be placed beneath all floor slabs that are within a foot of the water table~ as determined during excavation. Erosion Control (typical of most sites) 1. The implementation of these FSC plans and the construction, maintenance, replacement, and upgrading of these FSC facilities is the responsibility of the owner j'FSC supervisor until all construction is approved. 2. The boundaries of the clearing should be clearly flagged by a continuous length of survey tape (or fencing, if required) prior to construction. During the construction period, no disturbance beyond the clearing limits shall be permitted. The clearing limits shall be maintained by the owner /FSC supervisor for the duration of construction. 3. The FSC facilities are to ensure that the transport of sediment to surface waters, drainage systems, and adjacent properties is minimized. 4. The FSC facilities shown on this plan are the minimum requirements for anticipated site conditions. During the construction period, these FSC facilities shall be upgraded as needed for unexpected storm events and modified to account for changing site conditions (e.g., additional sump pumps, relocation of ditches and silt fences, etc.). . 5. The FSC facilities shall be inspected daily by the owner/ESe supervisor and maintained to ensure continued proper functioning. 6. Any areas of exposed soils, including roadway embankments, that will not be disturbed for two days during the wet season or seven days during the dry season shall be immediately stabilized with the approved FSC methods (e.g., seeding, mulching, plastic covering, etc.). 7. The FSC facilities on inactive sites shall be inspected and maintained a minimum of once a month or within forty-eight (48) hours following a storm event 8. At no time shall more than one (1) foot of sediment be allowed to accumulate within a catch basin. All catch basins and conveyance lines shall be cleaned prior to paving. The cleaning operation shall not flush sediment-laden water into the downstream system. 9. Stabilized construction entrances and roads shall be installed at the beginning of construction and maintained for the duration of the project Additional measures, such as wash pads, may be required to ensure that all paved areas are kept clean for the duration of the project 10. Any permanent flow control facility used as a temporary settling basin shall be modified with the necessary erosion control measures and shall provide adequate storage capacity. H the facility is to function ultimately as an infiltration system, the temporary facility must be graded so that the bottom and sides are at least three feet above the final grade of the permanent facility. 11. Where straw mulch for temporary erosion control is required, it shall be applied at a minimum thickness of 2 to 3 inches. 12 Prior to the beginning of the wet season (Oct 1), all disturbed areas shall be reviewed to identify which ones can be seeded in preparation for the winter rains. Disturbed areas shall be seeded within one week of the beginning of the wet season PO Box 181 Auburn WA. 98071 Page 13 of 23 Phone: (206) 786-8645 Fax: (253) 833-7316 Emai1: Jason@jasonengineXH BIT L-. PAGE..%.4 OF.llJL J5j Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Pavement Design Recommendations On the basis of the results of laboratory tests and the assumed traffic counts of the proposed project, the pavement profile should consist of the following recommendations: Existing Subgrade: 1) All subgrade preparation work to be performed should be monitored by a representative of our firm. 2) Over-excavate any areas that exhibit pumping of the subgrade soils at least 12 inches (or as directed by a representative from our firm). Replace with gravel base material If subgrade is saturated or pumping excessively after over-excavating then it may be necessary to place quarry spalls on the subgrade prior to placement of any gravel base material 3) On the basis of the existing soils type, the onsite conditions, and the anticipated traffic conditions we recommend that the existing subgrade being compacted to 95~ of the maximum dry density as determined by ASlM 0-1557 (Modified Proctor). 4) Under certain site conditions the existing subgrade can be accepted by proof-rolling the subgrade using a fully loaded dump truck. This procedure (if used) should be witnessed and accepted by a representative of our firm. 5) A geotextile fabric (if used) should be placed upon the approved subgrade to maintain the structural integrity of the pavement profile. The fabric should be a type of fabric specifically made for use in road construction Crushed Surfacing: 1) The layer of crushed surfacing material should consist of 6 inches of WSDOT Section 9-03.9(3) Crushed Surfacing (Base Course Specs) that is placed and compacted to 95% of the maximum dry density as determined by ASlM 0-1557 (Modified Proctor). 2) All of the crushed surfacing and Gravel Base material could at the contractor's option consist of WSDOT Section 9-03.9(3) Crushed Surfacing (Top Course Specs) that is placed and compacted to 95% of the maximum dry density as determined by ASlM 0-1557 (Modified Proctor). 3) The material should be placed in lifts not to exceed 6 inches, with each lift being compacted and verified. 4) The crushed surfacing material should be placed to provide the proper grade and drainage for the' asphalt pavement. Asphalt Concrete Pavement: 1) The asphalt pavement should consist of at least 3.0 inches of WSDOT Class B asphalt that is placed and compacted to at least 91 % of the theoretical maximum density as determined by ASlM 0-2041 (Rice Method). 2) Provide a tack coat on all concrete surfaces that the pavement will be placed against, and for multiple lifts that are not placed within an hour time period. Conclusion All footings are to be placed on native undisturbed soils (gray gravel with sand and silt). The existing slope appears to be manmade in locations and should be excavated to native soils foundation placement When the plans and specifications are complete, or if significant changes are made in the character or location of the proposed structures, a consultation should be arranged to review them regarding the prevailing soil conditions. Then, it may be necessary to submit supplementary recommendations. While the recommendations made herein are considered sufficient in detail for the construction of the proposed project, there are many alternative methods of construction which are available. We can discuss various other options for construction at your request. PO Box 181 Auburn W A. 98071 Page 14 of 23 Phone: (206) 786-8645 Fax: (253) 833-7316 Email: Jason@jasonengi1:XA1 IT L.. PAGE~OF lGJl 4f~,'" ~ Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management/Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Appendix I: Test Pit Logs Lo #1 Boring ID: Date of Excavation: Project Name: File #: Depth(ft): Profile (feet) (meters) uses 1 0.30 2 0.61 3 0.91 4 1.22 5 1.52 6 1.83 7 2.13 GP-GM 8 2.44 9 2.74 10 3.05 End Boring Lo #2 Boring 10: Date of Excavation: Project Name: File #: Depth(ft): Profile (feet) (meters) uses 1 0.30 2 0.61 3 0.91 4 1.22 5 1.52 6 1.83 7 2.13 GP-GM 8 2.44 9 2.74 10 3.05 End Boring SP-1 5-5-2007 Steel Lake Crest 07001-035 5Pf(N) (bIows/ft) Moisture % Percent passing 3/4" #4 #200 75 52 Method of Sample: Surface Elevation (ft): Total depth (ft): Technician: Sample Description Type Track Excavator 455 10 JECB topsoil brown silty sand with gravel, medium dense water seep noted at 4 it, slow flow 12 grab gray brown gravel with sand and silt, dense Method of Sample: Surface Elevation (ft): Total depth (ft): Technician: Sample Description Type Track Excavator 445 10 JECB topsoil brown silty sand with gravel, medium dense No water visible 12 grab gray gravel with sand and silt,. very dense PO Box 181 Auburn W A. 98071 Page 15 of 23 Phone: (206) 786-8645 Fax: (253) 833-7316 Email:Jason@jasonenginEXHI IT (,.. PAGE..1LOF Jto SP-2 5-5-2007 Steel Lake Crest 07001-035 5Pf (N) Moisture (blows/ft) % Percent passing 3/4" #4 #200 75 52 ~~'" " ",."" ". "/, Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management/Inspection Pavement Design & Analysis Date: 6-2~2007 Prqject: Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 LoJt #3 Boring ID: Date of Excavation: Project Name: File #: SP-3 5-5-2007 Steel Lake Crest 07001-035 Method of Sample: Surface Elevation (ft): Total depth (ft): Technician: Track Excavator 443 10 JECB Depth(ft): Profile (feet) (meters) uses 1 0.30 2 0.61 3 0.91 4 1.22 5 1.52 6 1.83 7 213 Gt~ 8 244 9 274 10 3.05 End Boring Lo #4 Boring ID: Date of Excavation: Project Name: File #: Depth(It): Profile (feet) (meters) uses 1 030 2 0.61 3 0.91 4 1.22 5 1.52 6 1.83 7 213 GP~ 8 244 9 274 10 3.05 End Borin SPf(N) (blows/It) Moisture % Percent passing 3/4" #4 #200 Sample Description Type topsoil brown silty sand with gravel, medium dense 75 12 grab gray gravel with sand and silt, very dense Track Excavator 440 10 JECB topsoil brown silty sand with gravel, medium dense 75 52 12 grab gray gravel with sand and silt, very dense Page 16 of 23 IT t PAGE...1f-OF ~ PO Box 181 Auburn W A. 98071 Phone: (206) 786-8645 Fax: (253) 833-7316 Email: Jason@jasonensne,rlil SP-4 5-5-2007 Steel Lake Crest 07001-035 SPf (N) Moisture (blows/It) % No water visible 52 Method of Sample: Surface Elevation (ft): Total depth (ft): Technician: Percent passing 3/4" #4 #200 Sample Description Type No water visible .,~, ~ Jason Engineering & Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management/Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Lo #5 Boring ill: Date of Excavation: Project Name: File #: Depth(ft): (feet) (meters) 1 0.30 2 0.61 3 0.91 4 1.22 5 1.52 6 1.83 7 213 8 244 9 274 10 3.05 End Boring Lot!: #6 Boring ill: Date of Excavation: Project Name: File #: SP-5 5-5-2007 Steel Lake Crest 07001-035 Method of Sample: SUlface Elevation (ft): Total depth (ft): Technician: Track Excavator 440 10 JECB Profile uses Percent passing Sample Description 3/4" It4 #200 Type SPT(N) (blows/ft) Moisture % topsoil brown silty sand with gravel. medium dense No water visible 75 52 12 grab gray gravel with sand and silt, very dense SP-6 5-5-2007 Steel Lake Crest 07001-035 Method of Sample: SUlface Elevation (ft): Total depth (ft): Technician: Track Excavator 444 12 JECB Depth(ft): (feet) (meters) 1 0.30 2 0.61 3 , 0.91 4 1.22 5 1.52 6 1.83 7 2.13 8 2.44 9 2.74 10 3.05 11 3.35 12 3.66 GP..cM End Boring Profile uses Percent passing 3/4" It4 #200 Sample Description Type SPT(N) (blows/ft) Moisture % topsoil Fill material, gravel with sand and silt used tires, wood debris 75 52 12 grab gray gravel with sand and silt, very dense PO Box 181 Auburn WA. 98071 Page 17 of 23 Phone: (206) 786-8645 Fax: (253) 833-7316 Email: }ason@jasonengineer.com EXH BIT ~ PAGE~OF J(J) II~ ~ Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management/Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Loft #7 Boring In: Date of Excavation: , Project Name: File I: SP-7 5-5-2007 Steel Lake Crest 07001-035 Depth(ft): (feet) (meters) 1 0.30 2 0.61 3 0.91 4 122 5 1.52 6 1.83 7 213 8 244 9 274 10 3.05 End Boring Profile uses SPf(N) (blows/ft) Moisture % Lo~ #8 Boring In: Date of Excavation: Project Name: File #: SP-8 5-5-2007 Steel Lake Crest 07001-035 Depth(ft): Profile (feet) (meters) uses 1 0.30 2 0.61 3 0.91 4 122 5 1.52 6 1.83 7 213 GP~~ 8 244 9 274 10 3.05 EndBo. SPf (N) (blows/ft) Moisture % Percent passing 3/4" #4 #200 75 52 , Method of Sample: Surface Elevation (ft): Total depth (ft): Technician: Sample Description Type Track Excavator 446 10 JECB topsoil brown silty sand with gravel, medium dense No water visible 12 grab gray gravel with sand and silt, dense Method of Sample: Surface Elevation (ft): Total depth (ft): Technician: Sample Description Type Track Excavator 457 10 JECB topsoil brown silty sand with gravel medium dense No water visible 12 grab gray gravel with sand and silt, dense Pen:ent passing 3/4" #4 #200 75 52 PO Box 181 Auburn WA. 98071 Page 18 of 23 Phone: (206) 786-8645 Fax: (253) 833-7316 Email: Jason@jasonengineer.com ~ EXHlalT - a.C PAGEJ!LOF luu J!j" "',.,"" /'". ... // Jason Engineering &: Consulting Business, Inc. Geotechnical. Engineering Retaining Structures Project Management/ Inspection Pavement Design & Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Lo #9 Boring ID: Date of Excavation: Project Name: File #: SP-9 5-5-2007 Steel Lake Crest 07001-035 Method of Sample: Surface Elevation (ft): Total depth (ft): Technician: Track Excavator 465 10 JECB Depth(ft): Profile SPT(N) Moisture Percent passing Sample Description (feet) (meters) uses (blows/ft) % 3/4" #4 #200 Type 1 0.30 topsail 2 0.61 brown silty sand with gravel, medium dense 3 0.91 4 1.22 No water visible 5 1.52 6 1.83 7 213 8 2.44 Gl"-GM 75 52 12 grab gray gravel with sand and silt, very dense 9 274 10 3.05 End Boring GP-GM (orange), is consistent same material GP-GM (pink), 75-52-12 is consistent same material Variability between test pits is depth of material encountered. PO Box 181 Auburn W A. 9807l Page 19 of 23 Phone: (206) 786-8645 Fax: (253) 833-7316 Email: Jason@jasonengineer.com EXHI IT~ PAGEkOF JdL J5j Jason Engineering &: Consulting Business, Inc. Geotec:hnical Engineering Retaining Structures Projec:t Management I Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 07001-035 Appendix II: Additional Site Photos 1: Test pit with typical very dense, gray gravel with sand and silt. 2: Sample pit #6 with used tires and debris found down to 10ft. 3: Composite view of site looking north from the south east comer PO Box 181 Auburn W A. 98071 Page 20 of 23 Phone (206) --.. F"", (253) 833-7316 EmalI, l..on@I"onen~, ~~~ __ J5j, ,",',',',' . >, I Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management / Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: 0700l-035 Appendix III: Figures Vicinity Map ~ ,.... ". ",_<to i ,~ '\ ~. . ~.. .",'" \ t .. i ..':, J I ~l -'11 --I .. .i i . ,Sl ...' if.--..- j I It, " """""",,'" .1: 83*hSl: ! v 8.1'181 (,0 B:JJznd at ~ ~ --" S>>lUtS -.- S Diltr'9r- .. " , j !' .. 4:mt,,,, i ~ .. IE " '\ .. .. l[ B.. .i I . .. .i ! .. ~"'$ .. .i 3121151 g) . .i " ~ <l' .. .1"""" ..! to f l. m:~' r &I .(... , - ........d.. sma-fIt . 91i8111-. '''-518 . S!lt7m II 83111'I" ,. s,'" SCS Soil Survey Information "l,., .. . "-of' r ~ o _~_~ c ! ,.- _Is ."", ... if''' .2IMIII- ,. .. C_Pori; ~ .-.. ,.. .. ...." , ~. ~ il Ii. It # aa H. !;: i .. .( l .', .. t i "-" ... i .).~ i ~ .. J IE 8_.,. i . .. , 9-....131- .-.. 2 , S3IiIh 91 r ! " .. " .( ~ S.3lOlit II .""'" .,. - .,.... &" .. i S'-. I .. -- it 11 .. \ 1- .. s",... i[ ""Sf " I . .. .i j p". . .... .. PO Box 181 Auburn WA. 98071 Page 21 of23 Phone: (206) 786-8645 Fax: (253) 833-7316 Emai1: Jason@jasonengi~ I IT ~ PAGEROF JtIL ,',"~_... UI 9__. .i ~ , ~ .. ~ .... ...'."; _I ........ -'" .. '\ .. t'''''''. ! .. " .i ."""..l . -....."" !31'-. 011 83011ltSt .i ! .. i " .i ~ .. i · lbtti s-__. $~. " .i ~ ",'" . .. .i 5 S31a~ 5381~ , 11 911111l.m S 31111I81. '-II t~-t\~ (p;;z) "P.! .. ~;t;''J~-9}?L (90Z) :.)\]\)4..1 " 1,:OHh v.\-\ u.tnqnV HH I(t}H t'l.i )ill 'SS", U'!S',' II 8~7fD !l!SAIUUV., uS!saa luaW"A"d jiu!llnsuo;:) suo!,!epuno:I 'iI jiuu,,",U ,jilla SII"M g\J!U!1!1i>H . u;)sef 1hq~""",~urr "';>JUlf~ '" ~~~~ ~~ ~il ~ j Ii j l %06tolUO .t116toIUO 'l/S_ l~trUt-t~ _ Y hl ...hl......d _"Y1IIIIttt9O! .LS!I1D !IlIV"J "J!I!I.LS " ;: ......1 .> --=1.:: I~ =d ~- ~":: ,=;, ~ ~y rB'- - ~.. (j)!-o~ J I g~ / / L_ _ , -P~-l It I l'h. , J ~ I 3~ I L___J r-- . 't;~_JI I I I 11 ' . I, J' --- /) r-j . ~i I /i...", II / !-o i I ; g! ~l__ ~ i' . - --I-- ~.~- ';l ..i<B~ Q.~... B n 0 m:"l:l ~O!ll ~~&: / . ~ L.. PAGE~OF (IX) J5j Jason Engineering &: Consulting Business, Inc. Geotechnical Engineering Retaining Structures Project Management/Inspection Pavement Design &: Analysis Date: 6-20-2007 Project Steel Lake Crest, 30642 28th Ave South, Federal Way File #: {JJ()()1-035 Appendix IV: Pavement Design AASHTO Pavement Section Design Project Location: Steel Lake Crest Average Daily Traffic Count: 500 All Lanes &: Both Directions Pavement Design Life: 20 Years % of Traffic in Design Lane: l00?:. Terminal Seviceability Index (P..): 2.0 1.../ Level of Reliability: ~ Expected Growth Rate: 2.0?:. Subgrade CBR Value: 20 Subgrade M,: 30,000 Calculation of Design 18 kip ESALs Daily Traffic Load Design Breakdown Factors ESAL's Passenger Cars: 153 0.0008 1,085 Buses: 3 0.6806 15,090 Panel &: Pickup Trucks: 38 0.0122 4,057 2 Axle, 6 Tire Trucks: 10 0.1890 16,762 Concrete Trucks: 0 4.4800 2,980 Dump Trucks: 20 3.6300 643,856 Tractor Semi Trailer Trucks: 25 2.3719 525,882 Double Trailer Trucks 1 2.3187 20,563 Heavy Tractor Trailer Combo Trucks: 1 2.9760 26,393 Average Daily Traffic in Design Lane: 250 Total Design Life 18 kip ESAL's: Actual Log (ESAL's): Trial Log (ESAL's): Trial SN: Asphaltic Concrete: Asphalt Treated Base: Cement Treated Base: Crushed Aggregate Base: Existing Aggregate Subgrade: Pavement Section Design SN: 1,256,668 6.099 6.100 222 OK Design Depth Structural Inches Coefficient Drainage Coefficient n/a n/a n/a 1.0 1.0 3.00 0.00 0.00 6.00 2.00 0.42 0.25 0.17 0.14 0.11 2.32 OK PO Box 181 Auburn W A. 98071 Page 23 of 23 Phone: (206) 786-8645 Fax: (253) 833-7316 Email: J ason@jasonengincX1i I B IT L. PAGE ?I\. OF JmL APPENDIX B PRELIMINARY LEVEL 1 DOWNSTREAM ANALYSIS EXHIBIT ~ PAGE-D-OF Jo!t LEVEL ONE DOWNSTREAM ANALYSIS FOR STEEL LAKE CREST 30642 28th Avenue South Federal Way, Washington 98003 April 2007, Rev May 2008 Prepared for: Prepared by: THE STEEL LAKE PLAT GROUP 30642 28TH AVENUE SOUTH FEDERAL WAY, WASHINGTON 98003 Brant A. Schweikl, P.E. REPORT #06066 "1 hereby state that this Level One Downstream Analysis for Steel Lake Crest has been prepared by me or under my supervision and meets the standard of care and expertise which is usual and customary in this community of professional engineers. 1 understand that the City of Federal Way does not and will not assume liability for the sufficiency, suitability or performance of drainage facilities prepared by me." This analysis is based on data and records either supplied to, or obtained by, Schweikl and Associates, pIle. These documents are referenced within the text of the analysis. The analysis has been prepared utilizing procedures and applications within the standard accepted practices of the industry. EXHIBIT --L PAGEJ~ ~OF-l6.L 06066 _REV-DSNarrative.doc STEEL LAKE CREST Parcel #'s 0921049096, 0921049161, 0921049182 &0921049183 LEVEL ONE DOWNSTREAM ANALYSIS DOWNSTREAM NARRATIVE Project Location The proposed Steel Lake Crest Plat is located at 30642 28th Avenue South, Federal Way, Washington. The site falls between 28th Avenue South, on the west, and the Interstate 5 right-of-way to the east. Private property bounds the site on the north and south. Except for the northeast corner, which is clipped diagonally by Military Road South, the overall shape of the site is rectangular. It being approximately 100 feet longer east to west than north to south. Steel Lake lies directly to the west, and a small portion of the site (the extreme northwest comer) is within 200 feet of the lakes shoreline. Approximately one quarter mile due east of the site, across the Interstate 5 right-of-way, is Dolloff Lake. The location of these two lakes is relevant to the project because ultimately they receive the storm drainage from the site. The project consists of four existing parcels (parcel #'s 0921049096, 0921049161, 0921049182 & 0921049183) which total approximately 6.77 acres. The four parcels are owned by three individual parties who currently live in existing homes on the site. Their homes, the only existing residences on the site, all front off of 28th Avenue South. The project proposes removing their homes, creating 28 new I.ots and building new structures on them. The site naturally slopes from the southwest comer to the northeast corner. There is an approximnte drop of70 feet across the site, with an average slope of9.3%. There are a few small areas where the average slope exceeds 40%. The majority of these steep slope areas are not naturally occurring, but are the result of man made fills in the backyards of the existing homes. The areas around these existing homes are typically landscaped, with lawns and flower beds, and maintained by the home owners. Away from the landscaped yards, the site is mostly non-maintained native vegetation. The site is wooded with many large fir trees. Generally speaking, the further east you go the heavier and denser the underbrush becomes. EXHIBIT L PAGEAOF -16D- 2 06066 _REV-DSNarrative.doc Basin The prominent hydrology feature of this project is that the site lies in two different drainage basins. The portion of 28th A venue South which fronts the project site is essentially the dividing line between the Lower Puget Sound Basin and the Mill Creek Basin. Currently flows from the roadside ditch on the eastern edge of 28th Avenue South, enter into a culvert at the northwest corner of the project site, where it gets conveyed eventually to Steel Lake. Steel Lake is in the Lower Puget Sound Drainage Basin and is part of the Central Puget Sound Watershed. Because the topography of the site slopes northeasterly away from 28th Avenue South, any storm water from the site which does not get into the roadside ditch will naturally flow northeast, away from Steel Lake. This is the majority of the storm water drainage from the site. The natural point of discharge for this storm water is along the northeast boundary line. This runoff will eventually make its way to Dolloff Lake. Dolloff Lake is part of the Mill Creek Drainage Basin and Duwamish-Green River Watershed. The project lies within the Duwamish-Green River King County Water Resource Inventory Area (WRIA) Code Number 9. According to the King County Districts and Development Conditions Report, there are no mapped hazards (Coal Mine, Erosion, Landslide or Seismic) at the site, and the site is not located in a Critical Aquifer Recharge Area. Wetland Inventory The 1990 King County Wetland Survey was accessed to determine the location and classification of potential wetlands in the vicinity of the project. No wetlands were found to be present on the site. There is an existing wetland east of the Interstate 5 right-of- way, associated with Dolloff Lake, that's approximately one-quarter of a mile from the site. There are no other mapped wetlands in the vicinity of the project. King County Soils Survey T!1e King County Soils Survey Maps provided by the United States Department of Agriculture Soil Conservation Service were reviewed to determine the soil characteristics within the project basin with respect to the soils susceptibility to landslides and erosion and its capability for groundwater recharge and surface water runoff. Upon their review, the maps indicate the soils in the project area are Alderwood type soils. Typical Alderwood soils are moderately well drained, undulating to hilly soils that have dense, very slowly permeable glacial till at a depth of 20 to 40 inches. Jason Engineering & Consulting Business, Inc., a geotechnical engineering firm, has been retained to perform soil testing on the site. Their report titled Subsurface Exploration and Geotechnical Engineering Report, is dated June 20,2007 (Appendix A.) The report classifies the western half of the project as Alderwood (AgB) ~oils and the 3 EXHIBIT I, fA~R~Qf JML eastern half of the project as Alderwood (AgC) soils. See their complete report for additional geotechnical information. Federal Emergency Management Agency (FEMA) FloodplainlFloodway Maps FEMA Floodplain/Floodway Maps were reviewed and there were no identified 100 year or 500 year floodplains on the project site. Storm Drainage Complaints The City of Federal Way Surface Water Management Division and the King County Department of Natural Resources and Parks, Stormwater Services (SWS) Section were contacted concerning the acquisition of any necessary storm drainage complaints in the general vicinity of the project or along the path of the downstream. The county listed five complaints of which three were unavailable and deemed not relevant due to age. The other two complaints come from Steel Lake frontage neighbors which experienced some flooding from a storm event in late November, 1990. A copy of their complaints' are attached to the back of this report. JeffWolfP.E., City of Federal Way Surface Water Management Engineer, responded in an e-mail dated May 20, 2008 that there have not been any drainage complaints or issues that have not been resolved in either of the sites downstream basins. He did state that flooding used to occur along S. 304th Street near Dolloff Lake, but the county constructed a flood control berm which apparently corrected the problem. No complaints have ever been filed from any ofthe projects parcels, and no records exist of any complaints having ever been filed from the projects adjacent parcels. Level One Downstream Narrative The following Level One Downstream narrative corresponds with the physical downstream inspection conducted on Friday, April 20, 2007. The photographs referenced in this narrative are shown in Appendix 1 of this report. All photos were taken during the inspection mentioned above, and their locations are identified on the map found in Appendix II. The temperature at the time of the field inspection was approximately 60 degrees and the weather was mostly cloudy with occasional sun. There had not been any rainfall over the previous couple of days to generate any new runoff, and for the most part the ground surfaces were dry. The natural discharge point for the majority of the project sites area (everything east of the roadside drainage ditch adjacent to 28th Avenue South's edge-of-pavement), is essentially the projects northwest comer property line with Military Road South. This area of the site is heavily vegetated. Photos A and B are looking towards the project site interior from the northeast. Once the flow leaves the site it joins with any flow collected in the roadside ditch along the west side of Military Road. This ditch flow comes from the north at the South 304th Street intersection, Photo C. Any drainage from this ditch 4 EXHIBIT --L.. o<PA&!DsLNe~F ~ would flow south through a 12 inch concrete culvert under the northern adjacent parcels driveway, and enter into the projects frontage with Military Road, Photo D. Here the combined flow would follow the Military Road right-of-way in an undefined ditch, (Photo E) bending southeast approximately 50 feet towards a flat grassy area (Photo F) located at the northwest comer of the projects frontage with the Interstate 5 right-of-way. Although the natural terrain in this area slopes east towards Dolloff Lake, Military Road and Interstate 5 effectively block any storm water runoff at this grassy area, Photo G. The state Department of Transportation however, provides an 18 inch concrete culvert (Photo H) that allows drainage under both Military Road and Interstate 5. The culvert was installed with a measured slope of 13% downward in an easterly direction. It has a length of about 190 feet and terminates in a Type 2 catch basin located in the north shoulder of Military Road directly under the north bound overpass of Interstate 5. Three other drainage lines input to this catch basin, with one 18 inch line actually providing flow. The line was coming from a large inaccessible storm drainage manhole located between the north and south bound freeway lanes, and it is assumed that it is part of the interstates drainage system. The output from the Type 2 catch basin is through an 18 inch CPEP pipe that extends 44 feet before discharging along the north side of Military Road, Photo 1. There is now base flow associated with this part of the downstream. The channel is about 2 inches deep and about 2 feet wide, but the flow is slow. The channel meanders northwesterly through heavy brush (Photo J) for about 340 feet until it intersects 31 st Avenue South. An 18 inch CMP culvert placed under the 31 st Avenue South right-of way allows the flow to pass from the west side of the road (Photo K) to the east side (Photo L). The culvert is approximately 50 feet long and appears to be relatively free of sediment. The flow continues east from here in a shallow channel, through a heavily vegetated marshy area, Photo M. The main body of Dolloff Lake is just under 100 feet away. This side of the lake is very swamp like, with thick under brush and becomes somewhat inaccessible (Photo N). The runoff does however enter into the lake at this point, Photo 0, where it will eventually drain to Mill Creek, the Green River and finally Puget Sound. Because 28th A venue South is the division between two basin areas, a small portion of the project drains west, and discharges to Steel Lake. This is primarily the offsite area of the project, the runoff from the east half of 28th Avenue and whatever runoff that makes it into the road side ditch fronting the west edge of the site (Photo P). The ditch ends at the existing driveway at the northwest comer of the project site. Here a 12 inch concrete culvert conveys any flow in the ditch northwest to a Type 1 catch basin located in the west shoulder of 28th A venue South. The culvert is approximately 65 feet long and was installed with a 5.7% slope. At the catch basin, runoff from the site joins runoff from the west side ditch of 28th A venue. This runoff starts south of the site at the northwest comer of the intersection of 28th Avenue and South 309th Street, Photo Q. It flows north in a ditch until it reaches a 12 inch concrete culvert approximately 100 feet south of the catch basin, Photo R. Leaving the initial catch basin, the flow will travel north approximately 200 feet, tight-lined in a 12 inch concrete pipe, through two more Type 1 catch basins (Photo S), until at a third Type 1 catch basin it is directed west towards a storm drainage manhole on private property (Photo T). At the manhole, the runoff is joined by flow from an 18 inch concrete culvert. The culvert drains a small area directly MSS IT L- PAGE~OF1bi[ 5 06066 _REV-DSNarrative.doc A venue. The output of the manhole is an 18 inch concrete pipe that heads west and discharges into Steel Lake, Photo U. Access to the actual discharge point, which is on private property, is restricted (Photo V). The outlet to Steel Lake flows to the northwest, and eventually reaches Puget Sound at Redondo. Summary In summary, the downstream field observations and analysis of the two separate drainage basins show that they are in good condition. The project proposes releasing storm water from the developed site in a manner consistent with the prescribed methods of the City of Federal Ways storm water design manual. Storm water discharged into the Mill Creek Basin will be subjected to Levell Detention and Basic Water Quality via a combined wet pond system. The minimal runoff generated by the new impervious surfaces, created by the required street improvements to 28th A venue South, will be treated for water quality by the installation of a catch basin filter. The treated runoff will then be conveyed in the existing storm water system, and discharged into Steel Lake. Both basins do not display signs of erosion or flooding and should easily accommodate the increased net volume of flow associated with the development. EXHIBIT Jtin PAGEn..OF ' 6 06066 _REV -DSNarrative.doc AJ!pendices Appendix 1 Downstream Photographs Appendix II Downstream Basin Map 7 EXHIBIT L PAGE~OF _ 06066 _REV -DSNarrative.doc Photo C Photo D EXHIBIT PAGE~OF ~ Photo E Photo F EXHIBIT L. PAGE~OF:.lfx2.. Photo G Photo H EXHIBIT "~ PAGE~OF JtrL '. L. EXHIBIT j01r PAGE~OF Photo K Photo L Photo M Photo N ~XHIBIT ;GESLoF ..tOA.. Photo 0 Photo P EXHIBIT t, PAGE-5LOFRl> Photo Q Photo R ~'\.qHIB . L-- C~^ IT :GEO-OF-bJ Photo S Photo T EXH~I " PAGE OF J6l.. Photo U Photo V EXHI.BIT L.. PAGE '~ OF Jal ( ~ ! (:) i ! .... IS ~ I I i .... .... ~ ! / i .... .... 2 ~ at ~ I .... I ... ~ ~ i .... e ~ ~ ..... I ... ~ ~ lD to '" (:) .... g .... .... .. ~ t e IS ~ ~ I'\) ... I .... ~ e .... ... I ... (:) a E I '0 "'" /1 }S ... ~ ... \os.l l i i 8 ... ~ .. Ie '" " .... ~ 0. ~, ::t f I I ...l:t r ~Il Jt-<~ wi EL. ~ ~ I I g '[~~="~,llf ~ I .. . ~.~ .. ~, 18! , i ;. ;~'''~---~ ~ ~. I... ~ . ~, lD~O~(:)" ; r"~""I~ct>."t i ;i, ,! 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It ~ \.) ;> \\( ....J '-l -ql-- , "'l- "-oJ Qc ~ {v <:>i Q ~ :J ~ ...... '- 0 ~ IU \L " I:X -IIE.IT L I I " I i " I ~GE~a OF__lOO_ 4 \J ~ I..I...l '-L 1II '"' '" ... tii !!;... I~ JUI~. I~. LVV I I: ?jrM 1\11~\) W. WLlW I~U. ?L~j r. I King County Water and Land Resources (WLR) Division 201 S Jackson S~ Suite 600 S~,vv~ 98104-3855 Date: 4 'J' Number of pages including cover sheet: FAX To: ~~ Fax: rP-S~ -~7J--'i'l'1Y Phone:JS"~ -'d- '? ~ - '1'16"7 From: Cindy Torkelson WLR. Stormwater Services Section Phone:2~2~1900 Fax Number: 206-296-0192 IMPORTANT LEYJL 1 ANALYSIS NOTE: We do not send copies of certain complaint types that are not relevant such as BCW, FI, FIR, FllI and WQA, and we do not send CL and LS types. See key below. Type S 1, S2 and 83 will not be faxed due to size constraints. .. IF YOU .ARB USING THE 2005 SWM DBSIGN MANUAL YOU ONI.. Y NEED IOYRS WORm OF COMPLAINTS The following is a list of complaint types received by the Water and Land Resources Storm water Services Section. Complaint numbers beginning prior to 1990-XXXX have been archived and are no longer in our possession. They can still be retrieved, ifneocssaIy, but will take additional time and may not be beneficial to your research due to their age, development which has ~ etc. If you arc interested in reviewing the actual complaints, they can be pulled (time permitting) for your review. Copies can be obtained for $ .15 per page, and $2.00 per page for plans. Kevs: Tvpe lIfInvestilPtioo TDe___ll'>>blem C Action Request DCA DeYelopmcutlCOl1ltn1Cuon SCW Business' for Clean W8Ulr DDM Drainage . Misee1l1neous CCF Rc.spoDse to Jnquily DES Drainage - EtosionlSedin1enm1ion *CL Claim DLE Draina;e - LanlblidelE8rth Movement Ell Bnforcement OD Hold DTA Ol'ainasc tocbnieat AriiBtancc BR Enfotcemellt Review INQ J:lrJU1Jge - GGtmllnqviry FCC,FCR,FCS Facility Complaf41S MMA Mainwn:mce. AatbeIicB PI SWM Fee Inquiry MMP MaintelWlCe. flooding }l1R. SWM Fee Review MMO MainlUaftCe. GeIIetal FlH SWM Pcc 011 Hold MMM MlinteJl8llce - Mowing --I..S l.a'IU3uit MNM Maintenance - Needs Mainlen8ntll RR Facility BngineeriDg ReYiew MNW Main~o-NoxiO\lS Weeds NDA Neiabborhoad Drainage Asmtlnce SWJI SWM Fee Ques1ions WQC . Water Quality Complaint \VQB Waltlr Quality - Beet M8Jl8&llI2VlIl\ Prai:l.ices WQB Water Quality Bnfcm:ement WQD WIIr:r QaaJity - DurnpinJ WQR Water Quality BogiDeaing Review WQl WIIcrQuality-DIicitConp,riUHIBIT' WQA WarerQtrllity Audit REM SWM Fee .Rlmeuul'lDWlli ',^ V WQO WaterQcm1ity-Other ORT SWMfee.{kant ' Sl,S2.SN3 Bu~StudiCl NWD SWMFee-NewDisc:ount .GE.s.ll--~.1Ql. .Subject to Public DiIc10sure requiremenVlI, ~t of9lidm rcqum for cJommnlll2. Rgview ,1111' llJlPfOV&1 \Jy ~. A.tIol'\1l:lY'l oJ1lcc -I . JUN. I~. LUU I I: 'jl'M 1\11~\J W. IYLl\lJ 11V. ,)LJJ r. L PIN Complaint# 921079~O 1987..0282 archived 921049229 1975-0108 archived 921049184 19n -0053 archived c ~ CJIlR.- n&C ~ tp-L f1,&{, ~~~ t\~ EXHIBIT L-. PAGE-'LOF 1ba NU ?LYj-~. ~ 9. 200 I . 1: \.4!.~G C\!,N.?.~U. I w~~ARTMENT OF PUBLIC WORKs ~. SURFACE WATER MANAGEMENT DIVISION LOCATION: o.te A1c'rJ: ;17- [) see lWP~RGE _ KROLL PG. Z')" COUNCIL DIST. '7 ~~ -;:.1% WORK: - ~ COMPLAINT INVESTIGATION REPORT COMPLAIN,p.NT: Address 36~ ~3 DETNLSOF~MP~~~ ~ f) If'~ ~ 11-;?7-?tJ. I' SLUI1I ;:m t~:~~~) Olrr~~~fv'~lll~~: met wit~kltfpso.n~a~~~id':S~ po~On~e:hg~f~~J'-~8 q andsc~~i~t'i~Oihe path of flow apparently coming f~om across the neighbor's property to the south. That property is considerably higher than Spanels. In fact most of the area is higher than Spane's except one or two lots further nort~. Spane's and those lots are on Steel Lake. Spane had numerous complaints about the neighbor to the south:not allowing she & her husband on the property to clean the storm drain. not cleaning the pine needles out of the draint not keeping the yard UP. too much garbage, suing everyones etc, etc. The neighbor to the south receives drainage flow from the south and east due to terrain. There is a moderate slope above t whereas the slope drops abruptly onto Spane's. A catch basin is located in the driveway to this neighbor's and ano~her neighbor further south. This basin receives water from the south through a 12" concrete pipe and from surface flow on the paved driveway. This neighbor owns half of the driveway. The water then discharges north through a 12" concrete pipe. r did not see the terminus of this pipe. Spans contends that it was damaged mid-run during the neighbor1s bulldozing activities this year. I su,ggested to her that this situation appea~ed to be a private probl em and that the County did not to appear to have any involvement. -SEE ifo. fSftJfo SNITIL'I J/((.dlt 1(./)"';' COMPLAINT INVESTlGATEO BY; ACTION TAKEN: 9te~e.a-.-- <. '" '} t;;:~ ',iii - I :5 , t.. I.Aimplainant advised of action possible or taken by; Phone ~ Letter 0 Personal Contact 0 "'- Closed: ~... ~~:- ~/ OK'd: 'llt1iMI Complaint Action Handled By ~.. ". LVV I c.) 'I frA! I I: :I'trm. COI\!ll\J \iV, "LI\UARTMENT O'F'P-U- DI I~ lAIC' RKt1V. )!,J. I. J I'.II"'U UI... I J ucr.H 1.I.WJoL.1. ~ c:.~');: SURFACE WATER MANAGEMENT DIVISION 1200 ,- .' . COMPLAINT INVESTIGATION REPORT .{7.."?,, /)\0;3 NAnJREOFCOMPI"AINT: -PMI,JH~ 'r:J7 WO~~/Al~ LOCATION: '!1'T ~t:. ~,e-E COMPLAINANT: (!~a'-Y# ~NJr/1!. '" Addren ~ '- 3? z,tj r H AviE' .$Deity ~ wrA~tate w.d DETAILS OF COMPLAINT: f(lQ, >--'71'" y ~ ....~. l-'v II 0 ,:b ,!?,-vt:"t4P'c!"D .Jtf t!?I. ~ iJ,u /AJ.Jr,.,;- r~ ~",.~ , 'vtv', ~ovm - A~,&7'H M,,~ .::ts .J 12.14 .fo 7rwrl,,-~. ./JP-I,MIT, r 7r"~""-~ /b, s ~/t. c.1:> U,h"'Tt;--< ~c..I"';tr v~ 1(.) H-er--;lf Y ~p A'Jv :;:> 4?',pJ? ,~. Cf~ ~, 1)0 ~ FrU",.~<: ,IF ru.J .?dc.v }k... 7'"(:) C::::::t1 r-- ~""-f" I 'ChR..<)uJ ((",.J p,~ W9;~-:37 Nu ."j~".,"-rJ< COMPLA'fid R'~EIVED BY: ....r:TAILS OF INVESTIGATION: S ch on rse ~d~ Yes fir No Q ..Photos: Ye$.~ No 0 Observed site and.met carolyn Sni lly feD 1,rgl.Also on S1 I~ on Dec. 18.190. The house is on a moderate slope to Steel Lake, on the east side. A paved private driveway leads the first 200f' from 28th Ave S. towards her house. She owns the driveway, however the neighbors above her along 28th paved it without her consent. The driveway was graded with a trough in the center leading to a standard Type I CB halfway from 28th S. to her house. I observed a 12" pipe leading out of the CB, but since it's on private property I did not thoroughly view the interior with Q-beam and mirror. Snitily says the pipes are actually only 4" and drain from various single- family residences ~o the south. She bought the house in 1978 and 10 years ago hired a civil engineer from the East side to gather evidence about the pOSSible flood damage she could sustain from the neighbor's work on paving the driveway and the existing storm lines they intercepted. this engineer testified that the storm system collected approximately 6 acres and. that he had traced it up to S. 309th st. by going through people's backyards, but there were no CBIS in the line. '. Snitily says the line ruptured in Dee.la9 and has been filled with sediment and o~~r- flowing since. She says the runoff flows down to the north onto Spane\s and the,other further north neighbor. She also receives a portion of it. It has saturated her basement. A 4" concrete line drains from the northeast corner of her,hbuse near her drivew4Y then to the northwest into the corner of her ~ot then onto Spane's and into ~fNvES,y~B4rainage lans & survey notes for S.312th do. n.ot shoWD1~?fini~'1 J .9 ACTION TAKEN: drainage system conveying all the way from there northward. An equalizer pipe~Jtls~ but not found near 28th S. (50'-70' west) during the 1968 survey. 'I,itl: bf' ~,q?-- J s,,;JI'~ hn-.. 1'Ju,li/. . L- EXHIBIT rRFCTrx?'Y~ (.;Omplainant advised of action ponible or taken by: ~~eF~tact 0 Complaint Action Handled By Closed: ., - 36 -- 9' t> OK'd: ~ ~ DiI,e I~ltil" - Oaw Aec't;l! I}- SEC TWP~RGe KROLL PG. COUNOIL DIST. 7 .rJ'f .... ~M~ p;./- s :1.13 Zi II O~ WORK: JUI1. 1;1. LUUI 1:~~rM "ll'\] W. ffLI\U 11V. ,)L'JJ...r, U .,;, '... , Sketch Srl!EL -""'- LAtc:E ../\... 'h tAl G- Cf>lJNr'l Pf}R~ .. ' .. . . . . . '. ../' I r~ I s. 3oq-l1l sf I I S,311-fhSt L...-. -'_". .._..~... ....~ II' .... EXHI8!T~. . PAGEaOF ~ ....,NS<;_.,....,V"JS. ~ _. W~U, I.JA 98o{)3 o ie t :De- x~el"' R~'t~,~ BI J'I M 1 I t." .il "'I) A" ~ ...I S II '" -HI "" IAI A q ~ ,,., u N i ~L I \ , . I \1)/ I \ij: ~ . I ~ i I ~ : 6:)1 ! f'r i I ~ I l' r I r . , i' I I I i I APPENDIX C DRAINAGE FACILITIES MAINTENANCE STANDARDS EXHIBIT ",.. PAGE.j,S OF JoJr. MAINTENANCE STANDARDS FOR PRIVATELY MAINTAINED DRAINAGE FACILITIES NO.1 - DETENTION PONDS Maintenance Component Defect Conditions When Maintenance Is Needed Results Expected When Maintenance Is Perfonned General Any trash and debris which exceed 1 cubic foot per 1,000 square feet (this is about equal to the amount of trash it would take to fill up one standard size office garbage can). In general, there should be no visual evidence of dumping. Poisonous Vegetation Any poisonous or nuisance vegetation which may constitute a hazard to County personnel or the public. Trash & Debris Pollution Oil, gasoline, or other contaminants of one gallon or more 2!: any amount found that could: 1) cause damage to plant, animal, or marine life; 2) constitute a fire hazard; or 3) be flushed downstream during rain storms. Unmowed Grass/ If facility is located in private residential area, Ground Cover mowing is needed when grass exceeds 18 inches in height. In other areas, the general policy is to make the pond site match adjacent ground cover and terrain as long as there is no interference with the function of the facility. Rodent Holes Any evidence of rodent holes if facility is acting as a dam or berm, or any evidence of water piping through dam or berm via rodent holes. Insects When insects such as wasps and hornets interfere with maintenance activities. Tree Growth Tree growth does not allow maintenance access or interferes with maintenance activity (i.e., slope mowing, silt removal, vactoring, or equipment movements). If trees are not interfering with access, leave trees alone. Eroded damage over 2 inches deep where cause of damage is still present or where there is potential for continued erosion. Side Slopes of Pond Erosion Storage Area Sediment Accurr ::ated sediment that exceeds 10% of the designed pond depth. Pond Dikes Settlements Any part of dike which has settled 4 inches lower than the design elevation. Only one layer of rock exists above native soil in area five square feet or larger, or any exposure of native soil at the top of out flow path of spillway. Rip-rap on inside slopes need not be replaced. Emergency Rock Missing Overflow/Spillway Trash and debris cleared from site. No danger of poisonous vegetation where County personnel or the public might normally be. (Coordination with Seattle-King County Health Department) No contaminants present other than a surface film. (Coordination with Seattle/King County Health Department) When mowing is needed, grass/ground cover should be mowed to 2 inches in height. Mowing of selected higher use areas rather than the entire slope may be acceptable for some situations. Rodents destroyed and dam or berm repaired. (Coordination with Seattle/King County Health Department) I nsects destroyed Of removed from site. Trees do not hinder maintenance activities. Selectively cultivate trees such as alders for firewood. Slopes should be stabilized by using appropriate erosion control measure(s); e.g., rock reinforcement, planting of grass, compaction. Sediment cleaned out to designed pond shape and depth; pond reseeded if necessary to control erosion. Dike should be built back to the design elevation. Replace rocks to design standards. EXHIBIT " PAGE " OF.lQ[: NO.4 - CONTROL STRUCTURElFLOW RESTRICTOR Maintenance Component Results Expected When Maintenance is Perfonned Defect Condition When Maintenance is Needed General All trash and debris removed. Cleanout Gate Orifice Plate Overflow Pipe Manhole Catch Basin Trash and Debris (Includes Sediment) Structural Damage Damaged or Missing Damaged or Missing Obstructions Obstructions Distance between debris build-up and bottom of orifice plate is less than 1-1/2 feet. Structure is not securely attached to manhole wall and outlet pipe structure should support at least 1,000 Ibs of up or down pressure. Structure is not in upright position (allow up to 10% from plumb). Connections to outlet pipe are not watertight and show signs of rust. Any holes-other than designed holes--in the structure. Cleanout gate is not watertight or is missing. Gate cannot be moved up and down by one maintenance person. Chain leading to gate is missing or damaged. Gate is rusted over 50% of its surface area. Control device is not working properly due to missing, out of place, or bent orifice plate. Any trash, debris, sediment, or vegetation blocking the plate. Any trash or debris blocking (or having the potential of blocking) the overflow pipe. Structure securely attached to wall and outlet pipe. Structure in correct position. Connections to outlet pipe are water tight; structure repaired or replaced and works as designed. Structure has no holes other than designed holes. Gate is watertight and works as designed. Gate moves up and down easily and is watertight. Chain is in place and works as designed. Gate is repaired or replaced to meet design standards.. Plate is in place and works as designed. Plate is free of all obstructions and works as designed. Pipe is free of all obstructions and works as designed. See "Closed Detention Systems" Standards NO.3 See "Closed Detention Systems' Standards No. 3 See "Catch Basins" Standards No. 5 See 'Catch Basins" Standards No.5 EXHIBIT L-- PAGE-'aLOF ~ NO. 5 - CATCH BASINS Defect Maintenance Component Results Expected When Maintenance is perfonned Conditions When Maintenance is Needed General Trash & Debris (Includes Sediment) Structure Damage to Frame and/or Top Slab Cracks in Basin Walls/ Bottom Sediment! Misalignment Trash or debris of more than 1/2 cubic foot which is located immediately in front of the catch basin opening or is blocking capacity of the basin by more than 10% Trash or debris (in the basin) that exceeds 1/3 the depth from the bottom of basin to invert the lowest pipe into or out of the basin. Trash or debris in any inlet or outlet pipe blocking more than 1/3 of its height. Dead animals or vegetation that could generate odors that could cause complaints or dangerous gases (e.g., methane). Deposits of garbage exceeding 1 cubic foot in volume Corner of frame extends more than 3/4 inch past curb face into the street (If applicable). Top slab has holes larger than 2 square inches or cracks wider than 1/4 inch (intent is to make sure all material is running into basin). Frame not sitting flush on top slab, i.e., separation of more than 3/4 inch of the frame from the top slab. Cracks wider than 1/2 inch and longer than 3 feet, any evidence of soil particles entering catch basin through cracks, or maintenance person judges that structure is unsound. Cracks wider than 1/2 inch and longer than 1 foot at the joint of any inlel/ outlet pipe or any evidence of soil particles entering catch basin through cracks. Basin has settled more than 1 inch or has rotated more than 2 inches out of alignment. No Trash or debris located immediately in front of catch basin opening. No trash or debris in the catch basin. Inlet and outlet pipes free of trash or debris. No dead animals or vegetation present within the catch basin. No condition present which would attract or support the breeding of insects or rodents. Frame is even with curb. Top slab is free of holes and cracks. Frame is sitting flush on top slab. Basin replaced or repaired to design standards. No cracks more than 1/4 inch wide at the joint of inlel/outlet pipe. Basin replaced or repaired to design standards. EXHIBIT ~ PAGE~ 9 NO.5 - CATCH BASINS (CONTINUED) Maintenance Component Results Expected When Maintenance is perfonned Defect Conditions When Maintenance is Needed Catch Basin Cover Ladder Metal Grates (If Applicable) Fire Hazard Vegetation Pollution Cover Not in Place Locking Mechanism Not Working Cover Difficult to Remove Ladder Rungs Unsafe Trash and Debris Damaged or Missing. Presence of chemicals such as natural gas, oil and gasoline. Vegetation growing across and blocking more than 10%0 of the basin opening. Vegetation growing in inleUoutlet pipe joints that is more than six inches tall and less than six inches apart. Nonflammable chemicals of more than 1/2 cubic foot per three feet of basin length. Cover is missing or only partially in place. Any open catch basin requires maintenance. Mechanism cannot be opened by on maintenance person with proper tools. Bolts into frame have less than 1/2 inch of thread. One maintenance person cannot remove lid after applying 80 Ibs. of lift; intent is keep cover from sealing off access to maintenance. Ladder is unsafe due to missing rungs, misalignment, rust, cracks, or sharp edges. Grate with opening wider than 7/8 inch. Trash and debris that is blocking more than 20% of grate surface. Grate missing or broken member(s) of the grate. NO.6 DEBRIS BARRIERS (E.G., TRASH RACKS) No flammable chemicals present. No vegetation blocking opening to basin. No vegetation or root growth present. No pollution present other than surface film. Catch basin cover is closed Mechanism opens with proper tools. Cover can be removed by one maintenance person. Ladder meets design standards and allows maintenance person safe access. Grate opening meets design standards. Grate free of trash and debris. Grate is in place and meets design standards. Maintenance Components Results Expected When Maintenance is Perfonned. Defect Condition When Maintenance Is Needed General Barrier clear to receive capacity flow. Metal Trash and Debris Damaged! Missing Bars. Trash or debris that is plugging more than 20% of the openings in the barrier. Bars are bent out of shape more than 3 inches. Bars are missing or entire barrier missing. Bars are loose and rust is causing 50% deterioration to any part of barrier. Bars in place with no bends more than 3/4 inch. Bars in place according to design. Repair or replace barrier to design standards. EXHIBIT ~ PAGEjJLOF --!LtL NO.7 - ENERGY DISSIPATERS Maintenance Components Results Expected When Maintenance is Perfonned. Defect Conditions When Maintenance is Needed External: Rock Pad Dispersion Trench Internal: Manhole/ Chamber Missing or Moved Rock Pipe Plugged with Sediment Not Discharging Water Properly Perforations Plugged. Water Flows Out Top of "Distributor" Catch Basin. Receiving Area Over-Saturated Worn or Damaged Post. Baffles, Side of Chamber Other Defects Only one layer of rock exists above native soil in area five square feet or larger, or any exposure of native soil. Accumulated sediment that exceeds 20% of the design depth. Visual evidence of water discharging at concentrated points along trench (normal condition is a "sheet flow" of water along trench). Intent is to prevent erosion damage. Over 1/2 of perforations in pipe are plugged with debris and sediment. Maintenance person observes water flowing out during any storm less than the design storm or its causing or appears likely to cause damage. Water in receiving area is causing or has potential of causing landslide problems. Structure dissipating flow deteriorates to 1/2 or original size or any concentrated worn spot exceeding one square foot which would make structure unsound. See "Catch Basins" Standard NO.5 Replace rocks to design standards. Pipe cleaned/ flushed so that it matches design. Trench must be redesigned or rebuilt to standards. Clean or replace perforated pipe. Facility must be rebuilt or redesigned to standards. No danger of landslides. Replace structure to design standards. See "Catch Basins" Standard No. 5 r'f)'n".'~PIT~ L.._ 01. '~". ~ ::, I.Q ; "t" f\"'"'...... IOF j'%\\;!t:~ 9 NO. 8 - FENCING Maintenance Components Defect Results Expected When Maintenance is Perfonned Conditions When Maintenance is Needed General Missing or Broken Parts Parts in place to provide adequate security. Erosion Wire Fences Damaged Parts Deteriorated Paint or Protective Coating Openings in Fabric NO.9 - GATES Any defect in the fence that permits easy entry to a facility. Erosion more than 4 inches high and 12-18 inches wide permitting an opening under a fence. Post out of plumb more than 6 inches. Top rails bent more than 6 inches. Any part of fence (including post, top rails, and fabric) more than 1 foot out of design alignment. Missing or loose tension wire. Missing or loose barbed wire that is sagging more than 2-1/2 inches between posts. Extension arm missing, broken, or bent out of shape more than 1 1/2 inches. Part or parts that have a rusting or scaling condition that has affected structural adequacy. Openings in fabric are such that an 8-inch- diameter ball could fit through. No opening under the fence that exceeds 4 inches in height. Post plumb to within 1-112 inches. Top rail free of bends greater than 1 inch. Fence is aligned and meets design standards. Tension wire in place and holding fabric. Barbed wire in place with less than 3/4 inch sag between post. Extension arm in place with no bends larger than 3/4 inch. Structurally adequate posts or parts with a uniform protective coating. No openings in fabric. Maintenance Component Defect Results Expected When Maintenance is Perfonned Conditions When Maintenance is Needed General Damaged or Missing Members Gates and Locking devices in place. Openings in Fabric Missing gate or locking devices. Broken or missing hinges such that gate cannot be easily opened and closed by a maintenance person. Gate is out of plumb more than 6 inches and more than 1 foot out of design alignment. Missing stretcher bar, stretcher bands, and ties. See "Fencing" Standard NO.8 Hinges intact and lubed. Gate is working freely. Gate is aligned and vertical. Stretcher bar, bands and ties in place. See "Fencing" Standard NO.8 EXHIBIT L- PAGE..:LLOF Jtn NO. 10 - CONVEYANCE SYSTEMS (PIPES & DITCHES) Conditions When Maintenance is Needed Maintenance Component Results Expected When Maintenance is Performed Defect Pipes Pipe cleaned of all sediment and debris. Open Ditches Catch Basins Debris Barriers (e.g., Trash Rack) Sediment & Debris Vegetation Damaged Trash & Debris Sediment Vegetation Erosion Damage to Slopes Rock Lining Out of Place or Missing (If Applicable). Accumulated sediment that exceeds 20% of the diameter of the pipe. Vegetation that reduces free movement of water through pipes. Protective coating is damaged; rust is causing more than 50% deterioration to any part of pipe. All vegetation removed so water flows freely through pipes. Pipe repaired or replaced. Any dent that decreases the cross section area of Pipe repaired or replaced. pipe by more than 20%. Trash and debris exceeds 1 cubic foot per 1,000 square feet of ditch and slopes. Accumulated sediment that exceeds 20 % of the design depth. Vegetation that reduces free movement of water through ditches. See "Ponds" Standard No. 1 Maintenance person can see native soil beneath the rock lining. See "Catch Basins: Standard NO.5 See "Debris Barriers" Standard NO.6 NO. 11 - GROUNDS (LANDSCAPING) Trash and debris cleared from ditches. Ditch cleaned/ flushed of all sediment and debris so that it matches design. Water flows freely through ditches. See "Ponds" Standard NO.1 Replace rocks to design standards. See "Catch Basins" Standard No.5 See "Debris Barriers" Standard No.6 MainteDance Component Results Expected When Maintenance is Performed Defect Conditions When Maintenance is Needed General Weeds present in less than 5% of the landscaped area. Trees and Shrubs Weeds (Nonpoisonous) Safety Hazard Trash or Litter Damaged Weeds growing in more than 20% of the landscaped area (trees and shrubs only). Any presence of poison ivy or other poisonous vegetation. Paper, cans, bottles, totaling more than 1 cubic foot within a landscaped area (trees and shrubs only) of 1,000 square feet. Limbs or parts of trees or shrubs that are split or broken which affect more than 25% of the total foliage of the tree or shrub. Trees or shrubs that have been blown down or knocked over. Trees or shrubs which are not adequately supported or are leaning over, causing exposure of the roots. No poisonous vegetation present in landscaped area. Area clear of litter. Trees and shrubs with less than 5% of total foliage with split or broken limbs. Tree or shrub in place free of injury. Tree or shrub in place and adequately supported; remove any dead or diseased trees. EXHIBIT~ PAGE~OF JDll 9 NO. 12 - ACCESS ROADSI EASEMENTS Condition When Maintenance is Needed Maintenance Component Results Expected When Maintenance is Perfonned Defect General Roadway free of debris which could damage tires. Road Surface Shoulders and Ditches Trash and Debris Blocked Roadway Settlement, Potholes, Mush Spots, Ruts Vegetation in Road Surface Modular Grid Pavement Erosion Damage Weeds and Brush Trash and debris exceeds 1 cubic foot per 1,000 square feet i.e., trash and debris would fill up one standards size garbage can. Debris which could damage vehicle tires (glass or metal). Any obstruction which reduces clearance above road surface to less than 14 feet. Any obstruction restricting the access to a 10 to 12 foot width for a distance of more than 12 feet or any point restricting access to less than a 10 foot width. When any surface defect exceeds 6 inches in depth and 6 square feet in area. In general, any surface defect which hinders or prevents maintenance access. Weeds growing in the road surface that are more than 6 inches tall and less than 6 inches tall and less than 6 inches apart within a 400- square foot area. Build-up of sediment mildly contaminated with petroleum hydrocarbons. Erosion within 1 foot of the roadway more than 8 inches wide and 6 inches deep. Roadway free of debris which could damage tires. Roadway overhead clear to 14 feet high. Obstruction removed to allow at least a 12 foot access. Road surface uniformly smooth with no evidence of settlement, potholes, mush spots, or ruts. Road surface free of weeds taller than 2 inches. Removal of sediment and disposal in keeping with Health Department recommendations for mildly contaminated soils or catch basin sediments. Shoulder free of erosion and matching the surrounding road. Weeds and brush exceed 18 inches in height or Weeds and brush cut to 2 inches hinder maintenance access. in height or cleared in such a way as to allow maintenance access. EXHI.ID.,T_ L PAGE.JLOF 111[ NO. 13- WATER QUALITY FACILITIES C.) Wetponds Maintenance Component Defect Condition When Maintenance is Needed Results Expected When Maintenance is Performed Wetpond Vegetation Trash and Debris Inlet! Outlet Pipe Sediment Accumulation. in Pond Bottom Oil Sheen on Water Erosion Settlement of Pond Dike/ Berm Rock Window Overflow Spillway Vegetation such as grass and weeds need to be mowed when it starts to impede aesthetics of pond. Mowing is generally required when height exceeds 18-inches. Mowed vegetation should be removed from areas where it could enter the pond, either when the pond level rises, or by rainfall runoff. Accumulation that exceeds 1 CF per 1000-SF of pond area. Inlet! Outlet pipe clogged with sediment and/ or debris material. Sediment accumulations in pond bottom that exceeds the depth of sediment zone plus 6-inches, usually the first cell. Prevalent and visible oil sheen. Erosion of the pond's side slopes and/ or scouring of the pond bottom, that exceeds 6-inches, or where continued erosion is prevalent. Any part of these components that has settled 4- inches or lower than the design elevation, or inspector determines dike/ berm is unsound. Rock window is clogged with sediment. Rock is missing and soil is exposed at top of spillway or outside slope. Vegetation should be mowed to 4 to 5 inches in height. Trees and bushes should be removed where they are interfering with pond maintenance activities. Trash and debris removed from pond. No clogging or blockage in the inlet and outlet piping. Removal of sediment from pond bottom. Removal of sediment from pond bottom. Slopes should be stabilized by using proper erosion control measures, and repair methods. Dike/ berm is repaired to specifications. Window is free of sediment and debris. Replace rocks to specifications. EXHIBIT ~ PAGE-=rLOF]4[ 9 APPENDIX A MAINTENANCE REQUIREMENTS FOR FLOW CONTROL, CONVEYANCE, AND WQ FACILITIES ----... NO. 20 - STORMFIL TER@ Maintenance Defect or Problem Condition When Maintenance Is Needed Recommended Maintenance to Component Correct Problem Media Section Sediment Sediment depth exceeds 0.25 inches. No sediment deposits that would Accumulation on impede permeability of the compost Media. media. Trash/Debris Trash and debris accumulated o'n compost filter Trash and debris removed from the Accumulation bed. compost filter bed. First Chamber Sediment Sediment depth exceeds 6 inches in first No sediment deposits in vault Accumulation chamber. bottom of first chamber. Drain Pipes Clean- Sediment When drain pipes, clean-outs, become full with Remove the accumulated material Outs Accumulation sediment and/or debris. from the facilities. NO. 21 - STORMFIL TER@ (CARTRIDGE TYPE) Maintenance Defect or Problem Condition When Maintenance Is Needed Recommended Maintenance to Component Correct Problem Compost Media Plugged Drawdown of water through the media takes Replace media cartridges. longer than 1 hour, and/or overflow occurs frequently. Short Circuiting Flows do not properly enter filter cartridges. Replace filter cartridges. Pipes Damaged Any part of the pipes that are crushed, damaged Pipe repaired and/or replaced. due to corrosion and/or settlement. Access Cover Damaged/Not Cover cannot be opened, one person cannot Cover repaired to proper working Working open the cover, corrosion/deformation of cover. specifications or replaced. Vault Structure Damage to Wall, Cracks wider than Yz-inch and any evidence of Vault replaced or repaired to design Frame, Bottom, soil particles entering the structure through the specifications. and/or Top Slab cracks, or maintenance/inspection personnel determines that the vault is not structurally sound. Damaged Pipe Joints Cracks wider than Yz..inch at the joint of any No cracks more than Y.-inch wide at inleUoutlet pipe or any evidence of soil particles the joint of the inleUoutlet pipe. entering the vault through the walls. Baffles Damaged Baffles corroding, cracking warping, and/or Repair or replace baffles to showing signs of failure as determined by specification. maintenance/inspection person. Access Ladder Damaged Ladder is corroded or deteriorated, not Ladder replaced or repaired and functioning properly, missing rungs, cracks, and meets specifications, and is safe to misaligned. use as determined by inspection personnel. .-.... EXHI~IJ_ f--.. PAGE~OF ___ 2005 Surface Water Design Manual - Appendix A 1/24/2005 A-17 APPENDIX D INFORMATION SHEET for AGREEMENT & PERFORMANCE/ MAINTENANCE BOND EXHIBIT (;. PAGE.:ziJ F ~ PUBLIC WORKS DEPARTMENT INFORMATION SHEET for AGREEMENT. PERFORMANCE/MAINTENANCE BOND Applicant: Nature of Applicant's Entity: (i.e. Corporation, General Partnership, Umited Partnership, Individual, etc.) State of Incorporation: (if applicable) Individual Signing on Behalf of Applicant: (Name) (Titie) Applicant's Phone: Fax Number: Applicant's Address: (Street) (Oty) (State) (ZIP) Project Name: Address: Permit Number: Bond Amount: Cash Deposit Amount: Bond Company: Bond Company Address: (Street) (Oty) (State) (ZIP) Bond Company Phone: Fax Number: Bond Company's State of Incorporation: Nature of Bond Principal's Entity: (i.e. Corporation, General Partnership, Umited Partnership, Individual, etc.) Bond Principal's Name: Title of Person Signing on Behalf of Bond Prindpal: Bond Principal's Address: (Street) (City) (State) (ZIP) EXHIBIT L-. PAGE.:Il..=OF jtb Information Sheet for Agreement & Performance/Maintenance Bond 1 Bond Principal's Phone: Fax Number: Property Owner's Name if Individual: Property Owner's Name if Proprietary Then: Spouse: Description of Work: Legal Description: k:\devtserv\dev stand manual\appendix - agree perm-maint bond forms.doc EXHIBIT {.... Information Sheet for Agreement: Performance/Maintenance Bond PAGE.lS--OF ~ APPENDIX E VICINITY MAP EXHIBIT ~ PAGE~OF ~ i D! ST --, >- i!E.(~ 3: :!lp .-4 :J: _.; r , R4 I ! )~ r~ i i I I ST ! ". ~'ij)' ~- ~ J an. or (tt-.--- ---\1:' -<- .... ...:.r....-.t. -":\.i;...........,.... 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OM40S\ \ APPENDIX G FLOW CONTROL & WATER QUALITY CALCULATIONS EXHIBIT V PAGE U OFJm. 06066 STEEL TIME SERIES LAKE CREST ENTRY KCRTS Command CREATE a new Time Series Production of Runoff Time Series Project Location : Sea-Tac Computing Series PREDEV1.tsf Regional Scale Factor: 1.00 Data Type : Reduced Creating Hourly Time Series File Loading Time Series File:C:\KC SWDM\KC DATA\STTF60R.rnf Till Forest 5.89 acres Loading Time Series File:C:\KC_SWDM\KC DATA\STTG60R.rnf Till Grass 0.19 acres Loading Time Series File:C:\KC_SWDM\KC_DATA\STEI60R.rnf Impervious 0.54 acres Total Area 6.62 Peak Discharge: 0.717 CFS at acres 6:00 on Jan 9 in Year 8 Storing Time Series File:PREDEV1.tsf Time Series Computed KCRTS Command Enter the Analysis TOOLS Module Analysis Tools Command Compute PEAKS and Flow Frequencies Loading Stage/Discharge curve:predev1.tsf Flow Frequency Analysis Time Series File:predev1.tsf Project Location:Sea-Tac Frequencies & Peaks saved to File:PREDEV1.pks Analysis Tools Command RETURN to Previous Menu KCRTS Command CREATE a new Time Series Project Location : Computing Series Regional Scale Factor Data Type Production of Runoff Time Series Sea-Tac DEV1.tsf 1. 00 Reduced EXHID~T_ ,I., PAGE~OF~ .. Record I.doc Creating Hourly Time Series File Loading Time Series Till Grass 3.07 acres Loading Time Series Impervious 3.55 acres File:C:\KC SWDM\KC DATA\STTG60R.rnf File:C:\KC SWDM\KC DATA\STEI60R.rnf - - Total Area 6.62 Peak Discharge: 2.33 CFS at acres 6:00 on Jan 9 in Year 8 Storing Time Series File:DEVl.tsf Time Series Computed KCRTS Command Enter the Analysis TOOLS Module Analysis Tools Command Compute PEAKS and Flow Frequencies Loading Stage/Discharge curve:devl.tsf Flow Frequency Analysis Time Series File:devl.tsf Project Location:Sea-Tac Frequencies & Peaks saved to File:DEV1.pks -Of('- EXHIBIT L PAGE!lilOf]l)1> 2 Record I.doc 06066 STEEL LAKE CREST PREDEVELOPED BASIN Flow Frequency Analysis Time Series File:predevl. tsf Project Location:Sea-Tac ---Annual Peak Flow Rates--- -----Flow Frequency Analysis------- Flow Rate Rank Time of Peak - Pea ks Rank Return Prob (CFS) (CFS) Period 0.473 2 2/09/01 15:00 0.717 1 100.00 0.990 0.220 7 1/05/02 16:00 0.473 2 25.00 0.960 0.430 3 2/28/03 3:00 0.430 3 10.00 0.900 0.139 8 8/26/04 2:00 0.419 4 5.00 0.800 0.257 6 1/05/05 8:00 0.382 5 3.00 0.667 0.419 4 1/18/06 16:00 0.257 6 2.00 0.500 0.382 5 11/24/06 4:00 0.220 7 1. 30 0.231 0.717 1 1/09/08 6:00 0.139 8 1.10 0.091 Computed Peaks 0.635 50.00 0.980 EXHlB1T_ L PAGED-OF -lOO- Created on 6/22/2007 9; 19 AM PREDEV1.pks 06066 STEEL LAKE CREST DEVELOPED BASIN Flow Frequency Analysis Time Series File: devl . tsf Project Location:Sea-Tac ---Annual Peak Flow Rates--- -----Flow Frequency Analysis------- Flow Rate Rank Time of Peak - Peaks Rank Return Prob (CFS) (CFS) Period 1.14 6 2/09/01 2:00 2.33 1 100.00 0.990 0.898 8 1/05/02 16:00 1. 37 2 25.00 0.960 1. 37 2 2/27/03 7:00 1. 37 3 10.00 0.900 0.942 7 8/26/04 2:00 1. 20 4 5.00 0.800 1.14 5 10/28/04 16:00 1.14 5 3.00 0.667 1. 20 4 1/18/06 16:00 1.14 6 2.00 0.500 1. 37 3 10/26/06 0:00 0.942 7 1. 30 0.231 2.33 1 1/09/08 6:00 0.898 8 1.10 0.091 Computed Peaks 2.01 50.00. 0.980 EXHIBIT ~ PAGE-!A.OF ..lei( Created on 6/22/2007 9:23 AM DEVl.pks 06066 STEEL LAKE CREST Retention/Detention Facility POND 1 Type of Facility: Side Slope: Pond Bottom Length: Pond Bottom Width: Pond Bottom Area: Top Area at 1 ft. FB: Effective Storage Depth: Stage 0 Elevation: Storage Volume: Riser Head: Riser Diameter: Number of orifices: Orifice # Height (ft) 1 0.00 2 3.75 Top Notch Weir: Outflow Rating Curve: Detention Pond 3.00 H:1V 94.76 ft 47.38 ft 4490. sq. ft 10903. sq. ft 0.250 acres 5.00 ft 100.00 ft 34609. cu. ft 0.795 ac-ft 5.00 ft 12.00 inches 2 Diameter (in) 2.31 1. 86 None None Full Head Discharge (CFS) 0.325 0.105 4.0 Pipe Diameter (in) Stage Elevation Storage Discharge Percolation Surf Area (ft) (ft) (cu. ft) (ac-ft) (cfs) (cfs) (sq. ft) 0.00 100.00 O. 0.000 0.000 0.00 4490. 0.02 100.02 90. 0.002 0.023 0.00 4507. 0.05 100.05 226. 0.005 0.032 0.00 4532. 0.07 100.07 316. 0.007 0.039 0.00 4550. 0.10 100.10 453. 0.010 0.045 0.00 4575. 0.12 100.12 545. 0.013 0.050 0.00 4593. 0.14 100.14 637. .0.015 0.055 0.00 4610. 0.17 100.17 776. 0.018 0.060 0.00 4636. 0.19 100.19 869. 0.020 0.064 0.00 46')3. 0.29 100.29 1338. 0.031 0.079 0.00 4""i O. 0.39 100.39 1817. 0.042 0.091 0.00 48~8. 0.49 100.49 2304. 0.053 0.102 0.00 4916. 0.59 100.59 2800. 0.064 0.112 0.00 5005. 0.69 100.69 3305. 0.076 0.121 0.00 5095. 0.79 100.79 3819. 0.088 0.129 0.00 5186. 0.89 100.89 4342. 0.100 0.137 0.00 5277. 0.99 100.99 4874. 0.112 0.145 0.00 5369. 1. 09 101.09 5416. 0.124 0.152 0.00 5462. 1.19 101.19 5967. 0.137 0.159 0.00 5556. 1. 29 101.29 6527. 0.150 0.165 0.00 5650. 1. 39 101.39 7097. 0.163 0.172 0.00 5745. 1. 49 101.49 7676. 0.176 0.178 0.00 5840. 1. 59 101.59 8265. 0.190 0.183 0.00 5937. 1. 69 101.69 8863. 0.203 0.189 0.00 60,3 4 . 1.79 101. 79 9472 . 0.217 0.195 0.00 6132. EXHIBIT L PAGE~Oc OF -UL 1. 89 101.89 10090. 0.232 0.200 0.00 6230. 1. 99 101.99 10718. 0.246 0.205 0.00 6329. 2.09 102.09 11356. 0.261 0.210 0.00 6429. 2.19 102.19 12004. 0.276 0.215 0.00 6530. 2.29 102.29 12662. 0.291 0.220 0.00 6631. 2.39 102.39 13330. 0.306 0.225 0.00 6734. 2.49 102.49 14008. 0.322 0.229 0.00 6836. 2.59 102.59 14697. 0.337 0.234 0.00 6940. 2.69 102.69 15397. 0.353 0.239 0.00 7044. 2.79 102.79 16106. 0.370 0.243 0.00 7149. 2.89 102.89 16826. 0.386 0.247 0.00 7255. 2.99 102.99 17557. 0.403 0.251 0.00 7362. 3.09 103.09 18299. 0.420 0.256 0.00 7469. 3.19 103.19 19051. 0.437 0.260 0.00 7577. 3.29 103.29 19814. 0.455 0.264 0.00 7685. 3.39 103.39 20588. 0.473 0.268 0.00 7795. 3.49 103.49 21373. 0.491 0.272 0.00 7905. 3.59 103.59 22169. 0.509 0.275 0.00 8015. 3.69 103.69 22976. 0.527 0.279 0.00 8127. 3.75 103.75 23466. 0.539 0.281 0.00 8194. 3.77 103.77 23630. 0.542 0.283 0.00 8217. 3.79 103.79 23794. 0.546 0.286 0.00 8239. 3.81 103.81 23959. 0.550 0.290 0.00 8262. 3.83 103.83 24125. 0.554 0.296 0.00 8284. 3.85 103.85 24291. 0.558 0.303 0.00 8307. 3.87 103.87 24457. 0.561 0.311 0.00 8329. 3.89 103.89 24624. 0.565 0.320 0.00 8352. 3.91 103.91 24791. 0.569 0.324 0.00 8375. 4.01 104.01 25634. 0.588 0.338 0.00 8488. 4.11 104.11 26489. 0.608 0.351 0.00 8603. 4.21 104.21 27355. 0.628 0.361 0.00 8718. 4.31 104.31 28233. 0.648 0.372 0.00 8834. 4.41 104.41 29122. 0.669 0.381 0.00 8951. 4.51 104.51 30023. 0.689 0.390 0.00 9068. 4.61 104.61 30936. 0.710 0.399 0.00 9186. 4.71 104.71 31860. 0.731 0.407 0.00 9305. 4.81 104.81 32797. 0.753 0.415 0.00 9425. 4.91 104.91 33745. 0.775 0.423 0.00 9545. 5.00 105.00 34609. 0.795 0.430 0.00 9654. 5.10 105.10 35580. 0.817 0.745 0.00 9776. 5.20 105.20 36564. 0.839 1.320 0.00 9898. 5.30 105.30 37560. 0.862 2.050 0.00 10021. 5.40 105.40 38568. 0.885 2.850 0.00 10145. 5.50 105.50 39589. 0.909 3.140 0.00 10269. 5.60 105.60 40622. 0.933 3.400 0.00 10395. 5.70 105.70 41668. 0.957 3.640 0.00 10521. 5.80 105.80 42726. 0.981 3.870 0.00 10647. 5.90 105.90 43797. 1.005 4.080 0.00 10775. 6.00 106.00 44881. 1.030 4.280 0.00 10903. 6.10 106.10 45978 . 1.056 4.470 0.00 11032. 6.20 106.20 47088. 1.081 4.650 0.00 11161. 6.30 106.30 48210. 1.107 4.830 0.00 11291. 6.40 106.40 49346. 1.133 5.000 0.00 11422. 6.50 106.50 50495. 1.159 5.160 0.00 11554. 6.60 106.60 51657. 1.186 5.320 0.00 11687. 6.70 106.70 52832. 1.213 5.470 0.00 11820. 6.80 106.80 54021. 1.240 5.620 O'~)(til~l1r 11954~ 2 PAGE.ftL.OFfIl) 6.90 106.90 55223. 1.268 5.760 0.00 12088. 7.00 107.00 56438. 1. 296 5.900 0.00 12224. Hyd Inflow Outflow Peak Storage Target Calc Stage Elev (Cu-Ft) (Ac-Ft) 1 2.33 ******* 1. 58 5.24 105.24 36922. 0.848 2 1.14 ******* 0.73 5.10 105.10 35540. 0.816 3 1.13 0.43 0.43 5.00 105.00 3460l. 0.794 4 1. 20 ******* 0.41 4.78 104.78 32561. 0.747 5 1. 37 ******* 0.38 4.42 104.42 29194. 0.670 6 0.71 0.26 0.26 3.31 103.31 19968. 0.458 7 0.90 ******* 0.21 2.05 102.05 11125. 0.255 8 0.94 ******* 0.20 1. 82 101.82 9664. 0.222 EXHIBIT L. PAGE~OF 16L Created on 6/22/2007 9:26 AM 3 POND I. doc \C \C = \C = ~ E- U r:;~ oz :a:::~ ~E- I;;;J E-O oo:a::: ~E uZ ~a: -< ~ ~ ~ ~ E- 00 ,.... ~NN - -.- -- '" ..... <Xl o ri 0 CXI 0 OCONe"-- NC1\ri\D 0'\0'\.-t0'\ N.......... MC"'>...-lOJ\.Or-lO ,....,.:.,. M N ~ N o-cpiooo_oo :~::~:= *,.** .** :p*:O!! = !: di ... ..... ..... ..... \OMLnN~ N """U')\D,....CC <.) o "0 N N ;g r- j .5 :; ~ "0 C o ~I \0 \0 o \0 o i> .g <l .... .. .<l .., <l o . ..... .<l '" '" H 8' H -c >- :t:l <l o ... .., '" ~ .., .... H o .... I? III ... '" " ... ~ ] .... '0 N ~ EXHIBIT ~ PAGE!G...OF ~ '" .... il' .., In <J 0 '0 cr ~ t.I.. ~ 0 0) ti:1 0 . 0) 'D 0 'D """" ~ 0 00 0) 0 l,() . l,() 0) 0 N '0 ~ ~> . 0) \C 0 = """" ~ "0 = 0 'C =It == <D 0 0... . 00 ~ ~ El,() U ~ ::J Q) 0 e; a:: r-- g ~ . 0 :.a > 0 ro =: <0 .0 U 0 ~ l- ll.. I Z 0 Q) ~ . l,() > +:l ~ ro 00 ;;J N "'5 01 0 E ~ -.;t ::J ~ U U 0 ~ <:"') ~ ~ . -< 0 0 N ~ ~ ~ ~ ~ ~ 0 ~ " . 00 !~:i 1- i'j) '1.' Ii) .!2 l,() C. 0.. N ... , ... o """" o ..... """" 0 o ~ ~ I' ~ ~~~~OF ~~ (5.:1:>) e6Je4:lS!O SECTION 3.2 RUNOFF COMPUTATION AND ANALYSIS METHODS FIGURE 3.2.2.A RAINFALL REGIONS AND REGIONAL SCALE FACTORS ,---.- ST 1.1 -5 IT E. ST 1.1 LA 1.0 LA 1.2 " 8NOHOMISH COUNTY KINO C,O'UJiTY .-. ST 1.0 Rainfall Regions and Regional Scale Factors o It..'Z1 Incorporated AreaO ....... River/lakeD - Major RoadO o EXHlaIT_ l.. PAGEli.OF -..lOll .~ 1I24/2005 2005 Surface Water Design Manual 3-22 .....--..., King County Department of Development and. Environmental Services TECHNICAL INFORMATION REPORT (TJR) WORKSHEET Part 1 PROJECT OWNER; AND PROJECT ENGINEER Project Owner PLAT G~ou P STfEL LAK[ 50(.1..(7 78fA, Avt= r Address ':'> (f:Dr-t'AC Lv"'!. ("vA. Q800J Phone ('253,) qVb - ?/5'1 Proj~ Engineer tfAAJT ~(' Hl .JEI K '- Company :;C/(uJEIKL E( ASfor Pt.LC AddresslPhone -rA("o~,4, W ^ 2 5'.3 \ 2 12 4 '-{ S , ;;:=S:~N~F:g~Mrr Subdiviso ------" Part2 PROJECT LOCATJONAND 'DESCRIPTION Project Name 5"ff"L (lIKE CI?E'rr Location Township Range .............Section 2-1 JJ fJ E 9 Part:4 OTHER REVIEWS AND PERMITS ,----- Short Subdivision Grading Commercial Other DFW HPA COE 404 DOE Dam Safety FEMA Floodplain COE Wetlands . Shoreline Manag;,nenT) '- ..... '\ Rockery EYEM,CJ T Structural Vaults ~ ~~f'fA --" \ DOC jVPtJE5 . . , PartS SITE COMMUNITY AND DRAINAGE BASIN Community Cr t'f t!) f':' f'i Of[ll\'\, WI' \1 I, OFF -Sr7F { W[:f1 J /-('FOONOO CF/V7p.l.L- fJv6{'; T ~OI..M"~ Drainage Basin Z tfJu f tiF (" r Ar f \ fIl CR G re.[r Plvi'?_ - I ll... fU< .. J Part 6 SITE CHARACTERISTICS River ------ Stream Critical Stream Reach Depressions/Swales Lake 20 0 "jL, (t E. n LA f:= !E Steep Slopes So ~ IUAAJ"1<idL -c1~p'I .pYCPPdri!<>, Lfo% oJ Floodplain Wetlands Seeps/Springs High Groundwater Table Groundwater Recharge Other I'orlu.... bO<..l;,rdo./ slr,le f. 01..<) ..z~ -'5; , EXHIBIT L.. JcL PAGE!iLOF --- ~ .---" Part 10 SURFACE. WATER SYSTEM Grass Lined Tank Infiltration Method of Analysis Channel Vault Depression -KCf2,.r /l5ip;System .J Energy Dissapator Aow Dispersal CompensationIMitigati -...-------~_._.$.,.---~ on of Eliminated Site Open Channel Wetland Waiver Storage Dry Pond . Stream Regional ~) Detention '~-~ Brief De~cription of System Operation IJN </Tt KC/AJOEI cOLI. En F 0 ~ I~"V Ijf'jlt " 70 t),AJ C 17' e ?OlUtJ 1'0 f?- /lJIrTft. () t.!MI7Y If{' f)ETA !vFo l?ltf/4( If Facility Related Site Limitations Reference Facility Limitation rO/{J P AI:,> N e. :) ParM:t.. smUOTORl\LANALYSIS .. Partt2. 'EASEMENTSlTRACTS Cast in Place Vault ~ ~ I~ PcuC) D R"'"ockery> 4' High Structural on Steep Slope Other D..ai~~ge' Easemen~i - p t I V ~ I (' ~r ~ '. ......... . ....__....--/ dfa'/I"';j~ Access Easement Native Growth Protection Easement Ifra(;t, ~ 5 JO rA L / -r Lo.", 01 J. ("~f1 ~ -fIN.r ./ \..~_.<./ I iJE;){::S 'TR(4A/ I'ATtf, 16,j,."'"!tJ.... p.1> ..,) (--other) , ~I ,;Ir t' 0//"1 &ArFill/E,v r Part13 SfGNATUREOF PROFESSIONAL ENGINEER I or a civil engineer under my supervision my supervision have visited the site. Actual site conditions as observed were incorporated into this worksheet and the attachments. To the best of my knowledge the information provided here is ac EXHIBIT ~ PAGEi{LOF ~ KING COUNTY. WASHINGTON. SURFACE WATER DESIGN MANUAL STORMW A TER FACILITY SUMMARY SHEET STERU-'~lf: ~?;T Date 5/2-3/08 ?/Ob4--Z ~.thAlJ~>VLtc 5, , ~'~.P.AL~W~"1J WA. 1~?:;; , -' Development Location ENGINEER Name Firm Address Phone 72- Developed Site: Acres ?, b 7 Phone Number of lots 28 Number of detention facilities on site: Number of infiltration facilities on site: f ponds -'2- ponds o vaults --'L- vaults o tanks ~~ Flow control provided in regio~ facility (give location) Nffr No flow control required NJ A: Exemption number _ ~ (A Downstream Draina e Basins D Basin A Basin B Basin C Basin D Number & type of water quality facilities on site: o biofiltration swale (regular/wet/ or continuous inflow?) ~ combined detentionJWQ pond (WQ portion basic or large?) b i v combined detentionlwetvault C> compost filter (;> filter strip o flow dispersion D farm management pian o lanc.cape management plan o oil/water separator (baffle or coalescing plate?) o catch basin inserts: Manufacturer ' ----2- sand filter (basic or large?) ~ sand filter. linear (basic or large?) --'L sand filter vault (basic or large?) .-.CL. stonnwater wetland ~ wetpond (basic or large?) ---'L- wetvault C> pre-settling pond o pre-settling structure: Manufacturer o flow-splitter catdibasin DESIGN INFORMATION A nd Vr -z.o *-** ~)(~~Pr .( 5:},)\,:-" 1998 Surface Water Design Manual 1 D O. ,;)'Z7 C -- KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL DESIGN TOTAL INDIVIDUAL BASIN INFORMATION, cont'd Drainage basin(s) A B C D --. Onsite area tP,b7~ Offsite area ~t:01;~ Tvoe of Stora2e Facility ~..H~ 'R.l-' I') 'A. Live Storalle Volume . ':b4t t.6Q ;1'1- r--. (Jr Prcdevelooed Runoff Rate 2-vear I") ; ? f:{1 100vear D,~O -?l . l00-vear 0.7'7 0/ Develooed runoff rate 2-vear 1ft, f-=\ 10-vear I~' ~\ l00-vear .z, " ~ -if Tvoe of restrictor ;::: \ Size of orifice/restriction No.1 ..z., -?J I lid \ No.2 I, 91b "(!J -7/ No.3 - ~ No.4 - J FLOW CONTROL & WATER QUALITY FACn..ITY SUMMARY SHEET SKETCH All detention, infiltration and water quality facilities must include a sketch per the following criteria: 1. Heading for the drawings should be located at the top of the sketch (top right-hand comer). The heading should contain: · North arrow (point up or to left) · Plat name or short plat number · Date drawn (or updated) . 09#_ · Address (nearest) · Thomas Brothers page, grid number Label CBs and MHs with the plan and profile designation. Label the control structure in writing or abbreviate with C.S. Indicate which structures provide spill control. 3. Pipes- indicate: Pipe size Pipe length Flow direction Use s single heavyweight line 4. Tanks- use a double, heavyweight line and indicate size (diameter) S. Access roads · Outline the limits of the road · Fill the outline with dots if the road is gravel. Label in writing if another surface. 6. Other Standard Symbols: · Bollards: . ... .... · Rip rap 000000 000000 Fences -x--x--x--x-x-x- · Ditches -o---D---o---D 7. Label trash racks in writing. \ ? J B'}6 ~'11\(.., 8. Label all streets with the actual street sign designation. If you don't know the actual street name, consult the plat map. 9. Include easements and lot lines or tract limits when possible. 10. Arrange all the labeling or writing to read from left to right or from bottom to top with reference to a properly oriented heading. 11. Indicate driveways or features that may impact access, maintenance or replacement. EXHIBIT \, PAGE 1'lOF-,-"- ~* ~G6g ~'f= l=-(<:b'tv\. ~TI:f.l.. Urk.t: ~gT ~ 1.:c,!ii?:rr;;;1 C!.;..c-'S ! l'l :::." (' '/';~~ b.b-z.. tre-, D.o 5 A-c- or 'Fo;ll...~ sr 14m Irb.l) 1!..C> '(0 (7c>71-! /3XLS(tNG tb [)EV~t..-~PF D ~/;<f5p llilt__I_ /"I.b, IrF?l;c;r F'RhLU.A..IN Itp..y .. 9/1/98 R--tJw Ci)~'- c./r.t.c 'S. ,4-vVTlloN vue.. ;,U.fI.,VE'1. J 1998 Surface Waler Design Manual f<1?:-\kS/6;V 7U IvI/L-fTltfJ..'f fl,p, G~ 2 RIGHT-oF-Wit"!. - .. to/I.lIOI'" !lJDl II OJ. II ICIU.\'"MWO J..JIlU.I CIIIM... ~ :If - W. IIz IICO ~= .. !; G>= I ~~I ~ I!; C!J (.) ~! ~. -" W!ll~ Il ~ =: ~ ~J. :5 !- ~. .... ....;! . 1&1 0 IIC ~~I CI) !II II. !I!; !i& ! 2 c .. ~~ --:l"lillI 1:1J1fii}1. r....=.. -=-- :mi.~" .. .. .al la. sl 11111 I !;i~ !;it I;i~ ~iifi I iiIi I lib III. sib I :!~ 0, " m, nt...., nt ~ iiii Do i i i ~ iiii ....(rcz) IdlIDVlNtVII ~ ___'J..1flIIBI'IUIII~"'MI' ~~I ~II .-1............ :.-.0 ~~ IDDlI8 llI'II:lY:lIlUYMlI018 A~ ,LSJH:) am '1DLS I' I I In ~ ~: .,b t! ..... · R i i \ ~ ~~~~~ i.~!i ! ~ n" m ihd m !.IIH I II t- ~ g 111I1 a;i In: ~ ~ if ~ , IE iiiii M il!l.. f II~ ~ ~ wif ~ I lI!llil ell!!sl ~ Jill ~ ~ i~ ~ 11m I In b ~d;b II III if i%1 ~ij I i!;I~ Idllh I ~ w 'Iw = i i g l!s I! Iii I ND oi ! i. jj ~ I Iii i !!!! ~ I~ ~ I.... j:!jj U ; ~llilg ~ ~ II lD 1111 ~ > ~. I I 1;1 IiI! . z==='\ .! ~ 1II1 J -it. I ~-~-. ~ II : j j . rr (J liil a 'II. , II. I ~d a 111.1 Ii; : I g! J: g!, . ~ -II/I I)lto;:>!" I ;/ I. I 11" ~ I' r I / -!"--' \ r / '" ,J.r L, -1 ~I;i. i I;~I i Q ~D ~u fl o -' ~ ~ ;~ ~ z~ >C >CM E E ... a: i '" II 1;1 ill~. .~~~ !IIi I \&i o ~ ~ ~ ~. I ~ d c;, 0 ~~ 8 ~ Vid 0<;'80T 80' z/<; '1~<;-130 '5MP'U<; 130-^3~-99090\ClMa\99090\tOO1: sp' puo~I\:Cl 31405 18th Ave. So. Federal Way, WA 98003-5433 Tel 253.945.2000 ~..1 m Federal Wav Federal Way Public Schools www.fwps.org RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT January 31, 2008 FEB 0 1 2008 City of Federal Way Deb Barker Department of Community Development POBox 9718 Federal Way WA 98063-9718 Dr- C038Rr -fJ(V91A RE: Steel Lake Crest 06-1 06494-PC Dear Ms. Barker, The Federal Way School District recently received information on Steel Lake Crest, a proposed 29-lot subdivision. The project is located east of 28th Ave S and north ofS 308th ST. Under current boundaries Wildwood Elementary, Sacajawea Middle School and Federal Way High School service areas. School service areas are reviewed each year and necessary boundary changes may be made to accommodate enrollment increases. Students living in this area receive school bus transportation to Wildwood Elementary and Sacajawea Middle School. Under current boundaries students would walk to Federal Way High. Bus stops are reviewed annually as student transportation needs change. The closest stop for Wildwood Elementary is on 28th Ave S at S 310th ST. The closest stop for Sacajawea Middle School is on 28th Ave S at S 311th ST. . Student safety must be considered for all students who would walk to the schools and to school bus stops from this development. Sidewalks and other planning features that assure safe walking conditions for students are factors the district must consider as we comment on development within our service areas. We ask the developer to prepare a "School Access Analysis" to the elementary, middle school and high school from this proposed development. Attached are guidelines for preparing this analysis. The most recent Federal Way School District Capital Facilities Plan indicates a student yield of .7060 from new single-family housing. This development could add 20 to 21 new students. These are averages only; the actual number of students may vary. This may create a need for additional space, equipment and. staff. 'This impact is mitigated by the collection of impact fees. The District appreciates the opportunity to comment on this proposed development. Sincerely, /" /;. / ~ vr./~./- ~ri Walker Enrollment Analyst c Sally McLean, Chief Financial Officer David Remman, Safety Officer Cindy Wendland, Transportation Director School Principals EXHIBIT PAGE \ lV\ OF ~ Steel Lake Crest. doc School Access Analysis New development creates a need for analysis of student pedestrian safety. The Federal Way School District would prefer an analysis of walking paths to schools and bus stops from new subdivisions be prepared by the developer prior to final comments on impacts. Generally a walking route should be planned to assure that school-age pedestrians from a neighborhood: · Cross the fewest number of streets to reduce vehicle-pedestrian exposures · Walk on sidewalks or paths where available; · Walk the shortest possible distance on streets without sidewalks or wide shoulders; · Walk on the left side of the road facing traffic on streets where practicable; · Avoid high speed, high volume roads and roads with high truck volume. · Make maximwn use of protective techniques (traffic control devices, existing crossing guards and school patrols.) · Use easements with walkways through parks or other available areas where student safety is maximized. Walkways and paths must be cleared of vegetation for maximwn visibility. The analysis of walking paths to schools and school bus stop locations from a new subdivision should include the following information: . School location · Description of sidewalks, pedestrian paths and shoulders including: ~ condition and width of shoulder and sidewalks; ~ whether shoulders are paved, gravel or grass, or non-existent; ~ whether sidewalks and pathways are immediately acljacent to the traffic lanes or are separated by a planting strip or other means from moving traffic; and ~ the location of drainage or irrigation ditches. . Location of all crosswalks, including type of crossing protection offered; · Medians, pedestrian refuge islands and other pedestrian safety features; · Posted speed limits and warning signs, especially all 20 mph school speed limit zones; · All stop and yield signs; · Traffic signals including presence of marked. crosswalks and pedestrian signal indication. Traffic signal timing and phasing for pedestrian crossing. · Major sight line obstructions as measured from the height of children. . Bicycle lanes or paths. · Other relevant pedestrian safety factors observed. EXHIBIT ~ PAGE~OF ~ -~ Schweikl & Associates, pllc Civil Engineering, Project Management and Consulting 705 S. 9th St, Suite 303 Tacoma, WA 98<105 Phone: (253) 2n-4451 Fax: (252) 2n-4495 May 8, 2007 Geri Walker Federal Way Public Schools Educational Service Center 31405 18th Avenue South Federal Way, Washington 98003 Project: Steel Lake CreSt- File #06-106494-00-PC .AI Project No.: 06066 RE: School Access Analysis Dear Ms. Walker, The following School Access Analysis pertains to the Steel Lake Crest Plat, File #06- 106494-00-PC, located at 30642 28th Avenue South. The purpose of this analysis is to provide a safe passage for the potential school-age pedestrians from the new development to the schools serving the area. Those schools are Wlldwood Elementary School, located at 2405 South 300th Street, Sacajawea Junior High School, located at 1101 South Dash Point Road, and Federal Way High School, located at 30611 16th Avenue South. School bus service is provided to Wildwood Elementary School and Sacajawea Junior High School. The proposed Steel Lake Crest development is within the one mile walking radius of Federal Way High School, and no bus service will be offered. Therefore a safe walking route to Federal Way High School must be developed paying particular attention to already huilt sidewalks and safety. This letter is thus the developer's written response to satisfy the Federal Way School District's requirement for an analysis of walking paths to schools and bus stops from new subdivisions. In regard to a new development in the Federal Way School District area and the preference of walking paths to both bus stops and schools we have found a safe resolution. Establishing our starting point at 30642 28th Avenue South, directly in front of the develogment, we found the path to the bus stop at the comer of 28th Avenue South and South 310 Street for Wildwood Elementary School consisted of an asphalt road and 6 feet of additional asphalt for the shoulder extending from the white barrier line. The area is relatively flat and includes a drainage ditch at the edge of shoulder, which is present on the majority of the walk. This ditch averages ~ - I ~ ft. deep and is hidden while driveways and side roads cover it. Various plants and fauna are present as well, overhanging the shoulder occasionally, but not likely to cause a problem. Similarly, the other concerned bus stop at 28th Avenue South and South 311th Street rRSQEWED EXHIBIT tJ JUt. 1 6 2007 PAGE~OF ~06066~BUILO' AL WAY . ING DEPT. Sacaj~we~ Junior High School has similar attributes. The 6 feet of shoulder WQug th~ road IS still present as well as the drainage ditch of 1 ~ feet deep. On the other hand, when walking towards this bus stop you will encounter fewer branches overhanging the shoulder, but a lot more shrubbery off of it. Concernin~ a route for students walking to Federal Way High School, we have found that South 312 Street will be a safer route to walk to school then South 304th Street. When walking past the previous bus stops, south towards S 312th St, you will notice the same 6 foot asphalt shoulder and the same I ~ feet deep ~e ditch as mentioned before. As you encounter the intersection of S 312th St and 28th Ave S, you will find yourself at the Steel Lake Maintenance Facility, as its driveway is one of the roads of this intersection. This intersection is a 4-way stop, consisting of stop signs in all directions, with sidewalks located on the southern part of 28th Ave S and one that crosses S 312th St, each with a pedestrian warning sign. First, you must cross the entrance of the maintenance facility where there is no crosswalk and then you will find yourself at a 6 inch gutter sidewalk. that's 7 feet wide stretching down 28th Ave S. There you must cross 28th Ave S using its associated crosswalk and end up traveling west on S 312th St. There you will find that the shoulder is now 6 ~ feet wide from the white gore stripe to the edge of the asphalt paving. There is another 7 ~ feet of gravel and small branches to the left of shoulder before you will encounter a drainage ditch which ranges from 5 in. to 1 ~ ft. in depth as it makes it's way downhill towards Pacific Highway South. At the Steel Lake Annex entrances, there are stop signs for the vehicular traffic associated to these roads, but no pedestrian crosswalks present as you must cross these to continue your way. Upon reaching the bottom of the hill you will approach a roadside barrier extending approximately 97 feet and constraining shrubbery and fauna which extends about another 200 feet after the barrier. Here the white barrier line turns into reflectors that are placed every 4 ~ feet from each other. At that location a 6 inch high curb with a 12 foot wide sidewalk begins. The sidewalk has planted trees in it every 3-25 ft. along the curb side of it and is 6 feet from the reflector line. Next you will approach the intersection of S 312th St and 23rd Ave S. This is a 3-way intersection, is regulated with traffic lights, crosswalks on all roads and the reflector line stops. There you must cross 23rd Ave S and the signal allows a fair amount of time to cross this street (about 10 sec.). This sidewalk consists of plants and trees laid out like the previous one, but they are now spaced every 10-35 ft. There is a fence 2 feet outside of the sidewalk with a rock ledge emerging at the edge of sidewalk. raising the fence 3-2 feet as it diminishes upon arriving at the next intersection. The intersection ofS 312th St and 20th Ave S is a 4-way intersection and is regulated with traffic lights, and crosswalks on all roads. This one however comes equipped to help the sight impaired with "beeps" and says what road you are going and which direction. This sidewalk continues the rock ledge for approximately 26 feet and continues with plants and trees in the same manner as the previous sidewalk. Then three, 20 foot long shade awnings have been built on the edge of the side walk. They are connected with a unique ground layout of concrete slabs. You must then cross a back entrance to Wal-mart to which there is a stop sign but no crosswalk and continue on your way towards the intersection with Pacific Highway South. EXHIBIT N 2 PAGE ,.. OF ~IAnalysis.doc This intersection of Pacific Highway South and S 3I2th Street is very busy. It is a 4-way intersection. is regulated with traffic lights and also comes equipped with helping the sight impaired. You must cross Pacific Highway So~ then heading north cross S 312th Street. Here you will find yourself on an S ft. wide curbed and guttered sidewalk with a 5 ft. wide planting strip of trees and grass. This continues for approximately 100 feet till you reach a parking lot entrance. There it changes to a 5 feet wide sidewalk stretching for about 110 feet and is roughly 12 feet from the white barrier line. Then, the sidewalk stops and you are 12 feet from the white barrier line right next to immediate parking extending about 70 feet. This then leads to an S feet wide curbed and guttered sidewalk with a 5 feet planter strip of ivy which is about 12 feet from the white barrier line and stretches about 100 feet. The sidewalk then stops and you are then left alone with 12 feet to the white barrier line and a gravel area about 70 feet long by 9 feet wide. This leads to a large 50 feet asphalt comer at Pacific Highway South and S 30Sth Street, the last intersection before the school This intersection is a 4-way, regulated with traffic lights, crosswalks on all roads, but is not equipped with sight impaired equipment. You then cross S 30Sth St and you will end up on Federal Way High School grounds and there is a concrete pathway leading directly to the school and its entrance. . The streets associated with this path have moderate to high density traffic on them, but this section of Pacific Highway South is commonly known as having very high levels. The posted speed limits of 312th Street and 2Sth Avenue are both 35 mph, on Pacific Highway South it is 45 mph. 1'hele are no bicycle lanes or any paths to help in safety in this route, any sight obstructions, or any other pedestrian safety features. n~ Brant A. Schweikl, P.E. Managing Member cc: Steel Lake Plat Group, Project Owners EXHIBIT ~ PAGE ~ OF ~ 3 06066_School Analysis.doc @) King Connty Dept. of Development and Environmental Services Building Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 (206) 296-6600 ITY (206) 296-7217 Alternative formats available upon request King County Certificate of Sewer Availability L -LJ 1 This certificate provides the Seattle King County Department of Public Health and the Department of Development and Environmental Services with information necessary to evaluate development proposals. I Do""'.... ~ tho "'" number name Cl o Building Permit o Short Subdivision 'p( Preliminary Plat or PUD o Rezone or other Sewer agency information: 1. 0 a. Sewer servicecNI;be provided by side sewer connection only to an existing size sewer feet from the site and the sewer system has the capacity to serve the proposed use. )( OR b. Sewer service will require an improvement to the sewer system of: ./' Jll (1) t feet of sewer trunk or lateral to reach the site; and/or tt (2) The construction of a coli . ion system on the site; and/or,/' o (3) other (describe) 2. Jzl. a. OR 0 b. 3. )( a. OR 0 b. The sewer syst~m improvement is In conformance with a County approved sewer comprehensive plan""'-- The sewer system improvement will require a sewer comprehensive plan amendment. The proposed project is within the corporate limits of the district or has been granted Boundary Review/' Board approval for extension of service outside the district or city. Annnexation or Boundary Review Board (BRB) approval will be necessary to provide service. 4. Service Is subject to the following: a. Connection charge: ""("0 ISG' (:Pr.l...(')J L..p..~ .JIl' ./ b. Easement(s): Pts 'ReQu I R~ . c. Other:'C/e.IF-~pt:=t<- E?)(..--n:.NS\()....) A.("~E5><..)1 REQU\~. /' . Tbe District, at Its sole discretion, rcHrves tbe rlgbt to delay or deny sewer service based upon capacity limltatiou in District and Otber Purveyor raeilities. . I certify that the above sewer agency information is true. This certification shall be valid for one year from date of signature. sewer availability form.doc b-cert-sewer.pdf J..\DRAVSN 110 'l'HlSAVAJLABJLr1YcsnmcA1B WlU.II~ 1 BY IHB APPLICABI.ILAND USB.wmoarrt EXHIBIT {) "'~'!jD7 PAG Ll_O F---L LAKEHAVEN UTILITY DISTRICT Agency name e-tAJ~. --rt=('{-(. ::a:c. Title 02-07-2002 8 King County RECEIVED Deparbnent of Development and Environmental Services Building Services Division 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 206-296-6600 TTY 206-296-7217 / ERU'S :29 KING COUNTYGERTIFteATE OF WATER AVAILABILITY JUL 1 6 zaD7 This certificate provides the Seattle King County Department of Public Health and the Department of Development and Environmental Services with information necessary to evaluate development proposals. I Do not write in this box J - number name CITY OF FeOERAL WAY BUILOING DEPT, King County Certificate of Water Availability Alternative formats available upon request [,,-0'7 o Building Permit Water purveyor information: 04 91~ ( 1. 0 a. Water ","'; be provid<ld by service connection only to an existing that is feet from the site. (size) water main OR )il b. 2. ~ a. OR 0 b. 3. )K. a. OR 0 b. 4. Ji!I a. Water service will re~ire an ,provement to the water system of. ill (1) 15- OV feet of water main to reach the site; and. !If' (2) The construction of a distribution system on the site; and/or .,... li1f(3) Other(describe)Er/<.-rEND TQ ffiQ. ~ IN f>tcc.n~ ~\,"T1-lt {....f\:ll:.~EN ~DI.-lc::..'-I, ./ The water system is in conformance with a County approlfed water comprehensive plan. 0,/' The water system improvement is not in conformance with a County approved water comprehensive plan and will require a water comprehensive plan amendment. (This may cause a delay in issuance of a permit or approval). The proposed project is within the corporate limits of the district, or has been granted Boundary Review Board /" approval for extension of service outside the district or city, or is within the County approved service area of a private water purveyor. Annexation or Boundary Review Board (BRB) approval will be necessary to provide service. Water is or will be available at the rate of flow and duration indicated below at no less than 20 psi measured at the nearest lire hydrant _ 5:1: feet from the building/properly (or as marked on the attached map): Rate of now at Peak Demand Duration o less than 500 gpm (approx. gpm) 0 less than 1 hour o 500 to 999 gpm 0 1 hour to 2 hours JiI. 1000 gpm or more ./" Jl( 2 hours or more -../ O~~cl ~ O~ o calculation of gpm (Note; Commercial building permits which includes multifamily structures require flow test or calculation.) o OR b. Water system is not capable of providing fire flow. Water system has certificates of water right or water right claims sufficient to provide service............ 5. Ji( a. OR o b. Water system does not currentiy have necessary water rights or water right claims. 0,/- Commentsiconditions;OE\lB-OPs:<. ~-rc:N$lC':lN Jlc~~1 REQl1\~. I certify that the above water purveyor information is true. This certification shall be valid for one year from date of signature. LAKEHAVEN UTILITY DISTRICT 15\<lA:N k~<.J(2.'f Agency name /j;? Signatory~n e ~N~Q. (~H.UT ~ _____ shdo7 Title Signature /1 ~ (J '/ i~~;;;'.;~:l;;';;;; ~,:;;;;;';. ~f';;;;;';-~7-;;:;;-~-;O;:-)~~~3~::;":-';-l ~-~~::;::;:::~~;"--:;::'h~:;:-'::=:::-'=~-:;o~--~ EJcllJiSlT ---R- ; capacity Ilmitallons In District and Other purvnyor facll_. .. .PAC~~ water availability form b-cert-water.pdf Rev. 05-19-2003 LAXBBAVIlHMADSXO~'mA1" 'mIS AVAJLABJU1YCBR'l'IPICAU WJLI.BlACQIrIID IW TIm APPLlCAlltB IANn usa AU'I'.Pmr.. _ SchweikI & Associates, pile Civil Engineering, Project Management and Consulting 70S S. 9th St, Suite 303 Tacoma, WA 9&t05 Phone: (253) 2n-445 I Fax: (252) 2n-4495 November 2, 2007 Mr. Raid Trihi, PE Public Works Traffic Division City of Federal Way 33325 8th Avenue South, PO Box 9718 Federal Way, Washington 98063 Project: Steel Lake Crest- File #06-106494-00-PC ... Project No.: 06066 RE: Sight Distance Survey Report - Revised Dear Raid, The following is a revised Sight Distance Report of the sight distance survey that was , performed for the proposed plat Steel Lake Crest in accordance with the Pre Application Conference Summary, dated February 6, 2007. The sight distance survey for the proposed plat was conducted on April 13, 2007. The initial survey found that there will be the required AASHTO entering sight distance available for three of the four entering site distance maneuvering conditions from the proposed two residential intersections with 28th Ave South. After considering several options including reducing the speed limit on 28th Ave South from 35 mph to 30 mph to bring the left turning movement from the proposed northerly access point into compliance and in lieu of comments from local citizens over concerns about the excessive speeds along the 28th Avenue South corridor the City agreed to one of the lesser desired alternatives. This alternative is to remove the northerly street access and reconfigure the preliminary plat with only the one remaining ingress/egress point. This alternative would also require a revised road modification request to allow the "W" Street section for that portion of the internal street where trips for all of the now 28 residential lots combine at the projects one access onto 28th Avenue South. This revised road modification was discussed and it was agreed that the "W" Street section could be retained for that portion of the access that has all 28 lots contributing to it. It was also agreed that there would be no parking allowed along either side of the street in that portion in deference to the traffic volumes and turning movements associated with ingressing and egressing on and off of 28th Avenue South from the proposed project. The revised road modification will also will also be resubmittal for consideraft!~~ED .0 7 -103897 NOVO 22007 ~XHIBI7 -L:~fI~D~ WAY PAGE-LOF ~crrDING DEPT. From the initial sight distance survey report the only maneuvering condition that did not meet the required distance was the southbound turning movement from the past proposed northern internal plat road to 28th Avenue South.. The line of site was interrupted vertically by the crest of the road profile of 28th Avenue South and fell approximately 40- feet short of meeting the AASHTO entering sight distance threshold. Also the northbound turning movement would have require the selective pruning of low bushes within the area of the public right-of-way to provide full visibility for a portion of the viewing field at the driver sight point at the northern internal road. The regular maintenance by the City road crews or selective pruning of the bushes within the public right-of-way will provide the necessary sight distance to beyond the AASHTO threshold and beyond. See the revised sight distance drawing, SD-l, that reflects the removal of the northerly access from the proposed preliminary plat of Steel Lake Crest. Therefore considering the above lack of compliance with the AASHTO entering site distance standards the project proponents will be proposing to remove the northerly access and provide half street improvements and associated shoulder tapers along our frontage. With the proposed half street improvements there are no associated improvements to any portion of the western half of 28th Ave South right-of-way. The proposed improvements will retain the existing traveled lane widths for both the north and southbound lanes of 28th Avenue South and intend to keep the existing gore stripe in place to direct traffic to remain in the existing lane configuration and not utilize the proposed widening as a through lane since the improvements are of such a short length it would require drivers to perform unnecessary lane maneuvers and potentially increase the potential for traffic accidents related to these maneuvers at the high vehicle speeds being reported by City staff along this stretch of 28th Ave South. The proposal would include the removal of the gore stripe at the proposed intersection if it meets with the requirements of the City Traffic Engineer. Since the proposed project generated trips do not warrant a two way left turn lane (TWLT), one is not proposed for the frontage along 28th Ave South. It is also our understanding that there are proposed City of Federal Way intersection and signalization improvements that are planned for the 312th Street and 28th Avenue South intersection that will most likely require road widening and tapers along the eastern edge of 28th Avenue South. The design for the proposed intersection improvements were not available for a detailed analysis of the impacts of the proposed improvements and the cumulative affects of both of the improvements along 28th Avenue South to include pertinent facts or a discussion of that proposed project's relationship to the Steel Lake Crest proposed improvements.. We have added the required Sight Distance photos to this report for your review. EXHIBIT (l PAGE ~ Of ~ 2 06066_Sight Distance_071102.doc If you should have any questions or require any additional information please do not hesitate to contact me, Brant A. Schweikl, at (253) 272-4451, and I will make every effort to provide you with your request. ~t;n. !JY{) ~::~? s~eikl, P.E. Managing Member cc: Steel Lake Plat Group, Project Owners EXHIBIT G PAGE ~ OF ~ 3 06066_Sight Distabce_071102.doc ~ Federal Way CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com May 10,2007 Mr. Brant Schweikl Schweikl & Associates, PLLC 705 9th Street, Suite 303 Tacoma, W A 98405 RE: File #07-102S33-0O-SH; SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT EXEMPTION Steel Lake Crest Preliminary Plat Dear Mr. Schweikl: This letter responds to your May 8, 2007 request, for a shoreline exemption to the proposed preliminary plat development. The site is located in the NE quarter of Section 9, Township 21 North, Range 4 East, W.M., and consists of several tax parcels including Parcel No. 092104-9096, which is developed with an existing single-family residence. A small portion of the northwest comer of this parcel is mapped within 200 feet from Steel Lake, which is regulated as a shoreline of the state under Federal Way City Code (FWCC). Proposed plat improvements include roadway widening, installation of curb, gutter, sidewalk, utilities, landscaping, and grading on proposed lot #1 and on the adjoining right-of-way. Unless exempt, any work proposed within 200 feet of the shoreline of the lake requires that a Shoreline Substantial Development Permit be obtained from the City. Shoreline Exemptions City staff reviewed the WAC 173-27-040 for potential exemptions to the shoreline substantial development permit, and also consulted Sandra Lange, lead staff with the Shorelands and Environmental Assistance (SEA) Division, of the Washington State Deparbnent of Ecology regarding specific exemption interpretations. The proposed roadway improvement work is included under the normal maintenance section listing below, while grading work done within portions of proposed lot #1 is addressed under the valua1ion section. A shoreline exemption means that a development application would not require a shoreline substantial development permit, but must still comply with the SMP and the Shoreline Management Act. Normal Maintenance - According to your letter, e-mails, and the drawing submitted with the preapplication conference request, work anticipated within the presumed shoreline setback area consists of roadway widening and associated improvements of sidewalk, landscaping, and minor grading. In reviewing submitted information, staff notes that roadway improvements would widen the dimension of the improved right-of-way and add sidewalks where none presently exist, subsequently increasing the overall infrastructure footprint. In a May 7, 2007 e-mail, Sandra Lange with Department of Ecology noted that the roadway work could possibly be construed as a 'normal maintenance' exemption under WAC 173-27 -040.2.b if the roadwork is done in the common method and the replacement is ~& original roadway in size, shape, configuration, location, and external appearance. Further, she states "that JUL 1 6 2007 E:)(JiI~I1r ". -~#-FFeDeRALWAY \ ~OF 2 culLOING DEPT. PAGE~ ...:L- Mr. Schweikl May 10, 2007 Page 2 the definition of normal maintenance or repair includes broad enough language to cover circumstances where the work will not exactly replicate the development that existed before." The Public Works Department noted in the City's February 6,2007, preapflication conference summary letter that this project would be expected to cons1ruct improvements on 28 Avenue South to the City's planned roadway cross-sections, 1 consisting of a 44-foot street with curb and gutter, six-foot planter strips with street trees and street lights, eight-foot sidewalks, in a 78-foot right-of-way. Assuming a symmetrical cross section, nine-foot ROW dedication and half street frontage improvements are required. Tapers and transitions beyond the project frontage may be required as deemed necessary for safety purposes. The 28th Avenue South roadway improvement would be parallel to the existing roadway, and would be consistent in external appearance, shape, and configuration. Installation of curbing, gutter, sidewalk and utility strip improvements increase the right-of-way footprint, yet are the common method for modem roadway improvements. Further, these improvements would be landward of the existing roadway. Based on these factors, street improvements that are required for this proposed subdivision, consisting but not limited to installation of curb, gutter, planter strip with street trees, utilities and roadway widening located within existing and future portions of the 28th Avenue South right-of-way that are located within the 200- foot setback from the Steel Lake shoreline will be considered to meet the definition of normal maintenance, and therefore will be exempt from the Shoreline Substantial Development Pennit requirements, subject to the following condition:2 1. Off-site roadway restoration shall include the planting of shrubs and ground covers to eliminate erosion potential. IIydro~eeding alone will not be acceptable. Project Valuation - Any work that is not defined as normal maintenance, that is conducted within the 200-foot shoreline area, and does not exceed $5,000.00 in construction costs may be considered exempt from Shoreline Substantial Development Permits per WAC 173-27 -040(2)(a). According to the topographic map submitted with the preapplication conference, the northwest comer of proposed lot #1 contains slopes in excess of 40 percent. This area is also located within 200 feet of the shoreline area. Your April 20, 2007 e-mail, indicated that there would be 20 cubic yards of on-site grading and you assigned a value of $70.00 to grading associated with this area. Grading on lot #1 would not be considered normal maintenance. However, as the grading does not exceed $5,000.00, it will be exempt from Shoreline Substantial Development Permit requirements. Be advised that any proposed grading activities still require subdivision and engineering review. SUMMARY Pursuant to the State Shoreline Management Act and the City of Federal Way Shoreline Master Program, the roadway and grading work: associated with the preliminary plat that is located within 200 feet of the Steel Lake shoreline is exetnpt ftom the Shoreline Substantial Development Permit process requirements and is exempt from the requirements of a Shoreline Substantial Development Permit as the work is classified as both "normal maintenance and repair" and "development of which the total cost does not exceed $5,000.00" per Washington Administrative e WAC) sections 173-27-040(a) and 173-27- 040(b). The work is located within 200 feet irror Lake d is consistent with policies of the 1 Emphasis added. 2 Under WAC I 73-27-040(IXe), local governments may attach conditions to the approval of exempted developments and/or uses to ensure that the project is consistent with the Shoreline Management Act. EXHI~~~2 ~ PAGE 1-- OF-L 07-102533 Mr. Schweikl May 10, 2007 Page 3 Washington State Shoreline Management Act and guidelines of the City of Federal Way Shoreline Master Program f'Or existing conditions. Pursuant to FWCC Section 2-182, you may appeal this decision to King County Superior Court within fourteen days of the date of this decision. Contact the Washington State Department of Wildlife regarding a Hydraulics Permit Approval and relevant permits prior to commencement of any construction related to this exemption. Preliminary plat review will commence upon submittal of requited documents and application fees. If you have any further questions, please contact Deb Barker, Senior Planner, at 253-835-2642. Sincerely, K~~~~ Departrnent of Community Development Services c: Sandra Lange, SEA Program, NWRO, Washington State Department of Ecology, 3190 160m Avenue SE, Bellevue, WA 98008-5452 Allan Woida, 30614 28th Avenue South, Federal Way, WA 98003 Linda Elder, Steel Lake Plat Group, 30642 28th Avenue South, Federal Way, W A 98003 Deb Barker, Senior Planner Sean Wells, Senior Public Works Engineer Interpretation notebook 07-102533 EXHI~T~ PAGE ~ _O~~ l../ \Q v 0 'C:> ORIGINAL FILE COpy .~ Schweikl & Associates, plk Civil Engineering, Project Management and Consulting 70S S.9th Sc, Suite 303 Tacoma, WA 98"lOS Phone: (253) 2n-44S I Fax: (252) 2n-449S May 8, 2007 Director of Community Development Services City of Federal Way 33325 8th Avenue South, PO Box 9718 Federal Way, Washington 98063 Project: Steel Lake Crest- File #06-106494-00-PC .~ Project No.: 06066 RE: Shoreline Exemption Request Dear Director, The following Shoreline Exemption Request pertains to the Steel Lake Crest Plat, File #06-106494-00-PC, located at 30642 28th Avenue South. The purpose of this request is to obtain an exemption from the shoreline substantial development permit being required by the City of Federal Way for the Steel Lake Crest preliminary plat application. This letter is thus the written formal request seeking this exemption. The. cities basis' for requiring this permit, as defined under Federal Way City Code (FWCC) section 18-162, is that a portion of the proposed project falls within 200 feet of the shoreline of Steel Lake, a regulated lake. The applicant claims that the actual area affected by the mapped shoreline region is so minimal, and the impacts so insignificant that they are below the scope of substantial development intended by the Shoreline Management Act. Prededication, the on-site area within the boundary is only 289 square feet. This total shrinks to 103 square feet after dedication, with over 90% of that ending up in a landscape buffer. Off-site area, all within the 28th Avenue South right-of-way is 671 square feet. Approximately 200 square feet of the off-site area will be in a planter strip and 400 square feet (44 Square yards) will be pavement. The applicant believes these small numbers don't warrant the added expense and complexity that providing a shoreline substantial development permit would add to the project. In summary the applicant would ask that the Director please review this exemption request carefully. Also that he would consider what the real impacts would be of requiring. a shoreline permit for this project and if this is consistent with the true scope and intent of the Shoreline Management Act. The applicant feels justified in asking for this modification and is confident upon examination of the circumstances that the director EXHIBIT .s IPAGE~OF ~shorelineMod.doc will grant its approval. If you determine it would assist you to meet with the project owners and/or myself, we would be willing to gladly arrange for that at your convenience. If you should have any questions or require any additional information please do not hesitate to contact me, Brant A. Schweikl, at (253) 272-4451, and I will make every effort to provide you with your request. Respectively, Brant A. Schweikl, P.E. Managing Member cc: Steel Lake Plat Group, Project Owners EXHIBIT S PAGE. ~ OF ~ 2 06066_ Shoreline Mod.doc ~.. COUNCIL MEETING DATE: April 7, 2009 ....................... .............................-........................... .................................... ........................ ........ ...........................-............. .........................................-...................... . ITEM #:. f). 'L. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SHARING FIBER OPTIC INSTALLATION PROJECTS POLICY QUESTION: Should Council approve an interlocal agreement to share fiber optic installation projects? COMMITTEE: FEDRAC MEETING DATE: March 24, 2009 CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other .~!~~._~~~~!...~x.:.J~1._~Q4~~~~~}!1.f.?~'.l.!~~.!1..!~~~~!~gy.p.~!:~~!~.!:...._.._._._._.._....._......~~.~!..=....~~?~~~~~_!.~.~~~~~.~~_... ATTACHMENTS: Draft, proposed, interlocal agreement and addendum between: · The cities of Bellevue, Kirkland, Renton, Auburn, and Federal Way; along with · Lake Washington, Renton and Bellevue School Districts; and · University of Washington, Bellevue Community College, Evergreen Hospital and Seattle Public Utilities SUMMARYIBACKGROUND: Many cities, school districts, universities and hospitals in our region currently have, (or are making plans to construct) fiber optic networks between their facilities. The City of Federal way has fiber and conduits in several locations in the city. It also utilizes fiber services outside city limits to connect with other agencies and to the internet. If approved, the attached interlocal agreement outlines how the parties will work together on fiber optic projects for the benefit of all the parties. This agreement also outlines the roles and responsibilities of all the parties and use of the fiber cables today and into the future. Many agencies, including the above, have signed on to this local agreement; there is no cost to ioin and this partnership helps any future joint fiber project(s). Potential benefits of this agreement may include direct connection to Valley Com, the internet and other agencies, lower costs and higher speeds, and reduced cost to connect to other locations within our City. Under the general guidelines when/if one agency needs to expand its fiber it can reach to another agency and develop a fiber optic project agreement detailing the scope of work, costs, and potential for sharing/swapping fiber for conduit. OPTIONS: 1. Approve the staff recommendation to enter into the Interlocal Agreement for Sharing Fiber Optic Installation Projects and forward to the April 7, 2009 City Council Consent Agenda. 2. Forward the item to the April 7, 2009 City Council Business Agenda without recommendation. 3. Deny approval and provide staff with further direction. STAFF RECOMMENDATION: Staff recommends approving Option 1. CITY MANAGER ApPROVAL: DIRECTOR APPROVAL: ~ COMMITTEE RECOMMENDATION: H] move to accept Option -1-. " ~~ ~~ Eric Faison, Committee Member PROPOSED COUNCIL MOTION: HI move approval of the Committee recommendation to accept Option _". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 03/11/2009 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # ~ RETURN TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. 2. 4. 5. 6. 7. 8. ORIGINATING DEPT.IDIV: f'r ORIGINATING STAFF PERSON: !1e.~,L. Ge..J ~; TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE/LABOR AGREEMENT o PUBLIC WORKS CONTRACT o SMALL PUBLIC WORKS CONTRACT EXT: 2>50 3. DATE REQ. BY: 3/C/1 o SECURITY DOCUMENT (E.G. AGREEMENT & PERFIMAIN BOND; ASSIGNMENT OF FUNDS IN UEU OF BOND) o CONTRACTOR SELECTION DOCUMENT (LESS THAN $200,000) OPURCHASEAGREEMEN~ (MATERIALS, SUPPLIES, EQUIPMEN1) o REAL ESTATE DOCUMENT (E.G., RFB, RFP, RFQ) o CONTRACT AMENDMENT AG#: o CDBG )'1 OTHER .,f;,h/ t~ I PROJECT NAME: r:- 6,/ ~",p,flt/~ f. "t,/ t1; II Sc?,.f,"" .... NAME OF CONTRACTOR: ADDRESS: SIGNATURE NAME: TELEPHONE TITLE ATTACH ALL EXHIDITS AND CHECK BOXES 0 SCOPE OF SERVICES o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE o ALL EXHffinS REFERENCED IN DOCUMENT TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPWYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIM\JM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY o PURCHASING: PLEASE CHARGE TO: 10. 11. CONTRACT REVIEW ~ PROJECT MANAGER "&J DIRECTOR o RISK MANAGEMENT (IF APPLICABLE) "N LAW INITIALIDATE APPROVED INITIALIDATE APPROVED & 4--- "S I < CONTRACT SIGNATURE ROUTING o LAW DEPARTMENT o CITY MANAGER o CITY CLERK o SIGN COPY BACK TO ORGINATING DEPT. o ASSIGNED AG# INITIAL/DATE APPROVED INITIAL/DATEAPPROVED COMMENTS 02108 GENERALTERMS~dCONDITIONS Interlocal Agreement For Sharing of Fiber Optic Installation Projects TABLE OF CONTENTS L RECITALS 1 IL PURPOSE OF AGREEMENT 1 IlL DEFINITIONS 2 IV. RELATIONSHIPS AMONG PARTICIPATING AGENCIES 5 A. PRINCIPLES 5 B. TERM 5 C. FIBER OPTIC PROJECT 6 D. GENERAL PLANNING, ENGINEERING AND DESIGN CONSIDERATIONS 6 E. CHANGES 9 F. ALLOCATION AND OWNERSHIP OF FIBER OPTIC CABLE 9 G. USE OF FIBERS 9 H. SALE OF FIBERS 9 I. PARTICIPATING AGENCIES RIGHT OF FIRST REFUSAL 10 J. FUTURE USE OF FIBER OPTIC CABLE ALREADY OWNED BY INDIVIDUAL PUBLIC AGENCIES 11 K. TAXES 11 L. PAYMENTS 11 ~ LEAD AGENCY RESPONSIBILITIES 12 A. GENERAL RESPONSIBILITY OF LEAD AGENCY 12 B. AGREEMENTS, APPROVALS, PERMISSIONS AND PERMITS 12 C. NOTICE OF INSTALLATION AND TESTING 13 D. MAINTENANCE AND REPAIR RESPONSIBILITIES 13 E. FINANCIAL REIMBURSEMENTS AND OTHER PAYMENTS TO BE PROVIDED TO THE LEAD AGENCY 14 F. LEAD AGENCY'S NONCOMPLIANCE 14 G. AUDIT 14 VI. FACILITY OWNER RIGHTS AND RESPONSIBILITIES 15 A. PRINCIPLES FOR USE OF PARTICIPATING AGENCY FACILITIES 15 B. APPROVALS 15 C. ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS 16 D. ACCESS TO AND USE OF FACILITIES 16 E. BUILDING ENTRANCES 17 Terms and Conditions for Sharing of Fiber Optic Installation Projects December 4, 2008 F. MODIFICATIONS TO FACILITIES 17 G. RELOCATION OF FffiER OPTIC CABLE 18 H. RIGHTS OF PROPERTY 18 I. DEFAULT AND DISPUTE RESOLUTION 19 VIL RELATIONSHIP BETWEEN LEAD AGENCY AND CONTRACTORS 20 A. RESPONSffiILITY 20 B. APPROVALS 20 C. INSURANCE 20 VIIL INDEMNIFICATION AND LIMITATION OF LIABILITY 21 A. LIMITATION OF LIABILITY AND INDEMNITY-LEAD AGENCY 21 B. LIMITATION OF LIABILITY AND INDEMNITY -FACILITY OWNERS 21 C. LIMITATION OF LIABILITY AND INDEMNITY-PARTICIPATING AGENCIES 22 IX. ADDITIONAL TERMS AND CONDITIONS 23 A. LAWS, LICENSES, AND PERMITS 23 B. PERFORMANCE 23 C. SUBJECT TO LAWS 24 D. FORCE MAJEURE 24 E. NO WANER 25 F. SEVERABILITY 25 G. RIGHTS CUMULATNE 25 H. CONTRACTUAL RELATIONSHIP 26 I. HEADINGS 26 J. APPLICABLE LAW AND VENUE 26 K. BINDING EFFECTS 26 L. ASSIGNMENT 26 M. NOTICES 26 N. MODIFICATION OR AMENDMENT 27 O. EXECUfED IN COUNTERPARTS 27 P. SUPERCEDES CITY OF KIRKLAND FRANCHISE 27 Exhibit A 1 Terms and Conditions for Sharing of Fiber Optic Installation Projects December 4, 2008 I. RECITALS WHEREAS, the Lake Washington School District plans to construct a fiber optic network among its schools for the purpose of improving overall learning and achievement by increasing the availability and diversity of training and educational material; and WHEREAS, the City of Kirkland requires a fiber optic network amongst its' facilities to provide services to its constituents, for traffic including but not limited to: traffic, SCADA systems, economic development, business support, and WHEREAS, the City of Kirkland and the City of Bellevue desire a direct fiber connection, to enhance internal governmental cooperation and extend communications to other local governments, achieve efficiencies through shared resources, and WHEREAS, the University of Washington desires a path North to South through the City of Kirkland, and WHEREAS, each of the Parties have a portion of what is required to build a fiber network but do not want to duplicate efforts, and WHEREAS, the Parties and their respective 'citizens' have a vested interest in supporting and improving educational opportunities, community communications; and infrastructure, and WHEREAS, the City of Kirkland, City of Bellevue, and the University of Washington have conduit plant available that can serve all the Parties; and WHEREAS, the Lake Washington School District has signed the City of Kirkland's Franchise Agreement allowing the Lake Washington School District use of the City of Kirkland's Right of Way. Therefore the parties agree as below. II. PURPOSE OF AGREEMENT This interlocal agreement outlines how the parties will work together on fiber optic projects for the benefit of all the Parties. This document also outlines the roles and responsibilities of all the Parties and use of the fiber cables today and into the future. Tenns and Conditions for Sharing of Fiber Optic Installation Projects III. DEFINITIONS Whenever used in this Agreement with initial letters capitalized, the following terms shall have the following specified meanings, unless the context clearly requires a different meaning: A. Agreement Refers to this document, General Terms and Conditions for sharing fiber optic proje,cts B. Building Entrance Conduit or Conduits usually connecting a Vault, Handhole, or Maintenance Hole in the public right-of-way to a building. C. Common Fiber Spares Fiber strands installed as part of a Fiber Optic Project held in reserve solely for replacement of disabled fibers. D. Conduit or Duct Enclosed runway or tube designed to house cables for their protection. E. Dark Fiber An optical fiber strand not coupled to an optical light source. F. Demarcation Point A point agreed to between the facility owner and lead agency that documents where one party's responsibilities end and the other begin and is required to be documented, agreed to and approved in the Fiber Optic Project Agreement. G. Indirect Costs Indirect costs are costs determined in accordance with a Participating Agency's standard methodology for computing indirect costs. Indirect costs shall include costs oflabor, benefits, equipment usage, miscellaneous materials, material handling, and administrative and general charges. This definition also applies to Facility Owner indirect costs. H. Facility or Facilities A structure including but not limited to: Buildings, Vaults, Maintenance Holes, Handholes, Conduit, Building Entrances. I. Facility Manager The person designated by the Facility Owner to manage the Facility, including granting access, determining and approving its use and terms and conditions for such use. Terms and Conditions for Sharing of Fiber Optic Installation Projects J. Facility Owner The Participating Agency that is the legal owner of a Facility or Facilities or the Participating Agency holding the legal right to grant permission to occupy, use or modify Facilities. K. Fiber Optic Cable A cable installed by the Participating Agencies pursuant to this Agreement that is composed of strands of glass fiber, each strand which is designed to conduct signals of modulated light (optical signals) from one end to the other. L. Fiber Optic Project The Work associated with the installation of fiber optic transmission materials, pursuant to a Fiber Optic Project Agreement. M. Fiber Optic Project Agreement An agreement for a specific Fiber Optic Project with Participating Agencies that specifies the contractual relationships between and among the participants. N. Fiber Strand or Strand of Fiber A single thin transparent fiber of glass enclosed by a material of a lower index of refraction that reflects light throughout its length by internal reflections. O. Handhole An underground structure (usually concrete) providing an opening in a Conduit in which workers may reach into but usually do not enter for the purposes of installation and maintenance of cable. P. Lead Agency The Participating Agency designated by mutual consent in a Fiber Optic Project Agreement that is responsible for managing Fiber Optic Project related Work, including entering into construction contracts and overseeing the construction work for the Participating Agencies and ongoing maintenance of the Fiber Optic Project(s). Q. Make-ReadyWork Any and all planning, analysis, design, review, adjustment to equipment, construction, and/or other activities (such as tree trimming) necessary to prepare existing Facilities for use by the Lead Agency as determined by the Facility Owner. R. Participating Agency A public agency that is a signatory to this Agreement for the purpose of engaging in the shared Fiber Optic Project(s). S. Participating Agency Facilities Those Facilities owned, managed, occupied, by a Participating Agency Department or Division. T. Pathway Aerial or underground Facilities used for the purpose of placing fiber optic cables, splice cases, trace wire, etc. u. Project Budget(s) Terms and Conditions for Sharing of Fiber Optic Installation Projects A required section of all Fiber Optic Project Agreements which identifies the total anticipated costs for Work performed as part of that agreement, including contingency, and allocates responsibility for those costs, including ongoing maintenance, to all parties to that Fiber Optic Project Agreement. V. Splice The point where two separate optical fiber strands are joined together either mechanically or by fusion to make one continuous optical fiber strand. W. Teleco~unications Service(s) Telecommunications service(s) is the transmission of information over Fiber Strands from one location to another (not including services provided between two areas within the same building) meeting industry accepted transmission standards, their equivalent or replacement service. Such information includes but is not limited to voice, video, data, pictures, and facsimile. Telecommunication service(s) does not include Dark Fiber or services other than transmission services. X. Work All activities related to the planning, right-of-way acquisition, scheduling, analysis, design, engineering, preparation, construction, installation, evaluation, maintenance, repair and operation of a Fiber Optic Project as provided for in this Agreement or a Fiber Optic Project Agreement including Make-Ready Work but not including work done prior to the execution of a Fiber Optic Project Agreement. Terms and Conditions for Sharing of Fiber Optic Installation Projects IV. RELATIONSHIPS AMONG PARTICIPATING AGENCIES A. PRINCIPLES Agreements among the Participating Agencies for sharing of Fiber Optic Projects shall conform to the following principles: 1. Participation in Fiber Optic Projects is voluntary and can depend on specific cable routes. 2. Arrangements for cooperation should be fair and equitable among Participating Agencies. Any special configuration, such as a routing change to accommodate a particular Participating Agency, should be paid for in whole by that Participating Agency. 3. If a Facility Owner requires a route change due to the requirements for optimal Facility access, the costs of such a change shall be considered general project costs of the affected Participating Agencies and not the sole responsibility of the Facility Owner as a Participating Agency. 4. Participating Agencies may have varying amounts of financial and other responsibilities on different projects. One or more Fiber Optic Project Agreement(s) will define and document those responsibilities. As a general principle Participating Agencies should share maintenance proportionately based on each Participating Agency's share of the Fiber Strands deployed or as described in the Fiber Project Agreement(s). 5. Participating Agencies may, from time to time, act variously and simultaneously as Lead Agencies and/or Facility Owners. 6. The Lead Agency for a specific Fiber Optic Project may be changed with the mutual consent of all Participating Agencies that are party to that specific Fiber Optic Project. B. TERM This Agreement shall become effective upon the execution of all Participating Agencies, and unless terminated sooner in accordance with the provisions of this Agreement, shall continue for a period often (10) years, and automatically renew for an additional ten (10) years upon the agreement ofthe parties. Tenns and Conditions for Sharing of Fiber Optic Installation Projects As a starting point for negotiations of a renewal Agreement, the Participating Agencies will use this Agreement as the framework for further negotiations. Under the terms of any renewal agreement, the Participating Agencies shall continue to make payments as specified in any applicable Fiber Optic Project Agreement(s). C. FIBER OPTIC PROJECT All Fiber Optic Projects among Participating Agencies shall have a Fiber Optic Project Agreement specifying the following; including contact names and addresses where appropriate. Participating Agencies Lead Agency and Project Manager Route Facilities to be Used; Facility Owners; and the Facility Manager(s) Project Budget, including Contingency and Terms of Cost Sharing Apportionment of Liability Project Schedule Changes or Addenda to General Terms and Conditions Bond and Insurance Requirements for Contracting and Participating Agencies Fiber Allocation including Spares. Maintenance Responsibilities and Costs, including Ongoing Maintenance and Responsibilities for Moves. Points of Demarcation Each Fiber Optic Project Agreement shall be an attachment to and run concurrent with this Agreement, General Terms and Conditions For Sharing of Fiber Optic Installation Projects Interlocal Agreement. D. GENERAL PLANNING, ENGINEERING AND DESIGN CONSIDERATIONS Upon execution of a Fiber Optic Project Agreement, the Participating Agencies shall develop, review and/or revise the planning, engineering, design, installation, and maintenance procedures for the Fiber Optic Project. The procedures will be subject to the approval ofthe Participating Agencies and of the Facility Owners as specified in Section IV and in related Exhibits and Addenda. The procedures will be su1,>stantially similar to the following: 1. Perform Feasibility Review A Participating Agency with an interest in a shared Fiber Optic Terms and Conditions for Sharing of Fiber Optic Installation Projects Project will undertake a feasibility review to determine which of the Participating Agencies has an interest in participating in the Fiber Optic Project, the possible routes, the availability of Facilities, the approximate cost and the time frame required for installation. Prospective Facility Owners shall be included in the feasibility reVIew process. 2. Execute Fiber Optic Project Agreement The Fiber Optic Project Agreement must ensure that approval by the appropriate authority is granted for Facilities to be used and shall specify the information listed in Section IV.C. 3. Perform Detailed Engineering Design The Lead Agency shall work with Facility Owners to complete routing, obtain permission for use of Facilities, etc. Any changes exceeding the approved Project Budget (see definitions above) shall require approval by the Participating Agencies; such approval shall not be unreasonably withheld. 4. Install Project The Lead Agency shall be responsible to ensure compliance with all reasonable requirements ofthe Facility Owner. Facility Owner staff shall be authorized to stop Work on an installation that is being conducted by the Lead Agency and its contractors on the Fiber Optic Project if Facility Owner or Participating Agency reasonably determines that the Work in question is inadequate, unsafe or would or could potentially cause a problem. 5. Complete Acceptance of Fiber Optic Project The Lead Agency shall formally accept installation ofthe Fiber Optic Project by issuing a formal letter to the contractor(s) an4 the Participating Agencies stating that the Work has been completed in accordance with contract specifications, final test documentation has been received, and all punch-list items have been resolved to the satisfaction of the Lead Agency and Facility Owner(s). Such acceptance shall authorize final payment(s) to contractor(s). The Lead Agency shall also document and identify ownership of Fiber Strands, providing a copy of such documentation to all Participating Terms and Conditions for Sharing of Fiber Optic Installation Projects Agencies. 6. Establish Maintenance Plan The Lead Agency shall develop a maintenance plan for the Fiber Optic Project, and upon acceptance of the maintenance plan by the Participating Agencies, the Participating Agencies will, by mutual consent, appoint a maintenance manager, usually the Lead Agency. 7. Keep Records The Lead Agency shall provide Participating Agencies and/or Facility Owners with whatever documents are required by the Facility Manager(s) so Facility Owner(s) can maintain accurate records of where and how the Participating Agencies installed equipment within or on Facilities, and where and how the Participating Agencies modified any Facility. Among the materials that must be provided to Facility Owner are computerized records and archival quality drawings that document installation or modification Work performed by the Lead Agency or its contractors. The Lead Agency shall not charge the Facility Owner for providing any necessary documentation required by the Facility Manager. Such costs, however, shall be included as part ofthe Project Budget (see definitions above). 8. Provide Access to Records All Participating Agencies shall provide access to relevant records with respect to design, installation and maintenance of components of the Fiber Optic System located within or on Facilities to Facility Owner(s) when requested by the Facility Manager(s). The Participating Agencies shall not charge the Facility Owner for either access to, such information or for obtaining copies of any portion of the information. Such costs, however, shall be included as part of the Project Budget. The records to which the Participating Agengies shall provide the Facility Owner access include, but are not limited to computerized records and design drawings, equipment and fiber specifications, route maps, manufacturer's test reports on fibers and on other equipment, documentation ofthe installation of Fiber Optic Cable and other equipment, and documentation of maintenance done on fibers and other equipment. Terms and Conditions for Sharing of Fiber Optic Installation Projects E. CHANGES Participating Agencies shall have the right to propose changes to the Fiber Optic Project Agreement which must first be approved by all Participating Agencies, including replacing the Lead Agency and adjusting Project Budgets. Changes that impact Facility Owners shall be subject to approval by the Facility Owners. The costs of any changes proposed by and beneficial to an individual Participating Agency made after the signing of a Fiber Optic Project Agreement shall be borne by that Participating Agency. However, if a Facility Owner requires a route relocation due to the requirements for optimal Facility access, the costs of such a relocation shall be considered general project costs and not the sole responsibility of the Facility Owner as a Participating Agency. The costs of other changes that are approved by the Participating Agencies because they are deemed necessary to complete the Fiber Optic Project shall become part of the total project cost. F. ALLOCATION AND OWNERSHIP OF FIBER OPTIC CABLE . All Fiber Optic Cable and Fiber Strands installed as part of a Fiber Optic Project shall be allocated to the individual Participating Agencies as specified in the Fiber Optic Project Agreement. The Participating Agencies shall own all right and title to these allocated Fiber Strands. G. USE OF FIBERS A Participating Agency shall have complete free and unrestricted use of the Fiber Strands installed and allocated to it under a Fiber Optic Project Agreement for any lawful purpose subject to applicable agreements, approvals, permission and permits. Common Fiber Spares, if provided for in a Fiber Optic Project Agreement, shall be shared in common among the Participating Agencies only. Identified Common Fiber Spares shall be used only as replacements for disabled Fibers Strands unless documented and agreed to in a Fiber Optic Project Document. Use of spare fibers shall be implemented by the Lead Agency, with notification to all Participating Agencies. H. SALE OF FIBERS Participating Agencies who wish to sell or otherwise transfer their allocated fibers to any other party must obtain written and unanimous approval from Tenns and Conditions for Sharing of Fiber Optic Installation Projects all Participating Agencies, whom are also granted right of first refusal regardless of circumstances of the sale. I. PARTICIPATING AGENCIES RIGHT OF FIRST REFUSAL Before any allocated fibers held by a Participating Agency may be sold or otherwise transferred (including transfer by gift or operation oflaw), the other Participating Agencies, either individually or collectively, shall have a right of first refusal to purchase the Shares on the terms and conditions set forth in this section. (a) Notice of Proposed Transfer. The selling Participating Agency shall deliver to all Participating Agencies a written notice Notice stating: (i) the bona fide intention to sell or otherwise transfer such allocated fibers; (ii) the name of each proposed purchaser or other transferee; (iii) the number of fibers to be transferred to each proposed transferee; (iv) the bona fide cash price or other consideration for which the selling Participating Agency proposes to transfer the allocated fibers and the material terms and conditions ofthe proposed transfer (the "Offered Terms") and (b) offer the allocated fibers at the Offered Terms to the other Participating Agencies. (b) . Exercise of Right of First Refusal. At any time within 60 days after receipt of the notice, the other Participating Agencies, either individually or collectively, may, by giving written notice to the selling Participating Agency, elect to purchase all, but not less than all, of the allocated fibers proposed to be transferred to anyone or more of the proposed transferees, at the purchase price and on the terms determined in accordance with subsection (c) below. (c) Purchase Price. The purchase of the allocated fibers by the other Participating Agencies, either individually or collectively, under this section shall be identical in all material respects to the Offered Terms. (d) Payment. Payment of the purchase price shall be made in accordance with the Offered Terms, within ninety (90) days after delivery ofthe written notice by the other Participating Agencies, either individually or collectively, as set forth in (b) above. (e) Right to Transfer. If all allocated fibers proposed in the notice to be transferred to a given proposed transferee are not purchased by the other Participating Agencies, either individually or collectively, the Participating Agency may sell or otherwise transfer such allocated fibers to that proposed transferee, provided that such sale or other transfer is consummated within T enns and Conditions for Sharing of Fiber Optic Installation Projects sixty (60) days after the date of the notice and provided further that any such sale or other transfer is affected in accordance with Offered Terms as presented to the other Participating Agencies. If the allocated fibers described in the notice are not transferred to the proposed transferee within such period, a new notice shall be required and the other Participating Agencies, either individually or collectively, shall again be offered the Right of First Refusal before any allocated fibers held by the may be sold or otherwise transferred. (f) Any entity purchasing the right to use fibers installed under a Fiber Optic Project Agreement must agree to all the terms and conditions of this Agreement, including the General Terms and Conditions, Exhibits and Addenda as specified in this document and shall notify the Facility Owner(s) of any such purchase. Participating Agencies may grant the right to use their fiber allocation to any other party provided the sale or lease is approved by a majority of the other Participating Agencies. Such approval shall not be reasonably withheld. J. FUTURE USE OF FIBER OPTIC CABLE ALREADY OWNED BY INDIVIDUAL PUBLIC AGENCIES Nothing in this document precludes Participating Agencies from entering into separate agreements with other Participating Agencies to utilize fiber optic cable other than the Fiber Optic Cable installed pursuant to a Fiber Optic Project Agreement. K. TAXES The Participating Agencies shall pay, before delinquency, all applicable taxes, levies, and assessments arising from their joint installations and undertakings under a Fiber Optic Project Agreement L. PAYMENTS Participating Agencies shall pay all amounts owed to the Lead Agency within forty-five (45) days of receipt of the billing. Ifa Participating Agency cannot or does not make payment for charges owed or if there is a dispute as to amounts owed the such dispute shall be resolved through the process identified in this Agreement. If the Participating Agency fails to make payment as required, then its Tenns and Conditions for Sharing of Fiber Optic Installation Projects allocated Fiber Strands shall become the property ofthe other Participating Agencies and those Participating Agencies may either reallocate the Fiber Strands amongst themselves or sell the Fiber Strands pursuant to the provision of Section ID. H and Section ID. I above. V. LEAD AGENCY RESPONSIBILITIES A. GENERAL RESPONSIBILITY OF LEAD AGENCY The Lead Agency shall be responsible for the overall management of the Work necessary for the successful completion of the Fiber Optic Project, as the agent ofthe Participating Agencies in the Fiber Optic Project, pursuant to the terms and condition of the applicable Fiber Optic Project Agreement. The Lead Agency shall have the authority and be responsible for negotiating and entering into such separate contract agreements as are necessary with Facility Owners for the specific use oftheir Facilities in furtherance ofthe Fiber Optic Project. The Lead Agency will also have the authority to enter into and manage such separate contract agreements with contractors as are necessary to perform all or part of the Work associated with the Fiber Optic Project. The Lead Agency is responsible for ensuring that all applicable terms and conditions of the Fiber Optic Project Agreement(s), General Terms and Conditions, exhibits and addenda are included in the contract agreements with Facility Owners and contractors. Prior to execution of any contract agreements with Facility Owners or contractors, the Lead Agency shall provide an opportunity for the Participating Agencies to review and comment on such agreements. In the event there is a dispute regarding any of the provisions or lack of provisions of any agreement, such dispute shall be resolved through the process identified in this Agreement. The Lead Agency shall keep the Participating Agencies informed as to the status of the Fiber Optic Project. B. AGREEMENTS, APPROVALS, PERMISSIONS AND PERMITS The Lead Agency shall be responsible for obtaining all necessary agreements, approvals, permissions and permits and any other documents required or necessary for the successful completion ofthe Fiber Optic Terms and Conditions for Sharing of Fiber Optic Installation Projects Project and to keep them in place and current. C. NOTICE OF INSTALLATION AND TESTING The Lead Agency shall notify the Participating Agencies when initial installation of the Fiber Optic Cable and acceptance testing of all of the Fiber Strands have been completed. D. MAINTENANCE AND REPAIR RESPONSIBILITIES 1. Maintenance and Repair of Fiber Optic Cable, Fiber Strands, and Pathway Maintenance of the Fiber Optic Cable and Fiber Strands within Fiber Optic Cable installed pursuant to a Fiber Optic Project Agreement shall be the responsibility of the Lead Agency as agent for the Participating Agencies up to the Demarcation Point. Lead Agency maintenance responsibility shall continue for the term of the Fiber Optic Project Agreement and for any extensions or renewals. In instances where service to any of the Participating Agencies has been interrupted on the Lead Agency side of the Demarcation Point, the Lead Agency, at the Participating Agencies' request, will make a reasonable effort to complete repairs of the Fiber Optic Cable as soon as practicably possible provided that all necessary permissions to effect the repairs has been obtained from the Facility Owner(s). Restoration oftelecommunications, traffic control, and public safety services shall be given the highest priority in the event that any of these services and the Participating Agencies' telecommunications services are interrupted at the same time, unless otherwise agreed to by the Participating Agencies at the time of restoration. In the event of an outage, the Participating Agencies shall promptly work to restore the functionality of the Fiber Optic Cable as soon as reasonably possible and practical after restoration of any other necessary services. The Participating Agencies shall not cut or otherwise damage Fiber Optic Cable unless absolutely necessary for the safe and prompt restoration of telecommunications, traffic control and street lighting systems. 2. Maintenance and Repair Expenses Terms and Conditions for Sharing of Fiber Optic Installation Projects The Participating Agencies shall be responsible for the expense of maintenance and repair of the Fiber Optic Cable and Fiber Strands_ for the duration ofthe Fiber Optic Project Agreement and any extensions or renewals thereof on a basis proportional to the ownership of Fibers Strands allocated to each Participating Agency or by such other method as may be specified in the applicable Fiber Optic Project Agreement(s). The designated maintenance manager shall review ongoing maintenance expenses with Participating Agencies as reasonably requested, but at least on an armual basis. The Lead Agency shall contract with a vendor capable of making any necessary repairs. The contract shall provide for around the clock service, defined response times and supply guarantees. E. FINANCIAL REIMBURSEMENTS AND OTHER PAYMENTS TO BE PROVIDED TO THE LEAD AGENCY All reasonable and necessary costs and expenses incurred by the Lead Agency in performance of any Work to successfully complete a Fiber Optic Project shall be actual and verifiable. The Lead Agency shall provide documentation of its methodology for computing any fudirect Costs, including fudirect Costs for Facility Owners. The Participating Agencies shall reimburse the Lead Agency within forty-five (45) days of receipt of the Lead Agency's statement of charges. F. LEAD AGENCY'S NONCOMPLIANCE The Lead Agency shall make its best good faith effort to adhere to the terms, condition and requirements of the Work as provided in the Fiber Optic Project Agreement, and the required record keeping as provided in this Agreement. Absent negligence or other misconduct on the part of the Lead Agency, any additional Work necessary to conform the Work to requirements of the Fiber Optic Project Agreement will be a general project cost allocated to the Participating Agencies. Where there has been negligence or other misconduct on the part of the Lead Agency, and additional Work is necessary to conform the Work to requirements of the Fiber Optic Project Agreement shall be at the expense of the Lead Agency. G. AUDIT Terms and Conditions for Sharing of Fiber Optic Installation Projects The Lead Agency shall permit Participating Agencies or designated agent(s) thereof from time to time (including up to five years after the expiration or termination of a Fiber Optic Project Agreement), to inspect and audit all pertinent books and records ofthe Lead Agency, the subcontractors or.any other person or entity in connection with or related to the Fiber Optic Project with respect to the services provided, costs thereof, and the compensation paid therefore. Such audit shall occur at such reasonable times and at such reasonable location(s) as mutually agreed to by the Participating Agencies and the Lead Agency. VI. FACILITY OWNl:R RIGHTS AND RESPONSIBILITIES A. PRINCIPLES FOR USE OF P ARTICIP ATING AGENCY FACILITIES 1. Use of and Facilities owned by a Participating Agency shall comply with all requirements of the Participating Agency that owns them. Use of a Facility shall be designed and constructed so as to maximize the reasonable additional future use of such Facility. The general project costs shall include all fees and charges for the use of the Facility. 2. This Agreement shall not be construed to authorize any Participating Agency to make use of any other Participating Agency's Facilities unless such use is specifically authorized by the Participating Agency in its capacity as a Facility Owner. 3. The Facility Owner has final approval of planning, engineering, design, material, and maintenance for all portions of a Fiber Optic Project on or within its Facilities. B. APPROVALS All contractors hired by the Lead Agency to Work within or on Facilities shall be subject to approval by Facility Owner(s), such approval not to be unreasonably withheld. In all agreements with contractors, the Facility Owner( s) may require the Lead Agency to specify that the contractors attend one or more pre-construction meetings with the appropriate Participating Agencies and Facility Owners to review installation requirements for the Work and any restrictions or other requirements that must be adhered to, prior to any Work being performed in or on Facilities. The contractor agreement shall state that the Facility Owner or the Participating Agency has Terms and Conditions for Sharing of Fiber Optic Installation Projects authority to stop inadequate or unsafe Work or require that inadequate or unsafe Work be corrected, as provided by this Agreement. C. ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS 1. Risk of Co-location In choosing to co-locate any components of a Fiber Optic Project in any Facilities, the Participating Agencies acknowledge and accept all risks that are associated with having components of the Fiber Optic Project co-located with in any such Facility. 2. Easements Participating Agencies acknowledge that existing easements may not be sufficient and are not warranted to be available for the purpose of this Agreement and/or any Fiber Optic Project Agreement. Additional easements may be required. D. ACCESS TO AND USE OF FACILITIES The Lead Agency shall obtain access to and use of Facilities from Facility Owners for the purpose of installing, maintaining and repairing components ofthe Fiber Optic Project, including all agreements, approvals, permissions, and permits required. Such Access shall be subject to Facility availability as reasonably determined by the Facility Manager, and any and all reasonable conditions specified by the Facility Owner. 1. Permission to Enter Access to Facilities shall be allowed only after the Facility Owner has been notified per item 2., below, and permission has been granted by the Facility Owner. 2. Requests for Access All requests for access to Facilities must be made through the appropriate Facility Manager or designee in writing (facsimile or email acceptable), and shall be subject to the restrictions and conditions in this Agreement. Terms and Conditions for Sharing of Fiber Optic Installation Projects In the event of an emergency, requests for access may be made in person or by telephone. In such cases, prompt written documentation ofthe request will follow. 3. Buildings If the Lead Agency desires to utilize space in any building, the Lead Agency shall comply with the restrictions and conditions specified by the designated building manager. 4. Conformance to Regulations Access to and use of any Facility shall be in conformance with all codes, regulations and requirements. E. BUILDING ENTRANCES In the event that an existing Building Entrance that is owned or controlled by one of the Participating Agencies is not usable or is inadequate, unsafe or would or could potentially cause a problem for either entering a building or for providing access to the location in a building where the Participating Agencies have installed Fiber Optic Project components, then the Lead Agency will have the responsibility for making alternative arrangements for Building Entrance with the Facility Owner. The expense associated with any required alternative Building Entrance because the Existing Building Entrance is not usable or is inadequate, unsafe or would or could potentially cause a problem for either entering a building or for providing access to the location in a building where the Participating Agencies have installed Fiber Optic Project components shall be borne by the Participating Agencies utilizing the building as a general project cost. F. MODIFICATIONS TO FACILITIES At the Lead Agency's request, the Facility Owner shall make reasonable and necessary modifications to any existing Facilities or the Building Entrance to facilitate building access for the Fiber Optic Project. Any requests by the Lead Agency for such modifications shall be made to the Facility Owner and/or Manager. Costs for such modifications shall be paid as allocated in the Fiber Optic Project Agreement. The design and construction of any required modifications to any Facility or Terms and Conditions for Sharing of Fiber Optic Installation Projects Building Entrance shall be subject to the review and approval by the Facility Owner and Participating Agencies. Any unauthorized modifications must be corrected at the expense ofthe Lead Agency. G. RELOCATION OF FillER OPTIC CABLE The Lead Agency will work with the Facility Owner to make a good faith effort to ensure that the Fiber Optic Cable within or on Facilities is designed and constructed so as to minimize the likelihood of future relocation. However, upon notice from the Facility Owner that relocation is required, the Lead Agency shall work with the Facility Owner to ensure timely relocation of such Fiber Optic Cable. The Facility Owner has the right of pre-approval and post-construction acceptance of any work required either to remove cable from within or on Facilities or to place cable within or on alternative Facilities. 1. All relocations of Fiber Optic Cable, regardless of reason, will be managed by the Lead Agency. All relocations will be managed as a part of and under the terms and conditions of existing Fiber Optic Project Agreement that controlled the original construction and installation. 2. Notice Except for emergency situations, the Facility Owner will give the Lead Agency at least ninety (90) days notice ofthe need to relocate any components of the Fiber Optic Project located within or on Facilities. 2. Relocation When relocation is required, the Facility Owner shall, when possible, provide substitute Facilities within or on which the Participating Agencies may relocate the components ofthe Fiber Optic Project. H. RIGHTS OF PROPERTY Nothing in the General Terms and Conditions, Exhibits and/or Addenda shall be construed to convey to the Participating Agencies any property rights in existing Facilities of a Facility Owner. Nothing in the General Terms and Conditions, Exhibits and/or Addenda shall be construed to Terms and Conditions for Sharing of Fiber Optic Installation Projects compel a Facility Owner to maintain any of its Facilities for a period longer than is necessary for its own service requirements. In the event that Facilities are abandoned by the Facility Owner, the Participating Agencies may remain in such Facilities at their own risk, subject to the approval ofthe Facility Owner. Any property rights in Facilities created or constructed as part of a Fiber Optic Project Agreement will be allocated per the Fiber Optic Project Agreement. I. DEFAULT AND DISPUTE RESOLUTION The Participating Agencies desire, if possible, to resolve disputes, controversies and claims ("Disputes") arising out of this Agreement or any Fiber Optic Project Agreement without litigation. To that end, if any Participating Agency believes that another Participating Agency, whether as a Participating Agency, Facility Owner, or Lead Agency, has failed to perform any obligation under this Agreement or any Fiber Optic Project Agreement or has performed such obligation in a manner inconsistent with this Agreement or any Fiber Optic Project Agreement, then the Participating Agency shall provide written notice to all Participating Agencies, stating with reasonable specificity the nature of the Dispute. Thereafter, each Participating Agency shall appoint a knowledgeable, responsible management representative to meet within thirty (30) days of the date ofthe written notice and negotiate in good faith to resolve any Dispute. The Participating Agencies intend that these negotiations be conducted by non-lawyer, business representatives. The discussions shall be left to the discretion of the representatives. The Participating Agencies agree that the discussions and correspondence among the representatives for purposes of these negotiations shall be treated as confidential information developed for purposes of settlement, shall be exempt from discovery and production, and shall not be admissible in any action or proceeding arising under or concerning this Agreement or any Fiber Optic Project Agreement, without the concurrence of all parties. Documents identified in or provided with such communications, which are not prepared for purposes of the negotiations, are not so exempted and may, if otherwise admissible, be admitted in evidence in any such action or proceeding. Ifthe negotiations between the Participating Agencies do not resolve the Dispute within sixty (60) days ofthe initial written request, the Dispute shall be submitted to non-binding mediation with a mediator chosen by mutual Tenns and Conditions for Sharing of Fiber Optic Installation Projects agreement of the parties or, in the absence of such agreement, with Judicial Dispute Resolution, LLC. Each Participating Agency shall bear its own cost ofthese Dispute resolution procedures. The Participating Agencies that are party to the mediation shall equally share the fees of the mediation and the mediator. Nothing in this paragraph precludes any Participating Agency from seeking relief from King County Superior Court should mediation efforts be unsuccessful. VII. RELATIONSHIP BETWEEN LEAD AGENCY AND CONTRACTORS A. RESPONSIDILITY The Lead Agency is responsible for ensuring that the applicable terms and conditions of the Project Agreement, General Terms and Conditions, exhibits and addenda are included in Agreements with Facility Owners and contractors. However, each contractor shall be heldJiable for any negligence caused by its performance or failure to perform the work under the Project Agreement or any contracts with the Lead Agency. B. APPROVALS All contractors hired by the Lead Agency to work within or on Facilities shall be subject to approval by Facility Owner(s). In all agreements with contractors, the Facility Owner(s) may require the Lead Agency to require such contractors to attend a pre-construction meeting with the appropriate authority to review installation requirements and Work restrictions prior to any Work being performed in or on Facilities. The contractor's agreement shall state that the Facility Owner or the jurisdiction having rights-of-way has authority to stop Work or require that inadequate Work be corrected. C. INSURANCE Prior to undertaking any work under any Fiber Optic Project Agreement, the Lead Agency shall ensure that all contractors, at no expense to the Lead Agency, Participating Agencies and Facility Owner(s), have obtained and T enns and Conditions for Sharing of Fiber Optic Installation Projects filed with the Lead Agency, acceptable evidence of a policy or policies of insurance as enumerated in the applicable Fiber Optic Project Agreement. VIII. INDEMNIFICATION AND LIMITATION OF LIABILITY A. LIMITATION OF LIABILITY AND INDEMNITY-LEAD AGENCY The Lead Agency, when acting in that capacity, shall not be liable, in law or in equity, to the Facility Owner, Participating Agencies, or any subsequent user for any damages relating to the interruption of service or interference with the operation ofthe Fiber Optic Project, except to the extent caused by the gross negligence or willful misconduct ofthe Lead Agency. The Facility Owners and Participating Agencies shall indemnify and save hannless the Lead Agency, its officers, employees, and agents from all claims, actions, liability, and damages of any nature arising out of any act or omission, except in the event of gross negligence or willful misconduct by the Lead Agency in connection with this Agreement. If any claim arises to which this indemnification provision may be applicable, the Facility Owner shall immediately upon learning of such claim, notify the Lead Agency, and upon such notice, the Lead Agency shall promptly notify the Participating Agencies. The Participating Agencies may, at their option, settle or compromise such claim. In no. event shall the Facility Owner or Lead Agency have the right to pay, settle or otheIWise compromise such claim without the prior written consent of the Participating Agencies who shall not unreasonably withhold such consent. THE LEAD AGENCY SHALL NOT BE LIABLE TO THE FACILITY OWNER, P ARTICIP ATING AGENCIES OR THEIR USERS OR ANY SUBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES ALLEGED TO HAVE ARISEN DUE TO AN INTERRUPTION OF SERVICE OR DAMAGE TO ANY FillER OPTIC CABLE OR ASSOCIATED EQUIPMENT. B. LIMITATION OF LIABILITY AND INDEMNITY-FACILITY OWNERS Facility Owners, when acting in that capacity, shall not be liable, in law or in equity, to the Lead Agency, Participating Agencies, or any subsequent user for any damages relating to the interruption of service or interference with the operation of the Fiber Optic Project, except to the extent caused by the Terms and Conditions for Sharing of Fiber Optic Installation Projects gross negligence or willful misconduct of the Facility Owner. The Lead Agency and Participating Agencies shall indemnify and save harmless Facility Owners, their officers, employees, and agents from all claims, actions, liability, and damages of any nature arising out of any act or omission, except in the event of gross negligence or willful misconduct by the Facility Owner in connection with this Agreement. If any claim arises to which this indemnification provision may be applicable, the Facility Owner shall immediately upon learning of such claim, notify the Lead Agency, and upon such notice, the Lead Agency shall promptly notify the Participating Agencies. The Participating Agencies may, at their option, settle or compromise such claim. In no event shall the Facility Owner or Lead Agency have the right to pay, settle or othelWise compromise such claim without the prior written consent of the Participating Agencies who shall not unreasonably withhold such consent. THE FACILITY OWNER SHALL NOT BE LIABLE TO THE P ARTICIP ATING AGENCIES OR THEIR USERS OR ANY SUBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES ALLEGED TO HA VB ARISEN DUE TO AN INTER- RUPTION OF SERVICE OR DAMAGE TO ANY FIBER OPTIC CABLE OR ASSOCIATED EQUIPMENT. C. LIMITATION OF LIABILITY AND INDEMNITY-PARTICIPATING AGENCIES A Participating Agency, when acting in that capacity, shall not be liable, in law or in equity, to the Lead Agency, the Facility Owners or any other Participating Agency, or any subsequent user for any damages relating to the interruption of service or interference with the operation of the Fiber Optic Project, except to the extent caused by the gross negligence or willful misconduct of that Participating Agency. The Lead Agency, the Facility Owner and the other Participating Agencies shall indemnify and save harmless a Participating Agency and its officers, employees, and agents from all claims, actions, liability, and damages of any nature arising out of any act or omission, except in the event of gross negligence or willful misconduct by that Participating Agency in connection with this Agreement. If any claim arises to which this indemnification provision may be applicable, the Facility Owner shall immediately upon learning of such claim, notify the Lead Agency, and upon such notice, the Lead Agency shall promptly notify the Participating Agencies. The Participating Agencies may, at their option, settle or compromise such claim. In no event shall the Facility Owner or Lead Agency have the right to pay, settle or othelWise Tenns and Conditions for Sharing of Fiber Optic Installation Projects compromise such claim without the prior written consent of the Participating Agencies who shall not unreasonably withhold such consent. . A P ARTICIP ATING AGENCY SHALL NOT BE LIABLE TO THE LEAD AGENCY, THE FACILITY OWNER, OR OTHER P ARTICIP A TING AGENCIES OR THEIR USERS OR ANY SUBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES ALLEGED TO HA VB ARISEN DUE TO AN INTERRUPTION OF SERVICE OR DAMAGE TO ANY FillER OPTIC CABLE OR ASSOCIATED EQUIPMENT. IX. ADDITIONAL TERMS AND CONDITIONS A. LAWS, LICENSES, AND PERMITS 1. General Requirement All Work done under this Agreement or any Fiber Optic Project Agreement shall comply with all applicable federal, state, and local laws, and all rules, regulations, orders, and directives of the administrative agencies and officers thereof 2. Licenses, Permits and Similar Authorizations The Participating Agencies shall have and maintain in effect at all times all necessary franchises, licenses, permits, consents and easements from federal, state and local authorities and the owners of rights-of-way and private property. The Participating Agencies will comply with all requirements thereof to install, construct, maintain, operate and remove any fiber optic installation( s). B. PERFO~CE Each Participating Agency will perform all of its obligations under this Agreement or any Fiber Optic Project Agreement in a reasonable and timely manner. The standard for such performance will be the normal industry standard in the relevant market. Where any Participating Agency's approval, satisfaction, authorization, or similar approbation is required, such approval, satisfaction, authorization, or similar approbation will be forthcoming in a timely manner and will not be unreasonably withheld. Terms and Conditions for Sharing of Fiber Optic Installation Projects C. SUBJECT TO LAWS This Agreement and any Fiber Optic Project Agreements are subject to all applicable federal, state, and local laws, and regulations, rulings and orders of governmental agencies. Any Participating Agency may terminate its obligations under this Agreement or any Fiber Optic Project Agreement if ordered to do so by the final order or filing of a court or qther governmental agency or if such order or ruling would make it impossible for any Participating Agency to cany out its obligations.. In addition, if at any time during the term of this Agreement or any Fiber Optic Project Agreement, the action of a governmental agency requires modification of any terms and conditions in order to meet legal requirements, or renders performance by any Participating Agency unreasonable, the Participating Agencies will enter into negotiations to achieve an equitable adjustment and accounting of any increased costs or liabilities incurred by any Participating Agency as a result of such required modification. The preceding section shall not apply to a court order determining that the Participating Agencies' use violates a private easement. The Participating Agencies, in their capacity as Facility Owners, have no actual knowledge of any restriction in their agreements with third parties which would prohibit the Participating Agencies' use of Facilities as contemplated herein. The Participating Agencies recognize that the Facility Owners have done no special searches or investigations with respect to restrictions in their agreements with third parties that may affect the use of Facilities as contemplated this Agreement or by any Fiber Optic Project Agreement. D. FORCE MAJEURE Any Participating Agency may suspend performance under this Agreement or any Fiber Optic Project Agreement and such non-performance will be excused where performance is rendered impossible or impracticable for reasons beyond such Participating Agency's reasonable control, such as, but not limited to, acts of nature, war or warlike operations, civil commotion, riot, labor dispute including strike, walkout, or lockout, sabotage, or superior governmental regulation or control. Upon removal or termination of the force majeure event, the Participating Agency claiming force majeure shall promptly perform the affected obligations in an orderly and expedited manner or procure a substitute for such obligation. The Participating Agencies shall use all reasonable efforts to eliminate or minimize any delay caused by a force majeure event. Tenns and Conditions for Sharing of Fiber Optic Installation Projects E. NO WANER No term or provision hereof shall be deemed waived or consented to, and no breach excused unless such waiver or consent shall be in writing and signed by the Participating Agency claimed to have waived or consented. Failure of anyone more Participating Agencies to insist upon strict performance of, or that Participating Agency's waiver of, any of the terms, conditions, or obligations of either the General Terms and Conditions or a specific Fiber Optic Project Agreement, shall not be a waiver of any other term, condition, covenant or obligation, or of any subsequent default by breach of the same or other term, condition, covenant or obligation contained herein by anyone or more particular Participating Agencies, nor shall such action or inaction by anyone or more Participating Agencies be constructed as to bind or prejudice any other Participating Agency. F. SEVERABILITY In the event any section, sentence, clause, or phrase ofthe General Terms and Conditions or a specific Fiber Optic Project Agreement is adjudicated to be invalid or illegal by a court of last resort and of competent jurisdiction, the remainder of the General Terms and Conditions or of a specific Fiber Optic Project Agreement shall be unaffected by such adjudication and all other provisions shall remain in full force and effect as though the section, clause, or phrase so adjudicated to be invalid had not been included herein. The Participating Agencies agree to then negotiate, in good faith, a replacement section, sentence, clause, or phrase which is legal and most closely represents the original intent of the Participating Agencies. G. RIGHTS CUMULATNE The rights and remedies ofthe Participating Agencies provided for under the GeneralTerms and Conditions or under a specific Fiber Optic Project Agreement are in addition to any other rights and remedies provided by law. The failure to exercise on any occasion any right shall not operate to forfeit such right on another occasion. The use of one remedy shall not exclude or waive the right to use another. Terms and Conditions for Sharing of Fiber Optic Installation Projects H. CONTRACTUAL RELATIONSHIP The General Terms and Conditions do not constitute the Participating Agencies as the agent or legal representative of a Facility Owner for any purpose whatsoever. The Participating Agencies are not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name ofthe Facility Owner or to bind the Facility Owner in any manner or thing whatsoever. I. HEADINGS The titles of sections are for convenience only and do not define or limit the contents. J. APPLICABLE LAW AND VENUE This Agreement and any Fiber Optic Project Agreements among the Participating Agencies shall be construed and interpreted in accordance with the laws of the State of Washington, and venue of any action brought hereunder shall be in the Superior Court for King County. K. BINDING EFFECTS The provisions, covenants and conditions in the General Terms and Conditions and in any specific Fiber Optic Project Agreement apply to bind the Participating Agencies, their legal heirs, representatives, successors, and asSignS. L. ASSIGNMENT No Participating Agency or Lead Agency shall assign its rights or assign its duties under this Agreement or any Fiber Optic Project Agreement without the prior written consent of the other Participating Agencies, which consent shall not be unreasonably withheld. M. NOTICES All notices and other materials to be delivered hereunder, shall be in writing and shall be delivered or mailed to addresses as identified in Exhibit A to this Agreement and in any Fiber Optic Project Agreement. Terms and Conditions for Sharing of Fiber Optic Installation Projects N. MODIFICATION OR AMENDMENT No modification to or amendment ofthe provisions of the General Terms and Conditions or of any specific Fiber Optic Project Agreement shall be effective unless in writing and signed by authorized representatives of the Participating Agencies to this Agreement and the Fiber Optic Project Agreement. The Participating Agencies expressly reserve the right to modify any agreement, from time to time, by mutual agreement. O. EXECUTED IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute but one instrument. P. SUPERCEDES CITY OF KIRKLAND FRANCHISE This Agreement and any Fiber Optic Project Agreements supersedes the Franchise granted to the Lake Washington School District for purposes of its fiber optic cable to the extent it contains terms and conditions which change, modify, delete, add to, supplement or otherwise amend the terms and conditions of the Fninchise. Terms and Conditions for Sharing of Fiber Optic Installation Projects IN WITNESS WHEREOF, the parties hereto have executed these General Terms and Conditions For Sharing of Fiber Optic Installation Projects on the respective dates indicated below. Approved as to Form: David Ramsay City Manager, City of Kirkland Date City Attorney Approved as to Form: Steve Sarkozy City Manager, City of Bellevue Date City Attorney Weldon Thrig Executive Vice President University of Washington Date Robert Collard Date Assistant Superintendent Business Services Lake Washington School District Terms and Conditions for Sharing of Fiber Optic Installation Projects Exhibit A Participating Agencies, Approvals, and Contacts Notices under the Agreement shall be as follows: To the City of Kirkland: Donna Gaw Network and Operations Division Manager City of Kirkland 123 5th Avenue Kirkland, W A 98033 d2aw@ci.kirkland.wa.us 425 828 2227 To the Lake Washington School District: MIS MANAGER PO Box 97039 Redmond, W A 98073-9739 To the City of Bellevue: Gary Clesson City of Bellevue Senior Technology Architect 301116th Ave SE Suite 450 Bellevue, W A 98004 To the University of Washington: Weldon Ihrig Executive Vice President Office of the Executive Vice President University of Washington 306 Gerberding Hall Box 351235 Seattle, W A 98195 Any Party may change the person(s) to be notified or the address for the notification by giving written notice of the change, in writing, to the persons then designated to receive routine notices. ADDENDUM # GENERAL TERMS and CONDITIONS For Sharing of Fiber Optic Installation Projects WHEREAS, the City of Bellevue, the City of Kirkland, the City of Renton, the City of Auburn, the lake Washington School District, the Renton School District, the Bellevue School District, the University of Washington, Bellevue Community College, Evergreen Hospital, and Seattle Public Utilities, (the Participating Agencies) have entered into the General Terms and Conditions for Sharing of Fiber Optic Installation Projects, and; WHEREAS, the City of Federal Way, desires to participate in the planned and future Fiber Optic Projects but cannot because it is not a Participating Agency subject to the General Terms and Conditions for Sharing of Fiber Optic Installation Projects, and; WHEREAS, the current Participating Agencies desire to amend the General Terms and Conditions for Sharing of Fiber Optic Installation Projects to add the City of Federal Way as a Participating Agency for participation in the planned and future Fiber Optic Projects; NOW THEREFORE, the parties hereby agree as follows: 1) All terms in this Addendum shall have the same meaning as the defined terms in the General Terms and Conditions for Sharing of Fiber Optic Installation Projects. 2) City of Federal Way hereby acknowledges that it has read, understands and accepts the General Terms and Conditions for Sharing of Fiber Optic Installation Projects, hereby incorporated by reference as if fully set forth, and agrees to be bound by them. 3) As provided in Section IX, paragraph N, the current Participating Agencies hereby amend the General Terms and Conditions for Sharing of Fiber Optic Installation Projects to add City of Federal Way as a Participating Agency, and City of Federal Way, by executing this agreement, consents to becoming a Participating Agency. IN WITNESS WHEREOF, the parties hereto have executed this Addendum to the General Terms and Conditions For Sharing of Fiber Optic Installation Projects on the respective dates indicated below. Approved as to Form: David Ramsay City Manager, City of Kirkland Date City Attorney Approved as to Form: Steve Sarkozy City Manager, City of Bellevue Date City Attorney Weldon Ihrig Date Executive Vice President University of Washington Barbara Posthumus Date Coordinator Business Services lake Washington School District Tom Martin Date Chief Information Officer Evergreen Hospital Jack McLeod Date Director, Facilities and Information Services Bellevue School District Approved as to Form: Denis Law Mayor, City of Renton Date City Attorney Stanley Morency Date Director of Information Services Renton School District 403 Approved as to form: B. Jean Floten President Bellevue Community College Date Assistant Attorney General William M. Schrier Chief Technology Officer City of Seattle Date Approved as to Form: Pete lewis Mayor, City of Auburn Date City Attorney Approved as to Form: Jack Dovey Mayor, City of Federal Way Date City Attorney COUNCIL MEETING DATE: April 7, 2009 ITEM #: r" CL . m ........................._........... ...........\.V....!....................._..~.__..._...- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: KNUTZEN FAMILY THEATRE MANAGEMENT AND OPERATIONS POLICY QUESTION: Should the Council approve the proposalfor management of the Knutzen Family Theatre? COMMITTEE: PRHSPSC MEETING DATE: March 10, 2009 CATEGORY: D Consent IZl City Council Business D Ordinance D Resolution D D Public Hearing Other ~!~l!l!..~~g~!~X:~~ry.~~~~!.'.~~~.!.~~~i9~_~~.4....~.!:1.!!.!:1.!..'.l:!~y.s:.~:~~r~:_.._..._..........._._.... DEP~~~~~~.._________...._.._.. In November of 2008 City Council directed staff to develop a Request for Proposals (RFP) for management and operations of the Knutzen Family Theatre (KFT). Currently, KFT is owned and managed by the City. WdhdY'~uJJ -,. ~rV\ W, ~\Le-Htr~rn\'ffi~. Attachments: 1. Staff Background Memo 2. RFP for Knutzen Family Theatre Management 3. Scoring Information 4. RFP Financial Analysis 5. Proposal submitted from Centerstage Theatre Conservatory 6. Proposal submitted from Tacoma Musical Playhouse OPti~ns sidcred: ~tlJJo-~ ct 1. ccept the R~eest for Proposals :from Centerstage Theatre Conservatory and authorize staff to . negotiate a tw greement for management and operations with a management fee of $70,000 for year one and $75,6 for year two. 2. Accept the Request for Proposals from Tacoma Musical Playhouse and authorize staff to negotiate a two year agreement for management and operations with a management fee of $90,000 for year one and $75,000 for year two. 3. Maintain current management operations at the Knutzen Family Theatre as a city owned and operated facility. 4. Provide alternative direction to staff. PANEL RECOMMENDATION: The Review Panel recommends Option 2. CITY MANAGER ApPROVAL: ~ to Committee b-tAY\ to Council DIRECTOR ApPROVAL: :>I:- to Committee ~):: To Council o('t\ Dh 1='= ;L. Committee Member / r:>,~ ef COUNCIL ACTION: o APPROVED o DENIED COUNCIL BILL # 1 ST reading o T ABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 Enactment reading ORDINANCE # RESOLUTION # PROPOSED COUNCIL MOTION: "] move approval of Option 1, acceptance of the Centerstage Theatre Conservatory proposalfor management of the Knutzen Family Theatre and authorize staff to negotiate a two year agreement with a management fee of$70, 000 for year one and $75,600 for year two." ~ I I ~ CITYOF ~ Federal Way PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM DATE: March 4,2009 TO: Parks, Recreation, Human Services & Police Council Committee FROM: Mary Faber, Recreation and Cultural Services Superintendent VIA: Neal J. Beets, City Manager SUBJECT: Knutzen Family Theatre Request for Proposals BackQround: Following Council direction in November of 2008 to develop a Request for Proposals (RFP) for the management of Knutzen Family Theatre, staff researched management models regionally and nationally to develop the RFP. Following a public submittal period, two proposals were submitted: Centerstage Theatre Arts Conservatory and Tacoma Musical Playhouse. A selection panel comprised of four members evaluated the written proposals and participated in an oral interview with each of the respondents. The committee was: Charlie Rathbun, Cultural Arts Program Manager, 4Culture laurie Rose, Cultural Arts Manager, City of Auburn Heidi Horton, Financial Analyst, City of Federal Way Mary Faber, Recreation and Cultural Services Supt., City of Federal Way The criteria for the evaluation of the RFP is as follows: Selection Process and Criteria The proposals will be evaluated by a selection committee. The City intends to evaluate the proposals generally in accordance with the first 3 criteria itemized below. After this initial evaluation, the 3 respondents with the highest initial scores will be interviewed by the selection committee. 1. Project Approach (25 points) a. Understanding of the Scope of Work and the tasks to be performed. b. Detailed plan or strategy to operate the space as a venue for performance rentals, arts-related, civic, and other activities. c. Response to narrative summary, staffing, marketing and box office and transition plans. d. Respondent's organizational capacity in successfully managing and operating a theatre. 2. Financial Feasibility and Cost Effectiveness (25 Points) a. How realistic is the proposal based on its economic assumptions. b. The experience and financial capacity of the respondent to perform duties and obligations of managing and operating a theatre. c. Reasonableness of the management fee proposed and clarification. 3. Assigned Key Staff (15 Points) a. Recent experience of key staff to and a description of the tasks to be performed by each staff person. b. Professional qualifications and education. 4. Experience of Entity (15 Points) a. Expertise of the entity and any contractors in the fields necessary to complete the tasks. b. Experience of recent similar experience, including adherence to schedules, deadlines and budgets. c. Results of reference checks. 5. Oral Interview (20 Points) Following the evaluation of the qualified, responsive submitted proposals under the criteria listed above, up to 4 respondents receiving the highest scores will be invited to an oral interview. The interview will consist of standard questions asked of each interviewed respondent. The interview will be rated with a final score for each of the sections, for a total score out of 100 points. Information on individual and group scoring of the materials is included along with additional financial analysis of each proposal. Request for Proposals for Knutzen Family Theatre Management February 11, 2009 Deadline for Submission: February 24, 2009, 5:00 p.m. Publication: Daily Journal of Commerce, February 11, 16,2009 Federal Way Mirror, February 14, 18 City of Federal Way Website www.cityoffederahvav.com 2/11-2/24/09 2 Table of Contents Title Page Number I. Project Description...................................... ..1 Area Demographics and Amenities.....................1 II. III. IV. V. VI. VII. Scope of Work. . . . . . . . .. . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . .2 Schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . ..3 Submission Requirements. .... .............. ..... ..... ...4 Evaluation and Selection Criteria..................... ...6 Terms and Conditions for Receipt of Proposals. .... ..7 VIII. Required Forms. ... ......... .... ..................... ........8 Knutzen Family Theatre Building Layout..............9 Appendix A Appendix B Excerpt :from Performing Arts Center & Conference Center Analysis. ............. ...... ..................... .10 I. Project Description The City of Federal Way is seeking proposals for the management and operation of the Knutzen Family Theatre ("Theatre"). Specific aspects of the management and operation of the theatre will be identified in the terms and conditions mutually agreed upon by the City and respondent selected as the most qualified entity. The City of Federal Way purchased the 12 acre Dumas Bay Centre property in 1993 from the Sisters of the Visitation Monastery. The site is located on a bluff overlooking the Puget Sound with views of the Olympic Mountains in the distance. The building located on the property is approximately 38,508 sq. ft. and serves as a multi-use facility. The conference and retreat function feature 4 meeting rooms and 67 overnight rooms. There is also a 234-seat theatre known as Knutzen Family Theatre and recreation program spaces. Local, regional and international meetings and conferences and events are held on-site. One common parking area is shared among all users on site. Uses of the Knutzen Family Theatre will be coordinated with other activities occurring on the site. General Theatre Information: Parcel Number: Building Development: Current Management: Primary Non-Profit Rental Use: Building size: Zoning: Parking: Theatre seating capacity: Stage Dimensions: 25' Other Spaces: 122-103-9146 2.2 million project in 1998, renovation of an existing chapel City of Federal Way Centerstage Theatre Conservatory Dumas Bay Centre-38,508 sq. feet, Knutzen Family Theatre occupies approximately 8,100 sq. feet of the building RS, Single 104 parking spaces, shared with Dumas Bay Centre 234 Stage opening-36'6" wide, 19' high, stage depth- See Exhibit "A". Theatre lobby, men's and women's dressing areas, sound/light booth, rehearsal space, temporary storage, single bathroom, 2 office spaces, access to a designated box office. See Exhibit "A". II. Area Demographics and Amenities Federal Way is located in the southwestern comer of King County between Puget Sound and the Green River Valley, approximately 20 miles from downtown Seattle, 8 miles from SeaTac Airport, and 10 miles from downtown Tacoma. 1 Incorporated in 1990, Federal Way is the third largest city in King County and the seventh largest city in the State of Washington with a current population of 86,500. In addition to the substantial resident base, Federal Way is home to a number of major corporations including Weyerhaeuser Company, World Vision and TOTE (Totem Ocean Trailer Express, Inc.). Federal Way residents and visitors also enjoy an array of attractions and recreational opportunities including the Federal Way Community Center (72,000 sq. foot facility with 2 pools, gyms class and rental spaces), Celebration Park (a 83.5 acre park with softball & soccer tournament complex), Enchanted Parks/Wild Waves (a 70-acre amusement/theme park), Steel Lake Park (venue of summer concert series), Hylebos State Park (a ISO-acre reserve that protects wetlands and wildlife), Dash Point State Park (398 acres on Puget Sound), Pacific Rim Bonsai Collection, Rhododendron Species Botanical Garden, BP A Trail, Dumas Bay Centre (12-acre park with a multi-use facility; and the Commons of Federal Way (a regional mall offering 115 diverse stores and restaurants). There is a strong arts community in Federal Way, and the City has been an active partner in promoting the arts. The arts community consists of six performing arts organizations including the prestigious Federal Way Symphony, and a professional theatre organization-Centerstage Theatre Arts Conservatory. The nine-member Federal Way Arts Commission takes an active role in enhancing arts in the community and is responsible for the displays in two visual arts galleries located in the City Hall and at the Knutzen Family Theatre; the 2% for arts program, the Red, White and Blues Festival and the provision of high quality arts opportunities for residents. The City completed an Arts and Conference Feasibility Study in January, 2008. Information regarding the Knutzen Family Theatre contained in the study is included as Exhibit "B". III. Scope of Work The scope of work ("Scope of Work") described in this Section is to be used as a general guide and is not intended to be a complete list of all work necessary for management and operations of the Theatre. A respondent (a "respondent" or "proposer") to this Request for and Proposals (this "RFP") may suggest modifications to the Scope of Work as part of its proposal. The Management entity will be responsible for all day-to-day operations of the Theatre including all financials associated with the operation subject to a negotiated management fee. The RFP should identify the proposed financial support needed from the City for the ongoing management and operation of the Knutzen Family Theatre. This should include a reasonable proposal for maximizing use of the Theatre to develop capacity for long- term, stable management ofthe Theatre and continuation of valuable civic services and programs. The City will maintain access to the Theatre to continue city-sponsored theatre and recreation programs-this will be a negotiated item with the Management entity. 2 It is recognized that the Management entity will require funding beyond earned revenue to finance capital projects, equipment replacement, extraordinary maintenance, and other needs of the Theatre. These costs will be negotiated bi-annually as a part ofthe city's budget process. The Management and Operations Agreement with the selected entity will be for an initial two year period, with a renewal term available based on evaluation of the programming, finances and operations ofthe Theatre. A. City Goals: Maximize the use of the Theatre, maintain and preserve the facility, ensure accountability for fiscal and organizational management, serve as rental space for non-profit arts organizations and other users, serve as a location for civic activities and promote cultural arts growth in the community. B. . . . . . . . . . . . IV. The scope of the Management and Operations Agreement includes: Coordination of use with Dumas Bay Centre and recreation programs; Scheduling rental use ofthe theatre including local non-profit arts organizations; Scheduling artists, performances, educational endeavors, and presentations; Marketing and promotions; Establishing rental rates and guidelines for the use ofthe facility; Providing box office and customer services; Providing technical theatre support, including proper maintenance of theatre equipment; Hiring of or contracting for all necessary personnel; Financial management for the facility operations; Janitorial, housekeeping, general repairs and maintenance, utilities; Facility management Schedule The anticipated schedule for selecting a consultant is shown below. The anticipated dates for items 5 and 6 are merely estimates and are not binding on the City. A mandatory pre-proposal tour will be held on February 18, 2009, at 10:00 a.m., at the Knutzen Family Theatre. City representatives will be available to respond to questions regarding this RFP, the physical facilities, and the operating aspects of the Theatre. Proposal Phase Date 1. RFP is advertised and issued by the City............. February 11,2009 2. Mandatory Pre-Proposal Tour.............................. February 18, 2009 3. Proposals due (the "Due Date") ........................... February 24, 2009 4. Oral interviews with finalist ................................ February 27, 2009 5. Selection of respondent for negotiations March 18, 2009 3 v. Submission Requirements A. Time and Place for Submission of Proposals. Proposals must be received by 5:00 p.m., on February 24,2009. Postmarks will not be considered in judging the timeliness of submissions. Proposals must be delivered in person or by courier or by mail to: Jeri-Lynn Clark, Purchasing City of Federal Way 33325 8th Avenue South P.O. Box 9718 Federal Way, W A 98063-9718 (253) 835- 2526 Respondents shall submit an original and 8 copies ofthe proposal, separately bound, in a sealed envelope clearly marked "Knutzen Family Theatre Management and Operations Proposal" to the above location. Neither electronically-transmitted proposals nor late submissions will be accepted. B. Format and Content of Proposals. Respondents interested in responding to this RFP must submit the following information, in the order specified below: 1. Qualification Statement (up to 2 pages) Provide a qualification statement, signed by a person authorized to bind the respondent to the representations, commitments and statements contained therein, with the following information: a. A description ofthe organizational structure of your entity (e.g., corporation, partnership, Limited Liability Company), the jurisdiction in which it is organized and date of such organization. b. The name, address, telephone number and facsimile number of the person authorized to represent your entity with respect to all notices, negotiations, discussions and other communications relating to your proposal, the selection process and any negotiations relating to the contract. c. A general description of all relevant experience and credentials pertaining to projects or transactions similar to the management and operations ofthe Theatre in size and scope, specifically any public-private partnership projects. d. A representation that your entity is in good standing in the State of Washington and has all necessary licenses, permits, approvals and authorizations necessary in order to perform the Scope of Work and conduct its business. If the respondent is comprised of multiple parties or would use other contractors, a duly signed qualification statement must be provided for each party. 4 ---------- -I I I 2. Key Staff; Past Experience a. Provide a list identifying (i) Executive Director, (ii) the facility manager, (iii) the role each key staff member will play in the project, and (iv) a written assurance that the key individuals listed and identified will be performing the work and will not be substituted with other personnel without the City's prior approval. b. Provide a description of the experience and qualifications of each key staff member, including brief resumes. c. Provide a description of past experience similar in scope to the management and operations of a theatre by your entity, including the location, term, type of facility, reference and telephone numbers, and contact names. Descriptions should be limited to 1 page for each item. The City may ask for supporting documentation substantiating claims of . . previOUS expenence. 3. A Narrative Summary Include the nature and structure of the proposed management, and how the proposal addresses each ofthe goals as indicated. The narrative should address how the Respondent intends to divide its priorities between facility management, facility operation, facility maintenance and, if it chooses, presenting. The Knutzen Family Theatre is used extensively by non-profit arts organizations; respondent should include knowledge or abilities in working with non-profits. 4. A Staffing Plan Provide a organization chart, description ofthe key staff and the roles they will play within the organization. 5. Box Office and Ticket Sales Plan Provide a box office and ticket sales plan including any subscription sales and methodology for incorporating ticket sales with user groups and city uses. 6. Facility Utilization and Marketing Plan Describe the proposed schedule of rentals, events and other uses to maximize utilization of the building and the marketing strategies, resources, and experience to achieve those goals. 7. Transition Plan Provide a plan for the assumption of management and operations duties from the City. 8. References Provide references for your entity, the Executive Director and/or facility manager, and all key staff, including the name, address and telephone number of at least 3, but no more than 5, recent references. A respondent's submission of such 5 references shall be deemed to be a grant of permission to the City to contact such clients any time to discuss the respondent and its work for such client. 9. Financials/Management Fee Proposal Provide last three years of financial statements. Respondent to include a detailed projected pro forma for two years of management and operations. The pro forma should include the proposed financial management fee for operating the theatre for year one and year two and clarification of proposed fee; If City elects to award a contract, the City intends to award the contract to the respondent that it considers will provide the best overall services and value. The City reserves the right to accept other than the lowest priced management and operations fee and to reject any proposals that are not responsive to this RFP. VI. Evaluation and Selection Criteria A. Minimum Qualifications 1. The respondent must demonstrate 3 years of experience in managing and operating performance facilities. 2. The respondent must demonstrate general knowledge of non-profit arts planning including booking, scheduling, box office, marketing, and collaborations. 3. Demonstrated financial and organizational capacity to manage a Theatre. Any proposal that does not demonstrate that the respondent meets these minimum requirements by the deadline for submittal of proposals will be considered non- responsive and will not be eligible for any award ofthe contract. B. Selection Process and Criteria The proposals will be evaluated by a selection committee. The City intends to evaluate the proposals generally in accordance with the first 3 criteria itemized below. After this initial evaluation, the 3 respondents with the highest initial scores will be interviewed by the selection committee. I. Project Approach (25 points) a. Understanding ofthe Scope of Work and the tasks to be performed. b. Detailed plan or strategy to operate the space as a venue for performance rentals, arts-related, civic, and other activities. c. Response to narrative summary, staffing, marketing and box office and transition plans. d. Respondent's organizational capacity in successfully managing and operating a theatre. 2. Financial Feasibility and Cost Effectiveness (25 Points) 6 a. How realistic is the proposal based on its economic assumptions. b. The experience and financial capacity of the respondent to perform duties and obligations of managing and operating a theatre. c. Reasonableness of the management fee proposed and clarification. 3. Assigned Key Staff (15 Points) a. Recent experience of key staffto and a description of the tasks to be performed by each staff person. b. Professional qualifications and education. 4. Experience of Entity (15 Points)' a. Expertise of the entity and any contractors in the fields necessary to complete the tasks. b. Experience of recent similar experience, including adherence to schedules, deadlines and budgets. c. Results of reference checks. 5. Oral Interview (20 Points) Following the evaluation ofthe qualified, responsive submitted proposals under the criteria listed above, up to 4 respondents receiving the highest scores will be invited to an oral interview. The interview will consist of standard questions asked of each interviewed respondent. The interview will be rated with a final score for each of the sections, for a total score out of 100 points. VII. Terms and Conditions for Receipt of Proposals 1. . The successful proponent will be required to possess or to obtain a City Business License. 2. The City reserves the right to reject any and all proposals, and to waive minor irregularities in any proposal. 3. The City reserves the right to request clarification of information submitted, and to request additional information from the respondent. 4. The City reserves the right to award the contract to the next most qualified entity, if the awardee vendor does not execute a contract within thirty (30) days after being awarded as the most qualified entity. 5. Any proposal may be withdrawn up until the date and time set above for submittal of the proposal. Any proposal not so timely withdrawn shall constitute an irrevocable offer, for a period of ninety (90) days to sell to the City the services 7 described in the attached specifications, or until one or more of the proposals have been approved by the City administration, whichever occurs first. 6. The City shall not be responsible for any costs incurred by the respondent in preparing, submitting or presenting its response to the RFP. 7. If no single proposal satisfactorily meets the criteria above, the City may choose to award this proposal to more than one proponent, or to award only part of this proposal, whichever is in the City's best interests. VIII. Required Forms Before the City can award any contract, that contractor must file the following forms: 1. W-9 Taxpayer Identification Number and Certification 2. Signature Authority 3. Certificate oflnsurance showing sufficient type of coverage and coverage amount as required by the City; and showing the City as additional insured. 8 Exhibit A . . ....- -... STAGE . . . THEATRE . lOBBY . . l E3 E3 ~ - . . 6,3' eve IJI$ TI'lAVllt.IiA ~ I 16' J t 9' l ~- "' 19' I ~ LEG SIlT fi / ~ / '~ , , WHtIiNf!HN MlSTilAVELEA LEG SIlT #1 HOlDING ROOM Stage Openl'ng: 36' 6- W x 19' 0" H The Knutzen Family Theatre 9 Exhibit B C.H. JOHNSOl'l CO.NSUL"I'ING,INC. ,eu~rU'.~M~ fl_"AIfI'}~ ~ifl'l::~LTlII"I'G MALY$S OFTHEPERFORMING..ARTsMARKET l'hi~.. wiUexpl.,.e ..tfie. ettrnml.pedo:rmmg. arb; tMik(tIUl Fedel".at. Way.. W~~I~. the.regi~lpe:IQm'L~i ~smarket, .andthenali<mal pmarmms art~ ~rket. Revi~ .the. currenl~rfomUng .N'~ marketond the Kmlmm p~ Th~tw. will d~thftl~fOral1ew 'facUity and. if .~ n~u det~ to be p.~sen.~ ~t onenmtlon 1he nev.' .facility mould tlllke. A ;t:~", oflhe :regional pt3'J'tonnmg arts IWU'ket )1iI a~l'ettuitedtD ~inwNt Ilimillllf perfmtni.ng arts cmm:ntmltkG in the area Me Uke and. what types of focilities .the8e~trumitie&utilize. Ad~Ur, a ~t natmrW~parftbl.e~tiBil 'IN". ~ted ~ore 1'IaUc;J:l'lBl trends in perfur.m.ing at'bs. KnutzBt1 Family D.er. Kntrtzm PlJmily Theatre. ~enU Way, Waahington.- 1..clca11ld in federal Way. ~ Kntrtzm Pamlly Thea;tre (KPn was built in 1998. A $2.2 millh::m. project of the at)'.. fm: ",.l\ich the Fedenl .Var COfiUtion for Pe.rio:rrnirtg Arts (FWCPA).. a 001 d niOD- pmfit arga:nization,. ra:ised $<100..000 1m '0JlIii~ The ~h"e is ~ after longtime :Fedreml Way residents and d.OI1on; the Knutzen fm::n:.iJy. ~ theatre Ctf1T'e'LUy seats 2M ~. and im.tla..... enoush lor 5leVe11l1 pote.ntia.l n!llE!1' group'iS. The KPT..locllted within the Du~ Bay C~ Center, i~ on the Puget Sound, in a beautiful filetting. 1'he Facility is owfiN b)'fhe CIty a:ndrun by (mE;!' full time &taffme.rriber s:npple:rrwmted wilh pert lime and temporary handli. The fadlity holt aeen limited use aa a rental fadUty with a 1oe.,.1 performirlg group (~ Tl'l.eatre) as ~ tenant. A pritmuy obj0dlve of lite CHy of Federal WilY _to Cl'E!ide mOR:! Ul!Ie for the iacffily. Currently lite I.ttmtre :is us<.-d by a wide variety of grot:rpa but mostly .relies o:n the. ~51 highlighled below; · Cente.T~:iib.1gl!: T:l-M!:atre · Knutmn Family ~tre Workshop ,. Aria Da1:\re CO'mpftny If Ninth Ave:n:ue Sdlool of l..ls.ru:e woo offe:l.";S rKital ~1 ean seat up to 10 people:. The lobby pllery where selected works of 1000a) vlsWll arts community an!' ~ WIlfp,.fb1ring AmJ ~ and~~ IFlliiMlbiMy ~ ~5hp1 JtiIm.IlIIY IO/Iilf 10 C.H. JOHNSON INC. Table 5--1 hi~ighbJlhe~ung bud~fm the.KPrfrmn 2005tQ~. T.bJes-.1 KtIutmn~IIY~~_~I!I:ldD~Y_~ MI 11M .~ A!l.GR Em~b'a ~amFHf; ~1~tJl!lS AV~AenII1I .~~1II ~~Aqnl!il ~!l-'~MQy. ~ SIml:mdnry1~ SpEe and F'~ flfAnlal ~ 11~ 1.m44 1'1,242 1I,tI1W ~ltal M~ 1.8 ~.40t 11;1,117 tt.D79 ',142: .4{1.800 15,$9 6Sl! ... tlU32 t~ 1 ,1JOOf flI,"'! 4l,25e 23t ~lI.1(iO ili.71~ Eil!ll 4:11 ~ E:llrrinp ~~~ ~ TtlhiIfi~ Chsrp; ~~l1OO~lZ lOIIIl1~!'IIiIl ElI~ HiM OpIJratillilJ ~ .i'lm_'~lI~,,*,,~m.IJ~lIIIo ~~~ ~ ~u~ 122 t11 Jm 16"-1 ..n, ~ 13,. ~ 13ft f 99'Iio Mi'1ti. fi 11$ 4'!l. ~ 15'1. 18ll'1. 41$ '1:11!'!1. As MtOW'n in T41ble 5-1. Net Operating.~ (NOI) has retnilUmd steady lrom 2005 th:rough :2007 averaging ~14i' :per year, but had an Anrtual Average Growth R.atEo (MGR) of -2 pen:~t. the 2006. the kn saw an 81 p~ent ~ in thea~ rentD hom an ~ in tvent WnHDiom. ptognml fees, ~OJ:U. and ~n;:all'81.ts. As a ~It of ltte :i.n~ mve:nua, the ~ty geI1efl1ted :increased expenses tha:t ~ "uppli~ ~d utili~ 4tid repairs ilmd mainttm~ whidl ultimately PrOO1Xed the lowest 001 in. ~ amount elf $21...55'7l:he ~ yurt nteasure\l, It sj1oo1d :ooli:dht tbEqxBitive NOI indlJdel D pJanned City :!lubooy kmnner (mown as lnterfund Ttmuifer:) of..ound $125.000 mmlu~ny. SI:n.oe muc.tf thlt theaiter is ~ upon :N!l:ntala EIiI1d the a~ted .revenues prod~i$ Itblt ml:J,le below hiBhligJ:rm ~t re:nt1tl rntea for the KFT. FlNSIhI.. ...~. \\t. ..~1laArt5 ~ MdOmll......~ ~.... ..~5Pmatt 2 A....~ -~ C.H. JOHNSON CONSULTING, INC. lvm~ )1'i4,)>>III!tIf~ 5n:lJJ, ..wP'RMl..WAn: ~T~ Kn The*" Relident Am Orpnizaloo (min, ,aIQ,) Non-Residenl Aria Org~ (mil'l ,$ hill,) COmmerntal PeriOnnaI1Q(t ~ioo {min, 3 tn.) NM-PerirmnM\>> B~lnersa Orpnbb (min, 3 his.) AckIUonrd Costs Lobb~ Only (min, 'T(l(;hnician (mill, 3, Mrs.) Adl:ItbnaJ 811iff {min. 3 In.) ~II RIle ~ Hvur 7 71 93 103 $38 14 11 aoo CUn:Bd :rental .mte5 .for the la.dJity range In priG! for Itte dlffeterd: ~ of organi~ that utili~ the ~. The .rental rates of the KFT m:e Ulud:t lower than the (01:npm'abJe fadlftlmfi, doe to ~ difference in ladUty mnenitie&. Akhough the KFT 18 a rt:il.:e venne, t:he facility is not in the aame ~~ as the other~ profiled, Rffitfd rata; are cUl:"tent to market \Standards MId ~ b8 uf poteIItiaI rey'ULue is i:nevilable. The KPT Mdlity is not meeting the needs; required by most of the local gro1.1p$r Md only a 5elecl.few. ni.'Wf;! been W!lng the IKPl as i\ rnsull. The kFT is very wen utili7A!d consJderlng its locatioo.. stage layout, ~ting limJbrd.OO5, and back of house! sbIging Hmitatioos. Thtt lGIT caten to :fltI:m!! ~ just perfom:Ung arts groups; fhl!Y aim host drutcl1 gft)upl, and ~ evenJ&, The nnfimm standard fw. .trM:kIng use of a tbtmter . ~ number of perlOJ'm~a!S per: day; this ~dtm:i iI.; oot~Dle fw Ihe Knuwftt' e due to the ll:rnited performmg use 'Of ale facility, The followlng.tabIe ~ daYB p1' :mont'tm~ of hQ!W'S. ua"CI due w the low hourly uu~ of the ~ RHJtmd P1IIl1vn_ Af1a~_(:loft~Cemw ..~ ~&P93 .IAni-....~ C.H. OHNSONCONSU INC. Knu~'''' "11'I ~UIAd % U$e Ji!1Ul)rf 1 S~ February 17 61% Narob 18 April 70% May 18 22 July Augusl S~t~ O<i~ iNI;;rItember December 71% 1a 13 10 21 14 ~'W.. 32% roo/.. 45% r_. 196 MmrlhlY ~ [iI,Q~ 14% ~:~ Currently the KFT has a total of 195 days oi u~ . The rnonftls .1Jtat am rtro&t active for the ~ are June and J Illy, l<\'ith a";,13 and 71 ptJlOOnt ttsa8~ for the .respective mDnth. These mon~ ~. p:rimMily uJed by .Ihe Childtm's Family 'Theatre. PoDawing that... the l1ext g~tm ~ rom.es in November, and the facility is ~t 70 pert."'ent OiXUpi'UlCY for the available date8.As ren1Bl facility, having Wo mmy un~ da~ hindlill'l'j the ability to addevt!' the appropriate amnunt of rev~uelilto 0I;)Ve1' expen~ TIle' overall avera8emMthly oecupanc:y is at riot n does provbte a ~fitDpelling reason to n;!!nQwte &m:i1y while a potcnllitl ~r pmDmrlng ~ hality is m the worD. The iaclHty oould be reto(l{ed towam15 oiht:rr ~J' pdmanly COD\munity odentOO ~ rormrtm'cial pnduclions which require and mOlt! ~hi8tlalted In showing the t~ u~ of Ihe fadHt).... we also n~ to show what 'that Wlage :m.eans :in terms att~. IDghlighted in Thble S-4 a rough eslit:mi.te .of ~e reported by the nor. ~WDr~AmCe"Mdeorl"llIl1C1__ F4!1""~ ~1~4 "IBY_ .H JOHNSON CONS INC, KnulHn Fe AtbIndlllnCl TO.., Event" 195 'ro_ BeetS .AsIWnId ~OOJ Rale $5'% ~AlWmtaMe 00.116 At...... ~ :MtemJpneeperE\ltnI154 ~ The has a wtlll of 195 eveftti field at in th~ 234 l'iest theatre. TOM] afu.md~ in the 2.OOt) aea!'ilOTl \VM an ~ gO;116. lliiswss an estimate Ci:'dttllaled by the KFT; thfiY hcvIenot been able to ~te total attendees ~U6e groups that rent the .1a:T are teSpon&ibI.e for trading event Cttrrently the assumed otClJpan'l' .mlie is 66 ~mL As. we look ilt .other (OO1parabl~ hK:iUties. tlt.b :number is better, but very misleading be<;a.ue me sizei$ ~ U:1an the oompambles. Fmancia11y the theater doing Us tel to k~ the city subiiidy to it mktimwn,. bUf as the number of org~Olta srows th~ neeQB to be" gt(:ilk:t' ~ to sooommodate md ka..""p and i'.:dtrOCt C\)["rent and potential usef.it. Local Performing Arts Groups During dtis arndy~is Johluon ~tm8 ~ with several dHNrent O~m1S and en)' Of~ i'ill 01 whmn have a role in getting a oow pttfonning arts ~ builtin Federal Wa)'. Johnson met with. .tqrnsentui'Vt$ hoIn rhe following agenci~ and m:ganizationJ to th.e current fiitUidion :in Federal Way: FedemJ Way Arts C~cm · Pedeml Way 01~, HmnonyKings, tI~d Jet Cities. O1orni ,. Theatre lIII .. E:rem:ldb~~ II F<<l<<al Symphony .. 9fu Ave:nut!' Sdu:wl of Dwlce II Highline Conununit).. ~ III 'eder:aIWay Public Schools F1iIdIftIIW'q' ~I_ AmI CainQr... ~ CWIIot ~ 1lniIi1" hctioIIs PtIl,P' ~2l1fl8 I I ___---.J INC~ C.H. JOHNSON ~&om lliete intwviews,. JcibnBonComi'ultb:lg ~ invaluable ~ght into smne of llie oppottunities and dtalItmgeslhat lllrt!! cu:tJU\tly heing Federal Wet)' and the performlng am; commmdty, The following m a :!I'1JfIUl14~Y of key ob&en'atioos: · Way ~tainSi a pasgkm :for the Hts, mdtbe local performing lMlpport of 8~ their own J~I facility to . In the tiBmi:! ~ the ~ arts ~ are UMble to commit to the f:inmcing of a neW PAC. .for loc'aJ. perIoln\1ng IiU'tli g~ are :inadequate ~" hip quality amtmDiea (ail conditioning.. :space, etc.), and DtOm ~ting, · 1deIlUy, aU the g;ratlp bmlnre a 1,.000.. VIOO ieat theatre is needed, bot C\.:M1m.tly many of the groups play to 400-500 seat audi.~ and many of them. 00 not sell outeveq :show. . · All the groups,. indudlng.the school dJstrid, He not coordinated in what is f1eeded at a new f:adlfty~ !hI' grouP' ~nd ~tiiJl1B. need to join:fon::es md a dear line of communication needs robe estlWlisl1ed in order fm all group! to be 5ati~ wilh the new fiIciUty, Thete m'e iom a :few. of b key ob~OflB ~'ere gathered during the fnh!IVlew phase, The Qvemll :impre.M:im the ~b!! orgnnizatimu Dttd the City of Fmeral Way very young but growing dty, Mld tn be d~ in the eomJng years. The current .aI't$ g;roupI5 are p<<fmming to ~t;:any an older a.rIs audi~; ~re is current'y limited youth artd adult fnvol~t in. the: perforrnm.g .~.oom.m:tmity, People in 'the age' nnge of 510 3(1 need to be brollpl into the CUl'ieI'd m:ts oomnumity of Pedml WilY. AddltiollaUy"idell5 of B gnmd ptifurming c:ent<< have ~ set. The reality is that many of the ~t user group; in the oolumumty are not Jeady to tab.on h fiwmcil1 ~vmty of being main play<<s in a new PAC. 1'hts Iud is critkal 8 new :fadllty and &DuratS of reve:rltle to fund 1he: hdlity, II}' is takIDg all ftw, mqulred stefl in ~g that a MW 13d1.fty iB ~ ~tly and ia feam'ble. The City i:i 4100 factoring in the pIa of the perfomdn@ art& oormnwllty and the future gmw1h of the City when ~~ INs factIU:y. 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I- .- en Q) en Q) C) :J C;CIS:E u U) CIS U) ~ E - Q) 0 .:!t:u o Q) CIS I-UI- -----------------, Knutzen Family Theatre Management Proposal Analysis Operating Revenue: Event Admission Fees $ 16,915 $ 10,638 $ 20,401 $ 9,286 $ 19,043 Program Fees 15,456 7,144 16,177 15,632 19,135 Theatre Rental-Centerstage Theatre 15,000 5,150 15,150 25,750 15,450 Theatre Rentals - Business 4,445 5,747 27,783 24,008 8,995 Theatre Rentals - Arts Organization 5,260 21,150 21,020 9,989 13,985 Theatre - Arts Organization - Nonresident 3,240 1,805 5,537 6,259 2,600 AV Equipment Rental 5,370 2,064 3,142 1,937 492 Rehearsal Space - Arts Organization 325 852 26 78 Theatre Rental - Commercial 920 6,716 Theatre - Nonresidential Art Organization 600 1,118 632 231 Technical & House Staff 6,399 11 ,242 12,079 16,787 16,289 Investment Interest 530 1,804 4,848 3,921 2,660 ---~~._- Grants 4,600 2,500 1,500 500 1,500 Transfer-In from General Fund - Arts Comm 5,310 7,500 Other Miscellaneous Revenue 69 238 3,823 1,002 6.624 Operating Expense: Personnel Costs - Pay/Benefit 121,429 90,070 83,588 122,895 144,153 Office Supplies 1,802 1,299 2,502 5,011 4,609 Household Supplies 1,118 932 90 1,375 1,096 Food & Beverage 632 341 509 913 973 Repair & Maint Supplies 126 208 150 2,235 563 Clothing & Footwear 494 264 Professional Services 32,574 18,173 22,710 13,290 23,129 Custodial & Cleaning 9,424 2,648 8,673 6,949 11,852 Communications/Postage 4 77 Travel & Training 1,390 855 686 543 467 Advertising & Legal Notices 973 2,068 1,319 2,583 10,782 Rental of Furniture/Equipment 721 459 Utilities 15,089 16,221 19,676 21,614 19,716 Repairs & Maintenance 2,168 5,784 8,685 15,965 Printing & Other Miscellaneous 3,243 3,397 2,539 2,533 6,792 * difference between utility tax transfer and total loss are set aside in the KFT for capital purposes. 1:\ParksCommittee\2009\KFT Mgmt Proposal Analysis1 KFT 5 Years 3/10/2009 2:13 PM Knutzen Family Theatre Management Proposal Analysis Operating Revenue: Ticket Sales $ 101,000 $ 107,060 $ 54,000 $ 62,100 Event Admission Fees 20,947 21,994 --~-- Program Fees 21,049 22,101 89,000 96,120 Theatre Rentals - Arts Organization 7,500 7,875 60,000 64,800 AV Equipment Rental 541 568 Rehearsal Space - Arts Organization 2,946 3.093 Technical & House Staff 17,918 18,814 Investment Interest 1,000 1,000 Grants 4,000 4,200 20,000 21,600 CST Donations 44,500 44,500 CST Grants 24,500 24,500 CST Advertising 4,000 4,200 CST Fund Raising 1,000 1,050 Management Fee 70,000 75,250 90,000 75,000 Other Miscellaneous Revenue 5,500 5,775 3,000 3,240 Operating Expense: --.- Personnel Costs - Pay/Benefit 70,000 71,750 112,000 115,360 Office Supplies 3,500 3,675 Household Supplies 5,000 5,150 Professional Services 38,396 39,548 Custodial & Cleaning 8,565 8,822 Advertising & Legal Notices 26,000 27,300 20,500 21,115 Utilities 30.000 30,900 39,000 40,170 Repairs & Maintenance 15,000 15,600 Printing & Other Miscellaneous 10,000 10,300 Production 90,900 96,354 20,000 20,600 Education Expenses 68,500 70,555 CST Contracts 1,500 1,500 Seattle Scenic Studios 25,000 26,250 Past Due Rent 6,250 6,250 1:\ParksCommittee\2009\KFT Mgmt Proposal Analysis1 Proposal 2 Year 3/10/2009 2:13 PM Knutzen Family Theatre Management Proposal Analysis $ 84,000 $ 79,000 $ 132,000 S 122,000 S 107,000 188.000 138,000 149,000 189,000 240,000 (104,000) (59,000) (17,000) (67,000) (133,000) Indirect Costs 15,000 31,000 32,000 33,000 35,000 Capital Costs 9,000 35,000 14,000 4,000 Subtotal Other Costs 24,000 31,000 67,000 47,000 39,000 Proposed CO!1trllct~ CENTERSTAGE Management Fee 72,500 72,500 72,500 72,500 72,500 Indirect Costs 15,000 31,000 32,000 33,000 35.000 Capital Costs 9,000 35,000 14,000 4,000 Subtotal Other Costs 24,000 31,000 67,000 47,000 39,000 EF..2!:19Sed Contract.. TACOMA MUSICAL PLAYHOUSE Management Fee 82,500 82,500 82,500 82,500 82.500 Indirect Costs 15,000 31,000 32,000 33,000 35,000 Capital Costs 9.000 35,000 14,000 4,000 Subtotal Other Costs 24,000 31.000 67,000 47,000 39,000 IlcfwfileluserslPRIMaryJIParksCommittee\2009lKFT Mgmt Proposal Analysis1 Cost to City 3/5/2009 2:40 PM II II II II II II ~.~ I !~ II II III II II II II II II II II II ({:.t1T{RST~G{( . tanetheatre,COl'l"l " 9$063 . WWw.centef~ . .,. ....01< 314'\ . federal'Nay, Wi! p,o,.., RESPONSE TO CITY OF FEDERAL WAY'S REQUEST FOR PROPOSAL FOR KNUTZEN FAMILY THEATRE MANAGEMENT February 24, 2009 . . I -- III II II II II II II III II II II II II I I I TABLE OF CONTENTS Page 2............. ....... ......................... ...Qualification Statement Page 3................................................Key Staff; Past Experience Page 5.......... ................................. .....A Narrative Summary Page 7................................................A Staffing Plan Page 7................................................Box Office and .Ticket Sales Plan Page 7................................................Facility Utilization and Marketing Plan Page 8. ......... ...... ....... ..... ............. .......Transition Plan Page 8.... ......... ..................... ......... .....References Page 9.... ........................................... .FinancialsjManagement Fee proposal Appendix A................................... ....Organization Structure Appendix B........... ... ....... .... .......... ....Financials Appendix C....... ................................Letters of Reference Appendix D.......................................Signature Authority;. Certificate of Insurance I III II III II II II III II III II II II II II 1M ~ ~ ~ " 2 QUALIFICATION STATEMENT a. Centerstage is a nonprofit 501 (c)(3) corporation, it was organized on July 6, 1981 in Seattle. b. Alan Bryce 11527 26th Avenue SW, Seattle WA 98146 (home) Centerstage, PO Box 3141, Federal Way WA 98063 2069328111 (home) 253 6611444 (office) c. Relevant experience and credentials Centerstage was founded in 1977 and incorporated in 1981. Except for a hiatus in the late eighties and nineties, it has served Federal Way ever since. Centerstage's management team includes years of experience in theatrical management (as Development Director, Executive Director and Artistic Director); and similar experience as a corporate executive. Centerstage's bookkeeper also serves in that capacity for the Broadway center for the Performing Arts in Tacoma. d. Centerstage is in good standing in the State of Washington and has all necessary licenses, permits, approvals and authorizations necessary in order to perform the Scope of Work and conduct its business. 2. Key Staff; Past Experience a. (i) Artistic Director/Executive Director: Alan Bryce (ii) Facility Manager: Seattle Scenic Studios, Director Craig Wollam. Seattle Scenic Studios will appoint an on-site Facility Manager. (iii) Artistic Director/Executive Director *In addition to duties as Artistic Director of Centerstage, which include selection of program, hiring of personnel, oversight of all artistic projects, budgeting and liaison with the community, the following new duties: *To supervise all personnel working within the Knutzen Family Theatre, including artistic, office, technical and custodial staff. * Additional programming of rentals and liaison with other performing arts groups within the community Technical Director (Seattle Scenic Studios) *To provide technical staff for all events taking place at the Knutzen Family Theatre, including, but not limited to Centerstage productions and presentations; rentals and production by community arts organizations; business and other rentals of the space. Officer Manager (Laura Campbell) Responsibilities for supervision of Box Office volunteers and all box office operations; creation of all marketing materials; supervision of House Management for all events taking place at the Knutzen Family Theatre Treasurer (Judy Kent) All matters relating to bookkeeping; liaison with accountants; responsibility for contracts with rentals or other organizations using the Knutzen Family Theatre Board of Trustees. (President, Chad Stalder) As a nonprofit corporation, Centerstage policies are established and monitored by a lo-member Board of Trustees, which includes prominent m{)mbers of the Federal Way community. (iv) Centerstage assures the City Federal Way that these key individuals will be performing the work as described and will not be substituted with other personnel without the City's prior approval. b. Experience and qualifications of each key staff member. '- II II II *Alan Bryce, Artistic Director, Overground Theatre, London; Theatre Consultant, John F. Kennedy Center for the Performing Arts; Development Director, Proctor's Theatre, Schenectady, NY (also Artistic Director of Proctor's Too); Executive Director, Landers Theatre, Springfield, MO. *Seattle Scenic Studios is a nonprofit Technical Theatre Organization, which serves many theatres and other clients throughout the region, including: Seattle ~..... "_".I'l'_J1I>~:W,iII""_A.W""",,,~.ww,,,,,, .... ...... .... ...' , or. 3 ~ 4 Public Theater, Youth Theatre NW, Seattle Shakespeare Company, Bellevue Opera, The Seattle School District, Wooden 0 Productions, Book It Repertory, Spectrum Dance Theater, Storybook Theatre, The Attic Theatre, the Seattle Seahawks, The Village Theatre, The University ofWashington...and many others. *Laura Campbell is a graduate of Western Oregon State College. Laura taught Elementary School Art in the Federal Way School District, was Manager of PetSmart in Federal Way and continues her lifelong education by taking courses in Graphic Design. *Judy Kent was a consultant to Frank Russell Co. She was also Controller of Rocky Mountain Traders, Inc. where she was responsible for all financial reporting and office management for this commodity exporter. Also Chief Financial Officer of Kleinwort Benson Cross Financing, Inc. a securities derivatives dealer. She served as Vice President of First Interstate Bancorp and a Supervisor at Ernst & Ernst, Audit Supervisor. c. Past Experience in Management and Operations of a theatre (i) Centerstage has not managed a facility comparable to the Knutzen Family Theatre. It managed its small studio facility in the Spectrum Business Park as a 48-seat theatre, and has retained Office Space in the same facility since 1997. References to Centerstage's tenure at Spectrum Business Park may be obtained by contacting Steve Redford, CAM Management at 253 588 9158 (ii) Alan Bryce managed the 6oo-seat Landers Theatre in Springfield, MO from 2000 through 2002 and London's 12o-seat Overground Theatre 1974- 1981. 3. Narrative Summary *How Centerstage's proposal addresses City Goals: (i) Maximize the use of the Theatre: Centerstage will use the theatre for 5 of its own productions each year: A maximum usage of 20 weeks and a minimum usage of 15 weeks. (Not including rehearsal in the rehearsal studio). Centerstage is committed to retaining other current renters such as Ninth Avenue Dance and Aria Dance. Centerstage also will work with the City to retain summer youth programs. II III III II III II II II II II II , II II In order for Centerstage to continue presenting loss-makers such as Storybook Theatre, it is essential that Centerstage retains all rental income, in order to subsidize these day performances for youth. Centerstage will be in a position to more aggressively market the facility to other renters by offering significantly lower rental fees than the City was able to do. Centerstage has had success with its own presentations (Mark Twain and Will Rogers). With the additional flexibility of managing the space, Centerstage will offer more such presentations. Centerstage will offer marketing and box office services to renters of the Knutzen. (ii) Maintenance of the facility: Centerstage will subcontract maintenance and operation of all technical theatre to Seattle Scenic Studios. We propose that the custodial staff currently employed by Dumas Bay Centre continue to work on the lobby, auditorium, dressing room and rehearsal hall. Custodians would be employed by Centerstage for time worked on areas of Centerstage responsibility. If it is simpler for custodial personnel to stay on City payroll and Centerstage be billed for their services, Centerstage is open to that option. (iii) Ensuring accountability for fiscal and organizational management: Please see the enclosed Business Plan commissioned by Centerstage in response to the City's Request For Proposal. (iv) Serving as rental space for nonprofit arts organizations and other users. Please see (i) above. Since Centerstage plans to produce 5 shows per year, each using the theatre for a maximum of one month, this leaves 7 months for generation of other revenues. 5 II II I I I I I II I II II II II I , , I II II 6 (v) Serve as a location for civic activities. Centerstage is a prominent member of the Federal Way Community. It is a member of the Chamber of Commerce and Board Members and former Board Members are members oflocal service clubs such as Rotary, Kiwanis and Lions. Through these contacts we intend to promote the use of the Knutzen by other groups and businesses. (vi) Promote cultural arts growth in the community. Centerstage has established relationships with Decatur HS, DeVry University, Truman HS on various projects over the past few years. In addition, Centerstage produces at least one show each year which involves actors of school age. As managers of the Knutzen Family Theatre, Centerstage will have the flexibility to develop its educational outreach with day release performances and other projects, yet to be determined. How will Centerstage divide its priorities betweenfacility management, maintenance and presentation? Centerstage is currently a Theatrical Producer. The priorities referred to above are interlocking, no one more important than the other. Without a well- . maintained and technically efficient facility, all presentation will be adversely effected. But the purpose of a well-maintained facility is to produce good art. In order to address the new responsibilities, Centerstage has re-defined the roles of its staff and subcontractor, Seattle Scenic Studios. It has also re-defined its future staffing structure. New assignments of Centerstage staff are in italics: (1) While Managing Artistic Director, Alan Bryce, will remain focused on Centerstage Productions and will address the promotion of Centerstage productions elsewhere, he will promote the Knutzen actively within the South Sound Arts and Business Communities. (2) Office and Marketing Manager, Laura Campbell will continue to take responsibility for marketing, publicity, office management and supervision of Box Office Activities; Front -of-house custodial staff will now report to Laura. (3) Treasurer, Judy Kent's role will be expanded to cover negotiation and execution of contracts with renters, and will include liaison with City and Dumas Bay staff. (4) Craig Wollam (Seattle Scenic Studios), Facilities Manager will be responsible for all routine maintenance and care of backstage facilities. 7 Centerstage's experience working with non-profit organizations. . . . II II II II II II II II III II I I I Centerstage is itself a nonprofit 501(C)(3) corporation. In recent months Centerstage has produced shows at Theatre On The Square in Tacoma and at ACT Theatre in Seattle. Both are nonprofit organizations. Alan Bryce has over 30 years experience in the nonprofit theatre sector as a Development Director, Artistic Director and Executive Director. Seattle Scenic Studios is also a nonprofit organization. 4. Staffing Plan Please See Appendix A 5. Box Office and Ticket Sales Plan (a) Centerstage currently has operated Box Office for between 55 and 70 performances each year for the past four years at the Knutzen Family Theatre. Sales are made by mail, telephone and through the Centerstage website (using Click 4 The Inc.) Box Office telephone hours are 10am-5pm on weekdays, and Saturdays and Sundays on show days. Centerstage, for a fee of $1 per ticket, will handle Box Office sales (both online and telephone) for renters, should the renter elect to have Centerstage handle that responsibility. Renters will have the option of handling all sales themselves. Telephone orders are handled by current Centerstage staff and volunteers. This will continue. (b) Subscriptions. Centerstage currently runs on a September through May Season. Season or Flex Tickets are marketed in June of each year. Renters will be given the option of inclusion in the Season Brochure for a fee contingent upon the size of the rental. 6. Facility Utilization and Marketing Plan (a) As soon as Centerstage assumes management of the Knutzen Family Theatre it will call a meeting with the City and with Ninth Avenue Dance/Aria Dance, as core users of the space, in order to establish a core schedule, around which all other uses will scheduled. (b) One of the key problems Centerstage has encountered over the years is brand confusion. The distinction between Knutzen Family Theatre and Centerstage is often unclear to consumers. Three year ago Centerstage undertook a branding process pro bono with a local marketing company. Upon assumption ofthe management of the Knutzen, Centerstage will undergo a new branding process to help us re-define the two entities and how to best market all KFT performing arts activities. (c) Centerstage is not unaware of the difficulties the City has had in finding and promoting performing arts organizations at the Knutzen. Centerstage . . . I III III II II " I I I I ~ ~ ~ ~ ~ ~ intends to build upon the partnerships, renters and community organizations already using the facility. In addition, Centerstage has already had preliminary discussions with Second Story Rep in Redmond, with the goal of exchanging one or more productions per year. After its run in Federal Way, a show would move to Redmond and vice versa. Thus each company would be saved the capital costs of a new production, and expand the season at both theatres. Centerstage has budgeted $26,000 to market the Knutzen in its first year of management, with a 5% annual increase over 4 years. 7. Transition Plan *Preparation. As soon as Centerstage assumes its management role, Centerstage and City representatives will meet to: (a) Negotiate the details of the management contract, including but not limited to: usage of City Equipment, interlocking responsibilities of Centerstage and Dumas Bay Centre staff (such as greeting guests at Dumas Bay), use of Dumas Bay storage space etc. (b) Review the logistics and utilization of space as Centerstage personnel move to the Dumas Bay Centre. . (c) Establish a mutually agreeable timeline for the physical move and for the assumption of full management responsibilities. (d) Establish a payment schedule of the management fee. *Action: (a) Upon the signature of the Management Contract, Centerstage wishes to move its offices to the Knutzen within one month. Also, upon signature of the contract, the City will provide Centerstage with all relevant paperwork/files and contracts with renters and all other relevant documents to the operation of the Knutzen Family Theatre. (b) Upon signature of the Management Contract, Seattle Scenic Studios will assume its responsibilities within one month. *Schedule: Pending the results of negotiation with the City, Centerstage's preferred date of concluding the above is June 1st, 2009. 8. References Please find attached letters of reference in Appendix Cfrom Mr. Keith Dahlgren, Managing Director, Seattle Public Theater 206 523 1370 Ms. Alyssa Byer, Special Events Producer, ACT Theatre 206 292 7660 Please also accept referencesfrom: Mr. Dick Mayer, Wal-Mart 2539419974 Mr. Tim Robinson, Federal Way News, 206388-1850 Mr. Paul Ellingon, Bargreen Ellingson Inc. 2534759201 8 9 9. Financials/Management Fee Proposal We propose a management fee starting at $70,000. Please see attached financials in Appendix B . . II II -- II ~ ~ II , , , ~ , , . . . - II II - II - -- II II II II i II ~ 1'1 " I ~ . PROPOSAL TO THE CITY OF FEDERAL WAY FEBRUARY 24, 2009 APPENDIX A ORGANIZATION STRUCTURE II II II I I I I I I I I I I I I I I I I APPENDIX A Organization . . , . .. I ~ I ' ~ ill I '~ . . II II II - II I II I I CENTERSTAGE THEATRE ARTS CONSERVATORY, INC. STATEMENTS OF SUPPORT, REVENUE AND EXPENSES AND CHANGES IN NET ASSETS - CASH BASIS PROJECTION - YEAR ONE Centerstage Revenues Ticket Sales $ 101,000 Donations/Contributions 44,500 Grants 24,500 Program Advertising 4,000 Fund Raising 1,000 Management Fee 70,000 245,000 Knutzen Theatre Revenues Theatre Rentals 7,500 Servjce Charges 17,918 Program Fees 21,049 Event Admissions 20,947 Rehearsal Space Rental 2,946 A V Equipment Rental 541 Grants & Donations 4,000 Concessions/ Misc. 5,500 80,401 Centerstage Expenses Production 90,900 Marketing/Advertisement 26,000 Contract Labor 1,500 Salaries 70,000 Office Supplies 3,500 Fees/ Ins/Maint/ Taxes 15,000 Past Due RentPayment 6,250 213,150 Knutzen Theatre Expenses Non-Program Costs 14,243 Supplies & Utilities 8,565 Other Services & Charges 38,396 Utilities, Repairs, & Maint 30,000 Seattle Scenic Studios 25,000 11 6,204 Other Income Interest 1,000 Decrease in Net Assets (2,953) Net cash balance, beginning of year 34,863 Net cash balance, end of year $ 32,910 - II III -- II I I I I I I I I I I I I I I I CENTERSTAGE THEATRE ARTS CONSERVATORY, INC. STATEMENTS OF SUPPORT, REVENUE AND EXPENSES AND CHANGES IN NET ASSETS - CASH BASIS PROJECTION - YEAR TWO Centerstaae Revenues Ticket Sales Donations/Contributions Grants Program Advertising Fund Raising Management Fee $ 107,060 44,500 24,500 4,200 1,050 75,250 256,560 Knutzen Theatre Revenues Theatre Rentals Service Charges Program Fees Event Admissions Rehearsal Space Rental A V Equipment Rental Grants & Donations Concessions/ Misc. 7,875 18,814 22,101 21 ,995 3,093 568 4,200 5,775 84,421 Centerstage EXDenses Production Marketing/Advertisement Contract Labor Salaries Office Supplies Fees/ Ins/Mair'lt/ Taxes Past Due Rent Payment 96,354 27,300 1,500 71,750 3,675 15,600 6,250 222,429 Knutzen Theatre Expenses Non-Program Costs Supplies & Utilities Other Services & Charges Utilities, Repairs, & Maint Seattle Scenic Studios 14,670 8,822 39,548 30,900 26,250 i 120,190 Other Income Interest 1,000 Decrease in Net Assets (638) Net cash balance, beginning of year 32,910 Net cash balance, end of year $ 33,272 - - , - - I I I I I I I I I I I I I I I I CENTERSTAGE AND KNUTZEN THEA TRE COMPOSITE CASH FLOW **** BASED ON 2008 DOLLARS **** ~6 aooa Year 1 Veat 21"_$ Vear4 AAGR 'tDtetst.I...'''",Y~ Ticket Sales Donations/Contributions Grants Program Adve"ising Fund Raising Management Fee Interest CTG 110,837 101,000 t 13.484 t 20.293 696 53,191 44,500 44.500 44.500 096 22,400 24,500 24,500 24,500 096 2,500 4,000 4.410 4,631 596 200 1 ,000 1.103 1,158 596 0 70,000 80.894 86,961 896 0 0 0 0 3125 O. 0 H~2.1,$~ Zl'lS.OOG 5% 101.699 142,753 101,765 90,900 796 0 0 28,797 26,000 596 6,410 6,494 6,667 0 1,700 1,300 1,400 1,500 29.378 33.739 38,415 70.000 596 2.884 75 0 0 2,511 2,715 2.639 0 2.332 1,676 2,660 3,500 5% 6.545 13.051 11 ,207 1 5,000 596 6250 596 Production Marketing/Advertisement Rent Contract Labor Salaries Depreciation Utilities Office Supplies Feesllns/MaintlTaxes .~...mtmt Theatre Rentals 48,803 33.997 22,980 7,500 7.875 8.269 8.682 596 Theatre- Secondary Tenant 5.150 25,750 15,450 0 0 0 0 Theatre- Nonresident Art Org 632 231 0 0 0 0 0 ServIce Charges 12,079 16,787 16,289 17,918 18,814 19.754 20,742 596 Program Fees 16,177 15,632 19,135 21,049 22,101 23.207 24.367 596 Event Admissions 20,401 9.286 19,043 20,947 21.995 23.094 24.249 596 Rehearsal Space Rental 5,563 6,259 ,2,678 2,946 3.093 3.248 3.410 596 Space & Facility Rental 0 6,716 0 0 0 0 0 AV Equipment Rental 3,142 1,937 492 541 568 597 627 5% Grants & Donations 4,000 0 6,000 4,000 4,200 4,410 4,631 Interest. Earnings 4,848 3,921 2,660 0 0 0 0 1>323 1. ~. 5'500 $1'15' I..~. Sl:a67 596 llillia 121.5'19 401 *"42' aai64!. S% Non--Program Costs 18,122 18,043 18,990 1 5,11 0 396 Personnel Costs 67,897 97,254 1 05,001 0 PersonnelBenef~s 15,691 25,641 39,1 S2 0 Supplies and Utilities 38,568 23,898 , , ,434 9,087 3% Other Services 11 Ch,rges 39.474 44.970 51.194 40.734 396 Utilities, Repairs l1t Maint. 36,647 26,356 53,100 3'.827 396 Se 0 0 0 5~ &laa99 4~ 496 340,981 342,619 1,000 (638) 33.271 357,533 351,5&4 1.QOO 37'S. 11 7 371.397 1 ,000 4,719 2,000 (93,633) (11],165) N/A N/A 596 4" . PROPOSAL TO THE CITY OF FEDERAL WAY FEBRUARY 24, 2009 APPENDIX B FINANCIALS II III II II I I I I I I I I I I I I I I I ~,. ". .~~_ "~_'.... '_:'" . ,~,F:o'l"~'......' "".",7,.' ~.~> '"": _'_;] .. I APPENDIX B FINANCIALS Contents · Last three Y ears of financial statements. . Detailed projected pro forma for two years of management and operations. . Composite cash flow spread sheet. · Composite cash flow chart. . Knutzen Family Theatre cash flow chart. . Centerstage Theatre cash flow chart. ASSUMPTIONS USED FOR THE DEVELOPMENT OF THE KNUTZEN FAMILY THEATRE FOUR YEAR FINANCIAL PROJECTIONS 1. All financial data contained here in is based on 2008 dollars. 2. Lacking detailed information on the expenses for the last three years, the projected expenses were calculated on ratios of costs to earned revenue. More information is needed to refine these numbers. 3. A carry over cash on hand of 10% of expenses less salaries for 2008 was added to Centerstage's cash on hand for beginning the first year projection. 4. An amount of $6,250 dollars per year is added to the expenses of the Centerstage Theatre management account to payoff the past due rent of $25,000. 5. The proposed management fee is $70,000 for the first year increasing 8% each following year. II I l~ I~~ II II II II r-.. ..... 0') .... ..... lI'l~ .... r-.. r-.. r-.. ~ (V) (V) ... ... ... 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Lt') Lt') "'- ~ N Lt') en ~ N en C'I.!. en en .... ~ .... .... .",. .",. i:It '-' ~ 2 ... to ,..... co 0 N N co N ai ,.... Lt') r.t:l en 0 N U .... N i:It i:It il't '-' "'- en 0 Lt') ... 'l;t co 'l;t~ en 'l;t Lt') Lt') U) ,.... ,.... i:It il't ~ 0 0 0 0 0 0 0 0 - ~ 0 0 0 0 0 0 il't 0 '0 0 0 0 0 0 0 0 lj: 0 0 0 0 0 0 0 ell 0 Lt') 0 Lt') 0 Lt') Lt') c '-' to N N ,.... .... il't .",. ~ ~ III ~ i:It i:It i:It ~ I C C ::J ~ ell l5. Co ... ~ >< ::J W l.I) IlilI .' 0 II II II II III II II I II] I II II II II II I I CENTERST AGE THEATRE ARTS CONSERVATORY. INC. ACCOUNTANT'S COMPILATION REPORT AND FINANCIAL STATEMENTS - CASH BASIS DECEMBER 31,2007 AND 2006 BRANTLEY JANSON YOST & ELLISON Ce11ified Public Accountants A Professional Service Corporation 1617 South 325111 Street Federal Way, Washington 98003-6009 ............... _.-'-'-".;"--'--~" , I ; It III ~ :~ I! I; Ii! ':1 ~~ \1 .". . ........... ......~. .,J, >,: :.,_"". ~:;:~'t 1~;,:,;';~j,ij;;1, ;:i';.:->;l;:_:?::~1 III II II , , II II" .., II II - - L ACCOUNTANT'S COMPILATION REPORT November 7, 2008 To the Board of Directors Centerstage Theatre Arts Conservatory, Inc. Federal Way, Washington We have compiled the accompanying statements of assets, liabilities and net assets - cash basis of Centerstage Theatre Arts Conservatory, Inc. (a nonprofit organization) as of December 31, 2007 and 2006, and the related statements of support, revenue and expenses, and changes in net assets - cash basis for the years then' ended, in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. The financial statements have been prepared on the cash basis of accounting, which is a comprehensive basis of accounting other than generally accepted accounting principles. A compilation is limited to presenting in the form of financial statements information that is the representation of management. We have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them. Management has elected to omit substantially all of the disclosures ordinarily included in financial statements prepared on the cash basis of accounting. If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the Organization's assets, liabilities, net assets, revenues, expenses and other changes in net assets. Accordingly, these financial statements are not designed for those who are not informed abOut such matters, ~1Il ~ {)1 ~ tIJ~ -1- CERTIFIEDPUBLlC ACCOUNTANTS AND BUSINESS ADVISORS. 1617 South 325th Street. Federal Way, Washington 98003-6009 I I II I II I I - I II i- .., CENTERSTAGE THEATRE ARTS CONSERVATORY. INC. STATEMENTS OF ASSETS, LIABILITIES . AND NET ASSETS - CASH BASIS DECEMBER 31,2007 AND 2006 (See Accountant's Compilation Report) ASSETS 2007 2006 CASH Cash $ 14,473 $ 13,415 Savings 500 5,603 14,973 19,018 SECURITY DEPOSIT 1,300 1,000 EQUIPMENT, at cost 11 ,419 11,419 less accumulated depreciation (11,251) (11,176) 168 243 TOTAL ASSETS $ 16,441 $ 20,261 LIABILITIES AND NET ASSETS PAYROLL TAX WITHHOLDING $ 1,175 $ 761 UNRESTRICTED NET ASSETS 15,266 19,500 TOTAL LIABILITIES AND NET ASSETS $ 16,441 $ 20,261. -2- II " ' , II CENTERSTAGE THEATRE ARTS CONSERVATORY. INC. . STATEMENTS OF SUPPORT, REVENUE AND EXPENSES, AND CHANGES IN NET ASSETS - CASH BASIS . DECEMBER 31, 2007 AND 2006 (See Accountant's Compilation Report) . 2007 2006 UNRESTRICTED NET ASSETS SUPPORT AND REVENUE . Ticket sales $ 91,516 $ 83,289 Donations 45,687 30,681 Grants 37,792 22,000 II Fund raising 17,893 10,080 Other 4,243 5,674 ,Program advertising 2;145 2,343 - 199,276 154,067 EXPENSES II Production 142,753 101,699 Salaries 33,739 29,378 Fund raising 6,684 710V II Rent 6,494 6,410 Utilities 2,715 2,511 It~ Bank fees 2,651 2,493 1/ Taxes 2,620 1,734 ./ Office 1,676 2,332 Contract labor 1,300 1,700 /" Insurance 1,051 1,160 Depreciation 75 2,884 ./ Dues and membership 25 366 Licenses and permits 20 82/ Repairs and maintenance 201,803 153,459 OTHER INCOME (EXPENSE) Interest 5 40 Miscellaneous (l,712) (l18) (1,707) (78) INCREASE/DECREASE IN NET ASSETS (4,234) 530 NET ASSETS, beginning of year 19,500 18,970 NET ASSETS, end of year $ 15,266 $ 19,500 -3- II AM II /09 Basis II II Centerstage 03 Profit & Loss January through December 2008 Jan - Dee 08 Ordinary Income/Expense Income 2007 Ticket Sales General Ticket Sales Total 2007 Ticket Sales 2008 Ticket Sales General Tickets Group Sales Season ticket sales 2008 Ticket Sales - Other Total 2008 Ticket Sales 2009 Ticket Sales General Ticket Sales Total 2009 Ticket Sales 0.00 Concessions Contributions Income Unrestricted Corporate Donations Individual Donations Organization Donations Total Unrestricted Contributions Income. Other Total Contributions Income Donations Fund Raising Grants Foundation Grants Government Grants Total Grants Program Advertising Total Income Expense Bank Fees IBAA Bankcard Fee miscellaneous charges Total Bank Fees Contract Labor lnon production) Administrative Total Contract Labor lnon production) Dues & Memberships Fund Raising Exp Insurance Liability Insurance Property Insurance Total Insurance Licenses & Permits Marketing Banners, Signs Mailing Service Media Ads Miscellaneous Photos Postage (Bulk Mail) Postcards, Flyers Total Marketing 0.00 98,601.47 1,001.00 11,185.50 50.00 110,837.97 545.00 545.00 3,125.46 25,660.00 22,407.00 5,000.00 53,067.00 50.00 53,117.00 73.66 200.00 12,400.00 10,000.00 22,400.00 2,500.00 192,799.09 2,785.44 270.00 3,055.44 ,/ 1,400.00 1,400.00 320.24 t/ 3,382.00 V 683.22 . 177.00 860.22 V 10.00 r/ 1 ,843.62 1,671.25 7,094.63 2,500.00 754.00 5,255.50 9,678.11 28,797.11 p I AM Centerstage 03 Profit & Loss January through December 2008 1109 Basis I Jan. Dec 08 Miscellaneous Internet Maintenance Meeting/Party/Meals Perusal Scripts Miscellaneous - Other Total Miscellaneous Office Office Equipment Office Supplies Postage & Courier Studio Maintenance & Repairs Subscriptions Total Office Payroll Gross Wages Total Payroll Production Costs (non labor) Audition expense Choreographer Concession Costumes Facility Rental Hospitality Miscellaneous Programs Props Rehearsal Royalties Scripts Sets Tickets Travel Total Production Costs (non labor) Production Labor (Artistic) Asst. Stage Mgr Costumer Director Lighting Design Musical Director Musician Performer Set Designer Stage Hand Stage Manager Total Production Labor (Artistic) Rent Taxes FICA Expense Labor & Industries Total Taxes Utilities Power & Electricity Telephone Total Utilities I I I I I I I Total Expense Net Ordinary Income 7.00 318.24 28.20 57.00 3.39 413.83 83.38 918.87 1,275.78 155.00 227.60 2,660.63 38,415.55 38,415.55 1,162.00 1,600.00 315.38 5,638.21 2,880.00 1 ,835.09 840.36 6,371.71 4,020.55 32.00 13,134.15 1,140.16 11,606.00 564.66 650.00 51,790.27 100.00 6,459.82 3,000.00 1,700.00 12,157.00 8,725.00 13,523.26 3,000.00 510.00 800.00 49,975.08 6,666.96 2,914.47 248.47 3,162.94 100.88 2,538.53 2,639.41 193,549.68 (750.59) p 'AM Centerstage 03 Profit & Loss January through December 2008 /09 Basis Jan. Dec OS Other Income/Expense Other Income Interest Income Total other Income 0.35 0.35 Net Other Income 0.35 Net Income (750.24) " p I Centerstage 03 . AM 109 Balance Sheet Basis As of December 31, 2008 I Dec 31, 08 ASSETS Current Assets Checking/Savings I Petty Cash 100.00 Rainier Pacific Checking 6,917.38 Rainier Savings 12,851.00 Washington State Savings (5.16) I Total Checking/Savings 19,863.22 Total Current Assets 19,863.22 Fixed Assets I Office Equipment Reserve for Depreciation (11,176.00) Office Equipment - Other 5,145.40 I Total Office Equipment (6,030.60) Office Furniture Reserved for Depreciation (3,555.00) Total Office Furniture (3,555.00) I Studio Equipment 10,150.92 Total Fixed Assets 565.32 other Assets I Security Deposit 1,300.00 Total Other Assets 1,300.00 I TOTAL ASSETS 21,728.54 LIABILITIES & EQUITY Liabilities Current Liabilities I -~ Accounts Payable I Accounts Payable 2,800.00 I Total Accounts Payable 2,800.00 Other Current Liabilities I Payroll Liability .FICA 819.66 Labor & Industries 39.60 Withholding 330.92 I Total Payroll Liability 1,190.18 Rainier LOC 5,630.00 ~ Total Other Current Liabilities 6,820.18 Total Current Liabilities 9,620.18 t Total Liabilities 9,620.18 Equity Opening Bal Equity (0.01) Retained Earnings 12,858.61 Net Income (750.24) Total Equity 12,108.36 TOTAL LIABILITIES & EQUITY 21,728.54 P II I I I i I 'I I I I I .' PROPOSAL TO THE CITY OF FEDERAL WAY FEBRUARY 24, 2009 APPENDIX C LEITERS OF REFERENCE I Ii ill -- i ~ February 17, 2009 To Whom It May Concern: I am writing on behalf of Alan Bryce and Centerstage Theater. I would like to offer two suggestions: To strongly consider contracting a non-profit theater organization to manage your Performing Arts Center, and to strongly consider Centerstage as that organization. I am currently the Managing Director of Seattle Public Theater (SPT), the resident company of the Bathhouse Theater on Green Lake, an historic 16S-seat performance venue in Seattle. SPT has had a lease with the City of Seattle Parks and Recreation since 2000, and at this point has a five-year lease which ends in 2011. We have. no concerns that our lease will be renewed for another five years at that time. Our partnership with the City of Seattle has been very fruitful on both sides: the City provides SPT with a space, assistance with building management through their facilities departments, and low rent. In return SPT provides the public with non-stop live theater and youth education programming, as well as discounted tickets and assistance with other community groups who use the surrounding area in the Green Lake Park for special events. Prior to my taking the position at SPT, I was the General Manager of the'Village Theater at the Everett Performing Arts Center, a SOO-seat venue. I filled a similar role there for five years, as Village Theater has a contract to manage the EPAC for the City of Everett. I had very good relations with the City of Everett and the facilities staff there which continue to this day. Village Theater provides the City of Everett with theater programming, youth programming (both classes and performances), rental income from other performing arts groups, and a strong artistic presence in the community. I was a member of the Everett Rotary and built many strong connections with the local merchants, the community and the City staff. I write this to encourage those interested to consider using an established non- profit performing organization as management. The company will have experience producing theater, creating education programs, operating within a set budget, working with other arts organizations and the myriad of unknowns that an ordinary facilities management company or a City staff does not have knowledge of. In addition, the theater company will have experience with that unique type of building, the performance space, with its individual challenges and i I :1 11 7312 W Green Lake Dr N Seattle. W A 98103 (206) 524-1300/admill (206) 523-1370 www.seattlepublictheater.org. technical difficulties, again which a non-arts company or City facilities staff will not realize. In my experience, a strong, well-established non-profit arts company has a distinct advantage in managing an arts venue. I have worked with Alan Bryce and Centerstage on many levels: as a performer, as a fellow theater manager, and as a service provider, as I am the Board President of Seattle Scenic Studios, the company that constructs all of Centerstage's sets. Alan has many years under his belt as a theater professional, in every sense of the word. He is an outstanding producer as well as an artist, and his current job as head of Centerstage is proof of his strength as a producer and a businessman. Centerstage, the theater company itself, has a long history in the Federal Way community, and would be an excellent choice as Management Company for a large performance venue. It is a healthy company, both financially and artistically, and you would be wise to use this local resource. I would be happy to speak to anyone further about my experience as a theater manager working with a City landlord. Please do not hesitate to contact me further in this regard. ~~J(A~ Keith Dahlgren Managing Director Seattle Public Theater 7312 W Green Lake Dr N Seattle WA 98103 www.seattlepublictheater.oro keith(Ci>.seattlepub lictheater.oro (206) 523-1370 ~ Kurt Beallie Artistic Director Kevin M. Hughes Mansuing Director A Contemporary Theatre February 19, 2009 City of Federal Way PO BOX 9718 Federal Way, WA 98063-9718 To Whom It May Concern: J am writing to express my support and to be a reference for the Centerstage Theater Company's aplication to directly manage the Knutzen Family Theatre. The Centerstage Theater is currently renting one of our theater spaces, the Bullitt Cabaret, for a remounted production of Always Patsy Cline. Our experience has been entirely positive. Centerstage is an organized, well run company that produces a very high quality of work. I have worked closely with Alan Bryce, Centerstage's Artistic Director, though out this process, and he exceeded in maximizing the artistic integrity of the performance while remaining within a very restrained budget. Our building was placed on the National Register of Historic Places in 1983, and was made a Seattle Historic Landmark in 1984. Centerstage Theater has been very respectful of our full facility. Please feel free to contact me if you have any questions about ACT's relationship or our current rental agreement. f!:r;; 130' Special Events Producer ACT - A Contemporary Theater ACT I A Contemporary Theatre Kreielsheimer Place, 700 Union Street, Seattle, WA 98101.2330 administration (206) 292-7660 fax (206)292-7670 ticket office (206)292-7676 acllhealre.org III III -- , .l _J " r . PROPOSAL TO THE CITY OF FEDERAL WAY FEBRUARY 24, 2009 APPENDIX D SIGNATURE AUTHORITY; CERTIFICATE OF INSURANCE; TAX ID NUMBER r (E.I1TfRST.fIGi{ . 'c~n'.ersta9. ctheatre.com 91!.Q63 . wwv.. ,~ , ". '141' fcderlllwfly.wa.... . p.o. ~)OX .J February 23, 2009 City of Federal Way 33325 8th Avenue South P.o. Box 9718 Federal Way, WA 98063-9718 Dear Sir/Madam, Signature Authority The Board President (currently myself) and Managing Artistic Director (currently Alan Bryce) have the power to sign on behalf of Centerstage Inc. Yours Sincerely, ~~ Chad Stalder President, Board of Trustees Ii I: , --"-"_',..__._.uo. r I I - POLICY NUMBER: CLP 012565 COMMERCIAL GENERAL CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Ol"2anization CITY OF FEDERAL WAY FEDERAL WAY ARTS COMMISSION PO BOX 9718 FEDERAL WAY, WA 98063.9718 Information reauired to comolete this Schedule if not shown above will be shown in the Declarations. Section II. Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in .the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 Copyright, ISO Properties. Inc.. 2004 Page 1 of 1 o Foon W-9 (Rev. Oc:tober 2007) lle/IIlrImonI f1/ lhII T~. _ ae...... 5etvite Request for Taxpayer Identification .Numberand .Certlflcatlon GIve fonn to the requester. Do not ..... to the:IR& ~ (a.s C()~~lJItTO~ ~ .f .Q. . .C o k! ~ti . a 2 . .....u '~.5 n.~ '0 1 ~ . ::CorporllliCl/1 0 ;~8rtnemhiP . (O=disregardedentlty.. O=corporalion;P"'psrlnershipt ...' .... . . . D. . Exempt. payee I WA- REiquiiSier'shame and addressloplionaQ D~? Enter your TIN in the appropriate box. The TIN provided must match the name given on. LIne 1 to avoid. backup withholdirig. For individuals, this Is your Social security number (SSN). However, for a resident allen, sole proprietor, or disregarded entity, see the Part I Instructions on 'page 3. For other entitles, It is your employer Identification number (EIN). If you do not have a number, see How to. get a TIN on page 3. Note. If the account Is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Certification Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer Identification nl,lmber(or I am waiting fora number to. be Issued to me}, and 2. I am net subject to. backup withholding. because: (a)'1 am exempt from backup withhoidlng, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to. backupwlthhoiding as a r~ult of a failure to report all Interest or dividends, .or {c) the IRS has notified me thaU am no longer subject to' backup withholding, and 3, I am a U.S. citizen or other U.S, person (defined below). Certification instructions. You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactibns, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments otller than Interest and dividends, you are not required to sign the Certification, but you must ;~~e yOU, ~:::~. See~the Instructions on page 4. ./) J / Here U.s. person .. . Date ~ '7 1,,- ? I D 1 General Inst"'cti~ns - - - ~-,;;; of . VA po""",. F.. ,''''''.., fax """''''''''. yoo ... '. conSIdered a U.S. person If you are: SectIOn references are to the Internal Revenue Code unless A I d' idual ho' U S 't' U' S 'd t Ii"' otherwise noted . n n /v . w Is,a.. cl/zen or . . resl en a ..n, . . A partnership; corppratlon, company, or association created or Purpose of Form organized in the United States or under the laws of the United A person who is required to file an Information return with the States, IRS must obtain your correct taxpayer Identification number (TIN) . An estate (other than a foreign estate), or to report, for example, income paid to you, real estate . A domestic trust (as defined in Regulations section transactions, mortgage interest you paid, acquisition or 301.7701-7). abandonment of secured property, cancellation of debt, or Special rules for partnerships. Partnerships that conduct a contributions you made to an IRA. trade or business In the United States are generally required to USe Form W-9 only if you are a U.S. person (inCluding a pay a withholding tax on any foreign partners' share of income resident alien), to provide your correct TIN to the person from such business. Further, In certain cases where a Form W-9 requesting It (the requester) and. when applicable, to: has not been received, a partner$hlp Is required to presume that 1. Certify that the TIN you are giving is correct (or you are a partner is a foreign person, and pay the withholding tax. waiting for a number to be issued), Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, 2. Certify that you are not subject to backup withholding, or provide Form W-9 to the partnership to establish your U.S. 3. ClaIm exemption from backup withholding If you are a U.S. status and avoid withholding on your share of partnership exempt payee. If applicable, you are also certifying that.as a income. U.S. person, your allocable share of any partnership Income from The person who gives Form W-9 to the partnership for a U.S. trade or business Is not subject to the withholding tax on purposes of establishing Its U.S. status and avoiding withholding foreign partners' share of effectively connected income. on its allocable share of net income from the partnership Note. If a requester gives you a form other than Form W-9 to conducting a trade or business in the United States Is in the request your TIN, you must use the requester's form If It Is following cases: substantially similar to this 'Form W-9. . The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev, 10-2007) I Social seci1ty nul' or El:Jf'[7 kJrrr~tiOIDV J - CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYVJ 1120/2009 I IPRODUCER TIllS CERTIFICATE IS ISSUED AS A MA TrER OF INFORMA nON GRIFFIN UNDERWRITING SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PO BOX 3867 HOLDER. TIllS CERTIFICATE DOES NOT AMEND, EXTEND OR BELLEVUE. W A 98009 ALTER TIlE COVERAGE AFFORDED BY TIlE POLICIES BEWW. COMPANIES AFFORDING COVERAGE COMPANY PHONE NO. (425)453-8599 A RED SHIELD INSURANCE COMPANY INSURED COMPANY CENTERSTAGETHEATREARTCONSERVATORYINC B PO BOX 3141 COMPANY FEDERAL WAY. W A 98063 C COMPANY D COMPANY E COVERAGE nus IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIlE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERT!F1CATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AffORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TIlE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HA VE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EfFECTIVE POLICY EXPIRATION LIMITS .TR DATE (MMlDOIYY) DA TIi (MMIDDIYY) GENERAI. GENERAL AGGREGA TIi 2.000,000 t=- A X COMMERCIAL GENERAL PRODUCTS. COMPIOP AGG Mod in Geo A22 =P-CUIMS MADE [iJOCCUR CLP 012565 6/03/2008 6/0312009 PERSONAL'" ADV INIURY 1 000.000 ~WNER'S &. CONTRACTOR'S PROT - EACH OCCURRENCE 1 000 000 FIRE DAMAGE (Anyone r...) 100 000 - MOO EXP (Anyone penon) 5.000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - ANY AUTO - BODILY INJURY AU. OWNED AUTOS - SCHEDULED AUTOS - BODILY INJURY HIRED AUTOS ~ PROPERTY DAMAGE NON-OWNED AlJTOS 011fER :CRIP110N OF OPERA TIONSiLOCA TIONSlVEHICI.ESlSPECIAL IlCMS HEATRE GROUP/ACTING SCHOOL Ie Certificate Holder is included as an additional insured pursuant to ISO form CG 2026(07/04) an exemplar copy of which is attached reto for informational purposes. ~RTIFICATE CANCELLA TION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCElJ..ED BER:>RE TIlE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF FEDERAL WAY --AS-. DAYS WRITTEN NOTICE TO 1l1E CERTIFICATIi HOLDER NAMED TO 1l1E LEFT. EXCEPT FOR NON.PAYMENT OF PREMIUM WHEN MORE 1l1AN 10 DAYS IS FEDERAL WAY ARTS COMMISSION INDICATED. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABilITY OF ANY KIND UPON mE LPAN~.""S OR PO BOX 9718 REPRESENTATIVES. ~ I ;.. .., . FEDERAL WAY. W A 98063-9718 A U1l10RIZOO REPRESENTATIVE l. 'J:JT 1/- ~ CER 00 02 (ll/07) Proposal for Knutzen Family Theatre Management 1 February 24, 2009 I ill Ta(:cma MUilual VlaYhf)u~e Background: The City of Federal Way is seeking to contract a Management entity to be responsible for the management and day-to-day operations of the Knutzen Family Theatre (KFT). This would include facility maintenance and preservation, scheduling and programming, and marketing and financial management - all with full coordination and cooperation with the Dumas Bay Centre (DBC) and the City of Federal Way recreation programs. S\~(\e N\ G\5~ 1. Qualification Statement a. Tacoma Musical Playhouse (TMP) is a non-profit 501(c)(3) corporation. FederallD #94-3198670, State of WA UBI #601-514-802 founded in 1994 by Jon Douglas Rake. See Appendix A-G. b. The agent to represent TMP is: Jon Douglas Rake, Managing Artistic Director, 7116 6th Avenue, Tacoma, WA 98406 Tele.: (253) 565-6867; Fax: (253) 564-7864 Email: jon@tmp.org, Website: www.tmp.org. c. TMP is the largest community theater in the entire four-state Northwest region. We present a diverse program oftheater productions to single ticket patrons and subscription patrons averaging 5,500 - 6,500 per mainstage show. Current programming includes: six fully-staged mainstage musicals, three fully-staged musicals for families, numerous specialty shows (Musical Revues, Stardust Follies, Jazz at TMP, Murder Mystery Dinners). Our education department provides a wide array of programs including: camps, after-school academy, senior theater, and other classes. TMP owns and operates the Narrows Theatre Complex in Tacoma with a seating capacity of 380. Our annual budget is $1,200,000. d. TMP is in good standing with all agencies that require licensing or other authorization to conduct its business. c;r ~ BL z./z i Dj 2. Kev Staff: Past Experience TMP/Knutzen Family Theatre Staff List Current Employees: Jon Douglas Rake, Founder and Managing Artistic Director (Full-time) Jeffrey Stvrtecky, Music Director, Business Manager (Full-time) Maria Valenzuela, Marketing & Office Manager (Full-time) Chris Serface, Director of Education (Full-time) Diana George, Director of Development (Full-time) Will Abrahamse, Technical Director (Full-time) Part-time employees: Knutzen Family Theatre Administrative Coordinator (new position) Knutzen Family Theatre Technical Coordinator (existing position) Staff Contracted Positions: (as-needed basis) House Manager Box Office - Day of Production Janitoriiil TMP is currently staffed by six full-time pers(:>nnel. Although each individual position is designed by the individual responsibilities of development, marketing, education, technical, artistic/programming and financial management, all positions are tailored to include the opportunity to cross-relate with multiple disciplines in order to more fully provide for the best possible application of individual staff talents and abilities. Effective relationships have been established between all disciplines in order to allow for optimal support, as well as for seamless transfer of duties when a need arises. For example, programming and finance considerations are ideally supported by working relationships between development and marketing; while programming, technical and financial issues are all employed in order to support TMP's strong educational programs. The Knutzen Family Theater will directly benefit from TMP's history of solid organizational management techniques with multiple staff members fully capable of providing financial, programming and technical management expertise from the first day of operations. Current TMP staff will provide the immediate ability to schedule theater rental use (non-profit arts and business commercial), present TMP produced programming and a offer a full complement of quality youth and senior educational programs, including: summer youth camp, after-school and/or Saturday classes, winter break and spring break camps and daytime senior classes. Existing TMP staff will also provide marketing materials of KFT events to include: brochures, flyers, posters, show programs, a quarterly newsletter and maintain the www.kftevents.comwebsite.Asis the case at TMP, additional part-time or contract employees would be fully trained by TMP p'ersonnel, in full coordination with DBC personnel, in order to provide additional on-site theater and technical coordination, maintenance and educational opportunities. See Appendix H - I. 3. Narrative Summary Mana~ement Summary: TMP will act as a facility manager for current users of KFT and expand the marketing of the facility to additional non-profits, private parties and commercial businesses. It is TMP's goal to maximize the usage of KFT. It is also our intent to expand programming by presenting a diverse range of new programs. Some ofthese programs will include musicals from TMP's mainstage and Tacoma Children's Musical Theater (TCMT) productions, concerts from classical to jazz to new age, a family film series, educational programs and presentations, touring productions from other theater companies, Washington Artists programs and other special events appropriate for the technical capabilities of the space. It is our goal to see KFT present a wide variety of options for Federal Way/South King County and surrounding community residents. The basic structure of the management team for the KFT is already in place within the TMP organization. Additional staffing will be added as needed. This will include a KFT Facility Administrator and a KFT Technical Coordinator. Both of these positions will begin as part-time positions and gradually be increased if needed. The current TMP staff will expand their duties to include presenting and administrating programming. TMP would like to expand the partnership with the beautiful Dumas Bay Centre, offering patrons dinner theater options, pre-show receptions and expanding possible options for the Centre's clients. It is TMP's intent to market KFT and the complete assortment of facilities available at the Centre. EducationalSummarv: TMP has a long-standing history of providing quality arts education for youth in the puget Sound area. KFT is located in an area that is hungry for arts education opportunities and is a facility that lends itself to all of the base requirements necessary for an education program to thrive and succeed. We intend to offer a full year-round education program comprising a curriculum that would mirror what TMP already offers. TMP strongly believes that if a student desires to be involved in theater, they will be given an opportunity to participate in the program. Current TMP Educational programs include: After School Academy-This program meets twice a week over four weeks for two hours. Students learn a small scale musical theater production. Basic theater skills are taught such as acting, dancing, voice, and how to work together as an ensemble. Each program culminates in a public performance of the show that they have rehearsed. ACT at KFT - This program is designed to help students reach new heights in their studies of theater. These intensive classes are taught by local artists and professionals who will challenge and inspire students while building a solid base of skills in the theater arts. Each session lasts ten Saturdays and there are a wide variety of courses offered (Le. acting, improvisation, voice, auditioning, dance). Winter, Spring, Summer Camps-These intensive camps take place during scheduled "break" times from the school calendar and involve students in the production of a fully-staged musical. These full-day camps immerse students in the art of theater expanding their understanding of the process of putting together a musical. During the summer, the camp moves to a four-week session and expands its focus to include specialty workshops taught by local professionals in different aspects of the theatrical arts. Each camp culminates in multiple public performances of the production that the students have rehearsed. Development Summarv: Approximately 30% of TMP's annual budget is unearned revenue comprised of Government, Foundation, Corporation, and Individual contributed support. The most important component of our development strategy is the establishment of trust and familiarity with our patrons and donor organizations. TMP has hundreds of patrons who donate consistently toour theater. With our FundRaiser software, we are able to track and maintain these relationships; TMP has a donor retention rate of 62% of those patrons who have given consistently during the past three seasons. We establish trust with our patrons by involving them in many of the events TMP hosts from Wine-tasting cruises to patron surveys at the end of each season. We create a familiarity with our patrons by establishing a presence at every event and production TMP offers. TMP intends to duplicate all of our existing development plans with the management of KFT. We would also maximize the potential for new sources of developmental support that would come from our presence in King County through grants for performing arts programs and youth/senior educational programs. Current unearned revenue includes: grants from Dimmer Foundation, Norcliffe Foundation, Boeing Corporate Sponsorship, Pierce County Arts Commission, Forest Foundation, The Seattle Foundation, Ben Cheney Foundation, ArtsFund ahd Tacoma Arts Commission's AnchorFund. TMP hosts avariety of fundraising events that allow the awarding of scholarships and tickets to underserved populations in our community. TMP awards an average of $3,000 worth oftickets annually to assist other non-profit groups to raise funds through their own fundraising events. We also give scholarships to students in our educational programs. Our fundraising events include: Ladies Luncheon, Wine-Tasting Cruise, Gala events, Silent Auctions, Raffles, and our new event this year-"Dancing with the Tacoma Stars." TMP believes the atmosphere and grounds of the DBC and KFT is perfect for many fund raising events. The picturesque grounds are a breathtaking backdrop for an English Tea and Fashion Show on the Lawn during the summer or a Wine-Tasting event accompanied by a quartet. These events are complimentary to the many activities the DBC provides and collaborating with both the activities and kitchen staff of DBC will simplify many of the challenges inherent with these types of events. In short, TMP currently has in place the ability to provide the necessary elements of proven successful theater management, marketing, education, and development programs. 4. StaffinR Plan Current TMP staff will provide the immediate ability to schedule theater rental use, present TMP produced programming and offer a full complement of quality youth and senior educational programs, including: summer youth camp, after-school and/or Saturday classes, winter break and spring break camps and daytime senior classes. Existing TMP staff will also provide marketing materials of KFT events. Additional part-time or contract employees would be fully trained by TMP personnel, in full coordination with DBC personnel, in order to provide additional on-site theater and technical coordination, maintenance and educational opportunities. Other staffing plan information has already been presented in other sections of this proposal. 5. Box Office and Ticket Sales Plan TMP currently uses "WinTix" ticketing software for all Box Office sales and "MVOB Accounting" software for financial reporting. TMP will require the "Theater Coordinator office space}' currently designated in the DBC to administer onsite Box Office, Marketing and Educational programs. Current TMP ticketing software would be used for education programs and TMP presented productions. User groups, including the City of Federal Way, may el~ct to either maintain their own ticket sales for pre-sale events (ie, Brown Paper Tickets} user's website) or coordinate with TMP to provide pre-event ticket sales through TMP staffing and software. TMP will contract this service as desired by the users, negotiated on a case-by-case basis. TMP will provide a schedule of Box Office hours for on site customer services during the week, as well as maintain phone and website services. TMP will implement season subscription packages for KFT patrons. Ideally, package options could be described as "Family' events, "Special" events (ie, music and film series), "Full Season" (all- inclusive packages) etc} in order to provide the best variety of options to the customers. An "Enhanced Season" package could also be designed to include an educational element with each of the selected performance dates. User groups and the City could elect at the time of contracting to have their events and/or productions not included in a pre-sale season package. 6. Facilitv Ultilization and MarketlnR Plan TMP will maintain a schedule to include all current user groups: Centerstage, 9th Avenue Dance/Aria Dance, Thistle Theatre, Storybook Theater, Pushcart Players, Missoula Children's Theatre; incorporate TMP produced musical theater productions and the TCMT; enhance with additional year-round educational opportunities for seniors and youth; and create additional entertainment series' that may highlight local artists in jazz, recital, concert and/or film. Existing TMP staff will provide marketing materials of KFT events to include: brochures, flyers, posters, show programs, and a quarterly newsletter and will maintain the www.kftevents.com website. Currently, TMP maintains a mailing database of nearly 10,000 South Puget Sound households and would negotiate access of the City of Federal Way Parks & Recreational division mailing list to directly reach the immediate community with educational and event information. TMP currently uses "MyMaillist" bulk mail software for all direct mailings. TMP will provide a rental rate schedule competitive with other area facilities of comparable size, accessibility and technical capability. The schedule will include detailed rates for differing user groups and requirements. TMP will provide contracted janitorial services for the designated theater areas. See Appendix J. 7. Transition Plan TMP proposes to assume management operations of the KFT on June 1, 2009 with a transition period coordinated with the existing City, DBC and KFT personnel through June 14. All 2009 programming and rentals firmly scheduled (contract in hand) in the KFT as of May 31, 2009 will be honored. Beginning June 1, the KFT calendar will be maintained by TMP. TMP will expect to provide a 2009 Youth Summer Musical Theater Camp for the area youth at KFT. The City of Federal Way Parks and Recreation would not be obliged to provide a 2009 summer youth theater program at KFT. Ideally, the TMP camp would be advertised in the City of Federal Way 2009 Summer Parks Recreation & Cultural Services Guide. This may likely require coordination with the City publication prior to May 31,2009. TMP will require a full inventory list of city-owned KFT equipment and its condition. TMP will require the City to provide a physical inspection of the Fly and Fire Systems with documentation to indicate current and up-to-date inspections and approval. TMP will require an explanation ofthe current security plan of the bUilding and a guaranty of a Building and Liability Insurance Policy from the City of Federal Way. TMP will also be responsible for carrying its own Liability Insurance Policy. All KFT renters will be required to carry a Liability Policy naming the City of Federal Way and TMP on the rider. / 8. References Business References: Viking Bank Doug Westmark, Manager Tacoma Branch 5821 Sprague Court, Suite 101 Tacoma, WA 98409 (253) 475-0100 Washington State Housing Finance Commission Sharonn Meeks, Administrator 1000 Second Avenue, Suite 2700 Seattle, WA 98104 (206) 464-7139 City of Tacoma Economic Development Department Genal Gavaldon, Administrator 747 Market Street, Rm. 1036 Tacoma, WA 98402 (253) 591-5213 ArtsFund James F. Tune, President & CEO 10 Harrison Street Suite 200, Seattle W A 98109 (206) 281-9050 Individual References: Joann Piquette, Member (TMP Patron) Federal Way Performing Arts Coalition 302 S 295th St FederalWay,WA 98003 (253) 839-4389 Diane L. Mataraza, Inc. (Building Cultural Capacity Consultant) Consulting Services in Arts Management, Planning, Evaluation and Special Projects 2901 Camberly Circle Viera, Florida 32940 (321) 690-4370 Desk, (321) 427-0049 Cell, (321) 637-1384 Fax 9. Financials/ManaRement Fee Proposal The CPA firm of Dwyer Pemberton and Coulson, PC currently reviews TMP's financial statements. TMP Business Manager provides monthly interim financial statements to the Board of Directors for review. TMP proposes the City of Federal Way to pay a management fee of $90,000 for 2009-10 and $75,000 for 2010-11. TMP will require ~ of the annual fee to be paid with acceptance of contract and the balance to be paid monthly. See Appendix K - L. Tacoma Musical Playhouse Proposed budgetfor management of Knutzen Family Theatre June 1, 2009 - May 31,2011 2009-10 2010-11 Revenue Earned Ticket & Program KFT Management Fee 90,000 75,000 Facility rentals and fees 60,000 64,800 Box office ticket sales 54,000 62,100 Tuition 89,000 96,120 Other Earned concessions, advertising 3,000 3,240 Unearned Revenue grants, donations, 20,000 21,600 sponsorships, events Total Revenue $ 316,000 322,860 ExDense Artistic Personnel 30,000 30,900 actors, musicians, designers Technical Personnel 30,000 30,900 KFT Technical Coordinator salaries, taxes, tech assts. Technical Expenses 5,000 5,150 materials, rentals, equip. Facility Expenses 39,000 40,170 insurance, utilities, janitorial repairs & maintenance Production Expenses 20,000 20,600 royalties, rentals, sets, costumes, travel Education Expenses 68,500 70,555 instructors, supplies, rentals royalties Development Expenses 10,000 10,300 fundraising events, postage printing Marketing Expenses 20,500 21,115 printing, postage, advertising, design Administrative 52,000 53,560 KFT Facility Administrator supplies, salaries, taxes, insurance, banking, fees Total Expenses $ 275,000 283,250 Net Surplus/(Defecit) $ 41,000 39,610 10. Appendix A. History of Musicals Presented B. TMP Board of Directors C. IRS Determination Letter D. Season Brochure E. Sample Playhouse Post F. Annual Fund Solicitation G. TMP History H. TMP Staff bios I. TMP Organizational Chart J. Sample Calendar of Events K. 2004 - 2007 TMP Financial Statements L. TMP Growth Graphs Tac()ma Musical Vlayh()use Mainstage Show History 1993 - 1994 2000 - 2001 ~ry~~~~ ~~~ A Funny Thing Happened On the way to the Forum Radio Gals Crazy for You The Music Man 1994 - 1995 The Fantastiks Stepping Out Rodgers and Hammerstein's A Grand Night for Singing Working 1995 - 1996 I Do! I Do! Cole A Day in Hollywood, A Night in the Ukraine Carnival 2001 - 2002 The Pajama Game Singin' in the Rain Stepping Out The Scarlet Pimpernel Joseph and the Amazing Technicolor Dreamcoat 1996 - 1997 Something's Afoot The Boyfriend Romance, Romance Grease 2002 - 2003 Oklahoma Boys from Syracuse Beguiled Again Babes in Arms The Sound of Music 1997 - 1998 Into the Jf00m Cabaret Anything Goes West Side Story 2003 - 2004 Fiddler on the Roof I Love You, You're Perfect, Now Change Suds Kiss Me, Kate Seven Brides for Seven Brothers 1999 - 2000 State Fair Nunsense U Big, the musical Annie 2004 - 2005 Little Shop of Horrors A Christmas Carol, the musical She Loves Me Meshuggah~Nuns! How to Succeed in Business without Really Trying 42nd Street 1998 - 1999 Gypsy Nunsense Cinderella A Chorus Line 2005 .. 2006 MY Fair Lady A Christmas Carol, the musical Heaven Help Us On the Twentieth Century Ragtime The King and I 2006 .. 2007 Thoroughly Modern Millie A Christmas Carol, the musical They're Playing Our Song Big River The Full Monty Disney's Beauty and the Beast 2007 .. 2008 Damn Yankees Meet Me in St. Louis Urinetown, the musical MY One and Only Miss Saigon Grease 2008 .. 2009 South Pacific The Slipper and the Rose Glorious! Footloose, the Musical The Producers The Wizard of Oz T acvrna ,"u~ical Vla'Yhvu~e Board of Directors 2008 - 2009 Executive Committee President: Lark Moore, Director of Finance, Steilacoom School District, 9709 Zircon Dr SW, Lakewood, WA 98498 Vice President: Jan Gee, Owner, G&G Public Affairs, 12215 Interlaken Dr. SW, Lakewood, WA 98498 Secretary: Nick Masington, International Attorney, 2301 Nanimo Ct NE, Tacoma, W A 98422 Treasurer: Marvin Rogers, Owner, Pioneer Assisted Living Facility, 5621 A St, Tacoma, W A 98408 Members at Large John Chenault, Community Volunteer! Retired Amazon Engineer, 2506 Shore land Dr S, Seattle, W A 98144 Phyllis Erickson, Community V olunteer!Retired Legislator, 8201 6th Ave #170, Tacoma, W A 98406 Frank Hankins, Retired Boeing Pilot, 5410 Old Stump DrNW, Gig Harbor, WA 98332 Beverly McConaghy, Investment Securities, 5000 Bridgeport Way W, Univ. Place, W A 98467 Rick Stockstad, Educator, 3421 N 22nd St, Tacoma, WA 98406 Doug Westmark, Marketing Manager Viking Bank, 2418 E. Pioneer, Puyallup, WA 98372 Staff Jon Douglas Rake, Founder, Managing Artistic Director, jon@tmp.org Jeffrey Stvrtecky, Business Manager, Music Director, ieff~tmp.org Diana George, Director of Development, dianacmtmp.org Maria Valenzuela, Office Manager, maria~tmp.org Chris Serface, Education Director, chriscmtmp.org William Abrahamse, Technical Director, willcmtmp.org ~ INTERNAL REVENUE SERVICE P. O. BOX 2508 CINCINNATI, OR 45201 DEPARTMENT OF THE TREASURY Date: \OCT 3 1 2001 Employer Identification Number: 94-3198670 DLN: 601285005 Contact Person: JAMES H BLAIR ID# 31324 Contact Telephone Number: (877) 829-5500 Our Letter Dated: April 1994 Addendum Applies: No TACOMA MUSICAL PLAYHOUSE 7116 6TH AVE TACOMA, WA 98406-1213 Dear Applicant: This modifies our letter of the above date in which we stated that you would be treated as an organization that is not a private foundation until the expiration of your advance ruling period. Your exempt status under section 501 (a) of the Internal Revenue Code as an organization described in section 501 (c) (3) is still in effect. Based on the information you submitted, we have determined that you are not a private foundation within the meaning of section 509(a) of the Code because you are an organization of the type described in section 509(a) (2) . Grantors and contributors may rely on this determination unless the Internal Revenue Service publishes notice to the contrary. However, if you lose your section 509(a) (2) status, a grantor or contributor may not rely on this determination if he or. she was in part responsible, for, or was aware of , the act or failure to act, or the substantial or material change on the part of the organization that resulted in your loss of such status, or if he or she acquired knowledge that the Internal Revenue Service had given notice that you would no longer be classified as a section s09(a) (2) organization. You are required to make your annual information return, Form 990 or Form 990-EZ, available for public inspection for three years after the later of the due date of the return or the date the return is filed. You are also required to make ,available for public inspection your exemption application, any supporting documents, and your exemption letter. Copies of these documents are also required to be provided to any individual upon written or in person request without charge other'than reasonable fees for copying and postage. You may fulfill this requirement by placing these documents on the Internet. penalties may be imposed for failure to comply with these requirements. Additional information is available in publication 557, Tax-Exempt Status for Your Organization, or you may call our toll free number shown above. If we have indicated in the heading of this letter that an addendum applies, the addendum enclosed is an integral part of this letter. Letter 1050 (DO!CG) .' ., '. -'. ,', ~., " " Tacoma Musical Plavhouse History Tacoma Musical Playhouse was founded by Jon Douglas Rake in January 1994 to fulfill a need in Tacoma for a theater company that specializes in the uniquely American art form of musical theater. Mr. Rake's artistic leadership of the company, supported by a need in the community and an availability of excellent local talent, are the driving forces of its success. The primary artistic team of Jon Douglas Rake, Artistic Director and Jeffrey Stvrtecky, Music Director, provide stability to the productions at TMP. This stability has assured a level of quality that is maintained from production to production and anticipated by an ever-growing, musical-theater-Ioving audience. TMP's mission is "Enriching lives through the art form of musical theater." We believe that people's lives are enriched by high-quality entertainment. Sometimes that entertainment challenges people to think about life issues; other times it offers opportunities for hilarity; and still other times it offers moments for tears. In all cases, however, the experiences move people's emotions and take them to a new place in their thinking. TMP has enriched people with productions like Into the Woods, The Music Man, The Sound of Music, Oklahoma, Disney's Beauty and the Beast, Thoroughly Modern Millie and West Side Story. We are committed to providing our patrons with a wide variety of musical theater selections that will touch them emotionally. TMP is the fastest growing arts organization in the Puget Sound region. From its modest beginning at Annie Wright Kemper Center, to a church basement, then to the Narrows Theatre which seats 380, TMP has rapidly grown into Tacoma's premier musical theater company. TMP added facility space by renting the retail space next to the theater. The 4,800 square-foot room is used for rehearsal space, costume building, set building, and storage. We added another small retail space which serves as our administrative office and box office. Several years ago, the company added the retail space at 7108 Sixth Ave to serve as a costume storage and building area and 610 S Oxford as its educational room. In all, TMP occupies 63% of the Narrows Center and leases the remaining space to tenants. TMP offers season subscriptions and season flex passes to its mainstage productions. The season includes six mainstage shows which run for four or five weekends each. Single tickets, including student, senior, military, child and group discounts, are available for all productions as well. Group sales have become a significant portion of the company's annual ticket revenue. Annually, TMP offers free tickets for each production's preview performance to numerous Pierce County social service organizations to distribute to under-served individuals. TMP has expanded its artistic offerings beyond its six mainstage shows. TMP presented two original murder mystery dinners and two musical revues per season until this year. The organization regularly books its performers for specialty shows throughout the community. TMP has also been a presenting organization. We have hosted the Seattle hit comedy show Late Nite Catechism, Marni Nixon, The Voice of Hollywood, and A Tribute to Red Skelton in the Narrows Theatre. These shows attract many new potential patrons to our theater. In the 2006-07 season, we launched the Tacoma Children's Musical Theater program. Three productions for children, presented by adults, are offered each season. TMP's budget has been driven by the fantastic growth of the company's earned revenue. The organization hired a part- time Development Coordinator in 2000 and successfully launched its first Annual Fund campaign which raised over $37,000. The Annual Fund campaign drive continues to grow and has met its goal in subsequent years. TMP has received grant funds from several new sources since this hiring including U.S. Bank, the Forest Foundation, the Seattle Foundation, the West End Neighborhood Council, Junior League of Tacoma, Pierce County Arts Commission, Tacoma Public Utilities, Frank Russell Company and the Dimmer Family Foundation. TMP has established relationships for in-kind support from The News Tribune, Microsoft Corporation, the Boeing Company and the Seattle Opera House. The organization was also initiated into the Tacoma Arts Commission's Anchor Fund in December 2000. TMP's operating budget ($1.2M) has been driven by the fantastic growth of the company's revenue from increased season subscriptions and single ticket sales. TMP has yet to experience a significant operating deficit. An independent accounting firm reviews or audits our financial statements. Education is a priority for TMP. Initially, a Summer Musical Theater Youth Camp trained a group of talented and eager young performers each summer, culminating in a fully-staged public production. A professional staff of instructors offers a well-rounded program in all aspects of musical theater. In 2004 a Spring Break Youth Camp was additionally offered. In 2005, a full year of education opportunities now exist with the hiring of a Director of Education. A Winter Break Youth Camp, an After School Academy, and a Summer Honor Camp were added to the educational programs ensuring nearly year-round activities for young people at TMP. This year we have added another new program ACT at TMP. This program offers young students the chance to enhance or learn more theatrical skills such as auditioning, acting, singing and dancing. These programs are structured in the manner of a conservatory program. Another successful educational outreach program focuses on professional theater. TMP directors, Jon Rake and Jeffrey Stvrtecky, offer intensive theater tours to destinations like New York, London, Chicago, Las Vegas or Los Angeles where patrons enjoy the experience of attending several Broadway shows. Hundreds of patrons have enjoyed the touring opportunity thus far. These tours serve several purposes: they build patron loyalty for TMP; they help educate our patrons about the entire professional theater experience; and they offer an insight into professional theater production. Increased marketing efforts have contributed to the growth in attendance of our productions. TMP entered into a sponsorship agreement with The News Tribune to increase our visibility through display ads. This has brought several new patrons to the theater, and we have increased our sponsorship agreement with them for the current season. The organization also occasionally uses radio advertisements with KPLU or KING-FM. A two-for-one incentive to first time ticket buyers was a huge success in getting patrons back through our doors for a repeat visit. TMP's "Playhouse Post" newsletter is a promotional tool that has resulted in a positive response from the community. We are more visible to our existing patrons and are attracting new patrons through this effective tool. It has resulted in a steady flow of in-kind contributions from a "wish list" printed in each newsletter. We also use the newsletter to recognize and thank the volunteers who support the ongoing programs of TMP. TMP's website www.tmp.org receives thousands of hits monthly and allows patrons to order tickets directly on line. Perhaps the most important issue facing TMP is its theater facility. The Narrows Theatre became home to the company in 1995. In November, 2002, TMP purchased the Narrows Theatre and its surrounding Narrows Shopping Center from the family members of the original family that built the Center. In the fall of 2007, TMP unveiled a major remodel (Phase 1) that included taking over two of the rental units adjoining the theater and turning those spaces into new expanded lobby, concessions, patron restrooms, cast dressing rooms, green room and restrooms. A refinance of our debt through the Washington State Housing Finance Commission and grants from local and state governments paid for the remodel without the need for a capital campaign. The theater requires significant restorations and modifications to make it a viable space to present live theater productions into the future. TMP would like to expand its current reach and programming by adding a secondary performing arts space for Education and smaller scale productions. This new space would also be used for fostering workshops and new productions not suitable for our current space and its technical limitations. Phases 2 and 3 will include theater technical modifications and will, however, be accomplished with capital campaign funding. Tacf)ma Mu~ical VlaYhf)u~e Key Staff Bios Jon Douglas Rake, Founder and Managing Artistic Director Jon Douglas Rake has spent nearly all of his adult life devoted to musical theater. He began his career as a professional dancer and soon discovered his unique talents for choreography and directing. Educated at the University of California, San Diego, Jon has produced, directed, choreographed or acted in well over 200 musical theater productions at the professional or community theater level on the West Coast. He founded Tacoma Musical Playhouse in 1994 to fill a gap in the Tacoma theater scene. TMP is the only South Sound theater company devoted to producing musicals exclusively. His creative energy is the driving force behind the company. Jon's other interests include historic architecture and gourmet dining. Jeffrey Stvrtecky, Business Manager, Music Director Jeffrey Stvrtecky earned his B.M. degree in Piano from Wheaton College and his M.M. and D.M.A. degrees in Choral Music from USC. He was the Founder and Music Director of Tacoma Master Chorale, founded in 1994. Jeff serves as Director of Music at First Christian Church, Tacoma. He has maintained a secondary avocation in accounting, serving as Business Manager for TMP since its inception. He has held full-charge bookkeeping positions and other finance positions at numerous firms or businesses including: Moss Adams, Gibson, Dunn and Crutcher, Sir Speedy Printing, and Pacific Video. Maria Valenzuela Lewis, Marketing & Office Manager, Director of Youth Music A former scientist and manager with the Departments of Commerce and Defense, Maria also has over 30 years of performance experience and education in music and theater. She spent 12 years with the Federal Government managing satellite offices and programs along the west coast prior to entering the business of non-profit arts management. At the age of 26, she was the youngest individual ever appointed to the position of Official- in-Charge of a major National Weather Service Office (San Francisco International Airport) where she maintained a high-profile office of professional and technical staff in support of the region's critical needs. After several subsequent management positions, Maria has effectively developed the ability to balance the unique needs of the administrative, artistic, human resource and marketing requirements of a successful non-profit performing arts organization. Currently, Maria oversees all Box Office operations for TMP and organizes and creates all marketing literature and calendars including: newsletters, brochures, posters, press releases and show programs. She also maintains the TMP website. A native ofNE Tacoma, she currently resides in the Dumas Bay neighborhood of Federal Way. As an actor, coach, director and professional singer, Maria's recent experiences have included everything from directing the Tacoma Children's Musical Theater productions for family audiences; to regularly appearing as a member of the renowned Seattle Opera Chorus; to serving as music director for the Pierce County Daffodil Festival since 2005; and to a Carnegie Hall debut performance in 2007. Chris Serface, Director of Education Chris Serface has been active in theater for over 15 years. Raised in the Pacific Northwest, Chris became passionate about the theater at an early age and became involved with the local community theater scene. During his educational and professional travels, he has found himself involved with theaters from Washington to Utah, working closely with Capital Playhouse, Weber State University, Capital High School, Utah Musical Theatre, The Wasatch Playhouse, The Garage Theatre, The Abbey Players, Lakewood Playhouse, and Tacoma Musical Playhouse as either an administrator, educator, actor, technician, director or musician. In his travels outside of Washington, Chris was never able to find any programs that matched the caliber of those provided in the Pacific Northwest and is proud to be back in the area. Chris brings the dynamic of being a performer, educator, and businessman, able to see all sides of an organization and give a viewpoint that reflects the interests of the artistic and business sides of the theater world. In his previous professional experiences he served as: District Manager for Hollywood Video, managing 18 retail locations with full profit/loss responsibility and human resources control; Company Manager for Capital Playhouse where he implemented and developed a Human Resources program, oversaw the reorganization of their accounting practices, developed a Community Outreach program, oversaw Profit & Loss management, and ensured patron retention. Currently in his role as Director of Education at Tacoma Musical Playhouse he is committed to teaching the discipline of theater to the youth of our communities and is excited to be returning to the educational side of theater to help build the next generation of actors that will come out of the Pacific Northwest. Diana George, Director of Development Diana has 15 years experience working in fundraising and event coordination. This includes Budget! Final reports of events, Proposal presentations, Emcee, Coordination of Event schedules, Advertising! Marketing, Decorations, Entertainment, Contracts, Catering, Allocation of Venues, Caterers, Sponsorships and Grants, Speakers, and Volunteer Coordination. Various events include: Ladies Luncheons, Silent Auctions, Fashion Shows, Dinners, and Educational Workshops. She has also formatted grant programs for various non-profit organizations completing research and writing of grant proposals, Letters of Interest and fmal reports and tracking of budget and expenditures of grants. Diana is a member of the Puget Sound Grantwriters Association,. The Foundation Center, The Non-Profit Center, and Philanthropy Northwest. She has completed classes and workshops such as Pierce County Grantwriting Workshop, Beginning and Advanced Grantwriting, and the PGSA Grantwriting Conference 2008. Alongside such varied positions as Research Scientist in Cancer Cytogenetics, Tap Dance Instructor, and Executive Director of CAPRI Heart and Lung Institute, Diana's path and passion has always included involvement with musical theater arts bringing over 30 years experience onstage and backstage as insight to her position. Will Abrahamse, Technical Director Will recently joined the TMP family after spending the last decade in technical theater with ArtsWest Playhouse and Gallery in West Seattle, Coeur d' Alene Summer Theatre, Puget Sound Musical Theatre and others. Will served as the Technical Director for ArtsWest for three years where he also performed the duties of Resident Set Designer and Scenic Artist. He has also worked extensively with the Drama Programs at Auburn Riverside and Enumclaw High Schools. Will is experienced in all aspects of technical theater and is proficient in ETC lighting controls systems, intelligent lighting systems, live sound mixing, rigging, and operation and maintenance. Will studied Technical Theatre and Design at the University of Idaho and Washington State University. ~ f#; = ~ .c ; - ~ - ~ .. 'IJ = :. ~ E ~ ~ ~ e l'.! 0 CII B~ l'.! .l!l e ns g ~ ::s iifl 0 ::s > f/)_ -Iii ::; III 0 .- .... .:=; "'0 .... 0 w oCt) o@! i5 ~,!.! nst; a::e.... III <: 0 ~ 010 CleQ) ::I.-.~ 0010 O~ ens o:iE , :l: 5 E- !~ e!i5 .0- <rl e'c ns.s:::. =lil ~1- l'.! CII .l!l c ::s g "fi ~ l!! .... caS ClltO .c.... ....1;)- ,- CII ~,B E .- E'- ~"'O~ u..<:ns 5i~8 ~'o ::stO eu.. :.::: -O(j) rl1ilE "2.5 ~ .s:::.'E-e o 0 to Q)oo. I-O~ CIl _ e>> '0 i 0.... E alOo. C>0..Q ~ .!11 ~ to Cl CII is Cl l'.! o c o o l'.! f!! .... Ql CII Ql Q) ~c 01 to ::>-= c ~ to :iE CII t/I ::s 0 J: ~ID >- UOl -g~ ~~ liS.... ~:iE ~.l!l .... c f/)t/1 0- >,t/1 ~ e l!! .... l'.! II: 'Cii ns Q) Q) CIl::S -01 .l!! ,m Q) to ::J c e N to ::s l5:iE 0 mCl > > .5 Q) f!! ~ tOG) o Q) 'C~ 5~ :iE ns to x.2 :E:iE 00 m> January TCMT Family musical, Midweek school matinees After school camp Saturday Conservatory ACT at the Knutzen Jazz Concert Rentals February Valentine's Day Cabaret Production TMP Production After school camp ACT at the Knutzen City of Federal Way Presentation Family Film Series Tour show-Washington Artists Midweek school matinees Rentals March TCMT Family musical, Midweek school matinees Missoula Children's Theatre-City of FW Classical concert series Centerstage Theatre Afterschool camp ACT at the Knutzen Rentals April Touring production""""City of FW Afterschool camp ACT at the Knutzen Family Film Series Spring break camp & shows Guest artist presentation Renta Is May Centerstage Theatre Afterschool camp ACT at the Knutzen Jazz at the Knutzen Touring show-Washington Artists Midweek school matinees TCMT Family musical, Midweek school matinees Rentals June Summer camp begins Dance company recitals Classical concert Representative Calendar of Events for Knutzen Family Theatre Rentals July TMP Summer Musical Production Summer camp continues Rentals August TMP Broadway style revue City of Federal Way Presentation Family Film Series Summer camp Productions Rentals September Preview Event of upcoming at the Knutzen Classical concert series Centerstage Theatre Afterschool camp ACT at the Knutzen Rentals October Touring production-City of FW Afterschool camp ACT at the Knutzen Family Film Series Guest artist presentation Murder Mystery Dinner Rentals November Missoula Children's Theatre-City of FW Centerstage Theatre Afterschool camp ACT at the Knutzen Jazz at the Knutzen Touring show-Washington Artists Midweek school matinees TCMT Family musical, Midweek school matinees Rentals December Winter break camp Centerstage Theatre Holiday Family Film Holiday musical production Dance company recitals Classical concert TACOMA MUSICAL PLAYHOUSE FINANCIAL STATEMENTS For the years ended August 31, 2007 and 2006 TACOMA MUSICAL PLAYHOUSE STATEMENTS OF FINANCIAL POSITION August 31, 2007 and 2006 2007 2006 ASSETS Current Assets: Cash and cash equivalents $ 440,040 $ 152,229 Accounts receivable 31,373 29,086 Employee receivable 5,552 4,779. Prepaid expenses 81,209 86,139 TOTAL CURRENT ASSETS 558,174 272,233 Land, Property and Equipment, Net 1,876,301 1 ,464,767 Other Assets: Deposits 2,630 13,330 TOTAL ASSETS $ 2,437,105 $ 1,750,330 LIABILITIES AND NET ASSETS Current Liabilities: Accounts payable $ 73,826 $ 17,616 Federal income tax payable 1,000 2,995 Deferred ticket revenue and sponsorships 366,281 240,815 Refundable deposits 2,875 8,329 Current portion of long-term debt 265,453 28,740 TOTAL CURRENT LIABILITIES 709,435 298,495 Long-Term Debt: Net of current portion 1,434,224 1,138,106 TOTAL LIABILITIES 2,143,659 1,436,601 Net Assets: Unrestricted 284,230 . 304,513 Permanently restricted 9,216 9,216 TOTAL NET ASSETS 293,446 313,729 TOTAL LIABILITIES AND NET ASSETS $ 2,437,105 $ 1,750,330 See Accountant's Review Report. See accompanying notes. - 2- TACOMA MUSICAL PLAYHOUSE STATEMENTS OF ACTIVITIES AND CHANGE IN NET ASSETS For the years ended August 31, 2007 and 2006 2007 Permanently Unrestricted Restricted Total PROGRAM REVENUES Ticket sales $ 499,525 $ $ 499,525 Theater trips 179,919 179,919 Tuition revenue 61,196 61,196 Concessions, net of cost 11,380 11,380 TOTAL PROGRAM REVENUES 752,020 752,020 OTHER REVENUES Corporate sponsorships 29,850 29,850 Government contracts 11,000 11,000 Foundation funding 2,500 2,500 Individual donations 133,462 133,462 Program advertising 1,830 1,830 Fundraising 22,808 22,808 Capital campaign 26,603 26,603 Miscellaneous 5,692 5,692 TOTAL OTHER REVENUES 233,745 233,745 TOTAL REVENUES 985,765 985,765 PROGRAM EXPENSES Artistic personnel 134,271 134,271 Theater trips 192,814 192,814 Technical 73,667 73;667 Education 58,558 58,5SE Facilities 126,256 126,25€ Production 103,333 103,332 Development 69,240 69,24C Marketing 42,172 42,172 TOTAL PROGRAM EXPENSES 800,311 800,311 GENERAL AND ADMINISTRATIVE EXPENSES 230,956 230,95E TOTAL EXPENSES 1,031,267 1,031,26i CHANGE IN NET ASSETS FROM OPERA TrONS (45,502) (45,502 NET RENTAL ACTIVITY 25,219 25,21 S CHANGE IN NET ASSETS (20,283) (20,28~ NET ASSETS, Beginning 304,513 9,216 313,72S NET ASSETS, Ending $ 284,230 $ 9,216 $ 293,44E See Accountant's Review Report. See accompanying notes. - 3- 2006 Permanently Unrestricted Restricted Total $ 432,958 $ $ 432,958 153,985 153,985 46,256 46,256 7,584 7,584 640,783 640,783 26,595 26,595 12,000 12,000 8,100 8,100 105,413 105,413 940 940 8,207 8,207 7,454 7,454 168,709 168,709 809,492 809,492 133,819 133,819 159,719 159,719 49,751 49,751 1 07,444 107,444 71,788 71,788 46,739 46,739 41,956 41,956 611,216 611,216 222,047 222,047 833,263 833,263 (23,771) (23,771) 12,425 12,425 (11,346) (11,346) 315,859 9,216 325,075 1..- 304,513 $ 9,216 _ $ 313,729 ~. .: -,. TACOMA MUSICAL PLAYHOUSE FINANCIAL STATEMENTS AUGUST 31, 2005 and 2004 Tacoma Musical Playhouse STATEMENTS OF FINANCIAL POSITION August 31, ASSETS 2005 2004 CURRENT ASSETS: Cash $ 222,987 $ 232,404 Accounts receivable 29,622 14,577 Employee receivable 9,187 17,613 Federal income tax deposit 414 Prepaid expenses 48,174 52,859 Total current assets 309,970 317,867 LAND, PROPERTY AND EQUIPMENT, net of depreciation 1,330,128 1,364,860 OTHER ASSETS: Deposits 2,417 3,380 Restricted cash 9,318 7,252 Total other assets 11,735 10,632 TOTAL ASSETS $ 1,651,833 $ 1,693,359 LIABILITIES AND NETS ASSETS CURRENT LIABILITIES: Accounts payable $ 30,334 $ 31 ,030 Federal income tax payable 2,469 Deferred ticket revenue and sponsorships 169,247 180,984 Current portion of long-term debt 22,897 21,240 Total current liabilities 224,947 233,254 LONG-TERM LIABILITIES: Long-term debt, net of current portion 1,094,557 1,116,958 Deposits 7,254 7,254 Total long-term lia~i1ities 1,101,811 1,124,212 Total liabilities 1,326,758 1,357,466 NET ASSETS: Unrestricted 315,859 328,677 Permanently restricted 9,216 7,216 Total net assets 325,075 335,893 TOTAL L1ABILlTES AND NET ASSETS $ 1,651.833 $ 1.693,359 See accountants' review report and notes to the financial statements 2 Tacoma Musical Playhouse STATEMENTS OF UNRESTRICTED REVENUES. EXPENSES AND OTHER CHANGES IN UNRESTRICTED NET ASSETS For the years ended August 31, 2005 % 2004 % CHANGES IN UNRESTRICTED NET ASSETS: PROGRAM REVENUES: Ticket sales $ 405,878 66.17 $ 361,656 63.24 Theater trips, net of direct costs of $204.616 for 2005 and $216,124 for 2004 (29,494) (4.81) 24,710 4.32 Summer youth program tuition 21,276 3.47 20,285 3.55 Concessions, net of cost 5,224 0.85 5,690 0.99 Total program revenue 402,884 65.68 412,341 72.10 OTHER REVENUES: Corporate sponsorships 23,315 3.80 17,803 3.11 Government contracts 24,000 3.91 13,600 2.38 Foundation funding 30,800 5.02 18,750 3.28 Individual donations 97,090 15.83 94,806 16.58 Prog ram advertising 60 0.01 850 0.15 Fundraising 30,463 4.97 11,683 2.04 Miscellaneous 4,779 0.78 2,039 0.36 Total other revenue 210,507 34.32 159,531 27.90 Total Revenue 61.3,391 100.00 571,872 100.00 PROGRAM EXPENSES: Artisitic personnel 112,885 18.40 91,153 15.94 Technical 52,722 8.60 39,685 6.94 Facilities 104,375 17.02 80.803 14.13 Production 84,01 8 13.70 48,083 8.41 Development 51,555 8.40 . 41,419 7.24 Marketing 41,922 6.83 37,936 6.63 Total program expenses 447,477 72.95 339,079 59.29 GENERAL AND ADMINISTRATIVE EXPENSES 191,118 31.16 155,480 27.19 T ota I Expenses 638,595 104.11 494,559 86.48 INCREASE (DECREASE) IN UNRESTRICTED NET ASSETS FROM OPERATIONS (25.204) (4.11) 77,313 13.52 NET RENTAL ACTIVITY 12,386 2.02 5,547 0.97 INCREASE (DECREASE) IN UNRESTRICTED NET ASSETS $ (12,818) (2.09) $ 82.860 14.49 See accountants' review report and notes to the financial statements. 3 ". .~ Tacoma Musical Playhouse STATEMENTS OF CHANGES IN NET ASSETS For the years ended August 31, 2005 % 2004 % UNRESTRICTED REVENUES $ 613,391 100.00 $ 571,872 100.00 UNRESTRICTED EXPENSES (638,595) (104.11 ) (494,559) (86.48) NET RENTAL ACTIVITY 12,386 2.02 5,547 0.97 INCREASE (DECREASE) IN UNRESTRICTED NET ASSETS (12,818) (2.09) 82,860 14.49 CHANGES IN PERMANENTLY RESTRICTED NET ASSETS: Individual donations 2,000 0.33 INCREASE (DECEASE) IN NET ASSETS (10,818) (1.76) 82,860 14.49 NET ASSETS AT BEGINNING OF YEAR 335,893 54.76 253,033 44.25 NET ASSETS AT END OF YEAR $ 325,075 53.00 $ 335,893 58.74 See accountants' review report and notes to the financial statements. 4 Tac()ma Musiml Vla~hf)use Growth History Annual Attendance 30,000 25,000 20,000 15,000 10,000 5,000 o _",'* _wrl' -!t(q'\ ~.:9JCb tf~ ~ _<<'\)~ ~~ n}.>'b rt' . tP J!' gf~ ~ rp> ~- 0/ ~ ~ q ~ ~. ~ ~v ~ ~ ~ ~ ~ Season 3,000 2,000 1 ,000 Season Subscriptions o _b{Qj~ ~~ rd~ (I.~'O _q.{ri> ~ ,SJ~ ~ n'fJlb ri~ _"'~ Ji' r~ (\'fJ'O ~. ~ ~ ~ ~ ~ ~ ~ ~v ~ ~. ~ ~ ~ Season ~l CULTURE March 9,2009 TEL 206296.7580 V/TTY 206 296.8574 FAX 206 296.8629 101 PREFONTAINE PL S SEATTLE WA 98104 WWW.4CULTURE.ORG TO: Federal Way City Council FM: Charlie Rathbun, Arts Program Manager RE: Knutzen Family Theatre RFP Review Process Dear Councilmembers: I am writing to convey my thoughts and observations regarding the recent interview and selection process for management of the Knutzen Family Theatre. I appreciate the opportunity to be involved in this process and I applaud your efforts to seek a sustainable solution for the management ofthis valuable community asset. I was invited by Mary Faber to attend your Tuesday council meeting but unfortunately have a conflict. I hope this letter can be of service in your process. I am the manager of the Arts Program for 4Culture, a position I have held for more than 15 years. I am fairly well acquainted with a number of community arts leaders in Federal Way as 4Culture has been a long time funder, supporter and advocate for your local arts programs, artists and cultural organizations. Ofthe two candidates that applied for this position I was familiar with Centerstage, which 4Culture has supported over the years and whose work I have reviewed in the past. I have always admired their dedication, their devotion to the challenging art of theater and their commitment to the community of Federal Way. I was entirely unfamiliar with the second candidate, the Tacoma Musical Playhouse. In fact, my only misgiving about being asked to participate in this process was my personal bias in favor of Centerstage, based on their work and long time association with the Knutzen Theatre and the Federal Way community. We interviewed Centerstage first and they impressed me, as I expected, with their passion and dedication, their desire to continue producing in the Knutzen and, what I can only call, their scrappy devotion to their artform, which as a former theater manager myself, I can fully appreciate. Beyond their own producing ambitions however, their plan for the ongoing management of the facility itself seemed somewhat extraneous to their primary mission. I noted, for example, that their financial plan relied on increasing subsidy from the city in future years. Their answers to specific questions about earned and donated income were unclear. My overall sense was that their primary focus was on preserving the facility for their own use and their own producing work. Their annual operating budget is under $200,000 and I questioned whether Centerstage really has the capacity to take on the year round management, development and community outreach required for operation of this facility. In contrast, the Tacoma Musical Playhouse, a $1.2 million operation, was represented by five full time staff members who were each engaged in the development, management and educational programming of the organization. Their plan and vision for the use of the facility was fully articulated. They responded well to our panel's questions about their commitment to the Federal Way community, and demonstrated a sensitivity and desire to address issues of local identity for the Knutzen and outreach to other Federal Way arts organizations. I noted that several of them lived in Federal Way and have a personal stake in the success ofthis project. Their anticipated budget showed a decrease in the city's subsidy in future years and their plans included a logical extension of their current educational programming, an obvious strong potential for use of the Knutzen facility. They were enthusiastic about the opportunity and demonstrated an impressive production history and fiscal track record in their Tacoma based facility. My further inquiries with several of our funding colleagues around the region confirmed my own positive impressions. As much as I admire and support the work of Centerstage, the choice was for this job was obvious. TMP appears to have the capacity, the readiness and the vision to assume the task of operating the Knutzen. Although they were one of only two candidates, I believe the City of Federal Way is fortunate to have an organization of this caliber interested in developing this asset for the greater community benefit. While I remain supportive of Centerstage and sincerely hope that they can continue their mission and work in your community, there was no question of our panel's consensus in this decision. Thank you again for including me in this important process. Sincerely, Charlie Rathbun, Manager Arts 4Culture fnrichin8 livea thro1l8h the art form of mllaicaltheaterl March 30, 2009 City of Federal Way Arts Commission Mary Faber Dear Commissioners, On behalf of the Board of Directors of Tacoma Musical Playhouse (TMP), I want to thank you for the opportunity to submit a Proposal to Manage the Knutzen Family Theatre. However, TMP is officially withdrawing this proposal. I have spoken with several arts patrons from the City of Federal Way, as well as representatives from other area arts organizations who have engaged in working relationships with Centerstage Theatre, and have concluded that the most quali- fied entity to manage the Knutzen Family Theatre at this time is the City of Fed- eral Way. This decision was reached in part after the disrespectful behavior ex- hibited by Alan Bryce, the Artistic Director of Centerstage Theatre, at the Parks and Recreation Committee meeting on March 10, 2009 and his treatment toward a fellow non-profit arts organization. Mr. Bryce's behavior at this meeting was unconscionable. If TMP was selected to manage the facility, Mr. Bryce stated that Centerstage would not be willing to work with TMP. It is obvious that his behavior would continue in the same manner and would not allow for an option to develop a positive working relationship. We also feel that his repeated threats to leave Federal Way if the contract was not awarded to Centerstage Theatre shows a serious lack of true commitment to the city and community. We would like to commend and thank Mary Faber, the Federal Way Arts Com- mission and the Evaluation Committee for their hard work and efforts in putting the RFP together, and for the comments and positive feedback TMP received from those involved in the evaluation process. The TMP Staff and Board of Di- rectors extends to the city the best possible wishes in this situation and, although we are not willing to accept the management of this facility at this time, would also like to propose the possibility of programming and educational partnerships with the City of Federal Way. Very truly yours, Jon Douglas Rake Managing Artistic Director Tacoma Musical Playhouse 7116 6th Avenue Tacoma, WA 98406 (253)565-6867 www.tmp.org Member, National Alliancefor Musical Theatre COUNCIL MEETING DATE: April 7, 2009 ITEM#:J.LL CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: COP HIRING AND RECOVERY PROGRAM (CHRP) POLICY QUESTION: Should the City seek funding for new police officers through the CHRP grant program? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: D Consent IZI City Council Business D Ordinance D Resolution D D Public Hearing Other ~'I'~~~~~~c:>~'I'~Y:~EY::ll'lt~l'lg~,A:~~i~!::ll'lt<:.:ity:tyI::ll'l::lg~E!<:':]:"'Q DEPT: City Manager's Office ATTACHMENTS: ,. Overview of the CHRP Program ~. Frequently Asked Questions and Answers about the Program 3. ""D€plol{rnen\ Opt\o~ SUMMARY/BACKGROUND: The Cop Hiring and Recovery Program (CHRP) makes funding available for the hiring and rehiring of additional career law enforcement officers. There is no local match requirement, but grant funding will be based on current entry-level salary and benefits packages and therefore any additional costs for higher salaries or benefits would be the responsibility of the grantee agency. CHRP grants will provide 100% funding for approved entry-level salaries and benefits for three years. At the conclusion of federal funding, grantees must retain all sworn officer positions awarded under the CHRP grant. The application period for this competitive grant program ends April 14, 2009. Staff seeks Council approval to pursue the grant funds. Council is not obligated to receive the grant funds at this time and will have an opportunity to decline the award. The City will not realize a financial impact or obligation by submitting its application. However, if an application is not submitted by the deadline, the opportunity for grant funding will be lost until the next application cycle in 2010 or later. OPTIONS: 1. Approve the staff recommendation to seek the grant funding for the 2009 Cop Hiring and Recovery Program and authorize the City Manager or his designee to execute any necessary application documents. Staff will return to Council for authorization to receive grant awards at a later date. 2. Deny approval. STAFF RECOMMENDATION: Authorize staff to pursue grant funding for the 2009 Cop Hiring and Recovery Program and authorize the City Manager or his designee to execute any necessary application documents. CITY MANAGER ApPROVAL: N/A Committee DIRECTOR ApPROVAL: N/A Committee tfr",~M/~ i/o.J),?tJ;'; Council COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "1 move to (PLEASE CHOOSE ONE) 1. Approve the staff recommendation to seek the grant funding for the 2009 Cop Hiring and Recovery Program and authorize the City Manager or his designee to execute any necessary application documents without funding obligation by the City."; OR. 2. Deny approval." (BELOW TO BE COMPLETED BY CITY CLERKS OF FlCE) COUNCIL ACTION: D APPROVED D DENIED D TABLED/DEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # COPS Hiring Recovery Program (CHRP) The Office of Community Oriented Policing Services (COPS Office) is pleased to announce the availability of funding under the COPS Hiring Recovery Program (CHRP). The COPS Office will receive the funds from the American Recovery and Reinvestment Act of 2009 to address the personnel needs of state, local, and tribal law enforcement. Applications for CHRP grants will be accepted online via the COPS Office web site beginning March 16,2009 through April 14, 2009. Quick Overview · CHRP is a competitive grant program that provides funding directly to law enforcement agencies having primary law enforcement authority to create and preserve jobs and to increase their community policing capacity and crime-prevention efforts. · Up to $1 billion in grant funding will be available for the hiring and rehiring of additional career law enforcement officers. · There is no local match requirement for CHRP, but grant funding will be based on current entry-level salary and benefits packages and therefore any additional costs for higher salaries or benefits for particular individuals hired will be the responsibility of the grantee agency. · CHRP grants will provide 100 percent funding for approved entry-level salaries and benefits for 3 years (36 months) for newly-hired, full-time sworn officer positions (including filling existing unfunded vacancies) or for rehired officers who have been laid off, or are scheduled to be laid off on a future date, as a result of local budget cuts. *In addition, there is no cap on the number of positions an agency may request, but awards will be limited to available funding. Please be mindful of the initial 3-year grant period and your agency's ability to fill the officer positions awarded, while following your agency's established hiring policies and procedures. · At the conclusion of federal funding, grantees must retain all sworn officer positions awarded under the CHRP grant. The retained CHRP-funded position(s) should be added to the grantees law enforcement budget with state and/or local funds, over and above the number of locally-funded positions that would have existed in the absence of the grant. The COPS Hiring Recovery Program funding is in addition to $2.76 billion in preventing and controlling crime and $225 million to combat violence against women. Frequently Asked Questions (FAQs) for CHRP Questions which do not apply to the City of Federal Way have been deleted Q: As a law enforcement agency, what purposes can I use the CHRP funding? A: You may use CHRP funding to hire new officers, rehire officers that have been laid off due to state and local funding cuts and to etain officers that are scheduled to be laid off at a future date. Q: How do l know whether I should apply for funds to hire new officers or rehire officers? A: If your agency has recently laid off officers and wishes to rehire those individuals, you should apply for funds to rehire the officers who were laid off before you submitted the application - that is one funding option. If you haven't laid off officers yet, but you have a lay-off scheduled for a specific future date (for example, the officers have already been notified that they will be laid off on October 1), you should apply for funds to rehire officers who are scheduled for a future lay-off - that is another funding option. If you do receive funding in the latter category, you'll be able to use the COPS Hiring Recovery Program funds to "rehire" the officers on October 1, after using the full amount of local funding that is already budgeted for them until the date of the lay-off. You also will not be required to formally lay the officers off through your administrative lay-off procedures, but may transfer them to the COPS Hiring Recovery Program funding as of the lay-off date - in this example, October 1. Finally, if your agency has not or does not plan to lay-off officers, but wishes to increase its current locally-funded sworn officer strength, it should apply for funds to hire new officers. That category of funding - new hires - includes hiring new officers to fill existing vacancies that are no longer funded in your budget due to local budget cuts. Q: My city hasn't reduced the police force yet, but we are currently going through our budget process and may be cutting officer positions before the COPS Hiring Recovery Program grants are awarded. Can we apply for COPS Hiring Recovery Program funding to restore those positions? A: Your agency cannot cut its sworn officer budget just because COPS Hiring Recovery Program (CHRP) funds are now available for officer hiring. First, that would be risky to your agency, because the COPS Hiring Recovery Program is going to be very competitive and there is just no guarantee that your agency will receive CHRPfunding. Second, that would create a potential supplanting violation that could be identified through an audit or monitoring, if it appears that the only reason your jurisdiction cut its police officer budget is because it anticipated receiving COPS Hiring Recovery Program funding (your agency would be using CHRP funds to replace local funds that it otherwise would have spent on those officer positions). Your agency must make its local budget decisions about sworn officers as if it had never heard of the CHRP grant program, and then if your agency is still planning to cut officer positions, it may apply for CHRP funds to rehire any officers who have been laid off, or to prevent lay-offs that are scheduled to occur in the future, or to hire new officers to fill vacancies that are no longer funded in your agency's budget. In this case, where the timing of the budget decisions is happening all around the same time that your agency applies for CHRP funds, it is especially critical to document the reason for any budget cuts that eliminate sworn officer positions to show that the cuts are not being made because of the CHRP. It is particularly helpful if your agency can document that other city departments are facing similar personnel cuts (through lay-offs or attrition) in the same time frame and same amounts - if it is audited in the future and can show that the school system laid off 20 teachers at the same time the police department laid off 10 officers, that goes a long way to proving that the police department cuts were not related to the anticipated receipt of CHRP grant funds. Q: We understand that we must commit to retain any COPS Hiring Recovery Program funded positions after the grant ends, but what will happen if our city's financial situation has not improved by then - or is even worse - and we can't retain? A: As with past COPS programs that required retention, the COPS Office will work with grantees facing severe fiscal distress at the time that the grant period is ending to evaluate whether they might qualify for a retention exemption. If a grantee does prove that its financial situation is so distressed that it cannot afford to retain the positions, the COPS Office has the authority to exempt the grantee from the retention requirement and the grantee is then ineligible for new COPS grants that have retention requirements for one year. If the grantee's fiscal distress is not so severe that it qualifies for a retention exemption, and the grantee still does not retain, then the COPS Office may bar that agency from receiving any new COPS grants (even those that don't have a retention requirement) for three years. Q: What kind of documentation can prove that the lay-off(s) are not related to the receipt of CHRP funds? A: Any records showing that the lay-off(s) occurred as a result of state, local or tribal budget cuts. To show that the lay-offs did not occur as a direct result of the availability of CHRP funds, it is especially helpful to demonstrate that budget cuts occurred in the entire (or at least additional) municipal or tribal governmental departments, not just the law enforcement department. Or if budget cuts just occurred in the law enforcement agency's budget that they were across all categories not just for sworn officer positions. Documents might include: 1. council meeting minutes discussing the budget cuts and lay-offs; 2. budget orders directing municipal departments to reduce their operating budgets; 3. personnel directives given to the officers who are scheduled for lay-off(s); 4. any other local documents explaining why the lay-offs occurred; and/or 5. notices provided to the individual officers regarding the date(s) of the lay-offs. Q: How does the CHRP program create and save jobs? A: The CHRP program creates jobs by offering funding for newly hired officers, including providing funding for new officers to fill existing officer vacancies that are no longer funded as a result of state, local or tribal budget cuts. The CHRP program saves sworn officer jobs by allowing the rehiring of laid off officers or those who would be laid off without the grant. Q: The officers we plan to rehire are experienced officers who are paid a higher than entry-level salary and benefit package. May we use the CHRP funds to pay their salaries? A: Yes, but only for the entry-level portion of their salary and benefits package. CHRP funds are awarded based on your agency's current entry-level sworn officer salary and benefits package over a three-year period. You can rehire experienced officers and use CHRP funding, but any additional costs higher than entry-level that your agency pays the rehired officers must be paid with local agency funds, not CHRP funds. Q: Can CHRP grant funding be used to pay for officer overtime and/or eliminate officer furloughs? A: No. CHRP funding may only be used to hire and rehire full-time law enforcement officers in order to create and preserve jobs and to increase law enforcement agencies' community policing capacity and crime prevention efforts. Q: Can CHRP funding be used to fill sworn officer positions that are vacant at the time we apply for CHRP funding? A: Yes, if the vacancies are no longer funded in your agency's budget. CHRP funding may be used to fill vacant sworn officer positions if the positions are included in your agency's law enforcement budget but are unfunded (state, local or tribal funding has not been budgeted to pay for the salary and benefits costs of the positions) because of a hiring freeze or budget cuts due to local fiscal distress. Q: If our agency's economic conditions change after receiving a CHRP grant and we want to change the hiring categories from what we identified in our CHRP application, what should our agency do? A: If your agency receives a CHRP grant and after receiving the grant, your agency needs to change the hiring category(s) it received funding under, your agency must request a post-award grant modification and must receive prior approval before spending CHRP funding. To obtain information on modifying a CHRP grant award please contact the COPS Response Center at 1- 800-421-6770. Q: Is our agency required to retain the CHRP-funded positions following the conclusion of the 36 months of grant funding? A: Yes. At the conclusion of federal funding, CHRP grantees are required to retain all officer positions awarded - including positions awarded to rehire laid off officers or to prevent lay-offs - for a period of 12 months. The additional officer positions should be added to the grantee's law enforcement budget with state and/or local funds, over and above the number of locally-funded officer positions that would have existed in the absence of the grant. Absorbing CHRP-funded officers through attrition, rather than by adding the extra positions to your budget with additional funding, does not meet the retention requirement. Q: How will the COPS Office monitor my agency's use of CHRP funds for rehiring laid off officers? A: The COPS Office monitors grantee compliance with all grant requirements in a variety of ways. For example, your agency may receive an on-site monitoring visit from the COPS Office during the grant period, an on-site financial monitoring visit from the Office of Justice Programs, Office of the Comptroller, or it may be audited by the Office of the Inspector General Audit Division. Your agency also may be asked to submit written documentation demonstrating its compliance with the grant conditions or in response to evaluations by outside organizations. Q: How long must we keep copies of all of these records to demonstrate when and why we rehired laid off officers? A: Your agency is required by law to maintain grant records to demonstrate your proper use of grant funds throughout the active grant period and then for at least an additional three years after the grant is officially closed out by the COPS Office. 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