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Res 10-598RESOLUTION NO. 10-598 A RESOLUTION of the City Council of the City of Federal Way, Washington, Adopting a Park Donation and Memorial Program. WHEREAS, periodically, the City is approached by private citizens, business groups, or other organizations desiring to contribute monetary and non-monetary donations to the City's park system; and WHEREAS, pursuant to RCW 35A.11.040, the City is authorized to accept any gift or grant for any public purposes; and WHEREAS, the City Council desires to adopt a Parks Donation and Memorial Program that will give members of the community the opportunity to make donations within the park system, and allow for a coordinated and consistent program for recognizing such contributions; and WHEREAS, the City Council has reviewed the Parks and Recreation Commission's proposed Donation and Memorial Program and desires to adopt the same; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The Parks Donation and Memorial Program ("Program") attached hereto as Exhibit A and incorporated by this reference is hereby adopted. Section 2. Severabilitv. 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. Resolution No.10-598 Page 1 of 8 Section 3. 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 referencesthereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 16th day of November, 2010. CITY OF FEDERAL WAY crr�-�---- OR, LINDA KOCHMAR ATTEST: � CITY CLERK, CAR L MCN Y, CMC APPROVED AS TO FORM: �i/�!ti lA� � -- CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 11/9/2010 PASSED BY THE CITY COLTNCIL: 11/16/2010 RESOLUTION NO.: 10-598 Resolution No.10-598 Page 2 of 8 EXHIBIT A � ci�v c�� �� �>.:� .�� � � � .� . PARK DONATION & MEMORIAL PROGRAM I. PURPOSE The City of Federal Way receives numerous inquiries from individuals and organizations about donations and memorials to the City's park system. The intent of the Donation & Memorial Program is to create a program that is flexible and responsive to the needs of our community's donors and to establish policies and procedures for accepting donations made for the benefit of the City's parks system. II. DEFINITIONS l. Department: the Parks, Recreation and Cultural Services Department 2. Director: the Parks, Recreation and Cultural Services Department Director or designee. 3. Donation: gift of funds, plant materials, and physical objects or structures. 4. Memorial Plaques: bronze plaque either installed at ground level or attached to an approved object in a park or facility. Plaque size will be established by specified use, with a maximum number of text lines and restricted letter font style and size. 5. Park: any city-owned park, facility, natural area, and open space managed for recreational use and/or resource protection. 6. Pathway: any on or off-road pathway, sidewalk, or trail located in Park. III. POLICY A. The Department shall be responsible for administering the Park Donation & Memorial Program, including establishing a review process for approving and installing donations. The Department may coordinate with other City departments where needed, or designate other departments to oversee certain aspects of the program. B. The City encourages donations of land, facilities, equipment, landscape material and money to support the Parks, Recreation and Cultural Services to the community. Donations will be accepted from public and private sources for the purposes of enhancing all City parks and park pathways, and will become the property of the City. Resolution No.10-598 Page 3 of 8 C. Donations will be considered far all Parks and Park Pathways with the exception of those areas where human activity is discouraged to protect habitat and sensitive lands. D. All costs associated with the donation request, such as installation and anticipated on-going maintenance costs, should be covered by the donor. The City may, on a case by case basis, establish an appropriate administrative fee of no greater than 15% of the value of the donation to coardinate the project. For projects of large value, a reasonable administrative fee will be negotiated. E. Approval Criteria: Proposed donations may be incorporated into the landscape and facilities of parks and pathways according to the following criteria: General Criteria: l. Donations must be compatible with and meet a specific park facility or amenity need identified in the approved park master plan, 2. In areas not covered by master plans, compatibility with existing facilities and local conditions shall be considered as long as the donation meets a specific park need. 3. Age and anticipated general condition of the donation. 4. Anticipated maintenance requirements. Specific Criteria: 1. Cash Donations: Unspecified cash donations may be used to build, to repair or to upgrade existing or new park facilities at the City's discretion. 2. Structures and Site Furnishings: The City has established general aesthetic standards for furnishings in parks. Donations of structures or furnishings should maintain this aesthetic standard. Therefore the Director will offer donors a list of pre-approved furnishings that they may choose from at the current market values (approx $300 — 3,500 range). The list shall include the following new items, and may be added to or amended by the Director as necessary: New Items: Tree Picnic Tables Metal Benches Litter receptacles Planters Drinking Fountains Trail Marker Signs 3. Other Furnishings: Other furnishings or structures outside of the pre-approved list such as fountains, plazas, and landscapes will be reviewed on a case by case basis. 4. Artwork: Donations of art, or cash donations to purchase or commission art must be pre- approved by the City's Arts Commission with the location approved by the Department. 5. Plant Donations: Donation of plant material is allowed as long as the donation is purchased from a City approved certified nursery. Acceptance of plant material by the City is based Resolution No.10-598 Page 4 of 8 upon whether the plant material furthers the design theme established in the park and a need exists for additional plants. The City's ability to hold quantities of plants until needed is limited. Therefore, only plant materials that can be planted at the time of acceptance are allowed. Plant material occasionally must be relocated or conditions may lead to the demise of some plants. Therefore, donations will only be accepted if donors realize that plants may be relocated and that the City may not replace plant material that does not survive. F. Variations: Variation to Standard Memorial Plaques will be allowed only upon approval of the Director. G. Damages & Term of Donation: The term of the donation or memorial will be for the life of the asset. For example, if a donated park bench is destroyed or deteriorates, then the memorial may be removed. The City will make every practical effort to repair damaged donations and memorials. However, the City is not responsible for replacing items, including plaques, due to excessive damage or loss. The City will attempt to contact the donor using the information on the Donation Memorial Form to inform him/her of the loss. The donor may replace the item andlor plaque at his/her own expense. H. Naming of Parks: The City has an approved process for naming parks. Please see Resolution No. 91-57 IV. PROCEDURE A. The donor shall meet with Department staff prior to submitting a Park Donation & Memorial Form. The purpose of this meeting is for the donor to share ideas regarding the proposed donation and/or memorial. Once this meeting has occurred, the donor may submit a completed Park Donation & Memorial Form to the Department. B. Department staff will review and determine the appropriateness of the proposal as measured by the approval criteria listed above in Section III (E). If a proposal does not meet the approval criteria, the donor will be notified of the reasons why. C. Property Donations: All land/property donations will be submitted through Staff and forwarded to the Parks and Recreation Commission for a recommendation, to the Parks, Recreation, Human Services and Public Safety Committee for approval, and to City Council for final approval. D. Other ponations: All other donations meeting the approval criteria will be handled administratively by the Department unless the value of the donation is greater than $10,000.00, in which case, the proposal will be submitted to the Parks and Recreation Commission for a recommendation, to the Parks, Recreation, Human Services and Public Safety Committee for approval, and to City Council for final approval. E. Memorial Plaques: Memorial plaques will be permitted pursuant to this policy only in conjunction with the donation of a new item as described in section III (E) above. Memorial Plaques and installation components shall be provided by the donor and shall be a bronze marker either installed at ground level or attached to an approved object in a park or City facility. City Resolution No.10-598 Page S of 8 staff reserve the right to perform or supervise the installation. Plaque size will be established by specified use, with a maximum number of text lines and restricted letter font style and size as follows: 1. Pre-approved plaque sizes: A. 2"x 10" two (2) inches wide by ten (10) inches long with a limit of three lines of text and up to 48 characters per line. Typical application is directly upon a park bench, table, or similar dedication. B. 5" x 6" five (5) inches by six (6) inches with a limit of four lines of text and a maximum of 32 point and a minimum of 20 �oint font sizes. Typical application is placement on a rock or concrete base and placed next to a structure, plant, or tree dedication. C. 6" x 9"six (6) inches by nine (9) inches with a limit of four lines of text and a maximum of 32 point and a minimum of 20 point font sizes. Typical application is placement on a rock or concrete base and placed next to a structure, plant, or tree dedication. To prevent obscene or potentially offensive text from being displayed on city property, the Department must approve all text for Memorial Plaques. Pre-approved text may include: In Honor of , In Memory of , In Celebration of , Dedicated to , F. Appropriate approval of the donation or memorial must be obtained before installation of the donation or memorial may begin. G. Once installed, the donation or memorial becomes the property of the City of Federal Way. V. APPEAL PROCESS A. For real property donations and donations over $10,000.00, the decision of the City Council will be final. B. For decisions on proposals made by the Department, such decisions may be appealed by the proposer in writing to the Director. Such appeals shall be in writing and submitted to the City Clerk within seven (7) calendar days of the Department's decision. The appeal shall contain the following: (1) a statement of the action causing concern, (2) the action requested by the applicant and the reasons supporting it, and (3) any other relevant information and impacts. The appeal will be considered within thirty (30) days. If practical, the matter may be resolved by telephone or office visit. The decision of the Director will be final. Resolution No.10-598 Page 6 of 8 CIiY L1F . �� �,,y,�;�, � �A � � Park Donation & Memorial Program Form Donor name or organization: Address: City, State, Zip: Phone: e-mail Pre-approved donation list of new items: (please check appropriate boxes) ❑ Tree ❑ Picnic table ❑ Metal Bench ❑ Planter ❑ Litter receptacle ❑ Drinking Fountain ❑ Trail marker signs Proposed location: _ Description of request: ❑ Other ❑ Memorial plaque Desired plaque inscription: (see applicable size and font details in full policy document) Mounting option: ❑ in ground ❑ on approved obj ect or fixture For City Use Only: Current market value estimate for donation: $ 0 Approved by Comment: Date Resolution No.10-598 Page 8 of 8